Bill Text: IL SB0694 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Recorder Division of the Counties Code. Provides that, in counties of 500,000 or more inhabitants, the recorder may microphotograph or otherwise reproduce on film or store electronically instruments (rather than may microphotograph or otherwise reproduce on film instruments) in the manner provided by law. In provisions concerning predictable fee schedules for recordings in first and second class counties, provides that fees of the recorder for recording deeds or other instruments in writing and maps of plats of additions, subdivisions, or otherwise and for certifying copies of records shall not be based on units, but allows a county to adopt an ordinance and publish in its fee schedule an additional fee or formula for a document that makes specific reference to more than 5 tax parcels, units, property identification numbers, or document numbers. Allows the county board to increase, by ordinance or resolution, the fees allowed in the predictable fee schedule if the increase is justified by an acceptable cost study or internal analysis with a minimum of 3 years showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. Requires a statement of the cost of providing each service, program, and activity to be prepared by the county board and that all supporting documents to the statement are public record and subject to public examination and audit. Provides that all direct and indirect costs may be included in the determination of the costs of each service, program, and activity. Changes references to "irregular documents" to "nonstandard documents". Allows a county board to charge an additional minimum $3 automation fee for every filing to defray the cost of converting the recorder's document storage system to computers or micrographics and in order to defray the cost of providing access to records through the Internet and $3 GIS fee for a county's geographic information system, specifying how the moneys may be used. Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2024-05-23 - Passed Both Houses [SB0694 Detail]

Download: Illinois-2023-SB0694-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-5010 and 3-5018.2 as follows:
(55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)
Sec. 3-5010. Duties of recorder. Every recorder shall, as
soon as practicable after the receipt of any instrument in
writing in the office, entitled to be recorded, record the
same at length in the order of time of its reception, in well
bound books or computer databases to be provided for that
purpose. In counties of 500,000 or more inhabitants, the
recorder may microphotograph or otherwise reproduce on film or
store electronically any of such instruments in the manner
provided by law. In counties of less than 500,000 inhabitants,
the recorder may cause to be microphotographed or otherwise
reproduced on film any of such instruments or electronic
method of storage. When any such instrument is reproduced on
film or electronic method of storage, the film or electronic
method of storage shall comply with the minimum standards of
quality approved for records of the State Records Commission
and the device used to reproduce the records on the film or
electronic method of storage shall be one which accurately

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reproduces the contents of the original.
(Source: P.A. 103-400, eff. 1-1-24.)
(55 ILCS 5/3-5018.2)
Sec. 3-5018.2. Predictable fee schedule for recordings in
first and second class counties.
(a) The fees of the recorder in counties of the first and
second class for recording deeds or other instruments in
writing and maps of plats of additions, subdivisions, or
otherwise and for certifying copies of records shall be paid
in advance and shall conform to this Section. The fees or
surcharges shall not, unless otherwise provided in this
Section, be based on the individual attributes of a document
to be recorded, including, but not limited to, page count;
number, length, or type of legal descriptions; number of tax
identification or other parcel-identifying code numbers;
units; number of common addresses; number of references
contained as to other recorded documents or document numbers;
or any other individual attribute of the document. The fees
charged under this Section shall be inclusive of all county
and State fees that the county may elect or is required to
impose or adjust, including, but not limited to, GIS fees,
automation fees, document storage fees, and the Rental Housing
Support Program State and county surcharges.
(b) A county of the first or second class shall adopt and
implement, by ordinance or resolution, a predictable fee

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schedule as provided in subsection (c) that eliminates
surcharges or fees based on the individual attributes of a
document to be recorded. If a county has previously adopted an
ordinance or resolution adopting a predictable fee schedule,
the county must adopt an ordinance or resolution revising that
predictable fee schedule to be consistent with this Section.
After a document class predictable fee is approved by a county
board consistent with this Section, the county board may, by
ordinance or resolution, increase the document class
predictable fee and collect the increased fees if the
established fees are not sufficient to cover the costs of
providing the services related to the document class for which
the fee is to be increased.
For the purposes of the fee charged, the ordinance or
resolution shall divide documents into the classifications
specified in subsection (c), and shall establish a single,
all-inclusive county and State-imposed aggregate predictable
fee charged for each classification of document at the time of
recording for that document. Each document, unless otherwise
provided in this Section, shall fall within one of the
document class predictable fee classifications set by
subsection (c), and fees for each document class shall be
charged only as allowed by this Section.
Before approval of an ordinance or resolution under this
subsection that creates or modifies a predictable fee
schedule, the recorder or county clerk shall post a notice in

