Full Text of HB4845 102nd General Assembly
HB4845eng 102ND GENERAL ASSEMBLY |
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| 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 3-5018 and 3-5024 as follows: | 6 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 7 | | Sec. 3-5018. Traditional fee schedule. Except as
provided | 8 | | for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder | 9 | | elected as provided for in this
Division shall receive such | 10 | | fees as are or may be provided for him or her by law,
in case | 11 | | of provision therefor: otherwise he or she shall receive the | 12 | | same fees as
are or may be provided in this Section, except | 13 | | when increased by county
ordinance or resolution pursuant to | 14 | | the provisions of this Section, to be paid to the
county clerk | 15 | | for his or her services in the office of recorder for like | 16 | | services. | 17 | | For recording deeds or other instruments, $12 for the | 18 | | first 4 pages
thereof, plus $1 for each additional page | 19 | | thereof, plus $1 for each
additional document number therein | 20 | | noted. The aggregate minimum fee
for recording any one | 21 | | instrument shall not be less than $12. | 22 | | For recording deeds or other instruments wherein the | 23 | | premises
affected thereby are referred to by document number |
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| 1 | | and not by legal
description, a fee of $1 in addition to that | 2 | | hereinabove referred to for
each document number therein | 3 | | noted. | 4 | | For recording assignments of mortgages, leases or liens, | 5 | | $12 for the
first 4 pages thereof, plus $1 for each additional | 6 | | page thereof. However,
except for leases and liens pertaining | 7 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 8 | | lien assignment assigns more than one
mortgage, lease or lien | 9 | | document, a $7 fee shall be charged for the recording
of each | 10 | | such mortgage, lease or lien document after the first one. | 11 | | For recording any document that affects an interest in | 12 | | real property other than documents which solely affect or | 13 | | relate to an easement for water, sewer, electricity, gas, | 14 | | telephone or other public service, the recorder shall charge a | 15 | | fee of $1 per document to all filers of documents not filed by | 16 | | any State agency, any unit of local government, or any school | 17 | | district. Fifty cents of the $1 fee hereby established shall | 18 | | be deposited into the County General Revenue Fund. The | 19 | | remaining $0.50 shall be deposited into the Recorder's | 20 | | Automation Fund and may not be appropriated or expended for | 21 | | any other purpose. The additional amounts available to the | 22 | | recorder for expenditure from the Recorder's Automation Fund | 23 | | shall not offset or reduce any other county appropriations or | 24 | | funding for the office of the recorder. | 25 | | For recording maps or plats of additions or subdivisions | 26 | | approved by the
county or municipality (including the |
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| 1 | | spreading of the same of record in
map case or other proper | 2 | | books) or plats of condominiums, $50 for the first
page, plus | 3 | | $1 for each additional page thereof except that in the case of
| 4 | | recording a single page, legal size 8 1/2 x 14, plat of survey | 5 | | in which
there are no more than two lots or parcels of land, | 6 | | the fee shall be $12.
In each county where such maps or plats | 7 | | are to be recorded, the recorder
may require the same to be | 8 | | accompanied by such number of exact, true and
legible copies | 9 | | thereof as the recorder deems necessary for the efficient
| 10 | | conduct and operation of his or her office. | 11 | | For non-certified copies of records, an amount not to | 12 | | exceed one-half of the amount provided in this Section for | 13 | | certified copies, according to a standard scale of fees, | 14 | | established by county ordinance or resolution and made public. | 15 | | The provisions of this paragraph shall not be applicable to | 16 | | any person or entity who obtains non-certified copies of | 17 | | records in the following manner: (i) in bulk for all documents | 18 | | recorded on any given day in an electronic or paper format for | 19 | | a negotiated amount less than the amount provided for in this | 20 | | paragraph for non-certified copies, (ii) under a contractual | 21 | | relationship with the recorder for a negotiated amount less | 22 | | than the amount provided for in this paragraph for | 23 | | non-certified copies, or (iii) by means of Internet access | 24 | | pursuant to Section 5-1106.1. | 25 | | For certified copies of records, the same fees as for | 26 | | recording, but
in no case shall the fee for a certified copy of |
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| 1 | | a map or plat of an
addition, subdivision or otherwise exceed | 2 | | $10. | 3 | | Each certificate of such recorder of the recording of the | 4 | | deed or
other writing and of the date of recording the same | 5 | | signed by such
recorder, shall be sufficient evidence of the | 6 | | recording thereof, and
such certificate including the indexing | 7 | | of record, shall be furnished
upon the payment of the fee for | 8 | | recording the instrument, and no
additional fee shall be | 9 | | allowed for the certificate or indexing. A physical or | 10 | | electronic image of the recorder's stamp satisfies the | 11 | | signature requirement for recorded instruments prior to, on, | 12 | | and after the effective date of this amendatory Act of the | 13 | | 102nd General Assembly. | 14 | | The recorder shall charge an additional fee, in an amount | 15 | | equal to the
fee otherwise provided by law, for recording a | 16 | | document (other than a
document filed under the Plat Act or the | 17 | | Uniform Commercial Code) that does
not conform to the | 18 | | following standards: | 19 | | (1) The document shall consist of one or more | 20 | | individual sheets measuring
8.5 inches by 11 inches, not | 21 | | permanently bound and not a continuous form.
