Public Act 93-0256
HB0526 Enrolled LRB093 02565 MKM 02575 b
AN ACT in relation to local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-5018 as follows:
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
Sec. 3-5018. Fees. The recorder elected as provided for
in this Division shall receive such fees as are or may be
provided for him by law, in case of provision therefor:
otherwise he shall receive the same fees as are or may be
provided in this Section, except when increased by county
ordinance pursuant to the provisions of this Section, to be
paid to the county clerk for his services in the office of
recorder for like services.
For recording deeds or other instruments $12 for the
first 4 pages thereof, plus $1 for each additional page
thereof, plus $1 for each additional document number therein
noted. The aggregate minimum fee for recording any one
instrument shall not be less than $12.
For recording deeds or other instruments wherein the
premises affected thereby are referred to by document number
and not by legal description a fee of $1 in addition to that
hereinabove referred to for each document number therein
noted.
For recording assignments of mortgages, leases or liens
$12 for the first 4 pages thereof, plus $1 for each
additional page thereof. However, except for leases and
liens pertaining to oil, gas and other minerals, whenever a
mortgage, lease or lien assignment assigns more than one
mortgage, lease or lien document, a $7 fee shall be charged
for the recording of each such mortgage, lease or lien
document after the first one.
For recording maps or plats of additions or subdivisions
approved by the county or municipality (including the
spreading of the same of record in map case or other proper
books) or plats of condominiums $50 for the first page, plus
$1 for each additional page thereof except that in the case
of recording a single page, legal size 8 1/2 x 14, plat of
survey in which there are no more than two lots or parcels of
land, the fee shall be $12. In each county where such maps or
plats are to be recorded, the recorder may require the same
to be accompanied by such number of exact, true and legible
copies thereof as the recorder deems necessary for the
efficient conduct and operation of his office.
For certified copies of records the same fees as for
recording, but in no case shall the fee for a certified copy
of a map or plat of an addition, subdivision or otherwise
exceed $10.
Each certificate of such recorder of the recording of the
deed or other writing and of the date of recording the same
signed by such recorder, shall be sufficient evidence of the
recording thereof, and such certificate including the
indexing of record, shall be furnished upon the payment of
the fee for recording the instrument, and no additional fee
shall be allowed for the certificate or indexing.
The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for recording a
document (other than a document filed under the Plat Act or
the Uniform Commercial Code) that does not conform to the
following standards:
(1) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches, not
permanently bound and not a continuous form. Graphic
displays accompanying a document to be recorded that
measure up to 11 inches by 17 inches shall be recorded
without charging an additional fee.
(2) The document shall be legibly printed in black
ink, by hand, type, or computer. Signatures and dates
may be in contrasting colors if they will reproduce
clearly.
(3) The document shall be on white paper of not
less than 20-pound weight and shall have a clean margin
of at least one-half inch on the top, the bottom, and
each side. Margins may be used for non-essential
notations that will not affect the validity of the
document, including but not limited to form numbers, page
numbers, and customer notations.
(4) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(5) The document shall not have any attachment
stapled or otherwise affixed to any page.
A document that does not conform to these standards shall not
be recorded except upon payment of the additional fee
required under this paragraph. This paragraph, as amended by
this amendatory Act of 1995, applies only to documents dated
after the effective date of this amendatory Act of 1995.
The county board of any county may provide for an
additional charge of $3 for filing every instrument, paper,
or notice for record, (1) in order to defray the cost of
converting the county recorder's document storage system to
computers or micrographics and (2) in order to defray the
cost of providing access to records through the global
information system known as the Internet.
A special fund shall be set up by the treasurer of the
county and such funds collected pursuant to Public Act
83-1321 shall be used (1) solely for a document storage
system to provide the equipment, materials and necessary
expenses incurred to help defray the costs of implementing
and maintaining such a document records system and (2) for a
system to provide electronic access to those records.
The county board of any county that provides and
maintains a countywide map through a Geographic Information
System (GIS) may provide for an additional charge of $3 for
filing every instrument, paper, or notice for record (1) in
order to defray the cost of implementing or maintaining the
county's Geographic Information System and (2) in order to
defray the cost of providing electronic access to the
county's Geographic Information System records. Of that
amount, $2 must be deposited into a special fund set up by
the treasurer of the county, and any moneys collected
pursuant to this amendatory Act of the 91st General Assembly
and deposited into that fund must be used solely for the
equipment, materials, and necessary expenses incurred in
implementing and maintaining a Geographic Information System
and in order to defray the cost of providing electronic
access to the county's Geographic Information System records.
The remaining $1 must be deposited into the recorder's
special funds created under Section 3-5005.4. The recorder
may, in his or her discretion, use moneys in the funds
created under Section 3-5005.4 to defray the cost of
implementing or maintaining the county's Geographic
Information System and to defray the cost of providing
electronic access to the county's Geographic Information
System records.
The foregoing fees allowed by this Section are the
maximum fees that may be collected from any officer, agency,
department or other instrumentality of the State. The county
board may, however, by ordinance, increase the fees allowed
by this Section and collect such increased fees from all
persons and entities other than officers, agencies,
departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing
that the fees allowed by this Section are not sufficient to
cover the cost of providing the service. Regardless of any
other provision in this Section, the maximum fee that may be
collected from the Department of Revenue for filing or
indexing a lien, certificate of lien release or
subordination, or any other type of notice or other
documentation affecting or concerning a lien is $5.
Regardless of any other provision in this Section, the
maximum fee that may be collected from the Department of
Revenue for indexing each additional name in excess of one
for any lien, certificate of lien release or subordination,
or any other type of notice or other documentation affecting
or concerning a lien is $1.
A statement of the costs of providing each service,
program and activity shall be prepared by the county board.
All supporting documents shall be public record and subject
to public examination and audit. All direct and indirect
costs, as defined in the United States Office of Management
and Budget Circular A-87, may be included in the
determination of the costs of each service, program and
activity.
(Source: P.A. 91-791, eff. 6-9-00; 91-886, eff. 1-1-01;
91-893, eff. 7-1-01; 92-16, eff. 6-28-01; 92-492, eff.
1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.