Illinois General Assembly - Full Text of HB3878
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Full Text of HB3878  102nd General Assembly

HB3878eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3878 EngrossedLRB102 14197 AWJ 19549 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.
10    The recorder shall charge an additional fee, in an amount
11equal to the fee otherwise provided by law, for recording a
12document (other than a document filed under the Plat Act or the
13Uniform Commercial Code) that does not conform to the
14following standards:
15        (1) The document shall consist of one or more
16    individual sheets measuring 8.5 inches by 11 inches, not
17    permanently bound and not a continuous form. Graphic
18    displays accompanying a document to be recorded that
19    measure up to 11 inches by 17 inches shall be recorded
20    without charging an additional fee.
21        (2) The document shall be legibly printed in black
22    ink, by hand, type, or computer. Signatures and dates may
23    be in contrasting colors if they will reproduce clearly.
24        (3) The document shall be on white paper of not less
25    than 20-pound weight and shall have a clean margin of at
26    least one-half inch on the top, the bottom, and each side.

 

 

HB3878 Engrossed- 5 -LRB102 14197 AWJ 19549 b

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

 

 

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

 

 

HB3878 Engrossed- 7 -LRB102 14197 AWJ 19549 b

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

 

 

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1fees that may be collected from any officer, agency,
2department or other instrumentality of the State. The county
3board may, however, by ordinance or resolution, increase the
4fees allowed by this Section and collect such increased fees
5from all persons and entities other than officers, agencies,
6departments and other instrumentalities of the State if the
7increase is justified by an acceptable cost study showing that
8the fees allowed by this Section are not sufficient to cover
9the cost of providing the service. Regardless of any other
10provision in this Section, the maximum fee that may be
11collected from the Department of Revenue for filing or
12indexing a lien, certificate of lien release or subordination,
13or any other type of notice or other documentation affecting
14or concerning a lien is $5. Regardless of any other provision
15in this Section, the maximum fee that may be collected from the
16Department of Revenue for indexing each additional name in
17excess of one for any lien, certificate of lien release or
18subordination, or any other type of notice or other
19documentation affecting or concerning a lien is $1.
20    A statement of the costs of providing each service,
21program and activity shall be prepared by the county board.
22All supporting documents shall be public record and subject to
23public examination and audit. All direct and indirect costs,
24as defined in the United States Office of Management and
25Budget Circular A-87, may be included in the determination of
26the costs of each service, program and activity.

 

 

HB3878 Engrossed- 9 -LRB102 14197 AWJ 19549 b

1(Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19.)
 
2    (55 ILCS 5/3-5018.1)
3    Sec. 3-5018.1. Predictable fee schedule.
4    (a) As used in this Section:
5    "Nonstandard document" means:
6        (1) a document that creates a division of a then
7    active existing tax parcel identification number;
8        (2) a document recorded pursuant to the Uniform
9    Commercial Code;
10        (3) a document which is non-conforming, as described
11    in paragraphs (1) through (5) of Section 3-5018;
12        (4) a State lien or a federal lien;
13        (5) a document making specific reference to more than
14    5 tax parcel identification numbers in the county in which
15    it is presented for recording; or
16        (6) a document making specific reference to more than
17    5 other document numbers recorded in the county in which
18    it is presented for recording.
19    "Standard document" means any document other than a
20nonstandard document.
21    (b) On or before January 1, 2019, a county shall adopt and
22implement, by ordinance or resolution, a predictable fee
23schedule that eliminates surcharges or fees based on the
24individual attributes of a standard document to be recorded.
25The initial predictable fee schedule approved by a county

 

 

