101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4821

 

Introduced 2/18/2020, by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-5018.1

    Amends the Recorder Division of the Counties Code. Provides that a "nonstandard document" in a predictable fee schedule includes a document relating to timeshare property making specific reference to more than 20 units. Provides that the fee for recording a document relating to timeshare property making specific reference to more than 20 units shall be $66.50 for the first 4 pages, $1 for each additional page, and, in addition to the page fees, $19.00 for each specifically-referenced unit in excess of 20. Limits home rule powers. Effective immediately.


LRB101 19086 AWJ 68546 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4821LRB101 19086 AWJ 68546 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
53-5018.1 as follows:
 
6    (55 ILCS 5/3-5018.1)
7    Sec. 3-5018.1. Predictable fee schedule.
8    (a) As used in this Section:
9    "Nonstandard document" means:
10        (1) a document that creates a division of a then active
11    existing tax parcel identification number;
12        (2) a document recorded pursuant to the Uniform
13    Commercial Code;
14        (3) a document which is non-conforming, as described in
15    paragraphs (1) through (5) of Section 3-5018;
16        (4) a State lien or a federal lien;
17        (5) a document making specific reference to more than 5
18    tax parcel identification numbers in the county in which it
19    is presented for recording; or
20        (6) a document making specific reference to more than 5
21    other document numbers recorded in the county in which it
22    is presented for recording; or .
23        (7) a document relating to timeshare property making

 

 

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1    specific reference to more than 20 units.
2    "Standard document" means any document other than a
3nonstandard document.
4    (b) On or before January 1, 2019, a county shall adopt and
5implement, by ordinance or resolution, a predictable fee
6schedule that eliminates surcharges or fees based on the
7individual attributes of a standard document to be recorded.
8The initial predictable fee schedule approved by a county board
9shall be set only as allowed under subsections (c) and (d) and
10any subsequent predictable fee schedule approved by a county
11board shall be set only as allowed under subsection (e). Except
12as to the recording of standard documents, the fees imposed by
13Section 3-5018 shall remain in effect. Under a predictable fee
14schedule, no charge shall be based on: page count; number,
15length, or type of legal descriptions; number of tax
16identification or other parcel identifying code numbers;
17number of common addresses; number of references contained as
18to other recorded documents or document numbers; or any other
19individual attribute of the document except as expressly
20provided in this Section. The fee charged under this Section
21shall be inclusive of all county and State fees that the county
22may elect or is required to impose or adjust, including, but
23not limited to, GIS fees, automation fees, document storage
24fees, and the Rental Housing Support Program State surcharge.
25    A predictable fee schedule ordinance or resolution adopted
26under this Section shall list standard document fees, including

 

 

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

 

 

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

 

 

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1        (4) Easements not otherwise part of another
2    classification. The aggregate fee for recording easements
3    not otherwise part of another classification, including
4    assignments, extensions, amendments, and easement releases
5    not filed by a State agency, unit of local government, or
6    school district shall not be less than $21 (being a minimum
7    $12 county fee plus $9 for the Rental Housing Support
8    Program State surcharge).
9        (5) Miscellaneous. The aggregate fee for recording
10    documents not otherwise falling within classifications set
11    forth in paragraphs (1) through (4) and are not nonstandard
12    documents shall not be less than $21 (being a minimum $12
13    county fee plus $9 for the Rental Housing Support Program
14    State surcharge). Nothing in this subsection shall
15    preclude an alternate predictable fee schedule for
16    electronic recording within each of the classifications
17    set forth in this subsection (c). If the Rental Housing
18    Support Program State surcharge is amended and the
19    surcharge is increased or lowered, the aggregate amount of
20    the document flat fee attributable to the surcharge in the
21    document may be changed accordingly.
22    (d) If an ordinance or resolution establishing a
23predictable fee schedule is adopted pursuant to subsection (b)
24and any document class flat fee exceeds $21, the county board
25shall:
26        (1) obtain from the clerk or recorder an analysis of

 

 

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1    the average fees collected for the recording of each of the
2    classifications under subsection (c) based on the 3
3    previous years of recording data, and, if a cost study has
4    not been performed, set respective document class flat fees
5    for each of the 5 document classifications at the average
6    for that class rounded upward to the next whole dollar
7    amount; or
8        (2) if a cost study has been completed within the last
9    3 years that shows $21 is not sufficient to cover the costs
10    of providing the services related to each document class,
11    obtain from the clerk or recorder an analysis of the
12    average fees collected for the recording of each of the
13    document classifications under subsection (c) from the
14    date of the cost study and set respective document class
15    flat fees for each of the 5 document classifications at the
16    average for that document class rounded upward to the next
17    whole dollar amount.
18    (e) 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 only if the increase is justified by a cost
22study that shows that the fees allowed by subsections (c) and
23(d) are not sufficient to cover the cost of providing the
24service related to the document class for which the fee is to
25be increased. A statement of the costs of providing each
26service, program, and activity shall be prepared by the county

 

 

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1board. All supporting documents shall be public record and
2subject to public examination and audit. All direct and
3indirect costs, as defined in the United States Office of
4Management and Budget Circular A-87, may be included in the
5determination of the costs of each service, program, and
6activity.
7    Nothing in this Section precludes a county board from
8adjusting amounts or allocations within a given document class
9flat fee as long as the document class flat fee is not
10increased.
11    (f) The fee for recording a document relating to timeshare
12property making specific reference to more than 20 units shall
13be $66.50 for the first 4 pages, $1 for each additional page,
14and, in addition to the page fees, $19.00 for each
15specifically-referenced unit in excess of 20.
16    A home rule county may not set fees for a document relating
17to timeshare property making specific reference to more than 20
18units in a manner inconsistent with this subsection. This
19subsection is a limitation under subsection (i) of Section 6 of
20Article VII of the Illinois Constitution on the concurrent
21exercise by home rule units of powers and functions exercised
22by the State.
23(Source: P.A. 100-271, eff. 8-22-17.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.