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92_SB0385eng SB385 Engrossed LRB9206081TAtm 1 AN ACT concerning counties. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Sections 3-5018, 3-5036, 4-2002, 4-2002.1, 4-4001, and 5-1113 6 as follows: 7 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) 8 (Text of Section before amendment by P.A. 91-893) 9 Sec. 3-5018. Fees. The recorder elected as provided for 10 in this Division shall receive such fees as are or may be 11 provided for him by law, in case of provision therefor: 12 otherwise he shall receive the same fees as are or may be 13 provided in this Section, except when increased by county 14 ordinance pursuant to the provisions of this Section, to be 15 paid to the county clerk for his services in the office of 16 recorder for like services. No filing fee shall be charged 17 for providing informational copies of financing statements to 18 the recorder pursuant to subsection (8) of Section 9-403 of 19 the Uniform Commercial Code. 20 For recording deeds or other instruments $12 for the 21 first 4 pages thereof, plus $1 for each additional page 22 thereof, plus $1 for each additional document number therein 23 noted. The aggregate minimum fee for recording any one 24 instrument shall not be less than $12. 25 For recording deeds or other instruments wherein the 26 premises affected thereby are referred to by document number 27 and not by legal description a fee of $1 in addition to that 28 hereinabove referred to for each document number therein 29 noted. 30 For recording assignments of mortgages, leases or liens 31 $12 for the first 4 pages thereof, plus $1 for each SB385 Engrossed -2- LRB9206081TAtm 1 additional page thereof. However, except for leases and 2 liens pertaining to oil, gas and other minerals, whenever a 3 mortgage, lease or lien assignment assigns more than one 4 mortgage, lease or lien document, a $7 fee shall be charged 5 for the recording of each such mortgage, lease or lien 6 document after the first one. 7 For recording maps or plats of additions or subdivisions 8 approved by the county or municipality (including the 9 spreading of the same of record in map case or other proper 10 books) or plats of condominiums $50 for the first page, plus 11 $1 for each additional page thereof except that in the case 12 of recording a single page, legal size 8 1/2 x 14, plat of 13 survey in which there are no more than two lots or parcels of 14 land, the fee shall be $12. In each county where such maps 15 or plats are to be recorded, the recorder may require the 16 same to be accompanied by such number of exact, true and 17 legible copies thereof as the recorder deems necessary for 18 the efficient conduct and operation of his office. 19 For certified copies of records the same fees as for 20 recording, but in no case shall the fee for a certified copy 21 of a map or plat of an addition, subdivision or otherwise 22 exceed $10. 23 Each certificate of such recorder of the recording of the 24 deed or other writing and of the date of recording the same 25 signed by such recorder, shall be sufficient evidence of the 26 recording thereof, and such certificate including the 27 indexing of record, shall be furnished upon the payment of 28 the fee for recording the instrument, and no additional fee 29 shall be allowed for the certificate or indexing. 30 The recorder shall charge an additional fee, in an amount 31 equal to the fee otherwise provided by law, for recording a 32 document (other than a document filed under the Plat Act or 33 the Uniform Commercial Code) that does not conform to the 34 following standards: SB385 Engrossed -3- LRB9206081TAtm 1 (1) The document shall consist of one or more 2 individual sheets measuring 8.5 inches by 11 inches, not 3 permanently bound and not a continuous form. Graphic 4 displays accompanying a document to be recorded that 5 measure up to 11 inches by 17 inches shall be recorded 6 without charging an additional fee. 7 (2) The document shall be legibly printed in black 8 ink, by hand, type, or computer. Signatures and dates 9 may be in contrasting colors if they will reproduce 10 clearly. 11 (3) The document shall be on white paper of not 12 less than 20-pound weight and shall have a clean margin 13 of at least one-half inch on the top, the bottom, and 14 each side. Margins may be used for non-essential 15 notations that will not affect the validity of the 16 document, including but not limited to form numbers, page 17 numbers, and customer notations. 18 (4) The first page of the document shall contain a 19 blank space, measuring at least 3 inches by 5 inches, 20 from the upper right corner. 21 (5) The document shall not have any attachment 22 stapled or otherwise affixed to any page. 23 A document that does not conform to these standards shall not 24 be recorded except upon payment of the additional fee 25 required under this paragraph. This paragraph, as amended by 26 this amendatory Act of 1995, applies only to documents dated 27 after the effective date of this amendatory Act of 1995. 