Rep. Barbara Flynn Currie
Filed: 1/6/2013
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1 | AMENDMENT TO SENATE BILL 3479
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2 | AMENDMENT NO. ______. Amend Senate Bill 3479, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Counties Code is amended by changing | ||||||
6 | Sections 3-5018 and 4-12002 as follows: | ||||||
7 | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | ||||||
8 | Sec. 3-5018. Fees. The recorder elected as provided for in | ||||||
9 | this
Division shall receive such fees as are or may be provided | ||||||
10 | for him or her by law,
in case of provision therefor: otherwise | ||||||
11 | he or she shall receive the same fees as
are or may be provided | ||||||
12 | in this Section, except when increased by county
ordinance | ||||||
13 | pursuant to the provisions of this Section, to be paid to the
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14 | county clerk for his or her services in the office of recorder | ||||||
15 | for like services. |
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1 | For recording deeds or other instruments, $13 $12 for the | ||||||
2 | first 4 pages
thereof, plus $1 for each additional page | ||||||
3 | thereof, plus $1 for each
additional document number therein | ||||||
4 | noted. The aggregate minimum fee
for recording any one | ||||||
5 | instrument shall not be less than $13. The additional dollar | ||||||
6 | authorized by this amendatory Act of the 97th General Assembly | ||||||
7 | shall be over and above the amount set by county ordinance. | ||||||
8 | Fifty cents of the additional dollar shall be deposited into | ||||||
9 | the county's general revenue fund. Fifty cents of the | ||||||
10 | additional dollar shall be deposited into the Recorder's | ||||||
11 | Automation Fund and may not be appropriated or expended for any | ||||||
12 | other purpose. The amounts available to the recorder for | ||||||
13 | expenditure from the additional dollar authorized by this | ||||||
14 | amendatory Act of the 97th General Assembly shall not offset or | ||||||
15 | reduce any other county appropriations or funding for the | ||||||
16 | office of the recorder. $12. | ||||||
17 | For recording deeds or other instruments wherein the | ||||||
18 | premises
affected thereby are referred to by document number | ||||||
19 | and not by legal
description, a fee of $1 in addition to that | ||||||
20 | hereinabove referred to for
each document number therein noted. | ||||||
21 | For recording assignments of mortgages, leases or liens, | ||||||
22 | $13 $12 for the
first 4 pages thereof, plus $1 for each | ||||||
23 | additional page thereof. However,
except for leases and liens | ||||||
24 | pertaining to oil, gas and other minerals,
whenever a mortgage, | ||||||
25 | lease or lien assignment assigns more than one
mortgage, lease | ||||||
26 | or lien document, a $7 fee shall be charged for the recording
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1 | of each such mortgage, lease or lien document after the first | ||||||
2 | one. | ||||||
3 | For recording maps or plats of additions or subdivisions | ||||||
4 | approved by the
county or municipality (including the spreading | ||||||
5 | of the same of record in
map case or other proper books) or | ||||||
6 | plats of condominiums, $50 for the first
page, plus $1 for each | ||||||
7 | additional page thereof except that in the case of
recording a | ||||||
8 | single page, legal size 8 1/2 x 14, plat of survey in which
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9 | there are no more than two lots or parcels of land, the fee | ||||||
10 | shall be $12.
