| ||||
| Public Act 101-0253 | ||||
| ||||
| ||||
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 3-2001, 3-2002, 3-2003.1, 3-2003.2, 3-2003.3, | ||||
3-2003.4, 3-2005, 3-2007, 3-2008, 3-2009, 3-2010, 3-2012, and | ||||
3-2013 as follows:
| ||||
(55 ILCS 5/3-2001) (from Ch. 34, par. 3-2001)
| ||||
Sec. 3-2001. Election of county clerk. In all counties | ||||
there shall be
an elected county clerk who shall hold office | ||||
until the clerk's his successor is
qualified. The functions and | ||||
powers of the county clerks shall be uniform
in the various | ||||
counties of this State. The clerk He shall enter upon the | ||||
duties of
the clerk's his office on the first day in the month | ||||
of December following the clerk's his election
on which the | ||||
office of the county clerk is required, by statute or by
action | ||||
of the county board, to be open.
| ||||
(Source: P.A. 86-962.)
| ||||
(55 ILCS 5/3-2002) (from Ch. 34, par. 3-2002)
| ||||
Sec. 3-2002. Oath. Each county clerk, before entering upon | ||||
the duties
of the clerk's his office, shall take and subscribe | ||||
to the oath or affirmation
prescribed by Section 3, Article | ||||
XIII of the Constitution which shall be
entered at large upon | ||
the records of the clerk's his office.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2003.1) (from Ch. 34, par. 3-2003.1)
| ||
Sec. 3-2003.1. Appointment of deputies, assistants and | ||
personnel. The county clerk shall appoint his deputies, | ||
assistants and personnel to
assist him in the performance of | ||
the clerk's his duties.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2003.2) (from Ch. 34, par. 3-2003.2)
| ||
Sec. 3-2003.2. Internal operations of office. The county | ||
clerk shall
have the right to control the internal operations | ||
of the clerk's his office and ; to procure
necessary equipment, | ||
materials and services to perform the duties of the clerk's his
| ||
office.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2003.3) (from Ch. 34, par. 3-2003.3)
| ||
Sec. 3-2003.3. Monthly report of financial status. The | ||
county clerk
shall file a monthly report summarizing the | ||
financial status of the clerk's his office
in such form as | ||
shall be determined by the county board.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2003.4) (from Ch. 34, par. 3-2003.4)
| ||
Sec. 3-2003.4. Deposit of fee income; special funds. The | ||
county clerk shall deposit in the office of the county | ||
treasurer
monthly by the 10th day of the month following, all | ||
fee income. The county
clerk may maintain the following special | ||
funds from which the county board
shall authorize payments by | ||
voucher between board meetings:
| ||
(a) Overpayments.
| ||
(b) Reasonable amount needed during the succeeding | ||
accounting period to
pay office expenses, postage, freight, | ||
express or similar charges.
| ||
(c) Excess earnings from the sale of revenue stamps to be | ||
maintained in
a fund to be used for the purchase of additional | ||
stamps from the Illinois
Department of Revenue.
| ||
(d) Fund to pay necessary travel, dues and other expenses | ||
incurred in
attending workshops, educational seminars and | ||
organizational meetings
established for the purpose of | ||
providing in-service training.
| ||
(e) Trust funds, for tax redemptions, or for such other | ||
purposes as may
be provided for by law.
| ||
(f) Such other funds as may be authorized by the county | ||
board.
| ||
The county clerk shall make accounting monthly to the | ||
county board of
all special funds maintained by the clerk him | ||
in the discharge of the clerk's his duties.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
| ||
Sec. 3-2005. Bond. Each county clerk shall, before entering
| ||
upon the duties of the clerk's his or her office, give bond | ||
(or, if the county is
self-insured, the county through its | ||
self-insurance program may provide
bonding) in such penalty and | ||
with such security as the county board shall deem
sufficient, | ||
which bond shall be substantially in the following form, and | ||
shall
be recorded in full in the records of the clerk's his or | ||
her office, and when so recorded
shall be deposited with the | ||
clerk of the circuit court for safe keeping:
| ||
We, (A B) principal, and (C D) and (E F), sureties, all of | ||
the county of
.... and State of Illinois, are obligated to the | ||
People of the State of
Illinois, in the penal sum of $...., for | ||
the payment of which, we obligate
ourselves, each of us, our | ||
heirs, executors and administrators.
| ||
The condition of the above bond is such, that if the above | ||
obligated (A B)
shall perform all the duties which are or may | ||
be required by law to be
performed by the him as county clerk | ||
of the county of .... in the time and
manner prescribed or to | ||
be prescribed by law, and when the clerk he is
succeeded in | ||
office, shall surrender and deliver over to the clerk's his or | ||
her
successor in office all books, papers, moneys, and other | ||
things belonging
to the county, and appertaining to the clerk's | ||
his or her office, then the above bond
to be void; otherwise to | ||
remain in full force.
| ||
Dated (insert date).
| ||
Signed and delivered in the presence of (G H).
