Illinois General Assembly - Full Text of HB3393
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Full Text of HB3393  95th General Assembly

HB3393enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning fees.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Finance Act is amended by adding
5 Sections 5.675 and 6z-69 as follows:
 
6     (30 ILCS 105/5.675 new)
7     Sec. 5.675. The Married Families Domestic Violence Fund.
 
8     (30 ILCS 105/6z-69 new)
9     Sec. 6z-69. Married Families Domestic Violence Fund. The
10 Married Families Domestic Violence Fund is created as a special
11 fund in the State treasury. Subject to appropriation and
12 subject to approval by the Attorney General, the moneys in the
13 Fund shall be paid as grants to public or private nonprofit
14 agencies solely for the purposes of facilitating or providing
15 free domestic violence legal advocacy, assistance, or services
16 to married or formerly married victims of domestic violence
17 related to order of protection proceedings, dissolution of
18 marriage proceedings, declaration of invalidity of marriage
19 proceedings, legal separation proceedings, child custody
20 proceedings, visitation proceedings, or other proceedings for
21 civil remedies for domestic violence. The Attorney General
22 shall adopt rules concerning application for and disbursement

 

 

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1 of the moneys in the Fund.
 
2     Section 10. The Counties Code is amended by changing
3 Sections 4-4001 and 4-12003 as follows:
 
4     (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
5     Sec. 4-4001. County Clerks; counties of first and second
6 class. The fees of the county clerk in counties of the first
7 and second class, except when increased by county ordinance
8 pursuant to the provisions of this Section, shall be:
9     For each official copy of any process, file, record or
10 other instrument of and pertaining to his office, 50˘ for each
11 100 words, and $1 additional for certifying and sealing the
12 same.
13     For filing any paper not herein otherwise provided for, $1,
14 except that no fee shall be charged for filing a Statement of
15 economic interest pursuant to the Illinois Governmental Ethics
16 Act or reports made pursuant to Article 9 of The Election Code.
17     For issuance of fireworks permits, $2.
18     For issuance of liquor licenses, $5.
19     For filing and recording of the appointment and oath of
20 each public official, $3.
21     For officially certifying and sealing each copy of any
22 process, file, record or other instrument of and pertaining to
23 his office, $1.
24     For swearing any person to an affidavit, $1.

 

 

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1     For issuing each license in all matters except where the
2 fee for the issuance thereof is otherwise fixed, $4.
3     For issuing each marriage license, the certificate
4 thereof, and for recording the same, including the recording of
5 the parent's or guardian's consent where indicated, $20 $15. $5
6 from all marriage license fees shall be remitted by the clerk
7 to the State Treasurer for deposit into the Married Families
8 Domestic Violence Fund.
9     For taking and certifying acknowledgments to any
10 instrument, except where herein otherwise provided for, $1.
11     For issuing each certificate of appointment or commission,
12 the fee for which is not otherwise fixed by law, $1.
13     For cancelling tax sale and issuing and sealing
14 certificates of redemption, $3.
15     For issuing order to county treasurer for redemption of
16 forfeited tax, $2.
17     For trying and sealing weights and measures by county
18 standard, together with all actual expenses in connection
19 therewith, $1.
20     For services in case of estrays, $2.
21     The following fees shall be allowed for services attending
22 the sale of land for taxes, and shall be charged as costs
23 against the delinquent property and be collected with the taxes
24 thereon:
25     For services in attending the tax sale and issuing
26 certificate of sale and sealing the same, for each tract or

 

 

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1 town lot sold, $4.
2     For making list of delinquent lands and town lots sold, to
3 be filed with the Comptroller, for each tract or town lot sold,
4 10˘.
5     The foregoing fees allowed by this Section are the maximum
6 fees that may be collected from any officer, agency, department
7 or other instrumentality of the State. The county board may,
8 however, by ordinance, increase the fees allowed by this
9 Section and collect such increased fees from all persons and
10 entities other than officers, agencies, departments and other
11 instrumentalities of the State if the increase is justified by
12 an acceptable cost study showing that the fees allowed by this
13 Section are not sufficient to cover the cost of providing the
14 service.
15     A Statement of the costs of providing each service, program
16 and activity shall be prepared by the county board. All
17 supporting documents shall be public record and subject to
18 public examination and audit. All direct and indirect costs, as
19 defined in the United States Office of Management and Budget
20 Circular A-87, may be included in the determination of the
21 costs of each service, program and activity.
22     The county clerk in all cases may demand and receive the
23 payment of all fees for services in advance so far as the same
24 can be ascertained.
25     The county board of any county of the first or second class
26 may by ordinance authorize the county clerk to impose an

