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Full Text of SB3143
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SB3143 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3143
Introduced 2/2/2026, by Sen. Christopher Belt
SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-5018.2
Amends the Counties Code. In a provision concerning recording fees in
first and second class counties for specified documents, provides that the
minimum recording fee for a document recorded by a unit of local
government, State agency, or public utility may be increased only annually
(rather than at any time).
LRB104 20269 RTM 33720 b
A BILL FOR
SB3143
LRB104 20269 RTM 33720 b
1
AN ACT concerning local government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Counties Code is amended by changing
5
Section 3-5018.2 as follows:
6
(55 ILCS 5/3-5018.2)
7
Sec. 3-5018.2.
Predictable fee schedule for recordings in
8
first and second class counties.
9
(a) The fees of the recorder in counties of the first and
10
second class for recording deeds or other instruments in
11
writing and maps of plats of additions, subdivisions, or
12
otherwise and for certifying copies of records shall be paid
13
in advance and shall conform to this Section. The fees or
14
surcharges shall not, unless otherwise provided in this
15
Section, be based on the individual attributes of a document
16
to be recorded, including, but not limited to, page count;
17
number, length, or type of legal descriptions; number of tax
18
identification or other parcel-identifying code numbers;
19
units; number of common addresses; number of references
20
contained as to other recorded documents or document numbers;
21
or any other individual attribute of the document. The fees
22
charged under this Section shall be inclusive of all county
23
and State fees that the county may elect or is required to
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LRB104 20269 RTM 33720 b
1
impose or adjust, including, but not limited to, GIS fees,
2
automation fees, document storage fees, and the Rental Housing
3
Support Program State and county surcharges.
4
(b) A county of the first or second class shall adopt and
5
implement, by ordinance or resolution, a predictable fee
6
schedule as provided in subsection (c) that eliminates
7
surcharges or fees based on the individual attributes of a
8
document to be recorded. If a county has previously adopted an
9
ordinance or resolution adopting a predictable fee schedule,
10
the county must adopt an ordinance or resolution revising that
11
predictable fee schedule to be consistent with this Section.
12
After a document class predictable fee is approved by a county
13
board consistent with this Section, the county board may, by
14
ordinance or resolution, increase the document class
15
predictable fee and collect the increased fees if the
16
established fees are not sufficient to cover the costs of
17
providing the services related to the document class for which
18
the fee is to be increased.
19
For the purposes of the fee charged, the ordinance or
20
resolution shall divide documents into the classifications
21
specified in subsection (c), and shall establish a single,
22
all-inclusive county and State-imposed aggregate predictable
23
fee charged for each classification of document at the time of
24
recording for that document. Each document, unless otherwise
25
provided in this Section, shall fall within one of the
26
document class predictable fee classifications set by
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LRB104 20269 RTM 33720 b
1
subsection (c), and fees for each document class shall be
2
charged only as allowed by this Section.
3
Before approval of an ordinance or resolution under this
4
subsection that creates or modifies a predictable fee
5
schedule, the recorder or county clerk shall post a notice in
6
the recorder's or clerk's office at least 2 weeks prior, but
7
not more than 4 weeks prior, to the public meeting at which the
8
ordinance or resolution may be adopted. The notice shall
9
contain the proposed ordinance or resolution number, if any,
10
the proposed document class predictable fees for each
11
classification, and a reference to this Section and this
12
amendatory Act of the 103rd General Assembly. A predictable
13
fee schedule takes effect 60 days after an ordinance or
14
resolution is adopted, unless the fee schedule was previously
15
created and the ordinance or resolution is a modification
16
allowed under this Section.
17
Nothing in this Section precludes a county board from
18
adjusting amounts or allocations within a given document class
19
predictable fee when the document class predictable fee is not
20
increased or precludes an alternate predictable fee schedule
21
for electronic recording within each of the classifications
22
under subsection (c).
23
The county board may, by ordinance or resolution, increase
24
the fees allowed in the predictable fee schedule if the
25
increase is justified by an acceptable cost study or internal
26
analysis of a minimum of 3 years showing that the fees allowed
SB3143
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LRB104 20269 RTM 33720 b
1
by this Section are not sufficient to cover the cost of
2
providing the service.
3
A statement of the cost of providing each service,
4
program, and activity shall be prepared by the county board.
5
All supporting documents to the statement are public records
6
and subject to public examination and audit. All direct and
7
indirect costs, as defined in the United States Office of
8
Management and Budget Circular A-87, may be included in the
9
determination of the costs of each service, program, and
10
activity.
11
If the Rental Housing Support Program State surcharge is
12
amended and the surcharge is increased or lowered, the
13
aggregate amount of the document predictable fee attributable
14
to the surcharge in the document may be changed accordingly.
15
If any fee or surcharge is changed by State statute, the county
16
may increase the document class fees by the same amount
17
without any cost study.
