Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2227 Compare Versions

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1-Public Act 103-0400
21 SB2227 EnrolledLRB103 28861 AWJ 55246 b SB2227 Enrolled LRB103 28861 AWJ 55246 b
32 SB2227 Enrolled LRB103 28861 AWJ 55246 b
4-AN ACT concerning local government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Counties Code is amended by changing
8-Sections 3-5001, 3-5002, 3-5003, 3-5004, 3-5005, 3-5005.1,
9-3-5005.2, 3-5005.3, 3-5005.4, 3-5006, 3-5007, 3-5008, 3-5009,
10-3-5010, 3-5010.5, 3-5010.8, 3-5011, 3-5012, 3-5013, 3-5014,
11-3-5015, 3-5016, 3-5019, 3-5020, 3-5020.5, 3-5021, 3-5024,
12-3-5025, 3-5029, 3-5031, 3-5033, 3-5036.5, 3-5037, 3-5038,
13-3-5045, 4-12003 and by adding Sections 3-5018.2 and 4-12002.3
14-as follows:
15-(55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
16-Sec. 3-5001. County clerk as recorder; election of
17-recorder. The county clerk in counties having a population of
18-less than 60,000 inhabitants shall be the recorder in the
19-clerk's his county.
20-In counties having a population of 60,000 or more
21-inhabitants, there shall be elected a recorder, as provided by
22-law, who shall hold his office until a his successor is
23-qualified.
24-If the population of any county in which a recorder has
25-been elected decreases to less than 60,000, the voters of that
26-county shall continue to elect a recorder if the county board
3+1 AN ACT concerning local government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Counties Code is amended by changing
7+5 Sections 3-5001, 3-5002, 3-5003, 3-5004, 3-5005, 3-5005.1,
8+6 3-5005.2, 3-5005.3, 3-5005.4, 3-5006, 3-5007, 3-5008, 3-5009,
9+7 3-5010, 3-5010.5, 3-5010.8, 3-5011, 3-5012, 3-5013, 3-5014,
10+8 3-5015, 3-5016, 3-5019, 3-5020, 3-5020.5, 3-5021, 3-5024,
11+9 3-5025, 3-5029, 3-5031, 3-5033, 3-5036.5, 3-5037, 3-5038,
12+10 3-5045, 4-12003 and by adding Sections 3-5018.2 and 4-12002.3
13+11 as follows:
14+12 (55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
15+13 Sec. 3-5001. County clerk as recorder; election of
16+14 recorder. The county clerk in counties having a population of
17+15 less than 60,000 inhabitants shall be the recorder in the
18+16 clerk's his county.
19+17 In counties having a population of 60,000 or more
20+18 inhabitants, there shall be elected a recorder, as provided by
21+19 law, who shall hold his office until a his successor is
22+20 qualified.
23+21 If the population of any county in which a recorder has
24+22 been elected decreases to less than 60,000, the voters of that
25+23 county shall continue to elect a recorder if the county board
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3029 SB2227 Enrolled LRB103 28861 AWJ 55246 b
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33-adopts a resolution to continue the office of an elected
34-recorder.
35-(Source: P.A. 86-962; 86-1028.)
36-(55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
37-Sec. 3-5002. Bond. Every recorder, whether elected as such
38-or holding the office of recorder in addition to the office of
39-county clerk as hereinbefore provided, shall, before entering
40-upon the duties of the his or her office, give bonds (or, if
41-the county is self-insured, the county through its
42-self-insurance program may provide bonding), with sufficient
43-security to be approved by the circuit court, payable to the
44-People of the State of Illinois, in the penal sum of $10,000
45-(except that in counties having a population of 60,000 or more
46-inhabitants the penalty of the bond shall be $20,000),
47-conditioned for the faithful discharge of the recorder's his
48-or her duties, and to deliver up all papers, books, records and
49-other things appertaining to the his or her office, whole,
50-safe and undefaced, when lawfully required so to do - which
51-bond shall be filed in the office of the Secretary of State,
52-and a copy thereof filed of record in the court.
53-(Source: P.A. 88-387.)
54-(55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
55-Sec. 3-5003. Oath. Each recorder, before entering upon the
56-duties of the his office, shall take and subscribe to the oath
57-
58-
59-or affirmation prescribed by Section 3, Article XIII of the
60-Constitution, which shall be filed with the county clerk.
61-(Source: P.A. 86-962.)
62-(55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
63-Sec. 3-5004. Commencement of duties. The recorder shall
64-enter upon the duties of the his office on the first day in the
65-month of December following the recorder's his election on
66-which the office of the recorder is required, by statute or by
67-action of the county board, to be open. The recorder He shall
68-be commissioned by the Governor.
69-(Source: P.A. 86-962.)
70-(55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
71-Sec. 3-5005. Functions, powers and duties of recorder. The
72-functions and powers of the recorders shall be uniform in the
73-various counties of this State. The recorder has those
74-functions, powers, and duties as provided in this Division the
75-Sections following this Section and preceding Section 3-5006.
76-(Source: P.A. 86-962.)
77-(55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
78-Sec. 3-5005.1. Appointment of deputies, assistants and
79-personnel. The recorder shall appoint his deputies,
80-assistants, and personnel to assist the recorder him in the
81-performance of the recorder's his duties.
82-
83-
84-(Source: P.A. 86-962.)
85-(55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
86-Sec. 3-5005.2. Internal operations of office. The recorder
87-shall have the right to control the internal operations of the
88-his office; to procure necessary equipment, materials and
89-services to perform the duties of the his office. The recorder
90-Recorder shall have the right to select the computer or
91-micrographic system to be used for document storage and
92-retrieval. The recorder Recorder may retain the services of
93-management or consulting firms to establish or maintain such a
94-system.
95-(Source: P.A. 86-962.)
96-(55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3)
97-Sec. 3-5005.3. Monthly report of financial status. The
98-recorder shall file a monthly report with the county clerk
99-summarizing the financial status of the his office in such
100-form as shall be determined by the county board.
101-(Source: P.A. 86-962.)
102-(55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4)
103-Sec. 3-5005.4. Deposit of fee income; special funds. The
104-recorder shall deposit in the office of the county treasurer
105-monthly by the 10th day of the month following, all fee income.
106-The recorder may maintain the following special funds from
107-
108-
109-which the county board shall authorize payment by voucher
110-between board meetings:
111-(a) Overpayments.
112-(b) Reasonable amount needed during the succeeding
113-accounting period to pay office expenses, postage, freight,
114-express or similar charges.
115-(c) Excess earnings from the sale of revenue stamps to be
116-maintained in a fund to be used for the purchase of additional
117-stamps from the Illinois Department of Revenue.
118-(d) Fund to pay necessary travel, dues and other expenses
119-incurred in attending workshops, educational seminars and
120-organizational meetings established for the purpose of
121-providing in-service training.
122-(e) Trust funds and for such other purposes as may be
123-provided for by law.
124-(f) Such other funds as may be authorized by the county
125-board. The recorder shall make accounting monthly to the
126-county board through the county clerk of all special funds
127-maintained by the recorder him in the discharge of the
128-recorder's his duties.
129-(Source: P.A. 86-962.)
130-(55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
131-Sec. 3-5006. Appointment of deputies in writing.
132-Appointments of deputies shall be in writing, and entered upon
133-the records of the his office.
134-
135-
136-(Source: P.A. 86-962.)
137-(55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007)
138-Sec. 3-5007. Oath of deputies. Each deputy shall, before
139-entering upon the deputy's duties of his office, take and
140-subscribe an oath or affirmation, in like form as is required
141-of the recorder, which shall be filed in the office of the
142-recorder.
143-(Source: P.A. 86-962.)
144-(55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
145-Sec. 3-5008. Powers of deputies. Deputy recorders duly
146-appointed and qualified may perform any and all duties of the
147-recorder in the name of the recorder, and the acts of such
148-deputies shall be held to be the acts of the recorder, and in
149-case of the death of the recorder or the recorder's his
150-deposition from office, the chief deputy shall thereupon
151-become the acting recorder until such vacancy shall be filled
152-according to the The Election Code, and the chief deputy he
153-shall file a like bond and be vested with the same powers and
154-subject to the same responsibilities and entitled to the same
155-compensation as in case of recorder. Provided, that if the
156-recorder is called into the active military service of the
157-United States, the his office shall not be deemed to be vacant
158-during the time the recorder he is in the active military
159-service of the United States, but during the time the recorder
160-
161-
162-he is in such active military service of the United States the
163-chief deputy recorder shall be the recorder, and shall perform
164-and discharge all of the duties of the recorder in such county,
165-and shall be paid the same compensation as provided by law for
166-the recorder of the county unless compensated at a higher rate
167-than the recorder as chief deputy, apportioned as to the time
168-of service, and the chief such deputy recorder shall cease to
169-be the recorder upon the discharge of said recorder from the
170-active military service of the United States; and provided
171-further, that the chief deputy recorder, upon becoming the
172-temporary recorder during the absence of the recorder in the
173-active military service of the United States, shall give bond
174-as required of a regularly elected recorder.
175-(Source: P.A. 86-962.)
176-(55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
177-Sec. 3-5009. Recorder liable for deputies. The recorder
178-shall be liable for any neglect or omission of the duties of
179-the his office, when occasioned by a deputy, in the same manner
180-as for the recorder's his own personal neglect or omission.
181-(Source: P.A. 86-962.)
182-(55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)
183-Sec. 3-5010. Duties of recorder. Every recorder shall, as
184-soon as practicable after the receipt of any instrument in
185-writing in the his office, entitled to be recorded, record the
186-
187-
188-same at length in the order of time of its reception, in well
189-bound books or computer databases to be provided for that
190-purpose. In counties of 500,000 or more inhabitants, the
191-recorder may microphotograph or otherwise reproduce on film
192-any of such instruments in the manner provided by law. In
193-counties of less than 500,000 inhabitants, the recorder may
194-cause to be microphotographed or otherwise reproduced on film
195-any of such instruments or electronic method of storage. When
196-any such instrument is reproduced on film or electronic method
197-of storage, the film or electronic method of storage shall
198-comply with the minimum standards of quality approved for
199-records of the State Records Commission and the device used to
200-reproduce the records on the film or electronic method of
201-storage shall be one which accurately reproduces the contents
202-of the original.
203-(Source: P.A. 97-757, eff. 7-6-12.)
204-(55 ILCS 5/3-5010.5)
205-Sec. 3-5010.5. Fraud referral and review.
206-(a) Legislative findings. The General Assembly finds that
207-property fraud, including fraudulent filings intended to cloud
208-or fraudulently transfer title to property by recording false
209-or altered documents and deeds, is a rapidly growing problem
210-throughout the State. In order to combat the increase in the
211-number of these filings, a recorder may establish a process to
212-review and refer documents suspected to be fraudulent.
213-
214-
215-(b) Definitions. The terms "recording" and "filing" are
216-used interchangeably in this Section.
217-(c) Establishment and use of a fraud referral and review
218-process. A recorder who establishes a fraud referral and
219-review process under the provisions of this Section may use it
220-to review deeds and instruments and refer any of them to an
221-administrative law judge for review pursuant to subsection (g)
222-of this Section that cause the recorder to reasonably believe
223-that the filing may be fraudulent, unlawfully altered, or
224-intended to unlawfully cloud or transfer the title of any real
225-property. The recorder may enter into an intergovernmental
226-agreement with local law enforcement officials for the
227-purposes of this referral and review. A recorder may request
228-that the Secretary of the Department of Financial and
229-Professional Regulation assist in reviewing possible
230-fraudulent filings. Upon request, the Secretary, or the
231-Secretary's his or her designee, shall assist in identifying
232-the validity of filings. The recorder shall notify the
233-Secretary when a document suspected to be fraudulent is
234-discovered.
235-In counties with a population of less than 3 million, a
236-recorder shall provide public notice 90 days before the
237-establishment of the fraud referral and review process. The
238-notice shall include a statement of the recorder's intent to
239-create a fraud referral and review process and shall be
240-published in a newspaper of general circulation in the county
241-
242-
243-and, if feasible, posted on the recorder's website and at the
244-recorder's office or offices.
245-In determining whether to refer a document to an
246-administrative law judge for review, a recorder may take into
247-consideration any of the following factors:
248-(1) whether the owner of the property or owner's his
249-or her designated representative has reported to the
250-recorder that another individual is attempting or has
251-attempted to record a fraudulent deed or other instrument
252-upon the property;
253-(2) whether a law enforcement official has contacted
254-the recorder indicating that the law enforcement official
255-he or she has probable cause to suspect title or recording
256-fraud;
257-(3) whether the filer's name has a copyright attached
258-to it or the property owner's name has nonstandard
259-punctuation attached to it;
260-(4) whether the documents assert fines that do not
261-exist or have no basis under current law or that require
262-payment in gold or silver;
263-(5) whether the documents are maritime liens, or liens
264-under the Federal Maritime Lien Act or the Preferred Ship
265-Mortgage Act, or not authorized by the United States Coast
266-Guard;
267-(6) whether the documents are land patents not
268-authorized and certified by the United States Department
269-
270-
271-of the Interior Bureau of Land Management;
272-(7) whether the documents are representing that the
273-subject of the lien is releasing itself from a lien held by
274-another entity, with no apparent cooperation or
275-authorization provided by the lienholder;
276-(8) whether the documents are protesting or disputing
277-a foreclosure proceeding that are not filed within the
278-foreclosure suit and with the court presiding over the
279-matter;
280-(9) whether the documents are Uniform Commercial Code
281-filings referencing birth certificates or other private
282-records that are not in compliance with Section 9-501 of
283-the Uniform Commercial Code;
284-(10) whether the documents are re-recording deeds to
285-re-notarize or attach notary certification if prior
286-notarization already appears unaltered on the document of
287-record;
288-(11) whether the documents are asserting diplomatic
289-credentials or immunity, non-United States citizenship, or
290-independence from the laws of the United States;
291-(12) whether the documents are claims that a bank
292-cannot hold title after a foreclosure;
293-(13) whether the documents are deeds not properly
294-signed by the last legal owner of record or the owner's
295-court-appointed his or her court appointed representative
296-or attorney-in-fact under a power of attorney;
297-
298-
299-(14) whether the documents are manipulated or altered
300-federal or State legal or court forms that release a lien;
301-(15) whether a document is not related to a valid
302-existing or potential adverse transaction, existing lien,
303-or judgment of a court of competent jurisdiction;
304-(16) a document that is not related to a valid
305-existing or potential commercial or financial transaction,
306-existing agricultural or other lien, or judgment of a
307-court of competent jurisdiction;
308-(17) whether the document is filed with the intent to
309-harass or defraud the person identified in the record or
310-any other person;
311-(18) whether the document is filed with the intent to
312-harass or defraud any member of a governmental office,
313-including, but not limited to, the recorder's office,
314-local government offices, the State of Illinois, or the
315-Federal government; and
316-(19) whether the documents are previous court
317-determinations, including a previous determination by a
318-court of competent jurisdiction that a particular document
319-is fraudulent, invalid, or forged.
320-(d) Determinations. If a recorder determines, after review
321-by legal staff and counsel, that a deed or instrument that is
322-recorded in the grantor's index or the grantee's index may be
323-fraudulent, unlawfully altered, or intended to unlawfully
324-cloud or transfer the title of any real property, the recorder
325-
326-
327-he or she shall refer the deed or instrument to an
328-administrative law judge for review pursuant to subsection (g)
329-of this Section. The recorder shall record a Notice of
330-Referral in the grantor's index or the grantee's index
331-identifying the document, corresponding document number in
332-question, and the date of referral. The recorder shall also
333-notify the parties set forth in subsection (e) of this
334-Section. The recorder may, at the recorder's his or her
335-discretion, notify law enforcement officials regarding a
336-filing determined to be fraudulent, unlawfully altered, or
337-intended to unlawfully cloud or transfer the title of any real
338-property.
339-(e) Notice. The recorder shall use county property tax
340-records to identify and provide notice to the last owner of
341-record by telephone, if available, and certified mail both
342-when: (1) a deed or instrument has been referred for review and
343-determination; and (2) a final determination has been made
344-regarding the deed or instrument. Notice, by mail, shall also
345-be sent to the physical address of the property associated
346-with the deed or instrument.
347-(f) Administrative decision. The recorder's decision to
348-add a Notice of Referral and refer a document for review is a
349-final administrative decision that is subject to review by the
350-circuit court of the county where the real property is located
351-under the Administrative Review Law. The standard of review by
352-the circuit court shall be de novo.
353-
354-
355-(g) Referral and review process. Prior to referral, the
356-recorder shall notify the last owner of record of the document
357-or documents suspected to be fraudulent. The person, entity,
358-or legal representative thereof shall confirm in writing the
359-person's, entity's, or legal representative's his or her
360-belief that a document or documents are suspected to be
361-fraudulent and may request that the recorder refer the case
362-for review. Upon request, the recorder shall bring a case to
363-its county department of administrative hearings and, within
364-10 business days after receipt, an administrative law judge
365-shall schedule a hearing to occur no later than 30 days after
366-receiving the referral. The referral and case shall clearly
367-identify the person, persons, or entity believed to be the
368-last true owner of record as the petitioner. Notice of the
369-hearing shall be provided by the administrative law judge to
370-the filer, or the party represented by the filer, of the
371-suspected fraudulent document, the legal representative of the
372-recorder of deeds who referred the case, and the last owner of
373-record, as identified in the referral.
374-If clear and convincing evidence shows the document in
375-question to be fraudulent, the administrative law judge shall
376-rule the document to be fraudulent and forward the judgment to
377-all the parties identified in this subsection. Upon receiving
378-notice of the judgment of fraud, the recorder shall, within 5
379-business days, record a new document that includes a copy of
380-the judgment in front of the Notice of Referral that shall
381-
382-
383-clearly state that the document in question has been found to
384-be fraudulent and shall not be considered to affect the chain
385-of title of the property in any way.
386-If the administrative law judge finds the document to be
387-legitimate, the recorder shall, within 5 business days after
388-receiving notice, record a copy of the judgment.
389-A decision by an administrative law judge shall not
390-preclude a State's attorney or sheriff from proceeding with a
391-criminal investigation or criminal charges. If a county does
392-not have an administrative law judge that specializes in
393-public records, one shall be appointed within 3 months after
394-the effective date of this amendatory Act of the 98th General
395-Assembly, or the original case shall be forwarded to the
396-proper circuit court with jurisdiction.
397-Nothing in this Section precludes a private right of
398-action by any party with an interest in the property affected
399-by the review and referral, or the filer of the document or
400-documents suspected to be fraudulent. Nothing in this Section
401-requires a person or entity who may have had a fraudulent
402-document or encumbrance filed against the person's or entity's
403-his or her property to use the fraud review and referral
404-process or administrative review created by this Section.
405-(h) Fees. The recorder shall retain any filing fees
406-associated with filing a deed or instrument that is determined
407-to be fraudulent, unlawfully altered, or intended to
408-unlawfully cloud or transfer the title of any real property
409-
410-
411-under this Section.
412-(i) Liability. Neither a recorder nor any of the
413-recorder's his or her employees or agents shall be subject to
414-personal liability by reason of any error or omission in the
415-performance of any duty under this Section, except in case of
416-willful or wanton conduct. Neither the recorder nor any of the
417-recorder's his or her employees shall incur liability for the
418-referral or review, or failure to refer or review, a document
419-or instrument under this Section.
420-(j) Applicability. This Section applies only to filings
421-provided to the recorder on and after the effective date of
422-this amendatory Act of the 98th General Assembly.
423-(k) (Blank).
424-(Source: P.A. 100-276, eff. 8-22-17.)
425-(55 ILCS 5/3-5010.8)
426-(Section scheduled to be repealed on January 1, 2024)
427-Sec. 3-5010.8. Mechanics lien demand and referral pilot
428-program.
429-(a) Legislative findings. The General Assembly finds that
430-expired mechanics liens on residential property, which cloud
431-title to property, are a rapidly growing problem throughout
432-the State. In order to address the increase in expired
433-mechanics liens and, more specifically, those that have not
434-been released by the lienholder, a recorder may establish a
435-process to demand and refer mechanics liens that have been
436-
437-
438-recorded but not litigated or released in accordance with the
439-Mechanics Lien Act to an administrative law judge for
440-resolution or demand that the lienholder commence suit or
441-forfeit the lien.
442-(b) Definitions. As used in this Section:
443-"Demand to Commence Suit" means the written demand
444-specified in Section 34 of the Mechanics Lien Act.
445-"Mechanics lien" and "lien" are used interchangeably in
446-this Section.
447-"Notice of Expired Mechanics Lien" means the notice a
448-recorder gives to a property owner under subsection (d)
449-informing the property owner of an expired lien.
450-"Notice of Referral" means the document referring a
451-mechanics lien to a county's code hearing unit.
452-"Recording" and "filing" are used interchangeably in this
453-Section.
454-"Referral" or "refer" means a recorder's referral of a
455-mechanics lien to a county's code hearing unit to obtain a
456-determination as to whether a recorded mechanics lien is
457-valid.
458-"Residential property" means real property improved with
459-not less than one nor more than 4 residential dwelling units; a
460-residential condominium unit, including, but not limited to,
461-the common elements allocated to the exclusive use of the
462-condominium unit that form an integral part of the condominium
463-unit and any parking unit or units specified by the
464-
465-
466-declaration to be allocated to a specific residential
467-condominium unit; or a single tract of agriculture real estate
468-consisting of 40 acres or less that is improved with a
469-single-family residence. If a declaration of condominium
470-ownership provides for individually owned and transferable
471-parking units, "residential property" does not include the
472-parking unit of a specified residential condominium unit
473-unless the parking unit is included in the legal description
474-of the property against which the mechanics lien is recorded.
475-(c) Establishment of a mechanics lien demand and referral
476-process. After a public hearing, a recorder in a county with a
477-code hearing unit may adopt rules establishing a mechanics
478-lien demand and referral process for residential property. A
479-recorder shall provide public notice 90 days before the public
480-hearing. The notice shall include a statement of the
481-recorder's intent to create a mechanics lien demand and
482-referral process and shall be published in a newspaper of
483-general circulation in the county and, if feasible, be posted
484-on the recorder's website and at the recorder's office or
485-offices.
486-(d) Notice of Expired Lien. If a recorder determines,
487-after review by legal staff or counsel, that a mechanics lien
488-recorded in the grantor's index or the grantee's index is an
489-expired lien, the recorder shall serve a Notice of Expired
490-Lien by certified mail to the last known address of the owner.
491-The owner or legal representative of the owner of the
492-
493-
494-residential property shall confirm in writing the owner's or
495-legal representative's his or her belief that the lien is not
496-involved in pending litigation and, if there is no pending
497-litigation, as verified and confirmed by county court records,
498-the owner may request that the recorder proceed with a
499-referral or serve a Demand to Commence Suit.
500-For the purposes of this Section, a recorder shall
501-determine if a lien is an expired lien. A lien is expired if a
502-suit to enforce the lien has not been commenced or a
503-counterclaim has not been filed by the lienholder within 2
504-years after the completion date of the contract as specified
505-in the recorded mechanics lien. The 2-year period shall be
506-increased to the extent that an automatic stay under Section
507-362(a) of the United States Bankruptcy Code stays a suit or
508-counterclaim to foreclose the lien. If a work completion date
509-is not specified in the recorded lien, then the work
510-completion date is the date of recording of the mechanics
511-lien.
512-(e) Demand to Commence Suit. Upon receipt of an owner's
513-confirmation that the lien is not involved in pending
514-litigation and a request for the recorder to serve a Demand to
515-Commence Suit, the recorder shall serve a Demand to Commence
516-Suit on the lienholder of the expired lien as provided in
517-Section 34 of the Mechanics Lien Act. A recorder may request
518-that the Secretary of State assist in providing registered
519-agent information or obtain information from the Secretary of
520-
521-
522-State's registered business database when the recorder seeks
523-to serve a Demand to Commence suit on the lienholder. Upon
524-request, the Secretary of State, or the Secretary of State's
525-his or her designee, shall provide the last known address or
526-registered agent information for a lienholder who is
527-incorporated or doing business in the State. The recorder must
528-record a copy of the Demand to Commence suit in the grantor's
529-index or the grantee's index identifying the mechanics lien
530-and include the corresponding document number and the date of
531-demand. The recorder may, at the recorder's his or her
532-discretion, notify the Secretary of State regarding a Demand
533-to Commence suit determined to involve a company, corporation,
534-or business registered with that office.
