Public Act 097-0986
 
HB4962 EnrolledLRB097 17628 KMW 62835 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 2-3003 and 4-4001 as follows:
 



    (55 ILCS 5/2-3003)  (from Ch. 34, par. 2-3003)



    Sec. 2-3003. Apportionment plan. 

    (1) If the county board determines
that members shall be 
elected by districts, it shall develop an
apportionment plan 
and specify the number of districts and the number of
county 
board members to be elected from each district and whether 
voters will
have cumulative voting rights in multi-member 
districts. Each such district:


        a. Shall be substantially equal in population to each 
    other district;


        b. Shall be comprised of contiguous territory, as 
    nearly compact as
practicable; and


        c. May divide townships or municipalities only when 
    necessary to conform
to the population requirement of 
    paragraph a. of this Section.


        d. Shall be created in such a manner so that no 
    precinct shall be
divided between 2 or more districts, 
    insofar as is practicable.

    (2) The county board of each county having a population of 
less than
3,000,000 inhabitants may, if it should so decide, 
provide within that
county for single member districts outside 
the corporate limits and
multi-member districts within the 
corporate limits of any municipality with
a population in 
excess of 75,000.  Paragraphs a, b, c and d of subsection
(1) of 
this Section shall apply to the apportionment of both single 
and
multi-member districts within a county to the extent that 
compliance with
paragraphs a, b, c and d still permit the 
establishment of such districts,
except that the population of 
any multi-member district shall be equal to
the population of 
any single member district, times the number of members
found 
within that multi-member district.
    (3) In a county where the Chairman of the County Board is 
elected by the voters of the county as provided in Section 
2-3007, the Chairman of the County Board may develop and 
present to the Board by the third Wednesday in May in the year 
after a federal decennial census year an apportionment plan in 
accordance with the provisions of subsection (1) of this 
Section. If the Chairman presents a plan to the Board by the 
third Wednesday in May, the Board shall conduct at least one 
public hearing to receive comments and to discuss the 
apportionment plan, the hearing shall be held at least 6 days 
but not more than 21 days after the Chairman's plan was 
presented to the Board, and the public shall be given notice of 
the hearing at least 6 days in advance.  If the Chairman 
presents a plan by the third Wednesday in May, the Board is 
prohibited from enacting an apportionment plan until after a 
hearing on the plan presented by the Chairman.  The Chairman 
shall have access to the federal decennial census available to 
the Board. 
    (4) In a county where a County Executive is elected by the 
voters of the county as provided in Section 2-5007 of the 
Counties Code, the County Executive may develop and present to 
the Board by the third Wednesday in May in the year after a 
federal decennial census year an apportionment plan in 
accordance with the provisions of subsection (1) of this 
Section. If the Executive presents a plan to the Board by the 
third Wednesday in May, the Board shall conduct at least one 
public hearing to receive comments and to discuss the 
apportionment plan, the hearing shall be held at least 6 days 
but not more than 21 days after the Executive's plan was 
presented to the Board, and the public shall be given notice of 
the hearing at least 6 days in advance.  If the Executive 
presents a plan by the third Wednesday in May, the Board is 
prohibited from enacting an apportionment plan until after a 
hearing on the plan presented by the Executive.  The Executive 
shall have access to the federal decennial census available to 
the Board. 

(Source: P.A. 96-1540, eff. 3-7-11.)

 


    (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. $5 from all civil union and 
marriage license fees  shall be remitted by the clerk to the 
State Treasurer for deposit into the 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 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 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 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. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.