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

HB3878ham001 102ND GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 4/20/2021

 

 


 

 


 
10200HB3878ham001LRB102 14197 AWJ 25671 a

1
AMENDMENT TO HOUSE BILL 3878

2    AMENDMENT NO. ______. Amend House Bill 3878 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

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1    For recording deeds or other instruments, $12 for the
2first 4 pages thereof, plus $1 for each additional page
3thereof, plus $1 for each additional document number therein
4noted. The aggregate minimum fee for recording any one
5instrument shall not be less than $12.
6    For recording deeds or other instruments wherein the
7premises affected thereby are referred to by document number
8and not by legal description, a fee of $1 in addition to that
9hereinabove referred to for each document number therein
10noted.
11    For recording assignments of mortgages, leases or liens,
12$12 for the first 4 pages thereof, plus $1 for each additional
13page thereof. However, except for leases and liens pertaining
14to oil, gas and other minerals, whenever a mortgage, lease or
15lien assignment assigns more than one mortgage, lease or lien
16document, a $7 fee shall be charged for the recording of each
17such mortgage, lease or lien document after the first one.
18    For recording any document that affects an interest in
19real property other than documents which solely affect or
20relate to an easement for water, sewer, electricity, gas,
21telephone or other public service, the recorder shall charge a
22fee of $1 per document to all filers of documents not filed by
23any State agency, any unit of local government, or any school
24district. Fifty cents of the $1 fee hereby established shall
25be deposited into the County General Revenue Fund. The
26remaining $0.50 shall be deposited into the Recorder's

 

 

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

 

 

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1paragraph for non-certified copies, (ii) under a contractual
2relationship with the recorder for a negotiated amount less
3than the amount provided for in this paragraph for
4non-certified copies, or (iii) by means of Internet access
5pursuant to Section 5-1106.1.
6    For certified copies of records, the same fees as for
7recording, but in no case shall the fee for a certified copy of
8a map or plat of an addition, subdivision or otherwise exceed
9$10.
10    Each certificate of such recorder of the recording of the
11deed or other writing and of the date of recording the same
12signed by such recorder, shall be sufficient evidence of the
13recording thereof, and such certificate including the indexing
14of record, shall be furnished upon the payment of the fee for
15recording the instrument, and no additional fee shall be
16allowed for the certificate or indexing.
17    The recorder shall charge an additional fee, in an amount
18equal to the fee otherwise provided by law, for recording a
19document (other than a document filed under the Plat Act or the
20Uniform Commercial Code) that does not conform to the
21following standards:
22        (1) The document shall consist of one or more
23    individual sheets measuring 8.5 inches by 11 inches, not
24    permanently bound and not a continuous form. Graphic
25    displays accompanying a document to be recorded that
26    measure up to 11 inches by 17 inches shall be recorded

 

 

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1    without charging an additional fee.
2        (2) The document shall be legibly printed in black
3    ink, by hand, type, or computer. Signatures and dates may
4    be in contrasting colors if they will reproduce clearly.
5        (3) The document shall be on white paper of not less
6    than 20-pound weight and shall have a clean margin of at
7    least one-half inch on the top, the bottom, and each side.
8    Margins may be used for non-essential notations that will
9    not affect the validity of the document, including but not
10    limited to form numbers, page numbers, and customer
11    notations.
12        (4) The first page of the document shall contain a
13    blank space, measuring at least 3 inches by 5 inches, from
14    the upper right corner.
15        (5) The document shall not have any attachment stapled
16    or otherwise affixed to any page.
17A document that does not conform to these standards shall not
18be recorded except upon payment of the additional fee required
19under this paragraph. This paragraph, as amended by this
20amendatory Act of 1995, applies only to documents dated after
21the effective date of this amendatory Act of 1995.
22    The county board of any county may provide for an
23additional charge of $3 for filing every instrument, paper, or
24notice for record, (1) in order to defray the cost of
25converting the county recorder's document storage system to
26computers or micrographics and (2) in order to defray the cost

