Illinois General Assembly - Full Text of SB0075
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Full Text of SB0075  94th General Assembly

SB0075sam003 94TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 2/22/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 75

2     AMENDMENT NO. ______. Amend Senate Bill 75 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Rental Housing Support Program Act.
 
6     Section 5. Legislative findings and purpose. The General
7 Assembly finds that in many parts of this State, large numbers
8 of citizens are faced with the inability to secure affordable
9 rental housing. Due to either insufficient wages or a shortage
10 of affordable rental housing stock, or both, many families have
11 difficulty securing decent housing, are subjected to
12 overcrowding, pay too large a portion of their total monthly
13 income for housing and consequently suffer the lack of other
14 basic needs, live in substandard or unhealthy housing, or
15 experience chronic housing instability. Instability and
16 inadequacy in housing limits the employability and
17 productivity of many citizens, adversely affects family health
18 and stress levels, impedes children's ability to learn, and
19 produces corresponding drains on public resources. It is the
20 purpose of this Act to create a State program to help
21 localities address the need for decent, affordable, permanent
22 rental housing.
 
23     Section 7. Definitions. In this Act:

 

 

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

 

 

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1     administering agency" under Section 15 of this Act.
2         (2) Of the remaining appropriation after the
3     distribution in paragraph (1) of this subsection, the
4     Authority shall designate at least 10% for the purposes of
5     Section 20 of this Act in areas of the State not covered
6     under paragraph (1) of this subsection.
7         (3) The remaining appropriation after the
8     distributions in paragraphs (1) and (2) of this subsection
9     shall be distributed according to Section 15 of this Act in
10     areas of the State not covered under paragraph (1) of this
11     subsection.
 
12     Section 15. Grants to local administering agencies.
13     (a) Under the program, the Authority shall make grants to
14 local administering agencies to provide subsidies to landlords
15 to enable the landlords to charge rent affordable for
16 low-income tenants. Grants shall also include an amount for the
17 operating expenses of local administering agencies. Operating
18 expenses for local administering agencies shall not exceed 10%
19 for grants under $500,000 and shall not exceed 7% for grants
20 over $500,000.
21     (b) The Authority shall develop a request-for-proposals
22 process for soliciting proposals from local administering
23 agencies and for awarding grants. The request-for-proposals
24 process and the funded projects must be consistent with the
25 criteria set forth in Section 25 and with additional criteria
26 set forth by the Authority in rules implementing this Act.
27     (c) Local administering agencies may be local governmental
28 bodies, local housing authorities, or not-for-profit
29 organizations. The Authority shall set forth in rules the
30 financial and capacity requirements necessary for an
31 organization to qualify as a local administering agency and the
32 parameters for administration of the grants by local
33 administering agencies.

 

 

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1     (d) The Authority shall distribute grants to local
2 administering agencies according to a formula based on U.S.
3 Census data. The formula shall determine percentages of the
4 funds to be distributed to the following geographic areas: (i)
5 Chicago; (ii) suburban areas: Cook County (excluding Chicago),
6 DuPage County, Lake County, Kane County, Will County, and
7 McHenry County; (iii) small metropolitan areas: Springfield,
8 Rockford, Peoria, Decatur, Champaign-Urbana,
9 Bloomington-Normal, Rock Island, DeKalb, Madison County,
10 Moline, Pekin, Rantoul, and St. Clair County; and (iv) rural
11 areas, defined as all areas of the State not specifically named
12 in items (i), (ii), and (iii) of this subsection. A geographic
13 area's percentage share shall be determined by the total number
14 of households that have an annual income of less than 50% of
15 State median income for a household of 4, as determined by the
16 U.S. Department of Housing and Urban Development, and that are
17 paying more than 30% of their income for rent. The geographic
18 distribution shall be re-determined by the Authority each time
19 new U.S. Census data becomes available. The Authority shall
20 phase in any changes to the geographic formula to prevent a
21 large withdrawal of resources from one area that could
22 negatively impact households receiving rental housing support.
23 Up to 20% of the funds allocated for rural areas, as defined in
24 this subsection, may be set aside and awarded to one
25 administering agency to be distributed throughout the rural
26 areas in the State to localities that desire a number of
27 subsidized units of housing that is too small to justify the
28 establishment of a full local program. In those localities, the
29 administering agency may contract with local agencies to share
30 the administrative tasks of the program, such as inspections of
31 units.
32     (e) In order to ensure applications from all geographic
33 areas of the State, the Authority shall create a plan to ensure
34 that potential local administering agencies have ample time and

