093_SB0171enr

 
SB171 Enrolled                       LRB093 06357 MKM 06476 b

 1        AN ACT in relation to 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    Section 3-5018 as follows:

 6        (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
 7        Sec. 3-5018.  Fees.  The recorder elected as provided for
 8    in  this  Division  shall  receive such fees as are or may be
 9    provided for him by  law,  in  case  of  provision  therefor:
10    otherwise  he  shall  receive  the same fees as are or may be
11    provided in this Section, except  when  increased  by  county
12    ordinance  pursuant  to the provisions of this Section, to be
13    paid to the county clerk for his services in  the  office  of
14    recorder for like services.
15        For  recording  deeds  or  other  instruments $12 for the
16    first 4 pages thereof,  plus  $1  for  each  additional  page
17    thereof,  plus $1 for each additional document number therein
18    noted.  The aggregate  minimum  fee  for  recording  any  one
19    instrument shall not be less than $12.
20        For  recording  deeds  or  other  instruments wherein the
21    premises affected thereby are referred to by document  number
22    and  not by legal description a fee of $1 in addition to that
23    hereinabove referred to  for  each  document  number  therein
24    noted.
25        For  recording  assignments of mortgages, leases or liens
26    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
27    additional page thereof.   However,  except  for  leases  and
28    liens  pertaining  to oil, gas and other minerals, whenever a
29    mortgage, lease or lien  assignment  assigns  more  than  one
30    mortgage,  lease  or lien document, a $7 fee shall be charged
31    for the recording  of  each  such  mortgage,  lease  or  lien
 
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 1    document after the first one.
 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
 7    of recording a single page, legal size 8 1/2 x  14,  plat  of
 8    survey in which there are no more than two lots or parcels of
 9    land, the fee shall be $12. In each county where such maps or
10    plats  are  to be recorded, the recorder may require the same
11    to be accompanied by such number of exact, true  and  legible
12    copies  thereof  as  the  recorder  deems  necessary  for the
13    efficient conduct and operation of his office.
14        For certified copies of records  the  same  fees  as  for
15    recording,  but in no case shall the fee for a certified copy
16    of a map or plat of an  addition,  subdivision  or  otherwise
17    exceed $10.
18        Each certificate of such recorder of the recording of the
19    deed  or  other writing and of the date of recording the same
20    signed by such recorder, shall be sufficient evidence of  the
21    recording   thereof,   and  such  certificate  including  the
22    indexing of record, shall be furnished upon  the  payment  of
23    the  fee  for recording the instrument, and no additional fee
24    shall be allowed for the certificate or indexing.
25        The recorder shall charge an additional fee, in an amount
26    equal to the fee otherwise provided by law, for  recording  a
27    document  (other  than a document filed under the Plat Act or
28    the Uniform Commercial Code) that does  not  conform  to  the
29    following standards:
30             (1)  The  document  shall  consist  of  one  or more
31        individual sheets measuring 8.5 inches by 11 inches,  not
32        permanently  bound  and  not  a  continuous form. Graphic
33        displays accompanying a  document  to  be  recorded  that
34        measure  up  to  11 inches by 17 inches shall be recorded
 
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 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
 4        may be in  contrasting  colors  if  they  will  reproduce
 5        clearly.
 6             (3)  The  document  shall  be  on white paper of not
 7        less than 20-pound weight and shall have a  clean  margin
 8        of  at  least  one-half  inch on the top, the bottom, and
 9        each  side.   Margins  may  be  used  for   non-essential
10        notations  that  will  not  affect  the  validity  of the
11        document, including but not limited to form numbers, page
12        numbers, and customer notations.
13             (4)  The first page of the document shall contain  a
14        blank  space,  measuring  at  least 3 inches by 5 inches,
15        from the upper right corner.
16             (5)  The document  shall  not  have  any  attachment
17        stapled or otherwise affixed to any page.
18    A document that does not conform to these standards shall not
19    be  recorded  except  upon  payment  of  the  additional  fee
20    required under this paragraph.  This paragraph, as amended by
21    this  amendatory Act of 1995, applies only to documents dated
22    after the effective date of this amendatory Act of 1995.
23        The county  board  of  any  county  may  provide  for  an
24    additional  charge  of $3 for filing every instrument, paper,
25    or notice for record, (1) in order  to  defray  the  cost  of
26    converting  the  county recorder's document storage system to
27    computers or micrographics and (2) in  order  to  defray  the
28    cost  of  providing  access  to  records  through  the global
29    information system known as the Internet.
30        A special fund shall be set up by the  treasurer  of  the
31    county  and  such  funds  collected  pursuant  to  Public Act
32    83-1321 shall be used  (1)  solely  for  a  document  storage
33    system  to  provide  the  equipment,  materials and necessary
34    expenses incurred to help defray the  costs  of  implementing
 
