Bill Text: IL SB2227 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Reinserts the provisions of the introduced bill with the following changes. Restores language requiring a recorder to be commissioned by the Governor. Restores a language repealing provisions on January 1, 2024 relating to mechanics lien demands and a referral pilot program. Provides that a recorder may waive the fee for reasonable requests for additional copies (rather than waive the fee for additional copies) if the recorder deems collecting the fee to be a burden to the county and waives the fee for all such requests. Provides that the recorder shall indorse on an instrument in writing that is recorded in the recorder's office the time when the instrument was accepted for recordation (rather than accepted or received for recordation). Makes other changes. Further amends the Counties Code. Adds nonstandard document predictable fees to the predictable fee schedules for recording deeds and other instruments. Makes changes relating to classification of documents for filing, procedures to increase a predictable fee, and certified and non-certified fees. Repeals the existing provisions regarding predictable fee schedules and nonstandard document fees. Effective January 1, 2024 (rather than immediately).

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0400 [SB2227 Detail]

Download: Illinois-2023-SB2227-Chaptered.html



Public Act 103-0400
SB2227 EnrolledLRB103 28861 AWJ 55246 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-5001, 3-5002, 3-5003, 3-5004, 3-5005, 3-5005.1,
3-5005.2, 3-5005.3, 3-5005.4, 3-5006, 3-5007, 3-5008, 3-5009,
3-5010, 3-5010.5, 3-5010.8, 3-5011, 3-5012, 3-5013, 3-5014,
3-5015, 3-5016, 3-5019, 3-5020, 3-5020.5, 3-5021, 3-5024,
3-5025, 3-5029, 3-5031, 3-5033, 3-5036.5, 3-5037, 3-5038,
3-5045, 4-12003 and by adding Sections 3-5018.2 and 4-12002.3
as follows:
(55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
Sec. 3-5001. County clerk as recorder; election of
recorder. The county clerk in counties having a population of
less than 60,000 inhabitants shall be the recorder in the
clerk's his county.
In counties having a population of 60,000 or more
inhabitants, there shall be elected a recorder, as provided by
law, who shall hold his office until a his successor is
qualified.
If the population of any county in which a recorder has
been elected decreases to less than 60,000, the voters of that
county shall continue to elect a recorder if the county board
adopts a resolution to continue the office of an elected
recorder.
(Source: P.A. 86-962; 86-1028.)
(55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
Sec. 3-5002. Bond. Every recorder, whether elected as such
or holding the office of recorder in addition to the office of
county clerk as hereinbefore provided, shall, before entering
upon the duties of the his or her office, give bonds (or, if
the county is self-insured, the county through its
self-insurance program may provide bonding), with sufficient
security to be approved by the circuit court, payable to the
People of the State of Illinois, in the penal sum of $10,000
(except that in counties having a population of 60,000 or more
inhabitants the penalty of the bond shall be $20,000),
conditioned for the faithful discharge of the recorder's his
or her duties, and to deliver up all papers, books, records and
other things appertaining to the his or her office, whole,
safe and undefaced, when lawfully required so to do - which
bond shall be filed in the office of the Secretary of State,
and a copy thereof filed of record in the court.
(Source: P.A. 88-387.)
(55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
Sec. 3-5003. Oath. Each recorder, before entering upon the
duties of the his office, shall take and subscribe to the oath
or affirmation prescribed by Section 3, Article XIII of the
Constitution, which shall be filed with the county clerk.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
Sec. 3-5004. Commencement of duties. The recorder shall
enter upon the duties of the his office on the first day in the
month of December following the recorder's his election on
which the office of the recorder is required, by statute or by
action of the county board, to be open. The recorder He shall
be commissioned by the Governor.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
Sec. 3-5005. Functions, powers and duties of recorder. The
functions and powers of the recorders shall be uniform in the
various counties of this State. The recorder has those
functions, powers, and duties as provided in this Division the
Sections following this Section and preceding Section 3-5006.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
Sec. 3-5005.1. Appointment of deputies, assistants and
personnel. The recorder shall appoint his deputies,
assistants, and personnel to assist the recorder him in the
performance of the recorder's his duties.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
Sec. 3-5005.2. Internal operations of office. The recorder
shall have the right to control the internal operations of the
his office; to procure necessary equipment, materials and
services to perform the duties of the his office. The recorder
Recorder shall have the right to select the computer or
micrographic system to be used for document storage and
retrieval. The recorder Recorder may retain the services of
management or consulting firms to establish or maintain such a
system.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3)
Sec. 3-5005.3. Monthly report of financial status. The
recorder shall file a monthly report with the county clerk
summarizing the financial status of the his office in such
form as shall be determined by the county board.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4)
Sec. 3-5005.4. Deposit of fee income; special funds. The
recorder shall deposit in the office of the county treasurer
monthly by the 10th day of the month following, all fee income.
The recorder may maintain the following special funds from
which the county board shall authorize payment by voucher
between board meetings:
(a) Overpayments.
(b) Reasonable amount needed during the succeeding
accounting period to pay office expenses, postage, freight,
express or similar charges.
(c) Excess earnings from the sale of revenue stamps to be
maintained in a fund to be used for the purchase of additional
stamps from the Illinois Department of Revenue.
(d) Fund to pay necessary travel, dues and other expenses
incurred in attending workshops, educational seminars and
organizational meetings established for the purpose of
providing in-service training.
(e) Trust funds and for such other purposes as may be
provided for by law.
(f) Such other funds as may be authorized by the county
board. The recorder shall make accounting monthly to the
county board through the county clerk of all special funds
maintained by the recorder him in the discharge of the
recorder's his duties.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
Sec. 3-5006. Appointment of deputies in writing.
Appointments of deputies shall be in writing, and entered upon
the records of the his office.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007)
Sec. 3-5007. Oath of deputies. Each deputy shall, before
entering upon the deputy's duties of his office, take and
subscribe an oath or affirmation, in like form as is required
of the recorder, which shall be filed in the office of the
recorder.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
Sec. 3-5008. Powers of deputies. Deputy recorders duly
appointed and qualified may perform any and all duties of the
recorder in the name of the recorder, and the acts of such
deputies shall be held to be the acts of the recorder, and in
case of the death of the recorder or the recorder's his
deposition from office, the chief deputy shall thereupon
become the acting recorder until such vacancy shall be filled
according to the The Election Code, and the chief deputy he
shall file a like bond and be vested with the same powers and
subject to the same responsibilities and entitled to the same
compensation as in case of recorder. Provided, that if the
recorder is called into the active military service of the
United States, the his office shall not be deemed to be vacant
during the time the recorder he is in the active military
service of the United States, but during the time the recorder
he is in such active military service of the United States the
chief deputy recorder shall be the recorder, and shall perform
and discharge all of the duties of the recorder in such county,
and shall be paid the same compensation as provided by law for
the recorder of the county unless compensated at a higher rate
than the recorder as chief deputy, apportioned as to the time
of service, and the chief such deputy recorder shall cease to
be the recorder upon the discharge of said recorder from the
active military service of the United States; and provided
further, that the chief deputy recorder, upon becoming the
temporary recorder during the absence of the recorder in the
active military service of the United States, shall give bond
as required of a regularly elected recorder.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
Sec. 3-5009. Recorder liable for deputies. The recorder
shall be liable for any neglect or omission of the duties of
the his office, when occasioned by a deputy, in the same manner
as for the recorder's his own personal neglect or omission.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)
Sec. 3-5010. Duties of recorder. Every recorder shall, as
soon as practicable after the receipt of any instrument in
writing in the his office, entitled to be recorded, record the
same at length in the order of time of its reception, in well
bound books or computer databases to be provided for that
purpose. In counties of 500,000 or more inhabitants, the
recorder may microphotograph or otherwise reproduce on film
any of such instruments in the manner provided by law. In
counties of less than 500,000 inhabitants, the recorder may
cause to be microphotographed or otherwise reproduced on film
any of such instruments or electronic method of storage. When
any such instrument is reproduced on film or electronic method
of storage, the film or electronic method of storage shall
comply with the minimum standards of quality approved for
records of the State Records Commission and the device used to
reproduce the records on the film or electronic method of
storage shall be one which accurately reproduces the contents
of the original.
(Source: P.A. 97-757, eff. 7-6-12.)
(55 ILCS 5/3-5010.5)
Sec. 3-5010.5. Fraud referral and review.
(a) Legislative findings. The General Assembly finds that
property fraud, including fraudulent filings intended to cloud
or fraudulently transfer title to property by recording false
or altered documents and deeds, is a rapidly growing problem
throughout the State. In order to combat the increase in the
number of these filings, a recorder may establish a process to
review and refer documents suspected to be fraudulent.
(b) Definitions. The terms "recording" and "filing" are
used interchangeably in this Section.
