97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5252

 

Introduced 2/8/2012, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-5018  from Ch. 34, par. 3-5018
55 ILCS 5/4-12002  from Ch. 34, par. 4-12002
310 ILCS 105/97 new

    Amends the Counties Code and the Rental Housing Support Program Act. Removes language requiring one dollar of each surcharge to be retained by the county in which it was collected and deposited into the county's general revenue fund. Provides that each recorder shall submit the surcharges (rather than $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. Adds a severability clause to the Rental Housing Support Program Act. Effective immediately.


LRB097 16333 KTG 61488 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5252LRB097 16333 KTG 61488 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 3-5018 and 4-12002 as follows:
 
6    (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
7    Sec. 3-5018. Fees. The recorder elected as provided for in
8this Division shall receive such fees as are or may be provided
9for him or her by law, in case of provision therefor: otherwise
10he or she shall receive the same fees as are or may be provided
11in this Section, except when increased by county ordinance
12pursuant to the provisions of this Section, to be paid to the
13county clerk for his or her services in the office of recorder
14for like services.
15    For recording deeds or other instruments, $12 for the first
164 pages thereof, plus $1 for each additional page thereof, plus
17$1 for each additional document number therein noted. The
18aggregate minimum fee for recording any one instrument shall
19not be less than $12.
20    For recording deeds or other instruments wherein the
21premises affected thereby are referred to by document number
22and not by legal description, a fee of $1 in addition to that
23hereinabove referred to for each document number therein noted.

 

 

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1    For recording assignments of mortgages, leases or liens,
2$12 for the first 4 pages thereof, plus $1 for each additional
3page thereof. However, except for leases and liens pertaining
4to oil, gas and other minerals, whenever a mortgage, lease or
5lien assignment assigns more than one mortgage, lease or lien
6document, a $7 fee shall be charged for the recording of each
7such mortgage, lease or lien document after the first one.
8    For recording maps or plats of additions or subdivisions
9approved by the county or municipality (including the spreading
10of the same of record in map case or other proper books) or
11plats of condominiums, $50 for the first page, plus $1 for each
12additional page thereof except that in the case of recording a
13single page, legal size 8 1/2 x 14, plat of survey in which
14there are no more than two lots or parcels of land, the fee
15shall be $12. In each county where such maps or plats are to be
16recorded, the recorder may require the same to be accompanied
17by such number of exact, true and legible copies thereof as the
18recorder deems necessary for the efficient conduct and
19operation of his or her office.
20    For non-certified copies of records, an amount not to
21exceed one-half of the amount provided in this Section for
22certified copies, according to a standard scale of fees,
23established by county ordinance and made public. The provisions
24of this paragraph shall not be applicable to any person or
25entity who obtains non-certified copies of records in the
26following manner: (i) in bulk for all documents recorded on any

 

 

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1given day in an electronic or paper format for a negotiated
2amount less than the amount provided for in this paragraph for
3non-certified copies, (ii) under a contractual relationship
4with the recorder for a negotiated amount less than the amount
5provided for in this paragraph for non-certified copies,
6or (iii) by means of Internet access pursuant to Section
75-1106.1.
8    For certified copies of records, the same fees as for
9recording, but in no case shall the fee for a certified copy of
10a map or plat of an addition, subdivision or otherwise exceed
11$10.
12    Each certificate of such recorder of the recording of the
13deed or other writing and of the date of recording the same
14signed by such recorder, shall be sufficient evidence of the
15recording thereof, and such certificate including the indexing
16of record, shall be furnished upon the payment of the fee for
17recording the instrument, and no additional fee shall be
18allowed for the certificate or indexing.
19    The recorder shall charge an additional fee, in an amount
20equal to the fee otherwise provided by law, for recording a
21document (other than a document filed under the Plat Act or the
22Uniform Commercial Code) that does not conform to the following
23standards:
24        (1) The document shall consist of one or more
25    individual sheets measuring 8.5 inches by 11 inches, not
26    permanently bound and not a continuous form. Graphic

 

 

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1    displays accompanying a document to be recorded that
2    measure up to 11 inches by 17 inches shall be recorded
3    without charging an additional fee.
4        (2) The document shall be legibly printed in black ink,
5    by hand, type, or computer. Signatures and dates may be in
6    contrasting colors if they will reproduce clearly.
7        (3) The document shall be on white paper of not less
8    than 20-pound weight and shall have a clean margin of at
9    least one-half inch on the top, the bottom, and each side.
10    Margins may be used for non-essential notations that will
11    not affect the validity of the document, including but not
12    limited to form numbers, page numbers, and customer
13    notations.
14        (4) The first page of the document shall contain a
15    blank space, measuring at least 3 inches by 5 inches, from
16    the upper right corner.
17        (5) The document shall not have any attachment stapled
18    or otherwise affixed to any page.
19A document that does not conform to these standards shall not
20be recorded except upon payment of the additional fee required
21under this paragraph. This paragraph, as amended by this
22amendatory Act of 1995, applies only to documents dated after
23the effective date of this amendatory Act of 1995.
24    The county board of any county may provide for an
25additional charge of $3 for filing every instrument, paper, or
26notice for record, (1) in order to defray the cost of

