Illinois General Assembly - Full Text of SB0694
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Full Text of SB0694  103rd General Assembly



SB0694 EnrolledLRB103 03147 AWJ 48153 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 3-5010 and 3-5018.2 as follows:
6    (55 ILCS 5/3-5010)  (from Ch. 34, par. 3-5010)
7    Sec. 3-5010. Duties of recorder. Every recorder shall, as
8soon as practicable after the receipt of any instrument in
9writing in the office, entitled to be recorded, record the
10same at length in the order of time of its reception, in well
11bound books or computer databases to be provided for that
12purpose. In counties of 500,000 or more inhabitants, the
13recorder may microphotograph or otherwise reproduce on film or
14store electronically any of such instruments in the manner
15provided by law. In counties of less than 500,000 inhabitants,
16the recorder may cause to be microphotographed or otherwise
17reproduced on film any of such instruments or electronic
18method of storage. When any such instrument is reproduced on
19film or electronic method of storage, the film or electronic
20method of storage shall comply with the minimum standards of
21quality approved for records of the State Records Commission
22and the device used to reproduce the records on the film or
23electronic method of storage shall be one which accurately



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1reproduces the contents of the original.
2(Source: P.A. 103-400, eff. 1-1-24.)
3    (55 ILCS 5/3-5018.2)
4    Sec. 3-5018.2. Predictable fee schedule for recordings in
5first and second class counties.
6    (a) The fees of the recorder in counties of the first and
7second class for recording deeds or other instruments in
8writing and maps of plats of additions, subdivisions, or
9otherwise and for certifying copies of records shall be paid
10in advance and shall conform to this Section. The fees or
11surcharges shall not, unless otherwise provided in this
12Section, be based on the individual attributes of a document
13to be recorded, including, but not limited to, page count;
14number, length, or type of legal descriptions; number of tax
15identification or other parcel-identifying code numbers;
16units; number of common addresses; number of references
17contained as to other recorded documents or document numbers;
18or any other individual attribute of the document. The fees
19charged under this Section shall be inclusive of all county
20and State fees that the county may elect or is required to
21impose or adjust, including, but not limited to, GIS fees,
22automation fees, document storage fees, and the Rental Housing
23Support Program State and county surcharges.
24    (b) A county of the first or second class shall adopt and
25implement, by ordinance or resolution, a predictable fee



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1schedule as provided in subsection (c) that eliminates
2surcharges or fees based on the individual attributes of a
3document to be recorded. If a county has previously adopted an
4ordinance or resolution adopting a predictable fee schedule,
5the county must adopt an ordinance or resolution revising that
6predictable fee schedule to be consistent with this Section.
7After a document class predictable fee is approved by a county
8board consistent with this Section, the county board may, by
9ordinance or resolution, increase the document class
10predictable fee and collect the increased fees if the
11established fees are not sufficient to cover the costs of
12providing the services related to the document class for which
13the fee is to be increased.
14    For the purposes of the fee charged, the ordinance or
15resolution shall divide documents into the classifications
16specified in subsection (c), and shall establish a single,
17all-inclusive county and State-imposed aggregate predictable
18fee charged for each classification of document at the time of
19recording for that document. Each document, unless otherwise
20provided in this Section, shall fall within one of the
21document class predictable fee classifications set by
22subsection (c), and fees for each document class shall be
23charged only as allowed by this Section.
24    Before approval of an ordinance or resolution under this
25subsection that creates or modifies a predictable fee
26schedule, the recorder or county clerk shall post a notice in



