Sen. Don Harmon

Filed: 3/6/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 547

2    AMENDMENT NO. ______. Amend Senate Bill 547 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 3-5018 as follows:
 
6    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
7    Sec. 3-5018. Fees. The recorder elected as provided for in
8this Division shall receive such fees as are or may be provided
9for him or her by law, in case of provision therefor: otherwise
10he or she shall receive the same fees as are or may be provided
11in this Section, except when increased by county ordinance
12pursuant to the provisions of this Section, to be paid to the
13county clerk for his or her services in the office of recorder
14for like services.
15    For recording deeds or other instruments, $12 for the first
164 pages thereof, plus $1 for each additional page thereof, plus

 

 

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1$1 for each additional document number therein noted. The
2aggregate minimum fee for recording any one instrument shall
3not be less than $12.
4    For recording deeds or other instruments wherein the
5premises affected thereby are referred to by document number
6and not by legal description, a fee of $1 in addition to that
7hereinabove referred to for each document number therein noted.
8    For recording assignments of mortgages, leases or liens,
9$12 for the first 4 pages thereof, plus $1 for each additional
10page thereof. However, except for leases and liens pertaining
11to oil, gas and other minerals, whenever a mortgage, lease or
12lien assignment assigns more than one mortgage, lease or lien
13document, a $7 fee shall be charged for the recording of each
14such mortgage, lease or lien document after the first one.
15    For recording maps or plats of additions or subdivisions
16approved by the county or municipality (including the spreading
17of the same of record in map case or other proper books) or
18plats of condominiums, $50 for the first page, plus $1 for each
19additional page thereof except that in the case of recording a
20single page, legal size 8 1/2 x 14, plat of survey in which
21there are no more than two lots or parcels of land, the fee
22shall be $12. In each county where such maps or plats are to be
23recorded, the recorder may require the same to be accompanied
24by such number of exact, true and legible copies thereof as the
25recorder deems necessary for the efficient conduct and
26operation of his or her office.

 

 

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1    For non-certified copies of records, an amount not to
2exceed one-half of the amount provided in this Section for
3certified copies, according to a standard scale of fees,
4established by county ordinance and made public. The provisions
5of this paragraph shall not be applicable to any person or
6entity who obtains non-certified copies of records in the
7following manner: (i) in bulk for all documents recorded on any
8given day in an electronic or paper format for a negotiated
9amount less than the amount provided for in this paragraph for
10non-certified copies, (ii) under a contractual relationship
11with the recorder for a negotiated amount less than the amount
12provided for in this paragraph for non-certified copies,
13or (iii) by means of Internet access pursuant to Section
145-1106.1.
15    For certified copies of records, the same fees as for
16recording, but in no case shall the fee for a certified copy of
17a map or plat of an addition, subdivision or otherwise exceed
18$10.
19    Each certificate of such recorder of the recording of the
20deed or other writing and of the date of recording the same
21signed by such recorder, shall be sufficient evidence of the
22recording thereof, and such certificate including the indexing
23of record, shall be furnished upon the payment of the fee for
24recording the instrument, and no additional fee shall be
25allowed for the certificate or indexing.
26    The recorder shall charge an additional fee, in an amount

 

 

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1equal to the fee otherwise provided by law, for recording a
2document (other than a document filed under the Plat Act or the
3Uniform Commercial Code) that does not conform to the following
4standards:
5        (1) The document shall consist of one or more
6    individual sheets measuring 8.5 inches by 11 inches, not
7    permanently bound and not a continuous form. Graphic
8    displays accompanying a document to be recorded that
9    measure up to 11 inches by 17 inches shall be recorded
10    without charging an additional fee.
11        (2) The document shall be legibly printed in black ink,
12    by hand, type, or computer. Signatures and dates may be in
13    contrasting colors if they will reproduce clearly.
14        (3) The document shall be on white paper of not less
15    than 20-pound weight and shall have a clean margin of at
16    least one-half inch on the top, the bottom, and each side.
17    Margins may be used for non-essential notations that will
18    not affect the validity of the document, including but not
19    limited to form numbers, page numbers, and customer
20    notations.
21        (4) The first page of the document shall contain a
22    blank space, measuring at least 3 inches by 5 inches, from
23    the upper right corner.
24        (5) The document shall not have any attachment stapled
25    or otherwise affixed to any page.
26A document that does not conform to these standards shall not

 

 

