103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2358

 

Introduced 2/14/2023, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
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

 

 

A BILL FOR

 

HB2358LRB103 26303 AWJ 52663 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 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
8for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder
9elected as provided for in this Division shall receive such
10fees as are or may be provided for him or her by law, in case
11of provision therefor: otherwise he or she shall receive the
12same fees as are or may be provided in this Section, except
13when increased by county ordinance or resolution pursuant to
14the provisions of this Section, to be paid to the county clerk
15for his or her services in the office of recorder for like
16services.
17    For recording deeds or other instruments, $12 for the
18first 4 pages thereof, plus $1 for each additional page
19thereof, plus $1 for each additional document number therein
20noted. The aggregate minimum fee for recording any one
21instrument shall not be less than $12.
22    For recording deeds or other instruments wherein the
23premises affected thereby are referred to by document number

 

 

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1and not by legal description, a fee of $1 in addition to that
2hereinabove referred to for each document number therein
3noted.
4    For recording assignments of mortgages, leases or liens,
5$12 for the first 4 pages thereof, plus $1 for each additional
6page thereof. However, except for leases and liens pertaining
7to oil, gas and other minerals, whenever a mortgage, lease or
8lien assignment assigns more than one mortgage, lease or lien
9document, a $7 fee shall be charged for the recording of each
10such mortgage, lease or lien document after the first one.
11    For recording any document that affects an interest in
12real property other than documents which solely affect or
13relate to an easement for water, sewer, electricity, gas,
14telephone or other public service, the recorder shall charge a
15fee of $1 per document to all filers of documents not filed by
16any State agency, any unit of local government, or any school
17district. Fifty cents of the $1 fee hereby established shall
18be deposited into the County General Revenue Fund. The
19remaining $0.50 shall be deposited into the Recorder's
20Automation Fund and may not be appropriated or expended for
21any other purpose. The additional amounts available to the
22recorder for expenditure from the Recorder's Automation Fund
23shall not offset or reduce any other county appropriations or
24funding for the office of the recorder.
25    For recording maps or plats of additions or subdivisions
26approved by the county or municipality (including the

 

 

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1spreading of the same of record in map case or other proper
2books) or plats of condominiums, $50 for the first page, plus
3$1 for each additional page thereof except that in the case of
4recording a single page, legal size 8 1/2 x 14, plat of survey
5in which there are no more than two lots or parcels of land,
6the fee shall be $12. In each county where such maps or plats
7are to be recorded, the recorder may require the same to be
8accompanied by such number of exact, true and legible copies
9thereof as the recorder deems necessary for the efficient
10conduct and operation of his or her office.
11    For non-certified copies of records, an amount not to
12exceed one-half of the amount provided in this Section for
13certified copies, according to a standard scale of fees,
14established by county ordinance or resolution and made public.
15The provisions of this paragraph shall not be applicable to
16any person or entity who obtains non-certified copies of
17records in the following manner: (i) in bulk for all documents
18recorded on any given day in an electronic or paper format for
19a negotiated amount less than the amount provided for in this
20paragraph for non-certified copies, (ii) under a contractual
21relationship with the recorder for a negotiated amount less
22than the amount provided for in this paragraph for
23non-certified copies, or (iii) by means of Internet access
24pursuant to Section 5-1106.1.
25    For certified copies of records, the same fees as for
26recording, but in no case shall the fee for a certified copy of

 

 

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1a map or plat of an addition, subdivision or otherwise exceed
2$10.
3    Each certificate of such recorder of the recording of the
4deed or other writing and of the date of recording the same
5signed by such recorder, shall be sufficient evidence of the
6recording thereof, and such certificate including the indexing
7of record, shall be furnished upon the payment of the fee for
8recording the instrument, and no additional fee shall be
9allowed for the certificate or indexing. A physical or
10electronic image of the recorder's stamp satisfies the
11signature requirement for recorded instruments prior to, on,
12and after the effective date of this amendatory Act of the
13102nd General Assembly.
14    The recorder shall charge an additional fee, in an amount
15equal to the fee otherwise provided by law, for recording a
16document (other than a document filed under the Plat Act or the
17Uniform Commercial Code) that does not conform to the
18following 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.
14A document that does not conform to these standards shall not
15be recorded except upon payment of the additional fee required
16under this paragraph. This paragraph, as amended by this
17amendatory Act of 1995, applies only to documents dated after
18the effective date of this amendatory Act of 1995.
19    The county board of any county may provide for an
20additional charge of $3 for filing every instrument, paper, or
21notice for record, (1) in order to defray the cost of
22converting the county recorder's document storage system to
23computers or micrographics and (2) in order to defray the cost
24of providing access to records through the global information
25system known as the Internet.
26    A special fund shall be set up by the treasurer of the

