103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2358 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-5018 from Ch. 34, par. 3-501855 ILCS 5/3-5018.1 55 ILCS 5/4-12002 from Ch. 34, par. 4-12002 55 ILCS 5/4-12002.1310 ILCS 105/15310 ILCS 105/30 new Amends the Counties Code. Changes the Rental Housing Support Program State surcharge a county recorder must collect on each real-estate related document from $9 to $18. Increases the fee a county may charge for recording documents. Makes conforming changes. Amends the Rental Housing Support Program Act. Provides that, as part of the Illinois Housing Development Authority's request-for-proposals process for soliciting proposals from local administering agencies and for awarding grants, 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. Provides that the Authority shall use best efforts through outreach to local administering agencies to encourage at least one local administering agency to serve each county (rather than working with each county to ensure that at least one local administering agency is located within each county). Creates the Illinois Rental Housing Support Program Funding Allocation Task Force, which shall study and make recommendations regarding the equitable distribution of rental housing support funds across the State and shall also work with the 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. Effective January 1, 2024. LRB103 26303 AWJ 52663 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2358 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-5018 from Ch. 34, par. 3-501855 ILCS 5/3-5018.1 55 ILCS 5/4-12002 from Ch. 34, par. 4-12002 55 ILCS 5/4-12002.1310 ILCS 105/15310 ILCS 105/30 new 55 ILCS 5/3-5018 from Ch. 34, par. 3-5018 55 ILCS 5/3-5018.1 55 ILCS 5/4-12002 from Ch. 34, par. 4-12002 55 ILCS 5/4-12002.1 310 ILCS 105/15 310 ILCS 105/30 new Amends the Counties Code. Changes the Rental Housing Support Program State surcharge a county recorder must collect on each real-estate related document from $9 to $18. Increases the fee a county may charge for recording documents. Makes conforming changes. Amends the Rental Housing Support Program Act. Provides that, as part of the Illinois Housing Development Authority's request-for-proposals process for soliciting proposals from local administering agencies and for awarding grants, 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. Provides that the Authority shall use best efforts through outreach to local administering agencies to encourage at least one local administering agency to serve each county (rather than working with each county to ensure that at least one local administering agency is located within each county). Creates the Illinois Rental Housing Support Program Funding Allocation Task Force, which shall study and make recommendations regarding the equitable distribution of rental housing support funds across the State and shall also work with the 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. Effective January 1, 2024. LRB103 26303 AWJ 52663 b LRB103 26303 AWJ 52663 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2358 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-5018 from Ch. 34, par. 3-501855 ILCS 5/3-5018.1 55 ILCS 5/4-12002 from Ch. 34, par. 4-12002 55 ILCS 5/4-12002.1310 ILCS 105/15310 ILCS 105/30 new 55 ILCS 5/3-5018 from Ch. 34, par. 3-5018 55 ILCS 5/3-5018.1 55 ILCS 5/4-12002 from Ch. 34, par. 4-12002 55 ILCS 5/4-12002.1 310 ILCS 105/15 310 ILCS 105/30 new
55 ILCS 5/3-5018 from Ch. 34, par. 3-5018
55 ILCS 5/3-5018.1
55 ILCS 5/4-12002 from Ch. 34, par. 4-12002
55 ILCS 5/4-12002.1
310 ILCS 105/15
310 ILCS 105/30 new
Amends the Counties Code. Changes the Rental Housing Support Program State surcharge a county recorder must collect on each real-estate related document from $9 to $18. Increases the fee a county may charge for recording documents. Makes conforming changes. Amends the Rental Housing Support Program Act. Provides that, as part of the Illinois Housing Development Authority's request-for-proposals process for soliciting proposals from local administering agencies and for awarding grants, 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. Provides that the Authority shall use best efforts through outreach to local administering agencies to encourage at least one local administering agency to serve each county (rather than working with each county to ensure that at least one local administering agency is located within each county). Creates the Illinois Rental Housing Support Program Funding Allocation Task Force, which shall study and make recommendations regarding the equitable distribution of rental housing support funds across the State and shall also work with the 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. Effective January 1, 2024.
LRB103 26303 AWJ 52663 b LRB103 26303 AWJ 52663 b
LRB103 26303 AWJ 52663 b
A BILL FOR
HB2358LRB103 26303 AWJ 52663 b HB2358 LRB103 26303 AWJ 52663 b
HB2358 LRB103 26303 AWJ 52663 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Sections 3-5018, 3-5018.1, 4-12002, and 4-12002.1 as follows:
6 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
7 Sec. 3-5018. Traditional fee schedule. Except as provided
8 for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder
9 elected as provided for in this Division shall receive such
10 fees as are or may be provided for him or her by law, in case
11 of provision therefor: otherwise he or she shall receive the
12 same fees as are or may be provided in this Section, except
13 when increased by county ordinance or resolution pursuant to
14 the provisions of this Section, to be paid to the county clerk
15 for his or her services in the office of recorder for like
16 services.
17 For recording deeds or other instruments, $12 for the
18 first 4 pages thereof, plus $1 for each additional page
19 thereof, plus $1 for each additional document number therein
20 noted. The aggregate minimum fee for recording any one
21 instrument shall not be less than $12.
