Bill Text: IL SB0426 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-01-14 - Total Veto Stands [SB0426 Detail]
Download: Illinois-2017-SB0426-Engrossed.html
Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-01-14 - Total Veto Stands [SB0426 Detail]
Download: Illinois-2017-SB0426-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | ||||||
5 | Sections 3-5018 and 4-12002 and by adding Section 4-12002.1 as | ||||||
6 | follows:
| ||||||
7 | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | ||||||
8 | Sec. 3-5018. Traditional fee schedule. Except as
provided | ||||||
9 | for in Sections Section 3-5018.1, 4-12002, and 4-12002.1, the | ||||||
10 | recorder elected as provided for in this
Division shall receive | ||||||
11 | such fees as are or may be provided for him or her by law,
in | ||||||
12 | case of provision therefor: otherwise he or she shall receive | ||||||
13 | the same fees as
are or may be provided in this Section, except | ||||||
14 | when increased by county
ordinance or resolution pursuant to | ||||||
15 | the provisions of this Section, to be paid to the
county clerk | ||||||
16 | for his or her services in the office of recorder for like | ||||||
17 | services. | ||||||
18 | For recording deeds or other instruments, $12 for the first | ||||||
19 | 4 pages
thereof, plus $1 for each additional page thereof, plus | ||||||
20 | $1 for each
additional document number therein noted. The | ||||||
21 | aggregate minimum fee
for recording any one instrument shall | ||||||
22 | not be less than $12. | ||||||
23 | For recording deeds or other instruments wherein the |
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1 | premises
affected thereby are referred to by document number | ||||||
2 | and not by legal
description, a fee of $1 in addition to that | ||||||
3 | hereinabove referred to for
each document number therein 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 real | ||||||
12 | property other than documents which solely affect or relate to | ||||||
13 | an easement for water, sewer, electricity, gas, telephone or | ||||||
14 | other public service, the recorder shall charge a fee of $1 per | ||||||
15 | document to all filers of documents not filed by any State | ||||||
16 | agency, any unit of local government, or any school district. | ||||||
17 | Fifty cents of the $1 fee hereby established shall be deposited | ||||||
18 | into the County General Revenue Fund. The remaining $0.50 shall | ||||||
19 | be deposited into the Recorder's Automation Fund and may not be | ||||||
20 | appropriated or expended for any other purpose. The additional | ||||||
21 | amounts available to the recorder for expenditure from the | ||||||
22 | Recorder's Automation Fund shall not offset or reduce any other | ||||||
23 | county appropriations or funding for the office of the | ||||||
24 | recorder. | ||||||
25 | For recording maps or plats of additions or subdivisions | ||||||
26 | approved by the
county or municipality (including the spreading |
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1 | of the same of record in
map case or other proper books) or | ||||||
2 | plats of condominiums, $50 for the first
page, plus $1 for each | ||||||
3 | additional page thereof except that in the case of
recording a | ||||||
4 | single page, legal size 8 1/2 x 14, plat of survey in which
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5 | there are no more than two lots or parcels of land, the fee | ||||||
6 | shall be $12.
In each county where such maps or plats are to be | ||||||
7 | recorded, the recorder
may require the same to be accompanied | ||||||
8 | by such number of exact, true and
legible copies thereof as the | ||||||
9 | recorder deems necessary for the efficient
conduct and | ||||||
10 | 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 any | ||||||
16 | person or entity who obtains non-certified copies of records in | ||||||
17 | the following manner: (i) in bulk for all documents recorded on | ||||||
18 | any given day in an electronic or paper format for a negotiated | ||||||
19 | amount less than the amount provided for in this paragraph for | ||||||
20 | non-certified copies, (ii) under a contractual relationship | ||||||
21 | with the recorder for a negotiated amount less than the amount | ||||||
22 | provided for in this paragraph for non-certified copies, | ||||||
23 | or (iii) by means of Internet access pursuant to Section | ||||||
24 | 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 following | ||||||
14 | 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 ink, | ||||||
22 | by hand, type,
or computer. Signatures and dates may be in | ||||||
23 | 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 Geographic
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8 | Information System
and (2) in order to defray the cost of | ||||||
9 | providing electronic or automated access to the
county's
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10 | Geographic
Information System or property records.
