Full Text of SB0524 102nd General Assembly
SB0524 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0524 Introduced 2/23/2021, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-5018 | from Ch. 34, par. 3-5018 | 55 ILCS 5/3-5018.1 | | 55 ILCS 5/4-12002 | from Ch. 34, par. 4-12002 | 55 ILCS 5/4-12002.1 | |
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Amends the Counties Code. Changes the Rental Housing Support Program State surcharge a county recorder must collect on each real-estate related document from $9 to $18. Makes conforming changes.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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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 | 5 | | Sections 3-5018, 3-5018.1, 4-12002, and 4-12002.1 as follows: | 6 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 7 | | Sec. 3-5018. Traditional fee schedule. Except as
provided | 8 | | for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder | 9 | | elected as provided for in this
Division shall receive such | 10 | | fees as are or may be provided for him or her by law,
in case | 11 | | of provision therefor: otherwise he or she shall receive the | 12 | | same fees as
are or may be provided in this Section, except | 13 | | when increased by county
ordinance or resolution pursuant to | 14 | | the provisions of this Section, to be paid to the
county clerk | 15 | | for his or her services in the office of recorder for like | 16 | | services. | 17 | | For recording deeds or other instruments, $12 for the | 18 | | first 4 pages
thereof, plus $1 for each additional page | 19 | | thereof, plus $1 for each
additional document number therein | 20 | | noted. The aggregate minimum fee
for recording any one | 21 | | instrument shall not be less than $12. | 22 | | For recording deeds or other instruments wherein the | 23 | | premises
affected thereby are referred to by document number |
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| 1 | | and not by legal
description, a fee of $1 in addition to that | 2 | | hereinabove referred to for
each document number therein | 3 | | noted. | 4 | | For recording assignments of mortgages, leases or liens, | 5 | | $12 for the
first 4 pages thereof, plus $1 for each additional | 6 | | page thereof. However,
except for leases and liens pertaining | 7 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 8 | | lien assignment assigns more than one
mortgage, lease or lien | 9 | | document, a $7 fee shall be charged for the recording
of each | 10 | | such mortgage, lease or lien document after the first one. | 11 | | For recording any document that affects an interest in | 12 | | real property other than documents which solely affect or | 13 | | relate to an easement for water, sewer, electricity, gas, | 14 | | telephone or other public service, the recorder shall charge a | 15 | | fee of $1 per document to all filers of documents not filed by | 16 | | any State agency, any unit of local government, or any school | 17 | | district. Fifty cents of the $1 fee hereby established shall | 18 | | be deposited into the County General Revenue Fund. The | 19 | | remaining $0.50 shall be deposited into the Recorder's | 20 | | Automation Fund and may not be appropriated or expended for | 21 | | any other purpose. The additional amounts available to the | 22 | | recorder for expenditure from the Recorder's Automation Fund | 23 | | shall not offset or reduce any other county appropriations or | 24 | | funding for the office of the recorder. | 25 | | For recording maps or plats of additions or subdivisions | 26 | | approved by the
county or municipality (including the |
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| 1 | | spreading of the same of record in
map case or other proper | 2 | | books) or plats of condominiums, $50 for the first
page, plus | 3 | | $1 for each additional page thereof except that in the case of
| 4 | | recording a single page, legal size 8 1/2 x 14, plat of survey | 5 | | in which
there are no more than two lots or parcels of land, | 6 | | the fee shall be $12.
