State of Illinois
91st General Assembly
Legislation

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91_HB1772

 
                                               LRB9103415WHdv

 1        AN ACT in relation to domestic violence.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Domestic Violence Shelters Act is amended
 5    by adding Sections 3.3 and 3.4 as follows:

 6        (20 ILCS 1310/3.3 new)
 7        Sec.  3.3.   Pamphlet.  With  funds  appropriated for the
 8    purpose from the Domestic Violence Shelter and Service  Fund,
 9    the  Department  of  Human  Services shall produce a pamphlet
10    concerning  the  prevention  of   domestic   violence.    The
11    Department  of  Human Services shall consult with one or more
12    Illinois organizations serving domestic violence  victims  in
13    developing  the  contents of the pamphlet.  The Department of
14    Human Services shall distribute copies  of  the  pamphlet  to
15    county  clerks.  County clerks shall distribute copies of the
16    pamphlet to all persons applying for a marriage license.

17        (20 ILCS 1310/3.4 new)
18        Sec.  3.4.   Restriction.   No  moneys  in  the  Domestic
19    Violence Shelter and Service Fund may be  used  for  programs
20    for  the  treatment  of persons committing abuse.  As used in
21    this Section, "abuse" has the meaning ascribed to  that  term
22    in the Illinois Domestic Violence Act of 1986.

23        Section  10.   The  Counties  Code is amended by changing
24    Sections 4-4001 and 4-12003 and adding  Section  3-2003.6  as
25    follows:

26        (55 ILCS 5/3-2003.6 new)
27        Sec.  3-2003.6.  Deposit  of   certain  amounts  into the
28    Domestic Violence Shelter and Service Fund.   Fees  collected
 
                            -2-                LRB9103415WHdv
 1    by  the  county clerk under Section 4-4001 or Section 4-12003
 2    for deposit into  the Domestic Violence Shelter  and  Service
 3    Fund shall be deposited by the county, no later than the 20th
 4    day   of   the  month following the month in which the moneys
 5    are collected, into the Domestic Violence Shelter and Service
 6    Fund in a manner specified by the State Treasurer.

 7        (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
 8        Sec. 4-4001. County Clerks; counties of first and  second
 9    class.  The fees of the county clerk in counties of the first
10    and second class, except when increased by  county  ordinance
11    pursuant to the provisions of this Section, shall be:
12        For  each  official  copy of any process, file, record or
13    other instrument of and pertaining to  his  office,  50¢  for
14    each  100 words, and $1 additional for certifying and sealing
15    the same.
16        For filing any paper not herein otherwise  provided  for,
17    $1,  except  that  no  fee  shall  be  charged  for  filing a
18    Statement of  economic  interest  pursuant  to  the  Illinois
19    Governmental Ethics Act or reports made pursuant to Article 9
20    of The Election Code.
21        For issuance of fireworks permits, $2.
22        For issuance of liquor licenses, $5.
23        For  filing  and recording of the appointment and oath of
24    each public official, $3.
25        For officially certifying and sealing each  copy  of  any
26    process,  file,  record or other instrument of and pertaining
27    to his office, $1.
28        For swearing any person to an affidavit, $1.
29        For issuing each license in all matters except where  the
30    fee for the issuance thereof is otherwise fixed, $4.
31        For   issuing  each  marriage  license,  the  certificate
32    thereof, and for recording the same, including the  recording
33    of  the  parent's or guardian's consent where indicated, $40,
 