 

 

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

 

 

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1funds created under Section 3-5005.4. The recorder may, in his
2or her discretion, use moneys in the funds created under
3Section 3-5005.4 to defray the cost of implementing or
4maintaining the county's Geographic Information System and to
5defray the cost of providing electronic access to the county's
6Geographic Information System records.
7    The recorder shall collect a $18 $9 Rental Housing Support
8Program State surcharge for the recordation of any real
9estate-related document. Payment of the Rental Housing Support
10Program State surcharge shall be evidenced by a receipt that
11shall be marked upon or otherwise affixed to the real
12estate-related document by the recorder. The form of this
13receipt shall be prescribed by the Department of Revenue and
14the receipts shall be issued by the Department of Revenue to
15each county recorder.
16    The recorder shall not collect the Rental Housing Support
17Program State surcharge from any State agency, any unit of
18local government or any school district.
19    On the 15th day of each month, each county recorder shall
20report to the Department of Revenue, on a form prescribed by
21the Department, the number of real estate-related documents
22recorded for which the Rental Housing Support Program State
23surcharge was collected. Each recorder shall submit $18 $9 of
24each surcharge collected in the preceding month to the
25Department of Revenue and the Department shall deposit these
26amounts in the Rental Housing Support Program Fund. Subject to

 

 

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

 

 

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1    A statement of the costs of providing each service,
2program and activity shall be prepared by the county board.
3All supporting documents shall be public record and subject to
4public examination and audit. All direct and indirect costs,
5as defined in the United States Office of Management and
6Budget Circular A-87, may be included in the determination of
7the costs of each service, program and activity.
8(Source: P.A. 100-271, eff. 8-22-17; 100-1034, eff. 1-1-19.)
 
9    (55 ILCS 5/3-5018.1)
10    Sec. 3-5018.1. Predictable fee schedule.
11    (a) As used in this Section:
12    "Nonstandard document" means:
13        (1) a document that creates a division of a then
14    active existing tax parcel identification number;
15        (2) a document recorded pursuant to the Uniform
16    Commercial Code;
17        (3) a document which is non-conforming, as described
18    in paragraphs (1) through (5) of Section 3-5018;
19        (4) a State lien or a federal lien;
20        (5) a document making specific reference to more than
21    5 tax parcel identification numbers in the county in which
22    it is presented for recording; or
23        (6) a document making specific reference to more than
24    5 other document numbers recorded in the county in which
25    it is presented for recording.

 

 

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1    "Standard document" means any document other than a
2nonstandard document.
3    (b) On or before January 1, 2019, a county shall adopt and
4implement, by ordinance or resolution, a predictable fee
5schedule that eliminates surcharges or fees based on the
6individual attributes of a standard document to be recorded.
7The initial predictable fee schedule approved by a county
8board shall be set only as allowed under subsections (c) and
9(d) and any subsequent predictable fee schedule approved by a
10county board shall be set only as allowed under subsection
11(e). Except as to the recording of standard documents, the
12fees imposed by Section 3-5018 shall remain in effect. Under a
13predictable fee schedule, no charge shall be based on: page
14count; number, length, or type of legal descriptions; number
15of tax identification or other parcel identifying code
16numbers; number of common addresses; number of references
17contained as to other recorded documents or document numbers;
18or any other individual attribute of the document except as
19expressly provided in this Section. The fee charged under this
20Section shall be inclusive of all county and State fees that
21the county may elect or is required to impose or adjust,
22including, but not limited to, GIS fees, automation fees,
23document storage fees, and the Rental Housing Support Program
24State surcharge.
25    A predictable fee schedule ordinance or resolution adopted
26under this Section shall list standard document fees,

 

 

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

 

 

