093_HB2244eng

 
HB2244 Engrossed                     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
 
HB2244 Engrossed            -2-      LRB093 06665 MKM 06799 b
 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
 
HB2244 Engrossed            -3-      LRB093 06665 MKM 06799 b
 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
 
HB2244 Engrossed            -4-      LRB093 06665 MKM 06799 b
 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
 
HB2244 Engrossed            -5-      LRB093 06665 MKM 06799 b
 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,
 
HB2244 Engrossed            -6-      LRB093 06665 MKM 06799 b
 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.
 
HB2244 Engrossed            -7-      LRB093 06665 MKM 06799 b
 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.)