 

 

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1 additional $2 charge for certified copies of vital records as
2 defined in Section 1 of the Vital Records Act, for the sole
3 purpose of defraying the cost of converting the county clerk's
4 document storage system for vital records as defined in Section
5 1 of the Vital Records Act to computers or micrographics, and
6 for maintaining such system.
7     The county board of any county of the first or second class
8 may by ordinance authorize the county treasurer to establish a
9 special fund for deposit of the additional charge. Moneys in
10 the special fund shall be used solely to provide the equipment,
11 material and necessary expenses incurred to help defray the
12 cost of implementing and maintaining such document storage
13 system.
14 (Source: P.A. 86-962.)
 
15     (55 ILCS 5/4-12003)  (from Ch. 34, par. 4-12003)
16     Sec. 4-12003. Fees of county clerk in third class counties.
17 The fees of the county clerk in counties of the third class
18 are:
19     For issuing each marriage license, sealing, filing and
20 recording the same and the certificate thereto (one charge),
21 $35 $30. $5 from all marriage license fees shall be remitted by
22 the clerk to the State Treasurer for deposit into the Married
23 Families Domestic Violence Fund.
24     For taking, certifying to and sealing the acknowledgment of
25 a deed, power of attorney, or other writing, $1.

 

 

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1     For filing and entering certificates in case of estrays,
2 and furnishing notices for publication thereof (one charge),
3 $1.50.
4     For recording all papers and documents required by law to
5 be recorded in the office of the county clerk, $2 plus 30˘ for
6 every 100 words in excess of 600 words.
7     For certificate and seal, not in a case in a court whereof
8 he is clerk, $1.
9     For making and certifying a copy of any record or paper in
10 his office, $2 for every page.
11     For filing papers in his office, 50˘ for each paper filed,
12 except that no fee shall be charged for filing a Statement of
13 economic interest pursuant to the Illinois Governmental Ethics
14 Act or reports made pursuant to Article 9 of The Election Code.
15     For making transcript of taxable property for the
16 assessors, 8˘ for each tract of land or town lot. For extending
17 other than State and county taxes, 8˘ for each tax on each
18 tract or lot, and 8˘ for each person's personal tax, to be paid
19 by the authority for whose benefit the transcript is made and
20 the taxes extended. The county clerk shall certify to the
21 county collector the amount due from each authority for such
22 services and the collector in his settlement with such
23 authority shall reserve such amount from the amount payable by
24 him to such authority.
25     For adding and bringing forward with current tax warrants
26 amounts due for forfeited or withdrawn special assessments, 8˘

 

 

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1 for each lot or tract of land described and transcribed.
2     For computing and extending each assessment or installment
3 thereof and interest, 8˘ on each description; and for computing
4 and extending each penalty, 8˘ on each description. These fees
5 shall be paid by the city, village, or taxing body for whose
6 benefit the transcript is made and the assessment and penalties
7 are extended. The county clerk shall certify to the county
8 collector the amount due from each city, village or taxing
9 body, for such services, and the collector in his settlement
10 with such taxing body shall reserve such amount from the amount
11 payable by him to such 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 use
17 in the preparation of estimate of cost of purchase of forfeited
18 property, or for use in preparation of order on the county
19 collector for searches requested by buyers at annual tax sale,
20 for each lot or tract, $4 for the first year searched, and $2
21 for each additional year or fraction thereof.
22     For preparing from tax search report estimate of cost of
23 redemption concerning property sold, forfeited or withdrawn
24 for non-payment of general taxes and special assessments, if
25 any, $1 for each lot or tract.
26     For certificate of deposit for redemption, $4.