22 For recording deeds or other instruments wherein the
23 premises affected thereby are referred to by document number
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2358 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-5018 from Ch. 34, par. 3-501855 ILCS 5/3-5018.1 55 ILCS 5/4-12002 from Ch. 34, par. 4-12002 55 ILCS 5/4-12002.1310 ILCS 105/15310 ILCS 105/30 new 55 ILCS 5/3-5018 from Ch. 34, par. 3-5018 55 ILCS 5/3-5018.1 55 ILCS 5/4-12002 from Ch. 34, par. 4-12002 55 ILCS 5/4-12002.1 310 ILCS 105/15 310 ILCS 105/30 new
55 ILCS 5/3-5018 from Ch. 34, par. 3-5018
55 ILCS 5/3-5018.1
55 ILCS 5/4-12002 from Ch. 34, par. 4-12002
55 ILCS 5/4-12002.1
310 ILCS 105/15
310 ILCS 105/30 new
Amends the Counties Code. Changes the Rental Housing Support Program State surcharge a county recorder must collect on each real-estate related document from $9 to $18. Increases the fee a county may charge for recording documents. Makes conforming changes. Amends the Rental Housing Support Program Act. Provides that, as part of the Illinois Housing Development Authority's request-for-proposals process for soliciting proposals from local administering agencies and for awarding grants, 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. Provides that the Authority shall use best efforts through outreach to local administering agencies to encourage at least one local administering agency to serve each county (rather than working with each county to ensure that at least one local administering agency is located within each county). Creates the Illinois Rental Housing Support Program Funding Allocation Task Force, which shall study and make recommendations regarding the equitable distribution of rental housing support funds across the State and shall also work with the 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. Effective January 1, 2024.
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LRB103 26303 AWJ 52663 b
A BILL FOR
55 ILCS 5/3-5018 from Ch. 34, par. 3-5018
55 ILCS 5/3-5018.1
55 ILCS 5/4-12002 from Ch. 34, par. 4-12002
55 ILCS 5/4-12002.1
310 ILCS 105/15
310 ILCS 105/30 new
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1 and not by legal description, a fee of $1 in addition to that
2 hereinabove referred to for each document number therein
3 noted.
4 For recording assignments of mortgages, leases or liens,
5 $12 for the first 4 pages thereof, plus $1 for each additional
6 page thereof. However, except for leases and liens pertaining
7 to oil, gas and other minerals, whenever a mortgage, lease or
8 lien assignment assigns more than one mortgage, lease or lien
9 document, a $7 fee shall be charged for the recording of each
10 such mortgage, lease or lien document after the first one.
11 For recording any document that affects an interest in
12 real property other than documents which solely affect or
13 relate to an easement for water, sewer, electricity, gas,
14 telephone or other public service, the recorder shall charge a
15 fee of $1 per document to all filers of documents not filed by
16 any State agency, any unit of local government, or any school
17 district. Fifty cents of the $1 fee hereby established shall
18 be deposited into the County General Revenue Fund. The
19 remaining $0.50 shall be deposited into the Recorder's
20 Automation Fund and may not be appropriated or expended for
21 any other purpose. The additional amounts available to the
22 recorder for expenditure from the Recorder's Automation Fund
23 shall not offset or reduce any other county appropriations or
24 funding for the office of the recorder.
25 For recording maps or plats of additions or subdivisions
26 approved by the county or municipality (including the
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1 spreading of the same of record in map case or other proper
2 books) or plats of condominiums, $50 for the first page, plus
3 $1 for each additional page thereof except that in the case of
4 recording a single page, legal size 8 1/2 x 14, plat of survey
5 in which there are no more than two lots or parcels of land,
6 the fee shall be $12. In each county where such maps or plats
7 are to be recorded, the recorder may require the same to be
8 accompanied by such number of exact, true and legible copies
9 thereof as the recorder deems necessary for the efficient
10 conduct and operation of his or her office.
11 For non-certified copies of records, an amount not to
12 exceed one-half of the amount provided in this Section for
13 certified copies, according to a standard scale of fees,
14 established by county ordinance or resolution and made public.
15 The provisions of this paragraph shall not be applicable to
16 any person or entity who obtains non-certified copies of
17 records in the following manner: (i) in bulk for all documents
18 recorded on any given day in an electronic or paper format for
19 a negotiated amount less than the amount provided for in this
20 paragraph for non-certified copies, (ii) under a contractual
21 relationship with the recorder for a negotiated amount less
22 than the amount provided for in this paragraph for
23 non-certified copies, or (iii) by means of Internet access
24 pursuant to Section 5-1106.1.
25 For certified copies of records, the same fees as for
26 recording, but in no case shall the fee for a certified copy of
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1 a map or plat of an addition, subdivision or otherwise exceed
2 $10.
3 Each certificate of such recorder of the recording of the
4 deed or other writing and of the date of recording the same
5 signed by such recorder, shall be sufficient evidence of the
6 recording thereof, and such certificate including the indexing
7 of record, shall be furnished upon the payment of the fee for
8 recording the instrument, and no additional fee shall be
9 allowed for the certificate or indexing. A physical or
10 electronic image of the recorder's stamp satisfies the
11 signature requirement for recorded instruments prior to, on,
12 and after the effective date of this amendatory Act of the
13 102nd General Assembly.
14 The recorder shall charge an additional fee, in an amount
15 equal to the fee otherwise provided by law, for recording a
16 document (other than a document filed under the Plat Act or the
17 Uniform Commercial Code) that does not conform to the
18 following standards:
19 (1) The document shall consist of one or more
20 individual sheets measuring 8.5 inches by 11 inches, not
21 permanently bound and not a continuous form. Graphic
22 displays accompanying a document to be recorded that
23 measure up to 11 inches by 17 inches shall be recorded
24 without charging an additional fee.
25 (2) The document shall be legibly printed in black
26 ink, by hand, type, or computer. Signatures and dates may
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1 be in contrasting colors if they will reproduce clearly.
