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Public Act 100-1034 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing | ||||
Sections 3-5018 and 4-12002 and by adding Section 4-12002.1 as | ||||
follows: | ||||
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | ||||
Sec. 3-5018. Traditional fee schedule. Except as
provided | ||||
for in Sections Section 3-5018.1, 4-12002, and 4-12002.1, 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 therefor: 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 recording deeds or other instruments, $12 for the first | ||||
4 pages
thereof, plus $1 for each additional page thereof, plus | ||||
$1 for each
additional document number therein noted. The | ||||
aggregate minimum fee
for recording any one instrument shall | ||||
not be less than $12. | ||||
For recording deeds or other instruments wherein the |
premises
affected thereby are referred to by document number | ||
and not by legal
description, a fee of $1 in addition to that | ||
hereinabove referred to for
each document number therein noted. | ||
For recording assignments of mortgages, leases or liens, | ||
$12 for the
first 4 pages thereof, plus $1 for each additional | ||
page thereof. However,
except for leases and liens pertaining | ||
to oil, gas and other minerals,
whenever a mortgage, lease or | ||
lien assignment assigns more than one
mortgage, lease or lien | ||
document, a $7 fee shall be charged for the recording
of each | ||
such mortgage, lease or lien document after the first one. | ||
For recording any document that affects an interest in real | ||
property other than documents which solely affect or relate to | ||
an easement for water, sewer, electricity, gas, telephone or | ||
other public service, the recorder shall charge a fee of $1 per | ||
document to all filers of documents not filed by any State | ||
agency, any unit of local government, or any school district. | ||
Fifty cents of the $1 fee hereby established shall be deposited | ||
into the County General Revenue Fund. The remaining $0.50 shall | ||
be deposited into the Recorder's Automation Fund and may not be | ||
appropriated or expended for any other purpose. The additional | ||
amounts available to the recorder for expenditure from the | ||
Recorder's Automation Fund shall not offset or reduce any other | ||
county appropriations or funding for the office of the | ||
recorder. | ||
For recording maps or plats of additions or subdivisions | ||
approved by the
county or municipality (including the spreading |
of the same of record in
map case or other proper books) or | ||
plats of condominiums, $50 for the first
page, plus $1 for each | ||
additional page thereof except that in the case of
recording a | ||
single page, legal size 8 1/2 x 14, plat of survey in which
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there are no more than two lots or parcels of land, the fee | ||
shall be $12.
In each county where such maps or plats are to be | ||
recorded, the recorder
may require the same to be accompanied | ||
by such number of exact, true and
legible copies thereof as the | ||
recorder deems necessary for the efficient
conduct and | ||
operation of his or her office. | ||
For non-certified copies of records, an amount not to | ||
exceed one-half of the amount provided in this Section for | ||
certified copies, according to a standard scale of fees, | ||
established by county ordinance or resolution and made public. | ||
The provisions of this paragraph shall not be applicable to any | ||
person or entity who obtains non-certified copies of records in | ||
the following manner: (i) in bulk for all documents recorded on | ||
any given day in an electronic or paper format for a negotiated | ||
amount less than the amount provided for in this paragraph for | ||
non-certified copies, (ii) under a contractual relationship | ||
with the recorder for a negotiated amount less than the amount | ||
provided for in this paragraph for non-certified copies, | ||
or (iii) by means of Internet access pursuant to Section | ||
5-1106.1. | ||
For certified copies of records, the same fees as for | ||
recording, but
in no case shall the fee for a certified copy of |
a map or plat of an
addition, subdivision or otherwise exceed | ||
$10. | ||
Each certificate of such recorder of the recording of the | ||
deed or
other writing and of the date of recording the same | ||
signed by such
recorder, shall be sufficient evidence of the | ||
recording thereof, and
such certificate including the indexing | ||
of record, shall be furnished
upon the payment of the fee for | ||
recording the instrument, and no
additional fee shall be | ||
allowed for the certificate or indexing. | ||
The recorder shall charge an additional fee, in an amount | ||
equal to the
fee otherwise provided by law, for recording a | ||
document (other than a
document filed under the Plat Act or the | ||
Uniform Commercial Code) that does
not conform to the following | ||
standards: | ||
(1) The document shall consist of one or more | ||
individual sheets measuring
8.5 inches by 11 inches, not | ||
permanently bound and not a continuous form.