 

 

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1     For preparing from tax search report estimate of and order
2 to county collector to receive amount necessary to redeem or
3 purchase lands or lots forfeited for non-payment of general
4 taxes, $3 for each lot or tract.
5     For preparing from tax search report estimate of and order
6 to county collector to receive amount necessary to redeem or
7 purchase lands or lots forfeited for non-payment of special
8 assessments, $4 for each lot or tract.
9     For issuing certificate of sale of forfeited property, $10.
10     For noting on collector's warrants tax sales subject to
11 redemption, 20˘ for each tract or lot of land, to be paid by
12 either the person making the redemption from tax sale, the
13 person surrendering the certificate of sale for cancellation,
14 or the person taking out tax deed.
15     For noting on collector's warrant special assessments
16 withdrawn from collection 20˘ for each tract or lot of land, to
17 be charged against the lot assessed in the withdrawn special
18 assessment when brought forward with current tax or when
19 redeemed by the county clerk. The county clerk shall certify to
20 the county collector the amount due from each city, village or
21 taxing body for such fees, each year, and the county collector
22 in his settlement with such taxing body shall reserve such
23 amount from the amount payable by him to such taxing body.
24     For taking and approving official bond of a town assessor,
25 filing and recording same, and issuing certificate of election
26 or qualification to such official or to the Secretary of State,

 

 

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1 $10, to be paid by the officer-elect.
2     For certified copies of plats, 20˘ for each lot shown in
3 copy, but no charge less than $4.
4     For tax search and issuing Statement regarding same on new
5 plats to be recorded, $10.
6     For furnishing written description in conformity with
7 permanent real estate index number, $2 for each written
8 description.
9     The following fees shall be allowed for services in matters
10 of taxes and assessments, and shall be charged as costs against
11 the delinquent property, and collected with the taxes thereon:
12     For entering judgment, 8˘ for each tract or lot.
13     For services in attending the tax sale and issuing
14 certificates of sale and sealing the same, $10 for each tract
15 or lot.
16     For making list of delinquent lands and town lots sold, to
17 be filed with the State Comptroller, 10˘ for each tract or lot
18 sold.
19     The following fees shall be audited and allowed by the
20 board of county commissioners and paid from the county
21 treasury.
22     For computing State or county taxes, on each description of
23 real estate and each person's, firm's or corporation's personal
24 property tax, for each extension of each tax, 4˘, which shall
25 include the transcribing of the collector's books.
26     For computing, extending and bringing forward, and adding

 

 

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1 to the current tax, the amount due for general taxes on lands
2 and lots previously forfeited to the State, for each extension
3 of each tax, 4˘ for the first year, and for computing and
4 extending the tax and penalty for each additional year, 6˘.
5     For making duplicate or triplicate sets of books,
6 containing transcripts of taxable property, for the board of
7 assessors and board of review, 3˘ for each description entered
8 in each book.
9     For filing, indexing and recording or binding each birth,
10 death or stillbirth certificate or report, 15˘, which fee shall
11 be in full for all services in connection therewith, including
12 the keeping of accounts with district registrars.
13     For posting new subdivisions or plats in official atlases,
14 25˘ for each lot.
15     For compiling new sheets for atlases, 20˘ for each lot.
16     For compiling new atlases, including necessary record
17 searches, 25˘ for each lot.
18     For investigating and reporting on each new plat, referred
19 to county clerk, $2.
20     For attending sessions of the board of county commissioners
21 thereof, $5 per day, for each clerk in attendance.
22     For recording proceedings of the board of county
23 commissioners, 15˘ per 100 words.
24     For filing papers which must be kept in office of
25 comptroller of Cook County, 10˘ for each paper filed.
26     For filing and indexing contracts, bonds, communications,

 

 

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1 and other such papers which must be kept in office of
2 comptroller of Cook County, 15˘ for each document.
3     For swearing any person to necessary affidavits relating to
4 the correctness of claims against the county, 25˘.
5     For issuing warrants in payment of salaries, supplies and
6 other accounts, and all necessary auditing and bookkeeping work
7 in connection therewith, 10˘ each.
8     The fee requirements of this Section do not apply to units
9 of local government or school districts.
10 (Source: P.A. 86-962; 87-669.)