535-When the lienholder commences a suit or files an answer
536-within 30 days or the lienholder records a release of lien with
537-the county recorder as required by subsection (a) of Section
538-34 of the Mechanics Lien Act, then the demand and referral
539-process is completed for the recorder for that property. If
540-service under this Section is responded to consistent with
541-Section 34 of the Mechanics Lien Act, the recorder may not
542-proceed under subsection (f). If no response is received
543-consistent with Section 34 of the Mechanics Lien Act, the
544-recorder may proceed under subsection (f).
545-(f) Referral. Upon receipt of an owner's confirmation that
546-the lien is not involved in pending litigation and a request
547-for the recorder to proceed with a referral, the recorder
548-
549-
550-shall: (i) file the Notice of Referral with the county's code
551-hearing unit; (ii) identify and notify the lienholder by
552-telephone, if available, of the referral and send a copy of the
553-Notice of Referral by certified mail to the lienholder using
554-information included in the recorded mechanics lien or the
555-last known address or registered agent received from the
556-Secretary of State or obtained from the Secretary of State's
557-registered business database; (iii) send a copy of the Notice
558-of Referral by mail to the physical address of the property
559-owner associated with the lien; and (iv) record a copy of the
560-Notice of Referral in the grantor's index or the grantee's
561-index identifying the mechanics lien and include the
562-corresponding document number. The Notice of Referral shall
563-clearly identify the person, persons, or entity believed to be
564-the owner, assignee, successor, or beneficiary of the lien.
565-The recorder may, at the recorder's his or her discretion,
566-notify the Secretary of State regarding a referral determined
567-to involve a company, corporation, or business registered with
568-that office.
569-No earlier than 30 business days after the date the
570-lienholder is required to respond to a Demand to Commence Suit
571-under Section 34 of the Mechanics Lien Act, the code hearing
572-unit shall schedule a hearing to occur at least 30 days after
573-sending notice of the date of hearing. Notice of the hearing
574-shall be provided by the county recorder, by and through the
575-recorder's his or her representative, to the filer, or the
576-
577-
578-party represented by the filer, of the expired lien, the legal
579-representative of the recorder of deeds who referred the case,
580-and the last owner of record, as identified in the Notice of
581-Referral.
582-If the recorder shows by clear and convincing evidence
583-that the lien in question is an expired lien, the
584-administrative law judge shall rule the lien is forfeited
585-under Section 34.5 of the Mechanics Lien Act and that the lien
586-no longer affects the chain of title of the property in any
587-way. The judgment shall be forwarded to all parties identified
588-in this subsection. Upon receiving judgment of a forfeited
589-lien, the recorder shall, within 5 business days, record a
590-copy of the judgment in the grantor's index or the grantee's
591-index.
592-If the administrative law judge finds the lien is not
593-expired, the recorder shall, no later than 5 business days
594-after receiving notice of the decision of the administrative
595-law judge, record a copy of the judgment in the grantor's index
596-or the grantee's index.
597-A decision by an administrative law judge is reviewable
598-under the Administrative Review Law, and nothing in this
599-Section precludes a property owner or lienholder from
600-proceeding with a civil action to resolve questions concerning
601-a mechanics lien.
602-A lienholder or property owner may remove the action from
603-the code hearing unit to the circuit court as provided in
604-
605-
606-subsection (i).
607-(g) Final administrative decision. The recorder's decision
608-to refer a mechanics lien or serve a Demand to Commence Suit is
609-a final administrative decision that is subject to review
610-under the Administrative Review Law by the circuit court of
611-the county where the real property is located. The standard of
612-review by the circuit court shall be consistent with the
613-Administrative Review Law.
614-(h) Liability. A recorder and the recorder's his or her
615-employees or agents are not subject to personal liability by
616-reason of any error or omission in the performance of any duty
617-under this Section, except in the case of willful or wanton
618-conduct. The recorder and the recorder's his or her employees
619-or agents are not liable for the decision to refer a lien or
620-serve a Demand to Commence Suit, or failure to refer or serve a
621-Demand to Commence Suit, of a lien under this Section.
622-(i) Private actions; use of demand and referral process.
623-Nothing in this Section precludes a private right of action by
624-any party with an interest in the property affected by the
625-mechanics lien or a decision by the code hearing unit. Nothing
626-in this Section requires a person or entity who may have a
627-mechanics lien recorded against the person's or entity's his
628-or her property to use the mechanics lien demand and referral
629-process created by this Section.
630-A lienholder or property owner may remove a matter in the
631-referral process to the circuit court at any time prior to the
632-
633-
634-final decision of the administrative law judge by delivering a
635-certified notice of the suit filed in the circuit court to the
636-administrative law judge. Upon receipt of the certified
637-notice, the administrative law judge shall dismiss the matter
638-without prejudice. If the matter is dismissed due to removal,
639-then the demand and referral process is completed for the
640-recorder for that property. If the circuit court dismisses the
641-removed matter without deciding on whether the lien is expired
642-and without prejudice, the recorder may reinstitute the demand
643-and referral process under subsection (d).
644-(j) Repeal. This Section is repealed on January 1, 2024.
645-(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
646-(55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
647-Sec. 3-5011. Office to remain open during bank holiday.
648-Whenever an emergency exists which involves the banking or
649-credit structure within the State of Illinois, and which is
650-recognized by a proclamation by the Governor or by an act or
651-resolution of the General Assembly, and by such proclamation
652-of the Governor a public holiday has been or shall be declared,
653-the proclamation of such public holiday shall not require the
654-recorder or registrar of titles in any county in this State to
655-close the recorder's or registrar's his office, but every such
656-recorder or registrar of titles shall continue to keep the
657-recorder's or registrar's his office open and to operate in
658-the same manner as though no such public holiday had been
659-
660-
661-declared, unless in and by such proclamation the Governor of
662-this State shall make specific reference to the closing of
663-recorders' or registrars' offices in this State. The actions
664-of any recorder or registrar of titles performed prior to May
665-26, 1933 and during the continuance of any such holiday, are
666-validated.
667-(Source: P.A. 86-962.)
668-(55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
669-Sec. 3-5012. Recording and indexing books. Separate books
670-and computer databases may be kept for the recording and
671-indexing of different classes of instruments. Three distinct
672-series of document numbers may be used for recording documents
673-received for recordation, one series of numbers to be preceded
674-by the letter "b" in each case, which series shall be used only
675-for bills of sale of personal property, chattel mortgages and
676-releases, extensions and assignments, thereof, one series of
677-numbers to be preceded by the letter "c" in each case, which
678-series shall be used only for certificates of discharge of
679-discharged members of the military, aviation and naval forces
680-of the United States, and the other series of document numbers
681-shall be used for all other instruments received for
682-recordation. When three series of document numbers are thus
683-used, a separate place may be provided in the Recorder's
684-office for the receipt of each kind of documents to which such
685-serial numbers apply.
686-
687-
688-(Source: P.A. 86-962.)
689-(55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
690-Sec. 3-5013. Transcription or reproduction of written
691-instruments. The recorder, when recording at length
692-instruments in writing in the his or her office, may
693-transcribe the instruments in handwriting or typewriting, make
694-photographic or photostatic reproductions of the instruments,
695-or transcribe the instruments partly in handwriting or
696-typewriting and make photographic or photostatic reproductions
697-of the remaining portions of the instruments. Every document,
698-however, shall be filed in a complete and intelligible manner.
699-The recorder may not accept facsimile or other photographic or
700-photostatic copies of the signatures of parties executing
701-documents without labeling those signatures as copies unless
702-they are digital signatures submitted under federal or State
703-law. When photographic or photostatic reproductions are used,
704-the recorder shall first be satisfied that the reproductions
705-are as lasting and durable as handwritten or typewritten
706-copies. The reproductions may shall be upon sheets bound
707-together in well bound books or placed in books that are
708-permanently locked so that the sheets cannot be tampered with
709-or removed. When instruments are reproduced by
710-microphotography, digital scanning, or otherwise reproduced on
711-film as provided in this Section the reproduction thus made
712-shall be deemed the record for all purposes.
713-
714-
715-(Source: P.A. 86-962; 87-376.)
716-(55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014)
717-Sec. 3-5014. Mortgages or liens filed but not recorded.
718-Upon receipt of any mortgage, trust deed or conveyance of
719-personal property having the effect of a mortgage or lien upon
720-such property, upon which is indorsed the words, "this
721-instrument to be filed, but not recorded" or words of a similar
722-import, signed by the mortgagee, the mortgagee's his agent or
723-attorney, and upon payment of a fee equal to what would be
724-charged if the document were to be recorded, the recorder
725-shall mark the instrument "filed", endorse the time (including
726-the hour of the day) of the receipt thereof and file the same
727-in the his office.
728-Each instrument filed as above shall be numbered and
729-indexed by the recorder Recorder in the book wherein the
730-recorder he alphabetically indexes chattel mortgages and shall
731-refer to the number appearing on the filed instrument.
732-The recorder may destroy any instrument filed but not
733-recorded in the manner hereinabove provided, one year after
734-the maturity thereof as stated therein; except, no such
735-instrument may be destroyed until one year after the maturity
736-of the last extension thereof filed in the recorder's office.
737-(Source: P.A. 86-962.)
738-(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
739-
740-
741-Sec. 3-5015. Certificates of discharge or release from
742-active duty. Certificates of discharge or MEMBER-4 copy of
743-certificate of release or discharge from active duty of
744-honorably discharged or separated members of the military,
745-aviation and naval forces of the United States shall be
746-recorded by each recorder, free of charge, in a separate book
747-or computer database which shall be kept for the purpose. The
748-recorder in counties of over 500,000 population shall as soon
749-as practicable after the recording of the original discharge
750-certificate or MEMBER-4 copy of certificate of release or
751-discharge from active duty, deliver to each of the persons
752-named in the discharge certificate or MEMBER-4 copy of
753-certificate of release or discharge from active duty, or the
754-person's his agent, one certified copy of the person's his
755-discharge certificate or MEMBER-4 copy of certificate of
756-release or discharge from active duty without charge.
757-Additional certified copies shall be furnished by the recorder
758-upon the payment to the recorder of a fee of $1.25, payable in
759-advance, for each such additional certified copy. The recorder
760-may waive the fee for reasonable requests for additional
761-copies if the recorder deems collecting the fee to be a burden
762-to the county, but only if the fee is waived for all reasonable
763-requests for additional copies under this Section.
764-Upon the delivery of the certificate of discharge or
765-MEMBER-4 copy of certificate of release or discharge from
766-active duty after the recordation thereof is completed, and
767-
768-
769-the delivery of one certified copy thereof to the person named
770-in the discharge certificate or MEMBER-4 copy of certificate
771-of release or discharge from active duty or the person's his
772-agent, the receipt theretofore issued by the recorder, or a
773-copy thereof shall be surrendered to the recorder, with a
774-signed statement acknowledging the receipt of the discharge
775-certificate or MEMBER-4 copy of certificate of release or
776-discharge from active duty and the certified copy thereof.
777-Certified copies of the certificates of discharge or
778-MEMBER-4 copy of certificate of release or discharge from
779-active duty furnished by the recorder may vary from the size of
780-the original, if in the judgment of the recorder, such
781-certified copies are complete and legible.
782-A military discharge form (DD-214) or any other
783-certificate of discharge or release from active duty document
784-that was issued by the United States government or any state
785-government in reference to those who served with an active or
786-inactive military reserve unit or National Guard force and
787-that was recorded by a County Clerk or Recorder of Deeds is not
788-subject to public inspection, enjoying all the protection
789-covered by the federal Privacy Act of 1974 or any other privacy
790-law. These documents shall be accessible only to the person
791-named in the document, the named person's dependents, the
792-county veterans' service officer, representatives of the
793-Department of Veterans' Affairs, or any person with written
794-authorization from the named person or the named person's
795-
796-
797-dependents. Notwithstanding any other provision in this
798-paragraph, these documents shall be made available for public
799-inspection and copying in accordance with the archival
800-schedule adopted by the National Archives and Records
801-Administration and subject to redaction of information that is
802-considered private under the Illinois Freedom of Information
803-Act, the federal Freedom of Information Act, and the federal
804-Privacy Act.
805-(Source: P.A. 101-402, eff. 8-16-19.)
806-(55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
807-Sec. 3-5016. Quarters; office hours. Every recorder
808-Recorder shall keep the recorder's his office at the
809-courthouse of the county for which the recorder was elected he
810-is recorder, or in counties of the second or third class in
811-some other suitable building provided at the county seat by
812-the county for which the person was elected he is recorder and
813-shall keep the his office open except as hereinafter provided
814-and attend to the duties thereof in counties of the first and
815-second classes from 8 o'clock A.M. to 5 o'clock P.M. of each
816-working day, except Saturday and Sunday, and in counties of
817-the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
818-working day, except Saturday and Sunday. The , and except in
819-each county of all classes such days as under any law are or
820-may be legal holidays in any part of the county, as regards the
821-presenting for payment, acceptance, maturity, protesting, or
822-
823-
824-giving notice of the dishonor of bills of exchange, bank
825-checks, promissory notes, or other negotiable or commercial
826-paper or instruments: Provided, however, that the hours of
827-opening and closing of the office of the recorder Recorder may
828-be changed and otherwise fixed and determined by the county
829-board of any county. Any such action taken by the county board
830-shall be by an appropriate resolution passed at a regular
831-meeting. The office of the recorder shall accept instruments
832-for recordation at all times during which the office is open.
833-(Source: P.A. 86-962.)
834-(55 ILCS 5/3-5018.2 new)
835-Sec. 3-5018.2. Predictable fee schedule for recordings in
836-first and second class counties.
837-(a) The fees of the recorder in counties of the first and
838-second class for recording deeds or other instruments in
839-writing and maps of plats of additions, subdivisions, or
840-otherwise and for certifying copies of records shall be paid
841-in advance and shall conform to this Section. The fees or
842-surcharges shall not, unless otherwise provided in this
843-Section, be based on the individual attributes of a document
844-to be recorded, including, but not limited to, page count;
845-number, length, or type of legal descriptions; number of tax
846-identification or other parcel-identifying code numbers;
847-number of common addresses; number of references contained as
848-to other recorded documents or document numbers; or any other
849-
850-
851-individual attribute of the document. The fees charged under
852-this Section shall be inclusive of all county and State fees
853-that the county may elect or is required to impose or adjust,
854-including, but not limited to, GIS fees, automation fees,
855-document storage fees, and the Rental Housing Support Program
856-State and county surcharges.
857-(b) A county of the first or second class shall adopt and
858-implement, by ordinance or resolution, a predictable fee
859-schedule as provided in subsection (c) that eliminates
860-surcharges or fees based on the individual attributes of a
861-document to be recorded. If a county has previously adopted an
862-ordinance or resolution adopting a predictable fee schedule,
863-the county must adopt an ordinance or resolution revising that
864-predictable fee schedule to be consistent with this Section.
865-After a document class predictable fee is approved by a county
866-board consistent with this Section, the county board may, by
867-ordinance or resolution, increase the document class
868-predictable fee and collect the increased fees if the
869-established fees are not sufficient to cover the costs of
870-providing the services related to the document class for which
871-the fee is to be increased.
872-For the purposes of the fee charged, the ordinance or
873-resolution shall divide documents into the classifications
874-specified in subsection (c), and shall establish a single,
875-all-inclusive county and State-imposed aggregate predictable
876-fee charged for each classification of document at the time of
877-
878-
879-recording for that document. Each document, unless otherwise
880-provided in this Section, shall fall within one of the
881-document class predictable fee classifications set by
882-subsection (c), and fees for each document class shall be
883-charged only as allowed by this Section.
884-Before approval of an ordinance or resolution under this
885-subsection that creates or modifies a predictable fee
886-schedule, the recorder or county clerk shall post a notice in
887-the recorder's or clerk's office at least 2 weeks prior, but
888-not more than 4 weeks prior, to the public meeting at which the
889-ordinance or resolution may be adopted. The notice shall
890-contain the proposed ordinance or resolution number, if any,
891-the proposed document class predictable fees for each
892-classification, and a reference to this Section and this
893-amendatory Act of the 103rd General Assembly. A predictable
894-fee schedule takes effect 60 days after an ordinance or
895-resolution is adopted, unless the fee schedule was previously
896-created and the ordinance or resolution is a modification
897-allowed under this Section.
898-Nothing in this Section precludes a county board from
899-adjusting amounts or allocations within a given document class
900-predictable fee when the document class predictable fee is not
901-increased or precludes an alternate predictable fee schedule
902-for electronic recording within each of the classifications
903-under subsection (c).
904-If the Rental Housing Support Program State surcharge is
905-
906-
907-amended and the surcharge is increased or lowered, the
908-aggregate amount of the document predictable fee attributable
909-to the surcharge in the document may be changed accordingly.
910-If any fee or surcharge is changed by State statute, the county
911-may increase the document class fees by the same amount
912-without any cost study.
913-(c) A predictable fee schedule ordinance or resolution
914-adopted under this Section shall list document fees, including
915-document class predictable fees. The document classes shall be
916-as follows:
917-(1) Deeds. The aggregate fee for recording deeds shall
918-not be less than $31 (being a minimum $13 county fee plus
919-$18 for the Rental Housing Support Program State
920-surcharge). Inclusion of language in the deed as to any
921-restriction; covenant; lien; oil, gas, or other mineral
922-interest; easement; lease; or a mortgage shall not alter
923-the classification of a document as a deed.
924-(2) Leases, lease amendments, and similar transfer of
925-interest documents. The aggregate fee for recording
926-leases, lease amendments, and similar transfers of
927-interest documents shall not be less than $31 (being a
928-minimum $13 county fee plus $18 for the Rental Housing
929-Support Program State surcharge).
930-(3) Mortgages. The aggregate fee for recording
931-mortgages, including assignments, extensions, amendments,
932-subordinations, and mortgage releases shall not be less
933-
934-
935-than $31 (being a minimum $13 county fee plus $18 for the
936-Rental Housing Support Program State surcharge).
937-(4) Easements not otherwise part of another
938-classification. The aggregate fee for recording easements
939-not otherwise part of another classification, including
940-assignments, extensions, amendments, and easement releases
941-not filed by a State agency, unit of local government, or
942-school district, shall not be less than $31 (being a
943-minimum $13 county fee plus $18 for the Rental Housing
944-Support Program State surcharge).
945-(5) Irregular documents. Any document presented that
946-does not conform to the following standards, even if it
947-may qualify for another document class, may be recorded
948-under this document class (5) if the irregularity allows a
949-legible reproduction of the document presented:
950-(A) The document shall consist of one or more
951-individual sheets measuring 8.5 inches by 11 inches,
952-not permanently bound, and not a continuous form.
953-Graphic displays accompanying a document to be
954-recorded that measure up to 11 inches by 17 inches
955-shall be recorded without charging an additional fee.
956-(B) The document shall be legibly printed in black
957-ink by hand, type, or computer. Signatures and dates
958-may be in contrasting colors if they will reproduce
959-clearly.
960-(C) The document shall be on white paper of not
961-
962-
963-less than 20-pound weight and shall have a clean
964-margin of at least one-half inch on the top, the
965-bottom, and each side. Margins may be used only for
966-non-essential notations that will not affect the
967-validity of the document, including, but not limited
968-to, form numbers, page numbers, and customer
969-notations.
970-(D) The first page of the document shall contain a
971-blank space, measuring at least 3 inches by 5 inches,
972-from the upper right corner.
973-(E) The document shall not have any attachment
974-stapled or otherwise affixed to any page.
975-The aggregate fee for recording an irregular document
976-shall not be less than $31 (being a minimum $13 county fee
977-plus $18 for the Rental Housing Support Program State
978-surcharge).
979-(6) Blanket recordings. For any document that makes
980-specific reference to more than 5 tax parcels or property
981-identification numbers, or makes reference to 5 or more
982-document numbers, the aggregate fee shall be not less than
983-$31 (being a minimum $13 county fee plus $18 for the Rental
984-Housing Support Program State surcharge). A county may
985-adopt by ordinance and publish with its fee schedule an
986-additional fee or formula for each parcel, property
987-identification number, or document reference, above 5,
988-contained in an accepted document.
989-
990-
991-(7) Miscellaneous. The aggregate fee for recording
992-documents not otherwise falling within classifications
993-under paragraphs (1) through (6) and are not otherwise
994-exempted documents shall not be less than $31 (being a
995-minimum $13 county fee plus $18 for the Rental Housing
996-Support Program State surcharge).
997-(d) For recording maps or plats of additions,
998-subdivisions, or otherwise (including the spreading of the
999-same of record in well bound books), $100 plus $2 for each
1000-tract, parcel, or lot contained in the map or plat.
1001-(e) Documents presented that meet the following criteria
1002-shall be charged as otherwise provided by law or ordinance:
1003-(1) a document recorded pursuant to the Uniform
1004-Commercial Code; or
1005-(2) a State lien or a federal lien.
1006-Notwithstanding any other provision in this Section: (i)
1007-the maximum fee that may be collected from the Department of
1008-Revenue for filing or indexing a lien, certificate of lien
1009-release or subordination, or any other type of notice or other
1010-documentation affecting or concerning a lien is $5; and (ii)
1011-the maximum fee that may be collected from the Department of
1012-Revenue for indexing each additional name in excess of one for
1013-any lien, certificate of lien release or subordination, or any
1014-other type of notice or other documentation affecting or
1015-concerning a lien is $1.
1016-(f) For recording any document that affects an interest in
1017-
1018-
1019-real property, other than documents which solely affect or
1020-relate to an easement for water, sewer, electricity, gas,
1021-telephone, or other public service, the recorder shall charge
1022-a minimum fee of $1 per document to all filers of documents not
1023-filed by any State agency, any unit of local government, or any
1024-school district. Half of the fee shall be deposited into the
1025-county general revenue fund. The remaining half shall be
1026-deposited into the County Recorder Document Storage System
1027-Fund and may not be appropriated or expended for any other
1028-purpose. The additional amounts available to the recorder for
1029-expenditure from the County Recorder Document Storage System
1030-Fund shall not offset or reduce any other county
1031-appropriations or funding for the office of the recorder.
1032-(g) For certified and non-certified copies of records, the
1033-recorder and county may set a predictable fee for all copies
1034-that does not exceed the highest total recording fee in any
1035-established document classes, unless the copy fee is otherwise
1036-provided in statute or ordinance. The total fee for a
1037-certified copy of a map or plat of an addition, subdivision, or
1038-otherwise may not exceed $200.
1039-The fees allowed under this subsection apply to all
1040-records, regardless of when they were recorded, based on
1041-current recording fees. These predictable fees for certified
1042-and non-certified copies shall apply to portions of documents
1043-and to copies provided in any format, including paper,
1044-microfilm, or electronic. A county may adopt a per-line
1045-
1046-
1047-pricing structure for copies of information in database
1048-format.
1049-(h) As provided under subsection (c), the recorder shall
1050-collect an $18 Rental Housing Support Program State surcharge
1051-for the recordation of any real estate-related document.
1052-Payment of the Rental Housing Support Program State surcharge
1053-shall be evidenced by a receipt that shall be marked upon or
1054-otherwise affixed to the real estate-related document by the
1055-recorder. The form of this receipt shall be prescribed by the
1056-Department of Revenue and the receipts shall be issued by the
1057-Department of Revenue to each county recorder.
1058-The recorder shall not collect the Rental Housing Support
1059-Program State surcharge from any State agency, unit of local
1060-government, or school district.
