Sen. Omar Aquino

Filed: 2/23/2018

 

 


 

 


 
10000SB0426sam001LRB100 05027 AWJ 36315 a

1
AMENDMENT TO SENATE BILL 426

2    AMENDMENT NO. ______. Amend Senate Bill 426 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Sections 3-5018 and 4-12002 and by adding Section 4-12002.1 as
6follows:
 
7    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
8    Sec. 3-5018. Traditional fee schedule. Except as provided
9for in Sections Section 3-5018.1, 4-12002, and 4-12002.1, the
10recorder elected as provided for in this Division shall receive
11such fees as are or may be provided for him or her by law, in
12case of provision therefor: otherwise he or she shall receive
13the same fees as are or may be provided in this Section, except
14when increased by county ordinance or resolution pursuant to
15the provisions of this Section, to be paid to the county clerk
16for his or her services in the office of recorder for like

 

 

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

 

 

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

 

 

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1non-certified copies, (ii) under a contractual relationship
2with the recorder for a negotiated amount less than the amount
3provided for in this paragraph for non-certified copies,
4or (iii) by means of Internet access pursuant to Section
55-1106.1.
6    For certified copies of records, the same fees as for
7recording, but in no case shall the fee for a certified copy of
8a map or plat of an addition, subdivision or otherwise exceed
9$10.
10    Each certificate of such recorder of the recording of the
11deed or other writing and of the date of recording the same
12signed by such recorder, shall be sufficient evidence of the
13recording thereof, and such certificate including the indexing
14of record, shall be furnished upon the payment of the fee for
15recording the instrument, and no additional fee shall be
16allowed for the certificate or indexing.
17    The recorder shall charge an additional fee, in an amount
18equal to the fee otherwise provided by law, for recording a
19document (other than a document filed under the Plat Act or the
20Uniform Commercial Code) that does not conform to the following
21standards:
22        (1) The document shall consist of one or more
23    individual sheets measuring 8.5 inches by 11 inches, not
24    permanently bound and not a continuous form. Graphic
25    displays accompanying a document to be recorded that
26    measure up to 11 inches by 17 inches shall be recorded

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1and activity shall be prepared by the county board. All
2supporting documents shall be public record and subject to
3public examination and audit. All direct and indirect costs, as
4defined in the United States Office of Management and Budget
5Circular A-87, may be included in the determination of the
6costs of each service, program and activity.
7(Source: P.A. 100-271, eff. 8-22-17.)
 
8    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
9    Sec. 4-12002. Fees of recorder in third class counties.
10Except as provided for in Section 4-12002.1, the The fees of
11the recorder in counties of the third class for recording deeds
12or other instruments in writing and maps of plats of additions,
13subdivisions or otherwise, and for certifying copies of
14records, shall be paid in advance and shall be as follows:
15    For recording deeds or other instruments $20 for the first
162 pages thereof, plus $2 for each additional page thereof. The
17aggregate minimum fee for recording any one instrument shall
18not be less than $20.
19    For recording deeds or other instruments wherein the
20premises affected thereby are referred to by document number
21and not by legal description the recorder shall charge a fee of
22$4 in addition to that hereinabove referred to for each
23document number therein noted.
24    For recording deeds or other instruments wherein more than
25one tract, parcel or lot is described and such additional

 

 

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1tract, or tracts, parcel or parcels, lot or lots is or are
2described therein as falling in a separate or different
3addition or subdivision the recorder shall charge as an
4additional fee, to that herein provided, the sum of $2 for each
5additional addition or subdivision referred to in such deed or
6instrument.
7    For recording any document that affects an interest in real
8property other than documents which solely affect or relate to
9an easement for water, sewer, electricity, gas, telephone or
10other public service, the recorder shall charge a fee of $1 per
11document to all filers of documents not filed by any State
12agency, any unit of local government, or any school district.
13Fifty cents of the $1 fee hereby established shall be deposited
14into the County General Revenue Fund. The remaining $0.50 shall
15be deposited into the County Recorder Document Storage System
16Fund and may not be appropriated or expended for any other
17purpose. The additional amounts available to the recorder for
18expenditure from the County Recorder Document Storage System
19Fund shall not offset or reduce any other county appropriations
20or funding for the office of the recorder.
21    For recording maps or plats of additions, subdivisions or
22otherwise (including the spreading of the same of record in
23well bound books) $100 plus $2 for each tract, parcel or lot
24contained therein.
25    For certified copies of records the same fees as for
26recording, but in no case shall the fee for a certified copy of

