Illinois Senate Bill SB2227 Introduced / Bill

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2227 Introduced 2/10/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:  See Index  Amends the Recorder Division of the Counties Code. Removes a requirement that a recorder be commissioned by the Governor. Provides that the chief deputy recorder (rather than the deputy recorder) shall be the recorder when the elected recorder is in active military service and that the chief deputy recorder shall receive the same compensation as the recorder during this time unless already receiving higher compensation than the recorder. Allows storage of certain information or documents in databases rather than only in books. Removes provisions repealing a Section concerning a mechanics lien demand and referral pilot program that would have otherwise repealed on January 1, 2024. Provides that the recorder may accept facsimile or other photographic or photostatic copies of the signatures of parties executing documents without labeling those signatures as copies if they are digital signatures offered in compliance with federal or State law. In provisions relating to documents received stating that a mortgage or lien is to be filed but not recorded, provides that the document will be marked filed only upon payment of a fee equal to what would be charged if the document were to be recorded. Provides that a recorder may waive the fee for additional copies of certificates of discharge or release from active duty if the recorder deems collecting the fee to be a burden to the county and the fee is waived for all requesting copies of these documents. Removes and repeals provisions relating to the time for opening and closing the recorder's office. Increases the fee for violations relating to recording a map, plat, or subdivision of land to $1,000 (rather than $200). Replaces pronouns with gender-neutral terms. Makes other changes. Effective immediately.  LRB103 28861 AWJ 55246 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2227 Introduced 2/10/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:  See Index See Index  Amends the Recorder Division of the Counties Code. Removes a requirement that a recorder be commissioned by the Governor. Provides that the chief deputy recorder (rather than the deputy recorder) shall be the recorder when the elected recorder is in active military service and that the chief deputy recorder shall receive the same compensation as the recorder during this time unless already receiving higher compensation than the recorder. Allows storage of certain information or documents in databases rather than only in books. Removes provisions repealing a Section concerning a mechanics lien demand and referral pilot program that would have otherwise repealed on January 1, 2024. Provides that the recorder may accept facsimile or other photographic or photostatic copies of the signatures of parties executing documents without labeling those signatures as copies if they are digital signatures offered in compliance with federal or State law. In provisions relating to documents received stating that a mortgage or lien is to be filed but not recorded, provides that the document will be marked filed only upon payment of a fee equal to what would be charged if the document were to be recorded. Provides that a recorder may waive the fee for additional copies of certificates of discharge or release from active duty if the recorder deems collecting the fee to be a burden to the county and the fee is waived for all requesting copies of these documents. Removes and repeals provisions relating to the time for opening and closing the recorder's office. Increases the fee for violations relating to recording a map, plat, or subdivision of land to $1,000 (rather than $200). Replaces pronouns with gender-neutral terms. Makes other changes. Effective immediately.  LRB103 28861 AWJ 55246 b     LRB103 28861 AWJ 55246 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2227 Introduced 2/10/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Recorder Division of the Counties Code. Removes a requirement that a recorder be commissioned by the Governor. Provides that the chief deputy recorder (rather than the deputy recorder) shall be the recorder when the elected recorder is in active military service and that the chief deputy recorder shall receive the same compensation as the recorder during this time unless already receiving higher compensation than the recorder. Allows storage of certain information or documents in databases rather than only in books. Removes provisions repealing a Section concerning a mechanics lien demand and referral pilot program that would have otherwise repealed on January 1, 2024. Provides that the recorder may accept facsimile or other photographic or photostatic copies of the signatures of parties executing documents without labeling those signatures as copies if they are digital signatures offered in compliance with federal or State law. In provisions relating to documents received stating that a mortgage or lien is to be filed but not recorded, provides that the document will be marked filed only upon payment of a fee equal to what would be charged if the document were to be recorded. Provides that a recorder may waive the fee for additional copies of certificates of discharge or release from active duty if the recorder deems collecting the fee to be a burden to the county and the fee is waived for all requesting copies of these documents. Removes and repeals provisions relating to the time for opening and closing the recorder's office. Increases the fee for violations relating to recording a map, plat, or subdivision of land to $1,000 (rather than $200). Replaces pronouns with gender-neutral terms. Makes other changes. Effective immediately.
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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
5  Sections 3-5001, 3-5002, 3-5003, 3-5004, 3-5005, 3-5005.1,
6  3-5005.2, 3-5005.3, 3-5005.4, 3-5006, 3-5007, 3-5008, 3-5009,
7  3-5010, 3-5010.5, 3-5010.8, 3-5011, 3-5012, 3-5013, 3-5014,
8  3-5015, 3-5016, 3-5018, 3-5018.1, 3-5019, 3-5020, 3-5020.5,
9  3-5021, 3-5024, 3-5025, 3-5029, 3-5031, 3-5033, 3-5036.5,
10  3-5037, 3-5038, and 3-5045 as follows:
11  (55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
12  Sec. 3-5001. County clerk as recorder; election of
13  recorder. The county clerk in counties having a population of
14  less than 60,000 inhabitants shall be the recorder in the
15  clerk's his county.
16  In counties having a population of 60,000 or more
17  inhabitants, there shall be elected a recorder, as provided by
18  law, who shall hold his office until a his successor is
19  qualified.
20  If the population of any county in which a recorder has
21  been elected decreases to less than 60,000, the voters of that
22  county shall continue to elect a recorder if the county board
23  adopts a resolution to continue the office of an elected

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2227 Introduced 2/10/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Recorder Division of the Counties Code. Removes a requirement that a recorder be commissioned by the Governor. Provides that the chief deputy recorder (rather than the deputy recorder) shall be the recorder when the elected recorder is in active military service and that the chief deputy recorder shall receive the same compensation as the recorder during this time unless already receiving higher compensation than the recorder. Allows storage of certain information or documents in databases rather than only in books. Removes provisions repealing a Section concerning a mechanics lien demand and referral pilot program that would have otherwise repealed on January 1, 2024. Provides that the recorder may accept facsimile or other photographic or photostatic copies of the signatures of parties executing documents without labeling those signatures as copies if they are digital signatures offered in compliance with federal or State law. In provisions relating to documents received stating that a mortgage or lien is to be filed but not recorded, provides that the document will be marked filed only upon payment of a fee equal to what would be charged if the document were to be recorded. Provides that a recorder may waive the fee for additional copies of certificates of discharge or release from active duty if the recorder deems collecting the fee to be a burden to the county and the fee is waived for all requesting copies of these documents. Removes and repeals provisions relating to the time for opening and closing the recorder's office. Increases the fee for violations relating to recording a map, plat, or subdivision of land to $1,000 (rather than $200). Replaces pronouns with gender-neutral terms. Makes other changes. Effective immediately.
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A BILL FOR

 

 

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1  recorder.
2  (Source: P.A. 86-962; 86-1028.)
3  (55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
4  Sec. 3-5002. Bond. Every recorder, whether elected as such
5  or holding the office of recorder in addition to the office of
6  county clerk as hereinbefore provided, shall, before entering
7  upon the duties of the his or her office, give bonds (or, if
8  the county is self-insured, the county through its
9  self-insurance program may provide bonding), with sufficient
10  security to be approved by the circuit court, payable to the
11  People of the State of Illinois, in the penal sum of $10,000
12  (except that in counties having a population of 60,000 or more
13  inhabitants the penalty of the bond shall be $20,000),
14  conditioned for the faithful discharge of the recorder's his
15  or her duties, and to deliver up all papers, books, records and
16  other things appertaining to the his or her office, whole,
17  safe and undefaced, when lawfully required so to do - which
18  bond shall be filed in the office of the Secretary of State,
19  and a copy thereof filed of record in the court.
20  (Source: P.A. 88-387.)
21  (55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
22  Sec. 3-5003. Oath. Each recorder, before entering upon the
23  duties of the his office, shall take and subscribe to the oath
24  or affirmation prescribed by Section 3, Article XIII of the

 

 

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1  Constitution, which shall be filed with the county clerk.
2  (Source: P.A. 86-962.)
3  (55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
4  Sec. 3-5004. Commencement of duties. The recorder shall
5  enter upon the duties of the his office on the first day in the
6  month of December following the recorder's his election on
7  which the office of the recorder is required, by statute or by
8  action of the county board, to be open. He shall be
9  commissioned by the Governor.
10  (Source: P.A. 86-962.)
11  (55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
12  Sec. 3-5005. Functions, powers and duties of recorder. The
13  functions and powers of the recorders shall be uniform in the
14  various counties of this State. The recorder has those
15  functions, powers, and duties as provided in this Division the
16  Sections following this Section and preceding Section 3-5006.
17  (Source: P.A. 86-962.)
18  (55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
19  Sec. 3-5005.1. Appointment of deputies, assistants and
20  personnel. The recorder shall appoint his deputies,
21  assistants, and personnel to assist the recorder him in the
22  performance of the recorder's his duties.
23  (Source: P.A. 86-962.)

 

 

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1  (55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
2  Sec. 3-5005.2. Internal operations of office. The recorder
3  shall have the right to control the internal operations of the
4  his office; to procure necessary equipment, materials and
5  services to perform the duties of the his office. The recorder
6  Recorder shall have the right to select the computer or
7  micrographic system to be used for document storage and
8  retrieval. The recorder Recorder may retain the services of
9  management or consulting firms to establish or maintain such a
10  system.
11  (Source: P.A. 86-962.)
12  (55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3)
13  Sec. 3-5005.3. Monthly report of financial status. The
14  recorder shall file a monthly report with the county clerk
15  summarizing the financial status of the his office in such
16  form as shall be determined by the county board.
17  (Source: P.A. 86-962.)
18  (55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4)
19  Sec. 3-5005.4. Deposit of fee income; special funds. The
20  recorder shall deposit in the office of the county treasurer
21  monthly by the 10th day of the month following, all fee income.
22  The recorder may maintain the following special funds from
23  which the county board shall authorize payment by voucher

 

 

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1  between board meetings:
2  (a) Overpayments.
3  (b) Reasonable amount needed during the succeeding
4  accounting period to pay office expenses, postage, freight,
5  express or similar charges.
6  (c) Excess earnings from the sale of revenue stamps to be
7  maintained in a fund to be used for the purchase of additional
8  stamps from the Illinois Department of Revenue.
9  (d) Fund to pay necessary travel, dues and other expenses
10  incurred in attending workshops, educational seminars and
11  organizational meetings established for the purpose of
12  providing in-service training.
13  (e) Trust funds and for such other purposes as may be
14  provided for by law.
15  (f) Such other funds as may be authorized by the county
16  board. The recorder shall make accounting monthly to the
17  county board through the county clerk of all special funds
18  maintained by the recorder him in the discharge of the
19  recorder's his duties.
20  (Source: P.A. 86-962.)
21  (55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
22  Sec. 3-5006. Appointment of deputies in writing.
23  Appointments of deputies shall be in writing, and entered upon
24  the records of the his office.
25  (Source: P.A. 86-962.)

