Public Act 93-0256

HB0526 Enrolled                      LRB093 02565 MKM 02575 b

    AN ACT in relation to local government.

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

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

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

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