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1the recorder's or clerk's office at least 2 weeks prior, but
2not more than 4 weeks prior, to the public meeting at which the
3ordinance or resolution may be adopted. The notice shall
4contain the proposed ordinance or resolution number, if any,
5the proposed document class predictable fees for each
6classification, and a reference to this Section and this
7amendatory Act of the 103rd General Assembly. A predictable
8fee schedule takes effect 60 days after an ordinance or
9resolution is adopted, unless the fee schedule was previously
10created and the ordinance or resolution is a modification
11allowed under this Section.
12    Nothing in this Section precludes a county board from
13adjusting amounts or allocations within a given document class
14predictable fee when the document class predictable fee is not
15increased or precludes an alternate predictable fee schedule
16for electronic recording within each of the classifications
17under subsection (c).
18    The county board may, by ordinance or resolution, increase
19the fees allowed in the predictable fee schedule if the
20increase is justified by an acceptable cost study or internal
21analysis of a minimum of 3 years showing that the fees allowed
22by this Section are not sufficient to cover the cost of
23providing the service.
24    A statement of the cost of providing each service,
25program, and activity shall be prepared by the county board.
26All supporting documents to the statement are public records



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1and subject to public examination and audit. All direct and
2indirect costs, as defined in the United States Office of
3Management and Budget Circular A-87, may be included in the
4determination of the costs of each service, program, and
6    If the Rental Housing Support Program State surcharge is
7amended and the surcharge is increased or lowered, the
8aggregate amount of the document predictable fee attributable
9to the surcharge in the document may be changed accordingly.
10If any fee or surcharge is changed by State statute, the county
11may increase the document class fees by the same amount
12without any cost study.
13    (c) A predictable fee schedule ordinance or resolution
14adopted under this Section shall list document fees, including
15document class predictable fees. The document classes shall be
16as follows:
17        (1) Deeds. The aggregate fee for recording deeds shall
18    not be less than $31 (being a minimum $13 county fee plus
19    $18 for the Rental Housing Support Program State
20    surcharge). Inclusion of language in the deed as to any
21    restriction; covenant; lien; oil, gas, or other mineral
22    interest; easement; lease; or a mortgage shall not alter
23    the classification of a document as a deed.
24        (2) Leases, lease amendments, and similar transfer of
25    interest documents. The aggregate fee for recording
26    leases, lease amendments, and similar transfers of



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1    interest documents shall not be less than $31 (being a
2    minimum $13 county fee plus $18 for the Rental Housing
3    Support Program State surcharge).
4        (3) Mortgages. The aggregate fee for recording
5    mortgages, including assignments, extensions, amendments,
6    subordinations, and mortgage releases shall not be less
7    than $31 (being a minimum $13 county fee plus $18 for the
8    Rental Housing Support Program State surcharge).
9        (4) Easements not otherwise part of another
10    classification. The aggregate fee for recording easements
11    not otherwise part of another classification, including
12    assignments, extensions, amendments, and easement releases
13    not filed by a State agency, unit of local government, or
14    school district, shall not be less than $31 (being a
15    minimum $13 county fee plus $18 for the Rental Housing
16    Support Program State surcharge).
17        (5) Nonstandard Irregular documents. Any document
18    presented that does not conform to the following
19    standards, even if it may qualify for another document
20    class, may be recorded under this document class (5) if
21    the nonstandard document irregularity allows a legible
22    reproduction of the document presented:
23            (A) The document shall consist of one or more
24        individual sheets measuring 8.5 inches by 11 inches,
25        not permanently bound, and not a continuous form.
26        Graphic displays accompanying a document to be



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1        recorded that measure up to 11 inches by 17 inches
2        shall be recorded without charging an additional fee.
3            (B) The document shall be legibly printed in black
4        ink by hand, type, or computer. Signatures and dates
5        may be in contrasting colors if they will reproduce
6        clearly.
7            (C) The document shall be on white paper of not
8        less than 20-pound weight and shall have a clean
9        margin of at least one-half inch on the top, the
10        bottom, and each side. Margins may be used only for
11        non-essential notations that will not affect the
12        validity of the document, including, but not limited
13        to, form numbers, page numbers, and customer
14        notations.
15            (D) The first page of the document shall contain a
16        blank space, measuring at least 3 inches by 5 inches,
17        from the upper right corner.
18            (E) The document shall not have any attachment
19        stapled or otherwise affixed to any page.
20            (F) The document makes specific reference to 5 or
21        fewer tax parcels, units, property identification
22        numbers, or document numbers.
23        The aggregate fee for recording a nonstandard an
24    irregular document shall not be less than $31 (being a
25    minimum $13 county fee plus $18 for the Rental Housing
26    Support Program State surcharge). A county may adopt by