(c) Establishment and use of a fraud referral and review
process. A recorder who establishes a fraud referral and
review process under the provisions of this Section may use it
to review deeds and instruments and refer any of them to an
administrative law judge for review pursuant to subsection (g)
of this Section that cause the recorder to reasonably believe
that the filing may be fraudulent, unlawfully altered, or
intended to unlawfully cloud or transfer the title of any real
property. The recorder may enter into an intergovernmental
agreement with local law enforcement officials for the
purposes of this referral and review. A recorder may request
that the Secretary of the Department of Financial and
Professional Regulation assist in reviewing possible
fraudulent filings. Upon request, the Secretary, or the
Secretary's his or her designee, shall assist in identifying
the validity of filings. The recorder shall notify the
Secretary when a document suspected to be fraudulent is
discovered.
In counties with a population of less than 3 million, a
recorder shall provide public notice 90 days before the
establishment of the fraud referral and review process. The
notice shall include a statement of the recorder's intent to
create a fraud referral and review process and shall be
published in a newspaper of general circulation in the county
and, if feasible, posted on the recorder's website and at the
recorder's office or offices.
In determining whether to refer a document to an
administrative law judge for review, a recorder may take into
consideration any of the following factors:
(1) whether the owner of the property or owner's his
or her designated representative has reported to the
recorder that another individual is attempting or has
attempted to record a fraudulent deed or other instrument
upon the property;
(2) whether a law enforcement official has contacted
the recorder indicating that the law enforcement official
he or she has probable cause to suspect title or recording
fraud;
(3) whether the filer's name has a copyright attached
to it or the property owner's name has nonstandard
punctuation attached to it;
(4) whether the documents assert fines that do not
exist or have no basis under current law or that require
payment in gold or silver;
(5) whether the documents are maritime liens, or liens
under the Federal Maritime Lien Act or the Preferred Ship
Mortgage Act, or not authorized by the United States Coast
Guard;
(6) whether the documents are land patents not
authorized and certified by the United States Department
of the Interior Bureau of Land Management;
(7) whether the documents are representing that the
subject of the lien is releasing itself from a lien held by
another entity, with no apparent cooperation or
authorization provided by the lienholder;
(8) whether the documents are protesting or disputing
a foreclosure proceeding that are not filed within the
foreclosure suit and with the court presiding over the
matter;
(9) whether the documents are Uniform Commercial Code
filings referencing birth certificates or other private
records that are not in compliance with Section 9-501 of
the Uniform Commercial Code;
(10) whether the documents are re-recording deeds to
re-notarize or attach notary certification if prior
notarization already appears unaltered on the document of
record;
(11) whether the documents are asserting diplomatic
credentials or immunity, non-United States citizenship, or
independence from the laws of the United States;
(12) whether the documents are claims that a bank
cannot hold title after a foreclosure;
(13) whether the documents are deeds not properly
signed by the last legal owner of record or the owner's
court-appointed his or her court appointed representative
or attorney-in-fact under a power of attorney;
(14) whether the documents are manipulated or altered
federal or State legal or court forms that release a lien;
(15) whether a document is not related to a valid
existing or potential adverse transaction, existing lien,
or judgment of a court of competent jurisdiction;
(16) a document that is not related to a valid
existing or potential commercial or financial transaction,
existing agricultural or other lien, or judgment of a
court of competent jurisdiction;
(17) whether the document is filed with the intent to
harass or defraud the person identified in the record or
any other person;
(18) whether the document is filed with the intent to
harass or defraud any member of a governmental office,
including, but not limited to, the recorder's office,
local government offices, the State of Illinois, or the
Federal government; and
(19) whether the documents are previous court
determinations, including a previous determination by a
court of competent jurisdiction that a particular document
is fraudulent, invalid, or forged.
(d) Determinations. If a recorder determines, after review
by legal staff and counsel, that a deed or instrument that is
recorded in the grantor's index or the grantee's index may be
fraudulent, unlawfully altered, or intended to unlawfully
cloud or transfer the title of any real property, the recorder
he or she shall refer the deed or instrument to an
administrative law judge for review pursuant to subsection (g)
of this Section. The recorder shall record a Notice of
Referral in the grantor's index or the grantee's index
identifying the document, corresponding document number in
question, and the date of referral. The recorder shall also
notify the parties set forth in subsection (e) of this
Section. The recorder may, at the recorder's his or her
discretion, notify law enforcement officials regarding a
filing determined to be fraudulent, unlawfully altered, or
intended to unlawfully cloud or transfer the title of any real
property.
(e) Notice. The recorder shall use county property tax
records to identify and provide notice to the last owner of
record by telephone, if available, and certified mail both
when: (1) a deed or instrument has been referred for review and
determination; and (2) a final determination has been made
regarding the deed or instrument. Notice, by mail, shall also
be sent to the physical address of the property associated
with the deed or instrument.
(f) Administrative decision. The recorder's decision to
add a Notice of Referral and refer a document for review is a
final administrative decision that is subject to review by the
circuit court of the county where the real property is located
under the Administrative Review Law. The standard of review by
the circuit court shall be de novo.
(g) Referral and review process. Prior to referral, the
recorder shall notify the last owner of record of the document
or documents suspected to be fraudulent. The person, entity,
or legal representative thereof shall confirm in writing the
person's, entity's, or legal representative's his or her
belief that a document or documents are suspected to be
fraudulent and may request that the recorder refer the case
for review. Upon request, the recorder shall bring a case to
its county department of administrative hearings and, within
10 business days after receipt, an administrative law judge
shall schedule a hearing to occur no later than 30 days after
receiving the referral. The referral and case shall clearly
identify the person, persons, or entity believed to be the
last true owner of record as the petitioner. Notice of the
hearing shall be provided by the administrative law judge to
the filer, or the party represented by the filer, of the
suspected fraudulent document, the legal representative of the
recorder of deeds who referred the case, and the last owner of
record, as identified in the referral.
If clear and convincing evidence shows the document in
question to be fraudulent, the administrative law judge shall
rule the document to be fraudulent and forward the judgment to
all the parties identified in this subsection. Upon receiving
notice of the judgment of fraud, the recorder shall, within 5
business days, record a new document that includes a copy of
the judgment in front of the Notice of Referral that shall
clearly state that the document in question has been found to
be fraudulent and shall not be considered to affect the chain
of title of the property in any way.
If the administrative law judge finds the document to be
legitimate, the recorder shall, within 5 business days after
receiving notice, record a copy of the judgment.
A decision by an administrative law judge shall not
preclude a State's attorney or sheriff from proceeding with a
criminal investigation or criminal charges. If a county does
not have an administrative law judge that specializes in
public records, one shall be appointed within 3 months after
the effective date of this amendatory Act of the 98th General
Assembly, or the original case shall be forwarded to the
proper circuit court with jurisdiction.
Nothing in this Section precludes a private right of
action by any party with an interest in the property affected
by the review and referral, or the filer of the document or
documents suspected to be fraudulent. Nothing in this Section
requires a person or entity who may have had a fraudulent
document or encumbrance filed against the person's or entity's
his or her property to use the fraud review and referral
process or administrative review created by this Section.
(h) Fees. The recorder shall retain any filing fees
associated with filing a deed or instrument that is determined
to be fraudulent, unlawfully altered, or intended to
unlawfully cloud or transfer the title of any real property
under this Section.
(i) Liability. Neither a recorder nor any of the
recorder's his or her employees or agents shall be subject to
personal liability by reason of any error or omission in the
performance of any duty under this Section, except in case of
willful or wanton conduct. Neither the recorder nor any of the
recorder's his or her employees shall incur liability for the
referral or review, or failure to refer or review, a document
or instrument under this Section.
(j) Applicability. This Section applies only to filings
provided to the recorder on and after the effective date of
this amendatory Act of the 98th General Assembly.
(k) (Blank).
(Source: P.A. 100-276, eff. 8-22-17.)
(55 ILCS 5/3-5010.8)
(Section scheduled to be repealed on January 1, 2024)
Sec. 3-5010.8. Mechanics lien demand and referral pilot
program.
(a) Legislative findings. The General Assembly finds that
expired mechanics liens on residential property, which cloud
title to property, are a rapidly growing problem throughout
the State. In order to address the increase in expired
mechanics liens and, more specifically, those that have not
been released by the lienholder, a recorder may establish a
process to demand and refer mechanics liens that have been
recorded but not litigated or released in accordance with the
Mechanics Lien Act to an administrative law judge for
resolution or demand that the lienholder commence suit or
forfeit the lien.
(b) Definitions. As used in this Section:
"Demand to Commence Suit" means the written demand
specified in Section 34 of the Mechanics Lien Act.
"Mechanics lien" and "lien" are used interchangeably in
this Section.
"Notice of Expired Mechanics Lien" means the notice a
recorder gives to a property owner under subsection (d)
informing the property owner of an expired lien.
"Notice of Referral" means the document referring a
mechanics lien to a county's code hearing unit.
"Recording" and "filing" are used interchangeably in this
Section.