 

 

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1county and such funds collected pursuant to Public Act 83-1321
2shall be used (1) for a document storage system to provide the
3equipment, materials and necessary expenses incurred to help
4defray the costs of implementing and maintaining such a
5document records system and (2) for a system to provide
6electronic access to those records.
7    The county board of any county that provides and maintains
8a countywide map through a Geographic Information System (GIS)
9may provide for an additional charge of $3 for filing every
10instrument, paper, or notice for record (1) in order to defray
11the cost of implementing or maintaining the county's
12Geographic Information System and (2) in order to defray the
13cost of providing electronic or automated access to the
14county's Geographic Information System or property records. Of
15that amount, $2 must be deposited into a special fund set up by
16the treasurer of the county, and any moneys collected pursuant
17to this amendatory Act of the 91st General Assembly and
18deposited into that fund must be used solely for the
19equipment, materials, and necessary expenses incurred in
20implementing and maintaining a Geographic Information System
21and in order to defray the cost of providing electronic access
22to the county's Geographic Information System records. The
23remaining $1 must be deposited into the recorder's special
24funds created under Section 3-5005.4. The recorder may, in his
25or her discretion, use moneys in the funds created under
26Section 3-5005.4 to defray the cost of implementing or

 

 

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1maintaining the county's Geographic Information System and to
2defray the cost of providing electronic access to the county's
3Geographic Information System records.
4    The recorder shall collect an $18 a $9 Rental Housing
5Support Program State surcharge for the recordation of any
6real estate-related document. Payment of the Rental Housing
7Support Program State surcharge shall be evidenced by a
8receipt that shall be marked upon or otherwise affixed to the
9real estate-related document by the recorder. The form of this
10receipt shall be prescribed by the Department of Revenue and
11the receipts shall be issued by the Department of Revenue to
12each county recorder.
13    The recorder shall not collect the Rental Housing Support
14Program State surcharge from any State agency, any unit of
15local government or any school district.
16    On the 15th day of each month, each county recorder shall
17report to the Department of Revenue, on a form prescribed by
18the Department, the number of real estate-related documents
19recorded for which the Rental Housing Support Program State
20surcharge was collected. Each recorder shall submit $18 $9 of
21each surcharge collected in the preceding month to the
22Department of Revenue and the Department shall deposit these
23amounts in the Rental Housing Support Program Fund. Subject to
24appropriation, amounts in the Fund may be expended only for
25the purpose of funding and administering the Rental Housing
26Support Program.

 

 

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

 

 

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1public examination and audit. All direct and indirect costs,
2as defined in the United States Office of Management and
3Budget Circular A-87, may be included in the determination of
4the 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
24nonstandard document.
25    (b) On or before January 1, 2019, a county shall adopt and

 

 