                            -3-                LRB9103415WHdv
 1    of which $25 shall be deposited into  the  Domestic  Violence
 2    Shelter  and  Service  Fund;  except  that  if  both  parties
 3    applying   for   the   marriage   license  submit  acceptable
 4    documentation that the incomes  of  their  family  units  are
 5    below  the poverty guidelines updated annually in the Federal
 6    Register by the U.S. Department of Health and Human  Services
 7    under  authority  of  section  673(2)  of  the Omnibus Budget
 8    Reconciliation Act  of  1981,  the  fee  for    issuing  each
 9    marriage  license, the certificate thereof, and for recording
10    the  same,  including  the  recording  of  the  parent's   or
11    guardian's consent where indicated is $15, of which no amount
12    shall be deposited into the  Domestic  Violence  Shelter  and
13    Service  Fund.   The Department of Human Services shall adopt
14    rules defining what constitutes acceptable documentation  and
15    governing    the   manner   of   submission   of   acceptable
16    documentation. The Department of Human Services  shall  adopt
17    any other rules it deems appropriate to facilitate processing
18    of  the documentation. The Department of Human Services shall
19    notify county clerks of all rules it  adopts  concerning  the
20    documentation $15.
21        For   taking   and   certifying  acknowledgments  to  any
22    instrument, except where herein otherwise provided for, $1.
23        For  issuing   each   certificate   of   appointment   or
24    commission,  the fee for which is not otherwise fixed by law,
25    $1.
26        For  cancelling  tax  sale  and   issuing   and   sealing
27    certificates of redemption, $3.
28        For  issuing  order to county treasurer for redemption of
29    forfeited tax, $2.
30        For trying and sealing weights  and  measures  by  county
31    standard,  together  with  all  actual expenses in connection
32    therewith, $1.
33        For services in case of estrays, $2.
34        The  following  fees  shall  be  allowed   for   services
 
                            -4-                LRB9103415WHdv
 1    attending the sale of land for taxes, and shall be charged as
 2    costs  against  the delinquent property and be collected with
 3    the taxes 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,
 8    to  be filed with the Comptroller, for each tract or town lot
 9    sold, 10¢.
10        The foregoing  fees  allowed  by  this  Section  are  the
11    maximum  fees that may be collected from any officer, agency,
12    department or other instrumentality of the State.  The county
13    board may, however, by ordinance, increase the  fees  allowed
14    by  this  Section  and  collect  such increased fees from all
15    persons  and  entities   other   than   officers,   agencies,
16    departments  and  other instrumentalities of the State if the
17    increase is justified by an  acceptable  cost  study  showing
18    that  the  fees allowed by this Section are not sufficient to
19    cover the cost of providing the service.
20        A Statement of  the  costs  of  providing  each  service,
21    program  and  activity shall be prepared by the county board.
22    All supporting documents shall be public record  and  subject
23    to  public  examination  and  audit.  All direct and indirect
24    costs, as defined in the United States Office  of  Management
25    and   Budget   Circular   A-87,   may   be  included  in  the
26    determination of the  costs  of  each  service,  program  and
27    activity.
28        The  county clerk in all cases may demand and receive the
29    payment of all fees for services in advance  so  far  as  the
30    same can be ascertained.
31        The  county  board  of  any county of the first or second
32    class may by ordinance authorize the county clerk  to  impose
33    an additional $2 charge for certified copies of vital records
34    as  defined  in  Section  1 of the Vital Records Act, for the
 
                            -5-                LRB9103415WHdv
 1    sole purpose of defraying the cost of converting  the  county
 2    clerk's  document storage system for vital records as defined
 3    in Section 1  of  the  Vital  Records  Act  to  computers  or
 4    micrographics, and for maintaining such system.
 5        The  county  board  of  any county of the first or second
 6    class may by ordinance  authorize  the  county  treasurer  to
 7    establish  a  special  fund  for  deposit  of  the additional
 8    charge.  Moneys in the special fund shall be used  solely  to
 9    provide   the  equipment,  material  and  necessary  expenses
10    incurred  to  help  defray  the  cost  of  implementing   and
11    maintaining such document storage system.
12    (Source: P.A. 86-962.)

13        (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
14        Sec.  4-12003.  Fees  of  county  clerk  in  third  class
15    counties.  The  fees  of  the county clerk in counties of the
16    third class are:
17        For issuing each marriage license,  sealing,  filing  and
18    recording  the same and the certificate thereto (one charge),
19    $55, of which  $25  shall  be  deposited  into  the  Domestic
20    Violence  Shelter  and  Service  Fund;  except  that  if both
21    parties applying for the marriage license  submit  acceptable
22    documentation  that  the  incomes  of  their family units are
23    below the poverty guidelines updated annually in the  Federal
24    Register  by the U.S. Department of Health and Human Services
25    under authority of  section  673(2)  of  the  Omnibus  Budget
26    Reconciliation Act of 1981, the fee for issuing each marriage
27    license,  sealing,  filing  and  recording  the  same and the
28    certificate thereto (one charge) is $30, of which  no  amount
29    shall  be  deposited  into  the Domestic Violence Shelter and
30    Service Fund.  The Department of Human Services  shall  adopt
31    rules  defining what constitutes acceptable documentation and
32    governing   the   manner   of   submission   of    acceptable
33    documentation.  The  Department of Human Services shall adopt
 
