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Public Act 098-0005
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| HB1588 Enrolled | LRB098 06214 KTG 40445 b |
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AN ACT concerning property.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing |
Sections 3-5018 and 4-12002 as follows:
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(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) |
Sec. 3-5018. Fees. The recorder elected as provided for in |
this
Division shall receive such fees as are or may be provided |
for him or her by law,
in case of provision therefor: otherwise |
he or she shall receive the same fees as
are or may be provided |
in this Section, except when increased by county
ordinance |
pursuant to the provisions of this Section, to be paid to the
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county clerk for his or her services in the office of recorder |
for like services. |
For recording deeds or other instruments, $12 for the first |
4 pages
thereof, plus $1 for each additional page thereof, plus |
$1 for each
additional document number therein noted. The |
aggregate minimum fee
for recording any one instrument shall |
not be less than $12. |
For recording deeds or other instruments wherein the |
premises
affected thereby are referred to by document number |
and not by legal
description, a fee of $1 in addition to that |
hereinabove referred to for
each document number therein noted. |
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For recording assignments of mortgages, leases or liens, |
$12 for the
first 4 pages thereof, plus $1 for each additional |
page thereof. However,
except for leases and liens pertaining |
to oil, gas and other minerals,
whenever a mortgage, lease or |
lien assignment assigns more than one
mortgage, lease or lien |
document, a $7 fee shall be charged for the recording
of each |
such mortgage, lease or lien document after the first one. |
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 fee of $1 per |
document to all filers of documents not filed by any State |
agency, any unit of local government, or any school district. |
Fifty cents of the $1 fee hereby established shall be deposited |
into the County General Revenue Fund. The remaining $0.50 shall |
be deposited into the Recorder's Automation Fund and may not be |
appropriated or expended for any other purpose. The additional |
amounts available to the recorder for expenditure from the |
Recorder's Automation Fund shall not offset or reduce any other |
county appropriations or funding for the office of the |
recorder. |
For recording maps or plats of additions or subdivisions |
approved by the
county or municipality (including the spreading |
of the same of record in
map case or other proper books) or |
plats of condominiums, $50 for the first
page, plus $1 for each |
additional page thereof except that in the case of
recording a |
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single page, legal size 8 1/2 x 14, plat of survey in which
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there are no more than two lots or parcels of land, the fee |
shall be $12.
In each county where such maps or plats are to be |
recorded, the recorder
may require the same to be accompanied |
by such number of exact, true and
legible copies thereof as the |
recorder deems necessary for the efficient
conduct and |
operation of his or her office. |
For non-certified copies of records, an amount not to |
exceed one-half of the amount provided in this Section for |
certified copies, according to a standard scale of fees, |
established by county ordinance and made public. The provisions |
of this paragraph shall not be applicable to any person or |
entity who obtains non-certified copies of records in the |
following manner: (i) in bulk for all documents recorded on any |
given day in an electronic or paper format for a negotiated |
amount less than the amount provided for in this paragraph for |
non-certified copies, (ii) under a contractual relationship |
with the recorder for a negotiated amount less than the amount |
provided for in this paragraph for non-certified copies, |
or (iii) by means of Internet access pursuant to Section |
5-1106.1. |
For certified copies of records, the same fees as for |
recording, but
in no case shall the fee for a certified copy of |
a map or plat of an
addition, subdivision or otherwise exceed |
$10. |
Each certificate of such recorder of the recording of the |
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deed or
other writing and of the date of recording the same |
signed by such
recorder, shall be sufficient evidence of the |
recording thereof, and
such certificate including the indexing |
of record, shall be furnished
upon the payment of the fee for |
recording the instrument, and no
additional fee shall be |
allowed for the certificate or indexing. |
The recorder shall charge an additional fee, in an amount |
equal to the
fee otherwise provided by law, for recording a |
document (other than a
document filed under the Plat Act or the |
Uniform Commercial Code) that does
not conform to the following |
standards: |
(1) 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 recorded that |
measure up to 11
inches by 17 inches shall be recorded |
without charging an additional fee. |
(2) 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. |
(3) 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 for non-essential notations that
will |
not affect the validity of the document, including but not |
limited to
form numbers, page numbers, and customer |
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notations. |
(4) The first page of the document shall contain a |
blank space, measuring
at least 3 inches by 5 inches, from |
the upper right corner. |
(5) The document shall not have any attachment stapled |
or otherwise
affixed to any page. |
A document that does not conform to these standards shall
not |
be recorded except upon payment of the additional fee required |
under
this paragraph. This paragraph, as amended by this |
amendatory Act of 1995,
applies only to documents dated after |
the effective date of this amendatory
Act of 1995. |
The county board of any county may provide for an |
additional charge of $3
for filing every instrument, paper, or |
notice for record, (1)
in order to
defray the cost of |
converting the county recorder's document storage system
to |
computers or micrographics
and (2) in order to defray the cost |
of providing access to records through
the global
information |
system known as the Internet. |
A special fund shall be set up by the treasurer of the |
county and such
funds collected pursuant to Public Act 83-1321 |
shall be used (1)
for
a document storage system to provide the |
equipment, materials and necessary
expenses incurred to help |
defray the costs of implementing and maintaining
such a |
document records system
and (2) for a system to provide |
electronic access to
those records. |
The county board of any county that provides and maintains |
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a countywide map
through a Geographic Information System (GIS) |
may provide for an additional
charge of $3 for filing every |
instrument, paper, or notice for record (1)
in order
to defray |
the cost of implementing or maintaining the county's Geographic
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Information System
and (2) in order to defray the cost of |
providing electronic access to the
county's
Geographic
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Information System records.
