Sen. Iris Y. Martinez
Filed: 11/16/2004
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1 | AMENDMENT TO HOUSE BILL 626
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2 | AMENDMENT NO. ______. Amend House Bill 626 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Rental Housing Support
Program Act.
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6 | Section 5. Legislative findings and purpose. The General | ||||||
7 | Assembly finds
that in many parts of this State, large numbers | ||||||
8 | of citizens are faced with the
inability to secure affordable | ||||||
9 | rental housing. Due to either insufficient wages
or a shortage | ||||||
10 | of affordable rental housing stock, or both, many families have
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11 | difficulty securing decent housing, are subjected to | ||||||
12 | overcrowding, pay too
large a portion of their total monthly | ||||||
13 | income for housing and consequently
suffer the lack of other
| ||||||
14 | basic needs, live in substandard or unhealthy housing, or | ||||||
15 | experience chronic
housing instability. Instability and | ||||||
16 | inadequacy in housing limits the
employability and | ||||||
17 | productivity of many citizens, adversely affects family
health | ||||||
18 | and stress levels, impedes children's ability to learn, and | ||||||
19 | produces
corresponding drains on public resources. It is the | ||||||
20 | purpose of this Act to
create a State program to help | ||||||
21 | localities address the need for decent,
affordable, permanent | ||||||
22 | rental housing.
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23 | Section 7. Definitions. In this Act:
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1 | "Authority" means the Illinois Housing Development | ||||||
2 | Authority.
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3 | "Developer" means any entity that receives a grant under | ||||||
4 | Section 20. | ||||||
5 | "Program" means the Rental Housing Support Program.
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6 | "Real estate-related document" means any recorded document | ||||||
7 | that affects an
interest in real property.
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8 | "Unit" means a rental apartment unit receiving a subsidy by | ||||||
9 | means of a grant
under this Act. "Unit" does not include | ||||||
10 | housing units intended as transitional
or
temporary housing.
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11 | Section 10. Creation of Program and distribution of funds.
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12 | (a) The Rental Housing Support Program is created within | ||||||
13 | the Illinois Housing Development Authority. The Authority | ||||||
14 | shall administer the program and adopt rules for its | ||||||
15 | implementation. | ||||||
16 | (b) The Authority shall distribute amounts appropriated | ||||||
17 | for the Program from the Rental Housing Support Program Fund | ||||||
18 | and any other appropriations provided for the Program as | ||||||
19 | follows: | ||||||
20 | (1) A proportionate share of the annual appropriation, | ||||||
21 | as determined under subsection (d) of Section 15 of this | ||||||
22 | Act shall be distributed to municipalities with a | ||||||
23 | population greater than 2,000,000. Those municipalities | ||||||
24 | shall use at least 10% of those funds in accordance with | ||||||
25 | Section 20 of this Act, and all provisions governing the | ||||||
26 | Authority's actions under Section 20 shall govern the | ||||||
27 | actions of the corporate authorities of a municipality | ||||||
28 | under this Section. As to the balance of the annual | ||||||
29 | distribution, the municipality shall designate a | ||||||
30 | non-profit organization that meets the specific criteria | ||||||
31 | set forth in Section 25 of this Act to serve as the "local | ||||||
32 | administering agency" under Section 15 of this Act. | ||||||
33 | (2) Of the remaining appropriation after the |
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1 | distribution in paragraph (1) of this subsection, the | ||||||
2 | Authority shall designate at least 10% for the purposes of | ||||||
3 | Section 20 of this Act in areas of the State not covered | ||||||
4 | under paragraph (1) of this subsection. | ||||||
5 | (3) The remaining appropriation after the | ||||||
6 | distributions in paragraphs (1) and (2) of this subsection | ||||||
7 | shall be distributed according to Section 15 of this Act in | ||||||
8 | areas of the State not covered under paragraph (1) of this | ||||||
9 | subsection.
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10 | Section 15. Grants to local administering agencies. | ||||||
11 | (a) Under the program, the Authority shall make grants to | ||||||
12 | local
administering agencies to provide subsidies to landlords | ||||||
13 | to enable the
landlords to charge rent affordable for | ||||||
14 | low-income tenants. Grants shall also
include an amount for the | ||||||
15 | operating expenses of local administering agencies.
