Illinois General Assembly - Full Text of SB2805
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Full Text of SB2805  99th General Assembly



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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Uniform Real Property Electronic Recording
5Act is amended by changing Section 5 as follows:
6    (765 ILCS 33/5)
7    Sec. 5. Administration and standards.
8    (a) To adopt standards to implement this Act, there is
9established, within the Office of the Secretary of State, the
10Illinois Electronic Recording Commission consisting of 17 15
11commissioners as follows:
12        (1) The Secretary of State or the Secretary's designee
13    shall be a permanent commissioner.
14        (2) The Secretary of State shall appoint the following
15    additional 16 14 commissioners:
16            (A) Three who are from the land title profession.
17            (B) Three who are from lending institutions.
18            (C) One who is an attorney.
19            (D) Seven who are county recorders, no more than 4
20        of whom are from one political party, representative of
21        counties of varying size, geography, population, and
22        resources.
23            (E) Two who are licensed real estate brokers or



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1        managing brokers under the Real Estate License Act of
2        2000.
3        (3) On the effective date of this Act, the Secretary of
4    State or the Secretary's designee shall become the Acting
5    Chairperson of the Commission. The Secretary shall appoint
6    the initial commissioners within 60 days and hold the first
7    meeting of the Commission within 120 days, notifying
8    commissioners of the time and place of the first meeting
9    with at least 14 days' notice. At its first meeting the
10    Commission shall adopt, by a majority vote, such rules and
11    structure that it deems necessary to govern its operations,
12    including the title, responsibilities, and election of
13    officers. Once adopted, the rules and structure may be
14    altered or amended by the Commission by majority vote. Upon
15    the election of officers and adoption of rules or bylaws,
16    the duties of the Acting Chairperson shall cease.
17        (4) The Commission shall meet at least once every year
18    within the State of Illinois. The time and place of
19    meetings to be determined by the Chairperson and approved
20    by a majority of the Commission.
21        (5) Nine Eight commissioners shall constitute a
22    quorum.
23        (6) Commissioners shall receive no compensation for
24    their services but may be reimbursed for reasonable
25    expenses at current rates in effect at the Office of the
26    Secretary of State, directly related to their duties as



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1    commissioners and participation at Commission meetings or
2    while on business or at meetings which have been authorized
3    by the Commission.
4        (7) Appointed commissioners shall serve terms of 3
5    years, which shall expire on December 1st. Five of the
6    initially appointed commissioners, including at least 2
7    county recorders, shall serve terms of one year, 5 of the
8    initially appointed commissioners, including at least 2
9    county recorders, shall serve terms of 2 years, and 4 of
10    the initially appointed commissioners shall serve terms of
11    3 years, to be determined by lot. Of the commissioners
12    appointed under subparagraph (E) of paragraph (2) of this
13    subsection, one of the initially appointed commissioners
14    shall serve a term of 2 years and one of the initially
15    appointed commissioners shall serve a term of 3 years, to
16    be determined by lot. The calculation of the terms in
17    office of the initially appointed commissioners shall
18    begin on the first December 1st after the commissioners
19    have served at least 6 months in office.
20        (8) The Chairperson shall declare a commissioner's
21    office vacant immediately after receipt of a written
22    resignation, death, a recorder commissioner no longer
23    holding the public office, or under other circumstances
24    specified within the rules adopted by the Commission, which
25    shall also by rule specify how and by what deadlines a
26    replacement is to be appointed.



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1    (c) The Commission shall adopt and transmit to the
2Secretary of State standards to implement this Act and shall be
3the exclusive entity to set standards for counties to engage in
4electronic recording in the State of Illinois.
5    (d) To keep the standards and practices of county recorders
6in this State in harmony with the standards and practices of
7recording offices in other jurisdictions that enact
8substantially this Act and to keep the technology used by
9county recorders in this State compatible with technology used
10by recording offices in other jurisdictions that enact
11substantially this Act, the Commission, so far as is consistent
12with the purposes, policies, and provisions of this Act, in
13adopting, amending, and repealing standards shall consider:
14        (1) standards and practices of other jurisdictions;
15        (2) the most recent standards promulgated by national
16    standard-setting bodies, such as the Property Records
17    Industry Association;
18        (3) the views of interested persons and governmental
19    officials and entities;
20        (4) the needs of counties of varying size, population,
21    and resources; and
22        (5) standards requiring adequate information security
23    protection to ensure that electronic documents are
24    accurate, authentic, adequately preserved, and resistant
25    to tampering.
26    (e) The Commission shall review the statutes related to



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1real property and the statutes related to recording real
2property documents and shall recommend to the General Assembly
3any changes in the statutes that the Commission deems necessary
4or advisable.
5    (f) Funding. The Secretary of State may accept for the
6Commission, for any of its purposes and functions, donations,
7gifts, grants, and appropriations of money, equipment,
8supplies, materials, and services from the federal government,
9the State or any of its departments or agencies, a county or
10municipality, or from any institution, person, firm, or
11corporation. The Commission may authorize a fee payable by
12counties engaged in electronic recording to fund its expenses.
13Any fee shall be proportional based on county population or
14number of documents recorded annually. On approval by a county
15recorder of the form and amount, a county board may authorize
16payment of any fee out of the special fund it has created to
17fund document storage and electronic retrieval, as authorized
18in Section 3-5018 of the Counties Code. Any funds received by
19the Office of the Secretary of State for the Commission shall
20be used entirely for expenses approved by and for the use of
21the Commission.
22    (g) The Secretary of State shall provide administrative
23support to the Commission, including the preparation of the
24agenda and minutes for Commission meetings, distribution of
25notices and proposed rules to commissioners, payment of bills
26and reimbursement for expenses of commissioners.



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1    (h) Standards and rules adopted by the Commission shall be
2delivered to the Secretary of State. Within 60 days, the
3Secretary shall either promulgate by rule the standards
4adopted, amended, or repealed or return them to the Commission,
5with findings, for changes. The Commission may override the
6Secretary by a three-fifths vote, in which case the Secretary
7shall publish the Commission's standards.
8(Source: P.A. 95-472, eff. 8-27-07.)