Of that | ||||||
11 | amount, $2 must be deposited into a special fund
set up by the | ||||||
12 | treasurer of the county, and any moneys collected pursuant to
| ||||||
13 | this amendatory Act of the 91st General Assembly and deposited | ||||||
14 | into that fund
must be used solely for the equipment, | ||||||
15 | materials, and necessary expenses
incurred in implementing and | ||||||
16 | maintaining a Geographic Information System and
in order to | ||||||
17 | defray the cost of providing electronic access to the county's
| ||||||
18 | Geographic Information System records.
The remaining $1 must be | ||||||
19 | deposited into the recorder's special funds created
under | ||||||
20 | Section 3-5005.4. The recorder may, in his or her discretion, | ||||||
21 | use moneys
in the funds created under Section 3-5005.4 to | ||||||
22 | defray the cost of implementing
or maintaining the county's | ||||||
23 | Geographic Information System
and to defray the cost of | ||||||
24 | providing electronic access to the county's
Geographic
| ||||||
25 | Information System records. | ||||||
26 | The recorder shall collect a $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
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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 $9 of each | ||||||
17 | surcharge collected in the
preceding month to the Department of | ||||||
18 | Revenue and the Department
shall deposit these amounts in the | ||||||
19 | Rental Housing Support Program Fund. Subject to appropriation, | ||||||
20 | amounts in the Fund may be expended only for the purpose of | ||||||
21 | funding and administering the Rental Housing Support Program. | ||||||
22 | For purposes of this Section, "real estate-related | ||||||
23 | document" means that term as it is defined in Section 7 of the | ||||||
24 | Rental Housing Support Program Act.
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25 | The foregoing fees allowed by this Section are the maximum | ||||||
26 | fees that
may be collected from any officer, agency, department |
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1 | or other
instrumentality of the State. The county board may, | ||||||
2 | however, by ordinance or resolution,
increase the fees allowed | ||||||
3 | by this Section and collect such increased fees
from all | ||||||
4 | persons and entities other than officers, agencies, | ||||||
5 | departments
and other instrumentalities of the State if the | ||||||
6 | increase is justified by an
acceptable cost study showing that | ||||||
7 | the fees allowed by this Section are not
sufficient to cover | ||||||
8 | the cost of providing the service.
Regardless of any other | ||||||
9 | provision in this Section, the maximum fee that may
be | ||||||
10 | collected from the Department of Revenue for filing or indexing | ||||||
11 | a
lien, certificate of lien release or subordination, or any | ||||||
12 | other type of notice
or other documentation affecting or | ||||||
13 | concerning a lien is $5. Regardless of
any other provision in | ||||||
14 | this Section, the maximum fee that may be collected from
the | ||||||
15 | Department of Revenue for indexing each additional name in | ||||||
16 | excess
of one for any lien, certificate of lien release or | ||||||
17 | subordination, or any other
type of notice or other | ||||||
18 | documentation affecting or concerning a lien is $1. | ||||||
19 | A statement of the costs of providing each service, program | ||||||
20 | and activity
shall be prepared by the county board. All | ||||||
21 | supporting documents shall be
public record and subject to | ||||||
22 | public examination and audit. All direct and
indirect costs, as | ||||||
23 | defined in the United States Office of Management and
Budget | ||||||
24 | Circular A-87, may be included in the determination of the | ||||||
25 | costs of
each service, program and activity. | ||||||
26 | (Source: P.A. 100-271, eff. 8-22-17.)
