HB1588 EngrossedLRB098 06214 KTG 40445 b

1    AN ACT concerning property.
 
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 any document that affects an interest in real
9property other than documents which solely affect or relate to
10an easement for water, sewer, electricity, gas, telephone or
11other public service, the recorder shall charge a fee of $1 per
12document to all filers of documents not filed by any State
13agency, any unit of local government, or any school district.
14Fifty cents of the $1 fee hereby established shall be deposited
15into the County General Revenue Fund. The remaining $0.50 shall
16be deposited into the Recorder's Automation Fund and may not be
17appropriated or expended for any other purpose. The additional
18amounts available to the recorder for expenditure from the
19Recorder's Automation Fund shall not offset or reduce any other
20county appropriations or funding for the office of the
21recorder.
22    For recording maps or plats of additions or subdivisions
23approved by the county or municipality (including the spreading
24of the same of record in map case or other proper books) or
25plats of condominiums, $50 for the first page, plus $1 for each
26additional page thereof except that in the case of recording a

 

 

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1single page, legal size 8 1/2 x 14, plat of survey in which
2there are no more than two lots or parcels of land, the fee
3shall be $12. In each county where such maps or plats are to be
4recorded, the recorder may require the same to be accompanied
5by such number of exact, true and legible copies thereof as the
6recorder deems necessary for the efficient conduct and
7operation of his or her office.
8    For non-certified copies of records, an amount not to
9exceed one-half of the amount provided in this Section for
10certified copies, according to a standard scale of fees,
11established by county ordinance and made public. The provisions
12of this paragraph shall not be applicable to any person or
13entity who obtains non-certified copies of records in the
14following manner: (i) in bulk for all documents recorded on any
15given day in an electronic or paper format for a negotiated
16amount less than the amount provided for in this paragraph for
17non-certified copies, (ii) under a contractual relationship
18with the recorder for a negotiated amount less than the amount
19provided for in this paragraph for non-certified copies,
20or (iii) by means of Internet access pursuant to Section
215-1106.1.
22    For certified copies of records, the same fees as for
23recording, but in no case shall the fee for a certified copy of
24a map or plat of an addition, subdivision or otherwise exceed
25$10.
26    Each certificate of such recorder of the recording of the

 

 

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1deed or other writing and of the date of recording the same
2signed by such recorder, shall be sufficient evidence of the
3recording thereof, and such certificate including the indexing
4of record, shall be furnished upon the payment of the fee for
5recording the instrument, and no additional fee shall be
6allowed for the certificate or indexing.
7    The recorder shall charge an additional fee, in an amount
8equal to the fee otherwise provided by law, for recording a
9document (other than a document filed under the Plat Act or the
10Uniform Commercial Code) that does not conform to the following
11standards:
12        (1) The document shall consist of one or more
13    individual sheets measuring 8.5 inches by 11 inches, not
14    permanently bound and not a continuous form. Graphic
15    displays accompanying a document to be recorded that
16    measure up to 11 inches by 17 inches shall be recorded
17    without charging an additional fee.
18        (2) The document shall be legibly printed in black ink,
19    by hand, type, or computer. Signatures and dates may be in
20    contrasting colors if they will reproduce clearly.
21        (3) The document shall be on white paper of not less
22    than 20-pound weight and shall have a clean margin of at
23    least one-half inch on the top, the bottom, and each side.
24    Margins may be used for non-essential notations that will
25    not affect the validity of the document, including but not
26    limited to form numbers, page numbers, and customer

 

 

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1    notations.
2        (4) The first page of the document shall contain a
3    blank space, measuring at least 3 inches by 5 inches, from
4    the upper right corner.
5        (5) The document shall not have any attachment stapled
6    or otherwise affixed to any page.
7A document that does not conform to these standards shall not
8be recorded except upon payment of the additional fee required
9under this paragraph. This paragraph, as amended by this
10amendatory Act of 1995, applies only to documents dated after
11the effective date of this amendatory Act of 1995.
12    The county board of any county may provide for an
13additional charge of $3 for filing every instrument, paper, or
14notice for record, (1) in order to defray the cost of
15converting the county recorder's document storage system to
16computers or micrographics and (2) in order to defray the cost
17of providing access to records through the global information
18system known as the Internet.
19    A special fund shall be set up by the treasurer of the
20county and such funds collected pursuant to Public Act 83-1321
21shall be used (1) for a document storage system to provide the
22equipment, materials and necessary expenses incurred to help
23defray the costs of implementing and maintaining such a
24document records system and (2) for a system to provide
25electronic access to those records.
26    The county board of any county that provides and maintains

 

 

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

 

 

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

 

 

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

 

 

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1supporting documents shall be public record and subject to
2public examination and audit. All direct and indirect costs, as
3defined in the United States Office of Management and Budget
4Circular A-87, may be included in the determination of the
5costs of each service, program and activity.
6(Source: P.A. 96-1356, eff. 7-28-10.)
 
