Full Text of SB2505 102nd General Assembly
SB2505 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2505 Introduced 2/26/2021, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-5018 | from Ch. 34, par. 3-5018 | 55 ILCS 5/3-5018.1 | | 55 ILCS 5/4-12002 | from Ch. 34, par. 4-12002 | 55 ILCS 5/4-12002.1 | | 310 ILCS 105/10 | | 310 ILCS 105/15 | |
|
Amends the Counties Code. Changes the Rental Housing Support Program State surcharge a county recorder must collect on each real-estate related document from $9 to $18. Increases the fee a county may charge for recording documents. Makes conforming changes. Amends the Rental Housing Support Program Act. Provides that annual receipts distributed under the Rental Housing Support Program shall be distributed with priority to local administering agencies from the county in which the annual receipts were collected. Provides that the Illinois Housing Development Authority shall wait at least 6 months after annual receipts are deposited into the Rental Housing Support Program Fund before distributing the annual receipts. Provides that the Authority shall work with each county to ensure that at least one local administering agency is located within each county.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | SB2505 | | LRB102 16955 AWJ 22372 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 3-5018, 3-5018.1, 4-12002, and 4-12002.1 as follows: | 6 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 7 | | Sec. 3-5018. Traditional fee schedule. Except as
provided | 8 | | for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder | 9 | | elected as provided for in this
Division shall receive such | 10 | | fees as are or may be provided for him or her by law,
in case | 11 | | of provision therefor: otherwise he or she shall receive the | 12 | | same fees as
are or may be provided in this Section, except | 13 | | when increased by county
ordinance or resolution pursuant to | 14 | | the provisions of this Section, to be paid to the
county clerk | 15 | | for his or her services in the office of recorder for like | 16 | | services. | 17 | | For recording deeds or other instruments, $12 for the | 18 | | first 4 pages
thereof, plus $1 for each additional page | 19 | | thereof, plus $1 for each
additional document number therein | 20 | | noted. The aggregate minimum fee
for recording any one | 21 | | instrument shall not be less than $12. | 22 | | For recording deeds or other instruments wherein the | 23 | | premises
affected thereby are referred to by document number |
| | | SB2505 | - 2 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | and not by legal
description, a fee of $1 in addition to that | 2 | | hereinabove referred to for
each document number therein | 3 | | noted. | 4 | | For recording assignments of mortgages, leases or liens, | 5 | | $12 for the
first 4 pages thereof, plus $1 for each additional | 6 | | page thereof. However,
except for leases and liens pertaining | 7 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 8 | | lien assignment assigns more than one
mortgage, lease or lien | 9 | | document, a $7 fee shall be charged for the recording
of each | 10 | | such mortgage, lease or lien document after the first one. | 11 | | For recording any document that affects an interest in | 12 | | real property other than documents which solely affect or | 13 | | relate to an easement for water, sewer, electricity, gas, | 14 | | telephone or other public service, the recorder shall charge a | 15 | | fee of $1 per document to all filers of documents not filed by | 16 | | any State agency, any unit of local government, or any school | 17 | | district. Fifty cents of the $1 fee hereby established shall | 18 | | be deposited into the County General Revenue Fund. The | 19 | | remaining $0.50 shall be deposited into the Recorder's | 20 | | Automation Fund and may not be appropriated or expended for | 21 | | any other purpose. The additional amounts available to the | 22 | | recorder for expenditure from the Recorder's Automation Fund | 23 | | shall not offset or reduce any other county appropriations or | 24 | | funding for the office of the recorder. | 25 | | For recording maps or plats of additions or subdivisions | 26 | | approved by the
county or municipality (including the |
| | | SB2505 | - 3 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | spreading of the same of record in
map case or other proper | 2 | | books) or plats of condominiums, $50 for the first
page, plus | 3 | | $1 for each additional page thereof except that in the case of
| 4 | | recording a single page, legal size 8 1/2 x 14, plat of survey | 5 | | in which
there are no more than two lots or parcels of land, | 6 | | the fee shall be $12.
In each county where such maps or plats | 7 | | are to be recorded, the recorder
may require the same to be | 8 | | accompanied by such number of exact, true and
legible copies | 9 | | thereof as the recorder deems necessary for the efficient
| 10 | | conduct and operation of his or her office. | 11 | | For non-certified copies of records, an amount not to | 12 | | exceed one-half of the amount provided in this Section for | 13 | | certified copies, according to a standard scale of fees, | 14 | | established by county ordinance or resolution and made public. | 15 | | The provisions of this paragraph shall not be applicable to | 16 | | any person or entity who obtains non-certified copies of | 17 | | records in the following manner: (i) in bulk for all documents | 18 | | recorded on any given day in an electronic or paper format for | 19 | | a negotiated amount less than the amount provided for in this | 20 | | paragraph for non-certified copies, (ii) under a contractual | 21 | | relationship with the recorder for a negotiated amount less | 22 | | than the amount provided for in this paragraph for | 23 | | non-certified copies, or (iii) by means of Internet access | 24 | | pursuant to Section 5-1106.1. | 25 | | For certified copies of records, the same fees as for | 26 | | recording, but
in no case shall the fee for a certified copy of |
| | | SB2505 | - 4 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | a map or plat of an
addition, subdivision or otherwise exceed | 2 | | $10. | 3 | | Each certificate of such recorder of the recording of the | 4 | | deed or
other writing and of the date of recording the same | 5 | | signed by such
recorder, shall be sufficient evidence of the | 6 | | recording thereof, and
such certificate including the indexing | 7 | | of record, shall be furnished
upon the payment of the fee for | 8 | | recording the instrument, and no
additional fee shall be | 9 | | allowed for the certificate or indexing. | 10 | | The recorder shall charge an additional fee, in an amount | 11 | | equal to the
fee otherwise provided by law, for recording a | 12 | | document (other than a
document filed under the Plat Act or the | 13 | | Uniform Commercial Code) that does
not conform to the | 14 | | following standards: | 15 | | (1) The document shall consist of one or more | 16 | | individual sheets measuring
8.5 inches by 11 inches, not | 17 | | permanently bound and not a continuous form.
