State of Illinois
92nd General Assembly
Legislation

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92_SB0189

 
                                               LRB9203388MWpk

 1        AN ACT concerning county offices.

 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 3-5036 as follows:

 6        (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
 7        (Text of Section before amendment by P.A. 91-893)
 8        Sec. 3-5018.  Fees.  The recorder elected as provided for
 9    in  this  Division  shall  receive such fees as are or may be
10    provided for him by  law,  in  case  of  provision  therefor:
11    otherwise  he  shall  receive  the same fees as are or may be
12    provided in this Section, except  when  increased  by  county
13    ordinance  pursuant  to the provisions of this Section, to be
14    paid to the county clerk for his services in  the  office  of
15    recorder  for  like services.  No filing fee shall be charged
16    for providing informational copies of financing statements to
17    the recorder pursuant to subsection (8) of Section  9-403  of
18    the Uniform Commercial Code.
19        For  recording  deeds  or  other  instruments $12 for the
20    first 4 pages thereof,  plus  $1  for  each  additional  page
21    thereof,  plus $1 for each additional document number therein
22    noted.  The aggregate  minimum  fee  for  recording  any  one
23    instrument shall not be less than $12.
24        For  recording  deeds  or  other  instruments wherein the
25    premises affected thereby are referred to by document  number
26    and  not by legal description a fee of $1 in addition to that
27    hereinabove referred to  for  each  document  number  therein
28    noted.
29        For  recording  assignments of mortgages, leases or liens
30    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
31    additional page thereof.   However,  except  for  leases  and
 
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 1    liens  pertaining  to oil, gas and other minerals, whenever a
 2    mortgage, lease or lien  assignment  assigns  more  than  one
 3    mortgage,  lease  or lien document, a $7 fee shall be charged
 4    for the recording  of  each  such  mortgage,  lease  or  lien
 5    document after the first one.
 6        For  recording maps or plats of additions or subdivisions
 7    approved  by  the  county  or  municipality  (including   the
 8    spreading  of  the same of record in map case or other proper
 9    books) or plats of condominiums $50 for the first page,  plus
10    $1  for  each additional page thereof except that in the case
11    of recording a single page, legal size 8 1/2 x  14,  plat  of
12    survey in which there are no more than two lots or parcels of
13    land,  the  fee shall be $12.  In each county where such maps
14    or plats are to be recorded, the  recorder  may  require  the
15    same  to  be  accompanied  by  such number of exact, true and
16    legible copies thereof as the recorder  deems  necessary  for
17    the efficient conduct and operation of his office.
18        For  certified  copies  of  records  the same fees as for
19    recording, but in no case shall the fee for a certified  copy
20    of  a  map  or  plat of an addition, subdivision or otherwise
21    exceed $10.
22        Each certificate of such recorder of the recording of the
23    deed or other writing and of the date of recording  the  same
24    signed  by such recorder, shall be sufficient evidence of the
25    recording  thereof,  and  such  certificate   including   the
26    indexing  of  record,  shall be furnished upon the payment of
27    the fee for recording the instrument, and no  additional  fee
28    shall be allowed for the certificate or indexing.
29        The recorder shall charge an additional fee, in an amount
30    equal  to  the fee otherwise provided by law, for recording a
31    document (other than a document filed under the Plat  Act  or
32    the  Uniform  Commercial  Code)  that does not conform to the
33    following standards:
34             (1)  The document  shall  consist  of  one  or  more
 
