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Public Act 102-1135 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing | ||||
Sections 3-5018, 3-5018.1, 4-12002, and 4-12002.1 as follows: | ||||
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | ||||
Sec. 3-5018. Traditional fee schedule. Except as
provided | ||||
for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder | ||||
elected as provided for in this
Division shall receive such | ||||
fees as are or may be provided for him or her by law,
in case | ||||
of provision therefor: otherwise he or she shall receive the | ||||
same fees as
are or may be provided in this Section, except | ||||
when increased by county
ordinance or resolution pursuant to | ||||
the provisions of this Section, to be paid to the
county clerk | ||||
for his or her services in the office of recorder for like | ||||
services. | ||||
For recording deeds or other instruments, $12 for the | ||||
first 4 pages
thereof, plus $1 for each additional page | ||||
thereof, plus $1 for each
additional document number therein | ||||
noted. The aggregate minimum fee
for recording any one | ||||
instrument shall not be less than $12. | ||||
For recording deeds or other instruments wherein the | ||||
premises
affected thereby are referred to by document number |
and not by legal
description, a fee of $1 in addition to that | ||
hereinabove referred to for
each document number therein | ||
noted. | ||
For recording assignments of mortgages, leases or liens, | ||
$12 for the
first 4 pages thereof, plus $1 for each additional | ||
page thereof. However,
except for leases and liens pertaining | ||
to oil, gas and other minerals,
whenever a mortgage, lease or | ||
lien assignment assigns more than one
mortgage, lease or lien | ||
document, a $7 fee shall be charged for the recording
of each | ||
such mortgage, lease or lien document after the first one. | ||
For recording any document that affects an interest in | ||
real property other than documents which solely affect or | ||
relate to an easement for water, sewer, electricity, gas, | ||
telephone or other public service, the recorder shall charge a | ||
fee of $1 per document to all filers of documents not filed by | ||
any State agency, any unit of local government, or any school | ||
district. Fifty cents of the $1 fee hereby established shall | ||
be deposited into the County General Revenue Fund. The | ||
remaining $0.50 shall be deposited into the Recorder's | ||
Automation Fund and may not be appropriated or expended for | ||
any other purpose. The additional amounts available to the | ||
recorder for expenditure from the Recorder's Automation Fund | ||
shall not offset or reduce any other county appropriations or | ||
funding for the office of the recorder. | ||
For recording maps or plats of additions or subdivisions | ||
approved by the
county or municipality (including the |
spreading of the same of record in
map case or other proper | ||
books) or plats of condominiums, $50 for the first
page, plus | ||
$1 for each additional page thereof except that in the case of
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recording a single page, legal size 8 1/2 x 14, plat of survey | ||
in which
there are no more than two lots or parcels of land, | ||
the fee shall be $12.
In each county where such maps or plats | ||
are to be recorded, the recorder
may require the same to be | ||
accompanied by such number of exact, true and
legible copies | ||
thereof as the recorder deems necessary for the efficient
| ||
conduct and operation of his or her office. | ||
For non-certified copies of records, an amount not to | ||
exceed one-half of the amount provided in this Section for | ||
certified copies, according to a standard scale of fees, | ||
established by county ordinance or resolution and made public. | ||
The provisions of this paragraph shall not be applicable to | ||
any person or entity who obtains non-certified copies of | ||
records in the following manner: (i) in bulk for all documents | ||
recorded on any given day in an electronic or paper format for | ||
a negotiated amount less than the amount provided for in this | ||
paragraph for non-certified copies, (ii) under a contractual | ||
relationship with the recorder for a negotiated amount less | ||
than the amount provided for in this paragraph for | ||
non-certified copies, or (iii) by means of Internet access | ||
pursuant to Section 5-1106.1. | ||
For certified copies of records, the same fees as for | ||
recording, but
in no case shall the fee for a certified copy of |
a map or plat of an
addition, subdivision or otherwise exceed | ||
$10. | ||
Each certificate of such recorder of the recording of the | ||
deed or
other writing and of the date of recording the same | ||
signed by such
recorder, shall be sufficient evidence of the | ||
recording thereof, and
such certificate including the indexing | ||
of record, shall be furnished
upon the payment of the fee for | ||
recording the instrument, and no
additional fee shall be | ||
allowed for the certificate or indexing. | ||
The recorder shall charge an additional fee, in an amount | ||
equal to the
fee otherwise provided by law, for recording a | ||
document (other than a
document filed under the Plat Act or the | ||
Uniform Commercial Code) that does
not conform to the | ||
following standards: | ||
(1) The document shall consist of one or more | ||
individual sheets measuring
8.5 inches by 11 inches, not | ||
permanently bound and not a continuous form.
