Full Text of HB3878 102nd General Assembly
HB3878enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 3-5018, 3-5018.1, 4-12002, and 4-12002.1 as follows: | 6 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 7 | | Sec. 3-5018. Traditional fee schedule. Except as
provided | 8 | | for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder | 9 | | elected as provided for in this
Division shall receive such | 10 | | fees as are or may be provided for him or her by law,
in case | 11 | | of provision therefor: otherwise he or she shall receive the | 12 | | same fees as
are or may be provided in this Section, except | 13 | | when increased by county
ordinance or resolution pursuant to | 14 | | the provisions of this Section, to be paid to the
county clerk | 15 | | for his or her services in the office of recorder for like | 16 | | services. | 17 | | For recording deeds or other instruments, $12 for the | 18 | | first 4 pages
thereof, plus $1 for each additional page | 19 | | thereof, plus $1 for each
additional document number therein | 20 | | noted. The aggregate minimum fee
for recording any one | 21 | | instrument shall not be less than $12. | 22 | | For recording deeds or other instruments wherein the | 23 | | premises
affected thereby are referred to by document number |
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| 1 | | and not by legal
description, a fee of $1 in addition to that | 2 | | hereinabove referred to for
each document number therein | 3 | | noted. | 4 | | For recording assignments of mortgages, leases or liens, | 5 | | $12 for the
first 4 pages thereof, plus $1 for each additional | 6 | | page thereof. However,
except for leases and liens pertaining | 7 | | to oil, gas and other minerals,
whenever a mortgage, lease or | 8 | | lien assignment assigns more than one
mortgage, lease or lien | 9 | | document, a $7 fee shall be charged for the recording
of each | 10 | | such mortgage, lease or lien document after the first one. | 11 | | For recording any document that affects an interest in | 12 | | real property other than documents which solely affect or | 13 | | relate to an easement for water, sewer, electricity, gas, | 14 | | telephone or other public service, the recorder shall charge a | 15 | | fee of $1 per document to all filers of documents not filed by | 16 | | any State agency, any unit of local government, or any school | 17 | | district. Fifty cents of the $1 fee hereby established shall | 18 | | be deposited into the County General Revenue Fund. The | 19 | | remaining $0.50 shall be deposited into the Recorder's | 20 | | Automation Fund and may not be appropriated or expended for | 21 | | any other purpose. The additional amounts available to the | 22 | | recorder for expenditure from the Recorder's Automation Fund | 23 | | shall not offset or reduce any other county appropriations or | 24 | | funding for the office of the recorder. | 25 | | For recording maps or plats of additions or subdivisions | 26 | | approved by the
county or municipality (including the |
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| 1 | | spreading of the same of record in
map case or other proper | 2 | | books) or plats of condominiums, $50 for the first
page, plus | 3 | | $1 for each additional page thereof except that in the case of
| 4 | | recording a single page, legal size 8 1/2 x 14, plat of survey | 5 | | in which
there are no more than two lots or parcels of land, | 6 | | the fee shall be $12.
In each county where such maps or plats | 7 | | are to be recorded, the recorder
may require the same to be | 8 | | accompanied by such number of exact, true and
legible copies | 9 | | thereof as the recorder deems necessary for the efficient
| 10 | | conduct and operation of his or her office. | 11 | | For non-certified copies of records, an amount not to | 12 | | exceed one-half of the amount provided in this Section for | 13 | | certified copies, according to a standard scale of fees, | 14 | | established by county ordinance or resolution and made public. | 15 | | The provisions of this paragraph shall not be applicable to | 16 | | any person or entity who obtains non-certified copies of | 17 | | records in the following manner: (i) in bulk for all documents | 18 | | recorded on any given day in an electronic or paper format for | 19 | | a negotiated amount less than the amount provided for in this | 20 | | paragraph for non-certified copies, (ii) under a contractual | 21 | | relationship with the recorder for a negotiated amount less | 22 | | than the amount provided for in this paragraph for | 23 | | non-certified copies, or (iii) by means of Internet access | 24 | | pursuant to Section 5-1106.1. | 25 | | For certified copies of records, the same fees as for | 26 | | recording, but
in no case shall the fee for a certified copy of |
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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 | 14 | | following standards: | 15 | | (1) The document shall consist of one or more | 16 | | individual sheets measuring
8.5 inches by 11 inches, not | 17 | | permanently bound and not a continuous form.