In each county where such maps or plats | 7 | | are to be recorded, the recorder
may require the same to be | 8 | | accompanied by such number of exact, true and
legible copies | 9 | | thereof as the recorder deems necessary for the efficient
| 10 | | conduct and operation of his or her office. | 11 | | For non-certified copies of records, an amount not to | 12 | | exceed one-half of the amount provided in this Section for | 13 | | certified copies, according to a standard scale of fees, | 14 | | established by county ordinance or resolution and made public. | 15 | | The provisions of this paragraph shall not be applicable to | 16 | | any person or entity who obtains non-certified copies of | 17 | | records in the following manner: (i) in bulk for all documents | 18 | | recorded on any given day in an electronic or paper format for | 19 | | a negotiated amount less than the amount provided for in this | 20 | | paragraph for non-certified copies, (ii) under a contractual | 21 | | relationship with the recorder for a negotiated amount less | 22 | | than the amount provided for in this paragraph for | 23 | | non-certified copies, or (iii) by means of Internet access | 24 | | pursuant to Section 5-1106.1. | 25 | | For certified copies of records, the same fees as for | 26 | | recording, but
in no case shall the fee for a certified copy of |
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| 1 | | a map or plat of an
addition, subdivision or otherwise exceed | 2 | | $10. | 3 | | Each certificate of such recorder of the recording of the | 4 | | deed or
other writing and of the date of recording the same | 5 | | signed by such
recorder, shall be sufficient evidence of the | 6 | | recording thereof, and
such certificate including the indexing | 7 | | of record, shall be furnished
upon the payment of the fee for | 8 | | recording the instrument, and no
additional fee shall be | 9 | | allowed for the certificate or indexing. | 10 | | The recorder shall charge an additional fee, in an amount | 11 | | equal to the
fee otherwise provided by law, for recording a | 12 | | document (other than a
document filed under the Plat Act or the | 13 | | Uniform Commercial Code) that does
not conform to the | 14 | | following standards: | 15 | | (1) The document shall consist of one or more | 16 | | individual sheets measuring
8.5 inches by 11 inches, not | 17 | | permanently bound and not a continuous form.
Graphic | 18 | | displays accompanying a document to be recorded that | 19 | | measure up to 11
inches by 17 inches shall be recorded | 20 | | without charging an additional fee. | 21 | | (2) The document shall be legibly printed in black | 22 | | ink, by hand, type,
or computer. Signatures and dates may | 23 | | be in contrasting colors if they will
reproduce clearly. | 24 | | (3) The document shall be on white paper of not less | 25 | | than 20-pound
weight and shall have a clean margin of at | 26 | | least one-half inch on the top, the
bottom, and each side. |
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| 1 | | Margins may be used for non-essential notations that
will | 2 | | not affect the validity of the document, including but not | 3 | | limited to
form numbers, page numbers, and customer | 4 | | notations. | 5 | | (4) The first page of the document shall contain a | 6 | | blank space, measuring
at least 3 inches by 5 inches, from | 7 | | the upper right corner. | 8 | | (5) The document shall not have any attachment stapled | 9 | | or otherwise
affixed to any page. | 10 | | A document that does not conform to these standards shall
not | 11 | | be recorded except upon payment of the additional fee required | 12 | | under
this paragraph. This paragraph, as amended by this | 13 | | amendatory Act of 1995,
applies only to documents dated after | 14 | | the effective date of this amendatory
Act of 1995. | 15 | | The county board of any county may provide for an | 16 | | additional charge of $3
for filing every instrument, paper, or | 17 | | notice for record, (1)
in order to
defray the cost of | 18 | | converting the county recorder's document storage system
to | 19 | | computers or micrographics
and (2) in order to defray the cost | 20 | | of providing access to records through
the global
information | 21 | | system known as the Internet. | 22 | | A special fund shall be set up by the treasurer of the | 23 | | county and such
funds collected pursuant to Public Act 83-1321 | 24 | | shall be used (1)
for
a document storage system to provide the | 25 | | equipment, materials and necessary
expenses incurred to help | 26 | | defray the costs of implementing and maintaining
such a |
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| 1 | | document records system
and (2) for a system to provide | 2 | | electronic access to
those records. | 3 | | The county board of any county that provides and maintains | 4 | | a countywide map
through a Geographic Information System (GIS) | 5 | | may provide for an additional
charge of $3 for filing every | 6 | | instrument, paper, or notice for record (1)
in order
to defray | 7 | | the cost of implementing or maintaining the county's | 8 | | Geographic
Information System
and (2) in order to defray the | 9 | | cost of providing electronic or automated access to the
| 10 | | county's
Geographic
Information System or property records.
Of | 11 | | that amount, $2 must be deposited into a special fund
set up by | 12 | | the treasurer of the county, and any moneys collected pursuant | 13 | | to
this amendatory Act of the 91st General Assembly and | 14 | | deposited into that fund
must be used solely for the | 15 | | equipment, materials, and necessary expenses
incurred in | 16 | | implementing and maintaining a Geographic Information System | 17 | | and
in order to defray the cost of providing electronic access | 18 | | to the county's
Geographic Information System records.