Graphic | 18 | | displays accompanying a document to be recorded that | 19 | | measure up to 11
inches by 17 inches shall be recorded | 20 | | without charging an additional fee. | 21 | | (2) The document shall be legibly printed in black | 22 | | ink, by hand, type,
or computer. Signatures and dates may | 23 | | be in contrasting colors if they will
reproduce clearly. | 24 | | (3) The document shall be on white paper of not less | 25 | | than 20-pound
weight and shall have a clean margin of at | 26 | | least one-half inch on the top, the
bottom, and each side. |
| | | SB2505 | - 5 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | Margins may be used for non-essential notations that
will | 2 | | not affect the validity of the document, including but not | 3 | | limited to
form numbers, page numbers, and customer | 4 | | notations. | 5 | | (4) The first page of the document shall contain a | 6 | | blank space, measuring
at least 3 inches by 5 inches, from | 7 | | the upper right corner. | 8 | | (5) The document shall not have any attachment stapled | 9 | | or otherwise
affixed to any page. | 10 | | A document that does not conform to these standards shall
not | 11 | | be recorded except upon payment of the additional fee required | 12 | | under
this paragraph. This paragraph, as amended by this | 13 | | amendatory Act of 1995,
applies only to documents dated after | 14 | | the effective date of this amendatory
Act of 1995. | 15 | | The county board of any county may provide for an | 16 | | additional charge of $3
for filing every instrument, paper, or | 17 | | notice for record, (1)
in order to
defray the cost of | 18 | | converting the county recorder's document storage system
to | 19 | | computers or micrographics
and (2) in order to defray the cost | 20 | | of providing access to records through
the global
information | 21 | | system known as the Internet. | 22 | | A special fund shall be set up by the treasurer of the | 23 | | county and such
funds collected pursuant to Public Act 83-1321 | 24 | | shall be used (1)
for
a document storage system to provide the | 25 | | equipment, materials and necessary
expenses incurred to help | 26 | | defray the costs of implementing and maintaining
such a |
| | | SB2505 | - 6 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | document records system
and (2) for a system to provide | 2 | | electronic access to
those records. | 3 | | The county board of any county that provides and maintains | 4 | | a countywide map
through a Geographic Information System (GIS) | 5 | | may provide for an additional
charge of $3 for filing every | 6 | | instrument, paper, or notice for record (1)
in order
to defray | 7 | | the cost of implementing or maintaining the county's | 8 | | Geographic
Information System
and (2) in order to defray the | 9 | | cost of providing electronic or automated access to the
| 10 | | county's
Geographic
Information System or property records.
Of | 11 | | that amount, $2 must be deposited into a special fund
set up by | 12 | | the treasurer of the county, and any moneys collected pursuant | 13 | | to
this amendatory Act of the 91st General Assembly and | 14 | | deposited into that fund
must be used solely for the | 15 | | equipment, materials, and necessary expenses
incurred in | 16 | | implementing and maintaining a Geographic Information System | 17 | | and
in order to defray the cost of providing electronic access | 18 | | to the county's
Geographic Information System records.
The | 19 | | remaining $1 must be deposited into the recorder's special | 20 | | funds created
under Section 3-5005.4. The recorder may, in his | 21 | | or her discretion, use moneys
in the funds created under | 22 | | Section 3-5005.4 to defray the cost of implementing
or | 23 | | maintaining the county's Geographic Information System
and to | 24 | | defray the cost of providing electronic access to the county's
| 25 | | Geographic
Information System records. | 26 | | The recorder shall collect a $18 $9 Rental Housing Support |
| | | SB2505 | - 7 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | Program State
surcharge for the recordation of any real | 2 | | estate-related document. Payment of the
Rental Housing Support | 3 | | Program State surcharge shall be evidenced by a receipt
that | 4 | | shall be marked upon or otherwise affixed to the real | 5 | | estate-related document
by the recorder. The form of this | 6 | | receipt shall be prescribed by the Department
of Revenue and | 7 | | the receipts shall be issued by the Department of Revenue to
| 8 | | each county recorder. | 9 | | The recorder shall not collect the Rental Housing Support | 10 | | Program State surcharge from any State agency, any unit of | 11 | | local government or any school district. | 12 | | On the 15th day of each month, each county recorder shall | 13 | | report
to the Department of Revenue, on a form prescribed by | 14 | | the Department,
the number of real estate-related documents | 15 | | recorded for which
the Rental Housing Support Program
State | 16 | | surcharge was collected. Each recorder shall submit $18 $9 of | 17 | | each surcharge collected in the
preceding month to the | 18 | | Department of Revenue and the Department
shall deposit these | 19 | | amounts in the Rental Housing Support Program Fund. Subject to | 20 | | appropriation, amounts in the Fund may be expended only for | 21 | | the purpose of funding and administering the Rental Housing | 22 | | Support Program. | 23 | | For purposes of this Section, "real estate-related | 24 | | document" means that term as it is defined in Section 7 of the | 25 | | Rental Housing Support Program Act.
| 26 | | The foregoing fees allowed by this Section are the maximum |
| | | SB2505 | - 8 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | fees that
may be collected from any officer, agency, | 2 | | department or other
instrumentality of the State. The county | 3 | | board may, however, by ordinance or resolution,
increase the | 4 | | fees allowed by this Section and collect such increased fees
| 5 | | from all persons and entities other than officers, agencies, | 6 | | departments
and other instrumentalities of the State if the | 7 | | increase is justified by an
acceptable cost study showing that | 8 | | the fees allowed by this Section are not
sufficient to cover | 9 | | the cost of providing the service.
