Full Text of HB3036 100th General Assembly
HB3036enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 3-5018 and by adding Section 3-5018.1 as follows: | 6 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 7 | | Sec. 3-5018. Traditional fee schedule Fees . Except as
| 8 | | provided for in Section 3-5018.1, the The recorder elected as | 9 | | provided for in this
Division shall receive such fees as are or | 10 | | may be provided for him or her by law,
in case of provision | 11 | | therefor: otherwise he or she shall receive the same fees as
| 12 | | are or may be provided in this Section, except when increased | 13 | | by county
ordinance or resolution pursuant to the provisions of | 14 | | this Section, to be paid to the
county clerk for his or her | 15 | | services in the office of recorder for like services. | 16 | | For recording deeds or other instruments, $12 for the first | 17 | | 4 pages
thereof, plus $1 for each additional page thereof, plus | 18 | | $1 for each
additional document number therein noted. The | 19 | | aggregate minimum fee
for recording any one instrument shall | 20 | | not be less than $12. | 21 | | For recording deeds or other instruments wherein the | 22 | | premises
affected thereby are referred to by document number | 23 | | and not by legal
description, a fee of $1 in addition to that |
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| 1 | | hereinabove referred to for
each document number therein noted. | 2 | | For recording assignments of mortgages, leases or liens, | 3 | | $12 for the
first 4 pages thereof, plus $1 for each additional | 4 | | page thereof. However,
except for leases and liens pertaining | 5 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 6 | | lien assignment assigns more than one
mortgage, lease or lien | 7 | | document, a $7 fee shall be charged for the recording
of each | 8 | | such mortgage, lease or lien document after the first one. | 9 | | For recording any document that affects an interest in real | 10 | | property other than documents which solely affect or relate to | 11 | | an easement for water, sewer, electricity, gas, telephone or | 12 | | other public service, the recorder shall charge a fee of $1 per | 13 | | document to all filers of documents not filed by any State | 14 | | agency, any unit of local government, or any school district. | 15 | | Fifty cents of the $1 fee hereby established shall be deposited | 16 | | into the County General Revenue Fund. The remaining $0.50 shall | 17 | | be deposited into the Recorder's Automation Fund and may not be | 18 | | appropriated or expended for any other purpose. The additional | 19 | | amounts available to the recorder for expenditure from the | 20 | | Recorder's Automation Fund shall not offset or reduce any other | 21 | | county appropriations or funding for the office of the | 22 | | recorder. | 23 | | For recording maps or plats of additions or subdivisions | 24 | | approved by the
county or municipality (including the spreading | 25 | | of the same of record in
map case or other proper books) or | 26 | | plats of condominiums, $50 for the first
page, plus $1 for each |
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| 1 | | additional page thereof except that in the case of
recording a | 2 | | single page, legal size 8 1/2 x 14, plat of survey in which
| 3 | | there are no more than two lots or parcels of land, the fee | 4 | | shall be $12.
In each county where such maps or plats are to be | 5 | | recorded, the recorder
may require the same to be accompanied | 6 | | by such number of exact, true and
legible copies thereof as the | 7 | | recorder deems necessary for the efficient
conduct and | 8 | | operation of his or her office. | 9 | | For non-certified copies of records, an amount not to | 10 | | exceed one-half of the amount provided in this Section for | 11 | | certified copies, according to a standard scale of fees, | 12 | | established by county ordinance or resolution and made public. | 13 | | The provisions of this paragraph shall not be applicable to any | 14 | | person or entity who obtains non-certified copies of records in | 15 | | the following manner: (i) in bulk for all documents recorded on | 16 | | any given day in an electronic or paper format for a negotiated | 17 | | amount less than the amount provided for in this paragraph for | 18 | | non-certified copies, (ii) under a contractual relationship | 19 | | with the recorder for a negotiated amount less than the amount | 20 | | provided for in this paragraph for non-certified copies, | 21 | | or (iii) by means of Internet access pursuant to Section | 22 | | 5-1106.1. | 23 | | For certified copies of records, the same fees as for | 24 | | recording, but
in no case shall the fee for a certified copy of | 25 | | a map or plat of an
addition, subdivision or otherwise exceed | 26 | | $10. |
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| 1 | | Each certificate of such recorder of the recording of the | 2 | | deed or
other writing and of the date of recording the same | 3 | | signed by such
recorder, shall be sufficient evidence of the | 4 | | recording thereof, and
such certificate including the indexing | 5 | | of record, shall be furnished
upon the payment of the fee for | 6 | | recording the instrument, and no
additional fee shall be | 7 | | allowed for the certificate or indexing. | 8 | | The recorder shall charge an additional fee, in an amount | 9 | | equal to the
fee otherwise provided by law, for recording a | 10 | | document (other than a
document filed under the Plat Act or the | 11 | | Uniform Commercial Code) that does
not conform to the following | 12 | | standards: | 13 | | (1) The document shall consist of one or more | 14 | | individual sheets measuring
8.5 inches by 11 inches, not | 15 | | permanently bound and not a continuous form.