 

 

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1  (55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007)
2  Sec. 3-5007. Oath of deputies. Each deputy shall, before
3  entering upon the deputy's duties of his office, take and
4  subscribe an oath or affirmation, in like form as is required
5  of the recorder, which shall be filed in the office of the
6  recorder.
7  (Source: P.A. 86-962.)
8  (55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
9  Sec. 3-5008. Powers of deputies. Deputy recorders duly
10  appointed and qualified may perform any and all duties of the
11  recorder in the name of the recorder, and the acts of such
12  deputies shall be held to be the acts of the recorder, and in
13  case of the death of the recorder or the recorder's his
14  deposition from office, the chief deputy shall thereupon
15  become the acting recorder until such vacancy shall be filled
16  according to the The Election Code, and the chief deputy he
17  shall file a like bond and be vested with the same powers and
18  subject to the same responsibilities and entitled to the same
19  compensation as in case of recorder. Provided, that if the
20  recorder is called into the active military service of the
21  United States, the his office shall not be deemed to be vacant
22  during the time the recorder he is in the active military
23  service of the United States, but during the time the recorder
24  he is in such active military service of the United States the

 

 

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1  chief deputy recorder shall be the recorder, and shall perform
2  and discharge all of the duties of the recorder in such county,
3  and shall be paid the same compensation as provided by law for
4  the recorder of the county unless compensated at a higher rate
5  than the recorder as chief deputy, apportioned as to the time
6  of service, and such deputy recorder shall cease to be the
7  recorder upon the discharge of said recorder from the active
8  military service of the United States; and provided further,
9  that the chief deputy recorder, upon becoming the temporary
10  recorder during the absence of the recorder in the active
11  military service of the United States, shall give bond as
12  required of a regularly elected recorder.
13  (Source: P.A. 86-962.)
14  (55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
15  Sec. 3-5009. Recorder liable for deputies. The recorder
16  shall be liable for any neglect or omission of the duties of
17  the his office, when occasioned by a deputy, in the same manner
18  as for the recorder's his own personal neglect or omission.
19  (Source: P.A. 86-962.)
20  (55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)
21  Sec. 3-5010. Duties of recorder. Every recorder shall, as
22  soon as practicable after the receipt of any instrument in
23  writing in the his office, entitled to be recorded, record the
24  same at length in the order of time of its reception, in well

 

 

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1  bound books or computer databases to be provided for that
2  purpose. In counties of 500,000 or more inhabitants, the
3  recorder may microphotograph or otherwise reproduce on film
4  any of such instruments in the manner provided by law. In
5  counties of less than 500,000 inhabitants, the recorder may
6  cause to be microphotographed or otherwise reproduced on film
7  any of such instruments or electronic method of storage. When
8  any such instrument is reproduced on film or electronic method
9  of storage, the film or electronic method of storage shall
10  comply with the minimum standards of quality approved for
11  records of the State Records Commission and the device used to
12  reproduce the records on the film or electronic method of
13  storage shall be one which accurately reproduces the contents
14  of the original.
15  (Source: P.A. 97-757, eff. 7-6-12.)
16  (55 ILCS 5/3-5010.5)
17  Sec. 3-5010.5. Fraud referral and review.
18  (a) Legislative findings. The General Assembly finds that
19  property fraud, including fraudulent filings intended to cloud
20  or fraudulently transfer title to property by recording false
21  or altered documents and deeds, is a rapidly growing problem
22  throughout the State. In order to combat the increase in the
23  number of these filings, a recorder may establish a process to
24  review and refer documents suspected to be fraudulent.
25  (b) Definitions. The terms "recording" and "filing" are

 

 

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1  used interchangeably in this Section.
2  (c) Establishment and use of a fraud referral and review
3  process. A recorder who establishes a fraud referral and
4  review process under the provisions of this Section may use it
5  to review deeds and instruments and refer any of them to an
6  administrative law judge for review pursuant to subsection (g)
7  of this Section that cause the recorder to reasonably believe
8  that the filing may be fraudulent, unlawfully altered, or
9  intended to unlawfully cloud or transfer the title of any real
10  property. The recorder may enter into an intergovernmental
11  agreement with local law enforcement officials for the
12  purposes of this referral and review. A recorder may request
13  that the Secretary of the Department of Financial and
14  Professional Regulation assist in reviewing possible
15  fraudulent filings. Upon request, the Secretary, or the
16  Secretary's his or her designee, shall assist in identifying
17  the validity of filings. The recorder shall notify the
18  Secretary when a document suspected to be fraudulent is
19  discovered.
20  In counties with a population of less than 3 million, a
21  recorder shall provide public notice 90 days before the
22  establishment of the fraud referral and review process. The
23  notice shall include a statement of the recorder's intent to
24  create a fraud referral and review process and shall be
25  published in a newspaper of general circulation in the county
26  and, if feasible, posted on the recorder's website and at the

 

 

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1  recorder's office or offices.
2  In determining whether to refer a document to an
3  administrative law judge for review, a recorder may take into
4  consideration any of the following factors:
5  (1) whether the owner of the property or owner's his
6  or her designated representative has reported to the
7  recorder that another individual is attempting or has
8  attempted to record a fraudulent deed or other instrument
9  upon the property;
10  (2) whether a law enforcement official has contacted
11  the recorder indicating that the law enforcement official
12  he or she has probable cause to suspect title or recording
13  fraud;
14  (3) whether the filer's name has a copyright attached
15  to it or the property owner's name has nonstandard
16  punctuation attached to it;
17  (4) whether the documents assert fines that do not
18  exist or have no basis under current law or that require
19  payment in gold or silver;
20  (5) whether the documents are maritime liens, or liens
21  under the Federal Maritime Lien Act or the Preferred Ship
22  Mortgage Act, or not authorized by the United States Coast
23  Guard;
24  (6) whether the documents are land patents not
25  authorized and certified by the United States Department
26  of the Interior Bureau of Land Management;

 

 

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1  (7) whether the documents are representing that the
2  subject of the lien is releasing itself from a lien held by
3  another entity, with no apparent cooperation or
4  authorization provided by the lienholder;
5  (8) whether the documents are protesting or disputing
6  a foreclosure proceeding that are not filed within the
7  foreclosure suit and with the court presiding over the
8  matter;
9  (9) whether the documents are Uniform Commercial Code
10  filings referencing birth certificates or other private
11  records that are not in compliance with Section 9-501 of
12  the Uniform Commercial Code;
13  (10) whether the documents are re-recording deeds to
14  re-notarize or attach notary certification if prior
15  notarization already appears unaltered on the document of
16  record;
17  (11) whether the documents are asserting diplomatic
18  credentials or immunity, non-United States citizenship, or
19  independence from the laws of the United States;
20  (12) whether the documents are claims that a bank
21  cannot hold title after a foreclosure;
22  (13) whether the documents are deeds not properly
23  signed by the last legal owner of record or the owner's
24  court-appointed his or her court appointed representative
25  or attorney-in-fact under a power of attorney;
26  (14) whether the documents are manipulated or altered

 

 

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1  federal or State legal or court forms that release a lien;
2  (15) whether a document is not related to a valid
3  existing or potential adverse transaction, existing lien,
4  or judgment of a court of competent jurisdiction;
5  (16) a document that is not related to a valid
6  existing or potential commercial or financial transaction,
7  existing agricultural or other lien, or judgment of a
8  court of competent jurisdiction;
9  (17) whether the document is filed with the intent to
10  harass or defraud the person identified in the record or
11  any other person;
12  (18) whether the document is filed with the intent to
13  harass or defraud any member of a governmental office,
14  including, but not limited to, the recorder's office,
15  local government offices, the State of Illinois, or the
16  Federal government; and
17  (19) whether the documents are previous court
18  determinations, including a previous determination by a
19  court of competent jurisdiction that a particular document
20  is fraudulent, invalid, or forged.
21  (d) Determinations. If a recorder determines, after review
22  by legal staff and counsel, that a deed or instrument that is
23  recorded in the grantor's index or the grantee's index may be
24  fraudulent, unlawfully altered, or intended to unlawfully
25  cloud or transfer the title of any real property, the recorder
26  he or she shall refer the deed or instrument to an

 

 

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1  administrative law judge for review pursuant to subsection (g)
2  of this Section. The recorder shall record a Notice of
3  Referral in the grantor's index or the grantee's index
4  identifying the document, corresponding document number in
5  question, and the date of referral. The recorder shall also
6  notify the parties set forth in subsection (e) of this
7  Section. The recorder may, at the recorder's his or her
8  discretion, notify law enforcement officials regarding a
9  filing determined to be fraudulent, unlawfully altered, or
10  intended to unlawfully cloud or transfer the title of any real
11  property.
12  (e) Notice. The recorder shall use county property tax
13  records to identify and provide notice to the last owner of
14  record by telephone, if available, and certified mail both
15  when: (1) a deed or instrument has been referred for review and
16  determination; and (2) a final determination has been made
17  regarding the deed or instrument. Notice, by mail, shall also
18  be sent to the physical address of the property associated
19  with the deed or instrument.
20  (f) Administrative decision. The recorder's decision to
21  add a Notice of Referral and refer a document for review is a
22  final administrative decision that is subject to review by the
23  circuit court of the county where the real property is located
24  under the Administrative Review Law. The standard of review by
25  the circuit court shall be de novo.
26  (g) Referral and review process. Prior to referral, the

 

 

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1  recorder shall notify the last owner of record of the document
2  or documents suspected to be fraudulent. The person, entity,
3  or legal representative thereof shall confirm in writing the
4  person's, entity's, or legal representative's his or her
5  belief that a document or documents are suspected to be
6  fraudulent and may request that the recorder refer the case
7  for review. Upon request, the recorder shall bring a case to
8  its county department of administrative hearings and, within
9  10 business days after receipt, an administrative law judge
10  shall schedule a hearing to occur no later than 30 days after
11  receiving the referral. The referral and case shall clearly
12  identify the person, persons, or entity believed to be the
13  last true owner of record as the petitioner. Notice of the
14  hearing shall be provided by the administrative law judge to
15  the filer, or the party represented by the filer, of the
16  suspected fraudulent document, the legal representative of the
17  recorder of deeds who referred the case, and the last owner of
18  record, as identified in the referral.
19  If clear and convincing evidence shows the document in
20  question to be fraudulent, the administrative law judge shall
21  rule the document to be fraudulent and forward the judgment to
22  all the parties identified in this subsection. Upon receiving
23  notice of the judgment of fraud, the recorder shall, within 5
24  business days, record a new document that includes a copy of
25  the judgment in front of the Notice of Referral that shall
26  clearly state that the document in question has been found to

