Bill Text: IL HB3036 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Counties Code. Provides that on and after January 1, 2019, a county shall adopt and implement a predictable fee schedule that eliminates surcharges or fees based upon the individual attributes of documents to be recorded with the county recorder. Provides that fees for standard documents are divided into 5 classifications of document class flat fees, which are inclusive of county and State fees required for each recorded document. Provides for methods that the non-predictable fees may be increased prior to adopting document class flat fees. Provides that prior to increasing a document class flat fee, a cost study must be completed showing that the increase is needed because the document class flat fees are not sufficient to cover the cost of providing the service. Defines "standard document" and "nonstandard document". Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-26 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [HB3036 Detail]

Download: Illinois-2017-HB3036-Engrossed.html



HB3036 EngrossedLRB100 08471 AWJ 18590 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing Section
53-5018 and by adding Section 3-5018.1 as follows:
6 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
7 Sec. 3-5018. Traditional fee schedule Fees. Except as
8provided for in Section 3-5018.1, the The recorder elected as
9provided for in this Division shall receive such fees as are or
10may be provided for him or her by law, in case of provision
11therefor: otherwise he or she shall receive the same fees as
12are or may be provided in this Section, except when increased
13by county ordinance or resolution pursuant to the provisions of
14this Section, to be paid to the county clerk for his or her
15services in the office of recorder for like services.
16 For recording deeds or other instruments, $12 for the first
174 pages thereof, plus $1 for each additional page thereof, plus
18$1 for each additional document number therein noted. The
19aggregate minimum fee for recording any one instrument shall
20not be less than $12.
21 For recording deeds or other instruments wherein the
22premises affected thereby are referred to by document number
23and not by legal description, a fee of $1 in addition to that

HB3036 Engrossed- 2 -LRB100 08471 AWJ 18590 b
1hereinabove referred to for each document number therein noted.
2 For recording assignments of mortgages, leases or liens,
3$12 for the first 4 pages thereof, plus $1 for each additional
4page thereof. However, except for leases and liens pertaining
5to oil, gas and other minerals, whenever a mortgage, lease or
6lien assignment assigns more than one mortgage, lease or lien
7document, a $7 fee shall be charged for the recording of each
8such mortgage, lease or lien document after the first one.
9 For recording any document that affects an interest in real
10property other than documents which solely affect or relate to
11an easement for water, sewer, electricity, gas, telephone or
12other public service, the recorder shall charge a fee of $1 per
13document to all filers of documents not filed by any State
14agency, any unit of local government, or any school district.
15Fifty cents of the $1 fee hereby established shall be deposited
16into the County General Revenue Fund. The remaining $0.50 shall
17be deposited into the Recorder's Automation Fund and may not be
18appropriated or expended for any other purpose. The additional
19amounts available to the recorder for expenditure from the
20Recorder's Automation Fund shall not offset or reduce any other
21county appropriations or funding for the office of the
22recorder.
23 For recording maps or plats of additions or subdivisions
24approved by the county or municipality (including the spreading
25of the same of record in map case or other proper books) or
26plats of condominiums, $50 for the first page, plus $1 for each

HB3036 Engrossed- 3 -LRB100 08471 AWJ 18590 b
1additional page thereof except that in the case of recording a
2single page, legal size 8 1/2 x 14, plat of survey in which
3there are no more than two lots or parcels of land, the fee
4shall be $12. In each county where such maps or plats are to be
5recorded, the recorder may require the same to be accompanied
6by such number of exact, true and legible copies thereof as the
7recorder deems necessary for the efficient conduct and
8operation of his or her office.
9 For non-certified copies of records, an amount not to
10exceed one-half of the amount provided in this Section for
11certified copies, according to a standard scale of fees,
12established by county ordinance or resolution and made public.
13The provisions of this paragraph shall not be applicable to any
14person or entity who obtains non-certified copies of records in
15the following manner: (i) in bulk for all documents recorded on
16any given day in an electronic or paper format for a negotiated
17amount less than the amount provided for in this paragraph for
18non-certified copies, (ii) under a contractual relationship
19with the recorder for a negotiated amount less than the amount
20provided for in this paragraph for non-certified copies,
21or (iii) by means of Internet access pursuant to Section
225-1106.1.
23 For certified copies of records, the same fees as for
24recording, but in no case shall the fee for a certified copy of
25a map or plat of an addition, subdivision or otherwise exceed
26$10.