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1 | (55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
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2 | Sec. 4-12002. Fees of recorder in third class counties. | ||||||
3 | Except as provided for in Section 4-12002.1, the The fees of
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4 | the recorder in counties of the third class for recording deeds | ||||||
5 | or other
instruments in writing and maps of plats of additions, | ||||||
6 | subdivisions or
otherwise, and for certifying copies of | ||||||
7 | records, shall be paid in advance
and shall be as follows:
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8 | For recording deeds or other instruments $20 for the first | ||||||
9 | 2 pages
thereof, plus $2 for each additional page thereof. The | ||||||
10 | aggregate minimum fee
for recording
any one instrument shall | ||||||
11 | not be less than $20.
| ||||||
12 | For recording deeds or other instruments wherein the | ||||||
13 | premises
affected thereby are referred to by document number | ||||||
14 | and not by legal
description the recorder shall charge a fee of | ||||||
15 | $4 in addition
to that hereinabove referred to for each | ||||||
16 | document number therein noted.
| ||||||
17 | For recording deeds or other instruments wherein more than | ||||||
18 | one tract,
parcel or lot is described and such additional | ||||||
19 | tract, or tracts, parcel
or parcels, lot or lots is or are | ||||||
20 | described therein as falling in a
separate or different | ||||||
21 | addition or subdivision the recorder
shall charge as an | ||||||
22 | additional fee, to that herein provided, the sum of
$2 for each | ||||||
23 | additional addition or subdivision referred to in such deed
or | ||||||
24 | instrument.
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25 | For recording any document that affects an interest in real |
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| |||||||
1 | property other than documents which solely affect or relate to | ||||||
2 | an easement for water, sewer, electricity, gas, telephone or | ||||||
3 | other public service, the recorder shall charge a fee of $1 per | ||||||
4 | document to all filers of documents not filed by any State | ||||||
5 | agency, any unit of local government, or any school district. | ||||||
6 | Fifty cents of the $1 fee hereby established shall be deposited | ||||||
7 | into the County General Revenue Fund. The remaining $0.50 shall | ||||||
8 | be deposited into the County Recorder Document Storage System | ||||||
9 | Fund and may not be appropriated or expended for any other | ||||||
10 | purpose. The additional amounts available to the recorder for | ||||||
11 | expenditure from the County Recorder Document Storage System | ||||||
12 | Fund shall not offset or reduce any other county appropriations | ||||||
13 | or funding for the office of the recorder. | ||||||
14 | For recording maps or plats of additions, subdivisions or | ||||||
15 | otherwise
(including the spreading of the same of record in | ||||||
16 | well bound books) $100
plus $2 for each tract, parcel or lot | ||||||
17 | contained therein.
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18 | For certified copies of records the same fees as for | ||||||
19 | recording, but
in no case shall the fee for a certified copy of | ||||||
20 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
21 | $200.
| ||||||
22 | For non-certified copies of records, an amount not to | ||||||
23 | exceed one half of
the amount provided herein for certified | ||||||
24 | copies, according to a standard scale
of fees, established by | ||||||
25 | county ordinance and made public.
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26 | For filing of each release of any chattel mortgage or trust |
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| |||||||
1 | deed
which has been filed but not recorded and for indexing the | ||||||
2 | same in the
book to be kept for that purpose $10.
| ||||||
3 | For processing the sworn or affirmed statement required for | ||||||
4 | filing a deed
or assignment of a beneficial interest in a land | ||||||
5 | trust in accordance with
Section 3-5020 of this Code, $2.
| ||||||
6 | The recorder shall charge an additional fee, in an amount | ||||||
7 | equal to the
fee otherwise provided by law, for recording a | ||||||
8 | document (other than a
document filed under the Plat Act or the | ||||||
9 | Uniform Commercial Code) that does
not conform to
the following | ||||||
10 | standards:
| ||||||
11 | (1) The document shall consist of one or more | ||||||
12 | individual sheets
measuring 8.5 inches by 11 inches, not | ||||||
13 | permanently bound and not a
continuous form. Graphic | ||||||
14 | displays accompanying a document to be recorded
that | ||||||
15 | measure up to 11 inches by 17 inches shall be recorded | ||||||
16 | without charging
an additional fee.