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16 | (b) The Authority shall develop a request-for-proposals | ||||||
17 | process for
soliciting proposals from local administering | ||||||
18 | agencies and for
awarding grants. The request-for-proposals | ||||||
19 | process and the funded projects must
be consistent with the | ||||||
20 | criteria set forth in Section 25 and with
additional criteria | ||||||
21 | set forth by the Authority in rules implementing this Act.
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22 | (c) Local administering agencies may be local governmental | ||||||
23 | bodies, local
housing authorities, or not-for-profit | ||||||
24 | organizations. The Authority shall
set forth in rules the | ||||||
25 | financial and capacity requirements necessary for an
| ||||||
26 | organization to qualify as a local administering agency and the | ||||||
27 | parameters for administration of the grants by local | ||||||
28 | administering agencies.
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29 | (d) The Authority shall distribute grants to local | ||||||
30 | administering agencies
according to a formula based on U.S. | ||||||
31 | Census data. The formula shall determine
percentages of the | ||||||
32 | funds to be distributed to the following geographic areas:
(i)
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33 | Chicago; (ii) suburban areas: Cook County (excluding Chicago), |
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1 | DuPage County,
Lake County, Kane County, Will County, and | ||||||
2 | McHenry County; (iii) small
metropolitan areas: Springfield, | ||||||
3 | Rockford, Peoria, Decatur, Champaign-Urbana,
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4 | Bloomington-Normal, Rock Island, DeKalb, Madison County, | ||||||
5 | Moline, Pekin,
Rantoul, and St. Clair County; and (iv) rural | ||||||
6 | areas, defined as all areas of the State not specifically named | ||||||
7 | in items (i), (ii), and (iii) of this subsection. A geographic | ||||||
8 | area's
percentage share shall be determined by the total number | ||||||
9 | of households that
have an annual income of less than 50% of | ||||||
10 | State median income for a household
of 4 and that are paying | ||||||
11 | more than 30% of their income for rent. The geographic | ||||||
12 | distribution shall be re-determined
by the Authority each time | ||||||
13 | new U.S. Census data becomes available. The
Authority shall | ||||||
14 | phase in any changes to the geographic formula to prevent a
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15 | large
withdrawal of resources from one area that could | ||||||
16 | negatively impact households
receiving rental housing support.
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17 | (e) In order to ensure applications from all geographic | ||||||
18 | areas of the
State, the
Authority shall create a plan to ensure | ||||||
19 | that potential local
administering agencies have
ample time and | ||||||
20 | support to consider making an application and to prepare an
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21 | application.
Such a plan must include, but is not limited to: | ||||||
22 | an outreach and education plan
regarding
the program and the | ||||||
23 | requirements for a local administering agency; ample time
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24 | between the
initial
notice of funding ability and the deadline | ||||||
25 | to submit an application, which
shall not be less than 9
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26 | months;
and access to assistance from the Authority or another | ||||||
27 | agency in considering
and preparing the application.
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28 | (f) In order to maintain consistency for households | ||||||
29 | receiving rental housing
support, the Authority shall, to the | ||||||
30 | extent possible given funding resources available in the Rental | ||||||
31 | Housing Support Program,
continue to fund local administering | ||||||
32 | agencies at the same level on an annual
basis, unless the | ||||||
33 | Authority determines that a local administering agency is not
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34 | meeting the criteria set forth in Section 25 or is not adhering |
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1 | to other standards set forth by rule by the Authority.
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2 | Section 20. Grants for affordable housing developments.
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3 | (a) The Authority may award grants under the program | ||||||
4 | directly for
the development of affordable rental housing for | ||||||
5 | long-term
operating support to enable the rent on such units to | ||||||
6 | be affordable.
Developers of such new housing shall apply | ||||||
7 | directly to the
Authority for this type of grant under the | ||||||
8 | program.
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9 | (b) The Authority shall prescribe by rule the application | ||||||
10 | requirements
and the qualifications necessary for a developer | ||||||
11 | and a development
to qualify for a grant under the program. In | ||||||
12 | any event, however, to
qualify for a grant, the development | ||||||
13 | must satisfy the criteria set
forth in Section 25, unless | ||||||
14 | waived by the Authority
based on special circumstances and in | ||||||
15 | furtherance of the purpose
of the program to increase the | ||||||
16 | supply of affordable rental housing.
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17 | (c) The Authority must use at least 10% of the funds | ||||||
18 | generated for the
Program in any
given year for grants under | ||||||
19 | this Section.