HB3036 Engrossed- 4 -LRB100 08471 AWJ 18590 b
1 Each certificate of such recorder of the recording of the
2deed or other writing and of the date of recording the same
3signed by such recorder, shall be sufficient evidence of the
4recording thereof, and such certificate including the indexing
5of record, shall be furnished upon the payment of the fee for
6recording the instrument, and no additional fee shall be
7allowed for the certificate or indexing.
8 The recorder shall charge an additional fee, in an amount
9equal to the fee otherwise provided by law, for recording a
10document (other than a document filed under the Plat Act or the
11Uniform Commercial Code) that does not conform to the following
12standards:
13 (1) The document shall consist of one or more
14 individual sheets measuring 8.5 inches by 11 inches, not
15 permanently bound and not a continuous form. Graphic
16 displays accompanying a document to be recorded that
17 measure up to 11 inches by 17 inches shall be recorded
18 without charging an additional fee.
19 (2) The document shall be legibly printed in black ink,
20 by hand, type, or computer. Signatures and dates may be in
21 contrasting colors if they will reproduce clearly.
22 (3) The document shall be on white paper of not less
23 than 20-pound weight and shall have a clean margin of at
24 least one-half inch on the top, the bottom, and each side.
25 Margins may be used for non-essential notations that will
26 not affect the validity of the document, including but not

HB3036 Engrossed- 5 -LRB100 08471 AWJ 18590 b
1 limited to form numbers, page numbers, and customer
2 notations.
3 (4) The first page of the document shall contain a
4 blank space, measuring at least 3 inches by 5 inches, from
5 the upper right corner.
6 (5) The document shall not have any attachment stapled
7 or otherwise affixed to any page.
8A document that does not conform to these standards shall not
9be recorded except upon payment of the additional fee required
10under this paragraph. This paragraph, as amended by this
11amendatory Act of 1995, applies only to documents dated after
12the effective date of this amendatory Act of 1995.
13 The county board of any county may provide for an
14additional charge of $3 for filing every instrument, paper, or
15notice for record, (1) in order to defray the cost of
16converting the county recorder's document storage system to
17computers or micrographics and (2) in order to defray the cost
18of providing access to records through the global information
19system known as the Internet.
20 A special fund shall be set up by the treasurer of the
21county and such funds collected pursuant to Public Act 83-1321
22shall be used (1) for a document storage system to provide the
23equipment, materials and necessary expenses incurred to help
24defray the costs of implementing and maintaining such a
25document records system and (2) for a system to provide
26electronic access to those records.

HB3036 Engrossed- 6 -LRB100 08471 AWJ 18590 b
1 The county board of any county that provides and maintains
2a countywide map through a Geographic Information System (GIS)
3may provide for an additional charge of $3 for filing every
4instrument, paper, or notice for record (1) in order to defray
5the cost of implementing or maintaining the county's Geographic
6Information System and (2) in order to defray the cost of
7providing electronic or automated access to the county's
8Geographic Information System or property records. Of that
9amount, $2 must be deposited into a special fund set up by the
10treasurer of the county, and any moneys collected pursuant to
11this amendatory Act of the 91st General Assembly and deposited
12into that fund must be used solely for the equipment,
13materials, and necessary expenses incurred in implementing and
14maintaining a Geographic Information System and in order to
15defray the cost of providing electronic access to the county's
16Geographic Information System records. The remaining $1 must be
17deposited into the recorder's special funds created under
18Section 3-5005.4. The recorder may, in his or her discretion,
19use moneys in the funds created under Section 3-5005.4 to
20defray the cost of implementing or maintaining the county's
21Geographic Information System and to defray the cost of
22providing electronic access to the county's Geographic
23Information System records.
24 The recorder shall collect a $9 Rental Housing Support
25Program State surcharge for the recordation of any real
26estate-related document. Payment of the Rental Housing Support

HB3036 Engrossed- 7 -LRB100 08471 AWJ 18590 b
1Program State surcharge shall be evidenced by a receipt that
2shall be marked upon or otherwise affixed to the real
3estate-related document by the recorder. The form of this
4receipt shall be prescribed by the Department of Revenue and
5the receipts shall be issued by the Department of Revenue to
6each county recorder.
7 The recorder shall not collect the Rental Housing Support
8Program State surcharge from any State agency, any unit of
9local government or any school district.
10 On the 15th day of each month, each county recorder shall
11report to the Department of Revenue, on a form prescribed by
12the Department, the number of real estate-related documents
13recorded for which the Rental Housing Support Program State
14surcharge was collected. Each recorder shall submit $9 of each
15surcharge collected in the preceding month to the Department of
16Revenue and the Department shall deposit these amounts in the
17Rental Housing Support Program Fund. Subject to appropriation,
18amounts in the Fund may be expended only for the purpose of
19funding and administering the Rental Housing Support Program.
20 For purposes of this Section, "real estate-related
21document" means that term as it is defined in Section 7 of the
22Rental Housing Support Program Act.
23 The foregoing fees allowed by this Section are the maximum
24fees that may be collected from any officer, agency, department
25or other instrumentality of the State. The county board may,
26however, by ordinance or resolution, increase the fees allowed