28 The county board of any county may provide for an 29 additional charge of $3 for filing every instrument, paper, 30 or notice for record, in order to defray the cost of the 31 county recorder's operations relating to computer, 32 micrographics, or any other means of automation of books and 33 records.converting the county recorder's document storage34system to computers or micrographics.SB385 Engrossed -4- LRB9206081TAtm 1 A special fund shall be set up by the treasurer of the 2 county and such funds collected pursuant to the preceding 3 paragraphPublic Act 83-1321shall be used solely for the 4 costs and necessary expenses incurred by a county recorder to 5 implement and maintain the automation of books and records by 6 computer, micrographics, or any other means, including but 7 not limited to electronic interface allowing public access to 8 these records over the World Wide Web.a document storage9system to provide the equipment, materials and necessary10expenses incurred to help defray the costs of implementing11and maintaining such a document records system.12 The county board of any county that provides and 13 maintains a countywide map through a Geographic Information 14 System (GIS) may provide for an additional charge of $3 for 15 filing every instrument, paper, or notice for record in order 16 to defray the cost of implementing or maintaining the 17 county's Geographic Information System. Of that amount, $2 18 must be deposited into a special fund set up by the treasurer 19 of the county, and any moneys collected pursuant to this 20 amendatory Act of the 91st General Assembly and deposited 21 into that fund must be used solely for the equipment, 22 materials, and necessary expenses incurred in implementing 23 and maintaining a Geographic Information System. The 24 remaining $1 must be deposited into the recorder's special 25 funds created under Section 3-5005.4. The recorder may, in 26 his or her discretion, use moneys in the funds created under 27 Section 3-5005.4 to defray the cost of implementing or 28 maintaining the county's Geographic Information System. 29 The foregoing fees allowed by this Section are the 30 maximum fees that may be collected from any officer, agency, 31 department or other instrumentality of the State. The county 32 board may, however, by ordinance, increase the fees allowed 33 by this Section and collect such increased fees from all 34 persons and entities other than officers, agencies, SB385 Engrossed -5- LRB9206081TAtm 1 departments and other instrumentalities of the State if the 2 increase is justified by an acceptable cost study showing 3 that the fees allowed by this Section are not sufficient to 4 cover the cost of providing the service. 5 A statement of the costs of providing each service, 6 program and activity shall be prepared by the county board. 7 All supporting documents shall be public record and subject 8 to public examination and audit. All direct and indirect 9 costs, as defined in the United States Office of Management 10 and Budget Circular A-87, may be included in the 11 determination of the costs of each service, program and 12 activity. 13 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 14 91-886, eff. 1-1-01.) 15 (Text of Section after amendment by P.A. 91-893) 16 Sec. 3-5018. Fees. The recorder elected as provided for 17 in this Division shall receive such fees as are or may be 18 provided for him by law, in case of provision therefor: 19 otherwise he shall receive the same fees as are or may be 20 provided in this Section, except when increased by county 21 ordinance pursuant to the provisions of this Section, to be 22 paid to the county clerk for his services in the office of 23 recorder for like services. 24 For recording deeds or other instruments $12 for the 25 first 4 pages thereof, plus $1 for each additional page 26 thereof, plus $1 for each additional document number therein 27 noted. The aggregate minimum fee for recording any one 28 instrument shall not be less than $12. 29 For recording deeds or other instruments wherein the 30 premises affected thereby are referred to by document number 31 and not by legal description a fee of $1 in addition to that 32 hereinabove referred to for each document number therein 33 noted. 