In each county where such maps or plats are to be | ||||||
11 | recorded, the recorder
may require the same to be accompanied | ||||||
12 | by such number of exact, true and
legible copies thereof as the | ||||||
13 | recorder deems necessary for the efficient
conduct and | ||||||
14 | operation of his or her office. | ||||||
15 | For non-certified copies of records, an amount not to | ||||||
16 | exceed one-half of the amount provided in this Section for | ||||||
17 | certified copies, according to a standard scale of fees, | ||||||
18 | established by county ordinance and made public. The provisions | ||||||
19 | of this paragraph shall not be applicable to any person or | ||||||
20 | entity who obtains non-certified copies of records in the | ||||||
21 | following manner: (i) in bulk for all documents recorded on any | ||||||
22 | given day in an electronic or paper format for a negotiated | ||||||
23 | amount less than the amount provided for in this paragraph for | ||||||
24 | non-certified copies, (ii) under a contractual relationship | ||||||
25 | with the recorder for a negotiated amount less than the amount | ||||||
26 | provided for in this paragraph for non-certified copies, |
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1 | or (iii) by means of Internet access pursuant to Section | ||||||
2 | 5-1106.1. | ||||||
3 | For certified copies of records, the same fees as for | ||||||
4 | recording, but
in no case shall the fee for a certified copy of | ||||||
5 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
6 | $10. | ||||||
7 | Each certificate of such recorder of the recording of the | ||||||
8 | deed or
other writing and of the date of recording the same | ||||||
9 | signed by such
recorder, shall be sufficient evidence of the | ||||||
10 | recording thereof, and
such certificate including the indexing | ||||||
11 | of record, shall be furnished
upon the payment of the fee for | ||||||
12 | recording the instrument, and no
additional fee shall be | ||||||
13 | allowed for the certificate or indexing. | ||||||
14 | The recorder shall charge an additional fee, in an amount | ||||||
15 | equal to the
fee otherwise provided by law, for recording a | ||||||
16 | document (other than a
document filed under the Plat Act or the | ||||||
17 | Uniform Commercial Code) that does
not conform to the following | ||||||
18 | standards: | ||||||
19 | (1) The document shall consist of one or more | ||||||
20 | individual sheets measuring
8.5 inches by 11 inches, not | ||||||
21 | permanently bound and not a continuous form.
Graphic | ||||||
22 | displays accompanying a document to be recorded that | ||||||
23 | measure up to 11
inches by 17 inches shall be recorded | ||||||
24 | without charging an additional fee. | ||||||
25 | (2) The document shall be legibly printed in black ink, | ||||||
26 | by hand, type,
or computer. Signatures and dates may be in |
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1 | contrasting colors if they will
reproduce clearly. | ||||||
2 | (3) The document shall be on white paper of not less | ||||||
3 | than 20-pound
weight and shall have a clean margin of at | ||||||
4 | least one-half inch on the top, the
bottom, and each side. | ||||||
5 | Margins may be used for non-essential notations that
will | ||||||
6 | not affect the validity of the document, including but not | ||||||
7 | limited to
form numbers, page numbers, and customer | ||||||
8 | notations. | ||||||
9 | (4) The first page of the document shall contain a | ||||||
10 | blank space, measuring
at least 3 inches by 5 inches, from | ||||||
11 | the upper right corner. | ||||||
12 | (5) The document shall not have any attachment stapled | ||||||
13 | or otherwise
affixed to any page. | ||||||
14 | A document that does not conform to these standards shall
not | ||||||
15 | be recorded except upon payment of the additional fee required | ||||||
16 | under
this paragraph. This paragraph, as amended by this | ||||||
17 | amendatory Act of 1995,
applies only to documents dated after | ||||||
18 | the effective date of this amendatory
Act of 1995. | ||||||
19 | The county board of any county may provide for an | ||||||
20 | additional charge of $3
for filing every instrument, paper, or | ||||||
21 | notice for record, (1)
in order to
defray the cost of | ||||||
22 | converting the county recorder's document storage system
to | ||||||
23 | computers or micrographics
and (2) in order to defray the cost | ||||||
24 | of providing access to records through
the global
information | ||||||
25 | system known as the Internet. | ||||||
26 | A special fund shall be set up by the treasurer of the |
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1 | county and such
funds collected pursuant to Public Act 83-1321 | ||||||
2 | shall be used (1)
for
a document storage system to provide the | ||||||
3 | equipment, materials and necessary
expenses incurred to help | ||||||
4 | defray the costs of implementing and maintaining
such a | ||||||
5 | document records system
and (2) for a system to provide | ||||||
6 | electronic access to
those records. | ||||||
7 | The county board of any county that provides and maintains | ||||||
8 | a countywide map
through a Geographic Information System (GIS) | ||||||
9 | may provide for an additional
charge of $3 for filing every | ||||||
10 | instrument, paper, or notice for record (1)
in order
to defray | ||||||
11 | the cost of implementing or maintaining the county's Geographic
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12 | Information System
and (2) in order to defray the cost of | ||||||
13 | providing electronic access to the
county's
Geographic
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14 | Information System records.