Graphic | ||
displays accompanying a document to be recorded that | ||
measure up to 11
inches by 17 inches shall be recorded | ||
without charging an additional fee. | ||
(2) The document shall be legibly printed in black | ||
ink, by hand, type,
or computer. Signatures and dates may | ||
be in contrasting colors if they will
reproduce clearly. | ||
(3) The document shall be on white paper of not less | ||
than 20-pound
weight and shall have a clean margin of at | ||
least one-half inch on the top, the
bottom, and each side. |
Margins may be used for non-essential notations that
will | ||
not affect the validity of the document, including but not | ||
limited to
form numbers, page numbers, and customer | ||
notations. | ||
(4) The first page of the document shall contain a | ||
blank space, measuring
at least 3 inches by 5 inches, from | ||
the upper right corner. | ||
(5) The document shall not have any attachment stapled | ||
or otherwise
affixed to any page. | ||
A document that does not conform to these standards shall
not | ||
be recorded except upon payment of the additional fee required | ||
under
this paragraph. This paragraph, as amended by this | ||
amendatory Act of 1995,
applies only to documents dated after | ||
the effective date of this amendatory
Act of 1995. | ||
The county board of any county may provide for an | ||
additional charge of $3
for filing every instrument, paper, or | ||
notice for record, (1)
in order to
defray the cost of | ||
converting the county recorder's document storage system
to | ||
computers or micrographics
and (2) in order to defray the cost | ||
of providing access to records through
the global
information | ||
system known as the Internet. | ||
A special fund shall be set up by the treasurer of the | ||
county and such
funds collected pursuant to Public Act 83-1321 | ||
shall be used (1)
for
a document storage system to provide the | ||
equipment, materials and necessary
expenses incurred to help | ||
defray the costs of implementing and maintaining
such a |
document records system
and (2) for a system to provide | ||
electronic access to
those records. | ||
The county board of any county that provides and maintains | ||
a countywide map
through a Geographic Information System (GIS) | ||
may provide for an additional
charge of $3 for filing every | ||
instrument, paper, or notice for record (1)
in order
to defray | ||
the cost of implementing or maintaining the county's | ||
Geographic
Information System
and (2) in order to defray the | ||
cost of providing electronic or automated access to the
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county's
Geographic
Information System or property records.
Of | ||
that amount, $2 must be deposited into a special fund
set up by | ||
the treasurer of the county, and any moneys collected pursuant | ||
to
this amendatory Act of the 91st General Assembly and | ||
deposited into that fund
must be used solely for the | ||
equipment, materials, and necessary expenses
incurred in | ||
implementing and maintaining a Geographic Information System | ||
and
in order to defray the cost of providing electronic access | ||
to the county's
Geographic Information System records.
The | ||
remaining $1 must be deposited into the recorder's special | ||
funds created
under Section 3-5005.4. The recorder may, in his | ||
or her discretion, use moneys
in the funds created under | ||
Section 3-5005.4 to defray the cost of implementing
or | ||
maintaining the county's Geographic Information System
and to | ||
defray the cost of providing electronic access to the county's
| ||
Geographic
Information System records. | ||
The recorder shall collect a $18 $9 Rental Housing Support |
Program State
surcharge for the recordation of any real | ||
estate-related document. Payment of the
Rental Housing Support | ||
Program State surcharge shall be evidenced by a receipt
that | ||
shall be marked upon or otherwise affixed to the real | ||
estate-related document
by the recorder. The form of this | ||
receipt shall be prescribed by the Department
of Revenue and | ||
the receipts shall be issued by the Department of Revenue to
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each county recorder. | ||
The recorder shall not collect the Rental Housing Support | ||
Program State surcharge from any State agency, any unit of | ||
local government or any school district. | ||
On the 15th day of each month, each county recorder shall | ||
report
to the Department of Revenue, on a form prescribed by | ||
the Department,
the number of real estate-related documents | ||
recorded for which
the Rental Housing Support Program
State | ||
surcharge was collected. Each recorder shall submit $18 $9 of | ||
each surcharge collected in the
preceding month to the | ||
Department of Revenue and the Department
shall deposit these | ||
amounts in the Rental Housing Support Program Fund. Subject to | ||
appropriation, amounts in the Fund may be expended only for | ||
the purpose of funding and administering the Rental Housing | ||
Support Program. | ||
For purposes of this Section, "real estate-related | ||
document" means that term as it is defined in Section 7 of the | ||
Rental Housing Support Program Act.
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The foregoing fees allowed by this Section are the maximum |
fees that
may be collected from any officer, agency, | ||
department or other
instrumentality of the State. The county | ||
board may, however, by ordinance or resolution,
increase the | ||
fees allowed by this Section and collect such increased fees
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from all persons and entities other than officers, agencies, | ||
departments
and other instrumentalities of the State if the | ||
increase is justified by an
acceptable cost study showing that | ||
the fees allowed by this Section are not
sufficient to cover | ||
the cost of providing the service.