1061-On the 15th day of each month, each county recorder shall
1062-report to the Department of Revenue, on a form prescribed by
1063-the Department, the number of real estate-related documents
1064-recorded for which the Rental Housing Support Program State
1065-surcharge was collected. Each recorder shall submit $18 of
1066-each surcharge collected in the preceding month to the
1067-Department of Revenue and the Department shall deposit these
1068-amounts in the Rental Housing Support Program Fund. Subject to
1069-appropriation, amounts in the Fund may be expended only for
1070-the purpose of funding and administering the Rental Housing
1071-Support Program.
1072-As used in this subsection, "real estate-related document"
1073-
1074-
1075-means that term as it is defined in Section 7 of the Rental
1076-Housing Support Program Act.
1077-(55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
1078-Sec. 3-5019. Monthly list of conveyances. Immediately
1079-following each calendar month, the recorder, in counties with
1080-less than 1,000,000 inhabitants shall, upon their request,
1081-transmit copies of all documents, plats and deeds conveying
1082-real property to the county clerk, the county treasurer, the
1083-tax map department, the supervisor of assessments and the
1084-township assessor for which the office he shall be paid by the
1085-county the usual and customary fee charged by the recorder for
1086-furnishing such documents.
1087-(Source: P.A. 86-962.)
1088-(55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
1089-Sec. 3-5020. Information to accompany conveyance
1090-documents.
1091-(a) In counties of the first and second class no recorder
1092-shall record any conveyance of real estate unless the
1093-conveyance contains the name and address of the grantee for
1094-tax billing purposes.
1095-(b) In counties with 3,000,000 or more inhabitants, the
1096-county recorder shall not accept for filing any deed or
1097-assignment of beneficial interest in a land trust in a
1098-transaction which is exempt from filing a real estate transfer
1099-
1100-
1101-declaration under the provisions of Section 4 of the Real
1102-Estate Transfer Tax Act, unless the deed or assignment of a
1103-beneficial interest is accompanied by,
1104-(1) a sworn or affirmed statement executed by the
1105-grantor or the grantor's his agent stating that, to the
1106-best of the grantor's or the grantor's agent's his
1107-knowledge, the name of the grantee shown on the deed or
1108-assignment of beneficial interest in a land trust is
1109-either a natural person, an Illinois Corporation or
1110-foreign corporation authorized to do business or acquire
1111-and hold title to real estate in Illinois, a partnership
1112-authorized to do business or acquire and hold title to
1113-real estate in Illinois, or other entity recognized as a
1114-person and authorized to do business or acquire and hold
1115-title to real estate under the laws of the State of
1116-Illinois, and
1117-(2) a sworn or affirmed statement executed by the
1118-grantee or the grantee's his agent verifying that the name
1119-of the grantee shown on the deed or assignment of
1120-beneficial interest in a land trust is either a natural
1121-person, an Illinois corporation or foreign corporation
1122-authorized to do business or acquire and hold title to
1123-real estate in Illinois, a partnership authorized to do
1124-business or acquire and hold title to real estate in
1125-Illinois, or other entity recognized as a person and
1126-authorized to do business or acquire and hold title to
1127-
1128-
1129-real estate under the laws of the State of Illinois. Any
1130-person who knowingly submits a false statement required
1131-under this Section concerning the identity of a grantee is
1132-guilty of a Class C misdemeanor. A second or subsequent
1133-conviction of such offense is a Class A misdemeanor.
1134-(c) In the event that the document of conveyance is a
1135-trustee's deed issued under resignation by a land trustee, the
1136-statements pursuant to paragraphs (1) and (2) of subsection
1137-(b) shall not be required, but the trustee's deed shall
1138-instead be accompanied by a sworn or affirmed statement
1139-executed by the grantor land trustee stating that the
1140-trustee's deed has been issued pursuant to resignation by the
1141-trustee, and that the name of the grantee shown on the
1142-trustee's deed is the name of the beneficiary of the trust as
1143-the trustee's his name appears in the trust files as of the
1144-date of resignation.
1145-(Source: P.A. 86-962; 87-543; 87-1236.)
1146-(55 ILCS 5/3-5020.5)
1147-Sec. 3-5020.5. Information concerning recorded or filed
1148-instruments. Each instrument recorded or filed with the
1149-county recorder must contain the following:
1150-(1) The name and address of the person to whom the
1151-instrument is to be returned.
1152-(2) The recorder's document number of any instrument (i)
1153-referred to in the instrument being recorded or filed or (ii)
1154-
1155-
1156-relating to the instrument being recorded or filed, such as,
1157-without limitation, the recorder's document number of a
1158-mortgage when the instrument being recorded or filed is a
1159-release of that mortgage.
1160-(3) The book and page number, if applicable, or document
1161-number of any instrument (i) referred to in the instrument
1162-being recorded or filed or (ii) relating to the instrument
1163-being recorded or filed.
1164-(Source: P.A. 88-691, eff. 1-24-95.)
1165-(55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
1166-Sec. 3-5021. Recording or registering instruments
1167-transferring title to real estate or a beneficial interest in
1168-real estate subject to a land trust. If any home rule
1169-municipality has levied a real estate transfer tax and a
1170-certified copy of the ordinance or resolution levying the tax,
1171-specifying the rates and the design and denomination of stamps
1172-evidencing payment thereof, has been on file with the county
1173-recorder for at least 30 days, the recorder of that county may
1174-not accept for recording or for registration under "An Act
1175-concerning land titles", approved May 1, 1897, as amended, any
1176-instrument transferring title to real estate in that
1177-municipality, or the beneficial interest in real estate in
1178-that municipality which is the subject of a land trust, for
1179-which revenue stamps are required to be purchased under the
1180-"Real Estate Transfer Tax Act", approved July 17, 1967, as
1181-
1182-
1183-amended, without proof of payment of the municipal real estate
1184-transfer tax.
1185-(Source: P.A. 86-962.)
1186-(55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
1187-Sec. 3-5024. Certificate of time of filing. When any
1188-instrument in writing is recorded in the recorder's office,
1189-the recorder shall indorse upon such instrument a certificate
1190-of the time (including the hour of the day) when the same was
1191-received for recordation (which shall be considered the time
1192-of recording the same), and the book and page or document
1193-number by and in which the same is recorded. The recorder shall
1194-sign the certificate or shall affix the recorder's his
1195-facsimile signature thereto. A physical or electronic image of
1196-the recorder's stamp satisfies the signature requirement for
1197-recorded instruments prior to, on, and after the effective
1198-date of this amendatory Act of the 102nd General Assembly.
1199-The certificate, when signed by the recorder, or to which
1200-the recorder he has affixed the recorder's his facsimile
1201-signature or a physical or electronic image of the recorder's
1202-stamp, shall be evidence of the facts therein stated.
1203-(Source: P.A. 102-838, eff. 5-13-22.)
1204-(55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
1205-Sec. 3-5025. Books. Every recorder shall keep the
1206-following books or computer databases:
1207-
1208-
1209-1. An entry book, in which the recorder he or she
1210-shall, immediately on the receipt of any instrument to be
1211-recorded or filed, enter, in the order of its reception,
1212-the names of the parties thereto, its date, the day of the
1213-month, hour and year of receiving the same, and a brief
1214-description of the premises, indorsing upon each
1215-instrument a number corresponding with the number of such
1216-entry.
1217-2. A grantor's index, in which shall be entered the
1218-name of each grantor, in alphabetical order, the name of
1219-the grantee, date of the instrument, time of receipt, kind
1220-of instrument, consideration, the book and page in which
1221-it is recorded, or the number under which it is filed, and
1222-a brief description of the premises.
1223-3. A grantee's index, in which shall be entered the
1224-name of each grantee, in alphabetical order, the name of
1225-the grantor, date of the instrument, time of receipt, kind
1226-of instrument, consideration, the book and page in which
1227-it is recorded, or the number under which it is filed, and
1228-a brief description of the premises.
1229-4. An index to each book or computer database of
1230-record, in which shall be entered, in alphabetical order,
1231-the name of each grantor and grantee, and the page number
1232-in which or reference number to which the instrument is
1233-recorded.
1234-5. When required by the county board, an abstract
1235-
1236-
1237-book, which shall show by tracts every conveyance or
1238-incumbrance recorded, the date of the instrument, time of
1239-filing the same, the book and page where the same is
1240-recorded; which book shall be so kept as to show a true
1241-chain of title to each tract and the incumbrances thereon,
1242-as shown by the records of the his office.
1243-6. An index to recorded maps, plats and subdivisions,
1244-such index to be made by description of land mapped, or
1245-subdivided by range, township, Section, quarter-section,
1246-etc.
1247-7. An index showing in alphabetical order the names of
1248-the parties against whom judgments have been rendered or
1249-made and transcripts or memoranda of such judgments have
1250-been recorded, and the parties named in notices recorded
1251-pursuant to Section 1 of "An Act concerning constructive
1252-notice of condemnation proceedings, proceedings to sell
1253-real property of decedents to pay debts, or other suits
1254-seeking equitable relief involving real property, and
1255-proceedings in bankruptcy" approved June 11, 1917, as
1256-amended.
1257-8. An index of all ordinances, petitions, assessment
1258-rolls, orders, judgments or other documents filed or
1259-recorded in respect of any drainage or special assessment
1260-matter sufficient to enable the public to identify all
1261-tracts involved therein and to locate all the documents
1262-which have been filed or recorded. The recorder may
1263-
1264-
1265-solicit the assistance of the State Records Commission in
1266-organizing and indexing these documents.
1267-Any recorder may install or contract for the use of a
1268-computerized system that will permit automated entry and
1269-indexing, alphabetically by document, of instruments filed in
1270-the his or her office and that will provide both quick search
1271-and retrieval of such entries and hard copy print output,
1272-whether on paper, optical disk media, or microfilm, of such
1273-entries as indexed. If such a computerized system has been in
1274-use in the his or her office for at least 6 months and the
1275-recorder determines that it provides accurate and reliable
1276-indices that may be stored as permanent records, more quickly
1277-and efficiently than the system previously used, the recorder
1278-may thereafter discontinue the use of the manual system and
1279-use only the computerized system for such indices. In that
1280-event, references in this Division to books, records or forms
1281-as relate to such indices are intended to encompass and refer
1282-to the computer system and all materials and forms directly
1283-related to that system and its proper use.
1284-This Section is subject to the Local Records Act.
1285-(Source: P.A. 88-661, eff. 9-16-94.)
1286-(55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
1287-Sec. 3-5029. Map, plat or subdivision of land; penalty. No
1288-person shall offer or present for recording or record any map,
1289-plat or subdivision of land situated in any incorporated city,
1290-
1291-
1292-town or village, nor within 1 1/2 miles of the corporate limits
1293-of any incorporated city, town or village which has adopted a
1294-city plan and is exercising the special powers authorized by
1295-Division 12 of Article 11 of the Illinois Municipal Code, as
1296-now or hereafter amended, and not included in any municipality
1297-unless the map, plat or subdivision is under the seal of a
1298-registered Illinois land surveyor and unless it is entitled to
1299-record as provided in Sections 11-15-1 and 11-12-3 of the
1300-Illinois Municipal Code, as now or hereafter amended. Any map,
1301-plat or subdivision of land presented for recording shall have
1302-attached thereto or endorsed thereon the Certificate of an
1303-Illinois Registered Land Surveyor that the land is or is not
1304-within any incorporated city, town or village, nor within 1
1305-1/2 miles of the corporate limits of any incorporated city,
1306-town or village which has adopted a city plan and is exercising
1307-the special powers authorized by Division 12 of Article 11 of
1308-the Illinois Municipal Code, as now or hereafter amended, and
1309-not included in any municipality. No person shall offer or
1310-present for recording or record any subdivision plat of any
1311-lands bordering on or including any public waters of the State
1312-in which the State of Illinois has any property rights or
1313-property interests, unless such subdivision plat is under the
1314-seal of a registered Illinois Land Surveyor and is approved by
1315-the Department of Natural Resources, nor shall any person
1316-offer or present for recording or record any map, plat or
1317-subdivision of lands, without indicating whether any part of
1318-
1319-
1320-which as shown on the map, plat or subdivision is located
1321-within a special flood hazard area as identified by the
1322-Federal Emergency Management Agency nor shall any person offer
1323-or present for recording or record any map, plat or
1324-subdivision of land situated outside any incorporated city,
1325-town or village unless the map, plat or subdivision is under
1326-the seal of a registered Illinois land surveyor, and unless it
1327-is entitled to record as provided in Section 5-1045, however,
1328-the provisions of this Section shall not apply to any street or
1329-highway survey map or plat. Any person who records, or who
1330-offers or presents for recording, which offer or presentation
1331-results in a recording of, any map, plat or subdivision of land
1332-which the person he knows to be in violation of this Section
1333-shall pay to the county the sum of $1,000 $200, to be recovered
1334-in the circuit court, in the name of the state, for the use of
1335-the county, with costs of suit.
1336-(Source: P.A. 89-445, eff. 2-7-96.)
1337-(55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
1338-Sec. 3-5031. Penalty. If any recorder shall willfully fail
1339-to perform any duty imposed upon the recorder him by this
1340-Division, the recorder he shall be guilty of malfeasance in
1341-office, and shall be punished accordingly, and shall be liable
1342-to the party injured for all damages occasioned thereby.
1343-(Source: P.A. 95-877, eff. 1-1-09.)
1344-
1345-
1346-(55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
1347-Sec. 3-5033. County to furnish books, equipment and
1348-supplies. The county board of each county shall from time to
1349-time, as may be necessary, provide the recorder of such county
1350-with well-bound and properly ruled books, and where
1351-photostating, optical disk storage, or microfilming is used,
1352-the recorder shall likewise be furnished all such equipment
1353-(such as computers, printers, and scanners) and supplies
1354-necessary to the execution of the duties of the his office.
1355-They may procure books of printed forms to be filled up in the
1356-recording of any instrument, when the same may be done without
1357-interlineation or erasure, and shall in all cases, when
1358-practicable, procure the necessary index and abstract books
1359-with printed headings. The cost of such books, equipment and
1360-supplies shall be chargeable against the surplus fees of the
1361-office, or paid by the county.
1362-(Source: P.A. 88-661, eff. 9-16-94.)
1363-(55 ILCS 5/3-5036.5)
1364-Sec. 3-5036.5. Exchange of information for child support
1365-enforcement.
1366-(a) The recorder Recorder shall exchange with the
1367-Department of Healthcare and Family Services information that
1368-may be necessary for the enforcement of child support orders
1369-entered pursuant to the Illinois Public Aid Code, the Illinois
1370-Marriage and Dissolution of Marriage Act, the Non-Support of
1371-
1372-
1373-Spouse and Children Act, the Non-Support Punishment Act, the
1374-Revised Uniform Reciprocal Enforcement of Support Act, the
1375-Uniform Interstate Family Support Act, the Illinois Parentage
1376-Act of 1984, or the Illinois Parentage Act of 2015.
1377-(b) Notwithstanding any provisions in this Code to the
1378-contrary, the recorder Recorder shall not be liable to any
1379-person for any disclosure of information to the Department of
1380-Healthcare and Family Services (formerly Illinois Department
1381-of Public Aid) under subsection (a) or for any other action
1382-taken in good faith to comply with the requirements of
1383-subsection (a).
1384-(Source: P.A. 99-85, eff. 1-1-16.)
1385-(55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
1386-Sec. 3-5037. Instruments to be re-recorded; fee; penalty.
1387-In all cases where the records of any county have been or shall
1388-hereafter be destroyed by fire or other casualty, it shall be
1389-the duty of the recorder of such county to re-record all deeds,
1390-mortgages or other instruments in writing which may have been
1391-recorded or filed for record prior to the destruction of such
1392-records, together with the certificates of such original
1393-recording, that may be filed in the his office for
1394-re-recording; and the recorder may charge and receive, as a
1395-fee for re-recording such deeds, mortgages and other
1396-instruments aforesaid, and the certificate of such recording,
1397-5 for each 100 words or fractions thereof, and no more; and
1398-
1399-
1400-any recorder who shall charge a greater fee than the
1401-foregoing, or who shall refuse to re-record such instruments
1402-in writing, for the fee aforesaid, shall be deemed guilty of
1403-malfeasance in office, and subject to all the penalties
1404-prescribed by law for such offense.
1405-(Source: P.A. 86-962.)
1406-(55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
1407-Sec. 3-5038. Judgment dockets. In all counties where a
1408-recorder is elected in which the recorder has heretofore been,
1409-or shall hereafter be required by the county board to keep
1410-abstract books showing by tract every conveyance or
1411-incumbrance recorded, the date of the instrument, the time of
1412-filing same, the book and page where the same is recorded, and
1413-showing a true chain of title to each tract and the
1414-incumbrances thereon, as shown by the records of the his
1415-office, such recorder shall and he is hereby authorized to
1416-keep judgment dockets and indexes thereto, showing all
1417-judicial proceedings affecting title to real estate in such
1418-county, tax sale books with indexes thereto, showing sales or
1419-forfeitures of all lands in the county for unpaid taxes and
1420-assessments, and such other books as are usual or necessary to
1421-be kept for the purpose of making complete abstracts of title
1422-to real estate; and the county board shall furnish such
1423-recorder with the necessary rooms, books, stationery, fuel and
1424-lights for the purposes herein set forth: Provided, that
1425-
1426-
1427-nothing in this Division shall be construed to empower the
1428-recorder to prevent the public from examining and taking
1429-memoranda from all records and instruments filed for record,
1430-indexes and other books in the recorder's his official
1431-custody, but it shall be the recorder's his duty at all times,
1432-when the his office is or is required by law to be open, to
1433-allow all persons without fee or reward to examine and take
1434-memoranda from the same. This Section is subject to the
1435-provisions of the "The Local Records Act".
1436-(Source: P.A. 86-962.)
1437-(55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
1438-Sec. 3-5045. Scope of liability in connection with Uniform
1439-Commercial Code. No recorder nor any of the recorder's his
1440-employees or agents shall be subject to personal liability by
1441-reason of any error or omission in the performance of any duty
1442-under Article 9 of the Uniform Commercial Code except in case
1443-of willful wilful negligence.
1444-(Source: P.A. 86-962.)
1445-(55 ILCS 5/4-12002.3 new)
1446-Sec. 4-12002.3. Predictable fee schedule for recordings in
1447-third class counties.
1448-(a) The fees of the recorder in counties of the third class
1449-for recording deeds or other instruments in writing and maps
1450-of plats of additions, subdivisions, or otherwise and for
1451-
1452-
1453-certifying copies of records shall be paid in advance and
1454-shall conform to this Section. The fees or surcharges shall
1455-not, unless otherwise provided in this Section, be based on
1456-the individual attributes of a document to be recorded,
1457-including, but not limited to, page count; number, length, or
1458-type of legal descriptions; number of tax identification or
1459-other parcel-identifying code numbers; number of common
1460-addresses; number of references contained as to other recorded
1461-documents or document numbers; or any other individual
1462-attribute of the document. The fees charged under this Section
1463-shall be inclusive of all county and State fees that the county
1464-may elect or is required to impose or adjust, including, but
1465-not limited to, GIS fees, automation fees, document storage
1466-fees, and the Rental Housing Support Program State and county
1467-surcharges.
1468-(b) A county of the third class shall adopt and implement,
1469-by ordinance or resolution, a predictable fee schedule as
1470-provided in subsection (c) that eliminates surcharges or fees
1471-based on the individual attributes of a document to be
1472-recorded. If a county has previously adopted an ordinance or
1473-resolution adopting a predictable fee schedule, the county
1474-must adopt an ordinance or resolution revising that
1475-predictable fee schedule to be consistent with this Section.
1476-After a document class predictable fee is approved by a county
1477-board consistent with this Section, the county board may, by
1478-ordinance or resolution, increase the document class
1479-
1480-
1481-predictable fee and collect the increased fees if the
1482-established fees are not sufficient to cover the costs of
1483-providing the services related to the document class for which
1484-the fee is to be increased.
1485-For the purposes of the fee charged, the ordinance or
1486-resolution shall divide documents into the classifications
1487-specified in subsection (c), and shall establish a single,
1488-all-inclusive county and State-imposed aggregate predictable
1489-fee charged for each classification of document at the time of
1490-recording for that document. Each document, unless otherwise
1491-provided in this Section, shall fall within one of the
1492-document class predictable fee classifications set by
1493-subsection (c), and fees for each document class shall be
1494-charged only as allowed by this Section.
1495-Before approval of an ordinance or resolution under this
1496-subsection that creates or modifies a predictable fee
1497-schedule, the recorder or county clerk shall post a notice in
1498-the recorder's or clerk's office at least 2 weeks prior, but
1499-not more than 4 weeks prior, to the public meeting at which the
1500-ordinance or resolution may be adopted. The notice shall
1501-contain the proposed ordinance or resolution number, if any,
1502-the proposed document class predictable fees for each
1503-classification, and a reference to this Section and this
1504-amendatory Act of the 103rd General Assembly. A predictable
1505-fee schedule takes effect 60 days after an ordinance or
1506-resolution is adopted, unless the fee schedule was previously
1507-
1508-
1509-created and the ordinance or resolution is a modification
1510-allowed under this Section.
1511-Nothing in this Section precludes a county board from
1512-adjusting amounts or allocations within a given document class
1513-predictable fee when the document class predictable fee is not
1514-increased or precludes an alternate predictable fee schedule
1515-for electronic recording within each of the classifications
1516-under subsection (c).
1517-If the Rental Housing Support Program State surcharge is
1518-amended and the surcharge is increased or lowered, the
1519-aggregate amount of the document predictable fee attributable
1520-to the surcharge in the document may be changed accordingly.
1521-If any fee or surcharge is changed by State statute, the county
1522-may increase the document class fees by the same amount
1523-without any cost study.
1524-(c) A predictable fee schedule ordinance or resolution
1525-adopted under this Section shall list document fees, including
1526-document class predictable fees. The document classes shall be
1527-as follows:
1528-(1) Deeds. The aggregate fee for recording deeds shall
1529-not be less than $39 (being a minimum $21 county fee plus
1530-$18 for the Rental Housing Support Program State
1531-surcharge). Inclusion of language in the deed as to any
1532-restriction; covenant; lien; oil, gas, or other mineral
1533-interest; easement; lease; or a mortgage shall not alter
1534-the classification of a document as a deed.
1535-
1536-
1537-(2) Leases, lease amendments, and similar transfer of
1538-interest documents. The aggregate fee for recording
1539-leases, lease amendments, and similar transfers of
1540-interest documents shall not be less than $39 (being a
1541-minimum $21 county fee plus $18 for the Rental Housing
1542-Support Program State surcharge).
1543-(3) Mortgages. The aggregate fee for recording
1544-mortgages, including assignments, extensions, amendments,
1545-subordinations, and mortgage releases shall not be less
1546-than $39 (being a minimum $21 county fee plus $18 for the
1547-Rental Housing Support Program State surcharge).
1548-(4) Easements not otherwise part of another
1549-classification. The aggregate fee for recording easements
1550-not otherwise part of another classification, including
1551-assignments, extensions, amendments, and easement releases
1552-not filed by a State agency, unit of local government, or
1553-school district, shall not be less than $39 (being a
1554-minimum $21 county fee plus $18 for the Rental Housing
1555-Support Program State surcharge).
1556-(5) Irregular documents. Any document presented that
1557-does not conform to the following standards, even if it
1558-may qualify for another document class, may be recorded
1559-under this document class (5) if the irregularity allows a
1560-legible reproduction of the document presented:
1561-(A) The document shall consist of one or more
1562-individual sheets measuring 8.5 inches by 11 inches,
1563-
1564-
1565-not permanently bound, and not a continuous form.
1566-Graphic displays accompanying a document to be
1567-recorded that measure up to 11 inches by 17 inches
1568-shall be recorded without charging an additional fee.
1569-(B) The document shall be legibly printed in black
1570-ink by hand, type, or computer. Signatures and dates
1571-may be in contrasting colors if they will reproduce
1572-clearly.
