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Public Act 097-0986
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| HB4962 Enrolled | LRB097 17628 KMW 62835 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 2-3003 and 4-4001 as follows:
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(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
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Sec. 2-3003. Apportionment plan.
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(1) If the county board determines
that members shall be |
elected by districts, it shall develop an
apportionment plan |
and specify the number of districts and the number of
county |
board members to be elected from each district and whether |
voters will
have cumulative voting rights in multi-member |
districts. Each such district:
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a. Shall be substantially equal in population to each |
other district;
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b. Shall be comprised of contiguous territory, as |
nearly compact as
practicable; and
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c. May divide townships or municipalities only when |
necessary to conform
to the population requirement of |
paragraph a. of this Section.
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d. Shall be created in such a manner so that no |
precinct shall be
divided between 2 or more districts, |
insofar as is practicable.
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(2) The county board of each county having a population of |
less than
3,000,000 inhabitants may, if it should so decide, |
provide within that
county for single member districts outside |
the corporate limits and
multi-member districts within the |
corporate limits of any municipality with
a population in |
excess of 75,000. Paragraphs a, b, c and d of subsection
(1) of |
this Section shall apply to the apportionment of both single |
and
multi-member districts within a county to the extent that |
compliance with
paragraphs a, b, c and d still permit the |
establishment of such districts,
except that the population of |
any multi-member district shall be equal to
the population of |
any single member district, times the number of members
found |
within that multi-member district. |
(3) In a county where the Chairman of the County Board is |
elected by the voters of the county as provided in Section |
2-3007, the Chairman of the County Board may develop and |
present to the Board by the third Wednesday in May in the year |
after a federal decennial census year an apportionment plan in |
accordance with the provisions of subsection (1) of this |
Section. If the Chairman presents a plan to the Board by the |
third Wednesday in May, the Board shall conduct at least one |
public hearing to receive comments and to discuss the |
apportionment plan, the hearing shall be held at least 6 days |
but not more than 21 days after the Chairman's plan was |
presented to the Board, and the public shall be given notice of |
the hearing at least 6 days in advance. If the Chairman |
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presents a plan by the third Wednesday in May, the Board is |
prohibited from enacting an apportionment plan until after a |
hearing on the plan presented by the Chairman. The Chairman |
shall have access to the federal decennial census available to |
the Board. |
(4) In a county where a County Executive is elected by the |
voters of the county as provided in Section 2-5007 of the |
Counties Code, the County Executive may develop and present to |
the Board by the third Wednesday in May in the year after a |
federal decennial census year an apportionment plan in |
accordance with the provisions of subsection (1) of this |
Section. If the Executive presents a plan to the Board by the |
third Wednesday in May, the Board shall conduct at least one |
public hearing to receive comments and to discuss the |
apportionment plan, the hearing shall be held at least 6 days |
but not more than 21 days after the Executive's plan was |
presented to the Board, and the public shall be given notice of |
the hearing at least 6 days in advance. If the Executive |
presents a plan by the third Wednesday in May, the Board is |
prohibited from enacting an apportionment plan until after a |
hearing on the plan presented by the Executive. The Executive |
shall have access to the federal decennial census available to |
the Board.
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(Source: P.A. 96-1540, eff. 3-7-11.)
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(55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
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Sec. 4-4001. County Clerks; counties of first and second |
class. The fees of the county clerk in counties of the first |
and second
class, except when increased by county ordinance |
pursuant to the
provisions of this Section, shall be:
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For each official copy of any process, file, record or |
other
instrument of and pertaining to his office, 50¢ for each |
100 words, and
$1 additional for certifying and sealing the |
same.
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For filing any paper not herein otherwise provided for, $1, |
except that
no fee shall be charged for filing a Statement of |
economic interest pursuant
to the Illinois Governmental Ethics |
Act or reports made pursuant to Article
9 of The Election Code.
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For issuance of fireworks permits, $2.
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For issuance of liquor licenses, $5.
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For filing and recording of the appointment and oath of |
each public
official, $3.
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For officially certifying and sealing each copy of any |
process, file,
record or other instrument of and pertaining to |
his office, $1.
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For swearing any person to an affidavit, $1.
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For issuing each license in all matters except where the |
fee for the
issuance thereof is otherwise fixed, $4.
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For issuing each civil union or marriage license, the |
certificate thereof, and for
recording the same, including the |
recording of the parent's or
guardian's consent where |
indicated, a fee to be determined by the county board of the |
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county, not to exceed $75, which shall be the same, whether for |
a civil union or marriage license. $5 from all civil union and |
marriage license fees shall be remitted by the clerk to the |
State Treasurer for deposit into the Domestic Violence Fund.
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For taking and certifying acknowledgments to any |
instrument, except
where herein otherwise provided for, $1.
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For issuing each certificate of appointment or commission, |
the fee
for which is not otherwise fixed by law, $1.
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For cancelling tax sale and issuing and sealing |
certificates of
redemption, $3.
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For issuing order to county treasurer for redemption of |
forfeited
tax, $2.
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For trying and sealing weights and measures by county |
standard,
together with all actual expenses in connection |
therewith, $1.
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For services in case of estrays, $2.
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The following fees shall be allowed for services attending |
the sale
of land for taxes, and shall be charged as costs |
against the delinquent
property and be collected with the taxes |
thereon:
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For services in attending the tax sale and issuing |
certificate of
sale and sealing the same, for each tract or |
town lot sold, $4.
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For making list of delinquent lands and town lots sold, to |
be filed
with the Comptroller, for each tract or town lot sold, |
10¢.
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The county board of any county of the first or second class |
may by
ordinance authorize the county clerk to impose an |
additional $2 charge for
certified copies of vital records as |
defined in Section 1 of the Vital
Records Act, for the purpose |
of developing, maintaining, and improving technology in the |
office of the County Clerk. |
The foregoing fees allowed by this Section are the maximum |
fees that
may be collected from any officer, agency, department |
or other
instrumentality of the State. The county board may, |
however, by ordinance,
increase the fees allowed by this |
Section and also the notary public recordation fees allowed by |
Section 2-106 of the Illinois Notary Public Act and the |
indexing and filing of assumed name certificate fees allowed by |
Section 3 of the Assumed Business Name Act and collect such |
increased fees
from all persons and entities other than |
officers, agencies, departments
and other instrumentalities of |
the State if the increase is justified by an
acceptable cost |
study showing that the fees allowed by these Sections are not
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sufficient to cover the cost of providing the service.
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A Statement of the costs of providing each service, program
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and activity shall be prepared by the county board.
All |
supporting documents shall be public record and subject to |
public
examination and audit. All direct and indirect costs, as |
defined in the
United States Office of Management and Budget |
Circular A-87, may be
included in the determination of the |
costs of each
service, program and activity.
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The county clerk in all cases may demand and receive the |
payment of
all fees for services in advance so far as the same |
can be ascertained.
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The county board of any county of the first or second class |
may by
ordinance authorize the county clerk to impose an |
additional $2 charge for
certified copies of vital records as |
defined in Section 1 of the Vital
Records Act, for the purpose |
of developing, maintaining, and improving technology in the |
office of the County Clerk.
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The county board of any county of the first or second class |
may by
ordinance authorize the county treasurer to establish a |
special fund for
deposit of the additional charge. Moneys in |
the special fund shall be used
solely to provide the equipment, |
material and necessary expenses incurred
to help defray the |
cost of implementing and maintaining such document
storage |
system.
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(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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