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| Public Act 098-0005 | ||||
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AN ACT concerning property.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing | ||||
Sections 3-5018 and 4-12002 as follows: | ||||
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | ||||
Sec. 3-5018. Fees. The recorder elected as provided for in | ||||
this
Division shall receive such fees as are or may be provided | ||||
for him or her by law,
in case of provision therefor: otherwise | ||||
he or she shall receive the same fees as
are or may be provided | ||||
in this Section, except when increased by county
ordinance | ||||
pursuant to the provisions of this Section, to be paid to the
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county clerk for his or her services in the office of recorder | ||||
for like services. | ||||
For recording deeds or other instruments, $12 for the first | ||||
4 pages
thereof, plus $1 for each additional page thereof, plus | ||||
$1 for each
additional document number therein noted. The | ||||
aggregate minimum fee
for recording any one instrument shall | ||||
not be less than $12. | ||||
For recording deeds or other instruments wherein the | ||||
premises
affected thereby are referred to by document number | ||||
and not by legal
description, a fee of $1 in addition to that | ||||
hereinabove referred to for
each document number therein noted. | ||||
For recording assignments of mortgages, leases or liens, | ||
$12 for the
first 4 pages thereof, plus $1 for each additional | ||
page thereof. However,
except for leases and liens pertaining | ||
to oil, gas and other minerals,
whenever a mortgage, lease or | ||
lien assignment assigns more than one
mortgage, lease or lien | ||
document, a $7 fee shall be charged for the recording
of each | ||
such mortgage, lease or lien document after the first one. | ||
For recording any document that affects an interest in real | ||
property other than documents which solely affect or relate to | ||
an easement for water, sewer, electricity, gas, telephone or | ||
other public service, the recorder shall charge a fee of $1 per | ||
document to all filers of documents not filed by any State | ||
agency, any unit of local government, or any school district. | ||
Fifty cents of the $1 fee hereby established shall be deposited | ||
into the County General Revenue Fund. The remaining $0.50 shall | ||
be deposited into the Recorder's Automation Fund and may not be | ||
appropriated or expended for any other purpose. The additional | ||
amounts available to the recorder for expenditure from the | ||
Recorder's Automation Fund shall not offset or reduce any other | ||
county appropriations or funding for the office of the | ||
recorder. | ||
For recording maps or plats of additions or subdivisions | ||
approved by the
county or municipality (including the spreading | ||
of the same of record in
map case or other proper books) or | ||
plats of condominiums, $50 for the first
page, plus $1 for each | ||
additional page thereof except that in the case of
recording a | ||
single page, legal size 8 1/2 x 14, plat of survey in which
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there are no more than two lots or parcels of land, the fee | ||
shall be $12.
In each county where such maps or plats are to be | ||
recorded, the recorder
may require the same to be accompanied | ||
by such number of exact, true and
legible copies thereof as the | ||
recorder deems necessary for the efficient
conduct and | ||
operation of his or her office. | ||
For non-certified copies of records, an amount not to | ||
exceed one-half of the amount provided in this Section for | ||
certified copies, according to a standard scale of fees, | ||
established by county ordinance and made public. The provisions | ||
of this paragraph shall not be applicable to any person or | ||
entity who obtains non-certified copies of records in the | ||
following manner: (i) in bulk for all documents recorded on any | ||
given day in an electronic or paper format for a negotiated | ||
amount less than the amount provided for in this paragraph for | ||
non-certified copies, (ii) under a contractual relationship | ||
with the recorder for a negotiated amount less than the amount | ||
provided for in this paragraph for non-certified copies, | ||
or (iii) by means of Internet access pursuant to Section | ||
5-1106.1. | ||
For certified copies of records, the same fees as for | ||
recording, but
in no case shall the fee for a certified copy of | ||
a map or plat of an
addition, subdivision or otherwise exceed | ||
$10. | ||
Each certificate of such recorder of the recording of the | ||
deed or
other writing and of the date of recording the same | ||
signed by such
recorder, shall be sufficient evidence of the | ||
recording thereof, and
such certificate including the indexing | ||
of record, shall be furnished
upon the payment of the fee for | ||
recording the instrument, and no
additional fee shall be | ||
allowed for the certificate or indexing. | ||
The recorder shall charge an additional fee, in an amount | ||
equal to the
fee otherwise provided by law, for recording a | ||
document (other than a
document filed under the Plat Act or the | ||
Uniform Commercial Code) that does
not conform to the following | ||
standards: | ||
(1) The document shall consist of one or more | ||
individual sheets measuring
8.5 inches by 11 inches, not | ||
permanently bound and not a continuous form.