HB3036 Engrossed- 8 -LRB100 08471 AWJ 18590 b
1by this Section and collect such increased fees from all
2persons and entities other than officers, agencies,
3departments and other instrumentalities of the State if the
4increase is justified by an acceptable cost study showing that
5the fees allowed by this Section are not sufficient to cover
6the cost of providing the service. Regardless of any other
7provision in this Section, the maximum fee that may be
8collected from the Department of Revenue for filing or indexing
9a lien, certificate of lien release or subordination, or any
10other type of notice or other documentation affecting or
11concerning a lien is $5. Regardless of any other provision in
12this Section, the maximum fee that may be collected from the
13Department of Revenue for indexing each additional name in
14excess of one for any lien, certificate of lien release or
15subordination, or any other type of notice or other
16documentation affecting or concerning a lien is $1.
17 A statement of the costs of providing each service, program
18and activity shall be prepared by the county board. All
19supporting documents shall be public record and subject to
20public examination and audit. All direct and indirect costs, as
21defined in the United States Office of Management and Budget
22Circular A-87, may be included in the determination of the
23costs of each service, program and activity.
24(Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; 98-756,
25eff. 7-16-14.)

HB3036 Engrossed- 9 -LRB100 08471 AWJ 18590 b
1 (55 ILCS 5/3-5018.1 new)
2 Sec. 3-5018.1. Predictable fee schedule.
3 (a) As used in this Section:
4 "Nonstandard document" means:
5 (1) a document that creates a division of a then active
6 existing tax parcel identification number;
7 (2) a document recorded pursuant to the Uniform
8 Commercial Code;
9 (3) a document which is non-conforming, as described in
10 paragraphs (1) through (5) of Section 3-5018;
11 (4) a State lien or a federal lien;
12 (5) a document making specific reference to more than 5
13 tax parcel identification numbers in the county in which it
14 is presented for recording; or
15 (6) a document making specific reference to more than 5
16 other document numbers recorded in the county in which it
17 is presented for recording.
18 "Standard document" means any document other than a
19nonstandard document.
20 (b) On or before January 1, 2019, a county shall adopt and
21implement, by ordinance or resolution, a predictable fee
22schedule that eliminates surcharges or fees based on the
23individual attributes of a standard document to be recorded.
24The initial predictable fee schedule approved by a county board
25shall be set only as allowed under subsections (c) and (d) and
26any subsequent predictable fee schedule approved by a county

HB3036 Engrossed- 10 -LRB100 08471 AWJ 18590 b
1board shall be set only as allowed under subsection (e). Except
2as to the recording of standard documents, the fees imposed by
3Section 3-5018 shall remain in effect. Under a predictable fee
4schedule, no charge shall be based on: page count; number,
5length, or type of legal descriptions; number of tax
6identification or other parcel identifying code numbers;
7number of common addresses; number of references contained as
8to other recorded documents or document numbers; or any other
9individual attribute of the document except as expressly
10provided in this Section. The fee charged under this Section
11shall be inclusive of all county and State fees that the county
12may elect or is required to impose or adjust, including, but
13not limited to, GIS fees, automation fees, document storage
14fees, and the Rental Housing Support Program State surcharge.
15 A predictable fee schedule ordinance or resolution adopted
16under this Section shall list standard document fees, including
17document class flat fees as required by subsection (c), and
18non-standard document fees.
19 Before approval of an ordinance or resolution under this
20Section, the recorder or county clerk shall post a notice in
21their office at least 2 weeks prior, but not more than 4 weeks
22prior, to the public meeting at which the ordinance or
23resolution may be adopted. The notice shall contain the
24proposed ordinance or resolution number, if any, the proposed
25document class flat fees for each classification, and a
26reference to this Section or this amendatory Act of the 100th

