Full Text of SB2227 103rd General Assembly
SB2227 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2227 Introduced 2/10/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
| |
Amends the Recorder Division of the Counties Code. Removes a requirement that a recorder be commissioned by the Governor. Provides that the chief deputy recorder (rather than the deputy recorder) shall be the recorder when the elected recorder is in active military service and that the chief deputy recorder shall receive the same compensation as the recorder during this time unless already receiving higher compensation than the recorder. Allows storage of certain information or documents in databases rather than only in books. Removes provisions repealing a Section concerning a mechanics lien demand and referral pilot program that would have otherwise repealed on January 1, 2024. Provides that the recorder may accept facsimile or other photographic or photostatic copies of the signatures of parties executing documents without labeling those signatures as copies if they are digital signatures offered in compliance with federal or State law. In provisions relating to documents received stating that a mortgage or lien is to be filed but not recorded, provides that the document will be marked filed only upon payment of a fee equal to what would be charged if the document were to be recorded. Provides that a recorder may waive the fee for additional copies of certificates of discharge or release from active duty if the recorder deems collecting the fee to be a burden to the county and the fee is waived for all requesting copies of these documents. Removes and repeals provisions relating to the time for opening and closing the recorder's office. Increases the fee for violations relating to recording a map, plat, or subdivision of land to $1,000 (rather than $200). Replaces pronouns with gender-neutral terms. Makes other changes. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB2227 | | LRB103 28861 AWJ 55246 b |
|
| 1 | | AN ACT concerning local government.
| 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 | | Sections 3-5001, 3-5002, 3-5003, 3-5004, 3-5005, 3-5005.1, | 6 | | 3-5005.2, 3-5005.3, 3-5005.4, 3-5006, 3-5007, 3-5008, 3-5009, | 7 | | 3-5010, 3-5010.5, 3-5010.8, 3-5011, 3-5012, 3-5013, 3-5014, | 8 | | 3-5015, 3-5016, 3-5018, 3-5018.1, 3-5019, 3-5020, 3-5020.5, | 9 | | 3-5021, 3-5024, 3-5025, 3-5029, 3-5031, 3-5033, 3-5036.5, | 10 | | 3-5037, 3-5038, and 3-5045 as follows:
| 11 | | (55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
| 12 | | Sec. 3-5001. County clerk as recorder; election of | 13 | | recorder. The county clerk in counties having a population of | 14 | | less than
60,000 inhabitants shall be the recorder in the | 15 | | clerk's his county.
| 16 | | In counties having a population of 60,000 or more | 17 | | inhabitants, there
shall be elected a recorder, as provided by | 18 | | law, who shall hold
his office until a his successor is | 19 | | qualified.
| 20 | | If the population of any county in which a recorder has | 21 | | been elected
decreases to less than 60,000, the voters of that | 22 | | county shall continue to
elect a recorder if the county board | 23 | | adopts a resolution to continue the
office of an elected |
| | | SB2227 | - 2 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | recorder.
| 2 | | (Source: P.A. 86-962; 86-1028.)
| 3 | | (55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
| 4 | | Sec. 3-5002. Bond. Every recorder, whether elected as such | 5 | | or
holding the office of recorder in addition to the office of | 6 | | county clerk as
hereinbefore provided, shall, before entering | 7 | | upon the duties of the his or her
office, give bonds (or, if | 8 | | the county is self-insured, the county through its
| 9 | | self-insurance program may provide bonding), with sufficient | 10 | | security to be
approved by the circuit court, payable to the | 11 | | People of the State of Illinois,
in the penal sum of $10,000 | 12 | | (except that in counties having a population of
60,000 or more | 13 | | inhabitants the penalty of the bond shall be $20,000),
| 14 | | conditioned for the faithful discharge of the recorder's his | 15 | | or her duties, and to deliver up
all papers, books, records and | 16 | | other things appertaining to the his or her office,
whole, | 17 | | safe and undefaced, when lawfully required so to do - which | 18 | | bond shall
be filed in the office of the Secretary of State, | 19 | | and a copy thereof filed of
record in the court.
| 20 | | (Source: P.A. 88-387.)
| 21 | | (55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
| 22 | | Sec. 3-5003. Oath. Each recorder, before entering upon the | 23 | | duties of
the his office, shall take and subscribe to the oath | 24 | | or affirmation prescribed
by Section 3, Article XIII of the |
| | | SB2227 | - 3 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | Constitution, which shall be filed with
the county clerk.
| 2 | | (Source: P.A. 86-962.)
| 3 | | (55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
| 4 | | Sec. 3-5004. Commencement of duties. The recorder shall | 5 | | enter upon
the duties of the his office on the first day in the | 6 | | month of December
following the recorder's his election on | 7 | | which the office of the recorder is required, by
statute or by | 8 | | action of the county board, to be open. He shall be
| 9 | | commissioned by the Governor.
| 10 | | (Source: P.A. 86-962.)
| 11 | | (55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
| 12 | | Sec. 3-5005. Functions, powers and duties of recorder. The | 13 | | functions
and powers of the recorders shall be uniform in the | 14 | | various counties of
this State. The recorder has those | 15 | | functions, powers , and duties as provided
in this Division the | 16 | | Sections following this Section and preceding Section 3-5006 .
| 17 | | (Source: P.A. 86-962.)
| 18 | | (55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
| 19 | | Sec. 3-5005.1. Appointment of deputies, assistants and | 20 | | personnel. The recorder shall appoint his deputies, | 21 | | assistants , and personnel to assist
the recorder him in the | 22 | | performance of the recorder's his duties.
| 23 | | (Source: P.A. 86-962.)
|
| | | SB2227 | - 4 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
| 2 | | Sec. 3-5005.2. Internal operations of office. The recorder
| 3 | | shall have the right to control the internal
operations of the | 4 | | his office; to procure necessary equipment, materials and
| 5 | | services to perform the duties of the his office. The recorder | 6 | | Recorder shall have the
right to select the computer or | 7 | | micrographic system to be used for document
storage and | 8 | | retrieval. The recorder Recorder may retain the services of | 9 | | management
or consulting firms to establish or maintain such a | 10 | | system.
| 11 | | (Source: P.A. 86-962.)
| 12 | | (55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3)
| 13 | | Sec. 3-5005.3. Monthly report of financial status. The | 14 | | recorder
shall file a monthly report with the county clerk | 15 | | summarizing the financial
status of the his office in such | 16 | | form as shall be determined by the county board.
| 17 | | (Source: P.A. 86-962.)
| 18 | | (55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4)
| 19 | | Sec. 3-5005.4. Deposit of fee income; special funds. The | 20 | | recorder
shall deposit in the office of the county treasurer | 21 | | monthly by the 10th day
of the month following, all fee income. | 22 | | The recorder may maintain the
following special funds from | 23 | | which the county board shall authorize payment
by voucher |
| | | SB2227 | - 5 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | between board meetings:
| 2 | | (a) Overpayments.
| 3 | | (b) Reasonable amount needed during the succeeding | 4 | | accounting period to
pay office expenses, postage, freight, | 5 | | express or similar charges.
| 6 | | (c) Excess earnings from the sale of revenue stamps to be | 7 | | maintained in
a fund to be used for the purchase of additional | 8 | | stamps from the Illinois
Department of Revenue.
| 9 | | (d) Fund to pay necessary travel, dues and other expenses | 10 | | incurred in
attending workshops, educational seminars and | 11 | | organizational meetings
established for the purpose of | 12 | | providing in-service training.
| 13 | | (e) Trust funds and for such other purposes as may be | 14 | | provided for by
law.
| 15 | | (f) Such other funds as may be authorized by the county | 16 | | board.
The recorder shall make accounting monthly to the | 17 | | county board
through the county clerk of all special funds | 18 | | maintained by the recorder him in the
discharge of the | 19 | | recorder's his duties.
| 20 | | (Source: P.A. 86-962.)
| 21 | | (55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
| 22 | | Sec. 3-5006. Appointment of deputies in writing. | 23 | | Appointments of deputies shall be in writing, and entered upon | 24 | | the
records of the his office.
| 25 | | (Source: P.A. 86-962.)
|
| | | SB2227 | - 6 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007)
| 2 | | Sec. 3-5007. Oath of deputies. Each deputy shall, before | 3 | | entering
upon the deputy's duties of his office , take and | 4 | | subscribe an oath or affirmation,
in like form as is required | 5 | | of the recorder, which shall be filed in the
office of the | 6 | | recorder.
| 7 | | (Source: P.A. 86-962.)
| 8 | | (55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
| 9 | | Sec. 3-5008. Powers of deputies. Deputy recorders duly | 10 | | appointed
and qualified may perform any and all duties of the | 11 | | recorder in the name of
the recorder, and the acts of such | 12 | | deputies shall be held to be the acts of
the recorder, and in | 13 | | case of the death of the recorder or the recorder's his | 14 | | deposition
from office, the chief deputy shall thereupon | 15 | | become the acting recorder
until such vacancy shall be filled | 16 | | according to the The Election Code, and the chief deputy he
| 17 | | shall file a like bond and be vested with the same powers and | 18 | | subject to
the same responsibilities and entitled to the same | 19 | | compensation as in case
of recorder. Provided, that if the | 20 | | recorder is called into the active
military service of the | 21 | | United States, the his office shall not be deemed to be
vacant | 22 | | during the time the recorder he is in the active military | 23 | | service of the United
States, but during the time the recorder | 24 | | he is in such active military service of the
United States the |
| | | SB2227 | - 7 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | chief deputy recorder shall be the recorder, and shall perform
| 2 | | and discharge all of the duties of the recorder in such county, | 3 | | and shall
be paid the same compensation as provided by law for | 4 | | the recorder of the
county unless compensated at a higher rate | 5 | | than the recorder as chief deputy , apportioned as to the time | 6 | | of service, and such deputy recorder
shall cease to be the | 7 | | recorder upon the discharge of said recorder from the
active | 8 | | military service of the United States; and provided further, | 9 | | that
the chief deputy recorder, upon becoming the temporary | 10 | | recorder during the
absence of the recorder in the active | 11 | | military service of the United
States, shall give bond as | 12 | | required of a regularly elected recorder.
| 13 | | (Source: P.A. 86-962.)
| 14 | | (55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
| 15 | | Sec. 3-5009. Recorder liable for deputies. The recorder | 16 | | shall be
liable for any neglect or omission of the duties of | 17 | | the his office, when
occasioned by a deputy, in the same manner | 18 | | as for the recorder's his own personal neglect
or omission.
| 19 | | (Source: P.A. 86-962.)
| 20 | | (55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)
| 21 | | Sec. 3-5010. Duties of recorder. Every recorder shall, as | 22 | | soon
as practicable after the receipt of any instrument in | 23 | | writing in the his
office, entitled to be recorded, record the | 24 | | same at length in the order of
time of its reception, in well |
| | | SB2227 | - 8 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | bound books or computer databases to be provided for that | 2 | | purpose.