Regardless of any other | 10 | | provision in this Section, the maximum fee that may
be | 11 | | collected from the Department of Revenue for filing or | 12 | | indexing a
lien, certificate of lien release or subordination, | 13 | | or any other type of notice
or other documentation affecting | 14 | | or concerning a lien is $5. Regardless of
any other provision | 15 | | in this Section, the maximum fee that may be collected from
the | 16 | | Department of Revenue for indexing each additional name in | 17 | | excess
of one for any lien, certificate of lien release or | 18 | | subordination, or any other
type of notice or other | 19 | | documentation affecting or concerning a lien is $1. | 20 | | A statement of the costs of providing each service, | 21 | | program and activity
shall be prepared by the county board. | 22 | | All supporting documents shall be
public record and subject to | 23 | | public examination and audit. All direct and
indirect costs, | 24 | | as defined in the United States Office of Management and
| 25 | | Budget Circular A-87, may be included in the determination of | 26 | | the costs of
each service, program and activity. |
| | | SB2505 | - 9 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | (Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19 .) | 2 | | (55 ILCS 5/3-5018.1) | 3 | | Sec. 3-5018.1. Predictable fee schedule. | 4 | | (a) As used in this Section: | 5 | | "Nonstandard document" means: | 6 | | (1) a document that creates a division of a then | 7 | | active existing tax parcel identification number; | 8 | | (2) a document recorded pursuant to the Uniform | 9 | | Commercial Code; | 10 | | (3) a document which is non-conforming, as described | 11 | | in paragraphs (1) through (5) of Section 3-5018; | 12 | | (4) a State lien or a federal lien; | 13 | | (5) a document making specific reference to more than | 14 | | 5 tax parcel identification numbers in the county in which | 15 | | it is presented for recording; or | 16 | | (6) a document making specific reference to more than | 17 | | 5 other document numbers recorded in the county in which | 18 | | it is presented for recording. | 19 | | "Standard document" means any document other than a | 20 | | nonstandard document. | 21 | | (b) On or before January 1, 2019, a county shall adopt and | 22 | | implement, by ordinance or resolution, a predictable fee | 23 | | schedule that eliminates surcharges or fees based on the | 24 | | individual attributes of a standard document to be recorded. | 25 | | The initial predictable fee schedule approved by a county |
| | | SB2505 | - 10 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | board shall be set only as allowed under subsections (c) and | 2 | | (d) and any subsequent predictable fee schedule approved by a | 3 | | county board shall be set only as allowed under subsection | 4 | | (e). Except as to the recording of standard documents, the | 5 | | fees imposed by Section 3-5018 shall remain in effect. Under a | 6 | | predictable fee schedule, no charge shall be based on: page | 7 | | count; number, length, or type of legal descriptions; number | 8 | | of tax identification or other parcel identifying code | 9 | | numbers; number of common addresses; number of references | 10 | | contained as to other recorded documents or document numbers; | 11 | | or any other individual attribute of the document except as | 12 | | expressly provided in this Section. The fee charged under this | 13 | | Section shall be inclusive of all county and State fees that | 14 | | the county may elect or is required to impose or adjust, | 15 | | including, but not limited to, GIS fees, automation fees, | 16 | | document storage fees, and the Rental Housing Support Program | 17 | | State surcharge. | 18 | | A predictable fee schedule ordinance or resolution adopted | 19 | | under this Section shall list standard document fees, | 20 | | including document class flat fees as required by subsection | 21 | | (c), and non-standard document fees. | 22 | | Before approval of an ordinance or resolution under this | 23 | | Section, the recorder or county clerk shall post a notice in | 24 | | their office at least 2 weeks prior, but not more than 4 weeks | 25 | | prior, to the public meeting at which the ordinance or | 26 | | resolution may be adopted. The notice shall contain the |
| | | SB2505 | - 11 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | proposed ordinance or resolution number, if any, the proposed | 2 | | document class flat fees for each classification, and a | 3 | | reference to this Section or this amendatory Act of the 100th | 4 | | General Assembly. | 5 | | A predictable fee schedule takes effect 60 days after an | 6 | | ordinance or resolution is adopted. | 7 | | (c) Pursuant to an ordinance or resolution adopted under | 8 | | subsection (b), the recorder elected as provided for in this | 9 | | Division shall receive such fees as are or may be provided for | 10 | | him or her by law, in case of provision thereof: otherwise he | 11 | | or she shall receive the same fees as are or may be provided in | 12 | | this Section except when increased by county ordinance or | 13 | | resolution pursuant to the provisions of this Section, to be | 14 | | paid to the county clerk for his or her services in the office | 15 | | of recorder for like services. For the purposes of the fee | 16 | | charged, the ordinance or resolution shall divide standard | 17 | | documents into the following classifications and shall | 18 | | establish a single, all inclusive, county and State-imposed | 19 | | aggregate fee charged for each such classification of document | 20 | | at the time of recording for that document, which is called the | 21 | | document class flat fee. A standard document is not subject to | 22 | | more than one classification at the time of recording for the | 23 | | purposes of imposing any fee. Each standard document shall | 24 | | fall within one of the following document class flat fee | 25 | | classifications and fees for each document class shall be | 26 | | charged only as allowed by this subsection (c) and subsection |