In any given year, the Authority is not required | ||||||
20 | to spend the 10% of its
funds that accrues
in that year but may | ||||||
21 | add all or part of that 10% to the 10% allocation for
| ||||||
22 | subsequent years
for the purpose of funding grants under this | ||||||
23 | Section.
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24 | Section 25. Criteria for awarding grants. The Authority | ||||||
25 | shall adopt rules
to govern the awarding of grants and the | ||||||
26 | continuing eligibility for grants
under Sections 15 and 20. | ||||||
27 | Requests for proposals under
Section 20 must specify that | ||||||
28 | proposals must satisfy these rules.
The rules must contain and | ||||||
29 | be consistent with, but need not be limited to,
the following | ||||||
30 | criteria:
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31 | (1) Eligibility for tenancy in the units supported by | ||||||
32 | grants to local
administering agencies must be
limited
to |
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1 | households with gross income at or below 30% of the median
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2 | family income for the area in which the grant will be
made. | ||||||
3 | Fifty percent of the units that are supported by any grant | ||||||
4 | must be set
aside for households whose income is at or | ||||||
5 | below 15% of the area median
family income for the area in | ||||||
6 | which the grant will be made, provided that local | ||||||
7 | administering agencies may negotiate flexibility in
this | ||||||
8 | set-aside with the Authority if they demonstrate that they | ||||||
9 | have been
unable to locate sufficient tenants in this lower | ||||||
10 | income range. Income eligibility for units supported by | ||||||
11 | grants to local administering agencies must be verified | ||||||
12 | annually by landlords and submitted to local administering | ||||||
13 | agencies. Tenants
must have sufficient income to be able to | ||||||
14 | afford the tenant's share of the
rent. For grants awarded | ||||||
15 | under Section 20, eligibility for tenancy in units
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16 | supported by grants must be limited to households with a | ||||||
17 | gross income at or
below
30% of area median family income | ||||||
18 | for the area in which the grant will be made. Fifty percent | ||||||
19 | of the units that are supported by any grant must be set | ||||||
20 | aside for households whose income is at or below 15% of the | ||||||
21 | median family income for the area in which the grant will | ||||||
22 | be made, provided that developers may negotiate | ||||||
23 | flexibility in this set-aside with the Authority or | ||||||
24 | municipality as defined in subsection (b) of Section 10 if | ||||||
25 | it demonstrates that it has been unable to locate | ||||||
26 | sufficient tenants in this lower income range.
The | ||||||
27 | Authority shall determine what sources qualify as a | ||||||
28 | tenant's income.
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29 | (2) Local administering agencies must include | ||||||
30 | 2-bedroom, 3-bedroom,
and 4-bedroom units among those | ||||||
31 | intended to be supported by grants
under the program. In | ||||||
32 | grants under Section 15, the precise number of
these units | ||||||
33 | among all the units intended to be supported by a grant | ||||||
34 | must be
based on need in the community for larger units and |
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1 | other factors that the
Authority specifies in rules. The | ||||||
2 | local administering agency must specify
the basis for the | ||||||
3 | numbers of these units that are proposed for support under
| ||||||
4 | a grant. Local administering agencies must make a good | ||||||
5 | faith effort to
comply with this allocation of unit sizes. | ||||||
6 | In grants awarded under Section
20, developers and the | ||||||
7 | Authority or municipality, as defined in subsection (b) of | ||||||
8 | Section 10, shall negotiate the numbers and sizes of
units | ||||||
9 | to be built in a project and supported by the grant.
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10 | (3) Under grants awarded under Section 15, local | ||||||
11 | administering agencies
must enter into a payment contract | ||||||
12 | with the landlord that defines the method of payment and | ||||||
13 | must pay subsidies to landlords on a quarterly basis and in | ||||||
14 | advance of the
quarter paid for.
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15 | (4) Local administering agencies and developers must | ||||||
16 | specify how
vacancies in units supported by a grant must be | ||||||
17 | advertised and they must include provisions for outreach to | ||||||
18 | local
homeless shelters, organizations that work with | ||||||
19 | people with disabilities,
and others interested in | ||||||
20 | affordable housing.