34 For recording assignments of mortgages, leases or liens SB385 Engrossed -6- LRB9206081TAtm 1 $12 for the first 4 pages thereof, plus $1 for each 2 additional page thereof. However, except for leases and 3 liens pertaining to oil, gas and other minerals, whenever a 4 mortgage, lease or lien assignment assigns more than one 5 mortgage, lease or lien document, a $7 fee shall be charged 6 for the recording of each such mortgage, lease or lien 7 document after the first one. 8 For recording maps or plats of additions or subdivisions 9 approved by the county or municipality (including the 10 spreading of the same of record in map case or other proper 11 books) or plats of condominiums $50 for the first page, plus 12 $1 for each additional page thereof except that in the case 13 of recording a single page, legal size 8 1/2 x 14, plat of 14 survey in which there are no more than two lots or parcels of 15 land, the fee shall be $12. In each county where such maps 16 or plats are to be recorded, the recorder may require the 17 same to be accompanied by such number of exact, true and 18 legible copies thereof as the recorder deems necessary for 19 the efficient conduct and operation of his office. 20 For certified copies of records the same fees as for 21 recording, but in no case shall the fee for a certified copy 22 of a map or plat of an addition, subdivision or otherwise 23 exceed $10. 24 Each certificate of such recorder of the recording of the 25 deed or other writing and of the date of recording the same 26 signed by such recorder, shall be sufficient evidence of the 27 recording thereof, and such certificate including the 28 indexing of record, shall be furnished upon the payment of 29 the fee for recording the instrument, and no additional fee 30 shall be allowed for the certificate or indexing. 31 The recorder shall charge an additional fee, in an amount 32 equal to the fee otherwise provided by law, for recording a 33 document (other than a document filed under the Plat Act or 34 the Uniform Commercial Code) that does not conform to the SB385 Engrossed -7- LRB9206081TAtm 1 following standards: 2 (1) The document shall consist of one or more 3 individual sheets measuring 8.5 inches by 11 inches, not 4 permanently bound and not a continuous form. Graphic 5 displays accompanying a document to be recorded that 6 measure up to 11 inches by 17 inches shall be recorded 7 without charging an additional fee. 8 (2) The document shall be legibly printed in black 9 ink, by hand, type, or computer. Signatures and dates 10 may be in contrasting colors if they will reproduce 11 clearly. 12 (3) The document shall be on white paper of not 13 less than 20-pound weight and shall have a clean margin 14 of at least one-half inch on the top, the bottom, and 15 each side. Margins may be used for non-essential 16 notations that will not affect the validity of the 17 document, including but not limited to form numbers, page 18 numbers, and customer notations. 19 (4) The first page of the document shall contain a 20 blank space, measuring at least 3 inches by 5 inches, 21 from the upper right corner. 22 (5) The document shall not have any attachment 23 stapled or otherwise affixed to any page. 24 A document that does not conform to these standards shall not 25 be recorded except upon payment of the additional fee 26 required under this paragraph. This paragraph, as amended by 27 this amendatory Act of 1995, applies only to documents dated 28 after the effective date of this amendatory Act of 1995. 29 The county board of any county may provide for an 30 additional charge of $3 for filing every instrument, paper, 31 or notice for record, in order to defray the cost of the 32 county recorder's operations relating to computer, 33 micrographics, or any other means of automation of books and 34 records.converting the county recorder's document storageSB385 Engrossed -8- LRB9206081TAtm 1system to computers or micrographics.2 A special fund shall be set up by the treasurer of the 3 county and such funds collected pursuant to the preceding 4 paragraphPublic Act 83-1321shall be used solely for the 5 costs and necessary expenses incurred by a county recorder to 6 implement and maintain the automation of books and records by 7 computer, micrographics, or any other means, including but 8 not limited to electronic interface allowing public access to 9 these records over the World Wide Web.a document storage10system to provide the equipment, materials and necessary11expenses incurred to help defray the costs of implementing12and maintaining such a document records system.13 The county board of any county that provides and 14 maintains a countywide map through a Geographic Information 15 System (GIS) may provide for an additional charge of $3 for 16 filing every instrument, paper, or notice for record in order 17 to defray the cost of implementing or maintaining the 18 county's Geographic Information System. Of that amount, $2 19 must be deposited into a special fund set up by the treasurer 20 of the county, and any moneys collected pursuant to this 21 amendatory Act of the 91st General Assembly and deposited 22 into that fund must be used solely for the equipment, 23 materials, and necessary expenses incurred in implementing 24 and maintaining a Geographic Information System. The 25 remaining $1 must be deposited into the recorder's special 26 funds created under Section 3-5005.4. The recorder may, in 27 his or her discretion, use moneys in the funds created under 28 Section 3-5005.4 to defray the cost of implementing or 29 maintaining the county's Geographic Information System. 