 

 

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1  be fraudulent and shall not be considered to affect the chain
2  of title of the property in any way.
3  If the administrative law judge finds the document to be
4  legitimate, the recorder shall, within 5 business days after
5  receiving notice, record a copy of the judgment.
6  A decision by an administrative law judge shall not
7  preclude a State's attorney or sheriff from proceeding with a
8  criminal investigation or criminal charges. If a county does
9  not have an administrative law judge that specializes in
10  public records, one shall be appointed within 3 months after
11  the effective date of this amendatory Act of the 98th General
12  Assembly, or the original case shall be forwarded to the
13  proper circuit court with jurisdiction.
14  Nothing in this Section precludes a private right of
15  action by any party with an interest in the property affected
16  by the review and referral, or the filer of the document or
17  documents suspected to be fraudulent. Nothing in this Section
18  requires a person or entity who may have had a fraudulent
19  document or encumbrance filed against the person's or entity's
20  his or her property to use the fraud review and referral
21  process or administrative review created by this Section.
22  (h) Fees. The recorder shall retain any filing fees
23  associated with filing a deed or instrument that is determined
24  to be fraudulent, unlawfully altered, or intended to
25  unlawfully cloud or transfer the title of any real property
26  under this Section.

 

 

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1  (i) Liability. Neither a recorder nor any of the
2  recorder's his or her employees or agents shall be subject to
3  personal liability by reason of any error or omission in the
4  performance of any duty under this Section, except in case of
5  willful or wanton conduct. Neither the recorder nor any of the
6  recorder's his or her employees shall incur liability for the
7  referral or review, or failure to refer or review, a document
8  or instrument under this Section.
9  (j) Applicability. This Section applies only to filings
10  provided to the recorder on and after the effective date of
11  this amendatory Act of the 98th General Assembly.
12  (k) (Blank).
13  (Source: P.A. 100-276, eff. 8-22-17.)
14  (55 ILCS 5/3-5010.8)
15  (Section scheduled to be repealed on January 1, 2024)
16  Sec. 3-5010.8. Mechanics lien demand and referral pilot
17  program.
18  (a) Legislative findings. The General Assembly finds that
19  expired mechanics liens on residential property, which cloud
20  title to property, are a rapidly growing problem throughout
21  the State. In order to address the increase in expired
22  mechanics liens and, more specifically, those that have not
23  been released by the lienholder, a recorder may establish a
24  process to demand and refer mechanics liens that have been
25  recorded but not litigated or released in accordance with the

 

 

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1  Mechanics Lien Act to an administrative law judge for
2  resolution or demand that the lienholder commence suit or
3  forfeit the lien.
4  (b) Definitions. As used in this Section:
5  "Demand to Commence Suit" means the written demand
6  specified in Section 34 of the Mechanics Lien Act.
7  "Mechanics lien" and "lien" are used interchangeably in
8  this Section.
9  "Notice of Expired Mechanics Lien" means the notice a
10  recorder gives to a property owner under subsection (d)
11  informing the property owner of an expired lien.
12  "Notice of Referral" means the document referring a
13  mechanics lien to a county's code hearing unit.
14  "Recording" and "filing" are used interchangeably in this
15  Section.
16  "Referral" or "refer" means a recorder's referral of a
17  mechanics lien to a county's code hearing unit to obtain a
18  determination as to whether a recorded mechanics lien is
19  valid.
20  "Residential property" means real property improved with
21  not less than one nor more than 4 residential dwelling units; a
22  residential condominium unit, including, but not limited to,
23  the common elements allocated to the exclusive use of the
24  condominium unit that form an integral part of the condominium
25  unit and any parking unit or units specified by the
26  declaration to be allocated to a specific residential

 

 

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1  condominium unit; or a single tract of agriculture real estate
2  consisting of 40 acres or less that is improved with a
3  single-family residence. If a declaration of condominium
4  ownership provides for individually owned and transferable
5  parking units, "residential property" does not include the
6  parking unit of a specified residential condominium unit
7  unless the parking unit is included in the legal description
8  of the property against which the mechanics lien is recorded.
9  (c) Establishment of a mechanics lien demand and referral
10  process. After a public hearing, a recorder in a county with a
11  code hearing unit may adopt rules establishing a mechanics
12  lien demand and referral process for residential property. A
13  recorder shall provide public notice 90 days before the public
14  hearing. The notice shall include a statement of the
15  recorder's intent to create a mechanics lien demand and
16  referral process and shall be published in a newspaper of
17  general circulation in the county and, if feasible, be posted
18  on the recorder's website and at the recorder's office or
19  offices.
20  (d) Notice of Expired Lien. If a recorder determines,
21  after review by legal staff or counsel, that a mechanics lien
22  recorded in the grantor's index or the grantee's index is an
23  expired lien, the recorder shall serve a Notice of Expired
24  Lien by certified mail to the last known address of the owner.
25  The owner or legal representative of the owner of the
26  residential property shall confirm in writing the owner's or

 

 

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1  legal representative's his or her belief that the lien is not
2  involved in pending litigation and, if there is no pending
3  litigation, as verified and confirmed by county court records,
4  the owner may request that the recorder proceed with a
5  referral or serve a Demand to Commence Suit.
6  For the purposes of this Section, a recorder shall
7  determine if a lien is an expired lien. A lien is expired if a
8  suit to enforce the lien has not been commenced or a
9  counterclaim has not been filed by the lienholder within 2
10  years after the completion date of the contract as specified
11  in the recorded mechanics lien. The 2-year period shall be
12  increased to the extent that an automatic stay under Section
13  362(a) of the United States Bankruptcy Code stays a suit or
14  counterclaim to foreclose the lien. If a work completion date
15  is not specified in the recorded lien, then the work
16  completion date is the date of recording of the mechanics
17  lien.
18  (e) Demand to Commence Suit. Upon receipt of an owner's
19  confirmation that the lien is not involved in pending
20  litigation and a request for the recorder to serve a Demand to
21  Commence Suit, the recorder shall serve a Demand to Commence
22  Suit on the lienholder of the expired lien as provided in
23  Section 34 of the Mechanics Lien Act. A recorder may request
24  that the Secretary of State assist in providing registered
25  agent information or obtain information from the Secretary of
26  State's registered business database when the recorder seeks

 

 

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1  to serve a Demand to Commence suit on the lienholder. Upon
2  request, the Secretary of State, or the Secretary of State's
3  his or her designee, shall provide the last known address or
4  registered agent information for a lienholder who is
5  incorporated or doing business in the State. The recorder must
6  record a copy of the Demand to Commence suit in the grantor's
7  index or the grantee's index identifying the mechanics lien
8  and include the corresponding document number and the date of
9  demand. The recorder may, at the recorder's his or her
10  discretion, notify the Secretary of State regarding a Demand
11  to Commence suit determined to involve a company, corporation,
12  or business registered with that office.
13  When the lienholder commences a suit or files an answer
14  within 30 days or the lienholder records a release of lien with
15  the county recorder as required by subsection (a) of Section
16  34 of the Mechanics Lien Act, then the demand and referral
17  process is completed for the recorder for that property. If
18  service under this Section is responded to consistent with
19  Section 34 of the Mechanics Lien Act, the recorder may not
20  proceed under subsection (f). If no response is received
21  consistent with Section 34 of the Mechanics Lien Act, the
22  recorder may proceed under subsection (f).
23  (f) Referral. Upon receipt of an owner's confirmation that
24  the lien is not involved in pending litigation and a request
25  for the recorder to proceed with a referral, the recorder
26  shall: (i) file the Notice of Referral with the county's code

 

 

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1  hearing unit; (ii) identify and notify the lienholder by
2  telephone, if available, of the referral and send a copy of the
3  Notice of Referral by certified mail to the lienholder using
4  information included in the recorded mechanics lien or the
5  last known address or registered agent received from the
6  Secretary of State or obtained from the Secretary of State's
7  registered business database; (iii) send a copy of the Notice
8  of Referral by mail to the physical address of the property
9  owner associated with the lien; and (iv) record a copy of the
10  Notice of Referral in the grantor's index or the grantee's
11  index identifying the mechanics lien and include the
12  corresponding document number. The Notice of Referral shall
13  clearly identify the person, persons, or entity believed to be
14  the owner, assignee, successor, or beneficiary of the lien.
15  The recorder may, at the recorder's his or her discretion,
16  notify the Secretary of State regarding a referral determined
17  to involve a company, corporation, or business registered with
18  that office.
19  No earlier than 30 business days after the date the
20  lienholder is required to respond to a Demand to Commence Suit
21  under Section 34 of the Mechanics Lien Act, the code hearing
22  unit shall schedule a hearing to occur at least 30 days after
23  sending notice of the date of hearing. Notice of the hearing
24  shall be provided by the county recorder, by and through the
25  recorder's his or her representative, to the filer, or the
26  party represented by the filer, of the expired lien, the legal

 

 

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1  representative of the recorder of deeds who referred the case,
2  and the last owner of record, as identified in the Notice of
3  Referral.
4  If the recorder shows by clear and convincing evidence
5  that the lien in question is an expired lien, the
6  administrative law judge shall rule the lien is forfeited
7  under Section 34.5 of the Mechanics Lien Act and that the lien
8  no longer affects the chain of title of the property in any
9  way. The judgment shall be forwarded to all parties identified
10  in this subsection. Upon receiving judgment of a forfeited
11  lien, the recorder shall, within 5 business days, record a
12  copy of the judgment in the grantor's index or the grantee's
13  index.
14  If the administrative law judge finds the lien is not
15  expired, the recorder shall, no later than 5 business days
16  after receiving notice of the decision of the administrative
17  law judge, record a copy of the judgment in the grantor's index
18  or the grantee's index.
19  A decision by an administrative law judge is reviewable
20  under the Administrative Review Law, and nothing in this
21  Section precludes a property owner or lienholder from
22  proceeding with a civil action to resolve questions concerning
23  a mechanics lien.
24  A lienholder or property owner may remove the action from
25  the code hearing unit to the circuit court as provided in
26  subsection (i).

