Full Text of SB0694 103rd General Assembly
SB0694sam001 103RD GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/16/2024 | | 10300SB0694sam001 | | LRB103 03147 AWJ 72355 a |
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| 1 | | AMENDMENT TO SENATE BILL 694
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 694 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Sections 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 | 8 | | soon as practicable after the receipt of any instrument in | 9 | | writing in the office, entitled to be recorded, record the | 10 | | same at length in the order of time of its reception, in well | 11 | | bound books or computer databases to be provided for that | 12 | | purpose. In counties of 500,000 or more inhabitants, the | 13 | | recorder may microphotograph or otherwise reproduce on film or | 14 | | store electronically any of such instruments in the manner | 15 | | provided by law. In counties of less than 500,000 inhabitants, | 16 | | the recorder may cause to be microphotographed or otherwise |
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| 1 | | reproduced on film any of such instruments or electronic | 2 | | method of storage. When any such instrument is reproduced on | 3 | | film or electronic method of storage, the film or electronic | 4 | | method of storage shall comply with the minimum standards of | 5 | | quality approved for records of the State Records Commission | 6 | | and the device used to reproduce the records on the film or | 7 | | electronic method of storage shall be one which accurately | 8 | | reproduces the contents of the original. | 9 | | (Source: P.A. 103-400, eff. 1-1-24 .) | 10 | | (55 ILCS 5/3-5018.2) | 11 | | Sec. 3-5018.2. Predictable fee schedule for recordings in | 12 | | first and second class counties. | 13 | | (a) The fees of the recorder in counties of the first and | 14 | | second class for recording deeds or other instruments in | 15 | | writing and maps of plats of additions, subdivisions, or | 16 | | otherwise and for certifying copies of records shall be paid | 17 | | in advance and shall conform to this Section. The fees or | 18 | | surcharges shall not, unless otherwise provided in this | 19 | | Section, be based on the individual attributes of a document | 20 | | to be recorded, including, but not limited to, page count; | 21 | | number, length, or type of legal descriptions; number of tax | 22 | | identification or other parcel-identifying code numbers; | 23 | | units; number of common addresses; number of references | 24 | | contained as to other recorded documents or document numbers; | 25 | | or any other individual attribute of the document. The fees |
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| 1 | | charged under this Section shall be inclusive of all county | 2 | | and State fees that the county may elect or is required to | 3 | | impose or adjust, including, but not limited to, GIS fees, | 4 | | automation fees, document storage fees, and the Rental Housing | 5 | | Support Program State and county surcharges. | 6 | | (b) A county of the first or second class shall adopt and | 7 | | implement, by ordinance or resolution, a predictable fee | 8 | | schedule as provided in subsection (c) that eliminates | 9 | | surcharges or fees based on the individual attributes of a | 10 | | document to be recorded. If a county has previously adopted an | 11 | | ordinance or resolution adopting a predictable fee schedule, | 12 | | the county must adopt an ordinance or resolution revising that | 13 | | predictable fee schedule to be consistent with this Section. | 14 | | After a document class predictable fee is approved by a county | 15 | | board consistent with this Section, the county board may, by | 16 | | ordinance or resolution, increase the document class | 17 | | predictable fee and collect the increased fees if the | 18 | | established fees are not sufficient to cover the costs of | 19 | | providing the services related to the document class for which | 20 | | the fee is to be increased. | 21 | | For the purposes of the fee charged, the ordinance or | 22 | | resolution shall divide documents into the classifications | 23 | | specified in subsection (c), and shall establish a single, | 24 | | all-inclusive county and State-imposed aggregate predictable | 25 | | fee charged for each classification of document at the time of | 26 | | recording for that document. Each document, unless otherwise |
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| 1 | | provided in this Section, shall fall within one of the | 2 | | document class predictable fee classifications set by | 3 | | subsection (c), and fees for each document class shall be | 4 | | charged only as allowed by this Section. | 5 | | Before approval of an ordinance or resolution under this | 6 | | subsection that creates or modifies a predictable fee | 7 | | schedule, the recorder or county clerk shall post a notice in | 8 | | the recorder's or clerk's office at least 2 weeks prior, but | 9 | | not more than 4 weeks prior, to the public meeting at which the | 10 | | ordinance or resolution may be adopted. The notice shall | 11 | | contain the proposed ordinance or resolution number, if any, | 12 | | the proposed document class predictable fees for each | 13 | | classification, and a reference to this Section and this | 14 | | amendatory Act of the 103rd General Assembly. A predictable | 15 | | fee schedule takes effect 60 days after an ordinance or | 16 | | resolution is adopted, unless the fee schedule was previously | 17 | | created and the ordinance or resolution is a modification | 18 | | allowed under this Section. | 19 | | Nothing in this Section precludes a county board from | 20 | | adjusting amounts or allocations within a given document class | 21 | | predictable fee when the document class predictable fee is not | 22 | | increased or precludes an alternate predictable fee schedule | 23 | | for electronic recording within each of the classifications | 24 | | under subsection (c). | 25 | | The county board may, by ordinance or resolution, increase | 26 | | the fees allowed in the predictable fee schedule if the |
