Full Text of HB0830 95th General Assembly
HB0830sam004 95TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 5/16/2007
|
|
09500HB0830sam004 |
|
LRB095 05101 MJR 36526 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 830
| 2 |
| AMENDMENT NO. ______. Amend House Bill 830, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 1. Short title. This Act may be cited as the | 6 |
| Uniform Real Property Electronic Recording Act. | 7 |
| Section 2. Definitions. In this Act: | 8 |
| (1) "Document" means information that is: | 9 |
| (A) inscribed on a tangible medium or that is | 10 |
| stored in an electronic or other medium and is | 11 |
| retrievable in perceivable form; and | 12 |
| (B) eligible to be recorded in the land records | 13 |
| maintained by the county recorder.
| 14 |
| (2) "Electronic" means relating to technology having | 15 |
| electrical, digital, magnetic, wireless, optical, | 16 |
| electromagnetic, or similar capabilities. |
|
|
|
09500HB0830sam004 |
- 2 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| (3) "Electronic document" means a document that is | 2 |
| received by the recorder in an electronic form. | 3 |
| (4) "Electronic signature" means an electronic sound, | 4 |
| symbol, or process attached to or logically associated with | 5 |
| a document and executed or adopted by a person with the | 6 |
| intent to sign the document. | 7 |
| (5) "Person" means an individual, corporation, | 8 |
| business trust, estate, trust, partnership, limited | 9 |
| liability company, association, joint venture, public | 10 |
| corporation, government, or governmental subdivision, | 11 |
| agency, or instrumentality, or any other legal or | 12 |
| commercial entity. | 13 |
| (6) "State" means a state of the United States, the | 14 |
| District of Columbia, Puerto Rico, the United States Virgin | 15 |
| Islands, or any territory or insular possession subject to | 16 |
| the jurisdiction of the United States. | 17 |
| (7) "Secretary" means the Secretary of State. | 18 |
| (8) "Commission" means the Illinois Electronic | 19 |
| Recording Commission. | 20 |
| Any notifications required by this Act must be made in | 21 |
| writing and may be communicated by certified mail, return | 22 |
| receipt requested or electronic mail so long as receipt is | 23 |
| verified.
| 24 |
| Section 3. Validity of electronic documents. | 25 |
| (a) If a law requires, as a condition for recording, that a |
|
|
|
09500HB0830sam004 |
- 3 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| document be an original, be on paper or another tangible | 2 |
| medium, or be in writing, the requirement is satisfied by an | 3 |
| electronic document satisfying this Act. | 4 |
| (b) If a law requires, as a condition for recording, that a | 5 |
| document be signed, the requirement is satisfied by an | 6 |
| electronic signature. | 7 |
| (c) A requirement that a document or a signature associated | 8 |
| with a document be notarized, acknowledged, verified, | 9 |
| witnessed, or made under oath is satisfied if the electronic | 10 |
| signature of the person authorized to perform that act, and all | 11 |
| other information required to be included, is attached to or | 12 |
| logically associated with the document or signature. A physical | 13 |
| or electronic image of a stamp, impression, or seal need not | 14 |
| accompany an electronic signature. | 15 |
| Section 4. Recording of documents. | 16 |
| (a) In this Section, "paper document" means a document that | 17 |
| is received by the county recorder in a form that is not | 18 |
| electronic. | 19 |
| (b) A county recorder: | 20 |
| (1) who implements any of the functions listed in this | 21 |
| Section shall do so in compliance with standards | 22 |
| established by the Illinois Electronic Recording | 23 |
| Commission and must follow the procedures of the Local | 24 |
| Records Act before destroying any original paper records as | 25 |
| part of a conversion process into an electronic or other |
|
|
|
09500HB0830sam004 |
- 4 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| format. | 2 |
| (2) may receive, index, store, archive, and transmit | 3 |
| electronic documents. | 4 |
| (3) may provide for access to, and for search and | 5 |
| retrieval of, documents and information by electronic | 6 |
| means, including the Internet, and on approval by the | 7 |
| county recorder of the form and amount, the county board | 8 |
| may adopt a fee for document detail or image retrieval on | 9 |
| the Internet. | 10 |
| (4) who accepts electronic documents for recording | 11 |
