Full Text of SB0319 95th General Assembly
SB0319eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Uniform Real Property Electronic Recording Act.
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| Section 2. Definitions. In this Act: | 7 |
| (1) "Document" means information that is: | 8 |
| (A) inscribed on a tangible medium or that is | 9 |
| stored in an electronic or other medium and is | 10 |
| retrievable in perceivable form; and | 11 |
| (B) eligible to be recorded in the land records | 12 |
| maintained by the county recorder.
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| (2) "Electronic" means relating to technology having | 14 |
| electrical, digital, magnetic, wireless, optical, | 15 |
| electromagnetic, or similar capabilities. | 16 |
| (3) "Electronic document" means a document that is | 17 |
| received by the recorder in an electronic form. | 18 |
| (4) "Electronic signature" means an electronic sound, | 19 |
| symbol, or process attached to or logically associated with | 20 |
| a document and executed or adopted by a person with the | 21 |
| intent to sign the document. | 22 |
| (5) "Person" means an individual, corporation, | 23 |
| business trust, estate, trust, partnership, limited |
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| liability company, association, joint venture, public | 2 |
| corporation, government, or governmental subdivision, | 3 |
| agency, or instrumentality, or any other legal or | 4 |
| commercial entity. | 5 |
| (6) "State" means a state of the United States, the | 6 |
| District of Columbia, Puerto Rico, the United States Virgin | 7 |
| Islands, or any territory or insular possession subject to | 8 |
| the jurisdiction of the United States. | 9 |
| (7) "Department" means the Illinois Department of | 10 |
| Financial and Professional Regulation. | 11 |
| (8) "Secretary" means the Secretary of the Illinois | 12 |
| Department of Financial and Professional Regulation. | 13 |
| (9) "Commission" means the Illinois Electronic | 14 |
| Recording Commission. | 15 |
| Any notifications required by this Act must be made in | 16 |
| writing and may be communicated by certified mail, return | 17 |
| receipt requested or electronic mail so long as receipt is | 18 |
| verified.
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| Section 3. Validity of electronic documents. | 20 |
| (a) If a law requires, as a condition for recording, that a | 21 |
| document be an original, be on paper or another tangible | 22 |
| medium, or be in writing, the requirement is satisfied by an | 23 |
| electronic document satisfying this Act. | 24 |
| (b) If a law requires, as a condition for recording, that a | 25 |
| document be signed, the requirement is satisfied by an |
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| electronic signature. | 2 |
| (c) A requirement that a document or a signature associated | 3 |
| with a document be notarized, acknowledged, verified, | 4 |
| witnessed, or made under oath is satisfied if the electronic | 5 |
| signature of the person authorized to perform that act, and all | 6 |
| other information required to be included, is attached to or | 7 |
| logically associated with the document or signature. A physical | 8 |
| or electronic image of a stamp, impression, or seal need not | 9 |
| accompany an electronic signature. | 10 |
| Section 4. Recording of documents. | 11 |
| (a) In this Section, "paper document" means a document that | 12 |
| is received by the county recorder in a form that is not | 13 |
| electronic. | 14 |
| (b) A county recorder: | 15 |
| (1) who implements any of the functions listed in this | 16 |
| Section shall do so in compliance with standards | 17 |
| established by the Illinois Electronic Recording | 18 |
| Commission. | 19 |
| (2) may receive, index, store, archive, and transmit | 20 |
| electronic documents. | 21 |
| (3) may provide for access to, and for search and | 22 |
| retrieval of, documents and information by electronic | 23 |
| means, including the Internet, and on approval by the | 24 |
| county recorder of the form and amount, the county board | 25 |
| may adopt a fee for document detail or image retrieval on |
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| the Internet. | 2 |
| (4) who accepts electronic documents for recording | 3 |
| shall continue to accept paper documents as authorized by | 4 |
| State law and shall place entries for both types of | 5 |