Of that amount, $2 must be |
deposited into a special fund
set up by the treasurer of the |
county, and any moneys collected pursuant to
this amendatory |
Act of the 91st General Assembly and deposited into that fund
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must be used solely for the equipment, materials, and necessary |
expenses
incurred in implementing and maintaining a Geographic |
Information System and
in order to defray the cost of providing |
electronic access to the county's
Geographic Information |
System records.
The remaining $1 must be deposited into the |
recorder's special funds created
under Section 3-5005.4. The |
recorder may, in his or her discretion, use moneys
in the funds |
created under Section 3-5005.4 to defray the cost of |
implementing
or maintaining the county's Geographic |
Information System
and to defray the cost of providing |
electronic access to the county's
Geographic
Information |
System records. |
The recorder shall collect a $9 $10 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 |
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shall be marked upon or otherwise affixed to the real |
estate-related document
by the recorder. The form of this |
receipt shall be prescribed by the Department
of Revenue and |
the receipts shall be issued by the Department of Revenue to
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each county recorder. |
The recorder shall not collect the Rental Housing Support |
Program State surcharge from any State agency, any unit of |
local government or any school district. |
One dollar of each surcharge shall be retained by the |
county in which it was collected. This dollar shall be |
deposited into the county's general revenue fund. Fifty cents |
of that amount shall be used for the costs of administering the |
Rental Housing Support Program State surcharge and any other |
lawful expenditures for the operation of the office of the |
recorder and may not be appropriated or expended for any other |
purpose. The amounts available to the recorder for expenditure |
from the surcharge shall not offset or reduce any other county |
appropriations or funding for the office of the recorder.
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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 $9 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, |
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amounts in the Fund may be expended only for the purpose of |
funding and administering the Rental Housing Support Program. |
For purposes of this Section, "real estate-related |
document" means that term as it is defined in Section 7 of the |
Rental Housing Support Program Act.
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The foregoing fees allowed by this Section are the maximum |
fees that
may be collected from any officer, agency, department |
or other
instrumentality of the State. The county board may, |
however, by ordinance,
increase the fees allowed by this |
Section and collect such increased fees
from all persons and |
entities other than officers, agencies, departments
and other |
instrumentalities of the State if the increase is justified by |
an
acceptable cost study showing that the fees allowed by this |
Section are not
sufficient to cover the cost of providing the |
service.
Regardless of any other provision in this Section, the |
maximum fee that may
be collected from the Department of |
Revenue for filing or indexing a
lien, certificate of lien |
release or subordination, or any other type of notice
or other |
documentation affecting or concerning a lien is $5. Regardless |
of
any other provision in this Section, the maximum fee that |
may be collected from
the Department of Revenue 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. |
A statement of the costs of providing each service, program |
and activity
shall be prepared by the county board. All |
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supporting documents shall be
public record 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. |
(Source: P.A. 96-1356, eff. 7-28-10.)
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(55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
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Sec. 4-12002. Fees of recorder in third class counties. The |
fees of
the recorder in counties of the third 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 be as follows:
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For recording deeds or other instruments $20 for the first |
2 pages
thereof, plus $2 for each additional page thereof. The |
aggregate minimum fee
for recording
any one instrument shall |
not be less than $20.
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For recording deeds or other instruments wherein the |
premises
affected thereby are referred to by document number |
and not by legal
description the recorder shall charge a fee of |
$4 in addition
to that hereinabove referred to for each |
document number therein noted.
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For recording deeds or other instruments wherein more than |
one tract,
parcel or lot is described and such additional |
tract, or tracts, parcel
or parcels, lot or lots is or are |
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described therein as falling in a
separate or different |
addition or subdivision the recorder
shall charge as an |
additional fee, to that herein provided, the sum of
$2 for each |
additional addition or subdivision referred to in such deed
or |
instrument.
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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 fee of $1 per |
document to all filers of documents not filed by any State |
agency, any unit of local government, or any school district. |
Fifty cents of the $1 fee hereby established shall be deposited |
into the County General Revenue Fund. The remaining $0.50 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 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. |
For recording maps or plats of additions, subdivisions or |
otherwise
(including the spreading of the same of record in |
well bound books) $100
plus $2 for each tract, parcel or lot |
contained therein.
