093_HB3139

 
                                     LRB093 09805 MKM 10050 b

 1        AN ACT concerning fees.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 3-5018 as follows:

 6        (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
 7        Sec.  3-5018.  Fees. The recorder elected as provided for
 8    in this Division shall receive such fees as  are  or  may  be
 9    provided  for  him  by  law,  in  case of provision therefor:
10    otherwise he shall receive the same fees as  are  or  may  be
11    provided  in  this  Section,  except when increased by county
12    ordinance pursuant to the provisions of this Section,  to  be
13    paid  to  the  county clerk for his services in the office of
14    recorder for like services.
15        For recording  deeds  or  other  instruments  other  than
16    mortgages,  trust deeds, deeds of trust, or other instruments
17    securing an indebtedness in the nature of a mortgage, $12 for
18    the first 4 pages thereof, plus $1 for each  additional  page
19    thereof,  plus $1 for each additional document number therein
20    noted.  For recording mortgages, trust deeds, deeds of trust,
21    or other instruments securing an indebtedness in  the  nature
22    of  a  mortgage,  $40 for the first 2 pages, plus $2 for each
23    additional page.  For recording a full or  final  release  or
24    satisfaction  of  a  mortgage,  trust deed, deed of trust, or
25    other instrument securing an indebtedness in the nature of  a
26    mortgage  or  a  certificate  of  release,  there shall be no
27    additional charge if the document being released is  recorded
28    after  the  effective date of this amendatory Act of the 93rd
29    General Assembly. Except for releases  as  provided  in  this
30    Section,  the  aggregate  minimum  fee  for recording any one
31    instrument shall not be less than $12.
 
                            -2-      LRB093 09805 MKM 10050 b
 1        For recording deeds  or  other  instruments  wherein  the
 2    premises  affected thereby are referred to by document number
 3    and not by legal description a fee of $1 in addition to  that
 4    hereinabove  referred  to  for  each  document number therein
 5    noted.
 6        For recording assignments of mortgages, leases  or  liens
 7    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
 8    additional  page  thereof.   However,  except  for leases and
 9    liens pertaining to oil, gas and other minerals,  whenever  a
10    mortgage,  lease  or  lien  assignment  assigns more than one
11    mortgage, lease or lien document, a $7 fee shall  be  charged
12    for  the  recording  of  each  such  mortgage,  lease or lien
13    document after the first one.
14        For recording maps or plats of additions or  subdivisions
15    approved   by  the  county  or  municipality  (including  the
16    spreading of the same of record in map case or  other  proper
17    books)  or plats of condominiums $50 for the first page, plus
18    $1 for each additional page thereof except that in  the  case
19    of  recording  a  single page, legal size 8 1/2 x 14, plat of
20    survey in which there are no more than two lots or parcels of
21    land, the fee shall be $12. In each county where such maps or
22    plats are to be recorded, the recorder may require  the  same
23    to  be  accompanied by such number of exact, true and legible
24    copies thereof  as  the  recorder  deems  necessary  for  the
25    efficient conduct and operation of his office.
26        For  certified  copies  of  records  the same fees as for
27    recording, but in no case shall the fee for a certified  copy
28    of  a  map  or  plat of an addition, subdivision or otherwise
29    exceed $10.
30        Each certificate of such recorder of the recording of the
31    deed or other writing and of the date of recording  the  same
32    signed  by such recorder, shall be sufficient evidence of the
33    recording  thereof,  and  such  certificate   including   the
34    indexing  of  record,  shall be furnished upon the payment of
 
                            -3-      LRB093 09805 MKM 10050 b
 1    the fee for recording the instrument, and no  additional  fee
 2    shall be allowed for the certificate or indexing.
 3        The recorder shall charge an additional fee, in an amount
 4    equal  to  the fee otherwise provided by law, for recording a
 5    document (other than a document filed under the Plat  Act  or
 6    the  Uniform  Commercial  Code)  that does not conform to the
 7    following standards:
 8             (1)  The document  shall  consist  of  one  or  more
 9        individual  sheets measuring 8.5 inches by 11 inches, not
10        permanently bound and  not  a  continuous  form.  Graphic
11        displays  accompanying  a  document  to  be recorded that
12        measure up to 11 inches by 17 inches  shall  be  recorded
13        without charging an additional fee.
14             (2)  The  document shall be legibly printed in black
15        ink, by hand, type, or computer.   Signatures  and  dates
16        may  be  in  contrasting  colors  if  they will reproduce
17        clearly.
18             (3)  The document shall be on  white  paper  of  not
19        less  than  20-pound weight and shall have a clean margin
20        of at least one-half inch on the  top,  the  bottom,  and
21        each   side.   Margins  may  be  used  for  non-essential
22        notations that  will  not  affect  the  validity  of  the
23        document, including but not limited to form numbers, page
24        numbers, and customer notations.
25             (4)  The  first page of the document shall contain a
26        blank space, measuring at least 3  inches  by  5  inches,
27        from the upper right corner.
28             (5)  The  document  shall  not  have  any attachment
29        stapled or otherwise affixed to any page.
30    A document that does not conform to these standards shall not
31    be  recorded  except  upon  payment  of  the  additional  fee
32    required under this paragraph.  This paragraph, as amended by
33    this amendatory Act of 1995, applies only to documents  dated
34    after the effective date of this amendatory Act of 1995.
 