1573-(C) The document shall be on white paper of not
1574-less than 20-pound weight and shall have a clean
1575-margin of at least one-half inch on the top, the
1576-bottom, and each side. Margins may be used only for
1577-non-essential notations that will not affect the
1578-validity of the document, including, but not limited
1579-to, form numbers, page numbers, and customer
1580-notations.
1581-(D) The first page of the document shall contain a
1582-blank space, measuring at least 3 inches by 5 inches,
1583-from the upper right corner.
1584-(E) The document shall not have any attachment
1585-stapled or otherwise affixed to any page.
1586-The aggregate fee for recording an irregular document
1587-shall not be less than $39 (being a minimum $21 county fee
1588-plus $18 for the Rental Housing Support Program State
1589-surcharge).
1590-(6) Blanket recordings. For any document that makes
1591-
1592-
1593-specific reference to more than 5 tax parcels or property
1594-identification numbers, or makes reference to 5 or more
1595-document numbers, the aggregate fee shall be not less than
1596-$39 (being a minimum $21 county fee plus $18 for the Rental
1597-Housing Support Program State surcharge). A county may
1598-adopt by ordinance and publish with its fee schedule an
1599-additional fee or formula for each parcel, property
1600-identification number, or document reference, above 5,
1601-contained in an accepted document.
1602-(7) Miscellaneous. The aggregate fee for recording
1603-documents not otherwise falling within classifications
1604-under paragraphs (1) through (6) and are not otherwise
1605-exempted documents shall not be less than $39 (being a
1606-minimum $21 county fee plus $18 for the Rental Housing
1607-Support Program State surcharge).
1608-(d) For recording maps or plats of additions,
1609-subdivisions, or otherwise (including the spreading of the
1610-same of record in well bound books), $100 plus $2 for each
1611-tract, parcel, or lot contained in the map or plat.
1612-(e) Documents presented that meet the following criteria
1613-shall be charged as otherwise provided by law or ordinance:
1614-(1) a document recorded pursuant to the Uniform
1615-Commercial Code; or
1616-(2) a State lien or a federal lien.
1617-Notwithstanding any other provision in this Section: (i)
1618-the maximum fee that may be collected from the Department of
1619-
1620-
1621-Revenue for filing or indexing a lien, certificate of lien
1622-release or subordination, or any other type of notice or other
1623-documentation affecting or concerning a lien is $5; and (ii)
1624-the maximum fee that may be collected from the Department of
1625-Revenue for indexing each additional name in excess of one for
1626-any lien, certificate of lien release or subordination, or any
1627-other type of notice or other documentation affecting or
1628-concerning a lien is $1.
1629-(f) For recording any document that affects an interest in
1630-real property, other than documents which solely affect or
1631-relate to an easement for water, sewer, electricity, gas,
1632-telephone, or other public service, the recorder shall charge
1633-a minimum fee of $1 per document to all filers of documents not
1634-filed by any State agency, any unit of local government, or any
1635-school district. Half of the fee shall be deposited into the
1636-county general revenue fund. The remaining half shall be
1637-deposited into the County Recorder Document Storage System
1638-Fund and may not be appropriated or expended for any other
1639-purpose. The additional amounts available to the recorder for
1640-expenditure from the County Recorder Document Storage System
1641-Fund shall not offset or reduce any other county
1642-appropriations or funding for the office of the recorder.
1643-(g) For certified and non-certified copies of records, the
1644-recorder and county may set a predictable fee for all copies
1645-that does not exceed the highest total recording fee in any
1646-established document classes, unless the copy fee is otherwise
1647-
1648-
1649-provided in statute or ordinance. The total fee for a
1650-certified copy of a map or plat of an addition, subdivision, or
1651-otherwise may not exceed $200.
1652-The fees allowed under this subsection apply to all
1653-records, regardless of when they were recorded, based on
1654-current recording fees. These predictable fees for certified
1655-and non-certified copies shall apply to portions of documents
1656-and to copies provided in any format, including paper,
1657-microfilm, or electronic. A county may adopt a per-line
1658-pricing structure for copies of information in database
1659-format.
1660-(h) As provided under subsection (c), the recorder shall
1661-collect an $18 Rental Housing Support Program State surcharge
1662-for the recordation of any real estate-related document.
1663-Payment of the Rental Housing Support Program State surcharge
1664-shall be evidenced by a receipt that shall be marked upon or
1665-otherwise affixed to the real estate-related document by the
1666-recorder. The form of this receipt shall be prescribed by the
1667-Department of Revenue and the receipts shall be issued by the
1668-Department of Revenue to each county recorder.
1669-The recorder shall not collect the Rental Housing Support
1670-Program State surcharge from any State agency, unit of local
1671-government, or school district.
1672-On the 15th day of each month, each county recorder shall
1673-report to the Department of Revenue, on a form prescribed by
1674-the Department, the number of real estate-related documents
1675-
1676-
1677-recorded for which the Rental Housing Support Program State
1678-surcharge was collected. Each recorder shall submit $18 of
1679-each surcharge collected in the preceding month to the
1680-Department of Revenue and the Department shall deposit these
1681-amounts in the Rental Housing Support Program Fund. Subject to
1682-appropriation, amounts in the Fund may be expended only for
1683-the purpose of funding and administering the Rental Housing
1684-Support Program.
1685-As used in this subsection, "real estate-related document"
1686-means that term as it is defined in Section 7 of the Rental
1687-Housing Support Program Act.
1688-(55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
1689-Sec. 4-12003. Fees of county clerk in third class
1690-counties. The fees of the county clerk in counties of the third
1691-class are:
1692-For issuing each civil union or marriage license, sealing,
1693-filing and recording the same and the certificate thereto (one
1694-charge), a fee to be determined by the county board of the
1695-county, not to exceed $75, which shall be the same, whether for
1696-a civil union or marriage license. $5 from all civil union and
1697-marriage license fees shall be remitted by the clerk to the
1698-State Treasurer for deposit into the Domestic Violence Fund.
1699-For taking, certifying to and sealing the acknowledgment
1700-of a deed, power of attorney, or other writing, $1.
1701-For filing and entering certificates in case of estrays,
1702-
1703-
1704-and furnishing notices for publication thereof (one charge),
1705-$1.50.
1706-For recording all papers and documents required by law to
1707-be recorded in the office of the county clerk, $2 plus 30 for
1708-every 100 words in excess of 600 words.
1709-For certificate and seal, not in a case in a court whereof
1710-he is clerk, $1.
1711-For making and certifying a copy of any record or paper in
1712-his office, $2 for every page.
1713-For filing papers in his office, 50 for each paper filed,
1714-except that no fee shall be charged for filing a Statement of
1715-economic interest pursuant to the Illinois Governmental Ethics
1716-Act or reports made pursuant to Article 9 of The Election Code.
1717-For making transcript of taxable property for the
1718-assessors, 8 for each tract of land or town lot. For extending
1719-other than State and county taxes, 8 for each tax on each
1720-tract or lot, and 8 for each person's personal tax, to be paid
1721-by the authority for whose benefit the transcript is made and
1722-the taxes extended. The county clerk shall certify to the
1723-county collector the amount due from each authority for such
1724-services and the collector in his settlement with such
1725-authority shall reserve such amount from the amount payable by
1726-him to such authority.
1727-For adding and bringing forward with current tax warrants
1728-amounts due for forfeited or withdrawn special assessments, 8
1729-for each lot or tract of land described and transcribed.
1730-
1731-
1732-For computing and extending each assessment or installment
1733-thereof and interest, 8 on each description; and for
1734-computing and extending each penalty, 8 on each description.
1735-These fees shall be paid by the city, village, or taxing body
1736-for whose benefit the transcript is made and the assessment
1737-and penalties are extended. The county clerk shall certify to
1738-the county collector the amount due from each city, village or
1739-taxing body, for such services, and the collector in his
1740-settlement with such taxing body shall reserve such amount
1741-from the amount payable by him to such city, village or other
1742-taxing body.
1743-For cancelling certificates of sale, $4 for each tract or
1744-lot.
1745-For making search and report of general taxes and special
1746-assessments for use in the preparation of estimate of cost of
1747-redemption from sales or forfeitures or withdrawals or for use
1748-in the preparation of estimate of cost of purchase of
1749-forfeited property, or for use in preparation of order on the
1750-county collector for searches requested by buyers at annual
1751-tax sale, for each lot or tract, $4 for the first year
1752-searched, and $2 for each additional year or fraction thereof.
1753-For preparing from tax search report estimate of cost of
1754-redemption concerning property sold, forfeited or withdrawn
1755-for non-payment of general taxes and special assessments, if
1756-any, $1 for each lot or tract.
1757-For certificate of deposit for redemption, $4.
1758-
1759-
1760-For preparing from tax search report estimate of and order
1761-to county collector to receive amount necessary to redeem or
1762-purchase lands or lots forfeited for non-payment of general
1763-taxes, $3 for each lot or tract.
1764-For preparing from tax search report estimate of and order
1765-to county collector to receive amount necessary to redeem or
1766-purchase lands or lots forfeited for non-payment of special
1767-assessments, $4 for each lot or tract.
1768-For issuing certificate of sale of forfeited property,
1769-$10.
1770-For noting on collector's warrants tax sales subject to
1771-redemption, 20 for each tract or lot of land, to be paid by
1772-either the person making the redemption from tax sale, the
1773-person surrendering the certificate of sale for cancellation,
1774-or the person taking out tax deed.
1775-For noting on collector's warrant special assessments
1776-withdrawn from collection 20 for each tract or lot of land, to
1777-be charged against the lot assessed in the withdrawn special
1778-assessment when brought forward with current tax or when
1779-redeemed by the county clerk. The county clerk shall certify
1780-to the county collector the amount due from each city, village
1781-or taxing body for such fees, each year, and the county
1782-collector in his settlement with such taxing body shall
1783-reserve such amount from the amount payable by him to such
1784-taxing body.
1785-For taking and approving official bond of a town assessor,
1786-
1787-
1788-filing and recording same, and issuing certificate of election
1789-or qualification to such official or to the Secretary of
1790-State, $10, to be paid by the officer-elect.
1791-For certified copies of plats, 20 for each lot shown in
1792-copy, but no charge less than $4.
1793-For tax search and issuing Statement regarding same on new
1794-plats to be recorded, $10.
1795-For furnishing written description in conformity with
1796-permanent real estate index number, $2 for each written
1797-description.
1798-The following fees shall be allowed for services in
1799-matters of taxes and assessments, and shall be charged as
1800-costs against the delinquent property, and collected with the
1801-taxes thereon:
1802-For entering judgment, 8 for each tract or lot.
1803-For services in attending the tax sale and issuing
1804-certificates of sale and sealing the same, $10 for each tract
1805-or lot.
1806-For making list of delinquent lands and town lots sold, to
1807-be filed with the State Comptroller, 10 for each tract or lot
1808-sold.
1809-The following fees shall be audited and allowed by the
1810-board of county commissioners and paid from the county
1811-treasury.
1812-For computing State or county taxes, on each description
1813-of real estate and each person's, firm's or corporation's
1814-
1815-
1816-personal property tax, for each extension of each tax, 4,
1817-which shall include the transcribing of the collector's books.
1818-For computing, extending and bringing forward, and adding
1819-to the current tax, the amount due for general taxes on lands
1820-and lots previously forfeited to the State, for each extension
1821-of each tax, 4 for the first year, and for computing and
1822-extending the tax and penalty for each additional year, 6.
1823-For making duplicate or triplicate sets of books,
1824-containing transcripts of taxable property, for the board of
1825-assessors and board of review, 3 for each description entered
1826-in each book.
1827-For filing, indexing and recording or binding each birth,
1828-death or stillbirth certificate or report, 15, which fee
1829-shall be in full for all services in connection therewith,
1830-including the keeping of accounts with district registrars.
1831-For posting new subdivisions or plats in official atlases,
1832-25 for each lot.
1833-For compiling new sheets for atlases, 20 for each lot.
1834-For compiling new atlases, including necessary record
1835-searches, 25 for each lot.
1836-For investigating and reporting on each new plat, referred
1837-to county clerk, $2.
1838-For attending sessions of the board of county
1839-commissioners thereof, $5 per day, for each clerk in
1840-attendance.
1841-For recording proceedings of the board of county
1842-
1843-
1844-commissioners, 15 per 100 words.
1845-For filing papers which must be kept in office of
1846-comptroller of Cook County, 10 for each paper filed.
1847-For filing and indexing contracts, bonds, communications,
1848-and other such papers which must be kept in office of
1849-comptroller of Cook County, 15 for each document.
1850-For swearing any person to necessary affidavits relating
1851-to the correctness of claims against the county, 25.
1852-For issuing warrants in payment of salaries, supplies and
1853-other accounts, and all necessary auditing and bookkeeping
1854-work in connection therewith, 10 each.
1855-The fee requirements of this Section do not apply to units
1856-of local government or school districts.
1857-The fees listed in this Section apply only when a county
1858-board has not adjusted them by ordinance or otherwise set by
1859-law.
1860-(Source: P.A. 97-4, eff. 5-31-11.)
1861-(55 ILCS 5/3-5017 rep.)
1862-(55 ILCS 5/3-5018 rep.)
1863-(55 ILCS 5/3-5018.1 rep.)
1864-(55 ILCS 5/4-12002 rep.)
1865-(55 ILCS 5/4-12002.1 rep.)
1866-Section 10. The Counties Code is amended by repealing
1867-Sections 3-5017, 3-5018, 3-5018.1, 4-12002, and 4-12002.1.
1868-Section 99. Effective date. This Act takes effect January
1869-
1870-
1871-1, 2024.
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34+1 adopts a resolution to continue the office of an elected
35+2 recorder.
36+3 (Source: P.A. 86-962; 86-1028.)
37+4 (55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
38+5 Sec. 3-5002. Bond. Every recorder, whether elected as such
39+6 or holding the office of recorder in addition to the office of
40+7 county clerk as hereinbefore provided, shall, before entering
41+8 upon the duties of the his or her office, give bonds (or, if
42+9 the county is self-insured, the county through its
43+10 self-insurance program may provide bonding), with sufficient
44+11 security to be approved by the circuit court, payable to the
45+12 People of the State of Illinois, in the penal sum of $10,000
46+13 (except that in counties having a population of 60,000 or more
47+14 inhabitants the penalty of the bond shall be $20,000),
48+15 conditioned for the faithful discharge of the recorder's his
49+16 or her duties, and to deliver up all papers, books, records and
50+17 other things appertaining to the his or her office, whole,
51+18 safe and undefaced, when lawfully required so to do - which
52+19 bond shall be filed in the office of the Secretary of State,
53+20 and a copy thereof filed of record in the court.
54+21 (Source: P.A. 88-387.)
55+22 (55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
56+23 Sec. 3-5003. Oath. Each recorder, before entering upon the
57+24 duties of the his office, shall take and subscribe to the oath
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68+1 or affirmation prescribed by Section 3, Article XIII of the
69+2 Constitution, which shall be filed with the county clerk.
70+3 (Source: P.A. 86-962.)
71+4 (55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
72+5 Sec. 3-5004. Commencement of duties. The recorder shall
73+6 enter upon the duties of the his office on the first day in the
74+7 month of December following the recorder's his election on
75+8 which the office of the recorder is required, by statute or by
76+9 action of the county board, to be open. The recorder He shall
77+10 be commissioned by the Governor.
78+11 (Source: P.A. 86-962.)
79+12 (55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
80+13 Sec. 3-5005. Functions, powers and duties of recorder. The
81+14 functions and powers of the recorders shall be uniform in the
82+15 various counties of this State. The recorder has those
83+16 functions, powers, and duties as provided in this Division the
84+17 Sections following this Section and preceding Section 3-5006.
85+18 (Source: P.A. 86-962.)
86+19 (55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
87+20 Sec. 3-5005.1. Appointment of deputies, assistants and
88+21 personnel. The recorder shall appoint his deputies,
89+22 assistants, and personnel to assist the recorder him in the
90+23 performance of the recorder's his duties.
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101+1 (Source: P.A. 86-962.)
102+2 (55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
103+3 Sec. 3-5005.2. Internal operations of office. The recorder
104+4 shall have the right to control the internal operations of the
105+5 his office; to procure necessary equipment, materials and
106+6 services to perform the duties of the his office. The recorder
107+7 Recorder shall have the right to select the computer or
108+8 micrographic system to be used for document storage and
109+9 retrieval. The recorder Recorder may retain the services of
110+10 management or consulting firms to establish or maintain such a
111+11 system.
112+12 (Source: P.A. 86-962.)
113+13 (55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3)
114+14 Sec. 3-5005.3. Monthly report of financial status. The
115+15 recorder shall file a monthly report with the county clerk
116+16 summarizing the financial status of the his office in such
117+17 form as shall be determined by the county board.
118+18 (Source: P.A. 86-962.)
119+19 (55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4)
120+20 Sec. 3-5005.4. Deposit of fee income; special funds. The
121+21 recorder shall deposit in the office of the county treasurer
122+22 monthly by the 10th day of the month following, all fee income.
123+23 The recorder may maintain the following special funds from
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134+1 which the county board shall authorize payment by voucher
135+2 between board meetings:
136+3 (a) Overpayments.
137+4 (b) Reasonable amount needed during the succeeding
138+5 accounting period to pay office expenses, postage, freight,
139+6 express or similar charges.
140+7 (c) Excess earnings from the sale of revenue stamps to be
141+8 maintained in a fund to be used for the purchase of additional
142+9 stamps from the Illinois Department of Revenue.
143+10 (d) Fund to pay necessary travel, dues and other expenses
144+11 incurred in attending workshops, educational seminars and
145+12 organizational meetings established for the purpose of
146+13 providing in-service training.
147+14 (e) Trust funds and for such other purposes as may be
148+15 provided for by law.
149+16 (f) Such other funds as may be authorized by the county
150+17 board. The recorder shall make accounting monthly to the
151+18 county board through the county clerk of all special funds
152+19 maintained by the recorder him in the discharge of the
153+20 recorder's his duties.
154+21 (Source: P.A. 86-962.)
155+22 (55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
156+23 Sec. 3-5006. Appointment of deputies in writing.
157+24 Appointments of deputies shall be in writing, and entered upon
158+25 the records of the his office.
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169+1 (Source: P.A. 86-962.)
170+2 (55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007)
171+3 Sec. 3-5007. Oath of deputies. Each deputy shall, before
172+4 entering upon the deputy's duties of his office, take and
173+5 subscribe an oath or affirmation, in like form as is required
174+6 of the recorder, which shall be filed in the office of the
175+7 recorder.
176+8 (Source: P.A. 86-962.)
177+9 (55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
178+10 Sec. 3-5008. Powers of deputies. Deputy recorders duly
179+11 appointed and qualified may perform any and all duties of the
180+12 recorder in the name of the recorder, and the acts of such
181+13 deputies shall be held to be the acts of the recorder, and in
182+14 case of the death of the recorder or the recorder's his
183+15 deposition from office, the chief deputy shall thereupon
184+16 become the acting recorder until such vacancy shall be filled
185+17 according to the The Election Code, and the chief deputy he
186+18 shall file a like bond and be vested with the same powers and
187+19 subject to the same responsibilities and entitled to the same
188+20 compensation as in case of recorder. Provided, that if the
189+21 recorder is called into the active military service of the
190+22 United States, the his office shall not be deemed to be vacant
191+23 during the time the recorder he is in the active military
192+24 service of the United States, but during the time the recorder
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203+1 he is in such active military service of the United States the
204+2 chief deputy recorder shall be the recorder, and shall perform
205+3 and discharge all of the duties of the recorder in such county,
206+4 and shall be paid the same compensation as provided by law for
207+5 the recorder of the county unless compensated at a higher rate
208+6 than the recorder as chief deputy, apportioned as to the time
209+7 of service, and the chief such deputy recorder shall cease to
210+8 be the recorder upon the discharge of said recorder from the
211+9 active military service of the United States; and provided
212+10 further, that the chief deputy recorder, upon becoming the
213+11 temporary recorder during the absence of the recorder in the
214+12 active military service of the United States, shall give bond
215+13 as required of a regularly elected recorder.
216+14 (Source: P.A. 86-962.)
217+15 (55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
218+16 Sec. 3-5009. Recorder liable for deputies. The recorder
219+17 shall be liable for any neglect or omission of the duties of
220+18 the his office, when occasioned by a deputy, in the same manner
221+19 as for the recorder's his own personal neglect or omission.
222+20 (Source: P.A. 86-962.)
223+21 (55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)
224+22 Sec. 3-5010. Duties of recorder. Every recorder shall, as
225+23 soon as practicable after the receipt of any instrument in
226+24 writing in the his office, entitled to be recorded, record the
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237+1 same at length in the order of time of its reception, in well
238+2 bound books or computer databases to be provided for that
239+3 purpose. In counties of 500,000 or more inhabitants, the
240+4 recorder may microphotograph or otherwise reproduce on film
241+5 any of such instruments in the manner provided by law. In
242+6 counties of less than 500,000 inhabitants, the recorder may
243+7 cause to be microphotographed or otherwise reproduced on film
244+8 any of such instruments or electronic method of storage. When
245+9 any such instrument is reproduced on film or electronic method
246+10 of storage, the film or electronic method of storage shall
247+11 comply with the minimum standards of quality approved for
248+12 records of the State Records Commission and the device used to
249+13 reproduce the records on the film or electronic method of
250+14 storage shall be one which accurately reproduces the contents
251+15 of the original.
252+16 (Source: P.A. 97-757, eff. 7-6-12.)
253+17 (55 ILCS 5/3-5010.5)
254+18 Sec. 3-5010.5. Fraud referral and review.
255+19 (a) Legislative findings. The General Assembly finds that
256+20 property fraud, including fraudulent filings intended to cloud
257+21 or fraudulently transfer title to property by recording false
258+22 or altered documents and deeds, is a rapidly growing problem
259+23 throughout the State. In order to combat the increase in the
260+24 number of these filings, a recorder may establish a process to
261+25 review and refer documents suspected to be fraudulent.
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272+1 (b) Definitions. The terms "recording" and "filing" are
273+2 used interchangeably in this Section.
274+3 (c) Establishment and use of a fraud referral and review
275+4 process. A recorder who establishes a fraud referral and
276+5 review process under the provisions of this Section may use it
277+6 to review deeds and instruments and refer any of them to an
278+7 administrative law judge for review pursuant to subsection (g)
279+8 of this Section that cause the recorder to reasonably believe
280+9 that the filing may be fraudulent, unlawfully altered, or
281+10 intended to unlawfully cloud or transfer the title of any real
282+11 property. The recorder may enter into an intergovernmental
283+12 agreement with local law enforcement officials for the
284+13 purposes of this referral and review. A recorder may request
285+14 that the Secretary of the Department of Financial and
286+15 Professional Regulation assist in reviewing possible
287+16 fraudulent filings. Upon request, the Secretary, or the
288+17 Secretary's his or her designee, shall assist in identifying
289+18 the validity of filings. The recorder shall notify the
290+19 Secretary when a document suspected to be fraudulent is
291+20 discovered.
292+21 In counties with a population of less than 3 million, a
293+22 recorder shall provide public notice 90 days before the
294+23 establishment of the fraud referral and review process. The
295+24 notice shall include a statement of the recorder's intent to
296+25 create a fraud referral and review process and shall be
297+26 published in a newspaper of general circulation in the county
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308+1 and, if feasible, posted on the recorder's website and at the
309+2 recorder's office or offices.
