HB4556 98TH GENERAL ASSEMBLY

LRB098 08841 JDS 38969 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4556

Introduced , by Rep. Mike Smiddy

SYNOPSIS AS INTRODUCED:

15 ILCS 305/5.5

Amends the Secretary of State Act. Repeals a provision that authorized the Secretary of State to assess a penalty for fee payments that were dishonored if the total amount due to the Secretary exceeded $100 and was not paid in full within 60 days from the date the fee became due. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Secretary of State Act is amended by changing Section 5.5 as follows:

(15 ILCS 305/5.5)

Sec. 5.5. Secretary of State fees. There shall be paid to the Secretary of State the following fees:

For certificate or apostille, with seal: $2.

For each certificate, without seal: $1.

For each commission to any officer or other person (except military commissions), with seal: $2.

For copies of exemplifications of records, or for a certified copy of any document, instrument, or paper when not otherwise provided by law, and it does not exceed legal size: $0.50 per page or any portion of a page; and $2 for the certificate, with seal affixed.

For copies of exemplifications of records or a certified copy of any document, instrument, or paper, when not otherwise provided for by law, that exceeds legal size: $1 per page or any portion of a page; and $2 for the certificate, with seal affixed.

For copies of bills or other papers: $0.50 per page or any portion of a page; and $2 for the certificate, with seal affixed, except that there shall be no charge for making or certifying copies that are furnished to any governmental agency for official use.

For recording a duplicate of an affidavit showing the appointment of trustees of a religious corporation: $0.50; and $2 for the certificate of recording, with seal affixed.

For filing and recording an application under the Soil Conservation Districts Law and making and issuing a certificate for the application, under seal: $10.

For recording any other document, instrument, or paper required or permitted to be recorded with the Secretary of State, which recording shall be done by any approved photographic or photostatic process, if the page to be recorded does not exceed legal size and the fees and charges therefor are not otherwise fixed by law: $0.50 per page or any portion of a page; and $2 for the certificate of recording, with seal affixed.

For recording any other document, instrument, or paper required or permitted to be recorded with the Secretary of State, which recording shall be done by any approved photographic or photostatic process, if the page to be recorded exceeds legal size and the fees and charges therefor are not otherwise fixed by law: $1 per page or any portion of a page; and $2 for the certificate of recording attached to the original, with seal affixed.

For each duplicate certified copy of a school land patent: $3.

For each photostatic copy of a township plat: $2.

For each page of a photostatic copy of surveyors field notes: $2.

For each page of a photostatic copy of a state land patent, including certification: $4.

For each page of a photostatic copy of a swamp land grant: $2.

For each page of photostatic copies of all other instruments or documents relating to land records: $2.

For any payment to the Secretary of State when it has not been honored: $25. If the total amount due to the Secretary exceeds $100 and has not been paid in full within 60 days from the date the fee became due, the Secretary shall assess a penalty of 25% of the dishonored payment amount.

For any research request received after the effective date of the changes made to this Section by this amendatory Act of the 93rd General Assembly by an out-of-State or non-Illinois resident: $10, prepaid and nonrefundable, for which the requester will receive up to 2 unofficial noncertified copies of the records requested. The fees under this paragraph shall be deposited into the General Revenue Fund.

The Illinois State Archives is authorized to charge reasonable fees to reimburse the cost of production and distribution of copies of finding aids to the records that it holds or copies of published versions or editions of those records in printed, microfilm, or electronic formats. The fees under this paragraph shall be deposited into the General Revenue Fund.

As used in this Section, "legal size" means a sheet of paper that is 8.5 inches wide and 14 inches long, or written or printed matter on a sheet of paper that does not exceed that width and length, or either of them.

(Source: P.A. 97-835, eff. 1-1-13.)

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