HB3878 Engrossed- 10 -LRB102 14197 AWJ 19549 b

1board shall be set only as allowed under subsections (c) and
2(d) and any subsequent predictable fee schedule approved by a
3county board shall be set only as allowed under subsection
4(e). Except as to the recording of standard documents, the
5fees imposed by Section 3-5018 shall remain in effect. Under a
6predictable fee schedule, no charge shall be based on: page
7count; number, length, or type of legal descriptions; number
8of tax identification or other parcel identifying code
9numbers; number of common addresses; number of references
10contained as to other recorded documents or document numbers;
11or any other individual attribute of the document except as
12expressly provided in this Section. The fee charged under this
13Section shall be inclusive of all county and State fees that
14the county may elect or is required to impose or adjust,
15including, but not limited to, GIS fees, automation fees,
16document storage fees, and the Rental Housing Support Program
17State surcharge.
18    A predictable fee schedule ordinance or resolution adopted
19under this Section shall list standard document fees,
20including document class flat fees as required by subsection
21(c), and non-standard document fees.
22    Before approval of an ordinance or resolution under this
23Section, the recorder or county clerk shall post a notice in
24their office at least 2 weeks prior, but not more than 4 weeks
25prior, to the public meeting at which the ordinance or
26resolution may be adopted. The notice shall contain the

 

 

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

 

 

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1(d):
2        (1) Deeds. The aggregate fee for recording deeds shall
3    not be less than $31 $21 (being a minimum $13 $12 county
4    fee plus $18 $9 for the Rental Housing Support Program
5    State surcharge). Inclusion of language in the deed as to
6    any restriction; covenant; lien; oil, gas, or other
7    mineral interest; easement; lease; or a mortgage shall not
8    alter the classification of a document as a deed.
9        (2) Leases, lease amendments, and similar transfer of
10    interest documents. The aggregate fee for recording
11    leases, lease amendments, and similar transfers of
12    interest documents shall not be less than $31 $21 (being a
13    minimum $13 $12 county fee plus $18 $9 for the Rental
14    Housing Support Program State surcharge).
15        (3) Mortgages. The aggregate fee for recording
16    mortgages, including assignments, extensions, amendments,
17    subordinations, and mortgage releases shall not be less
18    than $31 $21 (being a minimum $13 $12 county fee plus $18
19    $9 for the Rental Housing Support Program State
20    surcharge).
21        (4) Easements not otherwise part of another
22    classification. The aggregate fee for recording easements
23    not otherwise part of another classification, including
24    assignments, extensions, amendments, and easement releases
25    not filed by a State agency, unit of local government, or
26    school district shall not be less than $31 $21 (being a

 

 

HB3878 Engrossed- 13 -LRB102 14197 AWJ 19549 b

1    minimum $13 $12 county fee plus $18 $9 for the Rental
2    Housing Support Program State surcharge).
3        (5) Miscellaneous. The aggregate fee for recording
4    documents not otherwise falling within classifications set
5    forth in paragraphs (1) through (4) and are not
6    nonstandard documents shall not be less than $31 $21
7    (being a minimum $13 $12 county fee plus $18 $9 for the
8    Rental Housing Support Program State surcharge). Nothing
9    in this subsection shall preclude an alternate predictable
10    fee schedule for electronic recording within each of the
11    classifications set forth in this subsection (c). If the
12    Rental Housing Support Program State surcharge is amended
13    and the surcharge is increased or lowered, the aggregate
14    amount of the document flat fee attributable to the
15    surcharge in the document may be changed accordingly.
16    (d) If an ordinance or resolution establishing a
17predictable fee schedule is adopted pursuant to subsection (b)
18and any document class flat fee exceeds $31 $21, the county
19board shall:
20        (1) obtain from the clerk or recorder an analysis of
21    the average fees collected for the recording of each of
22    the classifications under subsection (c) based on the 3
23    previous years of recording data, and, if a cost study has
24    not been performed, set respective document class flat
25    fees for each of the 5 document classifications at the
26    average for that class rounded upward to the next whole

 

 