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1implement, by ordinance or resolution, a predictable fee
2schedule that eliminates surcharges or fees based on the
3individual attributes of a standard document to be recorded.
4The initial predictable fee schedule approved by a county
5board shall be set only as allowed under subsections (c) and
6(d) and any subsequent predictable fee schedule approved by a
7county board shall be set only as allowed under subsection
8(e). Except as to the recording of standard documents, the
9fees imposed by Section 3-5018 shall remain in effect. Under a
10predictable fee schedule, no charge shall be based on: page
11count; number, length, or type of legal descriptions; number
12of tax identification or other parcel identifying code
13numbers; number of common addresses; number of references
14contained as to other recorded documents or document numbers;
15or any other individual attribute of the document except as
16expressly provided in this Section. The fee charged under this
17Section shall be inclusive of all county and State fees that
18the county may elect or is required to impose or adjust,
19including, but not limited to, GIS fees, automation fees,
20document storage fees, and the Rental Housing Support Program
21State surcharge.
22    A predictable fee schedule ordinance or resolution adopted
23under this Section shall list standard document fees,
24including 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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1Section, the recorder or county clerk shall post a notice in
2their office at least 2 weeks prior, but not more than 4 weeks
3prior, to the public meeting at which the ordinance or
4resolution may be adopted. The notice shall contain the
5proposed ordinance or resolution number, if any, the proposed
6document class flat fees for each classification, and a
7reference to this Section or this amendatory Act of the 100th
8General Assembly.
9    A predictable fee schedule takes effect 60 days after an
10ordinance or resolution is adopted.
11    (c) Pursuant to an ordinance or resolution adopted under
12subsection (b), the recorder elected as provided for in this
13Division shall receive such fees as are or may be provided for
14him or her by law, in case of provision thereof: otherwise he
15or she shall receive the same fees as are or may be provided in
16this Section except when increased by county ordinance or
17resolution pursuant to the provisions of this Section, to be
18paid to the county clerk for his or her services in the office
19of recorder for like services. For the purposes of the fee
20charged, the ordinance or resolution shall divide standard
21documents into the following classifications and shall
22establish a single, all inclusive, county and State-imposed
23aggregate fee charged for each such classification of document
24at the time of recording for that document, which is called the
25document class flat fee. A standard document is not subject to
26more than one classification at the time of recording for the

 

 

HB2358- 12 -LRB103 26303 AWJ 52663 b

1purposes of imposing any fee. Each standard document shall
2fall within one of the following document class flat fee
3classifications and fees for each document class shall be
4charged 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
21predictable fee schedule is adopted pursuant to subsection (b)
22and any document class flat fee exceeds $31 $21, the county
23board 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
17board under subsection (b), the county board may, by ordinance
18or resolution, increase the document class flat fee and
19collect the increased fees only if the increase is justified
20by a cost study that shows that the fees allowed by subsections
21(c) and (d) are not sufficient to cover the cost of providing
22the service related to the document class for which the fee is
23to be increased. A statement of the costs of providing each
24service, program, and activity shall be prepared by the county
25board. All supporting documents shall be public record and
26subject to public examination and audit. All direct and

 

 

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1indirect costs, as defined in the United States Office of
2Management and Budget Circular A-87, may be included in the
3determination of the costs of each service, program, and
4activity.
5    Nothing in this Section precludes a county board from
6adjusting amounts or allocations within a given document class
7flat fee as long as the document class flat fee is not
8increased.
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.
12Except as provided for in Section 4-12002.1, the fees of the
13recorder in counties of the third class for recording deeds or
14other instruments in writing and maps of plats of additions,
15subdivisions or otherwise, and for certifying copies of
16records, shall be paid in advance and shall be as follows:
17    For recording deeds or other instruments $20 for the first
182 pages thereof, plus $2 for each additional page thereof. The
19aggregate minimum fee for recording any one instrument shall
20not be less than $20.
21    For recording deeds or other instruments wherein the
22premises affected thereby are referred to by document number
23and not by legal description the recorder shall charge a fee of
24$4 in addition to that hereinabove referred to for each
25document number therein noted.

 

 

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1    For recording deeds or other instruments wherein more than
2one tract, parcel or lot is described and such additional
3tract, or tracts, parcel or parcels, lot or lots is or are
4described therein as falling in a separate or different
5addition or subdivision the recorder shall charge as an
6additional fee, to that herein provided, the sum of $2 for each
7additional addition or subdivision referred to in such deed or
8instrument.
9    For recording any document that affects an interest in
10real property other than documents which solely affect or
11relate to an easement for water, sewer, electricity, gas,
12telephone or other public service, the recorder shall charge a
13fee of $1 per document to all filers of documents not filed by
14any State agency, any unit of local government, or any school
15district. Fifty cents of the $1 fee hereby established shall
16be deposited into the County General Revenue Fund. The
17remaining $0.50 shall be deposited into the County Recorder
18Document Storage System Fund and may not be appropriated or
19expended for any other purpose. The additional amounts
20available to the recorder for expenditure from the County
21Recorder Document Storage System Fund shall not offset or
22reduce any other county appropriations or funding for the
23office of the recorder.
24    For recording maps or plats of additions, subdivisions or
25otherwise (including the spreading of the same of record in
26well bound books) $100 plus $2 for each tract, parcel or lot