310+3 In determining whether to refer a document to an
311+4 administrative law judge for review, a recorder may take into
312+5 consideration any of the following factors:
313+6 (1) whether the owner of the property or owner's his
314+7 or her designated representative has reported to the
315+8 recorder that another individual is attempting or has
316+9 attempted to record a fraudulent deed or other instrument
317+10 upon the property;
318+11 (2) whether a law enforcement official has contacted
319+12 the recorder indicating that the law enforcement official
320+13 he or she has probable cause to suspect title or recording
321+14 fraud;
322+15 (3) whether the filer's name has a copyright attached
323+16 to it or the property owner's name has nonstandard
324+17 punctuation attached to it;
325+18 (4) whether the documents assert fines that do not
326+19 exist or have no basis under current law or that require
327+20 payment in gold or silver;
328+21 (5) whether the documents are maritime liens, or liens
329+22 under the Federal Maritime Lien Act or the Preferred Ship
330+23 Mortgage Act, or not authorized by the United States Coast
331+24 Guard;
332+25 (6) whether the documents are land patents not
333+26 authorized and certified by the United States Department
334+
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343+ SB2227 Enrolled - 11 - LRB103 28861 AWJ 55246 b
344+1 of the Interior Bureau of Land Management;
345+2 (7) whether the documents are representing that the
346+3 subject of the lien is releasing itself from a lien held by
347+4 another entity, with no apparent cooperation or
348+5 authorization provided by the lienholder;
349+6 (8) whether the documents are protesting or disputing
350+7 a foreclosure proceeding that are not filed within the
351+8 foreclosure suit and with the court presiding over the
352+9 matter;
353+10 (9) whether the documents are Uniform Commercial Code
354+11 filings referencing birth certificates or other private
355+12 records that are not in compliance with Section 9-501 of
356+13 the Uniform Commercial Code;
357+14 (10) whether the documents are re-recording deeds to
358+15 re-notarize or attach notary certification if prior
359+16 notarization already appears unaltered on the document of
360+17 record;
361+18 (11) whether the documents are asserting diplomatic
362+19 credentials or immunity, non-United States citizenship, or
363+20 independence from the laws of the United States;
364+21 (12) whether the documents are claims that a bank
365+22 cannot hold title after a foreclosure;
366+23 (13) whether the documents are deeds not properly
367+24 signed by the last legal owner of record or the owner's
368+25 court-appointed his or her court appointed representative
369+26 or attorney-in-fact under a power of attorney;
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379+ SB2227 Enrolled - 12 - LRB103 28861 AWJ 55246 b
380+1 (14) whether the documents are manipulated or altered
381+2 federal or State legal or court forms that release a lien;
382+3 (15) whether a document is not related to a valid
383+4 existing or potential adverse transaction, existing lien,
384+5 or judgment of a court of competent jurisdiction;
385+6 (16) a document that is not related to a valid
386+7 existing or potential commercial or financial transaction,
387+8 existing agricultural or other lien, or judgment of a
388+9 court of competent jurisdiction;
389+10 (17) whether the document is filed with the intent to
390+11 harass or defraud the person identified in the record or
391+12 any other person;
392+13 (18) whether the document is filed with the intent to
393+14 harass or defraud any member of a governmental office,
394+15 including, but not limited to, the recorder's office,
395+16 local government offices, the State of Illinois, or the
396+17 Federal government; and
397+18 (19) whether the documents are previous court
398+19 determinations, including a previous determination by a
399+20 court of competent jurisdiction that a particular document
400+21 is fraudulent, invalid, or forged.
401+22 (d) Determinations. If a recorder determines, after review
402+23 by legal staff and counsel, that a deed or instrument that is
403+24 recorded in the grantor's index or the grantee's index may be
404+25 fraudulent, unlawfully altered, or intended to unlawfully
405+26 cloud or transfer the title of any real property, the recorder
406+
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416+1 he or she shall refer the deed or instrument to an
417+2 administrative law judge for review pursuant to subsection (g)
418+3 of this Section. The recorder shall record a Notice of
419+4 Referral in the grantor's index or the grantee's index
420+5 identifying the document, corresponding document number in
421+6 question, and the date of referral. The recorder shall also
422+7 notify the parties set forth in subsection (e) of this
423+8 Section. The recorder may, at the recorder's his or her
424+9 discretion, notify law enforcement officials regarding a
425+10 filing determined to be fraudulent, unlawfully altered, or
426+11 intended to unlawfully cloud or transfer the title of any real
427+12 property.
428+13 (e) Notice. The recorder shall use county property tax
429+14 records to identify and provide notice to the last owner of
430+15 record by telephone, if available, and certified mail both
431+16 when: (1) a deed or instrument has been referred for review and
432+17 determination; and (2) a final determination has been made
433+18 regarding the deed or instrument. Notice, by mail, shall also
434+19 be sent to the physical address of the property associated
435+20 with the deed or instrument.
436+21 (f) Administrative decision. The recorder's decision to
437+22 add a Notice of Referral and refer a document for review is a
438+23 final administrative decision that is subject to review by the
439+24 circuit court of the county where the real property is located
440+25 under the Administrative Review Law. The standard of review by
441+26 the circuit court shall be de novo.
442+
443+
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447+ SB2227 Enrolled - 13 - LRB103 28861 AWJ 55246 b
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451+ SB2227 Enrolled - 14 - LRB103 28861 AWJ 55246 b
452+1 (g) Referral and review process. Prior to referral, the
453+2 recorder shall notify the last owner of record of the document
454+3 or documents suspected to be fraudulent. The person, entity,
455+4 or legal representative thereof shall confirm in writing the
456+5 person's, entity's, or legal representative's his or her
457+6 belief that a document or documents are suspected to be
458+7 fraudulent and may request that the recorder refer the case
459+8 for review. Upon request, the recorder shall bring a case to
460+9 its county department of administrative hearings and, within
461+10 10 business days after receipt, an administrative law judge
462+11 shall schedule a hearing to occur no later than 30 days after
463+12 receiving the referral. The referral and case shall clearly
464+13 identify the person, persons, or entity believed to be the
465+14 last true owner of record as the petitioner. Notice of the
466+15 hearing shall be provided by the administrative law judge to
467+16 the filer, or the party represented by the filer, of the
468+17 suspected fraudulent document, the legal representative of the
469+18 recorder of deeds who referred the case, and the last owner of
470+19 record, as identified in the referral.
471+20 If clear and convincing evidence shows the document in
472+21 question to be fraudulent, the administrative law judge shall
473+22 rule the document to be fraudulent and forward the judgment to
474+23 all the parties identified in this subsection. Upon receiving
475+24 notice of the judgment of fraud, the recorder shall, within 5
476+25 business days, record a new document that includes a copy of
477+26 the judgment in front of the Notice of Referral that shall
478+
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488+1 clearly state that the document in question has been found to
489+2 be fraudulent and shall not be considered to affect the chain
490+3 of title of the property in any way.
491+4 If the administrative law judge finds the document to be
492+5 legitimate, the recorder shall, within 5 business days after
493+6 receiving notice, record a copy of the judgment.
494+7 A decision by an administrative law judge shall not
495+8 preclude a State's attorney or sheriff from proceeding with a
496+9 criminal investigation or criminal charges. If a county does
497+10 not have an administrative law judge that specializes in
498+11 public records, one shall be appointed within 3 months after
499+12 the effective date of this amendatory Act of the 98th General
500+13 Assembly, or the original case shall be forwarded to the
501+14 proper circuit court with jurisdiction.
502+15 Nothing in this Section precludes a private right of
503+16 action by any party with an interest in the property affected
504+17 by the review and referral, or the filer of the document or
505+18 documents suspected to be fraudulent. Nothing in this Section
506+19 requires a person or entity who may have had a fraudulent
507+20 document or encumbrance filed against the person's or entity's
508+21 his or her property to use the fraud review and referral
509+22 process or administrative review created by this Section.
510+23 (h) Fees. The recorder shall retain any filing fees
511+24 associated with filing a deed or instrument that is determined
512+25 to be fraudulent, unlawfully altered, or intended to
513+26 unlawfully cloud or transfer the title of any real property
514+
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519+ SB2227 Enrolled - 15 - LRB103 28861 AWJ 55246 b
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524+1 under this Section.
525+2 (i) Liability. Neither a recorder nor any of the
526+3 recorder's his or her employees or agents shall be subject to
527+4 personal liability by reason of any error or omission in the
528+5 performance of any duty under this Section, except in case of
529+6 willful or wanton conduct. Neither the recorder nor any of the
530+7 recorder's his or her employees shall incur liability for the
531+8 referral or review, or failure to refer or review, a document
532+9 or instrument under this Section.
533+10 (j) Applicability. This Section applies only to filings
534+11 provided to the recorder on and after the effective date of
535+12 this amendatory Act of the 98th General Assembly.
536+13 (k) (Blank).
537+14 (Source: P.A. 100-276, eff. 8-22-17.)
538+15 (55 ILCS 5/3-5010.8)
539+16 (Section scheduled to be repealed on January 1, 2024)
540+17 Sec. 3-5010.8. Mechanics lien demand and referral pilot
541+18 program.
542+19 (a) Legislative findings. The General Assembly finds that
543+20 expired mechanics liens on residential property, which cloud
544+21 title to property, are a rapidly growing problem throughout
545+22 the State. In order to address the increase in expired
546+23 mechanics liens and, more specifically, those that have not
547+24 been released by the lienholder, a recorder may establish a
548+25 process to demand and refer mechanics liens that have been
549+
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558+ SB2227 Enrolled - 17 - LRB103 28861 AWJ 55246 b
559+1 recorded but not litigated or released in accordance with the
560+2 Mechanics Lien Act to an administrative law judge for
561+3 resolution or demand that the lienholder commence suit or
562+4 forfeit the lien.
563+5 (b) Definitions. As used in this Section:
564+6 "Demand to Commence Suit" means the written demand
565+7 specified in Section 34 of the Mechanics Lien Act.
566+8 "Mechanics lien" and "lien" are used interchangeably in
567+9 this Section.
568+10 "Notice of Expired Mechanics Lien" means the notice a
569+11 recorder gives to a property owner under subsection (d)
570+12 informing the property owner of an expired lien.
571+13 "Notice of Referral" means the document referring a
572+14 mechanics lien to a county's code hearing unit.
573+15 "Recording" and "filing" are used interchangeably in this
574+16 Section.
575+17 "Referral" or "refer" means a recorder's referral of a
576+18 mechanics lien to a county's code hearing unit to obtain a
577+19 determination as to whether a recorded mechanics lien is
578+20 valid.
579+21 "Residential property" means real property improved with
580+22 not less than one nor more than 4 residential dwelling units; a
581+23 residential condominium unit, including, but not limited to,
582+24 the common elements allocated to the exclusive use of the
583+25 condominium unit that form an integral part of the condominium
584+26 unit and any parking unit or units specified by the
585+
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594+ SB2227 Enrolled - 18 - LRB103 28861 AWJ 55246 b
595+1 declaration to be allocated to a specific residential
596+2 condominium unit; or a single tract of agriculture real estate
597+3 consisting of 40 acres or less that is improved with a
598+4 single-family residence. If a declaration of condominium
599+5 ownership provides for individually owned and transferable
600+6 parking units, "residential property" does not include the
601+7 parking unit of a specified residential condominium unit
602+8 unless the parking unit is included in the legal description
603+9 of the property against which the mechanics lien is recorded.
604+10 (c) Establishment of a mechanics lien demand and referral
605+11 process. After a public hearing, a recorder in a county with a
606+12 code hearing unit may adopt rules establishing a mechanics
607+13 lien demand and referral process for residential property. A
608+14 recorder shall provide public notice 90 days before the public
609+15 hearing. The notice shall include a statement of the
610+16 recorder's intent to create a mechanics lien demand and
611+17 referral process and shall be published in a newspaper of
612+18 general circulation in the county and, if feasible, be posted
613+19 on the recorder's website and at the recorder's office or
614+20 offices.
615+21 (d) Notice of Expired Lien. If a recorder determines,
616+22 after review by legal staff or counsel, that a mechanics lien
617+23 recorded in the grantor's index or the grantee's index is an
618+24 expired lien, the recorder shall serve a Notice of Expired
619+25 Lien by certified mail to the last known address of the owner.
620+26 The owner or legal representative of the owner of the
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630+ SB2227 Enrolled - 19 - LRB103 28861 AWJ 55246 b
631+1 residential property shall confirm in writing the owner's or
632+2 legal representative's his or her belief that the lien is not
633+3 involved in pending litigation and, if there is no pending
634+4 litigation, as verified and confirmed by county court records,
635+5 the owner may request that the recorder proceed with a
636+6 referral or serve a Demand to Commence Suit.
637+7 For the purposes of this Section, a recorder shall
638+8 determine if a lien is an expired lien. A lien is expired if a
639+9 suit to enforce the lien has not been commenced or a
640+10 counterclaim has not been filed by the lienholder within 2
641+11 years after the completion date of the contract as specified
642+12 in the recorded mechanics lien. The 2-year period shall be
643+13 increased to the extent that an automatic stay under Section
644+14 362(a) of the United States Bankruptcy Code stays a suit or
645+15 counterclaim to foreclose the lien. If a work completion date
646+16 is not specified in the recorded lien, then the work
647+17 completion date is the date of recording of the mechanics
648+18 lien.
649+19 (e) Demand to Commence Suit. Upon receipt of an owner's
650+20 confirmation that the lien is not involved in pending
651+21 litigation and a request for the recorder to serve a Demand to
652+22 Commence Suit, the recorder shall serve a Demand to Commence
653+23 Suit on the lienholder of the expired lien as provided in
654+24 Section 34 of the Mechanics Lien Act. A recorder may request
655+25 that the Secretary of State assist in providing registered
656+26 agent information or obtain information from the Secretary of
657+
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666+ SB2227 Enrolled - 20 - LRB103 28861 AWJ 55246 b
667+1 State's registered business database when the recorder seeks
668+2 to serve a Demand to Commence suit on the lienholder. Upon
669+3 request, the Secretary of State, or the Secretary of State's
670+4 his or her designee, shall provide the last known address or
671+5 registered agent information for a lienholder who is
672+6 incorporated or doing business in the State. The recorder must
673+7 record a copy of the Demand to Commence suit in the grantor's
674+8 index or the grantee's index identifying the mechanics lien
675+9 and include the corresponding document number and the date of
676+10 demand. The recorder may, at the recorder's his or her
677+11 discretion, notify the Secretary of State regarding a Demand
678+12 to Commence suit determined to involve a company, corporation,
679+13 or business registered with that office.
680+14 When the lienholder commences a suit or files an answer
681+15 within 30 days or the lienholder records a release of lien with
682+16 the county recorder as required by subsection (a) of Section
683+17 34 of the Mechanics Lien Act, then the demand and referral
684+18 process is completed for the recorder for that property. If
685+19 service under this Section is responded to consistent with
686+20 Section 34 of the Mechanics Lien Act, the recorder may not
687+21 proceed under subsection (f). If no response is received
688+22 consistent with Section 34 of the Mechanics Lien Act, the
689+23 recorder may proceed under subsection (f).
690+24 (f) Referral. Upon receipt of an owner's confirmation that
691+25 the lien is not involved in pending litigation and a request
692+26 for the recorder to proceed with a referral, the recorder
693+
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703+1 shall: (i) file the Notice of Referral with the county's code
704+2 hearing unit; (ii) identify and notify the lienholder by
705+3 telephone, if available, of the referral and send a copy of the
706+4 Notice of Referral by certified mail to the lienholder using
707+5 information included in the recorded mechanics lien or the
708+6 last known address or registered agent received from the
709+7 Secretary of State or obtained from the Secretary of State's
710+8 registered business database; (iii) send a copy of the Notice
711+9 of Referral by mail to the physical address of the property
712+10 owner associated with the lien; and (iv) record a copy of the
713+11 Notice of Referral in the grantor's index or the grantee's
714+12 index identifying the mechanics lien and include the
715+13 corresponding document number. The Notice of Referral shall
716+14 clearly identify the person, persons, or entity believed to be
717+15 the owner, assignee, successor, or beneficiary of the lien.
718+16 The recorder may, at the recorder's his or her discretion,
719+17 notify the Secretary of State regarding a referral determined
720+18 to involve a company, corporation, or business registered with
721+19 that office.
722+20 No earlier than 30 business days after the date the
723+21 lienholder is required to respond to a Demand to Commence Suit
724+22 under Section 34 of the Mechanics Lien Act, the code hearing
725+23 unit shall schedule a hearing to occur at least 30 days after
726+24 sending notice of the date of hearing. Notice of the hearing
727+25 shall be provided by the county recorder, by and through the
728+26 recorder's his or her representative, to the filer, or the
729+
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739+1 party represented by the filer, of the expired lien, the legal
740+2 representative of the recorder of deeds who referred the case,
741+3 and the last owner of record, as identified in the Notice of
742+4 Referral.
743+5 If the recorder shows by clear and convincing evidence
744+6 that the lien in question is an expired lien, the
745+7 administrative law judge shall rule the lien is forfeited
746+8 under Section 34.5 of the Mechanics Lien Act and that the lien
747+9 no longer affects the chain of title of the property in any
748+10 way. The judgment shall be forwarded to all parties identified
749+11 in this subsection. Upon receiving judgment of a forfeited
750+12 lien, the recorder shall, within 5 business days, record a
751+13 copy of the judgment in the grantor's index or the grantee's
752+14 index.
753+15 If the administrative law judge finds the lien is not
754+16 expired, the recorder shall, no later than 5 business days
755+17 after receiving notice of the decision of the administrative
756+18 law judge, record a copy of the judgment in the grantor's index
757+19 or the grantee's index.
758+20 A decision by an administrative law judge is reviewable
759+21 under the Administrative Review Law, and nothing in this
760+22 Section precludes a property owner or lienholder from
761+23 proceeding with a civil action to resolve questions concerning
762+24 a mechanics lien.
763+25 A lienholder or property owner may remove the action from
764+26 the code hearing unit to the circuit court as provided in
765+
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775+1 subsection (i).
776+2 (g) Final administrative decision. The recorder's decision
777+3 to refer a mechanics lien or serve a Demand to Commence Suit is
778+4 a final administrative decision that is subject to review
779+5 under the Administrative Review Law by the circuit court of
780+6 the county where the real property is located. The standard of
781+7 review by the circuit court shall be consistent with the
782+8 Administrative Review Law.
783+9 (h) Liability. A recorder and the recorder's his or her
784+10 employees or agents are not subject to personal liability by
785+11 reason of any error or omission in the performance of any duty
786+12 under this Section, except in the case of willful or wanton
787+13 conduct. The recorder and the recorder's his or her employees
788+14 or agents are not liable for the decision to refer a lien or
789+15 serve a Demand to Commence Suit, or failure to refer or serve a
790+16 Demand to Commence Suit, of a lien under this Section.
791+17 (i) Private actions; use of demand and referral process.
792+18 Nothing in this Section precludes a private right of action by
793+19 any party with an interest in the property affected by the
794+20 mechanics lien or a decision by the code hearing unit. Nothing
795+21 in this Section requires a person or entity who may have a
796+22 mechanics lien recorded against the person's or entity's his
797+23 or her property to use the mechanics lien demand and referral
798+24 process created by this Section.
799+25 A lienholder or property owner may remove a matter in the
800+26 referral process to the circuit court at any time prior to the
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811+1 final decision of the administrative law judge by delivering a
812+2 certified notice of the suit filed in the circuit court to the
813+3 administrative law judge. Upon receipt of the certified
814+4 notice, the administrative law judge shall dismiss the matter
815+5 without prejudice. If the matter is dismissed due to removal,
816+6 then the demand and referral process is completed for the
817+7 recorder for that property. If the circuit court dismisses the
818+8 removed matter without deciding on whether the lien is expired
819+9 and without prejudice, the recorder may reinstitute the demand
820+10 and referral process under subsection (d).
821+11 (j) Repeal. This Section is repealed on January 1, 2024.
822+12 (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
823+13 (55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
824+14 Sec. 3-5011. Office to remain open during bank holiday.
825+15 Whenever an emergency exists which involves the banking or
826+16 credit structure within the State of Illinois, and which is
827+17 recognized by a proclamation by the Governor or by an act or
828+18 resolution of the General Assembly, and by such proclamation
829+19 of the Governor a public holiday has been or shall be declared,
830+20 the proclamation of such public holiday shall not require the
831+21 recorder or registrar of titles in any county in this State to
832+22 close the recorder's or registrar's his office, but every such
833+23 recorder or registrar of titles shall continue to keep the
834+24 recorder's or registrar's his office open and to operate in
835+25 the same manner as though no such public holiday had been
836+
837+
838+
839+
840+
841+ SB2227 Enrolled - 24 - LRB103 28861 AWJ 55246 b
842+
843+
844+SB2227 Enrolled- 25 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 25 - LRB103 28861 AWJ 55246 b
845+ SB2227 Enrolled - 25 - LRB103 28861 AWJ 55246 b
846+1 declared, unless in and by such proclamation the Governor of
847+2 this State shall make specific reference to the closing of
848+3 recorders' or registrars' offices in this State. The actions
849+4 of any recorder or registrar of titles performed prior to May
850+5 26, 1933 and during the continuance of any such holiday, are
851+6 validated.
852+7 (Source: P.A. 86-962.)
853+8 (55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
854+9 Sec. 3-5012. Recording and indexing books. Separate books
855+10 and computer databases may be kept for the recording and
856+11 indexing of different classes of instruments. Three distinct
857+12 series of document numbers may be used for recording documents
858+13 received for recordation, one series of numbers to be preceded
859+14 by the letter "b" in each case, which series shall be used only
860+15 for bills of sale of personal property, chattel mortgages and
861+16 releases, extensions and assignments, thereof, one series of
862+17 numbers to be preceded by the letter "c" in each case, which
863+18 series shall be used only for certificates of discharge of
864+19 discharged members of the military, aviation and naval forces
865+20 of the United States, and the other series of document numbers
866+21 shall be used for all other instruments received for
867+22 recordation. When three series of document numbers are thus
868+23 used, a separate place may be provided in the Recorder's
869+24 office for the receipt of each kind of documents to which such
870+25 serial numbers apply.
871+
872+
873+
874+
875+
876+ SB2227 Enrolled - 25 - LRB103 28861 AWJ 55246 b
877+
878+
879+SB2227 Enrolled- 26 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 26 - LRB103 28861 AWJ 55246 b
880+ SB2227 Enrolled - 26 - LRB103 28861 AWJ 55246 b
881+1 (Source: P.A. 86-962.)
882+2 (55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
883+3 Sec. 3-5013. Transcription or reproduction of written
884+4 instruments. The recorder, when recording at length
885+5 instruments in writing in the his or her office, may
886+6 transcribe the instruments in handwriting or typewriting, make
887+7 photographic or photostatic reproductions of the instruments,
888+8 or transcribe the instruments partly in handwriting or
889+9 typewriting and make photographic or photostatic reproductions
890+10 of the remaining portions of the instruments. Every document,
891+11 however, shall be filed in a complete and intelligible manner.
892+12 The recorder may not accept facsimile or other photographic or
893+13 photostatic copies of the signatures of parties executing
894+14 documents without labeling those signatures as copies unless
895+15 they are digital signatures submitted under federal or State
896+16 law. When photographic or photostatic reproductions are used,
897+17 the recorder shall first be satisfied that the reproductions
898+18 are as lasting and durable as handwritten or typewritten
899+19 copies. The reproductions may shall be upon sheets bound
900+20 together in well bound books or placed in books that are
901+21 permanently locked so that the sheets cannot be tampered with
902+22 or removed. When instruments are reproduced by
903+23 microphotography, digital scanning, or otherwise reproduced on
904+24 film as provided in this Section the reproduction thus made
905+25 shall be deemed the record for all purposes.
906+
907+
908+
909+
910+
911+ SB2227 Enrolled - 26 - LRB103 28861 AWJ 55246 b
912+
913+
914+SB2227 Enrolled- 27 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 27 - LRB103 28861 AWJ 55246 b
915+ SB2227 Enrolled - 27 - LRB103 28861 AWJ 55246 b
916+1 (Source: P.A. 86-962; 87-376.)
917+2 (55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014)
918+3 Sec. 3-5014. Mortgages or liens filed but not recorded.
919+4 Upon receipt of any mortgage, trust deed or conveyance of
920+5 personal property having the effect of a mortgage or lien upon
921+6 such property, upon which is indorsed the words, "this
922+7 instrument to be filed, but not recorded" or words of a similar
923+8 import, signed by the mortgagee, the mortgagee's his agent or
924+9 attorney, and upon payment of a fee equal to what would be
925+10 charged if the document were to be recorded, the recorder
926+11 shall mark the instrument "filed", endorse the time (including
927+12 the hour of the day) of the receipt thereof and file the same
928+13 in the his office.
