Public Act 096-1356
 
SB0082 EnrolledLRB096 03320 RLJ 13341 b



    AN ACT concerning local government.

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




 
    Section 5. The Counties Code is amended  by changing Section 
3-5018 as follows:
 
    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
    Sec. 3-5018. Fees. The recorder elected as provided for in 
this
Division shall receive such fees as are or may be provided 
for him or her by law,
in case of provision therefor: otherwise 
he or she shall receive the same fees as
are or may be provided 
in this Section, except when increased by county
ordinance 
pursuant to the provisions of this Section, to be paid to the

county clerk for his or her services in the office of recorder 
for like services.
    For recording deeds or other instruments, $12 for the first 
4 pages
thereof, plus $1 for each additional page thereof, plus 
$1 for each
additional document number therein noted.  The 
aggregate minimum fee
for recording any one instrument shall 
not be less than $12.
    For recording deeds or other instruments wherein the 
premises
affected thereby are referred to by document number 
and not by legal
description, a fee of $1 in addition to that 
hereinabove referred to for
each document number therein noted.
    For recording assignments of mortgages, leases or liens, 
$12 for the
first 4 pages thereof, plus $1 for each additional 
page thereof.  However,
except for leases and liens pertaining 
to oil, gas and other minerals,
whenever a mortgage, lease or 
lien assignment assigns more than one
mortgage, lease or lien 
document, a $7 fee shall be charged for the recording
of each 
such mortgage, lease or lien document after the first one.
    For recording maps or plats of additions or subdivisions 
approved by the
county or municipality (including the spreading 
of the same of record in
map case or other proper books) or 
plats of condominiums, $50 for the first
page, plus $1 for each 
additional page thereof except that in the case of
recording a 
single page, legal size 8 1/2 x 14, plat of survey in which

there are no more than two lots or parcels of land, the fee 
shall be $12.
In each county where such maps or plats are to be 
recorded, the recorder
may require the same to be accompanied 
by such number of exact, true and
legible copies thereof as the 
recorder deems necessary for the efficient
conduct and 
operation of his or her office.
    For non-certified copies of records, an amount not to 
exceed one-half of the amount provided in this Section for 
certified copies, according to a standard scale of fees, 
established by county ordinance and made public. The provisions 
of this paragraph shall not be applicable to any person or 
entity who obtains non-certified copies of records in the 
following manner: (i) in bulk for all documents recorded on any 
given day in an electronic or paper format for a negotiated 
amount less than the amount provided for in this paragraph for 
non-certified copies, (ii) under a contractual relationship 
with the recorder for a negotiated amount less than the amount 
provided for in this paragraph for non-certified copies, 
or (iii) by means of Internet access pursuant to Section 
5-1106.1. 
    For certified copies of records, the same fees as for 
recording, but
in no case shall the fee for a certified copy of 
a map or plat of an
addition, subdivision or otherwise exceed 
$10.
    Each certificate of such recorder of the recording of the 
deed or
other writing and of the date of recording the same 
signed by such
recorder, shall be sufficient evidence of the 
recording thereof, and
such certificate including the indexing 
of record, shall be furnished
upon the payment of the fee for 
recording the instrument, and no
additional fee shall be 
allowed for the certificate or indexing.
    The recorder shall charge an additional fee, in an amount 
equal to the
fee otherwise provided by law, for recording a 
document (other than a
document filed under the Plat Act or the 
Uniform Commercial Code) that does
not conform to the following 
standards:
        (1) The document shall consist of one or more 
    individual sheets measuring
8.5 inches by 11 inches, not 
    permanently bound and not a continuous form.
Graphic 
    displays accompanying a document to be recorded that 
    measure up to 11
inches by 17 inches shall be recorded 
    without charging an additional fee.
        (2) The document shall be legibly printed in black ink, 
    by hand, type,
or computer.  Signatures and dates may be in 
    contrasting colors if they will
reproduce clearly.
        (3) The document shall be on white paper of not less 
    than 20-pound
weight and shall have a clean margin of at 
    least one-half inch on the top, the
bottom, and each side.  
    Margins may be used for non-essential notations that
will 
    not affect the validity of the document, including but not 
    limited to
form numbers, page numbers, and customer 
    notations.
        (4) The first page of the document shall contain a 
    blank space, measuring
at least 3 inches by 5 inches, from 
    the upper right corner.
        (5) The document shall not have any attachment stapled 
    or otherwise
affixed to any page.
A document that does not conform to these standards shall
not 
be recorded except upon payment of the additional fee required 
under
this paragraph.  This paragraph, as amended by this 
amendatory Act of 1995,
applies only to documents dated after 
the effective date of this amendatory
Act of 1995.
    The county board of any county may provide for an 
additional charge of $3
for filing every instrument, paper, or 
notice for record, (1)
in order to
defray the cost of 
converting the county recorder's document storage system
to 
computers or micrographics
and (2) in order to defray the cost 
of providing access to records through
the global
information 
system known as the Internet.
    A special fund shall be set up by the treasurer of the 
county and such
funds collected pursuant to Public Act 83-1321 
shall be used (1)
for
a document storage system to provide the 
equipment, materials and necessary
expenses incurred to help 
defray the costs of implementing and maintaining
such a 
document records system
and (2) for a system to provide 
electronic access to
those records.
    The county board of any county that provides and maintains 
a countywide map
through a Geographic Information System (GIS) 
may provide for an additional
charge of $3 for filing every 
instrument, paper, or notice for record (1)
in order
to defray 
the cost of implementing or maintaining the county's Geographic

