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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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