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91_HB0840sam001
LRB9103344MWgcam02
1 AMENDMENT TO HOUSE BILL 840
2 AMENDMENT NO. . Amend House Bill 840 by replacing
3 the title with the following:
4 "AN ACT concerning local governments."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Local Records Act is amended by changing
8 Section 7 as follows:
9 (50 ILCS 205/7) (from Ch. 116, par. 43.107)
10 Sec. 7. Disposition rules. Except as otherwise provided
11 by law, no public record shall be disposed of by any officer
12 or agency unless the written approval of the appropriate
13 Local Records Commission is first obtained.
14 The Commission shall issue regulations which shall be
15 binding on all such officers. Such regulations shall
16 establish procedures for compiling and submitting to the
17 Commission lists and schedules of public records proposed for
18 disposal; procedures for the physical destruction or other
19 disposition of such public records; and standards for the
20 reproduction of such public records by photography,
21 microphotographic processes, or digitized electronic format.
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1 Such standards shall relate to the quality of the film to be
2 used, preparation of the public records for filming or
3 electronic conversion, proper identification matter on such
4 records so that an individual document or series of documents
5 can be located on the film or digitized electronic form with
6 reasonable facility, and that the copies contain all
7 significant record detail, to the end that the copies will be
8 adequate. Any public record may be reproduced in a digitized
9 electronic format. Those records for which the Commission
10 has given or does give written approval for disposal after a
11 retention period of 10 years or less may be digitized and
12 disposed of providing: (i) the reproduction process forms a
13 durable medium that accurately and legibly reproduces the
14 original record in all details and that does not permit
15 additions, deletions, or changes to the original document
16 images, (ii) the reproduction is retained for the prescribed
17 retention period, and (iii) the Commission is notified when
18 the original record is disposed of and also when the
19 digitized record is disposed of. Those records for which the
20 Commission has given or does give written approval for
21 disposal after a retention period of more than 10 years or
22 for which the Commission has required or does require
23 permanent retention may be digitized and disposed of
24 providing: (i) the reproduction process forms a durable
25 medium that accurately and legibly reproduces the original
26 record in all details and that does not permit additions,
27 deletions, or changes to the original document images and,
28 (ii) the records are also reproduced in a microfilm format
29 that is in compliance with Commission regulations and that is
30 retained for the written retention period, and (iii) the
31 Commission is notified when the original record is disposed
32 of and also when the microfilmed record is disposed of.
33 Such regulations shall also provide that the State
34 archivist may retain any records which the Commission has
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1 authorized to be destroyed, where they have a historical
2 value, and that the State archivist may deposit them in the
3 State Archives, State Historical Library, or a university
4 library, or with a historical society, museum, or library.
5 (Source: P.A. 89-272, eff. 8-10-95; 90-701, eff. 1-1-99.)
6 Section 10. The Counties Code is amended by changing
7 Section 3-5018 as follows:
8 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
9 Sec. 3-5018. Fees. The recorder elected as provided for
10 in this Division shall receive such fees as are or may be
11 provided for him by law, in case of provision therefor:
12 otherwise he shall receive the same fees as are or may be
13 provided in this Section, except when increased by county
14 ordinance pursuant to the provisions of this Section, to be
15 paid to the county clerk for his services in the office of
16 recorder for like services. No filing fee shall be charged
17 for providing informational copies of financing statements to
18 the recorder pursuant to subsection (8) of Section 9-403 of
19 the Uniform Commercial Code.
20 For recording deeds or other instruments $12 for the
21 first 4 pages thereof, plus $1 for each additional page
22 thereof, plus $1 for each additional document number therein
23 noted. The aggregate minimum fee for recording any one
24 instrument shall not be less than $12.
25 For recording deeds or other instruments wherein the
26 premises affected thereby are referred to by document number
27 and not by legal description a fee of $1 in addition to that
28 hereinabove referred to for each document number therein
29 noted.
30 For recording assignments of mortgages, leases or liens
31 $12 for the first 4 pages thereof, plus $1 for each
32 additional page thereof. However, except for leases and
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1 liens pertaining to oil, gas and other minerals, whenever a
2 mortgage, lease or lien assignment assigns more than one
3 mortgage, lease or lien document, a $7 fee shall be charged
4 for the recording of each such mortgage, lease or lien
5 document after the first one.