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 1    and  maintaining such a document records system and (2) for a
 2    system to provide electronic access to those records.
 3        The  county  board  of  any  county  that  provides   and
 4    maintains  a  countywide map through a Geographic Information
 5    System (GIS) may provide for an additional charge of  $3  for
 6    filing  every  instrument, paper, or notice for record (1) in
 7    order to defray the cost of implementing or  maintaining  the
 8    county's  Geographic  Information  System and (2) in order to
 9    defray  the  cost  of  providing  electronic  access  to  the
10    county's  Geographic  Information  System  records.  Of  that
11    amount, $2 must be deposited into a special fund  set  up  by
12    the  treasurer  of  the  county,  and  any  moneys  collected
13    pursuant  to this amendatory Act of the 91st General Assembly
14    and deposited into that fund must  be  used  solely  for  the
15    equipment,  materials,  and  necessary  expenses  incurred in
16    implementing and maintaining a Geographic Information  System
17    and  in  order  to  defray  the  cost of providing electronic
18    access to the county's Geographic Information System records.
19    The remaining  $1  must  be  deposited  into  the  recorder's
20    special  funds  created under Section 3-5005.4.  The recorder
21    may, in his or  her  discretion,  use  moneys  in  the  funds
22    created   under  Section  3-5005.4  to  defray  the  cost  of
23    implementing   or   maintaining   the   county's   Geographic
24    Information System  and  to  defray  the  cost  of  providing
25    electronic  access  to  the  county's  Geographic Information
26    System records.
27        The foregoing  fees  allowed  by  this  Section  are  the
28    maximum  fees that may be collected from any officer, agency,
29    department or other instrumentality of the State.  The county
30    board may, however, by ordinance, increase the  fees  allowed
31    by  this  Section  and  collect  such increased fees from all
32    persons  and  entities   other   than   officers,   agencies,
33    departments  and  other instrumentalities of the State if the
34    increase is justified by an  acceptable  cost  study  showing
 
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 1    that  the  fees allowed by this Section are not sufficient to
 2    cover the cost of providing the service.  Regardless  of  any
 3    other  provision in this Section, the maximum fee that may be
 4    collected from  the  Department  of  Revenue  for  filing  or
 5    indexing   a   lien,   certificate   of   lien   release   or
 6    subordination,   or   any  other  type  of  notice  or  other
 7    documentation  affecting  or  concerning  a   lien   is   $5.
 8    Regardless  of  any  other  provision  in  this  Section, the
 9    maximum fee that may be  collected  from  the  Department  of
10    Revenue  for  indexing  each additional name in excess of one
11    for any lien, certificate of lien release  or  subordination,
12    or  any other type of notice or other documentation affecting
13    or concerning a lien is $1.
14        A statement of  the  costs  of  providing  each  service,
15    program  and  activity shall be prepared by the county board.
16    All supporting documents shall be public record  and  subject
17    to  public  examination  and  audit.  All direct and indirect
18    costs, as defined in the United States Office  of  Management
19    and   Budget   Circular   A-87,   may   be  included  in  the
20    determination of the  costs  of  each  service,  program  and
21    activity.
22    (Source: P.A.  91-791,  eff.  6-9-00;  91-886,  eff.  1-1-01;
23    91-893,  eff.  7-1-01;  92-16,  eff.  6-28-01;  92-492,  eff.
24    1-1-02.)

25        Section  99.  Effective  date. This Act takes effect upon
26    becoming law.