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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
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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
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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
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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
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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.