| | | SB2505 | - 12 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | (d): | 2 | | (1) Deeds. The aggregate fee for recording deeds shall | 3 | | not be less than $31 $21 (being a minimum $13 $12 county | 4 | | fee plus $18 $9 for the Rental Housing Support Program | 5 | | State surcharge). Inclusion of language in the deed as to | 6 | | any restriction; covenant; lien; oil, gas, or other | 7 | | mineral interest; easement; lease; or a mortgage shall not | 8 | | alter the classification of a document as a deed. | 9 | | (2) Leases, lease amendments, and similar transfer of | 10 | | interest documents. The aggregate fee for recording | 11 | | leases, lease amendments, and similar transfers of | 12 | | interest documents shall not be less than $31 $21 (being a | 13 | | minimum $13 $12 county fee plus $18 $9 for the Rental | 14 | | Housing Support Program State surcharge). | 15 | | (3) Mortgages. The aggregate fee for recording | 16 | | mortgages, including assignments, extensions, amendments, | 17 | | subordinations, and mortgage releases shall not be less | 18 | | than $31 $21 (being a minimum $13 $12 county fee plus $18 | 19 | | $9 for the Rental Housing Support Program State | 20 | | surcharge). | 21 | | (4) Easements not otherwise part of another | 22 | | classification. The aggregate fee for recording easements | 23 | | not otherwise part of another classification, including | 24 | | assignments, extensions, amendments, and easement releases | 25 | | not filed by a State agency, unit of local government, or | 26 | | school district shall not be less than $31 $21 (being a |
| | | SB2505 | - 13 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | minimum $13 $12 county fee plus $18 $9 for the Rental | 2 | | Housing Support Program State surcharge). | 3 | | (5) Miscellaneous. The aggregate fee for recording | 4 | | documents not otherwise falling within classifications set | 5 | | forth in paragraphs (1) through (4) and are not | 6 | | nonstandard documents shall not be less than $31 $21 | 7 | | (being a minimum $13 $12 county fee plus $18 $9 for the | 8 | | Rental Housing Support Program State surcharge).
Nothing | 9 | | in this subsection shall preclude an alternate predictable | 10 | | fee schedule for electronic recording within each of the | 11 | | classifications set forth in this subsection (c). If the | 12 | | Rental Housing Support Program State surcharge is amended | 13 | | and the surcharge is increased or lowered, the aggregate | 14 | | amount of the document flat fee attributable to the | 15 | | surcharge in the document may be changed accordingly. | 16 | | (d) If an ordinance or resolution establishing a | 17 | | predictable fee schedule is adopted pursuant to subsection (b) | 18 | | and any document class flat fee exceeds $21,
the county board | 19 | | shall: | 20 | | (1) obtain from the clerk or recorder an analysis of | 21 | | the average fees collected for the recording of each of | 22 | | the classifications under subsection (c) based on the 3 | 23 | | previous years of recording data, and, if a cost study has | 24 | | not been performed, set respective document class flat | 25 | | fees for each of the 5 document classifications at the | 26 | | average for that class rounded upward to the next whole |
| | | SB2505 | - 14 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | dollar amount; or | 2 | | (2) if a cost study has been completed within the last | 3 | | 3 years that shows $21 is not sufficient to cover the costs | 4 | | of providing the services related to each document class, | 5 | | obtain from the clerk or recorder an analysis of the | 6 | | average fees collected for the recording of each of the | 7 | | document classifications under subsection (c) from the | 8 | | date of the cost study and set respective document class | 9 | | flat fees for each of the 5 document classifications at | 10 | | the average for that document class rounded upward to the | 11 | | next whole dollar amount. | 12 | | (e) After a document class flat fee is approved by a county | 13 | | board under subsection (b), the county board may, by ordinance | 14 | | or resolution, increase the document class flat fee and | 15 | | collect the increased fees only if the increase is justified | 16 | | by a cost study that shows that the fees allowed by subsections | 17 | | (c) and (d) are not sufficient to cover the cost of providing | 18 | | the service related to the document class for which the fee is | 19 | | to be increased. A statement of the costs of providing each | 20 | | service, program, and activity shall be prepared by the county | 21 | | board. All supporting documents shall be public record and | 22 | | subject to public examination and audit. All direct and | 23 | | indirect costs, as defined in the United States Office of | 24 | | Management and Budget Circular A-87, may be included in the | 25 | | determination of the costs of each service, program, and | 26 | | activity. |
| | | SB2505 | - 15 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | Nothing in this Section precludes a county board from | 2 | | adjusting amounts or allocations within a given document class | 3 | | flat fee as long as the document class flat fee is not | 4 | | increased.
| 5 | | (Source: P.A. 100-271, eff. 8-22-17.)
| 6 | | (55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
| 7 | | Sec. 4-12002. Fees of recorder in third class counties. | 8 | | Except as provided for in Section 4-12002.1, the fees of
the | 9 | | recorder in counties of the third class for recording deeds or | 10 | | other
instruments in writing and maps of plats of additions, | 11 | | subdivisions or
otherwise, and for certifying copies of | 12 | | records, shall be paid in advance
and shall be as follows:
| 13 | | For recording deeds or other instruments $20 for the first | 14 | | 2 pages
thereof, plus $2 for each additional page thereof. The | 15 | | aggregate minimum fee
for recording
any one instrument shall | 16 | | not be less than $20.