 

 

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1  (g) Final administrative decision. The recorder's decision
2  to refer a mechanics lien or serve a Demand to Commence Suit is
3  a final administrative decision that is subject to review
4  under the Administrative Review Law by the circuit court of
5  the county where the real property is located. The standard of
6  review by the circuit court shall be consistent with the
7  Administrative Review Law.
8  (h) Liability. A recorder and the recorder's his or her
9  employees or agents are not subject to personal liability by
10  reason of any error or omission in the performance of any duty
11  under this Section, except in the case of willful or wanton
12  conduct. The recorder and the recorder's his or her employees
13  or agents are not liable for the decision to refer a lien or
14  serve a Demand to Commence Suit, or failure to refer or serve a
15  Demand to Commence Suit, of a lien under this Section.
16  (i) Private actions; use of demand and referral process.
17  Nothing in this Section precludes a private right of action by
18  any party with an interest in the property affected by the
19  mechanics lien or a decision by the code hearing unit. Nothing
20  in this Section requires a person or entity who may have a
21  mechanics lien recorded against the person's or entity's his
22  or her property to use the mechanics lien demand and referral
23  process created by this Section.
24  A lienholder or property owner may remove a matter in the
25  referral process to the circuit court at any time prior to the
26  final decision of the administrative law judge by delivering a

 

 

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1  certified notice of the suit filed in the circuit court to the
2  administrative law judge. Upon receipt of the certified
3  notice, the administrative law judge shall dismiss the matter
4  without prejudice. If the matter is dismissed due to removal,
5  then the demand and referral process is completed for the
6  recorder for that property. If the circuit court dismisses the
7  removed matter without deciding on whether the lien is expired
8  and without prejudice, the recorder may reinstitute the demand
9  and referral process under subsection (d).
10  (j) (Blank). Repeal. This Section is repealed on January
11  1, 2024.
12  (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
13  (55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
14  Sec. 3-5011. Office to remain open during bank holiday.
15  Whenever an emergency exists which involves the banking or
16  credit structure within the State of Illinois, and which is
17  recognized by a proclamation by the Governor or by an act or
18  resolution of the General Assembly, and by such proclamation
19  of the Governor a public holiday has been or shall be declared,
20  the proclamation of such public holiday shall not require the
21  recorder or registrar of titles in any county in this State to
22  close the recorder's or registrar's his office, but every such
23  recorder or registrar of titles shall continue to keep the
24  recorder's or registrar's his office open and to operate in
25  the same manner as though no such public holiday had been

 

 

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1  declared, unless in and by such proclamation the Governor of
2  this State shall make specific reference to the closing of
3  recorders' or registrars' offices in this State. The actions
4  of any recorder or registrar of titles performed prior to May
5  26, 1933 and during the continuance of any such holiday, are
6  validated.
7  (Source: P.A. 86-962.)
8  (55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
9  Sec. 3-5012. Recording and indexing books. Separate books
10  and computer databases may be kept for the recording and
11  indexing of different classes of instruments. Three distinct
12  series of document numbers may be used for recording documents
13  received for recordation, one series of numbers to be preceded
14  by the letter "b" in each case, which series shall be used only
15  for bills of sale of personal property, chattel mortgages and
16  releases, extensions and assignments, thereof, one series of
17  numbers to be preceded by the letter "c" in each case, which
18  series shall be used only for certificates of discharge of
19  discharged members of the military, aviation and naval forces
20  of the United States, and the other series of document numbers
21  shall be used for all other instruments received for
22  recordation. When three series of document numbers are thus
23  used, a separate place may be provided in the Recorder's
24  office for the receipt of each kind of documents to which such
25  serial numbers apply.

 

 

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1  (Source: P.A. 86-962.)
2  (55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
3  Sec. 3-5013. Transcription or reproduction of written
4  instruments. The recorder, when recording at length
5  instruments in writing in the his or her office, may
6  transcribe the instruments in handwriting or typewriting, make
7  photographic or photostatic reproductions of the instruments,
8  or transcribe the instruments partly in handwriting or
9  typewriting and make photographic or photostatic reproductions
10  of the remaining portions of the instruments. Every document,
11  however, shall be filed in a complete and intelligible manner.
12  The recorder may not accept facsimile or other photographic or
13  photostatic copies of the signatures of parties executing
14  documents without labeling those signatures as copies unless
15  they are digital signatures offered in compliance with federal
16  or State law. When photographic or photostatic reproductions
17  are used, the recorder shall first be satisfied that the
18  reproductions are as lasting and durable as handwritten or
19  typewritten copies. The reproductions may shall be upon sheets
20  bound together in well bound books or placed in books that are
21  permanently locked so that the sheets cannot be tampered with
22  or removed. When instruments are reproduced by
23  microphotography, digital scanning, or otherwise reproduced on
24  film as provided in this Section the reproduction thus made
25  shall be deemed the record for all purposes.

 

 

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1  (Source: P.A. 86-962; 87-376.)
2  (55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014)
3  Sec. 3-5014. Mortgages or liens filed but not recorded.
4  Upon receipt of any mortgage, trust deed or conveyance of
5  personal property having the effect of a mortgage or lien upon
6  such property, upon which is indorsed the words, "this
7  instrument to be filed, but not recorded" or words of a similar
8  import, signed by the mortgagee, the mortgagee's his agent or
9  attorney, and upon payment of a fee equal to what would be
10  charged if the document were to be recorded, the recorder
11  shall mark the instrument "filed", endorse the time (including
12  the hour of the day) of the receipt thereof and file the same
13  in the his office.
14  Each instrument filed as above shall be numbered and
15  indexed by the recorder Recorder in the book wherein the
16  recorder he alphabetically indexes chattel mortgages and shall
17  refer to the number appearing on the filed instrument.
18  The recorder may destroy any instrument filed but not
19  recorded in the manner hereinabove provided, one year after
20  the maturity thereof as stated therein; except, no such
21  instrument may be destroyed until one year after the maturity
22  of the last extension thereof filed in the recorder's office.
23  (Source: P.A. 86-962.)
24  (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)

 

 

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1  Sec. 3-5015. Certificates of discharge or release from
2  active duty. Certificates of discharge or MEMBER-4 copy of
3  certificate of release or discharge from active duty of
4  honorably discharged or separated members of the military,
5  aviation and naval forces of the United States shall be
6  recorded by each recorder, free of charge, in a separate book
7  or computer database which shall be kept for the purpose. The
8  recorder in counties of over 500,000 population shall as soon
9  as practicable after the recording of the original discharge
10  certificate or MEMBER-4 copy of certificate of release or
11  discharge from active duty, deliver to each of the persons
12  named in the discharge certificate or MEMBER-4 copy of
13  certificate of release or discharge from active duty, or the
14  person's his agent, one certified copy of the person's his
15  discharge certificate or MEMBER-4 copy of certificate of
16  release or discharge from active duty without charge.
17  Additional certified copies shall be furnished by the recorder
18  upon the payment to the recorder of a fee of $1.25, payable in
19  advance, for each such additional certified copy. The recorder
20  may waive the fee for additional copies if the recorder deems
21  collecting the fee to be a burden to the county, but only if
22  the fee is waived for all requesting copies under this
23  Section.
24  Upon the delivery of the certificate of discharge or
25  MEMBER-4 copy of certificate of release or discharge from
26  active duty after the recordation thereof is completed, and

 

 

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1  the delivery of one certified copy thereof to the person named
2  in the discharge certificate or MEMBER-4 copy of certificate
3  of release or discharge from active duty or the person's his
4  agent, the receipt theretofore issued by the recorder, or a
5  copy thereof shall be surrendered to the recorder, with a
6  signed statement acknowledging the receipt of the discharge
7  certificate or MEMBER-4 copy of certificate of release or
8  discharge from active duty and the certified copy thereof.
9  Certified copies of the certificates of discharge or
10  MEMBER-4 copy of certificate of release or discharge from
11  active duty furnished by the recorder may vary from the size of
12  the original, if in the judgment of the recorder, such
13  certified copies are complete and legible.
14  A military discharge form (DD-214) or any other
15  certificate of discharge or release from active duty document
16  that was issued by the United States government or any state
17  government in reference to those who served with an active or
18  inactive military reserve unit or National Guard force and
19  that was recorded by a County Clerk or Recorder of Deeds is not
20  subject to public inspection, enjoying all the protection
21  covered by the federal Privacy Act of 1974 or any other privacy
22  law. These documents shall be accessible only to the person
23  named in the document, the named person's dependents, the
24  county veterans' service officer, representatives of the
25  Department of Veterans' Affairs, or any person with written
26  authorization from the named person or the named person's

 

 

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1  dependents. Notwithstanding any other provision in this
2  paragraph, these documents shall be made available for public
3  inspection and copying in accordance with the archival
4  schedule adopted by the National Archives and Records
5  Administration and subject to redaction of information that is
6  considered private under the Illinois Freedom of Information
7  Act, the federal Freedom of Information Act, and the federal
8  Privacy Act.
9  (Source: P.A. 101-402, eff. 8-16-19.)
10  (55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
11  Sec. 3-5016. Quarters; office hours. Every recorder
12  Recorder shall keep the recorder's his office at the
13  courthouse of the county for which the recorder was elected he
14  is recorder, or in counties of the second or third class in
15  some other suitable building provided at the county seat by
16  the county for which the person was elected he is recorder and
17  shall keep the his office open except as hereinafter provided
18  and attend to the duties thereof in counties of the first and
19  second classes from 8 o'clock A.M. to 5 o'clock P.M. of each
20  working day, except Saturday and Sunday, and in counties of
21  the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
22  working day, except Saturday and Sunday. The , and except in
23  each county of all classes such days as under any law are or
24  may be legal holidays in any part of the county, as regards the
25  presenting for payment, acceptance, maturity, protesting, or

 

 