 

 

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1 support to consider making an application and to prepare an
2 application. Such a plan must include, but is not limited to:
3 an outreach and education plan regarding the program and the
4 requirements for a local administering agency; ample time
5 between the initial notice of funding ability and the deadline
6 to submit an application, which shall not be less than 9
7 months; and access to assistance from the Authority or another
8 agency in considering and preparing the application.
9     (f) In order to maintain consistency for households
10 receiving rental housing support, the Authority shall, to the
11 extent possible given funding resources available in the Rental
12 Housing Support Program, continue to fund local administering
13 agencies at the same level on an annual basis, unless the
14 Authority determines that a local administering agency is not
15 meeting the criteria set forth in Section 25 or is not adhering
16 to other standards set forth by rule by the Authority.
 
17     Section 20. Grants for affordable housing developments.
18     (a) The Authority may award grants under the program
19 directly for the development of affordable rental housing for
20 long-term operating support to enable the rent on such units to
21 be affordable. Developers of such new housing shall apply
22 directly to the Authority for this type of grant under the
23 program.
24     (b) The Authority shall prescribe by rule the application
25 requirements and the qualifications necessary for a developer
26 and a development to qualify for a grant under the program. In
27 any event, however, to qualify for a grant, the development
28 must satisfy the criteria set forth in Section 25, unless
29 waived by the Authority based on special circumstances and in
30 furtherance of the purpose of the program to increase the
31 supply of affordable rental housing. In awarding grants under
32 this Section and in addition to any other requirements and
33 qualifications specified in this Act and by rule, the Authority

 

 

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1 shall also consider the improvement of the geographic diversity
2 of the developments under this Section among the decision
3 criteria.
4     (c) The Authority must use at least 10% of the funds
5 generated for the Program in any given year for grants under
6 this Section. In any given year, the Authority is not required
7 to spend the 10% of its funds that accrues in that year but may
8 add all or part of that 10% to the 10% allocation for
9 subsequent years for the purpose of funding grants under this
10 Section.
 
11     Section 25. Criteria for awarding grants. The Authority
12 shall adopt rules to govern the awarding of grants and the
13 continuing eligibility for grants under Sections 15 and 20.
14 Requests for proposals under Section 20 must specify that
15 proposals must satisfy these rules. The rules must contain and
16 be consistent with, but need not be limited to, the following
17 criteria:
18         (1) Eligibility for tenancy in the units supported by
19     grants to local administering agencies must be limited to
20     households with gross income at or below 30% of the median
21     family income for the area in which the grant will be made.
22     Fifty percent of the units that are supported by any grant
23     must be set aside for households whose income is at or
24     below 15% of the area median family income for the area in
25     which the grant will be made, provided that local
26     administering agencies may negotiate flexibility in this
27     set-aside with the Authority if they demonstrate that they
28     have been unable to locate sufficient tenants in this lower
29     income range. Income eligibility for units supported by
30     grants to local administering agencies must be verified
31     annually by landlords and submitted to local administering
32     agencies. Tenants must have sufficient income to be able to
33     afford the tenant's share of the rent. For grants awarded

 

 

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1     under Section 20, eligibility for tenancy in units
2     supported by grants must be limited to households with a
3     gross income at or below 30% of area median family income
4     for the area in which the grant will be made. Fifty percent
5     of the units that are supported by any grant must be set
6     aside for households whose income is at or below 15% of the
7     median family income for the area in which the grant will
8     be made, provided that developers may negotiate
9     flexibility in this set-aside with the Authority or
10     municipality as defined in subsection (b) of Section 10 if
11     it demonstrates that it has been unable to locate
12     sufficient tenants in this lower income range. The
13     Authority shall determine what sources qualify as a
14     tenant's income.
15         (2) Local administering agencies must include
16     2-bedroom, 3-bedroom, and 4-bedroom units among those
17     intended to be supported by grants under the program. In
18     grants under Section 15, the precise number of these units
19     among all the units intended to be supported by a grant
20     must be based on need in the community for larger units and
21     other factors that the Authority specifies in rules. The
22     local administering agency must specify the basis for the
23     numbers of these units that are proposed for support under
24     a grant. Local administering agencies must make a good
25     faith effort to comply with this allocation of unit sizes.
26     In grants awarded under Section 20, developers and the
27     Authority or municipality, as defined in subsection (b) of
28     Section 10, shall negotiate the numbers and sizes of units
29     to be built in a project and supported by the grant.
30         (3) Under grants awarded under Section 15, local
31     administering agencies must enter into a payment contract
32     with the landlord that defines the method of payment and
33     must pay subsidies to landlords on a quarterly basis and in
34     advance of the quarter paid for.

