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

HB3393sam002 95TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 5/9/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3393

2     AMENDMENT NO. ______. Amend House Bill 3393 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

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1 to married or formerly married victims of domestic violence
2 related to order of protection proceedings, dissolution of
3 marriage proceedings, declaration of invalidity of marriage
4 proceedings, legal separation proceedings, child custody
5 proceedings, visitation proceedings, or other proceedings for
6 civil remedies for domestic violence. The Attorney General
7 shall adopt rules concerning application for and disbursement
8 of the moneys in the Fund.
 
9     Section 10. The Counties Code is amended by changing
10 Sections 4-4001 and 4-12003 as follows:
 
11     (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
12     Sec. 4-4001. County Clerks; counties of first and second
13 class. The fees of the county clerk in counties of the first
14 and second class, except when increased by county ordinance
15 pursuant to the provisions of this Section, shall be:
16     For each official copy of any process, file, record or
17 other instrument of and pertaining to his office, 50˘ for each
18 100 words, and $1 additional for certifying and sealing the
19 same.
20     For filing any paper not herein otherwise provided for, $1,
21 except that no fee shall be charged for filing a Statement of
22 economic interest pursuant to the Illinois Governmental Ethics
23 Act or reports made pursuant to Article 9 of The Election Code.
24     For issuance of fireworks permits, $2.

 

 

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1     For issuance of liquor licenses, $5.
2     For filing and recording of the appointment and oath of
3 each public official, $3.
4     For officially certifying and sealing each copy of any
5 process, file, record or other instrument of and pertaining to
6 his office, $1.
7     For swearing any person to an affidavit, $1.
8     For issuing each license in all matters except where the
9 fee for the issuance thereof is otherwise fixed, $4.
10     For issuing each marriage license, the certificate
11 thereof, and for recording the same, including the recording of
12 the parent's or guardian's consent where indicated, $20 $15. $5
13 from all marriage license fees shall be remitted by the clerk
14 to the State Treasurer for deposit into the Married Families
15 Domestic Violence Fund.
16     For taking and certifying acknowledgments to any
17 instrument, except where herein otherwise provided for, $1.
18     For issuing each certificate of appointment or commission,
19 the fee for which is not otherwise fixed by law, $1.
20     For cancelling tax sale and issuing and sealing
21 certificates of redemption, $3.
22     For issuing order to county treasurer for redemption of
23 forfeited tax, $2.
24     For trying and sealing weights and measures by county
25 standard, together with all actual expenses in connection
26 therewith, $1.

 

 

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1     For services in case of estrays, $2.
2     The following fees shall be allowed for services attending
3 the sale of land for taxes, and shall be charged as costs
4 against the delinquent property and be collected with the taxes
5 thereon:
6     For services in attending the tax sale and issuing
7 certificate of sale and sealing the same, for each tract or
8 town lot sold, $4.
9     For making list of delinquent lands and town lots sold, to
10 be filed with the Comptroller, for each tract or town lot sold,
11 10˘.
12     The foregoing fees allowed by this Section are the maximum
13 fees that may be collected from any officer, agency, department
14 or other instrumentality of the State. The county board may,
15 however, by ordinance, increase the fees allowed by this
16 Section and collect such increased fees from all persons and
17 entities other than officers, agencies, departments and other
18 instrumentalities of the State if the increase is justified by
19 an acceptable cost study showing that the fees allowed by this
20 Section are not sufficient to cover the cost of providing the
21 service.
22     A Statement of the costs of providing each service, program
23 and activity shall be prepared by the county board. All
24 supporting documents shall be public record and subject to
25 public examination and audit. All direct and indirect costs, as
26 defined in the United States Office of Management and Budget

 

 