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| 1 | | increase is justified by an acceptable cost study or internal | 2 | | analysis of a minimum of 3 years showing that the fees allowed | 3 | | by this Section are not sufficient to cover the cost of | 4 | | providing the service. | 5 | | A statement of the cost of providing each service, | 6 | | program, and activity shall be prepared by the county board. | 7 | | All supporting documents to the statement are public records | 8 | | and subject to public examination and audit. All direct and | 9 | | indirect costs, as defined in the United States Office of | 10 | | Management and Budget Circular A-87, may be included in the | 11 | | determination of the costs of each service, program, and | 12 | | activity. | 13 | | If the Rental Housing Support Program State surcharge is | 14 | | amended and the surcharge is increased or lowered, the | 15 | | aggregate amount of the document predictable fee attributable | 16 | | to the surcharge in the document may be changed accordingly. | 17 | | If any fee or surcharge is changed by State statute, the county | 18 | | may increase the document class fees by the same amount | 19 | | without any cost study. | 20 | | (c) A predictable fee schedule ordinance or resolution | 21 | | adopted under this Section shall list document fees, including | 22 | | document class predictable fees. The document classes shall be | 23 | | as follows: | 24 | | (1) Deeds. The aggregate fee for recording deeds shall | 25 | | not be less than $31 (being a minimum $13 county fee plus | 26 | | $18 for the Rental Housing Support Program State |
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| 1 | | surcharge). Inclusion of language in the deed as to any | 2 | | restriction; covenant; lien; oil, gas, or other mineral | 3 | | interest; easement; lease; or a mortgage shall not alter | 4 | | the classification of a document as a deed. | 5 | | (2) Leases, lease amendments, and similar transfer of | 6 | | interest documents. The aggregate fee for recording | 7 | | leases, lease amendments, and similar transfers of | 8 | | interest documents shall not be less than $31 (being a | 9 | | minimum $13 county fee plus $18 for the Rental Housing | 10 | | Support Program State surcharge). | 11 | | (3) Mortgages. The aggregate fee for recording | 12 | | mortgages, including assignments, extensions, amendments, | 13 | | subordinations, and mortgage releases shall not be less | 14 | | than $31 (being a minimum $13 county fee plus $18 for the | 15 | | Rental Housing Support Program State surcharge). | 16 | | (4) Easements not otherwise part of another | 17 | | classification. The aggregate fee for recording easements | 18 | | not otherwise part of another classification, including | 19 | | assignments, extensions, amendments, and easement releases | 20 | | not filed by a State agency, unit of local government, or | 21 | | school district, shall not be less than $31 (being a | 22 | | minimum $13 county fee plus $18 for the Rental Housing | 23 | | Support Program State surcharge). | 24 | | (5) Nonstandard Irregular documents. Any document | 25 | | presented that does not conform to the following | 26 | | standards, even if it may qualify for another document |
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| 1 | | class, may be recorded under this document class (5) if | 2 | | the nonstandard document irregularity allows a legible | 3 | | reproduction of the document presented: | 4 | | (A) The document shall consist of one or more | 5 | | individual sheets measuring 8.5 inches by 11 inches, | 6 | | not permanently bound, and not a continuous form. | 7 | | Graphic displays accompanying a document to be | 8 | | recorded that measure up to 11 inches by 17 inches | 9 | | shall be recorded without charging an additional fee. | 10 | | (B) The document shall be legibly printed in black | 11 | | ink by hand, type, or computer. Signatures and dates | 12 | | may be in contrasting colors if they will reproduce | 13 | | clearly. | 14 | | (C) The document shall be on white paper of not | 15 | | less than 20-pound weight and shall have a clean | 16 | | margin of at least one-half inch on the top, the | 17 | | bottom, and each side. Margins may be used only for | 18 | | non-essential notations that will not affect the | 19 | | validity of the document, including, but not limited | 20 | | to, form numbers, page numbers, and customer | 21 | | notations. | 22 | | (D) The first page of the document shall contain a | 23 | | blank space, measuring at least 3 inches by 5 inches, | 24 | | from the upper right corner. | 25 | | (E) The document shall not have any attachment | 26 | | stapled or otherwise affixed to any page. |
