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Public Act 100-0271


 

Public Act 0271 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0271
 
HB3036 EnrolledLRB100 08471 AWJ 18590 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 Section
3-5018 and by adding Section 3-5018.1 as follows:
 
    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
    Sec. 3-5018. Traditional fee schedule Fees. Except as
provided for in Section 3-5018.1, the The recorder elected as
provided for in this Division shall receive such fees as are or
may be provided for him or her by law, in case of provision
therefor: otherwise he or she shall receive the same fees as
are or may be provided in this Section, except when increased
by county ordinance or resolution pursuant to the provisions of
this Section, to be paid to the county clerk for his or her
services in the office of recorder for like services.
    For recording deeds or other instruments, $12 for the first
4 pages thereof, plus $1 for each additional page thereof, plus
$1 for each additional document number therein noted. The
aggregate minimum fee for recording any one instrument shall
not be less than $12.
    For recording deeds or other instruments wherein the
premises affected thereby are referred to by document number
and not by legal description, a fee of $1 in addition to that
hereinabove referred to for each document number therein noted.
    For recording assignments of mortgages, leases or liens,
$12 for the first 4 pages thereof, plus $1 for each additional
page thereof. However, except for leases and liens pertaining
to oil, gas and other minerals, whenever a mortgage, lease or
lien assignment assigns more than one mortgage, lease or lien
document, a $7 fee shall be charged for the recording of each
such mortgage, lease or lien document after the first one.
    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 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.
Fifty cents of the $1 fee hereby established shall be deposited
into the County General Revenue Fund. The remaining $0.50 shall
be deposited into the Recorder's Automation Fund and may not be
appropriated or expended for any other purpose. The additional
amounts available to the recorder for expenditure from the
Recorder's Automation Fund shall not offset or reduce any other
county appropriations or funding for the office of the
recorder.
    For recording maps or plats of additions or subdivisions
approved by the county or municipality (including the spreading
of the same of record in map case or other proper books) or
plats of condominiums, $50 for the first page, plus $1 for each
additional page thereof except that in the case of recording a
single page, legal size 8 1/2 x 14, plat of survey in which
there are no more than two lots or parcels of land, the fee
shall be $12. In each county where such maps or plats are to be
recorded, the recorder may require the same to be accompanied
by such number of exact, true and legible copies thereof as the
recorder deems necessary for the efficient conduct and
operation of his or her office.
    For non-certified copies of records, an amount not to
exceed one-half of the amount provided in this Section for
certified copies, according to a standard scale of fees,
established by county ordinance or resolution and made public.
The provisions of this paragraph shall not be applicable to any
person or entity who obtains non-certified copies of records in
the following manner: (i) in bulk for all documents recorded on
any given day in an electronic or paper format for a negotiated
amount less than the amount provided for in this paragraph for
non-certified copies, (ii) under a contractual relationship
with the recorder for a negotiated amount less than the amount
provided for in this paragraph for non-certified copies,
or (iii) by means of Internet access pursuant to Section
5-1106.1.
    For certified copies of records, the same fees as for
recording, but in no case shall the fee for a certified copy of
a map or plat of an addition, subdivision or otherwise exceed
$10.
    Each certificate of such recorder of the recording of the
deed or other writing and of the date of recording the same
signed by such recorder, shall be sufficient evidence of the
recording thereof, and such certificate including the indexing
of record, shall be furnished upon the payment of the fee for
recording the instrument, and no additional fee shall be
allowed for the certificate or indexing.
    The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for recording a
document (other than a document filed under the Plat Act or the
Uniform Commercial Code) that does not conform to the following
standards:
        (1) The document shall consist of one or more
    individual sheets measuring 8.5 inches by 11 inches, not
    permanently bound and not a continuous form. Graphic
