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Public Act 102-0838


 

Public Act 0838 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0838
 
SB3187 EnrolledLRB102 22807 AWJ 31957 b

    AN ACT concerning 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
Sections 3-5018 and 3-5024 as follows:
 
    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
    Sec. 3-5018. Traditional fee schedule. Except as provided
for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder
elected as provided for in this Division shall receive such
fees as are or may be provided for him or her by law, in case
of provision therefor: otherwise he or she shall receive the
same fees as are or may be provided in this Section, except
when increased by county ordinance or resolution pursuant to
the provisions of this Section, to be paid to the county clerk
for his or her 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 any document that affects an interest in
real property other than documents which solely affect or
relate to an easement for water, sewer, electricity, gas,
telephone or other public service, the recorder shall charge a
fee of $1 per document to all filers of documents not filed by
any State agency, any unit of local government, or any school
district. Fifty cents of the $1 fee hereby established shall
be deposited into the County General Revenue Fund. The
remaining $0.50 shall be deposited into the Recorder's
Automation Fund and may not be appropriated or expended for
any other purpose. The additional amounts available to the
recorder for expenditure from the Recorder's Automation Fund
shall not offset or reduce any other county appropriations or
funding for the office of the recorder.
    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 or her office.
    For non-certified copies of records, an amount not to
exceed one-half of the amount provided in this Section for
certified copies, according to a standard scale of fees,
established by county ordinance or resolution and made public.
The provisions of this paragraph shall not be applicable to
any person or entity who obtains non-certified copies of
records in the following manner: (i) in bulk for all documents
recorded on any given day in an electronic or paper format for
a negotiated amount less than the amount provided for in this
paragraph for non-certified copies, (ii) under a contractual
relationship with the recorder for a negotiated amount less
than the amount provided for in this paragraph for
non-certified copies, or (iii) by means of Internet access
pursuant to Section 5-1106.1.
    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. A physical or
electronic image of the recorder's stamp satisfies the
signature requirement for recorded instruments prior to, on,
and after the effective date of this amendatory Act of the
102nd General Assembly.
    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) 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 or automated access to the
county's Geographic Information System or property 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 recorder shall collect a $9 Rental Housing Support
Program State surcharge for the recordation of any real
estate-related document. Payment of the Rental Housing Support
Program State surcharge shall be evidenced by a receipt that
shall be marked upon or otherwise affixed to the real
estate-related document by the recorder. The form of this
receipt shall be prescribed by the Department of Revenue and
the receipts shall be issued by the Department of Revenue to
each county recorder.
    The recorder shall not collect the Rental Housing Support
Program State surcharge from any State agency, any unit of
local government or any school district.
    On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by
the Department, the number of real estate-related documents
recorded for which the Rental Housing Support Program State
surcharge was collected. Each recorder shall submit $9 of each
surcharge collected in the preceding month to the Department
of Revenue and the Department shall deposit these amounts in
the Rental Housing Support Program Fund. Subject to
appropriation, amounts in the Fund may be expended only for
the purpose of funding and administering the Rental Housing
Support Program.
    For purposes of this Section, "real estate-related
document" means that term as it is defined in Section 7 of the
Rental Housing Support Program Act.
    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 or resolution, 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. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19.)
 
    (55 ILCS 5/3-5024)  (from Ch. 34, par. 3-5024)
    Sec. 3-5024. Certificate of time of filing. When any
instrument in writing is recorded in the recorder's office,
the recorder shall indorse upon such instrument a certificate
of the time (including the hour of the day) when the same was
received for recordation (which shall be considered the time
of recording the same), and the book and page in which the same
is recorded. The recorder shall sign the certificate or shall
affix his facsimile signature thereto. A physical or
electronic image of the recorder's stamp satisfies the
signature requirement for recorded instruments prior to, on,
and after the effective date of this amendatory Act of the
102nd General Assembly.
    The certificate, when signed by the recorder, or to which
he has affixed his facsimile signature or a physical or
electronic image of the recorder's stamp, shall be evidence of
the facts therein stated.
(Source: P.A. 86-962.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022