| shall continue to accept paper documents as authorized by | 12 |
| State law and shall place entries for both types of | 13 |
| documents in the same index. | 14 |
| (5) may convert paper documents accepted for recording | 15 |
| into electronic form. | 16 |
| (6) may convert into electronic form information | 17 |
| recorded before the county recorder began to record | 18 |
| electronic documents. | 19 |
| (7) may accept electronically any fee or tax that the | 20 |
| county recorder is authorized to collect. | 21 |
| (8) may agree with other officials of a state or a | 22 |
| political subdivision thereof, or of the United States, on | 23 |
| procedures or processes to facilitate the electronic | 24 |
| satisfaction of prior approvals and conditions precedent | 25 |
| to recording and the electronic payment of fees and taxes. |
|
|
|
09500HB0830sam004 |
- 5 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| Section 5. Administration and standards. | 2 |
| (a) To adopt standards to implement this Act, there is | 3 |
| established, within the Office of the Secretary of State, the | 4 |
| Illinois Electronic Recording Commission consisting of 15 | 5 |
| commissioners as follows: | 6 |
| (1) The Secretary of State or the Secretary's designee | 7 |
| shall be a permanent commissioner. | 8 |
| (2) The Secretary of State shall appoint the following | 9 |
| additional 14 commissioners: | 10 |
| (A) Three who are from the land title profession. | 11 |
| (B) Three who are from lending institutions. | 12 |
| (C) One who is an attorney. | 13 |
| (D) Seven who are county recorders, no more than 4 | 14 |
| of whom are from one political party, representative of | 15 |
| counties of varying size, geography, population, and | 16 |
| resources. | 17 |
| (3) On the effective date of this Act, the Secretary of | 18 |
| State or the Secretary's designee shall become the Acting | 19 |
| Chairperson of the Commission. The Secretary shall appoint | 20 |
| the initial commissioners within 60 days and hold the first | 21 |
| meeting of the Commission within 120 days, notifying | 22 |
| commissioners of the time and place of the first meeting | 23 |
| with at least 14 days' notice.
At its first meeting the | 24 |
| Commission shall adopt, by a majority vote, such rules and | 25 |
| structure that it deems necessary to govern its operations, | 26 |
| including the title, responsibilities, and election of |
|
|
|
09500HB0830sam004 |
- 6 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| officers. Once adopted, the rules and structure may be | 2 |
| altered or amended by the Commission by majority vote. Upon | 3 |
| the election of officers and adoption of rules or by-laws, | 4 |
| the duties of the Acting Chairperson shall cease. | 5 |
| (4) The Commission shall meet at least once every year | 6 |
| within the State of Illinois. The time and place of | 7 |
| meetings to be determined by the Chairperson and approved | 8 |
| by a majority of the Commission. | 9 |
| (5) Eight commissioners shall constitute a quorum. | 10 |
| (6) Commissioners shall receive no compensation for | 11 |
| their services but may be reimbursed for reasonable | 12 |
| expenses at current rates in effect at the Office of the | 13 |
| Secretary of State, directly related to their duties as | 14 |
| commissioners and participation at Commission meetings or | 15 |
| while on business or at meetings which have been authorized | 16 |
| by the Commission. | 17 |
| (7) Appointed commissioners shall serve terms of 3 | 18 |
| years, which shall expire on December 1st. Five of the | 19 |
| initially appointed commissioners, including at least 2 | 20 |
| county recorders, shall serve terms of one year, 5 of the | 21 |
| initially appointed commissioners, including at least 2 | 22 |
| county recorders, shall serve terms of 2 years, and 4 of | 23 |
| the initially appointed commissioners shall serve terms of | 24 |
| 3 years, to be determined by lot. The calculation of the | 25 |
| terms in office of the initially appointed commissioners | 26 |
| shall begin on the first December 1st after the |
|
|
|
09500HB0830sam004 |
- 7 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| commissioners have served at least 6 months in office. | 2 |
| (8) The Chairperson shall declare a commissioner's | 3 |
| office vacant immediately after receipt of a written | 4 |
| resignation, death, a recorder commissioner no longer | 5 |
| holding the public office, or under other circumstances | 6 |
| specified within the rules adopted by the Commission, which | 7 |
| shall also by rule specify how and by what deadlines a | 8 |
