Sen. Don Harmon

Filed: 5/20/2011

 

 


 

 


 
09700HB3184sam001LRB097 06424 PJG 55838 a

1
AMENDMENT TO HOUSE BILL 3184

2    AMENDMENT NO. ______. Amend House Bill 3184 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by changing
5Sections 5.707 and 6z-72 as follows:
 
6    (30 ILCS 105/5.707)
7    Sec. 5.707. The Married Families Domestic Violence Fund.
8(Source: P.A. 95-711, eff. 6-1-08; 96-328, eff. 8-11-09.)
 
9    (30 ILCS 105/6z-72)
10    Sec. 6z-72. Married Families Domestic Violence Fund. The
11Married Families Domestic Violence Fund is created as a special
12fund in the State treasury. Subject to appropriation and
13subject to approval by the Attorney General, the moneys in the
14Fund shall be paid as grants to public or private nonprofit
15agencies solely for the purposes of facilitating or providing

 

 

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1free domestic violence legal advocacy, assistance, or services
2to married or formerly married victims of domestic violence
3related to order of protection proceedings, dissolution of
4marriage proceedings, declaration of invalidity of marriage
5proceedings, legal separation proceedings, child custody
6proceedings, visitation proceedings, or other proceedings for
7civil remedies for domestic violence. The Attorney General
8shall adopt rules concerning application for and disbursement
9of the moneys in the Fund.
10(Source: P.A. 95-711, eff. 6-1-08; 96-328, eff. 8-11-09.)
 
11    Section 10. The Counties Code is amended by changing
12Sections 4-4001 and 4-12003 as follows:
 
13    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
14    Sec. 4-4001. County Clerks; counties of first and second
15class. The fees of the county clerk in counties of the first
16and second class, except when increased by county ordinance
17pursuant to the provisions of this Section, shall be:
18    For each official copy of any process, file, record or
19other instrument of and pertaining to his office, 50¢ for each
20100 words, and $1 additional for certifying and sealing the
21same.
22    For filing any paper not herein otherwise provided for, $1,
23except that no fee shall be charged for filing a Statement of
24economic interest pursuant to the Illinois Governmental Ethics

 

 

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1Act or reports made pursuant to Article 9 of The Election Code.
2    For issuance of fireworks permits, $2.
3    For issuance of liquor licenses, $5.
4    For filing and recording of the appointment and oath of
5each public official, $3.
6    For officially certifying and sealing each copy of any
7process, file, record or other instrument of and pertaining to
8his office, $1.
9    For swearing any person to an affidavit, $1.
10    For issuing each license in all matters except where the
11fee for the issuance thereof is otherwise fixed, $4.
12    For issuing each civil union or marriage license, the
13certificate thereof, and for recording the same, including the
14recording of the parent's or guardian's consent where
15indicated, a fee to be determined by the county board of the
16county, not to exceed $75, which shall be the same, whether for
17a civil union or marriage license $20. $5 from all civil union
18and marriage license fees shall be remitted by the clerk to the
19State Treasurer for deposit into the Married Families Domestic
20Violence Fund.
21    For taking and certifying acknowledgments to any
22instrument, except where herein otherwise provided for, $1.
23    For issuing each certificate of appointment or commission,
24the fee for which is not otherwise fixed by law, $1.
25    For cancelling tax sale and issuing and sealing
26certificates of redemption, $3.

 

 

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1    For issuing order to county treasurer for redemption of
2forfeited tax, $2.
3    For trying and sealing weights and measures by county
4standard, together with all actual expenses in connection
5therewith, $1.
6    For services in case of estrays, $2.
7    The following fees shall be allowed for services attending
8the sale of land for taxes, and shall be charged as costs
9against the delinquent property and be collected with the taxes
10thereon:
11    For services in attending the tax sale and issuing
12certificate of sale and sealing the same, for each tract or
13town lot sold, $4.
14    For making list of delinquent lands and town lots sold, to
15be filed with the Comptroller, for each tract or town lot sold,
1610¢.
17    The foregoing fees allowed by this Section are the maximum
18fees that may be collected from any officer, agency, department
19or other instrumentality of the State. The county board may,
20however, by ordinance, increase the fees allowed by this
21Section and also the notary public recordation fees allowed by
22Section 2-106 of the Illinois Notary Public Act and the
23indexing and filing of assumed name certificate fees allowed by
24Section 3 of the Assumed Business Name Act and collect such
25increased fees from all persons and entities other than
26officers, agencies, departments and other instrumentalities of