Of that amount, $2 must be | ||||||
15 | deposited into a special fund
set up by the treasurer of the | ||||||
16 | county, and any moneys collected pursuant to
this amendatory | ||||||
17 | Act of the 91st General Assembly and deposited into that fund
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18 | must be used solely for the equipment, materials, and necessary | ||||||
19 | expenses
incurred in implementing and maintaining a Geographic | ||||||
20 | Information System and
in order to defray the cost of providing | ||||||
21 | electronic access to the county's
Geographic Information | ||||||
22 | System records.
The remaining $1 must be deposited into the | ||||||
23 | recorder's special funds created
under Section 3-5005.4. The | ||||||
24 | recorder may, in his or her discretion, use moneys
in the funds | ||||||
25 | created under Section 3-5005.4 to defray the cost of | ||||||
26 | implementing
or maintaining the county's Geographic |
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1 | Information System
and to defray the cost of providing | ||||||
2 | electronic access to the county's
Geographic
Information | ||||||
3 | System records. | ||||||
4 | The recorder shall collect a $9 $10 Rental Housing Support | ||||||
5 | Program State
surcharge for the recordation of any real | ||||||
6 | estate-related document. Payment of the
Rental Housing Support | ||||||
7 | Program State surcharge shall be evidenced by a receipt
that | ||||||
8 | shall be marked upon or otherwise affixed to the real | ||||||
9 | estate-related document
by the recorder. The form of this | ||||||
10 | receipt shall be prescribed by the Department
of Revenue and | ||||||
11 | the receipts shall be issued by the Department of Revenue to
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12 | each county recorder. | ||||||
13 | The recorder shall not collect the Rental Housing Support | ||||||
14 | Program State surcharge from any State agency, any unit of | ||||||
15 | local government or any school district. | ||||||
16 | One dollar of each surcharge shall be retained by the | ||||||
17 | county in which it was collected. This dollar shall be | ||||||
18 | deposited into the county's general revenue fund. Fifty cents | ||||||
19 | of that amount shall be used for the costs of administering the | ||||||
20 | Rental Housing Support Program State surcharge and any other | ||||||
21 | lawful expenditures for the operation of the office of the | ||||||
22 | recorder and may not be appropriated or expended for any other | ||||||
23 | purpose. The amounts available to the recorder for expenditure | ||||||
24 | from the surcharge shall not offset or reduce any other county | ||||||
25 | appropriations or funding for the office of the recorder.
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26 | On the 15th day of each month, each county recorder shall |
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1 | report
to the Department of Revenue, on a form prescribed by | ||||||
2 | the Department,
the number of real estate-related documents | ||||||
3 | recorded for which
the Rental Housing Support Program
State | ||||||
4 | surcharge was collected. Each recorder shall submit $9 of each | ||||||
5 | surcharge collected in the
preceding month to the Department of | ||||||
6 | Revenue and the Department
shall deposit these amounts in the | ||||||
7 | Rental Housing Support Program Fund. Subject to appropriation, | ||||||
8 | amounts in the Fund may be expended only for the purpose of | ||||||
9 | funding and administering the Rental Housing Support Program. | ||||||
10 | For purposes of this Section, "real estate-related | ||||||
11 | document" means that term as it is defined in Section 7 of the | ||||||
12 | Rental Housing Support Program Act.
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13 | The foregoing fees allowed by this Section are the maximum | ||||||
14 | fees that
may be collected from any officer, agency, department | ||||||
15 | or other
instrumentality of the State. The county board may, | ||||||
16 | however, by ordinance,
increase the fees allowed by this | ||||||
17 | Section and collect such increased fees
from all persons and | ||||||
18 | entities other than officers, agencies, departments
and other | ||||||
19 | instrumentalities of the State if the increase is justified by | ||||||
20 | an
acceptable cost study showing that the fees allowed by this | ||||||
21 | Section are not
sufficient to cover the cost of providing the | ||||||
22 | service.