HB3036 Engrossed- 11 -LRB100 08471 AWJ 18590 b
1General Assembly.
2 A predictable fee schedule takes effect 60 days after an
3ordinance or resolution is adopted.
4 (c) Pursuant to an ordinance or resolution adopted under
5subsection (b), the recorder elected as provided for in this
6Division shall receive such fees as are or may be provided for
7him or her by law, in case of provision thereof: otherwise he
8or she shall receive the same fees as are or may be provided in
9this Section except when increased by county ordinance or
10resolution pursuant to the provisions of this Section, to be
11paid to the county clerk for his or her services in the office
12of recorder for like services. For the purposes of the fee
13charged, the ordinance or resolution shall divide standard
14documents into the following classifications and shall
15establish a single, all inclusive, county and State-imposed
16aggregate fee charged for each such classification of document
17at the time of recording for that document, which is called the
18document class flat fee. A standard document is not subject to
19more than one classification at the time of recording for the
20purposes of imposing any fee. Each standard document shall fall
21within one of the following document class flat fee
22classifications and fees for each document class shall be
23charged only as allowed by this subsection (c) and subsection
24(d):
25 (1) Deeds. The aggregate fee for recording deeds shall
26 not be less than $21 (being a minimum $12 county fee plus

HB3036 Engrossed- 12 -LRB100 08471 AWJ 18590 b
1 $9 for the Rental Housing Support Program State surcharge).
2 Inclusion of language in the deed as to any restriction;
3 covenant; lien; oil, gas, or other mineral interest;
4 easement; lease; or a mortgage shall not alter the
5 classification of a document as a deed.
6 (2) Leases, lease amendments, and similar transfer of
7 interest documents. The aggregate fee for recording
8 leases, lease amendments, and similar transfers of
9 interest documents shall not be less than $21 (being a
10 minimum $12 county fee plus $9 for the Rental Housing
11 Support Program State surcharge).
12 (3) Mortgages. The aggregate fee for recording
13 mortgages, including assignments, extensions, amendments,
14 subordinations, and mortgage releases shall not be less
15 than $21 (being a minimum $12 county fee plus $9 for the
16 Rental Housing Support Program State surcharge).
17 (4) Easements not otherwise part of another
18 classification. The aggregate fee for recording easements
19 not otherwise part of another classification, including
20 assignments, extensions, amendments, and easement releases
21 not filed by a State agency, unit of local government, or
22 school district shall not be less than $21 (being a minimum
23 $12 county fee plus $9 for the Rental Housing Support
24 Program State surcharge).
25 (5) Miscellaneous. The aggregate fee for recording
26 documents not otherwise falling within classifications set

HB3036 Engrossed- 13 -LRB100 08471 AWJ 18590 b
1 forth in paragraphs (1) through (4) and are not nonstandard
2 documents shall not be less than $21 (being a minimum $12
3 county fee plus $9 for the Rental Housing Support Program
4 State surcharge). Nothing in this subsection shall
5 preclude an alternate predictable fee schedule for
6 electronic recording within each of the classifications
7 set forth in this subsection (c). If the Rental Housing
8 Support Program State surcharge is amended and the
9 surcharge is increased or lowered, the aggregate amount of
10 the document flat fee attributable to the surcharge in the
11 document may be changed accordingly.
12 (d) If an ordinance or resolution establishing a
13predictable fee schedule is adopted pursuant to subsection (b)
14and any document class flat fee exceeds $21, the county board
15shall:
16 (1) obtain from the clerk or recorder an analysis of
17 the average fees collected for the recording of each of the
18 classifications under subsection (c) based on the 3
19 previous years of recording data, and, if a cost study has
20 not been performed, set respective document class flat fees
21 for each of the 5 document classifications at the average
22 for that class rounded upward to the next whole dollar
23 amount; or
24 (2) if a cost study has been completed within the last
25 3 years that shows $21 is not sufficient to cover the costs
26 of providing the services related to each document class,

HB3036 Engrossed- 14 -LRB100 08471 AWJ 18590 b
1 obtain from the clerk or recorder an analysis of the
2 average fees collected for the recording of each of the
3 document classifications under subsection (c) from the
4 date of the cost study and set respective document class
5 flat fees for each of the 5 document classifications at the
6 average for that document class rounded upward to the next
7 whole dollar amount.
8 (e) After a document class flat fee is approved by a county
9board under subsection (b), the county board may, by ordinance
10or resolution, increase the document class flat fee and collect
11the increased fees only if the increase is justified by a cost
12study that shows that the fees allowed by subsections (c) and
13(d) are not sufficient to cover the cost of providing the
14service related to the document class for which the fee is to
15be increased. A statement of the costs of providing each
16service, program, and activity shall be prepared by the county
17board. All supporting documents shall be public record and
18subject to public examination and audit. All direct and
19indirect costs, as defined in the United States Office of
20Management and Budget Circular A-87, may be included in the
21determination of the costs of each service, program, and
22activity.
23 Nothing in this Section precludes a county board from
24adjusting amounts or allocations within a given document class
25flat fee as long as the document class flat fee is not
26increased.

HB3036 Engrossed- 15 -LRB100 08471 AWJ 18590 b
1 Section 99. Effective date. This Act takes effect upon
2becoming law.
feedback