929+14 Each instrument filed as above shall be numbered and
930+15 indexed by the recorder Recorder in the book wherein the
931+16 recorder he alphabetically indexes chattel mortgages and shall
932+17 refer to the number appearing on the filed instrument.
933+18 The recorder may destroy any instrument filed but not
934+19 recorded in the manner hereinabove provided, one year after
935+20 the maturity thereof as stated therein; except, no such
936+21 instrument may be destroyed until one year after the maturity
937+22 of the last extension thereof filed in the recorder's office.
938+23 (Source: P.A. 86-962.)
939+24 (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
940+
941+
942+
943+
944+
945+ SB2227 Enrolled - 27 - LRB103 28861 AWJ 55246 b
946+
947+
948+SB2227 Enrolled- 28 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 28 - LRB103 28861 AWJ 55246 b
949+ SB2227 Enrolled - 28 - LRB103 28861 AWJ 55246 b
950+1 Sec. 3-5015. Certificates of discharge or release from
951+2 active duty. Certificates of discharge or MEMBER-4 copy of
952+3 certificate of release or discharge from active duty of
953+4 honorably discharged or separated members of the military,
954+5 aviation and naval forces of the United States shall be
955+6 recorded by each recorder, free of charge, in a separate book
956+7 or computer database which shall be kept for the purpose. The
957+8 recorder in counties of over 500,000 population shall as soon
958+9 as practicable after the recording of the original discharge
959+10 certificate or MEMBER-4 copy of certificate of release or
960+11 discharge from active duty, deliver to each of the persons
961+12 named in the discharge certificate or MEMBER-4 copy of
962+13 certificate of release or discharge from active duty, or the
963+14 person's his agent, one certified copy of the person's his
964+15 discharge certificate or MEMBER-4 copy of certificate of
965+16 release or discharge from active duty without charge.
966+17 Additional certified copies shall be furnished by the recorder
967+18 upon the payment to the recorder of a fee of $1.25, payable in
968+19 advance, for each such additional certified copy. The recorder
969+20 may waive the fee for reasonable requests for additional
970+21 copies if the recorder deems collecting the fee to be a burden
971+22 to the county, but only if the fee is waived for all reasonable
972+23 requests for additional copies under this Section.
973+24 Upon the delivery of the certificate of discharge or
974+25 MEMBER-4 copy of certificate of release or discharge from
975+26 active duty after the recordation thereof is completed, and
976+
977+
978+
979+
980+
981+ SB2227 Enrolled - 28 - LRB103 28861 AWJ 55246 b
982+
983+
984+SB2227 Enrolled- 29 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 29 - LRB103 28861 AWJ 55246 b
985+ SB2227 Enrolled - 29 - LRB103 28861 AWJ 55246 b
986+1 the delivery of one certified copy thereof to the person named
987+2 in the discharge certificate or MEMBER-4 copy of certificate
988+3 of release or discharge from active duty or the person's his
989+4 agent, the receipt theretofore issued by the recorder, or a
990+5 copy thereof shall be surrendered to the recorder, with a
991+6 signed statement acknowledging the receipt of the discharge
992+7 certificate or MEMBER-4 copy of certificate of release or
993+8 discharge from active duty and the certified copy thereof.
994+9 Certified copies of the certificates of discharge or
995+10 MEMBER-4 copy of certificate of release or discharge from
996+11 active duty furnished by the recorder may vary from the size of
997+12 the original, if in the judgment of the recorder, such
998+13 certified copies are complete and legible.
999+14 A military discharge form (DD-214) or any other
1000+15 certificate of discharge or release from active duty document
1001+16 that was issued by the United States government or any state
1002+17 government in reference to those who served with an active or
1003+18 inactive military reserve unit or National Guard force and
1004+19 that was recorded by a County Clerk or Recorder of Deeds is not
1005+20 subject to public inspection, enjoying all the protection
1006+21 covered by the federal Privacy Act of 1974 or any other privacy
1007+22 law. These documents shall be accessible only to the person
1008+23 named in the document, the named person's dependents, the
1009+24 county veterans' service officer, representatives of the
1010+25 Department of Veterans' Affairs, or any person with written
1011+26 authorization from the named person or the named person's
1012+
1013+
1014+
1015+
1016+
1017+ SB2227 Enrolled - 29 - LRB103 28861 AWJ 55246 b
1018+
1019+
1020+SB2227 Enrolled- 30 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 30 - LRB103 28861 AWJ 55246 b
1021+ SB2227 Enrolled - 30 - LRB103 28861 AWJ 55246 b
1022+1 dependents. Notwithstanding any other provision in this
1023+2 paragraph, these documents shall be made available for public
1024+3 inspection and copying in accordance with the archival
1025+4 schedule adopted by the National Archives and Records
1026+5 Administration and subject to redaction of information that is
1027+6 considered private under the Illinois Freedom of Information
1028+7 Act, the federal Freedom of Information Act, and the federal
1029+8 Privacy Act.
1030+9 (Source: P.A. 101-402, eff. 8-16-19.)
1031+10 (55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
1032+11 Sec. 3-5016. Quarters; office hours. Every recorder
1033+12 Recorder shall keep the recorder's his office at the
1034+13 courthouse of the county for which the recorder was elected he
1035+14 is recorder, or in counties of the second or third class in
1036+15 some other suitable building provided at the county seat by
1037+16 the county for which the person was elected he is recorder and
1038+17 shall keep the his office open except as hereinafter provided
1039+18 and attend to the duties thereof in counties of the first and
1040+19 second classes from 8 o'clock A.M. to 5 o'clock P.M. of each
1041+20 working day, except Saturday and Sunday, and in counties of
1042+21 the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
1043+22 working day, except Saturday and Sunday. The , and except in
1044+23 each county of all classes such days as under any law are or
1045+24 may be legal holidays in any part of the county, as regards the
1046+25 presenting for payment, acceptance, maturity, protesting, or
1047+
1048+
1049+
1050+
1051+
1052+ SB2227 Enrolled - 30 - LRB103 28861 AWJ 55246 b
1053+
1054+
1055+SB2227 Enrolled- 31 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 31 - LRB103 28861 AWJ 55246 b
1056+ SB2227 Enrolled - 31 - LRB103 28861 AWJ 55246 b
1057+1 giving notice of the dishonor of bills of exchange, bank
1058+2 checks, promissory notes, or other negotiable or commercial
1059+3 paper or instruments: Provided, however, that the hours of
1060+4 opening and closing of the office of the recorder Recorder may
1061+5 be changed and otherwise fixed and determined by the county
1062+6 board of any county. Any such action taken by the county board
1063+7 shall be by an appropriate resolution passed at a regular
1064+8 meeting. The office of the recorder shall accept instruments
1065+9 for recordation at all times during which the office is open.
1066+10 (Source: P.A. 86-962.)
1067+11 (55 ILCS 5/3-5018.2 new)
1068+12 Sec. 3-5018.2. Predictable fee schedule for recordings in
1069+13 first and second class counties.
1070+14 (a) The fees of the recorder in counties of the first and
1071+15 second class for recording deeds or other instruments in
1072+16 writing and maps of plats of additions, subdivisions, or
1073+17 otherwise and for certifying copies of records shall be paid
1074+18 in advance and shall conform to this Section. The fees or
1075+19 surcharges shall not, unless otherwise provided in this
1076+20 Section, be based on the individual attributes of a document
1077+21 to be recorded, including, but not limited to, page count;
1078+22 number, length, or type of legal descriptions; number of tax
1079+23 identification or other parcel-identifying code numbers;
1080+24 number of common addresses; number of references contained as
1081+25 to other recorded documents or document numbers; or any other
1082+
1083+
1084+
1085+
1086+
1087+ SB2227 Enrolled - 31 - LRB103 28861 AWJ 55246 b
1088+
1089+
1090+SB2227 Enrolled- 32 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 32 - LRB103 28861 AWJ 55246 b
1091+ SB2227 Enrolled - 32 - LRB103 28861 AWJ 55246 b
1092+1 individual attribute of the document. The fees charged under
1093+2 this Section shall be inclusive of all county and State fees
1094+3 that the county may elect or is required to impose or adjust,
1095+4 including, but not limited to, GIS fees, automation fees,
1096+5 document storage fees, and the Rental Housing Support Program
1097+6 State and county surcharges.
1098+7 (b) A county of the first or second class shall adopt and
1099+8 implement, by ordinance or resolution, a predictable fee
1100+9 schedule as provided in subsection (c) that eliminates
1101+10 surcharges or fees based on the individual attributes of a
1102+11 document to be recorded. If a county has previously adopted an
1103+12 ordinance or resolution adopting a predictable fee schedule,
1104+13 the county must adopt an ordinance or resolution revising that
1105+14 predictable fee schedule to be consistent with this Section.
1106+15 After a document class predictable fee is approved by a county
1107+16 board consistent with this Section, the county board may, by
1108+17 ordinance or resolution, increase the document class
1109+18 predictable fee and collect the increased fees if the
1110+19 established fees are not sufficient to cover the costs of
1111+20 providing the services related to the document class for which
1112+21 the fee is to be increased.
1113+22 For the purposes of the fee charged, the ordinance or
1114+23 resolution shall divide documents into the classifications
1115+24 specified in subsection (c), and shall establish a single,
1116+25 all-inclusive county and State-imposed aggregate predictable
1117+26 fee charged for each classification of document at the time of
1118+
1119+
1120+
1121+
1122+
1123+ SB2227 Enrolled - 32 - LRB103 28861 AWJ 55246 b
1124+
1125+
1126+SB2227 Enrolled- 33 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 33 - LRB103 28861 AWJ 55246 b
1127+ SB2227 Enrolled - 33 - LRB103 28861 AWJ 55246 b
1128+1 recording for that document. Each document, unless otherwise
1129+2 provided in this Section, shall fall within one of the
1130+3 document class predictable fee classifications set by
1131+4 subsection (c), and fees for each document class shall be
1132+5 charged only as allowed by this Section.
1133+6 Before approval of an ordinance or resolution under this
1134+7 subsection that creates or modifies a predictable fee
1135+8 schedule, the recorder or county clerk shall post a notice in
1136+9 the recorder's or clerk's office at least 2 weeks prior, but
1137+10 not more than 4 weeks prior, to the public meeting at which the
1138+11 ordinance or resolution may be adopted. The notice shall
1139+12 contain the proposed ordinance or resolution number, if any,
1140+13 the proposed document class predictable fees for each
1141+14 classification, and a reference to this Section and this
1142+15 amendatory Act of the 103rd General Assembly. A predictable
1143+16 fee schedule takes effect 60 days after an ordinance or
1144+17 resolution is adopted, unless the fee schedule was previously
1145+18 created and the ordinance or resolution is a modification
1146+19 allowed under this Section.
1147+20 Nothing in this Section precludes a county board from
1148+21 adjusting amounts or allocations within a given document class
1149+22 predictable fee when the document class predictable fee is not
1150+23 increased or precludes an alternate predictable fee schedule
1151+24 for electronic recording within each of the classifications
1152+25 under subsection (c).
1153+26 If the Rental Housing Support Program State surcharge is
1154+
1155+
1156+
1157+
1158+
1159+ SB2227 Enrolled - 33 - LRB103 28861 AWJ 55246 b
1160+
1161+
1162+SB2227 Enrolled- 34 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 34 - LRB103 28861 AWJ 55246 b
1163+ SB2227 Enrolled - 34 - LRB103 28861 AWJ 55246 b
1164+1 amended and the surcharge is increased or lowered, the
1165+2 aggregate amount of the document predictable fee attributable
1166+3 to the surcharge in the document may be changed accordingly.
1167+4 If any fee or surcharge is changed by State statute, the county
1168+5 may increase the document class fees by the same amount
1169+6 without any cost study.
1170+7 (c) A predictable fee schedule ordinance or resolution
1171+8 adopted under this Section shall list document fees, including
1172+9 document class predictable fees. The document classes shall be
1173+10 as follows:
1174+11 (1) Deeds. The aggregate fee for recording deeds shall
1175+12 not be less than $31 (being a minimum $13 county fee plus
1176+13 $18 for the Rental Housing Support Program State
1177+14 surcharge). Inclusion of language in the deed as to any
1178+15 restriction; covenant; lien; oil, gas, or other mineral
1179+16 interest; easement; lease; or a mortgage shall not alter
1180+17 the classification of a document as a deed.
1181+18 (2) Leases, lease amendments, and similar transfer of
1182+19 interest documents. The aggregate fee for recording
1183+20 leases, lease amendments, and similar transfers of
1184+21 interest documents shall not be less than $31 (being a
1185+22 minimum $13 county fee plus $18 for the Rental Housing
1186+23 Support Program State surcharge).
1187+24 (3) Mortgages. The aggregate fee for recording
1188+25 mortgages, including assignments, extensions, amendments,
1189+26 subordinations, and mortgage releases shall not be less
1190+
1191+
1192+
1193+
1194+
1195+ SB2227 Enrolled - 34 - LRB103 28861 AWJ 55246 b
1196+
1197+
1198+SB2227 Enrolled- 35 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 35 - LRB103 28861 AWJ 55246 b
1199+ SB2227 Enrolled - 35 - LRB103 28861 AWJ 55246 b
1200+1 than $31 (being a minimum $13 county fee plus $18 for the
1201+2 Rental Housing Support Program State surcharge).
1202+3 (4) Easements not otherwise part of another
1203+4 classification. The aggregate fee for recording easements
1204+5 not otherwise part of another classification, including
1205+6 assignments, extensions, amendments, and easement releases
1206+7 not filed by a State agency, unit of local government, or
1207+8 school district, shall not be less than $31 (being a
1208+9 minimum $13 county fee plus $18 for the Rental Housing
1209+10 Support Program State surcharge).
1210+11 (5) Irregular documents. Any document presented that
1211+12 does not conform to the following standards, even if it
1212+13 may qualify for another document class, may be recorded
1213+14 under this document class (5) if the irregularity allows a
1214+15 legible reproduction of the document presented:
1215+16 (A) The document shall consist of one or more
1216+17 individual sheets measuring 8.5 inches by 11 inches,
1217+18 not permanently bound, and not a continuous form.
1218+19 Graphic displays accompanying a document to be
1219+20 recorded that measure up to 11 inches by 17 inches
1220+21 shall be recorded without charging an additional fee.
1221+22 (B) The document shall be legibly printed in black
1222+23 ink by hand, type, or computer. Signatures and dates
1223+24 may be in contrasting colors if they will reproduce
1224+25 clearly.
1225+26 (C) The document shall be on white paper of not
1226+
1227+
1228+
1229+
1230+
1231+ SB2227 Enrolled - 35 - LRB103 28861 AWJ 55246 b
1232+
1233+
1234+SB2227 Enrolled- 36 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 36 - LRB103 28861 AWJ 55246 b
1235+ SB2227 Enrolled - 36 - LRB103 28861 AWJ 55246 b
1236+1 less than 20-pound weight and shall have a clean
1237+2 margin of at least one-half inch on the top, the
1238+3 bottom, and each side. Margins may be used only for
1239+4 non-essential notations that will not affect the
1240+5 validity of the document, including, but not limited
1241+6 to, form numbers, page numbers, and customer
1242+7 notations.
1243+8 (D) The first page of the document shall contain a
1244+9 blank space, measuring at least 3 inches by 5 inches,
1245+10 from the upper right corner.
1246+11 (E) The document shall not have any attachment
1247+12 stapled or otherwise affixed to any page.
1248+13 The aggregate fee for recording an irregular document
1249+14 shall not be less than $31 (being a minimum $13 county fee
1250+15 plus $18 for the Rental Housing Support Program State
1251+16 surcharge).
1252+17 (6) Blanket recordings. For any document that makes
1253+18 specific reference to more than 5 tax parcels or property
1254+19 identification numbers, or makes reference to 5 or more
1255+20 document numbers, the aggregate fee shall be not less than
1256+21 $31 (being a minimum $13 county fee plus $18 for the Rental
1257+22 Housing Support Program State surcharge). A county may
1258+23 adopt by ordinance and publish with its fee schedule an
1259+24 additional fee or formula for each parcel, property
1260+25 identification number, or document reference, above 5,
1261+26 contained in an accepted document.
1262+
1263+
1264+
1265+
1266+
1267+ SB2227 Enrolled - 36 - LRB103 28861 AWJ 55246 b
1268+
1269+
1270+SB2227 Enrolled- 37 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 37 - LRB103 28861 AWJ 55246 b
1271+ SB2227 Enrolled - 37 - LRB103 28861 AWJ 55246 b
1272+1 (7) Miscellaneous. The aggregate fee for recording
1273+2 documents not otherwise falling within classifications
1274+3 under paragraphs (1) through (6) and are not otherwise
1275+4 exempted documents shall not be less than $31 (being a
1276+5 minimum $13 county fee plus $18 for the Rental Housing
1277+6 Support Program State surcharge).
1278+7 (d) For recording maps or plats of additions,
1279+8 subdivisions, or otherwise (including the spreading of the
1280+9 same of record in well bound books), $100 plus $2 for each
1281+10 tract, parcel, or lot contained in the map or plat.
1282+11 (e) Documents presented that meet the following criteria
1283+12 shall be charged as otherwise provided by law or ordinance:
1284+13 (1) a document recorded pursuant to the Uniform
1285+14 Commercial Code; or
1286+15 (2) a State lien or a federal lien.
1287+16 Notwithstanding any other provision in this Section: (i)
1288+17 the maximum fee that may be collected from the Department of
1289+18 Revenue for filing or indexing a lien, certificate of lien
1290+19 release or subordination, or any other type of notice or other
1291+20 documentation affecting or concerning a lien is $5; and (ii)
1292+21 the maximum fee that may be collected from the Department of
1293+22 Revenue for indexing each additional name in excess of one for
1294+23 any lien, certificate of lien release or subordination, or any
1295+24 other type of notice or other documentation affecting or
1296+25 concerning a lien is $1.
1297+26 (f) For recording any document that affects an interest in
1298+
1299+
1300+
1301+
1302+
1303+ SB2227 Enrolled - 37 - LRB103 28861 AWJ 55246 b
1304+
1305+
1306+SB2227 Enrolled- 38 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 38 - LRB103 28861 AWJ 55246 b
1307+ SB2227 Enrolled - 38 - LRB103 28861 AWJ 55246 b
1308+1 real property, other than documents which solely affect or
1309+2 relate to an easement for water, sewer, electricity, gas,
1310+3 telephone, or other public service, the recorder shall charge
1311+4 a minimum fee of $1 per document to all filers of documents not
1312+5 filed by any State agency, any unit of local government, or any
1313+6 school district. Half of the fee shall be deposited into the
1314+7 county general revenue fund. The remaining half shall be
1315+8 deposited into the County Recorder Document Storage System
1316+9 Fund and may not be appropriated or expended for any other
1317+10 purpose. The additional amounts available to the recorder for
1318+11 expenditure from the County Recorder Document Storage System
1319+12 Fund shall not offset or reduce any other county
1320+13 appropriations or funding for the office of the recorder.
1321+14 (g) For certified and non-certified copies of records, the
1322+15 recorder and county may set a predictable fee for all copies
1323+16 that does not exceed the highest total recording fee in any
1324+17 established document classes, unless the copy fee is otherwise
1325+18 provided in statute or ordinance. The total fee for a
1326+19 certified copy of a map or plat of an addition, subdivision, or
1327+20 otherwise may not exceed $200.
1328+21 The fees allowed under this subsection apply to all
1329+22 records, regardless of when they were recorded, based on
1330+23 current recording fees. These predictable fees for certified
1331+24 and non-certified copies shall apply to portions of documents
1332+25 and to copies provided in any format, including paper,
1333+26 microfilm, or electronic. A county may adopt a per-line
1334+
1335+
1336+
1337+
1338+
1339+ SB2227 Enrolled - 38 - LRB103 28861 AWJ 55246 b
1340+
1341+
1342+SB2227 Enrolled- 39 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 39 - LRB103 28861 AWJ 55246 b
1343+ SB2227 Enrolled - 39 - LRB103 28861 AWJ 55246 b
1344+1 pricing structure for copies of information in database
1345+2 format.
1346+3 (h) As provided under subsection (c), the recorder shall
1347+4 collect an $18 Rental Housing Support Program State surcharge
1348+5 for the recordation of any real estate-related document.
1349+6 Payment of the Rental Housing Support Program State surcharge
1350+7 shall be evidenced by a receipt that shall be marked upon or
1351+8 otherwise affixed to the real estate-related document by the
1352+9 recorder. The form of this receipt shall be prescribed by the
1353+10 Department of Revenue and the receipts shall be issued by the
1354+11 Department of Revenue to each county recorder.
1355+12 The recorder shall not collect the Rental Housing Support
1356+13 Program State surcharge from any State agency, unit of local
1357+14 government, or school district.
1358+15 On the 15th day of each month, each county recorder shall
1359+16 report to the Department of Revenue, on a form prescribed by
1360+17 the Department, the number of real estate-related documents
1361+18 recorded for which the Rental Housing Support Program State
1362+19 surcharge was collected. Each recorder shall submit $18 of
1363+20 each surcharge collected in the preceding month to the
1364+21 Department of Revenue and the Department shall deposit these
1365+22 amounts in the Rental Housing Support Program Fund. Subject to
1366+23 appropriation, amounts in the Fund may be expended only for
1367+24 the purpose of funding and administering the Rental Housing
1368+25 Support Program.
1369+26 As used in this subsection, "real estate-related document"
1370+
1371+
1372+
1373+
1374+
1375+ SB2227 Enrolled - 39 - LRB103 28861 AWJ 55246 b
1376+
1377+
1378+SB2227 Enrolled- 40 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 40 - LRB103 28861 AWJ 55246 b
1379+ SB2227 Enrolled - 40 - LRB103 28861 AWJ 55246 b
1380+1 means that term as it is defined in Section 7 of the Rental
1381+2 Housing Support Program Act.
1382+3 (55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
1383+4 Sec. 3-5019. Monthly list of conveyances. Immediately
1384+5 following each calendar month, the recorder, in counties with
1385+6 less than 1,000,000 inhabitants shall, upon their request,
1386+7 transmit copies of all documents, plats and deeds conveying
1387+8 real property to the county clerk, the county treasurer, the
1388+9 tax map department, the supervisor of assessments and the
1389+10 township assessor for which the office he shall be paid by the
1390+11 county the usual and customary fee charged by the recorder for
1391+12 furnishing such documents.
1392+13 (Source: P.A. 86-962.)
1393+14 (55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
1394+15 Sec. 3-5020. Information to accompany conveyance
1395+16 documents.
1396+17 (a) In counties of the first and second class no recorder
1397+18 shall record any conveyance of real estate unless the
1398+19 conveyance contains the name and address of the grantee for
1399+20 tax billing purposes.