"Referral" or "refer" means a recorder's referral of a
mechanics lien to a county's code hearing unit to obtain a
determination as to whether a recorded mechanics lien is
valid.
"Residential property" means real property improved with
not less than one nor more than 4 residential dwelling units; a
residential condominium unit, including, but not limited to,
the common elements allocated to the exclusive use of the
condominium unit that form an integral part of the condominium
unit and any parking unit or units specified by the
declaration to be allocated to a specific residential
condominium unit; or a single tract of agriculture real estate
consisting of 40 acres or less that is improved with a
single-family residence. If a declaration of condominium
ownership provides for individually owned and transferable
parking units, "residential property" does not include the
parking unit of a specified residential condominium unit
unless the parking unit is included in the legal description
of the property against which the mechanics lien is recorded.
(c) Establishment of a mechanics lien demand and referral
process. After a public hearing, a recorder in a county with a
code hearing unit may adopt rules establishing a mechanics
lien demand and referral process for residential property. A
recorder shall provide public notice 90 days before the public
hearing. The notice shall include a statement of the
recorder's intent to create a mechanics lien demand and
referral process and shall be published in a newspaper of
general circulation in the county and, if feasible, be posted
on the recorder's website and at the recorder's office or
offices.
(d) Notice of Expired Lien. If a recorder determines,
after review by legal staff or counsel, that a mechanics lien
recorded in the grantor's index or the grantee's index is an
expired lien, the recorder shall serve a Notice of Expired
Lien by certified mail to the last known address of the owner.
The owner or legal representative of the owner of the
residential property shall confirm in writing the owner's or
legal representative's his or her belief that the lien is not
involved in pending litigation and, if there is no pending
litigation, as verified and confirmed by county court records,
the owner may request that the recorder proceed with a
referral or serve a Demand to Commence Suit.
For the purposes of this Section, a recorder shall
determine if a lien is an expired lien. A lien is expired if a
suit to enforce the lien has not been commenced or a
counterclaim has not been filed by the lienholder within 2
years after the completion date of the contract as specified
in the recorded mechanics lien. The 2-year period shall be
increased to the extent that an automatic stay under Section
362(a) of the United States Bankruptcy Code stays a suit or
counterclaim to foreclose the lien. If a work completion date
is not specified in the recorded lien, then the work
completion date is the date of recording of the mechanics
lien.
(e) Demand to Commence Suit. Upon receipt of an owner's
confirmation that the lien is not involved in pending
litigation and a request for the recorder to serve a Demand to
Commence Suit, the recorder shall serve a Demand to Commence
Suit on the lienholder of the expired lien as provided in
Section 34 of the Mechanics Lien Act. A recorder may request
that the Secretary of State assist in providing registered
agent information or obtain information from the Secretary of
State's registered business database when the recorder seeks
to serve a Demand to Commence suit on the lienholder. Upon
request, the Secretary of State, or the Secretary of State's
his or her designee, shall provide the last known address or
registered agent information for a lienholder who is
incorporated or doing business in the State. The recorder must
record a copy of the Demand to Commence suit in the grantor's
index or the grantee's index identifying the mechanics lien
and include the corresponding document number and the date of
demand. The recorder may, at the recorder's his or her
discretion, notify the Secretary of State regarding a Demand
to Commence suit determined to involve a company, corporation,
or business registered with that office.
When the lienholder commences a suit or files an answer
within 30 days or the lienholder records a release of lien with
the county recorder as required by subsection (a) of Section
34 of the Mechanics Lien Act, then the demand and referral
process is completed for the recorder for that property. If
service under this Section is responded to consistent with
Section 34 of the Mechanics Lien Act, the recorder may not
proceed under subsection (f). If no response is received
consistent with Section 34 of the Mechanics Lien Act, the
recorder may proceed under subsection (f).
(f) Referral. Upon receipt of an owner's confirmation that
the lien is not involved in pending litigation and a request
for the recorder to proceed with a referral, the recorder
shall: (i) file the Notice of Referral with the county's code
hearing unit; (ii) identify and notify the lienholder by
telephone, if available, of the referral and send a copy of the
Notice of Referral by certified mail to the lienholder using
information included in the recorded mechanics lien or the
last known address or registered agent received from the
Secretary of State or obtained from the Secretary of State's
registered business database; (iii) send a copy of the Notice
of Referral by mail to the physical address of the property
owner associated with the lien; and (iv) record a copy of the
Notice of Referral in the grantor's index or the grantee's
index identifying the mechanics lien and include the
corresponding document number. The Notice of Referral shall
clearly identify the person, persons, or entity believed to be
the owner, assignee, successor, or beneficiary of the lien.
The recorder may, at the recorder's his or her discretion,
notify the Secretary of State regarding a referral determined
to involve a company, corporation, or business registered with
that office.
No earlier than 30 business days after the date the
lienholder is required to respond to a Demand to Commence Suit
under Section 34 of the Mechanics Lien Act, the code hearing
unit shall schedule a hearing to occur at least 30 days after
sending notice of the date of hearing. Notice of the hearing
shall be provided by the county recorder, by and through the
recorder's his or her representative, to the filer, or the
party represented by the filer, of the expired lien, the legal
representative of the recorder of deeds who referred the case,
and the last owner of record, as identified in the Notice of
Referral.
If the recorder shows by clear and convincing evidence
that the lien in question is an expired lien, the
administrative law judge shall rule the lien is forfeited
under Section 34.5 of the Mechanics Lien Act and that the lien
no longer affects the chain of title of the property in any
way. The judgment shall be forwarded to all parties identified
in this subsection. Upon receiving judgment of a forfeited
lien, the recorder shall, within 5 business days, record a
copy of the judgment in the grantor's index or the grantee's
index.
If the administrative law judge finds the lien is not
expired, the recorder shall, no later than 5 business days
after receiving notice of the decision of the administrative
law judge, record a copy of the judgment in the grantor's index
or the grantee's index.
A decision by an administrative law judge is reviewable
under the Administrative Review Law, and nothing in this
Section precludes a property owner or lienholder from
proceeding with a civil action to resolve questions concerning
a mechanics lien.
A lienholder or property owner may remove the action from
the code hearing unit to the circuit court as provided in
subsection (i).
(g) Final administrative decision. The recorder's decision
to refer a mechanics lien or serve a Demand to Commence Suit is
a final administrative decision that is subject to review
under the Administrative Review Law by the circuit court of
the county where the real property is located. The standard of
review by the circuit court shall be consistent with the
Administrative Review Law.
(h) Liability. A recorder and the recorder's his or her
employees or agents are not subject to personal liability by
reason of any error or omission in the performance of any duty
under this Section, except in the case of willful or wanton
conduct. The recorder and the recorder's his or her employees
or agents are not liable for the decision to refer a lien or
serve a Demand to Commence Suit, or failure to refer or serve a
Demand to Commence Suit, of a lien under this Section.
(i) Private actions; use of demand and referral process.
Nothing in this Section precludes a private right of action by
any party with an interest in the property affected by the
mechanics lien or a decision by the code hearing unit. Nothing
in this Section requires a person or entity who may have a
mechanics lien recorded against the person's or entity's his
or her property to use the mechanics lien demand and referral
process created by this Section.
A lienholder or property owner may remove a matter in the
referral process to the circuit court at any time prior to the
final decision of the administrative law judge by delivering a
certified notice of the suit filed in the circuit court to the
administrative law judge. Upon receipt of the certified
notice, the administrative law judge shall dismiss the matter
without prejudice. If the matter is dismissed due to removal,
then the demand and referral process is completed for the
recorder for that property. If the circuit court dismisses the
removed matter without deciding on whether the lien is expired
and without prejudice, the recorder may reinstitute the demand
and referral process under subsection (d).
(j) Repeal. This Section is repealed on January 1, 2024.
(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
(55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
Sec. 3-5011. Office to remain open during bank holiday.
Whenever an emergency exists which involves the banking or
credit structure within the State of Illinois, and which is
recognized by a proclamation by the Governor or by an act or
resolution of the General Assembly, and by such proclamation
of the Governor a public holiday has been or shall be declared,
the proclamation of such public holiday shall not require the
recorder or registrar of titles in any county in this State to
close the recorder's or registrar's his office, but every such
recorder or registrar of titles shall continue to keep the
recorder's or registrar's his office open and to operate in
the same manner as though no such public holiday had been
declared, unless in and by such proclamation the Governor of
this State shall make specific reference to the closing of
recorders' or registrars' offices in this State. The actions
of any recorder or registrar of titles performed prior to May
26, 1933 and during the continuance of any such holiday, are
validated.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
Sec. 3-5012. Recording and indexing books. Separate books
and computer databases may be kept for the recording and
indexing of different classes of instruments. Three distinct
series of document numbers may be used for recording documents
received for recordation, one series of numbers to be preceded
by the letter "b" in each case, which series shall be used only
for bills of sale of personal property, chattel mortgages and
releases, extensions and assignments, thereof, one series of
numbers to be preceded by the letter "c" in each case, which
series shall be used only for certificates of discharge of
discharged members of the military, aviation and naval forces
of the United States, and the other series of document numbers
shall be used for all other instruments received for
recordation. When three series of document numbers are thus
used, a separate place may be provided in the Recorder's
office for the receipt of each kind of documents to which such
serial numbers apply.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
Sec. 3-5013. Transcription or reproduction of written
instruments. The recorder, when recording at length
instruments in writing in the his or her office, may
transcribe the instruments in handwriting or typewriting, make
photographic or photostatic reproductions of the instruments,
or transcribe the instruments partly in handwriting or
typewriting and make photographic or photostatic reproductions
of the remaining portions of the instruments. Every document,
however, shall be filed in a complete and intelligible manner.
