97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4962

 

Introduced 2/3/2012, by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/2-3003  from Ch. 34, par. 2-3003
55 ILCS 5/3-5010  from Ch. 34, par. 3-5010
55 ILCS 5/4-4001  from Ch. 34, par. 4-4001

    Amends the Counties Code. Provides that if a county board determines members shall be elected by districts, then each district shall be "substantially" equal in population to each other district. Provides that in counties of less than 500,000 inhabitants, the recorder may cause to be microphotographed or otherwise reproduced on electronic method of storage any instrument received in writing by the recorder. Further provides that authorization by the county board is not required for the reproduction of the instruments on film or electronic method of storage. Makes a technical change in a Section concerning County Clerks in counties of the first and second class. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 2-3003, 3-5010, and 4-4001 as follows:
 
6    (55 ILCS 5/2-3003)  (from Ch. 34, par. 2-3003)
7    Sec. 2-3003. Apportionment plan.
8    (1) If the county board determines that members shall be
9elected by districts, it shall develop an apportionment plan
10and specify the number of districts and the number of county
11board members to be elected from each district and whether
12voters will have cumulative voting rights in multi-member
13districts. Each such district:
14        a. Shall be substantially equal in population to each
15    other district;
16        b. Shall be comprised of contiguous territory, as
17    nearly compact as practicable; and
18        c. May divide townships or municipalities only when
19    necessary to conform to the population requirement of
20    paragraph a. of this Section.
21        d. Shall be created in such a manner so that no
22    precinct shall be divided between 2 or more districts,
23    insofar as is practicable.

 

 

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1    (2) The county board of each county having a population of
2less than 3,000,000 inhabitants may, if it should so decide,
3provide within that county for single member districts outside
4the corporate limits and multi-member districts within the
5corporate limits of any municipality with a population in
6excess of 75,000. Paragraphs a, b, c and d of subsection (1) of
7this Section shall apply to the apportionment of both single
8and multi-member districts within a county to the extent that
9compliance with paragraphs a, b, c and d still permit the
10establishment of such districts, except that the population of
11any multi-member district shall be equal to the population of
12any single member district, times the number of members found
13within that multi-member district.
14    (3) In a county where the Chairman of the County Board is
15elected by the voters of the county as provided in Section
162-3007, the Chairman of the County Board may develop and
17present to the Board by the third Wednesday in May in the year
18after a federal decennial census year an apportionment plan in
19accordance with the provisions of subsection (1) of this
20Section. If the Chairman presents a plan to the Board by the
21third Wednesday in May, the Board shall conduct at least one
22public hearing to receive comments and to discuss the
23apportionment plan, the hearing shall be held at least 6 days
24but not more than 21 days after the Chairman's plan was
25presented to the Board, and the public shall be given notice of
26the hearing at least 6 days in advance. If the Chairman

 

 

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1presents a plan by the third Wednesday in May, the Board is
2prohibited from enacting an apportionment plan until after a
3hearing on the plan presented by the Chairman. The Chairman
4shall have access to the federal decennial census available to
5the Board.
6    (4) In a county where a County Executive is elected by the
7voters of the county as provided in Section 2-5007 of the
8Counties Code, the County Executive may develop and present to
9the Board by the third Wednesday in May in the year after a
10federal decennial census year an apportionment plan in
11accordance with the provisions of subsection (1) of this
12Section. If the Executive presents a plan to the Board by the
13third Wednesday in May, the Board shall conduct at least one
14public hearing to receive comments and to discuss the
15apportionment plan, the hearing shall be held at least 6 days
16but not more than 21 days after the Executive's plan was
17presented to the Board, and the public shall be given notice of
18the hearing at least 6 days in advance. If the Executive
19presents a plan by the third Wednesday in May, the Board is
20prohibited from enacting an apportionment plan until after a
21hearing on the plan presented by the Executive. The Executive
22shall have access to the federal decennial census available to
23the Board.
24(Source: P.A. 96-1540, eff. 3-7-11.)
 
25    (55 ILCS 5/3-5010)  (from Ch. 34, par. 3-5010)

 

 

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1    Sec. 3-5010. Duties of recorder. Every recorder shall, as
2soon as practicable after the receipt of any instrument in
3writing in his office, entitled to be recorded, record the same
4at length in the order of time of its reception, in well bound
5books to be provided for that purpose. In counties of 500,000
6or more inhabitants, the recorder may microphotograph or
7otherwise reproduce on film any of such instruments in the
8manner provided by law. In counties of less than 500,000
9inhabitants, the recorder may cause to be microphotographed or
10otherwise reproduced on film or electronic method of storage
11any of such instruments only if authorized to do so by the
12county board. When any such instrument is reproduced on film,
13the film shall comply with the minimum standards of quality
14approved for permanent photographic records of the State
15Records Commission and the device used to reproduce the records
16on the film shall be one which accurately reproduces the
17contents of the original.
18(Source: P.A. 86-962.)
 