In counties of 500,000 or more inhabitants, the | 3 | | recorder may
microphotograph or otherwise reproduce on film | 4 | | any of such instruments in
the manner provided by law. In | 5 | | counties of less than 500,000 inhabitants,
the recorder may | 6 | | cause to be microphotographed or otherwise reproduced on
film | 7 | | any of such instruments or electronic method of storage. When | 8 | | any such instrument is reproduced on film or electronic method | 9 | | of storage, the film or electronic method of storage shall
| 10 | | comply with the minimum standards of quality approved for | 11 | | records of the State Records Commission and the device used to
| 12 | | reproduce the records on the film or electronic method of | 13 | | storage shall be one which accurately reproduces
the contents | 14 | | of the original.
| 15 | | (Source: P.A. 97-757, eff. 7-6-12.)
| 16 | | (55 ILCS 5/3-5010.5) | 17 | | Sec. 3-5010.5. Fraud referral and review. | 18 | | (a) Legislative findings. The General Assembly finds that | 19 | | property fraud, including fraudulent filings intended to cloud | 20 | | or fraudulently transfer title to property by recording false | 21 | | or altered documents and deeds, is a rapidly growing problem | 22 | | throughout the State. In order to combat the increase in the | 23 | | number of these filings, a recorder may establish a process to | 24 | | review and refer documents suspected to be fraudulent. | 25 | | (b) Definitions. The terms "recording" and "filing" are |
| | | SB2227 | - 9 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | used interchangeably in this Section. | 2 | | (c) Establishment and use of a fraud referral and review | 3 | | process. A recorder who establishes a fraud referral and | 4 | | review process under the provisions of this Section may use it | 5 | | to review deeds and instruments and refer any of them to an | 6 | | administrative law judge for review pursuant to subsection (g) | 7 | | of this Section that cause the recorder to reasonably believe | 8 | | that the filing may be fraudulent, unlawfully altered, or | 9 | | intended to unlawfully cloud or transfer the title of any real | 10 | | property. The recorder may enter into an intergovernmental | 11 | | agreement with local law enforcement officials for the | 12 | | purposes of this referral and review. A recorder may request | 13 | | that the Secretary of the Department of Financial and | 14 | | Professional Regulation assist in reviewing possible | 15 | | fraudulent filings. Upon request, the Secretary, or the | 16 | | Secretary's his or her designee, shall assist in identifying | 17 | | the validity of filings. The recorder shall notify the | 18 | | Secretary when a document suspected to be fraudulent is | 19 | | discovered. | 20 | | In counties with a population of less than 3 million, a | 21 | | recorder shall provide public notice 90 days before the | 22 | | establishment of the fraud referral and review process. The | 23 | | notice shall include a statement of the recorder's intent to | 24 | | create a fraud referral and review process and shall be | 25 | | published in a newspaper of general circulation in the county | 26 | | and, if feasible, posted on the recorder's website and at the |
| | | SB2227 | - 10 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | recorder's office or offices. | 2 | | In determining whether to refer a document to an | 3 | | administrative law judge for review, a recorder may take into | 4 | | consideration any of the following factors: | 5 | | (1) whether the owner of the property or owner's his | 6 | | or her designated representative has reported to the | 7 | | recorder that another individual is attempting or has | 8 | | attempted to record a fraudulent deed or other instrument | 9 | | upon the property; | 10 | | (2) whether a law enforcement official has contacted | 11 | | the recorder indicating that the law enforcement official | 12 | | he or she has probable cause to suspect title or recording | 13 | | fraud; | 14 | | (3) whether the filer's name has a copyright attached | 15 | | to it or the property owner's name has nonstandard | 16 | | punctuation attached to it; | 17 | | (4) whether the documents assert fines that do not | 18 | | exist or have no basis under current law or that require | 19 | | payment in gold or silver; | 20 | | (5) whether the documents are maritime liens, or liens | 21 | | under the Federal Maritime Lien Act or the Preferred Ship | 22 | | Mortgage Act, or not authorized by the United States Coast | 23 | | Guard; | 24 | | (6) whether the documents are land patents not | 25 | | authorized and certified by the United States Department | 26 | | of the Interior Bureau of Land Management; |
| | | SB2227 | - 11 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (7) whether the documents are representing that the | 2 | | subject of the lien is releasing itself from a lien held by | 3 | | another entity, with no apparent cooperation or | 4 | | authorization provided by the lienholder; | 5 | | (8) whether the documents are protesting or disputing | 6 | | a foreclosure proceeding that are not filed within the | 7 | | foreclosure suit and with the court presiding over the | 8 | | matter; | 9 | | (9) whether the documents are Uniform Commercial Code | 10 | | filings referencing birth certificates or other private | 11 | | records that are not in compliance with Section 9-501 of | 12 | | the Uniform Commercial Code; | 13 | | (10) whether the documents are re-recording deeds to | 14 | | re-notarize or attach notary certification if prior | 15 | | notarization already appears unaltered on the document of | 16 | | record; | 17 | | (11) whether the documents are asserting diplomatic | 18 | | credentials or immunity, non-United States citizenship, or | 19 | | independence from the laws of the United States; | 20 | | (12) whether the documents are claims that a bank | 21 | | cannot hold title after a foreclosure; | 22 | | (13) whether the documents are deeds not properly | 23 | | signed by the last legal owner of record or the owner's | 24 | | court-appointed his or her
court appointed representative | 25 | | or attorney-in-fact under a power of attorney; | 26 | | (14) whether the documents are manipulated or altered |
| | | SB2227 | - 12 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | federal or State legal or court forms that release a lien; | 2 | | (15) whether a document is not related to a valid | 3 | | existing or potential adverse transaction, existing lien, | 4 | | or judgment of a court of competent jurisdiction; | 5 | | (16) a document that is not related to a valid | 6 | | existing or potential commercial or financial transaction, | 7 | | existing agricultural or other lien, or judgment of a | 8 | | court of competent jurisdiction; | 9 | | (17) whether the document is filed with the intent to | 10 | | harass or defraud the person identified in the record or | 11 | | any other person; | 12 | | (18) whether the document is filed with the intent to | 13 | | harass or defraud any member of a governmental office, | 14 | | including, but not limited to, the recorder's office, | 15 | | local government offices, the State of Illinois, or the | 16 | | Federal government; and | 17 | | (19) whether the documents are previous court | 18 | | determinations, including a previous determination by a | 19 | | court of competent jurisdiction that a particular document | 20 | | is fraudulent, invalid, or forged. | 21 | | (d) Determinations. If a recorder determines, after review | 22 | | by legal staff and counsel, that a deed or instrument that is | 23 | | recorded in the grantor's index or the grantee's index may be | 24 | | fraudulent, unlawfully altered, or intended to unlawfully | 25 | | cloud or transfer the title of any real property, the recorder | 26 | | he or she shall refer the deed or instrument to an |
| | | SB2227 | - 13 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | administrative law judge for review pursuant to subsection (g) | 2 | | of this Section. The recorder shall record a Notice of | 3 | | Referral in the grantor's index or the grantee's index | 4 | | identifying the document, corresponding document number in | 5 | | question, and the date of referral. The recorder shall also | 6 | | notify the parties set forth in subsection (e) of this | 7 | | Section. The recorder may, at the recorder's his or her | 8 | | discretion, notify law enforcement officials regarding a | 9 | | filing determined to be fraudulent, unlawfully altered, or | 10 | | intended to unlawfully cloud or transfer the title of any real | 11 | | property. | 12 | | (e) Notice. The recorder shall use county property tax | 13 | | records to identify and provide notice to the last owner of | 14 | | record by telephone, if available, and certified mail both | 15 | | when: (1) a deed or instrument has been referred for review and | 16 | | determination; and (2) a final determination has been made | 17 | | regarding the deed or instrument. Notice, by mail, shall also | 18 | | be sent to the physical address of the property associated | 19 | | with the deed or instrument. | 20 | | (f) Administrative decision. The recorder's decision to | 21 | | add a Notice of Referral and refer a document for review is a | 22 | | final administrative decision that is subject to review by the | 23 | | circuit court of the county where the real property is located | 24 | | under the Administrative Review Law. The standard of review by | 25 | | the circuit court shall be de novo. | 26 | | (g) Referral and review process. Prior to referral, the |
| | | SB2227 | - 14 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | recorder shall notify the last owner of record of the document | 2 | | or documents suspected to be fraudulent. The person, entity, | 3 | | or legal representative thereof shall confirm in writing the | 4 | | person's, entity's, or legal representative's his or her | 5 | | belief that a document or documents are suspected to be | 6 | | fraudulent and may request that the recorder refer the case | 7 | | for review. Upon request, the recorder shall bring a case to | 8 | | its county department of administrative hearings and, within | 9 | | 10 business days after receipt, an administrative law judge | 10 | | shall schedule a hearing to occur no later than 30 days after | 11 | | receiving the referral. The referral and case shall clearly | 12 | | identify the person, persons, or entity believed to be the | 13 | | last true owner of record as the petitioner. Notice of the | 14 | | hearing shall be provided by the administrative law judge to | 15 | | the filer, or the party represented by the filer, of the | 16 | | suspected fraudulent document, the legal representative of the | 17 | | recorder of deeds who referred the case, and the last owner of | 18 | | record, as identified in the referral. | 19 | | If clear and convincing evidence shows the document in | 20 | | question to be fraudulent, the administrative law judge shall | 21 | | rule the document to be fraudulent and forward the judgment to | 22 | | all the parties identified in this subsection. Upon receiving | 23 | | notice of the judgment of fraud, the recorder shall, within 5 | 24 | | business days, record a new document that includes a copy of | 25 | | the judgment in front of the Notice of Referral that shall | 26 | | clearly state that the document in question has been found to |
| | | SB2227 | - 15 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | be fraudulent and shall not be considered to affect the chain | 2 | | of title of the property in any way. | 3 | | If the administrative law judge finds the document to be | 4 | | legitimate, the recorder shall, within 5 business days after | 5 | | receiving notice, record a copy of the judgment. | 6 | | A decision by an administrative law judge shall not | 7 | | preclude a State's attorney or sheriff from proceeding with a | 8 | | criminal investigation or criminal charges. If a county does | 9 | | not have an administrative law judge that specializes in | 10 | | public records, one shall be appointed within 3 months after | 11 | | the effective date of this amendatory Act of the 98th General | 12 | | Assembly, or the original case shall be forwarded to the | 13 | | proper circuit court with jurisdiction. | 14 | | Nothing in this Section precludes a private right of | 15 | | action by any party with an interest in the property affected | 16 | | by the review and referral, or the filer of the document or | 17 | | documents suspected to be fraudulent. Nothing in this Section | 18 | | requires a person or entity who may have had a fraudulent | 19 | | document or encumbrance filed against the person's or entity's | 20 | | his or her property to use the fraud review and referral | 21 | | process or administrative review created by this Section. | 22 | | (h) Fees. The recorder shall retain any filing fees | 23 | | associated with filing a deed or instrument that is determined | 24 | | to be fraudulent, unlawfully altered, or intended to | 25 | | unlawfully cloud or transfer the title of any real property | 26 | | under this Section. |
| | | SB2227 | - 16 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (i) Liability. Neither a recorder nor any of the | 2 | | recorder's his or her employees or agents shall be subject to | 3 | | personal liability by reason of any error or omission in the | 4 | | performance of any duty under this Section, except in case of | 5 | | willful or wanton conduct. Neither the recorder nor any of the | 6 | | recorder's his or her employees shall incur liability for the | 7 | | referral or review, or failure to refer or review, a document | 8 | | or instrument under this Section. | 9 | | (j) Applicability. This Section applies only to filings | 10 | | provided to the recorder on and after the effective date of | 11 | | this amendatory Act of the 98th General Assembly. | 12 | | (k) (Blank).