The recorder may not accept facsimile or other photographic or
photostatic copies of the signatures of parties executing
documents without labeling those signatures as copies unless
they are digital signatures submitted under federal or State
law. When photographic or photostatic reproductions are used,
the recorder shall first be satisfied that the reproductions
are as lasting and durable as handwritten or typewritten
copies. The reproductions may shall be upon sheets bound
together in well bound books or placed in books that are
permanently locked so that the sheets cannot be tampered with
or removed. When instruments are reproduced by
microphotography, digital scanning, or otherwise reproduced on
film as provided in this Section the reproduction thus made
shall be deemed the record for all purposes.
(Source: P.A. 86-962; 87-376.)
(55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014)
Sec. 3-5014. Mortgages or liens filed but not recorded.
Upon receipt of any mortgage, trust deed or conveyance of
personal property having the effect of a mortgage or lien upon
such property, upon which is indorsed the words, "this
instrument to be filed, but not recorded" or words of a similar
import, signed by the mortgagee, the mortgagee's his agent or
attorney, and upon payment of a fee equal to what would be
charged if the document were to be recorded, the recorder
shall mark the instrument "filed", endorse the time (including
the hour of the day) of the receipt thereof and file the same
in the his office.
Each instrument filed as above shall be numbered and
indexed by the recorder Recorder in the book wherein the
recorder he alphabetically indexes chattel mortgages and shall
refer to the number appearing on the filed instrument.
The recorder may destroy any instrument filed but not
recorded in the manner hereinabove provided, one year after
the maturity thereof as stated therein; except, no such
instrument may be destroyed until one year after the maturity
of the last extension thereof filed in the recorder's office.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
Sec. 3-5015. Certificates of discharge or release from
active duty. Certificates of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty of
honorably discharged or separated members of the military,
aviation and naval forces of the United States shall be
recorded by each recorder, free of charge, in a separate book
or computer database which shall be kept for the purpose. The
recorder in counties of over 500,000 population shall as soon
as practicable after the recording of the original discharge
certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, deliver to each of the persons
named in the discharge certificate or MEMBER-4 copy of
certificate of release or discharge from active duty, or the
person's his agent, one certified copy of the person's his
discharge certificate or MEMBER-4 copy of certificate of
release or discharge from active duty without charge.
Additional certified copies shall be furnished by the recorder
upon the payment to the recorder of a fee of $1.25, payable in
advance, for each such additional certified copy. The recorder
may waive the fee for reasonable requests for additional
copies if the recorder deems collecting the fee to be a burden
to the county, but only if the fee is waived for all reasonable
requests for additional copies under this Section.
Upon the delivery of the certificate of discharge or
MEMBER-4 copy of certificate of release or discharge from
active duty after the recordation thereof is completed, and
the delivery of one certified copy thereof to the person named
in the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty or the person's his
agent, the receipt theretofore issued by the recorder, or a
copy thereof shall be surrendered to the recorder, with a
signed statement acknowledging the receipt of the discharge
certificate or MEMBER-4 copy of certificate of release or
discharge from active duty and the certified copy thereof.
Certified copies of the certificates of discharge or
MEMBER-4 copy of certificate of release or discharge from
active duty furnished by the recorder may vary from the size of
the original, if in the judgment of the recorder, such
certified copies are complete and legible.
A military discharge form (DD-214) or any other
certificate of discharge or release from active duty document
that was issued by the United States government or any state
government in reference to those who served with an active or
inactive military reserve unit or National Guard force and
that was recorded by a County Clerk or Recorder of Deeds is not
subject to public inspection, enjoying all the protection
covered by the federal Privacy Act of 1974 or any other privacy
law. These documents shall be accessible only to the person
named in the document, the named person's dependents, the
county veterans' service officer, representatives of the
Department of Veterans' Affairs, or any person with written
authorization from the named person or the named person's
dependents. Notwithstanding any other provision in this
paragraph, these documents shall be made available for public
inspection and copying in accordance with the archival
schedule adopted by the National Archives and Records
Administration and subject to redaction of information that is
considered private under the Illinois Freedom of Information
Act, the federal Freedom of Information Act, and the federal
Privacy Act.
(Source: P.A. 101-402, eff. 8-16-19.)
(55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
Sec. 3-5016. Quarters; office hours. Every recorder
Recorder shall keep the recorder's his office at the
courthouse of the county for which the recorder was elected he
is recorder, or in counties of the second or third class in
some other suitable building provided at the county seat by
the county for which the person was elected he is recorder and
shall keep the his office open except as hereinafter provided
and attend to the duties thereof in counties of the first and
second classes from 8 o'clock A.M. to 5 o'clock P.M. of each
working day, except Saturday and Sunday, and in counties of
the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
working day, except Saturday and Sunday. The , and except in
each county of all classes such days as under any law are or
may be legal holidays in any part of the county, as regards the
presenting for payment, acceptance, maturity, protesting, or
giving notice of the dishonor of bills of exchange, bank
checks, promissory notes, or other negotiable or commercial
paper or instruments: Provided, however, that the hours of
opening and closing of the office of the recorder Recorder may
be changed and otherwise fixed and determined by the county
board of any county. Any such action taken by the county board
shall be by an appropriate resolution passed at a regular
meeting. The office of the recorder shall accept instruments
for recordation at all times during which the office is open.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5018.2 new)
Sec. 3-5018.2. Predictable fee schedule for recordings in
first and second class counties.
(a) The fees of the recorder in counties of the first and
second class for recording deeds or other instruments in
writing and maps of plats of additions, subdivisions, or
otherwise and for certifying copies of records shall be paid
in advance and shall conform to this Section. The fees or
surcharges shall not, unless otherwise provided in this
Section, be based on the individual attributes of a document
to be recorded, including, but not limited to, page count;
number, length, or type of legal descriptions; number of tax
identification or other parcel-identifying code numbers;
number of common addresses; number of references contained as
to other recorded documents or document numbers; or any other
individual attribute of the document. The fees charged under
this Section shall be inclusive of all county and State fees
that the county may elect or is required to impose or adjust,
including, but not limited to, GIS fees, automation fees,
document storage fees, and the Rental Housing Support Program
State and county surcharges.
(b) A county of the first or second class shall adopt and
implement, by ordinance or resolution, a predictable fee
schedule as provided in subsection (c) that eliminates
surcharges or fees based on the individual attributes of a
document to be recorded. If a county has previously adopted an
ordinance or resolution adopting a predictable fee schedule,
the county must adopt an ordinance or resolution revising that
predictable fee schedule to be consistent with this Section.
After a document class predictable fee is approved by a county
board consistent with this Section, the county board may, by
ordinance or resolution, increase the document class
predictable fee and collect the increased fees if the
established fees are not sufficient to cover the costs of
providing the services related to the document class for which
the fee is to be increased.
For the purposes of the fee charged, the ordinance or
resolution shall divide documents into the classifications
specified in subsection (c), and shall establish a single,
all-inclusive county and State-imposed aggregate predictable
fee charged for each classification of document at the time of
recording for that document. Each document, unless otherwise
provided in this Section, shall fall within one of the
document class predictable fee classifications set by
subsection (c), and fees for each document class shall be
charged only as allowed by this Section.
Before approval of an ordinance or resolution under this
subsection that creates or modifies a predictable fee
schedule, the recorder or county clerk shall post a notice in
the recorder's or clerk's office at least 2 weeks prior, but
not more than 4 weeks prior, to the public meeting at which the
ordinance or resolution may be adopted. The notice shall
contain the proposed ordinance or resolution number, if any,
the proposed document class predictable fees for each
classification, and a reference to this Section and this
amendatory Act of the 103rd General Assembly. A predictable
fee schedule takes effect 60 days after an ordinance or
resolution is adopted, unless the fee schedule was previously
created and the ordinance or resolution is a modification
allowed under this Section.
Nothing in this Section precludes a county board from
adjusting amounts or allocations within a given document class
predictable fee when the document class predictable fee is not
increased or precludes an alternate predictable fee schedule
for electronic recording within each of the classifications
under subsection (c).
