Full Text of SB3479 97th General Assembly
SB3479ham003 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 1/6/2013
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| 1 | | AMENDMENT TO SENATE BILL 3479
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3479, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by changing | 6 | | Sections 3-5018 and 4-12002 as follows: | 7 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | 8 | | Sec. 3-5018. Fees. The recorder elected as provided for in | 9 | | this
Division shall receive such fees as are or may be provided | 10 | | for him or her by law,
in case of provision therefor: otherwise | 11 | | he or she shall receive the same fees as
are or may be provided | 12 | | in this Section, except when increased by county
ordinance | 13 | | pursuant to the provisions of this Section, to be paid to the
| 14 | | county clerk for his or her services in the office of recorder | 15 | | for like services. |
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| 1 | | For recording deeds or other instruments, $13 $12 for the | 2 | | first 4 pages
thereof, plus $1 for each additional page | 3 | | thereof, plus $1 for each
additional document number therein | 4 | | noted. The aggregate minimum fee
for recording any one | 5 | | instrument shall not be less than $13. The additional dollar | 6 | | authorized by this amendatory Act of the 97th General Assembly | 7 | | shall be over and above the amount set by county ordinance. | 8 | | Fifty cents of the additional dollar shall be deposited into | 9 | | the county's general revenue fund. Fifty cents of the | 10 | | additional dollar shall be deposited into the Recorder's | 11 | | Automation Fund and may not be appropriated or expended for any | 12 | | other purpose. The amounts available to the recorder for | 13 | | expenditure from the additional dollar authorized by this | 14 | | amendatory Act of the 97th General Assembly shall not offset or | 15 | | reduce any other county appropriations or funding for the | 16 | | office of the recorder. $12. | 17 | | For recording deeds or other instruments wherein the | 18 | | premises
affected thereby are referred to by document number | 19 | | and not by legal
description, a fee of $1 in addition to that | 20 | | hereinabove referred to for
each document number therein noted. | 21 | | For recording assignments of mortgages, leases or liens, | 22 | | $13 $12 for the
first 4 pages thereof, plus $1 for each | 23 | | additional page thereof. However,
except for leases and liens | 24 | | pertaining to oil, gas and other minerals,
whenever a mortgage, | 25 | | lease or lien assignment assigns more than one
mortgage, lease | 26 | | or lien document, a $7 fee shall be charged for the recording
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| 1 | | of each such mortgage, lease or lien document after the first | 2 | | one. | 3 | | For recording maps or plats of additions or subdivisions | 4 | | approved by the
county or municipality (including the spreading | 5 | | of the same of record in
map case or other proper books) or | 6 | | plats of condominiums, $50 for the first
page, plus $1 for each | 7 | | additional page thereof except that in the case of
recording a | 8 | | single page, legal size 8 1/2 x 14, plat of survey in which
| 9 | | there are no more than two lots or parcels of land, the fee | 10 | | shall be $12.
In each county where such maps or plats are to be | 11 | | recorded, the recorder
may require the same to be accompanied | 12 | | by such number of exact, true and
legible copies thereof as the | 13 | | recorder deems necessary for the efficient
conduct and | 14 | | operation of his or her office. | 15 | | For non-certified copies of records, an amount not to | 16 | | exceed one-half of the amount provided in this Section for | 17 | | certified copies, according to a standard scale of fees, | 18 | | established by county ordinance and made public. The provisions | 19 | | of this paragraph shall not be applicable to any person or | 20 | | entity who obtains non-certified copies of records in the | 21 | | following manner: (i) in bulk for all documents recorded on any | 22 | | given day in an electronic or paper format for a negotiated | 23 | | amount less than the amount provided for in this paragraph for | 24 | | non-certified copies, (ii) under a contractual relationship | 25 | | with the recorder for a negotiated amount less than the amount | 26 | | provided for in this paragraph for non-certified copies, |
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| 1 | | or (iii) by means of Internet access pursuant to Section | 2 | | 5-1106.1. | 3 | | For certified copies of records, the same fees as for | 4 | | recording, but
in no case shall the fee for a certified copy of | 5 | | a map or plat of an
addition, subdivision or otherwise exceed | 6 | | $10. | 7 | | Each certificate of such recorder of the recording of the | 8 | | deed or
other writing and of the date of recording the same | 9 | | signed by such
recorder, shall be sufficient evidence of the | 10 | | recording thereof, and
such certificate including the indexing | 11 | | of record, shall be furnished
upon the payment of the fee for | 12 | | recording the instrument, and no
additional fee shall be | 13 | | allowed for the certificate or indexing. | 14 | | The recorder shall charge an additional fee, in an amount | 15 | | equal to the
fee otherwise provided by law, for recording a | 16 | | document (other than a
document filed under the Plat Act or the | 17 | | Uniform Commercial Code) that does
not conform to the following | 18 | | 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 ink, | 26 | | by hand, type,
or computer. Signatures and dates may be in |
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| 1 | | contrasting colors if they will
reproduce clearly. | 2 | | (3) The document shall be on white paper of not less | 3 | | than 20-pound
weight and shall have a clean margin of at | 4 | | least one-half inch on the top, the
bottom, and each side. | 5 | | Margins may be used for non-essential notations that
will | 6 | | not affect the validity of the document, including but not | 7 | | limited to
form numbers, page numbers, and customer | 8 | | notations. | 9 | | (4) The first page of the document shall contain a | 10 | | blank space, measuring
at least 3 inches by 5 inches, from | 11 | | the upper right corner. | 12 | | (5) The document shall not have any attachment stapled | 13 | | or otherwise
affixed to any page. | 14 | | A document that does not conform to these standards shall
not | 15 | | be recorded except upon payment of the additional fee required | 16 | | under
this paragraph. This paragraph, as amended by this | 17 | | amendatory Act of 1995,
applies only to documents dated after | 18 | | the effective date of this amendatory
Act of 1995. | 19 | | The county board of any county may provide for an | 20 | | additional charge of $3
for filing every instrument, paper, or | 21 | | notice for record, (1)
in order to
defray the cost of | 22 | | converting the county recorder's document storage system
to | 23 | | computers or micrographics
and (2) in order to defray the cost | 24 | | of providing access to records through
the global
information | 25 | | system known as the Internet. | 26 | | A special fund shall be set up by the treasurer of the |
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| 1 | | county and such
funds collected pursuant to Public Act 83-1321 | 2 | | shall be used (1)
for
a document storage system to provide the | 3 | | equipment, materials and necessary
expenses incurred to help | 4 | | defray the costs of implementing and maintaining
such a | 5 | | document records system
and (2) for a system to provide | 6 | | electronic access to
those records. | 7 | | The county board of any county that provides and maintains | 8 | | a countywide map
through a Geographic Information System (GIS) | 9 | | may provide for an additional
charge of $3 for filing every | 10 | | instrument, paper, or notice for record (1)
in order
to defray | 11 | | the cost of implementing or maintaining the county's Geographic
| 12 | | Information System
and (2) in order to defray the cost of | 13 | | providing electronic access to the
county's
Geographic
| 14 | | Information System records.
Of that amount, $2 must be | 15 | | deposited into a special fund
set up by the treasurer of the | 16 | | county, and any moneys collected pursuant to
this amendatory | 17 | | Act of the 91st General Assembly and deposited into that fund
| 18 | | must be used solely for the equipment, materials, and necessary | 19 | | expenses
incurred in implementing and maintaining a Geographic | 20 | | Information System and
in order to defray the cost of providing | 21 | | electronic access to the county's
Geographic Information | 22 | | System records.
The remaining $1 must be deposited into the | 23 | | recorder's special funds created
under Section 3-5005.4. The | 24 | | recorder may, in his or her discretion, use moneys
in the funds | 25 | | created under Section 3-5005.4 to defray the cost of | 26 | | implementing
or maintaining the county's Geographic |
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| 1 | | Information System
and to defray the cost of providing | 2 | | electronic access to the county's
Geographic
Information | 3 | | System records. | 4 | | The recorder shall collect a $9 $10 Rental Housing Support | 5 | | Program State
surcharge for the recordation of any real | 6 | | estate-related document. Payment of the
Rental Housing Support | 7 | | Program State surcharge shall be evidenced by a receipt
that | 8 | | shall be marked upon or otherwise affixed to the real | 9 | | estate-related document
by the recorder. The form of this | 10 | | receipt shall be prescribed by the Department
of Revenue and | 11 | | the receipts shall be issued by the Department of Revenue to
| 12 | | each county recorder. | 13 | | The recorder shall not collect the Rental Housing Support | 14 | | Program State surcharge from any State agency, any unit of | 15 | | local government or any school district. | 16 | | One dollar of each surcharge shall be retained by the | 17 | | county in which it was collected. This dollar shall be | 18 | | deposited into the county's general revenue fund. Fifty cents | 19 | | of that amount shall be used for the costs of administering the | 20 | | Rental Housing Support Program State surcharge and any other | 21 | | lawful expenditures for the operation of the office of the | 22 | | recorder and may not be appropriated or expended for any other | 23 | | purpose. The amounts available to the recorder for expenditure | 24 | | from the surcharge shall not offset or reduce any other county | 25 | | appropriations or funding for the office of the recorder.