Regardless of any other | ||
provision in this Section, the maximum fee that may
be | ||
collected from the Department of Revenue for filing or | ||
indexing a
lien, certificate of lien release or subordination, | ||
or any other type of notice
or other documentation affecting | ||
or concerning a lien is $5. Regardless of
any other provision | ||
in this Section, the maximum fee that may be collected from
the | ||
Department of Revenue for indexing each additional name in | ||
excess
of one for any lien, certificate of lien release or | ||
subordination, or any other
type of notice or other | ||
documentation affecting or concerning a lien is $1. | ||
A statement of the costs of providing each service, | ||
program and activity
shall be prepared by the county board. | ||
All supporting documents shall be
public record and subject to | ||
public examination and audit. All direct and
indirect costs, | ||
as defined in the United States Office of Management and
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Budget Circular A-87, may be included in the determination of | ||
the costs of
each service, program and activity. |
(Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19 .) | ||
(55 ILCS 5/3-5018.1) | ||
Sec. 3-5018.1. Predictable fee schedule. | ||
(a) As used in this Section: | ||
"Nonstandard document" means: | ||
(1) a document that creates a division of a then | ||
active existing tax parcel identification number; | ||
(2) a document recorded pursuant to the Uniform | ||
Commercial Code; | ||
(3) a document which is non-conforming, as described | ||
in paragraphs (1) through (5) of Section 3-5018; | ||
(4) a State lien or a federal lien; | ||
(5) a document making specific reference to more than | ||
5 tax parcel identification numbers in the county in which | ||
it is presented for recording; or | ||
(6) a document making specific reference to more than | ||
5 other document numbers recorded in the county in which | ||
it is presented for recording. | ||
"Standard document" means any document other than a | ||
nonstandard document. | ||
(b) On or before January 1, 2019, a county shall adopt and | ||
implement, by ordinance or resolution, a predictable fee | ||
schedule that eliminates surcharges or fees based on the | ||
individual attributes of a standard document to be recorded. | ||
The initial predictable fee schedule approved by a county |
board shall be set only as allowed under subsections (c) and | ||
(d) and any subsequent predictable fee schedule approved by a | ||
county board shall be set only as allowed under subsection | ||
(e). Except as to the recording of standard documents, the | ||
fees imposed by Section 3-5018 shall remain in effect. Under a | ||
predictable fee schedule, no charge shall be based on: page | ||
count; number, length, or type of legal descriptions; number | ||
of tax identification or other parcel identifying code | ||
numbers; number of common addresses; number of references | ||
contained as to other recorded documents or document numbers; | ||
or any other individual attribute of the document except as | ||
expressly provided in this Section. The fee charged under this | ||
Section shall be inclusive of all county and State fees that | ||
the county may elect or is required to impose or adjust, | ||
including, but not limited to, GIS fees, automation fees, | ||
document storage fees, and the Rental Housing Support Program | ||
State surcharge. | ||
A predictable fee schedule ordinance or resolution adopted | ||
under this Section shall list standard document fees, | ||
including document class flat fees as required by subsection | ||
(c), and non-standard document fees. | ||
Before approval of an ordinance or resolution under this | ||
Section, the recorder or county clerk shall post a notice in | ||
their office at least 2 weeks prior, but not more than 4 weeks | ||
prior, to the public meeting at which the ordinance or | ||
resolution may be adopted. The notice shall contain the |
proposed ordinance or resolution number, if any, the proposed | ||
document class flat fees for each classification, and a | ||
reference to this Section or this amendatory Act of the 100th | ||
General Assembly. | ||
A predictable fee schedule takes effect 60 days after an | ||
ordinance or resolution is adopted. | ||
(c) Pursuant to an ordinance or resolution adopted under | ||
subsection (b), the recorder elected as provided for in this | ||
Division shall receive such fees as are or may be provided for | ||
him or her by law, in case of provision thereof: otherwise he | ||
or she shall receive the same fees as are or may be provided in | ||
this Section except when increased by county ordinance or | ||
resolution pursuant to the provisions of this Section, to be | ||
paid to the county clerk for his or her services in the office | ||
of recorder for like services. For the purposes of the fee | ||
charged, the ordinance or resolution shall divide standard | ||
documents into the following classifications and shall | ||
establish a single, all inclusive, county and State-imposed | ||
aggregate fee charged for each such classification of document | ||
at the time of recording for that document, which is called the | ||
document class flat fee. A standard document is not subject to | ||
more than one classification at the time of recording for the | ||
purposes of imposing any fee. Each standard document shall | ||
fall within one of the following document class flat fee | ||
classifications and fees for each document class shall be | ||
charged only as allowed by this subsection (c) and subsection |
(d): | ||
(1) Deeds. The aggregate fee for recording deeds shall | ||
not be less than $31 $21 (being a minimum $13 $12 county | ||
fee plus $18 $9 for the Rental Housing Support Program | ||
State surcharge). Inclusion of language in the deed as to | ||
any restriction; covenant; lien; oil, gas, or other | ||
mineral interest; easement; lease; or a mortgage shall not | ||
alter the classification of a document as a deed. | ||
(2) Leases, lease amendments, and similar transfer of | ||
interest documents. The aggregate fee for recording | ||
leases, lease amendments, and similar transfers of | ||
interest documents shall not be less than $31 $21 (being a | ||
minimum $13 $12 county fee plus $18 $9 for the Rental | ||
Housing Support Program State surcharge). | ||
(3) Mortgages. The aggregate fee for recording | ||
mortgages, including assignments, extensions, amendments, | ||
subordinations, and mortgage releases shall not be less | ||
than $31 $21 (being a minimum $13 $12 county fee plus $18 | ||
$9 for the Rental Housing Support Program State | ||
surcharge). | ||
(4) Easements not otherwise part of another | ||
classification. The aggregate fee for recording easements | ||
not otherwise part of another classification, including | ||
assignments, extensions, amendments, and easement releases | ||
not filed by a State agency, unit of local government, or | ||
school district shall not be less than $31 $21 (being a |
minimum $13 $12 county fee plus $18 $9 for the Rental | ||
Housing Support Program State surcharge). | ||
(5) Miscellaneous. The aggregate fee for recording | ||
documents not otherwise falling within classifications set | ||
forth in paragraphs (1) through (4) and are not | ||
nonstandard documents shall not be less than $31 $21 | ||
(being a minimum $13 $12 county fee plus $18 $9 for the | ||
Rental Housing Support Program State surcharge).