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For certified copies of records the same fees as for |
recording, but
in no case shall the fee for a certified copy of |
a map or plat of an
addition, subdivision or otherwise exceed |
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$200.
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For non-certified copies of records, an amount not to |
exceed one half of
the amount provided herein for certified |
copies, according to a standard scale
of fees, established by |
county ordinance and made public.
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For filing of each release of any chattel mortgage or trust |
deed
which has been filed but not recorded and for indexing the |
same in the
book to be kept for that purpose $10.
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For processing the sworn or affirmed statement required for |
filing a deed
or assignment of a beneficial interest in a land |
trust in accordance with
Section 3-5020 of this Code, $2.
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The recorder shall charge an additional fee, in an amount |
equal to the
fee otherwise provided by law, for recording a |
document (other than a
document filed under the Plat Act or the |
Uniform Commercial Code) that does
not conform to
the following |
standards:
|
(1) 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 recorded
that |
measure up to 11 inches by 17 inches shall be recorded |
without charging
an additional fee.
|
(2) 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.
|
(3) 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.
|
(4) The first page of the document shall contain a |
blank space, measuring
at least 3 inches by 5 inches, from |
the upper right corner.
|
(5) The document shall not have any attachment stapled |
or otherwise
affixed to any page.
|
A document that does not conform to these standards shall
not |
be recorded except upon payment of the additional fee required |
under
this paragraph. This paragraph, as amended by this |
amendatory Act of 1995,
applies only to documents dated after |
the effective date of this amendatory
Act of 1995.
|
The recorder shall collect a $9 $10 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 by the Department of Revenue and |
the receipts shall be issued by the Department of Revenue to |
each county recorder.
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The recorder shall not collect the Rental Housing Support |
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Program State surcharge from any State agency, any unit of |
local government or any school district.
|
One dollar of each surcharge shall be retained by the |
county in which it was collected. This dollar shall be |
deposited into the county's general revenue fund. Fifty cents |
of that amount shall be used for the costs of administering the |
Rental Housing Support Program State surcharge and any other |
lawful expenditures for the operation of the office of the |
recorder and may not be appropriated or expended for any other |
purpose. The amounts available to the recorder for expenditure |
from the surcharge shall not offset or reduce any other county |
appropriations or funding for the office of the recorder.
|
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 $9 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. |
For purposes of this Section, "real estate-related |
document" means that term as it is defined in Section 7 of the |
Rental Housing Support Program Act.
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The fee requirements of this Section apply to units of |
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local
government and school districts.
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Regardless of any other provision in this Section, the |
maximum fee that may
be collected from the Department of |
Revenue for filing or indexing a
lien, certificate of lien |
release or subordination, or any other type of notice
or other |
documentation affecting or concerning a lien is $5. Regardless |
of any
other provision in this Section, the maximum fee that |
may be collected from the
Department of Revenue 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.
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(Source: P.A. 93-671, eff. 6-1-04; 94-118, eff. 7-5-05.)
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Section 10. The Rental Housing Support Program Act is |
amended by changing Section 5 as follows:
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(310 ILCS 105/5)
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Sec. 5. Legislative findings and purpose. The General |
Assembly finds
that in many parts of this State, large numbers |
of citizens are faced with the
inability to secure affordable |
rental housing. Due to either insufficient wages
or a shortage |
of affordable rental housing stock, or both, many families have
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difficulty securing decent housing, are subjected to |
overcrowding, pay too
large a portion of their total monthly |
income for housing and consequently
suffer the lack of other
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basic needs, live in substandard or unhealthy housing, or |
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experience chronic
housing instability. Instability and |
inadequacy in housing limits the
employability and |
productivity of many citizens, adversely affects family
health |
and stress levels, and impedes children's ability to learn; |
such instability produces
corresponding drains on public |
resources and contributes to an overall decline in real estate |
values. Unaffordable rental
rates lead to frequent tenant |
turnover and difficulty filling vacancies, resulting in |
unstable
income streams for rental property owners, the limited |
ability of owners to properly maintain
their properties, |
substandard rental housing, and greater rates of foreclosure. |
High tenant
turnover, poorly maintained properties, vacant and |
abandoned properties, and overcrowded
housing negatively |
impact the safety and health of communities and the real estate |
values within
such communities. Among others, the program |
created by this Act benefits (i) all individuals
who record |
real estate related documents by helping to stabilize real |
estate values in the State,
(ii) rental property owners by |
subsidizing the portion of rent that many of their tenants are |
unable to pay, (iii) those individuals who own real estate in |
the State by providing an option for
affordable rental housing |
should they one day face foreclosure, and (iv) tenants who |
participate
in the program by providing them with rental |
assistance and the ability to achieve financial
stability so |
that they are able to become property owners themselves. It is |
the purpose of this Act to
create a State program to help |