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the recorder's or clerk's office at least 2 weeks prior, but
not more than 4 weeks prior, to the public meeting at which the
ordinance or resolution may be adopted. The notice shall
contain the proposed ordinance or resolution number, if any,
the proposed document class predictable fees for each
classification, and a reference to this Section and this
amendatory Act of the 103rd General Assembly. A predictable
fee schedule takes effect 60 days after an ordinance or
resolution is adopted, unless the fee schedule was previously
created and the ordinance or resolution is a modification
allowed under this Section.
Nothing in this Section precludes a county board from
adjusting amounts or allocations within a given document class
predictable fee when the document class predictable fee is not
increased or precludes an alternate predictable fee schedule
for electronic recording within each of the classifications
under subsection (c).
The county board may, by ordinance or resolution, increase
the fees allowed in the predictable fee schedule if the
increase is justified by an acceptable cost study or internal
analysis of a minimum of 3 years showing that the fees allowed
by this Section are not sufficient to cover the cost of
providing the service.
A statement of the cost of providing each service,
program, and activity shall be prepared by the county board.
All supporting documents to the statement are public records

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and subject to public examination and audit. All direct and
indirect costs, as defined in the United States Office of
Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program, and
activity.
If the Rental Housing Support Program State surcharge is
amended and the surcharge is increased or lowered, the
aggregate amount of the document predictable fee attributable
to the surcharge in the document may be changed accordingly.
If any fee or surcharge is changed by State statute, the county
may increase the document class fees by the same amount
without any cost study.
(c) A predictable fee schedule ordinance or resolution
adopted under this Section shall list document fees, including
document class predictable fees. The document classes shall be
as follows:
(1) Deeds. The aggregate fee for recording deeds shall
not be less than $31 (being a minimum $13 county fee plus
$18 for the Rental Housing Support Program State
surcharge). Inclusion of language in the deed as to any
restriction; covenant; lien; oil, gas, or other mineral
interest; easement; lease; or a mortgage shall not alter
the classification of a document as a deed.
(2) Leases, lease amendments, and similar transfer of
interest documents. The aggregate fee for recording
leases, lease amendments, and similar transfers of

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interest documents shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(3) Mortgages. The aggregate fee for recording
mortgages, including assignments, extensions, amendments,
subordinations, and mortgage releases shall not be less
than $31 (being a minimum $13 county fee plus $18 for the
Rental Housing Support Program State surcharge).
(4) Easements not otherwise part of another
classification. The aggregate fee for recording easements
not otherwise part of another classification, including
assignments, extensions, amendments, and easement releases
not filed by a State agency, unit of local government, or
school district, shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(5) Nonstandard Irregular documents. Any document
presented that does not conform to the following
standards, even if it may qualify for another document
class, may be recorded under this document class (5) if
the nonstandard document irregularity allows a legible
reproduction of the document presented:
(A) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches,
not permanently bound, and not a continuous form.
Graphic displays accompanying a document to be

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recorded that measure up to 11 inches by 17 inches
shall be recorded without charging an additional fee.
(B) The document shall be legibly printed in black
ink by hand, type, or computer. Signatures and dates
may be in contrasting colors if they will reproduce
clearly.
(C) The document shall be on white paper of not
less than 20-pound weight and shall have a clean
margin of at least one-half inch on the top, the
bottom, and each side. Margins may be used only for
non-essential notations that will not affect the
validity of the document, including, but not limited
to, form numbers, page numbers, and customer
notations.
(D) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(E) The document shall not have any attachment
stapled or otherwise affixed to any page.
(F) The document makes specific reference to 5 or
fewer tax parcels, units, property identification
numbers, or document numbers.
The aggregate fee for recording a nonstandard an
irregular document shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge). A county may adopt by

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ordinance and publish with its fee schedule an additional
fee or formula for a document that makes specific
reference to more than 5 tax parcels, units, property
identification numbers, or document numbers.
(6) (Blank). Blanket recordings. For any document that
makes specific reference to more than 5 tax parcels or
property identification numbers, or makes reference to 5
or more document numbers, the aggregate fee shall be not
less than $31 (being a minimum $13 county fee plus $18 for
the Rental Housing Support Program State surcharge). A
county may adopt by ordinance and publish with its fee
schedule an additional fee or formula for each parcel,
property identification number, or document reference,
above 5, contained in an accepted document.
(7) Miscellaneous. The aggregate fee for recording
documents that do not otherwise fall falling within
classifications under paragraphs (1) through (6) or
paragraph (8) or (9) and that are not otherwise exempted
documents shall not be less than $31 (being a minimum $13
county fee plus $18 for the Rental Housing Support Program
State surcharge).
(8) Maps or plats of additions, subdivisions, or
otherwise. (d) For recording maps or plats of additions,
subdivisions, or otherwise, the minimum fee shall be $50
(including the spreading of the same of record in well
bound books), $100 plus $2 for each tract, parcel, or lot