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1at the time of recording for that document, which is called the
2document class flat fee. A standard document is not subject to
3more than one classification at the time of recording for the
4purposes of imposing any fee. Each standard document shall
5fall within one of the following document class flat fee
6classifications and fees for each document class shall be
7charged only as allowed by this subsection (c) and subsection
8(d):
9        (1) Deeds. The aggregate fee for recording deeds shall
10    not be less than $31 $21 (being a minimum $13 $12 county
11    fee plus $18 $9 for the Rental Housing Support Program
12    State surcharge). Inclusion of language in the deed as to
13    any restriction; covenant; lien; oil, gas, or other
14    mineral interest; easement; lease; or a mortgage shall not
15    alter the classification of a document as a deed.
16        (2) Leases, lease amendments, and similar transfer of
17    interest documents. The aggregate fee for recording
18    leases, lease amendments, and similar transfers of
19    interest documents shall not be less than $31 $21 (being a
20    minimum $13 $12 county fee plus $18 $9 for the Rental
21    Housing Support Program State surcharge).
22        (3) Mortgages. The aggregate fee for recording
23    mortgages, including assignments, extensions, amendments,
24    subordinations, and mortgage releases shall not be less
25    than $31 $21 (being a minimum $13 $12 county fee plus $18
26    $9 for the Rental Housing Support Program State

 

 

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1    surcharge).
2        (4) Easements not otherwise part of another
3    classification. The aggregate fee for recording easements
4    not otherwise part of another classification, including
5    assignments, extensions, amendments, and easement releases
6    not filed by a State agency, unit of local government, or
7    school district shall not be less than $31 $21 (being a
8    minimum $13 $12 county fee plus $18 $9 for the Rental
9    Housing Support Program State surcharge).
10        (5) Miscellaneous. The aggregate fee for recording
11    documents not otherwise falling within classifications set
12    forth in paragraphs (1) through (4) and are not
13    nonstandard documents shall not be less than $31 $21
14    (being a minimum $13 $12 county fee plus $18 $9 for the
15    Rental Housing Support Program State surcharge). Nothing
16    in this subsection shall preclude an alternate predictable
17    fee schedule for electronic recording within each of the
18    classifications set forth in this subsection (c). If the
19    Rental Housing Support Program State surcharge is amended
20    and the surcharge is increased or lowered, the aggregate
21    amount of the document flat fee attributable to the
22    surcharge in the document may be changed accordingly.
23    (d) If an ordinance or resolution establishing a
24predictable fee schedule is adopted pursuant to subsection (b)
25and any document class flat fee exceeds $31 $21, the county
26board shall:

 

 

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1        (1) obtain from the clerk or recorder an analysis of
2    the average fees collected for the recording of each of
3    the classifications under subsection (c) based on the 3
4    previous years of recording data, and, if a cost study has
5    not been performed, set respective document class flat
6    fees for each of the 5 document classifications at the
7    average for that class rounded upward to the next whole
8    dollar amount; or
9        (2) if a cost study has been completed within the last
10    3 years that shows $31 $21 is not sufficient to cover the
11    costs of providing the services related to each document
12    class, obtain from the clerk or recorder an analysis of
13    the average fees collected for the recording of each of
14    the document classifications under subsection (c) from the
15    date of the cost study and set respective document class
16    flat fees for each of the 5 document classifications at
17    the average for that document class rounded upward to the
18    next whole dollar amount.
19    (e) After a document class flat fee is approved by a county
20board under subsection (b), the county board may, by ordinance
21or resolution, increase the document class flat fee and
22collect the increased fees only if the increase is justified
23by a cost study that shows that the fees allowed by subsections
24(c) and (d) are not sufficient to cover the cost of providing
25the service related to the document class for which the fee is
26to be increased. A statement of the costs of providing each

 

 

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1service, program, and activity shall be prepared by the county
2board. All supporting documents shall be public record and
3subject to public examination and audit. All direct and
4indirect costs, as defined in the United States Office of
5Management and Budget Circular A-87, may be included in the
6determination of the costs of each service, program, and
7activity.
8    Nothing in this Section precludes a county board from
9adjusting amounts or allocations within a given document class
10flat fee as long as the document class flat fee is not
11increased.
12(Source: P.A. 100-271, eff. 8-22-17.)
 
13    (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
14    Sec. 4-12002. Fees of recorder in third class counties.
15Except as provided for in Section 4-12002.1, the fees of the
16recorder in counties of the third class for recording deeds or
17other instruments in writing and maps of plats of additions,
18subdivisions or otherwise, and for certifying copies of
19records, shall be paid in advance and shall be as follows:
20    For recording deeds or other instruments $20 for the first
212 pages thereof, plus $2 for each additional page thereof. The
22aggregate minimum fee for recording any one instrument shall
23not be less than $20.
24    For recording deeds or other instruments wherein the
25premises affected thereby are referred to by document number

 

 

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

 

 

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1    For recording maps or plats of additions, subdivisions or
2otherwise (including the spreading of the same of record in
3well bound books) $100 plus $2 for each tract, parcel or lot
4contained therein.
5    For certified copies of records the same fees as for
6recording, but in no case shall the fee for a certified copy of
7a map or plat of an addition, subdivision or otherwise exceed
8$200.
9    For non-certified copies of records, an amount not to
10exceed one half of the amount provided herein for certified
11copies, according to a standard scale of fees, established by
12county ordinance and made public.
13    For filing of each release of any chattel mortgage or
14trust deed which has been filed but not recorded and for
15indexing the same in the book to be kept for that purpose $10.
16    For processing the sworn or affirmed statement required
17for filing a deed or assignment of a beneficial interest in a
18land trust in accordance with Section 3-5020 of this Code, $2.
19    The recorder shall charge an additional fee, in an amount
20equal to the fee otherwise provided by law, for recording a
21document (other than a document filed under the Plat Act or the
22Uniform Commercial Code) that does not conform to the
23following standards:
24        (1) The document shall consist of one or more
25    individual sheets measuring 8.5 inches by 11 inches, not
26    permanently bound and not a continuous form. Graphic

 

 

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1    displays accompanying a document to be recorded that
2    measure up to 11 inches by 17 inches shall be recorded
3    without charging an additional fee.
4        (2) The document shall be legibly printed in black
5    ink, by hand, type, or computer. Signatures and dates may
6    be in contrasting colors if they will reproduce clearly.
7        (3) The document shall be on white paper of not less
8    than 20-pound weight and shall have a clean margin of at
9    least one-half inch on the top, the bottom, and each side.
10    Margins may be used only for non-essential notations that
11    will not affect the validity of the document, including
12    but not limited to form numbers, page numbers, and
13    customer notations.
14        (4) The first page of the document shall contain a
15    blank space, measuring at least 3 inches by 5 inches, from
16    the upper right corner.
17        (5) The document shall not have any attachment stapled
18    or otherwise affixed to any page.
19A document that does not conform to these standards shall not
20be recorded except upon payment of the additional fee required
21under this paragraph. This paragraph, as amended by this
22amendatory Act of 1995, applies only to documents dated after
23the effective date of this amendatory Act of 1995.
24    The recorder shall collect a $18 $9 Rental Housing Support
25Program State surcharge for the recordation of any real
26estate-related document. Payment of the Rental Housing Support

 

 

10200HB3878ham001- 19 -LRB102 14197 AWJ 25671 a

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

 

 

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1maximum fee that may be collected from the Department of
2Revenue for filing or indexing a lien, certificate of lien
3release or subordination, or any other type of notice or other
4documentation affecting or concerning a lien is $5. Regardless
5of any other provision in this Section, the maximum fee that
6may be collected from the Department of Revenue for indexing
7each additional name in excess of one for any lien,
8certificate of lien release or subordination, or any other
9type of notice or other documentation affecting or concerning
10a lien is $1.
11(Source: P.A. 100-1034, eff. 1-1-19.)
 
12    (55 ILCS 5/4-12002.1)
13    Sec. 4-12002.1. Predictable fee schedule for recordings in
14third class counties.
15    (a) As used in this Section:
16    "Nonstandard document" means:
17        (1) a document that creates a division of a then
18    active existing tax parcel identification number;
19        (2) a document recorded pursuant to the Uniform
20    Commercial Code;
21        (3) a document which is non-conforming, as described
22    in paragraphs (1) through (5) of Section 4-12002;
23        (4) a State lien or a federal lien;
24        (5) a document making specific reference to more than
25    5 tax parcel identification numbers in the county in which

 

 

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1    it is presented for recording; or
2        (6) a document making specific reference to more than
3    5 other document numbers recorded in the county in which
4    it is presented for recording.
5    "Standard document" means any document other than a
6nonstandard document.
7    (b) On or before January 1, 2020, a county shall adopt and
8implement, by ordinance or resolution, a predictable fee
9schedule that eliminates surcharges or fees based on the
10individual attributes of a standard document to be recorded.
11The initial predictable fee schedule approved by a county
12board shall be set only as allowed under subsection (c) and any
13subsequent predictable fee schedule approved by a county board
14shall be set only as allowed under subsection (d). Except as to
15the recording of standard documents, the fees imposed by
16Section 4-12002 shall remain in effect. Under a predictable
17fee schedule, which only applies to standard documents, no
18charge shall be based on: page count; number, length, or type
19of legal descriptions; number of tax identification or other
20parcel identifying code numbers; number of common addresses;
21number of references contained as to other recorded documents
22or document numbers; or any other individual attribute of the
23document except as expressly provided in this Section. The fee
24charged under this Section shall be inclusive of all county
25and State fees that the county may elect or is required to
26impose or adjust, including, but not limited to, GIS fees,

 

 

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

 

 

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1charged, the ordinance or resolution shall divide standard
2documents into the following classifications and shall
3establish a single, all-inclusive, county and State-imposed
4aggregate fee charged for each such classification of document
5at the time of recording for that document, which is called the
6document class flat fee. A standard document is not subject to
7more than one classification at the time of recording for the
8purposes of imposing any fee. Each standard document shall
9fall within one of the following document class flat fee
10classifications and fees for each document class shall be
11charged only as allowed by this subsection (c) and subsection
12(d):
13        (1) Deeds. The aggregate fee for recording deeds shall
14    not be less than $39 $29 (being a minimum $21 $20 county
15    fee plus $18 $9 for the Rental Housing Support Program
16    State surcharge). Inclusion of language in the deed as to
17    any restriction; covenant; lien; oil, gas, or other
18    mineral interest; easement; lease; or a mortgage shall not
19    alter the classification of a document as a deed.
20        (2) Leases, lease amendments, and similar transfer of
21    interest documents. The aggregate fee for recording
22    leases, lease amendments, and similar transfers of
23    interest documents shall not be less than $39 $29 (being a
24    minimum $21 $20 county fee plus $18 $9 for the Rental
25    Housing Support Program State surcharge).
26        (3) Mortgages. The aggregate fee for recording

 

 