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| 1 | | (F) The document makes specific reference to 5 or | 2 | | fewer tax parcels, units, property identification | 3 | | numbers, or document numbers. | 4 | | The aggregate fee for recording a nonstandard an | 5 | | irregular document shall not be less than $31 (being a | 6 | | minimum $13 county fee plus $18 for the Rental Housing | 7 | | Support Program State surcharge). A county may adopt by | 8 | | ordinance and publish with its fee schedule an additional | 9 | | fee or formula for a document that makes specific | 10 | | reference to more than 5 tax parcels, units, property | 11 | | identification numbers, or document numbers. | 12 | | (6) (Blank). Blanket recordings. For any document that | 13 | | makes specific reference to more than 5 tax parcels or | 14 | | property identification numbers, or makes reference to 5 | 15 | | or more document numbers, the aggregate fee shall be not | 16 | | less than $31 (being a minimum $13 county fee plus $18 for | 17 | | the Rental Housing Support Program State surcharge). A | 18 | | county may adopt by ordinance and publish with its fee | 19 | | schedule an additional fee or formula for each parcel, | 20 | | property identification number, or document reference, | 21 | | above 5, contained in an accepted document. | 22 | | (7) Miscellaneous. The aggregate fee for recording | 23 | | documents that do not otherwise fall falling within | 24 | | classifications under paragraphs (1) through (6) or | 25 | | paragraph (8) or (9) and that are not otherwise exempted | 26 | | documents shall not be less than $31 (being a minimum $13 |
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| 1 | | county fee plus $18 for the Rental Housing Support Program | 2 | | State surcharge). | 3 | | (8) Maps or plats of additions, subdivisions, or | 4 | | otherwise. (d) For recording maps or plats of additions, | 5 | | subdivisions, or otherwise , the minimum fee shall be $50 | 6 | | (including the spreading of the same of record in well | 7 | | bound books), $100 plus $2 for each tract, parcel, or lot | 8 | | contained in the map or plat . | 9 | | (9) Other. (e) Documents presented that meet the | 10 | | following criteria shall be charged as follows, | 11 | | notwithstanding document classes (1) through (8) otherwise | 12 | | provided by law or ordinance : | 13 | | (A) A (1) a document recorded pursuant to the | 14 | | Uniform Commercial Code shall be charged as provided | 15 | | in the Uniform Commercial Code or as otherwise by law. | 16 | | ; or | 17 | | (B) A (2) a State tax lien or a federal tax lien | 18 | | shall be charged as otherwise provided by law or | 19 | | ordinance, except that .Notwithstanding any other | 20 | | provision in this Section: (i) the minimum maximum fee | 21 | | that shall may be collected from the Department of | 22 | | Revenue for filing or indexing a tax lien, certificate | 23 | | of lien release or subordination, or any other type of | 24 | | notice or other documentation affecting or concerning | 25 | | a tax lien is $11, and $5; and (ii) the minimum maximum | 26 | | fee that shall may be collected from the Department of |
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| 1 | | Revenue or Internal Revenue Service for indexing each | 2 | | additional name in excess of one for any lien, | 3 | | certificate of lien release or subordination, or any | 4 | | other type of notice or other documentation affecting | 5 | | or concerning a lien is $1. | 6 | | (C) A document recorded by a unit of local | 7 | | government, State agency, or public utility, as that | 8 | | term is defined in Section 3-105 of the Public | 9 | | Utilities Act, may be charged a minimum fee for any | 10 | | instrument presented for recording that falls under | 11 | | the guideline of the predictable fee schedule as | 12 | | follows: a $12 county fee, a $3 GIS fee, and a $3 | 13 | | automation fee, document storage fee, or both. Fees | 14 | | under this subparagraph may be increased or any other | 15 | | applicable fee may be imposed if adopted by a county | 16 | | board resolution or ordinance and justified by an | 17 | | acceptable cost study showing that the fees allowed by | 18 | | this subparagraph are not sufficient to cover the cost | 19 | | of providing the service. | 20 | | (D) (f) For recording any document that affects an | 21 | | interest in real property, other than documents which | 22 | | solely affect or relate to an easement for water, | 23 | | sewer, electricity, gas, telephone, or other public | 24 | | service, the recorder shall charge a minimum fee of $1 | 25 | | per document to all filers of documents not filed by | 26 | | any State agency, any unit of local government, any |
