Full Text of SB0547 97th General Assembly
SB0547sam001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 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 | 8 | | this
Division shall receive such fees as are or may be provided | 9 | | for him or her by law,
in case of provision therefor: otherwise | 10 | | he or she shall receive the same fees as
are or may be provided | 11 | | in this Section, except when increased by county
ordinance | 12 | | pursuant to the provisions of this Section, to be paid to the
| 13 | | county clerk for his or her services in the office of recorder | 14 | | for like services. | 15 | | For recording deeds or other instruments, $12 for the first | 16 | | 4 pages
thereof, plus $1 for each additional page thereof, plus |
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| 1 | | $1 for each
additional document number therein noted. The | 2 | | aggregate minimum fee
for recording any one instrument shall | 3 | | not be less than $12. | 4 | | For recording deeds or other instruments wherein the | 5 | | premises
affected thereby are referred to by document number | 6 | | and not by legal
description, a fee of $1 in addition to that | 7 | | hereinabove 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 | 10 | | page thereof. However,
except for leases and liens pertaining | 11 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 12 | | lien assignment assigns more than one
mortgage, lease or lien | 13 | | document, a $7 fee shall be charged for the recording
of each | 14 | | such mortgage, lease or lien document after the first one. | 15 | | For recording maps or plats of additions or subdivisions | 16 | | approved by the
county or municipality (including the spreading | 17 | | of the same of record in
map case or other proper books) or | 18 | | plats of condominiums, $50 for the first
page, plus $1 for each | 19 | | additional page thereof except that in the case of
recording a | 20 | | single page, legal size 8 1/2 x 14, plat of survey in which
| 21 | | there are no more than two lots or parcels of land, the fee | 22 | | shall be $12.
In each county where such maps or plats are to be | 23 | | recorded, the recorder
may require the same to be accompanied | 24 | | by such number of exact, true and
legible copies thereof as the | 25 | | recorder deems necessary for the efficient
conduct and | 26 | | operation of his or her office. |
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| 1 | | For non-certified copies of records, an amount not to | 2 | | exceed one-half of the amount provided in this Section for | 3 | | certified copies, according to a standard scale of fees, | 4 | | established by county ordinance and made public. The provisions | 5 | | of this paragraph shall not be applicable to any person or | 6 | | entity who obtains non-certified copies of records in the | 7 | | following manner: (i) in bulk for all documents recorded on any | 8 | | given day in an electronic or paper format for a negotiated | 9 | | amount less than the amount provided for in this paragraph for | 10 | | non-certified copies, (ii) under a contractual relationship | 11 | | with the recorder for a negotiated amount less than the amount | 12 | | provided for in this paragraph for non-certified copies, | 13 | | or (iii) by means of Internet access pursuant to Section | 14 | | 5-1106.1. | 15 | | For certified copies of records, the same fees as for | 16 | | recording, but
in no case shall the fee for a certified copy of | 17 | | a map or plat of an
addition, subdivision or otherwise exceed | 18 | | $10. | 19 | | Each certificate of such recorder of the recording of the | 20 | | deed or
other writing and of the date of recording the same | 21 | | signed by such
recorder, shall be sufficient evidence of the | 22 | | recording thereof, and
such certificate including the indexing | 23 | | of record, shall be furnished
upon the payment of the fee for | 24 | | recording the instrument, and no
additional fee shall be | 25 | | allowed for the certificate or indexing. | 26 | | The recorder shall charge an additional fee, in an amount |
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| 1 | | equal to the
fee otherwise provided by law, for recording a | 2 | | document (other than a
document filed under the Plat Act or the | 3 | | Uniform Commercial Code) that does
not conform to the following | 4 | | standards: | 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. | 26 | | A document that does not conform to these standards shall
not |
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| 1 | | be recorded except upon payment of the additional fee required | 2 | | under
this paragraph. This paragraph, as amended by this | 3 | | amendatory Act of 1995,
applies only to documents dated after | 4 | | the effective date of this amendatory
Act of 1995. | 5 | | The county board of any county may provide for an | 6 | | additional charge of $3
for filing every instrument, paper, or | 7 | | notice for record, (1)
in order to
defray the cost of | 8 | | converting the county recorder's document storage system
to | 9 | | computers or micrographics
and (2) in order to defray the cost | 10 | | of providing access to records through
the global
information | 11 | | system known as the Internet. | 12 | | A special fund shall be set up by the treasurer of the | 13 | | county and such
funds collected pursuant to Public Act 83-1321 | 14 | | shall be used (1)
for
a document storage system to provide the | 15 | | equipment, materials and necessary
expenses incurred to help | 16 | | defray the costs of implementing and maintaining
such a | 17 | | document records system
and (2) for a system to provide | 18 | | electronic access to
those records. | 19 | | The county board of any county that provides and maintains | 20 | | a countywide map
through a Geographic Information System (GIS) | 21 | | may provide for an additional
charge of $3 for filing every | 22 | | instrument, paper, or notice for record (1)
in order
to defray | 23 | | the cost of implementing or maintaining the county's Geographic
| 24 | | Information System
and (2) in order to defray the cost of | 25 | | providing electronic or automated access to the
county's
| 26 | | Geographic
Information System or property records.
