Bill Text: IL HB2252 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Clerk Division of the Counties Code. Makes all provisions of the Division gender neutral. Makes some technical and grammatical changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0253 [HB2252 Detail]

Download: Illinois-2019-HB2252-Engrossed.html

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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 3-2001, 3-2002, 3-2003.1, 3-2003.2, 3-2003.3,
3-2003.4, 3-2005, 3-2007, 3-2008, 3-2009, 3-2010, 3-2012, and
3-2013 as follows:
(55 ILCS 5/3-2001) (from Ch. 34, par. 3-2001)
Sec. 3-2001. Election of county clerk. In all counties
there shall be an elected county clerk who shall hold office
until the clerk's his successor is qualified. The functions and
powers of the county clerks shall be uniform in the various
counties of this State. The clerk He shall enter upon the
duties of the clerk's his office on the first day in the month
of December following the clerk's his election on which the
office of the county clerk is required, by statute or by action
of the county board, to be open.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2002) (from Ch. 34, par. 3-2002)
Sec. 3-2002. Oath. Each county clerk, before entering upon
the duties of the clerk's his office, shall take and subscribe
to the oath or affirmation prescribed by Section 3, Article

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XIII of the Constitution which shall be entered at large upon
the records of the clerk's his office.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2003.1) (from Ch. 34, par. 3-2003.1)
Sec. 3-2003.1. Appointment of deputies, assistants and
personnel. The county clerk shall appoint his deputies,
assistants and personnel to assist him in the performance of
the clerk's his duties.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2003.2) (from Ch. 34, par. 3-2003.2)
Sec. 3-2003.2. Internal operations of office. The county
clerk shall have the right to control the internal operations
of the clerk's his office and ; to procure necessary equipment,
materials and services to perform the duties of the clerk's his
office.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2003.3) (from Ch. 34, par. 3-2003.3)
Sec. 3-2003.3. Monthly report of financial status. The
county clerk shall file a monthly report summarizing the
financial status of the clerk's his office in such form as
shall be determined by the county board.
(Source: P.A. 86-962.)

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(55 ILCS 5/3-2003.4) (from Ch. 34, par. 3-2003.4)
Sec. 3-2003.4. Deposit of fee income; special funds. The
county clerk shall deposit in the office of the county
treasurer monthly by the 10th day of the month following, all
fee income. The county clerk may maintain the following special
funds from which the county board shall authorize payments by
voucher between board meetings:
(a) Overpayments.
(b) Reasonable amount needed during the succeeding
accounting period to pay office expenses, postage, freight,
express or similar charges.
(c) Excess earnings from the sale of revenue stamps to be
maintained in a fund to be used for the purchase of additional
stamps from the Illinois Department of Revenue.
(d) Fund to pay necessary travel, dues and other expenses
incurred in attending workshops, educational seminars and
organizational meetings established for the purpose of
providing in-service training.
(e) Trust funds, for tax redemptions, or for such other
purposes as may be provided for by law.
(f) Such other funds as may be authorized by the county
board.
The county clerk shall make accounting monthly to the
county board of all special funds maintained by the clerk him
in the discharge of the clerk's his duties.
(Source: P.A. 86-962.)

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(55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
Sec. 3-2005. Bond. Each county clerk shall, before entering
upon the duties of the clerk's his or her office, give bond
(or, if the county is self-insured, the county through its
self-insurance program may provide bonding) in such penalty and
with such security as the county board shall deem sufficient,
which bond shall be substantially in the following form, and
shall be recorded in full in the records of the clerk's his or
her office, and when so recorded shall be deposited with the
clerk of the circuit court for safe keeping:
We, (A B) principal, and (C D) and (E F), sureties, all of
the county of .... and State of Illinois, are obligated to the
People of the State of Illinois, in the penal sum of $...., for
the payment of which, we obligate ourselves, each of us, our
heirs, executors and administrators.
The condition of the above bond is such, that if the above
obligated (A B) shall perform all the duties which are or may
be required by law to be performed by the him as county clerk
of the county of .... in the time and manner prescribed or to
be prescribed by law, and when the clerk he is succeeded in
office, shall surrender and deliver over to the clerk's his or
her successor in office all books, papers, moneys, and other
things belonging to the county, and appertaining to the clerk's
his or her office, then the above bond to be void; otherwise to
remain in full force.

