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| Public Act 099-0662
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| SB2805 Enrolled | LRB099 19731 HEP 44129 b |
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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 5. The Uniform Real Property Electronic Recording |
Act is amended by changing Section 5 as follows:
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(765 ILCS 33/5)
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Sec. 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 17 15 |
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 |
additional 16 14 commissioners: |
(A) Three who are from the land title profession. |
(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 |
resources. |
(E) Two who are licensed real estate brokers or |
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managing brokers under the Real Estate License Act of |
2000. |
(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 |
by a majority of the Commission. |
(5) Nine Eight commissioners shall constitute a |
quorum. |
(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 |
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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. |
(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. |
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(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 |
Industry Association; |
(3) the views of interested persons and governmental |
officials and entities; |
(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 |
to tampering. |
(e) The Commission shall review the statutes related to |
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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 |
or advisable. |
(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 |
be used entirely for expenses approved by and for the use of |
the Commission. |
(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. |
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(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.
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(Source: P.A. 95-472, eff. 8-27-07.)
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