Of that |
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| 1 | | amount, $2 must be deposited into a special fund
set up by the | 2 | | treasurer of the county, and any moneys collected pursuant to
| 3 | | this amendatory Act of the 91st General Assembly and deposited | 4 | | into that fund
must be used solely for the equipment, | 5 | | materials, and necessary expenses
incurred in implementing and | 6 | | maintaining a Geographic Information System and
in order to | 7 | | defray the cost of providing electronic access to the county's
| 8 | | Geographic Information System records.
The remaining $1 must be | 9 | | deposited into the recorder's special funds created
under | 10 | | Section 3-5005.4. The recorder may, in his or her discretion, | 11 | | use moneys
in the funds created under Section 3-5005.4 to | 12 | | defray the cost of implementing
or maintaining the county's | 13 | | Geographic Information System
and to defray the cost of | 14 | | providing electronic access to the county's
Geographic
| 15 | | Information System records. | 16 | | The recorder shall collect a $10 Rental Housing Support | 17 | | Program State
surcharge for the recordation of any real | 18 | | estate-related document. Payment of the
Rental Housing Support | 19 | | Program State surcharge shall be evidenced by a receipt
that | 20 | | shall be marked upon or otherwise affixed to the real | 21 | | estate-related document
by the recorder. The form of this | 22 | | receipt shall be prescribed by the Department
of Revenue and | 23 | | the receipts shall be issued by the Department of Revenue to
| 24 | | each county recorder. | 25 | | The recorder shall not collect the Rental Housing Support | 26 | | Program State surcharge from any State agency, any unit of |
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| 1 | | local government or any school district. | 2 | | One dollar of each surcharge shall be retained by the | 3 | | county in which it was collected. This dollar shall be | 4 | | deposited into the county's general revenue fund. Fifty cents | 5 | | of that amount shall be used for the costs of administering the | 6 | | Rental Housing Support Program State surcharge and any other | 7 | | lawful expenditures for the operation of the office of the | 8 | | recorder and may not be appropriated or expended for any other | 9 | | purpose. The amounts available to the recorder for expenditure | 10 | | from the surcharge shall not offset or reduce any other county | 11 | | appropriations or funding for the office of the recorder.
| 12 | | On the 15th day of each month, each county recorder shall | 13 | | report
to the Department of Revenue, on a form prescribed by | 14 | | the Department,
the number of real estate-related documents | 15 | | recorded for which
the Rental Housing Support Program
State | 16 | | surcharge was collected. Each recorder shall submit $9 of each | 17 | | surcharge collected in the
preceding month to the Department of | 18 | | Revenue and the Department
shall deposit these amounts in the | 19 | | Rental Housing Support Program Fund. Subject to appropriation, | 20 | | amounts in the Fund may be expended only for the purpose of | 21 | | funding and administering the Rental Housing Support Program. | 22 | | For purposes of this Section, "real estate-related | 23 | | document" means that term as it is defined in Section 7 of the | 24 | | Rental Housing Support Program Act.
| 25 | | The foregoing fees allowed by this Section are the maximum | 26 | | fees that
may be collected from any officer, agency, department |
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| 1 | | or other
instrumentality of the State. The county board may, | 2 | | however, by ordinance,
increase the fees allowed by this | 3 | | Section and collect such increased fees
from all persons and | 4 | | entities other than officers, agencies, departments
and other | 5 | | instrumentalities of the State if the increase is justified by | 6 | | an
acceptable cost study showing that the fees allowed by this | 7 | | Section are not
sufficient to cover the cost of providing the | 8 | | service.