 

 

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1         (4) Local administering agencies and developers must
2     specify how vacancies in units supported by a grant must be
3     advertised and they must include provisions for outreach to
4     local homeless shelters, organizations that work with
5     people with disabilities, and others interested in
6     affordable housing.
7         (5) The local administering agency or developer must
8     establish a schedule for the tenant's rental obligation for
9     units supported by a grant. The tenant's share of the rent
10     must be a flat amount, calculated annually, based on the
11     size of the unit and the household's income category. In
12     establishing the schedule for the tenant's rental
13     obligation, the local administering agency or developer
14     must use 30% of gross income within an income range as a
15     guide, and it may charge an additional or lesser amount.
16         (6) The amount of the subsidy provided under a grant
17     for a unit must be the difference between the amount of the
18     tenant's obligation and the total amount of rent for the
19     unit. The total amount of rent for the unit must be
20     negotiated between the local administering authority and
21     the landlord under Section 15, or between the Authority or
22     municipality, as defined in subsection (b) of Section 10,
23     and the developer under Section 20, using comparable rents
24     for units of comparable size and condition in the
25     surrounding community as a guideline.
26         (7) Local administering agencies and developers,
27     pursuant to criteria the Authority develops in rules, must
28     ensure that there are procedures in place to maintain the
29     safety and habitability of units supported under grants.
30     Local administering agencies must inspect units before
31     supporting them under a grant awarded under Section 15.
32         (8) Local administering agencies must provide or
33     ensure that tenants are provided with a "bill of rights"
34     with their lease setting forth local landlord-tenant laws

 

 

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1     and procedures and contact information for the local
2     administering agency.
3         (9) A local administering agency must create a plan
4     detailing a process for helping to provide information,
5     when necessary, on how to access education, training, and
6     other supportive services to tenants living in units
7     supported under the grant. The plan must be submitted as a
8     part of the administering agency's proposal to the
9     Authority required under Section 15.
10         (10) Local administering agencies and developers may
11     not use funding under the grant to develop or support
12     housing that requires that a tenant has a particular
13     diagnosis or type or presence of disability as a condition
14     of eligibility for occupancy unless the requirement is
15     mandated by another funding source for the housing.
16         (11) In order to plan for periodic fluctuations in
17     program revenue, the Authority shall establish by rule a
18     mechanism for establishing a reserve fund and the level of
19     funding that shall be held in reserve either by the
20     Authority or by local administering agencies.
 
21     Section 85. The State Finance Act is amended by adding
22 Section 5.640 as follows:
 
23     (30 ILCS 105/5.640 new)
24     Sec. 5.640. The Rental Housing Support Program Fund.
 
25     Section 90. The Counties Code is amended by changing
26 Sections 3-5018 and 4-12002 as follows:
 
27     (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
28     Sec. 3-5018. Fees. The recorder elected as provided for in
29 this Division shall receive such fees as are or may be provided
30 for him by law, in case of provision therefor: otherwise he

 

 