Nothing | ||
in this subsection shall preclude an alternate predictable | ||
fee schedule for electronic recording within each of the | ||
classifications set forth in this subsection (c). If the | ||
Rental Housing Support Program State surcharge is amended | ||
and the surcharge is increased or lowered, the aggregate | ||
amount of the document flat fee attributable to the | ||
surcharge in the document may be changed accordingly. | ||
(d) If an ordinance or resolution establishing a | ||
predictable fee schedule is adopted pursuant to subsection (b) | ||
and any document class flat fee exceeds $31 $21 ,
the county | ||
board shall: | ||
(1) obtain from the clerk or recorder an analysis of | ||
the average fees collected for the recording of each of | ||
the classifications under subsection (c) based on the 3 | ||
previous years of recording data, and, if a cost study has | ||
not been performed, set respective document class flat | ||
fees for each of the 5 document classifications at the | ||
average for that class rounded upward to the next whole |
dollar amount; or | ||
(2) if a cost study has been completed within the last | ||
3 years that shows $31 $21 is not sufficient to cover the | ||
costs of providing the services related to each document | ||
class, obtain from the clerk or recorder an analysis of | ||
the average fees collected for the recording of each of | ||
the document classifications under subsection (c) from the | ||
date of the cost study and set respective document class | ||
flat fees for each of the 5 document classifications at | ||
the average for that document class rounded upward to the | ||
next whole dollar amount. | ||
(e) After a document class flat fee is approved by a county | ||
board under subsection (b), the county board may, by ordinance | ||
or resolution, increase the document class flat fee and | ||
collect the increased fees only if the increase is justified | ||
by a cost study that shows that the fees allowed by subsections | ||
(c) and (d) are not sufficient to cover the cost of providing | ||
the service related to the document class for which the fee is | ||
to be increased. A statement of the costs of providing each | ||
service, program, and activity shall be prepared by the county | ||
board. All supporting documents shall be public record and | ||
subject to public examination and audit. All direct and | ||
indirect costs, as defined in the United States Office of | ||
Management and Budget Circular A-87, may be included in the | ||
determination of the costs of each service, program, and | ||
activity. |
Nothing in this Section precludes a county board from | ||
adjusting amounts or allocations within a given document class | ||
flat fee as long as the document class flat fee is not | ||
increased.
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(Source: P.A. 100-271, eff. 8-22-17.)
| ||
(55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
| ||
Sec. 4-12002. Fees of recorder in third class counties. | ||
Except as provided for in Section 4-12002.1, the fees of
the | ||
recorder in counties of the third class for recording deeds or | ||
other
instruments in writing and maps of plats of additions, | ||
subdivisions or
otherwise, and for certifying copies of | ||
records, shall be paid in advance
and shall be as follows:
| ||
For recording deeds or other instruments $20 for the first | ||
2 pages
thereof, plus $2 for each additional page thereof. The | ||
aggregate minimum fee
for recording
any one instrument shall | ||
not be less than $20.
| ||
For recording deeds or other instruments wherein the | ||
premises
affected thereby are referred to by document number | ||
and not by legal
description the recorder shall charge a fee of | ||
$4 in addition
to that hereinabove referred to for each | ||
document number therein noted.
| ||
For recording deeds or other instruments wherein more than | ||
one tract,
parcel or lot is described and such additional | ||
tract, or tracts, parcel
or parcels, lot or lots is or are | ||
described therein as falling in a
separate or different |
addition or subdivision the recorder
shall charge as an | ||
additional fee, to that herein provided, the sum of
$2 for each | ||
additional addition or subdivision referred to in such deed
or | ||
instrument.
| ||
For recording any document that affects an interest in | ||
real property other than documents which solely affect or | ||
relate to an easement for water, sewer, electricity, gas, | ||
telephone or other public service, the recorder shall charge a | ||
fee of $1 per document to all filers of documents not filed by | ||
any State agency, any unit of local government, or any school | ||
district. Fifty cents of the $1 fee hereby established shall | ||
be deposited into the County General Revenue Fund. The | ||
remaining $0.50 shall be deposited into the County Recorder | ||
Document Storage System Fund and may not be appropriated or | ||
expended for any other purpose. The additional amounts | ||
available to the recorder for expenditure from the County | ||
Recorder Document Storage System Fund shall not offset or | ||
reduce any other county appropriations or funding for the | ||
office of the recorder. | ||
For recording maps or plats of additions, subdivisions or | ||
otherwise
(including the spreading of the same of record in | ||
well bound books) $100
plus $2 for each tract, parcel or lot | ||
contained therein.
| ||
For certified copies of records the same fees as for | ||
recording, but
in no case shall the fee for a certified copy of | ||
a map or plat of an
addition, subdivision or otherwise exceed |
$200.
| ||
For non-certified copies of records, an amount not to | ||
exceed one half of
the amount provided herein for certified | ||
copies, according to a standard scale
of fees, established by | ||
county ordinance and made public.
| ||
For filing of each release of any chattel mortgage or | ||
trust deed
which has been filed but not recorded and for | ||
indexing the same in the
book to be kept for that purpose $10.
| ||
For processing the sworn or affirmed statement required | ||
for filing a deed
or assignment of a beneficial interest in a | ||
land trust in accordance with
Section 3-5020 of this Code, $2.
| ||
The recorder shall charge an additional fee, in an amount | ||
equal to the
fee otherwise provided by law, for recording a | ||
document (other than a
document filed under the Plat Act or the | ||
Uniform Commercial Code) that does
not conform to
the | ||
following standards:
| ||
(1) The document shall consist of one or more | ||
individual sheets
measuring 8.5 inches by 11 inches, not | ||
permanently bound and not a
continuous form. Graphic | ||
displays accompanying a document to be recorded
that | ||
measure up to 11 inches by 17 inches shall be recorded | ||
without charging
an additional fee.
| ||
(2) The document shall be legibly printed in black | ||
ink,
by hand, type, or
computer. Signatures and dates may
| ||
be
in contrasting colors if they will reproduce clearly.
| ||
(3) The document shall be on white paper of not less |
than 20-pound
weight and shall have a clean margin of at | ||
least one-half inch on the top, the
bottom, and each side. | ||
Margins may be used only for non-essential notations
that | ||
will not affect the validity of the document, including | ||
but not limited to
form numbers, page numbers, and | ||
customer notations.
| ||
(4) The first page of the document shall contain a | ||
blank space, measuring
at least 3 inches by 5 inches, from | ||
the upper right corner.
| ||
(5) The document shall not have any attachment stapled | ||
or otherwise
affixed to any page.
| ||
A document that does not conform to these standards shall
not | ||
be recorded except upon payment of the additional fee required | ||
under
this paragraph. This paragraph, as amended by this | ||
amendatory Act of 1995,
applies only to documents dated after | ||
the effective date of this amendatory
Act of 1995.
| ||
The recorder shall collect a $18 $9 Rental Housing Support | ||
Program State surcharge for the recordation of any real | ||
estate-related document. Payment of the Rental Housing Support | ||
Program State surcharge shall be evidenced by a receipt that | ||
shall be marked upon or otherwise affixed to the real | ||
estate-related document by the recorder. The form of this | ||
receipt shall be prescribed by the Department of Revenue and | ||
the receipts shall be issued by the Department of Revenue to | ||
each county recorder.
| ||
The recorder shall not collect the Rental Housing Support |
Program State surcharge from any State agency, any unit of | ||
local government or any school district.
| ||
On the 15th day of each month, each county recorder shall | ||
report
to the Department of Revenue, on a form prescribed by | ||
the Department,
the number of real estate-related documents | ||
recorded for which
the Rental Housing Support Program
State | ||
surcharge was collected. Each recorder shall submit $18 $9 of | ||
each surcharge collected in the
preceding month to the | ||
Department of Revenue and the Department
shall deposit these | ||
amounts in the Rental Housing Support Program Fund. Subject to | ||
appropriation, amounts in the Fund may be expended only for | ||
the purpose of funding and administering the Rental Housing | ||
Support Program. | ||
For purposes of this Section, "real estate-related | ||
document" means that term as it is defined in Section 7 of the | ||
Rental Housing Support Program Act.
| ||
The fee requirements of this Section apply to units of | ||
local
government and school districts.
| ||
Regardless of any other provision in this Section, the | ||
maximum fee that may
be collected from the Department of | ||
Revenue for filing or indexing a
lien, certificate of lien | ||
release or subordination, or any other type of notice
or other | ||
documentation affecting or concerning a lien is $5. Regardless | ||
of any
other provision in this Section, the maximum fee that | ||
may be collected from the
Department of Revenue for indexing | ||
each additional name in excess of
one for any lien, |
certificate of lien release or subordination, or any other
| ||
type of notice or other documentation affecting or concerning | ||
a lien is $1.
| ||
(Source: P.A. 100-1034, eff. 1-1-19 .)
| ||
(55 ILCS 5/4-12002.1) | ||
Sec. 4-12002.1. Predictable fee schedule for recordings in | ||
third class counties. | ||
(a) As used in this Section: | ||
"Nonstandard document" means: | ||
(1) a document that creates a division of a then
| ||
active existing tax parcel identification number; | ||
(2) a document recorded pursuant to the Uniform
| ||
Commercial Code; | ||
(3) a document which is non-conforming, as described
| ||
in paragraphs (1) through (5) of Section 4-12002; | ||
(4) a State lien or a federal lien; | ||
(5) a document making specific reference to more than
| ||
5 tax parcel identification numbers in the county in which | ||
it is presented for recording; or | ||
(6) a document making specific reference to more than
| ||
5 other document numbers recorded in the county in which | ||
it is presented for recording. | ||
"Standard document" means any document other than a | ||
nonstandard document. | ||
(b) On or before January 1, 2020, a county shall adopt and |
implement, by ordinance or resolution, a predictable fee | ||
schedule that eliminates surcharges or fees based on the | ||
individual attributes of a standard document to be recorded. | ||
The initial predictable fee schedule approved by a county | ||
board shall be set only as allowed under subsection (c) and any | ||
subsequent predictable fee schedule approved by a county board | ||
shall be set only as allowed under subsection (d). Except as to | ||
the recording of standard documents, the fees imposed by | ||
Section 4-12002 shall remain in effect. Under a predictable | ||
fee schedule, which only applies to standard documents, no | ||
charge shall be based on: page count; number, length, or type | ||
of legal descriptions; number of tax identification or other | ||
parcel identifying code numbers; number of common addresses; | ||
number of references contained as to other recorded documents | ||
or document numbers; or any other individual attribute of the | ||
document except as expressly provided in this Section. The fee | ||
charged under this Section shall be inclusive of all county | ||
and State fees that the county may elect or is required to | ||
impose or adjust, including, but not limited to, GIS fees, | ||
automation fees, document storage fees, and the Rental Housing | ||
Support Program State surcharge. | ||
A predictable fee schedule ordinance or resolution adopted | ||
under this Section shall list standard document fees, | ||
including document class flat fees as required by subsection | ||
(c), and nonstandard document fees. | ||
Before approval of an ordinance or resolution under this |
Section, the recorder or county clerk shall post a notice in | ||
his or her office at least 2 weeks prior, but not more than 4 | ||
weeks prior, to the public meeting at which the ordinance or | ||
resolution may be adopted. The notice shall contain the | ||
proposed ordinance or resolution number, if any, the proposed | ||
document class flat fees for each classification, and a | ||
reference to this Section or this amendatory Act of the 100th | ||
General Assembly. | ||
A predictable fee schedule takes effect 60 days after an | ||
ordinance or resolution is adopted. | ||
(c) Pursuant to an ordinance or resolution adopted under | ||
subsection (b), the recorder elected as provided for in this | ||
Division shall receive such fees as are or may be provided for | ||
him or her by law, in case of provision thereof: otherwise he | ||
or she shall receive the same fees as are or may be provided in | ||
this Section except when increased by county ordinance or | ||
resolution pursuant to the provisions of this Section, to be | ||
paid to the county clerk for his or her services in the office | ||
of recorder for like services. For the purposes of the fee | ||
charged, the ordinance or resolution shall divide standard | ||
documents into the following classifications and shall | ||
establish a single, all-inclusive, county and State-imposed | ||
aggregate fee charged for each such classification of document | ||
at the time of recording for that document, which is called the | ||
document class flat fee. A standard document is not subject to | ||
more than one classification at the time of recording for the |
purposes of imposing any fee. Each standard document shall | ||
fall within one of the following document class flat fee | ||
classifications and fees for each document class shall be | ||
charged only as allowed by this subsection (c) and subsection | ||
(d): | ||
(1) Deeds. The aggregate fee for recording deeds shall | ||
not be less than $39 $29 (being a minimum $21 $20 county | ||
fee plus $18 $9 for the Rental Housing Support Program | ||
State surcharge). Inclusion of language in the deed as to | ||
any restriction; covenant; lien; oil, gas, or other | ||
mineral interest; easement; lease; or a mortgage shall not | ||
alter the classification of a document as a deed. | ||
(2) Leases, lease amendments, and similar transfer of
| ||
interest documents. The aggregate fee for recording | ||
leases, lease amendments, and similar transfers of | ||
interest documents shall not be less than $39 $29 (being a | ||
minimum $21 $20 county fee plus $18 $9 for the Rental | ||
Housing Support Program State surcharge). | ||
(3) Mortgages. The aggregate fee for recording
| ||
mortgages, including assignments, extensions, amendments, | ||
subordinations, and mortgage releases shall not be less | ||
than $39 $29 (being a minimum $21 $20 county fee plus $18 | ||
$9 for the Rental Housing Support Program State | ||
surcharge). | ||
(4) Easements not otherwise part of another
| ||
classification. The aggregate fee for recording easements |
not otherwise part of another classification, including | ||
assignments, extensions, amendments, and easement releases | ||
not filed by a State agency, unit of local government, or | ||
school district shall not be less than $39 $29 (being a | ||
minimum $21 $20 county fee plus $18 $9 for the Rental | ||
Housing Support Program State surcharge). | ||
(5) Miscellaneous. The aggregate fee for recording
| ||
documents not otherwise falling within classifications set | ||
forth in paragraphs (1) through (4) and are not | ||
nonstandard documents shall not be less than $39 $29 | ||
(being a minimum $21 $20 county fee plus $18 $9 for the | ||
Rental Housing Support Program State surcharge). Nothing | ||
in this subsection shall preclude an alternate predictable | ||
fee schedule for electronic recording within each of the | ||
classifications set forth in this subsection (c). If the | ||
Rental Housing Support Program State surcharge is amended | ||
and the surcharge is increased or lowered, the aggregate | ||
amount of the document flat fee attributable to the | ||
surcharge in the document may be changed accordingly. | ||
(d) After a document class flat fee is approved by a county | ||
board under subsection (b), the county board may, by ordinance | ||
or resolution, increase the document class flat fee and | ||
collect the increased fees if the established fees are not | ||
sufficient to cover the costs of providing the services | ||
related to the document class for which the fee is to be | ||
increased. |
Nothing in this Section precludes a county board from | ||
adjusting amounts or allocations within a given document class | ||
flat fee when the document class flat fee is not increased.