| ||||||
17 | (2) The document shall be legibly printed in black ink,
| ||||||
18 | by hand, type, or
computer. Signatures and dates may
be
in | ||||||
19 | contrasting colors if they will reproduce clearly.
| ||||||
20 | (3) The document shall be on white paper of not less | ||||||
21 | than 20-pound
weight and shall have a clean margin of at | ||||||
22 | least one-half inch on the top, the
bottom, and each side. | ||||||
23 | Margins may be used only for non-essential notations
that | ||||||
24 | will not affect the validity of the document, including but | ||||||
25 | not limited to
form numbers, page numbers, and customer | ||||||
26 | notations.
|
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1 | (4) The first page of the document shall contain a | ||||||
2 | blank space, measuring
at least 3 inches by 5 inches, from | ||||||
3 | the upper right corner.
| ||||||
4 | (5) The document shall not have any attachment stapled | ||||||
5 | or otherwise
affixed to any page.
| ||||||
6 | A document that does not conform to these standards shall
not | ||||||
7 | be recorded except upon payment of the additional fee required | ||||||
8 | under
this paragraph. This paragraph, as amended by this | ||||||
9 | amendatory Act of 1995,
applies only to documents dated after | ||||||
10 | the effective date of this amendatory
Act of 1995.
| ||||||
11 | The recorder shall collect a $9 Rental Housing Support | ||||||
12 | Program State surcharge for the recordation of any real | ||||||
13 | estate-related document. Payment of the Rental Housing Support | ||||||
14 | Program State surcharge shall be evidenced by a receipt that | ||||||
15 | shall be marked upon or otherwise affixed to the real | ||||||
16 | estate-related document by the recorder. The form of this | ||||||
17 | receipt shall be prescribed by the Department of Revenue and | ||||||
18 | the receipts shall be issued by the Department of Revenue to | ||||||
19 | each county recorder.
| ||||||
20 | The recorder shall not collect the Rental Housing Support | ||||||
21 | Program State surcharge from any State agency, any unit of | ||||||
22 | local government or any school district.
| ||||||
23 | On the 15th day of each month, each county recorder shall | ||||||
24 | report
to the Department of Revenue, on a form prescribed by | ||||||
25 | the Department,
the number of real estate-related documents | ||||||
26 | recorded for which
the Rental Housing Support Program
State |
| |||||||
| |||||||
1 | surcharge was collected. Each recorder shall submit $9 of each | ||||||
2 | surcharge collected in the
preceding month to the Department of | ||||||
3 | Revenue and the Department
shall deposit these amounts in the | ||||||
4 | Rental Housing Support Program Fund. Subject to appropriation, | ||||||
5 | amounts in the Fund may be expended only for the purpose of | ||||||
6 | funding and administering the Rental Housing Support Program. | ||||||
7 | For purposes of this Section, "real estate-related | ||||||
8 | document" means that term as it is defined in Section 7 of the | ||||||
9 | Rental Housing Support Program Act.
| ||||||
10 | The fee requirements of this Section apply to units of | ||||||
11 | local
government and school districts.
| ||||||
12 | Regardless of any other provision in this Section, the | ||||||
13 | maximum fee that may
be collected from the Department of | ||||||
14 | Revenue for filing or indexing a
lien, certificate of lien | ||||||
15 | release or subordination, or any other type of notice
or other | ||||||
16 | documentation affecting or concerning a lien is $5. Regardless | ||||||
17 | of any
other provision in this Section, the maximum fee that | ||||||
18 | may be collected from the
Department of Revenue for indexing | ||||||
19 | each additional name in excess of
one for any lien, certificate | ||||||
20 | of lien release or subordination, or any other
type of notice | ||||||
21 | or other documentation affecting or concerning a lien is $1.