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contained in the map or plat.
(9) Other. (e) Documents presented that meet the
following criteria shall be charged as follows,
notwithstanding document classes (1) through (8) otherwise
provided by law or ordinance:
(A) A (1) a document recorded pursuant to the
Uniform Commercial Code shall be charged as provided
in the Uniform Commercial Code or as otherwise by law.
; or
(B) A (2) a State tax lien or a federal tax lien
shall be charged as otherwise provided by law or
ordinance, except that .Notwithstanding any other
provision in this Section: (i) the minimum maximum fee
that shall may be collected from the Department of
Revenue for filing or indexing a tax lien, certificate
of lien release or subordination, or any other type of
notice or other documentation affecting or concerning
a tax lien is $11, and $5; and (ii) the minimum maximum
fee that shall may be collected from the Department of
Revenue or Internal Revenue Service for indexing each
additional name in excess of one for any lien,
certificate of lien release or subordination, or any
other type of notice or other documentation affecting
or concerning a lien is $1.
(C) A document recorded by a unit of local
government, State agency, or public utility, as that

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term is defined in Section 3-105 of the Public
Utilities Act, may be charged a minimum fee for any
instrument presented for recording that falls under
the guideline of the predictable fee schedule as
follows: a $12 county fee, a $3 GIS fee, and a $3
automation fee, document storage fee, or both. Fees
under this subparagraph may be increased or any other
applicable fee may be imposed if adopted by a county
board resolution or ordinance and justified by an
acceptable cost study showing that the fees allowed by
this subparagraph are not sufficient to cover the cost
of providing the service.
(D) (f) For recording any document that affects an
interest in real property, other than documents which
solely affect or relate to an easement for water,
sewer, electricity, gas, telephone, or other public
service, the recorder shall charge a minimum fee of $1
per document to all filers of documents not filed by
any State agency, any unit of local government, any
public utility, as that term is defined in Section
3-105 of the Public Utilities Act, or any school
district. Half of the fee shall be deposited into the
county general revenue fund. The remaining half shall
be deposited into the County Recorder Document Storage
System Fund and may not be appropriated or expended
for any other purpose. The additional amounts

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available to the recorder for expenditure from the
County Recorder Document Storage System Fund shall not
offset or reduce any other county appropriations or
funding for the office of the recorder.
(d) (g) For certified and non-certified copies of records,
the recorder and county may set a predictable fee for all
copies that does not exceed the highest total recording fee in
any established document classes, unless the copy fee is
otherwise provided in statute or ordinance. The total fee for
a certified copy of a map or plat of an addition, subdivision,
or otherwise may not exceed $200.
The fees allowed under this subsection apply to all
records, regardless of when they were recorded, based on
current recording fees. These predictable fees for certified
and non-certified copies shall apply to portions of documents
and to copies provided in any format, including paper,
microfilm, or electronic. A county may adopt a per-line
pricing structure for copies of information in database
format.
(e) (h) As provided under subsection (c), the recorder
shall collect an $18 Rental Housing Support Program State
surcharge for the recordation of any real estate-related
document. Payment of the Rental Housing Support Program State
surcharge shall be evidenced by a receipt that shall be marked
upon or otherwise affixed to the real estate-related document
by the recorder. The form of this receipt shall be prescribed

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by the Department of Revenue and the receipts shall be issued
by the Department of Revenue to each county recorder.
The recorder shall not collect the Rental Housing Support
Program State surcharge from any State agency, unit of local
government, or school district.
On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by
the Department, the number of real estate-related documents
recorded for which the Rental Housing Support Program State
surcharge was collected. Each recorder shall submit $18 of
each surcharge collected in the preceding month to the
Department of Revenue and the Department shall deposit these
amounts in the Rental Housing Support Program Fund. Subject to
appropriation, amounts in the Fund may be expended only for
the purpose of funding and administering the Rental Housing
Support Program.
As used in this subsection, "real estate-related document"
means that term as it is defined in Section 7 of the Rental
Housing Support Program Act.
(f) A county board in counties of the first and second
class may allow, by ordinance, a recorder to charge the
following fees in addition to those fees otherwise allowed
under this Section:
(1) Automation fee. A minimum automation fee of $3 may
be charged for filing every instrument, paper, or notice
for record in order to defray the cost of converting the

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recorder's document storage system to computers or
micrographics and in order to defray the cost of providing
access to records through the Internet. A special fund
shall be established by the treasurer of a county, and the
moneys collected through the automation fee shall be
deposited into the special fund and used for a document
storage system to provide the equipment, materials, and
necessary expenses incurred to help defray the costs of
implementing and maintaining the document record system
and for a system to provide electronic access to those
records.
(2) GIS fee. In a county that provides and maintains a
countywide map through a geographic information system, a
minimum GIS fee of $3 may be charged for filing every
instrument, paper, or notice for record in order to defray
the cost of implementing or maintaining the county's
geographic information system and in order to defray the
cost of providing electronic or automated access to the
county's geographic information system or property
records. Of that amount, a minimum of $2 must be deposited
into a special fund established by the treasurer of the
county, and any moneys collected through the GIS fee shall
be deposited into that special fund and used for the
equipment, materials, and necessary expenses incurred in
implementing and maintaining the geographic information
system and to defray the cost of providing electronic

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