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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2255 Introduced , by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED:
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| 55 ILCS 5/3-5018 | from Ch. 34, par. 3-5018 | 55 ILCS 5/1131 new | |
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Amends the Counties Code. Authorizes Lake County to establish an affordable housing trust fund. Provides that Lake County may, by ordinance or resolution, provide for an affordable housing trust fund surcharge in the amount of $3 for the recordation of any real estate-related document to fund the affordable housing trust fund. Defines "affordable housing trust fund" and "real estate-related document". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing Section |
| 5 | | 3-5018 and by adding Section 1131 as follows:
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| 6 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) |
| 7 | | Sec. 3-5018. Fees. The recorder elected as provided for in |
| 8 | | this
Division shall receive such fees as are or may be provided |
| 9 | | for him or her by law,
in case of provision therefor: otherwise |
| 10 | | he or she shall receive the same fees as
are or may be provided |
| 11 | | in this Section, except when increased by county
ordinance |
| 12 | | pursuant to the provisions of this Section, to be paid to the
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| 13 | | county clerk for his or her services in the office of recorder |
| 14 | | for like services. |
| 15 | | For recording deeds or other instruments, $12 for the first |
| 16 | | 4 pages
thereof, plus $1 for each additional page thereof, plus |
| 17 | | $1 for each
additional document number therein noted. The |
| 18 | | aggregate minimum fee
for recording any one instrument shall |
| 19 | | not be less than $12. |
| 20 | | For recording deeds or other instruments wherein the |
| 21 | | premises
affected thereby are referred to by document number |
| 22 | | and not by legal
description, a fee of $1 in addition to that |
| 23 | | hereinabove referred to for
each document number therein noted. |
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| 1 | | For recording assignments of mortgages, leases or liens, |
| 2 | | $12 for the
first 4 pages thereof, plus $1 for each additional |
| 3 | | page thereof. However,
except for leases and liens pertaining |
| 4 | | to oil, gas and other minerals,
whenever a mortgage, lease or |
| 5 | | lien assignment assigns more than one
mortgage, lease or lien |
| 6 | | document, a $7 fee shall be charged for the recording
of each |
| 7 | | such mortgage, lease or lien document after the first one. |
| 8 | | For recording maps or plats of additions or subdivisions |
| 9 | | approved by the
county or municipality (including the spreading |
| 10 | | of the same of record in
map case or other proper books) or |
| 11 | | plats of condominiums, $50 for the first
page, plus $1 for each |
| 12 | | additional page thereof except that in the case of
recording a |
| 13 | | single page, legal size 8 1/2 x 14, plat of survey in which
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| 14 | | there are no more than two lots or parcels of land, the fee |
| 15 | | shall be $12.
In each county where such maps or plats are to be |
| 16 | | recorded, the recorder
may require the same to be accompanied |
| 17 | | by such number of exact, true and
legible copies thereof as the |
| 18 | | recorder deems necessary for the efficient
conduct and |
| 19 | | operation of his or her office. |
| 20 | | For non-certified copies of records, an amount not to |
| 21 | | exceed one-half of the amount provided in this Section for |
| 22 | | certified copies, according to a standard scale of fees, |
| 23 | | established by county ordinance and made public. The provisions |
| 24 | | of this paragraph shall not be applicable to any person or |
| 25 | | entity who obtains non-certified copies of records in the |
| 26 | | following manner: (i) in bulk for all documents recorded on any |
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| 1 | | given day in an electronic or paper format for a negotiated |
| 2 | | amount less than the amount provided for in this paragraph for |
| 3 | | non-certified copies, (ii) under a contractual relationship |
| 4 | | with the recorder for a negotiated amount less than the amount |
| 5 | | provided for in this paragraph for non-certified copies, |
| 6 | | or (iii) by means of Internet access pursuant to Section |
| 7 | | 5-1106.1. |
| 8 | | For certified copies of records, the same fees as for |
| 9 | | recording, but
in no case shall the fee for a certified copy of |
| 10 | | a map or plat of an
addition, subdivision or otherwise exceed |
| 11 | | $10. |
| 12 | | Each certificate of such recorder of the recording of the |
| 13 | | deed or
other writing and of the date of recording the same |
| 14 | | signed by such
recorder, shall be sufficient evidence of the |
| 15 | | recording thereof, and
such certificate including the indexing |
| 16 | | of record, shall be furnished
upon the payment of the fee for |
| 17 | | recording the instrument, and no
additional fee shall be |
| 18 | | allowed for the certificate or indexing. |
| 19 | | The recorder shall charge an additional fee, in an amount |
| 20 | | equal to the
fee otherwise provided by law, for recording a |
| 21 | | document (other than a
document filed under the Plat Act or the |
| 22 | | Uniform Commercial Code) that does