Graphic | ||
displays accompanying a document to be recorded that | ||
measure up to 11
inches by 17 inches shall be recorded | ||
without charging an additional fee. | ||
(2) The document shall be legibly printed in black ink, | ||
by hand, type,
or computer. Signatures and dates may be in | ||
contrasting colors if they will
reproduce clearly. | ||
(3) The document shall be on white paper of not less | ||
than 20-pound
weight and shall have a clean margin of at | ||
least one-half inch on the top, the
bottom, and each side. | ||
Margins may be used for non-essential notations that
will | ||
not affect the validity of the document, including but not | ||
limited to
form numbers, page numbers, and customer | ||
notations. | ||
(4) The first page of the document shall contain a | ||
blank space, measuring
at least 3 inches by 5 inches, from | ||
the upper right corner. | ||
(5) The document shall not have any attachment stapled | ||
or otherwise
affixed to any page. | ||
A document that does not conform to these standards shall
not | ||
be recorded except upon payment of the additional fee required | ||
under
this paragraph. This paragraph, as amended by this | ||
amendatory Act of 1995,
applies only to documents dated after | ||
the effective date of this amendatory
Act of 1995. | ||
The county board of any county may provide for an | ||
additional charge of $3
for filing every instrument, paper, or | ||
notice for record, (1)
in order to
defray the cost of | ||
converting the county recorder's document storage system
to | ||
computers or micrographics
and (2) in order to defray the cost | ||
of providing access to records through
the global
information | ||
system known as the Internet. | ||
A special fund shall be set up by the treasurer of the | ||
county and such
funds collected pursuant to Public Act 83-1321 | ||
shall be used (1)
for
a document storage system to provide the | ||
equipment, materials and necessary
expenses incurred to help | ||
defray the costs of implementing and maintaining
such a | ||
document records system
and (2) for a system to provide | ||
electronic access to
those records. | ||
The county board of any county that provides and maintains | ||
a countywide map
through a Geographic Information System (GIS) | ||
may provide for an additional
charge of $3 for filing every | ||
instrument, paper, or notice for record (1)
in order
to defray | ||
the cost of implementing or maintaining the county's Geographic
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Information System
and (2) in order to defray the cost of | ||
providing electronic access to the
county's
Geographic
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Information System records.
Of that amount, $2 must be | ||
deposited into a special fund
set up by the treasurer of the | ||
county, and any moneys collected pursuant to
this amendatory | ||
Act of the 91st General Assembly and deposited into that fund
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must be used solely for the equipment, materials, and necessary | ||
expenses
incurred in implementing and maintaining a Geographic | ||
Information System and
in order to defray the cost of providing | ||
electronic access to the county's
Geographic Information | ||
System records.
The remaining $1 must be deposited into the | ||
recorder's special funds created
under Section 3-5005.4. The | ||
recorder may, in his or her discretion, use moneys
in the funds | ||
created under Section 3-5005.4 to defray the cost of | ||
implementing
or maintaining the county's Geographic | ||
Information System
and to defray the cost of providing | ||
electronic access to the county's
Geographic
Information | ||
System records. | ||
The recorder shall collect a $9 $10 Rental Housing Support | ||
Program State
surcharge for the recordation of any real | ||
estate-related document. Payment of the
Rental Housing Support | ||
Program State surcharge shall be evidenced by a receipt
that | ||
shall be marked upon or otherwise affixed to the real | ||
estate-related document
by the recorder. The form of this | ||
receipt shall be prescribed by the Department
of Revenue and | ||
the receipts shall be issued by the Department of Revenue to
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each county recorder. | ||
The recorder shall not collect the Rental Housing Support | ||
Program State surcharge from any State agency, any unit of | ||
local government or any school district. | ||
One dollar of each surcharge shall be retained by the | ||
county in which it was collected. This dollar shall be | ||
deposited into the county's general revenue fund. Fifty cents | ||
of that amount shall be used for the costs of administering the | ||
Rental Housing Support Program State surcharge and any other | ||
lawful expenditures for the operation of the office of the | ||
recorder and may not be appropriated or expended for any other | ||
purpose. The amounts available to the recorder for expenditure | ||
from the surcharge shall not offset or reduce any other county | ||
appropriations or funding for the office of the recorder.