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1 Circular A-87, may be included in the determination of the
2 costs of each service, program and activity.
3     The county clerk in all cases may demand and receive the
4 payment of all fees for services in advance so far as the same
5 can be ascertained.
6     The county board of any county of the first or second class
7 may by ordinance authorize the county clerk to impose an
8 additional $2 charge for certified copies of vital records as
9 defined in Section 1 of the Vital Records Act, for the sole
10 purpose of defraying the cost of converting the county clerk's
11 document storage system for vital records as defined in Section
12 1 of the Vital Records Act to computers or micrographics, and
13 for maintaining such system.
14     The county board of any county of the first or second class
15 may by ordinance authorize the county treasurer to establish a
16 special fund for deposit of the additional charge. Moneys in
17 the special fund shall be used solely to provide the equipment,
18 material and necessary expenses incurred to help defray the
19 cost of implementing and maintaining such document storage
20 system.
21 (Source: P.A. 86-962.)
 
22     (55 ILCS 5/4-12003)  (from Ch. 34, par. 4-12003)
23     Sec. 4-12003. Fees of county clerk in third class counties.
24 The fees of the county clerk in counties of the third class
25 are:

 

 

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1     For issuing each marriage license, sealing, filing and
2 recording the same and the certificate thereto (one charge),
3 $35 $30. $5 from all marriage license fees shall be remitted by
4 the clerk to the State Treasurer for deposit into the Married
5 Families Domestic Violence Fund.
6     For taking, certifying to and sealing the acknowledgment of
7 a deed, power of attorney, or other writing, $1.
8     For filing and entering certificates in case of estrays,
9 and furnishing notices for publication thereof (one charge),
10 $1.50.
11     For recording all papers and documents required by law to
12 be recorded in the office of the county clerk, $2 plus 30˘ for
13 every 100 words in excess of 600 words.
14     For certificate and seal, not in a case in a court whereof
15 he is clerk, $1.
16     For making and certifying a copy of any record or paper in
17 his office, $2 for every page.
18     For filing papers in his office, 50˘ for each paper filed,
19 except that no fee shall be charged for filing a Statement of
20 economic interest pursuant to the Illinois Governmental Ethics
21 Act or reports made pursuant to Article 9 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 extending
24 other than State and county taxes, 8˘ for each tax on each
25 tract or lot, and 8˘ for each person's personal tax, to be paid
26 by the authority for whose benefit the transcript is made and

 

 

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1 the taxes extended. The county clerk shall certify to the
2 county collector the amount due from each authority for such
3 services and the collector in his settlement with such
4 authority shall reserve such amount from the amount payable by
5 him to such authority.
6     For adding and bringing forward with current tax warrants
7 amounts due for forfeited or withdrawn special assessments, 8˘
8 for each lot or tract of land described and transcribed.
9     For computing and extending each assessment or installment
10 thereof and interest, 8˘ on each description; and for computing
11 and extending each penalty, 8˘ on each description. These fees
12 shall be paid by the city, village, or taxing body for whose
13 benefit the transcript is made and the assessment and penalties
14 are extended. The county clerk shall certify to the county
15 collector the amount due from each city, village or taxing
16 body, for such services, and the collector in his settlement
17 with such taxing body shall reserve such amount from the amount
18 payable by him to such city, village or other taxing body.
19     For cancelling certificates of sale, $4 for each tract or
20 lot.
21     For making search and report of general taxes and special
22 assessments for use in the preparation of estimate of cost of
23 redemption from sales or forfeitures or withdrawals or for use
24 in the preparation of estimate of cost of purchase of forfeited
25 property, or for use in preparation of order on the county
26 collector for searches requested by buyers at annual tax sale,

 

 

