State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_SB1582enr

 
SB1582 Enrolled                                LRB9110943JMks

 1        AN  ACT  to  amend  the Counties Code by changing Section
 2    3-5018.

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

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

 7        (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
 8        Sec. 3-5018.  Fees.  The recorder elected as provided for
 9    in this Division shall receive such fees as  are  or  may  be
10    provided  for  him  by  law,  in  case of provision therefor:
11    otherwise he shall receive the same fees as  are  or  may  be
12    provided  in  this  Section,  except when increased by county
13    ordinance pursuant to the provisions of this Section,  to  be
14    paid  to  the  county clerk for his services in the office of
15    recorder for like services. No filing fee  shall  be  charged
16    for providing informational copies of financing statements to
17    the  recorder  pursuant to subsection (8) of Section 9-403 of
18    the Uniform Commercial Code.
19        For recording deeds or  other  instruments  $12  for  the
20    first  4  pages  thereof,  plus  $1  for each additional page
21    thereof, plus $1 for each additional document number  therein
22    noted.  The  aggregate  minimum  fee  for  recording  any one
23    instrument shall not be less than $12.
24        For recording deeds  or  other  instruments  wherein  the
25    premises  affected thereby are referred to by document number
26    and not by legal description a fee of $1 in addition to  that
27    hereinabove  referred  to  for  each  document number therein
28    noted.
29        For recording assignments of mortgages, leases  or  liens
30    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
31    additional  page  thereof.   However,  except  for leases and
 
SB1582 Enrolled             -2-                LRB9110943JMks
 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
 
SB1582 Enrolled             -3-                LRB9110943JMks
 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
 
SB1582 Enrolled             -4-                LRB9110943JMks
 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
 
SB1582 Enrolled             -5-                LRB9110943JMks
 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.)

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.

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