title
AMENDMENT TO PREDICTABLE FEE SCHEDULE
FOR RECORDING DOCUMENTS
resolution
WHEREAS, the Illinois General Assembly has enacted Public Act 103-0884, effective January 1, 2025, which requires counties to adopt and implement by ordinance or resolution, a predictable fee schedule for recording documents with the Office of the Recorder; and
WHEREAS, Public Act 103-0884 amends 55 ILCS 5/3-5018.2 which provides for the fees charged by the County Recorder and requires the establishment of a predictable fee schedule; and
WHEREAS, Section 5/3-5018.2 authorizes minimum document class flat fees for the following document classes: (1) deeds; (2) leases, lease amendments and similar transfer of interest documents; (3) mortgages; (4) easements not otherwise part of another classification; (5) nonstandard documents; (6) miscellaneous; (7) maps or plats of additions, subdivisions, or otherwise; and (8) other; and
WHEREAS, it is necessary for the County Board to formally adopt the statutorily prescribed predictable fee schedule and modify the existing predictable fee schedule within the County Code by adopted ordinance FI-O-0070-18 and amended by adopted ordinances FI-O-0046-19, FI-O-0069-20, FI-O-0018-22, FI-O-0055-22, FI-O-0001-23 and FI-O-0001-24; and
WHEREAS, the Finance Committee of the DuPage County Board has reviewed and recommends an amendment to the County Code, Chapter 27, Article III, Section 27-26, Recording Fee Schedule to reflect the amendments made to Section 5/3-5018.2.
NOW, THEREFORE BE IT ORDAINED, that the County Board approves the modification to its predictable fee schedule pursuant to Public Act 103-0884 and Section 5/3-5018.2 of the Counties Code, as set forth in Exhibit A (Fee Schedule) and Exhibit B (Public Act 103-0884) and adopts the cost study prepared May 18, 2018 as its statement of the cost of providing each service outlined in Exhibit A; and
IT IS FURTHER ORDAINED, that all previously enacted ordinances setting the amount of County and State fees that the County imposed prior to the effective date of this Ordinance shall remain in effect and are incorporated into the fees detailed within Exhibit A; and
IT IS FURTHER ORDAINED, that the Recording Fee Schedule in Chapter 27, Article III, Section 27-26 is amended to read as set forth in Exhibit A attached to this Ordinance; and
IT IS FURTHER ORDAINED, that the County Clerk transmit this Ordinance to the Municipal Code Corporation with instructions to amend DuPage County Code, Chapter 27, Article III, to reflect the above amendments and to update the Recording Fee Schedule as indicated on Exhibit A, attached hereto; and
IT IS FURTHER ORDAINED, that the amendments and modifications adopted within this Ordinance, as aforesaid, shall become effective the 1st day of January, 2025.
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Enacted and approved this 22nd day of October, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK