Full Text of HB4821 101st General Assembly
HB4821 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4821 Introduced 2/18/2020, by Rep. Tom Demmer SYNOPSIS AS INTRODUCED: |
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Amends the Recorder Division of the Counties Code. Provides that a "nonstandard document" in a predictable fee schedule includes a document relating to timeshare property making specific reference to more than 20 units. Provides that the fee for recording a document relating to timeshare property making specific reference to more than 20 units shall be $66.50 for the first 4 pages, $1 for each additional page, and, in addition to the page fees, $19.00 for each specifically-referenced unit in excess of 20. Limits home rule powers. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE 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 Section | 5 | | 3-5018.1 as follows: | 6 | | (55 ILCS 5/3-5018.1) | 7 | | Sec. 3-5018.1. Predictable fee schedule. | 8 | | (a) As used in this Section: | 9 | | "Nonstandard document" means: | 10 | | (1) a document that creates a division of a then active | 11 | | existing tax parcel identification number; | 12 | | (2) a document recorded pursuant to the Uniform | 13 | | Commercial Code; | 14 | | (3) a document which is non-conforming, as described in | 15 | | paragraphs (1) through (5) of Section 3-5018; | 16 | | (4) a State lien or a federal lien; | 17 | | (5) a document making specific reference to more than 5 | 18 | | tax parcel identification numbers in the county in which it | 19 | | is presented for recording; or | 20 | | (6) a document making specific reference to more than 5 | 21 | | other document numbers recorded in the county in which it | 22 | | is presented for recording ; or . | 23 | | (7) a document relating to timeshare property making |
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| 1 | | specific reference to more than 20 units. | 2 | | "Standard document" means any document other than a | 3 | | nonstandard document. | 4 | | (b) On or before January 1, 2019, a county shall adopt and | 5 | | implement, by ordinance or resolution, a predictable fee | 6 | | schedule that eliminates surcharges or fees based on the | 7 | | individual attributes of a standard document to be recorded. | 8 | | The initial predictable fee schedule approved by a county board | 9 | | shall be set only as allowed under subsections (c) and (d) and | 10 | | any subsequent predictable fee schedule approved by a county | 11 | | board shall be set only as allowed under subsection (e). Except | 12 | | as to the recording of standard documents, the fees imposed by | 13 | | Section 3-5018 shall remain in effect. Under a predictable fee | 14 | | schedule, no charge shall be based on: page count; number, | 15 | | length, or type of legal descriptions; number of tax | 16 | | identification or other parcel identifying code numbers; | 17 | | number of common addresses; number of references contained as | 18 | | to other recorded documents or document numbers; or any other | 19 | | individual attribute of the document except as expressly | 20 | | provided in this Section. The fee charged under this Section | 21 | | shall be inclusive of all county and State fees that the county | 22 | | may elect or is required to impose or adjust, including, but | 23 | | not limited to, GIS fees, automation fees, document storage | 24 | | fees, and the Rental Housing Support Program State surcharge. | 25 | | A predictable fee schedule ordinance or resolution adopted | 26 | | under this Section shall list standard document fees, including |
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| 1 | | document class flat fees as required by subsection (c), and | 2 | | non-standard document fees. | 3 | | Before approval of an ordinance or resolution under this | 4 | | Section, the recorder or county clerk shall post a notice in | 5 | | their office at least 2 weeks prior, but not more than 4 weeks | 6 | | prior, to the public meeting at which the ordinance or | 7 | | resolution may be adopted. The notice shall contain the | 8 | | proposed ordinance or resolution number, if any, the proposed | 9 | | document class flat fees for each classification, and a | 10 | | reference to this Section or this amendatory Act of the 100th | 11 | | General Assembly. | 12 | | A predictable fee schedule takes effect 60 days after an | 13 | | ordinance or resolution is adopted. | 14 | | (c) Pursuant to an ordinance or resolution adopted under | 15 | | subsection (b), the recorder elected as provided for in this | 16 | | Division shall receive such fees as are or may be provided for | 17 | | him or her by law, in case of provision thereof: otherwise he | 18 | | or she shall receive the same fees as are or may be provided in | 19 | | this Section except when increased by county ordinance or | 20 | | resolution pursuant to the provisions of this Section, to be | 21 | | paid to the county clerk for his or her services in the office | 22 | | of recorder for like services. For the purposes of the fee | 23 | | charged, the ordinance or resolution shall divide standard | 24 | | documents into the following classifications and shall | 25 | | establish a single, all inclusive, county and State-imposed | 26 | | aggregate fee charged for each such classification of document |