The | 19 | | remaining $1 must be deposited into the recorder's special | 20 | | funds created
under Section 3-5005.4. The recorder may, in his | 21 | | or her discretion, use moneys
in the funds created under | 22 | | Section 3-5005.4 to defray the cost of implementing
or | 23 | | maintaining the county's Geographic Information System
and to | 24 | | defray the cost of providing electronic access to the county's
| 25 | | Geographic
Information System records. | 26 | | The recorder shall collect a $18 $9 Rental Housing Support |
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| 1 | | Program State
surcharge for the recordation of any real | 2 | | estate-related document. Payment of the
Rental Housing Support | 3 | | Program State surcharge shall be evidenced by a receipt
that | 4 | | shall be marked upon or otherwise affixed to the real | 5 | | estate-related document
by the recorder. The form of this | 6 | | receipt shall be prescribed by the Department
of Revenue and | 7 | | the receipts shall be issued by the Department of Revenue to
| 8 | | each county recorder. | 9 | | The recorder shall not collect the Rental Housing Support | 10 | | Program State surcharge from any State agency, any unit of | 11 | | local government or any school district. | 12 | | On the 15th day of each month, each county recorder shall | 13 | | report
to the Department of Revenue, on a form prescribed by | 14 | | the Department,
the number of real estate-related documents | 15 | | recorded for which
the Rental Housing Support Program
State | 16 | | surcharge was collected. Each recorder shall submit $18 $9 of | 17 | | each surcharge collected in the
preceding month to the | 18 | | Department of Revenue and the Department
shall deposit these | 19 | | amounts in the Rental Housing Support Program Fund. Subject to | 20 | | appropriation, amounts in the Fund may be expended only for | 21 | | the purpose of funding and administering the Rental Housing | 22 | | Support Program. | 23 | | For purposes of this Section, "real estate-related | 24 | | document" means that term as it is defined in Section 7 of the | 25 | | Rental Housing Support Program Act.
| 26 | | The foregoing fees allowed by this Section are the maximum |
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| 1 | | fees that
may be collected from any officer, agency, | 2 | | department or other
instrumentality of the State. The county | 3 | | board may, however, by ordinance or resolution,
increase the | 4 | | fees allowed by this Section and collect such increased fees
| 5 | | from all persons and entities other than officers, agencies, | 6 | | departments
and other instrumentalities of the State if the | 7 | | increase is justified by an
acceptable cost study showing that | 8 | | the fees allowed by this Section are not
sufficient to cover | 9 | | the cost of providing the service.
Regardless of any other | 10 | | provision in this Section, the maximum fee that may
be | 11 | | collected from the Department of Revenue for filing or | 12 | | indexing a
lien, certificate of lien release or subordination, | 13 | | or any other type of notice
or other documentation affecting | 14 | | or concerning a lien is $5. Regardless of
any other provision | 15 | | in this Section, the maximum fee that may be collected from
the | 16 | | Department of Revenue for indexing each additional name in | 17 | | excess
of one for any lien, certificate of lien release or | 18 | | subordination, or any other
type of notice or other | 19 | | documentation affecting or concerning a lien is $1. | 20 | | A statement of the costs of providing each service, | 21 | | program and activity
shall be prepared by the county board. | 22 | | All supporting documents shall be
public record and subject to | 23 | | public examination and audit. All direct and
indirect costs, | 24 | | as defined in the United States Office of Management and
| 25 | | Budget Circular A-87, may be included in the determination of | 26 | | the costs of
each service, program and activity. |
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| 1 | | (Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19 .) | 2 | | (55 ILCS 5/3-5018.1) | 3 | | Sec. 3-5018.1. Predictable fee schedule. | 4 | | (a) As used in this Section: | 5 | | "Nonstandard document" means: | 6 | | (1) a document that creates a division of a then | 7 | | active existing tax parcel identification number; | 8 | | (2) a document recorded pursuant to the Uniform | 9 | | Commercial Code; | 10 | | (3) a document which is non-conforming, as described | 11 | | in paragraphs (1) through (5) of Section 3-5018; | 12 | | (4) a State lien or a federal lien; | 13 | | (5) a document making specific reference to more than | 14 | | 5 tax parcel identification numbers in the county in which | 15 | | it is presented for recording; or | 16 | | (6) a document making specific reference to more than | 17 | | 5 other document numbers recorded in the county in which | 18 | | it is presented for recording. | 19 | | "Standard document" means any document other than a | 20 | | nonstandard document. | 21 | | (b) On or before January 1, 2019, a county shall adopt and | 22 | | implement, by ordinance or resolution, a predictable fee | 23 | | schedule that eliminates surcharges or fees based on the | 24 | | individual attributes of a standard document to be recorded. | 25 | | The initial predictable fee schedule approved by a county |
