Illinois General Assembly - Full Text of SB2278
Illinois General Assembly

Previous General Assemblies

Full Text of SB2278  96th General Assembly

SB2278 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2278

 

Introduced 2/20/2009, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-5018   from Ch. 34, par. 3-5018

    Amends the Counties Code. Makes a technical change to a Section concerning the county recorder's fee.


LRB096 11592 RLJ 22080 b

 

 

A BILL FOR

 

SB2278 LRB096 11592 RLJ 22080 b

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 Section
5 3-5018 as follows:
 
6     (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
7     Sec. 3-5018. Fees. The 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 first
16 4 pages thereof, plus $1 for each additional page thereof, plus
17 $1 for each additional document number therein noted. The
18 aggregate minimum fee for recording any one instrument shall
19 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 noted.

 

 

SB2278 - 2 - LRB096 11592 RLJ 22080 b

1     For recording assignments of mortgages, leases or liens $12
2 for the first 4 pages thereof, plus $1 for each additional page
3 thereof. However, except for leases and liens pertaining to
4 oil, gas and other minerals, whenever a mortgage, lease or lien
5 assignment assigns more than one mortgage, lease or lien
6 document, a $7 fee shall be charged for the recording of each
7 such mortgage, lease or lien document after the first one.
8     For recording maps or plats of additions or subdivisions
9 approved by the county or municipality (including the spreading
10 of the same of record in map case or other proper books) or
11 plats of condominiums $50 for the first page, plus $1 for each
12 additional page thereof except that in the case of recording a
13 single page, legal size 8 1/2 x 14, plat of survey in which
14 there are no more than two lots or parcels of land, the fee
15 shall be $12. In each county where such maps or plats are to be
16 recorded, the recorder may require the same to be accompanied
17 by such number of exact, true and legible copies thereof as the
18 recorder deems necessary for the efficient conduct and
19 operation of his office.
20     For certified copies of records the same fees as for
21 recording, but in no case shall the fee for a certified copy of
22 a map or plat of an addition, subdivision or otherwise exceed
23 $10.
24     Each certificate of such recorder of the recording of the
25 deed or other writing and of the date of recording the same
26 signed by such recorder, shall be sufficient evidence of the

 

 

SB2278 - 3 - LRB096 11592 RLJ 22080 b

1 recording thereof, and such certificate including the indexing
2 of record, shall be furnished upon the payment of the fee for
3 recording the instrument, and no additional fee shall be
4 allowed for the certificate or indexing.
5     The recorder shall charge an additional fee, in an amount
6 equal to the fee otherwise provided by law, for recording a
7 document (other than a document filed under the Plat Act or the
8 Uniform Commercial Code) that does not conform to the following
9 standards:
10         (1) The document shall consist of one or more
11     individual sheets measuring 8.5 inches by 11 inches, not
12     permanently bound and not a continuous form. Graphic
13     displays accompanying a document to be recorded that
14     measure up to 11 inches by 17 inches shall be recorded
15     without charging an additional fee.
16         (2) The document shall be legibly printed in black ink,
17     by hand, type, or computer. Signatures and dates may be in
18     contrasting colors if they will reproduce clearly.
19         (3) The document shall be on white paper of not less
20     than 20-pound weight and shall have a clean margin of at
21     least one-half inch on the top, the bottom, and each side.
22     Margins may be used for non-essential notations that will
23     not affect the validity of the document, including but not
24     limited to form numbers, page numbers, and customer
25     notations.
26         (4) The first page of the document shall contain a

 

 

SB2278 - 4 - LRB096 11592 RLJ 22080 b

1     blank space, measuring at least 3 inches by 5 inches, from
2     the upper right corner.
3         (5) The document shall not have any attachment stapled
4     or otherwise affixed to any page.
5 A document that does not conform to these standards shall not
6 be recorded except upon payment of the additional fee required
7 under this paragraph. This paragraph, as amended by this
8 amendatory Act of 1995, applies only to documents dated after
9 the effective date of this amendatory Act of 1995.
10     The county board of any county may provide for an
11 additional charge of $3 for filing every instrument, paper, or
12 notice for record, (1) in order to defray the cost of
13 converting the county recorder's document storage system to
14 computers or micrographics and (2) in order to defray the cost
15 of providing access to records through the global information
16 system known as the Internet.
17     A special fund shall be set up by the treasurer of the
18 county and such funds collected pursuant to Public Act 83-1321
19 shall be used (1) for a document storage system to provide the
20 equipment, materials and necessary expenses incurred to help
21 defray the costs of implementing and maintaining such a
22 document records system and (2) for a system to provide
23 electronic access to those records.
24     The county board of any county that provides and maintains
25 a countywide map through a Geographic Information System (GIS)
26 may provide for an additional charge of $3 for filing every