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1    dollar amount; or
2        (2) if a cost study has been completed within the last
3    3 years that shows $31 $21 is not sufficient to cover the
4    costs of providing the services related to each document
5    class, obtain from the clerk or recorder an analysis of
6    the average fees collected for the recording of each of
7    the document classifications under subsection (c) from the
8    date of the cost study and set respective document class
9    flat fees for each of the 5 document classifications at
10    the average for that document class rounded upward to the
11    next whole dollar amount.
12    (e) After a document class flat fee is approved by a county
13board under subsection (b), the county board may, by ordinance
14or resolution, increase the document class flat fee and
15collect the increased fees only if the increase is justified
16by a cost study that shows that the fees allowed by subsections
17(c) and (d) are not sufficient to cover the cost of providing
18the service related to the document class for which the fee is
19to be increased. A statement of the costs of providing each
20service, program, and activity shall be prepared by the county
21board. All supporting documents shall be public record and
22subject to public examination and audit. All direct and
23indirect costs, as defined in the United States Office of
24Management and Budget Circular A-87, may be included in the
25determination of the costs of each service, program, and
26activity.

 

 

HB3878 Engrossed- 15 -LRB102 14197 AWJ 19549 b

1    Nothing in this Section precludes a county board from
2adjusting amounts or allocations within a given document class
3flat fee as long as the document class flat fee is not
4increased.
5(Source: P.A. 100-271, eff. 8-22-17.)
 
6    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
7    Sec. 4-12002. Fees of recorder in third class counties.
8Except as provided for in Section 4-12002.1, the fees of the
9recorder in counties of the third class for recording deeds or
10other instruments in writing and maps of plats of additions,
11subdivisions or otherwise, and for certifying copies of
12records, shall be paid in advance and shall be as follows:
13    For recording deeds or other instruments $20 for the first
142 pages thereof, plus $2 for each additional page thereof. The
15aggregate minimum fee for recording any one instrument shall
16not be less than $20.
17    For recording deeds or other instruments wherein the
18premises affected thereby are referred to by document number
19and not by legal description the recorder shall charge a fee of
20$4 in addition to that hereinabove referred to for each
21document number therein noted.
22    For recording deeds or other instruments wherein more than
23one tract, parcel or lot is described and such additional
24tract, or tracts, parcel or parcels, lot or lots is or are
25described therein as falling in a separate or different

 

 

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1addition or subdivision the recorder shall charge as an
2additional fee, to that herein provided, the sum of $2 for each
3additional addition or subdivision referred to in such deed or
4instrument.
5    For recording any document that affects an interest in
6real property other than documents which solely affect or
7relate to an easement for water, sewer, electricity, gas,
8telephone or other public service, the recorder shall charge a
9fee of $1 per document to all filers of documents not filed by
10any State agency, any unit of local government, or any school
11district. Fifty cents of the $1 fee hereby established shall
12be deposited into the County General Revenue Fund. The
13remaining $0.50 shall be deposited into the County Recorder
14Document Storage System Fund and may not be appropriated or
15expended for any other purpose. The additional amounts
16available to the recorder for expenditure from the County
17Recorder Document Storage System Fund shall not offset or
18reduce any other county appropriations or funding for the
19office of the recorder.
20    For recording maps or plats of additions, subdivisions or
21otherwise (including the spreading of the same of record in
22well bound books) $100 plus $2 for each tract, parcel or lot
23contained therein.
24    For certified copies of records the same fees as for
25recording, but in no case shall the fee for a certified copy of
26a map or plat of an addition, subdivision or otherwise exceed

 

 

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1$200.
2    For non-certified copies of records, an amount not to
3exceed one half of the amount provided herein for certified
4copies, according to a standard scale of fees, established by
5county ordinance and made public.
6    For filing of each release of any chattel mortgage or
7trust deed which has been filed but not recorded and for
8indexing the same in the book to be kept for that purpose $10.
9    For processing the sworn or affirmed statement required
10for filing a deed or assignment of a beneficial interest in a
11land trust in accordance with Section 3-5020 of this Code, $2.
12    The recorder shall charge an additional fee, in an amount
13equal to the fee otherwise provided by law, for recording a
14document (other than a document filed under the Plat Act or the
15Uniform Commercial Code) that does not conform to the
16following standards:
17        (1) The document shall consist of one or more
18    individual sheets measuring 8.5 inches by 11 inches, not
19    permanently bound and not a continuous form. Graphic
20    displays accompanying a document to be recorded that
21    measure up to 11 inches by 17 inches shall be recorded
22    without charging an additional fee.
23        (2) The document shall be legibly printed in black
24    ink, by hand, type, or computer. Signatures and dates may
25    be in contrasting colors if they will reproduce clearly.
26        (3) The document shall be on white paper of not less