                            -6-                LRB9103415WHdv
 1    any other rules it deems appropriate to facilitate processing
 2    of the documentation. The Department of Human Services  shall
 3    notify  county  clerks  of all rules it adopts concerning the
 4    documentation $30.
 5        For taking, certifying to and sealing the  acknowledgment
 6    of a deed, power of attorney, or other writing, $1.
 7        For  filing and entering certificates in case of estrays,
 8    and furnishing notices for publication thereof (one  charge),
 9    $1.50.
10        For recording all papers and documents required by law to
11    be  recorded  in  the office of the county clerk, $2 plus 30¢
12    for every 100 words in excess of 600 words.
13        For certificate and seal,  not  in  a  case  in  a  court
14    whereof he is clerk, $1.
15        For  making  and certifying a copy of any record or paper
16    in his office, $2 for every page.
17        For filing papers in  his  office,  50¢  for  each  paper
18    filed,  except  that  no  fee  shall  be charged for filing a
19    Statement of  economic  interest  pursuant  to  the  Illinois
20    Governmental Ethics Act or reports made pursuant to Article 9
21    of The Election Code.
22        For   making  transcript  of  taxable  property  for  the
23    assessors, 8¢ for  each  tract  of  land  or  town  lot.  For
24    extending  other than State and county taxes, 8¢ for each tax
25    on each tract or lot, and 8¢ for each person's personal  tax,
26    to  be paid by the authority for whose benefit the transcript
27    is made and  the  taxes  extended.  The  county  clerk  shall
28    certify  to  the  county  collector  the amount due from each
29    authority  for  such  services  and  the  collector  in   his
30    settlement with such authority shall reserve such amount from
31    the amount payable by him to such authority.
32        For adding and bringing forward with current tax warrants
33    amounts  due  for forfeited or withdrawn special assessments,
34    8¢ for each lot or tract of land described and transcribed.
 
                            -7-                LRB9103415WHdv
 1        For  computing   and   extending   each   assessment   or
 2    installment thereof and interest, 8¢ on each description; and
 3    for   computing  and  extending  each  penalty,  8¢  on  each
 4    description. These fees shall be paid by the  city,  village,
 5    or  taxing  body for whose benefit the transcript is made and
 6    the assessment and penalties are extended. The  county  clerk
 7    shall  certify  to  the  county collector the amount due from
 8    each city, village or taxing body, for such services, and the
 9    collector in his  settlement  with  such  taxing  body  shall
10    reserve  such  amount  from the amount payable by him to such
11    city, village or other taxing body.
12        For cancelling certificates of sale, $4 for each tract or
13    lot.
14        For making search and report of general taxes and special
15    assessments for use in the preparation of estimate of cost of
16    redemption from sales or forfeitures or  withdrawals  or  for
17    use  in  the  preparation  of estimate of cost of purchase of
18    forfeited property, or for use in preparation of order on the
19    county collector for searches requested by buyers  at  annual
20    tax  sale,  for  each  lot  or  tract,  $4 for the first year
21    searched,  and  $2  for  each  additional  year  or  fraction
22    thereof.
23        For preparing from tax search report estimate of cost  of
24    redemption  concerning  property sold, forfeited or withdrawn
25    for non-payment of general taxes and special assessments,  if
26    any, $1 for each lot or tract.
27        For certificate of deposit for redemption, $4.
28        For  preparing  from  tax  search  report estimate of and
29    order to county collector  to  receive  amount  necessary  to
30    redeem or purchase lands or lots forfeited for non-payment of
31    general taxes, $3 for each lot or tract.
32        For  preparing  from  tax  search  report estimate of and
33    order to county collector  to  receive  amount  necessary  to
34    redeem or purchase lands or lots forfeited for non-payment of
 