 

 

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1contained therein.
2    For certified copies of records the same fees as for
3recording, but in no case shall the fee for a certified copy of
4a map or plat of an addition, subdivision or otherwise exceed
5$200.
6    For non-certified copies of records, an amount not to
7exceed one half of the amount provided herein for certified
8copies, according to a standard scale of fees, established by
9county ordinance and made public.
10    For filing of each release of any chattel mortgage or
11trust deed which has been filed but not recorded and for
12indexing the same in the book to be kept for that purpose $10.
13    For processing the sworn or affirmed statement required
14for filing a deed or assignment of a beneficial interest in a
15land trust in accordance with Section 3-5020 of this Code, $2.
16    The recorder shall charge an additional fee, in an amount
17equal to the fee otherwise provided by law, for recording a
18document (other than a document filed under the Plat Act or the
19Uniform Commercial Code) that does not conform to the
20following 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.

 

 

HB2358- 18 -LRB103 26303 AWJ 52663 b

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.
16A document that does not conform to these standards shall not
17be recorded except upon payment of the additional fee required
18under this paragraph. This paragraph, as amended by this
19amendatory Act of 1995, applies only to documents dated after
20the effective date of this amendatory Act of 1995.
21    The recorder shall collect an $18 a $9 Rental Housing
22Support Program State surcharge for the recordation of any
23real estate-related document. Payment of the Rental Housing
24Support Program State surcharge shall be evidenced by a
25receipt that shall be marked upon or otherwise affixed to the
26real estate-related document by the recorder. The form of this

 

 

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1receipt shall be prescribed by the Department of Revenue and
2the receipts shall be issued by the Department of Revenue to
3each county recorder.
4    The recorder shall not collect the Rental Housing Support
5Program State surcharge from any State agency, any unit of
6local government or any school district.
7    On the 15th day of each month, each county recorder shall
8report to the Department of Revenue, on a form prescribed by
9the Department, the number of real estate-related documents
10recorded for which the Rental Housing Support Program State
11surcharge was collected. Each recorder shall submit $18 $9 of
12each surcharge collected in the preceding month to the
13Department of Revenue and the Department shall deposit these
14amounts in the Rental Housing Support Program Fund. Subject to
15appropriation, amounts in the Fund may be expended only for
16the purpose of funding and administering the Rental Housing
17Support Program.
18    For purposes of this Section, "real estate-related
19document" means that term as it is defined in Section 7 of the
20Rental Housing Support Program Act.
21    The fee requirements of this Section apply to units of
22local government and school districts.
23    Regardless of any other provision in this Section, the
24maximum fee that may be collected from the Department of
25Revenue for filing or indexing a lien, certificate of lien
26release or subordination, or any other type of notice or other

 

 

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1documentation affecting or concerning a lien is $5. Regardless
2of any other provision in this Section, the maximum fee that
3may be collected from the Department of Revenue for indexing
4each additional name in excess of one for any lien,
5certificate of lien release or subordination, or any other
6type of notice or other documentation affecting or concerning
7a 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
11third 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
3nonstandard document.
4    (b) On or before January 1, 2020, a county shall adopt and
5implement, by ordinance or resolution, a predictable fee
6schedule that eliminates surcharges or fees based on the
7individual attributes of a standard document to be recorded.
8The initial predictable fee schedule approved by a county
9board shall be set only as allowed under subsection (c) and any
10subsequent predictable fee schedule approved by a county board
11shall be set only as allowed under subsection (d). Except as to
12the recording of standard documents, the fees imposed by
13Section 4-12002 shall remain in effect. Under a predictable
14fee schedule, which only applies to standard documents, no
15charge shall be based on: page count; number, length, or type
16of legal descriptions; number of tax identification or other
17parcel identifying code numbers; number of common addresses;
18number of references contained as to other recorded documents
19or document numbers; or any other individual attribute of the
20document except as expressly provided in this Section. The fee
21charged under this Section shall be inclusive of all county
22and State fees that the county may elect or is required to
23impose or adjust, including, but not limited to, GIS fees,
24automation fees, document storage fees, and the Rental Housing
25Support Program State surcharge.
26    A predictable fee schedule ordinance or resolution adopted