Graphic | 16 | | displays accompanying a document to be recorded that | 17 | | measure up to 11
inches by 17 inches shall be recorded | 18 | | without charging an additional fee. | 19 | | (2) The document shall be legibly printed in black ink, | 20 | | by hand, type,
or computer. Signatures and dates may be in | 21 | | contrasting colors if they will
reproduce clearly. | 22 | | (3) The document shall be on white paper of not less | 23 | | than 20-pound
weight and shall have a clean margin of at | 24 | | least one-half inch on the top, the
bottom, and each side. | 25 | | Margins may be used for non-essential notations that
will | 26 | | not affect the validity of the document, including but not |
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| 1 | | limited to
form numbers, page numbers, and customer | 2 | | notations. | 3 | | (4) The first page of the document shall contain a | 4 | | blank space, measuring
at least 3 inches by 5 inches, from | 5 | | the upper right corner. | 6 | | (5) The document shall not have any attachment stapled | 7 | | or otherwise
affixed to any page. | 8 | | A document that does not conform to these standards shall
not | 9 | | be recorded except upon payment of the additional fee required | 10 | | under
this paragraph. This paragraph, as amended by this | 11 | | amendatory Act of 1995,
applies only to documents dated after | 12 | | the effective date of this amendatory
Act of 1995. | 13 | | The county board of any county may provide for an | 14 | | additional charge of $3
for filing every instrument, paper, or | 15 | | notice for record, (1)
in order to
defray the cost of | 16 | | converting the county recorder's document storage system
to | 17 | | computers or micrographics
and (2) in order to defray the cost | 18 | | of providing access to records through
the global
information | 19 | | system known as the Internet. | 20 | | A special fund shall be set up by the treasurer of the | 21 | | county and such
funds collected pursuant to Public Act 83-1321 | 22 | | shall be used (1)
for
a document storage system to provide the | 23 | | equipment, materials and necessary
expenses incurred to help | 24 | | defray the costs of implementing and maintaining
such a | 25 | | document records system
and (2) for a system to provide | 26 | | electronic access to
those records. |
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| 1 | | The county board of any county that provides and maintains | 2 | | a countywide map
through a Geographic Information System (GIS) | 3 | | may provide for an additional
charge of $3 for filing every | 4 | | instrument, paper, or notice for record (1)
in order
to defray | 5 | | the cost of implementing or maintaining the county's Geographic
| 6 | | Information System
and (2) in order to defray the cost of | 7 | | providing electronic or automated access to the
county's
| 8 | | Geographic
Information System or property records.
Of that | 9 | | amount, $2 must be deposited into a special fund
set up by the | 10 | | treasurer of the county, and any moneys collected pursuant to
| 11 | | this amendatory Act of the 91st General Assembly and deposited | 12 | | into that fund
must be used solely for the equipment, | 13 | | materials, and necessary expenses
incurred in implementing and | 14 | | maintaining a Geographic Information System and
in order to | 15 | | defray the cost of providing electronic access to the county's
| 16 | | Geographic Information System records.