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1    ordinance and publish with its fee schedule an additional
2    fee or formula for a document that makes specific
3    reference to more than 5 tax parcels, units, property
4    identification numbers, or document numbers.
5        (6) (Blank). Blanket recordings. For any document that
6    makes specific reference to more than 5 tax parcels or
7    property identification numbers, or makes reference to 5
8    or more document numbers, the aggregate fee shall be not
9    less than $31 (being a minimum $13 county fee plus $18 for
10    the Rental Housing Support Program State surcharge). A
11    county may adopt by ordinance and publish with its fee
12    schedule an additional fee or formula for each parcel,
13    property identification number, or document reference,
14    above 5, contained in an accepted document.
15        (7) Miscellaneous. The aggregate fee for recording
16    documents that do not otherwise fall falling within
17    classifications under paragraphs (1) through (6) or
18    paragraph (8) or (9) and that are not otherwise exempted
19    documents shall not be less than $31 (being a minimum $13
20    county fee plus $18 for the Rental Housing Support Program
21    State surcharge).
22        (8) Maps or plats of additions, subdivisions, or
23    otherwise. (d) For recording maps or plats of additions,
24    subdivisions, or otherwise, the minimum fee shall be $50
25    (including the spreading of the same of record in well
26    bound books), $100 plus $2 for each tract, parcel, or lot



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1    contained in the map or plat.
2        (9) Other. (e) Documents presented that meet the
3    following criteria shall be charged as follows,
4    notwithstanding document classes (1) through (8) otherwise
5    provided by law or ordinance:
6            (A) A (1) a document recorded pursuant to the
7        Uniform Commercial Code shall be charged as provided
8        in the Uniform Commercial Code or as otherwise by law.
9        ; or
10            (B) A (2) a State tax lien or a federal tax lien
11        shall be charged as otherwise provided by law or
12        ordinance, except that .Notwithstanding any other
13        provision in this Section: (i) the minimum maximum fee
14        that shall may be collected from the Department of
15        Revenue for filing or indexing a tax lien, certificate
16        of lien release or subordination, or any other type of
17        notice or other documentation affecting or concerning
18        a tax lien is $11, and $5; and (ii) the minimum maximum
19        fee that shall may be collected from the Department of
20        Revenue or Internal Revenue Service for indexing each
21        additional name in excess of one for any lien,
22        certificate of lien release or subordination, or any
23        other type of notice or other documentation affecting
24        or concerning a lien is $1.
25            (C) A document recorded by a unit of local
26        government, State agency, or public utility, as that



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1        term is defined in Section 3-105 of the Public
2        Utilities Act, may be charged a minimum fee for any
3        instrument presented for recording that falls under
4        the guideline of the predictable fee schedule as
5        follows: a $12 county fee, a $3 GIS fee, and a $3
6        automation fee, document storage fee, or both. Fees
7        under this subparagraph may be increased or any other
8        applicable fee may be imposed if adopted by a county
9        board resolution or ordinance and justified by an
10        acceptable cost study showing that the fees allowed by
11        this subparagraph are not sufficient to cover the cost
12        of providing the service.
13            (D) (f) For recording any document that affects an
14        interest in real property, other than documents which
15        solely affect or relate to an easement for water,
16        sewer, electricity, gas, telephone, or other public
17        service, the recorder shall charge a minimum fee of $1
18        per document to all filers of documents not filed by
19        any State agency, any unit of local government, any
20        public utility, as that term is defined in Section
21        3-105 of the Public Utilities Act, or any school
22        district. Half of the fee shall be deposited into the
23        county general revenue fund. The remaining half shall
24        be deposited into the County Recorder Document Storage
25        System Fund and may not be appropriated or expended
26        for any other purpose. The additional amounts