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1 for each lot or tract, $4 for the first year searched, and $2
2 for each additional year or fraction thereof.
3     For preparing from tax search report estimate of cost of
4 redemption concerning property sold, forfeited or withdrawn
5 for non-payment of general taxes and special assessments, if
6 any, $1 for each lot or tract.
7     For certificate of deposit for redemption, $4.
8     For preparing from tax search report estimate of and order
9 to county collector to receive amount necessary to redeem or
10 purchase lands or lots forfeited for non-payment of general
11 taxes, $3 for each lot or tract.
12     For preparing from tax search report estimate of and order
13 to county collector to receive amount necessary to redeem or
14 purchase lands or lots forfeited for non-payment of special
15 assessments, $4 for each lot or tract.
16     For issuing certificate of sale of forfeited property, $10.
17     For noting on collector's warrants tax sales subject to
18 redemption, 20˘ for each tract or lot of land, to be paid by
19 either the person making the redemption from tax sale, the
20 person surrendering the certificate of sale for cancellation,
21 or the person taking out tax deed.
22     For noting on collector's warrant special assessments
23 withdrawn from collection 20˘ for each tract or lot of land, to
24 be charged against the lot assessed in the withdrawn special
25 assessment when brought forward with current tax or when
26 redeemed by the county clerk. The county clerk shall certify to

 

 

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1 the county collector the amount due from each city, village or
2 taxing body for such fees, each year, and the county collector
3 in his settlement with such taxing body shall reserve such
4 amount from the amount payable by him to such taxing body.
5     For taking and approving official bond of a town assessor,
6 filing and recording same, and issuing certificate of election
7 or qualification to such official or to the Secretary of State,
8 $10, to be paid by the officer-elect.
9     For certified copies of plats, 20˘ for each lot shown in
10 copy, but no charge less than $4.
11     For tax search and issuing Statement regarding same on new
12 plats to be recorded, $10.
13     For furnishing written description in conformity with
14 permanent real estate index number, $2 for each written
15 description.
16     The following fees shall be allowed for services in matters
17 of taxes and assessments, and shall be charged as costs against
18 the delinquent property, and collected with the taxes thereon:
19     For entering judgment, 8˘ for each tract or lot.
20     For services in attending the tax sale and issuing
21 certificates of sale and sealing the same, $10 for each tract
22 or lot.
23     For making list of delinquent lands and town lots sold, to
24 be filed with the State Comptroller, 10˘ for each tract or lot
25 sold.
26     The following fees shall be audited and allowed by the

 

 

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1 board of county commissioners and paid from the county
2 treasury.
3     For computing State or county taxes, on each description of
4 real estate and each person's, firm's or corporation's personal
5 property tax, for each extension of each tax, 4˘, which shall
6 include the transcribing of the collector's books.
7     For computing, extending and bringing forward, and adding
8 to the current tax, the amount due for general taxes on lands
9 and lots previously forfeited to the State, for each extension
10 of each tax, 4˘ for the first year, and for computing and
11 extending the tax and penalty for each additional year, 6˘.
12     For making duplicate or triplicate sets of books,
13 containing transcripts of taxable property, for the board of
14 assessors and board of review, 3˘ for each description entered
15 in each book.
16     For filing, indexing and recording or binding each birth,
17 death or stillbirth certificate or report, 15˘, which fee shall
18 be in full for all services in connection therewith, including
19 the keeping of accounts with district registrars.
20     For posting new subdivisions or plats in official atlases,
21 25˘ for each lot.
22     For compiling new sheets for atlases, 20˘ for each lot.
23     For compiling new atlases, including necessary record
24 searches, 25˘ for each lot.
25     For investigating and reporting on each new plat, referred
26 to county clerk, $2.

 

 

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1     For attending sessions of the board of county commissioners
2 thereof, $5 per day, for each clerk in attendance.
3     For recording proceedings of the board of county
4 commissioners, 15˘ per 100 words.
5     For filing papers which must be kept in office of
6 comptroller of Cook County, 10˘ for each paper filed.
7     For filing and indexing contracts, bonds, communications,
8 and other such papers which must be kept in office of
9 comptroller of Cook County, 15˘ for each document.
10     For swearing any person to necessary affidavits relating to
11 the correctness of claims against the county, 25˘.
12     For issuing warrants in payment of salaries, supplies and
13 other accounts, and all necessary auditing and bookkeeping work
14 in connection therewith, 10˘ each.
15     The fee requirements of this Section do not apply to units
16 of local government or school districts.
17 (Source: P.A. 86-962; 87-669.)".