30 The foregoing fees allowed by this Section are the 31 maximum fees that may be collected from any officer, agency, 32 department or other instrumentality of the State. The county 33 board may, however, by ordinance, increase the fees allowed 34 by this Section and collect such increased fees from all SB385 Engrossed -9- LRB9206081TAtm 1 persons and entities other than officers, agencies, 2 departments and other instrumentalities of the State if the 3 increase is justified by an acceptable cost study showing 4 that the fees allowed by this Section are not sufficient to 5 cover the cost of providing the service. 6 A statement of the costs of providing each service, 7 program and activity shall be prepared by the county board. 8 All supporting documents shall be public record and subject 9 to public examination and audit. All direct and indirect 10 costs, as defined in the United States Office of Management 11 and Budget Circular A-87, may be included in the 12 determination of the costs of each service, program and 13 activity. 14 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 15 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.) 16 (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036) 17 Sec. 3-5036. Records open to inspection. All records, 18 indices, abstract and other books kept in the office of any 19 recorder, and all instruments filed therein and all 20 instruments deposited or left for recordation therein shall, 21 during the office hours, be open for public inspection and 22 examination; and all persons shall have free access for 23 inspection and examination to such records, indices, books 24 and instruments, which the recorders shall be bound to 25 exhibit to those who wish to inspect or examine the same; and 26 all persons shall have the right to take memoranda and 27 abstracts thereof without fee or reward. This Section is 28 subject to the provisions of "The Local Records Act". 29 Records, indices, abstracts, and other books kept in the 30 office of the recorder, and all instruments filed, deposited, 31 or left there for recordation, may be made available on a Web 32 site maintained by the county recorder on the World Wide Web. 33 Making records available on the World Wide Web does not alter SB385 Engrossed -10- LRB9206081TAtm 1 or satisfy any duties of the county recorder to keep, 2 maintain, or otherwise make available records of the office 3 as required by law. A reasonable fee may be assessed against 4 any person who may access or copy records from a World Wide 5 Web site maintained by the county recorder. 6 (Source: P.A. 86-962.) 7 (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002) 8 Sec. 4-2002. State's attorney fees in counties under 9 3,000,000 population. This Section applies only to counties 10 with fewer than 800,0003,000,000inhabitants. 11 (a) State's attorneys shall be entitled to the following 12 fees, however, the fee requirement of this subsection does 13 not apply to county boards: 14 For each conviction in prosecutions on indictments for 15 first degree murder, second degree murder, involuntary 16 manslaughter, criminal sexual assault, aggravated criminal 17 sexual assault, aggravated criminal sexual abuse, kidnapping, 18 arson and forgery, $30. All other cases punishable by 19 imprisonment in the penitentiary, $30. 20 For each conviction in other cases tried before judges of 21 the circuit court, $15; except that if the conviction is in a 22 case which may be assigned to an associate judge, whether or 23 not it is in fact assigned to an associate judge, the fee 24 shall be $10. 25 For preliminary examinations for each defendant held to 26 bail or recognizance, $10. 27 For each examination of a party bound over to keep the 28 peace, $10. 29 For each defendant held to answer in a circuit court on a 30 charge of paternity, $10. 31 For each trial on a charge of paternity, $30. 32 For each case of appeal taken from his county or from the 33 county to which a change of venue is taken to his county to SB385 Engrossed -11- LRB9206081TAtm 1 the Supreme or Appellate Court when prosecuted or defended by 2 him, $50. 3 For each day actually employed in the trial of a case, 4 $25; in which case the court before whom the case is tried 5 shall make an order specifying the number of days for which a 6 per diem shall be allowed. 7 For each day actually employed in the trial of cases of 8 felony arising in their respective counties and taken by 9 change of venue to another county, $25; and the court before 10 whom the case is tried shall make an order specifying the 11 number of days for which said per diem shall be allowed; and 12 it is hereby made the duty of each State's attorney to 13 prepare and try each case of felony arising when so taken by 14 change of venue. 