| 13 | | (Source: P.A. 100-276, eff. 8-22-17.) | 14 | | (55 ILCS 5/3-5010.8) | 15 | | (Section scheduled to be repealed on January 1, 2024) | 16 | | Sec. 3-5010.8. Mechanics lien demand and referral pilot | 17 | | program. | 18 | | (a) Legislative findings. The General Assembly finds that | 19 | | expired mechanics liens on residential property, which cloud | 20 | | title to property, are a rapidly growing problem throughout | 21 | | the State. In order to address the increase in expired | 22 | | mechanics liens and, more specifically, those that have not | 23 | | been released by the lienholder, a recorder may establish a | 24 | | process to demand and refer mechanics liens that have been | 25 | | recorded but not litigated or released in accordance with the |
| | | SB2227 | - 17 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | Mechanics Lien Act to an administrative law judge for | 2 | | resolution or demand that the lienholder commence suit or | 3 | | forfeit the lien. | 4 | | (b) Definitions. As used in this Section: | 5 | | "Demand to Commence Suit" means the written demand | 6 | | specified in Section 34 of the Mechanics Lien Act. | 7 | | "Mechanics lien" and "lien" are used interchangeably in | 8 | | this Section. | 9 | | "Notice of Expired Mechanics Lien" means the notice a | 10 | | recorder gives to a property owner under subsection (d) | 11 | | informing the property owner of an expired lien. | 12 | | "Notice of Referral" means the document referring a | 13 | | mechanics lien to a county's code hearing unit. | 14 | | "Recording" and "filing" are used interchangeably in this | 15 | | Section. | 16 | | "Referral" or "refer" means a recorder's referral of a | 17 | | mechanics lien to a county's code hearing unit to obtain a | 18 | | determination as to whether a recorded mechanics lien is | 19 | | valid. | 20 | | "Residential property" means real property improved with | 21 | | not less than one nor more than 4 residential dwelling units; a | 22 | | residential condominium unit, including, but not limited to, | 23 | | the common elements allocated to the exclusive use of the | 24 | | condominium unit that form an integral part of the condominium | 25 | | unit and any parking unit or units specified by the | 26 | | declaration to be allocated to a specific residential |
| | | SB2227 | - 18 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | condominium unit; or a single tract of agriculture real estate | 2 | | consisting of 40 acres or less that is improved with a | 3 | | single-family residence. If a declaration of condominium | 4 | | ownership provides for individually owned and transferable | 5 | | parking units, "residential property" does not include the | 6 | | parking unit of a specified residential condominium unit | 7 | | unless the parking unit is included in the legal description | 8 | | of the property against which the mechanics lien is recorded. | 9 | | (c) Establishment of a mechanics lien demand and referral | 10 | | process. After a public hearing, a recorder in a county with a | 11 | | code hearing unit may adopt rules establishing a mechanics | 12 | | lien demand and referral process for residential property. A | 13 | | recorder shall provide public notice 90 days before the public | 14 | | hearing. The notice shall include a statement of the | 15 | | recorder's intent to create a mechanics lien demand and | 16 | | referral process and shall be published in a newspaper of | 17 | | general circulation in the county and, if feasible, be posted | 18 | | on the recorder's website and at the recorder's office or | 19 | | offices. | 20 | | (d) Notice of Expired Lien. If a recorder determines, | 21 | | after review by legal staff or counsel, that a mechanics lien | 22 | | recorded in the grantor's index or the grantee's index is an | 23 | | expired lien, the recorder shall serve a Notice of Expired | 24 | | Lien by certified mail to the last known address of the owner. | 25 | | The owner or legal representative of the owner of the | 26 | | residential property shall confirm in writing the owner's or |
| | | SB2227 | - 19 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | legal representative's his or her belief that the lien is not | 2 | | involved in pending litigation and, if there is no pending | 3 | | litigation, as verified and confirmed by county court records, | 4 | | the owner may request that the recorder proceed with a | 5 | | referral or serve a Demand to Commence Suit. | 6 | | For the purposes of this Section, a recorder shall | 7 | | determine if a lien is an expired lien. A lien is expired if a | 8 | | suit to enforce the lien has not been commenced or a | 9 | | counterclaim has not been filed by the lienholder within 2 | 10 | | years after the completion date of the contract as specified | 11 | | in the recorded mechanics lien. The 2-year period shall be | 12 | | increased to the extent that an automatic stay under Section | 13 | | 362(a) of the United States Bankruptcy Code stays a suit or | 14 | | counterclaim to foreclose the lien. If a work completion date | 15 | | is not specified in the recorded lien, then the work | 16 | | completion date is the date of recording of the mechanics | 17 | | lien. | 18 | | (e) Demand to Commence Suit. Upon receipt of an owner's | 19 | | confirmation that the lien is not involved in pending | 20 | | litigation and a request for the recorder to serve a Demand to | 21 | | Commence Suit, the recorder shall serve a Demand to Commence | 22 | | Suit on the lienholder of the expired lien as provided in | 23 | | Section 34 of the Mechanics Lien Act. A recorder may request | 24 | | that the Secretary of State assist in providing registered | 25 | | agent information or obtain information from the Secretary of | 26 | | State's registered business database when the recorder seeks |
| | | SB2227 | - 20 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | to serve a Demand to Commence suit on the lienholder. Upon | 2 | | request, the Secretary of State, or the Secretary of State's | 3 | | his or her designee, shall provide the last known address or | 4 | | registered agent information for a lienholder who is | 5 | | incorporated or doing business in the State. The recorder must | 6 | | record a copy of the Demand to Commence suit in the grantor's | 7 | | index or the grantee's index identifying the mechanics lien | 8 | | and include the corresponding document number and the date of | 9 | | demand. The recorder may, at the recorder's his or her | 10 | | discretion, notify the Secretary of State regarding a Demand | 11 | | to Commence suit determined to involve a company, corporation, | 12 | | or business registered with that office. | 13 | | When the lienholder commences a suit or files an answer | 14 | | within 30 days or the lienholder records a release of lien with | 15 | | the county recorder as required by subsection (a) of Section | 16 | | 34 of the Mechanics Lien Act, then the demand and referral | 17 | | process is completed for the recorder for that property. If | 18 | | service under this Section is responded to consistent with | 19 | | Section 34 of the Mechanics Lien Act, the recorder may not | 20 | | proceed under subsection (f). If no response is received | 21 | | consistent with Section 34 of the Mechanics Lien Act, the | 22 | | recorder may proceed under subsection (f). | 23 | | (f) Referral. Upon receipt of an owner's confirmation that | 24 | | the lien is not involved in pending litigation and a request | 25 | | for the recorder to proceed with a referral, the recorder | 26 | | shall: (i) file the Notice of Referral with the county's code |
| | | SB2227 | - 21 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | hearing unit; (ii) identify and notify the lienholder by | 2 | | telephone, if available, of the referral and send a copy of the | 3 | | Notice of Referral by certified mail to the lienholder using | 4 | | information included in the recorded mechanics lien or the | 5 | | last known address or registered agent received from the | 6 | | Secretary of State or obtained from the Secretary of State's | 7 | | registered business database; (iii) send a copy of the Notice | 8 | | of Referral by mail to the physical address of the property | 9 | | owner associated with the lien; and (iv) record a copy of the | 10 | | Notice of Referral in the grantor's index or the grantee's | 11 | | index identifying the mechanics lien and include the | 12 | | corresponding document number. The Notice of Referral shall | 13 | | clearly identify the person, persons, or entity believed to be | 14 | | the owner, assignee, successor, or beneficiary of the lien. | 15 | | The recorder may, at the recorder's his or her discretion, | 16 | | notify the Secretary of State regarding a referral determined | 17 | | to involve a company, corporation, or business registered with | 18 | | that office. | 19 | | No earlier than 30 business days after the date the | 20 | | lienholder is required to respond to a Demand to Commence Suit | 21 | | under Section 34 of the Mechanics Lien Act, the code hearing | 22 | | unit shall schedule a hearing to occur at least 30 days after | 23 | | sending notice of the date of hearing. Notice of the hearing | 24 | | shall be provided by the county recorder, by and through the | 25 | | recorder's his or her representative, to the filer, or the | 26 | | party represented by the filer, of the expired lien, the legal |
| | | SB2227 | - 22 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | representative of the recorder of deeds who referred the case, | 2 | | and the last owner of record, as identified in the Notice of | 3 | | Referral. | 4 | | If the recorder shows by clear and convincing evidence | 5 | | that the lien in question is an expired lien, the | 6 | | administrative law judge shall rule the lien is forfeited | 7 | | under Section 34.5 of the Mechanics Lien Act and that the lien | 8 | | no longer affects the chain of title of the property in any | 9 | | way. The judgment shall be forwarded to all parties identified | 10 | | in this subsection. Upon receiving judgment of a forfeited | 11 | | lien, the recorder shall, within 5 business days, record a | 12 | | copy of the judgment in the grantor's index or the grantee's | 13 | | index. | 14 | | If the administrative law judge finds the lien is not | 15 | | expired, the recorder shall, no later than 5 business days | 16 | | after receiving notice of the decision of the administrative | 17 | | law judge, record a copy of the judgment in the grantor's index | 18 | | or the grantee's index. | 19 | | A decision by an administrative law judge is reviewable | 20 | | under the Administrative Review Law, and nothing in this | 21 | | Section precludes a property owner or lienholder from | 22 | | proceeding with a civil action to resolve questions concerning | 23 | | a mechanics lien. | 24 | | A lienholder or property owner may remove the action from | 25 | | the code hearing unit to the circuit court as provided in | 26 | | subsection (i). |
| | | SB2227 | - 23 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (g) Final administrative decision. The recorder's decision | 2 | | to refer a mechanics lien or serve a Demand to Commence Suit is | 3 | | a final administrative decision that is subject to review | 4 | | under the Administrative Review Law by the circuit court of | 5 | | the county where the real property is located. The standard of | 6 | | review by the circuit court shall be consistent with the | 7 | | Administrative Review Law. | 8 | | (h) Liability. A recorder and the recorder's his or her | 9 | | employees or agents are not subject to personal liability by | 10 | | reason of any error or omission in the performance of any duty | 11 | | under this Section, except in the case of willful or wanton | 12 | | conduct. The recorder and the recorder's his or her employees | 13 | | or agents are not liable for the decision to refer a lien or | 14 | | serve a Demand to Commence Suit, or failure to refer or serve a | 15 | | Demand to Commence Suit, of a lien under this Section. | 16 | | (i) Private actions; use of demand and referral process. | 17 | | Nothing in this Section precludes a private right of action by | 18 | | any party with an interest in the property affected by the | 19 | | mechanics lien or a decision by the code hearing unit. Nothing | 20 | | in this Section requires a person or entity who may have a | 21 | | mechanics lien recorded against the person's or entity's his | 22 | | or her property to use the mechanics lien demand and referral | 23 | | process created by this Section. | 24 | | A lienholder or property owner may remove a matter in the | 25 | | referral process to the circuit court at any time prior to the | 26 | | final decision of the administrative law judge by delivering a |
| | | SB2227 | - 24 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | certified notice of the suit filed in the circuit court to the | 2 | | administrative law judge. Upon receipt of the certified | 3 | | notice, the administrative law judge shall dismiss the matter | 4 | | without prejudice. If the matter is dismissed due to removal, | 5 | | then the demand and referral process is completed for the | 6 | | recorder for that property. If the circuit court dismisses the | 7 | | removed matter without deciding on whether the lien is expired | 8 | | and without prejudice, the recorder may reinstitute the demand | 9 | | and referral process under subsection (d). | 10 | | (j) (Blank). Repeal. This Section is repealed on January | 11 | | 1, 2024.