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1be recorded except upon payment of the additional fee required
2under this paragraph. This paragraph, as amended by this
3amendatory Act of 1995, applies only to documents dated after
4the effective date of this amendatory Act of 1995.
5    The county board of any county may provide for an
6additional charge of $3 for filing every instrument, paper, or
7notice for record, (1) in order to defray the cost of
8converting the county recorder's document storage system to
9computers or micrographics and (2) in order to defray the cost
10of providing access to records through the global information
11system known as the Internet.
12    A special fund shall be set up by the treasurer of the
13county and such funds collected pursuant to Public Act 83-1321
14shall be used (1) for a document storage system to provide the
15equipment, materials and necessary expenses incurred to help
16defray the costs of implementing and maintaining such a
17document records system and (2) for a system to provide
18electronic access to those records.
19    The county board of any county that provides and maintains
20a countywide map through a Geographic Information System (GIS)
21may provide for an additional charge of $3 for filing every
22instrument, paper, or notice for record (1) in order to defray
23the cost of implementing or maintaining the county's Geographic
24Information System and (2) in order to defray the cost of
25providing electronic or automated access to the county's
26Geographic Information System or property records. Of that

 

 

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1amount, $2 must be deposited into a special fund set up by the
2treasurer of the county, and any moneys collected pursuant to
3this amendatory Act of the 91st General Assembly and deposited
4into that fund must be used solely for the equipment,
5materials, and necessary expenses incurred in implementing and
6maintaining a Geographic Information System and in order to
7defray the cost of providing electronic access to the county's
8Geographic Information System records. The remaining $1 must be
9deposited into the recorder's special funds created under
10Section 3-5005.4. The recorder may, in his or her discretion,
11use moneys in the funds created under Section 3-5005.4 to
12defray the cost of implementing or maintaining the county's
13Geographic Information System and to defray the cost of
14providing electronic access to the county's Geographic
15Information System records.
16    The recorder shall collect a $10 Rental Housing Support
17Program State surcharge for the recordation of any real
18estate-related document. Payment of the Rental Housing Support
19Program State surcharge shall be evidenced by a receipt that
20shall be marked upon or otherwise affixed to the real
21estate-related document by the recorder. The form of this
22receipt shall be prescribed by the Department of Revenue and
23the receipts shall be issued by the Department of Revenue to
24each county recorder.
25    The recorder shall not collect the Rental Housing Support
26Program State surcharge from any State agency, any unit of

 

 

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1local government or any school district.
2    One dollar of each surcharge shall be retained by the
3county in which it was collected. This dollar shall be
4deposited into the county's general revenue fund. Fifty cents
5of that amount shall be used for the costs of administering the
6Rental Housing Support Program State surcharge and any other
7lawful expenditures for the operation of the office of the
8recorder and may not be appropriated or expended for any other
9purpose. The amounts available to the recorder for expenditure
10from the surcharge shall not offset or reduce any other county
11appropriations or funding for the office of the recorder.
12    On the 15th day of each month, each county recorder shall
13report to the Department of Revenue, on a form prescribed by
14the Department, the number of real estate-related documents
15recorded for which the Rental Housing Support Program State
16surcharge was collected. Each recorder shall submit $9 of each
17surcharge collected in the preceding month to the Department of
18Revenue and the Department shall deposit these amounts in the
19Rental Housing Support Program Fund. Subject to appropriation,
20amounts in the Fund may be expended only for the purpose of
21funding and administering the Rental Housing Support Program.
22    For purposes of this Section, "real estate-related
23document" means that term as it is defined in Section 7 of the
24Rental Housing Support Program Act.
25    The foregoing fees allowed by this Section are the maximum
26fees that may be collected from any officer, agency, department

 

 

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1or other instrumentality of the State. The county board may,
2however, by ordinance, increase the fees allowed by this
3Section and collect such increased fees from all persons and
4entities other than officers, agencies, departments and other
5instrumentalities of the State if the increase is justified by
6an acceptable cost study showing that the fees allowed by this
7Section are not sufficient to cover the cost of providing the
8service. Regardless of any other provision in this Section, the
9maximum fee that may be collected from the Department of
10Revenue for filing or indexing a lien, certificate of lien
11release or subordination, or any other type of notice or other
12documentation affecting or concerning a lien is $5. Regardless
13of any other provision in this Section, the maximum fee that
14may be collected from the Department of Revenue for indexing
15each additional name in excess of one for any lien, certificate
16of lien release or subordination, or any other type of notice
17or other documentation affecting or concerning a lien is $1.
18    A statement of the costs of providing each service, program
19and activity shall be prepared by the county board. All
20supporting documents shall be public record and subject to
21public examination and audit. All direct and indirect costs, as
22defined in the United States Office of Management and Budget
23Circular A-87, may be included in the determination of the
24costs of each service, program and activity.
25(Source: P.A. 96-1356, eff. 7-28-10.)
 