 

 

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1converting the county recorder's document storage system to
2computers or micrographics and (2) in order to defray the cost
3of providing access to records through the global information
4system known as the Internet.
5    A special fund shall be set up by the treasurer of the
6county and such funds collected pursuant to Public Act 83-1321
7shall be used (1) for a document storage system to provide the
8equipment, materials and necessary expenses incurred to help
9defray the costs of implementing and maintaining such a
10document records system and (2) for a system to provide
11electronic access to those records.
12    The county board of any county that provides and maintains
13a countywide map through a Geographic Information System (GIS)
14may provide for an additional charge of $3 for filing every
15instrument, paper, or notice for record (1) in order to defray
16the cost of implementing or maintaining the county's Geographic
17Information System and (2) in order to defray the cost of
18providing electronic access to the county's Geographic
19Information System records. Of that amount, $2 must be
20deposited into a special fund set up by the treasurer of the
21county, and any moneys collected pursuant to this amendatory
22Act of the 91st General Assembly and deposited into that fund
23must be used solely for the equipment, materials, and necessary
24expenses incurred in implementing and maintaining a Geographic
25Information System and in order to defray the cost of providing
26electronic access to the county's Geographic Information

 

 

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

 

 

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1recorder and may not be appropriated or expended for any other
2purpose. The amounts available to the recorder for expenditure
3from the surcharge shall not offset or reduce any other county
4appropriations or funding for the office of the recorder.
5    On the 15th day of each month, each county recorder shall
6report to the Department of Revenue, on a form prescribed by
7the Department, the number of real estate-related documents
8recorded for which the Rental Housing Support Program State
9surcharge was collected. Each recorder shall submit the
10surcharges $9 of each surcharge collected in the preceding
11month to the Department of Revenue and the Department shall
12deposit these amounts in the Rental Housing Support Program
13Fund. Subject to appropriation, amounts in the Fund may be
14expended only for the purpose of funding and administering the
15Rental Housing Support Program.
16    For purposes of this Section, "real estate-related
17document" means that term as it is defined in Section 7 of the
18Rental Housing Support Program Act.
19    The foregoing fees allowed by this Section are the maximum
20fees that may be collected from any officer, agency, department
21or other instrumentality of the State. The county board may,
22however, by ordinance, increase the fees allowed by this
23Section and collect such increased fees from all persons and
24entities other than officers, agencies, departments and other
25instrumentalities of the State if the increase is justified by
26an acceptable cost study showing that the fees allowed by this

 

 

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1Section are not sufficient to cover the cost of providing the
2service. Regardless of any other provision in this Section, the
3maximum fee that may be collected from the Department of
4Revenue for filing or indexing a lien, certificate of lien
5release or subordination, or any other type of notice or other
6documentation affecting or concerning a lien is $5. Regardless
7of any other provision in this Section, the maximum fee that
8may be collected from the Department of Revenue for indexing
9each additional name in excess of one for any lien, certificate
10of lien release or subordination, or any other type of notice
11or other documentation affecting or concerning a lien is $1.
12    A statement of the costs of providing each service, program
13and activity shall be prepared by the county board. All
14supporting documents shall be public record and subject to
15public examination and audit. All direct and indirect costs, as
16defined in the United States Office of Management and Budget
17Circular A-87, may be included in the determination of the
18costs of each service, program and activity.
19(Source: P.A. 96-1356, eff. 7-28-10.)
 
20    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
21    Sec. 4-12002. Fees of recorder in third class counties. The
22fees of the recorder in counties of the third class for
23recording deeds or other instruments in writing and maps of
24plats of additions, subdivisions or otherwise, and for
25certifying copies of records, shall be paid in advance and

 

 

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1shall be as follows:
2    For recording deeds or other instruments $20 for the first
32 pages thereof, plus $2 for each additional page thereof. The
4aggregate minimum fee for recording any one instrument shall
5not be less than $20.
6    For recording deeds or other instruments wherein the
7premises affected thereby are referred to by document number
8and not by legal description the recorder shall charge a fee of
9$4 in addition to that hereinabove referred to for each
10document number therein noted.
11    For recording deeds or other instruments wherein more than
12one tract, parcel or lot is described and such additional
13tract, or tracts, parcel or parcels, lot or lots is or are
14described therein as falling in a separate or different
15addition or subdivision the recorder shall charge as an
16additional fee, to that herein provided, the sum of $2 for each
17additional addition or subdivision referred to in such deed or
18instrument.
19    For recording maps or plats of additions, subdivisions or
20otherwise (including the spreading of the same of record in
21well bound books) $100 plus $2 for each tract, parcel or lot
22contained therein.
23    For certified copies of records the same fees as for
24recording, but in no case shall the fee for a certified copy of
25a map or plat of an addition, subdivision or otherwise exceed
26$200.

