Illinois General Assembly - Full Text of SB0520
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Full Text of SB0520  93rd General Assembly

SB0520ham002 93RD GENERAL ASSEMBLY

Rep. Julie Hamos

Filed: 11/8/2004

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 520

2     AMENDMENT NO. ______. Amend Senate Bill 520, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 1. Short title. This Act may be cited as the
6 Rental Housing Support Program Act.
 
7     Section 5. Legislative findings and purpose. The General
8 Assembly finds that in many parts of this State, large numbers
9 of citizens are faced with the inability to secure affordable
10 rental housing. Due to either insufficient wages or a shortage
11 of affordable rental housing stock, or both, many families have
12 difficulty securing decent housing, are subjected to
13 overcrowding, pay too large a portion of their total monthly
14 income for housing and consequently suffer the lack of other
15 basic needs, live in substandard or unhealthy housing, or
16 experience chronic housing instability. Instability and
17 inadequacy in housing limits the employability and
18 productivity of many citizens, adversely affects family health
19 and stress levels, impedes children's ability to learn, and
20 produces corresponding drains on public resources. It is the
21 purpose of this Act to create a State program to help
22 localities address the need for decent, affordable, permanent
23 rental housing.
 

 

 

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1     Section 7. Definitions. In this Act:
2     "Authority" means the Illinois Housing Development
3 Authority.
4     "Developer" means any entity that receives a grant under
5 Section 20.
6     "Program" means the Rental Housing Support Program.
7     "Real estate-related document" means any recorded document
8 that affects an interest in real property.
9     "Unit" means a rental apartment unit receiving a subsidy by
10 means of a grant under this Act. "Unit" does not include
11 housing units intended as transitional or temporary housing.
 
12     Section 10. Creation of Program and distribution of funds.
13     (a) The Rental Housing Support Program is created within
14 the Illinois Housing Development Authority. The Authority
15 shall administer the program and adopt rules for its
16 implementation.
17     (b) The Authority shall distribute amounts appropriated
18 for the Program from the Rental Housing Support Program Fund
19 and any other appropriations provided for the Program as
20 follows:
21         (1) A proportionate share of the annual appropriation,
22     as determined under subsection (d) of Section 15 of this
23     Act shall be distributed to municipalities with a
24     population greater than 2,000,000. Those municipalities
25     shall use at least 10% of those funds in accordance with
26     Section 20 of this Act, and all provisions governing the
27     Authority's actions under Section 20 shall govern the
28     actions of the corporate authorities of a municipality
29     under this Section. As to the balance of the annual
30     distribution, the municipality shall designate a
31     non-profit organization that meets the specific criteria
32     set forth in Section 25 of this Act to serve as the "local
33     administering agency" under Section 15 of this Act.

 

 

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1         (2) Of the remaining appropriation after the
2     distribution in paragraph (1) of this subsection, the
3     Authority shall designate at least 10% for the purposes of
4     Section 20 of this Act in areas of the State not covered
5     under paragraph (1) of this subsection.
6         (3) The remaining appropriation after the
7     distributions in paragraphs (1) and (2) of this subsection
8     shall be distributed according to Section 15 of this Act in
9     areas of the State not covered under paragraph (1) of this
10     subsection.
 
11     Section 15. Grants to local administering agencies.
12     (a) Under the program, the Authority shall make grants to
13 local administering agencies to provide subsidies to landlords
14 to enable the landlords to charge rent affordable for
15 low-income tenants. Grants shall also include an amount for the
16 operating expenses of local administering agencies.
17     (b) The Authority shall develop a request-for-proposals
18 process for soliciting proposals from local administering
19 agencies and for awarding grants. The request-for-proposals
20 process and the funded projects must be consistent with the
21 criteria set forth in Section 25 and with additional criteria
22 set forth by the Authority in rules implementing this Act.
23     (c) Local administering agencies may be local governmental
24 bodies, local housing authorities, or not-for-profit
25 organizations. The Authority shall set forth in rules the
26 financial and capacity requirements necessary for an
27 organization to qualify as a local administering agency and the
28 parameters for administration of the grants by local
29 administering agencies.
30     (d) The Authority shall distribute grants to local
31 administering agencies according to a formula based on U.S.
32 Census data. The formula shall determine percentages of the
33 funds to be distributed to the following geographic areas: (i)