| 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 the recorder shall charge a fee of | 20 | | $4 in addition
to that hereinabove referred to for each | 21 | | document number therein noted.
| 22 | | For recording deeds or other instruments wherein more than | 23 | | one tract,
parcel or lot is described and such additional | 24 | | tract, or tracts, parcel
or parcels, lot or lots is or are | 25 | | described therein as falling in a
separate or different |
| | | SB2505 | - 16 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | addition or subdivision the recorder
shall charge as an | 2 | | additional fee, to that herein provided, the sum of
$2 for each | 3 | | additional addition or subdivision referred to in such deed
or | 4 | | instrument.
| 5 | | For recording any document that affects an interest in | 6 | | real property other than documents which solely affect or | 7 | | relate to an easement for water, sewer, electricity, gas, | 8 | | telephone or other public service, the recorder shall charge a | 9 | | fee of $1 per document to all filers of documents not filed by | 10 | | any State agency, any unit of local government, or any school | 11 | | district. Fifty cents of the $1 fee hereby established shall | 12 | | be deposited into the County General Revenue Fund. The | 13 | | remaining $0.50 shall be deposited into the County Recorder | 14 | | Document Storage System Fund and may not be appropriated or | 15 | | expended for any other purpose. The additional amounts | 16 | | available to the recorder for expenditure from the County | 17 | | Recorder Document Storage System Fund shall not offset or | 18 | | reduce any other county appropriations or funding for the | 19 | | office of the recorder. | 20 | | For recording maps or plats of additions, subdivisions or | 21 | | otherwise
(including the spreading of the same of record in | 22 | | well bound books) $100
plus $2 for each tract, parcel or lot | 23 | | contained therein.
| 24 | | For certified copies of records the same fees as for | 25 | | recording, but
in no case shall the fee for a certified copy of | 26 | | a map or plat of an
addition, subdivision or otherwise exceed |
| | | SB2505 | - 17 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | $200.
| 2 | | For non-certified copies of records, an amount not to | 3 | | exceed one half of
the amount provided herein for certified | 4 | | copies, according to a standard scale
of fees, established by | 5 | | county ordinance and made public.
| 6 | | For filing of each release of any chattel mortgage or | 7 | | trust deed
which has been filed but not recorded and for | 8 | | indexing the same in the
book to be kept for that purpose $10.
| 9 | | For processing the sworn or affirmed statement required | 10 | | for filing a deed
or assignment of a beneficial interest in a | 11 | | land trust in accordance with
Section 3-5020 of this Code, $2.
| 12 | | The recorder shall charge an additional fee, in an amount | 13 | | equal to the
fee otherwise provided by law, for recording a | 14 | | document (other than a
document filed under the Plat Act or the | 15 | | Uniform Commercial Code) that does
not conform to
the | 16 | | following standards:
| 17 | | (1) The document shall consist of one or more | 18 | | individual sheets
measuring 8.5 inches by 11 inches, not | 19 | | permanently bound and not a
continuous form. Graphic | 20 | | displays accompanying a document to be recorded
that | 21 | | measure up to 11 inches by 17 inches shall be recorded | 22 | | without charging
an additional fee.
| 23 | | (2) The document shall be legibly printed in black | 24 | | ink,
by hand, type, or
computer. Signatures and dates may
| 25 | | be
in contrasting colors if they will reproduce clearly.
| 26 | | (3) The document shall be on white paper of not less |
| | | SB2505 | - 18 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | than 20-pound
weight and shall have a clean margin of at | 2 | | least one-half inch on the top, the
bottom, and each side. | 3 | | Margins may be used only for non-essential notations
that | 4 | | will not affect the validity of the document, including | 5 | | but not limited to
form numbers, page numbers, and | 6 | | customer notations.
| 7 | | (4) The first page of the document shall contain a | 8 | | blank space, measuring
at least 3 inches by 5 inches, from | 9 | | the upper right corner.
| 10 | | (5) The document shall not have any attachment stapled | 11 | | or otherwise
affixed to any page.
| 12 | | A document that does not conform to these standards shall
not | 13 | | be recorded except upon payment of the additional fee required | 14 | | under
this paragraph. This paragraph, as amended by this | 15 | | amendatory Act of 1995,
applies only to documents dated after | 16 | | the effective date of this amendatory
Act of 1995.
| 17 | | The recorder shall collect a $18 $9 Rental Housing Support | 18 | | Program State surcharge for the recordation of any real | 19 | | estate-related document. Payment of the Rental Housing Support | 20 | | Program State surcharge shall be evidenced by a receipt that | 21 | | shall be marked upon or otherwise affixed to the real | 22 | | estate-related document by the recorder. The form of this | 23 | | receipt shall be prescribed by the Department of Revenue and | 24 | | the receipts shall be issued by the Department of Revenue to | 25 | | each county recorder.
| 26 | | The recorder shall not collect the Rental Housing Support |
| | | SB2505 | - 19 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | Program State surcharge from any State agency, any unit of | 2 | | local government or any school district.
