100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4765

 

Introduced , by Rep. Arthur Turner

 

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

    Amends the Counties Code. Provides that on and after January 1, 2020, counties of the third class (counties with a population of greater than 1,000,000) shall adopt and implement a predictable fee schedule for standard documents that eliminates surcharges or fees based upon the individual attributes of documents to be recorded with the county recorder. Provides for notice and a public hearing prior to approval of the predictable fee schedule. Provides that each standard document shall fall within one of 5 document class flat fee classifications and the fees are inclusive of county and State fees required for each recorded document. Provides that the county board may increase the document flat fees by ordinance or resolution if the established fees are not sufficient to cover the costs of providing the services related to the document class. Makes conforming changes.


LRB100 18026 AWJ 33214 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4765LRB100 18026 AWJ 33214 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 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
17services.
18    For recording deeds or other instruments, $12 for the first
194 pages thereof, plus $1 for each additional page thereof, plus
20$1 for each additional document number therein noted. The
21aggregate minimum fee for recording any one instrument shall
22not be less than $12.
23    For recording deeds or other instruments wherein the

 

 

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

 

 

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1of the same of record in map case or other proper books) or
2plats of condominiums, $50 for the first page, plus $1 for each
3additional page thereof except that in the case of recording a
4single page, legal size 8 1/2 x 14, plat of survey in which
5there are no more than two lots or parcels of land, the fee
6shall be $12. In each county where such maps or plats are to be
7recorded, the recorder may require the same to be accompanied
8by such number of exact, true and legible copies thereof as the
9recorder deems necessary for the efficient conduct and
10operation of his or her office.
11    For non-certified copies of records, an amount not to
12exceed one-half of the amount provided in this Section for
13certified copies, according to a standard scale of fees,
14established by county ordinance or resolution and made public.
15The provisions of this paragraph shall not be applicable to any
16person or entity who obtains non-certified copies of records in
17the following manner: (i) in bulk for all documents recorded on
18any given day in an electronic or paper format for a negotiated
19amount less than the amount provided for in this paragraph for
20non-certified copies, (ii) under a contractual relationship
21with the recorder for a negotiated amount less than the amount
22provided for in this paragraph for non-certified copies,
23or (iii) by means of Internet access pursuant to Section
245-1106.1.
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$10.
3    Each certificate of such recorder of the recording of the
4deed or other writing and of the date of recording the same
5signed by such recorder, shall be sufficient evidence of the
6recording thereof, and such certificate including the indexing
7of record, shall be furnished upon the payment of the fee for
8recording the instrument, and no additional fee shall be
9allowed for the certificate or indexing.
10    The recorder shall charge an additional fee, in an amount
11equal to the fee otherwise provided by law, for recording a
12document (other than a document filed under the Plat Act or the
13Uniform Commercial Code) that does not conform to the following
14standards:
15        (1) The document shall consist of one or more
16    individual sheets measuring 8.5 inches by 11 inches, not
17    permanently bound and not a continuous form. Graphic
18    displays accompanying a document to be recorded that
19    measure up to 11 inches by 17 inches shall be recorded
20    without charging an additional fee.
21        (2) The document shall be legibly printed in black ink,
22    by hand, type, or computer. Signatures and dates may be in
23    contrasting colors if they will reproduce clearly.
24        (3) The document shall be on white paper of not less
25    than 20-pound weight and shall have a clean margin of at
26    least one-half inch on the top, the bottom, and each side.

 

 

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

 

 

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

 

 

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

 

 

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1    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
2    Sec. 4-12002. Fees of recorder in third class counties.
3Except as provided for in Section 4-12002.1, the The fees of
4the recorder in counties of the third class for recording deeds
5or other instruments in writing and maps of plats of additions,
6subdivisions or otherwise, and for certifying copies of
7records, shall be paid in advance and shall be as follows:
8    For recording deeds or other instruments $20 for the first
92 pages thereof, plus $2 for each additional page thereof. The
10aggregate minimum fee for recording any one instrument shall
11not be less than $20.
12    For recording deeds or other instruments wherein the
13premises affected thereby are referred to by document number
14and not by legal description the recorder shall charge a fee of
15$4 in addition to that hereinabove referred to for each
16document number therein noted.
17    For recording deeds or other instruments wherein more than
18one tract, parcel or lot is described and such additional
19tract, or tracts, parcel or parcels, lot or lots is or are
20described therein as falling in a separate or different
21addition or subdivision the recorder shall charge as an
22additional fee, to that herein provided, the sum of $2 for each
23additional addition or subdivision referred to in such deed or
24instrument.
25    For recording any document that affects an interest in real

