SB 3749 — CNTY CD-COPIES OF RECORDS-FEES

SB3749 EngrossedEnrolled LRB096 20584 RLJ 36282 b AN ACT concerning local government.

The CountiesIllinois Municipal Code is amended by changing Section 3-501811-139-12 as follows:

(55(65 ILCS 5/3-5018)5/11-139-12) (from Ch.

34,24, par.

3-5018)11-139-12) Sec.

3-5018.11-139-12.

Fees.For the purpose of acquiring, constructing, extending, or improving any combined waterworks and sewerage system under this Division 139, or any property necessary or appropriate therefor, any municipality has the right of eminent domain, as provided by the Eminent Domain Act.

The recorderfair electedcash asmarket providedvalue forof inan existing waterworks and sewerage system, or portion thereof, acquired under this Division shall139, receivewhich suchexisting feessystem asis area orspecial use property, may be provideddetermined forby himconsidering orSection her15 byof law,Article inI caseof the Illinois Constitution, the Eminent Domain Act, and the Uniform Standards of provisionProfessional therefor:Appraisal Practice and giving due consideration to the income, cost, and market approaches to valuation based on the type and character of the assets being acquired.

otherwiseIn hemaking orthe shevaluation shalldetermination, receive the samehistorical feesand asprojected arerevenue orattributable mayto bethe providedassets, inthe thiscosts Section,of exceptthe whenassets, increasedand bythe countycondition ordinanceand pursuantremaining touseful thelife provisions of thisthe Section,assets tomay be paidconsidered towhile thegiving countydue clerkaccount forSB3749 hisEnrolled or- her2 services- inLRB096 20584 RLJ 36282 b to the officespecial use nature of recorderthe property as used for likewater services.and sewerage purposes.

Forin recordingaccordance deedswith or other instruments, $12 for the firstfollowing 4valuation pagesprinciples. thereof, plus $1 for each additional page thereof, plus $1 for each additional document number therein noted.

TheAdditionally, aggregatein minimumdetermining feethe forfair recordingcash anymarket onevalue instrumentof shallexisting notutility facilities, whether real or personal, consideration may be lessgiven thanto $12.the depreciated value of all facilities and fixtures constructed by the utility company and payments made by the utility company in connection with the acquisition or donation of any waterworks or sanitary sewage system.

ForThe recordingfair deedscash market value of existing facilities, whether real or otherpersonal, instrumentsmay whereinbe determined by utilizing the premisesnet affectedearnings therebywhich are referredattributable to bythe documentfacilities numberin andquestion notfor bythe legalpreceding description,fiscal ayear feeon ofthe $1date inthe additioncondemnation topetition thatis hereinabovefiled, referredover tothe forremaining eachuseful documentlife numberof thereinthe noted.facilities.

SB3749Said Engrossedearnings -may 2be -capitalized LRB096under 20584an RLJannuity 36282capitalization bmethod Forand recordingdiscounted assignmentsto ofpresent mortgages,value. leases or liens, $12 for the first 4 pages thereof, plus $1 for each additional page thereof.

However,The exceptfair forcash leasesmarket andvalue liensof pertainingany toextensions, oil,additions gasor andimprovements otherof minerals,the wheneverexisting asystem mortgage,made leasesubsequent orto lienthe assignmentdate assignsthat morethe thancondemnation onepetition mortgage,is leasefiled ormay lienbe document,determined aby $7utilizing feethe shallprobable benet chargedearnings forattributable to the recordingfacilities ofin eachquestion suchover mortgage,the leaseremaining orlife lienof document after the firstfacilities. one.

ForThe recordingprobable mapsearnings ormay platsbe ofcapitalized additionsunder oran subdivisionsannuity approvedcapitalization bymethod theand countydiscounted orto municipalitypresent (includingvalue. the spreading of the same of record in map case or other proper books) or plats of condominiums, $50 for the first page, plus $1 for each additional page thereof except that in the case of recording a single page, legal size 8 1/2 x 14, plat of survey in which there are no more than two lots or parcels of land, the fee shall be $12.