| replacement is to be appointed. | 9 |
| (b) The Commission shall adopt and transmit to the | 10 |
| Secretary of State standards to implement this Act and shall be | 11 |
| the exclusive entity to set standards for counties to engage in | 12 |
| electronic recording in the State of Illinois. | 13 |
| (c) To keep the standards and practices of county recorders | 14 |
| in this State in harmony with the standards and practices of | 15 |
| recording offices in other jurisdictions that enact | 16 |
| substantially this Act and to keep the technology used by | 17 |
| county recorders in this State compatible with technology used | 18 |
| by recording offices in other jurisdictions that enact | 19 |
| substantially this Act, the Commission, so far as is consistent | 20 |
| with the purposes, policies, and provisions of this Act, in | 21 |
| adopting, amending, and repealing standards shall consider: | 22 |
| (1) standards and practices of other jurisdictions; | 23 |
| (2) the most recent standards promulgated by national | 24 |
| standard-setting bodies, such as the Property Records | 25 |
| Industry Association; | 26 |
| (3) the views of interested persons and governmental |
|
|
|
09500HB0830sam004 |
- 8 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| officials and entities; | 2 |
| (4) the needs of counties of varying size, population, | 3 |
| and resources; and | 4 |
| (5) standards requiring adequate information security | 5 |
| protection to ensure that electronic documents are | 6 |
| accurate, authentic, adequately preserved, and resistant | 7 |
| to tampering. | 8 |
| (d) The Commission shall review the statutes related to | 9 |
| real property and the statutes related to recording real | 10 |
| property documents and shall recommend to the General Assembly | 11 |
| any changes in the statutes that the Commission deems necessary | 12 |
| or advisable. | 13 |
| (e) Funding. The Secretary of State may accept for the | 14 |
| Commission, for any of its purposes and functions, donations, | 15 |
| gifts, grants, and appropriations of money, equipment, | 16 |
| supplies, materials, and services from the federal government, | 17 |
| the State or any of its departments or agencies, a county or | 18 |
| municipality, or from any institution, person, firm, or | 19 |
| corporation. The Commission may authorize a fee payable by | 20 |
| counties engaged in electronic recording to fund its expenses. | 21 |
| Any fee shall be proportional based on county population or | 22 |
| number of documents recorded annually. On approval by a county | 23 |
| recorder of the form and amount, a county board may authorize | 24 |
| payment of any fee out of the special fund it has created to | 25 |
| fund document storage and electronic retrieval, as authorized | 26 |
| in Section 3-5018 of the Counties Code. Any funds received by |
|
|
|
09500HB0830sam004 |
- 9 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| the Office of the Secretary of State for the Commission shall | 2 |
| be used entirely for expenses approved by and for the use of | 3 |
| the Commission. | 4 |
| (f) The Secretary of State shall provide administrative | 5 |
| support to the Commission, including the preparation of the | 6 |
| agenda and minutes for Commission meetings, distribution of | 7 |
| notices and proposed rules to commissioners, payment of bills | 8 |
| and reimbursement for expenses of commissioners. | 9 |
| (g) Standards and rules adopted by the Commission shall be | 10 |
| delivered to the Secretary of State. Within 60 days, the | 11 |
| Secretary shall either promulgate by rule the standards | 12 |
| adopted, amended, or repealed or return them to the Commission, | 13 |
| with findings, for changes. The Commission may override the | 14 |
| Secretary by a three-fifths vote, in which case the Secretary | 15 |
| shall publish the Commission's standards. | 16 |
| Section 6. (Blank). | 17 |
| Section 7. Relation to Electronic Signatures in Global and | 18 |
| National Commerce Act.
This Act modifies, limits, and | 19 |
| supersedes the federal Electronic Signatures in Global and | 20 |
| National Commerce Act (15 U.S.C. Section 7001, et seq.) but | 21 |
| does not modify, limit, or supersede Section 101(c) of that Act | 22 |
| (15 U.S.C. Section 7001(c)) or authorize electronic delivery of | 23 |
| any of the notices described in Section 103(b) of that Act (15 | 24 |
| U.S.C. Section 7003(b)). |
|
|
|
09500HB0830sam004 |
- 10 - |
LRB095 05101 MJR 36526 a |
|
| 1 |
| Section 8. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|