| ||
(Source: P.A. 100-1034, eff. 1-1-19 .) | ||
Section 10. The Rental Housing Support
Program Act is | ||
amended by changing Section 15 and by adding Section 30 as | ||
follows: | ||
(310 ILCS 105/15)
| ||
Sec. 15. Grants to local administering agencies. | ||
(a) Under the program, the Authority shall make grants to | ||
local
administering agencies to provide subsidies to landlords | ||
to enable the
landlords to charge rent affordable for | ||
low-income tenants. Grants shall also
include an amount for | ||
the operating expenses of local administering agencies.
On an | ||
annual basis, operating expenses for local administering | ||
agencies shall not exceed 10% for grants under $500,000 and | ||
shall not exceed 7% for grants over $500,000. If a grant to a | ||
local administering agency covers more than one year, the | ||
Authority shall calculate operating expenses on an annual pro | ||
rata share of the grant. If the annual pro rata share is | ||
$500,000 or less, then the fee shall be 10%; if the annual pro | ||
rata share is greater than $500,000, then the fee shall be 7%.
| ||
(b) The Authority shall develop a request-for-proposals | ||
process for
soliciting proposals from local administering |
agencies and for
awarding grants. The request-for-proposals | ||
process and the funded projects must
be consistent with the | ||
criteria set forth in Section 25 and with
additional criteria | ||
set forth by the Authority in rules implementing this Act.
As | ||
part of the request-for-proposal process and subject to the | ||
requirements contained in subsection (d), best efforts will be | ||
used to prioritize local administering agencies that serve the | ||
county in which annual receipts were collected upon receipt of | ||
current data from the Department of Revenue applicable to the | ||
annual receipts.
| ||
(c) Local administering agencies may be local governmental | ||
bodies, local
housing authorities, or not-for-profit | ||
organizations. The Authority shall
set forth in rules the | ||
financial and capacity requirements necessary for an
| ||
organization to qualify as a local administering agency and | ||
the parameters for administration of the grants by local | ||
administering agencies.
The Authority shall use best efforts | ||
through outreach to local administering agencies to encourage | ||
at least one local administering agency to serve each county, | ||
subject to subsection (d).
| ||
(d) The Authority shall distribute grants to local | ||
administering agencies
according to a formula based on U.S. | ||
Census data. The formula shall determine
percentages of the | ||
funds to be distributed to the following geographic areas:
(i)
| ||
Chicago; (ii) suburban areas: Cook County (excluding Chicago), | ||
DuPage County,
Lake County, Kane County, Will County, and |
McHenry County; (iii) small
metropolitan areas: Springfield, | ||
Rockford, Peoria, Decatur, Champaign-Urbana,
| ||
Bloomington-Normal, Rock Island, DeKalb, Madison County, | ||
Moline, Pekin,
Rantoul, and St. Clair County; and (iv) rural | ||
areas, defined as all areas of the State not specifically | ||
named in items (i), (ii), and (iii) of this subsection. A | ||
geographic area's
percentage share shall be determined by the | ||
total number of households that
have an annual income of less | ||
than 50% of State median income for a household
of 4, as | ||
determined by the U.S. Department of Housing and Urban | ||
Development, and that are paying more than 30% of their income | ||
for rent. The geographic distribution shall be re-determined
| ||
by the Authority each time new U.S. Census data becomes | ||
available. The
Authority shall phase in any changes to the | ||
geographic formula to prevent a
large
withdrawal of resources | ||
from one area that could negatively impact households
| ||
receiving rental housing support.
Up to 20% of the funds | ||
allocated for rural areas, as defined in this subsection, may | ||
be set aside and awarded to one administering agency to be | ||
distributed throughout the rural areas in the State to | ||
localities that desire a number of subsidized units of housing | ||
that is too small to justify the establishment of a full local | ||
program. In those localities, the administering agency may | ||
contract with local agencies to share the administrative tasks | ||
of the program, such as inspections of units.
| ||
(e) In order to ensure applications from all geographic |
areas of the
State, the
Authority shall create a plan to ensure | ||
that potential local
administering agencies have
ample time | ||
and support to consider making an application and to prepare | ||
an
application.
