Illinois General Assembly - Full Text of SB2505
Illinois General Assembly

Previous General Assemblies

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.


LRB102 16955 AWJ 22372 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2505LRB102 16955 AWJ 22372 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 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
8for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder
9elected as provided for in this Division shall receive such
10fees as are or may be provided for him or her by law, in case
11of provision therefor: otherwise he or she shall receive the
12same fees as are or may be provided in this Section, except
13when increased by county ordinance or resolution pursuant to
14the provisions of this Section, to be paid to the county clerk
15for his or her services in the office of recorder for like
16services.
17    For recording deeds or other instruments, $12 for the
18first 4 pages thereof, plus $1 for each additional page
19thereof, plus $1 for each additional document number therein
20noted. The aggregate minimum fee for recording any one
21instrument shall not be less than $12.
22    For recording deeds or other instruments wherein the
23premises affected thereby are referred to by document number

 

 

SB2505- 2 -LRB102 16955 AWJ 22372 b

1and not by legal description, a fee of $1 in addition to that
2hereinabove referred to for each document number therein
3noted.
4    For recording assignments of mortgages, leases or liens,
5$12 for the first 4 pages thereof, plus $1 for each additional
6page thereof. However, except for leases and liens pertaining
7to oil, gas and other minerals, whenever a mortgage, lease or
8lien assignment assigns more than one mortgage, lease or lien
9document, a $7 fee shall be charged for the recording of each
10such mortgage, lease or lien document after the first one.
11    For recording any document that affects an interest in
12real property other than documents which solely affect or
13relate to an easement for water, sewer, electricity, gas,
14telephone or other public service, the recorder shall charge a
15fee of $1 per document to all filers of documents not filed by
16any State agency, any unit of local government, or any school
17district. Fifty cents of the $1 fee hereby established shall
18be deposited into the County General Revenue Fund. The
19remaining $0.50 shall be deposited into the Recorder's
20Automation Fund and may not be appropriated or expended for
21any other purpose. The additional amounts available to the
22recorder for expenditure from the Recorder's Automation Fund
23shall not offset or reduce any other county appropriations or
24funding for the office of the recorder.
25    For recording maps or plats of additions or subdivisions
26approved by the county or municipality (including the

 

 

SB2505- 3 -LRB102 16955 AWJ 22372 b

1spreading of the same of record in map case or other proper
2books) or plats of condominiums, $50 for the first page, plus
3$1 for each additional page thereof except that in the case of
4recording a single page, legal size 8 1/2 x 14, plat of survey
5in which there are no more than two lots or parcels of land,
6the fee shall be $12. In each county where such maps or plats
7are to be recorded, the recorder may require the same to be
8accompanied by such number of exact, true and legible copies
9thereof as the recorder deems necessary for the efficient
10conduct and operation of his or her office.
11    For non-certified copies of records, an amount not to
12exceed one-half of the amount provided in this Section for
13certified copies, according to a standard scale of fees,
14established by county ordinance or resolution and made public.
15The provisions of this paragraph shall not be applicable to
16any person or entity who obtains non-certified copies of
17records in the following manner: (i) in bulk for all documents
18recorded on any given day in an electronic or paper format for
19a negotiated amount less than the amount provided for in this
20paragraph for non-certified copies, (ii) under a contractual
21relationship with the recorder for a negotiated amount less
22than the amount provided for in this paragraph for
23non-certified copies, or (iii) by means of Internet access
24pursuant to Section 5-1106.1.
25    For certified copies of records, the same fees as for
26recording, but in no case shall the fee for a certified copy of

 

 