Regardless of any other provision in this Section, the | ||||||
23 | maximum fee that may
be collected from the Department of | ||||||
24 | Revenue for filing or indexing a
lien, certificate of lien | ||||||
25 | release or subordination, or any other type of notice
or other | ||||||
26 | documentation affecting or concerning a lien is $5. Regardless |
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1 | of
any other provision in this Section, the maximum fee that | ||||||
2 | may be collected from
the Department of Revenue for indexing | ||||||
3 | each additional name in excess
of one for any lien, certificate | ||||||
4 | of lien release or subordination, or any other
type of notice | ||||||
5 | or other documentation affecting or concerning a lien is $1. | ||||||
6 | A statement of the costs of providing each service, program | ||||||
7 | and activity
shall be prepared by the county board. All | ||||||
8 | supporting documents shall be
public record and subject to | ||||||
9 | public examination and audit. All direct and
indirect costs, as | ||||||
10 | defined in the United States Office of Management and
Budget | ||||||
11 | Circular A-87, may be included in the determination of the | ||||||
12 | costs of
each service, program and activity. | ||||||
13 | (Source: P.A. 96-1356, eff. 7-28-10.)
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14 | (55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
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15 | Sec. 4-12002. Fees of recorder in third class counties. The | ||||||
16 | fees of
the recorder in counties of the third class for | ||||||
17 | recording deeds or other
instruments in writing and maps of | ||||||
18 | plats of additions, subdivisions or
otherwise, and for | ||||||
19 | certifying copies of records, shall be paid in advance
and | ||||||
20 | shall be as follows:
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21 | For recording deeds or other instruments $21 $20 for the | ||||||
22 | first 2 pages
thereof, plus $2 for each additional page | ||||||
23 | thereof. The aggregate minimum fee
for recording
any one | ||||||
24 | instrument shall not be less than $21. The additional dollar | ||||||
25 | authorized by this amendatory Act of the 97th General Assembly |
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1 | shall be over and above the amount set by county ordinance. | ||||||
2 | Fifty cents of the additional dollar shall be deposited into | ||||||
3 | the county's general revenue fund. Fifty cents of the | ||||||
4 | additional dollar shall be deposited into the Recorder's | ||||||
5 | Automation Fund and may not be appropriated or expended for any | ||||||
6 | other purpose. The amounts available to the recorder for | ||||||
7 | expenditure from the additional dollar authorized by this | ||||||
8 | amendatory Act of the 97th General Assembly shall not offset or | ||||||
9 | reduce any other county appropriations or funding for the | ||||||
10 | office of the recorder. $20.
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11 | For recording deeds or other instruments wherein the | ||||||
12 | premises
affected thereby are referred to by document number | ||||||
13 | and not by legal
description the recorder shall charge a fee of | ||||||
14 | $4 in addition
to that hereinabove referred to for each | ||||||
15 | document number therein noted.
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16 | For recording deeds or other instruments wherein more than | ||||||
17 | one tract,
parcel or lot is described and such additional | ||||||
18 | tract, or tracts, parcel
or parcels, lot or lots is or are | ||||||
19 | described therein as falling in a
separate or different | ||||||
20 | addition or subdivision the recorder
shall charge as an | ||||||
21 | additional fee, to that herein provided, the sum of
$2 for each | ||||||
22 | additional addition or subdivision referred to in such deed
or | ||||||
23 | instrument.
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24 | For recording maps or plats of additions, subdivisions or | ||||||
25 | otherwise
(including the spreading of the same of record in | ||||||
26 | well bound books) $100
plus $2 for each tract, parcel or lot |
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1 | contained therein.
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2 | For certified copies of records the same fees as for | ||||||
3 | recording, but
in no case shall the fee for a certified copy of | ||||||
4 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
5 | $200.
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6 | For non-certified copies of records, an amount not to | ||||||
7 | exceed one half of
the amount provided herein for certified | ||||||
8 | copies, according to a standard scale
of fees, established by | ||||||
9 | county ordinance and made public.