15 For assisting in a trial of each case on an indictment 16 for felony brought by change of venue to their respective 17 counties, the same fees they would be entitled to if such 18 indictment had been found for an offense committed in his 19 county, and it shall be the duty of the State's attorney of 20 the county to which such cause is taken by change of venue to 21 assist in the trial thereof. 22 For each case of forfeited recognizance where the 23 forfeiture is set aside at the instance of the defense, in 24 addition to the ordinary costs, $10 for each defendant. 25 For each proceeding in a circuit court to inquire into 26 the alleged mental illness of any person, $10 for each 27 defendant. 28 For each proceeding in a circuit court to inquire into 29 the alleged dependency or delinquency of any child, $10. 30 For each day actually employed in the hearing of a case 31 of habeas corpus in which the people are interested, $25. 32 All the foregoing fees shall be taxed as costs to be 33 collected from the defendant, if possible, upon conviction. 34 But in cases of inquiry into the mental illness of any person SB385 Engrossed -12- LRB9206081TAtm 1 alleged to be mentally ill, in cases on a charge of paternity 2 and in cases of appeal in the Supreme or Appellate Court, 3 where judgment is in favor of the accused, the fees allowed 4 the State's attorney therein shall be retained out of the 5 fines and forfeitures collected by them in other cases. 6 Ten per cent of all moneys except revenue, collected by 7 them and paid over to the authorities entitled thereto, which 8 per cent together with the fees provided for herein that are 9 not collected from the parties tried or examined, shall be 10 paid out of any fines and forfeited recognizances collected 11 by them, provided however, that in proceedings to foreclose 12 the lien of delinquent real estate taxes State's attorneys 13 shall receive a fee, to be credited to the earnings of their 14 office, of 10% of the total amount realized from the sale of 15 real estate sold in such proceedings. Such fees shall be 16 paid from the total amount realized from the sale of the real 17 estate sold in such proceedings. 18 State's attorneys shall have a lien for their fees on all 19 judgments for fines or forfeitures procured by them and on 20 moneys except revenue received by them until such fees and 21 earnings are fully paid. 22 No fees shall be charged on more than 10 counts in any 23 one indictment or information on trial and conviction; nor on 24 more than 10 counts against any one defendant on pleas of 25 guilty. 26 The Circuit Court may direct that of all monies received, 27 by restitution or otherwise, which monies are ordered paid to 28 the Department of Public Aid or the Department of Human 29 Services (acting as successor to the Department of Public Aid 30 under the Department of Human Services Act) as a direct 31 result of the efforts of the State's attorney and which 32 payments arise from Civil or Criminal prosecutions involving 33 the Illinois Public Aid Code or the Criminal Code, the 34 following amounts shall be paid quarterly by the Department SB385 Engrossed -13- LRB9206081TAtm 1 of Public Aid or the Department of Human Services to the 2 General Corporate Fund of the County in which the prosecution 3 or cause of action took place: 4 (1) where the monies result from child support 5 obligations, not more than 25% of the federal share of 6 the monies received, 7 (2) where the monies result from other than child 8 support obligations, not more than 25% of the State's 9 share of the monies received. 10 (b) A municipality shall be entitled to a $10 11 prosecution fee for each conviction for a violation of The 12 Illinois Vehicle Code prosecuted by the municipal attorney 13 pursuant to Section 16-102 of that Code which is tried before 14 a circuit or associate judge and shall be entitled to a $10 15 prosecution fee for each conviction for a violation of a 16 municipal vehicle ordinance or nontraffic ordinance 17 prosecuted by the municipal attorney which is tried before a 18 circuit or associate judge. Such fee shall be taxed as costs 19 to be collected from the defendant, if possible, upon 20 conviction. A municipality shall have a lien for such 21 prosecution fees on all judgments or fines procured by the 22 municipal attorney from prosecutions for violations of The 23 Illinois Vehicle Code and municipal vehicle ordinances or 24 nontraffic ordinances. 25 For the purposes of this subsection (b), "municipal 26 vehicle ordinance" means any ordinance enacted pursuant to 27 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the 28 Illinois Municipal Code or any ordinance enacted by a 29 municipality which is similar to a provision of Chapter 11 of 30 The Illinois Vehicle Code. 31 (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97.) 