Graphic | 18 | | displays accompanying a document to be recorded that | 19 | | measure up to 11
inches by 17 inches shall be recorded | 20 | | without charging an additional fee. | 21 | | (2) The document shall be legibly printed in black | 22 | | ink, by hand, type,
or computer. Signatures and dates may | 23 | | be in contrasting colors if they will
reproduce clearly. | 24 | | (3) The document shall be on white paper of not less | 25 | | than 20-pound
weight and shall have a clean margin of at | 26 | | least one-half inch on the top, the
bottom, and each side. |
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| 1 | | Margins may be used for non-essential notations that
will | 2 | | not affect the validity of the document, including but not | 3 | | limited to
form numbers, page numbers, and customer | 4 | | notations. | 5 | | (4) The first page of the document shall contain a | 6 | | blank space, measuring
at least 3 inches by 5 inches, from | 7 | | the upper right corner. | 8 | | (5) The document shall not have any attachment stapled | 9 | | or otherwise
affixed to any page. | 10 | | A document that does not conform to these standards shall
not | 11 | | be recorded except upon payment of the additional fee required | 12 | | under
this paragraph. This paragraph, as amended by this | 13 | | amendatory Act of 1995,
applies only to documents dated after | 14 | | the effective date of this amendatory
Act of 1995. | 15 | | The county board of any county may provide for an | 16 | | additional charge of $3
for filing every instrument, paper, or | 17 | | notice for record, (1)
in order to
defray the cost of | 18 | | converting the county recorder's document storage system
to | 19 | | computers or micrographics
and (2) in order to defray the cost | 20 | | of providing access to records through
the global
information | 21 | | system known as the Internet. | 22 | | A special fund shall be set up by the treasurer of the | 23 | | county and such
funds collected pursuant to Public Act 83-1321 | 24 | | shall be used (1)
for
a document storage system to provide the | 25 | | equipment, materials and necessary
expenses incurred to help | 26 | | defray the costs of implementing and maintaining
such a |
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| 1 | | document records system
and (2) for a system to provide | 2 | | electronic access to
those records. | 3 | | The county board of any county that provides and maintains | 4 | | a countywide map
through a Geographic Information System (GIS) | 5 | | may provide for an additional
charge of $3 for filing every | 6 | | instrument, paper, or notice for record (1)
in order
to defray | 7 | | the cost of implementing or maintaining the county's | 8 | | Geographic
Information System
and (2) in order to defray the | 9 | | cost of providing electronic or automated access to the
| 10 | | county's
Geographic
Information System or property records.
Of | 11 | | that amount, $2 must be deposited into a special fund
set up by | 12 | | the treasurer of the county, and any moneys collected pursuant | 13 | | to
this amendatory Act of the 91st General Assembly and | 14 | | deposited into that fund
must be used solely for the | 15 | | equipment, materials, and necessary expenses
incurred in | 16 | | implementing and maintaining a Geographic Information System | 17 | | and
in order to defray the cost of providing electronic access | 18 | | to the county's
Geographic Information System records.
The | 19 | | remaining $1 must be deposited into the recorder's special | 20 | | funds created
under Section 3-5005.4. The recorder may, in his | 21 | | or her discretion, use moneys
in the funds created under | 22 | | Section 3-5005.4 to defray the cost of implementing
or | 23 | | maintaining the county's Geographic Information System
and to | 24 | | defray the cost of providing electronic access to the county's
| 25 | | Geographic
Information System records. | 26 | | The recorder shall collect a $18 $9 Rental Housing Support |
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| 1 | | Program State
surcharge for the recordation of any real | 2 | | estate-related document. Payment of the
Rental Housing Support | 3 | | Program State surcharge shall be evidenced by a receipt
that | 4 | | shall be marked upon or otherwise affixed to the real | 5 | | estate-related document
by the recorder. The form of this | 6 | | receipt shall be prescribed by the Department
of Revenue and | 7 | | the receipts shall be issued by the Department of Revenue to
| 8 | | each county recorder. | 9 | | The recorder shall not collect the Rental Housing Support | 10 | | Program State surcharge from any State agency, any unit of | 11 | | local government or any school district. | 12 | | On the 15th day of each month, each county recorder shall | 13 | | report
to the Department of Revenue, on a form prescribed by | 14 | | the Department,
the number of real estate-related documents | 15 | | recorded for which
the Rental Housing Support Program
State | 16 | | surcharge was collected. Each recorder shall submit $18 $9 of | 17 | | each surcharge collected in the
preceding month to the | 18 | | Department of Revenue and the Department
shall deposit these | 19 | | amounts in the Rental Housing Support Program Fund. Subject to | 20 | | appropriation, amounts in the Fund may be expended only for | 21 | | the purpose of funding and administering the Rental Housing | 22 | | Support Program. | 23 | | For purposes of this Section, "real estate-related | 24 | | document" means that term as it is defined in Section 7 of the | 25 | | Rental Housing Support Program Act.
| 26 | | The foregoing fees allowed by this Section are the maximum |
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| 1 | | fees that
may be collected from any officer, agency, | 2 | | department or other
instrumentality of the State. The county | 3 | | board may, however, by ordinance or resolution,
increase the | 4 | | fees allowed by this Section and collect such increased fees
| 5 | | from all persons and entities other than officers, agencies, | 6 | | departments
and other instrumentalities of the State if the | 7 | | increase is justified by an
acceptable cost study showing that | 8 | | the fees allowed by this Section are not
sufficient to cover | 9 | | the cost of providing the service.