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1  giving notice of the dishonor of bills of exchange, bank
2  checks, promissory notes, or other negotiable or commercial
3  paper or instruments: Provided, however, that the hours of
4  opening and closing of the office of the recorder Recorder may
5  be changed and otherwise fixed and determined by the county
6  board of any county. Any such action taken by the county board
7  shall be by an appropriate resolution passed at a regular
8  meeting. The office of the recorder shall accept instruments
9  for recordation at all times during which the office is open.
10  (Source: P.A. 86-962.)
11  (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
12  Sec. 3-5018. Traditional fee schedule. Except as provided
13  for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder
14  elected as provided for in this Division shall receive such
15  fees as are or may be provided for him or her by law, in case
16  of provision therefor: otherwise the recorder he or she shall
17  receive the same fees as are or may be provided in this
18  Section, except when increased by county ordinance or
19  resolution pursuant to the provisions of this Section, to be
20  paid to the county clerk for the county clerk's his or her
21  services in the office of recorder for like services.
22  For recording deeds or other instruments, $12 for the
23  first 4 pages thereof, plus $1 for each additional page
24  thereof, plus $1 for each additional document number therein
25  noted. The aggregate minimum fee for recording any one

 

 

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1  instrument shall not be less than $12.
2  For recording deeds or other instruments wherein the
3  premises affected thereby are referred to by document number
4  and not by legal description, a fee of $1 in addition to that
5  hereinabove referred to for each document number therein
6  noted.
7  For recording assignments of mortgages, leases or liens,
8  $12 for the first 4 pages thereof, plus $1 for each additional
9  page thereof. However, except for leases and liens pertaining
10  to oil, gas and other minerals, whenever a mortgage, lease or
11  lien assignment assigns more than one mortgage, lease or lien
12  document, a $7 fee shall be charged for the recording of each
13  such mortgage, lease or lien document after the first one.
14  For recording any document that affects an interest in
15  real property other than documents which solely affect or
16  relate to an easement for water, sewer, electricity, gas,
17  telephone or other public service, the recorder shall charge a
18  fee of $1 per document to all filers of documents not filed by
19  any State agency, any unit of local government, or any school
20  district. Fifty cents of the $1 fee hereby established shall
21  be deposited into the County General Revenue Fund. The
22  remaining $0.50 shall be deposited into the Recorder's
23  Automation Fund and may not be appropriated or expended for
24  any other purpose. The additional amounts available to the
25  recorder for expenditure from the Recorder's Automation Fund
26  shall not offset or reduce any other county appropriations or

 

 

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1  funding for the office of the recorder.
2  For recording maps or plats of additions or subdivisions
3  approved by the county or municipality (including the
4  spreading of the same of record in map case or other proper
5  books) or plats of condominiums, $50 for the first page, plus
6  $1 for each additional page thereof except that in the case of
7  recording a single page, legal size 8 1/2 x 14, plat of survey
8  in which there are no more than two lots or parcels of land,
9  the fee shall be $12. In each county where such maps or plats
10  are to be recorded, the recorder may require the same to be
11  accompanied by such number of exact, true and legible copies
12  thereof as the recorder deems necessary for the efficient
13  conduct and operation of the his or her office.
14  For non-certified copies of records, an amount not to
15  exceed one-half of the amount provided in this Section for
16  certified copies, according to a standard scale of fees,
17  established by county ordinance or resolution and made public.
18  The provisions of this paragraph shall not be applicable to
19  any person or entity who obtains non-certified copies of
20  records in the following manner: (i) in bulk for all documents
21  recorded on any given day in an electronic or paper format for
22  a negotiated amount less than the amount provided for in this
23  paragraph for non-certified copies, (ii) under a contractual
24  relationship with the recorder for a negotiated amount less
25  than the amount provided for in this paragraph for
26  non-certified copies, or (iii) by means of Internet access

 

 

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1  pursuant to Section 5-1106.1.
2  For certified copies of records, the same fees as for
3  recording, but in no case shall the fee for a certified copy of
4  a map or plat of an addition, subdivision or otherwise exceed
5  $10.
6  Each certificate of such recorder of the recording of the
7  deed or other writing and of the date of recording the same
8  signed by such recorder, shall be sufficient evidence of the
9  recording thereof, and such certificate including the indexing
10  of record, shall be furnished upon the payment of the fee for
11  recording the instrument, and no additional fee shall be
12  allowed for the certificate or indexing. A physical or
13  electronic image of the recorder's stamp satisfies the
14  signature requirement for recorded instruments prior to, on,
15  and after the effective date of this amendatory Act of the
16  102nd General Assembly.
17  The recorder shall charge an additional fee, in an amount
18  equal to the fee otherwise provided by law, for recording a
19  document (other than a document filed under the Plat Act or the
20  Uniform Commercial Code) that does not conform to the
21  following standards:
22  (1) The document shall consist of one or more
23  individual sheets measuring 8.5 inches by 11 inches, not
24  permanently bound and not a continuous form. Graphic
25  displays accompanying a document to be recorded that
26  measure up to 11 inches by 17 inches shall be recorded

 

 

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1  without charging an additional fee.
2  (2) The document shall be legibly printed in black
3  ink, by hand, type, or computer. Signatures and dates may
4  be in contrasting colors if they will reproduce clearly.
5  (3) The document shall be on white paper of not less
6  than 20-pound weight and shall have a clean margin of at
7  least one-half inch on the top, the bottom, and each side.
8  Margins may be used for non-essential notations that will
9  not affect the validity of the document, including but not
10  limited to form numbers, page numbers, and customer
11  notations.
12  (4) The first page of the document shall contain a
13  blank space, measuring at least 3 inches by 5 inches, from
14  the upper right corner.
15  (5) The document shall not have any attachment stapled
16  or otherwise affixed to any page.
17  A document that does not conform to these standards shall not
18  be recorded except upon payment of the additional fee required
19  under this paragraph. This paragraph, as amended by this
20  amendatory Act of 1995, applies only to documents dated after
21  the effective date of this amendatory Act of 1995.
22  The county board of any county may provide for an
23  additional charge of $3 for filing every instrument, paper, or
24  notice for record, (1) in order to defray the cost of
25  converting the county recorder's document storage system to
26  computers or micrographics and (2) in order to defray the cost

 

 

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1  of providing access to records through the global information
2  system known as the Internet.
3  A special fund shall be set up by the treasurer of the
4  county and such funds collected pursuant to Public Act 83-1321
5  shall be used (1) for a document storage system to provide the
6  equipment, materials and necessary expenses incurred to help
7  defray the costs of implementing and maintaining such a
8  document records system and (2) for a system to provide
9  electronic access to those records.
10  The county board of any county that provides and maintains
11  a countywide map through a Geographic Information System (GIS)
12  may provide for an additional charge of $3 for filing every
13  instrument, paper, or notice for record (1) in order to defray
14  the cost of implementing or maintaining the county's
15  Geographic Information System and (2) in order to defray the
16  cost of providing electronic or automated access to the
17  county's Geographic Information System or property records. Of
18  that amount, $2 must be deposited into a special fund set up by
19  the treasurer of the county, and any moneys collected pursuant
20  to this amendatory Act of the 91st General Assembly and
21  deposited into that fund must be used solely for the
22  equipment, materials, and necessary expenses incurred in
23  implementing and maintaining a Geographic Information System
24  and in order to defray the cost of providing electronic access
25  to the county's Geographic Information System records. The
26  remaining $1 must be deposited into the recorder's special

 

 

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1  funds created under Section 3-5005.4. The recorder may, in the
2  recorder's his or her discretion, use moneys in the funds
3  created under Section 3-5005.4 to defray the cost of
4  implementing or maintaining the county's Geographic
5  Information System and to defray the cost of providing
6  electronic access to the county's Geographic Information
7  System records.
8  The recorder shall collect a $9 Rental Housing Support
9  Program State surcharge for the recordation of any real
10  estate-related document. Payment of the Rental Housing Support
11  Program State surcharge shall be evidenced by a receipt that
12  shall be marked upon or otherwise affixed to the real
13  estate-related document by the recorder. The form of this
14  receipt shall be prescribed by the Department of Revenue and
15  the receipts shall be issued by the Department of Revenue to
16  each county recorder.
17  The recorder shall not collect the Rental Housing Support
18  Program State surcharge from any State agency, any unit of
19  local government or any school district.
20  On the 15th day of each month, each county recorder shall
21  report to the Department of Revenue, on a form prescribed by
22  the Department, the number of real estate-related documents
23  recorded for which the Rental Housing Support Program State
24  surcharge was collected. Each recorder shall submit $9 of each
25  surcharge collected in the preceding month to the Department
26  of Revenue and the Department shall deposit these amounts in

 

 

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1  the Rental Housing Support Program Fund. Subject to
2  appropriation, amounts in the Fund may be expended only for
3  the purpose of funding and administering the Rental Housing
4  Support Program.
5  For purposes of this Section, "real estate-related
6  document" means that term as it is defined in Section 7 of the
7  Rental Housing Support Program Act.
8  The foregoing fees allowed by this Section are the maximum
9  fees that may be collected from any officer, agency,
10  department or other instrumentality of the State. The county
11  board may, however, by ordinance or resolution, increase the
12  fees allowed by this Section and collect such increased fees
13  from all persons and entities other than officers, agencies,
14  departments and other instrumentalities of the State if the
15  increase is justified by an acceptable cost study showing that
16  the fees allowed by this Section are not sufficient to cover
17  the cost of providing the service. Regardless of any other
18  provision in this Section, the maximum fee that may be
19  collected from the Department of Revenue for filing or
20  indexing a lien, certificate of lien release or subordination,
21  or any other type of notice or other documentation affecting
22  or concerning a lien is $5. Regardless of any other provision
23  in this Section, the maximum fee that may be collected from the
24  Department of Revenue for indexing each additional name in
25  excess of one for any lien, certificate of lien release or
26  subordination, or any other type of notice or other

 

 

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1  documentation affecting or concerning a lien is $1.
2  A statement of the costs of providing each service,
3  program and activity shall be prepared by the county board.
4  All supporting documents shall be public record and subject to
5  public examination and audit. All direct and indirect costs,
6  as defined in the United States Office of Management and
7  Budget Circular A-87, may be included in the determination of
8  the costs of each service, program and activity.
9  (Source: P.A. 102-838, eff. 5-13-22.)
10  (55 ILCS 5/3-5018.1)
11  Sec. 3-5018.1. Predictable fee schedule.
12  (a) As used in this Section:
13  "Nonstandard document" means:
14  (1) a document that creates a division of a then
15  active existing tax parcel identification number;
16  (2) a document recorded pursuant to the Uniform
17  Commercial Code;
18  (3) a document which is non-conforming, as described
19  in paragraphs (1) through (5) of Section 3-5018;
20  (4) a State lien or a federal lien;
21  (5) a document making specific reference to more than
22  5 tax parcel identification numbers in the county in which
23  it is presented for recording; or
24  (6) a document making specific reference to more than
25  5 other document numbers recorded in the county in which