SB2505- 4 -LRB102 16955 AWJ 22372 b

1a map or plat of an addition, subdivision or otherwise exceed
2$10.
3    Each certificate of such recorder of the recording of the
4deed or other writing and of the date of recording the same
5signed by such recorder, shall be sufficient evidence of the
6recording thereof, and such certificate including the indexing
7of record, shall be furnished upon the payment of the fee for
8recording the instrument, and no additional fee shall be
9allowed for the certificate or indexing.
10    The recorder shall charge an additional fee, in an amount
11equal to the fee otherwise provided by law, for recording a
12document (other than a document filed under the Plat Act or the
13Uniform Commercial Code) that does not conform to the
14following 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.
10A document that does not conform to these standards shall not
11be recorded except upon payment of the additional fee required
12under this paragraph. This paragraph, as amended by this
13amendatory Act of 1995, applies only to documents dated after
14the effective date of this amendatory Act of 1995.
15    The county board of any county may provide for an
16additional charge of $3 for filing every instrument, paper, or
17notice for record, (1) in order to defray the cost of
18converting the county recorder's document storage system to
19computers or micrographics and (2) in order to defray the cost
20of providing access to records through the global information
21system known as the Internet.
22    A special fund shall be set up by the treasurer of the
23county and such funds collected pursuant to Public Act 83-1321
24shall be used (1) for a document storage system to provide the
25equipment, materials and necessary expenses incurred to help
26defray the costs of implementing and maintaining such a

 

 

SB2505- 6 -LRB102 16955 AWJ 22372 b

1document records system and (2) for a system to provide
2electronic access to those records.
3    The county board of any county that provides and maintains
4a countywide map through a Geographic Information System (GIS)
5may provide for an additional charge of $3 for filing every
6instrument, paper, or notice for record (1) in order to defray
7the cost of implementing or maintaining the county's
8Geographic Information System and (2) in order to defray the
9cost of providing electronic or automated access to the
10county's Geographic Information System or property records. Of
11that amount, $2 must be deposited into a special fund set up by
12the treasurer of the county, and any moneys collected pursuant
13to this amendatory Act of the 91st General Assembly and
14deposited into that fund must be used solely for the
15equipment, materials, and necessary expenses incurred in
16implementing and maintaining a Geographic Information System
17and in order to defray the cost of providing electronic access
18to the county's Geographic Information System records. The
19remaining $1 must be deposited into the recorder's special
20funds created under Section 3-5005.4. The recorder may, in his
21or her discretion, use moneys in the funds created under
22Section 3-5005.4 to defray the cost of implementing or
23maintaining the county's Geographic Information System and to
24defray the cost of providing electronic access to the county's
25Geographic Information System records.
26    The recorder shall collect a $18 $9 Rental Housing Support

 

 

SB2505- 7 -LRB102 16955 AWJ 22372 b

1Program State surcharge for the recordation of any real
2estate-related document. Payment of the Rental Housing Support
3Program State surcharge shall be evidenced by a receipt that
4shall be marked upon or otherwise affixed to the real
5estate-related document by the recorder. The form of this
6receipt shall be prescribed by the Department of Revenue and
7the receipts shall be issued by the Department of Revenue to
8each county recorder.
9    The recorder shall not collect the Rental Housing Support
10Program State surcharge from any State agency, any unit of
11local government or any school district.
12    On the 15th day of each month, each county recorder shall
13report to the Department of Revenue, on a form prescribed by
14the Department, the number of real estate-related documents
15recorded for which the Rental Housing Support Program State
16surcharge was collected. Each recorder shall submit $18 $9 of
17each surcharge collected in the preceding month to the
18Department of Revenue and the Department shall deposit these
19amounts in the Rental Housing Support Program Fund. Subject to
20appropriation, amounts in the Fund may be expended only for
21the purpose of funding and administering the Rental Housing
22Support Program.
23    For purposes of this Section, "real estate-related
24document" means that term as it is defined in Section 7 of the
25Rental Housing Support Program Act.
26    The foregoing fees allowed by this Section are the maximum

 

 

