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Public Act 097-0004


 

Public Act 0004 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0004
 
HB3184 EnrolledLRB097 06424 JDS 46506 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by changing
Sections 5.707 and 6z-72 as follows:
 
    (30 ILCS 105/5.707)
    Sec. 5.707. The Married Families Domestic Violence Fund.
(Source: P.A. 95-711, eff. 6-1-08; 96-328, eff. 8-11-09.)
 
    (30 ILCS 105/6z-72)
    Sec. 6z-72. Married Families Domestic Violence Fund. The
Married Families Domestic Violence Fund is created as a special
fund in the State treasury. Subject to appropriation and
subject to approval by the Attorney General, the moneys in the
Fund shall be paid as grants to public or private nonprofit
agencies solely for the purposes of facilitating or providing
free domestic violence legal advocacy, assistance, or services
to married or formerly married victims of domestic violence
related to order of protection proceedings, dissolution of
marriage proceedings, declaration of invalidity of marriage
proceedings, legal separation proceedings, child custody
proceedings, visitation proceedings, or other proceedings for
civil remedies for domestic violence. The Attorney General
shall adopt rules concerning application for and disbursement
of the moneys in the Fund.
(Source: P.A. 95-711, eff. 6-1-08; 96-328, eff. 8-11-09.)
 
    Section 10. The Counties Code is amended by changing
Sections 4-4001 and 4-12003 as follows:
 
    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
    Sec. 4-4001. County Clerks; counties of first and second
class. The fees of the county clerk in counties of the first
and second class, except when increased by county ordinance
pursuant to the provisions of this Section, shall be:
    For each official copy of any process, file, record or
other instrument of and pertaining to his office, 50 for each
100 words, and $1 additional for certifying and sealing the
same.
    For filing any paper not herein otherwise provided for, $1,
except that no fee shall be charged for filing a Statement of
economic interest pursuant to the Illinois Governmental Ethics
Act or reports made pursuant to Article 9 of The Election Code.
    For issuance of fireworks permits, $2.
    For issuance of liquor licenses, $5.
    For filing and recording of the appointment and oath of
each public official, $3.
    For officially certifying and sealing each copy of any
process, file, record or other instrument of and pertaining to
his office, $1.
    For swearing any person to an affidavit, $1.
    For issuing each license in all matters except where the
fee for the issuance thereof is otherwise fixed, $4.
    For issuing each civil union or marriage license, the
certificate thereof, and for recording the same, including the
recording of the parent's or guardian's consent where
indicated, a fee to be determined by the county board of the
county, not to exceed $75, which shall be the same, whether for
a civil union or marriage license $20. $5 from all civil union
and marriage license fees shall be remitted by the clerk to the
State Treasurer for deposit into the Married Families Domestic
Violence Fund.
    For taking and certifying acknowledgments to any
instrument, except where herein otherwise provided for, $1.
    For issuing each certificate of appointment or commission,
the fee for which is not otherwise fixed by law, $1.
    For cancelling tax sale and issuing and sealing
certificates of redemption, $3.
    For issuing order to county treasurer for redemption of
forfeited tax, $2.
    For trying and sealing weights and measures by county
standard, together with all actual expenses in connection
therewith, $1.
    For services in case of estrays, $2.
    The following fees shall be allowed for services attending
the sale of land for taxes, and shall be charged as costs
against the delinquent property and be collected with the taxes
thereon:
    For services in attending the tax sale and issuing
certificate of sale and sealing the same, for each tract or
town lot sold, $4.
    For making list of delinquent lands and town lots sold, to
be filed with the Comptroller, for each tract or town lot sold,
10.
    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 also the notary public recordation fees allowed by
Section 2-106 of the Illinois Notary Public Act and the
indexing and filing of assumed name certificate fees allowed by
Section 3 of the Assumed Business Name Act 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 these Sections this
Section are not sufficient to cover the cost of providing the
service.
    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.
    The county clerk in all cases may demand and receive the
payment of all fees for services in advance so far as the same
can be ascertained.
    The county board of any county of the first or second class
may by ordinance authorize the county clerk to impose an
additional $2 charge for certified copies of vital records as
defined in Section 1 of the Vital Records Act, for the purpose
of developing, maintaining, and improving technology in the
office of the County Clerk.
    The county board of any county of the first or second class
may by ordinance authorize the county treasurer to establish a
special fund for deposit of the additional charge. Moneys in
the special fund shall be used solely to provide the equipment,
material and necessary expenses incurred to help defray the
cost of implementing and maintaining such document storage
system.
(Source: P.A. 95-711, eff. 6-1-08; 95-837, eff. 1-1-09; 96-328,
eff. 8-11-09.)
 