 

 

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

 

 

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

 

 

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

 

 

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1surcharge was collected. Each recorder shall submit $9 of each
2surcharge collected in the preceding month to the Department of
3Revenue and the Department shall deposit these amounts in the
4Rental Housing Support Program Fund. Subject to appropriation,
5amounts in the Fund may be expended only for the purpose of
6funding and administering the Rental Housing Support Program.
7    For purposes of this Section, "real estate-related
8document" means that term as it is defined in Section 7 of the
9Rental Housing Support Program Act.
10    The fee requirements of this Section apply to units of
11local government and school districts.
12    Regardless of any other provision in this Section, the
13maximum fee that may be collected from the Department of
14Revenue for filing or indexing a lien, certificate of lien
15release or subordination, or any other type of notice or other
16documentation affecting or concerning a lien is $5. Regardless
17of any other provision in this Section, the maximum fee that
18may be collected from the Department of Revenue for indexing
19each additional name in excess of one for any lien, certificate
20of lien release or subordination, or any other type of notice
21or other documentation affecting or concerning a lien is $1.
22(Source: P.A. 98-5, eff. 3-22-13.)
 
23    (55 ILCS 5/4-12002.1 new)
24    Sec. 4-12002.1. Predictable fee schedule for recordings in
25third class counties.

 

 

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

 

 

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1Section 4-12002 shall remain in effect. Under a predictable fee
2schedule, which only applies to standard documents, no charge
3shall be based on: page count; number, length, or type of legal
4descriptions; number of tax identification or other parcel
5identifying code numbers; number of common addresses; number of
6references contained as to other recorded documents or document
7numbers; or any other individual attribute of the document
8except as expressly provided in this Section. The fee charged
9under this Section shall be inclusive of all county and State
10fees that the county may elect or is required to impose or
11adjust, including, but not limited to, GIS fees, automation
12fees, document storage fees, and the Rental Housing Support
13Program State surcharge.
14    A predictable fee schedule ordinance or resolution adopted
15under this Section shall list standard document fees, including
16document class flat fees as required by subsection (c), and
17nonstandard document fees.
18    Before approval of an ordinance or resolution under this
19Section, the recorder or county clerk shall post a notice in
20his or her office at least 2 weeks prior, but not more than 4
21weeks prior, to the public meeting at which the ordinance or
22resolution may be adopted. The notice shall contain the
23proposed ordinance or resolution number, if any, the proposed
24document class flat fees for each classification, and a
25reference to this Section or this amendatory Act of the 100th
26General Assembly.

 

 

HB4765- 16 -LRB100 18026 AWJ 33214 b

1    A predictable fee schedule takes effect 60 days after an
2ordinance or resolution is adopted.
3    (c) Pursuant to an ordinance or resolution adopted under
4subsection (b), the recorder elected as provided for in this
5Division shall receive such fees as are or may be provided for
6him or her by law, in case of provision thereof: otherwise he
7or she shall receive the same fees as are or may be provided in
8this Section except when increased by county ordinance or
9resolution pursuant to the provisions of this Section, to be
10paid to the county clerk for his or her services in the office
11of recorder for like services. For the purposes of the fee
12charged, the ordinance or resolution shall divide standard
13documents into the following classifications and shall
14establish a single, all-inclusive, county and State-imposed
15aggregate fee charged for each such classification of document
16at the time of recording for that document, which is called the
17document class flat fee. A standard document is not subject to
18more than one classification at the time of recording for the
19purposes of imposing any fee. Each standard document shall fall
20within one of the following document class flat fee
21classifications and fees for each document class shall be
22charged only as allowed by this subsection (c) and subsection
23(d):
24        (1) Deeds. The aggregate fee for recording deeds shall
25    not be less than $29 (being a minimum $20 county fee plus
26    $9 for the Rental Housing Support Program State surcharge).

 

 

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

 

 

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