 

 

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1under this Section shall list standard document fees,
2including document class flat fees as required by subsection
3(c), and nonstandard document fees.
4    Before approval of an ordinance or resolution under this
5Section, the recorder or county clerk shall post a notice in
6his or her office at least 2 weeks prior, but not more than 4
7weeks prior, to the public meeting at which the ordinance or
8resolution may be adopted. The notice shall contain the
9proposed ordinance or resolution number, if any, the proposed
10document class flat fees for each classification, and a
11reference to this Section or this amendatory Act of the 100th
12General Assembly.
13    A predictable fee schedule takes effect 60 days after an
14ordinance or resolution is adopted.
15    (c) Pursuant to an ordinance or resolution adopted under
16subsection (b), the recorder elected as provided for in this
17Division shall receive such fees as are or may be provided for
18him or her by law, in case of provision thereof: otherwise he
19or she shall receive the same fees as are or may be provided in
20this Section except when increased by county ordinance or
21resolution pursuant to the provisions of this Section, to be
22paid to the county clerk for his or her services in the office
23of recorder for like services. For the purposes of the fee
24charged, the ordinance or resolution shall divide standard
25documents into the following classifications and shall
26establish a single, all-inclusive, county and State-imposed

 

 

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1aggregate fee charged for each such classification of document
2at the time of recording for that document, which is called the
3document class flat fee. A standard document is not subject to
4more than one classification at the time of recording for the
5purposes of imposing any fee. Each standard document shall
6fall within one of the following document class flat fee
7classifications and fees for each document class shall be
8charged 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
25board under subsection (b), the county board may, by ordinance
26or resolution, increase the document class flat fee and

 

 

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1collect the increased fees if the established fees are not
2sufficient to cover the costs of providing the services
3related to the document class for which the fee is to be
4increased.
5    Nothing in this Section precludes a county board from
6adjusting amounts or allocations within a given document class
7flat 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
10amended by changing Section 15 and by adding Section 30 as
11follows:
 
12    (310 ILCS 105/15)
13    Sec. 15. Grants to local administering agencies.
14    (a) Under the program, the Authority shall make grants to
15local administering agencies to provide subsidies to landlords
16to enable the landlords to charge rent affordable for
17low-income tenants. Grants shall also include an amount for
18the operating expenses of local administering agencies. On an
19annual basis, operating expenses for local administering
20agencies shall not exceed 10% for grants under $500,000 and
21shall not exceed 7% for grants over $500,000. If a grant to a
22local administering agency covers more than one year, the
23Authority shall calculate operating expenses on an annual pro
24rata 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
2rata share is greater than $500,000, then the fee shall be 7%.
3    (b) The Authority shall develop a request-for-proposals
4process for soliciting proposals from local administering
5agencies and for awarding grants. The request-for-proposals
6process and the funded projects must be consistent with the
7criteria set forth in Section 25 and with additional criteria
8set forth by the Authority in rules implementing this Act. As
9part of the request-for-proposals process and subject to the
10requirements contained in subsection (d), best efforts will be
11used to prioritize local administering agencies that serve the
12county in which annual receipts were collected upon receipt of
13current data from the Department of Revenue applicable to the
14annual receipts.
15    (c) Local administering agencies may be local governmental
16bodies, local housing authorities, or not-for-profit
17organizations. The Authority shall set forth in rules the
18financial and capacity requirements necessary for an
19organization to qualify as a local administering agency and
20the parameters for administration of the grants by local
21administering agencies. The Authority shall use best efforts
22through outreach to local administering agencies to encourage
23at least one local administering agency to serve each county,
24subject to subsection (d).
25    (d) The Authority shall distribute grants to local
26administering agencies according to a formula based on U.S.