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| 1 | | board shall be set only as allowed under subsections (c) and | 2 | | (d) and any subsequent predictable fee schedule approved by a | 3 | | county board shall be set only as allowed under subsection | 4 | | (e). Except as to the recording of standard documents, the | 5 | | fees imposed by Section 3-5018 shall remain in effect. Under a | 6 | | predictable fee schedule, no charge shall be based on: page | 7 | | count; number, length, or type of legal descriptions; number | 8 | | of tax identification or other parcel identifying code | 9 | | numbers; number of common addresses; number of references | 10 | | contained as to other recorded documents or document numbers; | 11 | | or any other individual attribute of the document except as | 12 | | expressly provided in this Section. The fee charged under this | 13 | | Section shall be inclusive of all county and State fees that | 14 | | the county may elect or is required to impose or adjust, | 15 | | including, but not limited to, GIS fees, automation fees, | 16 | | document storage fees, and the Rental Housing Support Program | 17 | | State surcharge. | 18 | | A predictable fee schedule ordinance or resolution adopted | 19 | | under this Section shall list standard document fees, | 20 | | including document class flat fees as required by subsection | 21 | | (c), and non-standard document fees. | 22 | | Before approval of an ordinance or resolution under this | 23 | | Section, the recorder or county clerk shall post a notice in | 24 | | their office at least 2 weeks prior, but not more than 4 weeks | 25 | | prior, to the public meeting at which the ordinance or | 26 | | resolution may be adopted. The notice shall contain the |
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| 1 | | proposed ordinance or resolution number, if any, the proposed | 2 | | document class flat fees for each classification, and a | 3 | | reference to this Section or this amendatory Act of the 100th | 4 | | General Assembly. | 5 | | A predictable fee schedule takes effect 60 days after an | 6 | | ordinance or resolution is adopted. | 7 | | (c) Pursuant to an ordinance or resolution adopted under | 8 | | subsection (b), the recorder elected as provided for in this | 9 | | Division shall receive such fees as are or may be provided for | 10 | | him or her by law, in case of provision thereof: otherwise he | 11 | | or she shall receive the same fees as are or may be provided in | 12 | | this Section except when increased by county ordinance or | 13 | | resolution pursuant to the provisions of this Section, to be | 14 | | paid to the county clerk for his or her services in the office | 15 | | of recorder for like services. For the purposes of the fee | 16 | | charged, the ordinance or resolution shall divide standard | 17 | | documents into the following classifications and shall | 18 | | establish a single, all inclusive, county and State-imposed | 19 | | aggregate fee charged for each such classification of document | 20 | | at the time of recording for that document, which is called the | 21 | | document class flat fee. A standard document is not subject to | 22 | | more than one classification at the time of recording for the | 23 | | purposes of imposing any fee. Each standard document shall | 24 | | fall within one of the following document class flat fee | 25 | | classifications and fees for each document class shall be | 26 | | charged only as allowed by this subsection (c) and subsection |
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| 1 | | (d): | 2 | | (1) Deeds. The aggregate fee for recording deeds shall | 3 | | not be less than $30 $21 (being a minimum $12 county fee | 4 | | plus $18 $9 for the Rental Housing Support Program State | 5 | | surcharge). Inclusion of language in the deed as to any | 6 | | restriction; covenant; lien; oil, gas, or other mineral | 7 | | interest; easement; lease; or a mortgage shall not alter | 8 | | the classification of a document as a deed. | 9 | | (2) Leases, lease amendments, and similar transfer of | 10 | | interest documents. The aggregate fee for recording | 11 | | leases, lease amendments, and similar transfers of | 12 | | interest documents shall not be less than $30 $21 (being a | 13 | | minimum $12 county fee plus $18 $9 for the Rental Housing | 14 | | Support Program State surcharge). | 15 | | (3) Mortgages. The aggregate fee for recording | 16 | | mortgages, including assignments, extensions, amendments, | 17 | | subordinations, and mortgage releases shall not be less | 18 | | than $30 $21 (being a minimum $12 county fee plus $18 $9 | 19 | | for the Rental Housing Support Program State surcharge). | 20 | | (4) Easements not otherwise part of another | 21 | | classification. The aggregate fee for recording easements | 22 | | not otherwise part of another classification, including | 23 | | assignments, extensions, amendments, and easement releases | 24 | | not filed by a State agency, unit of local government, or | 25 | | school district shall not be less than $30 $21 (being a | 26 | | minimum $12 county fee plus $18 $9 for the Rental Housing |
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| 1 | | Support Program State surcharge). | 2 | | (5) Miscellaneous. The aggregate fee for recording | 3 | | documents not otherwise falling within classifications set | 4 | | forth in paragraphs (1) through (4) and are not | 5 | | nonstandard documents shall not be less than $30 $21 | 6 | | (being a minimum $12 county fee plus $18 $9 for the Rental | 7 | | Housing Support Program State surcharge).