 

 

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1  it is presented for recording.
2  "Standard document" means any document other than a
3  nonstandard document.
4  (b) On or before January 1, 2019, a county shall adopt and
5  implement, by ordinance or resolution, a predictable fee
6  schedule that eliminates surcharges or fees based on the
7  individual attributes of a standard document to be recorded.
8  The initial predictable fee schedule approved by a county
9  board shall be set only as allowed under subsections (c) and
10  (d) and any subsequent predictable fee schedule approved by a
11  county board shall be set only as allowed under subsection
12  (e). Except as to the recording of standard documents, the
13  fees imposed by Section 3-5018 shall remain in effect. Under a
14  predictable fee schedule, no charge shall be based on: page
15  count; number, length, or type of legal descriptions; number
16  of tax identification or other parcel identifying code
17  numbers; number of common addresses; number of references
18  contained as to other recorded documents or document numbers;
19  or any other individual attribute of the document except as
20  expressly provided in this Section. The fee charged under this
21  Section shall be inclusive of all county and State fees that
22  the county may elect or is required to impose or adjust,
23  including, but not limited to, GIS fees, automation fees,
24  document storage fees, and the Rental Housing Support Program
25  State surcharge.
26  A predictable fee schedule ordinance or resolution adopted

 

 

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1  under this Section shall list standard document fees,
2  including document class flat fees as required by subsection
3  (c), and non-standard document fees.
4  Before approval of an ordinance or resolution under this
5  Section, the recorder or county clerk shall post a notice in
6  the recorder's or county clerk's their office at least 2 weeks
7  prior, but not more than 4 weeks prior, to the public meeting
8  at which the ordinance or resolution may be adopted. The
9  notice shall contain the proposed ordinance or resolution
10  number, if any, the proposed document class flat fees for each
11  classification, and a reference to this Section or this
12  amendatory Act of the 100th General Assembly.
13  A predictable fee schedule takes effect 60 days after an
14  ordinance or resolution is adopted.
15  (c) Pursuant to an ordinance or resolution adopted under
16  subsection (b), the recorder elected as provided for in this
17  Division shall receive such fees as are or may be provided for
18  him or her by law, in case of provision thereof: otherwise the
19  recorder he or she shall receive the same fees as are or may be
20  provided in this Section except when increased by county
21  ordinance or resolution pursuant to the provisions of this
22  Section, to be paid to the county clerk for the county clerk's
23  his or her services in the office of recorder for like
24  services. For the purposes of the fee charged, the ordinance
25  or resolution shall divide standard documents into the
26  following classifications and shall establish a single, all

 

 

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1  inclusive, county and State-imposed aggregate fee charged for
2  each such classification of document at the time of recording
3  for that document, which is called the document class flat
4  fee. A standard document is not subject to more than one
5  classification at the time of recording for the purposes of
6  imposing any fee. Each standard document shall fall within one
7  of the following document class flat fee classifications and
8  fees for each document class shall be charged only as allowed
9  by this subsection (c) and subsection (d):
10  (1) Deeds. The aggregate fee for recording deeds shall
11  not be less than $21 (being a minimum $12 county fee plus
12  $9 for the Rental Housing Support Program State
13  surcharge). Inclusion of language in the deed as to any
14  restriction; covenant; lien; oil, gas, or other mineral
15  interest; easement; lease; or a mortgage shall not alter
16  the classification of a document as a deed.
17  (2) Leases, lease amendments, and similar transfer of
18  interest documents. The aggregate fee for recording
19  leases, lease amendments, and similar transfers of
20  interest documents shall not be less than $21 (being a
21  minimum $12 county fee plus $9 for the Rental Housing
22  Support Program State surcharge).
23  (3) Mortgages. The aggregate fee for recording
24  mortgages, including assignments, extensions, amendments,
25  subordinations, and mortgage releases shall not be less
26  than $21 (being a minimum $12 county fee plus $9 for the

 

 

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1  Rental Housing Support Program State surcharge).
2  (4) Easements not otherwise part of another
3  classification. The aggregate fee for recording easements
4  not otherwise part of another classification, including
5  assignments, extensions, amendments, and easement releases
6  not filed by a State agency, unit of local government, or
7  school district shall not be less than $21 (being a
8  minimum $12 county fee plus $9 for the Rental Housing
9  Support Program State surcharge).
10  (5) Miscellaneous. The aggregate fee for recording
11  documents not otherwise falling within classifications set
12  forth in paragraphs (1) through (4) and are not
13  nonstandard documents shall not be less than $21 (being a
14  minimum $12 county fee plus $9 for the Rental Housing
15  Support Program State surcharge). Nothing in this
16  subsection shall preclude an alternate predictable fee
17  schedule for electronic recording within each of the
18  classifications set forth in this subsection (c). If the
19  Rental Housing Support Program State surcharge is amended
20  and the surcharge is increased or lowered, the aggregate
21  amount of the document flat fee attributable to the
22  surcharge in the document may be changed accordingly.
23  (d) If an ordinance or resolution establishing a
24  predictable fee schedule is adopted pursuant to subsection (b)
25  and any document class flat fee exceeds $21, the county board
26  shall:

 

 

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1  (1) obtain from the clerk or recorder an analysis of
2  the average fees collected for the recording of each of
3  the classifications under subsection (c) based on the 3
4  previous years of recording data, and, if a cost study has
5  not been performed, set respective document class flat
6  fees for each of the 5 document classifications at the
7  average for that class rounded upward to the next whole
8  dollar amount; or
9  (2) if a cost study has been completed within the last
10  3 years that shows $21 is not sufficient to cover the costs
11  of providing the services related to each document class,
12  obtain from the clerk or recorder an analysis of the
13  average fees collected for the recording of each of the
14  document classifications under subsection (c) from the
15  date of the cost study and set respective document class
16  flat fees for each of the 5 document classifications at
17  the average for that document class rounded upward to the
18  next whole dollar amount.
19  (e) After a document class flat fee is approved by a county
20  board under subsection (b), the county board may, by ordinance
21  or resolution, increase the document class flat fee and
22  collect the increased fees only if the increase is justified
23  by a cost study that shows that the fees allowed by subsections
24  (c) and (d) are not sufficient to cover the cost of providing
25  the service related to the document class for which the fee is
26  to be increased. A statement of the costs of providing each

 

 

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1  service, program, and activity shall be prepared by the county
2  board. All supporting documents shall be public record and
3  subject to public examination and audit. All direct and
4  indirect costs, as defined in the United States Office of
5  Management and Budget Circular A-87, may be included in the
6  determination of the costs of each service, program, and
7  activity.
8  Nothing in this Section precludes a county board from
9  adjusting amounts or allocations within a given document class
10  flat fee as long as the document class flat fee is not
11  increased.
12  (Source: P.A. 100-271, eff. 8-22-17.)
13  (55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
14  Sec. 3-5019. Monthly list of conveyances. Immediately
15  following each calendar month, the recorder, in counties with
16  less than 1,000,000 inhabitants shall, upon their request,
17  transmit copies of all documents, plats and deeds conveying
18  real property to the county clerk, the county treasurer, the
19  tax map department, the supervisor of assessments and the
20  township assessor for which the office he shall be paid by the
21  county the usual and customary fee charged by the recorder for
22  furnishing such documents.
23  (Source: P.A. 86-962.)
24  (55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)

 

 

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1  Sec. 3-5020. Information to accompany conveyance
2  documents.
3  (a) In counties of the first and second class no recorder
4  shall record any conveyance of real estate unless the
5  conveyance contains the name and address of the grantee for
6  tax billing purposes.
7  (b) In counties with 3,000,000 or more inhabitants, the
8  county recorder shall not accept for filing any deed or
9  assignment of beneficial interest in a land trust in a
10  transaction which is exempt from filing a real estate transfer
11  declaration under the provisions of Section 4 of the Real
12  Estate Transfer Tax Act, unless the deed or assignment of a
13  beneficial interest is accompanied by,
14  (1) a sworn or affirmed statement executed by the
15  grantor or the grantor's his agent stating that, to the
16  best of the grantor's or the grantor's agent's his
17  knowledge, the name of the grantee shown on the deed or
18  assignment of beneficial interest in a land trust is
19  either a natural person, an Illinois Corporation or
20  foreign corporation authorized to do business or acquire
21  and hold title to real estate in Illinois, a partnership
22  authorized to do business or acquire and hold title to
23  real estate in Illinois, or other entity recognized as a
24  person and authorized to do business or acquire and hold
25  title to real estate under the laws of the State of
26  Illinois, and

 

 

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1  (2) a sworn or affirmed statement executed by the
2  grantee or the grantee's his agent verifying that the name
3  of the grantee shown on the deed or assignment of
4  beneficial interest in a land trust is either a natural
5  person, an Illinois corporation or foreign corporation
6  authorized to do business or acquire and hold title to
7  real estate in Illinois, a partnership authorized to do
8  business or acquire and hold title to real estate in
9  Illinois, or other entity recognized as a person and
10  authorized to do business or acquire and hold title to
11  real estate under the laws of the State of Illinois. Any
12  person who knowingly submits a false statement required
13  under this Section concerning the identity of a grantee is
14  guilty of a Class C misdemeanor. A second or subsequent
15  conviction of such offense is a Class A misdemeanor.
16  (c) In the event that the document of conveyance is a
17  trustee's deed issued under resignation by a land trustee, the
18  statements pursuant to paragraphs (1) and (2) of subsection
19  (b) shall not be required, but the trustee's deed shall
20  instead be accompanied by a sworn or affirmed statement
21  executed by the grantor land trustee stating that the
22  trustee's deed has been issued pursuant to resignation by the
23  trustee, and that the name of the grantee shown on the
24  trustee's deed is the name of the beneficiary of the trust as
25  the trustee's his name appears in the trust files as of the
26  date of resignation.