SB2505- 8 -LRB102 16955 AWJ 22372 b

1fees that may be collected from any officer, agency,
2department or other instrumentality of the State. The county
3board may, however, by ordinance or resolution, increase the
4fees allowed by this Section and collect such increased fees
5from all persons and entities other than officers, agencies,
6departments and other instrumentalities of the State if the
7increase is justified by an acceptable cost study showing that
8the fees allowed by this Section are not sufficient to cover
9the cost of providing the service. Regardless of any other
10provision in this Section, the maximum fee that may be
11collected from the Department of Revenue for filing or
12indexing a lien, certificate of lien release or subordination,
13or any other type of notice or other documentation affecting
14or concerning a lien is $5. Regardless of any other provision
15in this Section, the maximum fee that may be collected from the
16Department of Revenue for indexing each additional name in
17excess of one for any lien, certificate of lien release or
18subordination, or any other type of notice or other
19documentation affecting or concerning a lien is $1.
20    A statement of the costs of providing each service,
21program and activity shall be prepared by the county board.
22All supporting documents shall be public record and subject to
23public examination and audit. All direct and indirect costs,
24as defined in the United States Office of Management and
25Budget Circular A-87, may be included in the determination of
26the 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
20nonstandard document.
21    (b) On or before January 1, 2019, a county shall adopt and
22implement, by ordinance or resolution, a predictable fee
23schedule that eliminates surcharges or fees based on the
24individual attributes of a standard document to be recorded.
25The initial predictable fee schedule approved by a county

 

 

SB2505- 10 -LRB102 16955 AWJ 22372 b

1board shall be set only as allowed under subsections (c) and
2(d) and any subsequent predictable fee schedule approved by a
3county board shall be set only as allowed under subsection
4(e). Except as to the recording of standard documents, the
5fees imposed by Section 3-5018 shall remain in effect. Under a
6predictable fee schedule, no charge shall be based on: page
7count; number, length, or type of legal descriptions; number
8of tax identification or other parcel identifying code
9numbers; number of common addresses; number of references
10contained as to other recorded documents or document numbers;
11or any other individual attribute of the document except as
12expressly provided in this Section. The fee charged under this
13Section shall be inclusive of all county and State fees that
14the county may elect or is required to impose or adjust,
15including, but not limited to, GIS fees, automation fees,
16document storage fees, and the Rental Housing Support Program
17State surcharge.
18    A predictable fee schedule ordinance or resolution adopted
19under this Section shall list standard document fees,
20including 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
23Section, the recorder or county clerk shall post a notice in
24their office at least 2 weeks prior, but not more than 4 weeks
25prior, to the public meeting at which the ordinance or
26resolution may be adopted. The notice shall contain the

 

 

SB2505- 11 -LRB102 16955 AWJ 22372 b

1proposed ordinance or resolution number, if any, the proposed
2document class flat fees for each classification, and a
3reference to this Section or this amendatory Act of the 100th
4General Assembly.
5    A predictable fee schedule takes effect 60 days after an
6ordinance or resolution is adopted.
7    (c) Pursuant to an ordinance or resolution adopted under
8subsection (b), the recorder elected as provided for in this
9Division shall receive such fees as are or may be provided for
10him or her by law, in case of provision thereof: otherwise he
11or she shall receive the same fees as are or may be provided in
12this Section except when increased by county ordinance or
13resolution pursuant to the provisions of this Section, to be
14paid to the county clerk for his or her services in the office
15of recorder for like services. For the purposes of the fee
16charged, the ordinance or resolution shall divide standard
17documents into the following classifications and shall
18establish a single, all inclusive, county and State-imposed
19aggregate fee charged for each such classification of document
20at the time of recording for that document, which is called the
21document class flat fee. A standard document is not subject to
22more than one classification at the time of recording for the
23purposes of imposing any fee. Each standard document shall
24fall within one of the following document class flat fee
25classifications and fees for each document class shall be
26charged 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
17predictable fee schedule is adopted pursuant to subsection (b)
18and any document class flat fee exceeds $21, the county board
19shall:
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
13board under subsection (b), the county board may, by ordinance
14or resolution, increase the document class flat fee and
15collect the increased fees only if the increase is justified
16by a cost study that shows that the fees allowed by subsections
17(c) and (d) are not sufficient to cover the cost of providing
18the service related to the document class for which the fee is
19to be increased. A statement of the costs of providing each
20service, program, and activity shall be prepared by the county
21board. All supporting documents shall be public record and
22subject to public examination and audit. All direct and
23indirect costs, as defined in the United States Office of
24Management and Budget Circular A-87, may be included in the
25determination of the costs of each service, program, and
26activity.