 

 

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1 Chicago; (ii) suburban areas: Cook County (excluding Chicago),
2 DuPage County, Lake County, Kane County, Will County, and
3 McHenry County; (iii) small metropolitan areas: Springfield,
4 Rockford, Peoria, Decatur, Champaign-Urbana,
5 Bloomington-Normal, Rock Island, DeKalb, Madison County,
6 Moline, Pekin, Rantoul, and St. Clair County; and (iv) rural
7 areas, defined as all areas of the State not specifically named
8 in items (i), (ii), and (iii) of this subsection. A geographic
9 area's percentage share shall be determined by the total number
10 of households that have an annual income of less than 50% of
11 State median income for a household of 4 and that are paying
12 more than 30% of their income for rent. The geographic
13 distribution shall be re-determined by the Authority each time
14 new U.S. Census data becomes available. The Authority shall
15 phase in any changes to the geographic formula to prevent a
16 large withdrawal of resources from one area that could
17 negatively impact households receiving rental housing support.
18     (e) In order to ensure applications from all geographic
19 areas of the State, the Authority shall create a plan to ensure
20 that potential local administering agencies have ample time and
21 support to consider making an application and to prepare an
22 application. Such a plan must include, but is not limited to:
23 an outreach and education plan regarding the program and the
24 requirements for a local administering agency; ample time
25 between the initial notice of funding ability and the deadline
26 to submit an application, which shall not be less than 9
27 months; and access to assistance from the Authority or another
28 agency in considering and preparing the application.
29     (f) In order to maintain consistency for households
30 receiving rental housing support, the Authority shall, to the
31 extent possible given funding resources available in the Rental
32 Housing Support Program, continue to fund local administering
33 agencies at the same level on an annual basis, unless the
34 Authority determines that a local administering agency is not

 

 

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1 meeting the criteria set forth in Section 25 or is not adhering
2 to other standards set forth by rule by the Authority.
 
3     Section 20. Grants for affordable housing developments.
4     (a) The Authority may award grants under the program
5 directly for the development of affordable rental housing for
6 long-term operating support to enable the rent on such units to
7 be affordable. Developers of such new housing shall apply
8 directly to the Authority for this type of grant under the
9 program.
10     (b) The Authority shall prescribe by rule the application
11 requirements and the qualifications necessary for a developer
12 and a development to qualify for a grant under the program. In
13 any event, however, to qualify for a grant, the development
14 must satisfy the criteria set forth in Section 25, unless
15 waived by the Authority based on special circumstances and in
16 furtherance of the purpose of the program to increase the
17 supply of affordable rental housing.
18     (c) The Authority must use at least 10% of the funds
19 generated for the Program in any given year for grants under
20 this Section. In any given year, the Authority is not required
21 to spend the 10% of its funds that accrues in that year but may
22 add all or part of that 10% to the 10% allocation for
23 subsequent years for the purpose of funding grants under this
24 Section.
 
25     Section 25. Criteria for awarding grants. The Authority
26 shall adopt rules to govern the awarding of grants and the
27 continuing eligibility for grants under Sections 15 and 20.
28 Requests for proposals under Section 20 must specify that
29 proposals must satisfy these rules. The rules must contain and
30 be consistent with, but need not be limited to, the following
31 criteria:
32         (1) Eligibility for tenancy in the units supported by

 

 