 

 

SB2278 - 5 - LRB096 11592 RLJ 22080 b

1 instrument, paper, or notice for record (1) in order to defray
2 the cost of implementing or maintaining the county's Geographic
3 Information System and (2) in order to defray the cost of
4 providing electronic access to the county's Geographic
5 Information System records. Of that amount, $2 must be
6 deposited into a special fund set up by the treasurer of the
7 county, and any moneys collected pursuant to this amendatory
8 Act of the 91st General Assembly and deposited into that fund
9 must be used solely for the equipment, materials, and necessary
10 expenses incurred in implementing and maintaining a Geographic
11 Information System and in order to defray the cost of providing
12 electronic access to the county's Geographic Information
13 System records. The remaining $1 must be deposited into the
14 recorder's special funds created under Section 3-5005.4. The
15 recorder may, in his or her discretion, use moneys in the funds
16 created under Section 3-5005.4 to defray the cost of
17 implementing or maintaining the county's Geographic
18 Information System and to defray the cost of providing
19 electronic access to the county's Geographic Information
20 System records.
21     The recorder shall collect a $10 Rental Housing Support
22 Program State surcharge for the recordation of any real
23 estate-related document. Payment of the Rental Housing Support
24 Program State surcharge shall be evidenced by a receipt that
25 shall be marked upon or otherwise affixed to the real
26 estate-related document by the recorder. The form of this

 

 

SB2278 - 6 - LRB096 11592 RLJ 22080 b

1 receipt shall be prescribed by the Department of Revenue and
2 the receipts shall be issued by the Department of Revenue to
3 each county recorder.
4     The recorder shall not collect the Rental Housing Support
5 Program State surcharge from any State agency, any unit of
6 local government or any school district.
7     One dollar of each surcharge shall be retained by the
8 county in which it was collected. This dollar shall be
9 deposited into the county's general revenue fund. Fifty cents
10 of that amount shall be used for the costs of administering the
11 Rental Housing Support Program State surcharge and any other
12 lawful expenditures for the operation of the office of the
13 recorder and may not be appropriated or expended for any other
14 purpose. The amounts available to the recorder for expenditure
15 from the surcharge shall not offset or reduce any other county
16 appropriations or funding for the office of the recorder.
17     On the 15th day of each month, each county recorder shall
18 report to the Department of Revenue, on a form prescribed by
19 the Department, the number of real estate-related documents
20 recorded for which the Rental Housing Support Program State
21 surcharge was collected. Each recorder shall submit $9 of each
22 surcharge collected in the preceding month to the Department of
23 Revenue and the Department shall deposit these amounts in the
24 Rental Housing Support Program Fund. Subject to appropriation,
25 amounts in the Fund may be expended only for the purpose of
26 funding and administering the Rental Housing Support Program.

 

 

SB2278 - 7 - LRB096 11592 RLJ 22080 b

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, department
6 or other instrumentality of the State. The county board may,
7 however, by ordinance, increase the fees allowed by this
8 Section and collect such increased fees from all persons and
9 entities other than officers, agencies, departments and other
10 instrumentalities of the State if the increase is justified by
11 an acceptable cost study showing that the fees allowed by this
12 Section are not sufficient to cover the cost of providing the
13 service. Regardless of any other provision in this Section, the
14 maximum fee that may be collected from the Department of
15 Revenue for filing or indexing a lien, certificate of lien
16 release or subordination, or any other type of notice or other
17 documentation affecting or concerning a lien is $5. Regardless
18 of any other provision in this Section, the maximum fee that
19 may be collected from the Department of Revenue for indexing
20 each additional name in excess of one for any lien, certificate
21 of lien release or subordination, or any other type of notice
22 or other documentation affecting or concerning a lien is $1.
23     A statement of the costs of providing each service, program
24 and activity shall be prepared by the county board. All
25 supporting documents shall be public record and subject to
26 public examination and audit. All direct and indirect costs, as

 

 

SB2278 - 8 - LRB096 11592 RLJ 22080 b

1 defined in the United States Office of Management and Budget
2 Circular A-87, may be included in the determination of the
3 costs of each service, program and activity.
4 (Source: P.A. 93-256, eff. 7-22-03; 94-118, eff. 7-5-05.)