InThe eachvalue countyof wherethe suchland mapsand oreasements platsupon arewhich tothe befacilities recorded,are thesituated recorder may requirebe thedetermined samein toaccordance bewith accompaniedSB3749 byEnrolled such- number3 of- exact,LRB096 true20584 andRLJ legible36282 copiesb thereofthe asforegoing theprinciples, recordergiving deemsdue necessaryaccount forto the efficientspecial conductuse andof operationthe ofproperty hisfor orwater herand office.sewerage purposes.

For non-certifiedthe copiespurposes of records,this anSection amountno notprior toapproval exceed one-half of the amountIllinois providedCommerce inCommission, thisor Sectionany forother certifiedbody copies,having accordingjurisdiction toover athe standardexisting scalesystem, ofshall fees,be establishedrequired. by county ordinance and made public.

For certified copies of records, the same fees as for recording, but in no case shall the fee for a certified copy of a map or plat of an addition, subdivision or otherwise exceed SB3749 Engrossed - 3 - LRB096 20584 RLJ 36282 b $10.

Each certificate of such recorder of the recording of the deed or other writing and of the date of recording the same signed by such recorder, shall be sufficient evidence of the recording thereof, and such certificate including the indexing of record, shall be furnished upon the payment of the fee for recording the instrument, and no additional fee shall be allowed for the certificate or indexing.

The recorder shall charge an additional fee, in an amount equal to the fee otherwise provided by law, for recording a document (other than a document filed under the Plat Act or the Uniform Commercial Code) that does not conform to the following standards:

(1) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form.

Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee.

(2) The document shall be legibly printed in black ink, by hand, type, or computer.

Signatures and dates may be in contrasting colors if they will reproduce clearly.

(3) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side.

Margins may be used for non-essential notations that will SB3749 Engrossed - 4 - LRB096 20584 RLJ 36282 b not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations.

(4) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner.

(5) The document shall not have any attachment stapled or otherwise affixed to any page.

A document that does not conform to these standards shall not be recorded except upon payment of the additional fee required under this paragraph.

This paragraph, as amended by this amendatory Act of 1995, applies only to documents dated after the effective date of this amendatory Act of 1995.

The county board of any county may provide for an additional charge of $3 for filing every instrument, paper, or notice for record, (1) in order to defray the cost of converting the county recorder's document storage system to computers or micrographics and (2) in order to defray the cost of providing access to records through the global information system known as the Internet.

A special fund shall be set up by the treasurer of the county and such funds collected pursuant to Public Act 83-1321 shall be used (1) for a document storage system to provide the equipment, materials and necessary expenses incurred to help defray the costs of implementing and maintaining such a document records system and (2) for a system to provide SB3749 Engrossed - 5 - LRB096 20584 RLJ 36282 b electronic access to those records.

The county board of any county that provides and maintains a countywide map through a Geographic Information System (GIS) may provide for an additional charge of $3 for filing every instrument, paper, or notice for record (1) in order to defray the cost of implementing or maintaining the county's Geographic Information System and (2) in order to defray the cost of providing electronic access to the county's Geographic Information System records.

Of that amount, $2 must be deposited into a special fund set up by the treasurer of the county, and any moneys collected pursuant to this amendatory Act of the 91st General Assembly and deposited into that fund must be used solely for the equipment, materials, and necessary expenses incurred in implementing and maintaining a Geographic Information System and in order to defray the cost of providing electronic access to the county's Geographic Information System records.

The remaining $1 must be deposited into the recorder's special funds created under Section 3-5005.4.

The recorder may, in his or her discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of implementing or maintaining the county's Geographic Information System and to defray the cost of providing electronic access to the county's Geographic Information System records.

The recorder shall collect a $10 Rental Housing Support Program State surcharge for the recordation of any real SB3749 Engrossed - 6 - LRB096 20584 RLJ 36282 b estate-related document.

Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate-related document by the recorder.

The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder.

The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, any unit of local government or any school district.