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On the 15th day of each month, each county recorder shall | ||
report
to the Department of Revenue, on a form prescribed by | ||
the Department,
the number of real estate-related documents | ||
recorded for which
the Rental Housing Support Program
State | ||
surcharge was collected. Each recorder shall submit $9 of each | ||
surcharge collected in the
preceding month to the Department of | ||
Revenue and the Department
shall deposit these amounts in the | ||
Rental Housing Support Program Fund. Subject to appropriation, | ||
amounts in the Fund may be expended only for the purpose of | ||
funding and administering the Rental Housing Support Program. | ||
For purposes of this Section, "real estate-related | ||
document" means that term as it is defined in Section 7 of the | ||
Rental Housing Support Program Act.
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The foregoing fees allowed by this Section are the maximum | ||
fees that
may be collected from any officer, agency, department | ||
or other
instrumentality of the State. The county board may, | ||
however, by ordinance,
increase the fees allowed by this | ||
Section and collect such increased fees
from all persons and | ||
entities other than officers, agencies, departments
and other | ||
instrumentalities of the State if the increase is justified by | ||
an
acceptable cost study showing that the fees allowed by this | ||
Section are not
sufficient to cover the cost of providing the | ||
service.
Regardless of any other provision in this Section, the | ||
maximum fee that may
be collected from the Department of | ||
Revenue for filing or indexing a
lien, certificate of lien | ||
release or subordination, or any other type of notice
or other | ||
documentation affecting or concerning a lien is $5. Regardless | ||
of
any other provision in this Section, the maximum fee that | ||
may be collected from
the Department of Revenue for indexing | ||
each additional name in excess
of one for any lien, certificate | ||
of lien release or subordination, or any other
type of notice | ||
or other documentation affecting or concerning a lien is $1. | ||
A statement of the costs of providing each service, program | ||
and activity
shall be prepared by the county board. All | ||
supporting documents shall be
public record and subject to | ||
public examination and audit. All direct and
indirect costs, as | ||
defined in the United States Office of Management and
Budget | ||
Circular A-87, may be included in the determination of the | ||
costs of
each service, program and activity. | ||
(Source: P.A. 96-1356, eff. 7-28-10.)
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(55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
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Sec. 4-12002. Fees of recorder in third class counties. The | ||
fees of
the recorder in counties of the third class for | ||
recording deeds or other
instruments in writing and maps of | ||
plats of additions, subdivisions or
otherwise, and for | ||
certifying copies of records, shall be paid in advance
and | ||
shall be as follows:
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For recording deeds or other instruments $20 for the first | ||
2 pages
thereof, plus $2 for each additional page thereof. The | ||
aggregate minimum fee
for recording
any one instrument shall | ||
not be less than $20.
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For recording deeds or other instruments wherein the | ||
premises
affected thereby are referred to by document number | ||
and not by legal
description the recorder shall charge a fee of | ||
$4 in addition
to that hereinabove referred to for each | ||
document number therein noted.
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For recording deeds or other instruments wherein more than | ||
one tract,
parcel or lot is described and such additional | ||
tract, or tracts, parcel
or parcels, lot or lots is or are | ||
described therein as falling in a
separate or different | ||
addition or subdivision the recorder
shall charge as an | ||
additional fee, to that herein provided, the sum of
$2 for each | ||
additional addition or subdivision referred to in such deed
or | ||
instrument.
