(55 ILCS 5/4-12002.1)
(Section scheduled to be repealed on January 1, 2024)
Predictable fee schedule for recordings in third class counties.
(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
(3) a document which is non-conforming, as described
in paragraphs (1) through (5) of Section 4-12002;
(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, 2020, 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 subsection (c) and any subsequent predictable fee schedule approved by a county board shall be set only as allowed under subsection (d). Except as to the recording of standard documents, the fees imposed by Section 4-12002 shall remain in effect. Under a predictable fee schedule, which only applies to standard documents, 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 nonstandard document fees.
Before approval of an ordinance or resolution under this Section, the recorder or county clerk shall post a notice in his or her 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 $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge). Inclusion of language in the deed as to any restriction; covenant; lien; oil, gas, or other mineral interest; easement; lease; or a mortgage shall not alter the classification of a document as a deed.
(2) Leases, lease amendments, and similar transfer of
interest documents. The aggregate fee for recording leases, lease amendments, and similar transfers of interest documents shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge).
(3) Mortgages. The aggregate fee for recording
mortgages, including assignments, extensions, amendments, subordinations, and mortgage releases shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge).
(4) Easements not otherwise part of another
classification. The aggregate fee for recording easements not otherwise part of another classification, including assignments, extensions, amendments, and easement releases not filed by a State agency, unit of local government, or school district shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge).
(5) 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 $39 (being a minimum $21 county fee plus $18 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) 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 if the established fees are not sufficient to cover the costs of providing the services related to the document class for which the fee is to be increased.
Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class flat fee when the document class flat fee is not increased.
(Source: P.A. 102-1135, eff. 7-1-23. Repealed by P.A. 103-400, eff. 1-1-24.)