99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0745

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/4-4001  from Ch. 34, par. 4-4001

    Amends the Counties Code. Makes a technical change in a Section concerning county clerks' fees.


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A BILL FOR

 

HB0745LRB099 04556 AWJ 24584 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
54-4001 as follows:
 
6    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
7    Sec. 4-4001. County Clerks; counties of first and second
8class. The The fees of the county clerk in counties of the
9first and second class, except when increased by county
10ordinance pursuant to the provisions of this Section, shall be:
11    For each official copy of any process, file, record or
12other instrument of and pertaining to his office, 50 for each
13100 words, and $1 additional for certifying and sealing the
14same.
15    For filing any paper not herein otherwise provided for, $1,
16except that no fee shall be charged for filing a Statement of
17economic interest pursuant to the Illinois Governmental Ethics
18Act or reports made pursuant to Article 9 of The Election Code.
19    For issuance of fireworks permits, $2.
20    For issuance of liquor licenses, $5.
21    For filing and recording of the appointment and oath of
22each public official, $3.
23    For officially certifying and sealing each copy of any

 

 

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1process, file, record or other instrument of and pertaining to
2his office, $1.
3    For swearing any person to an affidavit, $1.
4    For issuing each license in all matters except where the
5fee for the issuance thereof is otherwise fixed, $4.
6    For issuing each civil union or marriage license, the
7certificate thereof, and for recording the same, including the
8recording of the parent's or guardian's consent where
9indicated, a fee to be determined by the county board of the
10county, not to exceed $75, which shall be the same, whether for
11a civil union or marriage license. $5 from all civil union and
12marriage license fees shall be remitted by the clerk to the
13State Treasurer for deposit into the Domestic Violence Fund.
14    For taking and certifying acknowledgments to any
15instrument, except where herein otherwise provided for, $1.
16    For issuing each certificate of appointment or commission,
17the fee for which is not otherwise fixed by law, $1.
18    For cancelling tax sale and issuing and sealing
19certificates of redemption, $3.
20    For issuing order to county treasurer for redemption of
21forfeited tax, $2.
22    For trying and sealing weights and measures by county
23standard, together with all actual expenses in connection
24therewith, $1.
25    For services in case of estrays, $2.
26    The following fees shall be allowed for services attending

 

 

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1the sale of land for taxes, and shall be charged as costs
2against the delinquent property and be collected with the taxes
3thereon:
4    For services in attending the tax sale and issuing
5certificate of sale and sealing the same, for each tract or
6town lot sold, $4.
7    For making list of delinquent lands and town lots sold, to
8be filed with the Comptroller, for each tract or town lot sold,
910.
10    The county board of any county of the first or second class
11may by ordinance authorize the county clerk to impose an
12additional $2 charge for certified copies of vital records as
13defined in Section 1 of the Vital Records Act, for the purpose
14of developing, maintaining, and improving technology in the
15office of the County Clerk.
16    The foregoing fees allowed by this Section are the maximum
17fees that may be collected from any officer, agency, department
18or other instrumentality of the State. The county board may,
19however, by ordinance, increase the fees allowed by this
20Section and also the notary public recordation fees allowed by
21Section 2-106 of the Illinois Notary Public Act and the
22indexing and filing of assumed name certificate fees allowed by
23Section 3 of the Assumed Business Name Act and collect such
24increased fees from all persons and entities other than
25officers, agencies, departments and other instrumentalities of
26the State if the increase is justified by an acceptable cost

 

 

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1study showing that the fees allowed by these Sections are not
2sufficient to cover the cost of providing the service.
3    A Statement of the costs of providing each service, program
4and activity shall be prepared by the county board. All
5supporting documents shall be public record and subject to
6public examination and audit. All direct and indirect costs, as
7defined in the United States Office of Management and Budget
8Circular A-87, may be included in the determination of the
9costs of each service, program and activity.
10    The county clerk in all cases may demand and receive the
11payment of all fees for services in advance so far as the same
12can be ascertained.
13    The county board of any county of the first or second class
14may by ordinance authorize the county treasurer to establish a
15special fund for deposit of the additional charge. Moneys in
16the special fund shall be used solely to provide the equipment,
17material and necessary expenses incurred to help defray the
18cost of implementing and maintaining such document storage
19system.
20(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11; 97-986,
21eff. 8-17-12.)