| 12 | | (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
| 13 | | (55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
| 14 | | Sec. 3-5011. Office to remain open during bank holiday. | 15 | | Whenever an emergency exists which involves the banking or | 16 | | credit
structure within the State of Illinois, and which is | 17 | | recognized by a
proclamation by the Governor or by an act or | 18 | | resolution of the General
Assembly, and by such proclamation | 19 | | of the Governor a public holiday has
been or shall be declared, | 20 | | the proclamation of such public holiday shall
not require the | 21 | | recorder or registrar of titles in any county in
this State to | 22 | | close the recorder's or registrar's his office, but every such | 23 | | recorder or
registrar of titles shall continue to keep the | 24 | | recorder's or registrar's his office open and to operate
in | 25 | | the same manner as though no such public holiday had been |
| | | SB2227 | - 25 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | declared,
unless in and by such proclamation the Governor of | 2 | | this State shall make
specific reference to the closing of | 3 | | recorders' or registrars' offices in
this State. The actions | 4 | | of any recorder or registrar of titles
performed prior to May | 5 | | 26, 1933 and during the continuance of any such
holiday, are | 6 | | validated.
| 7 | | (Source: P.A. 86-962.)
| 8 | | (55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
| 9 | | Sec. 3-5012. Recording and indexing books. Separate books | 10 | | and computer databases may be
kept for the recording and | 11 | | indexing of different classes of instruments.
Three distinct | 12 | | series of document numbers may be used for recording
documents | 13 | | received for recordation, one series of numbers to be preceded | 14 | | by
the letter "b" in each case, which series shall be used only | 15 | | for bills of
sale of personal property, chattel mortgages and | 16 | | releases, extensions and
assignments, thereof, one series of | 17 | | numbers to be preceded by the letter
"c" in each case, which | 18 | | series shall be used only for certificates of
discharge of | 19 | | discharged members of the military, aviation and naval forces
| 20 | | of the United States, and the other series of document numbers | 21 | | shall be
used for all other instruments received for | 22 | | recordation. When three series
of document numbers are thus | 23 | | used, a separate place may be provided in the
Recorder's | 24 | | office for the receipt of each kind of documents to which such
| 25 | | serial numbers apply.
|
| | | SB2227 | - 26 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (Source: P.A. 86-962.)
| 2 | | (55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
| 3 | | Sec. 3-5013. Transcription or reproduction of written | 4 | | instruments. The recorder, when recording at length | 5 | | instruments in writing in the his or her
office, may | 6 | | transcribe the instruments in handwriting or typewriting, make
| 7 | | photographic or photostatic reproductions of the instruments, | 8 | | or transcribe
the instruments partly in handwriting or | 9 | | typewriting and make photographic
or photostatic reproductions | 10 | | of the remaining portions of the instruments.
Every document, | 11 | | however, shall be filed in a complete and intelligible
manner. | 12 | | The recorder may not accept facsimile or other photographic or
| 13 | | photostatic copies of the signatures of parties executing | 14 | | documents without
labeling those signatures as copies unless | 15 | | they are digital signatures offered in compliance with federal | 16 | | or State law . When photographic or photostatic
reproductions | 17 | | are used, the recorder shall first be satisfied that the
| 18 | | reproductions are as lasting and durable as handwritten or | 19 | | typewritten
copies. The reproductions may shall be upon sheets | 20 | | bound together in well bound
books or placed in books that are | 21 | | permanently locked so that the sheets
cannot be tampered with | 22 | | or removed. When instruments are reproduced by
| 23 | | microphotography , digital scanning, or otherwise reproduced on | 24 | | film as provided in this
Section the reproduction thus made | 25 | | shall be deemed the record for
all purposes.
|
| | | SB2227 | - 27 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (Source: P.A. 86-962; 87-376.)
| 2 | | (55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014)
| 3 | | Sec. 3-5014. Mortgages or liens filed but not recorded. | 4 | | Upon
receipt of any mortgage, trust deed or conveyance of | 5 | | personal property
having the effect of a mortgage or lien upon | 6 | | such property, upon which is
indorsed the words, "this | 7 | | instrument to be filed, but not recorded" or
words of a similar | 8 | | import, signed by the mortgagee, the mortgagee's his agent or | 9 | | attorney,
and upon payment of a fee equal to what would be | 10 | | charged if the document were to be recorded, the recorder | 11 | | shall mark the instrument "filed", endorse the time (including
| 12 | | the hour of the day) of the receipt thereof and file the same | 13 | | in the his office.
| 14 | | Each instrument filed as above shall be numbered and | 15 | | indexed by the
recorder Recorder in the book wherein the | 16 | | recorder he alphabetically indexes chattel mortgages
and shall | 17 | | refer to the number appearing on the filed instrument.
| 18 | | The recorder may destroy any instrument filed but not | 19 | | recorded in the
manner hereinabove provided, one year after | 20 | | the maturity thereof as stated
therein; except, no such | 21 | | instrument may be destroyed until one year after
the maturity | 22 | | of the last extension thereof filed in the recorder's office.
| 23 | | (Source: P.A. 86-962.)
| 24 | | (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
|
| | | SB2227 | - 28 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | Sec. 3-5015. Certificates of discharge or release from | 2 | | active duty. Certificates of discharge or MEMBER-4 copy of | 3 | | certificate of release or
discharge from active duty of | 4 | | honorably discharged or separated members of
the military, | 5 | | aviation and naval forces of the United States shall be
| 6 | | recorded by each recorder, free of charge, in a separate book | 7 | | or computer database which shall
be kept for the purpose. The | 8 | | recorder in counties of over 500,000
population shall as soon | 9 | | as practicable after the recording of the original
discharge | 10 | | certificate or MEMBER-4 copy of certificate of release or
| 11 | | discharge from active duty, deliver to each of the persons | 12 | | named in the
discharge certificate or MEMBER-4 copy of | 13 | | certificate of release or
discharge from active duty, or the | 14 | | person's his agent, one certified copy of the person's his | 15 | | discharge
certificate or MEMBER-4 copy of certificate of | 16 | | release or discharge from
active duty without charge. | 17 | | Additional certified copies shall be furnished
by the recorder | 18 | | upon the payment to the recorder of a fee
of $1.25, payable in | 19 | | advance, for each such additional certified copy. The recorder | 20 | | may waive the fee for additional copies if the recorder deems | 21 | | collecting the fee to be a burden to the county, but only if | 22 | | the fee is waived for all requesting copies under this | 23 | | Section.
| 24 | | Upon the delivery of the certificate of discharge or | 25 | | MEMBER-4 copy of
certificate of release or discharge from | 26 | | active duty after the recordation
thereof is completed, and |
| | | SB2227 | - 29 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | the delivery of one certified copy thereof to the
person named | 2 | | in the discharge certificate or MEMBER-4 copy of certificate
| 3 | | of release or discharge from active duty or the person's his | 4 | | agent, the receipt
theretofore issued by the recorder, or a | 5 | | copy thereof shall be
surrendered to the recorder, with a | 6 | | signed statement acknowledging
the receipt of the discharge | 7 | | certificate or MEMBER-4 copy of certificate
of release or | 8 | | discharge from active duty and the certified copy thereof.
| 9 | | Certified copies of the certificates of discharge or | 10 | | MEMBER-4 copy of
certificate of release or discharge from | 11 | | active duty furnished by the
recorder may vary from the size of | 12 | | the original, if in the
judgment of the recorder, such | 13 | | certified copies are complete and
legible.
| 14 | | A military discharge form (DD-214) or any other | 15 | | certificate of discharge or
release from active duty document | 16 | | that was issued by the United States
government or any state | 17 | | government in reference to those who served with an
active or | 18 | | inactive military reserve unit or National Guard force and | 19 | | that was
recorded by a County Clerk or Recorder of Deeds is not | 20 | | subject to public
inspection, enjoying all the protection | 21 | | covered by the federal Privacy Act of
1974 or any other
privacy | 22 | | law. These documents shall be accessible only to the person | 23 | | named in
the document, the named person's dependents, the | 24 | | county veterans' service
officer, representatives of the | 25 | | Department of Veterans' Affairs, or any person
with
written | 26 | | authorization from the named person or the named person's |
| | | SB2227 | - 30 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | dependents. Notwithstanding any other provision in this | 2 | | paragraph, these documents shall be made available for public | 3 | | inspection and copying in accordance with the archival | 4 | | schedule adopted by the National Archives and Records | 5 | | Administration and subject to redaction of information that is | 6 | | considered private under the Illinois Freedom of Information | 7 | | Act, the federal Freedom of Information Act, and the federal | 8 | | Privacy Act.
| 9 | | (Source: P.A. 101-402, eff. 8-16-19.)
| 10 | | (55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
| 11 | | Sec. 3-5016. Quarters; office hours. Every recorder | 12 | | Recorder shall keep the recorder's his
office at the | 13 | | courthouse of the county for which the recorder was elected he | 14 | | is recorder, or in
counties of the second or third class in | 15 | | some other suitable building
provided at the county seat by | 16 | | the county for which the person was elected he is recorder and
| 17 | | shall keep the his office open except as hereinafter provided | 18 | | and attend to the
duties thereof in counties of the first and | 19 | | second classes from 8 o'clock
A.M. to 5 o'clock P.M. of each | 20 | | working day, except Saturday and Sunday , and in
counties of | 21 | | the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
| 22 | | working day, except Saturday and Sunday. The , and except in | 23 | | each county of all classes such
days as under any law are or | 24 | | may be legal holidays in any part of the
county, as regards the | 25 | | presenting for payment, acceptance, maturity,
protesting, or |
| | | SB2227 | - 31 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | giving notice of the dishonor of bills of exchange, bank
| 2 | | checks, promissory notes, or other negotiable or commercial | 3 | | paper or
instruments: Provided, however, that the hours of | 4 | | opening and closing of
the office of the recorder Recorder may | 5 | | be changed and otherwise fixed and
determined by the county | 6 | | board of any county. Any such action taken by the
county board | 7 | | shall be by an appropriate resolution passed at a regular
| 8 | | meeting. The office of the recorder shall accept instruments | 9 | | for
recordation at all times during which the office is open.