                            -3-                LRB9203388MWpk
 1        individual  sheets measuring 8.5 inches by 11 inches, not
 2        permanently bound and not a  continuous  form.    Graphic
 3        displays  accompanying  a  document  to  be recorded that
 4        measure up to 11 inches by 17 inches  shall  be  recorded
 5        without charging an additional fee.
 6             (2)  The  document shall be legibly printed in black
 7        ink, by hand, type, or computer.   Signatures  and  dates
 8        may  be  in  contrasting  colors  if  they will reproduce
 9        clearly.
10             (3)  The document shall be on  white  paper  of  not
11        less  than  20-pound weight and shall have a clean margin
12        of at least one-half inch on the  top,  the  bottom,  and
13        each   side.   Margins  may  be  used  for  non-essential
14        notations that  will  not  affect  the  validity  of  the
15        document, including but not limited to form numbers, page
16        numbers, and customer notations.
17             (4)  The  first page of the document shall contain a
18        blank space, measuring at least 3  inches  by  5  inches,
19        from the upper right corner.
20             (5)  The  document  shall  not  have  any attachment
21        stapled or otherwise affixed to any page.
22    A document that does not conform to these standards shall not
23    be  recorded  except  upon  payment  of  the  additional  fee
24    required under this paragraph.  This paragraph, as amended by
25    this amendatory Act of 1995, applies only to documents  dated
26    after the effective date of this amendatory Act of 1995.
27        The  county  board  of  any  county  may  provide  for an
28    additional charge of $3 for filing every  instrument,  paper,
29    or  notice  for  record,  in  order to defray the cost of the
30    county  recorder's  operations  that  relate  to   computers,
31    micrographics, or other means of automating books and records
32    converting  the  county recorder's document storage system to
33    computers or micrographics.
34        A special fund shall be set up by the  treasurer  of  the
 
                            -4-                LRB9203388MWpk
 1    county,  and  such  funds collected pursuant to the preceding
 2    paragraph Public Act 83-1321 shall be  used  solely  for  the
 3    costs and necessary expenses incurred by a county recorder to
 4    implement and maintain the automation of books and records by
 5    computers,  micrographics,  or  any  other  means  a document
 6    storage  system  to  provide  the  equipment,  materials  and
 7    necessary expenses incurred  to  help  defray  the  costs  of
 8    implementing and maintaining such a document records system.
 9        The   county  board  of  any  county  that  provides  and
10    maintains a countywide map through a  Geographic  Information
11    System  (GIS)  may provide for an additional charge of $3 for
12    filing every instrument, paper, or notice for record in order
13    to  defray  the  cost  of  implementing  or  maintaining  the
14    county's Geographic Information System.  Of that  amount,  $2
15    must be deposited into a special fund set up by the treasurer
16    of  the  county,  and  any  moneys collected pursuant to this
17    amendatory Act of the 91st  General  Assembly  and  deposited
18    into  that  fund  must  be  used  solely  for  the equipment,
19    materials, and necessary expenses  incurred  in  implementing
20    and   maintaining  a  Geographic  Information  System.    The
21    remaining $1 must be deposited into  the  recorder's  special
22    funds  created  under Section 3-5005.4.  The recorder may, in
23    his or her discretion, use moneys in the funds created  under
24    Section  3-5005.4  to  defray  the  cost  of  implementing or
25    maintaining the county's Geographic Information System.
26        The foregoing  fees  allowed  by  this  Section  are  the
27    maximum  fees that may be collected from any officer, agency,
28    department or other instrumentality of the State.  The county
29    board may, however, by ordinance, increase the  fees  allowed
30    by  this  Section  and  collect  such increased fees from all
31    persons  and  entities   other   than   officers,   agencies,
32    departments  and  other instrumentalities of the State if the
33    increase is justified by an  acceptable  cost  study  showing
34    that  the  fees allowed by this Section are not sufficient to
 
                            -5-                LRB9203388MWpk
 1    cover the cost of providing the service.
 2        A statement of  the  costs  of  providing  each  service,
 3    program  and  activity shall be prepared by the county board.
 4    All supporting documents shall be public record  and  subject
 5    to  public  examination  and  audit.  All direct and indirect
 6    costs, as defined in the United States Office  of  Management
 7    and   Budget   Circular   A-87,   may   be  included  in  the
 8    determination of the  costs  of  each  service,  program  and
 9    activity.
10    (Source: P.A.  90-300,  eff.  1-1-98;  91-791,  eff.  6-9-00;
11    91-886, eff. 1-1-01.)

12        (Text of Section after amendment by P.A. 91-893)
13        Sec. 3-5018.  Fees.  The recorder elected as provided for
14    in  this  Division  shall  receive such fees as are or may be
15    provided for him by  law,  in  case  of  provision  therefor:
16    otherwise  he  shall  receive  the same fees as are or may be
17    provided in this Section, except  when  increased  by  county
18    ordinance  pursuant  to the provisions of this Section, to be
19    paid to the county clerk for his services in  the  office  of
20    recorder for like services.
21        For  recording  deeds  or  other  instruments $12 for the
22    first 4 pages thereof,  plus  $1  for  each  additional  page
23    thereof,  plus $1 for each additional document number therein
24    noted.  The aggregate  minimum  fee  for  recording  any  one
25    instrument shall not be less than $12.
26        For  recording  deeds  or  other  instruments wherein the
27    premises affected thereby are referred to by document  number
28    and  not by legal description a fee of $1 in addition to that
29    hereinabove referred to  for  each  document  number  therein
30    noted.
31        For  recording  assignments of mortgages, leases or liens
32    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
33    additional page thereof.   However,  except  for  leases  and
34    liens  pertaining  to oil, gas and other minerals, whenever a
 
