Bill Text: IL SB1398 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Authorizes a county to establish an affordable housing trust fund. Defines an "affordable housing trust fund". Provides that any county that establishes an affordable housing trust fund may provide by ordinance or resolution for a surcharge on the recordation of any "real estate-related document" for the purpose of funding the trust fund. Provides for the collection of the surcharge. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB1398 Detail]

Download: Illinois-2009-SB1398-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1398 Introduced 2/11/2009, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-5018 from Ch. 34, par. 3-5018
55 ILCS 5/5-1131 new
Amends the Counties Code. Authorizes a county to establish an affordable housing trust fund. Defines an "affordable housing trust fund". Provides that any county that establishes an affordable housing trust fund may provide by ordinance or resolution for a surcharge on the recordation of any "real estate-related document" for the purpose of funding the trust fund. Provides for the collection of the surcharge. Effective immediately.
LRB096 04775 RLJ 14839 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1398 LRB096 04775 RLJ 14839 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-5018 and Section 4-12002 and by adding Section
5-1131 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 by law, in case of provision therefor: otherwise he
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 county clerk
for his 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.

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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 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
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 office.
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

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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

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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

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instrument, paper, or notice for record (1) in order to defray
the cost of implementing or maintaining the county's Geographic
Information System and (2) in order to defray the cost of
providing electronic access to the county's Geographic
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
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.
Any county that establishes an affordable housing trust
fund pursuant to Section 5-1131 of this Code may provide by
ordinance or resolution for an affordable housing trust fund
surcharge for the recordation of any real estate-related
document for the purpose of funding that affordable housing
trust fund in the amount of $5 in 2009 and 2010 and thereafter

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as may be determined by the county board. The total amount of
the surcharge shall not exceed $7 between 2011 and 2014, $9
between 2015 and 2018, and $10 thereafter. The county board
shall not increase the surcharge more frequently than once in
any 4-year period.
For the purposes of this Section, "affordable housing trust
fund" means a trust fund established by the county board by
resolution or ordinance for the purpose of providing financial
support for affordable housing activities that address the
housing needs of low-income and moderate-income households as
determined by the county board.
The recorder shall collect a $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 affordable housing trust
fund surcharge or 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

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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.
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

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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. 93-256, eff. 7-22-03; 94-118, eff. 7-5-05.)
(55 ILCS 5/5-1131 new)
Sec. 5-1131. Affordable housing trust fund; surcharge. Any
county may establish an affordable housing trust fund. Any

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county that establishes an affordable housing trust fund may
provide by ordinance or resolution for an affordable housing
trust fund surcharge for the recordation of any real
estate-related document for the purpose of funding that
affordable housing trust fund in the amount of $5 in 2009 and
2010 and thereafter as may be determined by the county board.
The total amount of the surcharge shall not exceed $7 between
2011 and 2014, $9 between 2015 and 2018, and $10 thereafter.
The county board shall not increase the surcharge more
frequently than once in any 4-year period.
For the purposes of this Section, "affordable housing trust
fund" means a trust fund established by the county board by
resolution or ordinance for the purpose of providing financial
support for affordable housing activities that address the
housing needs of low-income and moderate-income households as
determined by the county board.
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.
Section 99. Effective date. This Act takes effect upon
becoming law.