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1     grants to local administering agencies must be limited to
2     households with gross income at or below 30% of the median
3     family income for the area in which the grant will be made.
4     Fifty percent of the units that are supported by any grant
5     must be set aside for households whose income is at or
6     below 15% of the area median family income for the area in
7     which the grant will be made, provided that local
8     administering agencies may negotiate flexibility in this
9     set-aside with the Authority if they demonstrate that they
10     have been unable to locate sufficient tenants in this lower
11     income range. Income eligibility for units supported by
12     grants to local administering agencies must be verified
13     annually by landlords and submitted to local administering
14     agencies. Tenants must have sufficient income to be able to
15     afford the tenant's share of the rent. For grants awarded
16     under Section 20, eligibility for tenancy in units
17     supported by grants must be limited to households with a
18     gross income at or below 30% of area median family income
19     for the area in which the grant will be made. Fifty percent
20     of the units that are supported by any grant must be set
21     aside for households whose income is at or below 15% of the
22     median family income for the area in which the grant will
23     be made, provided that developers may negotiate
24     flexibility in this set-aside with the Authority or
25     municipality as defined in subsection (b) of Section 10 if
26     it demonstrates that it has been unable to locate
27     sufficient tenants in this lower income range. The
28     Authority shall determine what sources qualify as a
29     tenant's income.
30         (2) Local administering agencies must include
31     2-bedroom, 3-bedroom, and 4-bedroom units among those
32     intended to be supported by grants under the program. In
33     grants under Section 15, the precise number of these units
34     among all the units intended to be supported by a grant

 

 

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1     must be based on need in the community for larger units and
2     other factors that the Authority specifies in rules. The
3     local administering agency must specify the basis for the
4     numbers of these units that are proposed for support under
5     a grant. Local administering agencies must make a good
6     faith effort to comply with this allocation of unit sizes.
7     In grants awarded under Section 20, developers and the
8     Authority or municipality, as defined in subsection (b) of
9     Section 10, shall negotiate the numbers and sizes of units
10     to be built in a project and supported by the grant.
11         (3) Under grants awarded under Section 15, local
12     administering agencies must enter into a payment contract
13     with the landlord that defines the method of payment and
14     must pay subsidies to landlords on a quarterly basis and in
15     advance of the quarter paid for.
16         (4) Local administering agencies and developers must
17     specify how vacancies in units supported by a grant must be
18     advertised and they must include provisions for outreach to
19     local homeless shelters, organizations that work with
20     people with disabilities, and others interested in
21     affordable housing.
22         (5) The local administering agency or developer must
23     establish a schedule for the tenant's rental obligation for
24     units supported by a grant. The tenant's share of the rent
25     must be a flat amount, calculated annually, based on the
26     size of the unit and the household's income category. In
27     establishing the schedule for the tenant's rental
28     obligation, the local administering agency or developer
29     must use 30% of gross income within an income range as a
30     guide, and it may charge an additional or lesser amount.
31         (6) The amount of the subsidy provided under a grant
32     for a unit must be the difference between the amount of the
33     tenant's obligation and the total amount of rent for the
34     unit. The total amount of rent for the unit must be

 

 

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1     negotiated between the local administering authority and
2     the landlord under Section 15, or between the Authority or
3     municipality, as defined in subsection (b) of Section 10,
4     and the developer under Section 20, using comparable rents
5     for units of comparable size and condition in the
6     surrounding community as a guideline.
7         (7) Local administering agencies and developers,
8     pursuant to criteria the Authority develops in rules, must
9     ensure that there are procedures in place to maintain the
10     safety and habitability of units supported under grants.
11     Local administering agencies must inspect units before
12     supporting them under a grant awarded under Section 15.
13         (8) Local administering agencies must provide or
14     ensure that tenants are provided with a "bill of rights"
15     with their lease setting forth local landlord-tenant laws
16     and procedures and contact information for the local
17     administering agency.
18         (9) A local administering agency must create a plan
19     detailing a process for helping to provide information,
20     when necessary, on how to access education, training, and
21     other supportive services to tenants living in units
22     supported under the grant. The plan must be submitted as a
23     part of the administering agency's proposal to the
24     Authority required under Section 15.
25         (10) Local administering agencies and developers may
26     not use funding under the grant to develop or support
27     housing that requires that a tenant has a particular
28     diagnosis or type or presence of disability as a condition
29     of eligibility for occupancy unless the requirement is
30     mandated by another funding source for the housing.
31         (11) In order to plan for periodic fluctuations in
32     program revenue, the Authority shall establish by rule a
33     mechanism for establishing a reserve fund and the level of
34     funding that shall be held in reserve either by the

 

 

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1     Authority or by local administering agencies.
 