2 (3) The document shall be on white paper of not less
3 than 20-pound weight and shall have a clean margin of at
4 least one-half inch on the top, the bottom, and each side.
5 Margins may be used for non-essential notations that will
6 not affect the validity of the document, including but not
7 limited to form numbers, page numbers, and customer
8 notations.
9 (4) The first page of the document shall contain a
10 blank space, measuring at least 3 inches by 5 inches, from
11 the upper right corner.
12 (5) The document shall not have any attachment stapled
13 or otherwise affixed to any page.
14 A document that does not conform to these standards shall not
15 be recorded except upon payment of the additional fee required
16 under this paragraph. This paragraph, as amended by this
17 amendatory Act of 1995, applies only to documents dated after
18 the effective date of this amendatory Act of 1995.
19 The county board of any county may provide for an
20 additional charge of $3 for filing every instrument, paper, or
21 notice for record, (1) in order to defray the cost of
22 converting the county recorder's document storage system to
23 computers or micrographics and (2) in order to defray the cost
24 of providing access to records through the global information
25 system known as the Internet.
26 A special fund shall be set up by the treasurer of the
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1 county and such funds collected pursuant to Public Act 83-1321
2 shall be used (1) for a document storage system to provide the
3 equipment, materials and necessary expenses incurred to help
4 defray the costs of implementing and maintaining such a
5 document records system and (2) for a system to provide
6 electronic access to those records.
7 The county board of any county that provides and maintains
8 a countywide map through a Geographic Information System (GIS)
9 may provide for an additional charge of $3 for filing every
10 instrument, paper, or notice for record (1) in order to defray
11 the cost of implementing or maintaining the county's
12 Geographic Information System and (2) in order to defray the
13 cost of providing electronic or automated access to the
14 county's Geographic Information System or property records. Of
15 that amount, $2 must be deposited into a special fund set up by
16 the treasurer of the county, and any moneys collected pursuant
17 to this amendatory Act of the 91st General Assembly and
18 deposited into that fund must be used solely for the
19 equipment, materials, and necessary expenses incurred in
20 implementing and maintaining a Geographic Information System
21 and in order to defray the cost of providing electronic access
22 to the county's Geographic Information System records. The
23 remaining $1 must be deposited into the recorder's special
24 funds created under Section 3-5005.4. The recorder may, in his
25 or her discretion, use moneys in the funds created under
26 Section 3-5005.4 to defray the cost of implementing or
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1 maintaining the county's Geographic Information System and to
2 defray the cost of providing electronic access to the county's
3 Geographic Information System records.
4 The recorder shall collect an $18 a $9 Rental Housing
5 Support Program State surcharge for the recordation of any
6 real estate-related document. Payment of the Rental Housing
7 Support Program State surcharge shall be evidenced by a
8 receipt that shall be marked upon or otherwise affixed to the
9 real estate-related document by the recorder. The form of this
10 receipt shall be prescribed by the Department of Revenue and
11 the receipts shall be issued by the Department of Revenue to
12 each county recorder.
13 The recorder shall not collect the Rental Housing Support
14 Program State surcharge from any State agency, any unit of
15 local government or any school district.
16 On the 15th day of each month, each county recorder shall
17 report to the Department of Revenue, on a form prescribed by
18 the Department, the number of real estate-related documents
19 recorded for which the Rental Housing Support Program State
20 surcharge was collected. Each recorder shall submit $18 $9 of
21 each surcharge collected in the preceding month to the
22 Department of Revenue and the Department shall deposit these
23 amounts in the Rental Housing Support Program Fund. Subject to
24 appropriation, amounts in the Fund may be expended only for
25 the purpose of funding and administering the Rental Housing
26 Support Program.
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1 For purposes of this Section, "real estate-related
2 document" means that term as it is defined in Section 7 of the
3 Rental Housing Support Program Act.
4 The foregoing fees allowed by this Section are the maximum
5 fees that may be collected from any officer, agency,
6 department or other instrumentality of the State. The county
7 board may, however, by ordinance or resolution, increase the
8 fees allowed by this Section and collect such increased fees
9 from all persons and entities other than officers, agencies,
10 departments and other instrumentalities of the State if the
11 increase is justified by an acceptable cost study showing that
12 the fees allowed by this Section are not sufficient to cover
13 the cost of providing the service. Regardless of any other
14 provision in this Section, the maximum fee that may be
15 collected from the Department of Revenue for filing or
16 indexing a lien, certificate of lien release or subordination,
17 or any other type of notice or other documentation affecting
18 or concerning a lien is $5. Regardless of any other provision
19 in this Section, the maximum fee that may be collected from the
20 Department of Revenue for indexing each additional name in
21 excess of one for any lien, certificate of lien release or
22 subordination, or any other type of notice or other
23 documentation affecting or concerning a lien is $1.
24 A statement of the costs of providing each service,
25 program and activity shall be prepared by the county board.
26 All supporting documents shall be public record and subject to
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1 public examination and audit. All direct and indirect costs,
2 as defined in the United States Office of Management and
3 Budget Circular A-87, may be included in the determination of
4 the costs of each service, program and activity.
5 (Source: P.A. 102-838, eff. 5-13-22.)