                            -4-      LRB093 09805 MKM 10050 b
 1        The  county  board  of  any  county  may  provide  for an
 2    additional charge of $3 for filing every  instrument,  paper,
 3    or  notice  for  record,  in  order  to  defray  the  cost of
 4    converting the county recorder's document storage  system  to
 5    computers or micrographics.
 6        A  special  fund  shall be set up by the treasurer of the
 7    county and  such  funds  collected  pursuant  to  Public  Act
 8    83-1321 shall be used solely for a document storage system to
 9    provide  the  equipment,  materials  and  necessary  expenses
10    incurred  to  help  defray  the  costs  of  implementing  and
11    maintaining such a document records system.
12        The   county  board  of  any  county  that  provides  and
13    maintains a countywide map through a  Geographic  Information
14    System  (GIS)  may provide for an additional charge of $3 for
15    filing every instrument, paper, or notice for record in order
16    to  defray  the  cost  of  implementing  or  maintaining  the
17    county's Geographic Information System.  Of that  amount,  $2
18    must be deposited into a special fund set up by the treasurer
19    of  the  county,  and  any  moneys collected pursuant to this
20    amendatory Act of the 91st  General  Assembly  and  deposited
21    into  that  fund  must  be  used  solely  for  the equipment,
22    materials, and necessary expenses  incurred  in  implementing
23    and   maintaining   a   Geographic  Information  System.  The
24    remaining $1 must be deposited into  the  recorder's  special
25    funds  created  under Section 3-5005.4.  The recorder may, in
26    his or her discretion, use moneys in the funds created  under
27    Section  3-5005.4  to  defray  the  cost  of  implementing or
28    maintaining the county's Geographic Information System.
29        The foregoing  fees  allowed  by  this  Section  are  the
30    maximum  fees that may be collected from any officer, agency,
31    department or other instrumentality of the State.  The county
32    board may, however, by ordinance, increase the  fees  allowed
33    by  this  Section  and  collect  such increased fees from all
34    persons  and  entities   other   than   officers,   agencies,
 
                            -5-      LRB093 09805 MKM 10050 b
 1    departments  and  other instrumentalities of the State if the
 2    increase is justified by an  acceptable  cost  study  showing
 3    that  the  fees allowed by this Section are not sufficient to
 4    cover the cost of providing the service.  Regardless  of  any
 5    other  provision in this Section, the maximum fee that may be
 6    collected from  the  Department  of  Revenue  for  filing  or
 7    indexing   a   lien,   certificate   of   lien   release   or
 8    subordination,   or   any  other  type  of  notice  or  other
 9    documentation  affecting  or  concerning  a   lien   is   $5.
10    Regardless  of  any  other  provision  in  this  Section, the
11    maximum fee that may be  collected  from  the  Department  of
12    Revenue  for  indexing  each additional name in excess of one
13    for any lien, certificate of lien release  or  subordination,
14    or  any other type of notice or other documentation affecting
15    or concerning a lien is $1.
16        A statement of  the  costs  of  providing  each  service,
17    program  and  activity shall be prepared by the county board.
18    All supporting documents shall be public record  and  subject
19    to  public  examination  and  audit.  All direct and indirect
20    costs, as defined in the United States Office  of  Management
21    and   Budget   Circular   A-87,   may   be  included  in  the
22    determination of the  costs  of  each  service,  program  and
23    activity.
24    (Source: P.A.  91-791,  eff.  6-9-00;  91-886,  eff.  1-1-01;
25    91-893,  eff.  7-1-01;  92-16,  eff.  6-28-01;  92-492,  eff.
26    1-1-02.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.