not conform to the following |
| 23 | | 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 ink, |
| 5 | | by hand, type,
or computer. Signatures and dates may be in |
| 6 | | 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 for non-essential notations that
will |
| 11 | | not affect the validity of the document, including but not |
| 12 | | limited to
form numbers, page numbers, and customer |
| 13 | | 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. |
| 19 | | A document that does not conform to these standards shall
not |
| 20 | | be recorded except upon payment of the additional fee required |
| 21 | | under
this paragraph. This paragraph, as amended by this |
| 22 | | amendatory Act of 1995,
applies only to documents dated after |
| 23 | | the effective date of this amendatory
Act of 1995. |
| 24 | | The county board of any county may provide for an |
| 25 | | additional charge of $3
for filing every instrument, paper, or |
| 26 | | notice for record, (1)
in order to
defray the cost of |
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| 1 | | converting the county recorder's document storage system
to |
| 2 | | computers or micrographics
and (2) in order to defray the cost |
| 3 | | of providing access to records through
the global
information |
| 4 | | system known as the Internet. |
| 5 | | A special fund shall be set up by the treasurer of the |
| 6 | | county and such
funds collected pursuant to Public Act 83-1321 |
| 7 | | shall be used (1)
for
a document storage system to provide the |
| 8 | | equipment, materials and necessary
expenses incurred to help |
| 9 | | defray the costs of implementing and maintaining
such a |
| 10 | | document records system
and (2) for a system to provide |
| 11 | | electronic access to
those records. |
| 12 | | The county board of any county that provides and maintains |
| 13 | | a countywide map
through a Geographic Information System (GIS) |
| 14 | | may provide for an additional
charge of $3 for filing every |
| 15 | | instrument, paper, or notice for record (1)
in order
to defray |
| 16 | | the cost of implementing or maintaining the county's Geographic
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| 17 | | Information System
and (2) in order to defray the cost of |
| 18 | | providing electronic access to the
county's
Geographic
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| 19 | | Information System records.
Of that amount, $2 must be |
| 20 | | deposited into a special fund
set up by the treasurer of the |
| 21 | | county, and any moneys collected pursuant to
this amendatory |
| 22 | | Act of the 91st General Assembly and deposited into that fund
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| 23 | | must be used solely for the equipment, materials, and necessary |
| 24 | | expenses
incurred in implementing and maintaining a Geographic |
| 25 | | Information System and
in order to defray the cost of providing |
| 26 | | electronic access to the county's
Geographic Information |
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| 1 | | System records.
The remaining $1 must be deposited into the |
| 2 | | recorder's special funds created
under Section 3-5005.4. The |
| 3 | | recorder may, in his or her discretion, use moneys
in the funds |
| 4 | | created under Section 3-5005.4 to defray the cost of |
| 5 | | implementing
or maintaining the county's Geographic |
| 6 | | Information System
and to defray the cost of providing |
| 7 | | electronic access to the county's
Geographic
Information |
| 8 | | System records. |
| 9 | | Any county that establishes an affordable housing trust |
| 10 | | fund pursuant to Section 5-1131 of this Code may provide by |
| 11 | | ordinance or resolution for an affordable housing trust fund |
| 12 | | surcharge in the amount of $3 for the recordation of any real |
| 13 | | estate-related document for the sole purpose of funding the |
| 14 | | affordable housing trust fund. |
| 15 | | The recorder shall collect a $10 Rental Housing Support |
| 16 | | Program State
surcharge for the recordation of any real |
| 17 | | estate-related document. Payment of the
Rental Housing Support |
| 18 | | Program State surcharge shall be evidenced by a receipt
that |
| 19 | | shall be marked upon or otherwise affixed to the real |
| 20 | | estate-related document
by the recorder. The form of this |
| 21 | | receipt shall be prescribed by the Department
of Revenue and |
| 22 | | the receipts shall be issued by the Department of Revenue to
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| 23 | | each county recorder. |
| 24 | | The recorder shall not collect the Rental Housing Support |
| 25 | | Program State surcharge from any State agency, any unit of |
| 26 | | local government or any school district. |
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| 1 | | One dollar of each surcharge shall be retained by the |
| 2 | | county in which it was collected. This dollar shall be |
| 3 | | deposited into the county's general revenue fund. Fifty cents |
| 4 | | of that amount shall be used for the costs of administering the |
| 5 | | Rental Housing Support Program State surcharge and any other |
| 6 | | lawful expenditures for the operation of the office of the |
| 7 | | recorder and may not be appropriated or expended for any other |
| 8 | | purpose. The amounts available to the recorder for expenditure |
| 9 | | from the surcharge shall not offset or reduce any other county |
| 10 | | appropriations or funding for the office of the recorder.