The remaining $1 must be | 17 | | deposited into the recorder's special funds created
under | 18 | | Section 3-5005.4. The recorder may, in his or her discretion, | 19 | | use moneys
in the funds created under Section 3-5005.4 to | 20 | | defray the cost of implementing
or maintaining the county's | 21 | | Geographic Information System
and to defray the cost of | 22 | | providing electronic access to the county's
Geographic
| 23 | | Information System records. | 24 | | The recorder shall collect a $9 Rental Housing Support | 25 | | Program State
surcharge for the recordation of any real | 26 | | estate-related document. Payment of the
Rental Housing Support |
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| 1 | | Program State surcharge shall be evidenced by a receipt
that | 2 | | shall be marked upon or otherwise affixed to the real | 3 | | estate-related document
by the recorder. The form of this | 4 | | receipt shall be prescribed by the Department
of Revenue and | 5 | | the receipts shall be issued by the Department of Revenue to
| 6 | | each county recorder. | 7 | | The recorder shall not collect the Rental Housing Support | 8 | | Program State surcharge from any State agency, any unit of | 9 | | local government or any school district. | 10 | | On the 15th day of each month, each county recorder shall | 11 | | report
to the Department of Revenue, on a form prescribed by | 12 | | the Department,
the number of real estate-related documents | 13 | | recorded for which
the Rental Housing Support Program
State | 14 | | surcharge was collected. Each recorder shall submit $9 of each | 15 | | surcharge collected in the
preceding month to the Department of | 16 | | Revenue and the Department
shall deposit these amounts in the | 17 | | Rental Housing Support Program Fund. Subject to appropriation, | 18 | | amounts in the Fund may be expended only for the purpose of | 19 | | funding and administering the Rental Housing Support Program. | 20 | | For purposes of this Section, "real estate-related | 21 | | document" means that term as it is defined in Section 7 of the | 22 | | Rental Housing Support Program Act.
| 23 | | The foregoing fees allowed by this Section are the maximum | 24 | | fees that
may be collected from any officer, agency, department | 25 | | or other
instrumentality of the State. The county board may, | 26 | | however, by ordinance or resolution ,
increase the fees allowed |
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| 1 | | by this Section and collect such increased fees
from all | 2 | | persons and entities other than officers, agencies, | 3 | | departments
and other instrumentalities of the State if the | 4 | | increase is justified by an
acceptable cost study showing that | 5 | | the fees allowed by this Section are not
sufficient to cover | 6 | | the cost of providing the service.
Regardless of any other | 7 | | provision in this Section, the maximum fee that may
be | 8 | | collected from the Department of Revenue for filing or indexing | 9 | | a
lien, certificate of lien release or subordination, or any | 10 | | other type of notice
or other documentation affecting or | 11 | | concerning a lien is $5. Regardless of
any other provision in | 12 | | this Section, the maximum fee that may be collected from
the | 13 | | Department of Revenue for indexing each additional name in | 14 | | excess
of one for any lien, certificate of lien release or | 15 | | subordination, or any other
type of notice or other | 16 | | documentation affecting or concerning a lien is $1. | 17 | | A statement of the costs of providing each service, program | 18 | | and activity
shall be prepared by the county board. All | 19 | | supporting documents shall be
public record and subject to | 20 | | public examination and audit. All direct and
indirect costs, as | 21 | | defined in the United States Office of Management and
Budget | 22 | | Circular A-87, may be included in the determination of the | 23 | | costs of
each service, program and activity. | 24 | | (Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; 98-756, | 25 | | eff. 7-16-14.) |