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For recording any document that affects an interest in real | ||
property other than documents which solely affect or relate to | ||
an easement for water, sewer, electricity, gas, telephone or | ||
other public service, the recorder shall charge a fee of $1 per | ||
document to all filers of documents not filed by any State | ||
agency, any unit of local government, or any school district. | ||
Fifty cents of the $1 fee hereby established shall be deposited | ||
into the County General Revenue Fund. The remaining $0.50 shall | ||
be deposited into the County Recorder Document Storage System | ||
Fund and may not be appropriated or expended for any other | ||
purpose. The additional amounts available to the recorder for | ||
expenditure from the County Recorder Document Storage System | ||
Fund shall not offset or reduce any other county appropriations | ||
or funding for the office of the recorder. | ||
For recording maps or plats of additions, subdivisions or | ||
otherwise
(including the spreading of the same of record in | ||
well bound books) $100
plus $2 for each tract, parcel or lot | ||
contained therein.
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For certified copies of records the same fees as for | ||
recording, but
in no case shall the fee for a certified copy of | ||
a map or plat of an
addition, subdivision or otherwise exceed | ||
$200.
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For non-certified copies of records, an amount not to | ||
exceed one half of
the amount provided herein for certified | ||
copies, according to a standard scale
of fees, established by | ||
county ordinance and made public.
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For filing of each release of any chattel mortgage or trust | ||
deed
which has been filed but not recorded and for indexing the | ||
same in the
book to be kept for that purpose $10.
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For processing the sworn or affirmed statement required for | ||
filing a deed
or assignment of a beneficial interest in a land | ||
trust in accordance with
Section 3-5020 of this Code, $2.
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The recorder shall charge an additional fee, in an amount | ||
equal to the
fee otherwise provided by law, for recording a | ||
document (other than a
document filed under the Plat Act or the | ||
Uniform Commercial Code) that does
not conform to
the following | ||
standards:
| ||
(1) The document shall consist of one or more | ||
individual sheets
measuring 8.5 inches by 11 inches, not | ||
permanently bound and not a
continuous form. Graphic | ||
displays accompanying a document to be recorded
that | ||
measure up to 11 inches by 17 inches shall be recorded | ||
without charging
an additional fee.
| ||
(2) The document shall be legibly printed in black ink,
| ||
by hand, type, or
computer. Signatures and dates may
be
in | ||
contrasting colors if they will reproduce clearly.
| ||
(3) The document shall be on white paper of not less | ||
than 20-pound
weight and shall have a clean margin of at | ||
least one-half inch on the top, the
bottom, and each side. | ||
Margins may be used only for non-essential notations
that | ||
will not affect the validity of the document, including but | ||
not limited to
form numbers, page numbers, and customer | ||
notations.
| ||
(4) The first page of the document shall contain a | ||
blank space, measuring
at least 3 inches by 5 inches, from | ||
the upper right corner.
| ||
(5) The document shall not have any attachment stapled | ||
or otherwise
affixed to any page.
| ||
A document that does not conform to these standards shall
not | ||
be recorded except upon payment of the additional fee required | ||
under
this paragraph. This paragraph, as amended by this | ||
amendatory Act of 1995,
applies only to documents dated after | ||
the effective date of this amendatory
Act of 1995.
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The recorder shall collect a $9 $10 Rental Housing Support | ||
Program State surcharge for the recordation of any real | ||
estate-related document. Payment of the Rental Housing Support | ||
Program State surcharge shall be evidenced by a receipt that | ||
shall be marked upon or otherwise affixed to the real | ||
estate-related document by the recorder. The form of this | ||
receipt shall be prescribed by the Department of Revenue and | ||
the receipts shall be issued by the Department of Revenue to | ||
each county recorder.
| ||
The recorder shall not collect the Rental Housing Support | ||
Program State surcharge from any State agency, any unit of | ||
local government or any school district.