| 3 | | On the 15th day of each month, each county recorder shall | 4 | | report
to the Department of Revenue, on a form prescribed by | 5 | | the Department,
the number of real estate-related documents | 6 | | recorded for which
the Rental Housing Support Program
State | 7 | | surcharge was collected. Each recorder shall submit $18 $9 of | 8 | | each surcharge collected in the
preceding month to the | 9 | | Department of Revenue and the Department
shall deposit these | 10 | | amounts in the Rental Housing Support Program Fund. Subject to | 11 | | appropriation, amounts in the Fund may be expended only for | 12 | | the purpose of funding and administering the Rental Housing | 13 | | Support Program. | 14 | | For purposes of this Section, "real estate-related | 15 | | document" means that term as it is defined in Section 7 of the | 16 | | Rental Housing Support Program Act.
| 17 | | The fee requirements of this Section apply to units of | 18 | | local
government and school districts.
| 19 | | Regardless of any other provision in this Section, the | 20 | | maximum fee that may
be collected from the Department of | 21 | | Revenue for filing or indexing a
lien, certificate of lien | 22 | | release or subordination, or any other type of notice
or other | 23 | | documentation affecting or concerning a lien is $5. Regardless | 24 | | of any
other provision in this Section, the maximum fee that | 25 | | may be collected from the
Department of Revenue for indexing | 26 | | each additional name in excess of
one for any lien, |
| | | SB2505 | - 20 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | certificate of lien release or subordination, or any other
| 2 | | type of notice or other documentation affecting or concerning | 3 | | a lien is $1.
| 4 | | (Source: P.A. 100-1034, eff. 1-1-19 .)
| 5 | | (55 ILCS 5/4-12002.1) | 6 | | Sec. 4-12002.1. Predictable fee schedule for recordings in | 7 | | third class counties. | 8 | | (a) As used in this Section: | 9 | | "Nonstandard document" means: | 10 | | (1) a document that creates a division of a then
| 11 | | active existing tax parcel identification number; | 12 | | (2) a document recorded pursuant to the Uniform
| 13 | | Commercial Code; | 14 | | (3) a document which is non-conforming, as described
| 15 | | in paragraphs (1) through (5) of Section 4-12002; | 16 | | (4) a State lien or a federal lien; | 17 | | (5) a document making specific reference to more than
| 18 | | 5 tax parcel identification numbers in the county in which | 19 | | it is presented for recording; or | 20 | | (6) a document making specific reference to more than
| 21 | | 5 other document numbers recorded in the county in which | 22 | | it is presented for recording. | 23 | | "Standard document" means any document other than a | 24 | | nonstandard document. | 25 | | (b) On or before January 1, 2020, a county shall adopt and |
| | | SB2505 | - 21 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | implement, by ordinance or resolution, a predictable fee | 2 | | schedule that eliminates surcharges or fees based on the | 3 | | individual attributes of a standard document to be recorded. | 4 | | The initial predictable fee schedule approved by a county | 5 | | board shall be set only as allowed under subsection (c) and any | 6 | | subsequent predictable fee schedule approved by a county board | 7 | | shall be set only as allowed under subsection (d). Except as to | 8 | | the recording of standard documents, the fees imposed by | 9 | | Section 4-12002 shall remain in effect. Under a predictable | 10 | | fee schedule, which only applies to standard documents, no | 11 | | charge shall be based on: page count; number, length, or type | 12 | | of legal descriptions; number of tax identification or other | 13 | | parcel identifying code numbers; number of common addresses; | 14 | | number of references contained as to other recorded documents | 15 | | or document numbers; or any other individual attribute of the | 16 | | document except as expressly provided in this Section. The fee | 17 | | charged under this Section shall be inclusive of all county | 18 | | and State fees that the county may elect or is required to | 19 | | impose or adjust, including, but not limited to, GIS fees, | 20 | | automation fees, document storage fees, and the Rental Housing | 21 | | Support Program State surcharge. | 22 | | A predictable fee schedule ordinance or resolution adopted | 23 | | under this Section shall list standard document fees, | 24 | | including document class flat fees as required by subsection | 25 | | (c), and nonstandard document fees. | 26 | | Before approval of an ordinance or resolution under this |
| | | SB2505 | - 22 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | Section, the recorder or county clerk shall post a notice in | 2 | | his or her office at least 2 weeks prior, but not more than 4 | 3 | | weeks prior, to the public meeting at which the ordinance or | 4 | | resolution may be adopted. The notice shall contain the | 5 | | proposed ordinance or resolution number, if any, the proposed | 6 | | document class flat fees for each classification, and a | 7 | | reference to this Section or this amendatory Act of the 100th | 8 | | General Assembly. | 9 | | A predictable fee schedule takes effect 60 days after an | 10 | | ordinance or resolution is adopted. | 11 | | (c) Pursuant to an ordinance or resolution adopted under | 12 | | subsection (b), the recorder elected as provided for in this | 13 | | Division shall receive such fees as are or may be provided for | 14 | | him or her by law, in case of provision thereof: otherwise he | 15 | | or she shall receive the same fees as are or may be provided in | 16 | | this Section except when increased by county ordinance or | 17 | | resolution pursuant to the provisions of this Section, to be | 18 | | paid to the county clerk for his or her services in the office | 19 | | of recorder for like services. For the purposes of the fee | 20 | | charged, the ordinance or resolution shall divide standard | 21 | | documents into the following classifications and shall | 22 | | establish a single, all-inclusive, county and State-imposed | 23 | | aggregate fee charged for each such classification of document | 24 | | at the time of recording for that document, which is called the | 25 | | document class flat fee. A standard document is not subject to | 26 | | more than one classification at the time of recording for the |
