093_HB2244
LRB093 06665 MKM 06799 b
1 AN ACT in relation to fees.
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 Section 4-12002 as follows:
6 (55 ILCS 5/4-12002) (from Ch. 34, par. 4-12002)
7 Sec. 4-12002. Fees of recorder in third class counties.
8 The fees of the recorder in counties of the third class for
9 recording deeds or other instruments in writing and maps of
10 plats of additions, subdivisions or otherwise, and for
11 certifying copies of records, shall be paid in advance and
12 shall be as follows:
13 For recording deeds or other instruments $20 for the
14 first 2 pages thereof, plus $2 for each additional page
15 thereof. The aggregate minimum fee for recording any one
16 instrument shall not be less than $20.
17 For recording deeds or other instruments wherein the
18 premises affected thereby are referred to by document number
19 and not by legal description the recorder shall charge a fee
20 of $4 in addition to that hereinabove referred to for each
21 document number therein noted.
22 For recording deeds or other instruments wherein more
23 than one tract, parcel or lot is described and such
24 additional tract, or tracts, parcel or parcels, lot or lots
25 is or are described therein as falling in a separate or
26 different addition or subdivision the recorder shall charge
27 as an additional fee, to that herein provided, the sum of $2
28 for each additional addition or subdivision referred to in
29 such deed or instrument.
30 For recording maps or plats of additions, subdivisions or
31 otherwise (including the spreading of the same of record in
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1 well bound books) $100 plus $2 for each tract, parcel or lot
2 contained therein.
3 For certified copies of records the same fees as for
4 recording, but in no case shall the fee for a certified copy
5 of a map or plat of an addition, subdivision or otherwise
6 exceed $200.
7 For filing of each release of any chattel mortgage or
8 trust deed which has been filed but not recorded and for
9 indexing the same in the book to be kept for that purpose
10 $10.
11 For processing the sworn or affirmed statement required
12 for filing a deed or assignment of a beneficial interest in a
13 land trust in accordance with Section 3-5020 of this Code,
14 $2.
15 The recorder shall charge an additional fee, in an amount
16 equal to the fee otherwise provided by law, for recording a
17 document (other than a document filed under the Plat Act or
18 the Uniform Commercial Code) that does not conform to the
19 following standards:
20 (1) The document shall consist of one or more
21 individual sheets measuring 8.5 inches by 11 inches, not
22 permanently bound and not a continuous form. Graphic
23 displays accompanying a document to be recorded that
24 measure up to 11 inches by 17 inches shall be recorded
25 without charging an additional fee.
26 (2) The document shall be legibly printed in black
27 ink, by hand, type, or computer. Signatures and dates
28 may be in contrasting colors if they will reproduce
29 clearly.
30 (3) The document shall be on white paper of not
31 less than 20-pound weight and shall have a clean margin
32 of at least one-half inch on the top, the bottom, and
33 each side. Margins may be used only for non-essential
34 notations that will not affect the validity of the
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1 document, including but not limited to form numbers, page
2 numbers, and customer notations.
3 (4) The first page of the document shall contain a
4 blank space, measuring at least 3 inches by 5 inches,
5 from the upper right corner.
6 (5) The document shall not have any attachment
7 stapled or otherwise affixed to any page.
8 A document that does not conform to these standards shall not
9 be recorded except upon payment of the additional fee
10 required under this paragraph. This paragraph, as amended by
11 this amendatory Act of 1995, applies only to documents dated
12 after the effective date of this amendatory Act of 1995.
13 The fee requirements of this Section apply to units of
14 local government and school districts.
15 Regardless of any other provision in this Section, the
16 maximum fee that may be collected from the Department of
17 Revenue for filing or indexing a lien, certificate of lien
18 release or subordination, or any other type of notice or
19 other documentation affecting or concerning a lien is $5.
20 Regardless of any other provision in this Section, the
21 maximum fee that may be collected from the Department of
22 Revenue for indexing each additional name in excess of one
23 for any lien, certificate of lien release or subordination,
24 or any other type of notice or other documentation affecting
25 or concerning a lien is $1.
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 under this Section and collect the 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 are not sufficient to cover the cost of
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1 providing the service. A statement of the costs of providing
2 each service, program, and activity must be prepared by the
3 county board. All supporting documents are public records and
4 subject to public examination and audit. All direct and
5 indirect costs, as defined in the United States Office of
6 Management 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. 92-492, eff. 1-1-02.)
10 Section 15. The Labor and Storage Lien Act is amended by
11 changing Sections 3 and 5 as follows:
12 (770 ILCS 45/3) (from Ch. 82, par. 42)
13 Sec. 3. Upon presentation of such notice to the recorder
14 of any county, it shall be the duty of the recorder to file
15 the same in his office and to index the same in a book to be
16 kept by him for that purpose and called "index of liens upon
17 chattels". The recorder shall be entitled to charge and
18 receive from the person filing such a notice of lien a fee of
19 $12 for the first 4 pages thereof, plus $1 for each
20 additional page thereof, plus $1 for each additional document
21 number therein noted.
