Public Act 097-0986
 
HB4962 EnrolledLRB097 17628 KMW 62835 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing
Sections 2-3003 and 4-4001 as follows:
 
    (55 ILCS 5/2-3003)  (from Ch. 34, par. 2-3003)
    Sec. 2-3003. Apportionment plan.
    (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:
        a. Shall be substantially equal in population to each
    other district;
        b. Shall be comprised of contiguous territory, as
    nearly compact as practicable; and
        c. May divide townships or municipalities only when
    necessary to conform to the population requirement of
    paragraph a. of this Section.
        d. Shall be created in such a manner so that no
    precinct shall be divided between 2 or more districts,
    insofar as is practicable.
    (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
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.
(Source: P.A. 96-1540, eff. 3-7-11.)
 
    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
    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:
    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.
    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.
    For issuance of fireworks permits, $2.
    For issuance of liquor licenses, $5.
    For filing and recording of the appointment and oath of
each public official, $3.
    For officially certifying and sealing each copy of any
process, file, record or other instrument of and pertaining to
his office, $1.
    For swearing any person to an affidavit, $1.
    For issuing each license in all matters except where the
fee for the issuance thereof is otherwise fixed, $4.
    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
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.
    For taking and certifying acknowledgments to any
instrument, except where herein otherwise provided for, $1.
    For issuing each certificate of appointment or commission,
the fee for which is not otherwise fixed by law, $1.
    For cancelling tax sale and issuing and sealing
certificates of redemption, $3.
    For issuing order to county treasurer for redemption of
forfeited tax, $2.
    For trying and sealing weights and measures by county
standard, together with all actual expenses in connection
therewith, $1.
    For services in case of estrays, $2.
    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:
    For services in attending the tax sale and issuing
certificate of sale and sealing the same, for each tract or
town lot sold, $4.
    For making list of delinquent lands and town lots sold, to
be filed with the Comptroller, for each tract or town lot sold,
10¢.
    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
sufficient to cover the cost of providing the service.
    A Statement of the costs of providing each service, program
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.
    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.
    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 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.
(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2012