| 10 | | (Source: P.A. 86-962.)
| 11 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 12 | | Sec. 3-5018. Traditional fee schedule. Except as
provided | 13 | | for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder | 14 | | elected as provided for in this
Division shall receive such | 15 | | fees as are or may be provided for him or her by law,
in case | 16 | | of provision therefor: otherwise the recorder he or she shall | 17 | | receive the same fees as
are or may be provided in this | 18 | | Section, except when increased by county
ordinance or | 19 | | resolution pursuant to the provisions of this Section, to be | 20 | | paid to the
county clerk for the county clerk's his or her | 21 | | services in the office of recorder for like services. | 22 | | For recording deeds or other instruments, $12 for the | 23 | | first 4 pages
thereof, plus $1 for each additional page | 24 | | thereof, plus $1 for each
additional document number therein | 25 | | noted. The aggregate minimum fee
for recording any one |
| | | SB2227 | - 32 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | instrument shall not be less than $12. | 2 | | For recording deeds or other instruments wherein the | 3 | | premises
affected thereby are referred to by document number | 4 | | and not by legal
description, a fee of $1 in addition to that | 5 | | hereinabove referred to for
each document number therein | 6 | | noted. | 7 | | For recording assignments of mortgages, leases or liens, | 8 | | $12 for the
first 4 pages thereof, plus $1 for each additional | 9 | | page thereof. However,
except for leases and liens pertaining | 10 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 11 | | lien assignment assigns more than one
mortgage, lease or lien | 12 | | document, a $7 fee shall be charged for the recording
of each | 13 | | such mortgage, lease or lien document after the first one. | 14 | | For recording any document that affects an interest in | 15 | | real property other than documents which solely affect or | 16 | | relate to an easement for water, sewer, electricity, gas, | 17 | | telephone or other public service, the recorder shall charge a | 18 | | fee of $1 per document to all filers of documents not filed by | 19 | | any State agency, any unit of local government, or any school | 20 | | district. Fifty cents of the $1 fee hereby established shall | 21 | | be deposited into the County General Revenue Fund. The | 22 | | remaining $0.50 shall be deposited into the Recorder's | 23 | | Automation Fund and may not be appropriated or expended for | 24 | | any other purpose. The additional amounts available to the | 25 | | recorder for expenditure from the Recorder's Automation Fund | 26 | | shall not offset or reduce any other county appropriations or |
| | | SB2227 | - 33 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | funding for the office of the recorder. | 2 | | For recording maps or plats of additions or subdivisions | 3 | | approved by the
county or municipality (including the | 4 | | spreading of the same of record in
map case or other proper | 5 | | books) or plats of condominiums, $50 for the first
page, plus | 6 | | $1 for each additional page thereof except that in the case of
| 7 | | recording a single page, legal size 8 1/2 x 14, plat of survey | 8 | | in which
there are no more than two lots or parcels of land, | 9 | | the fee shall be $12.
In each county where such maps or plats | 10 | | are to be recorded, the recorder
may require the same to be | 11 | | accompanied by such number of exact, true and
legible copies | 12 | | thereof as the recorder deems necessary for the efficient
| 13 | | conduct and operation of the his or her office. | 14 | | For non-certified copies of records, an amount not to | 15 | | exceed one-half of the amount provided in this Section for | 16 | | certified copies, according to a standard scale of fees, | 17 | | established by county ordinance or resolution and made public. | 18 | | The provisions of this paragraph shall not be applicable to | 19 | | any person or entity who obtains non-certified copies of | 20 | | records in the following manner: (i) in bulk for all documents | 21 | | recorded on any given day in an electronic or paper format for | 22 | | a negotiated amount less than the amount provided for in this | 23 | | paragraph for non-certified copies, (ii) under a contractual | 24 | | relationship with the recorder for a negotiated amount less | 25 | | than the amount provided for in this paragraph for | 26 | | non-certified copies, or (iii) by means of Internet access |
| | | SB2227 | - 34 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | pursuant to Section 5-1106.1. | 2 | | For certified copies of records, the same fees as for | 3 | | recording, but
in no case shall the fee for a certified copy of | 4 | | a map or plat of an
addition, subdivision or otherwise exceed | 5 | | $10. | 6 | | Each certificate of such recorder of the recording of the | 7 | | deed or
other writing and of the date of recording the same | 8 | | signed by such
recorder, shall be sufficient evidence of the | 9 | | recording thereof, and
such certificate including the indexing | 10 | | of record, shall be furnished
upon the payment of the fee for | 11 | | recording the instrument, and no
additional fee shall be | 12 | | allowed for the certificate or indexing. A physical or | 13 | | electronic image of the recorder's stamp satisfies the | 14 | | signature requirement for recorded instruments prior to, on, | 15 | | and after the effective date of this amendatory Act of the | 16 | | 102nd General Assembly. | 17 | | The recorder shall charge an additional fee, in an amount | 18 | | equal to the
fee otherwise provided by law, for recording a | 19 | | document (other than a
document filed under the Plat Act or the | 20 | | Uniform Commercial Code) that does
not conform to the | 21 | | following standards: | 22 | | (1) The document shall consist of one or more | 23 | | individual sheets measuring
8.5 inches by 11 inches, not | 24 | | permanently bound and not a continuous form.
Graphic | 25 | | displays accompanying a document to be recorded that | 26 | | measure up to 11
inches by 17 inches shall be recorded |
| | | SB2227 | - 35 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | without charging an additional fee. | 2 | | (2) The document shall be legibly printed in black | 3 | | ink, by hand, type,
or computer. Signatures and dates may | 4 | | be in contrasting colors if they will
reproduce clearly. | 5 | | (3) The document shall be on white paper of not less | 6 | | than 20-pound
weight and shall have a clean margin of at | 7 | | least one-half inch on the top, the
bottom, and each side. | 8 | | Margins may be used for non-essential notations that
will | 9 | | not affect the validity of the document, including but not | 10 | | limited to
form numbers, page numbers, and customer | 11 | | notations. | 12 | | (4) The first page of the document shall contain a | 13 | | blank space, measuring
at least 3 inches by 5 inches, from | 14 | | the upper right corner. | 15 | | (5) The document shall not have any attachment stapled | 16 | | or otherwise
affixed to any page. | 17 | | A document that does not conform to these standards shall
not | 18 | | be recorded except upon payment of the additional fee required | 19 | | under
this paragraph. This paragraph, as amended by this | 20 | | amendatory Act of 1995,
applies only to documents dated after | 21 | | the effective date of this amendatory
Act of 1995. | 22 | | The county board of any county may provide for an | 23 | | additional charge of $3
for filing every instrument, paper, or | 24 | | notice for record, (1)
in order to
defray the cost of | 25 | | converting the county recorder's document storage system
to | 26 | | computers or micrographics
and (2) in order to defray the cost |
| | | SB2227 | - 36 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | of providing access to records through
the global
information | 2 | | system known as the Internet. | 3 | | A special fund shall be set up by the treasurer of the | 4 | | county and such
funds collected pursuant to Public Act 83-1321 | 5 | | shall be used (1)
for
a document storage system to provide the | 6 | | equipment, materials and necessary
expenses incurred to help | 7 | | defray the costs of implementing and maintaining
such a | 8 | | document records system
and (2) for a system to provide | 9 | | electronic access to
those records. | 10 | | The county board of any county that provides and maintains | 11 | | a countywide map
through a Geographic Information System (GIS) | 12 | | may provide for an additional
charge of $3 for filing every | 13 | | instrument, paper, or notice for record (1)
in order
to defray | 14 | | the cost of implementing or maintaining the county's | 15 | | Geographic
Information System
and (2) in order to defray the | 16 | | cost of providing electronic or automated access to the
| 17 | | county's
Geographic
Information System or property records.
Of | 18 | | that amount, $2 must be deposited into a special fund
set up by | 19 | | the treasurer of the county, and any moneys collected pursuant | 20 | | to
this amendatory Act of the 91st General Assembly and | 21 | | deposited into that fund
must be used solely for the | 22 | | equipment, materials, and necessary expenses
incurred in | 23 | | implementing and maintaining a Geographic Information System | 24 | | and
in order to defray the cost of providing electronic access | 25 | | to the county's
Geographic Information System records.
The | 26 | | remaining $1 must be deposited into the recorder's special |
| | | SB2227 | - 37 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | funds created
under Section 3-5005.4. The recorder may, in the | 2 | | recorder's his or her discretion, use moneys
in the funds | 3 | | created under Section 3-5005.4 to defray the cost of | 4 | | implementing
or maintaining the county's Geographic | 5 | | Information System
and to defray the cost of providing | 6 | | electronic access to the county's
Geographic
Information | 7 | | System records. | 8 | | The recorder shall collect a $9 Rental Housing Support | 9 | | Program State
surcharge for the recordation of any real | 10 | | estate-related document. Payment of the
Rental Housing Support | 11 | | Program State surcharge shall be evidenced by a receipt
that | 12 | | shall be marked upon or otherwise affixed to the real | 13 | | estate-related document
by the recorder. The form of this | 14 | | receipt shall be prescribed by the Department
of Revenue and | 15 | | the receipts shall be issued by the Department of Revenue to
| 16 | | each county recorder. | 17 | | The recorder shall not collect the Rental Housing Support | 18 | | Program State surcharge from any State agency, any unit of | 19 | | local government or any school district. | 20 | | On the 15th day of each month, each county recorder shall | 21 | | report
to the Department of Revenue, on a form prescribed by | 22 | | the Department,
the number of real estate-related documents | 23 | | recorded for which
the Rental Housing Support Program
State | 24 | | surcharge was collected. Each recorder shall submit $9 of each | 25 | | surcharge collected in the
preceding month to the Department | 26 | | of Revenue and the Department
shall deposit these amounts in |
| | | SB2227 | - 38 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | the Rental Housing Support Program Fund. Subject to | 2 | | appropriation, amounts in the Fund may be expended only for | 3 | | the purpose of funding and administering the Rental Housing | 4 | | Support Program. | 5 | | For purposes of this Section, "real estate-related | 6 | | document" means that term as it is defined in Section 7 of the | 7 | | Rental Housing Support Program Act.
| 8 | | The foregoing fees allowed by this Section are the maximum | 9 | | fees that
may be collected from any officer, agency, | 10 | | department or other
instrumentality of the State. The county | 11 | | board may, however, by ordinance or resolution,
increase the | 12 | | fees allowed by this Section and collect such increased fees
| 13 | | from all persons and entities other than officers, agencies, | 14 | | departments
and other instrumentalities of the State if the | 15 | | increase is justified by an
acceptable cost study showing that | 16 | | the fees allowed by this Section are not
sufficient to cover | 17 | | the cost of providing the service.
