Illinois General Assembly - Full Text of HB2540
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Full Text of HB2540  102nd General Assembly

HB2540 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2540

 

Introduced 2/19/2021, by Rep. Denyse Stoneback

 

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.


LRB102 14463 AWJ 19815 b

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

 

 

A BILL FOR

 

HB2540LRB102 14463 AWJ 19815 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
11of provision therefor: otherwise he or she shall receive the
12same fees as are or may be provided in this Section, except
13when increased by county ordinance or resolution pursuant to
14the provisions of this Section, to be paid to the county clerk
15for his or her services in the office of recorder for like
16services.
17    For recording deeds or other instruments, $12 for the
18first 4 pages thereof, plus $1 for each additional page
19thereof, plus $1 for each additional document number therein
20noted. The aggregate minimum fee for recording any one
21instrument shall not be less than $12.
22    For recording deeds or other instruments wherein the
23premises affected thereby are referred to by document number

 

 

HB2540- 2 -LRB102 14463 AWJ 19815 b

1and not by legal description, a fee of $1 in addition to that
2hereinabove referred to for each document number therein
3noted.
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
12real property other than documents which solely affect or
13relate to an easement for water, sewer, electricity, gas,
14telephone or other public service, the recorder shall charge a
15fee of $1 per document to all filers of documents not filed by
16any State agency, any unit of local government, or any school
17district. Fifty cents of the $1 fee hereby established shall
18be deposited into the County General Revenue Fund. The
19remaining $0.50 shall be deposited into the Recorder's
20Automation Fund and may not be appropriated or expended for
21any other purpose. The additional amounts available to the
22recorder for expenditure from the Recorder's Automation Fund
23shall not offset or reduce any other county appropriations or
24funding for the office of the recorder.
25    For recording maps or plats of additions or subdivisions
26approved by the county or municipality (including the

 

 

HB2540- 3 -LRB102 14463 AWJ 19815 b

1spreading of the same of record in map case or other proper
2books) or plats of condominiums, $50 for the first page, plus
3$1 for each additional page thereof except that in the case of
4recording a single page, legal size 8 1/2 x 14, plat of survey
5in which there are no more than two lots or parcels of land,
6the fee shall be $12. In each county where such maps or plats
7are to be recorded, the recorder may require the same to be
8accompanied by such number of exact, true and legible copies
9thereof as the recorder deems necessary for the efficient
10conduct and operation 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
16any person or entity who obtains non-certified copies of
17records in the following manner: (i) in bulk for all documents
18recorded on any given day in an electronic or paper format for
19a negotiated amount less than the amount provided for in this
20paragraph for non-certified copies, (ii) under a contractual
21relationship with the recorder for a negotiated amount less
22than the amount provided for in this paragraph for
23non-certified copies, or (iii) by means of Internet access
24pursuant to Section 5-1106.1.
25    For certified copies of records, the same fees as for
26recording, but in no case shall the fee for a certified copy of

 

 

HB2540- 4 -LRB102 14463 AWJ 19815 b

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
14following standards:
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
22    ink, by hand, type, or computer. Signatures and dates may
23    be in 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.

 

 

HB2540- 5 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 6 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 7 -LRB102 14463 AWJ 19815 b

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 $18 $9 of
17each surcharge collected in the preceding month to the
18Department of Revenue and the Department shall deposit these
19amounts in the Rental Housing Support Program Fund. Subject to
20appropriation, amounts in the Fund may be expended only for
21the purpose of funding and administering the Rental Housing
22Support Program.
23    For purposes of this Section, "real estate-related
24document" means that term as it is defined in Section 7 of the
25Rental Housing Support Program Act.
26    The foregoing fees allowed by this Section are the maximum

 

 

HB2540- 8 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 9 -LRB102 14463 AWJ 19815 b

1(Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19.)
 
2    (55 ILCS 5/3-5018.1)
3    Sec. 3-5018.1. Predictable fee schedule.
4    (a) As used in this Section:
5    "Nonstandard document" means:
6        (1) a document that creates a division of a then
7    active 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
11    in paragraphs (1) through (5) of Section 3-5018;
12        (4) a State lien or a federal lien;
13        (5) a document making specific reference to more than
14    5 tax parcel identification numbers in the county in which
15    it is presented for recording; or
16        (6) a document making specific reference to more than
17    5 other document numbers recorded in the county in which
18    it is presented for recording.
19    "Standard document" means any document other than a
20nonstandard document.
21    (b) On or before January 1, 2019, 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

 

 

HB2540- 10 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 11 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 12 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 13 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 14 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 15 -LRB102 14463 AWJ 19815 b

1adjusting amounts or allocations within a given document class
2flat fee as long as the document class flat fee is not
3increased.
4(Source: P.A. 100-271, eff. 8-22-17.)
 
