IL Senate Bill 319 | NNA
Law

IL Senate Bill 319

Notary Law Update: IL Senate Bill 319

State: Illinois

Summary:

Senate Bill 319 the Uniform Real Property Electronic Recording Act (URPERA).

Signed:  August 27, 2007

Effective:  August 27, 2007

Chapter: Public Act 95-472

Affects:

Creates an as yet uncodified new Section in the Illinois Compiled Statutes

Changes:
  1. Enacts the Uniform Real Property Electronic Recording Act (URPERA), which permits county recorders to establish an electronic recording system to record electronic real property documents.
  2. Tasks a 15-member electronic recording commission within the office of the Illinois Secretary of State with the responsibility of creating technical standards for implementing the Act, 7 of which must be recorders.
  3. Stipulates that an electronic notarization is legal without the imprint of a Notary’s official physical seal.
Analysis:

2007 has been an eventful year for enactments of the Uniform Real Property Electronic Recording Act. Illinois becomes the sixth state to enact the URPERA this year, and the fourteenth overall. Even prior to SB 319 becoming law, the NNA was aware that the counties of Champaign, Cook, DuPage, McHenry, McLean and Rock Island were accepting electronic documents for recording in the official land records. Since URPERA is typically enacted in order to provide a statutory basis for electronic recording, it is unclear whether these counties “jumped the gun” or had prior permission to implement electronic recording. All named counties except McHenry and McLean were performing “Level 3” e-recording; with Level 3 e-recording documents are created, signed, notarized, transmitted and recorded as entirely electronic documents; no paper is ever used. These counties (including McHenry and McLean) also were performing “Level 2” e-recording, where documents are created on paper, signed and notarized using pen-and-ink signatures and physical Notary seals, and then electronically scanned and transmitted to the recorder’s office as electronic documents. Importantly, Illinois’ URPERA contains the security provision requiring the electronic recording commission to adopt “standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.”

Read the bill text.

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