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1 shall receive the same fees as are or may be provided in this
2 Section, except when increased by county ordinance pursuant to
3 the provisions of this Section, to be paid to the county clerk
4 for his services in the office of recorder for like services.
5     For recording deeds or other instruments $12 for the first
6 4 pages thereof, plus $1 for each additional page thereof, plus
7 $1 for each additional document number therein noted. The
8 aggregate minimum fee for recording any one instrument shall
9 not be less than $12.
10     For recording deeds or other instruments wherein the
11 premises affected thereby are referred to by document number
12 and not by legal description a fee of $1 in addition to that
13 hereinabove referred to for each document number therein noted.
14     For recording assignments of mortgages, leases or liens $12
15 for the first 4 pages thereof, plus $1 for each additional page
16 thereof. However, except for leases and liens pertaining to
17 oil, gas and other minerals, whenever a mortgage, lease or lien
18 assignment assigns more than one mortgage, lease or lien
19 document, a $7 fee shall be charged for the recording of each
20 such mortgage, lease or lien document after the first one.
21     For recording maps or plats of additions or subdivisions
22 approved by the county or municipality (including the spreading
23 of the same of record in map case or other proper books) or
24 plats of condominiums $50 for the first page, plus $1 for each
25 additional page thereof except that in the case of recording a
26 single page, legal size 8 1/2 x 14, plat of survey in which
27 there are no more than two lots or parcels of land, the fee
28 shall be $12. In each county where such maps or plats are to be
29 recorded, the recorder may require the same to be accompanied
30 by such number of exact, true and legible copies thereof as the
31 recorder deems necessary for the efficient conduct and
32 operation of his office.
33     For certified copies of records the same fees as for
34 recording, but in no case shall the fee for a certified copy of

 

 

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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 following
14 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 ink,
22     by hand, type, or computer. Signatures and dates may be in
23     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.
27     Margins may be used for non-essential notations that will
28     not affect the validity of the document, including but not
29     limited to form numbers, page numbers, and customer
30     notations.
31         (4) The first page of the document shall contain a
32     blank space, measuring at least 3 inches by 5 inches, from
33     the upper right corner.
34         (5) The document shall not have any attachment stapled

 

 

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1     or otherwise affixed to any page.
2 A document that does not conform to these standards shall not
3 be recorded except upon payment of the additional fee required
4 under this paragraph. This paragraph, as amended by this
5 amendatory Act of 1995, applies only to documents dated after
6 the effective date of this amendatory Act of 1995.
7     The county board of any county may provide for an
8 additional charge of $3 for filing every instrument, paper, or
9 notice for record, (1) in order to defray the cost of
10 converting the county recorder's document storage system to
11 computers or micrographics and (2) in order to defray the cost
12 of providing access to records through the global information
13 system known as the Internet.
14     A special fund shall be set up by the treasurer of the
15 county and such funds collected pursuant to Public Act 83-1321
16 shall be used (1) for a document storage system to provide the
17 equipment, materials and necessary expenses incurred to help
18 defray the costs of implementing and maintaining such a
19 document records system and (2) for a system to provide
20 electronic access to those records.
21     The county board of any county that provides and maintains
22 a countywide map through a Geographic Information System (GIS)
23 may provide for an additional charge of $3 for filing every
24 instrument, paper, or notice for record (1) in order to defray
25 the cost of implementing or maintaining the county's Geographic
26 Information System and (2) in order to defray the cost of
27 providing electronic access to the county's Geographic
28 Information System records. Of that amount, $2 must be
29 deposited into a special fund set up by the treasurer of the
30 county, and any moneys collected pursuant to this amendatory
31 Act of the 91st General Assembly and deposited into that fund
32 must be used solely for the equipment, materials, and necessary
33 expenses incurred in implementing and maintaining a Geographic
34 Information System and in order to defray the cost of providing

 

 

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1 electronic access to the county's Geographic Information
2 System records. The remaining $1 must be deposited into the
3 recorder's special funds created under Section 3-5005.4. The
4 recorder may, in his or her discretion, use moneys in the funds
5 created under Section 3-5005.4 to defray the cost of
6 implementing or maintaining the county's Geographic
7 Information System and to defray the cost of providing
8 electronic access to the county's Geographic Information
9 System records.
10     The recorder shall collect a $10 Rental Housing Support
11 Program State surcharge for the recordation of any real
12 estate-related document. Payment of the Rental Housing Support
13 Program State surcharge shall be evidenced by a receipt that
14 shall be marked upon or otherwise affixed to the real
15 estate-related document by the recorder. The form of this
16 receipt shall be prescribed by the Department of Revenue and
17 the receipts shall be issued by the Department of Revenue to
18 each county recorder.
19     The recorder shall not collect the Rental Housing Support
20 Program State surcharge from any unit of local government or
21 any school district.
22     One dollar of each surcharge shall be retained by the
23 county in which it was collected. This dollar shall be
24 deposited into the county's general revenue fund. Fifty cents
25 of that amount shall be used for the costs of administering the
26 Rental Housing Support Program State surcharge and any other
27 lawful expenditures for the operation of the office of the
28 recorder and may not be appropriated or expended for any other
29 purpose. The amounts available to the recorder for expenditure
30 from the surcharge shall not offset or reduce any other county
31 appropriations or funding for the office of the recorder.
32     On the 15th day of each month, each county recorder shall
33 report to the Department of Revenue, on a form prescribed by
34 the Department, the number of real estate-related documents