 

 

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1Census data. The formula shall determine percentages of the
2funds to be distributed to the following geographic areas: (i)
3Chicago; (ii) suburban areas: Cook County (excluding Chicago),
4DuPage County, Lake County, Kane County, Will County, and
5McHenry County; (iii) small metropolitan areas: Springfield,
6Rockford, Peoria, Decatur, Champaign-Urbana,
7Bloomington-Normal, Rock Island, DeKalb, Madison County,
8Moline, Pekin, Rantoul, and St. Clair County; and (iv) rural
9areas, defined as all areas of the State not specifically
10named in items (i), (ii), and (iii) of this subsection. A
11geographic area's percentage share shall be determined by the
12total number of households that have an annual income of less
13than 50% of State median income for a household of 4, as
14determined by the U.S. Department of Housing and Urban
15Development, and that are paying more than 30% of their income
16for rent. The geographic distribution shall be re-determined
17by the Authority each time new U.S. Census data becomes
18available. The Authority shall phase in any changes to the
19geographic formula to prevent a large withdrawal of resources
20from one area that could negatively impact households
21receiving rental housing support. Up to 20% of the funds
22allocated for rural areas, as defined in this subsection, may
23be set aside and awarded to one administering agency to be
24distributed throughout the rural areas in the State to
25localities that desire a number of subsidized units of housing
26that is too small to justify the establishment of a full local

 

 

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1program. In those localities, the administering agency may
2contract with local agencies to share the administrative tasks
3of the program, such as inspections of units.
4    (e) In order to ensure applications from all geographic
5areas of the State, the Authority shall create a plan to ensure
6that potential local administering agencies have ample time
7and support to consider making an application and to prepare
8an application. Such a plan must include, but is not limited
9to: an outreach and education plan regarding the program and
10the requirements for a local administering agency; ample time
11between the initial notice of funding ability and the deadline
12to submit an application, which shall not be less than 9
13months; and access to assistance from the Authority or another
14agency in considering and preparing the application.
15    (f) In order to maintain consistency for households
16receiving rental housing support, the Authority shall, to the
17extent possible given funding resources available in the
18Rental Housing Support Program, continue to fund local
19administering agencies at the same level on an annual basis,
20unless the Authority determines that a local administering
21agency is not meeting the criteria set forth in Section 25 or
22is not adhering to other standards set forth by rule by the
23Authority.
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
2Allocation Task Force.
3    (a) The Illinois Rental Housing Support Program Funding
4Allocation Task Force is hereby created. The Task Force shall
5consist 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
1530 days after the effective date of this amendatory Act of the
16103rd General Assembly. If any members are not appointed
17within the 30-day period, the entity or person responsible for
18making the appointment shall be deemed to have forfeited the
19right to make such appointment.
20    (b) Once appointed, the members shall elect a chairperson
21and vice chairperson by a simple majority vote.
22    If a vacancy occurs on the Task Force, it shall be filled
23according to the initial appointment.
24    At the discretion of the chair, additional individuals may
25participate as nonvoting members in the meetings of the Task
26Force.

 

 

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1    Members of the Task Force shall serve without
2compensation. The Illinois Housing Development Authority shall
3provide staff and administrative services to the Task Force.
4    (c) Once all members have been appointed, the Task Force
5shall meet not less than 3 times to carry out the duties
6prescribed in this Section. Members of the Task Force may
7attend such meetings virtually.
8    (d) A report delineating the Task Force's findings,
9conclusions, and recommendations shall be submitted to the
10General Assembly no later than March 31, 2024.
11    (e) The members of the Task Force are exempt from
12requirements of the State Officials and Employees Ethics Act,
13the Illinois Governmental Ethics Act, or any other applicable
14law or regulation that would require Task Force members to
15complete trainings, disclosures, or other filings since the
16Task Force is of limited duration and is charged only with
17delivering a non-binding report.
18    (f) The Task Force shall study and make recommendations
19regarding the equitable distribution of rental housing support
20funds across the State. The Task Force shall also work with the
21Illinois Housing Development Authority as funding allocations
22will be required to be adjusted due to data released by the
23United 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
261, 2024.