101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2092

 

Introduced 2/15/2019, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-5018  from Ch. 34, par. 3-5018
55 ILCS 5/3-5018.1
55 ILCS 5/4-12002  from Ch. 34, par. 4-12002
55 ILCS 5/4-12002.1

    Amends the Counties Code. Changes the Rental Housing Support Program State surcharge a county recorder must collect on each real-estate related document from $9 to $18. Makes conforming changes.


LRB101 09008 AWJ 54101 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2092LRB101 09008 AWJ 54101 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
5Sections 3-5018, 3-5018.1, 4-12002, and 4-12002.1 as follows:
 
6    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
7    Sec. 3-5018. Traditional fee schedule. Except as provided
8for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder
9elected as provided for in this Division shall receive such
10fees as are or may be provided for him or her by law, in case of
11provision therefor: otherwise he or she shall receive the same
12fees as are or may be provided in this Section, except when
13increased by county ordinance or resolution pursuant to the
14provisions of this Section, to be paid to the county clerk for
15his or her services in the office of recorder for like
16services.
17    For recording deeds or other instruments, $12 for the first
184 pages thereof, plus $1 for each additional page thereof, plus
19$1 for each additional document number therein noted. The
20aggregate minimum fee for recording any one instrument shall
21not be less than $12.
22    For recording deeds or other instruments wherein the
23premises affected thereby are referred to by document number

 

 

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1and not by legal description, a fee of $1 in addition to that
2hereinabove referred to for each document number therein noted.
3    For recording assignments of mortgages, leases or liens,
4$12 for the first 4 pages thereof, plus $1 for each additional
5page thereof. However, except for leases and liens pertaining
6to oil, gas and other minerals, whenever a mortgage, lease or
7lien assignment assigns more than one mortgage, lease or lien
8document, a $7 fee shall be charged for the recording of each
9such mortgage, lease or lien document after the first one.
10    For recording any document that affects an interest in real
11property other than documents which solely affect or relate to
12an easement for water, sewer, electricity, gas, telephone or
13other public service, the recorder shall charge a fee of $1 per
14document to all filers of documents not filed by any State
15agency, any unit of local government, or any school district.
16Fifty cents of the $1 fee hereby established shall be deposited
17into the County General Revenue Fund. The remaining $0.50 shall
18be deposited into the Recorder's Automation Fund and may not be
19appropriated or expended for any other purpose. The additional
20amounts available to the recorder for expenditure from the
21Recorder's Automation Fund shall not offset or reduce any other
22county appropriations or funding for the office of the
23recorder.
24    For recording maps or plats of additions or subdivisions
25approved by the county or municipality (including the spreading
26of the same of record in map case or other proper books) or

 

 

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1plats of condominiums, $50 for the first page, plus $1 for each
2additional page thereof except that in the case of recording a
3single page, legal size 8 1/2 x 14, plat of survey in which
4there are no more than two lots or parcels of land, the fee
5shall be $12. In each county where such maps or plats are to be
6recorded, the recorder may require the same to be accompanied
7by such number of exact, true and legible copies thereof as the
8recorder deems necessary for the efficient conduct and
9operation of his or her office.
10    For non-certified copies of records, an amount not to
11exceed one-half of the amount provided in this Section for
12certified copies, according to a standard scale of fees,
13established by county ordinance or resolution and made public.
14The provisions of this paragraph shall not be applicable to any
15person or entity who obtains non-certified copies of records in
16the following manner: (i) in bulk for all documents recorded on
17any given day in an electronic or paper format for a negotiated
18amount less than the amount provided for in this paragraph for
19non-certified copies, (ii) under a contractual relationship
20with the recorder for a negotiated amount less than the amount
21provided for in this paragraph for non-certified copies,
22or (iii) by means of Internet access pursuant to Section
235-1106.1.
24    For certified copies of records, the same fees as for
25recording, but in no case shall the fee for a certified copy of
26a map or plat of an addition, subdivision or otherwise exceed

 

 