Such a plan must include, but is not limited | ||
to: an outreach and education plan
regarding
the program and | ||
the requirements for a local administering agency; ample time
| ||
between the
initial
notice of funding ability and the deadline | ||
to submit an application, which
shall not be less than 9
| ||
months;
and access to assistance from the Authority or another | ||
agency in considering
and preparing the application.
| ||
(f) In order to maintain consistency for households | ||
receiving rental housing
support, the Authority shall, to the | ||
extent possible given funding resources available in the | ||
Rental Housing Support Program,
continue to fund local | ||
administering agencies at the same level on an annual
basis, | ||
unless the Authority determines that a local administering | ||
agency is not
meeting the criteria set forth in Section 25 or | ||
is not adhering to other standards set forth by rule by the | ||
Authority.
| ||
(Source: P.A. 97-952, eff. 1-1-13.) | ||
(310 ILCS 105/30 new) | ||
Sec. 30. Illinois Rental Housing Support Program Funding | ||
Allocation Task Force. | ||
(a) The Illinois Rental Housing Support Program Funding | ||
Allocation Task Force is hereby created. The Task Force shall |
consist of the following members: | ||
(1) One member appointed by the President of the | ||
Senate. | ||
(2) One member appointed by the Minority Leader of the | ||
Senate. | ||
(3) One member appointed by the Speaker of the House | ||
of Representatives. | ||
(4) One member appointed by the Minority Leader of the | ||
House of Representatives. | ||
(5) One member appointed by the Illinois Housing | ||
Development Authority. | ||
(6) One member representing the Chicago Low-Income | ||
Housing Trust Fund, appointed by the Board of Directors of | ||
the Trust Fund. | ||
(7) One member representing a local administering | ||
agency from Cook County (excluding Chicago), DuPage | ||
County, Lake County, Kane County, Will County, or McHenry | ||
County, appointed by the Governor. | ||
(8) One member, appointed by the Governor, | ||
representing a local administering agency
from a small | ||
metropolitan area from one of the following areas: | ||
Springfield, Rockford, Peoria, Decatur, Champaign, Urbana, | ||
Bloomington, Normal, Rock Island, DeKalb, Madison County, | ||
Moline, Pekin, Rantoul, or St. Clair County. | ||
(9) One member representing a local administering | ||
agency from a rural area, appointed by the Governor; as |
used in this paragraph, "rural area" means an area of the | ||
State that is not specifically named in paragraph (7) or | ||
(8). | ||
(10) Three members from an organization representing | ||
Illinois county clerks and recorders, appointed by the | ||
Governor, as follows: | ||
(A) one member from Cook County (excluding | ||
Chicago), DuPage County, Lake County, Kane County, | ||
Will County, or McHenry County; | ||
(B) one member from a small metropolitan area from | ||
one of the following areas: the cities of Springfield, | ||
Rockford, Peoria, Decatur, Champaign, Urbana, | ||
Bloomington, Normal, Rock Island, DeKalb, Moline, | ||
Pekin, or Rantoul or Madison County or St. Clair | ||
County; and | ||
(C) one member from a rural area, appointed by the | ||
Governor; as used in this subparagraph, "rural area" | ||
means an area of the State that is not specifically | ||
named in subparagraph (A) or (B). | ||
(11) Up to two members representing a Section | ||
501(c)(3) affordable housing advocacy organization, | ||
appointed by the Governor. | ||
(12) One additional member appointed by the Governor. | ||
Members of the Task Force must be appointed no later than | ||
30 days after the effective date of this amendatory Act of the | ||
102nd General Assembly. If any members are not appointed |
within the 30-day period, the entity or person responsible for | ||
making the appointment shall be deemed to have forfeited the | ||
right to make such appointment. | ||
(b) Once appointed, the members shall elect a chairperson | ||
and vice chairperson by a simple majority vote. | ||
If a vacancy occurs on the Task Force, it shall be filled | ||
according to the initial appointment. | ||
At the discretion of the chair, additional individuals may | ||
participate as nonvoting members in the meetings of the Task | ||
Force. | ||
Members of the Task Force shall serve without | ||
compensation. The Illinois Housing Development Authority shall | ||
provide staff and administrative services to the Task Force. | ||
(c) Once all members have been appointed, the Task Force | ||
shall meet not less than 3 times to carry out the duties | ||
prescribed in this Section. Members of the Task Force may | ||
attend such meetings virtually. | ||
(d) A report delineating the Task Force's findings, | ||
conclusions, and recommendations shall be submitted to the | ||
General Assembly no later than September 30, 2023. | ||
(e) The members of the Task Force are exempt from | ||
requirements of the State Officials and Employees Ethics Act, | ||
the Illinois Governmental Ethics Act, or any other applicable | ||
law or regulation that would require Task Force members to | ||
complete trainings, disclosures, or other filings since the | ||
Task Force is of limited duration and is charged only with |
delivering a non-binding report. | ||
(f) The Task Force shall study and make recommendations | ||
regarding the equitable distribution of rental housing support | ||
funds across the State. The Task Force shall also work with the | ||
Illinois Housing Development Authority as funding allocations | ||
will be required to be adjusted due to data released by the | ||
United States Census Bureau on the 2020 decennial census. | ||
(g) This Section is repealed on September 30, 2024.
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2023.
|