Regardless of any other | 18 | | provision in this Section, the maximum fee that may
be | 19 | | collected from the Department of Revenue for filing or | 20 | | indexing a
lien, certificate of lien release or subordination, | 21 | | or any other type of notice
or other documentation affecting | 22 | | or concerning a lien is $5. Regardless of
any other provision | 23 | | in this Section, the maximum fee that may be collected from
the | 24 | | Department of Revenue for indexing each additional name in | 25 | | excess
of one for any lien, certificate of lien release or | 26 | | subordination, or any other
type of notice or other |
| | | SB2227 | - 39 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | documentation affecting or concerning a lien is $1. | 2 | | A statement of the costs of providing each service, | 3 | | program and activity
shall be prepared by the county board. | 4 | | All supporting documents shall be
public record and subject to | 5 | | public examination and audit. All direct and
indirect costs, | 6 | | as defined in the United States Office of Management and
| 7 | | Budget Circular A-87, may be included in the determination of | 8 | | the costs of
each service, program and activity. | 9 | | (Source: P.A. 102-838, eff. 5-13-22.) | 10 | | (55 ILCS 5/3-5018.1) | 11 | | Sec. 3-5018.1. Predictable fee schedule. | 12 | | (a) As used in this Section: | 13 | | "Nonstandard document" means: | 14 | | (1) a document that creates a division of a then | 15 | | active existing tax parcel identification number; | 16 | | (2) a document recorded pursuant to the Uniform | 17 | | Commercial Code; | 18 | | (3) a document which is non-conforming, as described | 19 | | in paragraphs (1) through (5) of Section 3-5018; | 20 | | (4) a State lien or a federal lien; | 21 | | (5) a document making specific reference to more than | 22 | | 5 tax parcel identification numbers in the county in which | 23 | | it is presented for recording; or | 24 | | (6) a document making specific reference to more than | 25 | | 5 other document numbers recorded in the county in which |
| | | SB2227 | - 40 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | it is presented for recording. | 2 | | "Standard document" means any document other than a | 3 | | nonstandard document. | 4 | | (b) On or before January 1, 2019, a county shall adopt and | 5 | | implement, by ordinance or resolution, a predictable fee | 6 | | schedule that eliminates surcharges or fees based on the | 7 | | individual attributes of a standard document to be recorded. | 8 | | The initial predictable fee schedule approved by a county | 9 | | board shall be set only as allowed under subsections (c) and | 10 | | (d) and any subsequent predictable fee schedule approved by a | 11 | | county board shall be set only as allowed under subsection | 12 | | (e). Except as to the recording of standard documents, the | 13 | | fees imposed by Section 3-5018 shall remain in effect. Under a | 14 | | predictable fee schedule, no charge shall be based on: page | 15 | | count; number, length, or type of legal descriptions; number | 16 | | of tax identification or other parcel identifying code | 17 | | numbers; number of common addresses; number of references | 18 | | contained as to other recorded documents or document numbers; | 19 | | or any other individual attribute of the document except as | 20 | | expressly provided in this Section. The fee charged under this | 21 | | Section shall be inclusive of all county and State fees that | 22 | | the county may elect or is required to impose or adjust, | 23 | | including, but not limited to, GIS fees, automation fees, | 24 | | document storage fees, and the Rental Housing Support Program | 25 | | State surcharge. | 26 | | A predictable fee schedule ordinance or resolution adopted |
| | | SB2227 | - 41 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | under this Section shall list standard document fees, | 2 | | including document class flat fees as required by subsection | 3 | | (c), and non-standard document fees. | 4 | | Before approval of an ordinance or resolution under this | 5 | | Section, the recorder or county clerk shall post a notice in | 6 | | the recorder's or county clerk's their office at least 2 weeks | 7 | | prior, but not more than 4 weeks prior, to the public meeting | 8 | | at which the ordinance or resolution may be adopted. The | 9 | | notice shall contain the proposed ordinance or resolution | 10 | | number, if any, the proposed document class flat fees for each | 11 | | classification, and a reference to this Section or this | 12 | | amendatory Act of the 100th General Assembly. | 13 | | A predictable fee schedule takes effect 60 days after an | 14 | | ordinance or resolution is adopted. | 15 | | (c) Pursuant to an ordinance or resolution adopted under | 16 | | subsection (b), the recorder elected as provided for in this | 17 | | Division shall receive such fees as are or may be provided for | 18 | | him or her by law, in case of provision thereof: otherwise the | 19 | | recorder he or she shall receive the same fees as are or may be | 20 | | provided in this Section except when increased by county | 21 | | ordinance or resolution pursuant to the provisions of this | 22 | | Section, to be paid to the county clerk for the county clerk's | 23 | | his or her services in the office of recorder for like | 24 | | services. For the purposes of the fee charged, the ordinance | 25 | | or resolution shall divide standard documents into the | 26 | | following classifications and shall establish a single, all |
| | | SB2227 | - 42 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | inclusive, county and State-imposed aggregate fee charged for | 2 | | each such classification of document at the time of recording | 3 | | for that document, which is called the document class flat | 4 | | fee. A standard document is not subject to more than one | 5 | | classification at the time of recording for the purposes of | 6 | | imposing any fee. Each standard document shall fall within one | 7 | | of the following document class flat fee classifications and | 8 | | fees for each document class shall be charged only as allowed | 9 | | by this subsection (c) and subsection (d): | 10 | | (1) Deeds. The aggregate fee for recording deeds shall | 11 | | not be less than $21 (being a minimum $12 county fee plus | 12 | | $9 for the Rental Housing Support Program State | 13 | | surcharge). Inclusion of language in the deed as to any | 14 | | restriction; covenant; lien; oil, gas, or other mineral | 15 | | interest; easement; lease; or a mortgage shall not alter | 16 | | the classification of a document as a deed. | 17 | | (2) Leases, lease amendments, and similar transfer of | 18 | | interest documents. The aggregate fee for recording | 19 | | leases, lease amendments, and similar transfers of | 20 | | interest documents shall not be less than $21 (being a | 21 | | minimum $12 county fee plus $9 for the Rental Housing | 22 | | Support Program State surcharge). | 23 | | (3) Mortgages. The aggregate fee for recording | 24 | | mortgages, including assignments, extensions, amendments, | 25 | | subordinations, and mortgage releases shall not be less | 26 | | than $21 (being a minimum $12 county fee plus $9 for the |
| | | SB2227 | - 43 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | Rental Housing Support Program State surcharge). | 2 | | (4) Easements not otherwise part of another | 3 | | classification. The aggregate fee for recording easements | 4 | | not otherwise part of another classification, including | 5 | | assignments, extensions, amendments, and easement releases | 6 | | not filed by a State agency, unit of local government, or | 7 | | school district shall not be less than $21 (being a | 8 | | minimum $12 county fee plus $9 for the Rental Housing | 9 | | Support Program State surcharge). | 10 | | (5) Miscellaneous. The aggregate fee for recording | 11 | | documents not otherwise falling within classifications set | 12 | | forth in paragraphs (1) through (4) and are not | 13 | | nonstandard documents shall not be less than $21 (being a | 14 | | minimum $12 county fee plus $9 for the Rental Housing | 15 | | Support Program State surcharge).
Nothing in this | 16 | | subsection shall preclude an alternate predictable fee | 17 | | schedule for electronic recording within each of the | 18 | | classifications set forth in this subsection (c). If the | 19 | | Rental Housing Support Program State surcharge is amended | 20 | | and the surcharge is increased or lowered, the aggregate | 21 | | amount of the document flat fee attributable to the | 22 | | surcharge in the document may be changed accordingly. | 23 | | (d) If an ordinance or resolution establishing a | 24 | | predictable fee schedule is adopted pursuant to subsection (b) | 25 | | and any document class flat fee exceeds $21,
the county board | 26 | | shall: |
| | | SB2227 | - 44 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (1) obtain from the clerk or recorder an analysis of | 2 | | the average fees collected for the recording of each of | 3 | | the classifications under subsection (c) based on the 3 | 4 | | previous years of recording data, and, if a cost study has | 5 | | not been performed, set respective document class flat | 6 | | fees for each of the 5 document classifications at the | 7 | | average for that class rounded upward to the next whole | 8 | | dollar amount; or | 9 | | (2) if a cost study has been completed within the last | 10 | | 3 years that shows $21 is not sufficient to cover the costs | 11 | | of providing the services related to each document class, | 12 | | obtain from the clerk or recorder an analysis of the | 13 | | average fees collected for the recording of each of the | 14 | | document classifications under subsection (c) from the | 15 | | date of the cost study and set respective document class | 16 | | flat fees for each of the 5 document classifications at | 17 | | the average for that document class rounded upward to the | 18 | | next whole dollar amount. | 19 | | (e) After a document class flat fee is approved by a county | 20 | | board under subsection (b), the county board may, by ordinance | 21 | | or resolution, increase the document class flat fee and | 22 | | collect the increased fees only if the increase is justified | 23 | | by a cost study that shows that the fees allowed by subsections | 24 | | (c) and (d) are not sufficient to cover the cost of providing | 25 | | the service related to the document class for which the fee is | 26 | | to be increased. A statement of the costs of providing each |
| | | SB2227 | - 45 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | service, program, and activity shall be prepared by the county | 2 | | board. All supporting documents shall be public record and | 3 | | subject to public examination and audit. All direct and | 4 | | indirect costs, as defined in the United States Office of | 5 | | Management and Budget Circular A-87, may be included in the | 6 | | determination of the costs of each service, program, and | 7 | | activity. | 8 | | Nothing in this Section precludes a county board from | 9 | | adjusting amounts or allocations within a given document class | 10 | | flat fee as long as the document class flat fee is not | 11 | | increased.
| 12 | | (Source: P.A. 100-271, eff. 8-22-17.)
| 13 | | (55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
| 14 | | Sec. 3-5019. Monthly list of conveyances. Immediately | 15 | | following each
calendar month, the recorder, in counties with | 16 | | less than 1,000,000
inhabitants shall, upon their request, | 17 | | transmit copies of all documents,
plats and deeds conveying | 18 | | real property to the county clerk, the county
treasurer, the | 19 | | tax map department, the supervisor of assessments and the
| 20 | | township assessor for which the office he shall be paid by the | 21 | | county the usual and
customary fee charged by the recorder for | 22 | | furnishing such documents.
| 23 | | (Source: P.A. 86-962.)
| 24 | | (55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
|
| | | SB2227 | - 46 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | Sec. 3-5020. Information to accompany conveyance | 2 | | documents.
| 3 | | (a) In counties of the first and second class no recorder | 4 | | shall
record any conveyance of real estate unless the | 5 | | conveyance contains the
name and address of the grantee for | 6 | | tax billing purposes.
