Full Text of SB2495 99th General Assembly
SB2495 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2495 Introduced 2/9/2016, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: | | 55 ILCS 5/3-5018 | from Ch. 34, par. 3-5018 |
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Amends the Counties Code. Makes a technical change to a Section concerning
the county recorder's fee.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 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 Section | 5 | | 3-5018 as follows: | 6 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 7 | | Sec. 3-5018. Fees. The
The recorder elected as provided for | 8 | | in this
Division shall receive such fees as are or may be | 9 | | provided for him or her by law,
in case of provision therefor: | 10 | | otherwise he or she shall receive the same fees as
are or may | 11 | | be provided in this Section, except when increased by county
| 12 | | ordinance pursuant to the provisions of this Section, to be | 13 | | paid to the
county clerk for his or her services in the office | 14 | | of recorder 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 | 17 | | $1 for each
additional document number therein noted. The | 18 | | aggregate minimum fee
for recording any one instrument shall | 19 | | not be less than $12. | 20 | | For recording deeds or other instruments wherein the | 21 | | premises
affected thereby are referred to by document number | 22 | | and not by legal
description, a fee of $1 in addition to that | 23 | | hereinabove referred to for
each document number therein noted. |
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| 1 | | For recording assignments of mortgages, leases or liens, | 2 | | $12 for the
first 4 pages thereof, plus $1 for each additional | 3 | | page thereof. However,
except for leases and liens pertaining | 4 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 5 | | lien assignment assigns more than one
mortgage, lease or lien | 6 | | document, a $7 fee shall be charged for the recording
of each | 7 | | such mortgage, lease or lien document after the first one. | 8 | | For recording any document that affects an interest in real | 9 | | property other than documents which solely affect or relate to | 10 | | an easement for water, sewer, electricity, gas, telephone or | 11 | | other public service, the recorder shall charge a fee of $1 per | 12 | | document to all filers of documents not filed by any State | 13 | | agency, any unit of local government, or any school district. | 14 | | Fifty cents of the $1 fee hereby established shall be deposited | 15 | | into the County General Revenue Fund. The remaining $0.50 shall | 16 | | be deposited into the Recorder's Automation Fund and may not be | 17 | | appropriated or expended for any other purpose. The additional | 18 | | amounts available to the recorder for expenditure from the | 19 | | Recorder's Automation Fund shall not offset or reduce any other | 20 | | county appropriations or funding for the office of the | 21 | | recorder. | 22 | | For recording maps or plats of additions or subdivisions | 23 | | approved by the
county or municipality (including the spreading | 24 | | of the same of record in
map case or other proper books) or | 25 | | plats of condominiums, $50 for the first
page, plus $1 for each | 26 | | additional page thereof except that in the case of
recording a |
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| 1 | | single page, legal size 8 1/2 x 14, plat of survey in which
| 2 | | there are no more than two lots or parcels of land, the fee | 3 | | shall be $12.
In each county where such maps or plats are to be | 4 | | recorded, the recorder
may require the same to be accompanied | 5 | | by such number of exact, true and
legible copies thereof as the | 6 | | recorder deems necessary for the efficient
conduct and | 7 | | operation of his or her office. | 8 | | For non-certified copies of records, an amount not to | 9 | | exceed one-half of the amount provided in this Section for | 10 | | certified copies, according to a standard scale of fees, | 11 | | established by county ordinance and made public. The provisions | 12 | | of this paragraph shall not be applicable to any person or | 13 | | entity who obtains non-certified copies of records in the | 14 | | following manner: (i) in bulk for all documents recorded on any | 15 | | given day in an electronic or paper format for a negotiated | 16 | | amount less than the amount provided for in this paragraph for | 17 | | non-certified copies, (ii) under a contractual relationship | 18 | | with the recorder for a negotiated amount less than the amount | 19 | | provided for in this paragraph for non-certified copies, | 20 | | or (iii) by means of Internet access pursuant to Section | 21 | | 5-1106.1. | 22 | | For certified copies of records, the same fees as for | 23 | | recording, but
in no case shall the fee for a certified copy of | 24 | | a map or plat of an
addition, subdivision or otherwise exceed | 25 | | $10. | 26 | | Each certificate of such recorder of the recording of the |
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| 1 | | deed or
other writing and of the date of recording the same | 2 | | signed by such
recorder, shall be sufficient evidence of the | 3 | | recording thereof, and
such certificate including the indexing | 4 | | of record, shall be furnished
upon the payment of the fee for | 5 | | recording the instrument, and no
additional fee shall be | 6 | | allowed for the certificate or indexing. | 7 | | The recorder shall charge an additional fee, in an amount | 8 | | equal to the
fee otherwise provided by law, for recording a | 9 | | document (other than a
document filed under the Plat Act or the | 10 | | Uniform Commercial Code) that does
not conform to the following | 11 | | standards: | 12 | | (1) The document shall consist of one or more | 13 | | individual sheets measuring
8.5 inches by 11 inches, not | 14 | | permanently bound and not a continuous form.