5    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
6    Sec. 4-12002. Fees of recorder in third class counties.
7Except as provided for in Section 4-12002.1, the fees of the
8recorder in counties of the third class for recording deeds or
9other instruments in writing and maps of plats of additions,
10subdivisions or otherwise, and for certifying copies of
11records, shall be paid in advance and shall be as follows:
12    For recording deeds or other instruments $20 for the first
132 pages thereof, plus $2 for each additional page thereof. The
14aggregate minimum fee for recording any one instrument shall
15not be less than $20.
16    For recording deeds or other instruments wherein the
17premises affected thereby are referred to by document number
18and not by legal description the recorder shall charge a fee of
19$4 in addition to that hereinabove referred to for each
20document number therein noted.
21    For recording deeds or other instruments wherein more than
22one tract, parcel or lot is described and such additional
23tract, or tracts, parcel or parcels, lot or lots is or are
24described therein as falling in a separate or different
25addition or subdivision the recorder shall charge as an

 

 

HB2540- 16 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 17 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 18 -LRB102 14463 AWJ 19815 b

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

 

 

HB2540- 19 -LRB102 14463 AWJ 19815 b

1local government or any school district.
2    On the 15th day of each month, each county recorder shall
3report to the Department of Revenue, on a form prescribed by
4the Department, the number of real estate-related documents
5recorded for which the Rental Housing Support Program State
6surcharge was collected. Each recorder shall submit $18 $9 of
7each surcharge collected in the preceding month to the
8Department of Revenue and the Department shall deposit these
9amounts in the Rental Housing Support Program Fund. Subject to
10appropriation, amounts in the Fund may be expended only for
11the purpose of funding and administering the Rental Housing
12Support Program.
13    For purposes of this Section, "real estate-related
14document" means that term as it is defined in Section 7 of the
15Rental Housing Support Program Act.
16    The fee requirements of this Section apply to units of
17local government and school districts.
18    Regardless of any other provision in this Section, the
19maximum fee that may be collected from the Department of
20Revenue for filing or indexing a lien, certificate of lien
21release or subordination, or any other type of notice or other
22documentation affecting or concerning a lien is $5. Regardless
23of any other provision in this Section, the maximum fee that
24may be collected from the Department of Revenue for indexing
25each additional name in excess of one for any lien,
26certificate of lien release or subordination, or any other

 

 

HB2540- 20 -LRB102 14463 AWJ 19815 b

1type of notice or other documentation affecting or concerning
2a lien is $1.
3(Source: P.A. 100-1034, eff. 1-1-19.)
 
4    (55 ILCS 5/4-12002.1)
5    Sec. 4-12002.1. Predictable fee schedule for recordings in
6third class counties.
7    (a) As used in this Section:
8    "Nonstandard document" means:
9        (1) a document that creates a division of a then
10    active existing tax parcel identification number;
11        (2) a document recorded pursuant to the Uniform
12    Commercial Code;
13        (3) a document which is non-conforming, as described
14    in paragraphs (1) through (5) of Section 4-12002;
15        (4) a State lien or a federal lien;
16        (5) a document making specific reference to more than
17    5 tax parcel identification numbers in the county in which
18    it is presented for recording; or
19        (6) a document making specific reference to more than
20    5 other document numbers recorded in the county in which
21    it is presented for recording.
22    "Standard document" means any document other than a
23nonstandard document.
24    (b) On or before January 1, 2020, a county shall adopt and
25implement, by ordinance or resolution, a predictable fee

 

 

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

 

 

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

 

 

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

 

 

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1    not filed by a State agency, unit of local government, or
2    school district shall not be less than $38 $29 (being a
3    minimum $20 county fee plus $18 $9 for the Rental Housing
4    Support Program State surcharge).
5        (5) Miscellaneous. The aggregate fee for recording
6    documents not otherwise falling within classifications set
7    forth in paragraphs (1) through (4) and are not
8    nonstandard documents shall not be less than $38 $29
9    (being a minimum $20 county fee plus $18 $9 for the Rental
10    Housing Support Program State surcharge). Nothing in this
11    subsection shall preclude an alternate predictable fee
12    schedule for electronic recording within each of the
13    classifications set forth in this subsection (c). If the
14    Rental Housing Support Program State surcharge is amended
15    and the surcharge is increased or lowered, the aggregate
16    amount of the document flat fee attributable to the
17    surcharge in the document may be changed accordingly.
18    (d) 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
21collect the increased fees if the established fees are not
22sufficient to cover the costs of providing the services
23related to the document class for which the fee is to be
24increased.
25    Nothing in this Section precludes a county board from
26adjusting amounts or allocations within a given document class

 

 

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1flat fee when the document class flat fee is not increased.
2(Source: P.A. 100-1034, eff. 1-1-19.)