6 (55 ILCS 5/3-5018.1)
7 Sec. 3-5018.1. Predictable fee schedule.
8 (a) As used in this Section:
9 "Nonstandard document" means:
10 (1) a document that creates a division of a then
11 active existing tax parcel identification number;
12 (2) a document recorded pursuant to the Uniform
13 Commercial Code;
14 (3) a document which is non-conforming, as described
15 in paragraphs (1) through (5) of Section 3-5018;
16 (4) a State lien or a federal lien;
17 (5) a document making specific reference to more than
18 5 tax parcel identification numbers in the county in which
19 it is presented for recording; or
20 (6) a document making specific reference to more than
21 5 other document numbers recorded in the county in which
22 it is presented for recording.
23 "Standard document" means any document other than a
24 nonstandard document.
25 (b) On or before January 1, 2019, a county shall adopt and
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1 implement, by ordinance or resolution, a predictable fee
2 schedule that eliminates surcharges or fees based on the
3 individual attributes of a standard document to be recorded.
4 The initial predictable fee schedule approved by a county
5 board shall be set only as allowed under subsections (c) and
6 (d) and any subsequent predictable fee schedule approved by a
7 county board shall be set only as allowed under subsection
8 (e). Except as to the recording of standard documents, the
9 fees imposed by Section 3-5018 shall remain in effect. Under a
10 predictable fee schedule, no charge shall be based on: page
11 count; number, length, or type of legal descriptions; number
12 of tax identification or other parcel identifying code
13 numbers; number of common addresses; number of references
14 contained as to other recorded documents or document numbers;
15 or any other individual attribute of the document except as
16 expressly provided in this Section. The fee charged under this
17 Section shall be inclusive of all county and State fees that
18 the county may elect or is required to impose or adjust,
19 including, but not limited to, GIS fees, automation fees,
20 document storage fees, and the Rental Housing Support Program
21 State surcharge.
22 A predictable fee schedule ordinance or resolution adopted
23 under this Section shall list standard document fees,
24 including document class flat fees as required by subsection
25 (c), and non-standard document fees.
26 Before approval of an ordinance or resolution under this
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1 Section, the recorder or county clerk shall post a notice in
2 their office at least 2 weeks prior, but not more than 4 weeks
3 prior, to the public meeting at which the ordinance or
4 resolution may be adopted. The notice shall contain the
5 proposed ordinance or resolution number, if any, the proposed
6 document class flat fees for each classification, and a
7 reference to this Section or this amendatory Act of the 100th
8 General Assembly.
9 A predictable fee schedule takes effect 60 days after an
10 ordinance or resolution is adopted.
11 (c) Pursuant to an ordinance or resolution adopted under
12 subsection (b), the recorder elected as provided for in this
13 Division shall receive such fees as are or may be provided for
14 him or her by law, in case of provision thereof: otherwise he
15 or she shall receive the same fees as are or may be provided in
16 this Section except when increased by county ordinance or
17 resolution pursuant to the provisions of this Section, to be
18 paid to the county clerk for his or her services in the office
19 of recorder for like services. For the purposes of the fee
20 charged, the ordinance or resolution shall divide standard
21 documents into the following classifications and shall
22 establish a single, all inclusive, county and State-imposed
23 aggregate fee charged for each such classification of document
24 at the time of recording for that document, which is called the
25 document class flat fee. A standard document is not subject to
26 more than one classification at the time of recording for the
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1 purposes of imposing any fee. Each standard document shall
2 fall within one of the following document class flat fee
3 classifications and fees for each document class shall be
4 charged only as allowed by this subsection (c) and subsection
5 (d):
6 (1) Deeds. The aggregate fee for recording deeds shall
7 not be less than $31 $21 (being a minimum $13 $12 county
8 fee plus $18 $9 for the Rental Housing Support Program
9 State surcharge). Inclusion of language in the deed as to
10 any restriction; covenant; lien; oil, gas, or other
11 mineral interest; easement; lease; or a mortgage shall not
12 alter the classification of a document as a deed.
13 (2) Leases, lease amendments, and similar transfer of
14 interest documents. The aggregate fee for recording
15 leases, lease amendments, and similar transfers of
16 interest documents shall not be less than $31 $21 (being a
17 minimum $13 $12 county fee plus $18 $9 for the Rental
18 Housing Support Program State surcharge).
19 (3) Mortgages. The aggregate fee for recording
20 mortgages, including assignments, extensions, amendments,
21 subordinations, and mortgage releases shall not be less
22 than $31 $21 (being a minimum $13 $12 county fee plus $18
23 $9 for the Rental Housing Support Program State
24 surcharge).
25 (4) Easements not otherwise part of another
26 classification. The aggregate fee for recording easements
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1 not otherwise part of another classification, including
2 assignments, extensions, amendments, and easement releases
3 not filed by a State agency, unit of local government, or
4 school district shall not be less than $31 $21 (being a
5 minimum $13 $12 county fee plus $18 $9 for the Rental
6 Housing Support Program State surcharge).
7 (5) Miscellaneous. The aggregate fee for recording
8 documents not otherwise falling within classifications set
9 forth in paragraphs (1) through (4) and are not
10 nonstandard documents shall not be less than $31 $21
11 (being a minimum $13 $12 county fee plus $18 $9 for the
12 Rental Housing Support Program State surcharge). Nothing
13 in this subsection shall preclude an alternate predictable
14 fee schedule for electronic recording within each of the
15 classifications set forth in this subsection (c). If the
16 Rental Housing Support Program State surcharge is amended
17 and the surcharge is increased or lowered, the aggregate
18 amount of the document flat fee attributable to the
19 surcharge in the document may be changed accordingly.