 

 

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1    For non-certified copies of records, an amount not to
2exceed one half of the amount provided herein for certified
3copies, according to a standard scale of fees, established by
4county ordinance and made public.
5    For filing of each release of any chattel mortgage or trust
6deed which has been filed but not recorded and for indexing the
7same in the book to be kept for that purpose $10.
8    For processing the sworn or affirmed statement required for
9filing a deed or assignment of a beneficial interest in a land
10trust in accordance with Section 3-5020 of this Code, $2.
11    The recorder shall charge an additional fee, in an amount
12equal to the fee otherwise provided by law, for recording a
13document (other than a document filed under the Plat Act or the
14Uniform Commercial Code) that does not conform to the following
15standards:
16        (1) The document shall consist of one or more
17    individual sheets measuring 8.5 inches by 11 inches, not
18    permanently bound and not a continuous form. Graphic
19    displays accompanying a document to be recorded that
20    measure up to 11 inches by 17 inches shall be recorded
21    without charging an additional fee.
22        (2) The document shall be legibly printed in black ink,
23    by hand, type, or computer. Signatures and dates may be in
24    contrasting colors if they will reproduce clearly.
25        (3) The document shall be on white paper of not less
26    than 20-pound weight and shall have a clean margin of at

 

 

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1    least one-half inch on the top, the bottom, and each side.
2    Margins may be used only for non-essential notations that
3    will not affect the validity of the document, including but
4    not limited to form numbers, page numbers, and customer
5    notations.
6        (4) The first page of the document shall contain a
7    blank space, measuring at least 3 inches by 5 inches, from
8    the upper right corner.
9        (5) The document shall not have any attachment stapled
10    or otherwise affixed to any page.
11A document that does not conform to these standards shall not
12be recorded except upon payment of the additional fee required
13under this paragraph. This paragraph, as amended by this
14amendatory Act of 1995, applies only to documents dated after
15the effective date of this amendatory Act of 1995.
16    The recorder shall collect a $10 Rental Housing Support
17Program State surcharge for the recordation of any real
18estate-related document. Payment of the Rental Housing Support
19Program State surcharge shall be evidenced by a receipt that
20shall be marked upon or otherwise affixed to the real
21estate-related document by the recorder. The form of this
22receipt shall be prescribed by the Department of Revenue and
23the receipts shall be issued by the Department of Revenue to
24each county recorder.
25    The recorder shall not collect the Rental Housing Support
26Program State surcharge from any State agency, any unit of

 

 

HB5252- 12 -LRB097 16333 KTG 61488 b

1local government or any school district.
2    One dollar of each surcharge shall be retained by the
3county in which it was collected. This dollar shall be
4deposited into the county's general revenue fund. Fifty cents
5of that amount shall be used for the costs of administering the
6Rental Housing Support Program State surcharge and any other
7lawful expenditures for the operation of the office of the
8recorder and may not be appropriated or expended for any other
9purpose. The amounts available to the recorder for expenditure
10from the surcharge shall not offset or reduce any other county
11appropriations or funding for the office of the recorder.
12    On the 15th day of each month, each county recorder shall
13report to the Department of Revenue, on a form prescribed by
14the Department, the number of real estate-related documents
15recorded for which the Rental Housing Support Program State
16surcharge was collected. Each recorder shall submit the
17surcharges $9 of each surcharge collected in the preceding
18month to the Department of Revenue and the Department shall
19deposit these amounts in the Rental Housing Support Program
20Fund. Subject to appropriation, amounts in the Fund may be
21expended only for the purpose of funding and administering the
22Rental Housing Support Program.
23    For purposes of this Section, "real estate-related
24document" means that term as it is defined in Section 7 of the
25Rental Housing Support Program Act.
26    The fee requirements of this Section apply to units of

 

 

HB5252- 13 -LRB097 16333 KTG 61488 b

1local government and school districts.
2    Regardless of any other provision in this Section, the
3maximum fee that may be collected from the Department of
4Revenue for filing or indexing a lien, certificate of lien
5release or subordination, or any other type of notice or other
6documentation affecting or concerning a lien is $5. Regardless
7of any other provision in this Section, the maximum fee that
8may be collected from the Department of Revenue for indexing
9each additional name in excess of one for any lien, certificate
10of lien release or subordination, or any other type of notice
11or other documentation affecting or concerning a lien is $1.
12(Source: P.A. 93-671, eff. 6-1-04; 94-118, eff. 7-5-05.)
 
13    Section 10. The Rental Housing Support Program Act is
14amended by adding Section 97 as follows:
 
15    (310 ILCS 105/97 new)
16    Sec. 97. Severability. If any provisions of this Act or its
17application to any person or circumstance is held invalid, the
18invalidity of that provision or application does not affect
19other provisions or applications of this Act that can be given
20effect without the invalid provision or application.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.