| ||
One dollar of each surcharge shall be retained by the | ||
county in which it was collected. This dollar shall be | ||
deposited into the county's general revenue fund. Fifty cents | ||
of that amount shall be used for the costs of administering the | ||
Rental Housing Support Program State surcharge and any other | ||
lawful expenditures for the operation of the office of the | ||
recorder and may not be appropriated or expended for any other | ||
purpose. The amounts available to the recorder for expenditure | ||
from the surcharge shall not offset or reduce any other county | ||
appropriations or funding for the office of the recorder.
| ||
On the 15th day of each month, each county recorder shall | ||
report
to the Department of Revenue, on a form prescribed by | ||
the Department,
the number of real estate-related documents | ||
recorded for which
the Rental Housing Support Program
State | ||
surcharge was collected. Each recorder shall submit $9 of each | ||
surcharge collected in the
preceding month to the Department of | ||
Revenue and the Department
shall deposit these amounts in the | ||
Rental Housing Support Program Fund. Subject to appropriation, | ||
amounts in the Fund may be expended only for the purpose of | ||
funding and administering the Rental Housing Support Program. | ||
For purposes of this Section, "real estate-related | ||
document" means that term as it is defined in Section 7 of the | ||
Rental Housing Support Program Act.
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The fee requirements of this Section apply to units of | ||
local
government and school districts.
| ||
Regardless of any other provision in this Section, the | ||
maximum fee that may
be collected from the Department of | ||
Revenue for filing or indexing a
lien, certificate of lien | ||
release or subordination, or any other type of notice
or other | ||
documentation affecting or concerning a lien is $5. Regardless | ||
of any
other provision in this Section, the maximum fee that | ||
may be collected from the
Department of Revenue for indexing | ||
each additional name in excess of
one for any lien, certificate | ||
of lien release or subordination, or any other
type of notice | ||
or other documentation affecting or concerning a lien is $1.
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(Source: P.A. 93-671, eff. 6-1-04; 94-118, eff. 7-5-05.)
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Section 10. The Rental Housing Support Program Act is | ||
amended by changing Section 5 as follows: | ||
(310 ILCS 105/5)
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Sec. 5. Legislative findings and purpose. The General | ||
Assembly finds
that in many parts of this State, large numbers | ||
of citizens are faced with the
inability to secure affordable | ||
rental housing. Due to either insufficient wages
or a shortage | ||
of affordable rental housing stock, or both, many families have
| ||
difficulty securing decent housing, are subjected to | ||
overcrowding, pay too
large a portion of their total monthly | ||
income for housing and consequently
suffer the lack of other
| ||
basic needs, live in substandard or unhealthy housing, or | ||
experience chronic
housing instability. Instability and | ||
inadequacy in housing limits the
employability and | ||
productivity of many citizens, adversely affects family
health | ||
and stress levels, and impedes children's ability to learn; | ||
such instability produces
corresponding drains on public | ||
resources and contributes to an overall decline in real estate | ||
values. Unaffordable rental
rates lead to frequent tenant | ||
turnover and difficulty filling vacancies, resulting in | ||
unstable
income streams for rental property owners, the limited | ||
ability of owners to properly maintain
their properties, | ||
substandard rental housing, and greater rates of foreclosure. | ||
High tenant
turnover, poorly maintained properties, vacant and | ||
abandoned properties, and overcrowded
housing negatively | ||
impact the safety and health of communities and the real estate | ||
values within
such communities. Among others, the program | ||
created by this Act benefits (i) all individuals
who record | ||
real estate related documents by helping to stabilize real | ||
estate values in the State,
(ii) rental property owners by | ||
subsidizing the portion of rent that many of their tenants are | ||
unable to pay, (iii) those individuals who own real estate in | ||
the State by providing an option for
affordable rental housing | ||
should they one day face foreclosure, and (iv) tenants who | ||
participate
in the program by providing them with rental | ||
assistance and the ability to achieve financial
stability so | ||
that they are able to become property owners themselves. It is | ||
the purpose of this Act to
create a State program to help | ||
localities address the need for decent,
affordable, permanent | ||
rental housing.
| ||
(Source: P.A. 97-892, eff. 8-3-12.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||