 

 

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1    than 20-pound weight and shall have a clean margin of at
2    least one-half inch on the top, the bottom, and each side.
3    Margins may be used only for non-essential notations that
4    will not affect the validity of the document, including
5    but not limited to form numbers, page numbers, and
6    customer notations.
7        (4) The first page of the document shall contain a
8    blank space, measuring at least 3 inches by 5 inches, from
9    the upper right corner.
10        (5) The document shall not have any attachment stapled
11    or otherwise affixed to any page.
12A document that does not conform to these standards shall not
13be recorded except upon payment of the additional fee required
14under this paragraph. This paragraph, as amended by this
15amendatory Act of 1995, applies only to documents dated after
16the effective date of this amendatory Act of 1995.
17    The recorder shall collect a $18 $9 Rental Housing Support
18Program State surcharge for the recordation of any real
19estate-related document. Payment of the Rental Housing Support
20Program State surcharge shall be evidenced by a receipt that
21shall be marked upon or otherwise affixed to the real
22estate-related document by the recorder. The form of this
23receipt shall be prescribed by the Department of Revenue and
24the receipts shall be issued by the Department of Revenue to
25each county recorder.
26    The recorder shall not collect the Rental Housing Support

 

 

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1Program State surcharge from any State agency, any unit of
2local government or any school district.
3    On the 15th day of each month, each county recorder shall
4report to the Department of Revenue, on a form prescribed by
5the Department, the number of real estate-related documents
6recorded for which the Rental Housing Support Program State
7surcharge was collected. Each recorder shall submit $18 $9 of
8each surcharge collected in the preceding month to the
9Department of Revenue and the Department shall deposit these
10amounts in the Rental Housing Support Program Fund. Subject to
11appropriation, amounts in the Fund may be expended only for
12the purpose of funding and administering the Rental Housing
13Support Program.
14    For purposes of this Section, "real estate-related
15document" means that term as it is defined in Section 7 of the
16Rental Housing Support Program Act.
17    The fee requirements of this Section apply to units of
18local government and school districts.
19    Regardless of any other provision in this Section, the
20maximum fee that may be collected from the Department of
21Revenue for filing or indexing a lien, certificate of lien
22release or subordination, or any other type of notice or other
23documentation affecting or concerning a lien is $5. Regardless
24of any other provision in this Section, the maximum fee that
25may be collected from the Department of Revenue for indexing
26each additional name in excess of one for any lien,

 

 

HB3878 Engrossed- 20 -LRB102 14197 AWJ 19549 b

1certificate of lien release or subordination, or any other
2type of notice or other documentation affecting or concerning
3a lien is $1.
4(Source: P.A. 100-1034, eff. 1-1-19.)
 
5    (55 ILCS 5/4-12002.1)
6    Sec. 4-12002.1. Predictable fee schedule for recordings in
7third class counties.
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 4-12002;
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, 2020, 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 subsection (c) and any
6subsequent predictable fee schedule approved by a county board
7shall be set only as allowed under subsection (d). Except as to
8the recording of standard documents, the fees imposed by
9Section 4-12002 shall remain in effect. Under a predictable
10fee schedule, which only applies to standard documents, no
11charge shall be based on: page count; number, length, or type
12of legal descriptions; number of tax identification or other
13parcel identifying code numbers; number of common addresses;
14number of references contained as to other recorded documents
15or document numbers; or any other individual attribute of the
16document except as expressly provided in this Section. The fee
17charged under this Section shall be inclusive of all county
18and State fees that the county may elect or is required to
19impose or adjust, including, but not limited to, GIS fees,
20automation fees, document storage fees, and the Rental Housing
21Support Program State 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 nonstandard 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
2his or her office at least 2 weeks prior, but not more than 4
3weeks prior, 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