| | | SB2505 | - 23 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | purposes of imposing any fee. Each standard document shall | 2 | | fall within one of the following document class flat fee | 3 | | classifications and fees for each document class shall be | 4 | | charged only as allowed by this subsection (c) and subsection | 5 | | (d): | 6 | | (1) Deeds. The aggregate fee for recording deeds shall | 7 | | not be less than $39 $29 (being a minimum $21 $20 county | 8 | | fee plus $18 $9 for the Rental Housing Support Program | 9 | | State surcharge). Inclusion of language in the deed as to | 10 | | any restriction; covenant; lien; oil, gas, or other | 11 | | mineral interest; easement; lease; or a mortgage shall not | 12 | | alter the classification of a document as a deed. | 13 | | (2) Leases, lease amendments, and similar transfer of
| 14 | | interest documents. The aggregate fee for recording | 15 | | leases, lease amendments, and similar transfers of | 16 | | interest documents shall not be less than $39 $29 (being a | 17 | | minimum $21 $20 county fee plus $18 $9 for the Rental | 18 | | Housing Support Program State surcharge). | 19 | | (3) Mortgages. The aggregate fee for recording
| 20 | | mortgages, including assignments, extensions, amendments, | 21 | | subordinations, and mortgage releases shall not be less | 22 | | than $39 $29 (being a minimum $21 $20 county fee plus $18 | 23 | | $9 for the Rental Housing Support Program State | 24 | | surcharge). | 25 | | (4) Easements not otherwise part of another
| 26 | | classification. The aggregate fee for recording easements |
| | | SB2505 | - 24 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | not otherwise part of another classification, including | 2 | | assignments, extensions, amendments, and easement releases | 3 | | not filed by a State agency, unit of local government, or | 4 | | school district shall not be less than $39 $29 (being a | 5 | | minimum $21 $20 county fee plus $18 $9 for the Rental | 6 | | Housing Support Program State surcharge). | 7 | | (5) Miscellaneous. The aggregate fee for recording
| 8 | | documents not otherwise falling within classifications set | 9 | | forth in paragraphs (1) through (4) and are not | 10 | | nonstandard documents shall not be less than $39 $29 | 11 | | (being a minimum $21 $20 county fee plus $18 $9 for the | 12 | | Rental Housing Support Program State surcharge). Nothing | 13 | | in this subsection shall preclude an alternate predictable | 14 | | fee schedule for electronic recording within each of the | 15 | | classifications set forth in this subsection (c). If the | 16 | | Rental Housing Support Program State surcharge is amended | 17 | | and the surcharge is increased or lowered, the aggregate | 18 | | amount of the document flat fee attributable to the | 19 | | surcharge in the document may be changed accordingly. | 20 | | (d) After a document class flat fee is approved by a county | 21 | | board under subsection (b), the county board may, by ordinance | 22 | | or resolution, increase the document class flat fee and | 23 | | collect the increased fees if the established fees are not | 24 | | sufficient to cover the costs of providing the services | 25 | | related to the document class for which the fee is to be | 26 | | increased. |
| | | SB2505 | - 25 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | Nothing in this Section precludes a county board from | 2 | | adjusting amounts or allocations within a given document class | 3 | | flat fee when the document class flat fee is not increased.
| 4 | | (Source: P.A. 100-1034, eff. 1-1-19 .) | 5 | | Section 10. The Rental Housing Support
Program Act is | 6 | | amended by changing Sections 10 and 15 as follows: | 7 | | (310 ILCS 105/10)
| 8 | | Sec. 10. Creation of Program and distribution of funds.
| 9 | | (a) The Rental Housing Support Program is created within | 10 | | the Illinois Housing Development Authority. The Authority | 11 | | shall administer the Program and adopt rules for its | 12 | | implementation. | 13 | | (b) The Authority shall distribute amounts for the Program | 14 | | solely from annual receipts on deposit in the Rental Housing | 15 | | Support Program Fund that are appropriated in each year for | 16 | | distribution by the Authority for the Program, and not from | 17 | | any other source of funds for the Authority, as follows: | 18 | | (1) A proportionate share of annual receipts on | 19 | | deposit appropriated to the Fund each year, as determined | 20 | | under subsection (d) of Section 15 of this Act, shall be | 21 | | distributed to municipalities with a population greater | 22 | | than 2,000,000. Those municipalities shall use at least | 23 | | 10% of those funds in accordance with Section 20 of this | 24 | | Act, and all provisions governing the Authority's actions |
| | | SB2505 | - 26 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | under Section 20 shall govern the actions of the corporate | 2 | | authorities of a municipality under this Section. As to | 3 | | the balance of the annual distribution, the municipality | 4 | | shall designate a non-profit organization that meets the | 5 | | specific criteria set forth in Section 25 of this Act to | 6 | | serve as the "local administering agency" under Section 15 | 7 | | of this Act. | 8 | | (2) Of the remaining annual receipts on deposit | 9 | | appropriated to the Fund each year after the distribution | 10 | | in paragraph (1) of this subsection, the Authority shall | 11 | | designate at least 10% for the purposes of Section 20 of | 12 | | this Act in areas of the State not covered under paragraph | 13 | | (1) of this subsection. | 14 | | (3) The remaining annual receipts on deposit | 15 | | appropriated to the Fund each year after the distributions | 16 | | in paragraphs (1) and (2) of this subsection shall be | 17 | | distributed according to Section 15 of this Act in areas | 18 | | of the State not covered under paragraph (1) of this | 19 | | subsection. | 20 | | (4) Annual receipts distributed under paragraphs (1) | 21 | | and (2) of this subsection (b) and under Section 15 shall | 22 | | be distributed with priority to local administering | 23 | | agencies from the county in which the annual receipts were | 24 | | collected. | 25 | | (5) The Authority shall wait at least 6 months after | 26 | | annual receipts are deposited into the Fund before |
| | | SB2505 | - 27 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | distributing the annual receipts.