| 7 | | (b) In counties with 3,000,000 or more inhabitants, the | 8 | | county recorder
shall not accept for filing any deed or | 9 | | assignment of beneficial interest
in a land trust in a | 10 | | transaction which is exempt from filing a real estate
transfer | 11 | | declaration under the provisions of Section 4 of the Real | 12 | | Estate
Transfer Tax Act, unless the deed or assignment of a | 13 | | beneficial interest is
accompanied by,
| 14 | | (1) a sworn or affirmed statement executed by the | 15 | | grantor
or the grantor's his agent stating that, to the | 16 | | best of the grantor's or the grantor's agent's his | 17 | | knowledge, the name of the
grantee shown on the deed or | 18 | | assignment of beneficial interest in a land
trust is | 19 | | either a natural person, an Illinois Corporation or | 20 | | foreign
corporation authorized to do business or acquire | 21 | | and hold title to real
estate in Illinois, a partnership | 22 | | authorized to do business or acquire and
hold title to | 23 | | real estate in Illinois, or other entity recognized as a
| 24 | | person and authorized to do business or acquire and hold | 25 | | title to real
estate under the laws of the State of | 26 | | Illinois, and
|
| | | SB2227 | - 47 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (2) a sworn or affirmed statement executed by the | 2 | | grantee or the grantee's his agent
verifying that the name | 3 | | of the grantee shown on the deed or assignment of
| 4 | | beneficial interest in a land trust is either a natural | 5 | | person, an Illinois
corporation or foreign corporation | 6 | | authorized to do business or acquire and
hold title to | 7 | | real estate in Illinois, a partnership authorized to do
| 8 | | business or acquire and hold title to real estate in | 9 | | Illinois, or other
entity recognized as a person and | 10 | | authorized to do business or acquire and
hold title to | 11 | | real estate under the laws of the State of Illinois. Any
| 12 | | person who knowingly submits a false statement required | 13 | | under this Section
concerning the identity of a grantee is | 14 | | guilty of a Class C misdemeanor. A
second or subsequent | 15 | | conviction of such offense is a Class A misdemeanor.
| 16 | | (c) In the event that the document of conveyance is a | 17 | | trustee's deed
issued under resignation by a land trustee, the | 18 | | statements pursuant
to paragraphs (1) and (2) of subsection | 19 | | (b) shall not be required, but the
trustee's deed shall | 20 | | instead be accompanied by a sworn or affirmed statement
| 21 | | executed by the grantor land trustee stating that the | 22 | | trustee's deed has been
issued pursuant to resignation by the | 23 | | trustee, and that the name of the grantee
shown on the | 24 | | trustee's deed is the name of the beneficiary of the trust as | 25 | | the trustee's his
name appears in the trust files as of the | 26 | | date of resignation.
|
| | | SB2227 | - 48 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (Source: P.A. 86-962; 87-543; 87-1236.)
| 2 | | (55 ILCS 5/3-5020.5)
| 3 | | Sec. 3-5020.5. Information concerning recorded or filed | 4 | | instruments.
Each instrument recorded or filed with the | 5 | | county recorder must contain the
following:
| 6 | | (1) The name and address of the person to whom the | 7 | | instrument is to be
returned.
| 8 | | (2) The recorder's document number of any instrument (i) | 9 | | referred to in the
instrument being recorded or filed or (ii) | 10 | | relating to the instrument being
recorded or filed, such as, | 11 | | without limitation, the recorder's document number
of a | 12 | | mortgage when the instrument being recorded or filed is a | 13 | | release of that
mortgage.
| 14 | | (3) The book and page number, if applicable, or document | 15 | | number of any instrument (i) referred
to in the instrument | 16 | | being recorded or filed or (ii) relating to the instrument
| 17 | | being recorded or filed.
| 18 | | (Source: P.A. 88-691, eff. 1-24-95.)
| 19 | | (55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
| 20 | | Sec. 3-5021.
Recording or registering instruments | 21 | | transferring
title to real estate or a beneficial interest in | 22 | | real estate subject to a
land trust. If any home rule | 23 | | municipality has levied a real estate transfer
tax and a | 24 | | certified copy of the ordinance or resolution levying the tax,
|
| | | SB2227 | - 49 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | specifying the rates and the design and denomination of stamps | 2 | | evidencing
payment thereof, has been on file with the county | 3 | | recorder for at least
30 days, the recorder of that county may | 4 | | not accept for recording or for
registration under "An Act | 5 | | concerning land titles", approved May 1, 1897,
as amended, any | 6 | | instrument transferring title to real estate in that
| 7 | | municipality, or the beneficial interest in real estate in | 8 | | that
municipality which is the subject of a land trust, for | 9 | | which revenue stamps
are required to be purchased under the | 10 | | "Real Estate Transfer Tax Act",
approved July 17, 1967, as | 11 | | amended, without proof of payment of the
municipal real estate | 12 | | transfer tax.
| 13 | | (Source: P.A. 86-962.)
| 14 | | (55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
| 15 | | Sec. 3-5024. Certificate of time of filing. When any | 16 | | instrument
in writing is recorded in the recorder's office, | 17 | | the recorder shall indorse
upon such instrument a certificate | 18 | | of the time (including the hour of the
day) when the same was | 19 | | accepted or received for recordation (which shall be | 20 | | considered
the time of recording the same), and the book and | 21 | | page or document number by and in which the same is
recorded. | 22 | | The recorder shall sign the certificate or shall affix the | 23 | | recorder's his
facsimile signature thereto. A physical or | 24 | | electronic image of the recorder's stamp satisfies the | 25 | | signature requirement for recorded instruments prior to, on, |
| | | SB2227 | - 50 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | and after the effective date of this amendatory Act of the | 2 | | 102nd General Assembly.
| 3 | | The certificate, when signed by the recorder, or to which | 4 | | the recorder he has affixed
the recorder's his facsimile | 5 | | signature or a physical or electronic image of the recorder's | 6 | | stamp, shall be evidence of the facts therein stated.
| 7 | | (Source: P.A. 102-838, eff. 5-13-22.)
| 8 | | (55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
| 9 | | Sec. 3-5025. Books. Every recorder shall keep the | 10 | | following books or computer databases :
| 11 | | 1. An entry book, in which the recorder he or she shall, | 12 | | immediately on the receipt
of any instrument to be recorded or | 13 | | filed, enter, in the order of its
reception, the names of the | 14 | | parties thereto, its date, the day of the
month, hour and year | 15 | | of receiving the same, and a brief description of
the | 16 | | premises, indorsing upon each instrument a number | 17 | | corresponding with
the number of such entry.
| 18 | | 2. A grantor's index, in which shall be entered the name of | 19 | | each
grantor, in alphabetical order, the name of the grantee, | 20 | | date of the
instrument, time of receipt, kind of instrument, | 21 | | consideration, the book
and page in which it is recorded, or | 22 | | the number under which it is filed,
and a brief description of | 23 | | the premises.
| 24 | | 3. A grantee's index, in which shall be entered the name of | 25 | | each
grantee, in alphabetical order, the name of the grantor, |
| | | SB2227 | - 51 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | date of the
instrument, time of receipt, kind of instrument, | 2 | | consideration, the book
and page in which it is recorded, or | 3 | | the number under which it is filed,
and a brief description of | 4 | | the premises.
| 5 | | 4. An index to each book or computer database of record, in | 6 | | which shall be entered,
in alphabetical order, the name of | 7 | | each grantor and grantee, and the
page number in which or | 8 | | reference number to which the instrument is recorded.
| 9 | | 5. When required by the county board, an abstract book, | 10 | | which
shall show by tracts every conveyance or incumbrance | 11 | | recorded, the date
of the instrument, time of filing the same, | 12 | | the book and page where the
same is recorded; which book shall | 13 | | be so kept as to show a true chain of
title to each tract and | 14 | | the incumbrances thereon, as shown by the
records of the his | 15 | | office.
| 16 | | 6. An index to recorded maps, plats and subdivisions, such | 17 | | index
to be made by description of land mapped, or subdivided | 18 | | by range,
township, Section, quarter-section, etc.
| 19 | | 7. An index showing in alphabetical order the names of the
| 20 | | parties against whom judgments have been rendered or made and
| 21 | | transcripts or memoranda of such judgments have been
recorded, | 22 | | and the parties named in notices recorded pursuant to Section
| 23 | | 1 of "An Act concerning constructive notice of condemnation | 24 | | proceedings,
proceedings to sell real property of decedents to | 25 | | pay
debts, or other suits seeking equitable relief involving | 26 | | real
property, and proceedings in bankruptcy" approved June |
| | | SB2227 | - 52 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | 11, 1917, as amended.
| 2 | | 8. An index of all ordinances, petitions, assessment | 3 | | rolls, orders,
judgments or other documents filed or recorded | 4 | | in respect of any drainage
or special assessment matter | 5 | | sufficient to enable the public to identify
all tracts | 6 | | involved therein and to locate all the documents which have | 7 | | been
filed or recorded. The recorder may solicit the | 8 | | assistance of the State
Records Commission in organizing and | 9 | | indexing these documents.
| 10 | | Any recorder may install or contract for the use of a | 11 | | computerized
system that will permit automated entry and | 12 | | indexing, alphabetically by
document, of instruments filed in | 13 | | the his or her office and that will provide both
quick search | 14 | | and retrieval of such entries and hard copy print output,
| 15 | | whether on paper, optical disk media, or microfilm, of such | 16 | | entries as
indexed. If such a computerized system has been in | 17 | | use in the his or her office
for at least 6 months and the | 18 | | recorder determines that it provides accurate and
reliable | 19 | | indices that may be stored as permanent records, more quickly | 20 | | and
efficiently than the system previously used, the recorder | 21 | | may thereafter
discontinue the use of the manual system and | 22 | | use only the computerized system
for such indices. In that | 23 | | event, references in this Division to books, records
or forms | 24 | | as relate to such indices are intended to encompass and refer | 25 | | to the
computer system and all materials and forms directly | 26 | | related to that system and
its proper use.
|
| | | SB2227 | - 53 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | This Section is subject to the Local Records Act.
| 2 | | (Source: P.A. 88-661, eff. 9-16-94.)
| 3 | | (55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
| 4 | | Sec. 3-5029.