Graphic | ||
displays accompanying a document to be recorded that | ||
measure up to 11
inches by 17 inches shall be recorded | ||
without charging an additional fee. | ||
(2) The document shall be legibly printed in black ink, | ||
by hand, type,
or computer. Signatures and dates may be in | ||
contrasting colors if they will
reproduce clearly. | ||
(3) The document shall be on white paper of not less | ||
than 20-pound
weight and shall have a clean margin of at | ||
least one-half inch on the top, the
bottom, and each side. |
Margins may be used for non-essential notations that
will | ||
not affect the validity of the document, including but not | ||
limited to
form numbers, page numbers, and customer | ||
notations. | ||
(4) The first page of the document shall contain a | ||
blank space, measuring
at least 3 inches by 5 inches, from | ||
the upper right corner. | ||
(5) The document shall not have any attachment stapled | ||
or otherwise
affixed to any page. | ||
A document that does not conform to these standards shall
not | ||
be recorded except upon payment of the additional fee required | ||
under
this paragraph. This paragraph, as amended by this | ||
amendatory Act of 1995,
applies only to documents dated after | ||
the effective date of this amendatory
Act of 1995. | ||
The county board of any county may provide for an | ||
additional charge of $3
for filing every instrument, paper, or | ||
notice for record, (1)
in order to
defray the cost of | ||
converting the county recorder's document storage system
to | ||
computers or micrographics
and (2) in order to defray the cost | ||
of providing access to records through
the global
information | ||
system known as the Internet. | ||
A special fund shall be set up by the treasurer of the | ||
county and such
funds collected pursuant to Public Act 83-1321 | ||
shall be used (1)
for
a document storage system to provide the | ||
equipment, materials and necessary
expenses incurred to help | ||
defray the costs of implementing and maintaining
such a |
document records system
and (2) for a system to provide | ||
electronic access to
those records. | ||
The county board of any county that provides and maintains | ||
a countywide map
through a Geographic Information System (GIS) | ||
may provide for an additional
charge of $3 for filing every | ||
instrument, paper, or notice for record (1)
in order
to defray | ||
the cost of implementing or maintaining the county's Geographic
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Information System
and (2) in order to defray the cost of | ||
providing electronic or automated access to the
county's
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Geographic
Information System or property records.
Of that | ||
amount, $2 must be deposited into a special fund
set up by the | ||
treasurer of the county, and any moneys collected pursuant to
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this amendatory Act of the 91st General Assembly and deposited | ||
into that fund
must be used solely for the equipment, | ||
materials, and necessary expenses
incurred in implementing and | ||
maintaining a Geographic Information System and
in order to | ||
defray the cost of providing electronic access to the county's
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Geographic Information System records.
The remaining $1 must be | ||
deposited into the recorder's special funds created
under | ||
Section 3-5005.4. The recorder may, in his or her discretion, | ||
use moneys
in the funds created under Section 3-5005.4 to | ||
defray the cost of implementing
or maintaining the county's | ||
Geographic Information System
and to defray the cost of | ||
providing electronic access to the county's
Geographic
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Information System records. | ||
The recorder shall collect a $9 Rental Housing Support |
Program State
surcharge for the recordation of any real | ||
estate-related document. Payment of the
Rental Housing Support | ||
Program State surcharge shall be evidenced by a receipt
that | ||
shall be marked upon or otherwise affixed to the real | ||
estate-related document
by the recorder. The form of this | ||
receipt shall be prescribed by the Department
of Revenue and | ||
the receipts shall be issued by the Department of Revenue to
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each county recorder. | ||
The recorder shall not collect the Rental Housing Support | ||
Program State surcharge from any State agency, any unit of | ||
local government or any school district. | ||
On the 15th day of each month, each county recorder shall | ||
report
to the Department of Revenue, on a form prescribed by | ||
the Department,
the number of real estate-related documents | ||
recorded for which
the Rental Housing Support Program
State | ||
surcharge was collected. Each recorder shall submit $9 of each | ||
surcharge collected in the
preceding month to the Department of | ||
Revenue and the Department
shall deposit these amounts in the | ||
Rental Housing Support Program Fund. Subject to appropriation, | ||
amounts in the Fund may be expended only for the purpose of | ||
funding and administering the Rental Housing Support Program. | ||
For purposes of this Section, "real estate-related | ||
document" means that term as it is defined in Section 7 of the | ||
Rental Housing Support Program Act.