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21 | (5) The local administering agency or developer must | ||||||
22 | establish a schedule
for the tenant's rental obligation for | ||||||
23 | units supported by a grant. The
tenant's share of the rent | ||||||
24 | must be a flat amount, calculated annually, based on the | ||||||
25 | size of the
unit and the household's income category. In | ||||||
26 | establishing the schedule for
the tenant's rental | ||||||
27 | obligation, the local administering agency or developer
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28 | must use 30% of gross income within an income range as a | ||||||
29 | guide, and it
may charge an additional or lesser amount.
| ||||||
30 | (6) The amount of the subsidy provided under a grant | ||||||
31 | for a unit must be
the difference between the amount of the | ||||||
32 | tenant's obligation and the total
amount of rent for the
| ||||||
33 | unit. The total amount of rent for the unit must be | ||||||
34 | negotiated between the
local
administering authority and |
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1 | the landlord under Section 15, or between the
Authority or | ||||||
2 | municipality, as defined in subsection (b) of Section 10, | ||||||
3 | and the developer under Section 20, using comparable rents | ||||||
4 | for units of comparable size and condition in the | ||||||
5 | surrounding community as a guideline.
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6 | (7) Local administering agencies and developers, | ||||||
7 | pursuant to criteria
the
Authority develops in rules, must | ||||||
8 | ensure that there are procedures in place
to maintain the | ||||||
9 | safety and habitability of units supported under grants. | ||||||
10 | Local administering agencies must inspect
units before | ||||||
11 | supporting them under a grant awarded under Section 15.
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12 | (8) Local administering agencies must provide or | ||||||
13 | ensure that tenants are
provided with a "bill of rights" | ||||||
14 | with their lease setting forth local
landlord-tenant laws | ||||||
15 | and procedures and contact information for the local
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16 | administering agency.
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17 | (9) A local administering agency must create
a plan | ||||||
18 | detailing a process for helping
to provide information, | ||||||
19 | when necessary, on how to access education, training, and | ||||||
20 | other
supportive services to tenants living in units | ||||||
21 | supported under the grant. The
plan must be
submitted as a | ||||||
22 | part of the administering agency's proposal to the | ||||||
23 | Authority
required under
Section 15.
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24 | (10) Local administering agencies and developers may | ||||||
25 | not use funding under
the
grant to develop or support | ||||||
26 | housing that requires that a tenant has a particular | ||||||
27 | diagnosis or type or presence of disability as a condition | ||||||
28 | of eligibility for occupancy unless the requirement is | ||||||
29 | mandated by another funding source for the housing.
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30 | (11) In order to plan for periodic fluctuations in | ||||||
31 | program revenue, the Authority shall establish by rule a | ||||||
32 | mechanism for establishing a reserve fund and the level of | ||||||
33 | funding that shall be held in reserve either by the | ||||||
34 | Authority or by local administering agencies.
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1 | Section 85. The State Finance Act is amended by adding | ||||||
2 | Section
5.640 as follows:
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3 | (30 ILCS 105/5.640 new)
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4 | Sec. 5.640. The Rental Housing Support Program Fund.
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5 | Section 90. The Counties Code is amended by changing
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6 | Sections 3-5018 and 4-12002 as follows:
| ||||||
7 | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
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8 | Sec. 3-5018. Fees. The recorder elected as provided for in | ||||||
9 | this
Division shall receive such fees as are or may be provided | ||||||
10 | for him by law,
in case of provision therefor: otherwise he | ||||||
11 | shall receive the same fees as
are or may be provided in this | ||||||
12 | Section, except when increased by county
ordinance pursuant to | ||||||
13 | the provisions of this Section, to be paid to the
county clerk | ||||||
14 | for his services in the office of recorder for like services.
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15 | For recording deeds or other instruments $12 for the first | ||||||
16 | 4 pages
thereof, plus $1 for each additional page thereof, plus | ||||||
17 | $1 for each
additional document number therein noted. The | ||||||
18 | aggregate minimum fee
for recording any one instrument shall | ||||||
19 | not be less than $12.
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20 | For recording deeds or other instruments wherein the | ||||||
21 | premises
affected thereby are referred to by document number | ||||||
22 | and not by legal
description a fee of $1 in addition to that | ||||||
23 | hereinabove referred to for
each document number therein noted.
| ||||||
24 | For recording assignments of mortgages, leases or liens $12 | ||||||
25 | for the
first 4 pages thereof, plus $1 for each additional page | ||||||
26 | thereof. However,
except for leases and liens pertaining to | ||||||
27 | oil, gas and other minerals,
whenever a mortgage, lease or lien | ||||||
28 | assignment assigns more than one
mortgage, lease or lien | ||||||
29 | document, a $7 fee shall be charged for the recording
of each | ||||||
30 | such mortgage, lease or lien document after the first one.