Nothing in this | 8 | | subsection shall preclude an alternate predictable fee | 9 | | schedule for electronic recording within each of the | 10 | | classifications set forth in this subsection (c). If the | 11 | | Rental Housing Support Program State surcharge is amended | 12 | | and the surcharge is increased or lowered, the aggregate | 13 | | amount of the document flat fee attributable to the | 14 | | surcharge in the document may be changed accordingly. | 15 | | (d) If an ordinance or resolution establishing a | 16 | | predictable fee schedule is adopted pursuant to subsection (b) | 17 | | and any document class flat fee exceeds $21,
the county board | 18 | | shall: | 19 | | (1) obtain from the clerk or recorder an analysis of | 20 | | the average fees collected for the recording of each of | 21 | | the classifications under subsection (c) based on the 3 | 22 | | previous years of recording data, and, if a cost study has | 23 | | not been performed, set respective document class flat | 24 | | fees for each of the 5 document classifications at the | 25 | | average for that class rounded upward to the next whole | 26 | | dollar amount; or |
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| 1 | | (2) if a cost study has been completed within the last | 2 | | 3 years that shows $21 is not sufficient to cover the costs | 3 | | of providing the services related to each document class, | 4 | | obtain from the clerk or recorder an analysis of the | 5 | | average fees collected for the recording of each of the | 6 | | document classifications under subsection (c) from the | 7 | | date of the cost study and set respective document class | 8 | | flat fees for each of the 5 document classifications at | 9 | | the average for that document class rounded upward to the | 10 | | next whole dollar amount. | 11 | | (e) After a document class flat fee is approved by a county | 12 | | board under subsection (b), the county board may, by ordinance | 13 | | or resolution, increase the document class flat fee and | 14 | | collect the increased fees only if the increase is justified | 15 | | by a cost study that shows that the fees allowed by subsections | 16 | | (c) and (d) are not sufficient to cover the cost of providing | 17 | | the service related to the document class for which the fee is | 18 | | to be increased. A statement of the costs of providing each | 19 | | service, program, and activity shall be prepared by the county | 20 | | board. All supporting documents shall be public record and | 21 | | subject to public examination and audit. All direct and | 22 | | indirect costs, as defined in the United States Office of | 23 | | Management and Budget Circular A-87, may be included in the | 24 | | determination of the costs of each service, program, and | 25 | | activity. | 26 | | Nothing in this Section precludes a county board from |
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| 1 | | adjusting amounts or allocations within a given document class | 2 | | flat fee as long as the document class flat fee is not | 3 | | increased.
| 4 | | (Source: P.A. 100-271, eff. 8-22-17.)
| 5 | | (55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
| 6 | | Sec. 4-12002. Fees of recorder in third class counties. | 7 | | Except as provided for in Section 4-12002.1, the fees of
the | 8 | | recorder in counties of the third class for recording deeds or | 9 | | other
instruments in writing and maps of plats of additions, | 10 | | subdivisions or
otherwise, and for certifying copies of | 11 | | records, shall be paid in advance
and shall be as follows:
| 12 | | For recording deeds or other instruments $20 for the first | 13 | | 2 pages
thereof, plus $2 for each additional page thereof. The | 14 | | aggregate minimum fee
for recording
any one instrument shall | 15 | | not be less than $20.
| 16 | | For recording deeds or other instruments wherein the | 17 | | premises
affected thereby are referred to by document number | 18 | | and not by legal
description the recorder shall charge a fee of | 19 | | $4 in addition
to that hereinabove referred to for each | 20 | | document number therein noted.
| 21 | | For recording deeds or other instruments wherein more than | 22 | | one tract,
parcel or lot is described and such additional | 23 | | tract, or tracts, parcel
or parcels, lot or lots is or are | 24 | | described therein as falling in a
separate or different | 25 | | addition or subdivision the recorder
shall charge as an |
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| 1 | | additional fee, to that herein provided, the sum of
$2 for each | 2 | | additional addition or subdivision referred to in such deed
or | 3 | | instrument.
