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.

LRB099 04556 AWJ 24584 b

A BILL FOR

HB0745

LRB099 04556 AWJ 24584 b

1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Counties Code is amended by changing Section

5 4-4001 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

8 class. The~~The~~ fees of the county clerk in counties of the

9 first and second class, except when increased by county

10 ordinance pursuant to the provisions of this Section, shall be:

11 For each official copy of any process, file, record or

12 other instrument of and pertaining to his office, 50¢ for each

13 100 words, and $1 additional for certifying and sealing the

14 same.

15 For filing any paper not herein otherwise provided for, $1,

16 except that no fee shall be charged for filing a Statement of

17 economic interest pursuant to the Illinois Governmental Ethics

18 Act 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

22 each public official, $3.

23 For officially certifying and sealing each copy of any

HB0745

- 2 -

LRB099 04556 AWJ 24584 b

1 process, file, record or other instrument of and pertaining to

2 his office, $1.

3 For swearing any person to an affidavit, $1.

4 For issuing each license in all matters except where the

5 fee for the issuance thereof is otherwise fixed, $4.

6 For issuing each civil union or marriage license, the

7 certificate thereof, and for recording the same, including the

8 recording of the parent's or guardian's consent where

9 indicated, a fee to be determined by the county board of the

10 county, not to exceed $75, which shall be the same, whether for

11 a civil union or marriage license. $5 from all civil union and

12 marriage license fees shall be remitted by the clerk to the

13 State Treasurer for deposit into the Domestic Violence Fund.

14 For taking and certifying acknowledgments to any

15 instrument, except where herein otherwise provided for, $1.

16 For issuing each certificate of appointment or commission,

17 the fee for which is not otherwise fixed by law, $1.

18 For cancelling tax sale and issuing and sealing

19 certificates of redemption, $3.

20 For issuing order to county treasurer for redemption of

21 forfeited tax, $2.

22 For trying and sealing weights and measures by county

23 standard, together with all actual expenses in connection

24 therewith, $1.

25 For services in case of estrays, $2.

26 The following fees shall be allowed for services attending

HB0745

- 3 -

LRB099 04556 AWJ 24584 b

1 the sale of land for taxes, and shall be charged as costs

2 against the delinquent property and be collected with the taxes

3 thereon:

4 For services in attending the tax sale and issuing

5 certificate of sale and sealing the same, for each tract or

6 town lot sold, $4.

7 For making list of delinquent lands and town lots sold, to

8 be filed with the Comptroller, for each tract or town lot sold,

9 10¢.

10 The county board of any county of the first or second class

11 may by ordinance authorize the county clerk to impose an

12 additional $2 charge for certified copies of vital records as

13 defined in Section 1 of the Vital Records Act, for the purpose

14 of developing, maintaining, and improving technology in the

15 office of the County Clerk.

16 The foregoing fees allowed by this Section are the maximum

17 fees that may be collected from any officer, agency, department

18 or other instrumentality of the State. The county board may,

19 however, by ordinance, increase the fees allowed by this

20 Section and also the notary public recordation fees allowed by

21 Section 2-106 of the Illinois Notary Public Act and the

22 indexing and filing of assumed name certificate fees allowed by

23 Section 3 of the Assumed Business Name Act and collect such

24 increased fees from all persons and entities other than

25 officers, agencies, departments and other instrumentalities of

26 the State if the increase is justified by an acceptable cost

HB0745

- 4 -

LRB099 04556 AWJ 24584 b

1 study showing that the fees allowed by these Sections are not

2 sufficient to cover the cost of providing the service.

3 A Statement of the costs of providing each service, program

4 and activity shall be prepared by the county board. All

5 supporting documents shall be public record and subject to

6 public examination and audit. All direct and indirect costs, as

7 defined in the United States Office of Management and Budget

8 Circular A-87, may be included in the determination of the

9 costs of each service, program and activity.

10 The county clerk in all cases may demand and receive the

11 payment of all fees for services in advance so far as the same

12 can be ascertained.

13 The county board of any county of the first or second class

14 may by ordinance authorize the county treasurer to establish a

15 special fund for deposit of the additional charge. Moneys in

16 the special fund shall be used solely to provide the equipment,

17 material and necessary expenses incurred to help defray the

18 cost of implementing and maintaining such document storage

19 system.

20 (Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11; 97-986,

21 eff. 8-17-12.)