Graphic | 22 | | displays accompanying a document to be recorded that | 23 | | measure up to 11
inches by 17 inches shall be recorded | 24 | | without charging an additional fee. | 25 | | (2) The document shall be legibly printed in black | 26 | | ink, by hand, type,
or computer. Signatures and dates may |
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| 1 | | be in contrasting colors if they will
reproduce clearly. | 2 | | (3) The document shall be on white paper of not less | 3 | | than 20-pound
weight and shall have a clean margin of at | 4 | | least one-half inch on the top, the
bottom, and each side. | 5 | | Margins may be used for non-essential notations that
will | 6 | | not affect the validity of the document, including but not | 7 | | limited to
form numbers, page numbers, and customer | 8 | | notations. | 9 | | (4) The first page of the document shall contain a | 10 | | blank space, measuring
at least 3 inches by 5 inches, from | 11 | | the upper right corner. | 12 | | (5) The document shall not have any attachment stapled | 13 | | or otherwise
affixed to any page. | 14 | | A document that does not conform to these standards shall
not | 15 | | be recorded except upon payment of the additional fee required | 16 | | under
this paragraph. This paragraph, as amended by this | 17 | | amendatory Act of 1995,
applies only to documents dated after | 18 | | the effective date of this amendatory
Act of 1995. | 19 | | The county board of any county may provide for an | 20 | | additional charge of $3
for filing every instrument, paper, or | 21 | | notice for record, (1)
in order to
defray the cost of | 22 | | converting the county recorder's document storage system
to | 23 | | computers or micrographics
and (2) in order to defray the cost | 24 | | of providing access to records through
the global
information | 25 | | system known as the Internet. | 26 | | A special fund shall be set up by the treasurer of the |
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| 1 | | county and such
funds collected pursuant to Public Act 83-1321 | 2 | | shall be used (1)
for
a document storage system to provide the | 3 | | equipment, materials and necessary
expenses incurred to help | 4 | | defray the costs of implementing and maintaining
such a | 5 | | document records system
and (2) for a system to provide | 6 | | electronic access to
those records. | 7 | | The county board of any county that provides and maintains | 8 | | a countywide map
through a Geographic Information System (GIS) | 9 | | may provide for an additional
charge of $3 for filing every | 10 | | instrument, paper, or notice for record (1)
in order
to defray | 11 | | the cost of implementing or maintaining the county's | 12 | | Geographic
Information System
and (2) in order to defray the | 13 | | cost of providing electronic or automated access to the
| 14 | | county's
Geographic
Information System or property records.
Of | 15 | | that amount, $2 must be deposited into a special fund
set up by | 16 | | the treasurer of the county, and any moneys collected pursuant | 17 | | to
this amendatory Act of the 91st General Assembly and | 18 | | deposited into that fund
must be used solely for the | 19 | | equipment, materials, and necessary expenses
incurred in | 20 | | implementing and maintaining a Geographic Information System | 21 | | and
in order to defray the cost of providing electronic access | 22 | | to the county's
Geographic Information System records.
