DU PAGE COUNTY - File #: FI-O-0001-24

• File #: FI-O-0001-24
• Version: 1
• Type: Finance Ordinance
• Status: Adopted
• File created: 11/22/2023
• In control: Finance Committee
• On agenda: 12/12/2023
• Final action: 12/12/2023
• Title: AMENDMENT TO PREDICTABLE FEE SCHEDULE FOR RECORDING DOCUMENTS

Date	Ver.	Action By	Action	Result
12/12/2023	1	Finance Committee	Approved	Pass
12/12/2023	1	DuPage County Board	Approved	Pass

title

AMENDMENT TO PREDICTABLE FEE SCHEDULE

FOR RECORDING DOCUMENTS

resolution

WHEREAS, the Illinois General Assembly has enacted Public Act 103-0400, effective January 1, 2024, 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 103-0400 repeals 55 ILCS 5/3-5018 and 55 ILCS 5/3-5018.1, which provided for the creation of a predictable fee schedule, and replaces those sections with a new 55 ILCS 5/3-5018.2; 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) irregular documents; (6) blanket recordings; and (7) miscellaneous; 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 and FI-O-0001-23; 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 Section 5/3-5018.2; and

NOW, THEREFORE BE IT ORDAINED, that the County Board approves the modification to its predictable fee schedule pursuant to Public Act 103-0400 and Section 5/3-5018.2 of the Counties Code, as set forth in Exhibit A (Fee Schedule) and Exhibit B (Public Act 103-0400; 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 1^st day of January, 2024.

end

Enacted and approved this 12^th day of December, 2023 at Wheaton, Illinois.

________________________________

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

Attest: ___________________________________

JEAN KACZMAREK, COUNTY CLERK