| 26 | | On the 15th day of each month, each county recorder shall |
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| 1 | | report
to the Department of Revenue, on a form prescribed by | 2 | | the Department,
the number of real estate-related documents | 3 | | recorded for which
the Rental Housing Support Program
State | 4 | | surcharge was collected. Each recorder shall submit $9 of each | 5 | | surcharge collected in the
preceding month to the Department of | 6 | | Revenue and the Department
shall deposit these amounts in the | 7 | | Rental Housing Support Program Fund. Subject to appropriation, | 8 | | amounts in the Fund may be expended only for the purpose of | 9 | | funding and administering the Rental Housing Support Program. | 10 | | For purposes of this Section, "real estate-related | 11 | | document" means that term as it is defined in Section 7 of the | 12 | | Rental Housing Support Program Act.
| 13 | | The foregoing fees allowed by this Section are the maximum | 14 | | fees that
may be collected from any officer, agency, department | 15 | | or other
instrumentality of the State. The county board may, | 16 | | however, by ordinance,
increase the fees allowed by this | 17 | | Section and collect such increased fees
from all persons and | 18 | | entities other than officers, agencies, departments
and other | 19 | | instrumentalities of the State if the increase is justified by | 20 | | an
acceptable cost study showing that the fees allowed by this | 21 | | Section are not
sufficient to cover the cost of providing the | 22 | | service.
Regardless of any other provision in this Section, the | 23 | | maximum fee that may
be collected from the Department of | 24 | | Revenue for filing or indexing a
lien, certificate of lien | 25 | | release or subordination, or any other type of notice
or other | 26 | | documentation affecting or concerning a lien is $5. Regardless |
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| 1 | | of
any other provision in this Section, the maximum fee that | 2 | | may be collected from
the Department of Revenue for indexing | 3 | | each additional name in excess
of one for any lien, certificate | 4 | | of lien release or subordination, or any other
type of notice | 5 | | or other documentation affecting or concerning a lien is $1. | 6 | | A statement of the costs of providing each service, program | 7 | | and activity
shall be prepared by the county board. All | 8 | | supporting documents shall be
public record and subject to | 9 | | public examination and audit. All direct and
indirect costs, as | 10 | | defined in the United States Office of Management and
Budget | 11 | | Circular A-87, may be included in the determination of the | 12 | | costs of
each service, program and activity. | 13 | | (Source: P.A. 96-1356, eff. 7-28-10.)
| 14 | | (55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
| 15 | | Sec. 4-12002. Fees of recorder in third class counties. The | 16 | | fees of
the recorder in counties of the third class for | 17 | | recording deeds or other
instruments in writing and maps of | 18 | | plats of additions, subdivisions or
otherwise, and for | 19 | | certifying copies of records, shall be paid in advance
and | 20 | | shall be as follows:
| 21 | | For recording deeds or other instruments $21 $20 for the | 22 | | first 2 pages
thereof, plus $2 for each additional page | 23 | | thereof. The aggregate minimum fee
for recording
any one | 24 | | instrument shall not be less than $21. The additional dollar | 25 | | authorized by this amendatory Act of the 97th General Assembly |
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| 1 | | shall be over and above the amount set by county ordinance. | 2 | | Fifty cents of the additional dollar shall be deposited into | 3 | | the county's general revenue fund. Fifty cents of the | 4 | | additional dollar shall be deposited into the Recorder's | 5 | | Automation Fund and may not be appropriated or expended for any | 6 | | other purpose. The amounts available to the recorder for | 7 | | expenditure from the additional dollar authorized by this | 8 | | amendatory Act of the 97th General Assembly shall not offset or | 9 | | reduce any other county appropriations or funding for the | 10 | | office of the recorder. $20.
