Full Text of SB2805 99th General Assembly
SB2805sam001 99TH GENERAL ASSEMBLY
Sen. Jason A. Barickman
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AMENDMENT TO SENATE BILL 2805
AMENDMENT NO. ______. Amend Senate Bill 2805 by replacing
everything after the enacting clause with the following:
The Uniform Real Property Electronic Recording
Act is amended by changing Section 5 as follows:
(765 ILCS 33/5)
Administration and standards.
(a) To adopt standards to implement this Act, there is
established, within the Office of the Secretary of State, the
Illinois Electronic Recording Commission consisting of
commissioners as follows:
(1) The Secretary of State or the Secretary's designee
shall be a permanent commissioner.
(2) The Secretary of State shall appoint the following
(A) Three who are from the land title profession.
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(B) Three who are from lending institutions.
(C) One who is an attorney.
(D) Seven who are county recorders, no more than 4
of whom are from one political party, representative of
counties of varying size, geography, population, and
(E) Two who are licensed real estate brokers or
managing brokers under the Real Estate License Act of
(3) On the effective date of this Act, the Secretary of
State or the Secretary's designee shall become the Acting
Chairperson of the Commission. The Secretary shall appoint
the initial commissioners within 60 days and hold the first
meeting of the Commission within 120 days, notifying
commissioners of the time and place of the first meeting
with at least 14 days' notice.
At its first meeting the
Commission shall adopt, by a majority vote, such rules and
structure that it deems necessary to govern its operations,
including the title, responsibilities, and election of
officers. Once adopted, the rules and structure may be
altered or amended by the Commission by majority vote. Upon
the election of officers and adoption of rules or bylaws,
the duties of the Acting Chairperson shall cease.
(4) The Commission shall meet at least once every year
within the State of Illinois. The time and place of
meetings to be determined by the Chairperson and approved
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by a majority of the Commission.
commissioners shall constitute a
(6) Commissioners shall receive no compensation for
their services but may be reimbursed for reasonable
expenses at current rates in effect at the Office of the
Secretary of State, directly related to their duties as
commissioners and participation at Commission meetings or
while on business or at meetings which have been authorized
by the Commission.
(7) Appointed commissioners shall serve terms of 3
years, which shall expire on December 1st. Five of the
initially appointed commissioners, including at least 2
county recorders, shall serve terms of one year, 5 of the
initially appointed commissioners, including at least 2
county recorders, shall serve terms of 2 years, and 4 of
the initially appointed commissioners shall serve terms of
3 years, to be determined by lot.
Of the commissioners
appointed under subparagraph (E) of paragraph (2) of this
subsection, one of the initially appointed commissioners
shall serve a term of 2 years and one of the initially
appointed commissioners shall serve a term of 3 years, to
be determined by lot.
The calculation of the terms in
office of the initially appointed commissioners shall
begin on the first December 1st after the commissioners
have served at least 6 months in office.
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(8) The Chairperson shall declare a commissioner's
office vacant immediately after receipt of a written
resignation, death, a recorder commissioner no longer
holding the public office, or under other circumstances
specified within the rules adopted by the Commission, which
shall also by rule specify how and by what deadlines a
replacement is to be appointed.
(c) The Commission shall adopt and transmit to the
Secretary of State standards to implement this Act and shall be
the exclusive entity to set standards for counties to engage in
electronic recording in the State of Illinois.
(d) To keep the standards and practices of county recorders
in this State in harmony with the standards and practices of
recording offices in other jurisdictions that enact
substantially this Act and to keep the technology used by
county recorders in this State compatible with technology used
by recording offices in other jurisdictions that enact
substantially this Act, the Commission, so far as is consistent
with the purposes, policies, and provisions of this Act, in
adopting, amending, and repealing standards shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national
standard-setting bodies, such as the Property Records
(3) the views of interested persons and governmental
officials and entities;
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(4) the needs of counties of varying size, population,
and resources; and
(5) standards requiring adequate information security
protection to ensure that electronic documents are
accurate, authentic, adequately preserved, and resistant
(e) The Commission shall review the statutes related to
real property and the statutes related to recording real
property documents and shall recommend to the General Assembly
any changes in the statutes that the Commission deems necessary
(f) Funding. The Secretary of State may accept for the
Commission, for any of its purposes and functions, donations,
gifts, grants, and appropriations of money, equipment,
supplies, materials, and services from the federal government,
the State or any of its departments or agencies, a county or
municipality, or from any institution, person, firm, or
corporation. The Commission may authorize a fee payable by
counties engaged in electronic recording to fund its expenses.
Any fee shall be proportional based on county population or
number of documents recorded annually. On approval by a county
recorder of the form and amount, a county board may authorize
payment of any fee out of the special fund it has created to
fund document storage and electronic retrieval, as authorized
in Section 3-5018 of the Counties Code. Any funds received by
the Office of the Secretary of State for the Commission shall
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be used entirely for expenses approved by and for the use of
(g) The Secretary of State shall provide administrative
support to the Commission, including the preparation of the
agenda and minutes for Commission meetings, distribution of
notices and proposed rules to commissioners, payment of bills
and reimbursement for expenses of commissioners.
(h) Standards and rules adopted by the Commission shall be
delivered to the Secretary of State. Within 60 days, the
Secretary shall either promulgate by rule the standards
adopted, amended, or repealed or return them to the Commission,
with findings, for changes. The Commission may override the
Secretary by a three-fifths vote, in which case the Secretary
shall publish the Commission's standards.
(Source: P.A. 95-472, eff. 8-27-07.)".