Graphic | 15 | | displays accompanying a document to be recorded that | 16 | | measure up to 11
inches by 17 inches shall be recorded | 17 | | without charging an additional fee. | 18 | | (2) The document shall be legibly printed in black ink, | 19 | | by hand, type,
or computer. Signatures and dates may be in | 20 | | contrasting colors if they will
reproduce clearly. | 21 | | (3) The document shall be on white paper of not less | 22 | | than 20-pound
weight and shall have a clean margin of at | 23 | | least one-half inch on the top, the
bottom, and each side. | 24 | | Margins may be used for non-essential notations that
will | 25 | | not affect the validity of the document, including but not | 26 | | limited to
form numbers, page numbers, and customer |
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| 1 | | notations. | 2 | | (4) The first page of the document shall contain a | 3 | | blank space, measuring
at least 3 inches by 5 inches, from | 4 | | the upper right corner. | 5 | | (5) The document shall not have any attachment stapled | 6 | | or otherwise
affixed to any page. | 7 | | A document that does not conform to these standards shall
not | 8 | | be recorded except upon payment of the additional fee required | 9 | | under
this paragraph. This paragraph, as amended by this | 10 | | amendatory Act of 1995,
applies only to documents dated after | 11 | | the effective date of this amendatory
Act of 1995. | 12 | | The county board of any county may provide for an | 13 | | additional charge of $3
for filing every instrument, paper, or | 14 | | notice for record, (1)
in order to
defray the cost of | 15 | | converting the county recorder's document storage system
to | 16 | | computers or micrographics
and (2) in order to defray the cost | 17 | | of providing access to records through
the global
information | 18 | | system known as the Internet. | 19 | | A special fund shall be set up by the treasurer of the | 20 | | county and such
funds collected pursuant to Public Act 83-1321 | 21 | | shall be used (1)
for
a document storage system to provide the | 22 | | equipment, materials and necessary
expenses incurred to help | 23 | | defray the costs of implementing and maintaining
such a | 24 | | document records system
and (2) for a system to provide | 25 | | electronic access to
those records. | 26 | | The county board of any county that provides and maintains |
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| 1 | | a countywide map
through a Geographic Information System (GIS) | 2 | | may provide for an additional
charge of $3 for filing every | 3 | | instrument, paper, or notice for record (1)
in order
to defray | 4 | | the cost of implementing or maintaining the county's Geographic
| 5 | | Information System
and (2) in order to defray the cost of | 6 | | providing electronic or automated access to the
county's
| 7 | | Geographic
Information System or property records.
Of that | 8 | | amount, $2 must be deposited into a special fund
set up by the | 9 | | treasurer of the county, and any moneys collected pursuant to
| 10 | | this amendatory Act of the 91st General Assembly and deposited | 11 | | into that fund
must be used solely for the equipment, | 12 | | materials, and necessary expenses
incurred in implementing and | 13 | | maintaining a Geographic Information System and
in order to | 14 | | defray the cost of providing electronic access to the county's
| 15 | | Geographic Information System records.
The remaining $1 must be | 16 | | deposited into the recorder's special funds created
under | 17 | | Section 3-5005.4. The recorder may, in his or her discretion, | 18 | | use moneys
in the funds created under Section 3-5005.4 to | 19 | | defray the cost of implementing
or maintaining the county's | 20 | | Geographic Information System
and to defray the cost of | 21 | | providing electronic access to the county's
Geographic
| 22 | | Information System records. | 23 | | The recorder shall collect a $9 Rental Housing Support | 24 | | Program State
surcharge for the recordation of any real | 25 | | estate-related document. Payment of the
Rental Housing Support | 26 | | Program State surcharge shall be evidenced by a receipt
that |
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| 1 | | shall be marked upon or otherwise affixed to the real | 2 | | estate-related document
by the recorder. The form of this | 3 | | receipt shall be prescribed by the Department
of Revenue and | 4 | | the receipts shall be issued by the Department of Revenue to
| 5 | | each county recorder. | 6 | | The recorder shall not collect the Rental Housing Support | 7 | | Program State surcharge from any State agency, any unit of | 8 | | local government or any school district. | 9 | | On the 15th day of each month, each county recorder shall | 10 | | report
to the Department of Revenue, on a form prescribed by | 11 | | the Department,
the number of real estate-related documents | 12 | | recorded for which
the Rental Housing Support Program
State | 13 | | surcharge was collected. Each recorder shall submit $9 of each | 14 | | surcharge collected in the
preceding month to the Department of | 15 | | Revenue and the Department
shall deposit these amounts in the | 16 | | Rental Housing Support Program Fund. Subject to appropriation, | 17 | | amounts in the Fund may be expended only for the purpose of | 18 | | funding and administering the Rental Housing Support Program. | 19 | | For purposes of this Section, "real estate-related | 20 | | document" means that term as it is defined in Section 7 of the | 21 | | Rental Housing Support Program Act.
| 22 | | The foregoing fees allowed by this Section are the maximum | 23 | | fees that
may be collected from any officer, agency, department | 24 | | or other
instrumentality of the State. The county board may, | 25 | | however, by ordinance,
increase the fees allowed by this | 26 | | Section and collect such increased fees
from all persons and |
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| 1 | | entities other than officers, agencies, departments
and other | 2 | | instrumentalities of the State if the increase is justified by | 3 | | an
acceptable cost study showing that the fees allowed by this | 4 | | Section are not
sufficient to cover the cost of providing the | 5 | | service.
Regardless of any other provision in this Section, the | 6 | | maximum fee that may
be collected from the Department of | 7 | | Revenue for filing or indexing a
lien, certificate of lien | 8 | | release or subordination, or any other type of notice
or other | 9 | | documentation affecting or concerning a lien is $5. Regardless | 10 | | of
any other provision in this Section, the maximum fee that | 11 | | may be collected from
the Department of Revenue for indexing | 12 | | each additional name in excess
of one for any lien, certificate | 13 | | of lien release or subordination, or any other
type of notice | 14 | | or other documentation affecting or concerning a lien is $1. | 15 | | A statement of the costs of providing each service, program | 16 | | and activity
shall be prepared by the county board. All | 17 | | supporting documents shall be
public record and subject to | 18 | | public examination and audit. All direct and
indirect costs, as | 19 | | defined in the United States Office of Management and
Budget | 20 | | Circular A-87, may be included in the determination of the | 21 | | costs of
each service, program and activity. | 22 | | (Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; 98-756, | 23 | | eff. 7-16-14.) |
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