 

 

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1a map or plat of an addition, subdivision or otherwise exceed
2$200.
3    For non-certified copies of records, an amount not to
4exceed one half of the amount provided herein for certified
5copies, according to a standard scale of fees, established by
6county ordinance and made public.
7    For filing of each release of any chattel mortgage or trust
8deed which has been filed but not recorded and for indexing the
9same in the book to be kept for that purpose $10.
10    For processing the sworn or affirmed statement required for
11filing a deed or assignment of a beneficial interest in a land
12trust in accordance with Section 3-5020 of this Code, $2.
13    The recorder shall charge an additional fee, in an amount
14equal to the fee otherwise provided by law, for recording a
15document (other than a document filed under the Plat Act or the
16Uniform Commercial Code) that does not conform to the following
17standards:
18        (1) The document shall consist of one or more
19    individual sheets measuring 8.5 inches by 11 inches, not
20    permanently bound and not a continuous form. Graphic
21    displays accompanying a document to be recorded that
22    measure up to 11 inches by 17 inches shall be recorded
23    without charging an additional fee.
24        (2) The document shall be legibly printed in black ink,
25    by hand, type, or computer. Signatures and dates may be in
26    contrasting colors if they will reproduce clearly.

 

 

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1        (3) The document shall be on white paper of not less
2    than 20-pound weight and shall have a clean margin of at
3    least one-half inch on the top, the bottom, and each side.
4    Margins may be used only for non-essential notations that
5    will not affect the validity of the document, including but
6    not limited to form numbers, page numbers, and customer
7    notations.
8        (4) The first page of the document shall contain a
9    blank space, measuring at least 3 inches by 5 inches, from
10    the upper right corner.
11        (5) The document shall not have any attachment stapled
12    or otherwise affixed to any page.
13A document that does not conform to these standards shall not
14be recorded except upon payment of the additional fee required
15under this paragraph. This paragraph, as amended by this
16amendatory Act of 1995, applies only to documents dated after
17the effective date of this amendatory Act of 1995.
18    The recorder shall collect a $9 Rental Housing Support
19Program State surcharge for the recordation of any real
20estate-related document. Payment of the Rental Housing Support
21Program State surcharge shall be evidenced by a receipt that
22shall be marked upon or otherwise affixed to the real
23estate-related document by the recorder. The form of this
24receipt shall be prescribed by the Department of Revenue and
25the receipts shall be issued by the Department of Revenue to
26each county recorder.

 

 

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1    The recorder shall not collect the Rental Housing Support
2Program State surcharge from any State agency, any unit of
3local government or any school district.
4    On the 15th day of each month, each county recorder shall
5report to the Department of Revenue, on a form prescribed by
6the Department, the number of real estate-related documents
7recorded for which the Rental Housing Support Program State
8surcharge was collected. Each recorder shall submit $9 of each
9surcharge collected in the preceding month to the Department of
10Revenue and the Department shall deposit these amounts in the
11Rental Housing Support Program Fund. Subject to appropriation,
12amounts in the Fund may be expended only for the purpose of
13funding and administering the Rental Housing Support Program.
14    For purposes of this Section, "real estate-related
15document" means that term as it is defined in Section 7 of the
16Rental Housing Support Program Act.
17    The fee requirements of this Section apply to units of
18local government and school districts.
19    Regardless of any other provision in this Section, the
20maximum fee that may be collected from the Department of
21Revenue for filing or indexing a lien, certificate of lien
22release or subordination, or any other type of notice or other
23documentation affecting or concerning a lien is $5. Regardless
24of any other provision in this Section, the maximum fee that
25may be collected from the Department of Revenue for indexing
26each additional name in excess of one for any lien, certificate

 

 

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1of lien release or subordination, or any other type of notice
2or other documentation affecting or concerning a lien is $1.
3(Source: P.A. 98-5, eff. 3-22-13.)
 