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1$10.
2    Each certificate of such recorder of the recording of the
3deed or other writing and of the date of recording the same
4signed by such recorder, shall be sufficient evidence of the
5recording thereof, and such certificate including the indexing
6of record, shall be furnished upon the payment of the fee for
7recording the instrument, and no additional fee shall be
8allowed for the certificate or indexing.
9    The recorder shall charge an additional fee, in an amount
10equal to the fee otherwise provided by law, for recording a
11document (other than a document filed under the Plat Act or the
12Uniform Commercial Code) that does not conform to the following
13standards:
14        (1) The document shall consist of one or more
15    individual sheets measuring 8.5 inches by 11 inches, not
16    permanently bound and not a continuous form. Graphic
17    displays accompanying a document to be recorded that
18    measure up to 11 inches by 17 inches shall be recorded
19    without charging an additional fee.
20        (2) The document shall be legibly printed in black ink,
21    by hand, type, or computer. Signatures and dates may be in
22    contrasting colors if they will reproduce clearly.
23        (3) The document shall be on white paper of not less
24    than 20-pound weight and shall have a clean margin of at
25    least one-half inch on the top, the bottom, and each side.
26    Margins may be used for non-essential notations that will

 

 

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1    not affect the validity of the document, including but not
2    limited to form numbers, page numbers, and customer
3    notations.
4        (4) The first page of the document shall contain a
5    blank space, measuring at least 3 inches by 5 inches, from
6    the upper right corner.
7        (5) The document shall not have any attachment stapled
8    or otherwise affixed to any page.
9A document that does not conform to these standards shall not
10be recorded except upon payment of the additional fee required
11under this paragraph. This paragraph, as amended by this
12amendatory Act of 1995, applies only to documents dated after
13the effective date of this amendatory Act of 1995.
14    The county board of any county may provide for an
15additional charge of $3 for filing every instrument, paper, or
16notice for record, (1) in order to defray the cost of
17converting the county recorder's document storage system to
18computers or micrographics and (2) in order to defray the cost
19of providing access to records through the global information
20system known as the Internet.
21    A special fund shall be set up by the treasurer of the
22county and such funds collected pursuant to Public Act 83-1321
23shall be used (1) for a document storage system to provide the
24equipment, materials and necessary expenses incurred to help
25defray the costs of implementing and maintaining such a
26document records system and (2) for a system to provide

 

 

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1electronic access to those records.
2    The county board of any county that provides and maintains
3a countywide map through a Geographic Information System (GIS)
4may provide for an additional charge of $3 for filing every
5instrument, paper, or notice for record (1) in order to defray
6the cost of implementing or maintaining the county's Geographic
7Information System and (2) in order to defray the cost of
8providing electronic or automated access to the county's
9Geographic Information System or property records. Of that
10amount, $2 must be deposited into a special fund set up by the
11treasurer of the county, and any moneys collected pursuant to
12this amendatory Act of the 91st General Assembly and deposited
13into that fund must be used solely for the equipment,
14materials, and necessary expenses incurred in implementing and
15maintaining a Geographic Information System and in order to
16defray the cost of providing electronic access to the county's
17Geographic Information System records. The remaining $1 must be
18deposited into the recorder's special funds created under
19Section 3-5005.4. The recorder may, in his or her discretion,
20use moneys in the funds created under Section 3-5005.4 to
21defray the cost of implementing or maintaining the county's
22Geographic Information System and to defray the cost of
23providing electronic access to the county's Geographic
24Information System records.
25    The recorder shall collect a $18 $9 Rental Housing Support
26Program State surcharge for the recordation of any real

 

 

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1estate-related document. Payment of the Rental Housing Support
2Program State surcharge shall be evidenced by a receipt that
3shall be marked upon or otherwise affixed to the real
4estate-related document by the recorder. The form of this
5receipt shall be prescribed by the Department of Revenue and
6the receipts shall be issued by the Department of Revenue to
7each county recorder.
8    The recorder shall not collect the Rental Housing Support
9Program State surcharge from any State agency, any unit of
10local government or any school district.
11    On the 15th day of each month, each county recorder shall
12report to the Department of Revenue, on a form prescribed by
13the Department, the number of real estate-related documents
14recorded for which the Rental Housing Support Program State
15surcharge was collected. Each recorder shall submit $18 $9 of
16each surcharge collected in the preceding month to the
17Department of Revenue and the Department shall deposit these
18amounts in the Rental Housing Support Program Fund. Subject to
19appropriation, amounts in the Fund may be expended only for the
20purpose of funding and administering the Rental Housing Support
21Program.
22    For purposes of this Section, "real estate-related
23document" means that term as it is defined in Section 7 of the
24Rental Housing Support Program Act.
25    The foregoing fees allowed by this Section are the maximum
26fees that may be collected from any officer, agency, department