Map, plat or subdivision of land;
penalty. No | 5 | | person shall offer or present for
recording or record any map, | 6 | | plat or subdivision of land situated in any
incorporated city, | 7 | | town or village, nor within 1 1/2 miles of the corporate
limits | 8 | | of any incorporated city, town or village which has adopted a | 9 | | city
plan and is exercising the special powers authorized by | 10 | | Division 12 of
Article 11 of the Illinois Municipal
Code, as | 11 | | now or hereafter amended, and not included in any municipality
| 12 | | unless the map, plat or subdivision is under the seal of a | 13 | | registered Illinois
land surveyor and unless it is entitled to | 14 | | record as provided in Sections
11-15-1 and 11-12-3 of the | 15 | | Illinois Municipal Code, as now or hereafter
amended. Any map, | 16 | | plat or subdivision of land presented for recording shall
have | 17 | | attached thereto or endorsed thereon the Certificate of an | 18 | | Illinois
Registered Land Surveyor that the land is or is not | 19 | | within any incorporated
city, town or village, nor within 1 | 20 | | 1/2 miles of the corporate limits of
any incorporated city, | 21 | | town or village which has adopted a city plan and
is exercising | 22 | | the special powers authorized by Division 12 of Article 11 of
| 23 | | the Illinois Municipal Code, as now or hereafter amended, and | 24 | | not included
in any municipality. No person shall offer or | 25 | | present for recording or
record any subdivision plat of any |
| | | SB2227 | - 54 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | lands bordering on or including any public
waters of the State | 2 | | in which the State of Illinois has any property rights
or | 3 | | property interests, unless such subdivision plat is under the | 4 | | seal of
a registered Illinois Land Surveyor and is approved by | 5 | | the Department of
Natural Resources, nor shall any person
| 6 | | offer or present for recording or record any map, plat or | 7 | | subdivision of
lands, without indicating whether any part of | 8 | | which as shown on the
map, plat or subdivision is located | 9 | | within a special flood hazard area as
identified by the | 10 | | Federal Emergency Management Agency nor shall any person
offer | 11 | | or present for recording or record any map, plat or | 12 | | subdivision of
land situated outside any incorporated city, | 13 | | town or village unless the
map, plat or subdivision is under | 14 | | the seal of a registered Illinois land
surveyor, and unless it | 15 | | is entitled to record as provided in Section
5-1045, however, | 16 | | the provisions of this Section shall not
apply to any street or | 17 | | highway survey map or plat. Any person who records,
or who | 18 | | offers or presents for recording, which offer or presentation | 19 | | results
in a recording of, any map, plat or subdivision of land | 20 | | which the person he knows to
be in violation of this Section | 21 | | shall pay to the county the sum of $1,000 $200 ,
to be recovered | 22 | | in the circuit court, in the name of the state, for the
use of | 23 | | the county, with costs of suit.
| 24 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 25 | | (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
|
| | | SB2227 | - 55 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | Sec. 3-5031. Penalty. If any recorder shall willfully fail | 2 | | to perform
any duty imposed upon the recorder him by this | 3 | | Division, the recorder he shall be guilty
of malfeasance in | 4 | | office, and shall be punished accordingly, and shall be
liable | 5 | | to the party injured for all damages occasioned thereby.
| 6 | | (Source: P.A. 95-877, eff. 1-1-09.)
| 7 | | (55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
| 8 | | Sec. 3-5033. County to furnish books, equipment and | 9 | | supplies. The county board of each county shall from time to | 10 | | time, as may be
necessary, provide the recorder of such county | 11 | | with well-bound and properly
ruled books, and where | 12 | | photostating, optical disk storage, or
microfilming is used, | 13 | | the recorder
shall likewise be furnished all such equipment | 14 | | (such as computers, printers, and scanners) and supplies | 15 | | necessary to
the execution of the duties of the his office. | 16 | | They may procure books of
printed forms to be filled up in the | 17 | | recording of any instrument, when the
same may be done without | 18 | | interlineation or erasure, and shall in all cases,
when | 19 | | practicable, procure the necessary index and abstract books | 20 | | with
printed headings. The cost of such books, equipment and | 21 | | supplies shall be
chargeable against the surplus fees of the | 22 | | office, or paid by the county.
| 23 | | (Source: P.A. 88-661, eff. 9-16-94.)
| 24 | | (55 ILCS 5/3-5036.5)
|
| | | SB2227 | - 56 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | Sec. 3-5036.5. Exchange of information for child support | 2 | | enforcement.
| 3 | | (a) The recorder Recorder shall exchange with the
| 4 | | Department of Healthcare and Family Services
information that | 5 | | may be necessary for the enforcement
of child support orders | 6 | | entered pursuant to the Illinois Public Aid Code, the
Illinois | 7 | | Marriage and Dissolution of Marriage Act, the Non-Support of | 8 | | Spouse
and
Children Act, the Non-Support Punishment Act, the | 9 | | Revised Uniform
Reciprocal Enforcement of Support Act, the
| 10 | | Uniform Interstate Family Support Act, the Illinois
Parentage | 11 | | Act of 1984, or the Illinois Parentage Act of 2015.
| 12 | | (b) Notwithstanding any provisions in this Code to the | 13 | | contrary, the
recorder Recorder shall not be liable
to any | 14 | | person for any disclosure of information to the Department of | 15 | | Healthcare and Family Services (formerly
Illinois Department | 16 | | of Public Aid) under subsection (a)
or for any other action | 17 | | taken in good faith to comply with the requirements of
| 18 | | subsection (a).
| 19 | | (Source: P.A. 99-85, eff. 1-1-16 .)
| 20 | | (55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
| 21 | | Sec. 3-5037. Instruments to be re-recorded; fee; penalty. | 22 | | In all
cases where the records of any county have been or shall | 23 | | hereafter be
destroyed by fire or other casualty, it shall be | 24 | | the duty of the recorder
of such county to re-record all deeds, | 25 | | mortgages or other instruments in
writing which may have been |
| | | SB2227 | - 57 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | recorded or filed for record prior to the
destruction of such | 2 | | records, together with the certificates of such
original | 3 | | recording, that may be filed in the his office for | 4 | | re-recording; and
the recorder may charge and receive, as a | 5 | | fee for re-recording such deeds,
mortgages and other | 6 | | instruments aforesaid, and the certificate of such
recording, | 7 | | 5˘ for each 100 words or fractions thereof, and no more; and | 8 | | any
recorder who shall charge a greater fee than the | 9 | | foregoing, or who shall
refuse to re-record such instruments | 10 | | in writing, for the fee aforesaid,
shall be deemed guilty of | 11 | | malfeasance in office, and subject to all the
penalties | 12 | | prescribed by law for such offense.
| 13 | | (Source: P.A. 86-962.)
| 14 | | (55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
| 15 | | Sec. 3-5038. Judgment dockets. In all counties where a | 16 | | recorder
is elected in which the recorder has heretofore been, | 17 | | or shall hereafter be
required by the county board to keep | 18 | | abstract books showing by tract every
conveyance or | 19 | | incumbrance recorded, the date of the instrument, the time of
| 20 | | filing same, the book and page where the same is recorded, and | 21 | | showing a
true chain of title to each tract and the | 22 | | incumbrances thereon, as shown by
the records of the his | 23 | | office, such recorder shall and he is hereby authorized
to | 24 | | keep judgment dockets and indexes thereto, showing all | 25 | | judicial
proceedings affecting title to real estate in such |
| | | SB2227 | - 58 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | county, tax sale books
with indexes thereto, showing sales or | 2 | | forfeitures of all lands in the
county for unpaid taxes and | 3 | | assessments, and such other books as are usual
or necessary to | 4 | | be kept for the purpose of making complete abstracts of
title | 5 | | to real estate; and the county board shall furnish such | 6 | | recorder with
the necessary rooms, books, stationery, fuel and | 7 | | lights for the purposes
herein set forth: Provided, that | 8 | | nothing in this Division shall be
construed to empower the | 9 | | recorder to prevent the public from examining and
taking | 10 | | memoranda from all records and instruments filed for record, | 11 | | indexes
and other books in the recorder's his official | 12 | | custody, but it shall be the recorder's his duty at all
times, | 13 | | when the his office is or is required by law to be open, to | 14 | | allow all
persons without fee or reward to examine and take | 15 | | memoranda from the same.
This Section is subject to the | 16 | | provisions of the "The Local Records Act " .
| 17 | | (Source: P.A. 86-962.)
| 18 | | (55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
| 19 | | Sec. 3-5045.
Scope of liability in connection with Uniform
| 20 | | Commercial Code. No recorder nor any of the recorder's his | 21 | | employees or
agents shall be subject to personal liability by | 22 | | reason of any error or
omission in the performance of any duty | 23 | | under Article 9 of the Uniform
Commercial Code except in case | 24 | | of willful wilful negligence.
| 25 | | (Source: P.A. 86-962.)
|
| | | SB2227 | - 59 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | (55 ILCS 5/3-5017 rep.) | 2 | | Section 10. The Counties Code is amended by repealing | 3 | | Section 3-5017.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
| | | | SB2227 | - 60 - | LRB103 28861 AWJ 55246 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 55 ILCS 5/3-5001 | from Ch. 34, par. 3-5001 | | 4 | | 55 ILCS 5/3-5002 | from Ch. 34, par. 3-5002 | | 5 | | 55 ILCS 5/3-5003 | from Ch. 34, par. 3-5003 | | 6 | | 55 ILCS 5/3-5004 | from Ch. 34, par. 3-5004 | | 7 | | 55 ILCS 5/3-5005 | from Ch. 34, par. 3-5005 | | 8 | | 55 ILCS 5/3-5005.1 | from Ch. 34, par. 3-5005.1 | | 9 | | 55 ILCS 5/3-5005.2 | from Ch. 34, par. 3-5005.2 | | 10 | | 55 ILCS 5/3-5005.3 | from Ch. 34, par. 3-5005.3 | | 11 | | 55 ILCS 5/3-5005.4 | from Ch. 34, par. 3-5005.4 | | 12 | | 55 ILCS 5/3-5006 | from Ch. 34, par. 3-5006 | | 13 | | 55 ILCS 5/3-5007 | from Ch. 34, par. 3-5007 | | 14 | | 55 ILCS 5/3-5008 | from Ch. 34, par. 3-5008 | | 15 | | 55 ILCS 5/3-5009 | from Ch. 34, par. 3-5009 | | 16 | | 55 ILCS 5/3-5010 | from Ch. 34, par. 3-5010 | | 17 | | 55 ILCS 5/3-5010.5 | | | 18 | | 55 ILCS 5/3-5010.8 | | | 19 | | 55 ILCS 5/3-5011 | from Ch. 34, par. 3-5011 | | 20 | | 55 ILCS 5/3-5012 | from Ch. 34, par. 3-5012 | | 21 | | 55 ILCS 5/3-5013 | from Ch. 34, par. 3-5013 | | 22 | | 55 ILCS 5/3-5014 | from Ch. 34, par. 3-5014 | | 23 | | 55 ILCS 5/3-5015 | from Ch. 34, par. 3-5015 | | 24 | | 55 ILCS 5/3-5016 | from Ch. 34, par. 3-5016 | | 25 | | 55 ILCS 5/3-5018 | from Ch. 34, par. 3-5018 | |
| | | SB2227 | - 61 - | LRB103 28861 AWJ 55246 b |
|
| 1 | | 55 ILCS 5/3-5018.1 | | | 2 | | 55 ILCS 5/3-5019 | from Ch. 34, par. 3-5019 | | 3 | | 55 ILCS 5/3-5020 | from Ch. 34, par. 3-5020 | | 4 | | 55 ILCS 5/3-5020.5 | | | 5 | | 55 ILCS 5/3-5021 | from Ch. 34, par. 3-5021 | | 6 | | 55 ILCS 5/3-5024 | from Ch. 34, par. 3-5024 | | 7 | | 55 ILCS 5/3-5025 | from Ch. 34, par. 3-5025 | | 8 | | 55 ILCS 5/3-5029 | from Ch. 34, par. 3-5029 | | 9 | | 55 ILCS 5/3-5031 | from Ch. 34, par. 3-5031 | | 10 | | 55 ILCS 5/3-5033 | from Ch. 34, par. 3-5033 | | 11 | | 55 ILCS 5/3-5036.5 | | | 12 | | 55 ILCS 5/3-5037 | from Ch. 34, par. 3-5037 | | 13 | | 55 ILCS 5/3-5038 | from Ch. 34, par. 3-5038 | | 14 | | 55 ILCS 5/3-5045 | from Ch. 34, par. 3-5045 | | 15 | | 55 ILCS 5/3-5017 rep. | |
| |
|