 

 

SB2505- 15 -LRB102 16955 AWJ 22372 b

1    Nothing in this Section precludes a county board from
2adjusting amounts or allocations within a given document class
3flat fee as long as the document class flat fee is not
4increased.
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.
8Except as provided for in Section 4-12002.1, the fees of the
9recorder in counties of the third class for recording deeds or
10other instruments in writing and maps of plats of additions,
11subdivisions or otherwise, and for certifying copies of
12records, shall be paid in advance and shall be as follows:
13    For recording deeds or other instruments $20 for the first
142 pages thereof, plus $2 for each additional page thereof. The
15aggregate minimum fee for recording any one instrument shall
16not be less than $20.
17    For recording deeds or other instruments wherein the
18premises affected thereby are referred to by document number
19and not by legal description the recorder shall charge a fee of
20$4 in addition to that hereinabove referred to for each
21document number therein noted.
22    For recording deeds or other instruments wherein more than
23one tract, parcel or lot is described and such additional
24tract, or tracts, parcel or parcels, lot or lots is or are
25described therein as falling in a separate or different

 

 

SB2505- 16 -LRB102 16955 AWJ 22372 b

1addition or subdivision the recorder shall charge as an
2additional fee, to that herein provided, the sum of $2 for each
3additional addition or subdivision referred to in such deed or
4instrument.
5    For recording any document that affects an interest in
6real property other than documents which solely affect or
7relate to an easement for water, sewer, electricity, gas,
8telephone or other public service, the recorder shall charge a
9fee of $1 per document to all filers of documents not filed by
10any State agency, any unit of local government, or any school
11district. Fifty cents of the $1 fee hereby established shall
12be deposited into the County General Revenue Fund. The
13remaining $0.50 shall be deposited into the County Recorder
14Document Storage System Fund and may not be appropriated or
15expended for any other purpose. The additional amounts
16available to the recorder for expenditure from the County
17Recorder Document Storage System Fund shall not offset or
18reduce any other county appropriations or funding for the
19office of the recorder.
20    For recording maps or plats of additions, subdivisions or
21otherwise (including the spreading of the same of record in
22well bound books) $100 plus $2 for each tract, parcel or lot
23contained therein.
24    For certified copies of records the same fees as for
25recording, but in no case shall the fee for a certified copy of
26a 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
3exceed one half of the amount provided herein for certified
4copies, according to a standard scale of fees, established by
5county ordinance and made public.
6    For filing of each release of any chattel mortgage or
7trust deed which has been filed but not recorded and for
8indexing the same in the book to be kept for that purpose $10.
9    For processing the sworn or affirmed statement required
10for filing a deed or assignment of a beneficial interest in a
11land trust in accordance with Section 3-5020 of this Code, $2.
12    The recorder shall charge an additional fee, in an amount
13equal to the fee otherwise provided by law, for recording a
14document (other than a document filed under the Plat Act or the
15Uniform Commercial Code) that does not conform to the
16following 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.
12A document that does not conform to these standards shall not
13be recorded except upon payment of the additional fee required
14under this paragraph. This paragraph, as amended by this
15amendatory Act of 1995, applies only to documents dated after
16the effective date of this amendatory Act of 1995.
17    The recorder shall collect a $18 $9 Rental Housing Support
18Program State surcharge for the recordation of any real
19estate-related document. Payment of the Rental Housing Support
20Program State surcharge shall be evidenced by a receipt that
21shall be marked upon or otherwise affixed to the real
22estate-related document by the recorder. The form of this
23receipt shall be prescribed by the Department of Revenue and
24the receipts shall be issued by the Department of Revenue to
25each county recorder.
26    The recorder shall not collect the Rental Housing Support

 

 