                            -6-                LRB9203388MWpk
 1    mortgage, lease or lien  assignment  assigns  more  than  one
 2    mortgage,  lease  or lien document, a $7 fee shall be charged
 3    for the recording  of  each  such  mortgage,  lease  or  lien
 4    document after the first one.
 5        For  recording maps or plats of additions or subdivisions
 6    approved  by  the  county  or  municipality  (including   the
 7    spreading  of  the same of record in map case or other proper
 8    books) or plats of condominiums $50 for the first page,  plus
 9    $1  for  each additional page thereof except that in the case
10    of recording a single page, legal size 8 1/2 x  14,  plat  of
11    survey in which there are no more than two lots or parcels of
12    land,  the  fee shall be $12.  In each county where such maps
13    or plats are to be recorded, the  recorder  may  require  the
14    same  to  be  accompanied  by  such number of exact, true and
15    legible copies thereof as the recorder  deems  necessary  for
16    the efficient conduct and operation of his office.
17        For  certified  copies  of  records  the same fees as for
18    recording, but in no case shall the fee for a certified  copy
19    of  a  map  or  plat of an addition, subdivision or otherwise
20    exceed $10.
21        Each certificate of such recorder of the recording of the
22    deed or other writing and of the date of recording  the  same
23    signed  by such recorder, shall be sufficient evidence of the
24    recording  thereof,  and  such  certificate   including   the
25    indexing  of  record,  shall be furnished upon the payment of
26    the fee for recording the instrument, and no  additional  fee
27    shall be allowed for the certificate or indexing.
28        The recorder shall charge an additional fee, in an amount
29    equal  to  the fee otherwise provided by law, for recording a
30    document (other than a document filed under the Plat  Act  or
31    the  Uniform  Commercial  Code)  that does not conform to the
32    following standards:
33             (1)  The document  shall  consist  of  one  or  more
34        individual  sheets measuring 8.5 inches by 11 inches, not
 
                            -7-                LRB9203388MWpk
 1        permanently bound and not a  continuous  form.    Graphic
 2        displays  accompanying  a  document  to  be recorded that
 3        measure up to 11 inches by 17 inches  shall  be  recorded
 4        without charging an additional fee.
 5             (2)  The  document shall be legibly printed in black
 6        ink, by hand, type, or computer.   Signatures  and  dates
 7        may  be  in  contrasting  colors  if  they will reproduce
 8        clearly.
 9             (3)  The document shall be on  white  paper  of  not
10        less  than  20-pound weight and shall have a clean margin
11        of at least one-half inch on the  top,  the  bottom,  and
12        each   side.   Margins  may  be  used  for  non-essential
13        notations that  will  not  affect  the  validity  of  the
14        document, including but not limited to form numbers, page
15        numbers, and customer notations.
16             (4)  The  first page of the document shall contain a
17        blank space, measuring at least 3  inches  by  5  inches,
18        from the upper right corner.
19             (5)  The  document  shall  not  have  any attachment
20        stapled or otherwise affixed to any page.
21    A document that does not conform to these standards shall not
22    be  recorded  except  upon  payment  of  the  additional  fee
23    required under this paragraph.  This paragraph, as amended by
24    this amendatory Act of 1995, applies only to documents  dated
25    after the effective date of this amendatory Act of 1995.
26        The  county  board  of  any  county  may  provide  for an
27    additional charge of $3 for filing every  instrument,  paper,
28    or  notice  for  record,  in order to defray the cost of  the
29    county  recorder's  operations  that  relate  to   computers,
30    micrographics, or other means of automating books and records
31    converting  the  county recorder's document storage system to
32    computers or micrographics.
33        A special fund shall be set up by the  treasurer  of  the
34    county,  and  such  funds collected pursuant to the preceding
 