1400+21 (b) In counties with 3,000,000 or more inhabitants, the
1401+22 county recorder shall not accept for filing any deed or
1402+23 assignment of beneficial interest in a land trust in a
1403+24 transaction which is exempt from filing a real estate transfer
1404+
1405+
1406+
1407+
1408+
1409+ SB2227 Enrolled - 40 - LRB103 28861 AWJ 55246 b
1410+
1411+
1412+SB2227 Enrolled- 41 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 41 - LRB103 28861 AWJ 55246 b
1413+ SB2227 Enrolled - 41 - LRB103 28861 AWJ 55246 b
1414+1 declaration under the provisions of Section 4 of the Real
1415+2 Estate Transfer Tax Act, unless the deed or assignment of a
1416+3 beneficial interest is accompanied by,
1417+4 (1) a sworn or affirmed statement executed by the
1418+5 grantor or the grantor's his agent stating that, to the
1419+6 best of the grantor's or the grantor's agent's his
1420+7 knowledge, the name of the grantee shown on the deed or
1421+8 assignment of beneficial interest in a land trust is
1422+9 either a natural person, an Illinois Corporation or
1423+10 foreign corporation authorized to do business or acquire
1424+11 and hold title to real estate in Illinois, a partnership
1425+12 authorized to do business or acquire and hold title to
1426+13 real estate in Illinois, or other entity recognized as a
1427+14 person and authorized to do business or acquire and hold
1428+15 title to real estate under the laws of the State of
1429+16 Illinois, and
1430+17 (2) a sworn or affirmed statement executed by the
1431+18 grantee or the grantee's his agent verifying that the name
1432+19 of the grantee shown on the deed or assignment of
1433+20 beneficial interest in a land trust is either a natural
1434+21 person, an Illinois corporation or foreign corporation
1435+22 authorized to do business or acquire and hold title to
1436+23 real estate in Illinois, a partnership authorized to do
1437+24 business or acquire and hold title to real estate in
1438+25 Illinois, or other entity recognized as a person and
1439+26 authorized to do business or acquire and hold title to
1440+
1441+
1442+
1443+
1444+
1445+ SB2227 Enrolled - 41 - LRB103 28861 AWJ 55246 b
1446+
1447+
1448+SB2227 Enrolled- 42 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 42 - LRB103 28861 AWJ 55246 b
1449+ SB2227 Enrolled - 42 - LRB103 28861 AWJ 55246 b
1450+1 real estate under the laws of the State of Illinois. Any
1451+2 person who knowingly submits a false statement required
1452+3 under this Section concerning the identity of a grantee is
1453+4 guilty of a Class C misdemeanor. A second or subsequent
1454+5 conviction of such offense is a Class A misdemeanor.
1455+6 (c) In the event that the document of conveyance is a
1456+7 trustee's deed issued under resignation by a land trustee, the
1457+8 statements pursuant to paragraphs (1) and (2) of subsection
1458+9 (b) shall not be required, but the trustee's deed shall
1459+10 instead be accompanied by a sworn or affirmed statement
1460+11 executed by the grantor land trustee stating that the
1461+12 trustee's deed has been issued pursuant to resignation by the
1462+13 trustee, and that the name of the grantee shown on the
1463+14 trustee's deed is the name of the beneficiary of the trust as
1464+15 the trustee's his name appears in the trust files as of the
1465+16 date of resignation.
1466+17 (Source: P.A. 86-962; 87-543; 87-1236.)
1467+18 (55 ILCS 5/3-5020.5)
1468+19 Sec. 3-5020.5. Information concerning recorded or filed
1469+20 instruments. Each instrument recorded or filed with the
1470+21 county recorder must contain the following:
1471+22 (1) The name and address of the person to whom the
1472+23 instrument is to be returned.
1473+24 (2) The recorder's document number of any instrument (i)
1474+25 referred to in the instrument being recorded or filed or (ii)
1475+
1476+
1477+
1478+
1479+
1480+ SB2227 Enrolled - 42 - LRB103 28861 AWJ 55246 b
1481+
1482+
1483+SB2227 Enrolled- 43 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 43 - LRB103 28861 AWJ 55246 b
1484+ SB2227 Enrolled - 43 - LRB103 28861 AWJ 55246 b
1485+1 relating to the instrument being recorded or filed, such as,
1486+2 without limitation, the recorder's document number of a
1487+3 mortgage when the instrument being recorded or filed is a
1488+4 release of that mortgage.
1489+5 (3) The book and page number, if applicable, or document
1490+6 number of any instrument (i) referred to in the instrument
1491+7 being recorded or filed or (ii) relating to the instrument
1492+8 being recorded or filed.
1493+9 (Source: P.A. 88-691, eff. 1-24-95.)
1494+10 (55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
1495+11 Sec. 3-5021. Recording or registering instruments
1496+12 transferring title to real estate or a beneficial interest in
1497+13 real estate subject to a land trust. If any home rule
1498+14 municipality has levied a real estate transfer tax and a
1499+15 certified copy of the ordinance or resolution levying the tax,
1500+16 specifying the rates and the design and denomination of stamps
1501+17 evidencing payment thereof, has been on file with the county
1502+18 recorder for at least 30 days, the recorder of that county may
1503+19 not accept for recording or for registration under "An Act
1504+20 concerning land titles", approved May 1, 1897, as amended, any
1505+21 instrument transferring title to real estate in that
1506+22 municipality, or the beneficial interest in real estate in
1507+23 that municipality which is the subject of a land trust, for
1508+24 which revenue stamps are required to be purchased under the
1509+25 "Real Estate Transfer Tax Act", approved July 17, 1967, as
1510+
1511+
1512+
1513+
1514+
1515+ SB2227 Enrolled - 43 - LRB103 28861 AWJ 55246 b
1516+
1517+
1518+SB2227 Enrolled- 44 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 44 - LRB103 28861 AWJ 55246 b
1519+ SB2227 Enrolled - 44 - LRB103 28861 AWJ 55246 b
1520+1 amended, without proof of payment of the municipal real estate
1521+2 transfer tax.
1522+3 (Source: P.A. 86-962.)
1523+4 (55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
1524+5 Sec. 3-5024. Certificate of time of filing. When any
1525+6 instrument in writing is recorded in the recorder's office,
1526+7 the recorder shall indorse upon such instrument a certificate
1527+8 of the time (including the hour of the day) when the same was
1528+9 received for recordation (which shall be considered the time
1529+10 of recording the same), and the book and page or document
1530+11 number by and in which the same is recorded. The recorder shall
1531+12 sign the certificate or shall affix the recorder's his
1532+13 facsimile signature thereto. A physical or electronic image of
1533+14 the recorder's stamp satisfies the signature requirement for
1534+15 recorded instruments prior to, on, and after the effective
1535+16 date of this amendatory Act of the 102nd General Assembly.
1536+17 The certificate, when signed by the recorder, or to which
1537+18 the recorder he has affixed the recorder's his facsimile
1538+19 signature or a physical or electronic image of the recorder's
1539+20 stamp, shall be evidence of the facts therein stated.
1540+21 (Source: P.A. 102-838, eff. 5-13-22.)
1541+22 (55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
1542+23 Sec. 3-5025. Books. Every recorder shall keep the
1543+24 following books or computer databases:
1544+
1545+
1546+
1547+
1548+
1549+ SB2227 Enrolled - 44 - LRB103 28861 AWJ 55246 b
1550+
1551+
1552+SB2227 Enrolled- 45 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 45 - LRB103 28861 AWJ 55246 b
1553+ SB2227 Enrolled - 45 - LRB103 28861 AWJ 55246 b
1554+1 1. An entry book, in which the recorder he or she
1555+2 shall, immediately on the receipt of any instrument to be
1556+3 recorded or filed, enter, in the order of its reception,
1557+4 the names of the parties thereto, its date, the day of the
1558+5 month, hour and year of receiving the same, and a brief
1559+6 description of the premises, indorsing upon each
1560+7 instrument a number corresponding with the number of such
1561+8 entry.
1562+9 2. A grantor's index, in which shall be entered the
1563+10 name of each grantor, in alphabetical order, the name of
1564+11 the grantee, date of the instrument, time of receipt, kind
1565+12 of instrument, consideration, the book and page in which
1566+13 it is recorded, or the number under which it is filed, and
1567+14 a brief description of the premises.
1568+15 3. A grantee's index, in which shall be entered the
1569+16 name of each grantee, in alphabetical order, the name of
1570+17 the grantor, date of the instrument, time of receipt, kind
1571+18 of instrument, consideration, the book and page in which
1572+19 it is recorded, or the number under which it is filed, and
1573+20 a brief description of the premises.
1574+21 4. An index to each book or computer database of
1575+22 record, in which shall be entered, in alphabetical order,
1576+23 the name of each grantor and grantee, and the page number
1577+24 in which or reference number to which the instrument is
1578+25 recorded.
1579+26 5. When required by the county board, an abstract
1580+
1581+
1582+
1583+
1584+
1585+ SB2227 Enrolled - 45 - LRB103 28861 AWJ 55246 b
1586+
1587+
1588+SB2227 Enrolled- 46 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 46 - LRB103 28861 AWJ 55246 b
1589+ SB2227 Enrolled - 46 - LRB103 28861 AWJ 55246 b
1590+1 book, which shall show by tracts every conveyance or
1591+2 incumbrance recorded, the date of the instrument, time of
1592+3 filing the same, the book and page where the same is
1593+4 recorded; which book shall be so kept as to show a true
1594+5 chain of title to each tract and the incumbrances thereon,
1595+6 as shown by the records of the his office.
1596+7 6. An index to recorded maps, plats and subdivisions,
1597+8 such index to be made by description of land mapped, or
1598+9 subdivided by range, township, Section, quarter-section,
1599+10 etc.
1600+11 7. An index showing in alphabetical order the names of
1601+12 the parties against whom judgments have been rendered or
1602+13 made and transcripts or memoranda of such judgments have
1603+14 been recorded, and the parties named in notices recorded
1604+15 pursuant to Section 1 of "An Act concerning constructive
1605+16 notice of condemnation proceedings, proceedings to sell
1606+17 real property of decedents to pay debts, or other suits
1607+18 seeking equitable relief involving real property, and
1608+19 proceedings in bankruptcy" approved June 11, 1917, as
1609+20 amended.
1610+21 8. An index of all ordinances, petitions, assessment
1611+22 rolls, orders, judgments or other documents filed or
1612+23 recorded in respect of any drainage or special assessment
1613+24 matter sufficient to enable the public to identify all
1614+25 tracts involved therein and to locate all the documents
1615+26 which have been filed or recorded. The recorder may
1616+
1617+
1618+
1619+
1620+
1621+ SB2227 Enrolled - 46 - LRB103 28861 AWJ 55246 b
1622+
1623+
1624+SB2227 Enrolled- 47 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 47 - LRB103 28861 AWJ 55246 b
1625+ SB2227 Enrolled - 47 - LRB103 28861 AWJ 55246 b
1626+1 solicit the assistance of the State Records Commission in
1627+2 organizing and indexing these documents.
1628+3 Any recorder may install or contract for the use of a
1629+4 computerized system that will permit automated entry and
1630+5 indexing, alphabetically by document, of instruments filed in
1631+6 the his or her office and that will provide both quick search
1632+7 and retrieval of such entries and hard copy print output,
1633+8 whether on paper, optical disk media, or microfilm, of such
1634+9 entries as indexed. If such a computerized system has been in
1635+10 use in the his or her office for at least 6 months and the
1636+11 recorder determines that it provides accurate and reliable
1637+12 indices that may be stored as permanent records, more quickly
1638+13 and efficiently than the system previously used, the recorder
1639+14 may thereafter discontinue the use of the manual system and
1640+15 use only the computerized system for such indices. In that
1641+16 event, references in this Division to books, records or forms
1642+17 as relate to such indices are intended to encompass and refer
1643+18 to the computer system and all materials and forms directly
1644+19 related to that system and its proper use.
1645+20 This Section is subject to the Local Records Act.
1646+21 (Source: P.A. 88-661, eff. 9-16-94.)
1647+22 (55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
1648+23 Sec. 3-5029. Map, plat or subdivision of land; penalty. No
1649+24 person shall offer or present for recording or record any map,
1650+25 plat or subdivision of land situated in any incorporated city,
1651+
1652+
1653+
1654+
1655+
1656+ SB2227 Enrolled - 47 - LRB103 28861 AWJ 55246 b
1657+
1658+
1659+SB2227 Enrolled- 48 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 48 - LRB103 28861 AWJ 55246 b
1660+ SB2227 Enrolled - 48 - LRB103 28861 AWJ 55246 b
1661+1 town or village, nor within 1 1/2 miles of the corporate limits
1662+2 of any incorporated city, town or village which has adopted a
1663+3 city plan and is exercising the special powers authorized by
1664+4 Division 12 of Article 11 of the Illinois Municipal Code, as
1665+5 now or hereafter amended, and not included in any municipality
1666+6 unless the map, plat or subdivision is under the seal of a
1667+7 registered Illinois land surveyor and unless it is entitled to
1668+8 record as provided in Sections 11-15-1 and 11-12-3 of the
1669+9 Illinois Municipal Code, as now or hereafter amended. Any map,
1670+10 plat or subdivision of land presented for recording shall have
1671+11 attached thereto or endorsed thereon the Certificate of an
1672+12 Illinois Registered Land Surveyor that the land is or is not
1673+13 within any incorporated city, town or village, nor within 1
1674+14 1/2 miles of the corporate limits of any incorporated city,
1675+15 town or village which has adopted a city plan and is exercising
1676+16 the special powers authorized by Division 12 of Article 11 of
1677+17 the Illinois Municipal Code, as now or hereafter amended, and
1678+18 not included in any municipality. No person shall offer or
1679+19 present for recording or record any subdivision plat of any
1680+20 lands bordering on or including any public waters of the State
1681+21 in which the State of Illinois has any property rights or
1682+22 property interests, unless such subdivision plat is under the
1683+23 seal of a registered Illinois Land Surveyor and is approved by
1684+24 the Department of Natural Resources, nor shall any person
1685+25 offer or present for recording or record any map, plat or
1686+26 subdivision of lands, without indicating whether any part of
1687+
1688+
1689+
1690+
1691+
1692+ SB2227 Enrolled - 48 - LRB103 28861 AWJ 55246 b
1693+
1694+
1695+SB2227 Enrolled- 49 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 49 - LRB103 28861 AWJ 55246 b
1696+ SB2227 Enrolled - 49 - LRB103 28861 AWJ 55246 b
1697+1 which as shown on the map, plat or subdivision is located
1698+2 within a special flood hazard area as identified by the
1699+3 Federal Emergency Management Agency nor shall any person offer
1700+4 or present for recording or record any map, plat or
1701+5 subdivision of land situated outside any incorporated city,
1702+6 town or village unless the map, plat or subdivision is under
1703+7 the seal of a registered Illinois land surveyor, and unless it
1704+8 is entitled to record as provided in Section 5-1045, however,
1705+9 the provisions of this Section shall not apply to any street or
1706+10 highway survey map or plat. Any person who records, or who
1707+11 offers or presents for recording, which offer or presentation
1708+12 results in a recording of, any map, plat or subdivision of land
1709+13 which the person he knows to be in violation of this Section
1710+14 shall pay to the county the sum of $1,000 $200, to be recovered
1711+15 in the circuit court, in the name of the state, for the use of
1712+16 the county, with costs of suit.
1713+17 (Source: P.A. 89-445, eff. 2-7-96.)
1714+18 (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
1715+19 Sec. 3-5031. Penalty. If any recorder shall willfully fail
1716+20 to perform any duty imposed upon the recorder him by this
1717+21 Division, the recorder he shall be guilty of malfeasance in
1718+22 office, and shall be punished accordingly, and shall be liable
1719+23 to the party injured for all damages occasioned thereby.
1720+24 (Source: P.A. 95-877, eff. 1-1-09.)
1721+
1722+
1723+
1724+
1725+
1726+ SB2227 Enrolled - 49 - LRB103 28861 AWJ 55246 b
1727+
1728+
1729+SB2227 Enrolled- 50 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 50 - LRB103 28861 AWJ 55246 b
1730+ SB2227 Enrolled - 50 - LRB103 28861 AWJ 55246 b
1731+1 (55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
1732+2 Sec. 3-5033. County to furnish books, equipment and
1733+3 supplies. The county board of each county shall from time to
1734+4 time, as may be necessary, provide the recorder of such county
1735+5 with well-bound and properly ruled books, and where
1736+6 photostating, optical disk storage, or microfilming is used,
1737+7 the recorder shall likewise be furnished all such equipment
1738+8 (such as computers, printers, and scanners) and supplies
1739+9 necessary to the execution of the duties of the his office.
1740+10 They may procure books of printed forms to be filled up in the
1741+11 recording of any instrument, when the same may be done without
1742+12 interlineation or erasure, and shall in all cases, when
1743+13 practicable, procure the necessary index and abstract books
1744+14 with printed headings. The cost of such books, equipment and
1745+15 supplies shall be chargeable against the surplus fees of the
1746+16 office, or paid by the county.
1747+17 (Source: P.A. 88-661, eff. 9-16-94.)
1748+18 (55 ILCS 5/3-5036.5)
1749+19 Sec. 3-5036.5. Exchange of information for child support
1750+20 enforcement.
1751+21 (a) The recorder Recorder shall exchange with the
1752+22 Department of Healthcare and Family Services information that
1753+23 may be necessary for the enforcement of child support orders
1754+24 entered pursuant to the Illinois Public Aid Code, the Illinois
1755+25 Marriage and Dissolution of Marriage Act, the Non-Support of
1756+
1757+
1758+
1759+
1760+
1761+ SB2227 Enrolled - 50 - LRB103 28861 AWJ 55246 b
1762+
1763+
1764+SB2227 Enrolled- 51 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 51 - LRB103 28861 AWJ 55246 b
1765+ SB2227 Enrolled - 51 - LRB103 28861 AWJ 55246 b
1766+1 Spouse and Children Act, the Non-Support Punishment Act, the
1767+2 Revised Uniform Reciprocal Enforcement of Support Act, the
1768+3 Uniform Interstate Family Support Act, the Illinois Parentage
1769+4 Act of 1984, or the Illinois Parentage Act of 2015.
1770+5 (b) Notwithstanding any provisions in this Code to the
1771+6 contrary, the recorder Recorder shall not be liable to any
1772+7 person for any disclosure of information to the Department of
1773+8 Healthcare and Family Services (formerly Illinois Department
1774+9 of Public Aid) under subsection (a) or for any other action
1775+10 taken in good faith to comply with the requirements of
1776+11 subsection (a).
1777+12 (Source: P.A. 99-85, eff. 1-1-16.)
1778+13 (55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
1779+14 Sec. 3-5037. Instruments to be re-recorded; fee; penalty.
1780+15 In all cases where the records of any county have been or shall
1781+16 hereafter be destroyed by fire or other casualty, it shall be
1782+17 the duty of the recorder of such county to re-record all deeds,
1783+18 mortgages or other instruments in writing which may have been
1784+19 recorded or filed for record prior to the destruction of such
1785+20 records, together with the certificates of such original
1786+21 recording, that may be filed in the his office for
1787+22 re-recording; and the recorder may charge and receive, as a
1788+23 fee for re-recording such deeds, mortgages and other
1789+24 instruments aforesaid, and the certificate of such recording,
1790+25 5 for each 100 words or fractions thereof, and no more; and
1791+
1792+
1793+
1794+
1795+
1796+ SB2227 Enrolled - 51 - LRB103 28861 AWJ 55246 b
1797+
1798+
1799+SB2227 Enrolled- 52 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 52 - LRB103 28861 AWJ 55246 b
1800+ SB2227 Enrolled - 52 - LRB103 28861 AWJ 55246 b
1801+1 any recorder who shall charge a greater fee than the
1802+2 foregoing, or who shall refuse to re-record such instruments
1803+3 in writing, for the fee aforesaid, shall be deemed guilty of
1804+4 malfeasance in office, and subject to all the penalties
1805+5 prescribed by law for such offense.
1806+6 (Source: P.A. 86-962.)
1807+7 (55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
1808+8 Sec. 3-5038. Judgment dockets. In all counties where a
1809+9 recorder is elected in which the recorder has heretofore been,
1810+10 or shall hereafter be required by the county board to keep
1811+11 abstract books showing by tract every conveyance or
1812+12 incumbrance recorded, the date of the instrument, the time of
1813+13 filing same, the book and page where the same is recorded, and
1814+14 showing a true chain of title to each tract and the
1815+15 incumbrances thereon, as shown by the records of the his
1816+16 office, such recorder shall and he is hereby authorized to
1817+17 keep judgment dockets and indexes thereto, showing all
1818+18 judicial proceedings affecting title to real estate in such
1819+19 county, tax sale books with indexes thereto, showing sales or
1820+20 forfeitures of all lands in the county for unpaid taxes and
1821+21 assessments, and such other books as are usual or necessary to
1822+22 be kept for the purpose of making complete abstracts of title
1823+23 to real estate; and the county board shall furnish such
1824+24 recorder with the necessary rooms, books, stationery, fuel and
1825+25 lights for the purposes herein set forth: Provided, that
1826+
1827+
1828+
1829+
1830+
1831+ SB2227 Enrolled - 52 - LRB103 28861 AWJ 55246 b
1832+
1833+
1834+SB2227 Enrolled- 53 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 53 - LRB103 28861 AWJ 55246 b
1835+ SB2227 Enrolled - 53 - LRB103 28861 AWJ 55246 b
1836+1 nothing in this Division shall be construed to empower the
1837+2 recorder to prevent the public from examining and taking
1838+3 memoranda from all records and instruments filed for record,
1839+4 indexes and other books in the recorder's his official
1840+5 custody, but it shall be the recorder's his duty at all times,
1841+6 when the his office is or is required by law to be open, to
1842+7 allow all persons without fee or reward to examine and take
1843+8 memoranda from the same. This Section is subject to the
1844+9 provisions of the "The Local Records Act".
1845+10 (Source: P.A. 86-962.)
1846+11 (55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
1847+12 Sec. 3-5045. Scope of liability in connection with Uniform
1848+13 Commercial Code. No recorder nor any of the recorder's his
1849+14 employees or agents shall be subject to personal liability by
1850+15 reason of any error or omission in the performance of any duty
1851+16 under Article 9 of the Uniform Commercial Code except in case
1852+17 of willful wilful negligence.
1853+18 (Source: P.A. 86-962.)
1854+19 (55 ILCS 5/4-12002.3 new)
1855+20 Sec. 4-12002.3. Predictable fee schedule for recordings in
1856+21 third class counties.
1857+22 (a) The fees of the recorder in counties of the third class
1858+23 for recording deeds or other instruments in writing and maps
1859+24 of plats of additions, subdivisions, or otherwise and for
1860+
1861+
1862+
1863+
1864+
1865+ SB2227 Enrolled - 53 - LRB103 28861 AWJ 55246 b
1866+
1867+
1868+SB2227 Enrolled- 54 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 54 - LRB103 28861 AWJ 55246 b
1869+ SB2227 Enrolled - 54 - LRB103 28861 AWJ 55246 b
1870+1 certifying copies of records shall be paid in advance and
1871+2 shall conform to this Section. The fees or surcharges shall
1872+3 not, unless otherwise provided in this Section, be based on
1873+4 the individual attributes of a document to be recorded,
1874+5 including, but not limited to, page count; number, length, or
1875+6 type of legal descriptions; number of tax identification or
1876+7 other parcel-identifying code numbers; number of common
1877+8 addresses; number of references contained as to other recorded
1878+9 documents or document numbers; or any other individual
1879+10 attribute of the document. The fees charged under this Section
1880+11 shall be inclusive of all county and State fees that the county
1881+12 may elect or is required to impose or adjust, including, but
1882+13 not limited to, GIS fees, automation fees, document storage
1883+14 fees, and the Rental Housing Support Program State and county
1884+15 surcharges.
1885+16 (b) A county of the third class shall adopt and implement,
1886+17 by ordinance or resolution, a predictable fee schedule as
1887+18 provided in subsection (c) that eliminates surcharges or fees
1888+19 based on the individual attributes of a document to be
1889+20 recorded. If a county has previously adopted an ordinance or
1890+21 resolution adopting a predictable fee schedule, the county
1891+22 must adopt an ordinance or resolution revising that
1892+23 predictable fee schedule to be consistent with this Section.
1893+24 After a document class predictable fee is approved by a county
1894+25 board consistent with this Section, the county board may, by
1895+26 ordinance or resolution, increase the document class
1896+
1897+
1898+
1899+
1900+
1901+ SB2227 Enrolled - 54 - LRB103 28861 AWJ 55246 b
1902+
1903+
1904+SB2227 Enrolled- 55 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 55 - LRB103 28861 AWJ 55246 b
1905+ SB2227 Enrolled - 55 - LRB103 28861 AWJ 55246 b
1906+1 predictable fee and collect the increased fees if the
1907+2 established fees are not sufficient to cover the costs of
1908+3 providing the services related to the document class for which
1909+4 the fee is to be increased.
