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SB 3143

COUNTIES CD-RECORDING FEES

104th Regular Session Introduced by Christopher Belt

Establishes a fixed, predictable fee schedule for recording real estate documents in certain Illinois counties, replacing size-based fees.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3143

Summary of SB3143 (104th General Assembly, Illinois)

Purpose and intent

  • Establishes a predictable, uniform fee schedule for recording documents in first- and second-class Illinois counties.
  • Aims to eliminate fees that are based on individual attributes of a document (e.g., page count, number of parcels, etc.) and instead set fixed, aggregate fees by document class.
  • Adds a framework for cost justification and annualized adjustments only as needed to cover costs.

Key provisions and changes

  • Section 3-5018.2 updated to create a predictable fee schedule for recording deeds, leases, mortgages, easements, and other documents in first- and second-class counties.
  • Fees must be paid in advance and are generally not tied to document-specific attributes. They must include all county and State surcharges (e.g., GIS, automation, storage, Rental Housing Support Program surcharges).
  • Counties must adopt by ordinance or resolution a predictable-fee schedule and revise any prior predictable schedules to be consistent with this Act.
  • Increases to document-class predictable fees are allowed only if:
    • Established by an approved cost study or internal analysis (minimum 3 years) showing costs exceed current fees, or
    • If mandated by State statute (in which case increases may be applied without a separate cost study).
  • The bill specifies fee classifications and minimums:
    • Deeds, Leases/lease amendments, Mortgages, and certain Easements: aggregate minimums around $31 (with $13 county fee and $18 Rental Housing Support Program surcharge).
    • Nonstandard documents: minimum aggregate of $31, with potential for additional charges if referencing more than 5 tax parcels/units.
    • Maps/Plats of additions, subdivisions, etc.: minimum of $50.
    • Other documents: minimum of $31 unless specific exemptions apply.
    • Special provision for documents that affect real property interests (non-easements): minimum $1 per document; half deposited into county general fund and half into the County Recorder Document Storage System Fund.
  • Rental Housing Support Program (RHSP) surcharge:
    • An $18 RHSP surcharge is collected for real estate-related documents.
    • Recipients (State) deposit collected surcharges into the RHSP Fund for program administration, subject to appropriation.
    • State surcharge collection is not applied to State agencies, local governments, or school districts.
  • Document copies:
    • Certified and non-certified copies may be priced predictably up to the highest total recording fee in established classes.
    • A cap on certified copies of maps/plats: not to exceed $200.
  • Additional fees (optional by county board):
    • Automation fee: minimum $3 per instrument to fund conversion to digital storage and online access; funds go to a county special fund.
    • GIS fee: minimum $3 per instrument to support county GIS and online access; at least $2 deposited to a county GIS fund, with $1 to the recorder’s special fund.
    • The recorder may use funds to support GIS and electronic access.
  • Reporting and administration:
    • Recoders must report monthly RHSP surcharge collections to the Department of Revenue.
    • Recipients must remit $18 per RHSP document to the RHSP Fund.
  • Effective date for predictable fee schedules:
    • A predictable fee schedule takes effect 60 days after adoption, unless the schedule is a modification of an existing one.
  • Administrative flexibility:
    • Counties may adjust amounts within a document class or adopt alternate predictable schedules for electronic recording.
    • Fee changes tied to State statutory changes may be adopted without a separate cost study.

Who would be affected

  • County recorders in first- and second-class counties (e.g., Cook County and others in Class 1/2) implementing the new predictable-fee framework.
  • Property-related filers (individuals, lenders, builders, title companies, etc.) who record deeds, mortgages, leases, easements, maps, and related documents.
  • State agencies, units of local government, and public utilities would not be charged the RHSP surcharge as currently drafted.
  • County governments: would collect and manage new funds (e.g., automation, GIS, storage funds) to support modernization and online access.
  • The Rental Housing Support Program: funding mechanism for the program would be supported via the mandated RHSP surcharge.

Procedural and timeline aspects

  • Counties must adopt or revise predictable-fee schedules by ordinance or resolution.
  • Notice requirements: before approving a new or revised predictable-fee ordinance, counties must post a public notice 2–4 weeks beforehand.
  • Implementation: new predictable-fee schedules take effect 60 days after adoption.
  • Cost documentation: cost studies or internal analyses (minimum 3 years) must justify fee increases; supporting materials are public records and subject to audit.
  • Ongoing reporting: monthly RHSP surcharge reporting to the Department of Revenue; monthly remittance to the RHSP Fund.

Practical impact

  • Expect greater fee predictability for document recording, reducing variability tied to document size or content.
  • Potentially higher or lower total costs depending on the document class and a county’s chosen fee schedule, but with a governance mechanism to justify adjustments via cost studies.
  • Increased transparency and public notice requirements for fee changes.
  • Additional funding streams for county document storage, GIS capabilities, and modernization efforts, as well as RHSP funding.

Compiled from official sources — confirm details with the bill’s official record.

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