If the Rental Housing Support Program State surcharge is
amended and the surcharge is increased or lowered, the
aggregate amount of the document predictable fee attributable
to the surcharge in the document may be changed accordingly.
If any fee or surcharge is changed by State statute, the county
may increase the document class fees by the same amount
without any cost study.
(c) A predictable fee schedule ordinance or resolution
adopted under this Section shall list document fees, including
document class predictable fees. The document classes shall be
as follows:
(1) Deeds. The aggregate fee for recording deeds shall
not be less than $31 (being a minimum $13 county fee plus
$18 for the Rental Housing Support Program State
surcharge). Inclusion of language in the deed as to any
restriction; covenant; lien; oil, gas, or other mineral
interest; easement; lease; or a mortgage shall not alter
the classification of a document as a deed.
(2) Leases, lease amendments, and similar transfer of
interest documents. The aggregate fee for recording
leases, lease amendments, and similar transfers of
interest documents shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(3) Mortgages. The aggregate fee for recording
mortgages, including assignments, extensions, amendments,
subordinations, and mortgage releases shall not be less
than $31 (being a minimum $13 county fee plus $18 for the
Rental Housing Support Program State surcharge).
(4) Easements not otherwise part of another
classification. The aggregate fee for recording easements
not otherwise part of another classification, including
assignments, extensions, amendments, and easement releases
not filed by a State agency, unit of local government, or
school district, shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(5) Irregular documents. Any document presented that
does not conform to the following standards, even if it
may qualify for another document class, may be recorded
under this document class (5) if the irregularity allows a
legible reproduction of the document presented:
(A) 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.
(B) 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.
(C) 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 only for
non-essential notations that will not affect the
validity of the document, including, but not limited
to, form numbers, page numbers, and customer
notations.
(D) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(E) The document shall not have any attachment
stapled or otherwise affixed to any page.
The aggregate fee for recording an irregular document
shall not be less than $31 (being a minimum $13 county fee
plus $18 for the Rental Housing Support Program State
surcharge).
(6) Blanket recordings. For any document that makes
specific reference to more than 5 tax parcels or property
identification numbers, or makes reference to 5 or more
document numbers, the aggregate fee shall be not less than
$31 (being a minimum $13 county fee plus $18 for the Rental
Housing Support Program State surcharge). A county may
adopt by ordinance and publish with its fee schedule an
additional fee or formula for each parcel, property
identification number, or document reference, above 5,
contained in an accepted document.
(7) Miscellaneous. The aggregate fee for recording
documents not otherwise falling within classifications
under paragraphs (1) through (6) and are not otherwise
exempted documents shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(d) For recording maps or plats of additions,
subdivisions, or otherwise (including the spreading of the
same of record in well bound books), $100 plus $2 for each
tract, parcel, or lot contained in the map or plat.
(e) Documents presented that meet the following criteria
shall be charged as otherwise provided by law or ordinance:
(1) a document recorded pursuant to the Uniform
Commercial Code; or
(2) a State lien or a federal lien.
Notwithstanding any other provision in this Section: (i)
the maximum fee that may be collected from the Department of
Revenue for filing or indexing a lien, certificate of lien
release or subordination, or any other type of notice or other
documentation affecting or concerning a lien is $5; and (ii)
the maximum fee that may be collected from the Department of
Revenue for indexing each additional name in excess of one for
any lien, certificate of lien release or subordination, or any
other type of notice or other documentation affecting or
concerning a lien is $1.
(f) For recording any document that affects an interest in
real property, other than documents which solely affect or
relate to an easement for water, sewer, electricity, gas,
telephone, or other public service, the recorder shall charge
a minimum fee of $1 per document to all filers of documents not
filed by any State agency, any unit of local government, or any
school district. Half of the fee shall be deposited into the
county general revenue fund. The remaining half shall be
deposited into the County Recorder Document Storage System
Fund and may not be appropriated or expended for any other
purpose. The additional amounts available to the recorder for
expenditure from the County Recorder Document Storage System
Fund shall not offset or reduce any other county
appropriations or funding for the office of the recorder.
(g) For certified and non-certified copies of records, the
recorder and county may set a predictable fee for all copies
that does not exceed the highest total recording fee in any
established document classes, unless the copy fee is otherwise
provided in statute or ordinance. The total fee for a
certified copy of a map or plat of an addition, subdivision, or
otherwise may not exceed $200.
The fees allowed under this subsection apply to all
records, regardless of when they were recorded, based on
current recording fees. These predictable fees for certified
and non-certified copies shall apply to portions of documents
and to copies provided in any format, including paper,
microfilm, or electronic. A county may adopt a per-line
pricing structure for copies of information in database
format.
(h) As provided under subsection (c), the recorder shall
collect an $18 Rental Housing Support Program State surcharge
for the recordation of any real estate-related document.
Payment of the Rental Housing Support Program State surcharge
shall be evidenced by a receipt that shall be marked upon or
otherwise affixed to the real estate-related document by the
recorder. The form of this receipt shall be prescribed by the
Department of Revenue and the receipts shall be issued by the
Department of Revenue to each county recorder.
The recorder shall not collect the Rental Housing Support
Program State surcharge from any State agency, unit of local
government, or school district.
On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by
the Department, the number of real estate-related documents
recorded for which the Rental Housing Support Program State
surcharge was collected. Each recorder shall submit $18 of
each surcharge collected in the preceding month to the
Department of Revenue and the Department shall deposit these
amounts in the Rental Housing Support Program Fund. Subject to
appropriation, amounts in the Fund may be expended only for
the purpose of funding and administering the Rental Housing
Support Program.
As used in this subsection, "real estate-related document"
means that term as it is defined in Section 7 of the Rental
Housing Support Program Act.
(55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
Sec. 3-5019. Monthly list of conveyances. Immediately
following each calendar month, the recorder, in counties with
less than 1,000,000 inhabitants shall, upon their request,
transmit copies of all documents, plats and deeds conveying
real property to the county clerk, the county treasurer, the
tax map department, the supervisor of assessments and the
township assessor for which the office he shall be paid by the
county the usual and customary fee charged by the recorder for
furnishing such documents.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
Sec. 3-5020. Information to accompany conveyance
documents.
(a) In counties of the first and second class no recorder
shall record any conveyance of real estate unless the
conveyance contains the name and address of the grantee for
tax billing purposes.
(b) In counties with 3,000,000 or more inhabitants, the
county recorder shall not accept for filing any deed or
assignment of beneficial interest in a land trust in a
transaction which is exempt from filing a real estate transfer
declaration under the provisions of Section 4 of the Real
Estate Transfer Tax Act, unless the deed or assignment of a
beneficial interest is accompanied by,
(1) a sworn or affirmed statement executed by the
grantor or the grantor's his agent stating that, to the
best of the grantor's or the grantor's agent's his
knowledge, the name of the grantee shown on the deed or
assignment of beneficial interest in a land trust is
either a natural person, an Illinois Corporation or
foreign corporation authorized to do business or acquire
and hold title to real estate in Illinois, a partnership
authorized to do business or acquire and hold title to
real estate in Illinois, or other entity recognized as a
person and authorized to do business or acquire and hold
title to real estate under the laws of the State of
Illinois, and
(2) a sworn or affirmed statement executed by the
grantee or the grantee's his agent verifying that the name
of the grantee shown on the deed or assignment of
beneficial interest in a land trust is either a natural
person, an Illinois corporation or foreign corporation
authorized to do business or acquire and hold title to
real estate in Illinois, a partnership authorized to do
business or acquire and hold title to real estate in
Illinois, or other entity recognized as a person and
authorized to do business or acquire and hold title to
real estate under the laws of the State of Illinois. Any
person who knowingly submits a false statement required
under this Section concerning the identity of a grantee is
guilty of a Class C misdemeanor. A second or subsequent
conviction of such offense is a Class A misdemeanor.
(c) In the event that the document of conveyance is a
trustee's deed issued under resignation by a land trustee, the
statements pursuant to paragraphs (1) and (2) of subsection
(b) shall not be required, but the trustee's deed shall
instead be accompanied by a sworn or affirmed statement
executed by the grantor land trustee stating that the
trustee's deed has been issued pursuant to resignation by the
trustee, and that the name of the grantee shown on the
trustee's deed is the name of the beneficiary of the trust as
the trustee's his name appears in the trust files as of the
date of resignation.
(Source: P.A. 86-962; 87-543; 87-1236.)
(55 ILCS 5/3-5020.5)
Sec. 3-5020.5. Information concerning recorded or filed
instruments. Each instrument recorded or filed with the
county recorder must contain the following:
(1) The name and address of the person to whom the
instrument is to be returned.
(2) The recorder's document number of any instrument (i)
referred to in the instrument being recorded or filed or (ii)
relating to the instrument being recorded or filed, such as,
without limitation, the recorder's document number of a
mortgage when the instrument being recorded or filed is a
release of that mortgage.