 

 

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1  (Source: P.A. 86-962; 87-543; 87-1236.)
2  (55 ILCS 5/3-5020.5)
3  Sec. 3-5020.5. Information concerning recorded or filed
4  instruments.  Each instrument recorded or filed with the
5  county recorder must contain the following:
6  (1) The name and address of the person to whom the
7  instrument is to be returned.
8  (2) The recorder's document number of any instrument (i)
9  referred to in the instrument being recorded or filed or (ii)
10  relating to the instrument being recorded or filed, such as,
11  without limitation, the recorder's document number of a
12  mortgage when the instrument being recorded or filed is a
13  release of that mortgage.
14  (3) The book and page number, if applicable, or document
15  number of any instrument (i) referred to in the instrument
16  being recorded or filed or (ii) relating to the instrument
17  being recorded or filed.
18  (Source: P.A. 88-691, eff. 1-24-95.)
19  (55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
20  Sec. 3-5021.  Recording or registering instruments
21  transferring title to real estate or a beneficial interest in
22  real estate subject to a land trust. If any home rule
23  municipality has levied a real estate transfer tax and a
24  certified copy of the ordinance or resolution levying the tax,

 

 

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1  specifying the rates and the design and denomination of stamps
2  evidencing payment thereof, has been on file with the county
3  recorder for at least 30 days, the recorder of that county may
4  not accept for recording or for registration under "An Act
5  concerning land titles", approved May 1, 1897, as amended, any
6  instrument transferring title to real estate in that
7  municipality, or the beneficial interest in real estate in
8  that municipality which is the subject of a land trust, for
9  which revenue stamps are required to be purchased under the
10  "Real Estate Transfer Tax Act", approved July 17, 1967, as
11  amended, without proof of payment of the municipal real estate
12  transfer tax.
13  (Source: P.A. 86-962.)
14  (55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
15  Sec. 3-5024. Certificate of time of filing. When any
16  instrument in writing is recorded in the recorder's office,
17  the recorder shall indorse upon such instrument a certificate
18  of the time (including the hour of the day) when the same was
19  accepted or received for recordation (which shall be
20  considered the time of recording the same), and the book and
21  page or document number by and in which the same is recorded.
22  The recorder shall sign the certificate or shall affix the
23  recorder's his facsimile signature thereto. A physical or
24  electronic image of the recorder's stamp satisfies the
25  signature requirement for recorded instruments prior to, on,

 

 

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1  and after the effective date of this amendatory Act of the
2  102nd General Assembly.
3  The certificate, when signed by the recorder, or to which
4  the recorder he has affixed the recorder's his facsimile
5  signature or a physical or electronic image of the recorder's
6  stamp, shall be evidence of the facts therein stated.
7  (Source: P.A. 102-838, eff. 5-13-22.)
8  (55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
9  Sec. 3-5025. Books. Every recorder shall keep the
10  following books or computer databases:
11  1. An entry book, in which the recorder he or she shall,
12  immediately on the receipt of any instrument to be recorded or
13  filed, enter, in the order of its reception, the names of the
14  parties thereto, its date, the day of the month, hour and year
15  of receiving the same, and a brief description of the
16  premises, indorsing upon each instrument a number
17  corresponding with the number of such entry.
18  2. A grantor's index, in which shall be entered the name of
19  each grantor, in alphabetical order, the name of the grantee,
20  date of the instrument, time of receipt, kind of instrument,
21  consideration, the book and page in which it is recorded, or
22  the number under which it is filed, and a brief description of
23  the premises.
24  3. A grantee's index, in which shall be entered the name of
25  each grantee, in alphabetical order, the name of the grantor,

 

 

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1  date of the instrument, time of receipt, kind of instrument,
2  consideration, the book and page in which it is recorded, or
3  the number under which it is filed, and a brief description of
4  the premises.
5  4. An index to each book or computer database of record, in
6  which shall be entered, in alphabetical order, the name of
7  each grantor and grantee, and the page number in which or
8  reference number to which the instrument is recorded.
9  5. When required by the county board, an abstract book,
10  which shall show by tracts every conveyance or incumbrance
11  recorded, the date of the instrument, time of filing the same,
12  the book and page where the same is recorded; which book shall
13  be so kept as to show a true chain of title to each tract and
14  the incumbrances thereon, as shown by the records of the his
15  office.
16  6. An index to recorded maps, plats and subdivisions, such
17  index to be made by description of land mapped, or subdivided
18  by range, township, Section, quarter-section, etc.
19  7. An index showing in alphabetical order the names of the
20  parties against whom judgments have been rendered or made and
21  transcripts or memoranda of such judgments have been recorded,
22  and the parties named in notices recorded pursuant to Section
23  1 of "An Act concerning constructive notice of condemnation
24  proceedings, proceedings to sell real property of decedents to
25  pay debts, or other suits seeking equitable relief involving
26  real property, and proceedings in bankruptcy" approved June

 

 

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1  11, 1917, as amended.
2  8. An index of all ordinances, petitions, assessment
3  rolls, orders, judgments or other documents filed or recorded
4  in respect of any drainage or special assessment matter
5  sufficient to enable the public to identify all tracts
6  involved therein and to locate all the documents which have
7  been filed or recorded. The recorder may solicit the
8  assistance of the State Records Commission in organizing and
9  indexing these documents.
10  Any recorder may install or contract for the use of a
11  computerized system that will permit automated entry and
12  indexing, alphabetically by document, of instruments filed in
13  the his or her office and that will provide both quick search
14  and retrieval of such entries and hard copy print output,
15  whether on paper, optical disk media, or microfilm, of such
16  entries as indexed. If such a computerized system has been in
17  use in the his or her office for at least 6 months and the
18  recorder determines that it provides accurate and reliable
19  indices that may be stored as permanent records, more quickly
20  and efficiently than the system previously used, the recorder
21  may thereafter discontinue the use of the manual system and
22  use only the computerized system for such indices. In that
23  event, references in this Division to books, records or forms
24  as relate to such indices are intended to encompass and refer
25  to the computer system and all materials and forms directly
26  related to that system and its proper use.

 

 

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1  This Section is subject to the Local Records Act.
2  (Source: P.A. 88-661, eff. 9-16-94.)
3  (55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
4  Sec. 3-5029.  Map, plat or subdivision of land; penalty. No
5  person shall offer or present for recording or record any map,
6  plat or subdivision of land situated in any incorporated city,
7  town or village, nor within 1 1/2 miles of the corporate limits
8  of any incorporated city, town or village which has adopted a
9  city plan and is exercising the special powers authorized by
10  Division 12 of Article 11 of the Illinois Municipal Code, as
11  now or hereafter amended, and not included in any municipality
12  unless the map, plat or subdivision is under the seal of a
13  registered Illinois land surveyor and unless it is entitled to
14  record as provided in Sections 11-15-1 and 11-12-3 of the
15  Illinois Municipal Code, as now or hereafter amended. Any map,
16  plat or subdivision of land presented for recording shall have
17  attached thereto or endorsed thereon the Certificate of an
18  Illinois Registered Land Surveyor that the land is or is not
19  within any incorporated city, town or village, nor within 1
20  1/2 miles of the corporate limits of any incorporated city,
21  town or village which has adopted a city plan and is exercising
22  the special powers authorized by Division 12 of Article 11 of
23  the Illinois Municipal Code, as now or hereafter amended, and
24  not included in any municipality. No person shall offer or
25  present for recording or record any subdivision plat of any

 

 

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1  lands bordering on or including any public waters of the State
2  in which the State of Illinois has any property rights or
3  property interests, unless such subdivision plat is under the
4  seal of a registered Illinois Land Surveyor and is approved by
5  the Department of Natural Resources, nor shall any person
6  offer or present for recording or record any map, plat or
7  subdivision of lands, without indicating whether any part of
8  which as shown on the map, plat or subdivision is located
9  within a special flood hazard area as identified by the
10  Federal Emergency Management Agency nor shall any person offer
11  or present for recording or record any map, plat or
12  subdivision of land situated outside any incorporated city,
13  town or village unless the map, plat or subdivision is under
14  the seal of a registered Illinois land surveyor, and unless it
15  is entitled to record as provided in Section 5-1045, however,
16  the provisions of this Section shall not apply to any street or
17  highway survey map or plat. Any person who records, or who
18  offers or presents for recording, which offer or presentation
19  results in a recording of, any map, plat or subdivision of land
20  which the person he knows to be in violation of this Section
21  shall pay to the county the sum of $1,000 $200, to be recovered
22  in the circuit court, in the name of the state, for the use of
23  the county, with costs of suit.
24  (Source: P.A. 89-445, eff. 2-7-96.)
25  (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)

 

 

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1  Sec. 3-5031. Penalty. If any recorder shall willfully fail
2  to perform any duty imposed upon the recorder him by this
3  Division, the recorder he shall be guilty of malfeasance in
4  office, and shall be punished accordingly, and shall be liable
5  to the party injured for all damages occasioned thereby.
6  (Source: P.A. 95-877, eff. 1-1-09.)
7  (55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
8  Sec. 3-5033. County to furnish books, equipment and
9  supplies. The county board of each county shall from time to
10  time, as may be necessary, provide the recorder of such county
11  with well-bound and properly ruled books, and where
12  photostating, optical disk storage, or microfilming is used,
13  the recorder shall likewise be furnished all such equipment
14  (such as computers, printers, and scanners) and supplies
15  necessary to the execution of the duties of the his office.
16  They may procure books of printed forms to be filled up in the
17  recording of any instrument, when the same may be done without
18  interlineation or erasure, and shall in all cases, when
19  practicable, procure the necessary index and abstract books
20  with printed headings. The cost of such books, equipment and
21  supplies shall be chargeable against the surplus fees of the
22  office, or paid by the county.
23  (Source: P.A. 88-661, eff. 9-16-94.)
24  (55 ILCS 5/3-5036.5)

 

 

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1  Sec. 3-5036.5. Exchange of information for child support
2  enforcement.
3  (a) The recorder Recorder shall exchange with the
4  Department of Healthcare and Family Services information that
5  may be necessary for the enforcement of child support orders
6  entered pursuant to the Illinois Public Aid Code, the Illinois
7  Marriage and Dissolution of Marriage Act, the Non-Support of
8  Spouse and Children Act, the Non-Support Punishment Act, the
9  Revised Uniform Reciprocal Enforcement of Support Act, the
10  Uniform Interstate Family Support Act, the Illinois Parentage
11  Act of 1984, or the Illinois Parentage Act of 2015.
12  (b) Notwithstanding any provisions in this Code to the
13  contrary, the recorder Recorder shall not be liable to any
14  person for any disclosure of information to the Department of
15  Healthcare and Family Services (formerly Illinois Department
16  of Public Aid) under subsection (a) or for any other action
17  taken in good faith to comply with the requirements of
18  subsection (a).
19  (Source: P.A. 99-85, eff. 1-1-16.)
20  (55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
21  Sec. 3-5037. Instruments to be re-recorded; fee; penalty.
22  In all cases where the records of any county have been or shall
23  hereafter be destroyed by fire or other casualty, it shall be
24  the duty of the recorder of such county to re-record all deeds,
25  mortgages or other instruments in writing which may have been