 

 

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1or other instrumentality of the State. The county board may,
2however, by ordinance or resolution, increase the fees allowed
3by this Section and collect such increased fees from all
4persons and entities other than officers, agencies,
5departments and other instrumentalities of the State if the
6increase is justified by an acceptable cost study showing that
7the fees allowed by this Section are not sufficient to cover
8the cost of providing the service. Regardless of any other
9provision in this Section, the maximum fee that may be
10collected from the Department of Revenue for filing or indexing
11a lien, certificate of lien release or subordination, or any
12other type of notice or other documentation affecting or
13concerning a lien is $5. Regardless of any other provision in
14this Section, the maximum fee that may be collected from the
15Department of Revenue for indexing each additional name in
16excess of one for any lien, certificate of lien release or
17subordination, or any other type of notice or other
18documentation affecting or concerning a lien is $1.
19    A statement of the costs of providing each service, program
20and activity shall be prepared by the county board. All
21supporting documents shall be public record and subject to
22public examination and audit. All direct and indirect costs, as
23defined in the United States Office of Management and Budget
24Circular A-87, may be included in the determination of the
25costs of each service, program and activity.
26(Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19.)
 

 

 

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1    (55 ILCS 5/3-5018.1)
2    Sec. 3-5018.1. Predictable fee schedule.
3    (a) As used in this Section:
4    "Nonstandard document" means:
5        (1) a document that creates a division of a then active
6    existing tax parcel identification number;
7        (2) a document recorded pursuant to the Uniform
8    Commercial Code;
9        (3) a document which is non-conforming, as described in
10    paragraphs (1) through (5) of Section 3-5018;
11        (4) a State lien or a federal lien;
12        (5) a document making specific reference to more than 5
13    tax parcel identification numbers in the county in which it
14    is presented for recording; or
15        (6) a document making specific reference to more than 5
16    other document numbers recorded in the county in which it
17    is presented for recording.
18    "Standard document" means any document other than a
19nonstandard document.
20    (b) On or before January 1, 2019, a county shall adopt and
21implement, by ordinance or resolution, a predictable fee
22schedule that eliminates surcharges or fees based on the
23individual attributes of a standard document to be recorded.
24The initial predictable fee schedule approved by a county board
25shall be set only as allowed under subsections (c) and (d) and

 

 

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1any subsequent predictable fee schedule approved by a county
2board shall be set only as allowed under subsection (e). Except
3as to the recording of standard documents, the fees imposed by
4Section 3-5018 shall remain in effect. Under a predictable fee
5schedule, no charge shall be based on: page count; number,
6length, or type of legal descriptions; number of tax
7identification or other parcel identifying code numbers;
8number of common addresses; number of references contained as
9to other recorded documents or document numbers; or any other
10individual attribute of the document except as expressly
11provided in this Section. The fee charged under this Section
12shall be inclusive of all county and State fees that the county
13may elect or is required to impose or adjust, including, but
14not limited to, GIS fees, automation fees, document storage
15fees, and the Rental Housing Support Program State surcharge.
16    A predictable fee schedule ordinance or resolution adopted
17under this Section shall list standard document fees, including
18document class flat fees as required by subsection (c), and
19non-standard document fees.
20    Before approval of an ordinance or resolution under this
21Section, the recorder or county clerk shall post a notice in
22their office at least 2 weeks prior, but not more than 4 weeks
23prior, to the public meeting at which the ordinance or
24resolution may be adopted. The notice shall contain the
25proposed ordinance or resolution number, if any, the proposed
26document class flat fees for each classification, and a

 

 

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

 

 