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| 11 | | On the 15th day of each month, each county recorder shall |
| 12 | | report
to the Department of Revenue, on a form prescribed by |
| 13 | | the Department,
the number of real estate-related documents |
| 14 | | recorded for which
the Rental Housing Support Program
State |
| 15 | | surcharge was collected. Each recorder shall submit $9 of each |
| 16 | | surcharge collected in the
preceding month to the Department of |
| 17 | | Revenue and the Department
shall deposit these amounts in the |
| 18 | | Rental Housing Support Program Fund. Subject to appropriation, |
| 19 | | amounts in the Fund may be expended only for the purpose of |
| 20 | | funding and administering the Rental Housing Support Program. |
| 21 | | For purposes of this Section, "real estate-related |
| 22 | | document" means that term as it is defined in Section 7 of the |
| 23 | | Rental Housing Support Program Act.
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| 24 | | The foregoing fees allowed by this Section are the maximum |
| 25 | | fees that
may be collected from any officer, agency, department |
| 26 | | or other
instrumentality of the State. The county board may, |
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| 1 | | however, by ordinance,
increase the fees allowed by this |
| 2 | | Section and collect such increased fees
from all persons and |
| 3 | | entities other than officers, agencies, departments
and other |
| 4 | | instrumentalities of the State if the increase is justified by |
| 5 | | an
acceptable cost study showing that the fees allowed by this |
| 6 | | Section are not
sufficient to cover the cost of providing the |
| 7 | | service.
Regardless of any other provision in this Section, the |
| 8 | | maximum fee that may
be collected from the Department of |
| 9 | | Revenue for filing or indexing a
lien, certificate of lien |
| 10 | | release or subordination, or any other type of notice
or other |
| 11 | | documentation affecting or concerning a lien is $5. Regardless |
| 12 | | of
any other provision in this Section, the maximum fee that |
| 13 | | may be collected from
the Department of Revenue for indexing |
| 14 | | each additional name in excess
of one for any lien, certificate |
| 15 | | of lien release or subordination, or any other
type of notice |
| 16 | | or other documentation affecting or concerning a lien is $1. |
| 17 | | A statement of the costs of providing each service, program |
| 18 | | and activity
shall be prepared by the county board. All |
| 19 | | supporting documents shall be
public record and subject to |
| 20 | | public examination and audit. All direct and
indirect costs, as |
| 21 | | defined in the United States Office of Management and
Budget |
| 22 | | Circular A-87, may be included in the determination of the |
| 23 | | costs of
each service, program and activity. |
| 24 | | (Source: P.A. 96-1356, eff. 7-28-10.)
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| 25 | | (55 ILCS 5/1131 new) |
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| 1 | | Sec. 1131. Affordable housing trust fund pilot program; |
| 2 | | surcharge. Lake County may establish an affordable housing |
| 3 | | trust fund. Lake County may provide by ordinance or resolution |
| 4 | | for an affordable housing trust fund surcharge in the amount of |
| 5 | | $3 for the recordation of any real estate-related document for |
| 6 | | the sole purpose of funding the affordable housing trust fund. |
| 7 | | For purposes of this Section, "affordable housing trust |
| 8 | | fund" means a trust fund established by the county board of |
| 9 | | Lake County by resolution or ordinance for the purpose of |
| 10 | | providing financial support for affordable housing activities |
| 11 | | that address the housing needs of low-income and |
| 12 | | moderate-income households as determined by the county board. |
| 13 | | For purposes of this Section, "real estate-related |
| 14 | | document" means that term as it is defined in Section 7 of the |
| 15 | | Rental Housing Support Program Act.
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| 16 | | Section 99. Effective date. This Act takes effect upon |
| 17 | | becoming law.
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