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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.)