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1 | For recording maps or plats of additions or subdivisions | ||||||
2 | approved by the
county or municipality (including the spreading | ||||||
3 | of the same of record in
map case or other proper books) or | ||||||
4 | plats of condominiums $50 for the first
page, plus $1 for each | ||||||
5 | additional page thereof except that in the case of
recording a | ||||||
6 | single page, legal size 8 1/2 x 14, plat of survey in which
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7 | there are no more than two lots or parcels of land, the fee | ||||||
8 | shall be $12.
In each county where such maps or plats are to be | ||||||
9 | recorded, the recorder
may require the same to be accompanied | ||||||
10 | by such number of exact, true and
legible copies thereof as the | ||||||
11 | recorder deems necessary for the efficient
conduct and | ||||||
12 | operation of his office.
| ||||||
13 | For certified copies of records the same fees as for | ||||||
14 | recording, but
in no case shall the fee for a certified copy of | ||||||
15 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
16 | $10.
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17 | Each certificate of such recorder of the recording of the | ||||||
18 | deed or
other writing and of the date of recording the same | ||||||
19 | signed by such
recorder, shall be sufficient evidence of the | ||||||
20 | recording thereof, and
such certificate including the indexing | ||||||
21 | of record, shall be furnished
upon the payment of the fee for | ||||||
22 | recording the instrument, and no
additional fee shall be | ||||||
23 | allowed for the certificate or indexing.
| ||||||
24 | The recorder shall charge an additional fee, in an amount | ||||||
25 | equal to the
fee otherwise provided by law, for recording a | ||||||
26 | document (other than a
document filed under the Plat Act or the | ||||||
27 | Uniform Commercial Code) that does
not conform to the following | ||||||
28 | standards:
| ||||||
29 | (1) The document shall consist of one or more | ||||||
30 | individual sheets measuring
8.5 inches by 11 inches, not | ||||||
31 | permanently bound and not a continuous form.
Graphic | ||||||
32 | displays accompanying a document to be recorded that | ||||||
33 | measure up to 11
inches by 17 inches shall be recorded | ||||||
34 | without charging an additional fee.
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1 | (2) The document shall be legibly printed in black ink, | ||||||
2 | by hand, type,
or computer. Signatures and dates may be in | ||||||
3 | 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 for non-essential notations that
will | ||||||
8 | not affect the validity of the document, including but not | ||||||
9 | limited to
form numbers, page numbers, and customer | ||||||
10 | 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 county board of any county may provide for an | ||||||
22 | additional charge of $3
for filing every instrument, paper, or | ||||||
23 | notice for record, (1)
in order to
defray the cost of | ||||||
24 | converting the county recorder's document storage system
to | ||||||
25 | computers or micrographics
and (2) in order to defray the cost | ||||||
26 | of providing access to records through
the global
information | ||||||
27 | system known as the Internet.
| ||||||
28 | A special fund shall be set up by the treasurer of the | ||||||
29 | county and such
funds collected pursuant to Public Act 83-1321 | ||||||
30 | shall be used (1)
for
a document storage system to provide the | ||||||
31 | equipment, materials and necessary
expenses incurred to help | ||||||
32 | defray the costs of implementing and maintaining
such a | ||||||
33 | document records system
and (2) for a system to provide | ||||||
34 | electronic access to
those records.
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1 | The county board of any county that provides and maintains | ||||||
2 | a countywide map
through a Geographic Information System (GIS) | ||||||
3 | may provide for an additional
charge of $3 for filing every | ||||||
4 | instrument, paper, or notice for record (1)
in order
to defray | ||||||
5 | the cost of implementing or maintaining the county's Geographic
| ||||||
6 | Information System
and (2) in order to defray the cost of | ||||||
7 | providing electronic access to the
county's
Geographic
| ||||||
8 | Information System records.
Of that amount, $2 must be | ||||||
9 | deposited into a special fund
set up by the treasurer of the | ||||||
10 | county, and any moneys collected pursuant to
this amendatory | ||||||
11 | Act of the 91st General Assembly and deposited into that fund
| ||||||
12 | must be used solely for the equipment, materials, and necessary | ||||||
13 | expenses
incurred in implementing and maintaining a Geographic | ||||||
14 | Information System and
in order to defray the cost of providing | ||||||
15 | electronic access to the county's
Geographic Information | ||||||
16 | System records.