| documents in the same index. | 6 |
| (5) may convert paper documents accepted for recording | 7 |
| into electronic form. | 8 |
| (6) may convert into electronic form information | 9 |
| recorded before the county recorder began to record | 10 |
| electronic documents. | 11 |
| (7) may accept electronically any fee or tax that the | 12 |
| county recorder is authorized to collect. | 13 |
| (8) may agree with other officials of a state or a | 14 |
| political subdivision thereof, or of the United States, on | 15 |
| procedures or processes to facilitate the electronic | 16 |
| satisfaction of prior approvals and conditions precedent | 17 |
| to recording and the electronic payment of fees and taxes. | 18 |
| Section 5. Administration and standards. | 19 |
| (a) To adopt standards to implement this Act, there is | 20 |
| established as an autonomous entity within the Department of | 21 |
| Financial and Professional Regulation, the Illinois Electronic | 22 |
| Recording Commission, consisting of 9 commissioners as | 23 |
| follows: | 24 |
| (1) Members of the Illinois Association of County | 25 |
| Clerks and Recorders (IACCR), who are elected officials, |
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| shall appoint: 5 who are county recorders representative of | 2 |
| counties of varying size, population, and resources; one | 3 |
| from recommendations by the Illinois Land Title | 4 |
| Association; one who is an attorney practicing real | 5 |
| property law from recommendations by the Illinois State Bar | 6 |
| Association; and one from recommendations by the Illinois | 7 |
| Mortgage Bankers Association. | 8 |
| (2) The Secretary of Financial and Professional | 9 |
| Regulation or the Secretary's designee. | 10 |
| (3) In the event that any of the recommending or | 11 |
| appointing associations named in paragraph (1) no longer | 12 |
| represent a majority of the members of their profession, | 13 |
| the Commission may, by majority vote, substitute a | 14 |
| different association which represents a greater plurality | 15 |
| of the same profession. | 16 |
| (b) The Commission shall be organized under the following | 17 |
| rules: | 18 |
| (1) Upon this Act becoming law, the President of the | 19 |
| Illinois Association of County Clerks and Recorders | 20 |
| (IACCR), or his or her designee, shall become Acting | 21 |
| Chairperson of the Commission and within 30 days solicit | 22 |
| appointments to the Commission by the IACCR and | 23 |
| recommendations for appointments from the associations. | 24 |
| (2) Upon receiving notification of a minimum 6 | 25 |
| appointments to the Commission, the Acting Chairperson | 26 |
| shall set a place and time for the first meeting of the |
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| Commission, which shall take place within 75 days of this | 2 |
| Act becoming law. At its first meeting the Commission shall | 3 |
| adopt, by a majority vote, such rules and structure that it | 4 |
| deems necessary to govern its operations, including the | 5 |
| title, responsibilities and election of permanent | 6 |
| officers. Once adopted, the rules and structure may be | 7 |
| altered or amended by the Commission by majority vote. Upon | 8 |
| the election of officers and adoption of rules or bylaws, | 9 |
| the duties of the Acting Chairperson shall cease. | 10 |
| (3) The Commission shall meet at least once every year | 11 |
| within the State of Illinois. The time and place of | 12 |
| meetings to be determined by the Chairperson and approved | 13 |
| by a majority of the Commission. | 14 |
| (4) Six commissioners shall constitute a quorum. | 15 |
| (5) Commissioners shall receive no compensation for | 16 |
| their services but may be reimbursed for reasonable | 17 |
| expenses at current rates in effect at the Department, | 18 |
| directly related to their duties as commissioners and | 19 |
| participation at Commission meetings or while on business | 20 |
| or at meetings which have been authorized by the | 21 |
| Commission. | 22 |
| (6) Commissioners shall serve terms of 3 years, which | 23 |
| shall expire on December 1st. Three commissioners first | 24 |
| taking office, including at least one county recorder, | 25 |
| shall serve terms of one year, and 3 commissioners | 26 |
| including at least 2 recorders, shall serve terms of 2 |
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| years, to be determined by lot. The calculation of the | 2 |