                            -8-                LRB9103415WHdv
 1    special assessments, $4 for each lot or tract.
 2        For  issuing  certificate  of sale of forfeited property,
 3    $10.
 4        For noting on collector's warrants tax sales  subject  to
 5    redemption,  20¢ for each tract or lot of land, to be paid by
 6    either the person making the redemption from  tax  sale,  the
 7    person surrendering the certificate of sale for cancellation,
 8    or the person taking out tax deed.
 9        For  noting  on  collector's  warrant special assessments
10    withdrawn from collection 20¢ for each tract or lot of  land,
11    to  be  charged  against  the  lot  assessed in the withdrawn
12    special assessment when brought forward with current  tax  or
13    when  redeemed  by  the  county clerk. The county clerk shall
14    certify to the county collector  the  amount  due  from  each
15    city,  village  or  taxing body for such fees, each year, and
16    the county collector in his settlement with such taxing  body
17    shall  reserve  such amount from the amount payable by him to
18    such taxing body.
19        For  taking  and  approving  official  bond  of  a   town
20    assessor,  filing and recording same, and issuing certificate
21    of election or qualification  to  such  official  or  to  the
22    Secretary of State, $10, to be paid by the officer-elect.
23        For  certified copies of plats, 20¢ for each lot shown in
24    copy, but no charge less than $4.
25        For tax search and issuing Statement  regarding  same  on
26    new plats to be recorded, $10.
27        For  furnishing  written  description  in conformity with
28    permanent real estate  index  number,  $2  for  each  written
29    description.
30        The  following  fees  shall  be  allowed  for services in
31    matters of taxes and assessments, and  shall  be  charged  as
32    costs against the delinquent property, and collected with the
33    taxes thereon:
34        For entering judgment, 8¢ for each tract or lot.
 
                            -9-                LRB9103415WHdv
 1        For  services  in  attending  the  tax  sale  and issuing
 2    certificates of sale and sealing the same, $10 for each tract
 3    or lot.
 4        For making list of delinquent lands and town  lots  sold,
 5    to be filed with the State Comptroller, 10¢ for each tract or
 6    lot sold.
 7        The  following  fees  shall be audited and allowed by the
 8    board of  county  commissioners  and  paid  from  the  county
 9    treasury.
10        For  computing State or county taxes, on each description
11    of real estate and each  person's,  firm's  or  corporation's
12    personal  property  tax,  for each extension of each tax, 4¢,
13    which shall  include  the  transcribing  of  the  collector's
14    books.
15        For computing, extending and bringing forward, and adding
16    to the current tax, the amount due for general taxes on lands
17    and   lots  previously  forfeited  to  the  State,  for  each
18    extension of each  tax,  4¢  for  the  first  year,  and  for
19    computing   and  extending  the  tax  and  penalty  for  each
20    additional year, 6¢.
21        For  making  duplicate  or  triplicate  sets  of   books,
22    containing  transcripts of taxable property, for the board of
23    assessors and  board  of  review,  3¢  for  each  description
24    entered in each book.
25        For filing, indexing and recording or binding each birth,
26    death  or  stillbirth  certificate  or report, 15¢, which fee
27    shall be in full for all services  in  connection  therewith,
28    including the keeping of accounts with district registrars.
29        For   posting  new  subdivisions  or  plats  in  official
30    atlases, 25¢ for each lot.
31        For compiling new sheets for atlases, 20¢ for each lot.
32        For compiling new  atlases,  including  necessary  record
33    searches, 25¢ for each lot.
34        For   investigating  and  reporting  on  each  new  plat,
 
                            -10-               LRB9103415WHdv
 1    referred to county clerk, $2.
 2        For  attending  sessions   of   the   board   of   county
 3    commissioners   thereof,  $5  per  day,  for  each  clerk  in
 4    attendance.
 5        For  recording  proceedings  of  the  board   of   county
 6    commissioners, 15¢ per 100 words.
 7        For  filing  papers  which  must  be  kept  in  office of
 8    comptroller of Cook County, 10¢ for each paper filed.
 9        For filing and indexing contracts, bonds, communications,
10    and other such  papers  which  must  be  kept  in  office  of
11    comptroller of Cook County, 15¢ for each document.
12        For  swearing any person to necessary affidavits relating
13    to the correctness of claims against the county, 25¢.
14        For issuing warrants in payment of salaries, supplies and
15    other accounts, and all necessary  auditing  and  bookkeeping
16    work in connection therewith, 10¢ each.
17        The  fee  requirements  of  this  Section do not apply to
18    units of local government or school districts.
19    (Source: P.A. 86-962; 87-669.)

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