 

 

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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 $39 $29 (being a minimum $21 $20 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 $39 $29 (being a
17    minimum $21 $20 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 $39 $29 (being a minimum $21 $20 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 $39 $29 (being a
5    minimum $21 $20 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 $39 $29
11    (being a minimum $21 $20 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) After a document class flat fee is approved by a county
21board under subsection (b), the county board may, by ordinance
22or resolution, increase the document class flat fee and
23collect the increased fees if the established fees are not
24sufficient to cover the costs of providing the services
25related to the document class for which the fee is to be
26increased.

 

 

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1    Nothing in this Section precludes a county board from
2adjusting amounts or allocations within a given document class
3flat fee when the document class flat fee is not increased.
4(Source: P.A. 100-1034, eff. 1-1-19.)
 
5    Section 10. The Rental Housing Support Program Act is
6amended by changing Section 15 and by adding Section 30 as
7follows:
 
8    (310 ILCS 105/15)
9    Sec. 15. Grants to local administering agencies.
10    (a) Under the program, the Authority shall make grants to
11local administering agencies to provide subsidies to landlords
12to enable the landlords to charge rent affordable for
13low-income tenants. Grants shall also include an amount for
14the operating expenses of local administering agencies. On an
15annual basis, operating expenses for local administering
16agencies shall not exceed 10% for grants under $500,000 and
17shall not exceed 7% for grants over $500,000. If a grant to a
18local administering agency covers more than one year, the
19Authority shall calculate operating expenses on an annual pro
20rata share of the grant. If the annual pro rata share is
21$500,000 or less, then the fee shall be 10%; if the annual pro
22rata share is greater than $500,000, then the fee shall be 7%.
23    (b) The Authority shall develop a request-for-proposals
24process for soliciting proposals from local administering

 

 

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1agencies and for awarding grants. The request-for-proposals
2process and the funded projects must be consistent with the
3criteria set forth in Section 25 and with additional criteria
4set forth by the Authority in rules implementing this Act. As
5part of the request-for-proposal process and subject to the
6requirements contained in subsection (d), best efforts will be
7used to prioritize local administering agencies that serve the
8county in which annual receipts were collected upon receipt of
9current data from the Department of Revenue applicable to the
10annual receipts.
11    (c) Local administering agencies may be local governmental
12bodies, local housing authorities, or not-for-profit
13organizations. The Authority shall set forth in rules the
14financial and capacity requirements necessary for an
15organization to qualify as a local administering agency and
16the parameters for administration of the grants by local
17administering agencies. The Authority shall use best efforts
18through outreach to local administering agencies to encourage
19at least one local administering agency to serve each county,
20subject to subsection (d).
21    (d) The Authority shall distribute grants to local
22administering agencies according to a formula based on U.S.
23Census data. The formula shall determine percentages of the
24funds to be distributed to the following geographic areas: (i)
25Chicago; (ii) suburban areas: Cook County (excluding Chicago),
26DuPage County, Lake County, Kane County, Will County, and

 

 

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

 

 

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1areas of the State, the Authority shall create a plan to ensure
2that potential local administering agencies have ample time
3and support to consider making an application and to prepare
4an application. Such a plan must include, but is not limited
5to: an outreach and education plan regarding the program and
6the requirements for a local administering agency; ample time
7between the initial notice of funding ability and the deadline
8to submit an application, which shall not be less than 9
9months; and access to assistance from the Authority or another
10agency in considering and preparing the application.
11    (f) In order to maintain consistency for households
12receiving rental housing support, the Authority shall, to the
13extent possible given funding resources available in the
14Rental Housing Support Program, continue to fund local
15administering agencies at the same level on an annual basis,
16unless the Authority determines that a local administering
17agency is not meeting the criteria set forth in Section 25 or
18is not adhering to other standards set forth by rule by the
19Authority.
20(Source: P.A. 97-952, eff. 1-1-13.)
 