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1    mortgages, including assignments, extensions, amendments,
2    subordinations, and mortgage releases shall not be less
3    than $39 $29 (being a minimum $21 $20 county fee plus $18
4    $9 for the Rental Housing Support Program State
5    surcharge).
6        (4) Easements not otherwise part of another
7    classification. The aggregate fee for recording easements
8    not otherwise part of another classification, including
9    assignments, extensions, amendments, and easement releases
10    not filed by a State agency, unit of local government, or
11    school district shall not be less than $39 $29 (being a
12    minimum $21 $20 county fee plus $18 $9 for the Rental
13    Housing Support Program State surcharge).
14        (5) Miscellaneous. The aggregate fee for recording
15    documents not otherwise falling within classifications set
16    forth in paragraphs (1) through (4) and are not
17    nonstandard documents shall not be less than $39 $29
18    (being a minimum $21 $20 county fee plus $18 $9 for the
19    Rental Housing Support Program State surcharge). Nothing
20    in this subsection shall preclude an alternate predictable
21    fee schedule for electronic recording within each of the
22    classifications set forth in this subsection (c). If the
23    Rental Housing Support Program State surcharge is amended
24    and the surcharge is increased or lowered, the aggregate
25    amount of the document flat fee attributable to the
26    surcharge in the document may be changed accordingly.

 

 

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1    (d) After a document class flat fee is approved by a county
2board under subsection (b), the county board may, by ordinance
3or resolution, increase the document class flat fee and
4collect the increased fees if the established fees are not
5sufficient to cover the costs of providing the services
6related to the document class for which the fee is to be
7increased.
8    Nothing in this Section precludes a county board from
9adjusting amounts or allocations within a given document class
10flat fee when the document class flat fee is not increased.
11(Source: P.A. 100-1034, eff. 1-1-19.)
 
12    Section 10. The Rental Housing Support Program Act is
13amended by changing Section 15 and by adding Section 30 as
14follows:
 
15    (310 ILCS 105/15)
16    Sec. 15. Grants to local administering agencies.
17    (a) Under the program, the Authority shall make grants to
18local administering agencies to provide subsidies to landlords
19to enable the landlords to charge rent affordable for
20low-income tenants. Grants shall also include an amount for
21the operating expenses of local administering agencies. On an
22annual basis, operating expenses for local administering
23agencies shall not exceed 10% for grants under $500,000 and
24shall not exceed 7% for grants over $500,000. If a grant to a

 

 

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1local administering agency covers more than one year, the
2Authority shall calculate operating expenses on an annual pro
3rata share of the grant. If the annual pro rata share is
4$500,000 or less, then the fee shall be 10%; if the annual pro
5rata share is greater than $500,000, then the fee shall be 7%.
6    (b) The Authority shall develop a request-for-proposals
7process for soliciting proposals from local administering
8agencies and for awarding grants. The request-for-proposals
9process and the funded projects must be consistent with the
10criteria set forth in Section 25 and with additional criteria
11set forth by the Authority in rules implementing this Act. As
12part of the request-for-proposal process and subject to the
13requirements contained in subsection (d), best efforts will be
14used to prioritize local administering agencies that serve the
15county in which annual receipts were collected upon receipt of
16current data from the Department of Revenue applicable to the
17annual receipts.
18    (c) Local administering agencies may be local governmental
19bodies, local housing authorities, or not-for-profit
20organizations. The Authority shall set forth in rules the
21financial and capacity requirements necessary for an
22organization to qualify as a local administering agency and
23the parameters for administration of the grants by local
24administering agencies. The Authority shall use best efforts
25through outreach to local administering agencies to encourage
26at least one local administering agency to serve each county,

 

 

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

 

 

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1distributed throughout the rural areas in the State to
2localities that desire a number of subsidized units of housing
3that is too small to justify the establishment of a full local
4program. In those localities, the administering agency may
5contract with local agencies to share the administrative tasks
6of the program, such as inspections of units.
7    (e) In order to ensure applications from all geographic
8areas of the State, the Authority shall create a plan to ensure
9that potential local administering agencies have ample time
10and support to consider making an application and to prepare
11an application. Such a plan must include, but is not limited
12to: an outreach and education plan regarding the program and
13the requirements for a local administering agency; ample time
14between the initial notice of funding ability and the deadline
15to submit an application, which shall not be less than 9
16months; and access to assistance from the Authority or another
17agency in considering and preparing the application.
18    (f) In order to maintain consistency for households
19receiving rental housing support, the Authority shall, to the
20extent possible given funding resources available in the
21Rental Housing Support Program, continue to fund local
22administering agencies at the same level on an annual basis,
23unless the Authority determines that a local administering
24agency is not meeting the criteria set forth in Section 25 or
25is not adhering to other standards set forth by rule by the
26Authority.