18
(c) A predictable fee schedule ordinance or resolution
19
adopted under this Section shall list document fees, including
20
document class predictable fees. The document classes shall be
21
as follows:
22
(1) Deeds. The aggregate fee for recording deeds shall
23
not be less than $31 (being a minimum $13 county fee plus
24
$18 for the Rental Housing Support Program State
25
surcharge). Inclusion of language in the deed as to any
26
restriction; covenant; lien; oil, gas, or other mineral
SB3143
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1
interest; easement; lease; or a mortgage shall not alter
2
the classification of a document as a deed.
3
(2) Leases, lease amendments, and similar transfer of
4
interest documents. The aggregate fee for recording
5
leases, lease amendments, and similar transfers of
6
interest documents shall not be less than $31 (being a
7
minimum $13 county fee plus $18 for the Rental Housing
8
Support Program State surcharge).
9
(3) Mortgages. The aggregate fee for recording
10
mortgages, including assignments, extensions, amendments,
11
subordinations, and mortgage releases shall not be less
12
than $31 (being a minimum $13 county fee plus $18 for the
13
Rental Housing Support Program State surcharge).
14
(4) Easements not otherwise part of another
15
classification. The aggregate fee for recording easements
16
not otherwise part of another classification, including
17
assignments, extensions, amendments, and easement releases
18
not filed by a State agency, unit of local government, or
19
school district, shall not be less than $31 (being a
20
minimum $13 county fee plus $18 for the Rental Housing
21
Support Program State surcharge).
22
(5) Nonstandard documents. Any document presented that
23
does not conform to the following standards, even if it
24
may qualify for another document class, may be recorded
25
under this document class (5) if the nonstandard document
26
allows a legible reproduction of the document presented:
SB3143
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LRB104 20269 RTM 33720 b
1
(A) The document shall consist of one or more
2
individual sheets measuring 8.5 inches by 11 inches,
3
not permanently bound, and not a continuous form.
4
Graphic displays accompanying a document to be
5
recorded that measure up to 11 inches by 17 inches
6
shall be recorded without charging an additional fee.
7
(B) The document shall be legibly printed in black
8
ink by hand, type, or computer. Signatures and dates
9
may be in contrasting colors if they will reproduce
10
clearly.
11
(C) The document shall be on white paper of not
12
less than 20-pound weight and shall have a clean
13
margin of at least one-half inch on the top, the
14
bottom, and each side. Margins may be used only for
15
non-essential notations that will not affect the
16
validity of the document, including, but not limited
17
to, form numbers, page numbers, and customer
18
notations.
19
(D) The first page of the document shall contain a
20
blank space, measuring at least 3 inches by 5 inches,
21
from the upper right corner.
22
(E) The document shall not have any attachment
23
stapled or otherwise affixed to any page.
24
(F) The document makes specific reference to 5 or
25
fewer tax parcels, units, property identification
26
numbers, or document numbers.
SB3143
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LRB104 20269 RTM 33720 b
1
The aggregate fee for recording a nonstandard document
2
shall not be less than $31 (being a minimum $13 county fee
3
plus $18 for the Rental Housing Support Program State
4
surcharge). A county may adopt by ordinance and publish
5
with its fee schedule an additional fee or formula for a
6
document that makes specific reference to more than 5 tax
7
parcels, units, property identification numbers, or
8
document numbers.
9
(6) (Blank).
10
(7) Miscellaneous. The aggregate fee for recording
11
documents that do not otherwise fall within
12
classifications under paragraphs (1) through (6) or
13
paragraph (8) or (9) and that are not otherwise exempted
14
documents shall not be less than $31 (being a minimum $13
15
county fee plus $18 for the Rental Housing Support Program
16
State surcharge).
17
(8) Maps or plats of additions, subdivisions, or
18
otherwise. For recording maps or plats of additions,
19
subdivisions, or otherwise, the minimum fee shall be $50.
20
(9) Other. Documents presented that meet the following
21
criteria shall be charged as follows, notwithstanding
22
document classes (1) through (8):
23
(A) A document recorded pursuant to the Uniform
24
Commercial Code shall be charged as provided in the
25
Uniform Commercial Code or as otherwise by law.
26
(B) A State tax lien or a federal tax lien shall be
SB3143
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LRB104 20269 RTM 33720 b
1
charged as otherwise provided by law or ordinance,
2
except that the minimum fee that shall be collected
3
from the Department of Revenue for filing or indexing
4
a tax lien, certificate of lien release or
5
subordination, or any other type of notice or other
6
documentation affecting or concerning a tax lien is
7
$11, and the minimum fee that shall be collected from
8
the Department of Revenue or Internal Revenue Service
9
for indexing each additional name in excess of one for
10
any lien, certificate of lien release or
11
subordination, or any other type of notice or other
12
documentation affecting or concerning a lien is $1.
13
(C) A document recorded by a unit of local
14
government, State agency, or public utility, as that
15
term is defined in Section 3-105 of the Public
16
Utilities Act, may be charged a minimum fee for any
17
instrument presented for recording that falls under
18
the guideline of the predictable fee schedule as
19
follows: a $12 county fee, a $3 GIS fee, and a $3
20
automation fee, document storage fee, or both. Fees
21
under this subparagraph may be increased
on an annual
22
basis
or any other applicable fee may be imposed if
23
adopted by a county board resolution or ordinance and
24
justified by an acceptable cost study showing that the
25
fees allowed by this subparagraph are not sufficient
26
to cover the cost of providing the service.