 

 

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1 recorded for which the Rental Housing Support Program State
2 surcharge was collected. Each recorder shall submit $9 of each
3 surcharge collected in the preceding month to the Department of
4 Revenue and the Department shall deposit these amounts in the
5 Rental Housing Support Program Fund. Subject to appropriation,
6 amounts in the Fund may be expended only for the purpose of
7 funding and administering the Rental Housing Support Program.
8     For purposes of this Section, "real estate-related
9 document" means that term as it is defined in Section 7 of the
10 Rental Housing Support Program Act.
11     The foregoing fees allowed by this Section are the maximum
12 fees that may be collected from any officer, agency, department
13 or other instrumentality of the State. The county board may,
14 however, by ordinance, increase the fees allowed by this
15 Section and collect such increased fees from all persons and
16 entities other than officers, agencies, departments and other
17 instrumentalities of the State if the increase is justified by
18 an acceptable cost study showing that the fees allowed by this
19 Section are not sufficient to cover the cost of providing the
20 service. Regardless of any other provision in this Section, the
21 maximum fee that may be collected from the Department of
22 Revenue for filing or indexing a lien, certificate of lien
23 release or subordination, or any other type of notice or other
24 documentation affecting or concerning a lien is $5. Regardless
25 of any other provision in this Section, the maximum fee that
26 may be collected from the Department of Revenue for indexing
27 each additional name in excess of one for any lien, certificate
28 of lien release or subordination, or any other type of notice
29 or other documentation affecting or concerning a lien is $1.
30     A statement of the costs of providing each service, program
31 and activity shall be prepared by the county board. All
32 supporting documents shall be public record and subject to
33 public examination and audit. All direct and indirect costs, as
34 defined in the United States Office of Management and Budget

 

 

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1 Circular A-87, may be included in the determination of the
2 costs of each service, program and activity.
3 (Source: P.A. 92-16, eff. 6-28-01; 92-492, eff. 1-1-02; 93-256,
4 eff. 7-22-03.)
 
5     (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
6     Sec. 4-12002. Fees of recorder in third class counties. The
7 fees of the recorder in counties of the third class for
8 recording deeds or other instruments in writing and maps of
9 plats of additions, subdivisions or otherwise, and for
10 certifying copies of records, shall be paid in advance and
11 shall be as follows:
12     For recording deeds or other instruments $20 for the first
13 2 pages thereof, plus $2 for each additional page thereof. The
14 aggregate minimum fee for recording any one instrument shall
15 not be less than $20.
16     For recording deeds or other instruments wherein the
17 premises affected thereby are referred to by document number
18 and not by legal description the recorder shall charge a fee of
19 $4 in addition to that hereinabove referred to for each
20 document number therein noted.
21     For recording deeds or other instruments wherein more than
22 one tract, parcel or lot is described and such additional
23 tract, or tracts, parcel or parcels, lot or lots is or are
24 described therein as falling in a separate or different
25 addition or subdivision the recorder shall charge as an
26 additional fee, to that herein provided, the sum of $2 for each
27 additional addition or subdivision referred to in such deed or
28 instrument.
29     For recording maps or plats of additions, subdivisions or
30 otherwise (including the spreading of the same of record in
31 well bound books) $100 plus $2 for each tract, parcel or lot
32 contained therein.
33     For certified copies of records the same fees as for

 

 