 

 

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1the State if the increase is justified by an acceptable cost
2study showing that the fees allowed by these Sections this
3Section are not sufficient to cover the cost of providing the
4service.
5    A Statement of the costs of providing each service, program
6and activity shall be prepared by the county board. All
7supporting documents shall be public record and subject to
8public examination and audit. All direct and indirect costs, as
9defined in the United States Office of Management and Budget
10Circular A-87, may be included in the determination of the
11costs of each service, program and activity.
12    The county clerk in all cases may demand and receive the
13payment of all fees for services in advance so far as the same
14can be ascertained.
15    The county board of any county of the first or second class
16may by ordinance authorize the county clerk to impose an
17additional $2 charge for certified copies of vital records as
18defined in Section 1 of the Vital Records Act, for the purpose
19of developing, maintaining, and improving technology in the
20office of the County Clerk.
21    The county board of any county of the first or second class
22may by ordinance authorize the county treasurer to establish a
23special fund for deposit of the additional charge. Moneys in
24the special fund shall be used solely to provide the equipment,
25material and necessary expenses incurred to help defray the
26cost of implementing and maintaining such document storage

 

 

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1system.
2(Source: P.A. 95-711, eff. 6-1-08; 95-837, eff. 1-1-09; 96-328,
3eff. 8-11-09.)
 
4    (55 ILCS 5/4-12003)  (from Ch. 34, par. 4-12003)
5    Sec. 4-12003. Fees of county clerk in third class counties.
6The fees of the county clerk in counties of the third class
7are:
8    For issuing each civil union or marriage license, sealing,
9filing and recording the same and the certificate thereto (one
10charge), a fee to be determined by the county board of the
11county, not to exceed $75, which shall be the same, whether for
12a civil union or marriage license $35. $5 from all civil union
13and marriage license fees shall be remitted by the clerk to the
14State Treasurer for deposit into the Married Families Domestic
15Violence Fund.
16    For taking, certifying to and sealing the acknowledgment of
17a deed, power of attorney, or other writing, $1.
18    For filing and entering certificates in case of estrays,
19and furnishing notices for publication thereof (one charge),
20$1.50.
21    For recording all papers and documents required by law to
22be recorded in the office of the county clerk, $2 plus 30¢ for
23every 100 words in excess of 600 words.
24    For certificate and seal, not in a case in a court whereof
25he is clerk, $1.

 

 

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1    For making and certifying a copy of any record or paper in
2his office, $2 for every page.
3    For filing papers in his office, 50¢ for each paper filed,
4except that no fee shall be charged for filing a Statement of
5economic interest pursuant to the Illinois Governmental Ethics
6Act or reports made pursuant to Article 9 of The Election Code.
7    For making transcript of taxable property for the
8assessors, 8¢ for each tract of land or town lot. For extending
9other than State and county taxes, 8¢ for each tax on each
10tract or lot, and 8¢ for each person's personal tax, to be paid
11by the authority for whose benefit the transcript is made and
12the taxes extended. The county clerk shall certify to the
13county collector the amount due from each authority for such
14services and the collector in his settlement with such
15authority shall reserve such amount from the amount payable by
16him to such authority.
17    For adding and bringing forward with current tax warrants
18amounts due for forfeited or withdrawn special assessments, 8¢
19for each lot or tract of land described and transcribed.
20    For computing and extending each assessment or installment
21thereof and interest, 8¢ on each description; and for computing
22and extending each penalty, 8¢ on each description. These fees
23shall be paid by the city, village, or taxing body for whose
24benefit the transcript is made and the assessment and penalties
25are extended. The county clerk shall certify to the county
26collector the amount due from each city, village or taxing

 

 