32 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1) 33 Sec. 4-2002.1. State's attorney fees in counties of SB385 Engrossed -14- LRB9206081TAtm 1 800,0003,000,000or more population. This Section applies 2 only to counties with 800,0003,000,000or more inhabitants. 3 (a) State's attorneys shall be entitled to the following 4 fees: 5 For each conviction in prosecutions on indictments for 6 first degree murder, second degree murder, involuntary 7 manslaughter, criminal sexual assault, aggravated criminal 8 sexual assault, aggravated criminal sexual abuse, kidnapping, 9 arson and forgery, $60. All other cases punishable by 10 imprisonment in the penitentiary, $60. 11 For each conviction in other cases tried before judges of 12 the circuit court, $30; except that if the conviction is in a 13 case which may be assigned to an associate judge, whether or 14 not it is in fact assigned to an associate judge, the fee 15 shall be $20. 16 For preliminary examinations for each defendant held to 17 bail or recognizance, $20. 18 For each examination of a party bound over to keep the 19 peace, $20. 20 For each defendant held to answer in a circuit court on a 21 charge of paternity, $20. 22 For each trial on a charge of paternity, $60. 23 For each case of appeal taken from his county or from the 24 county to which a change of venue is taken to his county to 25 the Supreme or Appellate Court when prosecuted or defended by 26 him, $100. 27 For each day actually employed in the trial of a case, 28 $50; in which case the court before whom the case is tried 29 shall make an order specifying the number of days for which a 30 per diem shall be allowed. 31 For each day actually employed in the trial of cases of 32 felony arising in their respective counties and taken by 33 change of venue to another county, $50; and the court before 34 whom the case is tried shall make an order specifying the SB385 Engrossed -15- LRB9206081TAtm 1 number of days for which said per diem shall be allowed; and 2 it is hereby made the duty of each State's attorney to 3 prepare and try each case of felony arising when so taken by 4 change of venue. 5 For assisting in a trial of each case on an indictment 6 for felony brought by change of venue to their respective 7 counties, the same fees they would be entitled to if such 8 indictment had been found for an offense committed in his 9 county, and it shall be the duty of the State's attorney of 10 the county to which such cause is taken by change of venue to 11 assist in the trial thereof. 12 For each case of forfeited recognizance where the 13 forfeiture is set aside at the instance of the defense, in 14 addition to the ordinary costs, $20 for each defendant. 15 For each proceeding in a circuit court to inquire into 16 the alleged mental illness of any person, $20 for each 17 defendant. 18 For each proceeding in a circuit court to inquire into 19 the alleged dependency or delinquency of any child, $20. 20 For each day actually employed in the hearing of a case 21 of habeas corpus in which the people are interested, $50. 22 All the foregoing fees shall be taxed as costs to be 23 collected from the defendant, if possible, upon conviction. 24 But in cases of inquiry into the mental illness of any person 25 alleged to be mentally ill, in cases on a charge of paternity 26 and in cases of appeal in the Supreme or Appellate Court, 27 where judgment is in favor of the accused, the fees allowed 28 the State's attorney therein shall be retained out of the 29 fines and forfeitures collected by them in other cases. 30 Ten per cent of all moneys except revenue, collected by 31 them and paid over to the authorities entitled thereto, which 32 per cent together with the fees provided for herein that are 33 not collected from the parties tried or examined, shall be 34 paid out of any fines and forfeited recognizances collected SB385 Engrossed -16- LRB9206081TAtm 1 by them, provided however, that in proceedings to foreclose 2 the lien of delinquent real estate taxes State's attorneys 3 shall receive a fee, to be credited to the earnings of their 4 office, of 10% of the total amount realized from the sale of 5 real estate sold in such proceedings. Such fees shall be paid 6 from the total amount realized from the sale of the real 7 estate sold in such proceedings. 8 State's attorneys shall have a lien for their fees on all 9 judgments for fines or forfeitures procured by them and on 10 moneys except revenue received by them until such fees and 11 earnings are fully paid. 12 No fees shall be charged on more than 10 counts in any 13 one indictment or information on trial and conviction; nor on 14 more than 10 counts against any one defendant on pleas of 15 guilty. 