4    (55 ILCS 5/4-12002.1 new)
5    Sec. 4-12002.1. Predictable fee schedule for recordings in
6third class counties.
7    (a) As used in this Section:
8    "Nonstandard document" means:
9        (1) a document that creates a division of a then active
10    existing tax parcel identification number;
11        (2) a document recorded pursuant to the Uniform
12    Commercial Code;
13        (3) a document which is non-conforming, as described in
14    paragraphs (1) through (5) of Section 4-12002;
15        (4) a State lien or a federal lien;
16        (5) a document making specific reference to more than 5
17    tax parcel identification numbers in the county in which it
18    is presented for recording; or
19        (6) a document making specific reference to more than 5
20    other document numbers recorded in the county in which it
21    is presented for recording.
22    "Standard document" means any document other than a
23nonstandard document.
24    (b) On or before January 1, 2020, a county shall adopt and
25implement, by ordinance or resolution, a predictable fee

 

 

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1schedule that eliminates surcharges or fees based on the
2individual attributes of a standard document to be recorded.
3The initial predictable fee schedule approved by a county board
4shall be set only as allowed under subsection (c) and any
5subsequent predictable fee schedule approved by a county board
6shall be set only as allowed under subsection (d). Except as to
7the recording of standard documents, the fees imposed by
8Section 4-12002 shall remain in effect. Under a predictable fee
9schedule, which only applies to standard documents, no charge
10shall be based on: page count; number, length, or type of legal
11descriptions; number of tax identification or other parcel
12identifying code numbers; number of common addresses; number of
13references contained as to other recorded documents or document
14numbers; or any other individual attribute of the document
15except as expressly provided in this Section. The fee charged
16under this Section shall be inclusive of all county and State
17fees that the county may elect or is required to impose or
18adjust, including, but not limited to, GIS fees, automation
19fees, document storage fees, and the Rental Housing Support
20Program State surcharge.
21    A predictable fee schedule ordinance or resolution adopted
22under this Section shall list standard document fees, including
23document class flat fees as required by subsection (c), and
24nonstandard document fees.
25    Before approval of an ordinance or resolution under this
26Section, the recorder or county clerk shall post a notice in

 

 

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

 

 

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1within one of the following document class flat fee
2classifications and fees for each document class shall be
3charged only as allowed by this subsection (c) and subsection
4(d):
5        (1) Deeds. The aggregate fee for recording deeds shall
6    not be less than $29 (being a minimum $20 county fee plus
7    $9 for the Rental Housing Support Program State surcharge).
8    Inclusion of language in the deed as to any restriction;
9    covenant; lien; oil, gas, or other mineral interest;
10    easement; lease; or a mortgage shall not alter the
11    classification of a document as a deed.
12        (2) Leases, lease amendments, and similar transfer of
13    interest documents. The aggregate fee for recording
14    leases, lease amendments, and similar transfers of
15    interest documents shall not be less than $29 (being a
16    minimum $20 county fee plus $9 for the Rental Housing
17    Support Program State surcharge).
18        (3) Mortgages. The aggregate fee for recording
19    mortgages, including assignments, extensions, amendments,
20    subordinations, and mortgage releases shall not be less
21    than $29 (being a minimum $20 county fee plus $9 for the
22    Rental Housing Support Program State surcharge).
23        (4) Easements not otherwise part of another
24    classification. The aggregate fee for recording easements
25    not otherwise part of another classification, including
26    assignments, extensions, amendments, and easement releases

 

 

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1    not filed by a State agency, unit of local government, or
2    school district shall not be less than $29 (being a minimum
3    $20 county fee plus $9 for the Rental Housing Support
4    Program State surcharge).
5        (5) Miscellaneous. The aggregate fee for recording
6    documents not otherwise falling within classifications set
7    forth in paragraphs (1) through (4) and are not nonstandard
8    documents shall not be less than $29 (being a minimum $20
9    county fee plus $9 for the Rental Housing Support Program
10    State surcharge). Nothing in this subsection shall
11    preclude an alternate predictable fee schedule for
12    electronic recording within each of the classifications
13    set forth in this subsection (c). If the Rental Housing
14    Support Program State surcharge is amended and the
15    surcharge is increased or lowered, the aggregate amount of
16    the document flat fee attributable to the surcharge in the
17    document may be changed accordingly.
18    (d) After a document class flat fee is approved by a county
19board under subsection (b), the county board may, by ordinance
20or resolution, increase the document class flat fee and collect
21the increased fees if the established fees are not sufficient
22to cover the costs of providing the services related to the
23document class for which the fee is to be increased.
24    Nothing in this Section precludes a county board from
25adjusting amounts or allocations within a given document class
26flat fee when the document class flat fee is not increased.".