22 The foregoing fees allowed by this Section are the
23 maximum fees that may be collected from any officer, agency,
24 department, or other instrumentality of the State. The
25 county board may, however, by ordinance, increase the fees
26 allowed by this Section and collect the increased fees from
27 all persons and entities other than officers, agencies,
28 departments, and other instrumentalities of the State if the
29 increase is justified by an acceptable cost study showing
30 that the fees allowed by this Section are not sufficient to
31 cover the cost of providing the service. A statement of the
32 costs of providing each service provided under this Section
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1 must be prepared by the county board. All supporting
2 documents are public records and subject to public
3 examination and audit. All direct and indirect costs, as
4 defined in the United States Office of Management and Budget
5 Circular A-87, may be included in the determination of the
6 costs of each service provided under this Section.
7 (Source: P.A. 86-1353.)
8 (770 ILCS 45/5) (from Ch. 82, par. 44)
9 Sec. 5. Any lien provided for in this Act may be
10 released and discharged by the lien claimant, or his agent,
11 filing with the recorder of deeds a satisfaction piece, which
12 shall be acknowledged in the same manner as provided by law
13 for the acknowledgment of deeds, which shall also be indexed
14 in the "index of liens upon chattels". The owner of the
15 chattel may also file with the recorder any written document
16 which would show or tend to show the non-existence,
17 satisfaction, or termination of such lien which written
18 document shall also be indexed in the "index of lien upon
19 chattels".
20 The fee for filing any document under the provisions of
21 this Section shall be $12 for the first 4 pages thereof, plus
22 $1 for each additional page thereof, plus $1 for each
23 additional document number therein noted and the fee for
24 furnishing a certified copy of any document filed with the
25 recorder of deeds under the provisions of this Act shall be
26 the same fee received by him for furnishing certified copies
27 of recorded instruments.
28 A fee of $12 for the first 4 pages thereof, plus $1 for
29 each additional page thereof, plus $1 for each additional
30 document number therein noted shall be paid to the Recorder
31 for filing a satisfaction of judgment memorandum.
32 The foregoing fees allowed by this Section are the
33 maximum fees that may be collected from any officer, agency,
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1 department, or other instrumentality of the State. The
2 county board may, however, by ordinance, increase the fees
3 allowed by this Section and collect the increased fees from
4 all persons and entities other than officers, agencies,
5 departments, and other instrumentalities of the State if the
6 increase is justified by an acceptable cost study showing
7 that the fees allowed by this Section are not sufficient to
8 cover the cost of providing the service. A statement of the
9 costs of providing each service provided under this Section
10 must be prepared by the county board. All supporting
11 documents are public records and subject to public
12 examination and audit. All direct and indirect costs, as
13 defined in the United States Office of Management and Budget
14 Circular A-87, may be included in the determination of the
15 costs of each service provided under this Section.
16 (Source: P.A. 86-1353.)
17 Section 20. The Mechanics Lien Act is amended by
18 changing Section 38 as follows:
19 (770 ILCS 60/38) (from Ch. 82, par. 38)
20 Sec. 38. When claims for lien are filed pursuant to the
21 provisions of Sections 7, 25 and 28, the Recorder shall affix
22 thereto a certificate of the date of filing the same,
23 (similar to the certificate affixed to recorded instruments)
24 and make an abstract thereof in a book kept for that purpose
25 and properly indexed, containing the name of the person
26 filing the lien, the amount of the lien, the date of filing,
27 the name of the person against whom the lien is filed, and a
28 description of the property charged with the lien, and if
29 satisfied or released of record the date of filing said
30 satisfaction or release. When a satisfaction or release is
31 filed the Recorder shall affix a certificate of the date of
32 filing similar to that affixed to the claim for lien.
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1 For filing a claim for lien and complying with the
2 provisions of this act the recorder shall charge a fee of $12
3 for the first 4 pages thereof, plus $1 for each additional
4 page thereof, plus $1 for each additional document number
5 therein noted, and for filing a satisfaction or release
6 thereof and affixing his certificate thereto he shall charge
7 a fee of $12 for the first 4 pages thereof, plus $1 for each
8 additional page thereof, plus $1 for each additional document
9 number therein noted.
10 The foregoing fees allowed by this Section are the
11 maximum fees that may be collected from any officer, agency,
12 department, or other instrumentality of the State. The
13 county board may, however, by ordinance, increase the fees
14 allowed by this Section and collect the increased fees from
15 all persons and entities other than officers, agencies,
16 departments, and other instrumentalities of the State if the
17 increase is justified by an acceptable cost study showing
18 that the fees allowed by this Section are not sufficient to
19 cover the cost of providing the service. A statement of the
20 costs of providing each service provided under this Section
21 must be prepared by the county board. All supporting
22 documents are public records and subject to public
23 examination and audit. All direct and indirect costs, as
24 defined in the United States Office of Management and Budget
25 Circular A-87, may be included in the determination of the
26 costs of each service provided under this Section.
27 (Source: P.A. 86-1353.)