| 4 | | For recording any document that affects an interest in | 5 | | real property other than documents which solely affect or | 6 | | relate to an easement for water, sewer, electricity, gas, | 7 | | telephone or other public service, the recorder shall charge a | 8 | | fee of $1 per document to all filers of documents not filed by | 9 | | any State agency, any unit of local government, or any school | 10 | | district. Fifty cents of the $1 fee hereby established shall | 11 | | be deposited into the County General Revenue Fund. The | 12 | | remaining $0.50 shall be deposited into the County Recorder | 13 | | Document Storage System Fund and may not be appropriated or | 14 | | expended for any other purpose. The additional amounts | 15 | | available to the recorder for expenditure from the County | 16 | | Recorder Document Storage System Fund shall not offset or | 17 | | reduce any other county appropriations or funding for the | 18 | | office of the recorder. | 19 | | For recording maps or plats of additions, subdivisions or | 20 | | otherwise
(including the spreading of the same of record in | 21 | | well bound books) $100
plus $2 for each tract, parcel or lot | 22 | | contained therein.
| 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 | | $200.
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| 1 | | For non-certified copies of records, an amount not to | 2 | | exceed one half of
the amount provided herein for certified | 3 | | copies, according to a standard scale
of fees, established by | 4 | | county ordinance and made public.
| 5 | | For filing of each release of any chattel mortgage or | 6 | | trust deed
which has been filed but not recorded and for | 7 | | indexing the same in the
book to be kept for that purpose $10.
| 8 | | For processing the sworn or affirmed statement required | 9 | | for filing a deed
or assignment of a beneficial interest in a | 10 | | land trust in accordance with
Section 3-5020 of this Code, $2.
| 11 | | The recorder shall charge an additional fee, in an amount | 12 | | equal to the
fee otherwise provided by law, for recording a | 13 | | document (other than a
document filed under the Plat Act or the | 14 | | Uniform Commercial Code) that does
not conform to
the | 15 | | following standards:
| 16 | | (1) The document shall consist of one or more | 17 | | individual sheets
measuring 8.5 inches by 11 inches, not | 18 | | permanently bound and not a
continuous form. Graphic | 19 | | displays accompanying a document to be recorded
that | 20 | | measure up to 11 inches by 17 inches shall be recorded | 21 | | without charging
an additional fee.
| 22 | | (2) The document shall be legibly printed in black | 23 | | ink,
by hand, type, or
computer. Signatures and dates may
| 24 | | be
in contrasting colors if they will reproduce clearly.
| 25 | | (3) The document shall be on white paper of not less | 26 | | than 20-pound
weight and shall have a clean margin of at |
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| 1 | | least one-half inch on the top, the
bottom, and each side. | 2 | | Margins may be used only for non-essential notations
that | 3 | | will not affect the validity of the document, including | 4 | | but not limited to
form numbers, page numbers, and | 5 | | customer notations.
| 6 | | (4) The first page of the document shall contain a | 7 | | blank space, measuring
at least 3 inches by 5 inches, from | 8 | | the upper right corner.
| 9 | | (5) The document shall not have any attachment stapled | 10 | | or otherwise
affixed to any page.
| 11 | | A document that does not conform to these standards shall
not | 12 | | be recorded except upon payment of the additional fee required | 13 | | under
this paragraph. This paragraph, as amended by this | 14 | | amendatory Act of 1995,
applies only to documents dated after | 15 | | the effective date of this amendatory
Act of 1995.
| 16 | | The recorder shall collect a $18 $9 Rental Housing Support | 17 | | Program State surcharge for the recordation of any real | 18 | | estate-related document. Payment of the Rental Housing Support | 19 | | Program State surcharge shall be evidenced by a receipt that | 20 | | shall be marked upon or otherwise affixed to the real | 21 | | estate-related document by the recorder. The form of this | 22 | | receipt shall be prescribed by the Department of Revenue and | 23 | | the receipts shall be issued by the Department of Revenue to | 24 | | each county recorder.
| 25 | | The recorder shall not collect the Rental Housing Support | 26 | | Program State surcharge from any State agency, any unit of |
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| 1 | | local government or any school district.