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| 1 | | public utility, as that term is defined in Section | 2 | | 3-105 of the Public Utilities Act, or any school | 3 | | district. Half of the fee shall be deposited into the | 4 | | county general revenue fund. The remaining half shall | 5 | | be deposited into the County Recorder Document Storage | 6 | | System Fund and may not be appropriated or expended | 7 | | for any other purpose. The additional amounts | 8 | | available to the recorder for expenditure from the | 9 | | County Recorder Document Storage System Fund shall not | 10 | | offset or reduce any other county appropriations or | 11 | | funding for the office of the recorder. | 12 | | (d) (g) For certified and non-certified copies of records, | 13 | | the recorder and county may set a predictable fee for all | 14 | | copies that does not exceed the highest total recording fee in | 15 | | any established document classes, unless the copy fee is | 16 | | otherwise provided in statute or ordinance. The total fee for | 17 | | a certified copy of a map or plat of an addition, subdivision, | 18 | | or otherwise may not exceed $200. | 19 | | The fees allowed under this subsection apply to all | 20 | | records, regardless of when they were recorded, based on | 21 | | current recording fees. These predictable fees for certified | 22 | | and non-certified copies shall apply to portions of documents | 23 | | and to copies provided in any format, including paper, | 24 | | microfilm, or electronic. A county may adopt a per-line | 25 | | pricing structure for copies of information in database | 26 | | format. |
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| 1 | | (e) (h) As provided under subsection (c), the recorder | 2 | | shall collect an $18 Rental Housing Support Program State | 3 | | surcharge for the recordation of any real estate-related | 4 | | document. Payment of the Rental Housing Support Program State | 5 | | surcharge shall be evidenced by a receipt that shall be marked | 6 | | upon or otherwise affixed to the real estate-related document | 7 | | by the recorder. The form of this receipt shall be prescribed | 8 | | by the Department of Revenue and the receipts shall be issued | 9 | | by the Department of Revenue to each county recorder. | 10 | | The recorder shall not collect the Rental Housing Support | 11 | | Program State surcharge from any State agency, unit of local | 12 | | government, or school district. | 13 | | On the 15th day of each month, each county recorder shall | 14 | | report to the Department of Revenue, on a form prescribed by | 15 | | the Department, the number of real estate-related documents | 16 | | recorded for which the Rental Housing Support Program State | 17 | | surcharge was collected. Each recorder shall submit $18 of | 18 | | each surcharge collected in the preceding month to the | 19 | | Department of Revenue and the Department shall deposit these | 20 | | amounts in the Rental Housing Support Program Fund. Subject to | 21 | | appropriation, amounts in the Fund may be expended only for | 22 | | the purpose of funding and administering the Rental Housing | 23 | | Support Program. | 24 | | As used in this subsection, "real estate-related document" | 25 | | means that term as it is defined in Section 7 of the Rental | 26 | | Housing Support Program Act. |
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| 1 | | (f) A county board in counties of the first and second | 2 | | class may allow, by ordinance, a recorder to charge the | 3 | | following fees in addition to those fees otherwise allowed | 4 | | under this Section: | 5 | | (1) Automation fee. A minimum automation fee of $3 may | 6 | | be charged for filing every instrument, paper, or notice | 7 | | for record in order to defray the cost of converting the | 8 | | recorder's document storage system to computers or | 9 | | micrographics and in order to defray the cost of providing | 10 | | access to records through the Internet. A special fund | 11 | | shall be established by the treasurer of a county, and the | 12 | | moneys collected through the automation fee shall be | 13 | | deposited into the special fund and used for a document | 14 | | storage system to provide the equipment, materials, and | 15 | | necessary expenses incurred to help defray the costs of | 16 | | implementing and maintaining the document record system | 17 | | and for a system to provide electronic access to those | 18 | | records. | 19 | | (2) GIS fee. In a county that provides and maintains a | 20 | | countywide map through a geographic information system, a | 21 | | minimum GIS fee of $3 may be charged for filing every | 22 | | instrument, paper, or notice for record in order to defray | 23 | | the cost of implementing or maintaining the county's | 24 | | geographic information system and in order to defray the | 25 | | cost of providing electronic or automated access to the | 26 | | county's geographic information system or property |
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| 1 | | records. Of that amount, a minimum of $2 must be deposited | 2 | | into a special fund established by the treasurer of the | 3 | | county, and any moneys collected through the GIS fee shall | 4 | | be deposited into that special fund and used for the | 5 | | equipment, materials, and necessary expenses incurred in | 6 | | implementing and maintaining the geographic information | 7 | | system and to defray the cost of providing electronic | 8 | | access to the county geographic information system | 9 | | records. The remaining $1 must be deposited into the | 10 | | recorder's special funds created under Section 3-5005.4. | 11 | | The recorder may, at the recorder's discretion, use moneys | 12 | | in the funds created under Section 3-5005.4 to defray the | 13 | | cost of implementing or maintaining the county's | 14 | | geographic information system and to defray the cost of | 15 | | providing electronic access to the county's geographic | 16 | | information system records. | 17 | | (Source: P.A. 103-400, eff. 1-1-24 .)". |
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