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1    not be less than $30 $21 (being a minimum $12 county fee
2    plus $18 $9 for the Rental Housing Support Program State
3    surcharge). Inclusion of language in the deed as to any
4    restriction; covenant; lien; oil, gas, or other mineral
5    interest; easement; lease; or a mortgage shall not alter
6    the classification of a document as a deed.
7        (2) Leases, lease amendments, and similar transfer of
8    interest documents. The aggregate fee for recording
9    leases, lease amendments, and similar transfers of
10    interest documents shall not be less than $30 $21 (being a
11    minimum $12 county fee plus $18 $9 for the Rental Housing
12    Support Program State surcharge).
13        (3) Mortgages. The aggregate fee for recording
14    mortgages, including assignments, extensions, amendments,
15    subordinations, and mortgage releases shall not be less
16    than $30 $21 (being a minimum $12 county fee plus $18 $9
17    for the Rental Housing Support Program State surcharge).
18        (4) Easements not otherwise part of another
19    classification. The aggregate fee for recording easements
20    not otherwise part of another classification, including
21    assignments, extensions, amendments, and easement releases
22    not filed by a State agency, unit of local government, or
23    school district shall not be less than $30 $21 (being a
24    minimum $12 county fee plus $18 $9 for the Rental Housing
25    Support Program State surcharge).
26        (5) Miscellaneous. The aggregate fee for recording

 

 

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1    documents not otherwise falling within classifications set
2    forth in paragraphs (1) through (4) and are not nonstandard
3    documents shall not be less than $30 $21 (being a minimum
4    $12 county fee plus $18 $9 for the Rental Housing Support
5    Program State surcharge). Nothing in this subsection shall
6    preclude an alternate predictable fee schedule for
7    electronic recording within each of the classifications
8    set forth in this subsection (c). If the Rental Housing
9    Support Program State surcharge is amended and the
10    surcharge is increased or lowered, the aggregate amount of
11    the document flat fee attributable to the surcharge in the
12    document may be changed accordingly.
13    (d) If an ordinance or resolution establishing a
14predictable fee schedule is adopted pursuant to subsection (b)
15and any document class flat fee exceeds $21, the county board
16shall:
17        (1) obtain from the clerk or recorder an analysis of
18    the average fees collected for the recording of each of the
19    classifications under subsection (c) based on the 3
20    previous years of recording data, and, if a cost study has
21    not been performed, set respective document class flat fees
22    for each of the 5 document classifications at the average
23    for that class rounded upward to the next whole dollar
24    amount; or
25        (2) if a cost study has been completed within the last
26    3 years that shows $21 is not sufficient to cover the costs

 

 

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1    of providing the services related to each document class,
2    obtain from the clerk or recorder an analysis of the
3    average fees collected for the recording of each of the
4    document classifications under subsection (c) from the
5    date of the cost study and set respective document class
6    flat fees for each of the 5 document classifications at the
7    average for that document class rounded upward to the next
8    whole dollar amount.
9    (e) After a document class flat fee is approved by a county
10board under subsection (b), the county board may, by ordinance
11or resolution, increase the document class flat fee and collect
12the increased fees only if the increase is justified by a cost
13study that shows that the fees allowed by subsections (c) and
14(d) are not sufficient to cover the cost of providing the
15service related to the document class for which the fee is to
16be increased. A statement of the costs of providing each
17service, program, and activity shall be prepared by the county
18board. All supporting documents shall be public record and
19subject to public examination and audit. All direct and
20indirect costs, as defined in the United States Office of
21Management and Budget Circular A-87, may be included in the
22determination of the costs of each service, program, and
23activity.
24    Nothing in this Section precludes a county board from
25adjusting amounts or allocations within a given document class
26flat fee as long as the document class flat fee is not

 

 

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1increased.
2(Source: P.A. 100-271, eff. 8-22-17.)
 
3    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
4    Sec. 4-12002. Fees of recorder in third class counties.
5Except as provided for in Section 4-12002.1, the fees of the
6recorder in counties of the third class for recording deeds or
7other instruments in writing and maps of plats of additions,
8subdivisions or otherwise, and for certifying copies of
9records, shall be paid in advance and shall be as follows:
10    For recording deeds or other instruments $20 for the first
112 pages thereof, plus $2 for each additional page thereof. The
12aggregate minimum fee for recording any one instrument shall
13not be less than $20.
14    For recording deeds or other instruments wherein the
15premises affected thereby are referred to by document number
16and not by legal description the recorder shall charge a fee of
17$4 in addition to that hereinabove referred to for each
18document number therein noted.
19    For recording deeds or other instruments wherein more than
20one tract, parcel or lot is described and such additional
21tract, or tracts, parcel or parcels, lot or lots is or are
22described therein as falling in a separate or different
23addition or subdivision the recorder shall charge as an
24additional fee, to that herein provided, the sum of $2 for each
25additional addition or subdivision referred to in such deed or

 

 