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The foregoing fees allowed by this Section are the maximum | ||
fees that
may be collected from any officer, agency, department |
or other
instrumentality of the State. The county board may, | ||
however, by ordinance or resolution,
increase the fees allowed | ||
by this Section and collect such increased fees
from all | ||
persons and entities other than officers, agencies, | ||
departments
and other instrumentalities of the State if the | ||
increase is justified by an
acceptable cost study showing that | ||
the fees allowed by this Section are not
sufficient to cover | ||
the cost of providing the service.
Regardless of any other | ||
provision in this Section, the maximum fee that may
be | ||
collected from the Department of Revenue for filing or indexing | ||
a
lien, certificate of lien release or subordination, or any | ||
other type of notice
or other documentation affecting or | ||
concerning a lien is $5. Regardless of
any other provision in | ||
this Section, the maximum fee that may be collected from
the | ||
Department of Revenue for indexing each additional name in | ||
excess
of one for any lien, certificate of lien release or | ||
subordination, or any other
type of notice or other | ||
documentation affecting or concerning a lien is $1. | ||
A statement of the costs of providing each service, program | ||
and activity
shall be prepared by the county board. All | ||
supporting documents shall be
public record and subject to | ||
public examination and audit. All direct and
indirect costs, as | ||
defined in the United States Office of Management and
Budget | ||
Circular A-87, may be included in the determination of the | ||
costs of
each service, program and activity. | ||
(Source: P.A. 100-271, eff. 8-22-17.)
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(55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
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Sec. 4-12002. Fees of recorder in third class counties. | ||
Except as provided for in Section 4-12002.1, the The fees of
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the recorder in counties of the third class for recording deeds | ||
or other
instruments in writing and maps of plats of additions, | ||
subdivisions or
otherwise, and for certifying copies of | ||
records, shall be paid in advance
and shall be as follows:
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For recording deeds or other instruments $20 for the first | ||
2 pages
thereof, plus $2 for each additional page thereof. The | ||
aggregate minimum fee
for recording
any one instrument shall | ||
not be less than $20.
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For recording deeds or other instruments wherein the | ||
premises
affected thereby are referred to by document number | ||
and not by legal
description the recorder shall charge a fee of | ||
$4 in addition
to that hereinabove referred to for each | ||
document number therein noted.
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For recording deeds or other instruments wherein more than | ||
one tract,
parcel or lot is described and such additional | ||
tract, or tracts, parcel
or parcels, lot or lots is or are | ||
described therein as falling in a
separate or different | ||
addition or subdivision the recorder
shall charge as an | ||
additional fee, to that herein provided, the sum of
$2 for each | ||
additional addition or subdivision referred to in such deed
or | ||
instrument.
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For recording any document that affects an interest in real |
property other than documents which solely affect or relate to | ||
an easement for water, sewer, electricity, gas, telephone or | ||
other public service, the recorder shall charge a fee of $1 per | ||
document to all filers of documents not filed by any State | ||
agency, any unit of local government, or any school district. | ||
Fifty cents of the $1 fee hereby established shall be deposited | ||
into the County General Revenue Fund. The remaining $0.50 shall | ||
be deposited into the County Recorder Document Storage System | ||
Fund and may not be appropriated or expended for any other | ||
purpose. The additional amounts available to the recorder for | ||
expenditure from the County Recorder Document Storage System | ||
Fund shall not offset or reduce any other county appropriations | ||
or funding for the office of the recorder. | ||
For recording maps or plats of additions, subdivisions or | ||
otherwise
(including the spreading of the same of record in | ||
well bound books) $100
plus $2 for each tract, parcel or lot | ||
contained therein.
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For certified copies of records the same fees as for | ||
recording, but
in no case shall the fee for a certified copy of | ||
a map or plat of an
addition, subdivision or otherwise exceed | ||
$200.
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For non-certified copies of records, an amount not to | ||
exceed one half of
the amount provided herein for certified | ||
copies, according to a standard scale
of fees, established by | ||
county ordinance and made public.
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For filing of each release of any chattel mortgage or trust |
deed
which has been filed but not recorded and for indexing the | ||
same in the
book to be kept for that purpose $10.