2     Section 85. The State Finance Act is amended by adding
3 Section 5.640 as follows:
 
4     (30 ILCS 105/5.640 new)
5     Sec. 5.640. The Rental Housing Support Program Fund.
 
6     Section 90. The Counties Code is amended by changing
7 Sections 3-5018 and 4-12002 as follows:
 
8     (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
9     Sec. 3-5018. Fees. The recorder elected as provided for in
10 this Division shall receive such fees as are or may be provided
11 for him by law, in case of provision therefor: otherwise he
12 shall receive the same fees as are or may be provided in this
13 Section, except when increased by county ordinance pursuant to
14 the provisions of this Section, to be paid to the county clerk
15 for his services in the office of recorder for like services.
16     For recording deeds or other instruments $12 for the first
17 4 pages thereof, plus $1 for each additional page thereof, plus
18 $1 for each additional document number therein noted. The
19 aggregate minimum fee for recording any one instrument shall
20 not be less than $12.
21     For recording deeds or other instruments wherein the
22 premises affected thereby are referred to by document number
23 and not by legal description a fee of $1 in addition to that
24 hereinabove referred to for each document number therein noted.
25     For recording assignments of mortgages, leases or liens $12
26 for the first 4 pages thereof, plus $1 for each additional page
27 thereof. However, except for leases and liens pertaining to
28 oil, gas and other minerals, whenever a mortgage, lease or lien
29 assignment assigns more than one mortgage, lease or lien
30 document, a $7 fee shall be charged for the recording of each

 

 

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1 such mortgage, lease or lien document after the first one.
2     For recording maps or plats of additions or subdivisions
3 approved by the county or municipality (including the spreading
4 of the same of record in map case or other proper books) or
5 plats of condominiums $50 for the first page, plus $1 for each
6 additional page thereof except that in the case of recording a
7 single page, legal size 8 1/2 x 14, plat of survey in which
8 there are no more than two lots or parcels of land, the fee
9 shall be $12. In each county where such maps or plats are to be
10 recorded, the recorder may require the same to be accompanied
11 by such number of exact, true and legible copies thereof as the
12 recorder deems necessary for the efficient conduct and
13 operation of his office.
14     For certified copies of records the same fees as for
15 recording, but in no case shall the fee for a certified copy of
16 a map or plat of an addition, subdivision or otherwise exceed
17 $10.
18     Each certificate of such recorder of the recording of the
19 deed or other writing and of the date of recording the same
20 signed by such recorder, shall be sufficient evidence of the
21 recording thereof, and such certificate including the indexing
22 of record, shall be furnished upon the payment of the fee for
23 recording the instrument, and no additional fee shall be
24 allowed for the certificate or indexing.
25     The recorder shall charge an additional fee, in an amount
26 equal to the fee otherwise provided by law, for recording a
27 document (other than a document filed under the Plat Act or the
28 Uniform Commercial Code) that does not conform to the following
29 standards:
30         (1) The document shall consist of one or more
31     individual sheets measuring 8.5 inches by 11 inches, not
32     permanently bound and not a continuous form. Graphic
33     displays accompanying a document to be recorded that
34     measure up to 11 inches by 17 inches shall be recorded

 

 