 

 

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1(Source: P.A. 97-952, eff. 1-1-13.)
 
2    (310 ILCS 105/30 new)
3    Sec. 30. Illinois Rental Housing Support Program Funding
4Allocation Task Force.
5    (a) The Illinois Rental Housing Support Program Funding
6Allocation Task Force is hereby created. The Task Force shall
7consist of the following members:
8        (1) One member appointed by the President of the
9    Senate.
10        (2) One member appointed by the Minority Leader of the
11    Senate.
12        (3) One member appointed by the Speaker of the House
13    of Representatives.
14        (4) One member appointed by the Minority Leader of the
15    House of Representatives.
16        (5) One member appointed by the Illinois Housing
17    Development Authority.
18        (6) One member representing the Chicago Low-Income
19    Housing Trust Fund, appointed by the Board of Directors of
20    the Trust Fund.
21        (7) One member representing a local administering
22    agency from Cook County (excluding Chicago), DuPage
23    County, Lake County, Kane County, Will County, or McHenry
24    County, appointed by the Governor.
25        (8) One member, appointed by the Governor,

 

 

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1    representing a local administering agency from a small
2    metropolitan area from one of the following areas:
3    Springfield, Rockford, Peoria, Decatur, Champaign, Urbana,
4    Bloomington, Normal, Rock Island, DeKalb, Madison County,
5    Moline, Pekin, Rantoul, or St. Clair County.
6        (9) One member representing a local administering
7    agency from a rural areas, appointed by the Governor. As
8    used in this paragraph, "rural area" means an area of the
9    State not specifically named in paragraphs (8) or (9).
10        (10) One member from an organization representing
11    Illinois clerks and recorders, appointed by the Governor.
12        (11) Up to two members representing a Section
13    501(c)(3) affordable housing advocacy organization,
14    appointed by the Governor.
15        (12) One additional member appointed by the Governor.
16    Members of the Task Force must be appointed no later than
1730 days after the effective date of this amendatory Act of the
18102nd General Assembly. If any members are not appointed with
19the 30 day period, the entity or person responsible for making
20the appointment shall be deemed to have forfeited the right to
21make such appointment.
22    (b) Once appointed, the members shall elect a chairperson
23and vice chairperson by a simple majority vote.
24    If a vacancy occurs on the Task Force, it shall be filled
25according to the initial appointment.
26    At the discretion of the chair, additional individuals may

 

 

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1participate as nonvoting members in the meetings of the Task
2Force.
3    Members of the Task Force shall serve without
4compensation. The Illinois Housing Development Authority shall
5provide staff and administrative services to the Task Force.
6    (c) Once all members have been appointed, the Task Force
7shall meet not less than 3 times to carry out the duties
8prescribed in this Section. Members of the Task Force may
9attend such meetings virtually.
10    (d) A report delineating the Task Force's findings,
11conclusions, and recommendations shall be submitted to the
12General Assembly no later than March 31, 2022.
13    (e) The members of the Task Force are exempt from
14requirements of the State Officials and Employees Ethics Act,
15the Illinois Governmental Ethics Act, or any other applicable
16law or regulation that would require Task Force members to
17complete trainings, disclosures, or other filings since the
18Task Force is of limited duration and is charged only with
19delivering a non-binding report.
20    (f) The Task Force shall study and make recommendations
21regarding the equitable distribution of rental housing support
22funds across the State. The Task Force shall also work with the
23Illinois Housing Development Authority as funding allocations
24will be required to be adjusted due to data released by the
25United States Census Bureau on the 2020 decennial census.
26    (g) This Section is repealed on March 31, 2023.
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2022.".