The remaining $1 must be deposited into the | ||||||
17 | recorder's special funds created
under Section 3-5005.4. The | ||||||
18 | recorder may, in his or her discretion, use moneys
in the funds | ||||||
19 | created under Section 3-5005.4 to defray the cost of | ||||||
20 | implementing
or maintaining the county's Geographic | ||||||
21 | Information System
and to defray the cost of providing | ||||||
22 | electronic access to the county's
Geographic
Information | ||||||
23 | System records.
| ||||||
24 | The recorder shall collect an $11 Rental Housing Support | ||||||
25 | Program
State surcharge for the recordation of any real | ||||||
26 | estate-related document. Payment of
the
Rental Housing Support | ||||||
27 | Program State surcharge shall be evidenced by a
receipt that | ||||||
28 | shall be marked upon or otherwise affixed to the real
| ||||||
29 | estate-related
document by the recorder. The form of this | ||||||
30 | receipt shall be prescribed by
the Department of Revenue and | ||||||
31 | the receipts shall be issued by the
Department of Revenue to | ||||||
32 | each county recorder. The surcharge moneys collected shall be | ||||||
33 | distributed as follows: | ||||||
34 | (1) One dollar of each
surcharge shall be deposited |
| |||||||
| |||||||
1 | into the county's general revenue fund. | ||||||
2 | (2) One dollar of each surcharge shall be deposited | ||||||
3 | into a special account of the county in which it was | ||||||
4 | collected, to be known as the County Housing Surcharge | ||||||
5 | Account. All amounts in that Account may be used for the | ||||||
6 | costs of administering the Rental Housing Support Program | ||||||
7 | State Surcharge and any other legal expenditures for the | ||||||
8 | operation of the office of the recorder. Those amounts may | ||||||
9 | not be appropriated or expended for any other purpose. The | ||||||
10 | amounts available to the recorder for expenditure from that | ||||||
11 | Account shall not offset or reduce any other county | ||||||
12 | appropriations or funding of the office of the recorder.
| ||||||
13 | (3) On the 15th day of each month, each county recorder | ||||||
14 | shall report
to the Department of Revenue, on a form | ||||||
15 | prescribed by the Department,
the number of real | ||||||
16 | estate-related documents recorded for which
the Rental | ||||||
17 | Housing Support Program
State surcharge was collected. | ||||||
18 | Each recorder shall submit $9 of each surcharge collected | ||||||
19 | in the
preceding month to the Department of Revenue and the | ||||||
20 | Department
shall deposit these amounts in the Rental | ||||||
21 | Housing Support Program Fund. Subject to appropriation, | ||||||
22 | amounts in the Fund may be expended only for the purpose of | ||||||
23 | funding and administering the Rental Housing Support | ||||||
24 | Program. | ||||||
25 | For purposes of this Section, "real estate-related | ||||||
26 | document" means that term as it is defined in Section 7 of the | ||||||
27 | Rental Housing Support Program Act.
| ||||||
28 | The foregoing fees allowed by this Section are the maximum | ||||||
29 | fees that
may be collected from any officer, agency, department | ||||||
30 | or other
instrumentality of the State. The county board may, | ||||||
31 | however, by ordinance,
increase the fees allowed by this | ||||||
32 | Section and collect such increased fees
from all persons and | ||||||
33 | entities other than officers, agencies, departments
and other | ||||||
34 | instrumentalities of the State if the increase is justified by |
| |||||||
| |||||||
1 | an
acceptable cost study showing that the fees allowed by this | ||||||
2 | Section are not
sufficient to cover the cost of providing the | ||||||
3 | service.
Regardless of any other provision in this Section, the | ||||||
4 | maximum fee that may
be collected from the Department of | ||||||
5 | Revenue for filing or indexing a
lien, certificate of lien | ||||||
6 | release or subordination, or any other type of notice
or other | ||||||
7 | documentation affecting or concerning a lien is $5. Regardless | ||||||
8 | of
any other provision in this Section, the maximum fee that | ||||||
9 | may be collected from
the Department of Revenue for indexing | ||||||
10 | each additional name in excess
of one for any lien, certificate | ||||||
11 | of lien release or subordination, or any other
type of notice | ||||||
12 | or other documentation affecting or concerning a lien is $1.
| ||||||
13 | A statement of the costs of providing each service, program | ||||||
14 | and activity
shall be prepared by the county board. All | ||||||
15 | supporting documents shall be
public record and subject to | ||||||
16 | public examination and audit. All direct and
indirect costs, as | ||||||
17 | defined in the United States Office of Management and
Budget | ||||||
18 | Circular A-87, may be included in the determination of the | ||||||
19 | costs of
each service, program and activity.
| ||||||
20 | (Source: P.A. 92-16, eff. 6-28-01; 92-492, eff. 1-1-02; 93-256, | ||||||
21 | eff.