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10 | For filing of each release of any chattel mortgage or trust | ||||||
11 | deed
which has been filed but not recorded and for indexing the | ||||||
12 | same in the
book to be kept for that purpose $10.
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13 | For processing the sworn or affirmed statement required for | ||||||
14 | filing a deed
or assignment of a beneficial interest in a land | ||||||
15 | trust in accordance with
Section 3-5020 of this Code, $2.
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16 | The recorder shall charge an additional fee, in an amount | ||||||
17 | equal to the
fee otherwise provided by law, for recording a | ||||||
18 | document (other than a
document filed under the Plat Act or the | ||||||
19 | Uniform Commercial Code) that does
not conform to
the following | ||||||
20 | standards:
| ||||||
21 | (1) The document shall consist of one or more | ||||||
22 | individual sheets
measuring 8.5 inches by 11 inches, not | ||||||
23 | permanently bound and not a
continuous form. Graphic | ||||||
24 | displays accompanying a document to be recorded
that | ||||||
25 | measure up to 11 inches by 17 inches shall be recorded | ||||||
26 | without charging
an additional fee.
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1 | (2) The document shall be legibly printed in black ink,
| ||||||
2 | by hand, type, or
computer. Signatures and dates may
be
in | ||||||
3 | contrasting colors if they will reproduce clearly.
| ||||||
4 | (3) The document shall be on white paper of not less | ||||||
5 | than 20-pound
weight and shall have a clean margin of at | ||||||
6 | least one-half inch on the top, the
bottom, and each side. | ||||||
7 | Margins may be used only for non-essential notations
that | ||||||
8 | will not affect the validity of the document, including but | ||||||
9 | not limited to
form numbers, page numbers, and customer | ||||||
10 | notations.
| ||||||
11 | (4) The first page of the document shall contain a | ||||||
12 | blank space, measuring
at least 3 inches by 5 inches, from | ||||||
13 | the upper right corner.
| ||||||
14 | (5) The document shall not have any attachment stapled | ||||||
15 | or otherwise
affixed to any page.
| ||||||
16 | A document that does not conform to these standards shall
not | ||||||
17 | be recorded except upon payment of the additional fee required | ||||||
18 | under
this paragraph. This paragraph, as amended by this | ||||||
19 | amendatory Act of 1995,
applies only to documents dated after | ||||||
20 | the effective date of this amendatory
Act of 1995.
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21 | The recorder shall collect a $9 $10 Rental Housing Support | ||||||
22 | Program State surcharge for the recordation of any real | ||||||
23 | estate-related document. Payment of the Rental Housing Support | ||||||
24 | Program State surcharge shall be evidenced by a receipt that | ||||||
25 | shall be marked upon or otherwise affixed to the real | ||||||
26 | estate-related document by the recorder. The form of this |
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| |||||||
1 | receipt shall be prescribed by the Department of Revenue and | ||||||
2 | the receipts shall be issued by the Department of Revenue to | ||||||
3 | each county recorder.
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4 | The recorder shall not collect the Rental Housing Support | ||||||
5 | Program State surcharge from any State agency, any unit of | ||||||
6 | local government or any school district.
| ||||||
7 | One dollar of each surcharge shall be retained by the | ||||||
8 | county in which it was collected. This dollar shall be | ||||||
9 | deposited into the county's general revenue fund. Fifty cents | ||||||
10 | of that amount shall be used for the costs of administering the | ||||||
11 | Rental Housing Support Program State surcharge and any other | ||||||
12 | lawful expenditures for the operation of the office of the | ||||||
13 | recorder and may not be appropriated or expended for any other | ||||||
14 | purpose. The amounts available to the recorder for expenditure | ||||||
15 | from the surcharge shall not offset or reduce any other county | ||||||
16 | appropriations or funding for the office of the recorder.