16 The Circuit Court may direct that of all monies received, 17 by restitution or otherwise, which monies are ordered paid to 18 the Department of Public Aid or the Department of Human 19 Services (acting as successor to the Department of Public Aid 20 under the Department of Human Services Act) as a direct 21 result of the efforts of the State's attorney and which 22 payments arise from Civil or Criminal prosecutions involving 23 the Illinois Public Aid Code or the Criminal Code, the 24 following amounts shall be paid quarterly by the Department 25 of Public Aid or the Department of Human Services to the 26 General Corporate Fund of the County in which the prosecution 27 or cause of action took place: 28 (1) where the monies result from child support 29 obligations, not less than 25% of the federal share of 30 the monies received, 31 (2) where the monies result from other than child 32 support obligations, not less than 25% of the State's 33 share of the monies received. 34 (b) A municipality shall be entitled to a $10 SB385 Engrossed -17- LRB9206081TAtm 1 prosecution fee for each conviction for a violation of the 2 Illinois Vehicle Code prosecuted by the municipal attorney 3 pursuant to Section 16-102 of that Code which is tried before 4 a circuit or associate judge and shall be entitled to a $10 5 prosecution fee for each conviction for a violation of a 6 municipal vehicle ordinance prosecuted by the municipal 7 attorney which is tried before a circuit or associate judge. 8 Such fee shall be taxed as costs to be collected from the 9 defendant, if possible, upon conviction. A municipality 10 shall have a lien for such prosecution fees on all judgments 11 or fines procured by the municipal attorney from prosecutions 12 for violations of the Illinois Vehicle Code and municipal 13 vehicle ordinances. 14 For the purposes of this subsection (b), "municipal 15 vehicle ordinance" means any ordinance enacted pursuant to 16 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the 17 Illinois Municipal Code or any ordinance enacted by a 18 municipality which is similar to a provision of Chapter 11 of 19 the Illinois Vehicle Code. 20 (Source: P.A. 89-507, eff. 7-1-97.) 21 (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001) 22 Sec. 4-4001. County Clerks; counties of first and second 23 class. The fees of the county clerk in counties of the first 24 and second class, except when increased by county ordinance 25 pursuant to the provisions of this Section, shall be: 26 For each official copy of any process, file, record or 27 other instrument of and pertaining to his office, 50¢ for 28 each 100 words, and $1 additional for certifying and sealing 29 the same. 30 For filing any paper not herein otherwise provided for, 31 $1, except that no fee shall be charged for filing a 32 Statement of economic interest pursuant to the Illinois 33 Governmental Ethics Act or reports made pursuant to Article 9 SB385 Engrossed -18- LRB9206081TAtm 1 of The Election Code. 2 For issuance of fireworks permits, $2. 3 For issuance of liquor licenses, $5. 4 For filing and recording of the appointment and oath of 5 each public official, $3. 6 For officially certifying and sealing each copy of any 7 process, file, record or other instrument of and pertaining 8 to his office, $1. 9 For swearing any person to an affidavit, $1. 10 For issuing each license in all matters except where the 11 fee for the issuance thereof is otherwise fixed, $4. 12 For issuing each marriage license, the certificate 13 thereof, and for recording the same, including the recording 14 of the parent's or guardian's consent where indicated, $15. 15 For taking and certifying acknowledgments to any 16 instrument, except where herein otherwise provided for, $1. 17 For issuing each certificate of appointment or 18 commission, the fee for which is not otherwise fixed by law, 19 $1. 20 For cancelling tax sale and issuing and sealing 21 certificates of redemption, $3. 22 For issuing order to county treasurer for redemption of 23 forfeited tax, $2. 24 For trying and sealing weights and measures by county 25 standard, together with all actual expenses in connection 26 therewith, $1. 27 For services in case of estrays, $2. 28 The following fees shall be allowed for services 29 attending the sale of land for taxes, and shall be charged as 30 costs against the delinquent property and be collected with 31 the taxes thereon: 32 For services in attending the tax sale and issuing 33 certificate of sale and sealing the same, for each tract or 34 town lot sold, $4. The County Board of any county of the SB385 Engrossed -19- LRB9206081TAtm 1 first or second class may by ordinance authorize the County 2 Clerk to impose an additional $10 charge for issuing each 3 certificate of sale for the sole purpose of defraying the 4 cost of converting the County Clerk's tax extension and 5 redemption system to computers and micrographics and for 6 maintaining this system. The County Board of any county of 7 the first or second class may by ordinance authorize the 8 County Treasurer to establish a special fund for deposit of 9 the additional charge. Moneys in the special fund shall be 10 used solely to provide the equipment, material, and necessary 11 expenses incurred to help defray the cost of implementing and 12 maintaining the tax extension and redemption system. 