| 2 | | On the 15th day of each month, each county recorder shall | 3 | | report
to the Department of Revenue, on a form prescribed by | 4 | | the Department,
the number of real estate-related documents | 5 | | recorded for which
the Rental Housing Support Program
State | 6 | | surcharge was collected. Each recorder shall submit $18 $9 of | 7 | | each surcharge collected in the
preceding month to the | 8 | | Department of Revenue and the Department
shall deposit these | 9 | | amounts in the Rental Housing Support Program Fund. Subject to | 10 | | appropriation, amounts in the Fund may be expended only for | 11 | | the purpose of funding and administering the Rental Housing | 12 | | Support Program. | 13 | | For purposes of this Section, "real estate-related | 14 | | document" means that term as it is defined in Section 7 of the | 15 | | Rental Housing Support Program Act.
| 16 | | The fee requirements of this Section apply to units of | 17 | | local
government and school districts.
| 18 | | Regardless of any other provision in this Section, the | 19 | | maximum fee that may
be collected from the Department of | 20 | | Revenue for filing or indexing a
lien, certificate of lien | 21 | | release or subordination, or any other type of notice
or other | 22 | | documentation affecting or concerning a lien is $5. Regardless | 23 | | of any
other provision in this Section, the maximum fee that | 24 | | may be collected from the
Department of Revenue for indexing | 25 | | each additional name in excess of
one for any lien, | 26 | | certificate of lien release or subordination, or any other
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| 1 | | type of notice or other documentation affecting or concerning | 2 | | a lien is $1.
| 3 | | (Source: P.A. 100-1034, eff. 1-1-19 .)
| 4 | | (55 ILCS 5/4-12002.1) | 5 | | Sec. 4-12002.1. Predictable fee schedule for recordings in | 6 | | third class counties. | 7 | | (a) As used in this Section: | 8 | | "Nonstandard document" means: | 9 | | (1) a document that creates a division of a then
| 10 | | active existing tax parcel identification number; | 11 | | (2) a document recorded pursuant to the Uniform
| 12 | | Commercial Code; | 13 | | (3) a document which is non-conforming, as described
| 14 | | in paragraphs (1) through (5) of Section 4-12002; | 15 | | (4) a State lien or a federal lien; | 16 | | (5) a document making specific reference to more than
| 17 | | 5 tax parcel identification numbers in the county in which | 18 | | it is presented for recording; or | 19 | | (6) a document making specific reference to more than
| 20 | | 5 other document numbers recorded in the county in which | 21 | | it is presented for recording. | 22 | | "Standard document" means any document other than a | 23 | | nonstandard document. | 24 | | (b) On or before January 1, 2020, a county shall adopt and | 25 | | implement, by ordinance or resolution, a predictable fee |
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| 1 | | schedule that eliminates surcharges or fees based on the | 2 | | individual attributes of a standard document to be recorded. | 3 | | The initial predictable fee schedule approved by a county | 4 | | board shall be set only as allowed under subsection (c) and any | 5 | | subsequent predictable fee schedule approved by a county board | 6 | | shall be set only as allowed under subsection (d). Except as to | 7 | | the recording of standard documents, the fees imposed by | 8 | | Section 4-12002 shall remain in effect. Under a predictable | 9 | | fee schedule, which only applies to standard documents, no | 10 | | charge shall be based on: page count; number, length, or type | 11 | | of legal descriptions; number of tax identification or other | 12 | | parcel identifying code numbers; number of common addresses; | 13 | | number of references contained as to other recorded documents | 14 | | or document numbers; or any other individual attribute of the | 15 | | document except as expressly provided in this Section. The fee | 16 | | charged under this Section shall be inclusive of all county | 17 | | and State fees that the county may elect or is required to | 18 | | impose or adjust, including, but not limited to, GIS fees, | 19 | | automation fees, document storage fees, and the Rental Housing | 20 | | Support Program State surcharge. | 21 | | A predictable fee schedule ordinance or resolution adopted | 22 | | under this Section shall list standard document fees, | 23 | | including document class flat fees as required by subsection | 24 | | (c), and nonstandard document fees. | 25 | | Before approval of an ordinance or resolution under this | 26 | | Section, the recorder or county clerk shall post a notice in |