    displays accompanying a document to be recorded that
    measure up to 11 inches by 17 inches shall be recorded
    without charging an additional fee.
        (2) The document shall be legibly printed in black ink,
    by hand, type, or computer. Signatures and dates may be in
    contrasting colors if they will reproduce clearly.
        (3) The document shall be on white paper of not less
    than 20-pound weight and shall have a clean margin of at
    least one-half inch on the top, the bottom, and each side.
    Margins may be used for non-essential notations that will
    not affect the validity of the document, including but not
    limited to form numbers, page numbers, and customer
    notations.
        (4) The first page of the document shall contain a
    blank space, measuring at least 3 inches by 5 inches, from
    the upper right corner.
        (5) The document shall not have any attachment stapled
    or otherwise affixed to any page.
A document that does not conform to these standards shall not
be recorded except upon payment of the additional fee required
under this paragraph. This paragraph, as amended by this
amendatory Act of 1995, applies only to documents dated after
the effective date of this amendatory Act of 1995.
    The county board of any county may provide for an
additional charge of $3 for filing every instrument, paper, or
notice for record, (1) in order to defray the cost of
converting the county recorder's document storage system to
computers or micrographics and (2) in order to defray the cost
of providing access to records through the global information
system known as the Internet.
    A special fund shall be set up by the treasurer of the
county and such funds collected pursuant to Public Act 83-1321
shall be used (1) for a document storage system to provide the
equipment, materials and necessary expenses incurred to help
defray the costs of implementing and maintaining such a
document records system and (2) for a system to provide
electronic access to those records.
    The county board of any county that provides and maintains
a countywide map through a Geographic Information System (GIS)
may provide for an additional charge of $3 for filing every
instrument, paper, or notice for record (1) in order to defray
the cost of implementing or maintaining the county's Geographic
Information System and (2) in order to defray the cost of
providing electronic or automated access to the county's
Geographic Information System or property records. Of that
amount, $2 must be deposited into a special fund set up by the
treasurer of the county, and any moneys collected pursuant to
this amendatory Act of the 91st General Assembly and deposited
into that fund must be used solely for the equipment,
materials, and necessary expenses incurred in implementing and
maintaining a Geographic Information System and in order to
defray the cost of providing electronic access to the county's
Geographic Information System records. The remaining $1 must be
deposited into the recorder's special funds created under
Section 3-5005.4. The recorder may, in his or her discretion,
use moneys in the funds created under Section 3-5005.4 to
defray the cost of implementing or maintaining the county's
Geographic Information System and to defray the cost of
providing electronic access to the county's Geographic
Information System records.
    The recorder shall collect a $9 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, any unit of
local government or any 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 $9 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.
    For purposes of this Section, "real estate-related
document" means that term as it is defined in Section 7 of the
Rental Housing Support Program Act.
    The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency, department
or other instrumentality of the State. The county board may,
however, by ordinance or resolution, increase the fees allowed
by this Section and collect such increased fees from all
persons and entities other than officers, agencies,
departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing that
the fees allowed by this Section are not sufficient to cover
the cost of providing the service. Regardless of any other
provision in this Section, 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. Regardless of any other provision in
this Section, 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.
    A statement of the costs of providing each service, program
and activity shall be prepared by the county board. All
supporting documents shall be public record and subject to
public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget
Circular A-87, may be included in the determination of the
costs of each service, program and activity.
(Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; 98-756,
eff. 7-16-14.)
 