7-22-03.)
| ||||||
22 | (55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
| ||||||
23 | Sec. 4-12002. Fees of recorder in third class counties. The | ||||||
24 | fees of
the recorder in counties of the third class for | ||||||
25 | recording deeds or other
instruments in writing and maps of | ||||||
26 | plats of additions, subdivisions or
otherwise, and for | ||||||
27 | certifying copies of records, shall be paid in advance
and | ||||||
28 | shall be as follows:
| ||||||
29 | For recording deeds or other instruments $20 for the first | ||||||
30 | 2 pages
thereof, plus $2 for each additional page thereof. The | ||||||
31 | aggregate minimum fee
for recording
any one instrument shall | ||||||
32 | not be less than $20.
| ||||||
33 | For recording deeds or other instruments wherein the |
| |||||||
| |||||||
1 | premises
affected thereby are referred to by document number | ||||||
2 | and not by legal
description the recorder shall charge a fee of | ||||||
3 | $4 in addition
to that hereinabove referred to for each | ||||||
4 | document number therein noted.
| ||||||
5 | For recording deeds or other instruments wherein more than | ||||||
6 | one tract,
parcel or lot is described and such additional | ||||||
7 | tract, or tracts, parcel
or parcels, lot or lots is or are | ||||||
8 | described therein as falling in a
separate or different | ||||||
9 | addition or subdivision the recorder
shall charge as an | ||||||
10 | additional fee, to that herein provided, the sum of
$2 for each | ||||||
11 | additional addition or subdivision referred to in such deed
or | ||||||
12 | instrument.
| ||||||
13 | For recording maps or plats of additions, subdivisions or | ||||||
14 | otherwise
(including the spreading of the same of record in | ||||||
15 | well bound books) $100
plus $2 for each tract, parcel or lot | ||||||
16 | contained therein.
| ||||||
17 | For certified copies of records the same fees as for | ||||||
18 | recording, but
in no case shall the fee for a certified copy of | ||||||
19 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
20 | $200.
| ||||||
21 | For non-certified copies of records, an amount not to | ||||||
22 | exceed one half of
the amount provided herein for certified | ||||||
23 | copies, according to a standard scale
of fees, established by | ||||||
24 | county ordinance and made public.
| ||||||
25 | For filing of each release of any chattel mortgage or trust | ||||||
26 | deed
which has been filed but not recorded and for indexing the | ||||||
27 | same in the
book to be kept for that purpose $10.
| ||||||
28 | For processing the sworn or affirmed statement required for | ||||||
29 | filing a deed
or assignment of a beneficial interest in a land | ||||||
30 | trust in accordance with
Section 3-5020 of this Code, $2.
| ||||||
31 | The recorder shall charge an additional fee, in an amount | ||||||
32 | equal to the
fee otherwise provided by law, for recording a | ||||||
33 | document (other than a
document filed under the Plat Act or the | ||||||
34 | Uniform Commercial Code) that does
not conform to
the following |
| |||||||
| |||||||
1 | standards:
| ||||||
2 | (1) The document shall consist of one or more | ||||||
3 | individual sheets
measuring 8.5 inches by 11 inches, not | ||||||
4 | permanently bound and not a
continuous form. Graphic | ||||||
5 | displays accompanying a document to be recorded
that | ||||||
6 | measure up to 11 inches by 17 inches shall be recorded | ||||||
7 | without charging
an additional fee.
| ||||||
8 | (2) The document shall be legibly printed in black ink,
| ||||||
9 | by hand, type, or
computer. Signatures and dates may
be
in | ||||||
10 | contrasting colors if they will reproduce clearly.