    (55 ILCS 5/4-12003)  (from Ch. 34, par. 4-12003)
    Sec. 4-12003. Fees of county clerk in third class counties.
The fees of the county clerk in counties of the third class
are:
    For issuing each civil union or marriage license, sealing,
filing and recording the same and the certificate thereto (one
charge), a fee to be determined by the county board of the
county, not to exceed $75, which shall be the same, whether for
a civil union or marriage license $35. $5 from all civil union
and marriage license fees shall be remitted by the clerk to the
State Treasurer for deposit into the Married Families Domestic
Violence Fund.
    For taking, certifying to and sealing the acknowledgment of
a deed, power of attorney, or other writing, $1.
    For filing and entering certificates in case of estrays,
and furnishing notices for publication thereof (one charge),
$1.50.
    For recording all papers and documents required by law to
be recorded in the office of the county clerk, $2 plus 30 for
every 100 words in excess of 600 words.
    For certificate and seal, not in a case in a court whereof
he is clerk, $1.
    For making and certifying a copy of any record or paper in
his office, $2 for every page.
    For filing papers in his office, 50 for each paper filed,
except that no fee shall be charged for filing a Statement of
economic interest pursuant to the Illinois Governmental Ethics
Act or reports made pursuant to Article 9 of The Election Code.
    For making transcript of taxable property for the
assessors, 8 for each tract of land or town lot. For extending
other than State and county taxes, 8 for each tax on each
tract or lot, and 8 for each person's personal tax, to be paid
by the authority for whose benefit the transcript is made and
the taxes extended. The county clerk shall certify to the
county collector the amount due from each authority for such
services and the collector in his settlement with such
authority shall reserve such amount from the amount payable by
him to such authority.
    For adding and bringing forward with current tax warrants
amounts due for forfeited or withdrawn special assessments, 8
for each lot or tract of land described and transcribed.
    For computing and extending each assessment or installment
thereof and interest, 8 on each description; and for computing
and extending each penalty, 8 on each description. These fees
shall be paid by the city, village, or taxing body for whose
benefit the transcript is made and the assessment and penalties
are extended. The county clerk shall certify to the county
collector the amount due from each city, village or taxing
body, for such services, and the collector in his settlement
with such taxing body shall reserve such amount from the amount
payable by him to such city, village or other taxing body.
    For cancelling certificates of sale, $4 for each tract or
lot.
    For making search and report of general taxes and special
assessments for use in the preparation of estimate of cost of
redemption from sales or forfeitures or withdrawals or for use
in the preparation of estimate of cost of purchase of forfeited
property, or for use in preparation of order on the county
collector for searches requested by buyers at annual tax sale,
for each lot or tract, $4 for the first year searched, and $2
for each additional year or fraction thereof.
    For preparing from tax search report estimate of cost of
redemption concerning property sold, forfeited or withdrawn
for non-payment of general taxes and special assessments, if
any, $1 for each lot or tract.
    For certificate of deposit for redemption, $4.
    For preparing from tax search report estimate of and order
to county collector to receive amount necessary to redeem or
purchase lands or lots forfeited for non-payment of general
taxes, $3 for each lot or tract.
    For preparing from tax search report estimate of and order
to county collector to receive amount necessary to redeem or
purchase lands or lots forfeited for non-payment of special
assessments, $4 for each lot or tract.
    For issuing certificate of sale of forfeited property, $10.
    For noting on collector's warrants tax sales subject to
redemption, 20 for each tract or lot of land, to be paid by
either the person making the redemption from tax sale, the
person surrendering the certificate of sale for cancellation,
or the person taking out tax deed.
    For noting on collector's warrant special assessments
withdrawn from collection 20 for each tract or lot of land, to
be charged against the lot assessed in the withdrawn special
assessment when brought forward with current tax or when
redeemed by the county clerk. The county clerk shall certify to
the county collector the amount due from each city, village or
taxing body for such fees, each year, and the county collector
in his settlement with such taxing body shall reserve such
amount from the amount payable by him to such taxing body.
    For taking and approving official bond of a town assessor,
filing and recording same, and issuing certificate of election
or qualification to such official or to the Secretary of State,
$10, to be paid by the officer-elect.
    For certified copies of plats, 20 for each lot shown in
copy, but no charge less than $4.
    For tax search and issuing Statement regarding same on new
plats to be recorded, $10.
    For furnishing written description in conformity with
permanent real estate index number, $2 for each written
description.
    The following fees shall be allowed for services in matters
of taxes and assessments, and shall be charged as costs against
the delinquent property, and collected with the taxes thereon:
    For entering judgment, 8 for each tract or lot.
    For services in attending the tax sale and issuing
certificates of sale and sealing the same, $10 for each tract
or lot.
    For making list of delinquent lands and town lots sold, to
be filed with the State Comptroller, 10 for each tract or lot
sold.
    The following fees shall be audited and allowed by the
board of county commissioners and paid from the county
treasury.
    For computing State or county taxes, on each description of
real estate and each person's, firm's or corporation's personal
property tax, for each extension of each tax, 4, which shall
include the transcribing of the collector's books.
    For computing, extending and bringing forward, and adding
to the current tax, the amount due for general taxes on lands
and lots previously forfeited to the State, for each extension
of each tax, 4 for the first year, and for computing and
extending the tax and penalty for each additional year, 6.
    For making duplicate or triplicate sets of books,
containing transcripts of taxable property, for the board of
assessors and board of review, 3 for each description entered
in each book.
    For filing, indexing and recording or binding each birth,
death or stillbirth certificate or report, 15, which fee shall
be in full for all services in connection therewith, including
the keeping of accounts with district registrars.
    For posting new subdivisions or plats in official atlases,
25 for each lot.
    For compiling new sheets for atlases, 20 for each lot.
    For compiling new atlases, including necessary record
searches, 25 for each lot.
    For investigating and reporting on each new plat, referred
to county clerk, $2.
    For attending sessions of the board of county commissioners
thereof, $5 per day, for each clerk in attendance.
    For recording proceedings of the board of county
commissioners, 15 per 100 words.
    For filing papers which must be kept in office of
comptroller of Cook County, 10 for each paper filed.
    For filing and indexing contracts, bonds, communications,
and other such papers which must be kept in office of
comptroller of Cook County, 15 for each document.
    For swearing any person to necessary affidavits relating to
the correctness of claims against the county, 25.
    For issuing warrants in payment of salaries, supplies and
other accounts, and all necessary auditing and bookkeeping work
in connection therewith, 10 each.
    The fee requirements of this Section do not apply to units
of local government or school districts.
(Source: P.A. 95-711, eff. 6-1-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/31/2011