| 11 | | For recording deeds or other instruments wherein the | 12 | | premises
affected thereby are referred to by document number | 13 | | and not by legal
description the recorder shall charge a fee of | 14 | | $4 in addition
to that hereinabove referred to for each | 15 | | document number therein noted.
| 16 | | For recording deeds or other instruments wherein more than | 17 | | one tract,
parcel or lot is described and such additional | 18 | | tract, or tracts, parcel
or parcels, lot or lots is or are | 19 | | described therein as falling in a
separate or different | 20 | | addition or subdivision the recorder
shall charge as an | 21 | | additional fee, to that herein provided, the sum of
$2 for each | 22 | | additional addition or subdivision referred to in such deed
or | 23 | | instrument.
| 24 | | For recording maps or plats of additions, subdivisions or | 25 | | otherwise
(including the spreading of the same of record in | 26 | | well bound books) $100
plus $2 for each tract, parcel or lot |
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| 1 | | contained therein.
| 2 | | For certified copies of records the same fees as for | 3 | | recording, but
in no case shall the fee for a certified copy of | 4 | | a map or plat of an
addition, subdivision or otherwise exceed | 5 | | $200.
| 6 | | For non-certified copies of records, an amount not to | 7 | | exceed one half of
the amount provided herein for certified | 8 | | copies, according to a standard scale
of fees, established by | 9 | | county ordinance and made public.
| 10 | | For filing of each release of any chattel mortgage or trust | 11 | | deed
which has been filed but not recorded and for indexing the | 12 | | same in the
book to be kept for that purpose $10.
| 13 | | For processing the sworn or affirmed statement required for | 14 | | filing a deed
or assignment of a beneficial interest in a land | 15 | | trust in accordance with
Section 3-5020 of this Code, $2.
| 16 | | The recorder shall charge an additional fee, in an amount | 17 | | equal to the
fee otherwise provided by law, for recording a | 18 | | document (other than a
document filed under the Plat Act or the | 19 | | Uniform Commercial Code) that does
not conform to
the following | 20 | | standards:
| 21 | | (1) The document shall consist of one or more | 22 | | individual sheets
measuring 8.5 inches by 11 inches, not | 23 | | permanently bound and not a
continuous form. Graphic | 24 | | displays accompanying a document to be recorded
that | 25 | | measure up to 11 inches by 17 inches shall be recorded | 26 | | without charging
an additional fee.
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| 1 | | (2) The document shall be legibly printed in black ink,
| 2 | | by hand, type, or
computer. Signatures and dates may
be
in | 3 | | contrasting colors if they will reproduce clearly.
| 4 | | (3) The document shall be on white paper of not less | 5 | | than 20-pound
weight and shall have a clean margin of at | 6 | | least one-half inch on the top, the
bottom, and each side. | 7 | | Margins may be used only for non-essential notations
that | 8 | | will not affect the validity of the document, including but | 9 | | not limited to
form numbers, page numbers, and customer | 10 | | notations.
| 11 | | (4) The first page of the document shall contain a | 12 | | blank space, measuring
at least 3 inches by 5 inches, from | 13 | | the upper right corner.
| 14 | | (5) The document shall not have any attachment stapled | 15 | | or otherwise
affixed to any page.
| 16 | | A document that does not conform to these standards shall
not | 17 | | be recorded except upon payment of the additional fee required | 18 | | under
this paragraph. This paragraph, as amended by this | 19 | | amendatory Act of 1995,
applies only to documents dated after | 20 | | the effective date of this amendatory
Act of 1995.
| 21 | | The recorder shall collect a $9 $10 Rental Housing Support | 22 | | Program State surcharge for the recordation of any real | 23 | | estate-related document. Payment of the Rental Housing Support | 24 | | Program State surcharge shall be evidenced by a receipt that | 25 | | shall be marked upon or otherwise affixed to the real | 26 | | estate-related document by the recorder. The form of this |
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| 1 | | receipt shall be prescribed by the Department of Revenue and | 2 | | the receipts shall be issued by the Department of Revenue to | 3 | | each county recorder.
| 4 | | The recorder shall not collect the Rental Housing Support | 5 | | Program State surcharge from any State agency, any unit of | 6 | | local government or any school district.
