Illinois General Assembly - Full Text of HB4845
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Full Text of HB4845  102nd General Assembly

HB4845eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4845 EngrossedLRB102 22808 AWJ 31958 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 3-5018 and 3-5024 as follows:
 
6    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
7    Sec. 3-5018. Traditional fee schedule. Except as provided
8for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder
9elected as provided for in this Division shall receive such
10fees as are or may be provided for him or her by law, in case
11of provision therefor: otherwise he or she shall receive the
12same fees as are or may be provided in this Section, except
13when increased by county ordinance or resolution pursuant to
14the provisions of this Section, to be paid to the county clerk
15for his or her services in the office of recorder for like
16services.
17    For recording deeds or other instruments, $12 for the
18first 4 pages thereof, plus $1 for each additional page
19thereof, plus $1 for each additional document number therein
20noted. The aggregate minimum fee for recording any one
21instrument shall not be less than $12.
22    For recording deeds or other instruments wherein the
23premises affected thereby are referred to by document number

 

 

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1and not by legal description, a fee of $1 in addition to that
2hereinabove referred to for each document number therein
3noted.
4    For recording assignments of mortgages, leases or liens,
5$12 for the first 4 pages thereof, plus $1 for each additional
6page thereof. However, except for leases and liens pertaining
7to oil, gas and other minerals, whenever a mortgage, lease or
8lien assignment assigns more than one mortgage, lease or lien
9document, a $7 fee shall be charged for the recording of each
10such mortgage, lease or lien document after the first one.
11    For recording any document that affects an interest in
12real property other than documents which solely affect or
13relate to an easement for water, sewer, electricity, gas,
14telephone or other public service, the recorder shall charge a
15fee of $1 per document to all filers of documents not filed by
16any State agency, any unit of local government, or any school
17district. Fifty cents of the $1 fee hereby established shall
18be deposited into the County General Revenue Fund. The
19remaining $0.50 shall be deposited into the Recorder's
20Automation Fund and may not be appropriated or expended for
21any other purpose. The additional amounts available to the
22recorder for expenditure from the Recorder's Automation Fund
23shall not offset or reduce any other county appropriations or
24funding for the office of the recorder.
25    For recording maps or plats of additions or subdivisions
26approved by the county or municipality (including the

 

 

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1spreading of the same of record in map case or other proper
2books) or plats of condominiums, $50 for the first page, plus
3$1 for each additional page thereof except that in the case of
4recording a single page, legal size 8 1/2 x 14, plat of survey
5in which there are no more than two lots or parcels of land,
6the fee shall be $12. In each county where such maps or plats
7are to be recorded, the recorder may require the same to be
8accompanied by such number of exact, true and legible copies
9thereof as the recorder deems necessary for the efficient
10conduct and operation of his or her office.
11    For non-certified copies of records, an amount not to
12exceed one-half of the amount provided in this Section for
13certified copies, according to a standard scale of fees,
14established by county ordinance or resolution and made public.
15The provisions of this paragraph shall not be applicable to
16any person or entity who obtains non-certified copies of
17records in the following manner: (i) in bulk for all documents
18recorded on any given day in an electronic or paper format for
19a negotiated amount less than the amount provided for in this
20paragraph for non-certified copies, (ii) under a contractual
21relationship with the recorder for a negotiated amount less
22than the amount provided for in this paragraph for
23non-certified copies, or (iii) by means of Internet access
24pursuant to Section 5-1106.1.
25    For certified copies of records, the same fees as for
26recording, but in no case shall the fee for a certified copy of

 

 

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1a map or plat of an addition, subdivision or otherwise exceed
2$10.
3    Each certificate of such recorder of the recording of the
4deed or other writing and of the date of recording the same
5signed by such recorder, shall be sufficient evidence of the
6recording thereof, and such certificate including the indexing
7of record, shall be furnished upon the payment of the fee for
8recording the instrument, and no additional fee shall be
9allowed for the certificate or indexing. A physical or
10electronic image of the recorder's stamp satisfies the
11signature requirement for recorded instruments prior to, on,
12and after the effective date of this amendatory Act of the
13102nd General Assembly.
14    The recorder shall charge an additional fee, in an amount
15equal to the fee otherwise provided by law, for recording a
16document (other than a document filed under the Plat Act or the
17Uniform Commercial Code) that does not conform to the
18following standards:
19        (1) The document shall consist of one or more
20    individual sheets measuring 8.5 inches by 11 inches, not
21    permanently bound and not a continuous form. Graphic
22    displays accompanying a document to be recorded that
23    measure up to 11 inches by 17 inches shall be recorded
24    without charging an additional fee.
25        (2) The document shall be legibly printed in black
26    ink, by hand, type, or computer. Signatures and dates may

 

 

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1    be in contrasting colors if they will reproduce clearly.
2        (3) The document shall be on white paper of not less
3    than 20-pound weight and shall have a clean margin of at
4    least one-half inch on the top, the bottom, and each side.
5    Margins may be used for non-essential notations that will
6    not affect the validity of the document, including but not
7    limited to form numbers, page numbers, and customer
8    notations.
9        (4) The first page of the document shall contain a
10    blank space, measuring at least 3 inches by 5 inches, from
11    the upper right corner.
12        (5) The document shall not have any attachment stapled
13    or otherwise affixed to any page.
14A document that does not conform to these standards shall not
15be recorded except upon payment of the additional fee required
16under this paragraph. This paragraph, as amended by this
17amendatory Act of 1995, applies only to documents dated after
18the effective date of this amendatory Act of 1995.
19    The county board of any county may provide for an
20additional charge of $3 for filing every instrument, paper, or
21notice for record, (1) in order to defray the cost of
22converting the county recorder's document storage system to
23computers or micrographics and (2) in order to defray the cost
24of providing access to records through the global information
25system known as the Internet.
26    A special fund shall be set up by the treasurer of the