19    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
20    Sec. 4-4001. County Clerks; counties of first and second
21class. The fees of the county clerk in counties of the first
22and second class, except when increased by county ordinance
23pursuant to the provisions of this Section, shall be:
24    For each official copy of any process, file, record or
25other instrument of and pertaining to his office, 50¢ for each

 

 

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1100 words, and $1 additional for certifying and sealing the
2same.
3    For filing any paper not herein otherwise provided for, $1,
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 issuance of fireworks permits, $2.
8    For issuance of liquor licenses, $5.
9    For filing and recording of the appointment and oath of
10each public official, $3.
11    For officially certifying and sealing each copy of any
12process, file, record or other instrument of and pertaining to
13his office, $1.
14    For swearing any person to an affidavit, $1.
15    For issuing each license in all matters except where the
16fee for the issuance thereof is otherwise fixed, $4.
17    For issuing each civil union or marriage license, the
18certificate thereof, and for recording the same, including the
19recording of the parent's or guardian's consent where
20indicated, a fee to be determined by the county board of the
21county, not to exceed $75, which shall be the same, whether for
22a civil union or marriage license. $5 from all civil union and
23marriage license fees shall be remitted by the clerk to the
24State Treasurer for deposit into the Domestic Violence Fund.
25    For taking and certifying acknowledgments to any
26instrument, except where herein otherwise provided for, $1.

 

 

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1    For issuing each certificate of appointment or commission,
2the fee for which is not otherwise fixed by law, $1.
3    For cancelling tax sale and issuing and sealing
4certificates of redemption, $3.
5    For issuing order to county treasurer for redemption of
6forfeited tax, $2.
7    For trying and sealing weights and measures by county
8standard, together with all actual expenses in connection
9therewith, $1.
10    For services in case of estrays, $2.
11    The following fees shall be allowed for services attending
12the sale of land for taxes, and shall be charged as costs
13against the delinquent property and be collected with the taxes
14thereon:
15    For services in attending the tax sale and issuing
16certificate of sale and sealing the same, for each tract or
17town lot sold, $4.
18    For making list of delinquent lands and town lots sold, to
19be filed with the Comptroller, for each tract or town lot sold,
2010¢.
21    The county board of any county of the first or second class
22may by ordinance authorize the county clerk to impose an
23additional $2 charge for certified copies of vital records as
24defined in Section 1 of the Vital Records Act, for the purpose
25of developing, maintaining, and improving technology in the
26office of the County Clerk.

 

 

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1    The foregoing fees allowed by this Section are the maximum
2fees that may be collected from any officer, agency, department
3or other instrumentality of the State. The county board may,
4however, by ordinance, increase the fees allowed by this
5Section and also the notary public recordation fees allowed by
6Section 2-106 of the Illinois Notary Public Act and the
7indexing and filing of assumed name certificate fees allowed by
8Section 3 of the Assumed Business Name Act and collect such
9increased fees from all persons and entities other than
10officers, agencies, departments and other instrumentalities of
11the State if the increase is justified by an acceptable cost
12study showing that the fees allowed by these Sections are not
13sufficient to cover the cost of providing the service.
14    A Statement of the costs of providing each service, program
15and activity shall be prepared by the county board. All
16supporting documents shall be public record and subject to
17public examination and audit. All direct and indirect costs, as
18defined in the United States Office of Management and Budget
19Circular A-87, may be included in the determination of the
20costs of each service, program and activity.
21    The county clerk in all cases may demand and receive the
22payment of all fees for services in advance so far as the same
23can be ascertained.
24    The county board of any county of the first or second class
25may by ordinance authorize the county clerk to impose an
26additional $2 charge for certified copies of vital records as

 

 

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1defined in Section 1 of the Vital Records Act, for the purpose
2of developing, maintaining, and improving technology in the
3office of the County Clerk.
4    The county board of any county of the first or second class
5may by ordinance authorize the county treasurer to establish a
6special fund for deposit of the additional charge. Moneys in
7the special fund shall be used solely to provide the equipment,
8material and necessary expenses incurred to help defray the
9cost of implementing and maintaining such document storage
10system.
11(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.