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1     without charging an additional fee.
2         (2) The document shall be legibly printed in black ink,
3     by hand, type, or computer. Signatures and dates may be in
4     contrasting colors if they will reproduce clearly.
5         (3) The document shall be on white paper of not less
6     than 20-pound weight and shall have a clean margin of at
7     least one-half inch on the top, the bottom, and each side.
8     Margins may be used for non-essential notations that will
9     not affect the validity of the document, including but not
10     limited to form numbers, page numbers, and customer
11     notations.
12         (4) The first page of the document shall contain a
13     blank space, measuring at least 3 inches by 5 inches, from
14     the upper right corner.
15         (5) The document shall not have any attachment stapled
16     or otherwise affixed to any page.
17 A document that does not conform to these standards shall not
18 be recorded except upon payment of the additional fee required
19 under this paragraph. This paragraph, as amended by this
20 amendatory Act of 1995, applies only to documents dated after
21 the effective date of this amendatory Act of 1995.
22     The county board of any county may provide for an
23 additional charge of $3 for filing every instrument, paper, or
24 notice for record, (1) in order to defray the cost of
25 converting the county recorder's document storage system to
26 computers or micrographics and (2) in order to defray the cost
27 of providing access to records through the global information
28 system known as the Internet.
29     A special fund shall be set up by the treasurer of the
30 county and such funds collected pursuant to Public Act 83-1321
31 shall be used (1) for a document storage system to provide the
32 equipment, materials and necessary expenses incurred to help
33 defray the costs of implementing and maintaining such a
34 document records system and (2) for a system to provide

 

 

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1 electronic access to those records.
2     The county board of any county that provides and maintains
3 a countywide map through a Geographic Information System (GIS)
4 may provide for an additional charge of $3 for filing every
5 instrument, paper, or notice for record (1) in order to defray
6 the cost of implementing or maintaining the county's Geographic
7 Information System and (2) in order to defray the cost of
8 providing electronic access to the county's Geographic
9 Information System records. Of that amount, $2 must be
10 deposited into a special fund set up by the treasurer of the
11 county, and any moneys collected pursuant to this amendatory
12 Act of the 91st General Assembly and deposited into that fund
13 must be used solely for the equipment, materials, and necessary
14 expenses incurred in implementing and maintaining a Geographic
15 Information System and in order to defray the cost of providing
16 electronic access to the county's Geographic Information
17 System records. The remaining $1 must be deposited into the
18 recorder's special funds created under Section 3-5005.4. The
19 recorder may, in his or her discretion, use moneys in the funds
20 created under Section 3-5005.4 to defray the cost of
21 implementing or maintaining the county's Geographic
22 Information System and to defray the cost of providing
23 electronic access to the county's Geographic Information
24 System records.
25     The recorder shall collect an $11 Rental Housing Support
26 Program State surcharge for the recordation of any real
27 estate-related document. Payment of the Rental Housing Support
28 Program State surcharge shall be evidenced by a receipt that
29 shall be marked upon or otherwise affixed to the real
30 estate-related document by the recorder. The form of this
31 receipt shall be prescribed by the Department of Revenue and
32 the receipts shall be issued by the Department of Revenue to
33 each county recorder. The surcharge moneys collected shall be
34 distributed as follows:

 

 

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1         (1) One dollar of each surcharge shall be deposited
2     into the county's general revenue fund.
3         (2) One dollar of each surcharge shall be deposited
4     into a special account of the county in which it was
5     collected, to be known as the County Recorder Housing
6     Surcharge Account. Notwithstanding any other law to the
7     contrary, all amounts in that Account are hereby
8     appropriated to the county recorder on a continuing basis
9     for expenditure by the county recorder to be used for the
10     costs of administering the Rental Housing Support Program
11     State Surcharge and any other legal expenditures for the
12     operation of the office of the recorder. Those amounts may
13     not be appropriated or expended for any other purpose. The
14     amounts available to the recorder for expenditure from that
15     Account shall not offset or reduce any other county
16     appropriations or funding of the office of the recorder.
17         (3) On the 15th day of each month, each county recorder
18     shall report to the Department of Revenue, on a form
19     prescribed by the Department, the number of real
20     estate-related documents recorded for which the Rental
21     Housing Support Program State surcharge was collected.
22     Each recorder shall submit $9 of each surcharge collected
23     in the preceding month to the Department of Revenue and the
24     Department shall deposit these amounts in the Rental
25     Housing Support Program Fund. Subject to appropriation,
26     amounts in the Fund may be expended only for the purpose of
27     funding and administering the Rental Housing Support
28     Program.
29     For purposes of this Section, "real estate-related
30 document" means that term as it is defined in Section 10 of the
31 Rental Housing Support Program Act.
32     The foregoing fees allowed by this Section are the maximum
33 fees that may be collected from any officer, agency, department
34 or other instrumentality of the State. The county board may,