SB2505- 19 -LRB102 16955 AWJ 22372 b

1Program State surcharge from any State agency, any unit of
2local government or any school district.
3    On the 15th day of each month, each county recorder shall
4report to the Department of Revenue, on a form prescribed by
5the Department, the number of real estate-related documents
6recorded for which the Rental Housing Support Program State
7surcharge was collected. Each recorder shall submit $18 $9 of
8each surcharge collected in the preceding month to the
9Department of Revenue and the Department shall deposit these
10amounts in the Rental Housing Support Program Fund. Subject to
11appropriation, amounts in the Fund may be expended only for
12the purpose of funding and administering the Rental Housing
13Support Program.
14    For purposes of this Section, "real estate-related
15document" means that term as it is defined in Section 7 of the
16Rental Housing Support Program Act.
17    The fee requirements of this Section apply to units of
18local government and school districts.
19    Regardless of any other provision in this Section, the
20maximum fee that may be collected from the Department of
21Revenue for filing or indexing a lien, certificate of lien
22release or subordination, or any other type of notice or other
23documentation affecting or concerning a lien is $5. Regardless
24of any other provision in this Section, the maximum fee that
25may be collected from the Department of Revenue for indexing
26each additional name in excess of one for any lien,

 

 

SB2505- 20 -LRB102 16955 AWJ 22372 b

1certificate of lien release or subordination, or any other
2type of notice or other documentation affecting or concerning
3a 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
7third 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
24nonstandard document.
25    (b) On or before January 1, 2020, a county shall adopt and

 

 

SB2505- 21 -LRB102 16955 AWJ 22372 b

1implement, by ordinance or resolution, a predictable fee
2schedule that eliminates surcharges or fees based on the
3individual attributes of a standard document to be recorded.
4The initial predictable fee schedule approved by a county
5board shall be set only as allowed under subsection (c) and any
6subsequent predictable fee schedule approved by a county board
7shall be set only as allowed under subsection (d). Except as to
8the recording of standard documents, the fees imposed by
9Section 4-12002 shall remain in effect. Under a predictable
10fee schedule, which only applies to standard documents, no
11charge shall be based on: page count; number, length, or type
12of legal descriptions; number of tax identification or other
13parcel identifying code numbers; number of common addresses;
14number of references contained as to other recorded documents
15or document numbers; or any other individual attribute of the
16document except as expressly provided in this Section. The fee
17charged under this Section shall be inclusive of all county
18and State fees that the county may elect or is required to
19impose or adjust, including, but not limited to, GIS fees,
20automation fees, document storage fees, and the Rental Housing
21Support Program State surcharge.
22    A predictable fee schedule ordinance or resolution adopted
23under this Section shall list standard document fees,
24including 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

1Section, the recorder or county clerk shall post a notice in
2his or her office at least 2 weeks prior, but not more than 4
3weeks prior, to the public meeting at which the ordinance or
4resolution may be adopted. The notice shall contain the
5proposed ordinance or resolution number, if any, the proposed
6document class flat fees for each classification, and a
7reference to this Section or this amendatory Act of the 100th
8General Assembly.
9    A predictable fee schedule takes effect 60 days after an
10ordinance or resolution is adopted.
11    (c) Pursuant to an ordinance or resolution adopted under
12subsection (b), the recorder elected as provided for in this
13Division shall receive such fees as are or may be provided for
14him or her by law, in case of provision thereof: otherwise he
15or she shall receive the same fees as are or may be provided in
16this Section except when increased by county ordinance or
17resolution pursuant to the provisions of this Section, to be
18paid to the county clerk for his or her services in the office
19of recorder for like services. For the purposes of the fee
20charged, the ordinance or resolution shall divide standard
21documents into the following classifications and shall
22establish a single, all-inclusive, county and State-imposed
23aggregate fee charged for each such classification of document
24at the time of recording for that document, which is called the
25document class flat fee. A standard document is not subject to
26more than one classification at the time of recording for the

 

 

SB2505- 23 -LRB102 16955 AWJ 22372 b

1purposes of imposing any fee. Each standard document shall
2fall within one of the following document class flat fee
3classifications and fees for each document class shall be
4charged 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
21board under subsection (b), the county board may, by ordinance
22or resolution, increase the document class flat fee and
23collect the increased fees if the established fees are not
24sufficient to cover the costs of providing the services
25related to the document class for which the fee is to be
26increased.