| 2 | | (Source: P.A. 99-97, eff. 7-22-15.) | 3 | | (310 ILCS 105/15)
| 4 | | Sec. 15. Grants to local administering agencies. | 5 | | (a) Under the program, the Authority shall make grants to | 6 | | local
administering agencies to provide subsidies to landlords | 7 | | to enable the
landlords to charge rent affordable for | 8 | | low-income tenants. Grants shall also
include an amount for | 9 | | the operating expenses of local administering agencies.
On an | 10 | | annual basis, operating expenses for local administering | 11 | | agencies shall not exceed 10% for grants under $500,000 and | 12 | | shall not exceed 7% for grants over $500,000. If a grant to a | 13 | | local administering agency covers more than one year, the | 14 | | Authority shall calculate operating expenses on an annual pro | 15 | | rata share of the grant. If the annual pro rata share is | 16 | | $500,000 or less, then the fee shall be 10%; if the annual pro | 17 | | rata share is greater than $500,000, then the fee shall be 7%.
| 18 | | (b) The Authority shall develop a request-for-proposals | 19 | | process for
soliciting proposals from local administering | 20 | | agencies and for
awarding grants. The request-for-proposals | 21 | | process and the funded projects must
be consistent with the | 22 | | criteria set forth in Section 25 and with
additional criteria | 23 | | set forth by the Authority in rules implementing this Act.
| 24 | | (c) Local administering agencies may be local governmental | 25 | | bodies, local
housing authorities, or not-for-profit |
| | | SB2505 | - 28 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | organizations. The Authority shall
set forth in rules the | 2 | | financial and capacity requirements necessary for an
| 3 | | organization to qualify as a local administering agency and | 4 | | the parameters for administration of the grants by local | 5 | | administering agencies.
The Authority shall work with each | 6 | | county to ensure that at least one local administering agency | 7 | | is located within each county.
| 8 | | (d) The Authority shall distribute grants to local | 9 | | administering agencies
according to a formula based on U.S. | 10 | | Census data. The formula shall determine
percentages of the | 11 | | funds to be distributed to the following geographic areas:
(i)
| 12 | | Chicago; (ii) suburban areas: Cook County (excluding Chicago), | 13 | | DuPage County,
Lake County, Kane County, Will County, and | 14 | | McHenry County; (iii) small
metropolitan areas: Springfield, | 15 | | Rockford, Peoria, Decatur, Champaign-Urbana,
| 16 | | Bloomington-Normal, Rock Island, DeKalb, Madison County, | 17 | | Moline, Pekin,
Rantoul, and St. Clair County; and (iv) rural | 18 | | areas, defined as all areas of the State not specifically | 19 | | named in items (i), (ii), and (iii) of this subsection. A | 20 | | geographic area's
percentage share shall be determined by the | 21 | | total number of households that
have an annual income of less | 22 | | than 50% of State median income for a household
of 4, as | 23 | | determined by the U.S. Department of Housing and Urban | 24 | | Development, and that are paying more than 30% of their income | 25 | | for rent. The geographic distribution shall be re-determined
| 26 | | by the Authority each time new U.S. Census data becomes |
| | | SB2505 | - 29 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | available. The
Authority shall phase in any changes to the | 2 | | geographic formula to prevent a
large
withdrawal of resources | 3 | | from one area that could negatively impact households
| 4 | | receiving rental housing support.
Up to 20% of the funds | 5 | | allocated for rural areas, as defined in this subsection, may | 6 | | be set aside and awarded to one administering agency to be | 7 | | distributed throughout the rural areas in the State to | 8 | | localities that desire a number of subsidized units of housing | 9 | | that is too small to justify the establishment of a full local | 10 | | program. In those localities, the administering agency may | 11 | | contract with local agencies to share the administrative tasks | 12 | | of the program, such as inspections of units.
| 13 | | (e) In order to ensure applications from all geographic | 14 | | areas of the
State, the
Authority shall create a plan to ensure | 15 | | that potential local
administering agencies have
ample time | 16 | | and support to consider making an application and to prepare | 17 | | an
application.
Such a plan must include, but is not limited | 18 | | to: an outreach and education plan
regarding
the program and | 19 | | the requirements for a local administering agency; ample time
| 20 | | between the
initial
notice of funding ability and the deadline | 21 | | to submit an application, which
shall not be less than 9
| 22 | | months;
and access to assistance from the Authority or another | 23 | | agency in considering
and preparing the application.
| 24 | | (f) In order to maintain consistency for households | 25 | | receiving rental housing
support, the Authority shall, to the | 26 | | extent possible given funding resources available in the |
| | | SB2505 | - 30 - | LRB102 16955 AWJ 22372 b |
|
| 1 | | Rental Housing Support Program,
continue to fund local | 2 | | administering agencies at the same level on an annual
basis, | 3 | | unless the Authority determines that a local administering | 4 | | agency is not
meeting the criteria set forth in Section 25 or | 5 | | is not adhering to other standards set forth by rule by the | 6 | | Authority.
| 7 | | (Source: P.A. 97-952, eff. 1-1-13.)
|
|