 

 

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1 however, by ordinance, increase the fees allowed by this
2 Section and collect such increased fees from all persons and
3 entities other than officers, agencies, departments and other
4 instrumentalities of the State if the increase is justified by
5 an acceptable cost study showing that the fees allowed by this
6 Section are not sufficient to cover the cost of providing the
7 service. Regardless of any other provision in this Section, the
8 maximum fee that may be collected from the Department of
9 Revenue for filing or indexing a lien, certificate of lien
10 release or subordination, or any other type of notice or other
11 documentation affecting or concerning a lien is $5. Regardless
12 of any other provision in this Section, the maximum fee that
13 may be collected from the Department of Revenue for indexing
14 each additional name in excess of one for any lien, certificate
15 of lien release or subordination, or any other type of notice
16 or other documentation affecting or concerning a lien is $1.
17     A statement of the costs of providing each service, program
18 and activity shall be prepared by the county board. All
19 supporting documents shall be public record and subject to
20 public examination and audit. All direct and indirect costs, as
21 defined in the United States Office of Management and Budget
22 Circular A-87, may be included in the determination of the
23 costs of each service, program and activity.
24 (Source: P.A. 92-16, eff. 6-28-01; 92-492, eff. 1-1-02; 93-256,
25 eff. 7-22-03.)
 
26     (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
27     Sec. 4-12002. Fees of recorder in third class counties. The
28 fees of the recorder in counties of the third class for
29 recording deeds or other instruments in writing and maps of
30 plats of additions, subdivisions or otherwise, and for
31 certifying copies of records, shall be paid in advance and
32 shall be as follows:
33     For recording deeds or other instruments $20 for the first

 

 

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1 2 pages thereof, plus $2 for each additional page thereof. The
2 aggregate minimum fee for recording any one instrument shall
3 not be less than $20.
4     For recording deeds or other instruments wherein the
5 premises affected thereby are referred to by document number
6 and not by legal description the recorder shall charge a fee of
7 $4 in addition to that hereinabove referred to for each
8 document number therein noted.
9     For recording deeds or other instruments wherein more than
10 one tract, parcel or lot is described and such additional
11 tract, or tracts, parcel or parcels, lot or lots is or are
12 described therein as falling in a separate or different
13 addition or subdivision the recorder shall charge as an
14 additional fee, to that herein provided, the sum of $2 for each
15 additional addition or subdivision referred to in such deed or
16 instrument.
17     For recording maps or plats of additions, subdivisions or
18 otherwise (including the spreading of the same of record in
19 well bound books) $100 plus $2 for each tract, parcel or lot
20 contained therein.
21     For certified copies of records the same fees as for
22 recording, but in no case shall the fee for a certified copy of
23 a map or plat of an addition, subdivision or otherwise exceed
24 $200.
25     For non-certified copies of records, an amount not to
26 exceed one half of the amount provided herein for certified
27 copies, according to a standard scale of fees, established by
28 county ordinance and made public.
29     For filing of each release of any chattel mortgage or trust
30 deed which has been filed but not recorded and for indexing the
31 same in the book to be kept for that purpose $10.
32     For processing the sworn or affirmed statement required for
33 filing a deed or assignment of a beneficial interest in a land
34 trust in accordance with Section 3-5020 of this Code, $2.