Regardless of any other | 10 | | provision in this Section, the maximum fee that may
be | 11 | | collected from the Department of Revenue for filing or | 12 | | indexing a
lien, certificate of lien release or subordination, | 13 | | or any other type of notice
or other documentation affecting | 14 | | or concerning a lien is $5. Regardless of
any other provision | 15 | | in this Section, the maximum fee that may be collected from
the | 16 | | Department of Revenue for indexing each additional name in | 17 | | excess
of one for any lien, certificate of lien release or | 18 | | subordination, or any other
type of notice or other | 19 | | documentation affecting or concerning a lien is $1. | 20 | | A statement of the costs of providing each service, | 21 | | program and activity
shall be prepared by the county board. | 22 | | All supporting documents shall be
public record and subject to | 23 | | public examination and audit. All direct and
indirect costs, | 24 | | as defined in the United States Office of Management and
| 25 | | Budget Circular A-87, may be included in the determination of | 26 | | the costs of
each service, program and activity. |
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| 1 | | (Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19 .) | 2 | | (55 ILCS 5/3-5018.1) | 3 | | Sec. 3-5018.1. Predictable fee schedule. | 4 | | (a) As used in this Section: | 5 | | "Nonstandard document" means: | 6 | | (1) a document that creates a division of a then | 7 | | active existing tax parcel identification number; | 8 | | (2) a document recorded pursuant to the Uniform | 9 | | Commercial Code; | 10 | | (3) a document which is non-conforming, as described | 11 | | in paragraphs (1) through (5) of Section 3-5018; | 12 | | (4) a State lien or a federal lien; | 13 | | (5) a document making specific reference to more than | 14 | | 5 tax parcel identification numbers in the county in which | 15 | | it is presented for recording; or | 16 | | (6) a document making specific reference to more than | 17 | | 5 other document numbers recorded in the county in which | 18 | | it is presented for recording. | 19 | | "Standard document" means any document other than a | 20 | | nonstandard document. | 21 | | (b) On or before January 1, 2019, a county shall adopt and | 22 | | implement, by ordinance or resolution, a predictable fee | 23 | | schedule that eliminates surcharges or fees based on the | 24 | | individual attributes of a standard document to be recorded. | 25 | | The initial predictable fee schedule approved by a county |
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| 1 | | board shall be set only as allowed under subsections (c) and | 2 | | (d) and any subsequent predictable fee schedule approved by a | 3 | | county board shall be set only as allowed under subsection | 4 | | (e). Except as to the recording of standard documents, the | 5 | | fees imposed by Section 3-5018 shall remain in effect. Under a | 6 | | predictable fee schedule, no charge shall be based on: page | 7 | | count; number, length, or type of legal descriptions; number | 8 | | of tax identification or other parcel identifying code | 9 | | numbers; number of common addresses; number of references | 10 | | contained as to other recorded documents or document numbers; | 11 | | or any other individual attribute of the document except as | 12 | | expressly provided in this Section. The fee charged under this | 13 | | Section shall be inclusive of all county and State fees that | 14 | | the county may elect or is required to impose or adjust, | 15 | | including, but not limited to, GIS fees, automation fees, | 16 | | document storage fees, and the Rental Housing Support Program | 17 | | State surcharge. | 18 | | A predictable fee schedule ordinance or resolution adopted | 19 | | under this Section shall list standard document fees, | 20 | | including document class flat fees as required by subsection | 21 | | (c), and non-standard document fees. | 22 | | Before approval of an ordinance or resolution under this | 23 | | Section, the recorder or county clerk shall post a notice in | 24 | | their office at least 2 weeks prior, but not more than 4 weeks | 25 | | prior, to the public meeting at which the ordinance or | 26 | | resolution may be adopted. The notice shall contain the |
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| 1 | | proposed ordinance or resolution number, if any, the proposed | 2 | | document class flat fees for each classification, and a | 3 | | reference to this Section or this amendatory Act of the 100th | 4 | | General Assembly. | 5 | | A predictable fee schedule takes effect 60 days after an | 6 | | ordinance or resolution is adopted. | 7 | | (c) Pursuant to an ordinance or resolution adopted under | 8 | | subsection (b), the recorder elected as provided for in this | 9 | | Division shall receive such fees as are or may be provided for | 10 | | him or her by law, in case of provision thereof: otherwise he | 11 | | or she shall receive the same fees as are or may be provided in | 12 | | this Section except when increased by county ordinance or | 13 | | resolution pursuant to the provisions of this Section, to be | 14 | | paid to the county clerk for his or her services in the office | 15 | | of recorder for like services. For the purposes of the fee | 16 | | charged, the ordinance or resolution shall divide standard | 17 | | documents into the following classifications and shall | 18 | | establish a single, all inclusive, county and State-imposed | 19 | | aggregate fee charged for each such classification of document | 20 | | at the time of recording for that document, which is called the | 21 | | document class flat fee. A standard document is not subject to | 22 | | more than one classification at the time of recording for the | 23 | | purposes of imposing any fee. Each standard document shall | 24 | | fall within one of the following document class flat fee | 25 | | classifications and fees for each document class shall be | 26 | | charged only as allowed by this subsection (c) and subsection |
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| 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 |
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| 1 | | minimum $13 $12 county fee plus $18 $9 for the Rental | 2 | | Housing Support Program State surcharge). | 3 | | (5) Miscellaneous. The aggregate fee for recording | 4 | | documents not otherwise falling within classifications set | 5 | | forth in paragraphs (1) through (4) and are not | 6 | | nonstandard documents shall not be less than $31 $21 | 7 | | (being a minimum $13 $12 county fee plus $18 $9 for the | 8 | | Rental Housing Support Program State surcharge).
Nothing | 9 | | in this subsection shall preclude an alternate predictable | 10 | | fee schedule for electronic recording within each of the | 11 | | classifications set forth in this subsection (c). If the | 12 | | Rental Housing Support Program State surcharge is amended | 13 | | and the surcharge is increased or lowered, the aggregate | 14 | | amount of the document flat fee attributable to the | 15 | | surcharge in the document may be changed accordingly. | 16 | | (d) If an ordinance or resolution establishing a | 17 | | predictable fee schedule is adopted pursuant to subsection (b) | 18 | | and any document class flat fee exceeds $31 $21 ,
the county | 19 | | board shall: | 20 | | (1) obtain from the clerk or recorder an analysis of | 21 | | the average fees collected for the recording of each of | 22 | | the classifications under subsection (c) based on the 3 | 23 | | previous years of recording data, and, if a cost study has | 24 | | not been performed, set respective document class flat | 25 | | fees for each of the 5 document classifications at the | 26 | | average for that class rounded upward to the next whole |
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| 1 | | dollar amount; or | 2 | | (2) if a cost study has been completed within the last | 3 | | 3 years that shows $31 $21 is not sufficient to cover the | 4 | | costs of providing the services related to each document | 5 | | class, obtain from the clerk or recorder an analysis of | 6 | | the average fees collected for the recording of each of | 7 | | the document classifications under subsection (c) from the | 8 | | date of the cost study and set respective document class | 9 | | flat fees for each of the 5 document classifications at | 10 | | the average for that document class rounded upward to the | 11 | | next whole dollar amount. | 12 | | (e) After a document class flat fee is approved by a county | 13 | | board under subsection (b), the county board may, by ordinance | 14 | | or resolution, increase the document class flat fee and | 15 | | collect the increased fees only if the increase is justified | 16 | | by a cost study that shows that the fees allowed by subsections | 17 | | (c) and (d) are not sufficient to cover the cost of providing | 18 | | the service related to the document class for which the fee is | 19 | | to be increased. A statement of the costs of providing each | 20 | | service, program, and activity shall be prepared by the county | 21 | | board. All supporting documents shall be public record and | 22 | | subject to public examination and audit. All direct and | 23 | | indirect costs, as defined in the United States Office of | 24 | | Management and Budget Circular A-87, may be included in the | 25 | | determination of the costs of each service, program, and | 26 | | activity. |
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| 1 | | Nothing in this Section precludes a county board from | 2 | | adjusting amounts or allocations within a given document class | 3 | | flat fee as long as the document class flat fee is not | 4 | | increased.
| 5 | | (Source: P.A. 100-271, eff. 8-22-17.)
| 6 | | (55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
| 7 | | Sec. 4-12002. Fees of recorder in third class counties. | 8 | | Except as provided for in Section 4-12002.1, the fees of
the | 9 | | recorder in counties of the third class for recording deeds or | 10 | | other
instruments in writing and maps of plats of additions, | 11 | | subdivisions or
otherwise, and for certifying copies of | 12 | | records, shall be paid in advance
and shall be as follows:
| 13 | | For recording deeds or other instruments $20 for the first | 14 | | 2 pages
thereof, plus $2 for each additional page thereof. The | 15 | | aggregate minimum fee
for recording
any one instrument shall | 16 | | not be less than $20.
| 17 | | For recording deeds or other instruments wherein the | 18 | | premises
affected thereby are referred to by document number | 19 | | and not by legal
description the recorder shall charge a fee of | 20 | | $4 in addition
to that hereinabove referred to for each | 21 | | document number therein noted.
| 22 | | For recording deeds or other instruments wherein more than | 23 | | one tract,
parcel or lot is described and such additional | 24 | | tract, or tracts, parcel
or parcels, lot or lots is or are | 25 | | described therein as falling in a
separate or different |
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| 1 | | addition or subdivision the recorder
shall charge as an | 2 | | additional fee, to that herein provided, the sum of
$2 for each | 3 | | additional addition or subdivision referred to in such deed
or | 4 | | instrument.
| 5 | | For recording any document that affects an interest in | 6 | | real property other than documents which solely affect or | 7 | | relate to an easement for water, sewer, electricity, gas, | 8 | | telephone or other public service, the recorder shall charge a | 9 | | fee of $1 per document to all filers of documents not filed by | 10 | | any State agency, any unit of local government, or any school | 11 | | district. Fifty cents of the $1 fee hereby established shall | 12 | | be deposited into the County General Revenue Fund. The | 13 | | remaining $0.50 shall be deposited into the County Recorder | 14 | | Document Storage System Fund and may not be appropriated or | 15 | | expended for any other purpose. The additional amounts | 16 | | available to the recorder for expenditure from the County | 17 | | Recorder Document Storage System Fund shall not offset or | 18 | | reduce any other county appropriations or funding for the | 19 | | office of the recorder. | 20 | | For recording maps or plats of additions, subdivisions or | 21 | | otherwise
(including the spreading of the same of record in | 22 | | well bound books) $100
plus $2 for each tract, parcel or lot | 23 | | contained therein.
| 24 | | For certified copies of records the same fees as for | 25 | | recording, but
in no case shall the fee for a certified copy of | 26 | | a map or plat of an
addition, subdivision or otherwise exceed |
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| 1 | | $200.
| 2 | | For non-certified copies of records, an amount not to | 3 | | exceed one half of
the amount provided herein for certified | 4 | | copies, according to a standard scale
of fees, established by | 5 | | county ordinance and made public.
| 6 | | For filing of each release of any chattel mortgage or | 7 | | trust deed
which has been filed but not recorded and for | 8 | | indexing the same in the
book to be kept for that purpose $10.
| 9 | | For processing the sworn or affirmed statement required | 10 | | for filing a deed
or assignment of a beneficial interest in a | 11 | | land trust in accordance with
Section 3-5020 of this Code, $2.
| 12 | | The recorder shall charge an additional fee, in an amount | 13 | | equal to the
fee otherwise provided by law, for recording a | 14 | | document (other than a
document filed under the Plat Act or the | 15 | | Uniform Commercial Code) that does
not conform to
the | 16 | | following standards:
| 17 | | (1) The document shall consist of one or more | 18 | | individual sheets
measuring 8.5 inches by 11 inches, not | 19 | | permanently bound and not a
continuous form. Graphic | 20 | | displays accompanying a document to be recorded
that | 21 | | measure up to 11 inches by 17 inches shall be recorded | 22 | | without charging
an additional fee.
| 23 | | (2) The document shall be legibly printed in black | 24 | | ink,
by hand, type, or
computer. Signatures and dates may
| 25 | | be
in contrasting colors if they will reproduce clearly.
| 26 | | (3) The document shall be on white paper of not less |
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| 1 | | than 20-pound
weight and shall have a clean margin of at | 2 | | least one-half inch on the top, the
bottom, and each side. | 3 | | Margins may be used only for non-essential notations
that | 4 | | will not affect the validity of the document, including | 5 | | but not limited to
form numbers, page numbers, and | 6 | | customer notations.
| 7 | | (4) The first page of the document shall contain a | 8 | | blank space, measuring
at least 3 inches by 5 inches, from | 9 | | the upper right corner.
| 10 | | (5) The document shall not have any attachment stapled | 11 | | or otherwise
affixed to any page.
| 12 | | A document that does not conform to these standards shall
not | 13 | | be recorded except upon payment of the additional fee required | 14 | | under
this paragraph. This paragraph, as amended by this | 15 | | amendatory Act of 1995,
applies only to documents dated after | 16 | | the effective date of this amendatory
Act of 1995.
| 17 | | The recorder shall collect a $18 $9 Rental Housing Support | 18 | | Program State surcharge for the recordation of any real | 19 | | estate-related document. Payment of the Rental Housing Support | 20 | | Program State surcharge shall be evidenced by a receipt that | 21 | | shall be marked upon or otherwise affixed to the real | 22 | | estate-related document by the recorder. The form of this | 23 | | receipt shall be prescribed by the Department of Revenue and | 24 | | the receipts shall be issued by the Department of Revenue to | 25 | | each county recorder.
| 26 | | The recorder shall not collect the Rental Housing Support |
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| 1 | | Program State surcharge from any State agency, any unit of | 2 | | local government or any school district.
| 3 | | On the 15th day of each month, each county recorder shall | 4 | | report
to the Department of Revenue, on a form prescribed by | 5 | | the Department,
the number of real estate-related documents | 6 | | recorded for which
the Rental Housing Support Program
State | 7 | | surcharge was collected. Each recorder shall submit $18 $9 of | 8 | | each surcharge collected in the
preceding month to the | 9 | | Department of Revenue and the Department
shall deposit these | 10 | | amounts in the Rental Housing Support Program Fund. Subject to | 11 | | appropriation, amounts in the Fund may be expended only for | 12 | | the purpose of funding and administering the Rental Housing | 13 | | Support Program. | 14 | | For purposes of this Section, "real estate-related | 15 | | document" means that term as it is defined in Section 7 of the | 16 | | Rental Housing Support Program Act.
| 17 | | The fee requirements of this Section apply to units of | 18 | | local
government and school districts.
| 19 | | Regardless of any other provision in this Section, the | 20 | | maximum fee that may
be collected from the Department of | 21 | | Revenue for filing or indexing a
lien, certificate of lien | 22 | | release or subordination, or any other type of notice
or other | 23 | | documentation affecting or concerning a lien is $5. Regardless | 24 | | of any
other provision in this Section, the maximum fee that | 25 | | may be collected from the
Department of Revenue for indexing | 26 | | each additional name in excess of
one for any lien, |
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| 1 | | certificate of lien release or subordination, or any other
| 2 | | type of notice or other documentation affecting or concerning | 3 | | a lien is $1.
| 4 | | (Source: P.A. 100-1034, eff. 1-1-19 .)
| 5 | | (55 ILCS 5/4-12002.1) | 6 | | Sec. 4-12002.1. Predictable fee schedule for recordings in | 7 | | third class counties. | 8 | | (a) As used in this Section: | 9 | | "Nonstandard document" means: | 10 | | (1) a document that creates a division of a then
| 11 | | active existing tax parcel identification number; | 12 | | (2) a document recorded pursuant to the Uniform
| 13 | | Commercial Code; | 14 | | (3) a document which is non-conforming, as described
| 15 | | in paragraphs (1) through (5) of Section 4-12002; | 16 | | (4) a State lien or a federal lien; | 17 | | (5) a document making specific reference to more than
| 18 | | 5 tax parcel identification numbers in the county in which | 19 | | it is presented for recording; or | 20 | | (6) a document making specific reference to more than
| 21 | | 5 other document numbers recorded in the county in which | 22 | | it is presented for recording. | 23 | | "Standard document" means any document other than a | 24 | | nonstandard document. | 25 | | (b) On or before January 1, 2020, a county shall adopt and |
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| 1 | | implement, by ordinance or resolution, a predictable fee | 2 | | schedule that eliminates surcharges or fees based on the | 3 | | individual attributes of a standard document to be recorded. | 4 | | The initial predictable fee schedule approved by a county | 5 | | board shall be set only as allowed under subsection (c) and any | 6 | | subsequent predictable fee schedule approved by a county board | 7 | | shall be set only as allowed under subsection (d). Except as to | 8 | | the recording of standard documents, the fees imposed by | 9 | | Section 4-12002 shall remain in effect. Under a predictable | 10 | | fee schedule, which only applies to standard documents, no | 11 | | charge shall be based on: page count; number, length, or type | 12 | | of legal descriptions; number of tax identification or other | 13 | | parcel identifying code numbers; number of common addresses; | 14 | | number of references contained as to other recorded documents | 15 | | or document numbers; or any other individual attribute of the | 16 | | document except as expressly provided in this Section. The fee | 17 | | charged under this Section shall be inclusive of all county | 18 | | and State fees that the county may elect or is required to | 19 | | impose or adjust, including, but not limited to, GIS fees, | 20 | | automation fees, document storage fees, and the Rental Housing | 21 | | Support Program State surcharge. | 22 | | A predictable fee schedule ordinance or resolution adopted | 23 | | under this Section shall list standard document fees, | 24 | | including document class flat fees as required by subsection | 25 | | (c), and nonstandard document fees. | 26 | | Before approval of an ordinance or resolution under this |
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| 1 | | Section, the recorder or county clerk shall post a notice in | 2 | | his or her office at least 2 weeks prior, but not more than 4 | 3 | | weeks prior, to the public meeting at which the ordinance or | 4 | | resolution may be adopted. The notice shall contain the | 5 | | proposed ordinance or resolution number, if any, the proposed | 6 | | document class flat fees for each classification, and a | 7 | | reference to this Section or this amendatory Act of the 100th | 8 | | General Assembly. | 9 | | A predictable fee schedule takes effect 60 days after an | 10 | | ordinance or resolution is adopted. | 11 | | (c) Pursuant to an ordinance or resolution adopted under | 12 | | subsection (b), the recorder elected as provided for in this | 13 | | Division shall receive such fees as are or may be provided for | 14 | | him or her by law, in case of provision thereof: otherwise he | 15 | | or she shall receive the same fees as are or may be provided in | 16 | | this Section except when increased by county ordinance or | 17 | | resolution pursuant to the provisions of this Section, to be | 18 | | paid to the county clerk for his or her services in the office | 19 | | of recorder for like services. For the purposes of the fee | 20 | | charged, the ordinance or resolution shall divide standard | 21 | | documents into the following classifications and shall | 22 | | establish a single, all-inclusive, county and State-imposed | 23 | | aggregate fee charged for each such classification of document | 24 | | at the time of recording for that document, which is called the | 25 | | document class flat fee. A standard document is not subject to | 26 | | more than one classification at the time of recording for the |
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| 1 | | purposes of imposing any fee. Each standard document shall | 2 | | fall within one of the following document class flat fee | 3 | | classifications and fees for each document class shall be | 4 | | charged only as allowed by this subsection (c) and subsection | 5 | | (d): | 6 | | (1) Deeds. The aggregate fee for recording deeds shall | 7 | | not be less than $39 $29 (being a minimum $21 $20 county | 8 | | fee plus $18 $9 for the Rental Housing Support Program | 9 | | State surcharge). Inclusion of language in the deed as to | 10 | | any restriction; covenant; lien; oil, gas, or other | 11 | | mineral interest; easement; lease; or a mortgage shall not | 12 | | alter the classification of a document as a deed. | 13 | | (2) Leases, lease amendments, and similar transfer of
| 14 | | interest documents. The aggregate fee for recording | 15 | | leases, lease amendments, and similar transfers of | 16 | | interest documents shall not be less than $39 $29 (being a | 17 | | minimum $21 $20 county fee plus $18 $9 for the Rental | 18 | | Housing Support Program State surcharge). | 19 | | (3) Mortgages. The aggregate fee for recording
| 20 | | mortgages, including assignments, extensions, amendments, | 21 | | subordinations, and mortgage releases shall not be less | 22 | | than $39 $29 (being a minimum $21 $20 county fee plus $18 | 23 | | $9 for the Rental Housing Support Program State | 24 | | surcharge). | 25 | | (4) Easements not otherwise part of another
| 26 | | classification. The aggregate fee for recording easements |
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| 1 | | not otherwise part of another classification, including | 2 | | assignments, extensions, amendments, and easement releases | 3 | | not filed by a State agency, unit of local government, or | 4 | | school district shall not be less than $39 $29 (being a | 5 | | minimum $21 $20 county fee plus $18 $9 for the Rental | 6 | | Housing Support Program State surcharge). | 7 | | (5) Miscellaneous. The aggregate fee for recording
| 8 | | documents not otherwise falling within classifications set | 9 | | forth in paragraphs (1) through (4) and are not | 10 | | nonstandard documents shall not be less than $39 $29 | 11 | | (being a minimum $21 $20 county fee plus $18 $9 for the | 12 | | Rental Housing Support Program State surcharge). Nothing | 13 | | in this subsection shall preclude an alternate predictable | 14 | | fee schedule for electronic recording within each of the | 15 | | classifications set forth in this subsection (c). If the | 16 | | Rental Housing Support Program State surcharge is amended | 17 | | and the surcharge is increased or lowered, the aggregate | 18 | | amount of the document flat fee attributable to the | 19 | | surcharge in the document may be changed accordingly. | 20 | | (d) After a document class flat fee is approved by a county | 21 | | board under subsection (b), the county board may, by ordinance | 22 | | or resolution, increase the document class flat fee and | 23 | | collect the increased fees if the established fees are not | 24 | | sufficient to cover the costs of providing the services | 25 | | related to the document class for which the fee is to be | 26 | | increased. |
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| 1 | | Nothing in this Section precludes a county board from | 2 | | adjusting amounts or allocations within a given document class | 3 | | flat fee when the document class flat fee is not increased.
| 4 | | (Source: P.A. 100-1034, eff. 1-1-19 .) | 5 | | Section 10. The Rental Housing Support
Program Act is | 6 | | amended by changing Section 15 and by adding Section 30 as | 7 | | follows: | 8 | | (310 ILCS 105/15)
| 9 | | Sec. 15. Grants to local administering agencies. | 10 | | (a) Under the program, the Authority shall make grants to | 11 | | local
administering agencies to provide subsidies to landlords | 12 | | to enable the
landlords to charge rent affordable for | 13 | | low-income tenants. Grants shall also
include an amount for | 14 | | the operating expenses of local administering agencies.
On an | 15 | | annual basis, operating expenses for local administering | 16 | | agencies shall not exceed 10% for grants under $500,000 and | 17 | | shall not exceed 7% for grants over $500,000. If a grant to a | 18 | | local administering agency covers more than one year, the | 19 | | Authority shall calculate operating expenses on an annual pro | 20 | | rata share of the grant. If the annual pro rata share is | 21 | | $500,000 or less, then the fee shall be 10%; if the annual pro | 22 | | rata share is greater than $500,000, then the fee shall be 7%.
| 23 | | (b) The Authority shall develop a request-for-proposals | 24 | | process for
soliciting proposals from local administering |
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| 1 | | agencies and for
awarding grants. The request-for-proposals | 2 | | process and the funded projects must
be consistent with the | 3 | | criteria set forth in Section 25 and with
additional criteria | 4 | | set forth by the Authority in rules implementing this Act.
As | 5 | | part of the request-for-proposal process and subject to the | 6 | | requirements contained in subsection (d), best efforts will be | 7 | | used to prioritize local administering agencies that serve the | 8 | | county in which annual receipts were collected upon receipt of | 9 | | current data from the Department of Revenue applicable to the | 10 | | annual receipts.
| 11 | | (c) Local administering agencies may be local governmental | 12 | | bodies, local
housing authorities, or not-for-profit | 13 | | organizations. The Authority shall
set forth in rules the | 14 | | financial and capacity requirements necessary for an
| 15 | | organization to qualify as a local administering agency and | 16 | | the parameters for administration of the grants by local | 17 | | administering agencies.
The Authority shall use best efforts | 18 | | through outreach to local administering agencies to encourage | 19 | | at least one local administering agency to serve each county, | 20 | | subject to subsection (d).
| 21 | | (d) The Authority shall distribute grants to local | 22 | | administering agencies
according to a formula based on U.S. | 23 | | Census data. The formula shall determine
percentages of the | 24 | | funds to be distributed to the following geographic areas:
(i)
| 25 | | Chicago; (ii) suburban areas: Cook County (excluding Chicago), | 26 | | DuPage County,
Lake County, Kane County, Will County, and |
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| 1 | | McHenry County; (iii) small
metropolitan areas: Springfield, | 2 | | Rockford, Peoria, Decatur, Champaign-Urbana,
| 3 | | Bloomington-Normal, Rock Island, DeKalb, Madison County, | 4 | | Moline, Pekin,
Rantoul, and St. Clair County; and (iv) rural | 5 | | areas, defined as all areas of the State not specifically | 6 | | named in items (i), (ii), and (iii) of this subsection. A | 7 | | geographic area's
percentage share shall be determined by the | 8 | | total number of households that
have an annual income of less | 9 | | than 50% of State median income for a household
of 4, as | 10 | | determined by the U.S. Department of Housing and Urban | 11 | | Development, and that are paying more than 30% of their income | 12 | | for rent. The geographic distribution shall be re-determined
| 13 | | by the Authority each time new U.S. Census data becomes | 14 | | available. The
Authority shall phase in any changes to the | 15 | | geographic formula to prevent a
large
withdrawal of resources | 16 | | from one area that could negatively impact households
| 17 | | receiving rental housing support.
Up to 20% of the funds | 18 | | allocated for rural areas, as defined in this subsection, may | 19 | | be set aside and awarded to one administering agency to be | 20 | | distributed throughout the rural areas in the State to | 21 | | localities that desire a number of subsidized units of housing | 22 | | that is too small to justify the establishment of a full local | 23 | | program. In those localities, the administering agency may | 24 | | contract with local agencies to share the administrative tasks | 25 | | of the program, such as inspections of units.
| 26 | | (e) In order to ensure applications from all geographic |
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| 1 | | areas of the
State, the
Authority shall create a plan to ensure | 2 | | that potential local
administering agencies have
ample time | 3 | | and support to consider making an application and to prepare | 4 | | an
application.
