Illinois General Assembly - Full Text of SB2495
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Full Text of SB2495  99th General Assembly



State of Illinois
2015 and 2016


Introduced 2/9/2016, by Sen. Melinda Bush


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.

LRB099 18868 AWJ 43253 b





SB2495LRB099 18868 AWJ 43253 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing Section
53-5018 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
8in this Division shall receive such fees as are or may be
9provided for him or her by law, in case of provision therefor:
10otherwise he or she shall receive the same fees as are or may
11be provided in this Section, except when increased by county
12ordinance pursuant to the provisions of this Section, to be
13paid to the county clerk for his or her services in the office
14of recorder for like services.
15    For recording deeds or other instruments, $12 for the first
164 pages thereof, plus $1 for each additional page thereof, plus
17$1 for each additional document number therein noted. The
18aggregate minimum fee for recording any one instrument shall
19not be less than $12.
20    For recording deeds or other instruments wherein the
21premises affected thereby are referred to by document number
22and not by legal description, a fee of $1 in addition to that
23hereinabove referred to for each document number therein noted.



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1    For recording assignments of mortgages, leases or liens,
2$12 for the first 4 pages thereof, plus $1 for each additional
3page thereof. However, except for leases and liens pertaining
4to oil, gas and other minerals, whenever a mortgage, lease or
5lien assignment assigns more than one mortgage, lease or lien
6document, a $7 fee shall be charged for the recording of each
7such mortgage, lease or lien document after the first one.
8    For recording any document that affects an interest in real
9property other than documents which solely affect or relate to
10an easement for water, sewer, electricity, gas, telephone or
11other public service, the recorder shall charge a fee of $1 per
12document to all filers of documents not filed by any State
13agency, any unit of local government, or any school district.
14Fifty cents of the $1 fee hereby established shall be deposited
15into the County General Revenue Fund. The remaining $0.50 shall
16be deposited into the Recorder's Automation Fund and may not be
17appropriated or expended for any other purpose. The additional
18amounts available to the recorder for expenditure from the
19Recorder's Automation Fund shall not offset or reduce any other
20county appropriations or funding for the office of the
22    For recording maps or plats of additions or subdivisions
23approved by the county or municipality (including the spreading
24of the same of record in map case or other proper books) or
25plats of condominiums, $50 for the first page, plus $1 for each
26additional page thereof except that in the case of recording a



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1single page, legal size 8 1/2 x 14, plat of survey in which
2there are no more than two lots or parcels of land, the fee
3shall be $12. In each county where such maps or plats are to be
4recorded, the recorder may require the same to be accompanied
5by such number of exact, true and legible copies thereof as the
6recorder deems necessary for the efficient conduct and
7operation of his or her office.
8    For non-certified copies of records, an amount not to
9exceed one-half of the amount provided in this Section for
10certified copies, according to a standard scale of fees,
11established by county ordinance and made public. The provisions
12of this paragraph shall not be applicable to any person or
13entity who obtains non-certified copies of records in the
14following manner: (i) in bulk for all documents recorded on any
15given day in an electronic or paper format for a negotiated
16amount less than the amount provided for in this paragraph for
17non-certified copies, (ii) under a contractual relationship
18with the recorder for a negotiated amount less than the amount
19provided for in this paragraph for non-certified copies,
20or (iii) by means of Internet access pursuant to Section
22    For certified copies of records, the same fees as for
23recording, but in no case shall the fee for a certified copy of
24a map or plat of an addition, subdivision or otherwise exceed
26    Each certificate of such recorder of the recording of the



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



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



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



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1shall be marked upon or otherwise affixed to the real
2estate-related document by the recorder. The form of this
3receipt shall be prescribed by the Department of Revenue and
4the receipts shall be issued by the Department of Revenue to
5each county recorder.
6    The recorder shall not collect the Rental Housing Support
7Program State surcharge from any State agency, any unit of
8local government or any school district.
9    On the 15th day of each month, each county recorder shall
10report to the Department of Revenue, on a form prescribed by
11the Department, the number of real estate-related documents
12recorded for which the Rental Housing Support Program State
13surcharge was collected. Each recorder shall submit $9 of each
14surcharge collected in the preceding month to the Department of
15Revenue and the Department shall deposit these amounts in the
16Rental Housing Support Program Fund. Subject to appropriation,
17amounts in the Fund may be expended only for the purpose of
18funding and administering the Rental Housing Support Program.
19    For purposes of this Section, "real estate-related
20document" means that term as it is defined in Section 7 of the
21Rental Housing Support Program Act.
22    The foregoing fees allowed by this Section are the maximum
23fees that may be collected from any officer, agency, department
24or other instrumentality of the State. The county board may,
25however, by ordinance, increase the fees allowed by this
26Section and collect such increased fees from all persons and



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1entities other than officers, agencies, departments and other
2instrumentalities of the State if the increase is justified by
3an acceptable cost study showing that the fees allowed by this
4Section are not sufficient to cover the cost of providing the
5service. Regardless of any other provision in this Section, the
6maximum fee that may be collected from the Department of
7Revenue for filing or indexing a lien, certificate of lien
8release or subordination, or any other type of notice or other
9documentation affecting or concerning a lien is $5. Regardless
10of any other provision in this Section, the maximum fee that
11may be collected from the Department of Revenue for indexing
12each additional name in excess of one for any lien, certificate
13of lien release or subordination, or any other type of notice
14or other documentation affecting or concerning a lien is $1.
15    A statement of the costs of providing each service, program
16and activity shall be prepared by the county board. All
17supporting documents shall be public record and subject to
18public examination and audit. All direct and indirect costs, as
19defined in the United States Office of Management and Budget
20Circular A-87, may be included in the determination of the
21costs of each service, program and activity.
22(Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; 98-756,
23eff. 7-16-14.)