SB3143
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1
(D) For recording any document that affects an
2
interest in real property, other than documents which
3
solely affect or relate to an easement for water,
4
sewer, electricity, gas, telephone, or other public
5
service, the recorder shall charge a minimum fee of $1
6
per document to all filers of documents not filed by
7
any State agency, any unit of local government, any
8
public utility, as that term is defined in Section
9
3-105 of the Public Utilities Act, or any school
10
district. Half of the fee shall be deposited into the
11
county general revenue fund. The remaining half shall
12
be deposited into the County Recorder Document Storage
13
System Fund and may not be appropriated or expended
14
for any other purpose. The additional amounts
15
available to the recorder for expenditure from the
16
County Recorder Document Storage System Fund shall not
17
offset or reduce any other county appropriations or
18
funding for the office of the recorder.
19
(d) For certified and non-certified copies of records, the
20
recorder and county may set a predictable fee for all copies
21
that does not exceed the highest total recording fee in any
22
established document classes, unless the copy fee is otherwise
23
provided in statute or ordinance. The total fee for a
24
certified copy of a map or plat of an addition, subdivision, or
25
otherwise may not exceed $200.
26
The fees allowed under this subsection apply to all
SB3143
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LRB104 20269 RTM 33720 b
1
records, regardless of when they were recorded, based on
2
current recording fees. These predictable fees for certified
3
and non-certified copies shall apply to portions of documents
4
and to copies provided in any format, including paper,
5
microfilm, or electronic. A county may adopt a per-line
6
pricing structure for copies of information in database
7
format.
8
(e) As provided under subsection (c), the recorder shall
9
collect an $18 Rental Housing Support Program State surcharge
10
for the recordation of any real estate-related document.
11
Payment of the Rental Housing Support Program State surcharge
12
shall be evidenced by a receipt that shall be marked upon or
13
otherwise affixed to the real estate-related document by the
14
recorder. The form of this receipt shall be prescribed by the
15
Department of Revenue and the receipts shall be issued by the
16
Department of Revenue to each county recorder.
17
The recorder shall not collect the Rental Housing Support
18
Program State surcharge from any State agency, unit of local
19
government, or school district.
20
On the 15th day of each month, each county recorder shall
21
report to the Department of Revenue, on a form prescribed by
22
the Department, the number of real estate-related documents
23
recorded for which the Rental Housing Support Program State
24
surcharge was collected. Each recorder shall submit $18 of
25
each surcharge collected in the preceding month to the
26
Department of Revenue and the Department shall deposit these
SB3143
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LRB104 20269 RTM 33720 b
1
amounts in the Rental Housing Support Program Fund. Subject to
2
appropriation, amounts in the Fund may be expended only for
3
the purpose of funding and administering the Rental Housing
4
Support Program.
5
As used in this subsection, "real estate-related document"
6
means that term as it is defined in Section 7 of the Rental
7
Housing Support Program Act.
8
(f) A county board in counties of the first and second
9
class may allow, by ordinance, a recorder to charge the
10
following fees in addition to those fees otherwise allowed
11
under this Section:
12
(1) Automation fee. A minimum automation fee of $3 may
13
be charged for filing every instrument, paper, or notice
14
for record in order to defray the cost of converting the
15
recorder's document storage system to computers or
16
micrographics and in order to defray the cost of providing
17
access to records through the Internet. A special fund
18
shall be established by the treasurer of a county, and the
19
moneys collected through the automation fee shall be
20
deposited into the special fund and used for a document
21
storage system to provide the equipment, materials, and
22
necessary expenses incurred to help defray the costs of
23
implementing and maintaining the document record system
24
and for a system to provide electronic access to those
25
records.
26
(2) GIS fee. In a county that provides and maintains a
SB3143
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LRB104 20269 RTM 33720 b
1
countywide map through a geographic information system, a
2
minimum GIS fee of $3 may be charged for filing every
3
instrument, paper, or notice for record in order to defray
4
the cost of implementing or maintaining the county's
5
geographic information system and in order to defray the
6
cost of providing electronic or automated access to the
7
county's geographic information system or property
8
records. Of that amount, a minimum of $2 must be deposited
9
into a special fund established by the treasurer of the
10
county, and any moneys collected through the GIS fee shall
11
be deposited into that special fund and used for the
12
equipment, materials, and necessary expenses incurred in
13
implementing and maintaining the geographic information
14
system and to defray the cost of providing electronic
15
access to the county geographic information system
16
records. The remaining $1 must be deposited into the
17
recorder's special funds created under Section 3-5005.4.
18
The recorder may, at the recorder's discretion, use moneys
19
in the funds created under Section 3-5005.4 to defray the
20
cost of implementing or maintaining the county's
21
geographic information system and to defray the cost of
22
providing electronic access to the county's geographic
23
information system records.
24
(Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25
.)
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