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1body, for such services, and the collector in his settlement
2with such taxing body shall reserve such amount from the amount
3payable by him to such city, village or other taxing body.
4    For cancelling certificates of sale, $4 for each tract or
5lot.
6    For making search and report of general taxes and special
7assessments for use in the preparation of estimate of cost of
8redemption from sales or forfeitures or withdrawals or for use
9in the preparation of estimate of cost of purchase of forfeited
10property, or for use in preparation of order on the county
11collector for searches requested by buyers at annual tax sale,
12for each lot or tract, $4 for the first year searched, and $2
13for each additional year or fraction thereof.
14    For preparing from tax search report estimate of cost of
15redemption concerning property sold, forfeited or withdrawn
16for non-payment of general taxes and special assessments, if
17any, $1 for each lot or tract.
18    For certificate of deposit for redemption, $4.
19    For preparing from tax search report estimate of and order
20to county collector to receive amount necessary to redeem or
21purchase lands or lots forfeited for non-payment of general
22taxes, $3 for each lot or tract.
23    For preparing from tax search report estimate of and order
24to county collector to receive amount necessary to redeem or
25purchase lands or lots forfeited for non-payment of special
26assessments, $4 for each lot or tract.

 

 

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1    For issuing certificate of sale of forfeited property, $10.
2    For noting on collector's warrants tax sales subject to
3redemption, 20¢ for each tract or lot of land, to be paid by
4either the person making the redemption from tax sale, the
5person surrendering the certificate of sale for cancellation,
6or the person taking out tax deed.
7    For noting on collector's warrant special assessments
8withdrawn from collection 20¢ for each tract or lot of land, to
9be charged against the lot assessed in the withdrawn special
10assessment when brought forward with current tax or when
11redeemed by the county clerk. The county clerk shall certify to
12the county collector the amount due from each city, village or
13taxing body for such fees, each year, and the county collector
14in his settlement with such taxing body shall reserve such
15amount from the amount payable by him to such taxing body.
16    For taking and approving official bond of a town assessor,
17filing and recording same, and issuing certificate of election
18or qualification to such official or to the Secretary of State,
19$10, to be paid by the officer-elect.
20    For certified copies of plats, 20¢ for each lot shown in
21copy, but no charge less than $4.
22    For tax search and issuing Statement regarding same on new
23plats to be recorded, $10.
24    For furnishing written description in conformity with
25permanent real estate index number, $2 for each written
26description.

 

 

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1    The following fees shall be allowed for services in matters
2of taxes and assessments, and shall be charged as costs against
3the delinquent property, and collected with the taxes thereon:
4    For entering judgment, 8¢ for each tract or lot.
5    For services in attending the tax sale and issuing
6certificates of sale and sealing the same, $10 for each tract
7or lot.
8    For making list of delinquent lands and town lots sold, to
9be filed with the State Comptroller, 10¢ for each tract or lot
10sold.
11    The following fees shall be audited and allowed by the
12board of county commissioners and paid from the county
13treasury.
14    For computing State or county taxes, on each description of
15real estate and each person's, firm's or corporation's personal
16property tax, for each extension of each tax, 4¢, which shall
17include the transcribing of the collector's books.
18    For computing, extending and bringing forward, and adding
19to the current tax, the amount due for general taxes on lands
20and lots previously forfeited to the State, for each extension
21of each tax, 4¢ for the first year, and for computing and
22extending the tax and penalty for each additional year, 6¢.
23    For making duplicate or triplicate sets of books,
24containing transcripts of taxable property, for the board of
25assessors and board of review, 3¢ for each description entered
26in each book.

 

 

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1    For filing, indexing and recording or binding each birth,
2death or stillbirth certificate or report, 15¢, which fee shall
3be in full for all services in connection therewith, including
4the keeping of accounts with district registrars.
5    For posting new subdivisions or plats in official atlases,
625¢ for each lot.
7    For compiling new sheets for atlases, 20¢ for each lot.
8    For compiling new atlases, including necessary record
9searches, 25¢ for each lot.
10    For investigating and reporting on each new plat, referred
11to county clerk, $2.
12    For attending sessions of the board of county commissioners
13thereof, $5 per day, for each clerk in attendance.
14    For recording proceedings of the board of county
15commissioners, 15¢ per 100 words.
16    For filing papers which must be kept in office of
17comptroller of Cook County, 10¢ for each paper filed.
18    For filing and indexing contracts, bonds, communications,
19and other such papers which must be kept in office of
20comptroller of Cook County, 15¢ for each document.
21    For swearing any person to necessary affidavits relating to
22the correctness of claims against the county, 25¢.
23    For issuing warrants in payment of salaries, supplies and
24other accounts, and all necessary auditing and bookkeeping work
25in connection therewith, 10¢ each.
26    The fee requirements of this Section do not apply to units

 

 

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1of local government or school districts.
2(Source: P.A. 95-711, eff. 6-1-08.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".