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1        available to the recorder for expenditure from the
2        County Recorder Document Storage System Fund shall not
3        offset or reduce any other county appropriations or
4        funding for the office of the recorder.
5    (d) (g) For certified and non-certified copies of records,
6the recorder and county may set a predictable fee for all
7copies that does not exceed the highest total recording fee in
8any established document classes, unless the copy fee is
9otherwise provided in statute or ordinance. The total fee for
10a certified copy of a map or plat of an addition, subdivision,
11or otherwise may not exceed $200.
12    The fees allowed under this subsection apply to all
13records, regardless of when they were recorded, based on
14current recording fees. These predictable fees for certified
15and non-certified copies shall apply to portions of documents
16and to copies provided in any format, including paper,
17microfilm, or electronic. A county may adopt a per-line
18pricing structure for copies of information in database
20    (e) (h) As provided under subsection (c), the recorder
21shall collect an $18 Rental Housing Support Program State
22surcharge for the recordation of any real estate-related
23document. Payment of the Rental Housing Support Program State
24surcharge shall be evidenced by a receipt that shall be marked
25upon or otherwise affixed to the real estate-related document
26by the recorder. The form of this receipt shall be prescribed



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1by the Department of Revenue and the receipts shall be issued
2by the Department of Revenue to each county recorder.
3    The recorder shall not collect the Rental Housing Support
4Program State surcharge from any State agency, unit of local
5government, or school district.
6    On the 15th day of each month, each county recorder shall
7report to the Department of Revenue, on a form prescribed by
8the Department, the number of real estate-related documents
9recorded for which the Rental Housing Support Program State
10surcharge was collected. Each recorder shall submit $18 of
11each surcharge collected in the preceding month to the
12Department of Revenue and the Department shall deposit these
13amounts in the Rental Housing Support Program Fund. Subject to
14appropriation, amounts in the Fund may be expended only for
15the purpose of funding and administering the Rental Housing
16Support Program.
17    As used in this subsection, "real estate-related document"
18means that term as it is defined in Section 7 of the Rental
19Housing Support Program Act.
20    (f) A county board in counties of the first and second
21class may allow, by ordinance, a recorder to charge the
22following fees in addition to those fees otherwise allowed
23under this Section:
24        (1) Automation fee. A minimum automation fee of $3 may
25    be charged for filing every instrument, paper, or notice
26    for record in order to defray the cost of converting the



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1    recorder's document storage system to computers or
2    micrographics and in order to defray the cost of providing
3    access to records through the Internet. A special fund
4    shall be established by the treasurer of a county, and the
5    moneys collected through the automation fee shall be
6    deposited into the special fund and used for a document
7    storage system to provide the equipment, materials, and
8    necessary expenses incurred to help defray the costs of
9    implementing and maintaining the document record system
10    and for a system to provide electronic access to those
11    records.
12        (2) GIS fee. In a county that provides and maintains a
13    countywide map through a geographic information system, a
14    minimum GIS fee of $3 may be charged for filing every
15    instrument, paper, or notice for record in order to defray
16    the cost of implementing or maintaining the county's
17    geographic information system and in order to defray the
18    cost of providing electronic or automated access to the
19    county's geographic information system or property
20    records. Of that amount, a minimum of $2 must be deposited
21    into a special fund established by the treasurer of the
22    county, and any moneys collected through the GIS fee shall
23    be deposited into that special fund and used for the
24    equipment, materials, and necessary expenses incurred in
25    implementing and maintaining the geographic information
26    system and to defray the cost of providing electronic



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1    access to the county geographic information system
2    records. The remaining $1 must be deposited into the
3    recorder's special funds created under Section 3-5005.4.
4    The recorder may, at the recorder's discretion, use moneys
5    in the funds created under Section 3-5005.4 to defray the
6    cost of implementing or maintaining the county's
7    geographic information system and to defray the cost of
8    providing electronic access to the county's geographic
9    information system records.
10(Source: P.A. 103-400, eff. 1-1-24.)