21    (310 ILCS 105/30 new)
22    Sec. 30. Illinois Rental Housing Support Program Funding
23Allocation Task Force.
24    (a) The Illinois Rental Housing Support Program Funding
25Allocation Task Force is hereby created. The Task Force shall

 

 

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1consist of the following members:
2        (1) One member appointed by the President of the
3    Senate.
4        (2) One member appointed by the Minority Leader of the
5    Senate.
6        (3) One member appointed by the Speaker of the House
7    of Representatives.
8        (4) One member appointed by the Minority Leader of the
9    House of Representatives.
10        (5) One member appointed by the Illinois Housing
11    Development Authority.
12        (6) One member representing the Chicago Low-Income
13    Housing Trust Fund, appointed by the Board of Directors of
14    the Trust Fund.
15        (7) One member representing a local administering
16    agency from Cook County (excluding Chicago), DuPage
17    County, Lake County, Kane County, Will County, or McHenry
18    County, appointed by the Governor.
19        (8) One member, appointed by the Governor,
20    representing a local administering agency from a small
21    metropolitan area from one of the following areas:
22    Springfield, Rockford, Peoria, Decatur, Champaign, Urbana,
23    Bloomington, Normal, Rock Island, DeKalb, Madison County,
24    Moline, Pekin, Rantoul, or St. Clair County.
25        (9) One member representing a local administering
26    agency from a rural areas, appointed by the Governor. As

 

 

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1    used in this paragraph, "rural area" means an area of the
2    State not specifically named in paragraphs (8) or (9).
3        (10) One member from an organization representing
4    Illinois clerks and recorders, appointed by the Governor.
5        (11) Up to two members representing a Section
6    501(c)(3) affordable housing advocacy organization,
7    appointed by the Governor.
8        (12) One additional member appointed by the Governor.
9    Members of the Task Force must be appointed no later than
1030 days after the effective date of this amendatory Act of the
11102nd General Assembly. If any members are not appointed
12within the 30-day period, the entity or person responsible for
13making the appointment shall be deemed to have forfeited the
14right to make such appointment.
15    (b) Once appointed, the members shall elect a chairperson
16and vice chairperson by a simple majority vote.
17    If a vacancy occurs on the Task Force, it shall be filled
18according to the initial appointment.
19    At the discretion of the chair, additional individuals may
20participate as nonvoting members in the meetings of the Task
21Force.
22    Members of the Task Force shall serve without
23compensation. The Illinois Housing Development Authority shall
24provide staff and administrative services to the Task Force.
25    (c) Once all members have been appointed, the Task Force
26shall meet not less than 3 times to carry out the duties

 

 

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1prescribed in this Section. Members of the Task Force may
2attend such meetings virtually.
3    (d) A report delineating the Task Force's findings,
4conclusions, and recommendations shall be submitted to the
5General Assembly no later than March 31, 2022.
6    (e) The members of the Task Force are exempt from
7requirements of the State Officials and Employees Ethics Act,
8the Illinois Governmental Ethics Act, or any other applicable
9law or regulation that would require Task Force members to
10complete trainings, disclosures, or other filings since the
11Task Force is of limited duration and is charged only with
12delivering a non-binding report.
13    (f) The Task Force shall study and make recommendations
14regarding the equitable distribution of rental housing support
15funds across the State. The Task Force shall also work with the
16Illinois Housing Development Authority as funding allocations
17will be required to be adjusted due to data released by the
18United States Census Bureau on the 2020 decennial census.
19    (g) This Section is repealed on March 31, 2023.
 
20    Section 99. Effective date. This Act takes effect January
211, 2022.