 

 

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1    Section 10. The Tuberculosis Sanitarium District Act is
2amended by changing Section 5.4 as follows:
 
3    (70 ILCS 920/5.4)
4    Sec. 5.4. Dissolution of Suburban Cook County Tuberculosis
5Sanitarium District; disposition of land and real estate;
6continuation of District levy.
7    (a) Notwithstanding any provision of law to the contrary,
8the Suburban Cook County Tuberculosis Sanitarium District is
9dissolved by operation of law one year after the effective date
10of this amendatory Act of the 94th General Assembly.
11    (b) On or before the day 2 months after the effective date
12of this amendatory Act of the 94th General Assembly, the Board
13of Directors shall forward to the Cook County Department of
14Public Health all transition plans relating to the
15consolidation of all of the existing programs, personnel, and
16infrastructure of the District into the Cook County Bureau of
17Health Services to be administered by the Cook County
18Department of Public Health. Beginning on the effective date of
19this amendatory Act of the 94th General Assembly, the District
20shall not make any enhancements to pensions.
21    (c) Upon dissolution of the District: (i) all assets and
22liabilities of the Suburban Cook County Tuberculosis
23Sanitarium District dissolved under this amendatory Act of the
2494th General Assembly shall be transferred to the Cook County
25Board and the monetary assets shall be deposited into a special

 

 

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1purpose fund for the prevention, care, treatment, and control
2of tuberculosis and other communicable diseases in or
3associated with suburban Cook County; (ii) the Cook County
4Department of Public Health shall assume all responsibility for
5the prevention, care, treatment, and control of tuberculosis
6within the area of the Suburban Cook County Tuberculosis
7Sanitarium District dissolved under this amendatory Act of the
894th General Assembly, including the provision of tuberculosis
9care and treatment for units of local government with
10State-certified local public health departments; and (iii)
11employees of the Suburban Cook County Tuberculosis Sanitarium
12District become employees of Cook County.
13    (d) The Cook County Board may transfer to the Cook County
14Forest Preserve District appropriate unimproved real estate
15owned by the Suburban Cook County Tuberculosis Sanitarium
16District at the time of its dissolution. After the dissolution
17of the District, any land owned by the District at the time of
18its dissolution remains subject to any leases and encumbrances
19that existed upon the dissolution of the District and, if the
20land is subject to a lease, the land may not be taken by any
21unit of government during the term of the lease.
22    (e) Upon the dissolution of the Suburban Cook County
23Tuberculosis Sanitarium District, any levy imposed by the
24dissolved District is abolished. In accordance with subsection
25(b) of Section 12 of the State Revenue Sharing Act, the tax
26base of the dissolved Suburban Cook County Tuberculosis

 

 

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1Sanitarium District shall be added to the tax base of Cook
2County.
3(Source: P.A. 94-1050, eff. 7-24-06.)
 
4    Section 15. The Animal Control Act is amended by changing
5Section 7 as follows:
 
6    (510 ILCS 5/7)  (from Ch. 8, par. 357)
7    Sec. 7. All registration fees collected shall be remitted
8to the County Treasurer, who shall place the monies in an
9Animal Control Fund. This fund shall be set up by him for the
10purpose of paying costs of the Animal Control Program. All fees
11collected shall be used for the purpose of paying claims for
12loss of livestock or poultry as set forth in Section 19 of this
13Act and for the following purposes as established by ordinance
14of the County Board: funds may be utilized by local health
15departments or county nurse's offices for the purchase of human
16rabies anti-serum, human vaccine, the cost for administration
17of serum or vaccine, minor medical care, and for paying the
18cost of stray dog control, impoundment, education on animal
19control and rabies, and other costs incurred in carrying out
20the provisions and enforcement of this Act or any county or
21municipal ordinance concurred in by the Department relating to
22animal control, public health, or public nuisances, except as
23set forth in Section 19. Counties of 100,000 inhabitants or
24more may assume self-insurance liability to pay claims for the

 

 

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1loss of livestock or poultry.
2(Source: P.A. 87-151.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".