State of Illinois
91st General Assembly
Legislation

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91_HB0840enr

 
HB0840 Enrolled                                LRB9103344PTpk

 1        AN ACT concerning local governments.

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

 4        Section  5.  The Local Records Act is amended by changing
 5    Section 7 as follows:

 6        (50 ILCS 205/7) (from Ch. 116, par. 43.107)
 7        Sec. 7.  Disposition rules.  Except as otherwise provided
 8    by law, no public record shall be disposed of by any  officer
 9    or  agency  unless  the  written  approval of the appropriate
10    Local Records Commission is first obtained.
11        The Commission shall issue  regulations  which  shall  be
12    binding   on   all  such  officers.  Such  regulations  shall
13    establish procedures for  compiling  and  submitting  to  the
14    Commission lists and schedules of public records proposed for
15    disposal;  procedures  for  the physical destruction or other
16    disposition of such public records;  and  standards  for  the
17    reproduction   of   such   public   records  by  photography,
18    microphotographic processes, or digitized electronic  format.
19    Such  standards shall relate to the quality of the film to be
20    used, preparation  of  the  public  records  for  filming  or
21    electronic  conversion,  proper identification matter on such
22    records so that an individual document or series of documents
23    can be located on the film or digitized electronic form  with
24    reasonable   facility,   and  that  the  copies  contain  all
25    significant record detail, to the end that the copies will be
26    adequate. Any public record may be reproduced in a  microfilm
27    or digitized electronic format. The agency may dispose of the
28    original of any reproduced record Those records for which the
29    Commission  has  given  or  does  give  written  approval for
30    disposal after a retention period of 10 years or less may  be
31    digitized  and  disposed  of  providing: (i) the reproduction
 
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 1    process forms a durable medium that  accurately  and  legibly
 2    reproduces  the original record in all details, and that does
 3    not permit additions, deletions, or changes to  the  original
 4    document  images,  and, if electronic, that are retained in a
 5    trustworthy manner so that the records, and  the  information
 6    contained  in  the  records,  are  accessible and  usable for
 7    subsequent reference at all times while the information  must
 8    be  retained,    (ii)  the  reproduction  is retained for the
 9    prescribed retention period,  and  (iii)  the  Commission  is
10    notified  when  the  original  record is disposed of and also
11    when the reproduced digitized record is disposed  of.   Those
12    records  for  which  the  Commission  has  given or does give
13    written approval for disposal after  a  retention  period  of
14    more  than  10 years or for which the Commission has required
15    or does require permanent  retention  may  be  digitized  and
16    disposed  of  providing: (i) the reproduction process forms a
17    durable medium that accurately  and  legibly  reproduces  the
18    original  record  in  all  details  and  that does not permit
19    additions, deletions, or changes  to  the  original  document
20    images,  (ii)  the records are also reproduced in a microfilm
21    format that is in compliance with Commission regulations  and
22    that  is retained for the written retention period, and (iii)
23    the Commission  is  notified  when  the  original  record  is
24    disposed  of and also when the microfilmed record is disposed
25    of.
26        Such  regulations  shall  also  provide  that  the  State
27    archivist may retain any records  which  the  Commission  has
28    authorized  to  be  destroyed,  where  they have a historical
29    value, and that the State archivist may deposit them  in  the
30    State  Archives,  State  Historical  Library, or a university
31    library, or with a historical society, museum, or library.
32    (Source: P.A. 89-272, eff. 8-10-95; 90-701, eff. 1-1-99.)

33        Section 10.  The Counties Code  is  amended  by  changing
 
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 1    Section 3-5018 as follows:

 2        (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
 3        Sec. 3-5018.  Fees.  The recorder elected as provided for
 4    in  this  Division  shall  receive such fees as are or may be
 5    provided for him by  law,  in  case  of  provision  therefor:
 6    otherwise  he  shall  receive  the same fees as are or may be
 7    provided in this Section, except  when  increased  by  county
 8    ordinance  pursuant  to the provisions of this Section, to be
 9    paid to the county clerk for his services in  the  office  of
10    recorder  for  like  services. No filing fee shall be charged
11    for providing informational copies of financing statements to
12    the recorder pursuant to subsection (8) of Section  9-403  of
13    the Uniform Commercial Code.
14        For  recording  deeds  or  other  instruments $12 for the
15    first 4 pages thereof,  plus  $1  for  each  additional  page
16    thereof,  plus $1 for each additional document number therein
17    noted. The  aggregate  minimum  fee  for  recording  any  one
18    instrument shall not be less than $12.
19        For  recording  deeds  or  other  instruments wherein the
20    premises affected thereby are referred to by document  number
21    and  not by legal description a fee of $1 in addition to that
22    hereinabove referred to  for  each  document  number  therein
23    noted.
24        For  recording  assignments of mortgages, leases or liens
25    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
26    additional page thereof.   However,  except  for  leases  and
27    liens  pertaining  to oil, gas and other minerals, whenever a
28    mortgage, lease or lien  assignment  assigns  more  than  one
29    mortgage,  lease  or lien document, a $7 fee shall be charged
30    for the recording  of  each  such  mortgage,  lease  or  lien
31    document after the first one.
32        For  recording maps or plats of additions or subdivisions
33    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
 4    of recording a single page, legal size 8 1/2 x  14,  plat  of
 5    survey in which there are no more than two lots or parcels of
 6    land,  the  fee shall be $12.  In each county where such maps
 7    or plats are to be recorded, the  recorder  may  require  the
 8    same  to  be  accompanied  by  such number of exact, true and
 9    legible copies thereof as the recorder  deems  necessary  for
10    the efficient conduct and operation of his office.
11        For  certified  copies  of  records  the same fees as for
12    recording, but in no case shall the fee for a certified  copy
13    of  a  map  or  plat of an addition, subdivision or otherwise
14    exceed $10.
15        Each certificate of such recorder of the recording of the
16    deed or other writing and of the date of recording  the  same
17    signed  by such recorder, shall be sufficient evidence of the
18    recording  thereof,  and  such  certificate   including   the
19    indexing  of  record,  shall be furnished upon the payment of
20    the fee for recording the instrument, and no  additional  fee
21    shall be allowed for the certificate or indexing.
22        The recorder shall charge an additional fee, in an amount
23    equal  to  the fee otherwise provided by law, for recording a
24    document (other than a document filed under the Plat  Act  or
25    the  Uniform  Commercial  Code) that does not conform to  the
26    following standards:
27             (1)  The document  shall  consist  of  one  or  more
28        individual  sheets measuring 8.5 inches by 11 inches, not
29        permanently bound and not  a  continuous  form.   Graphic
30        displays  accompanying  a  document  to  be recorded that
31        measure up to 11 inches by 17 inches  shall  be  recorded
32        without charging an additional fee.
33             (2)  The  document shall be legibly printed in black
34        ink, by hand, type, or computer.   Signatures  and  dates
 
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 1        may  be  in  contrasting  colors  if  they will reproduce
 2        clearly.
 3             (3)  The document shall be on  white  paper  of  not
 4        less  than  20-pound weight and shall have a clean margin
 5        of at least one-half inch on the  top,  the  bottom,  and
 6        each   side.   Margins  may  be  used  for  non-essential
 7        notations that  will  not  affect  the  validity  of  the
 8        document, including but not limited to form numbers, page
 9        numbers, and customer notations.
10             (4)  The  first page of the document shall contain a
11        blank space, measuring at least 3  inches  by  5  inches,
12        from the upper right corner.
13             (5)  The  document  shall  not  have  any attachment
14        stapled or otherwise affixed to any page.
15    A document that does not conform to these standards shall not
16    be  recorded  except  upon  payment  of  the  additional  fee
17    required under this paragraph.  This paragraph, as amended by
18    this amendatory Act of 1995, applies only to documents  dated
19    after the effective date of this amendatory Act of 1995.
20        The  county  board  of  any  county  may  provide  for an
21    additional charge of $3 for filing every  instrument,  paper,
22    or  notice  for  record,  in  order  to  defray  the  cost of
23    converting the county recorder's document storage  system  to
24    computers or micrographics.
25        A  special  fund  shall be set up by the treasurer of the
26    county and  such  funds  collected  pursuant  to  Public  Act
27    83-1321 shall be used solely for a document storage system to
28    provide  the  equipment,  materials  and  necessary  expenses
29    incurred  to  help  defray  the  costs  of  implementing  and
30    maintaining such a document records system.
31        The   county  board  of  any  county  that  provides  and
32    maintains a countywide map through a  Geographic  Information
33    System  (GIS)  may provide for an additional charge of $3 for
34    filing every instrument, paper, or notice for record in order
 
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 1    to  defray  the  cost  of  implementing  or  maintaining  the
 2    county's Geographic Information System.  Of that  amount,  $2
 3    must be deposited into a special fund set up by the treasurer
 4    of  the  county,  and  any  moneys collected pursuant to this
 5    amendatory Act of the 91st  General  Assembly  and  deposited
 6    into  that  fund  must  be  used  solely  for  the equipment,
 7    materials, and necessary expenses  incurred  in  implementing
 8    and   maintaining   a   Geographic  Information  System.  The
 9    remaining $1 must be deposited into  the  recorder's  special
10    funds  created  under Section 3-5005.4.  The recorder may, in
11    his or her discretion, use moneys in the funds created  under
12    Section  3-5005.4  to  defray  the  cost  of  implementing or
13    maintaining the county's Geographic Information System.
14        The foregoing  fees  allowed  by  this  Section  are  the
15    maximum  fees that may be collected from any officer, agency,
16    department or other instrumentality of the State.  The county
17    board may, however, by ordinance, increase the  fees  allowed
18    by  this  Section  and  collect  such increased fees from all
19    persons  and  entities   other   than   officers,   agencies,
20    departments  and  other instrumentalities of the State if the
21    increase is justified by an  acceptable  cost  study  showing
22    that  the  fees allowed by this Section are not sufficient to
23    cover the cost of providing the service.
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
27    to  public  examination  and  audit.  All direct and indirect
28    costs, as defined in the United States Office  of  Management
29    and   Budget   Circular   A-87,   may   be  included  in  the
30    determination of the  costs  of  each  service,  program  and
31    activity.
32    (Source: P.A. 89-160, eff. 7-19-95; 90-300, eff. 1-1-98.)

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