| ||||||
11 | (3) The document shall be on white paper of not less | ||||||
12 | than 20-pound
weight and shall have a clean margin of at | ||||||
13 | least one-half inch on the top, the
bottom, and each side. | ||||||
14 | Margins may be used only for non-essential notations
that | ||||||
15 | will not affect the validity of the document, including but | ||||||
16 | not limited to
form numbers, page numbers, and customer | ||||||
17 | notations.
| ||||||
18 | (4) The first page of the document shall contain a | ||||||
19 | blank space, measuring
at least 3 inches by 5 inches, from | ||||||
20 | the upper right corner.
| ||||||
21 | (5) The document shall not have any attachment stapled | ||||||
22 | or otherwise
affixed to any page.
| ||||||
23 | A document that does not conform to these standards shall
not | ||||||
24 | be recorded except upon payment of the additional fee required | ||||||
25 | under
this paragraph. This paragraph, as amended by this | ||||||
26 | amendatory Act of 1995,
applies only to documents dated after | ||||||
27 | the effective date of this amendatory
Act of 1995.
| ||||||
28 | The recorder shall collect an $11 Rental Housing Support | ||||||
29 | Program
State surcharge for the recordation of any real | ||||||
30 | estate-related document. Payment of
the
Rental Housing Support | ||||||
31 | Program State surcharge shall be evidenced by a
receipt that | ||||||
32 | shall be marked upon or otherwise affixed to the real
| ||||||
33 | estate-related
document by the recorder. The form of this | ||||||
34 | receipt shall be prescribed by
the Department of Revenue and |
| |||||||
| |||||||
1 | the receipts shall be issued by the
Department of Revenue to | ||||||
2 | each county recorder. The surcharge moneys collected shall be | ||||||
3 | distributed as follows: | ||||||
4 | (1) One dollar of each
surcharge shall be deposited | ||||||
5 | into the county's general revenue fund. | ||||||
6 | (2) One dollar of each surcharge shall be deposited | ||||||
7 | into a special account of the county in which it was | ||||||
8 | collected, to be known as the County Housing Surcharge | ||||||
9 | Account. All amounts in that Account may be used for the | ||||||
10 | costs of administering the Rental Housing Support Program | ||||||
11 | State Surcharge and any other legal expenditures for the | ||||||
12 | operation of the office of the recorder. Those amounts may | ||||||
13 | not be appropriated or expended for any other purpose. The | ||||||
14 | amounts available to the recorder for expenditure from that | ||||||
15 | Account shall not offset or reduce any other county | ||||||
16 | appropriations or funding of the office of the recorder.
| ||||||
17 | (3) On the 15th day of each month, each county recorder | ||||||
18 | shall report
to the Department of Revenue, on a form | ||||||
19 | prescribed by the Department,
the number of real | ||||||
20 | estate-related documents recorded for which
the Rental | ||||||
21 | Housing Support Program
State surcharge was collected. | ||||||
22 | Each recorder shall submit $9 of each surcharge collected | ||||||
23 | in the
preceding month to the Department of Revenue and the | ||||||
24 | Department
shall deposit these amounts in the Rental | ||||||
25 | Housing Support Program Fund. Subject to appropriation, | ||||||
26 | amounts in the Fund may be expended only for the purpose of | ||||||
27 | funding and administering the Rental Housing Support | ||||||
28 | Program. | ||||||
29 | For purposes of this Section, "real estate-related | ||||||
30 | document" means that term as it is defined in Section 7 of the | ||||||
31 | Rental Housing Support Program Act.
| ||||||
32 | The fee requirements of this Section apply to units of | ||||||
33 | local
government and school districts.
| ||||||
34 | Regardless of any other provision in this Section, the |
| |||||||
| |||||||
1 | maximum fee that may
be collected from the Department of | ||||||
2 | Revenue for filing or indexing a
lien, certificate of lien | ||||||
3 | release or subordination, or any other type of notice
or other | ||||||
4 | documentation affecting or concerning a lien is $5. Regardless | ||||||
5 | of any
other provision in this Section, the maximum fee that | ||||||
6 | may be collected from the
Department of Revenue for indexing | ||||||
7 | each additional name in excess of
one for any lien, certificate | ||||||
8 | of lien release or subordination, or any other
type of notice | ||||||
9 | or other documentation affecting or concerning a lien is $1.
| ||||||
10 | (Source: P.A. 92-492, eff. 1-1-02; 93-671, eff. 6-1-04.)
| ||||||
11 | Section 99. Effective date. This Act takes effect July 1, | ||||||
12 | 2005.".
|