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1 recording, but in no case shall the fee for a certified copy of
2 a map or plat of an addition, subdivision or otherwise exceed
3 $200.
4     For non-certified copies of records, an amount not to
5 exceed one half of the amount provided herein for certified
6 copies, according to a standard scale of fees, established by
7 county ordinance and made public.
8     For filing of each release of any chattel mortgage or trust
9 deed which has been filed but not recorded and for indexing the
10 same in the book to be kept for that purpose $10.
11     For processing the sworn or affirmed statement required for
12 filing a deed or assignment of a beneficial interest in a land
13 trust in accordance with Section 3-5020 of this Code, $2.
14     The recorder shall charge an additional fee, in an amount
15 equal to the fee otherwise provided by law, for recording a
16 document (other than a document filed under the Plat Act or the
17 Uniform Commercial Code) that does not conform to the following
18 standards:
19         (1) The document shall consist of one or more
20     individual sheets measuring 8.5 inches by 11 inches, not
21     permanently bound and not a continuous form. Graphic
22     displays accompanying a document to be recorded that
23     measure up to 11 inches by 17 inches shall be recorded
24     without charging an additional fee.
25         (2) The document shall be legibly printed in black ink,
26     by hand, type, or computer. Signatures and dates may be in
27     contrasting colors if they will reproduce clearly.
28         (3) The document shall be on white paper of not less
29     than 20-pound weight and shall have a clean margin of at
30     least one-half inch on the top, the bottom, and each side.
31     Margins may be used only for non-essential notations that
32     will not affect the validity of the document, including but
33     not limited to form numbers, page numbers, and customer
34     notations.

 

 

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1         (4) The first page of the document shall contain a
2     blank space, measuring at least 3 inches by 5 inches, from
3     the upper right corner.
4         (5) The document shall not have any attachment stapled
5     or otherwise affixed to any page.
6 A document that does not conform to these standards shall not
7 be recorded except upon payment of the additional fee required
8 under this paragraph. This paragraph, as amended by this
9 amendatory Act of 1995, applies only to documents dated after
10 the effective date of this amendatory Act of 1995.
11     The recorder shall collect a $10 Rental Housing Support
12 Program State surcharge for the recordation of any real
13 estate-related document. Payment of the Rental Housing Support
14 Program State surcharge shall be evidenced by a receipt that
15 shall be marked upon or otherwise affixed to the real
16 estate-related document by the recorder. The form of this
17 receipt shall be prescribed by the Department of Revenue and
18 the receipts shall be issued by the Department of Revenue to
19 each county recorder.
20     The recorder shall not collect the Rental Housing Support
21 Program State surcharge from any unit of local government or
22 any school district.
23     One dollar of each surcharge shall be retained by the
24 county in which it was collected. This dollar shall be
25 deposited into the county's general revenue fund. Fifty cents
26 of that amount shall be used for the costs of administering the
27 Rental Housing Support Program State surcharge and any other
28 lawful expenditures for the operation of the office of the
29 recorder and may not be appropriated or expended for any other
30 purpose. The amounts available to the recorder for expenditure
31 from the surcharge shall not offset or reduce any other county
32 appropriations or funding for the office of the recorder.
33     On the 15th day of each month, each county recorder shall
34 report to the Department of Revenue, on a form prescribed by

 

 

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1 the Department, the number of real estate-related documents
2 recorded for which the Rental Housing Support Program State
3 surcharge was collected. Each recorder shall submit $9 of each
4 surcharge collected in the preceding month to the Department of
5 Revenue and the Department shall deposit these amounts in the
6 Rental Housing Support Program Fund. Subject to appropriation,
7 amounts in the Fund may be expended only for the purpose of
8 funding and administering the Rental Housing Support Program.
9     For purposes of this Section, "real estate-related
10 document" means that term as it is defined in Section 7 of the
11 Rental Housing Support Program Act.
12     The fee requirements of this Section apply to units of
13 local government and school districts.
14     Regardless of any other provision in this Section, the
15 maximum fee that may be collected from the Department of
16 Revenue for filing or indexing a lien, certificate of lien
17 release or subordination, or any other type of notice or other
18 documentation affecting or concerning a lien is $5. Regardless
19 of any other provision in this Section, the maximum fee that
20 may be collected from the Department of Revenue for indexing
21 each additional name in excess of one for any lien, certificate
22 of lien release or subordination, or any other type of notice
23 or other documentation affecting or concerning a lien is $1.
24 (Source: P.A. 92-492, eff. 1-1-02; 93-671, eff. 6-1-04.)
 
25     Section 99. Effective date. This Act takes effect July 1,
26 2005.".