                            -8-                LRB9203388MWpk
 1    paragraph Public Act 83-1321 shall be  used  solely  for  the
 2    costs and necessary expenses incurred by a county recorder to
 3    implement and maintain the automation of books and records by
 4    computers,  micrographics,  or  any  other  means  a document
 5    storage  system  to  provide  the  equipment,  materials  and
 6    necessary expenses incurred  to  help  defray  the  costs  of
 7    implementing and maintaining such a document records system.
 8        The   county  board  of  any  county  that  provides  and
 9    maintains a countywide map through a  Geographic  Information
10    System  (GIS)  may provide for an additional charge of $3 for
11    filing every instrument, paper, or notice for record in order
12    to  defray  the  cost  of  implementing  or  maintaining  the
13    county's Geographic Information System.  Of that  amount,  $2
14    must be deposited into a special fund set up by the treasurer
15    of  the  county,  and  any  moneys collected pursuant to this
16    amendatory Act of the 91st  General  Assembly  and  deposited
17    into  that  fund  must  be  used  solely  for  the equipment,
18    materials, and necessary expenses  incurred  in  implementing
19    and   maintaining  a  Geographic  Information  System.    The
20    remaining $1 must be deposited into  the  recorder's  special
21    funds  created  under Section 3-5005.4.  The recorder may, in
22    his or her discretion, use moneys in the funds created  under
23    Section  3-5005.4  to  defray  the  cost  of  implementing or
24    maintaining the county's Geographic Information System.
25        The foregoing  fees  allowed  by  this  Section  are  the
26    maximum  fees that may be collected from any officer, agency,
27    department or other instrumentality of the State.  The county
28    board may, however, by ordinance, increase the  fees  allowed
29    by  this  Section  and  collect  such increased fees from all
30    persons  and  entities   other   than   officers,   agencies,
31    departments  and  other instrumentalities of the State if the
32    increase is justified by an  acceptable  cost  study  showing
33    that  the  fees allowed by this Section are not sufficient to
34    cover the cost of providing the service.
 
                            -9-                LRB9203388MWpk
 1        A statement of  the  costs  of  providing  each  service,
 2    program  and  activity shall be prepared by the county board.
 3    All supporting documents shall be public record  and  subject
 4    to  public  examination  and  audit.  All direct and indirect
 5    costs, as defined in the United States Office  of  Management
 6    and   Budget   Circular   A-87,   may   be  included  in  the
 7    determination of the  costs  of  each  service,  program  and
 8    activity.
 9    (Source: P.A.  90-300,  eff.  1-1-98;  91-791,  eff.  6-9-00;
10    91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)

11        (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)
12        Sec.  3-5036.   Records  open to inspection. All records,
13    indices, abstract and other books kept in the office  of  any
14    recorder,   and   all   instruments  filed  therein  and  all
15    instruments deposited or left for recordation therein  shall,
16    during  the  office  hours, be open for public inspection and
17    examination; and all  persons  shall  have  free  access  for
18    inspection  and  examination  to such records, indices, books
19    and instruments,  which  the  recorders  shall  be  bound  to
20    exhibit to those who wish to inspect or examine the same; and
21    all  persons  shall  have  the  right  to  take memoranda and
22    abstracts thereof without fee  or  reward.  This  Section  is
23    subject to the provisions of "The Local Records Act".
24        Records,  indices, abstracts, and other books kept in the
25    recorder's office and instruments filed, deposited,  or  left
26    for   recordation  in  the  recorder's  office  may  be  made
27    available by the county recorder on the World Wide Web.   The
28    county  recorder may charge any person who accesses or copies
29    records from a World Wide Web site maintained by  the  county
30    recorder  a  reasonable fee.  This amendatory Act of the 92nd
31    General Assembly does not alter or satisfy any duties of  the
32    county   recorder   to  keep,  maintain,  or  otherwise  make
33    available the records of  the  county  recorder's  office  as
 
                            -10-               LRB9203388MWpk
 1    required by law.
 2    (Source: P.A. 86-962.)

 3        Section  95.   No  acceleration or delay.  Where this Act
 4    makes changes in a statute that is represented in this Act by
 5    text that is not yet or no longer in effect (for  example,  a
 6    Section  represented  by  multiple versions), the use of that
 7    text does not accelerate or delay the taking  effect  of  (i)
 8    the  changes made by this Act or (ii) provisions derived from
 9    any other Public Act.

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

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