(3) The book and page number, if applicable, or document
number of any instrument (i) referred to in the instrument
being recorded or filed or (ii) relating to the instrument
being recorded or filed.
(Source: P.A. 88-691, eff. 1-24-95.)
(55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
Sec. 3-5021. Recording or registering instruments
transferring title to real estate or a beneficial interest in
real estate subject to a land trust. If any home rule
municipality has levied a real estate transfer tax and a
certified copy of the ordinance or resolution levying the tax,
specifying the rates and the design and denomination of stamps
evidencing payment thereof, has been on file with the county
recorder for at least 30 days, the recorder of that county may
not accept for recording or for registration under "An Act
concerning land titles", approved May 1, 1897, as amended, any
instrument transferring title to real estate in that
municipality, or the beneficial interest in real estate in
that municipality which is the subject of a land trust, for
which revenue stamps are required to be purchased under the
"Real Estate Transfer Tax Act", approved July 17, 1967, as
amended, without proof of payment of the municipal real estate
transfer tax.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
Sec. 3-5024. Certificate of time of filing. When any
instrument in writing is recorded in the recorder's office,
the recorder shall indorse upon such instrument a certificate
of the time (including the hour of the day) when the same was
received for recordation (which shall be considered the time
of recording the same), and the book and page or document
number by and in which the same is recorded. The recorder shall
sign the certificate or shall affix the recorder's his
facsimile signature thereto. A physical or electronic image of
the recorder's stamp satisfies the signature requirement for
recorded instruments prior to, on, and after the effective
date of this amendatory Act of the 102nd General Assembly.
The certificate, when signed by the recorder, or to which
the recorder he has affixed the recorder's his facsimile
signature or a physical or electronic image of the recorder's
stamp, shall be evidence of the facts therein stated.
(Source: P.A. 102-838, eff. 5-13-22.)
(55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
Sec. 3-5025. Books. Every recorder shall keep the
following books or computer databases:
1. An entry book, in which the recorder he or she
shall, immediately on the receipt of any instrument to be
recorded or filed, enter, in the order of its reception,
the names of the parties thereto, its date, the day of the
month, hour and year of receiving the same, and a brief
description of the premises, indorsing upon each
instrument a number corresponding with the number of such
entry.
2. A grantor's index, in which shall be entered the
name of each grantor, in alphabetical order, the name of
the grantee, date of the instrument, time of receipt, kind
of instrument, consideration, the book and page in which
it is recorded, or the number under which it is filed, and
a brief description of the premises.
3. A grantee's index, in which shall be entered the
name of each grantee, in alphabetical order, the name of
the grantor, date of the instrument, time of receipt, kind
of instrument, consideration, the book and page in which
it is recorded, or the number under which it is filed, and
a brief description of the premises.
4. An index to each book or computer database of
record, in which shall be entered, in alphabetical order,
the name of each grantor and grantee, and the page number
in which or reference number to which the instrument is
recorded.
5. When required by the county board, an abstract
book, which shall show by tracts every conveyance or
incumbrance recorded, the date of the instrument, time of
filing the same, the book and page where the same is
recorded; which book shall be so kept as to show a true
chain of title to each tract and the incumbrances thereon,
as shown by the records of the his office.
6. An index to recorded maps, plats and subdivisions,
such index to be made by description of land mapped, or
subdivided by range, township, Section, quarter-section,
etc.
7. An index showing in alphabetical order the names of
the parties against whom judgments have been rendered or
made and transcripts or memoranda of such judgments have
been recorded, and the parties named in notices recorded
pursuant to Section 1 of "An Act concerning constructive
notice of condemnation proceedings, proceedings to sell
real property of decedents to pay debts, or other suits
seeking equitable relief involving real property, and
proceedings in bankruptcy" approved June 11, 1917, as
amended.
8. An index of all ordinances, petitions, assessment
rolls, orders, judgments or other documents filed or
recorded in respect of any drainage or special assessment
matter sufficient to enable the public to identify all
tracts involved therein and to locate all the documents
which have been filed or recorded. The recorder may
solicit the assistance of the State Records Commission in
organizing and indexing these documents.
Any recorder may install or contract for the use of a
computerized system that will permit automated entry and
indexing, alphabetically by document, of instruments filed in
the his or her office and that will provide both quick search
and retrieval of such entries and hard copy print output,
whether on paper, optical disk media, or microfilm, of such
entries as indexed. If such a computerized system has been in
use in the his or her office for at least 6 months and the
recorder determines that it provides accurate and reliable
indices that may be stored as permanent records, more quickly
and efficiently than the system previously used, the recorder
may thereafter discontinue the use of the manual system and
use only the computerized system for such indices. In that
event, references in this Division to books, records or forms
as relate to such indices are intended to encompass and refer
to the computer system and all materials and forms directly
related to that system and its proper use.
This Section is subject to the Local Records Act.
(Source: P.A. 88-661, eff. 9-16-94.)
(55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
Sec. 3-5029. Map, plat or subdivision of land; penalty. No
person shall offer or present for recording or record any map,
plat or subdivision of land situated in any incorporated city,
town or village, nor within 1 1/2 miles of the corporate limits
of any incorporated city, town or village which has adopted a
city plan and is exercising the special powers authorized by
Division 12 of Article 11 of the Illinois Municipal Code, as
now or hereafter amended, and not included in any municipality
unless the map, plat or subdivision is under the seal of a
registered Illinois land surveyor and unless it is entitled to
record as provided in Sections 11-15-1 and 11-12-3 of the
Illinois Municipal Code, as now or hereafter amended. Any map,
plat or subdivision of land presented for recording shall have
attached thereto or endorsed thereon the Certificate of an
Illinois Registered Land Surveyor that the land is or is not
within any incorporated city, town or village, nor within 1
1/2 miles of the corporate limits of any incorporated city,
town or village which has adopted a city plan and is exercising
the special powers authorized by Division 12 of Article 11 of
the Illinois Municipal Code, as now or hereafter amended, and
not included in any municipality. No person shall offer or
present for recording or record any subdivision plat of any
lands bordering on or including any public waters of the State
in which the State of Illinois has any property rights or
property interests, unless such subdivision plat is under the
seal of a registered Illinois Land Surveyor and is approved by
the Department of Natural Resources, nor shall any person
offer or present for recording or record any map, plat or
subdivision of lands, without indicating whether any part of
which as shown on the map, plat or subdivision is located
within a special flood hazard area as identified by the
Federal Emergency Management Agency nor shall any person offer
or present for recording or record any map, plat or
subdivision of land situated outside any incorporated city,
town or village unless the map, plat or subdivision is under
the seal of a registered Illinois land surveyor, and unless it
is entitled to record as provided in Section 5-1045, however,
the provisions of this Section shall not apply to any street or
highway survey map or plat. Any person who records, or who
offers or presents for recording, which offer or presentation
results in a recording of, any map, plat or subdivision of land
which the person he knows to be in violation of this Section
shall pay to the county the sum of $1,000 $200, to be recovered
in the circuit court, in the name of the state, for the use of
the county, with costs of suit.
(Source: P.A. 89-445, eff. 2-7-96.)
(55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
Sec. 3-5031. Penalty. If any recorder shall willfully fail
to perform any duty imposed upon the recorder him by this
Division, the recorder he shall be guilty of malfeasance in
office, and shall be punished accordingly, and shall be liable
to the party injured for all damages occasioned thereby.
(Source: P.A. 95-877, eff. 1-1-09.)
(55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
Sec. 3-5033. County to furnish books, equipment and
supplies. The county board of each county shall from time to
time, as may be necessary, provide the recorder of such county
with well-bound and properly ruled books, and where
photostating, optical disk storage, or microfilming is used,
the recorder shall likewise be furnished all such equipment
(such as computers, printers, and scanners) and supplies
necessary to the execution of the duties of the his office.
They may procure books of printed forms to be filled up in the
recording of any instrument, when the same may be done without
interlineation or erasure, and shall in all cases, when
practicable, procure the necessary index and abstract books
with printed headings. The cost of such books, equipment and
supplies shall be chargeable against the surplus fees of the
office, or paid by the county.
(Source: P.A. 88-661, eff. 9-16-94.)
(55 ILCS 5/3-5036.5)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The recorder Recorder shall exchange with the
Department of Healthcare and Family Services information that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, the Illinois Parentage
Act of 1984, or the Illinois Parentage Act of 2015.
(b) Notwithstanding any provisions in this Code to the
contrary, the recorder Recorder shall not be liable to any
person for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid) under subsection (a) or for any other action
taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 99-85, eff. 1-1-16.)
(55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
Sec. 3-5037. Instruments to be re-recorded; fee; penalty.