| 7 | | One dollar of each surcharge shall be retained by the | 8 | | county in which it was collected. This dollar shall be | 9 | | deposited into the county's general revenue fund. Fifty cents | 10 | | of that amount shall be used for the costs of administering the | 11 | | Rental Housing Support Program State surcharge and any other | 12 | | lawful expenditures for the operation of the office of the | 13 | | recorder and may not be appropriated or expended for any other | 14 | | purpose. The amounts available to the recorder for expenditure | 15 | | from the surcharge shall not offset or reduce any other county | 16 | | appropriations or funding for the office of the recorder.
| 17 | | On the 15th day of each month, each county recorder shall | 18 | | report
to the Department of Revenue, on a form prescribed by | 19 | | the Department,
the number of real estate-related documents | 20 | | recorded for which
the Rental Housing Support Program
State | 21 | | surcharge was collected. Each recorder shall submit $9 of each | 22 | | surcharge collected in the
preceding month to the Department of | 23 | | Revenue and the Department
shall deposit these amounts in the | 24 | | Rental Housing Support Program Fund. Subject to appropriation, | 25 | | amounts in the Fund may be expended only for the purpose of | 26 | | funding and administering the Rental Housing Support Program. |
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| 1 | | For purposes of this Section, "real estate-related | 2 | | document" means that term as it is defined in Section 7 of the | 3 | | Rental Housing Support Program Act.
| 4 | | The fee requirements of this Section apply to units of | 5 | | local
government and school districts.
| 6 | | Regardless of any other provision in this Section, the | 7 | | maximum fee that may
be collected from the Department of | 8 | | Revenue for filing or indexing a
lien, certificate of lien | 9 | | release or subordination, or any other type of notice
or other | 10 | | documentation affecting or concerning a lien is $5. Regardless | 11 | | of any
other provision in this Section, the maximum fee that | 12 | | may be collected from the
Department of Revenue for indexing | 13 | | each additional name in excess of
one for any lien, certificate | 14 | | of lien release or subordination, or any other
type of notice | 15 | | or other documentation affecting or concerning a lien is $1.
| 16 | | (Source: P.A. 93-671, eff. 6-1-04; 94-118, eff. 7-5-05.)
| 17 | | Section 10. The Rental Housing Support Program Act is | 18 | | amended by changing Section 5 as follows: | 19 | | (310 ILCS 105/5)
| 20 | | Sec. 5. Legislative findings and purpose. The General | 21 | | Assembly finds
that in many parts of this State, large numbers | 22 | | of citizens are faced with the
inability to secure affordable | 23 | | rental housing. Due to either insufficient wages
or a shortage | 24 | | of affordable rental housing stock, or both, many families have
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| 1 | | difficulty securing decent housing, are subjected to | 2 | | overcrowding, pay too
large a portion of their total monthly | 3 | | income for housing and consequently
suffer the lack of other
| 4 | | basic needs, live in substandard or unhealthy housing, or | 5 | | experience chronic
housing instability. Instability and | 6 | | inadequacy in housing limits the
employability and | 7 | | productivity of many citizens, adversely affects family
health | 8 | | and stress levels, and impedes children's ability to learn; | 9 | | such instability produces
corresponding drains on public | 10 | | resources and contributes to an overall decline in real estate | 11 | | values. Unaffordable rental
rates lead to frequent tenant | 12 | | turnover and difficulty filling vacancies, resulting in | 13 | | unstable
income streams for rental property owners, the limited | 14 | | ability of owners to properly maintain
their properties, | 15 | | substandard rental housing, and greater rates of foreclosure. | 16 | | High tenant
turnover, poorly maintained properties, vacant and | 17 | | abandoned properties, and overcrowded
housing negatively | 18 | | impact the safety and health of communities and the real estate | 19 | | values within
such communities. Among others, the program | 20 | | created by this Act benefits (i) all individuals
who record | 21 | | real estate related documents by helping to stabilize real | 22 | | estate values in the State,
(ii) rental property owners by | 23 | | subsidizing the portion of rent that many of their tenants are | 24 | | unable to pay, (iii) those individuals who own real estate in | 25 | | the State by providing an option for
affordable rental housing | 26 | | should they one day face foreclosure, and (iv) tenants who |
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| 1 | | participate
in the program by providing them with rental | 2 | | assistance and the ability to achieve financial
stability so | 3 | | that they are able to become property owners themselves. It is | 4 | | the purpose of this Act to
create a State program to help | 5 | | localities address the need for decent,
affordable, permanent | 6 | | rental housing.
| 7 | | (Source: P.A. 97-892, eff. 8-3-12.) | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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