 

 

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1     The recorder shall charge an additional fee, in an amount
2 equal to the fee otherwise provided by law, for recording a
3 document (other than a document filed under the Plat Act or the
4 Uniform Commercial Code) that does not conform to the following
5 standards:
6         (1) The document shall consist of one or more
7     individual sheets measuring 8.5 inches by 11 inches, not
8     permanently bound and not a continuous form. Graphic
9     displays accompanying a document to be recorded that
10     measure up to 11 inches by 17 inches shall be recorded
11     without charging an additional fee.
12         (2) The document shall be legibly printed in black ink,
13     by hand, type, or computer. Signatures and dates may be in
14     contrasting colors if they will reproduce clearly.
15         (3) The document shall be on white paper of not less
16     than 20-pound weight and shall have a clean margin of at
17     least one-half inch on the top, the bottom, and each side.
18     Margins may be used only for non-essential notations that
19     will not affect the validity of the document, including but
20     not limited to form numbers, page numbers, and customer
21     notations.
22         (4) The first page of the document shall contain a
23     blank space, measuring at least 3 inches by 5 inches, from
24     the upper right corner.
25         (5) The document shall not have any attachment stapled
26     or otherwise affixed to any page.
27 A document that does not conform to these standards shall not
28 be recorded except upon payment of the additional fee required
29 under this paragraph. This paragraph, as amended by this
30 amendatory Act of 1995, applies only to documents dated after
31 the effective date of this amendatory Act of 1995.
32     The recorder shall collect an $11 Rental Housing Support
33 Program State surcharge for the recordation of any real
34 estate-related document. Payment of the Rental Housing Support

 

 

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1 Program State surcharge shall be evidenced by a receipt that
2 shall be marked upon or otherwise affixed to the real
3 estate-related document by the recorder. The form of this
4 receipt shall be prescribed by the Department of Revenue and
5 the receipts shall be issued by the Department of Revenue to
6 each county recorder. The surcharge moneys collected shall be
7 distributed as follows:
8         (1) One dollar of each surcharge shall be deposited
9     into the county's general revenue fund.
10         (2) One dollar of each surcharge shall be deposited
11     into a special account of the county in which it was
12     collected, to be known as the County Recorder Housing
13     Surcharge Account. Notwithstanding any other law to the
14     contrary, all amounts in that Account are hereby
15     appropriated to the county recorder on a continuing basis
16     for expenditure by the county recorder to be used for the
17     costs of administering the Rental Housing Support Program
18     State Surcharge and any other legal expenditures for the
19     operation of the office of the recorder. Those amounts may
20     not be appropriated or expended for any other purpose. The
21     amounts available to the recorder for expenditure from that
22     Account shall not offset or reduce any other county
23     appropriations or funding of the office of the recorder.
24         (3) On the 15th day of each month, each county recorder
25     shall report to the Department of Revenue, on a form
26     prescribed by the Department, the number of real
27     estate-related documents recorded for which the Rental
28     Housing Support Program State surcharge was collected.
29     Each recorder shall submit $9 of each surcharge collected
30     in the preceding month to the Department of Revenue and the
31     Department shall deposit these amounts in the Rental
32     Housing Support Program Fund. Subject to appropriation,
33     amounts in the Fund may be expended only for the purpose of
34     funding and administering the Rental Housing Support

 

 

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1     Program.
2     For purposes of this Section, "real estate-related
3 document" means that term as it is defined in Section 10 of the
4 Rental Housing Support Program Act.
5     The fee requirements of this Section apply to units of
6 local government and school districts.
7     Regardless of any other provision in this Section, the
8 maximum fee that may be collected from the Department of
9 Revenue for filing or indexing a lien, certificate of lien
10 release or subordination, or any other type of notice or other
11 documentation affecting or concerning a lien is $5. Regardless
12 of any other provision in this Section, the maximum fee that
13 may be collected from the Department of Revenue for indexing
14 each additional name in excess of one for any lien, certificate
15 of lien release or subordination, or any other type of notice
16 or other documentation affecting or concerning a lien is $1.
17 (Source: P.A. 92-492, eff. 1-1-02; 93-671, eff. 6-1-04.)
 
18     Section 99. Effective date. This Act takes effect July 1,
19 2005.".