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| 1 | | at the time of recording for that document, which is called the | 2 | | document class flat fee. A standard document is not subject to | 3 | | more than one classification at the time of recording for the | 4 | | purposes of imposing any fee. Each standard document shall fall | 5 | | within one of the following document class flat fee | 6 | | classifications and fees for each document class shall be | 7 | | charged only as allowed by this subsection (c) and subsection | 8 | | (d): | 9 | | (1) Deeds. The aggregate fee for recording deeds shall | 10 | | not be less than $21 (being a minimum $12 county fee plus | 11 | | $9 for the Rental Housing Support Program State surcharge). | 12 | | Inclusion of language in the deed as to any restriction; | 13 | | covenant; lien; oil, gas, or other mineral interest; | 14 | | easement; lease; or a mortgage shall not alter the | 15 | | classification of a document as a deed. | 16 | | (2) Leases, lease amendments, and similar transfer of | 17 | | interest documents. The aggregate fee for recording | 18 | | leases, lease amendments, and similar transfers of | 19 | | interest documents shall not be less than $21 (being a | 20 | | minimum $12 county fee plus $9 for the Rental Housing | 21 | | Support Program State surcharge). | 22 | | (3) Mortgages. The aggregate fee for recording | 23 | | mortgages, including assignments, extensions, amendments, | 24 | | subordinations, and mortgage releases shall not be less | 25 | | than $21 (being a minimum $12 county fee plus $9 for the | 26 | | Rental Housing Support Program State surcharge). |
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| 1 | | (4) Easements not otherwise part of another | 2 | | classification. The aggregate fee for recording easements | 3 | | not otherwise part of another classification, including | 4 | | assignments, extensions, amendments, and easement releases | 5 | | not filed by a State agency, unit of local government, or | 6 | | school district shall not be less than $21 (being a minimum | 7 | | $12 county fee plus $9 for the Rental Housing Support | 8 | | Program State surcharge). | 9 | | (5) Miscellaneous. The aggregate fee for recording | 10 | | documents not otherwise falling within classifications set | 11 | | forth in paragraphs (1) through (4) and are not nonstandard | 12 | | documents shall not be less than $21 (being a minimum $12 | 13 | | county fee plus $9 for the Rental Housing Support Program | 14 | | State surcharge).
Nothing in this subsection shall | 15 | | preclude an alternate predictable fee schedule for | 16 | | electronic recording within each of the classifications | 17 | | set forth in this subsection (c). If the Rental Housing | 18 | | Support Program State surcharge is amended and the | 19 | | surcharge is increased or lowered, the aggregate amount of | 20 | | the document flat fee attributable to the surcharge in the | 21 | | document may be changed accordingly. | 22 | | (d) If an ordinance or resolution establishing a | 23 | | predictable fee schedule is adopted pursuant to subsection (b) | 24 | | and any document class flat fee exceeds $21,
the county board | 25 | | shall: | 26 | | (1) obtain from the clerk or recorder an analysis of |
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| 1 | | the average fees collected for the recording of each of the | 2 | | classifications under subsection (c) based on the 3 | 3 | | previous years of recording data, and, if a cost study has | 4 | | not been performed, set respective document class flat fees | 5 | | for each of the 5 document classifications at the average | 6 | | for that class rounded upward to the next whole dollar | 7 | | amount; or | 8 | | (2) if a cost study has been completed within the last | 9 | | 3 years that shows $21 is not sufficient to cover the costs | 10 | | of providing the services related to each document class, | 11 | | obtain from the clerk or recorder an analysis of the | 12 | | average fees collected for the recording of each of the | 13 | | document classifications under subsection (c) from the | 14 | | date of the cost study and set respective document class | 15 | | flat fees for each of the 5 document classifications at the | 16 | | average for that document class rounded upward to the next | 17 | | whole dollar amount. | 18 | | (e) 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 collect | 21 | | the increased fees only if the increase is justified by a cost | 22 | | study that shows that the fees allowed by subsections (c) and | 23 | | (d) are not sufficient to cover the cost of providing the | 24 | | service related to the document class for which the fee is to | 25 | | be increased. A statement of the costs of providing each | 26 | | service, program, and activity shall be prepared by the county |
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| 1 | | board. All supporting documents shall be public record and | 2 | | subject to public examination and audit. All direct and | 3 | | indirect costs, as defined in the United States Office of | 4 | | Management and Budget Circular A-87, may be included in the | 5 | | determination of the costs of each service, program, and | 6 | | activity. | 7 | | Nothing in this Section precludes a county board from | 8 | | adjusting amounts or allocations within a given document class | 9 | | flat fee as long as the document class flat fee is not | 10 | | increased.
| 11 | | (f) The fee for recording a document relating to timeshare | 12 | | property making specific reference to more than 20 units shall | 13 | | be $66.50 for the first 4 pages, $1 for each additional page, | 14 | | and, in addition to the page fees, $19.00 for each | 15 | | specifically-referenced unit in excess of 20. | 16 | | A home rule county may not set fees for a document relating | 17 | | to timeshare property making specific reference to more than 20 | 18 | | units in a manner inconsistent with this subsection. This | 19 | | subsection is a limitation under subsection (i) of Section 6 of | 20 | | Article VII of the Illinois Constitution on the concurrent | 21 | | exercise by home rule units of powers and functions exercised | 22 | | by the State. | 23 | | (Source: P.A. 100-271, eff. 8-22-17.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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