 

 

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1  recorded or filed for record prior to the destruction of such
2  records, together with the certificates of such original
3  recording, that may be filed in the his office for
4  re-recording; and the recorder may charge and receive, as a
5  fee for re-recording such deeds, mortgages and other
6  instruments aforesaid, and the certificate of such recording,
7  5 for each 100 words or fractions thereof, and no more; and
8  any recorder who shall charge a greater fee than the
9  foregoing, or who shall refuse to re-record such instruments
10  in writing, for the fee aforesaid, shall be deemed guilty of
11  malfeasance in office, and subject to all the penalties
12  prescribed by law for such offense.
13  (Source: P.A. 86-962.)
14  (55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
15  Sec. 3-5038. Judgment dockets. In all counties where a
16  recorder is elected in which the recorder has heretofore been,
17  or shall hereafter be required by the county board to keep
18  abstract books showing by tract every conveyance or
19  incumbrance recorded, the date of the instrument, the time of
20  filing same, the book and page where the same is recorded, and
21  showing a true chain of title to each tract and the
22  incumbrances thereon, as shown by the records of the his
23  office, such recorder shall and he is hereby authorized to
24  keep judgment dockets and indexes thereto, showing all
25  judicial proceedings affecting title to real estate in such

 

 

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1  county, tax sale books with indexes thereto, showing sales or
2  forfeitures of all lands in the county for unpaid taxes and
3  assessments, and such other books as are usual or necessary to
4  be kept for the purpose of making complete abstracts of title
5  to real estate; and the county board shall furnish such
6  recorder with the necessary rooms, books, stationery, fuel and
7  lights for the purposes herein set forth: Provided, that
8  nothing in this Division shall be construed to empower the
9  recorder to prevent the public from examining and taking
10  memoranda from all records and instruments filed for record,
11  indexes and other books in the recorder's his official
12  custody, but it shall be the recorder's his duty at all times,
13  when the his office is or is required by law to be open, to
14  allow all persons without fee or reward to examine and take
15  memoranda from the same. This Section is subject to the
16  provisions of the "The Local Records Act".
17  (Source: P.A. 86-962.)
18  (55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
19  Sec. 3-5045.  Scope of liability in connection with Uniform
20  Commercial Code. No recorder nor any of the recorder's his
21  employees or agents shall be subject to personal liability by
22  reason of any error or omission in the performance of any duty
23  under Article 9 of the Uniform Commercial Code except in case
24  of willful wilful negligence.
25  (Source: P.A. 86-962.)

 

 

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1  (55 ILCS 5/3-5017 rep.)
2  Section 10. The Counties Code is amended by repealing
3  Section 3-5017.
4  Section 99. Effective date. This Act takes effect upon
5  becoming law.
SB2227- 60 -LRB103 28861 AWJ 55246 b 1 INDEX 2 Statutes amended in order of appearance  3 55 ILCS 5/3-5001from Ch. 34, par. 3-5001  4 55 ILCS 5/3-5002from Ch. 34, par. 3-5002  5 55 ILCS 5/3-5003from Ch. 34, par. 3-5003  6 55 ILCS 5/3-5004from Ch. 34, par. 3-5004  7 55 ILCS 5/3-5005from Ch. 34, par. 3-5005  8 55 ILCS 5/3-5005.1from Ch. 34, par. 3-5005.1  9 55 ILCS 5/3-5005.2from Ch. 34, par. 3-5005.2  10 55 ILCS 5/3-5005.3from Ch. 34, par. 3-5005.3  11 55 ILCS 5/3-5005.4from Ch. 34, par. 3-5005.4  12 55 ILCS 5/3-5006from Ch. 34, par. 3-5006  13 55 ILCS 5/3-5007from Ch. 34, par. 3-5007  14 55 ILCS 5/3-5008from Ch. 34, par. 3-5008  15 55 ILCS 5/3-5009from Ch. 34, par. 3-5009  16 55 ILCS 5/3-5010from Ch. 34, par. 3-5010 17 55 ILCS 5/3-5010.518 55 ILCS 5/3-5010.8 19 55 ILCS 5/3-5011from Ch. 34, par. 3-5011  20 55 ILCS 5/3-5012from Ch. 34, par. 3-5012  21 55 ILCS 5/3-5013from Ch. 34, par. 3-5013  22 55 ILCS 5/3-5014from Ch. 34, par. 3-5014  23 55 ILCS 5/3-5015from Ch. 34, par. 3-5015  24 55 ILCS 5/3-5016from Ch. 34, par. 3-5016 25 55 ILCS 5/3-5018from Ch. 34, par. 3-5018  SB2227- 61 -LRB103 28861 AWJ 55246 b  SB2227- 60 -LRB103 28861 AWJ 55246 b   SB2227 - 60 - LRB103 28861 AWJ 55246 b  1  INDEX 2  Statutes amended in order of appearance  3  55 ILCS 5/3-5001 from Ch. 34, par. 3-5001  4  55 ILCS 5/3-5002 from Ch. 34, par. 3-5002  5  55 ILCS 5/3-5003 from Ch. 34, par. 3-5003  6  55 ILCS 5/3-5004 from Ch. 34, par. 3-5004  7  55 ILCS 5/3-5005 from Ch. 34, par. 3-5005  8  55 ILCS 5/3-5005.1 from Ch. 34, par. 3-5005.1  9  55 ILCS 5/3-5005.2 from Ch. 34, par. 3-5005.2  10  55 ILCS 5/3-5005.3 from Ch. 34, par. 3-5005.3  11  55 ILCS 5/3-5005.4 from Ch. 34, par. 3-5005.4  12  55 ILCS 5/3-5006 from Ch. 34, par. 3-5006  13  55 ILCS 5/3-5007 from Ch. 34, par. 3-5007  14  55 ILCS 5/3-5008 from Ch. 34, par. 3-5008  15  55 ILCS 5/3-5009 from Ch. 34, par. 3-5009  16  55 ILCS 5/3-5010 from Ch. 34, par. 3-5010  17  55 ILCS 5/3-5010.5   18  55 ILCS 5/3-5010.8   19  55 ILCS 5/3-5011 from Ch. 34, par. 3-5011  20  55 ILCS 5/3-5012 from Ch. 34, par. 3-5012  21  55 ILCS 5/3-5013 from Ch. 34, par. 3-5013  22  55 ILCS 5/3-5014 from Ch. 34, par. 3-5014  23  55 ILCS 5/3-5015 from Ch. 34, par. 3-5015  24  55 ILCS 5/3-5016 from Ch. 34, par. 3-5016  25  55 ILCS 5/3-5018 from Ch. 34, par. 3-5018   SB2227- 61 -LRB103 28861 AWJ 55246 b   SB2227 - 61 - LRB103 28861 AWJ 55246 b
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1  INDEX
2  Statutes amended in order of appearance
3  55 ILCS 5/3-5001 from Ch. 34, par. 3-5001
4  55 ILCS 5/3-5002 from Ch. 34, par. 3-5002
5  55 ILCS 5/3-5003 from Ch. 34, par. 3-5003
6  55 ILCS 5/3-5004 from Ch. 34, par. 3-5004
7  55 ILCS 5/3-5005 from Ch. 34, par. 3-5005
8  55 ILCS 5/3-5005.1 from Ch. 34, par. 3-5005.1
9  55 ILCS 5/3-5005.2 from Ch. 34, par. 3-5005.2
10  55 ILCS 5/3-5005.3 from Ch. 34, par. 3-5005.3
11  55 ILCS 5/3-5005.4 from Ch. 34, par. 3-5005.4
12  55 ILCS 5/3-5006 from Ch. 34, par. 3-5006
13  55 ILCS 5/3-5007 from Ch. 34, par. 3-5007
14  55 ILCS 5/3-5008 from Ch. 34, par. 3-5008
15  55 ILCS 5/3-5009 from Ch. 34, par. 3-5009
16  55 ILCS 5/3-5010 from Ch. 34, par. 3-5010
17  55 ILCS 5/3-5010.5
18  55 ILCS 5/3-5010.8
19  55 ILCS 5/3-5011 from Ch. 34, par. 3-5011
20  55 ILCS 5/3-5012 from Ch. 34, par. 3-5012
21  55 ILCS 5/3-5013 from Ch. 34, par. 3-5013
22  55 ILCS 5/3-5014 from Ch. 34, par. 3-5014
23  55 ILCS 5/3-5015 from Ch. 34, par. 3-5015
24  55 ILCS 5/3-5016 from Ch. 34, par. 3-5016
25  55 ILCS 5/3-5018 from Ch. 34, par. 3-5018
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1  INDEX
2  Statutes amended in order of appearance
3  55 ILCS 5/3-5001 from Ch. 34, par. 3-5001
4  55 ILCS 5/3-5002 from Ch. 34, par. 3-5002
5  55 ILCS 5/3-5003 from Ch. 34, par. 3-5003
6  55 ILCS 5/3-5004 from Ch. 34, par. 3-5004
7  55 ILCS 5/3-5005 from Ch. 34, par. 3-5005
8  55 ILCS 5/3-5005.1 from Ch. 34, par. 3-5005.1
9  55 ILCS 5/3-5005.2 from Ch. 34, par. 3-5005.2
10  55 ILCS 5/3-5005.3 from Ch. 34, par. 3-5005.3
11  55 ILCS 5/3-5005.4 from Ch. 34, par. 3-5005.4
12  55 ILCS 5/3-5006 from Ch. 34, par. 3-5006
13  55 ILCS 5/3-5007 from Ch. 34, par. 3-5007
14  55 ILCS 5/3-5008 from Ch. 34, par. 3-5008
15  55 ILCS 5/3-5009 from Ch. 34, par. 3-5009
16  55 ILCS 5/3-5010 from Ch. 34, par. 3-5010
17  55 ILCS 5/3-5010.5
18  55 ILCS 5/3-5010.8
19  55 ILCS 5/3-5011 from Ch. 34, par. 3-5011
20  55 ILCS 5/3-5012 from Ch. 34, par. 3-5012
21  55 ILCS 5/3-5013 from Ch. 34, par. 3-5013
22  55 ILCS 5/3-5014 from Ch. 34, par. 3-5014
23  55 ILCS 5/3-5015 from Ch. 34, par. 3-5015
24  55 ILCS 5/3-5016 from Ch. 34, par. 3-5016
25  55 ILCS 5/3-5018 from Ch. 34, par. 3-5018

 

 

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