Information System
and (2) in order to defray the cost of 
providing electronic access to the
county's
Geographic

Information System records.
Of that amount, $2 must be 
deposited into a special fund
set up by the treasurer of the 
county, and any moneys collected pursuant to
this amendatory 
Act of the 91st General Assembly and deposited into that fund

must be used solely for the equipment, materials, and necessary 
expenses
incurred in implementing and maintaining a Geographic 
Information System and
in order to defray the cost of providing 
electronic access to the county's
Geographic Information 
System records.
The remaining $1 must be deposited into the 
recorder's special funds created
under Section 3-5005.4.  The 
recorder may, in his or her discretion, use moneys
in the funds 
created under Section 3-5005.4 to defray the cost of 
implementing
or maintaining the county's Geographic 
Information System
and to defray the cost of providing 
electronic access to the county's
Geographic
Information 
System records.
    The recorder shall collect a $10 Rental Housing Support 
Program State
surcharge for the recordation of any real 
estate-related document. Payment of the
Rental Housing Support 
Program State surcharge shall be evidenced by a receipt
that 
shall be marked upon or otherwise affixed to the real 
estate-related document
by the recorder. The form of this 
receipt shall be prescribed by the Department
of Revenue and 
the receipts shall be issued by the Department of Revenue to

each county recorder.
    The recorder shall not collect the Rental Housing Support 
Program State surcharge from any State agency, any unit of 
local government or any school district.
    One dollar of each surcharge shall be retained by the 
county in which it was collected. This dollar shall be 
deposited into the county's general revenue fund. Fifty cents 
of that amount shall be used for the costs of administering the 
Rental Housing Support Program State surcharge and any other 
lawful expenditures for the operation of the office of the 
recorder and may not be appropriated or expended for any other 
purpose. The amounts available to the recorder for expenditure 
from the surcharge shall not offset or reduce any other county 
appropriations or funding for the office of the recorder.

    On the 15th day of each month, each county recorder shall 
report
to the Department of Revenue, on a form prescribed by 
the Department,
the number of real estate-related documents 
recorded for which
the Rental Housing Support Program
State 
surcharge   was  collected. Each recorder shall submit $9 of each 
surcharge collected in the
preceding month to the Department of 
Revenue and the Department
shall deposit these amounts in the 
Rental Housing Support Program Fund. Subject to appropriation, 
amounts in the Fund may be expended only for the purpose of 
funding and administering the Rental Housing Support Program.
    For purposes of this Section, "real estate-related 
document" means that term as it is defined in Section 7 of the 
Rental Housing Support Program Act.

    The foregoing fees allowed by this Section are the maximum 
fees that
may be collected from any officer, agency, department 
or other
instrumentality of the State.  The county board may, 
however, by ordinance,
increase the fees allowed by this 
Section and collect such increased fees
from all persons and 
entities other than officers, agencies, departments
and other 
instrumentalities of the State if the increase is justified by 
an
acceptable cost study showing that the fees allowed by this 
Section are not
sufficient to cover the cost of providing the 
service.
Regardless of any other provision in this Section, the 
maximum fee that may
be collected from the Department of 
Revenue for filing or indexing a
lien, certificate of lien 
release or subordination, or any other type of notice
or other 
documentation affecting or concerning a lien is $5.   Regardless 
of
any other provision in this Section, the maximum fee that 
may be collected from
the Department of Revenue for indexing 
each additional name in excess
of one for any lien, certificate 
of lien release or subordination, or any other
type of notice 
or other documentation affecting or concerning a lien is $1.
    A statement of the costs of providing each service, program 
and activity
shall be prepared by the county board.  All 
supporting documents shall be
public record and subject to 
public examination and audit.  All direct and
indirect costs, as 
defined in the United States Office of Management and
Budget 
Circular A-87, may be included in the determination of the 
costs of
each service, program and activity.
(Source: P.A. 93-256, eff. 7-22-03; 94-118, eff. 7-5-05.)
 

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