Bill Amendment: IL SB0694 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2024-05-23 - Passed Both Houses [SB0694 Detail]
Download: Illinois-2023-SB0694-Senate_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2024-05-23 - Passed Both Houses [SB0694 Detail]
Download: Illinois-2023-SB0694-Senate_Amendment_001.html
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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:
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4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Sections 3-5010 and 3-5018.2 as follows:
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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 .)
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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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