| ||||||
22 | (Source: P.A. 98-5, eff. 3-22-13.)
| ||||||
23 | (55 ILCS 5/4-12002.1 new) | ||||||
24 | Sec. 4-12002.1. Predictable fee schedule for recordings in | ||||||
25 | third class counties. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Nonstandard document" means: | ||||||
3 | (1) a document that creates a division of a then
active | ||||||
4 | existing tax parcel identification number; | ||||||
5 | (2) a document recorded pursuant to the Uniform
| ||||||
6 | Commercial Code; | ||||||
7 | (3) a document which is non-conforming, as described
in | ||||||
8 | paragraphs (1) through (5) of Section 4-12002; | ||||||
9 | (4) a State lien or a federal lien; | ||||||
10 | (5) a document making specific reference to more than
5 | ||||||
11 | tax parcel identification numbers in the county in which it | ||||||
12 | is presented for recording; or | ||||||
13 | (6) a document making specific reference to more than
5 | ||||||
14 | other document numbers recorded in the county in which it | ||||||
15 | is presented for recording. | ||||||
16 | "Standard document" means any document other than a | ||||||
17 | nonstandard document. | ||||||
18 | (b) On or before January 1, 2020, a county shall adopt and | ||||||
19 | implement, by ordinance or resolution, a predictable fee | ||||||
20 | schedule that eliminates surcharges or fees based on the | ||||||
21 | individual attributes of a standard document to be recorded. | ||||||
22 | The initial predictable fee schedule approved by a county board | ||||||
23 | shall be set only as allowed under subsection (c) and any | ||||||
24 | subsequent predictable fee schedule approved by a county board | ||||||
25 | shall be set only as allowed under subsection (d). Except as to | ||||||
26 | the recording of standard documents, the fees imposed by |
| |||||||
| |||||||
1 | Section 4-12002 shall remain in effect. Under a predictable fee | ||||||
2 | schedule, which only applies to standard documents, no charge | ||||||
3 | shall be based on: page count; number, length, or type of legal | ||||||
4 | descriptions; number of tax identification or other parcel | ||||||
5 | identifying code numbers; number of common addresses; number of | ||||||
6 | references contained as to other recorded documents or document | ||||||
7 | numbers; or any other individual attribute of the document | ||||||
8 | except as expressly provided in this Section. The fee charged | ||||||
9 | under this Section shall be inclusive of all county and State | ||||||
10 | fees that the county may elect or is required to impose or | ||||||
11 | adjust, including, but not limited to, GIS fees, automation | ||||||
12 | fees, document storage fees, and the Rental Housing Support | ||||||
13 | Program State surcharge. | ||||||
14 | A predictable fee schedule ordinance or resolution adopted | ||||||
15 | under this Section shall list standard document fees, including | ||||||
16 | document class flat fees as required by subsection (c), and | ||||||
17 | nonstandard document fees. | ||||||
18 | Before approval of an ordinance or resolution under this | ||||||
19 | Section, the recorder or county clerk shall post a notice in | ||||||
20 | his or her office at least 2 weeks prior, but not more than 4 | ||||||
21 | weeks prior, to the public meeting at which the ordinance or | ||||||
22 | resolution may be adopted. The notice shall contain the | ||||||
23 | proposed ordinance or resolution number, if any, the proposed | ||||||
24 | document class flat fees for each classification, and a | ||||||
25 | reference to this Section or this amendatory Act of the 100th | ||||||
26 | General Assembly. |
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1 | A predictable fee schedule takes effect 60 days after an | ||||||
2 | ordinance or resolution is adopted. | ||||||
3 | (c) Pursuant to an ordinance or resolution adopted under | ||||||
4 | subsection (b), the recorder elected as provided for in this | ||||||
5 | Division shall receive such fees as are or may be provided for | ||||||
6 | him or her by law, in case of provision thereof; otherwise he | ||||||
7 | or she shall receive the same fees as are or may be provided in | ||||||
8 | this Section except when increased by county ordinance or | ||||||