13 For making list of delinquent lands and town lots sold, 14 to be filed with the Comptroller, for each tract or town lot 15 sold, 10¢. 16The foregoing fees allowed by this Section are the17maximum fees that may be collected from any officer, agency,18department or other instrumentality of the State. The county19board may, however, by ordinance, increase the fees allowed20by this Section and collect such increased fees from all21persons and entities other than officers, agencies,22departments and other instrumentalities of the State if the23increase is justified by an acceptable cost study showing24that the fees allowed by this Section are not sufficient to25cover the cost of providing the service.26A Statement of the costs of providing each service,27program and activity shall be prepared by the county board.28All supporting documents shall be public record and subject29to public examination and audit. All direct and indirect30costs, as defined in the United States Office of Management31and Budget Circular A-87, may be included in the32determination of the costs of each service, program and33activity.34The county clerk in all cases may demand and receive theSB385 Engrossed -20- LRB9206081TAtm 1payment of all fees for services in advance so far as the2same can be ascertained.3 The county board of any county of the first or second 4 class may by ordinance authorize the county clerk to impose 5 an additional $2 charge for certified copies of vital records 6 as defined in Section 1 of the Vital Records Act, for the 7 sole purpose of defraying the cost of converting the county 8 clerk's document storage system for vital records as defined 9 in Section 1 of the Vital Records Act to computers or 10 micrographics, and for maintaining such system. 11 The county board of any county of the first or second 12 class may by ordinance authorize the county treasurer to 13 establish a special fund for deposit of the additional 14 charge. Moneys in the special fund shall be used solely to 15 provide the equipment, material and necessary expenses 16 incurred to help defray the cost of implementing and 17 maintaining such document storage system. 18 The fees allowed by this Section are the maximum fees 19 that may be collected from any officer, agency, department, 20 or other instrumentality of the State. The county board may, 21 however, by ordinance, increase the fees allowed by this 22 Section and collect these increased fees from all persons and 23 entities other than officers, agencies, departments, and 24 other instrumentalities of the State if the increase is 25 justified by an acceptable cost study showing that the fees 26 allowed by this Section are not sufficient to cover the cost 27 of providing the service. 28 A Statement of the costs of providing each service, 29 program, and activity shall be prepared by the county board. 30 All supporting documents shall be public records and subject 31 to public examination and audit. All direct and indirect 32 costs, as defined in the United States Office of Management 33 and Budget Circular A-87, may be included in the 34 determination of the costs of each service, program, and SB385 Engrossed -21- LRB9206081TAtm 1 activity. 2 The county clerk in all cases may demand and receive the 3 payment of all service fees in advance so far as these fees 4 can be ascertained in advance. 5 (Source: P.A. 86-962.) 6 (55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113) 7 Sec. 5-1113. Ordinance and rules to execute powers; 8 limitations on punishments. The county board may pass all 9 ordinances and make all rules and regulations proper or 10 necessary, to carry into effect the powers granted to 11 counties, with such fines or penalties as may be deemed 12 proper except where a specific provision for a fine or 13 penalty is provided by law. No fine or penalty, however, 14 except civil penalties provided for failure to make returns 15 or to pay any taxes levied by the county shall exceed $750 16$500. 17 (Source: P.A. 86-962.) 18 Section 95. No acceleration or delay. Where this Act 19 makes changes in a statute that is represented in this Act 20 by text that is not yet or no longer in effect, the use of 21 that text does not accelerate or delay the taking effect of 22 (i) the changes made by this Act or (ii) provisions derived 23 from any other Public Act. 24 Section 99. Effective date. This Act takes effect on 25 July 1, 2001.