In all cases where the records of any county have been or shall
hereafter be destroyed by fire or other casualty, it shall be
the duty of the recorder of such county to re-record all deeds,
mortgages or other instruments in writing which may have been
recorded or filed for record prior to the destruction of such
records, together with the certificates of such original
recording, that may be filed in the his office for
re-recording; and the recorder may charge and receive, as a
fee for re-recording such deeds, mortgages and other
instruments aforesaid, and the certificate of such recording,
5¢ for each 100 words or fractions thereof, and no more; and
any recorder who shall charge a greater fee than the
foregoing, or who shall refuse to re-record such instruments
in writing, for the fee aforesaid, shall be deemed guilty of
malfeasance in office, and subject to all the penalties
prescribed by law for such offense.
(Source: P.A. 86-962.)
(55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
Sec. 3-5038. Judgment dockets. In all counties where a
recorder is elected in which the recorder has heretofore been,
or shall hereafter be required by the county board to keep
abstract books showing by tract every conveyance or
incumbrance recorded, the date of the instrument, the time of
filing same, the book and page where the same is recorded, and
showing a true chain of title to each tract and the
incumbrances thereon, as shown by the records of the his
office, such recorder shall and he is hereby authorized to
keep judgment dockets and indexes thereto, showing all
judicial proceedings affecting title to real estate in such
county, tax sale books with indexes thereto, showing sales or
forfeitures of all lands in the county for unpaid taxes and
assessments, and such other books as are usual or necessary to
be kept for the purpose of making complete abstracts of title
to real estate; and the county board shall furnish such
recorder with the necessary rooms, books, stationery, fuel and
lights for the purposes herein set forth: Provided, that
nothing in this Division shall be construed to empower the
recorder to prevent the public from examining and taking
memoranda from all records and instruments filed for record,
indexes and other books in the recorder's his official
custody, but it shall be the recorder's his duty at all times,
when the his office is or is required by law to be open, to
allow all persons without fee or reward to examine and take
memoranda from the same. This Section is subject to the
provisions of the "The Local Records Act".
(Source: P.A. 86-962.)
(55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
Sec. 3-5045. Scope of liability in connection with Uniform
Commercial Code. No recorder nor any of the recorder's his
employees or agents shall be subject to personal liability by
reason of any error or omission in the performance of any duty
under Article 9 of the Uniform Commercial Code except in case
of willful wilful negligence.
(Source: P.A. 86-962.)
(55 ILCS 5/4-12002.3 new)
Sec. 4-12002.3. Predictable fee schedule for recordings in
third class counties.
(a) The fees of the recorder in counties of the third class
for recording deeds or other instruments in writing and maps
of plats of additions, subdivisions, or otherwise and for
certifying copies of records shall be paid in advance and
shall conform to this Section. The fees or surcharges shall
not, unless otherwise provided in this Section, be based on
the individual attributes of a document to be recorded,
including, but not limited to, page count; number, length, or
type of legal descriptions; number of tax identification or
other parcel-identifying code numbers; number of common
addresses; number of references contained as to other recorded
documents or document numbers; or any other individual
attribute of the document. The fees charged under this Section
shall be inclusive of all county and State fees that the county
may elect or is required to impose or adjust, including, but
not limited to, GIS fees, automation fees, document storage
fees, and the Rental Housing Support Program State and county
surcharges.
(b) A county of the third class shall adopt and implement,
by ordinance or resolution, a predictable fee schedule as
provided in subsection (c) that eliminates surcharges or fees
based on the individual attributes of a document to be
recorded. If a county has previously adopted an ordinance or
resolution adopting a predictable fee schedule, the county
must adopt an ordinance or resolution revising that
predictable fee schedule to be consistent with this Section.
After a document class predictable fee is approved by a county
board consistent with this Section, the county board may, by
ordinance or resolution, increase the document class
predictable fee and collect the increased fees if the
established fees are not sufficient to cover the costs of
providing the services related to the document class for which
the fee is to be increased.
For the purposes of the fee charged, the ordinance or
resolution shall divide documents into the classifications
specified in subsection (c), and shall establish a single,
all-inclusive county and State-imposed aggregate predictable
fee charged for each classification of document at the time of
recording for that document. Each document, unless otherwise
provided in this Section, shall fall within one of the
document class predictable fee classifications set by
subsection (c), and fees for each document class shall be
charged only as allowed by this Section.
Before approval of an ordinance or resolution under this
subsection that creates or modifies a predictable fee
schedule, the recorder or county clerk shall post a notice in
the recorder's or clerk's office at least 2 weeks prior, but
not more than 4 weeks prior, to the public meeting at which the
ordinance or resolution may be adopted. The notice shall
contain the proposed ordinance or resolution number, if any,
the proposed document class predictable fees for each
classification, and a reference to this Section and this
amendatory Act of the 103rd General Assembly. A predictable
fee schedule takes effect 60 days after an ordinance or
resolution is adopted, unless the fee schedule was previously
created and the ordinance or resolution is a modification
allowed under this Section.
Nothing in this Section precludes a county board from
adjusting amounts or allocations within a given document class
predictable fee when the document class predictable fee is not
increased or precludes an alternate predictable fee schedule
for electronic recording within each of the classifications
under subsection (c).
If the Rental Housing Support Program State surcharge is
amended and the surcharge is increased or lowered, the
aggregate amount of the document predictable fee attributable
to the surcharge in the document may be changed accordingly.
If any fee or surcharge is changed by State statute, the county
may increase the document class fees by the same amount
without any cost study.
(c) A predictable fee schedule ordinance or resolution
adopted under this Section shall list document fees, including
document class predictable fees. The document classes shall be
as follows:
(1) Deeds. The aggregate fee for recording deeds shall
not be less than $39 (being a minimum $21 county fee plus
$18 for the Rental Housing Support Program State
surcharge). Inclusion of language in the deed as to any
restriction; covenant; lien; oil, gas, or other mineral
interest; easement; lease; or a mortgage shall not alter
the classification of a document as a deed.
(2) Leases, lease amendments, and similar transfer of
interest documents. The aggregate fee for recording
leases, lease amendments, and similar transfers of
interest documents shall not be less than $39 (being a
minimum $21 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(3) Mortgages. The aggregate fee for recording
mortgages, including assignments, extensions, amendments,
subordinations, and mortgage releases shall not be less
than $39 (being a minimum $21 county fee plus $18 for the
Rental Housing Support Program State surcharge).
(4) Easements not otherwise part of another
classification. The aggregate fee for recording easements
not otherwise part of another classification, including
assignments, extensions, amendments, and easement releases
not filed by a State agency, unit of local government, or
school district, shall not be less than $39 (being a
minimum $21 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(5) Irregular documents. Any document presented that
does not conform to the following standards, even if it
may qualify for another document class, may be recorded
under this document class (5) if the irregularity allows a
legible reproduction of the document presented:
(A) 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.
(B) 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.
(C) 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 only for
non-essential notations that will not affect the
validity of the document, including, but not limited
to, form numbers, page numbers, and customer
notations.
(D) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(E) The document shall not have any attachment
stapled or otherwise affixed to any page.
The aggregate fee for recording an irregular document
shall not be less than $39 (being a minimum $21 county fee
plus $18 for the Rental Housing Support Program State
surcharge).
(6) Blanket recordings. For any document that makes
specific reference to more than 5 tax parcels or property
identification numbers, or makes reference to 5 or more
document numbers, the aggregate fee shall be not less than
$39 (being a minimum $21 county fee plus $18 for the Rental
Housing Support Program State surcharge). A county may
adopt by ordinance and publish with its fee schedule an
additional fee or formula for each parcel, property
identification number, or document reference, above 5,
contained in an accepted document.
(7) Miscellaneous. The aggregate fee for recording
documents not otherwise falling within classifications
under paragraphs (1) through (6) and are not otherwise
exempted documents shall not be less than $39 (being a
minimum $21 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(d) For recording maps or plats of additions,
subdivisions, or otherwise (including the spreading of the
same of record in well bound books), $100 plus $2 for each
tract, parcel, or lot contained in the map or plat.
(e) Documents presented that meet the following criteria
shall be charged as otherwise provided by law or ordinance:
(1) a document recorded pursuant to the Uniform
Commercial Code; or
(2) a State lien or a federal lien.
Notwithstanding any other provision in this Section: (i)
the maximum fee that may be collected from the Department of
Revenue for filing or indexing a lien, certificate of lien
release or subordination, or any other type of notice or other
documentation affecting or concerning a lien is $5; and (ii)
the maximum fee that may be collected from the Department of
Revenue for indexing each additional name in excess of one for
any lien, certificate of lien release or subordination, or any
other type of notice or other documentation affecting or
concerning a lien is $1.
(f) For recording any document that affects an interest in
real property, other than documents which solely affect or
relate to an easement for water, sewer, electricity, gas,
telephone, or other public service, the recorder shall charge
a minimum fee of $1 per document to all filers of documents not
filed by any State agency, any unit of local government, or any
school district. Half of the fee shall be deposited into the
county general revenue fund. The remaining half shall be
deposited into the County Recorder Document Storage System
Fund and may not be appropriated or expended for any other
purpose. The additional amounts available to the recorder for
expenditure from the County Recorder Document Storage System
Fund shall not offset or reduce any other county
appropriations or funding for the office of the recorder.