20 (d) If an ordinance or resolution establishing a
21 predictable fee schedule is adopted pursuant to subsection (b)
22 and any document class flat fee exceeds $31 $21, the county
23 board shall:
24 (1) obtain from the clerk or recorder an analysis of
25 the average fees collected for the recording of each of
26 the classifications under subsection (c) based on the 3
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1 previous years of recording data, and, if a cost study has
2 not been performed, set respective document class flat
3 fees for each of the 5 document classifications at the
4 average for that class rounded upward to the next whole
5 dollar amount; or
6 (2) if a cost study has been completed within the last
7 3 years that shows $31 $21 is not sufficient to cover the
8 costs of providing the services related to each document
9 class, obtain from the clerk or recorder an analysis of
10 the average fees collected for the recording of each of
11 the document classifications under subsection (c) from the
12 date of the cost study and set respective document class
13 flat fees for each of the 5 document classifications at
14 the average for that document class rounded upward to the
15 next whole dollar amount.
16 (e) After a document class flat fee is approved by a county
17 board under subsection (b), the county board may, by ordinance
18 or resolution, increase the document class flat fee and
19 collect the increased fees only if the increase is justified
20 by a cost study that shows that the fees allowed by subsections
21 (c) and (d) are not sufficient to cover the cost of providing
22 the service related to the document class for which the fee is
23 to be increased. A statement of the costs of providing each
24 service, program, and activity shall be prepared by the county
25 board. All supporting documents shall be public record and
26 subject to public examination and audit. All direct and
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1 indirect costs, as defined in the United States Office of
2 Management and Budget Circular A-87, may be included in the
3 determination of the costs of each service, program, and
4 activity.
5 Nothing in this Section precludes a county board from
6 adjusting amounts or allocations within a given document class
7 flat fee as long as the document class flat fee is not
8 increased.
9 (Source: P.A. 100-271, eff. 8-22-17.)
10 (55 ILCS 5/4-12002) (from Ch. 34, par. 4-12002)
11 Sec. 4-12002. Fees of recorder in third class counties.
12 Except as provided for in Section 4-12002.1, the fees of the
13 recorder in counties of the third class for recording deeds or
14 other instruments in writing and maps of plats of additions,
15 subdivisions or otherwise, and for certifying copies of
16 records, shall be paid in advance and shall be as follows:
17 For recording deeds or other instruments $20 for the first
18 2 pages thereof, plus $2 for each additional page thereof. The
19 aggregate minimum fee for recording any one instrument shall
20 not be less than $20.
21 For recording deeds or other instruments wherein the
22 premises affected thereby are referred to by document number
23 and not by legal description the recorder shall charge a fee of
24 $4 in addition to that hereinabove referred to for each
25 document number therein noted.
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1 For recording deeds or other instruments wherein more than
2 one tract, parcel or lot is described and such additional
3 tract, or tracts, parcel or parcels, lot or lots is or are
4 described therein as falling in a separate or different
5 addition or subdivision the recorder shall charge as an
6 additional fee, to that herein provided, the sum of $2 for each
7 additional addition or subdivision referred to in such deed or
8 instrument.
9 For recording any document that affects an interest in
10 real property other than documents which solely affect or
11 relate to an easement for water, sewer, electricity, gas,
12 telephone or other public service, the recorder shall charge a
13 fee of $1 per document to all filers of documents not filed by
14 any State agency, any unit of local government, or any school
15 district. Fifty cents of the $1 fee hereby established shall
16 be deposited into the County General Revenue Fund. The
17 remaining $0.50 shall be deposited into the County Recorder
18 Document Storage System Fund and may not be appropriated or
19 expended for any other purpose. The additional amounts
20 available to the recorder for expenditure from the County
21 Recorder Document Storage System Fund shall not offset or
22 reduce any other county appropriations or funding for the
23 office of the recorder.
24 For recording maps or plats of additions, subdivisions or
25 otherwise (including the spreading of the same of record in
26 well bound books) $100 plus $2 for each tract, parcel or lot
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1 contained therein.
2 For certified copies of records the same fees as for
3 recording, but in no case shall the fee for a certified copy of
4 a map or plat of an addition, subdivision or otherwise exceed
5 $200.
6 For non-certified copies of records, an amount not to
7 exceed one half of the amount provided herein for certified
8 copies, according to a standard scale of fees, established by
9 county ordinance and made public.
10 For filing of each release of any chattel mortgage or
11 trust deed which has been filed but not recorded and for
12 indexing the same in the book to be kept for that purpose $10.
13 For processing the sworn or affirmed statement required
14 for filing a deed or assignment of a beneficial interest in a
15 land trust in accordance with Section 3-5020 of this Code, $2.
16 The recorder shall charge an additional fee, in an amount
17 equal to the fee otherwise provided by law, for recording a
18 document (other than a document filed under the Plat Act or the
19 Uniform Commercial Code) that does not conform to the
20 following standards:
21 (1) The document shall consist of one or more
22 individual sheets measuring 8.5 inches by 11 inches, not
23 permanently bound and not a continuous form. Graphic
24 displays accompanying a document to be recorded that
25 measure up to 11 inches by 17 inches shall be recorded
26 without charging an additional fee.
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1 (2) The document shall be legibly printed in black
2 ink, by hand, type, or computer. Signatures and dates may
3 be in contrasting colors if they will reproduce clearly.
4 (3) The document shall be on white paper of not less
5 than 20-pound weight and shall have a clean margin of at
6 least one-half inch on the top, the bottom, and each side.
7 Margins may be used only for non-essential notations that
8 will not affect the validity of the document, including
9 but not limited to form numbers, page numbers, and
10 customer notations.
11 (4) The first page of the document shall contain a
12 blank space, measuring at least 3 inches by 5 inches, from
13 the upper right corner.