9 | resolution pursuant to the provisions of this Section, to be | ||||||
10 | paid to the county clerk for his or her services in the office | ||||||
11 | of recorder for like services. For the purposes of the fee | ||||||
12 | charged, the ordinance or resolution shall divide standard | ||||||
13 | documents into the following classifications and shall | ||||||
14 | establish a single, all-inclusive, county and State-imposed | ||||||
15 | aggregate fee charged for each such classification of document | ||||||
16 | at the time of recording for that document, which is called the | ||||||
17 | document class flat fee. A standard document is not subject to | ||||||
18 | more than one classification at the time of recording for the | ||||||
19 | purposes of imposing any fee. Each standard document shall fall | ||||||
20 | within one of the following document class flat fee | ||||||
21 | classifications and fees for each document class shall be | ||||||
22 | charged only as allowed by this subsection (c) and subsection | ||||||
23 | (d): | ||||||
24 | (1) Deeds. The aggregate fee for recording deeds shall | ||||||
25 | not be less than $29 (being a minimum $20 county fee plus | ||||||
26 | $9 for the Rental Housing Support Program State surcharge). |
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1 | Inclusion of language in the deed as to any restriction; | ||||||
2 | covenant; lien; oil, gas, or other mineral interest; | ||||||
3 | easement; lease; or a mortgage shall not alter the | ||||||
4 | classification of a document as a deed. | ||||||
5 | (2) Leases, lease amendments, and similar transfer of
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6 | interest documents. The aggregate fee for recording | ||||||
7 | leases, lease amendments, and similar transfers of | ||||||
8 | interest documents shall not be less than $29 (being a | ||||||
9 | minimum $20 county fee plus $9 for the Rental Housing | ||||||
10 | Support Program State surcharge). | ||||||
11 | (3) Mortgages. The aggregate fee for recording
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12 | mortgages, including assignments, extensions, amendments, | ||||||
13 | subordinations, and mortgage releases shall not be less | ||||||
14 | than $29 (being a minimum $20 county fee plus $9 for the | ||||||
15 | Rental Housing Support Program State surcharge). | ||||||
16 | (4) Easements not otherwise part of another
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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 $29 (being a minimum | ||||||
22 | $20 county fee plus $9 for the Rental Housing Support | ||||||
23 | Program State surcharge). | ||||||
24 | (5) Miscellaneous. The aggregate fee for recording
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25 | documents not otherwise falling within classifications set | ||||||
26 | forth in paragraphs (1) through (4) and are not nonstandard |
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1 | documents shall not be less than $29 (being a minimum $20 | ||||||
2 | county fee plus $9 for the Rental Housing Support Program | ||||||
3 | State surcharge). Nothing in this subsection shall | ||||||
4 | preclude an alternate predictable fee schedule for | ||||||
5 | electronic recording within each of the classifications | ||||||
6 | set forth in this subsection (c). If the Rental Housing | ||||||
7 | Support Program State surcharge is amended and the | ||||||
8 | surcharge is increased or lowered, the aggregate amount of | ||||||
9 | the document flat fee attributable to the surcharge in the | ||||||
10 | document may be changed accordingly. | ||||||
11 | (d) 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 collect | ||||||
14 | the increased fees if the established fees are not sufficient | ||||||
15 | to cover the costs of providing the services related to the | ||||||
16 | document class for which the fee is to be increased. | ||||||
17 | Nothing in this Section precludes a county board from | ||||||
18 | adjusting amounts or allocations within a given document class | ||||||
19 | flat fee when the document class flat fee is not increased.
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