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1instrument.
2    For recording any document that affects an interest in real
3property other than documents which solely affect or relate to
4an easement for water, sewer, electricity, gas, telephone or
5other public service, the recorder shall charge a fee of $1 per
6document to all filers of documents not filed by any State
7agency, any unit of local government, or any school district.
8Fifty cents of the $1 fee hereby established shall be deposited
9into the County General Revenue Fund. The remaining $0.50 shall
10be deposited into the County Recorder Document Storage System
11Fund and may not be appropriated or expended for any other
12purpose. The additional amounts available to the recorder for
13expenditure from the County Recorder Document Storage System
14Fund shall not offset or reduce any other county appropriations
15or funding for the office of the recorder.
16    For recording maps or plats of additions, subdivisions or
17otherwise (including the spreading of the same of record in
18well bound books) $100 plus $2 for each tract, parcel or lot
19contained therein.
20    For certified copies of records the same fees as for
21recording, but in no case shall the fee for a certified copy of
22a map or plat of an addition, subdivision or otherwise exceed
23$200.
24    For non-certified copies of records, an amount not to
25exceed one half of the amount provided herein for certified
26copies, according to a standard scale of fees, established by

 

 

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1county ordinance and made public.
2    For filing of each release of any chattel mortgage or trust
3deed which has been filed but not recorded and for indexing the
4same in the book to be kept for that purpose $10.
5    For processing the sworn or affirmed statement required for
6filing a deed or assignment of a beneficial interest in a land
7trust in accordance with Section 3-5020 of this Code, $2.
8    The recorder shall charge an additional fee, in an amount
9equal to the fee otherwise provided by law, for recording a
10document (other than a document filed under the Plat Act or the
11Uniform Commercial Code) that does not conform to the following
12standards:
13        (1) The document shall consist of one or more
14    individual sheets measuring 8.5 inches by 11 inches, not
15    permanently bound and not a continuous form. Graphic
16    displays accompanying a document to be recorded that
17    measure up to 11 inches by 17 inches shall be recorded
18    without charging an additional fee.
19        (2) The document shall be legibly printed in black ink,
20    by hand, type, or computer. Signatures and dates may be in
21    contrasting colors if they will reproduce clearly.
22        (3) The document shall be on white paper of not less
23    than 20-pound weight and shall have a clean margin of at
24    least one-half inch on the top, the bottom, and each side.
25    Margins may be used only for non-essential notations that
26    will not affect the validity of the document, including but

 

 

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1    not limited to form numbers, page numbers, and customer
2    notations.
3        (4) The first page of the document shall contain a
4    blank space, measuring at least 3 inches by 5 inches, from
5    the upper right corner.
6        (5) The document shall not have any attachment stapled
7    or otherwise affixed to any page.
8A document that does not conform to these standards shall not
9be recorded except upon payment of the additional fee required
10under this paragraph. This paragraph, as amended by this
11amendatory Act of 1995, applies only to documents dated after
12the effective date of this amendatory Act of 1995.
13    The recorder shall collect a $18 $9 Rental Housing Support
14Program State surcharge for the recordation of any real
15estate-related document. Payment of the Rental Housing Support
16Program State surcharge shall be evidenced by a receipt that
17shall be marked upon or otherwise affixed to the real
18estate-related document by the recorder. The form of this
19receipt shall be prescribed by the Department of Revenue and
20the receipts shall be issued by the Department of Revenue to
21each county recorder.
22    The recorder shall not collect the Rental Housing Support
23Program State surcharge from any State agency, any unit of
24local government or any school district.
25    On the 15th day of each month, each county recorder shall
26report to the Department of Revenue, on a form prescribed by

 

 

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1the Department, the number of real estate-related documents
2recorded for which the Rental Housing Support Program State
3surcharge was collected. Each recorder shall submit $18 $9 of
4each surcharge collected in the preceding month to the
5Department of Revenue and the Department shall deposit these
6amounts in the Rental Housing Support Program Fund. Subject to
7appropriation, amounts in the Fund may be expended only for the
8purpose of funding and administering the Rental Housing Support
9Program.
10    For purposes of this Section, "real estate-related
11document" means that term as it is defined in Section 7 of the
12Rental Housing Support Program Act.
13    The fee requirements of this Section apply to units of
14local government and school districts.
15    Regardless of any other provision in this Section, the
16maximum fee that may be collected from the Department of
17Revenue for filing or indexing a lien, certificate of lien
18release or subordination, or any other type of notice or other
19documentation affecting or concerning a lien is $5. Regardless
20of any other provision in this Section, the maximum fee that
21may be collected from the Department of Revenue for indexing
22each additional name in excess of one for any lien, certificate
23of lien release or subordination, or any other type of notice
24or other documentation affecting or concerning a lien is $1.
25(Source: P.A. 100-1034, eff. 1-1-19.)
 