| ||||||
17 | On the 15th day of each month, each county recorder shall | ||||||
18 | report
to the Department of Revenue, on a form prescribed by | ||||||
19 | the Department,
the number of real estate-related documents | ||||||
20 | recorded for which
the Rental Housing Support Program
State | ||||||
21 | surcharge was collected. Each recorder shall submit $9 of each | ||||||
22 | surcharge collected in the
preceding month to the Department of | ||||||
23 | Revenue and the Department
shall deposit these amounts in the | ||||||
24 | Rental Housing Support Program Fund. Subject to appropriation, | ||||||
25 | amounts in the Fund may be expended only for the purpose of | ||||||
26 | funding and administering the Rental Housing Support Program. |
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1 | For purposes of this Section, "real estate-related | ||||||
2 | document" means that term as it is defined in Section 7 of the | ||||||
3 | Rental Housing Support Program Act.
| ||||||
4 | The fee requirements of this Section apply to units of | ||||||
5 | local
government and school districts.
| ||||||
6 | Regardless of any other provision in this Section, the | ||||||
7 | maximum fee that may
be collected from the Department of | ||||||
8 | Revenue for filing or indexing a
lien, certificate of lien | ||||||
9 | release or subordination, or any other type of notice
or other | ||||||
10 | documentation affecting or concerning a lien is $5. Regardless | ||||||
11 | of any
other provision in this Section, the maximum fee that | ||||||
12 | may be collected from the
Department of Revenue for indexing | ||||||
13 | each additional name in excess of
one for any lien, certificate | ||||||
14 | of lien release or subordination, or any other
type of notice | ||||||
15 | or other documentation affecting or concerning a lien is $1.
| ||||||
16 | (Source: P.A. 93-671, eff. 6-1-04; 94-118, eff. 7-5-05.)
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17 | Section 10. The Rental Housing Support Program Act is | ||||||
18 | amended by changing Section 5 as follows: | ||||||
19 | (310 ILCS 105/5)
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20 | Sec. 5. Legislative findings and purpose. The General | ||||||
21 | Assembly finds
that in many parts of this State, large numbers | ||||||
22 | of citizens are faced with the
inability to secure affordable | ||||||
23 | rental housing. Due to either insufficient wages
or a shortage | ||||||
24 | of affordable rental housing stock, or both, many families have
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1 | difficulty securing decent housing, are subjected to | ||||||
2 | overcrowding, pay too
large a portion of their total monthly | ||||||
3 | income for housing and consequently
suffer the lack of other
| ||||||
4 | basic needs, live in substandard or unhealthy housing, or | ||||||
5 | experience chronic
housing instability. Instability and | ||||||
6 | inadequacy in housing limits the
employability and | ||||||
7 | productivity of many citizens, adversely affects family
health | ||||||
8 | and stress levels, and impedes children's ability to learn; | ||||||
9 | such instability produces
corresponding drains on public | ||||||
10 | resources and contributes to an overall decline in real estate | ||||||
11 | values. Unaffordable rental
rates lead to frequent tenant | ||||||
12 | turnover and difficulty filling vacancies, resulting in | ||||||
13 | unstable
income streams for rental property owners, the limited | ||||||
14 | ability of owners to properly maintain
their properties, | ||||||
15 | substandard rental housing, and greater rates of foreclosure. | ||||||
16 | High tenant
turnover, poorly maintained properties, vacant and | ||||||
17 | abandoned properties, and overcrowded
housing negatively | ||||||
18 | impact the safety and health of communities and the real estate | ||||||
19 | values within
such communities. Among others, the program | ||||||
20 | created by this Act benefits (i) all individuals
who record | ||||||
21 | real estate related documents by helping to stabilize real | ||||||
22 | estate values in the State,
(ii) rental property owners by | ||||||
23 | subsidizing the portion of rent that many of their tenants are | ||||||
24 | unable to pay, (iii) those individuals who own real estate in | ||||||
25 | the State by providing an option for
affordable rental housing | ||||||
26 | should they one day face foreclosure, and (iv) tenants who |
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| |||||||
1 | participate
in the program by providing them with rental | ||||||
2 | assistance and the ability to achieve financial
stability so | ||||||
3 | that they are able to become property owners themselves. It is | ||||||
4 | the purpose of this Act to
create a State program to help | ||||||
5 | localities address the need for decent,
affordable, permanent | ||||||
6 | rental housing.
| ||||||
7 | (Source: P.A. 97-892, eff. 8-3-12.) | ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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