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| 1 | | his or her office at least 2 weeks prior, but not more than 4 | 2 | | weeks prior, to the public meeting at which the ordinance or | 3 | | resolution may be adopted. The notice shall contain the | 4 | | proposed ordinance or resolution number, if any, the proposed | 5 | | document class flat fees for each classification, and a | 6 | | reference to this Section or this amendatory Act of the 100th | 7 | | General Assembly. | 8 | | A predictable fee schedule takes effect 60 days after an | 9 | | ordinance or resolution is adopted. | 10 | | (c) Pursuant to an ordinance or resolution adopted under | 11 | | subsection (b), the recorder elected as provided for in this | 12 | | Division shall receive such fees as are or may be provided for | 13 | | him or her by law, in case of provision thereof: otherwise he | 14 | | or she shall receive the same fees as are or may be provided in | 15 | | this Section except when increased by county ordinance or | 16 | | resolution pursuant to the provisions of this Section, to be | 17 | | paid to the county clerk for his or her services in the office | 18 | | of recorder for like services. For the purposes of the fee | 19 | | charged, the ordinance or resolution shall divide standard | 20 | | documents into the following classifications and shall | 21 | | establish a single, all-inclusive, county and State-imposed | 22 | | aggregate fee charged for each such classification of document | 23 | | at the time of recording for that document, which is called the | 24 | | document class flat fee. A standard document is not subject to | 25 | | more than one classification at the time of recording for the | 26 | | purposes of imposing any fee. Each standard document shall |
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| 1 | | fall within one of the following document class flat fee | 2 | | classifications and fees for each document class shall be | 3 | | charged only as allowed by this subsection (c) and subsection | 4 | | (d): | 5 | | (1) Deeds. The aggregate fee for recording deeds shall | 6 | | not be less than $38 $29 (being a minimum $20 county fee | 7 | | plus $18 $9 for the Rental Housing Support Program State | 8 | | surcharge). Inclusion of language in the deed as to any | 9 | | restriction; covenant; lien; oil, gas, or other mineral | 10 | | interest; easement; lease; or a mortgage shall not alter | 11 | | the classification of a document as a deed. | 12 | | (2) Leases, lease amendments, and similar transfer of
| 13 | | interest documents. The aggregate fee for recording | 14 | | leases, lease amendments, and similar transfers of | 15 | | interest documents shall not be less than $38 $29 (being a | 16 | | minimum $20 county fee plus $18 $9 for the Rental Housing | 17 | | Support Program State surcharge). | 18 | | (3) Mortgages. The aggregate fee for recording
| 19 | | mortgages, including assignments, extensions, amendments, | 20 | | subordinations, and mortgage releases shall not be less | 21 | | than $38 $29 (being a minimum $20 county fee plus $18 $9 | 22 | | for the Rental Housing Support Program State surcharge). | 23 | | (4) Easements not otherwise part of another
| 24 | | classification. The aggregate fee for recording easements | 25 | | not otherwise part of another classification, including | 26 | | assignments, extensions, amendments, and easement releases |
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| 1 | | not filed by a State agency, unit of local government, or | 2 | | school district shall not be less than $38 $29 (being a | 3 | | minimum $20 county fee plus $18 $9 for the Rental Housing | 4 | | Support Program State surcharge). | 5 | | (5) Miscellaneous. The aggregate fee for recording
| 6 | | documents not otherwise falling within classifications set | 7 | | forth in paragraphs (1) through (4) and are not | 8 | | nonstandard documents shall not be less than $38 $29 | 9 | | (being a minimum $20 county fee plus $18 $9 for the Rental | 10 | | Housing Support Program State surcharge). Nothing in this | 11 | | subsection shall preclude an alternate predictable fee | 12 | | schedule for electronic recording within each of the | 13 | | classifications set forth in this subsection (c). If the | 14 | | Rental Housing Support Program State surcharge is amended | 15 | | and the surcharge is increased or lowered, the aggregate | 16 | | amount of the document flat fee attributable to the | 17 | | surcharge in the document may be changed accordingly. | 18 | | (d) After a document class flat fee is approved by a county | 19 | | board under subsection (b), the county board may, by ordinance | 20 | | or resolution, increase the document class flat fee and | 21 | | collect the increased fees if the established fees are not | 22 | | sufficient to cover the costs of providing the services | 23 | | related to the document class for which the fee is to be | 24 | | increased. | 25 | | Nothing in this Section precludes a county board from | 26 | | adjusting amounts or allocations within a given document class |
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| 1 | | flat fee when the document class flat fee is not increased.
| 2 | | (Source: P.A. 100-1034, eff. 1-1-19 .)
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