 

 

SB2505- 25 -LRB102 16955 AWJ 22372 b

1    Nothing in this Section precludes a county board from
2adjusting amounts or allocations within a given document class
3flat 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
6amended 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
10the Illinois Housing Development Authority. The Authority
11shall administer the Program and adopt rules for its
12implementation.
13    (b) The Authority shall distribute amounts for the Program
14solely from annual receipts on deposit in the Rental Housing
15Support Program Fund that are appropriated in each year for
16distribution by the Authority for the Program, and not from
17any 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
6local administering agencies to provide subsidies to landlords
7to enable the landlords to charge rent affordable for
8low-income tenants. Grants shall also include an amount for
9the operating expenses of local administering agencies. On an
10annual basis, operating expenses for local administering
11agencies shall not exceed 10% for grants under $500,000 and
12shall not exceed 7% for grants over $500,000. If a grant to a
13local administering agency covers more than one year, the
14Authority shall calculate operating expenses on an annual pro
15rata 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
17rata share is greater than $500,000, then the fee shall be 7%.
18    (b) The Authority shall develop a request-for-proposals
19process for soliciting proposals from local administering
20agencies and for awarding grants. The request-for-proposals
21process and the funded projects must be consistent with the
22criteria set forth in Section 25 and with additional criteria
23set forth by the Authority in rules implementing this Act.
24    (c) Local administering agencies may be local governmental
25bodies, local housing authorities, or not-for-profit

 

 

SB2505- 28 -LRB102 16955 AWJ 22372 b

1organizations. The Authority shall set forth in rules the
2financial and capacity requirements necessary for an
3organization to qualify as a local administering agency and
4the parameters for administration of the grants by local
5administering agencies. The Authority shall work with each
6county to ensure that at least one local administering agency
7is located within each county.
8    (d) The Authority shall distribute grants to local
9administering agencies according to a formula based on U.S.
10Census data. The formula shall determine percentages of the
11funds to be distributed to the following geographic areas: (i)
12Chicago; (ii) suburban areas: Cook County (excluding Chicago),
13DuPage County, Lake County, Kane County, Will County, and
14McHenry County; (iii) small metropolitan areas: Springfield,
15Rockford, Peoria, Decatur, Champaign-Urbana,
16Bloomington-Normal, Rock Island, DeKalb, Madison County,
17Moline, Pekin, Rantoul, and St. Clair County; and (iv) rural
18areas, defined as all areas of the State not specifically
19named in items (i), (ii), and (iii) of this subsection. A
20geographic area's percentage share shall be determined by the
21total number of households that have an annual income of less
22than 50% of State median income for a household of 4, as
23determined by the U.S. Department of Housing and Urban
24Development, and that are paying more than 30% of their income
25for rent. The geographic distribution shall be re-determined
26by the Authority each time new U.S. Census data becomes

 

 

SB2505- 29 -LRB102 16955 AWJ 22372 b

1available. The Authority shall phase in any changes to the
2geographic formula to prevent a large withdrawal of resources
3from one area that could negatively impact households
4receiving rental housing support. Up to 20% of the funds
5allocated for rural areas, as defined in this subsection, may
6be set aside and awarded to one administering agency to be
7distributed throughout the rural areas in the State to
8localities that desire a number of subsidized units of housing
9that is too small to justify the establishment of a full local
10program. In those localities, the administering agency may
11contract with local agencies to share the administrative tasks
12of the program, such as inspections of units.
13    (e) In order to ensure applications from all geographic
14areas of the State, the Authority shall create a plan to ensure
15that potential local administering agencies have ample time
16and support to consider making an application and to prepare
17an application. Such a plan must include, but is not limited
18to: an outreach and education plan regarding the program and
19the requirements for a local administering agency; ample time
20between the initial notice of funding ability and the deadline
21to submit an application, which shall not be less than 9
22months; and access to assistance from the Authority or another
23agency in considering and preparing the application.
24    (f) In order to maintain consistency for households
25receiving rental housing support, the Authority shall, to the
26extent possible given funding resources available in the

 

 

SB2505- 30 -LRB102 16955 AWJ 22372 b

1Rental Housing Support Program, continue to fund local
2administering agencies at the same level on an annual basis,
3unless the Authority determines that a local administering
4agency is not meeting the criteria set forth in Section 25 or
5is not adhering to other standards set forth by rule by the
6Authority.
7(Source: P.A. 97-952, eff. 1-1-13.)