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Public Act 101-0253
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| HB2252 Enrolled | LRB101 04718 AWJ 52457 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(55 ILCS 5/3-2001) (from Ch. 34, par. 3-2001)
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2002) (from Ch. 34, par. 3-2002)
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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 |
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XIII of the Constitution which shall be
entered at large upon |
the records of the clerk's his office.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.1) (from Ch. 34, par. 3-2003.1)
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.2) (from Ch. 34, par. 3-2003.2)
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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
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office.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.3) (from Ch. 34, par. 3-2003.3)
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.4) (from Ch. 34, par. 3-2003.4)
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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:
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(a) Overpayments.
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(b) Reasonable amount needed during the succeeding |
accounting period to
pay office expenses, postage, freight, |
express or similar charges.
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(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.
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(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.
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(e) Trust funds, for tax redemptions, or for such other |
purposes as may
be provided for by law.
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(f) Such other funds as may be authorized by the county |
board.
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
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Sec. 3-2005. Bond. Each county clerk shall, before entering
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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:
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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.
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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.
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Dated (insert date).
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Signed and delivered in the presence of (G H).
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Signature A B,
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Signature C D,
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Signature E F.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
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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:
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(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:
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(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.
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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 |
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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.
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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.
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2008) (from Ch. 34, par. 3-2008)
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2009) (from Ch. 34, par. 3-2009)
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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 |
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duties as is required of the county clerk, which
shall be |
entered of record in the clerk's his office.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2010) (from Ch. 34, par. 3-2010)
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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
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/3-2012) (from Ch. 34, par. 3-2012)
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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
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same, except as otherwise provided in the Vital Records Act, |
shall be
open to the inspection of all persons without reward.
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(Source: P.A. 86-962; 87-895.)
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(55 ILCS 5/3-2013) (from Ch. 34, par. 3-2013)
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Sec. 3-2013. General duties of clerk. Subject to the |
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provisions of
the "The Local Records Act", the duties of the |
county clerk shall be-
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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.
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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
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note the date of cancellation opposite such entry.
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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.
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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.
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5th. To keep proper alphabetical indexes of all records and |
papers in
the clerk's his office.
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