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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1582eng SB1582 Engrossed LRB9110943JMks 1 AN ACT to amend the Counties Code by changing Section 2 3-5018. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 3-5018 as follows: 7 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) 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 SB1582 Engrossed -2- LRB9110943JMks 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 SB1582 Engrossed -3- LRB9110943JMks 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 30 converting the county recorder's document storage system to 31 computers or micrographics. 32 A special fund shall be set up by the treasurer of the 33 county and such funds collected pursuant to Public Act 34 83-1321 shall be used solely for a document storage system to SB1582 Engrossed -4- LRB9110943JMks 1 provide the equipment, materials and necessary expenses 2 incurred to help defray the costs of implementing and 3 maintaining such a document records system. 4 The county board of any county that provides and 5 maintains a countywide map through a Geographic Information 6 System (GIS) may provide for an additional charge of $3 for 7 filing every instrument, paper, or notice for record in order 8 to defray the cost of implementing or maintaining the 9 county's Geographic Information System. Of that amount, $2 10 must be deposited into a special fund set up by the treasurer 11 of the county, and any moneys collected pursuant to this 12 amendatory Act of the 91st General Assembly and deposited 13 into that fund must be used solely for the equipment, 14 materials, and necessary expenses incurred in implementing 15 and maintaining a Geographic Information System. The 16 remaining $1 must be deposited into the recorder's special 17 funds created under Section 3-5005.4. The recorder may, in 18 his or her discretion, use moneys in the funds created under 19 Section 3-5005.4 to defray the cost of implementing or 20 maintaining the county's Geographic Information System. 21 The foregoing fees allowed by this Section are the 22 maximum fees that may be collected from any officer, agency, 23 department or other instrumentality of the State. The county 24 board may, however, by ordinance, increase the fees allowed 25 by this Section and collect such increased fees from all 26 persons and entities other than officers, agencies, 27 departments and other instrumentalities of the State if the 28 increase is justified by an acceptable cost study showing 29 that the fees allowed by this Section are not sufficient to 30 cover the cost of providing the service. 31 A statement of the costs of providing each service, 32 program and activity shall be prepared by the county board. 33 All supporting documents shall be public record and subject 34 to public examination and audit. All direct and indirect SB1582 Engrossed -5- LRB9110943JMks 1 costs, as defined in the United States Office of Management 2 and Budget Circular A-87, may be included in the 3 determination of the costs of each service, program and 4 activity. 5 (Source: P.A. 89-160, eff. 7-19-95; 90-300, eff. 1-1-98.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.