Illinois General Assembly - Full Text of SB3167
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Full Text of SB3167  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/1/2012, by Sen. Terry Link


55 ILCS 5/3-5018  from Ch. 34, par. 3-5018
55 ILCS 5/1131 new

    Amends the Counties Code. Authorizes Lake County to establish an affordable housing trust fund. Provides that Lake County may, by ordinance or resolution, provide for an affordable housing trust fund surcharge in the amount of $5 for the recordation of any real estate-related document to fund the affordable housing trust fund. Defines "affordable housing trust fund" and "real estate-related document". Effective immediately.

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SB3167LRB097 17793 KMW 63009 b

1    AN ACT concerning local government.
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 Section
53-5018 and by adding Section 1131 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
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
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
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    Any county that establishes an affordable housing trust
10fund pursuant to Section 5-1131 of this Code may provide by
11ordinance or resolution for an affordable housing trust fund
12surcharge in the amount of $5 for the recordation of any real
13estate-related document for the sole purpose of funding the
14affordable housing trust fund.
15    The recorder shall collect a $10 Rental Housing Support
16Program State surcharge for the recordation of any real
17estate-related document. Payment of the Rental Housing Support
18Program State surcharge shall be evidenced by a receipt that
19shall be marked upon or otherwise affixed to the real
20estate-related document by the recorder. The form of this
21receipt shall be prescribed by the Department of Revenue and
22the receipts shall be issued by the Department of Revenue to
23each county recorder.
24    The recorder shall not collect the Rental Housing Support
25Program State surcharge from any State agency, any unit of
26local government or any school district.



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



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1however, by ordinance, increase the fees allowed by this
2Section and collect such increased fees from all persons and
3entities other than officers, agencies, departments and other
4instrumentalities of the State if the increase is justified by
5an acceptable cost study showing that the fees allowed by this
6Section are not sufficient to cover the cost of providing the
7service. Regardless of any other provision in this Section, the
8maximum fee that may be collected from the Department of
9Revenue for filing or indexing a lien, certificate of lien
10release or subordination, or any other type of notice or other
11documentation affecting or concerning a lien is $5. Regardless
12of any other provision in this Section, the maximum fee that
13may be collected from the Department of Revenue for indexing
14each additional name in excess of one for any lien, certificate
15of lien release or subordination, or any other type of notice
16or other documentation affecting or concerning a lien is $1.
17    A statement of the costs of providing each service, program
18and activity shall be prepared by the county board. All
19supporting documents shall be public record and subject to
20public examination and audit. All direct and indirect costs, as
21defined in the United States Office of Management and Budget
22Circular A-87, may be included in the determination of the
23costs of each service, program and activity.
24(Source: P.A. 96-1356, eff. 7-28-10.)
25    (55 ILCS 5/1131 new)



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1    Sec. 1131. Affordable housing trust fund pilot program;
2surcharge. Lake County may establish an affordable housing
3trust fund. Lake County may provide by ordinance or resolution
4for an affordable housing trust fund surcharge in the amount of
5$5 for the recordation of any real estate-related document for
6the sole purpose of funding the affordable housing trust fund.
7    For purposes of this Section, "affordable housing trust
8fund" means a trust fund established by the county board of
9Lake County by resolution or ordinance for the purpose of
10providing financial support for affordable housing activities
11that address the housing needs of low-income and
12moderate-income households as determined by the county board.
13    For purposes of this Section, "real estate-related
14document" means that term as it is defined in Section 7 of the
15Rental Housing Support Program Act.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.