Such a plan must include, but is not limited | 5 | | to: an outreach and education plan
regarding
the program and | 6 | | the requirements for a local administering agency; ample time
| 7 | | between the
initial
notice of funding ability and the deadline | 8 | | to submit an application, which
shall not be less than 9
| 9 | | months;
and access to assistance from the Authority or another | 10 | | agency in considering
and preparing the application.
| 11 | | (f) In order to maintain consistency for households | 12 | | receiving rental housing
support, the Authority shall, to the | 13 | | extent possible given funding resources available in the | 14 | | Rental Housing Support Program,
continue to fund local | 15 | | administering agencies at the same level on an annual
basis, | 16 | | unless the Authority determines that a local administering | 17 | | agency is not
meeting the criteria set forth in Section 25 or | 18 | | is not adhering to other standards set forth by rule by the | 19 | | Authority.
| 20 | | (Source: P.A. 97-952, eff. 1-1-13.) | 21 | | (310 ILCS 105/30 new) | 22 | | Sec. 30. Illinois Rental Housing Support Program Funding | 23 | | Allocation Task Force. | 24 | | (a) The Illinois Rental Housing Support Program Funding | 25 | | Allocation Task Force is hereby created. The Task Force shall |
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| 1 | | consist of the following members: | 2 | | (1) One member appointed by the President of the | 3 | | Senate. | 4 | | (2) One member appointed by the Minority Leader of the | 5 | | Senate. | 6 | | (3) One member appointed by the Speaker of the House | 7 | | of Representatives. | 8 | | (4) One member appointed by the Minority Leader of the | 9 | | House of Representatives. | 10 | | (5) One member appointed by the Illinois Housing | 11 | | Development Authority. | 12 | | (6) One member representing the Chicago Low-Income | 13 | | Housing Trust Fund, appointed by the Board of Directors of | 14 | | the Trust Fund. | 15 | | (7) One member representing a local administering | 16 | | agency from Cook County (excluding Chicago), DuPage | 17 | | County, Lake County, Kane County, Will County, or McHenry | 18 | | County, appointed by the Governor. | 19 | | (8) One member, appointed by the Governor, | 20 | | representing a local administering agency
from a small | 21 | | metropolitan area from one of the following areas: | 22 | | Springfield, Rockford, Peoria, Decatur, Champaign, Urbana, | 23 | | Bloomington, Normal, Rock Island, DeKalb, Madison County, | 24 | | Moline, Pekin, Rantoul, or St. Clair County. | 25 | | (9) One member representing a local administering | 26 | | agency from a rural area, appointed by the Governor; as |
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| 1 | | used in this paragraph, "rural area" means an area of the | 2 | | State that is not specifically named in paragraph (7) or | 3 | | (8). | 4 | | (10) Three members from an organization representing | 5 | | Illinois county clerks and recorders, appointed by the | 6 | | Governor, as follows: | 7 | | (A) one member from Cook County (excluding | 8 | | Chicago), DuPage County, Lake County, Kane County, | 9 | | Will County, or McHenry County; | 10 | | (B) one member from a small metropolitan area from | 11 | | one of the following areas: the cities of Springfield, | 12 | | Rockford, Peoria, Decatur, Champaign, Urbana, | 13 | | Bloomington, Normal, Rock Island, DeKalb, Moline, | 14 | | Pekin, or Rantoul or Madison County or St. Clair | 15 | | County; and | 16 | | (C) one member from a rural area, appointed by the | 17 | | Governor; as used in this subparagraph, "rural area" | 18 | | means an area of the State that is not specifically | 19 | | named in subparagraph (A) or (B). | 20 | | (11) Up to two members representing a Section | 21 | | 501(c)(3) affordable housing advocacy organization, | 22 | | appointed by the Governor. | 23 | | (12) One additional member appointed by the Governor. | 24 | | Members of the Task Force must be appointed no later than | 25 | | 30 days after the effective date of this amendatory Act of the | 26 | | 102nd General Assembly. If any members are not appointed |
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| 1 | | within the 30-day period, the entity or person responsible for | 2 | | making the appointment shall be deemed to have forfeited the | 3 | | right to make such appointment. | 4 | | (b) Once appointed, the members shall elect a chairperson | 5 | | and vice chairperson by a simple majority vote. | 6 | | If a vacancy occurs on the Task Force, it shall be filled | 7 | | according to the initial appointment. | 8 | | At the discretion of the chair, additional individuals may | 9 | | participate as nonvoting members in the meetings of the Task | 10 | | Force. | 11 | | Members of the Task Force shall serve without | 12 | | compensation. The Illinois Housing Development Authority shall | 13 | | provide staff and administrative services to the Task Force. | 14 | | (c) Once all members have been appointed, the Task Force | 15 | | shall meet not less than 3 times to carry out the duties | 16 | | prescribed in this Section. Members of the Task Force may | 17 | | attend such meetings virtually. | 18 | | (d) A report delineating the Task Force's findings, | 19 | | conclusions, and recommendations shall be submitted to the | 20 | | General Assembly no later than September 30, 2023. | 21 | | (e) The members of the Task Force are exempt from | 22 | | requirements of the State Officials and Employees Ethics Act, | 23 | | the Illinois Governmental Ethics Act, or any other applicable | 24 | | law or regulation that would require Task Force members to | 25 | | complete trainings, disclosures, or other filings since the | 26 | | Task Force is of limited duration and is charged only with |
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| 1 | | delivering a non-binding report. | 2 | | (f) The Task Force shall study and make recommendations | 3 | | regarding the equitable distribution of rental housing support | 4 | | funds across the State. The Task Force shall also work with the | 5 | | Illinois Housing Development Authority as funding allocations | 6 | | will be required to be adjusted due to data released by the | 7 | | United States Census Bureau on the 2020 decennial census. | 8 | | (g) This Section is repealed on September 30, 2024.
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2023.
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