The | 23 | | remaining $1 must be deposited into the recorder's special | 24 | | funds created
under Section 3-5005.4. The recorder may, in his | 25 | | or her discretion, use moneys
in the funds created under | 26 | | Section 3-5005.4 to defray the cost of implementing
or |
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| 1 | | maintaining the county's Geographic Information System
and to | 2 | | defray the cost of providing electronic access to the county's
| 3 | | Geographic
Information System records. | 4 | | The recorder shall collect a $9 Rental Housing Support | 5 | | Program State
surcharge for the recordation of any real | 6 | | estate-related document. Payment of the
Rental Housing Support | 7 | | Program State surcharge shall be evidenced by a receipt
that | 8 | | shall be marked upon or otherwise affixed to the real | 9 | | estate-related document
by the recorder. The form of this | 10 | | receipt shall be prescribed by the Department
of Revenue and | 11 | | the receipts shall be issued by the Department of Revenue to
| 12 | | each county recorder. | 13 | | The recorder shall not collect the Rental Housing Support | 14 | | Program State surcharge from any State agency, any unit of | 15 | | local government or any school district. | 16 | | On the 15th day of each month, each county recorder shall | 17 | | report
to the Department of Revenue, on a form prescribed by | 18 | | the Department,
the number of real estate-related documents | 19 | | recorded for which
the Rental Housing Support Program
State | 20 | | surcharge was collected. Each recorder shall submit $9 of each | 21 | | surcharge collected in the
preceding month to the Department | 22 | | of Revenue and the Department
shall deposit these amounts in | 23 | | the Rental Housing Support Program Fund. Subject to | 24 | | appropriation, amounts in the Fund may be expended only for | 25 | | the purpose of funding and administering the Rental Housing | 26 | | Support Program. |
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| 1 | | For purposes of this Section, "real estate-related | 2 | | document" means that term as it is defined in Section 7 of the | 3 | | Rental Housing Support Program Act.
| 4 | | The foregoing fees allowed by this Section are the maximum | 5 | | fees that
may be collected from any officer, agency, | 6 | | department or other
instrumentality of the State. The county | 7 | | board may, however, by ordinance or resolution,
increase the | 8 | | fees allowed by this Section and collect such increased fees
| 9 | | from all persons and entities other than officers, agencies, | 10 | | departments
and other instrumentalities of the State if the | 11 | | increase is justified by an
acceptable cost study showing that | 12 | | the fees allowed by this Section are not
sufficient to cover | 13 | | the cost of providing the service.
Regardless of any other | 14 | | provision in this Section, the maximum fee that may
be | 15 | | collected from the Department of Revenue for filing or | 16 | | indexing a
lien, certificate of lien release or subordination, | 17 | | or any other type of notice
or other documentation affecting | 18 | | or concerning a lien is $5. Regardless of
any other provision | 19 | | in this Section, the maximum fee that may be collected from
the | 20 | | Department of Revenue for indexing each additional name in | 21 | | excess
of one for any lien, certificate of lien release or | 22 | | subordination, or any other
type of notice or other | 23 | | documentation affecting or concerning a lien is $1. | 24 | | A statement of the costs of providing each service, | 25 | | program and activity
shall be prepared by the county board. | 26 | | All supporting documents shall be
public record and subject to |
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| 1 | | public examination and audit. All direct and
indirect costs, | 2 | | as defined in the United States Office of Management and
| 3 | | Budget Circular A-87, may be included in the determination of | 4 | | the costs of
each service, program and activity. | 5 | | (Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19 .)
| 6 | | (55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
| 7 | | Sec. 3-5024. Certificate of time of filing. When any | 8 | | instrument
in writing is recorded in the recorder's office, | 9 | | the recorder shall indorse
upon such instrument a certificate | 10 | | of the time (including the hour of the
day) when the same was | 11 | | received for recordation (which shall be considered
the time | 12 | | of recording the same), and the book and page in which the same | 13 | | is
recorded. The recorder shall sign the certificate or shall | 14 | | affix his
facsimile signature thereto. A physical or | 15 | | electronic image of the recorder's stamp satisfies the | 16 | | signature requirement for recorded instruments prior to, on, | 17 | | and after the effective date of this amendatory Act of the | 18 | | 102nd General Assembly.
| 19 | | The certificate, when signed by the recorder, or to which | 20 | | he has affixed
his facsimile signature or a physical or | 21 | | electronic image of the recorder's stamp , shall be evidence of | 22 | | the facts therein stated.
| 23 | | (Source: P.A. 86-962.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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