Illinois Advisory Opinions January 01, 1977: IL Opinion S-1271

Advisory Opinion Text

WILLIAM J. SCOTT
ATTORNEY GENERAL

July 25, 1977

FILE No. S-1271

COUNTIES:
County Clerks Shall Charge
the Applicable Filing Fees
For All Individuals Filing
Statements of Economic
Interest, and Political
Committees Filing Statements
of Organization and Cartain
Campaign Finance Reports

Honorable Gene L. Armentrout
State's Attorney
Kane County
Geneva, Illinois 60134

Dear Mr. A

In your recent letter you request my opinion on the question of whether a county clerk may, under applicable statutes, charge a $1.00 filing fee for filing statements of economic interest under the Illinois Governmental Ethics Act (I11. Rev. Stat. 1975, ch. 127, par. 601-101 et seq.) and for filing reports made by political committees under The Election Gode. (I11. Rev. Stat. 1975, ch. 46, par. 9-1 et seq.) Upon examination of pertinent statutes it is my opinion that county clerks are required to charge a $1.00 fee for each such filing.

The Illinois Governmental Ethics Act requires statements of economic interest to be filed with the county clerk of the county in which enumerated categories of persons reside. (I11. Rev. Stat. 1976 Supp., ch. 127, pars. 604A-101, 604A-106.) Under the provisions of The Election Code, local political committees and political committees that act as both a State political committee and a local political committee must file a statement; of organization with the county clerk within thirty days of creation of such a committee. (I11. Rev. Stat. 1975, ch. 46, pars. 9-1.7, 9-1.8, 9-3.) Changes in the information submitted in such statements of organization, and final reports concerning certain financial aspects of dissolved or inactive political committees are also reported to the county clerk. (I11. Rev. Stat. 1975, ch. 46, par. 9-5.) Further, treasurers of local political committees, and treasurers of all political committees acting as both a State political committee and a local political committee are required to file reports of campaign contributions and expenditures at designated times. I11. Rev. Stat. 1975, ch. 46, par. 9-10.

"AW ACT concerning fees and salaries, and to classify the several counties of this state with reference thereto" (I11. Rev. Stat. 1975, ch. 53, par. 35), enumerates charges that the county clerk shall impose for particular filing duties and other services. While there is no specifically enumerated fee for the filing of statements of economic interest under the Illinois Governmental Ethics Act supra, or for filing specified statements and reports under The Election Code, supra, section 35 of "AN ACT concerning fees and salaries, etc." specifically states there is a $1.00 filing fee "for filing any paper not herein otherwise provided for".

There is no specific exemption in the Illinois Governmental Ethics Act supra, in pertinent Election Code provisions supra, or in the county clerk fee schedule itself, for the $1.00 filing fee. Therefore, it is ray opinion that the county clerk shall charge such fee pursuant to "AN ACT concerning fees and salaries, and to classify the several counties of this state with reference thereto" (I11. Rev. Stat. 1975, ch. 53, par. 35) for the filing of statements of economic interest under the Illinois Governmental Ethics Act (I11. Rev. Stat. 1975, ch. 127, par. 601-101 et seq.), and for filing specified statements and reports under The Election Code. I11. Rev. Stat. 1975, ch. 46, pars. 9-3, 9-5 and 9-10.

Very truly yours.

ATTORNEY GENERAL