| ||
Signature A B,
| ||
Signature C D,
| ||
Signature E F.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
| ||
Sec. 3-2007. Office quarters and hours; violation. The | ||
county clerk shall keep the clerk's his office at the court | ||
house of
the his county, or at such other place as may be | ||
provided for the clerk him by the
authorities of such county | ||
seat and shall keep the his office open and
attend to the | ||
duties thereof:
| ||
(a) In counties of 500,000 or more population from 9 a. m. | ||
to 5 p.
m. of each working day except Saturday afternoons and | ||
legal holidays,
but the clerk may open the office at 8 a. m. on | ||
each working day:
| ||
(b) In counties of less than 500,000 population from 8 a. | ||
m. to 5 p.
m. of each working day except Saturdays and legal | ||
holidays, but in such
counties the office shall remain open | ||
until noon the Saturday before
general, primary or special | ||
election days.
| ||
Provided, that the days on which such office shall be open | ||
and the
hours of opening and closing of the office of the | ||
county clerk may be
changed and otherwise fixed and determined | ||
by the county board of any
county. Any such action taken by the | ||
county board shall be by an
appropriate resolution passed at a | ||
regular meeting.
| ||
Notwithstanding any other provision of this Section, when | ||
any
election is held and the results of such election
are | ||
required by law to be returned to the county clerk, the office | ||
of
the county clerk shall remain open for the purpose of | ||
receiving such
results from the time of opening of the polls | ||
until the returns from
each precinct have been received.
| ||
Any county clerk who fails to keep the clerk's his office | ||
open for the purpose of
receiving election returns as required | ||
by this Section commits a
business offense, and shall be fined | ||
not less than $500 nor more than
$5,000.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2008) (from Ch. 34, par. 3-2008)
| ||
Sec. 3-2008. Seal. The county clerk He shall be keeper of | ||
the seal of the county,
which shall be used by the clerk him in | ||
all cases where the clerk he is required to use an
official | ||
seal.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2009) (from Ch. 34, par. 3-2009)
| ||
Sec. 3-2009. Deputies. The county clerk He shall appoint a | ||
chief deputy and may
appoint additional deputies, who shall | ||
take and subscribe the same oath for
the discharge of their | ||
duties as is required of the county clerk, which
shall be | ||
entered of record in the clerk's his office.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2010) (from Ch. 34, par. 3-2010)
| ||
Sec. 3-2010. Responsibility. The principal clerk shall in | ||
all cases be
responsible for the acts of the principal clerk's | ||
his deputies. Whenever a vacancy occurs in the
office of the | ||
county clerk in any county, including counties with a
| ||
population of less than 60,000 inhabitants, the chief deputy | ||
clerk shall
perform all the duties appertaining to the office | ||
of county clerk until the
successor of such clerk is elected or | ||
appointed and qualified as provided
in Section 3-2011.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-2012) (from Ch. 34, par. 3-2012)
| ||
Sec. 3-2012. Custody of records; public inspection. The | ||
county
clerk shall have the care and custody of all the | ||
records, books and papers
appertaining to and filed or | ||
deposited in the clerk's their respective offices, and the
| ||
same, except as otherwise provided in the Vital Records Act, | ||
shall be
open to the inspection of all persons without reward.
| ||
(Source: P.A. 86-962; 87-895.)
| ||
(55 ILCS 5/3-2013) (from Ch. 34, par. 3-2013)
| ||
Sec. 3-2013. General duties of clerk. Subject to the | ||
provisions of
the "The Local Records Act", the duties of the | ||
county clerk shall be-
| ||
1st. To act as clerk of the county board of the his county | ||
and to keep an
accurate record of the proceedings of said | ||
board, file and preserve all
bills of account acted upon by the | ||
board, and when any account is allowed
or disallowed, the clerk | ||
he shall note that fact thereon, and when a part of any
account | ||
is allowed, the clerk he shall note particularly the items | ||
allowed.
| ||
2nd. To keep a book in which the clerk he shall enter the | ||
number, date and amount
of each order upon the county | ||
treasurer, and the name of the person in
whose favor the same | ||
is drawn, and when such order is canceled, the clerk he shall
| ||
note the date of cancellation opposite such entry.
| ||
3rd. Before any such order is delivered to the person for | ||
whose benefit
it is drawn, the county clerk shall present the | ||
same to the county
treasurer, who shall personally countersign | ||
the same.
| ||
4th. To keep a book, in which shall be entered in | ||
alphabetical order, by
name of the principal, a minute of all | ||
official bonds filed in the clerk's his office,
giving the name | ||
of the office, amount and date of bond, names of sureties
and | ||
date of filing, with such reference to the number or other | ||
designation
of the bond, that the same may be easily found.
| ||
5th. To keep proper alphabetical indexes of all records and | ||
papers in
the clerk's his office.
| ||
6th. To give any person requiring the same, and paying the | ||
lawful fees
therefor, a copy of any record, paper or account in | ||
the clerk's his office.
| ||
7th. Such other duties as are or may be required by law.
| ||
(Source: P.A. 86-962.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||