7    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
8    Sec. 4-12002. Fees of recorder in third class counties. The
9fees of the recorder in counties of the third class for
10recording deeds or other instruments in writing and maps of
11plats of additions, subdivisions or otherwise, and for
12certifying copies of records, shall be paid in advance and
13shall be as follows:
14    For recording deeds or other instruments $20 for the first
152 pages thereof, plus $2 for each additional page thereof. The
16aggregate minimum fee for recording any one instrument shall
17not be less than $20.
18    For recording deeds or other instruments wherein the
19premises affected thereby are referred to by document number
20and not by legal description the recorder shall charge a fee of
21$4 in addition to that hereinabove referred to for each
22document number therein noted.
23    For recording deeds or other instruments wherein more than
24one tract, parcel or lot is described and such additional
25tract, or tracts, parcel or parcels, lot or lots is or are

 

 

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1described therein as falling in a separate or different
2addition or subdivision the recorder shall charge as an
3additional fee, to that herein provided, the sum of $2 for each
4additional addition or subdivision referred to in such deed or
5instrument.
6    For recording any document that affects an interest in real
7property other than documents which solely affect or relate to
8an easement for water, sewer, electricity, gas, telephone or
9other public service, the recorder shall charge a fee of $1 per
10document to all filers of documents not filed by any State
11agency, any unit of local government, or any school district.
12Fifty cents of the $1 fee hereby established shall be deposited
13into the County General Revenue Fund. The remaining $0.50 shall
14be deposited into the County Recorder Document Storage System
15Fund and may not be appropriated or expended for any other
16purpose. The additional amounts available to the recorder for
17expenditure from the County Recorder Document Storage System
18Fund shall not offset or reduce any other county appropriations
19or funding for the office of the recorder.
20    For recording maps or plats of additions, subdivisions or
21otherwise (including the spreading of the same of record in
22well bound books) $100 plus $2 for each tract, parcel or lot
23contained therein.
24    For certified copies of records the same fees as for
25recording, but in no case shall the fee for a certified copy of
26a 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
3exceed one half of the amount provided herein for certified
4copies, according to a standard scale of fees, established by
5county ordinance and made public.
6    For filing of each release of any chattel mortgage or trust
7deed which has been filed but not recorded and for indexing the
8same in the book to be kept for that purpose $10.
9    For processing the sworn or affirmed statement required for
10filing a deed or assignment of a beneficial interest in a land
11trust in accordance with Section 3-5020 of this Code, $2.
12    The recorder shall charge an additional fee, in an amount
13equal to the fee otherwise provided by law, for recording a
14document (other than a document filed under the Plat Act or the
15Uniform Commercial Code) that does not conform to the following
16standards:
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 ink,
24    by hand, type, or computer. Signatures and dates may be in
25    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 but
5    not limited to form numbers, page numbers, and customer
6    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.
12A document that does not conform to these standards shall not
13be recorded except upon payment of the additional fee required
14under this paragraph. This paragraph, as amended by this
15amendatory Act of 1995, applies only to documents dated after
16the effective date of this amendatory Act of 1995.
17    The recorder shall collect a $9 $10 Rental Housing Support
18Program State surcharge for the recordation of any real
19estate-related document. Payment of the Rental Housing Support
20Program State surcharge shall be evidenced by a receipt that
21shall be marked upon or otherwise affixed to the real
22estate-related document by the recorder. The form of this
23receipt shall be prescribed by the Department of Revenue and
24the receipts shall be issued by the Department of Revenue to
25each county recorder.
26    The recorder shall not collect the Rental Housing Support

 

 

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

 

 

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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 changing Section 5 as follows:
 
15    (310 ILCS 105/5)
16    Sec. 5. Legislative findings and purpose. The General
17Assembly finds that in many parts of this State, large numbers
18of citizens are faced with the inability to secure affordable
19rental housing. Due to either insufficient wages or a shortage
20of affordable rental housing stock, or both, many families have
21difficulty securing decent housing, are subjected to
22overcrowding, pay too large a portion of their total monthly
23income for housing and consequently suffer the lack of other
24basic needs, live in substandard or unhealthy housing, or

 

 

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1experience chronic housing instability. Instability and
2inadequacy in housing limits the employability and
3productivity of many citizens, adversely affects family health
4and stress levels, and impedes children's ability to learn;
5such instability produces corresponding drains on public
6resources and contributes to an overall decline in real estate
7values. Unaffordable rental rates lead to frequent tenant
8turnover and difficulty filling vacancies, resulting in
9unstable income streams for rental property owners, the limited
10ability of owners to properly maintain their properties,
11substandard rental housing, and greater rates of foreclosure.
12High tenant turnover, poorly maintained properties, vacant and
13abandoned properties, and overcrowded housing negatively
14impact the safety and health of communities and the real estate
15values within such communities. Among others, the program
16created by this Act benefits (i) all individuals who record
17real estate related documents by helping to stabilize real
18estate values in the State, (ii) rental property owners by
19subsidizing the portion of rent that many of their tenants are
20unable to pay, (iii) those individuals who own real estate in
21the State by providing an option for affordable rental housing
22should they one day face foreclosure, and (iv) tenants who
23participate in the program by providing them with rental
24assistance and the ability to achieve financial stability so
25that they are able to become property owners themselves. It is
26the purpose of this Act to create a State program to help

 

 

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1localities address the need for decent, affordable, permanent
2rental housing.
3(Source: P.A. 97-892, eff. 8-3-12.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.