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| 1 | | (55 ILCS 5/3-5018.1 new) | 2 | | Sec. 3-5018.1. Predictable fee schedule. | 3 | | (a) As used in this Section: | 4 | | "Nonstandard document" means: | 5 | | (1) a document that creates a division of a then active | 6 | | existing tax parcel identification number; | 7 | | (2) a document recorded pursuant to the Uniform | 8 | | Commercial Code; | 9 | | (3) a document which is non-conforming, as described in | 10 | | paragraphs (1) through (5) of Section 3-5018; | 11 | | (4) a State lien or a federal lien; | 12 | | (5) a document making specific reference to more than 5 | 13 | | tax parcel identification numbers in the county in which it | 14 | | is presented for recording; or | 15 | | (6) a document making specific reference to more than 5 | 16 | | other document numbers recorded in the county in which it | 17 | | is presented for recording. | 18 | | "Standard document" means any document other than a | 19 | | nonstandard document. | 20 | | (b) On or before January 1, 2019, a county shall adopt and | 21 | | implement, by ordinance or resolution, a predictable fee | 22 | | schedule that eliminates surcharges or fees based on the | 23 | | individual attributes of a standard document to be recorded. | 24 | | The initial predictable fee schedule approved by a county board | 25 | | shall be set only as allowed under subsections (c) and (d) and | 26 | | any subsequent predictable fee schedule approved by a county |
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| 1 | | board shall be set only as allowed under subsection (e). Except | 2 | | as to the recording of standard documents, the fees imposed by | 3 | | Section 3-5018 shall remain in effect. Under a predictable fee | 4 | | schedule, no charge shall be based on: page count; number, | 5 | | length, or type of legal descriptions; number of tax | 6 | | identification or other parcel identifying code numbers; | 7 | | number of common addresses; number of references contained as | 8 | | to other recorded documents or document numbers; or any other | 9 | | individual attribute of the document except as expressly | 10 | | provided in this Section. The fee charged under this Section | 11 | | shall be inclusive of all county and State fees that the county | 12 | | may elect or is required to impose or adjust, including, but | 13 | | not limited to, GIS fees, automation fees, document storage | 14 | | fees, and the Rental Housing Support Program State surcharge. | 15 | | A predictable fee schedule ordinance or resolution adopted | 16 | | under this Section shall list standard document fees, including | 17 | | document class flat fees as required by subsection (c), and | 18 | | non-standard document fees. | 19 | | Before approval of an ordinance or resolution under this | 20 | | Section, the recorder or county clerk shall post a notice in | 21 | | their office at least 2 weeks prior, but not more than 4 weeks | 22 | | prior, to the public meeting at which the ordinance or | 23 | | resolution may be adopted. The notice shall contain the | 24 | | proposed ordinance or resolution number, if any, the proposed | 25 | | document class flat fees for each classification, and a | 26 | | reference to this Section or this amendatory Act of the 100th |
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| 1 | | General Assembly. | 2 | | A predictable fee schedule takes effect 60 days after an | 3 | | ordinance or resolution is adopted. | 4 | | (c) Pursuant to an ordinance or resolution adopted under | 5 | | subsection (b), the recorder elected as provided for in this | 6 | | Division shall receive such fees as are or may be provided for | 7 | | him or her by law, in case of provision thereof: otherwise he | 8 | | or she shall receive the same fees as are or may be provided in | 9 | | this Section except when increased by county ordinance or | 10 | | resolution pursuant to the provisions of this Section, to be | 11 | | paid to the county clerk for his or her services in the office | 12 | | of recorder for like services. For the purposes of the fee | 13 | | charged, the ordinance or resolution shall divide standard | 14 | | documents into the following classifications and shall | 15 | | establish a single, all inclusive, county and State-imposed | 16 | | aggregate fee charged for each such classification of document | 17 | | at the time of recording for that document, which is called the | 18 | | document class flat fee. A standard document is not subject to | 19 | | more than one classification at the time of recording for the | 20 | | purposes of imposing any fee. Each standard document shall fall | 21 | | within one of the following document class flat fee | 22 | | classifications and fees for each document class shall be | 23 | | charged only as allowed by this subsection (c) and subsection | 24 | | (d): | 25 | | (1) Deeds. The aggregate fee for recording deeds shall | 26 | | not be less than $21 (being a minimum $12 county fee plus |