    (55 ILCS 5/3-5018.1 new)
    Sec. 3-5018.1. Predictable fee schedule.
    (a) As used in this Section:
    "Nonstandard document" means:
        (1) a document that creates a division of a then active
    existing tax parcel identification number;
        (2) a document recorded pursuant to the Uniform
    Commercial Code;
        (3) a document which is non-conforming, as described in
    paragraphs (1) through (5) of Section 3-5018;
        (4) a State lien or a federal lien;
        (5) a document making specific reference to more than 5
    tax parcel identification numbers in the county in which it
    is presented for recording; or
        (6) a document making specific reference to more than 5
    other document numbers recorded in the county in which it
    is presented for recording.
    "Standard document" means any document other than a
nonstandard document.
    (b) On or before January 1, 2019, a county shall adopt and
implement, by ordinance or resolution, a predictable fee
schedule that eliminates surcharges or fees based on the
individual attributes of a standard document to be recorded.
The initial predictable fee schedule approved by a county board
shall be set only as allowed under subsections (c) and (d) and
any subsequent predictable fee schedule approved by a county
board shall be set only as allowed under subsection (e). Except
as to the recording of standard documents, the fees imposed by
Section 3-5018 shall remain in effect. Under a predictable fee
schedule, no charge shall be based on: 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 except as expressly
provided in this Section. The fee 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 surcharge.
    A predictable fee schedule ordinance or resolution adopted
under this Section shall list standard document fees, including
document class flat fees as required by subsection (c), and
non-standard document fees.
    Before approval of an ordinance or resolution under this
Section, the recorder or county clerk shall post a notice in
their 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 flat fees for each classification, and a
reference to this Section or this amendatory Act of the 100th
General Assembly.
    A predictable fee schedule takes effect 60 days after an
ordinance or resolution is adopted.
    (c) Pursuant to an ordinance or resolution adopted under
subsection (b), the recorder elected as provided for in this
Division shall receive such fees as are or may be provided for
him or her by law, in case of provision thereof: otherwise he
or she shall receive the same fees as are or may be provided in
this Section except when increased by county ordinance or
resolution pursuant to the provisions of this Section, to be
paid to the county clerk for his or her services in the office
of recorder for like services. For the purposes of the fee
charged, the ordinance or resolution shall divide standard
documents into the following classifications and shall
establish a single, all inclusive, county and State-imposed
aggregate fee charged for each such classification of document
at the time of recording for that document, which is called the
document class flat fee. A standard document is not subject to
more than one classification at the time of recording for the
purposes of imposing any fee. Each standard document shall fall
within one of the following document class flat fee
classifications and fees for each document class shall be
charged only as allowed by this subsection (c) and subsection
(d):
        (1) Deeds. The aggregate fee for recording deeds shall
    not be less than $21 (being a minimum $12 county fee plus
    $9 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 $21 (being a
    minimum $12 county fee plus $9 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 $21 (being a minimum $12 county fee plus $9 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 $21 (being a minimum
    $12 county fee plus $9 for the Rental Housing Support
    Program State surcharge).
        (5) Miscellaneous. The aggregate fee for recording
    documents not otherwise falling within classifications set
    forth in paragraphs (1) through (4) and are not nonstandard
    documents shall not be less than $21 (being a minimum $12
    county fee plus $9 for the Rental Housing Support Program
    State surcharge). Nothing in this subsection shall
    preclude an alternate predictable fee schedule for
    electronic recording within each of the classifications
    set forth in this 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 flat fee attributable to the surcharge in the
    document may be changed accordingly.
    (d) If an ordinance or resolution establishing a
predictable fee schedule is adopted pursuant to subsection (b)
and any document class flat fee exceeds $21, the county board
shall:
        (1) obtain from the clerk or recorder an analysis of
    the average fees collected for the recording of each of the
    classifications under subsection (c) based on the 3
    previous years of recording data, and, if a cost study has
    not been performed, set respective document class flat fees
    for each of the 5 document classifications at the average
    for that class rounded upward to the next whole dollar
    amount; or
        (2) if a cost study has been completed within the last
    3 years that shows $21 is not sufficient to cover the costs
    of providing the services related to each document class,
    obtain from the clerk or recorder an analysis of the
    average fees collected for the recording of each of the
    document classifications under subsection (c) from the
    date of the cost study and set respective document class
    flat fees for each of the 5 document classifications at the
    average for that document class rounded upward to the next
    whole dollar amount.
    (e) After a document class flat fee is approved by a county
board under subsection (b), the county board may, by ordinance
or resolution, increase the document class flat fee and collect
the increased fees only if the increase is justified by a cost
study that shows that the fees allowed by subsections (c) and
(d) are not sufficient to cover the cost of providing the
service related to the document class for which the fee is to
be increased. A statement of the costs of providing each
service, program, and activity shall be prepared by the county
board. All supporting documents shall be public record and
subject to public examination and audit. All direct and
indirect costs, as defined in the United States Office of
Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program, and
activity.
    Nothing in this Section precludes a county board from
adjusting amounts or allocations within a given document class
flat fee as long as the document class flat fee is not
increased.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/22/2017