14 (5) The document shall not have any attachment stapled
15 or otherwise affixed to any page.
16 A document that does not conform to these standards shall not
17 be recorded except upon payment of the additional fee required
18 under this paragraph. This paragraph, as amended by this
19 amendatory Act of 1995, applies only to documents dated after
20 the effective date of this amendatory Act of 1995.
21 The recorder shall collect an $18 a $9 Rental Housing
22 Support Program State surcharge for the recordation of any
23 real estate-related document. Payment of the Rental Housing
24 Support Program State surcharge shall be evidenced by a
25 receipt that shall be marked upon or otherwise affixed to the
26 real estate-related document by the recorder. The form of this
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1 receipt shall be prescribed by the Department of Revenue and
2 the receipts shall be issued by the Department of Revenue to
3 each county recorder.
4 The recorder shall not collect the Rental Housing Support
5 Program State surcharge from any State agency, any unit of
6 local government or any school district.
7 On the 15th day of each month, each county recorder shall
8 report to the Department of Revenue, on a form prescribed by
9 the Department, the number of real estate-related documents
10 recorded for which the Rental Housing Support Program State
11 surcharge was collected. Each recorder shall submit $18 $9 of
12 each surcharge collected in the preceding month to the
13 Department of Revenue and the Department shall deposit these
14 amounts in the Rental Housing Support Program Fund. Subject to
15 appropriation, amounts in the Fund may be expended only for
16 the purpose of funding and administering the Rental Housing
17 Support Program.
18 For purposes of this Section, "real estate-related
19 document" means that term as it is defined in Section 7 of the
20 Rental Housing Support Program Act.
21 The fee requirements of this Section apply to units of
22 local government and school districts.
23 Regardless of any other provision in this Section, the
24 maximum fee that may be collected from the Department of
25 Revenue for filing or indexing a lien, certificate of lien
26 release or subordination, or any other type of notice or other
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1 documentation affecting or concerning a lien is $5. Regardless
2 of any other provision in this Section, the maximum fee that
3 may be collected from the Department of Revenue for indexing
4 each additional name in excess of one for any lien,
5 certificate of lien release or subordination, or any other
6 type of notice or other documentation affecting or concerning
7 a lien is $1.
8 (Source: P.A. 100-1034, eff. 1-1-19.)
9 (55 ILCS 5/4-12002.1)
10 Sec. 4-12002.1. Predictable fee schedule for recordings in
11 third class counties.
12 (a) As used in this Section:
13 "Nonstandard document" means:
14 (1) a document that creates a division of a then
15 active existing tax parcel identification number;
16 (2) a document recorded pursuant to the Uniform
17 Commercial Code;
18 (3) a document which is non-conforming, as described
19 in paragraphs (1) through (5) of Section 4-12002;
20 (4) a State lien or a federal lien;
21 (5) a document making specific reference to more than
22 5 tax parcel identification numbers in the county in which
23 it is presented for recording; or
24 (6) a document making specific reference to more than
25 5 other document numbers recorded in the county in which
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1 it is presented for recording.
2 "Standard document" means any document other than a
3 nonstandard document.
4 (b) On or before January 1, 2020, a county shall adopt and
5 implement, by ordinance or resolution, a predictable fee
6 schedule that eliminates surcharges or fees based on the
7 individual attributes of a standard document to be recorded.
8 The initial predictable fee schedule approved by a county
9 board shall be set only as allowed under subsection (c) and any
10 subsequent predictable fee schedule approved by a county board
11 shall be set only as allowed under subsection (d). Except as to
12 the recording of standard documents, the fees imposed by
13 Section 4-12002 shall remain in effect. Under a predictable
14 fee schedule, which only applies to standard documents, no
15 charge shall be based on: page count; number, length, or type
16 of legal descriptions; number of tax identification or other
17 parcel identifying code numbers; number of common addresses;
18 number of references contained as to other recorded documents
19 or document numbers; or any other individual attribute of the
20 document except as expressly provided in this Section. The fee
21 charged under this Section shall be inclusive of all county
22 and State fees that the county may elect or is required to
23 impose or adjust, including, but not limited to, GIS fees,
24 automation fees, document storage fees, and the Rental Housing
25 Support Program State surcharge.
26 A predictable fee schedule ordinance or resolution adopted
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1 under this Section shall list standard document fees,
2 including document class flat fees as required by subsection
3 (c), and nonstandard document fees.
4 Before approval of an ordinance or resolution under this
5 Section, the recorder or county clerk shall post a notice in
6 his or her office at least 2 weeks prior, but not more than 4
7 weeks prior, to the public meeting at which the ordinance or
8 resolution may be adopted. The notice shall contain the
9 proposed ordinance or resolution number, if any, the proposed
10 document class flat fees for each classification, and a
11 reference to this Section or this amendatory Act of the 100th
12 General Assembly.
13 A predictable fee schedule takes effect 60 days after an
14 ordinance or resolution is adopted.