Regardless of any other provision in this Section, the | 9 | | maximum fee that may
be collected from the Department of | 10 | | Revenue for filing or indexing a
lien, certificate of lien | 11 | | release or subordination, or any other type of notice
or other | 12 | | documentation affecting or concerning a lien is $5. Regardless | 13 | | of
any other provision in this Section, the maximum fee that | 14 | | may be collected from
the Department of Revenue for indexing | 15 | | each additional name in excess
of one for any lien, certificate | 16 | | of lien release or subordination, or any other
type of notice | 17 | | or other documentation affecting or concerning a lien is $1. | 18 | | A statement of the costs of providing each service, program | 19 | | and activity
shall be prepared by the county board. All | 20 | | supporting documents shall be
public record and subject to | 21 | | public examination and audit. All direct and
indirect costs, as | 22 | | defined in the United States Office of Management and
Budget | 23 | | Circular A-87, may be included in the determination of the | 24 | | costs 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 | 2 | | amended by changing Section 5.4 as follows: | 3 | | (70 ILCS 920/5.4)
| 4 | | Sec. 5.4. Dissolution of Suburban Cook County Tuberculosis | 5 | | Sanitarium District; disposition of land and real estate; | 6 | | continuation of District levy. | 7 | | (a) Notwithstanding any
provision of law to the contrary, | 8 | | the Suburban Cook County Tuberculosis Sanitarium District is
| 9 | | dissolved by operation of law one year after the effective date | 10 | | of this amendatory Act of the 94th General Assembly. | 11 | | (b) On or before the day 2 months after the effective date | 12 | | of this amendatory Act of the 94th General Assembly, the Board | 13 | | of Directors shall forward to the Cook County Department of | 14 | | Public Health all transition plans relating to the | 15 | | consolidation of all of the existing programs, personnel, and | 16 | | infrastructure of the District into the Cook County Bureau of | 17 | | Health Services to be administered by the Cook County | 18 | | Department of Public Health. Beginning on the effective date of | 19 | | this amendatory Act of the 94th General Assembly, the District | 20 | | shall not make any enhancements to pensions. | 21 | | (c) Upon dissolution of the District: (i) all assets and | 22 | | liabilities of the Suburban Cook County Tuberculosis | 23 | | Sanitarium District
dissolved
under this amendatory Act of the | 24 | | 94th General Assembly shall be transferred to the Cook County | 25 | | Board and the monetary assets shall be deposited into a special |
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| 1 | | purpose fund for the prevention, care, treatment, and control | 2 | | of tuberculosis and other communicable diseases in or | 3 | | associated with suburban Cook County; (ii) the Cook County | 4 | | Department of Public Health shall assume all responsibility for | 5 | | the prevention, care, treatment, and control of tuberculosis
| 6 | | within the area of the Suburban Cook County Tuberculosis | 7 | | Sanitarium District
dissolved
under this amendatory Act of the | 8 | | 94th General Assembly, including the provision of tuberculosis | 9 | | care and treatment for units of local government with | 10 | | State-certified local public health departments; and (iii) | 11 | | employees of the Suburban Cook County Tuberculosis Sanitarium | 12 | | District become employees of Cook County. | 13 | | (d) The Cook County Board may transfer to the Cook County | 14 | | Forest Preserve District appropriate unimproved real estate | 15 | | owned by the Suburban Cook County Tuberculosis Sanitarium | 16 | | District at the time of its dissolution. After the dissolution | 17 | | of the District, any land owned by the District at the time of | 18 | | its dissolution remains subject to any leases and encumbrances | 19 | | that existed upon the dissolution of the District and, if the | 20 | | land is subject to a lease, the land may not be taken by any | 21 | | unit of government during the term of the lease. | 22 | | (e) Upon the dissolution of the Suburban Cook County | 23 | | Tuberculosis Sanitarium District, any levy imposed by the | 24 | | dissolved District is abolished. In accordance with subsection | 25 | | (b) of Section 12 of the State Revenue Sharing Act, the tax | 26 | | base of the dissolved Suburban Cook County Tuberculosis |
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| 1 | | Sanitarium District shall be added to the tax base of Cook | 2 | | County.
| 3 | | (Source: P.A. 94-1050, eff. 7-24-06.) | 4 | | Section 15. The Animal Control Act is amended by changing | 5 | | Section 7 as follows:
| 6 | | (510 ILCS 5/7) (from Ch. 8, par. 357)
| 7 | | Sec. 7.
All registration fees collected shall be remitted | 8 | | to the County
Treasurer, who shall place the monies in an | 9 | | Animal Control Fund. This fund
shall be set up by him for the | 10 | | purpose of paying costs of the
Animal Control Program. All fees | 11 | | collected shall be used for the purpose
of paying claims for | 12 | | loss of livestock or poultry as
set forth in Section 19 of this | 13 | | Act and for the following purposes as
established by ordinance | 14 | | of the County Board: funds may be utilized by local
health | 15 | | departments or county nurse's offices for the purchase of human | 16 | | rabies
anti-serum, human vaccine, the cost for administration | 17 | | of serum or vaccine,
minor medical care, and for
paying the | 18 | | cost of stray dog control, impoundment, education on animal | 19 | | control
and rabies, and other costs incurred in carrying out | 20 | | the provisions and enforcement of this
Act or any county or | 21 | | municipal ordinance concurred in by the Department
relating to | 22 | | animal control , public health, or public nuisances , except as | 23 | | set forth in Section 19.
Counties of 100,000 inhabitants or | 24 | | more may assume
self-insurance liability to pay claims for the |
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| 1 | | loss of livestock or poultry.
| 2 | | (Source: P.A. 87-151.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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