1910+5 For the purposes of the fee charged, the ordinance or
1911+6 resolution shall divide documents into the classifications
1912+7 specified in subsection (c), and shall establish a single,
1913+8 all-inclusive county and State-imposed aggregate predictable
1914+9 fee charged for each classification of document at the time of
1915+10 recording for that document. Each document, unless otherwise
1916+11 provided in this Section, shall fall within one of the
1917+12 document class predictable fee classifications set by
1918+13 subsection (c), and fees for each document class shall be
1919+14 charged only as allowed by this Section.
1920+15 Before approval of an ordinance or resolution under this
1921+16 subsection that creates or modifies a predictable fee
1922+17 schedule, the recorder or county clerk shall post a notice in
1923+18 the recorder's or clerk's office at least 2 weeks prior, but
1924+19 not more than 4 weeks prior, to the public meeting at which the
1925+20 ordinance or resolution may be adopted. The notice shall
1926+21 contain the proposed ordinance or resolution number, if any,
1927+22 the proposed document class predictable fees for each
1928+23 classification, and a reference to this Section and this
1929+24 amendatory Act of the 103rd General Assembly. A predictable
1930+25 fee schedule takes effect 60 days after an ordinance or
1931+26 resolution is adopted, unless the fee schedule was previously
1932+
1933+
1934+
1935+
1936+
1937+ SB2227 Enrolled - 55 - LRB103 28861 AWJ 55246 b
1938+
1939+
1940+SB2227 Enrolled- 56 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 56 - LRB103 28861 AWJ 55246 b
1941+ SB2227 Enrolled - 56 - LRB103 28861 AWJ 55246 b
1942+1 created and the ordinance or resolution is a modification
1943+2 allowed under this Section.
1944+3 Nothing in this Section precludes a county board from
1945+4 adjusting amounts or allocations within a given document class
1946+5 predictable fee when the document class predictable fee is not
1947+6 increased or precludes an alternate predictable fee schedule
1948+7 for electronic recording within each of the classifications
1949+8 under subsection (c).
1950+9 If the Rental Housing Support Program State surcharge is
1951+10 amended and the surcharge is increased or lowered, the
1952+11 aggregate amount of the document predictable fee attributable
1953+12 to the surcharge in the document may be changed accordingly.
1954+13 If any fee or surcharge is changed by State statute, the county
1955+14 may increase the document class fees by the same amount
1956+15 without any cost study.
1957+16 (c) A predictable fee schedule ordinance or resolution
1958+17 adopted under this Section shall list document fees, including
1959+18 document class predictable fees. The document classes shall be
1960+19 as follows:
1961+20 (1) Deeds. The aggregate fee for recording deeds shall
1962+21 not be less than $39 (being a minimum $21 county fee plus
1963+22 $18 for the Rental Housing Support Program State
1964+23 surcharge). Inclusion of language in the deed as to any
1965+24 restriction; covenant; lien; oil, gas, or other mineral
1966+25 interest; easement; lease; or a mortgage shall not alter
1967+26 the classification of a document as a deed.
1968+
1969+
1970+
1971+
1972+
1973+ SB2227 Enrolled - 56 - LRB103 28861 AWJ 55246 b
1974+
1975+
1976+SB2227 Enrolled- 57 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 57 - LRB103 28861 AWJ 55246 b
1977+ SB2227 Enrolled - 57 - LRB103 28861 AWJ 55246 b
1978+1 (2) Leases, lease amendments, and similar transfer of
1979+2 interest documents. The aggregate fee for recording
1980+3 leases, lease amendments, and similar transfers of
1981+4 interest documents shall not be less than $39 (being a
1982+5 minimum $21 county fee plus $18 for the Rental Housing
1983+6 Support Program State surcharge).
1984+7 (3) Mortgages. The aggregate fee for recording
1985+8 mortgages, including assignments, extensions, amendments,
1986+9 subordinations, and mortgage releases shall not be less
1987+10 than $39 (being a minimum $21 county fee plus $18 for the
1988+11 Rental Housing Support Program State surcharge).
1989+12 (4) Easements not otherwise part of another
1990+13 classification. The aggregate fee for recording easements
1991+14 not otherwise part of another classification, including
1992+15 assignments, extensions, amendments, and easement releases
1993+16 not filed by a State agency, unit of local government, or
1994+17 school district, shall not be less than $39 (being a
1995+18 minimum $21 county fee plus $18 for the Rental Housing
1996+19 Support Program State surcharge).
1997+20 (5) Irregular documents. Any document presented that
1998+21 does not conform to the following standards, even if it
1999+22 may qualify for another document class, may be recorded
2000+23 under this document class (5) if the irregularity allows a
2001+24 legible reproduction of the document presented:
2002+25 (A) The document shall consist of one or more
2003+26 individual sheets measuring 8.5 inches by 11 inches,
2004+
2005+
2006+
2007+
2008+
2009+ SB2227 Enrolled - 57 - LRB103 28861 AWJ 55246 b
2010+
2011+
2012+SB2227 Enrolled- 58 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 58 - LRB103 28861 AWJ 55246 b
2013+ SB2227 Enrolled - 58 - LRB103 28861 AWJ 55246 b
2014+1 not permanently bound, and not a continuous form.
2015+2 Graphic displays accompanying a document to be
2016+3 recorded that measure up to 11 inches by 17 inches
2017+4 shall be recorded without charging an additional fee.
2018+5 (B) The document shall be legibly printed in black
2019+6 ink by hand, type, or computer. Signatures and dates
2020+7 may be in contrasting colors if they will reproduce
2021+8 clearly.
2022+9 (C) The document shall be on white paper of not
2023+10 less than 20-pound weight and shall have a clean
2024+11 margin of at least one-half inch on the top, the
2025+12 bottom, and each side. Margins may be used only for
2026+13 non-essential notations that will not affect the
2027+14 validity of the document, including, but not limited
2028+15 to, form numbers, page numbers, and customer
2029+16 notations.
2030+17 (D) The first page of the document shall contain a
2031+18 blank space, measuring at least 3 inches by 5 inches,
2032+19 from the upper right corner.
2033+20 (E) The document shall not have any attachment
2034+21 stapled or otherwise affixed to any page.
2035+22 The aggregate fee for recording an irregular document
2036+23 shall not be less than $39 (being a minimum $21 county fee
2037+24 plus $18 for the Rental Housing Support Program State
2038+25 surcharge).
2039+26 (6) Blanket recordings. For any document that makes
2040+
2041+
2042+
2043+
2044+
2045+ SB2227 Enrolled - 58 - LRB103 28861 AWJ 55246 b
2046+
2047+
2048+SB2227 Enrolled- 59 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 59 - LRB103 28861 AWJ 55246 b
2049+ SB2227 Enrolled - 59 - LRB103 28861 AWJ 55246 b
2050+1 specific reference to more than 5 tax parcels or property
2051+2 identification numbers, or makes reference to 5 or more
2052+3 document numbers, the aggregate fee shall be not less than
2053+4 $39 (being a minimum $21 county fee plus $18 for the Rental
2054+5 Housing Support Program State surcharge). A county may
2055+6 adopt by ordinance and publish with its fee schedule an
2056+7 additional fee or formula for each parcel, property
2057+8 identification number, or document reference, above 5,
2058+9 contained in an accepted document.
2059+10 (7) Miscellaneous. The aggregate fee for recording
2060+11 documents not otherwise falling within classifications
2061+12 under paragraphs (1) through (6) and are not otherwise
2062+13 exempted documents shall not be less than $39 (being a
2063+14 minimum $21 county fee plus $18 for the Rental Housing
2064+15 Support Program State surcharge).
2065+16 (d) For recording maps or plats of additions,
2066+17 subdivisions, or otherwise (including the spreading of the
2067+18 same of record in well bound books), $100 plus $2 for each
2068+19 tract, parcel, or lot contained in the map or plat.
2069+20 (e) Documents presented that meet the following criteria
2070+21 shall be charged as otherwise provided by law or ordinance:
2071+22 (1) a document recorded pursuant to the Uniform
2072+23 Commercial Code; or
2073+24 (2) a State lien or a federal lien.
2074+25 Notwithstanding any other provision in this Section: (i)
2075+26 the maximum fee that may be collected from the Department of
2076+
2077+
2078+
2079+
2080+
2081+ SB2227 Enrolled - 59 - LRB103 28861 AWJ 55246 b
2082+
2083+
2084+SB2227 Enrolled- 60 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 60 - LRB103 28861 AWJ 55246 b
2085+ SB2227 Enrolled - 60 - LRB103 28861 AWJ 55246 b
2086+1 Revenue for filing or indexing a lien, certificate of lien
2087+2 release or subordination, or any other type of notice or other
2088+3 documentation affecting or concerning a lien is $5; and (ii)
2089+4 the maximum fee that may be collected from the Department of
2090+5 Revenue for indexing each additional name in excess of one for
2091+6 any lien, certificate of lien release or subordination, or any
2092+7 other type of notice or other documentation affecting or
2093+8 concerning a lien is $1.
2094+9 (f) For recording any document that affects an interest in
2095+10 real property, other than documents which solely affect or
2096+11 relate to an easement for water, sewer, electricity, gas,
2097+12 telephone, or other public service, the recorder shall charge
2098+13 a minimum fee of $1 per document to all filers of documents not
2099+14 filed by any State agency, any unit of local government, or any
2100+15 school district. Half of the fee shall be deposited into the
2101+16 county general revenue fund. The remaining half shall be
2102+17 deposited into the County Recorder Document Storage System
2103+18 Fund and may not be appropriated or expended for any other
2104+19 purpose. The additional amounts available to the recorder for
2105+20 expenditure from the County Recorder Document Storage System
2106+21 Fund shall not offset or reduce any other county
2107+22 appropriations or funding for the office of the recorder.
2108+23 (g) For certified and non-certified copies of records, the
2109+24 recorder and county may set a predictable fee for all copies
2110+25 that does not exceed the highest total recording fee in any
2111+26 established document classes, unless the copy fee is otherwise
2112+
2113+
2114+
2115+
2116+
2117+ SB2227 Enrolled - 60 - LRB103 28861 AWJ 55246 b
2118+
2119+
2120+SB2227 Enrolled- 61 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 61 - LRB103 28861 AWJ 55246 b
2121+ SB2227 Enrolled - 61 - LRB103 28861 AWJ 55246 b
2122+1 provided in statute or ordinance. The total fee for a
2123+2 certified copy of a map or plat of an addition, subdivision, or
2124+3 otherwise may not exceed $200.
2125+4 The fees allowed under this subsection apply to all
2126+5 records, regardless of when they were recorded, based on
2127+6 current recording fees. These predictable fees for certified
2128+7 and non-certified copies shall apply to portions of documents
2129+8 and to copies provided in any format, including paper,
2130+9 microfilm, or electronic. A county may adopt a per-line
2131+10 pricing structure for copies of information in database
2132+11 format.
2133+12 (h) As provided under subsection (c), the recorder shall
2134+13 collect an $18 Rental Housing Support Program State surcharge
2135+14 for the recordation of any real estate-related document.
2136+15 Payment of the Rental Housing Support Program State surcharge
2137+16 shall be evidenced by a receipt that shall be marked upon or
2138+17 otherwise affixed to the real estate-related document by the
2139+18 recorder. The form of this receipt shall be prescribed by the
2140+19 Department of Revenue and the receipts shall be issued by the
2141+20 Department of Revenue to each county recorder.
2142+21 The recorder shall not collect the Rental Housing Support
2143+22 Program State surcharge from any State agency, unit of local
2144+23 government, or school district.
2145+24 On the 15th day of each month, each county recorder shall
2146+25 report to the Department of Revenue, on a form prescribed by
2147+26 the Department, the number of real estate-related documents
2148+
2149+
2150+
2151+
2152+
2153+ SB2227 Enrolled - 61 - LRB103 28861 AWJ 55246 b
2154+
2155+
2156+SB2227 Enrolled- 62 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 62 - LRB103 28861 AWJ 55246 b
2157+ SB2227 Enrolled - 62 - LRB103 28861 AWJ 55246 b
2158+1 recorded for which the Rental Housing Support Program State
2159+2 surcharge was collected. Each recorder shall submit $18 of
2160+3 each surcharge collected in the preceding month to the
2161+4 Department of Revenue and the Department shall deposit these
2162+5 amounts in the Rental Housing Support Program Fund. Subject to
2163+6 appropriation, amounts in the Fund may be expended only for
2164+7 the purpose of funding and administering the Rental Housing
2165+8 Support Program.
2166+9 As used in this subsection, "real estate-related document"
2167+10 means that term as it is defined in Section 7 of the Rental
2168+11 Housing Support Program Act.
2169+12 (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
2170+13 Sec. 4-12003. Fees of county clerk in third class
2171+14 counties. The fees of the county clerk in counties of the third
2172+15 class are:
2173+16 For issuing each civil union or marriage license, sealing,
2174+17 filing and recording the same and the certificate thereto (one
2175+18 charge), a fee to be determined by the county board of the
2176+19 county, not to exceed $75, which shall be the same, whether for
2177+20 a civil union or marriage license. $5 from all civil union and
2178+21 marriage license fees shall be remitted by the clerk to the
2179+22 State Treasurer for deposit into the Domestic Violence Fund.
2180+23 For taking, certifying to and sealing the acknowledgment
2181+24 of a deed, power of attorney, or other writing, $1.
2182+25 For filing and entering certificates in case of estrays,
2183+
2184+
2185+
2186+
2187+
2188+ SB2227 Enrolled - 62 - LRB103 28861 AWJ 55246 b
2189+
2190+
2191+SB2227 Enrolled- 63 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 63 - LRB103 28861 AWJ 55246 b
2192+ SB2227 Enrolled - 63 - LRB103 28861 AWJ 55246 b
2193+1 and furnishing notices for publication thereof (one charge),
2194+2 $1.50.
2195+3 For recording all papers and documents required by law to
2196+4 be recorded in the office of the county clerk, $2 plus 30 for
2197+5 every 100 words in excess of 600 words.
2198+6 For certificate and seal, not in a case in a court whereof
2199+7 he is clerk, $1.
2200+8 For making and certifying a copy of any record or paper in
2201+9 his office, $2 for every page.
2202+10 For filing papers in his office, 50 for each paper filed,
2203+11 except that no fee shall be charged for filing a Statement of
2204+12 economic interest pursuant to the Illinois Governmental Ethics
2205+13 Act or reports made pursuant to Article 9 of The Election Code.
2206+14 For making transcript of taxable property for the
2207+15 assessors, 8 for each tract of land or town lot. For extending
2208+16 other than State and county taxes, 8 for each tax on each
2209+17 tract or lot, and 8 for each person's personal tax, to be paid
2210+18 by the authority for whose benefit the transcript is made and
2211+19 the taxes extended. The county clerk shall certify to the
2212+20 county collector the amount due from each authority for such
2213+21 services and the collector in his settlement with such
2214+22 authority shall reserve such amount from the amount payable by
2215+23 him to such authority.
2216+24 For adding and bringing forward with current tax warrants
2217+25 amounts due for forfeited or withdrawn special assessments, 8
2218+26 for each lot or tract of land described and transcribed.
2219+
2220+
2221+
2222+
2223+
2224+ SB2227 Enrolled - 63 - LRB103 28861 AWJ 55246 b
2225+
2226+
2227+SB2227 Enrolled- 64 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 64 - LRB103 28861 AWJ 55246 b
2228+ SB2227 Enrolled - 64 - LRB103 28861 AWJ 55246 b
2229+1 For computing and extending each assessment or installment
2230+2 thereof and interest, 8 on each description; and for
2231+3 computing and extending each penalty, 8 on each description.
2232+4 These fees shall be paid by the city, village, or taxing body
2233+5 for whose benefit the transcript is made and the assessment
2234+6 and penalties are extended. The county clerk shall certify to
2235+7 the county collector the amount due from each city, village or
2236+8 taxing body, for such services, and the collector in his
2237+9 settlement with such taxing body shall reserve such amount
2238+10 from the amount payable by him to such city, village or other
2239+11 taxing body.
2240+12 For cancelling certificates of sale, $4 for each tract or
2241+13 lot.
2242+14 For making search and report of general taxes and special
2243+15 assessments for use in the preparation of estimate of cost of
2244+16 redemption from sales or forfeitures or withdrawals or for use
2245+17 in the preparation of estimate of cost of purchase of
2246+18 forfeited property, or for use in preparation of order on the
2247+19 county collector for searches requested by buyers at annual
2248+20 tax sale, for each lot or tract, $4 for the first year
2249+21 searched, and $2 for each additional year or fraction thereof.
2250+22 For preparing from tax search report estimate of cost of
2251+23 redemption concerning property sold, forfeited or withdrawn
2252+24 for non-payment of general taxes and special assessments, if
2253+25 any, $1 for each lot or tract.
2254+26 For certificate of deposit for redemption, $4.
2255+
2256+
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2258+
2259+
2260+ SB2227 Enrolled - 64 - LRB103 28861 AWJ 55246 b
2261+
2262+
2263+SB2227 Enrolled- 65 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 65 - LRB103 28861 AWJ 55246 b
2264+ SB2227 Enrolled - 65 - LRB103 28861 AWJ 55246 b
2265+1 For preparing from tax search report estimate of and order
2266+2 to county collector to receive amount necessary to redeem or
2267+3 purchase lands or lots forfeited for non-payment of general
2268+4 taxes, $3 for each lot or tract.
2269+5 For preparing from tax search report estimate of and order
2270+6 to county collector to receive amount necessary to redeem or
2271+7 purchase lands or lots forfeited for non-payment of special
2272+8 assessments, $4 for each lot or tract.
2273+9 For issuing certificate of sale of forfeited property,
2274+10 $10.
2275+11 For noting on collector's warrants tax sales subject to
2276+12 redemption, 20 for each tract or lot of land, to be paid by
2277+13 either the person making the redemption from tax sale, the
2278+14 person surrendering the certificate of sale for cancellation,
2279+15 or the person taking out tax deed.
2280+16 For noting on collector's warrant special assessments
2281+17 withdrawn from collection 20 for each tract or lot of land, to
2282+18 be charged against the lot assessed in the withdrawn special
2283+19 assessment when brought forward with current tax or when
2284+20 redeemed by the county clerk. The county clerk shall certify
2285+21 to the county collector the amount due from each city, village
2286+22 or taxing body for such fees, each year, and the county
2287+23 collector in his settlement with such taxing body shall
2288+24 reserve such amount from the amount payable by him to such
2289+25 taxing body.
2290+26 For taking and approving official bond of a town assessor,
2291+
2292+
2293+
2294+
2295+
2296+ SB2227 Enrolled - 65 - LRB103 28861 AWJ 55246 b
2297+
2298+
2299+SB2227 Enrolled- 66 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 66 - LRB103 28861 AWJ 55246 b
2300+ SB2227 Enrolled - 66 - LRB103 28861 AWJ 55246 b
2301+1 filing and recording same, and issuing certificate of election
2302+2 or qualification to such official or to the Secretary of
2303+3 State, $10, to be paid by the officer-elect.
2304+4 For certified copies of plats, 20 for each lot shown in
2305+5 copy, but no charge less than $4.
2306+6 For tax search and issuing Statement regarding same on new
2307+7 plats to be recorded, $10.
2308+8 For furnishing written description in conformity with
2309+9 permanent real estate index number, $2 for each written
2310+10 description.
2311+11 The following fees shall be allowed for services in
2312+12 matters of taxes and assessments, and shall be charged as
2313+13 costs against the delinquent property, and collected with the
2314+14 taxes thereon:
2315+15 For entering judgment, 8 for each tract or lot.
2316+16 For services in attending the tax sale and issuing
2317+17 certificates of sale and sealing the same, $10 for each tract
2318+18 or lot.
2319+19 For making list of delinquent lands and town lots sold, to
2320+20 be filed with the State Comptroller, 10 for each tract or lot
2321+21 sold.
2322+22 The following fees shall be audited and allowed by the
2323+23 board of county commissioners and paid from the county
2324+24 treasury.
2325+25 For computing State or county taxes, on each description
2326+26 of real estate and each person's, firm's or corporation's
2327+
2328+
2329+
2330+
2331+
2332+ SB2227 Enrolled - 66 - LRB103 28861 AWJ 55246 b
2333+
2334+
2335+SB2227 Enrolled- 67 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 67 - LRB103 28861 AWJ 55246 b
2336+ SB2227 Enrolled - 67 - LRB103 28861 AWJ 55246 b
2337+1 personal property tax, for each extension of each tax, 4,
2338+2 which shall include the transcribing of the collector's books.
2339+3 For computing, extending and bringing forward, and adding
2340+4 to the current tax, the amount due for general taxes on lands
2341+5 and lots previously forfeited to the State, for each extension
2342+6 of each tax, 4 for the first year, and for computing and
2343+7 extending the tax and penalty for each additional year, 6.
2344+8 For making duplicate or triplicate sets of books,
2345+9 containing transcripts of taxable property, for the board of
2346+10 assessors and board of review, 3 for each description entered
2347+11 in each book.
2348+12 For filing, indexing and recording or binding each birth,
2349+13 death or stillbirth certificate or report, 15, which fee
2350+14 shall be in full for all services in connection therewith,
2351+15 including the keeping of accounts with district registrars.
2352+16 For posting new subdivisions or plats in official atlases,
2353+17 25 for each lot.
2354+18 For compiling new sheets for atlases, 20 for each lot.
2355+19 For compiling new atlases, including necessary record
2356+20 searches, 25 for each lot.
2357+21 For investigating and reporting on each new plat, referred
2358+22 to county clerk, $2.
2359+23 For attending sessions of the board of county
2360+24 commissioners thereof, $5 per day, for each clerk in
2361+25 attendance.
2362+26 For recording proceedings of the board of county
2363+
2364+
2365+
2366+
2367+
2368+ SB2227 Enrolled - 67 - LRB103 28861 AWJ 55246 b
2369+
2370+
2371+SB2227 Enrolled- 68 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 68 - LRB103 28861 AWJ 55246 b
2372+ SB2227 Enrolled - 68 - LRB103 28861 AWJ 55246 b
2373+1 commissioners, 15 per 100 words.
2374+2 For filing papers which must be kept in office of
2375+3 comptroller of Cook County, 10 for each paper filed.
2376+4 For filing and indexing contracts, bonds, communications,
2377+5 and other such papers which must be kept in office of
2378+6 comptroller of Cook County, 15 for each document.
2379+7 For swearing any person to necessary affidavits relating
2380+8 to the correctness of claims against the county, 25.
2381+9 For issuing warrants in payment of salaries, supplies and
2382+10 other accounts, and all necessary auditing and bookkeeping
2383+11 work in connection therewith, 10 each.
2384+12 The fee requirements of this Section do not apply to units
2385+13 of local government or school districts.
2386+14 The fees listed in this Section apply only when a county
2387+15 board has not adjusted them by ordinance or otherwise set by
2388+16 law.
2389+17 (Source: P.A. 97-4, eff. 5-31-11.)
2390+18 (55 ILCS 5/3-5017 rep.)
2391+19 (55 ILCS 5/3-5018 rep.)
2392+20 (55 ILCS 5/3-5018.1 rep.)
2393+21 (55 ILCS 5/4-12002 rep.)
2394+22 (55 ILCS 5/4-12002.1 rep.)
2395+23 Section 10. The Counties Code is amended by repealing
2396+24 Sections 3-5017, 3-5018, 3-5018.1, 4-12002, and 4-12002.1.
2397+25 Section 99. Effective date. This Act takes effect January
2398+
2399+
2400+
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2404+
2405+
2406+SB2227 Enrolled- 69 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 69 - LRB103 28861 AWJ 55246 b
2407+ SB2227 Enrolled - 69 - LRB103 28861 AWJ 55246 b
2408+1 1, 2024.
2409+
2410+
2411+
2412+
2413+
2414+ SB2227 Enrolled - 69 - LRB103 28861 AWJ 55246 b