6 For recording maps or plats of additions or subdivisions
7 approved by the county or municipality (including the
8 spreading of the same of record in map case or other proper
9 books) or plats of condominiums $50 for the first page, plus
10 $1 for each additional page thereof except that in the case
11 of recording a single page, legal size 8 1/2 x 14, plat of
12 survey in which there are no more than two lots or parcels of
13 land, the fee shall be $12. In each county where such maps
14 or plats are to be recorded, the recorder may require the
15 same to be accompanied by such number of exact, true and
16 legible copies thereof as the recorder deems necessary for
17 the efficient conduct and operation of his office.
18 For certified copies of records the same fees as for
19 recording, but in no case shall the fee for a certified copy
20 of a map or plat of an addition, subdivision or otherwise
21 exceed $10.
22 Each certificate of such recorder of the recording of the
23 deed or other writing and of the date of recording the same
24 signed by such recorder, shall be sufficient evidence of the
25 recording thereof, and such certificate including the
26 indexing of record, shall be furnished upon the payment of
27 the fee for recording the instrument, and no additional fee
28 shall be allowed for the certificate or indexing.
29 The recorder shall charge an additional fee, in an amount
30 equal to the fee otherwise provided by law, for recording a
31 document (other than a document filed under the Plat Act or
32 the Uniform Commercial Code) that does not conform to the
33 following standards:
34 (1) The document shall consist of one or more
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1 individual sheets measuring 8.5 inches by 11 inches, not
2 permanently bound and not a continuous form. Graphic
3 displays accompanying a document to be recorded that
4 measure up to 11 inches by 17 inches shall be recorded
5 without charging an additional fee.
6 (2) The document shall be legibly printed in black
7 ink, by hand, type, or computer. Signatures and dates
8 may be in contrasting colors if they will reproduce
9 clearly.
10 (3) The document shall be on white paper of not
11 less than 20-pound weight and shall have a clean margin
12 of at least one-half inch on the top, the bottom, and
13 each side. Margins may be used for non-essential
14 notations that will not affect the validity of the
15 document, including but not limited to form numbers, page
16 numbers, and customer notations.
17 (4) The first page of the document shall contain a
18 blank space, measuring at least 3 inches by 5 inches,
19 from the upper right corner.
20 (5) The document shall not have any attachment
21 stapled or otherwise affixed to any page.
22 A document that does not conform to these standards shall not
23 be recorded except upon payment of the additional fee
24 required under this paragraph. This paragraph, as amended by
25 this amendatory Act of 1995, applies only to documents dated
26 after the effective date of this amendatory Act of 1995.
27 The county board of any county may provide for an
28 additional charge of $3 for filing every instrument, paper,
29 or notice for record, in order to defray the cost of
30 converting the county recorder's document storage system to
31 computers or micrographics.
32 A special fund shall be set up by the treasurer of the
33 county and such funds collected pursuant to Public Act
34 83-1321 shall be used solely for a document storage system to
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1 provide the equipment, materials and necessary expenses
2 incurred to help defray the costs of implementing and
3 maintaining such a document records system.
4 The county board of any county that provides and
5 maintains a countywide map through a Geographic Information
6 System (GIS) may provide for an additional charge of $3 for
7 filing every instrument, paper, or notice for record in order
8 to defray the cost of implementing or maintaining the
9 county's Geographic Information System. Of that amount, $2
10 must be deposited into a special fund set up by the treasurer
11 of the county, and any moneys collected pursuant to this
12 amendatory Act of the 91st General Assembly and deposited
13 into that fund must be used solely for the equipment,
14 materials, and necessary expenses incurred in implementing
15 and maintaining a Geographic Information System. The
16 remaining $1 must be deposited into the recorder's special
17 funds created under Section 3-5005.4. The recorder may, in
18 his or her discretion, use moneys in the funds created under
19 Section 3-5005.4 to defray the cost of implementing or
20 maintaining the county's Geographic Information System.
21 The foregoing fees allowed by this Section are the
22 maximum fees that may be collected from any officer, agency,
23 department or other instrumentality of the State. The county
24 board may, however, by ordinance, increase the fees allowed
25 by this Section and collect such increased fees from all
26 persons and entities other than officers, agencies,
27 departments and other instrumentalities of the State if the
28 increase is justified by an acceptable cost study showing
29 that the fees allowed by this Section are not sufficient to
30 cover the cost of providing the service.
31 A statement of the costs of providing each service,
32 program and activity shall be prepared by the county board.
33 All supporting documents shall be public record and subject
34 to public examination and audit. All direct and indirect
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1 costs, as defined in the United States Office of Management
2 and Budget Circular A-87, may be included in the
3 determination of the costs of each service, program and
4 activity.
5 (Source: P.A. 89-160, eff. 7-19-95; 90-300, eff. 1-1-98.)".