 

 

HB4845 Engrossed- 6 -LRB102 22808 AWJ 31958 b

1county and such funds collected pursuant to Public Act 83-1321
2shall be used (1) for a document storage system to provide the
3equipment, materials and necessary expenses incurred to help
4defray the costs of implementing and maintaining such a
5document records system and (2) for a system to provide
6electronic access to those records.
7    The county board of any county that provides and maintains
8a countywide map through a Geographic Information System (GIS)
9may provide for an additional charge of $3 for filing every
10instrument, paper, or notice for record (1) in order to defray
11the cost of implementing or maintaining the county's
12Geographic Information System and (2) in order to defray the
13cost of providing electronic or automated access to the
14county's Geographic Information System or property records. Of
15that amount, $2 must be deposited into a special fund set up by
16the treasurer of the county, and any moneys collected pursuant
17to this amendatory Act of the 91st General Assembly and
18deposited into that fund must be used solely for the
19equipment, materials, and necessary expenses incurred in
20implementing and maintaining a Geographic Information System
21and in order to defray the cost of providing electronic access
22to the county's Geographic Information System records. The
23remaining $1 must be deposited into the recorder's special
24funds created under Section 3-5005.4. The recorder may, in his
25or her discretion, use moneys in the funds created under
26Section 3-5005.4 to defray the cost of implementing or

 

 

HB4845 Engrossed- 7 -LRB102 22808 AWJ 31958 b

1maintaining the county's Geographic Information System and to
2defray the cost of providing electronic access to the county's
3Geographic Information System records.
4    The recorder shall collect a $9 Rental Housing Support
5Program State surcharge for the recordation of any real
6estate-related document. Payment of the Rental Housing Support
7Program State surcharge shall be evidenced by a receipt that
8shall be marked upon or otherwise affixed to the real
9estate-related document by the recorder. The form of this
10receipt shall be prescribed by the Department of Revenue and
11the receipts shall be issued by the Department of Revenue to
12each county recorder.
13    The recorder shall not collect the Rental Housing Support
14Program State surcharge from any State agency, any unit of
15local government or any school district.
16    On the 15th day of each month, each county recorder shall
17report to the Department of Revenue, on a form prescribed by
18the Department, the number of real estate-related documents
19recorded for which the Rental Housing Support Program State
20surcharge was collected. Each recorder shall submit $9 of each
21surcharge collected in the preceding month to the Department
22of Revenue and the Department shall deposit these amounts in
23the Rental Housing Support Program Fund. Subject to
24appropriation, amounts in the Fund may be expended only for
25the purpose of funding and administering the Rental Housing
26Support Program.

 

 

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1    For purposes of this Section, "real estate-related
2document" means that term as it is defined in Section 7 of the
3Rental Housing Support Program Act.
4    The foregoing fees allowed by this Section are the maximum
5fees that may be collected from any officer, agency,
6department or other instrumentality of the State. The county
7board may, however, by ordinance or resolution, increase the
8fees allowed by this Section and collect such increased fees
9from all persons and entities other than officers, agencies,
10departments and other instrumentalities of the State if the
11increase is justified by an acceptable cost study showing that
12the fees allowed by this Section are not sufficient to cover
13the cost of providing the service. Regardless of any other
14provision in this Section, the maximum fee that may be
15collected from the Department of Revenue for filing or
16indexing a lien, certificate of lien release or subordination,
17or any other type of notice or other documentation affecting
18or concerning a lien is $5. Regardless of any other provision
19in this Section, the maximum fee that may be collected from the
20Department of Revenue for indexing each additional name in
21excess of one for any lien, certificate of lien release or
22subordination, or any other type of notice or other
23documentation affecting or concerning a lien is $1.
24    A statement of the costs of providing each service,
25program and activity shall be prepared by the county board.
26All supporting documents shall be public record and subject to

 

 

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1public examination and audit. All direct and indirect costs,
2as defined in the United States Office of Management and
3Budget Circular A-87, may be included in the determination of
4the costs of each service, program and activity.
5(Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19.)
 
6    (55 ILCS 5/3-5024)  (from Ch. 34, par. 3-5024)
7    Sec. 3-5024. Certificate of time of filing. When any
8instrument in writing is recorded in the recorder's office,
9the recorder shall indorse upon such instrument a certificate
10of the time (including the hour of the day) when the same was
11received for recordation (which shall be considered the time
12of recording the same), and the book and page in which the same
13is recorded. The recorder shall sign the certificate or shall
14affix his facsimile signature thereto. A physical or
15electronic image of the recorder's stamp satisfies the
16signature requirement for recorded instruments prior to, on,
17and after the effective date of this amendatory Act of the
18102nd General Assembly.
19    The certificate, when signed by the recorder, or to which
20he has affixed his facsimile signature or a physical or
21electronic image of the recorder's stamp, shall be evidence of
22the facts therein stated.
23(Source: P.A. 86-962.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.