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For processing the sworn or affirmed statement required for | ||
filing a deed
or assignment of a beneficial interest in a land | ||
trust in accordance with
Section 3-5020 of this Code, $2.
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The recorder shall charge an additional fee, in an amount | ||
equal to the
fee otherwise provided by law, for recording a | ||
document (other than a
document filed under the Plat Act or the | ||
Uniform Commercial Code) that does
not conform to
the following | ||
standards:
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(1) The document shall consist of one or more | ||
individual sheets
measuring 8.5 inches by 11 inches, not | ||
permanently bound and not a
continuous form. Graphic | ||
displays accompanying a document to be recorded
that | ||
measure up to 11 inches by 17 inches shall be recorded | ||
without charging
an additional fee.
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(2) The document shall be legibly printed in black ink,
| ||
by hand, type, or
computer. Signatures and dates may
be
in | ||
contrasting colors if they will reproduce clearly.
| ||
(3) The document shall be on white paper of not less | ||
than 20-pound
weight and shall have a clean margin of at | ||
least one-half inch on the top, the
bottom, and each side. | ||
Margins may be used only for non-essential notations
that | ||
will not affect the validity of the document, including but | ||
not limited to
form numbers, page numbers, and customer | ||
notations.
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(4) The first page of the document shall contain a | ||
blank space, measuring
at least 3 inches by 5 inches, from | ||
the upper right corner.
| ||
(5) The document shall not have any attachment stapled | ||
or otherwise
affixed to any page.
| ||
A document that does not conform to these standards shall
not | ||
be recorded except upon payment of the additional fee required | ||
under
this paragraph. This paragraph, as amended by this | ||
amendatory Act of 1995,
applies only to documents dated after | ||
the effective date of this amendatory
Act of 1995.
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The recorder shall collect a $9 Rental Housing Support | ||
Program State surcharge for the recordation of any real | ||
estate-related document. Payment of the Rental Housing Support | ||
Program State surcharge shall be evidenced by a receipt that | ||
shall be marked upon or otherwise affixed to the real | ||
estate-related document by the recorder. The form of this | ||
receipt shall be prescribed by the Department of Revenue and | ||
the receipts shall be issued by the Department of Revenue to | ||
each county recorder.
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The recorder shall not collect the Rental Housing Support | ||
Program State surcharge from any State agency, any unit of | ||
local government or any school district.
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On the 15th day of each month, each county recorder shall | ||
report
to the Department of Revenue, on a form prescribed by | ||
the Department,
the number of real estate-related documents | ||
recorded for which
the Rental Housing Support Program
State |
surcharge was collected. Each recorder shall submit $9 of each | ||
surcharge collected in the
preceding month to the Department of | ||
Revenue and the Department
shall deposit these amounts in the | ||
Rental Housing Support Program Fund. Subject to appropriation, | ||
amounts in the Fund may be expended only for the purpose of | ||
funding and administering the Rental Housing Support Program. | ||
For purposes of this Section, "real estate-related | ||
document" means that term as it is defined in Section 7 of the | ||
Rental Housing Support Program Act.
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The fee requirements of this Section apply to units of | ||
local
government and school districts.
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Regardless of any other provision in this Section, the | ||
maximum fee that may
be collected from the Department of | ||
Revenue for filing or indexing a
lien, certificate of lien | ||
release or subordination, or any other type of notice
or other | ||
documentation affecting or concerning a lien is $5. Regardless | ||
of any
other provision in this Section, the maximum fee that | ||
may be collected from the
Department of Revenue for indexing | ||
each additional name in excess of
one for any lien, certificate | ||
of lien release or subordination, or any other
type of notice | ||
or other documentation affecting or concerning a lien is $1.
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(Source: P.A. 98-5, eff. 3-22-13.)
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(55 ILCS 5/4-12002.1 new) | ||
Sec. 4-12002.1. 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
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Commercial Code; | ||
(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 $29 (being a minimum $20 county fee plus | ||
$9 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 $29 (being a | ||
minimum $20 county fee plus $9 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 $29 (being a minimum $20 county fee plus $9 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 $29 (being a minimum | ||
$20 county fee plus $9 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 $29 (being a minimum $20 | ||
county fee plus $9 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.
|