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| 1 | | $9 for the Rental Housing Support Program State surcharge). | 2 | | Inclusion of language in the deed as to any restriction; | 3 | | covenant; lien; oil, gas, or other mineral interest; | 4 | | easement; lease; or a mortgage shall not alter the | 5 | | classification of a document as a deed. | 6 | | (2) Leases, lease amendments, and similar transfer of | 7 | | interest documents. The aggregate fee for recording | 8 | | leases, lease amendments, and similar transfers of | 9 | | interest documents shall not be less than $21 (being a | 10 | | minimum $12 county fee plus $9 for the Rental Housing | 11 | | Support Program State surcharge). | 12 | | (3) Mortgages. The aggregate fee for recording | 13 | | mortgages, including assignments, extensions, amendments, | 14 | | subordinations, and mortgage releases shall not be less | 15 | | than $21 (being a minimum $12 county fee plus $9 for the | 16 | | Rental Housing Support Program State surcharge). | 17 | | (4) Easements not otherwise part of another | 18 | | classification. The aggregate fee for recording easements | 19 | | not otherwise part of another classification, including | 20 | | assignments, extensions, amendments, and easement releases | 21 | | not filed by a State agency, unit of local government, or | 22 | | school district shall not be less than $21 (being a minimum | 23 | | $12 county fee plus $9 for the Rental Housing Support | 24 | | Program State surcharge). | 25 | | (5) Miscellaneous. The aggregate fee for recording | 26 | | documents not otherwise falling within classifications set |
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| 1 | | forth in paragraphs (1) through (4) and are not nonstandard | 2 | | documents shall not be less than $21 (being a minimum $12 | 3 | | county fee plus $9 for the Rental Housing Support Program | 4 | | State surcharge).
Nothing in this subsection shall | 5 | | preclude an alternate predictable fee schedule for | 6 | | electronic recording within each of the classifications | 7 | | set forth in this subsection (c). If the Rental Housing | 8 | | Support Program State surcharge is amended and the | 9 | | surcharge is increased or lowered, the aggregate amount of | 10 | | the document flat fee attributable to the surcharge in the | 11 | | document may be changed accordingly. | 12 | | (d) If an ordinance or resolution establishing a | 13 | | predictable fee schedule is adopted pursuant to subsection (b) | 14 | | and any document class flat fee exceeds $21,
the county board | 15 | | shall: | 16 | | (1) obtain from the clerk or recorder an analysis of | 17 | | the average fees collected for the recording of each of the | 18 | | classifications under subsection (c) based on the 3 | 19 | | previous years of recording data, and, if a cost study has | 20 | | not been performed, set respective document class flat fees | 21 | | for each of the 5 document classifications at the average | 22 | | for that class rounded upward to the next whole dollar | 23 | | amount; or | 24 | | (2) if a cost study has been completed within the last | 25 | | 3 years that shows $21 is not sufficient to cover the costs | 26 | | of providing the services related to each document class, |
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| 1 | | obtain from the clerk or recorder an analysis of the | 2 | | average fees collected for the recording of each of the | 3 | | document classifications under subsection (c) from the | 4 | | date of the cost study and set respective document class | 5 | | flat fees for each of the 5 document classifications at the | 6 | | average for that document class rounded upward to the next | 7 | | whole dollar amount. | 8 | | (e) After a document class flat fee is approved by a county | 9 | | board under subsection (b), the county board may, by ordinance | 10 | | or resolution, increase the document class flat fee and collect | 11 | | the increased fees only if the increase is justified by a cost | 12 | | study that shows that the fees allowed by subsections (c) and | 13 | | (d) are not sufficient to cover the cost of providing the | 14 | | service related to the document class for which the fee is to | 15 | | be increased. A statement of the costs of providing each | 16 | | service, program, and activity shall be prepared by the county | 17 | | board. All supporting documents shall be public record and | 18 | | subject to public examination and audit. All direct and | 19 | | indirect costs, as defined in the United States Office of | 20 | | Management and Budget Circular A-87, may be included in the | 21 | | determination of the costs of each service, program, and | 22 | | activity. | 23 | | Nothing in this Section precludes a county board from | 24 | | adjusting amounts or allocations within a given document class | 25 | | flat fee as long as the document class flat fee is not | 26 | | increased.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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