(g) For certified and non-certified copies of records, the
recorder and county may set a predictable fee for all copies
that does not exceed the highest total recording fee in any
established document classes, unless the copy fee is otherwise
provided in statute or ordinance. The total fee for a
certified copy of a map or plat of an addition, subdivision, or
otherwise may not exceed $200.
The fees allowed under this subsection apply to all
records, regardless of when they were recorded, based on
current recording fees. These predictable fees for certified
and non-certified copies shall apply to portions of documents
and to copies provided in any format, including paper,
microfilm, or electronic. A county may adopt a per-line
pricing structure for copies of information in database
format.
(h) As provided under subsection (c), the recorder shall
collect an $18 Rental Housing Support Program State surcharge
for the recordation of any real estate-related document.
Payment of the Rental Housing Support Program State surcharge
shall be evidenced by a receipt that shall be marked upon or
otherwise affixed to the real estate-related document by the
recorder. The form of this receipt shall be prescribed by the
Department of Revenue and the receipts shall be issued by the
Department of Revenue to each county recorder.
The recorder shall not collect the Rental Housing Support
Program State surcharge from any State agency, unit of local
government, or school district.
On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by
the Department, the number of real estate-related documents
recorded for which the Rental Housing Support Program State
surcharge was collected. Each recorder shall submit $18 of
each surcharge collected in the preceding month to the
Department of Revenue and the Department shall deposit these
amounts in the Rental Housing Support Program Fund. Subject to
appropriation, amounts in the Fund may be expended only for
the purpose of funding and administering the Rental Housing
Support Program.
As used in this subsection, "real estate-related document"
means that term as it is defined in Section 7 of the Rental
Housing Support Program Act.
(55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
Sec. 4-12003. Fees of county clerk in third class
counties. The fees of the county clerk in counties of the third
class are:
For issuing each civil union or marriage license, sealing,
filing and recording the same and the certificate thereto (one
charge), a fee to be determined by the county board of the
county, not to exceed $75, which shall be the same, whether for
a civil union or marriage license. $5 from all civil union and
marriage license fees shall be remitted by the clerk to the
State Treasurer for deposit into the Domestic Violence Fund.
For taking, certifying to and sealing the acknowledgment
of a deed, power of attorney, or other writing, $1.
For filing and entering certificates in case of estrays,
and furnishing notices for publication thereof (one charge),
$1.50.
For recording all papers and documents required by law to
be recorded in the office of the county clerk, $2 plus 30¢ for
every 100 words in excess of 600 words.
For certificate and seal, not in a case in a court whereof
he is clerk, $1.
For making and certifying a copy of any record or paper in
his office, $2 for every page.
For filing papers in his office, 50¢ for each paper filed,
except that no fee shall be charged for filing a Statement of
economic interest pursuant to the Illinois Governmental Ethics
Act or reports made pursuant to Article 9 of The Election Code.
For making transcript of taxable property for the
assessors, 8¢ for each tract of land or town lot. For extending
other than State and county taxes, 8¢ for each tax on each
tract or lot, and 8¢ for each person's personal tax, to be paid
by the authority for whose benefit the transcript is made and
the taxes extended. The county clerk shall certify to the
county collector the amount due from each authority for such
services and the collector in his settlement with such
authority shall reserve such amount from the amount payable by
him to such authority.
For adding and bringing forward with current tax warrants
amounts due for forfeited or withdrawn special assessments, 8¢
for each lot or tract of land described and transcribed.
For computing and extending each assessment or installment
thereof and interest, 8¢ on each description; and for
computing and extending each penalty, 8¢ on each description.
These fees shall be paid by the city, village, or taxing body
for whose benefit the transcript is made and the assessment
and penalties are extended. The county clerk shall certify to
the county collector the amount due from each city, village or
taxing body, for such services, and the collector in his
settlement with such taxing body shall reserve such amount
from the amount payable by him to such city, village or other
taxing body.
For cancelling certificates of sale, $4 for each tract or
lot.
For making search and report of general taxes and special
assessments for use in the preparation of estimate of cost of
redemption from sales or forfeitures or withdrawals or for use
in the preparation of estimate of cost of purchase of
forfeited property, or for use in preparation of order on the
county collector for searches requested by buyers at annual
tax sale, for each lot or tract, $4 for the first year
searched, and $2 for each additional year or fraction thereof.
For preparing from tax search report estimate of cost of
redemption concerning property sold, forfeited or withdrawn
for non-payment of general taxes and special assessments, if
any, $1 for each lot or tract.
For certificate of deposit for redemption, $4.
For preparing from tax search report estimate of and order
to county collector to receive amount necessary to redeem or
purchase lands or lots forfeited for non-payment of general
taxes, $3 for each lot or tract.
For preparing from tax search report estimate of and order
to county collector to receive amount necessary to redeem or
purchase lands or lots forfeited for non-payment of special
assessments, $4 for each lot or tract.
For issuing certificate of sale of forfeited property,
$10.
For noting on collector's warrants tax sales subject to
redemption, 20¢ for each tract or lot of land, to be paid by
either the person making the redemption from tax sale, the
person surrendering the certificate of sale for cancellation,
or the person taking out tax deed.
For noting on collector's warrant special assessments
withdrawn from collection 20¢ for each tract or lot of land, to
be charged against the lot assessed in the withdrawn special
assessment when brought forward with current tax or when
redeemed by the county clerk. The county clerk shall certify
to the county collector the amount due from each city, village
or taxing body for such fees, each year, and the county
collector in his settlement with such taxing body shall
reserve such amount from the amount payable by him to such
taxing body.
For taking and approving official bond of a town assessor,
filing and recording same, and issuing certificate of election
or qualification to such official or to the Secretary of
State, $10, to be paid by the officer-elect.
For certified copies of plats, 20¢ for each lot shown in
copy, but no charge less than $4.
For tax search and issuing Statement regarding same on new
plats to be recorded, $10.
For furnishing written description in conformity with
permanent real estate index number, $2 for each written
description.
The following fees shall be allowed for services in
matters of taxes and assessments, and shall be charged as
costs against the delinquent property, and collected with the
taxes thereon:
For entering judgment, 8¢ for each tract or lot.
For services in attending the tax sale and issuing
certificates of sale and sealing the same, $10 for each tract
or lot.
For making list of delinquent lands and town lots sold, to
be filed with the State Comptroller, 10¢ for each tract or lot
sold.
The following fees shall be audited and allowed by the
board of county commissioners and paid from the county
treasury.
For computing State or county taxes, on each description
of real estate and each person's, firm's or corporation's
personal property tax, for each extension of each tax, 4¢,
which shall include the transcribing of the collector's books.
For computing, extending and bringing forward, and adding
to the current tax, the amount due for general taxes on lands
and lots previously forfeited to the State, for each extension
of each tax, 4¢ for the first year, and for computing and
extending the tax and penalty for each additional year, 6¢.
For making duplicate or triplicate sets of books,
containing transcripts of taxable property, for the board of
assessors and board of review, 3¢ for each description entered
in each book.
For filing, indexing and recording or binding each birth,
death or stillbirth certificate or report, 15¢, which fee
shall be in full for all services in connection therewith,
including the keeping of accounts with district registrars.
For posting new subdivisions or plats in official atlases,
25¢ for each lot.
For compiling new sheets for atlases, 20¢ for each lot.
For compiling new atlases, including necessary record
searches, 25¢ for each lot.
For investigating and reporting on each new plat, referred
to county clerk, $2.
For attending sessions of the board of county
commissioners thereof, $5 per day, for each clerk in
attendance.
For recording proceedings of the board of county
commissioners, 15¢ per 100 words.
For filing papers which must be kept in office of
comptroller of Cook County, 10¢ for each paper filed.
For filing and indexing contracts, bonds, communications,
and other such papers which must be kept in office of
comptroller of Cook County, 15¢ for each document.
For swearing any person to necessary affidavits relating
to the correctness of claims against the county, 25¢.
For issuing warrants in payment of salaries, supplies and
other accounts, and all necessary auditing and bookkeeping
work in connection therewith, 10¢ each.
The fee requirements of this Section do not apply to units
of local government or school districts.
The fees listed in this Section apply only when a county
board has not adjusted them by ordinance or otherwise set by
law.
(Source: P.A. 97-4, eff. 5-31-11.)
(55 ILCS 5/3-5017 rep.)
(55 ILCS 5/3-5018 rep.)
(55 ILCS 5/3-5018.1 rep.)
(55 ILCS 5/4-12002 rep.)
(55 ILCS 5/4-12002.1 rep.)
Section 10. The Counties Code is amended by repealing
Sections 3-5017, 3-5018, 3-5018.1, 4-12002, and 4-12002.1.
Section 99. Effective date. This Act takes effect January
1, 2024.
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