 

 

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1    (55 ILCS 5/4-12002.1)
2    Sec. 4-12002.1. Predictable fee schedule for recordings in
3third class counties.
4    (a) As used in this Section:
5    "Nonstandard document" means:
6        (1) a document that creates a division of a then active
7    existing tax parcel identification number;
8        (2) a document recorded pursuant to the Uniform
9    Commercial Code;
10        (3) a document which is non-conforming, as described in
11    paragraphs (1) through (5) of Section 4-12002;
12        (4) a State lien or a federal lien;
13        (5) a document making specific reference to more than 5
14    tax parcel identification numbers in the county in which it
15    is presented for recording; or
16        (6) a document making specific reference to more than 5
17    other document numbers recorded in the county in which it
18    is presented for recording.
19    "Standard document" means any document other than a
20nonstandard document.
21    (b) On or before January 1, 2020, a county shall adopt and
22implement, by ordinance or resolution, a predictable fee
23schedule that eliminates surcharges or fees based on the
24individual attributes of a standard document to be recorded.
25The initial predictable fee schedule approved by a county board
26shall be set only as allowed under subsection (c) and any

 

 

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

 

 

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

 

 

SB2092- 23 -LRB101 09008 AWJ 54101 b

1        (1) Deeds. The aggregate fee for recording deeds shall
2    not be less than $38 $29 (being a minimum $20 county fee
3    plus $18 $9 for the Rental Housing Support Program State
4    surcharge). Inclusion of language in the deed as to any
5    restriction; covenant; lien; oil, gas, or other mineral
6    interest; easement; lease; or a mortgage shall not alter
7    the classification of a document as a deed.
8        (2) Leases, lease amendments, and similar transfer of
9    interest documents. The aggregate fee for recording
10    leases, lease amendments, and similar transfers of
11    interest documents shall not be less than $38 $29 (being a
12    minimum $20 county fee plus $18 $9 for the Rental Housing
13    Support Program State surcharge).
14        (3) Mortgages. The aggregate fee for recording
15    mortgages, including assignments, extensions, amendments,
16    subordinations, and mortgage releases shall not be less
17    than $38 $29 (being a minimum $20 county fee plus $18 $9
18    for the Rental Housing Support Program State surcharge).
19        (4) Easements not otherwise part of another
20    classification. The aggregate fee for recording easements
21    not otherwise part of another classification, including
22    assignments, extensions, amendments, and easement releases
23    not filed by a State agency, unit of local government, or
24    school district shall not be less than $38 $29 (being a
25    minimum $20 county fee plus $18 $9 for the Rental Housing
26    Support Program State surcharge).

 

 

SB2092- 24 -LRB101 09008 AWJ 54101 b

1        (5) Miscellaneous. The aggregate fee for recording
2    documents not otherwise falling within classifications set
3    forth in paragraphs (1) through (4) and are not nonstandard
4    documents shall not be less than $38 $29 (being a minimum
5    $20 county fee plus $18 $9 for the Rental Housing Support
6    Program State surcharge). Nothing in this subsection shall
7    preclude an alternate predictable fee schedule for
8    electronic recording within each of the classifications
9    set forth in this subsection (c). If the Rental Housing
10    Support Program State surcharge is amended and the
11    surcharge is increased or lowered, the aggregate amount of
12    the document flat fee attributable to the surcharge in the
13    document may be changed accordingly.
14    (d) After a document class flat fee is approved by a county
15board under subsection (b), the county board may, by ordinance
16or resolution, increase the document class flat fee and collect
17the increased fees if the established fees are not sufficient
18to cover the costs of providing the services related to the
19document class for which the fee is to be increased.
20    Nothing in this Section precludes a county board from
21adjusting amounts or allocations within a given document class
22flat fee when the document class flat fee is not increased.
23(Source: P.A. 100-1034, eff. 1-1-19.)