15 (c) Pursuant to an ordinance or resolution adopted under
16 subsection (b), the recorder elected as provided for in this
17 Division shall receive such fees as are or may be provided for
18 him or her by law, in case of provision thereof: otherwise he
19 or she shall receive the same fees as are or may be provided in
20 this Section except when increased by county ordinance or
21 resolution pursuant to the provisions of this Section, to be
22 paid to the county clerk for his or her services in the office
23 of recorder for like services. For the purposes of the fee
24 charged, the ordinance or resolution shall divide standard
25 documents into the following classifications and shall
26 establish a single, all-inclusive, county and State-imposed
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1 aggregate fee charged for each such classification of document
2 at the time of recording for that document, which is called the
3 document class flat fee. A standard document is not subject to
4 more than one classification at the time of recording for the
5 purposes of imposing any fee. Each standard document shall
6 fall within one of the following document class flat fee
7 classifications and fees for each document class shall be
8 charged only as allowed by this subsection (c) and subsection
9 (d):
10 (1) Deeds. The aggregate fee for recording deeds shall
11 not be less than $39 $29 (being a minimum $21 $20 county
12 fee plus $18 $9 for the Rental Housing Support Program
13 State surcharge). Inclusion of language in the deed as to
14 any restriction; covenant; lien; oil, gas, or other
15 mineral interest; easement; lease; or a mortgage shall not
16 alter the classification of a document as a deed.
17 (2) Leases, lease amendments, and similar transfer of
18 interest documents. The aggregate fee for recording
19 leases, lease amendments, and similar transfers of
20 interest documents shall not be less than $39 $29 (being a
21 minimum $21 $20 county fee plus $18 $9 for the Rental
22 Housing Support Program State surcharge).
23 (3) Mortgages. The aggregate fee for recording
24 mortgages, including assignments, extensions, amendments,
25 subordinations, and mortgage releases shall not be less
26 than $39 $29 (being a minimum $21 $20 county fee plus $18
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1 $9 for the Rental Housing Support Program State
2 surcharge).
3 (4) Easements not otherwise part of another
4 classification. The aggregate fee for recording easements
5 not otherwise part of another classification, including
6 assignments, extensions, amendments, and easement releases
7 not filed by a State agency, unit of local government, or
8 school district shall not be less than $39 $29 (being a
9 minimum $21 $20 county fee plus $18 $9 for the Rental
10 Housing Support Program State surcharge).
11 (5) Miscellaneous. The aggregate fee for recording
12 documents not otherwise falling within classifications set
13 forth in paragraphs (1) through (4) and are not
14 nonstandard documents shall not be less than $39 $29
15 (being a minimum $21 $20 county fee plus $18 $9 for the
16 Rental Housing Support Program State surcharge). Nothing
17 in this subsection shall preclude an alternate predictable
18 fee schedule for electronic recording within each of the
19 classifications set forth in this subsection (c). If the
20 Rental Housing Support Program State surcharge is amended
21 and the surcharge is increased or lowered, the aggregate
22 amount of the document flat fee attributable to the
23 surcharge in the document may be changed accordingly.
24 (d) After a document class flat fee is approved by a county
25 board under subsection (b), the county board may, by ordinance
26 or resolution, increase the document class flat fee and
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1 collect the increased fees if the established fees are not
2 sufficient to cover the costs of providing the services
3 related to the document class for which the fee is to be
4 increased.
5 Nothing in this Section precludes a county board from
6 adjusting amounts or allocations within a given document class
7 flat fee when the document class flat fee is not increased.
8 (Source: P.A. 100-1034, eff. 1-1-19.)
9 Section 10. The Rental Housing Support Program Act is
10 amended by changing Section 15 and by adding Section 30 as
11 follows:
12 (310 ILCS 105/15)
13 Sec. 15. Grants to local administering agencies.
14 (a) Under the program, the Authority shall make grants to
15 local administering agencies to provide subsidies to landlords
16 to enable the landlords to charge rent affordable for
17 low-income tenants. Grants shall also include an amount for
18 the operating expenses of local administering agencies. On an
19 annual basis, operating expenses for local administering
20 agencies shall not exceed 10% for grants under $500,000 and
21 shall not exceed 7% for grants over $500,000. If a grant to a
22 local administering agency covers more than one year, the
23 Authority shall calculate operating expenses on an annual pro
24 rata share of the grant. If the annual pro rata share is
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1 $500,000 or less, then the fee shall be 10%; if the annual pro
2 rata share is greater than $500,000, then the fee shall be 7%.
3 (b) The Authority shall develop a request-for-proposals
4 process for soliciting proposals from local administering
5 agencies and for awarding grants. The request-for-proposals
6 process and the funded projects must be consistent with the
7 criteria set forth in Section 25 and with additional criteria
8 set forth by the Authority in rules implementing this Act. As
9 part of the request-for-proposals process and subject to the
10 requirements contained in subsection (d), best efforts will be
11 used to prioritize local administering agencies that serve the
12 county in which annual receipts were collected upon receipt of
13 current data from the Department of Revenue applicable to the
14 annual receipts.
15 (c) Local administering agencies may be local governmental
16 bodies, local housing authorities, or not-for-profit
17 organizations. The Authority shall set forth in rules the
18 financial and capacity requirements necessary for an
19 organization to qualify as a local administering agency and
20 the parameters for administration of the grants by local
21 administering agencies. The Authority shall use best efforts
22 through outreach to local administering agencies to encourage
23 at least one local administering agency to serve each county,
24 subject to subsection (d).
25 (d) The Authority shall distribute grants to local
26 administering agencies according to a formula based on U.S.