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Dated (insert date).
Signed and delivered in the presence of (G H).
Signature A B,
Signature C D,
Signature E F.
(Source: P.A. 91-357, eff. 7-29-99.)
(55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
Sec. 3-2007. Office quarters and hours; violation. The
county clerk shall keep the clerk's his office at the court
house of the his county, or at such other place as may be
provided for the clerk him by the authorities of such county
seat and shall keep the his office open and attend to the
duties thereof:
(a) In counties of 500,000 or more population from 9 a. m.
to 5 p. m. of each working day except Saturday afternoons and
legal holidays, but the clerk may open the office at 8 a. m. on
each working day:
(b) In counties of less than 500,000 population from 8 a.
m. to 5 p. m. of each working day except Saturdays and legal
holidays, but in such counties the office shall remain open
until noon the Saturday before general, primary or special
election days.
Provided, that the days on which such office shall be open
and the hours of opening and closing of the office of the
county clerk may be changed and otherwise fixed and determined

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by the county board of any county. Any such action taken by the
county board shall be by an appropriate resolution passed at a
regular meeting.
Notwithstanding any other provision of this Section, when
any election is held and the results of such election are
required by law to be returned to the county clerk, the office
of the county clerk shall remain open for the purpose of
receiving such results from the time of opening of the polls
until the returns from each precinct have been received.
Any county clerk who fails to keep the clerk's his office
open for the purpose of receiving election returns as required
by this Section commits a business offense, and shall be fined
not less than $500 nor more than $5,000.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2008) (from Ch. 34, par. 3-2008)
Sec. 3-2008. Seal. The county clerk He shall be keeper of
the seal of the county, which shall be used by the clerk him in
all cases where the clerk he is required to use an official
seal.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2009) (from Ch. 34, par. 3-2009)
Sec. 3-2009. Deputies. The county clerk He shall appoint a
chief deputy and may appoint additional deputies, who shall
take and subscribe the same oath for the discharge of their

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duties as is required of the county clerk, which shall be
entered of record in the clerk's his office.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2010) (from Ch. 34, par. 3-2010)
Sec. 3-2010. Responsibility. The principal clerk shall in
all cases be responsible for the acts of the principal clerk's
his deputies. Whenever a vacancy occurs in the office of the
county clerk in any county, including counties with a
population of less than 60,000 inhabitants, the chief deputy
clerk shall perform all the duties appertaining to the office
of county clerk until the successor of such clerk is elected or
appointed and qualified as provided in Section 3-2011.
(Source: P.A. 86-962.)
(55 ILCS 5/3-2012) (from Ch. 34, par. 3-2012)
Sec. 3-2012. Custody of records; public inspection. The
county clerk shall have the care and custody of all the
records, books and papers appertaining to and filed or
deposited in the clerk's their respective offices, and the
same, except as otherwise provided in the Vital Records Act,
shall be open to the inspection of all persons without reward.
(Source: P.A. 86-962; 87-895.)
(55 ILCS 5/3-2013) (from Ch. 34, par. 3-2013)
Sec. 3-2013. General duties of clerk. Subject to the

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provisions of the "The Local Records Act", the duties of the
county clerk shall be-
1st. To act as clerk of the county board of the his county
and to keep an accurate record of the proceedings of said
board, file and preserve all bills of account acted upon by the
board, and when any account is allowed or disallowed, the clerk
he shall note that fact thereon, and when a part of any account
is allowed, the clerk he shall note particularly the items
allowed.
2nd. To keep a book in which the clerk he shall enter the
number, date and amount of each order upon the county
treasurer, and the name of the person in whose favor the same
is drawn, and when such order is canceled, the clerk he shall
note the date of cancellation opposite such entry.
3rd. Before any such order is delivered to the person for
whose benefit it is drawn, the county clerk shall present the
same to the county treasurer, who shall personally countersign
the same.
4th. To keep a book, in which shall be entered in
alphabetical order, by name of the principal, a minute of all
official bonds filed in the clerk's his office, giving the name
of the office, amount and date of bond, names of sureties and
date of filing, with such reference to the number or other
designation of the bond, that the same may be easily found.
5th. To keep proper alphabetical indexes of all records and
papers in the clerk's his office.

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6th. To give any person requiring the same, and paying the
lawful fees therefor, a copy of any record, paper or account in
the clerk's his office.
7th. Such other duties as are or may be required by law.
(Source: P.A. 86-962.)
Section 99. Effective date. This Act takes effect upon
becoming law.