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Public Act 91-0886
HB0840 Enrolled LRB9103344PTpk
AN ACT concerning local governments.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Records Act is amended by changing
Section 7 as follows:
(50 ILCS 205/7) (from Ch. 116, par. 43.107)
Sec. 7. Disposition rules. Except as otherwise provided
by law, no public record shall be disposed of by any officer
or agency unless the written approval of the appropriate
Local Records Commission is first obtained.
The Commission shall issue regulations which shall be
binding on all such officers. Such regulations shall
establish procedures for compiling and submitting to the
Commission lists and schedules of public records proposed for
disposal; procedures for the physical destruction or other
disposition of such public records; and standards for the
reproduction of such public records by photography,
microphotographic processes, or digitized electronic format.
Such standards shall relate to the quality of the film to be
used, preparation of the public records for filming or
electronic conversion, proper identification matter on such
records so that an individual document or series of documents
can be located on the film or digitized electronic form with
reasonable facility, and that the copies contain all
significant record detail, to the end that the copies will be
adequate. Any public record may be reproduced in a microfilm
or digitized electronic format. The agency may dispose of the
original of any reproduced record Those records for which the
Commission has given or does give written approval for
disposal after a retention period of 10 years or less may be
digitized and disposed of providing: (i) the reproduction
process forms a durable medium that accurately and legibly
reproduces the original record in all details, and that does
not permit additions, deletions, or changes to the original
document images, and, if electronic, that are retained in a
trustworthy manner so that the records, and the information
contained in the records, are accessible and usable for
subsequent reference at all times while the information must
be retained, (ii) the reproduction is retained for the
prescribed retention period, and (iii) the Commission is
notified when the original record is disposed of and also
when the reproduced digitized record is disposed of. Those
records for which the Commission has given or does give
written approval for disposal after a retention period of
more than 10 years or for which the Commission has required
or does require permanent retention may be digitized and
disposed of providing: (i) the reproduction process forms a
durable medium that accurately and legibly reproduces the
original record in all details and that does not permit
additions, deletions, or changes to the original document
images, (ii) the records are also reproduced in a microfilm
format that is in compliance with Commission regulations and
that is retained for the written retention period, and (iii)
the Commission is notified when the original record is
disposed of and also when the microfilmed record is disposed
of.
Such regulations shall also provide that the State
archivist may retain any records which the Commission has
authorized to be destroyed, where they have a historical
value, and that the State archivist may deposit them in the
State Archives, State Historical Library, or a university
library, or with a historical society, museum, or library.
(Source: P.A. 89-272, eff. 8-10-95; 90-701, eff. 1-1-99.)
Section 10. 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. No filing fee shall be charged
for providing informational copies of financing statements to
the recorder pursuant to subsection (8) of Section 9-403 of
the Uniform Commercial Code.
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, in order to defray the cost of
converting the county recorder's document storage system to
computers or micrographics.
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 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.
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 in order
to defray the cost of implementing or maintaining the
county's Geographic Information System. 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. 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.
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.
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. 89-160, eff. 7-19-95; 90-300, eff. 1-1-98.)
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