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1 Census data. The formula shall determine percentages of the
2 funds to be distributed to the following geographic areas: (i)
3 Chicago; (ii) suburban areas: Cook County (excluding Chicago),
4 DuPage County, Lake County, Kane County, Will County, and
5 McHenry County; (iii) small metropolitan areas: Springfield,
6 Rockford, Peoria, Decatur, Champaign-Urbana,
7 Bloomington-Normal, Rock Island, DeKalb, Madison County,
8 Moline, Pekin, Rantoul, and St. Clair County; and (iv) rural
9 areas, defined as all areas of the State not specifically
10 named in items (i), (ii), and (iii) of this subsection. A
11 geographic area's percentage share shall be determined by the
12 total number of households that have an annual income of less
13 than 50% of State median income for a household of 4, as
14 determined by the U.S. Department of Housing and Urban
15 Development, and that are paying more than 30% of their income
16 for rent. The geographic distribution shall be re-determined
17 by the Authority each time new U.S. Census data becomes
18 available. The Authority shall phase in any changes to the
19 geographic formula to prevent a large withdrawal of resources
20 from one area that could negatively impact households
21 receiving rental housing support. Up to 20% of the funds
22 allocated for rural areas, as defined in this subsection, may
23 be set aside and awarded to one administering agency to be
24 distributed throughout the rural areas in the State to
25 localities that desire a number of subsidized units of housing
26 that is too small to justify the establishment of a full local
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1 program. In those localities, the administering agency may
2 contract with local agencies to share the administrative tasks
3 of the program, such as inspections of units.
4 (e) In order to ensure applications from all geographic
5 areas of the State, the Authority shall create a plan to ensure
6 that potential local administering agencies have ample time
7 and support to consider making an application and to prepare
8 an application. Such a plan must include, but is not limited
9 to: an outreach and education plan regarding the program and
10 the requirements for a local administering agency; ample time
11 between the initial notice of funding ability and the deadline
12 to submit an application, which shall not be less than 9
13 months; and access to assistance from the Authority or another
14 agency in considering and preparing the application.
15 (f) In order to maintain consistency for households
16 receiving rental housing support, the Authority shall, to the
17 extent possible given funding resources available in the
18 Rental Housing Support Program, continue to fund local
19 administering agencies at the same level on an annual basis,
20 unless the Authority determines that a local administering
21 agency is not meeting the criteria set forth in Section 25 or
22 is not adhering to other standards set forth by rule by the
23 Authority.
24 (Source: P.A. 97-952, eff. 1-1-13.)
25 (310 ILCS 105/30 new)
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1 Sec. 30. Illinois Rental Housing Support Program Funding
2 Allocation Task Force.
3 (a) The Illinois Rental Housing Support Program Funding
4 Allocation Task Force is hereby created. The Task Force shall
5 consist of the following members:
6 (1) One member appointed by the President of the
7 Senate.
8 (2) One member appointed by the Minority Leader of the
9 Senate.
10 (3) One member appointed by the Speaker of the House
11 of Representatives.
12 (4) One member appointed by the Minority Leader of the
13 House of Representatives.
14 (5) One member appointed by the Illinois Housing
15 Development Authority.
16 (6) One member representing the Chicago Low-Income
17 Housing Trust Fund, appointed by the Board of Directors of
18 the Trust Fund.
19 (7) One member representing a local administering
20 agency from Cook County (excluding Chicago), DuPage
21 County, Lake County, Kane County, Will County, or McHenry
22 County, appointed by the Governor.
23 (8) One member, appointed by the Governor,
24 representing a local administering agency from a small
25 metropolitan area from one of the following areas:
26 Springfield, Rockford, Peoria, Decatur, Champaign, Urbana,
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1 Bloomington, Normal, Rock Island, DeKalb, Madison County,
2 Moline, Pekin, Rantoul, or St. Clair County.
3 (9) One member representing a local administering
4 agency from a rural areas, appointed by the Governor. As
5 used in this paragraph, "rural area" means an area of the
6 State outside of Cook County not specifically named in
7 paragraph (7) or (8).
8 (10) One member from an organization representing
9 Illinois clerks and recorders, appointed by the Governor.
10 (11) Up to 2 members representing a Section 501(c)(3)
11 affordable housing advocacy organization, appointed by the
12 Governor.
13 (12) One additional member appointed by the Governor.
14 Members of the Task Force must be appointed no later than
15 30 days after the effective date of this amendatory Act of the
16 103rd General Assembly. If any members are not appointed
17 within the 30-day period, the entity or person responsible for
18 making the appointment shall be deemed to have forfeited the
19 right to make such appointment.
20 (b) Once appointed, the members shall elect a chairperson
21 and vice chairperson by a simple majority vote.
22 If a vacancy occurs on the Task Force, it shall be filled
23 according to the initial appointment.
24 At the discretion of the chair, additional individuals may
25 participate as nonvoting members in the meetings of the Task
26 Force.
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1 Members of the Task Force shall serve without
2 compensation. The Illinois Housing Development Authority shall
3 provide staff and administrative services to the Task Force.
4 (c) Once all members have been appointed, the Task Force
5 shall meet not less than 3 times to carry out the duties
6 prescribed in this Section. Members of the Task Force may
7 attend such meetings virtually.
8 (d) A report delineating the Task Force's findings,
9 conclusions, and recommendations shall be submitted to the
10 General Assembly no later than March 31, 2024.
11 (e) The members of the Task Force are exempt from
12 requirements of the State Officials and Employees Ethics Act,
13 the Illinois Governmental Ethics Act, or any other applicable
14 law or regulation that would require Task Force members to
15 complete trainings, disclosures, or other filings since the
16 Task Force is of limited duration and is charged only with
17 delivering a non-binding report.
18 (f) The Task Force shall study and make recommendations
19 regarding the equitable distribution of rental housing support
20 funds across the State. The Task Force shall also work with the
21 Illinois Housing Development Authority as funding allocations
22 will be required to be adjusted due to data released by the
23 United States Census Bureau on the 2020 decennial census.
24 (g) This Section is repealed on March 31, 2025.
25 Section 99. Effective date. This Act takes effect January
26 1, 2024.
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