| terms in office of the first commissioners shall begin on | 3 |
| the first December 1st after commissioners have served at | 4 |
| least 6 months in office. The Commission Chairperson shall | 5 |
| notify the Secretary of the name, address, and related | 6 |
| affiliation, if any, of a commissioner within 30 days after | 7 |
| the appointment. | 8 |
| (7) The Chairperson shall declare a commissioner's | 9 |
| office vacant immediately after receipt of a written | 10 |
| resignation, death, or under other circumstances specified | 11 |
| within the rules adopted by the Commission, which shall | 12 |
| also by rule specify how and by what deadlines a | 13 |
| replacement is to be appointed. | 14 |
| (c) The Commission shall adopt and publish standards to | 15 |
| implement this Act and shall be the exclusive entity to set | 16 |
| standards for counties to engage in electronic recording in the | 17 |
| State of Illinois. | 18 |
| (d) To keep the standards and practices of county recorders | 19 |
| in this State in harmony with the standards and practices of | 20 |
| recording offices in other jurisdictions that enact | 21 |
| substantially this Act and to keep the technology used by | 22 |
| county recorders in this State compatible with technology used | 23 |
| by recording offices in other jurisdictions that enact | 24 |
| substantially this Act, the Commission, so far as is consistent | 25 |
| with the purposes, policies, and provisions of this Act, in | 26 |
| adopting, amending, and repealing standards shall consider: |
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| (1) standards and practices of other jurisdictions; | 2 |
| (2) the most recent standards promulgated by national | 3 |
| standard-setting bodies, such as the Property Records | 4 |
| Industry Association; | 5 |
| (3) the views of interested persons and governmental | 6 |
| officials and entities; | 7 |
| (4) the needs of counties of varying size, population, | 8 |
| and resources, and; | 9 |
| (5) standards requiring adequate information security | 10 |
| protection to ensure that electronic documents are | 11 |
| accurate, authentic, adequately preserved, and resistant | 12 |
| to tampering. | 13 |
| (e) The Commission shall review the statutes related to | 14 |
| real property and the statutes related to recording real | 15 |
| property documents and shall recommend to the General Assembly | 16 |
| any changes in the statutes that the Commission deems necessary | 17 |
| or advisable. | 18 |
| (f) Funding: The Department may accept for the Commission, | 19 |
| for any of its purposes and functions, donations, gifts, | 20 |
| grants, and appropriations of money, equipment, supplies, | 21 |
| materials, and services from the federal government, the State | 22 |
| or any of its departments or agencies, a county or | 23 |
| municipality, or from any institution, person, firm, or | 24 |
| corporation. The Commission may authorize a fee payable by | 25 |
| counties engaged in electronic recording to fund its expenses. | 26 |
| Any fee shall be proportional based on county population or |
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| number of documents recorded annually. On approval by a county | 2 |
| recorder of the form and amount, a county board may authorize | 3 |
| payment of any fee out of the special fund it has created to | 4 |
| fund document storage and electronic retrieval, as authorized | 5 |
| in Section 3-5018 of the Counties Code. Any funds received by | 6 |
| the Department for the Commission shall be used entirely for | 7 |
| expenses approved by and for the use of the Commission. | 8 |
| (g) The Department shall provide administrative support to | 9 |
| the Commission, including the preparation of the agenda and | 10 |
| minutes for Commission meetings, distribution of notices and | 11 |
| proposed rules to commissioners, payment of bills and | 12 |
| reimbursement for expenses of commissioners. | 13 |
| (h) Subject to review and approval of the Commission, the | 14 |
| Department shall promulgate by rule the standards adopted, | 15 |
| amended, or repealed by the Commission under this Act. | 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)). |
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| Section 8. Effective date. This Act takes effect upon | 2 |
| becoming law.
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