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92_SB0385sam001 LRB9206081TApram 1 AMENDMENT TO SENATE BILL 385 2 AMENDMENT NO. . Amend Senate Bill 385 by replacing 3 everything after the enacting clause with the following: 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 -2- LRB9206081TApram 1 noted. The aggregate minimum fee for recording any one 2 instrument shall not be less than $12. 3 For recording deeds or other instruments wherein the 4 premises affected thereby are referred to by document number 5 and not by legal description a fee of $1 in addition to that 6 hereinabove referred to for each document number therein 7 noted. 8 For recording assignments of mortgages, leases or liens 9 $12 for the first 4 pages thereof, plus $1 for each 10 additional page thereof. However, except for leases and 11 liens pertaining to oil, gas and other minerals, whenever a 12 mortgage, lease or lien assignment assigns more than one 13 mortgage, lease or lien document, a $7 fee shall be charged 14 for the recording of each such mortgage, lease or lien 15 document after the first one. 16 For recording maps or plats of additions or subdivisions 17 approved by the county or municipality (including the 18 spreading of the same of record in map case or other proper 19 books) or plats of condominiums $50 for the first page, plus 20 $1 for each additional page thereof except that in the case 21 of recording a single page, legal size 8 1/2 x 14, plat of 22 survey in which there are no more than two lots or parcels of 23 land, the fee shall be $12. In each county where such maps 24 or plats are to be recorded, the recorder may require the 25 same to be accompanied by such number of exact, true and 26 legible copies thereof as the recorder deems necessary for 27 the efficient conduct and operation of his office. 28 For certified copies of records the same fees as for 29 recording, but in no case shall the fee for a certified copy 30 of a map or plat of an addition, subdivision or otherwise 31 exceed $10. 32 Each certificate of such recorder of the recording of the 33 deed or other writing and of the date of recording the same 34 signed by such recorder, shall be sufficient evidence of the -3- LRB9206081TApram 1 recording thereof, and such certificate including the 2 indexing of record, shall be furnished upon the payment of 3 the fee for recording the instrument, and no additional fee 4 shall be allowed for the certificate or indexing. 5 The recorder shall charge an additional fee, in an amount 6 equal to the fee otherwise provided by law, for recording a 7 document (other than a document filed under the Plat Act or 8 the Uniform Commercial Code) that does not conform to the 9 following standards: 10 (1) The document shall consist of one or more 11 individual sheets measuring 8.5 inches by 11 inches, not 12 permanently bound and not a continuous form. Graphic 13 displays accompanying a document to be recorded that 14 measure up to 11 inches by 17 inches shall be recorded 15 without charging an additional fee. 16 (2) The document shall be legibly printed in black 17 ink, by hand, type, or computer. Signatures and dates 18 may be in contrasting colors if they will reproduce 19 clearly. 20 (3) The document shall be on white paper of not 21 less than 20-pound weight and shall have a clean margin 22 of at least one-half inch on the top, the bottom, and 23 each side. Margins may be used for non-essential 24 notations that will not affect the validity of the 25 document, including but not limited to form numbers, page 26 numbers, and customer notations. 27 (4) The first page of the document shall contain a 28 blank space, measuring at least 3 inches by 5 inches, 29 from the upper right corner. 30 (5) The document shall not have any attachment 31 stapled or otherwise affixed to any page. 32 A document that does not conform to these standards shall not 33 be recorded except upon payment of the additional fee 34 required under this paragraph. This paragraph, as amended by -4- LRB9206081TApram 1 this amendatory Act of 1995, applies only to documents dated 2 after the effective date of this amendatory Act of 1995. 3 The county board of any county may provide for an 4 additional charge of $3 for filing every instrument, paper, 5 or notice for record, in order to defray the cost of the 6 county recorder's operations relating to computer, 7 micrographics, or any other means of automation of books and 8 records.converting the county recorder's document storage9system to computers or micrographics.10 A special fund shall be set up by the treasurer of the 11 county and such funds collected pursuant to the preceding 12 paragraphPublic Act 83-1321shall be used solely for the 13 costs and necessary expenses incurred by a county recorder to 14 implement and maintain the automation of books and records by 15 computer, micrographics, or any other means, including but 16 not limited to electronic interface allowing public access to 17 these records over the World Wide Web.a document storage18system to provide the equipment, materials and necessary19expenses incurred to help defray the costs of implementing20and maintaining such a document records system.21 The county board of any county that provides and 22 maintains a countywide map through a Geographic Information 23 System (GIS) may provide for an additional charge of $3 for 24 filing every instrument, paper, or notice for record in order 25 to defray the cost of implementing or maintaining the 26 county's Geographic Information System. Of that amount, $2 27 must be deposited into a special fund set up by the treasurer 28 of the county, and any moneys collected pursuant to this 29 amendatory Act of the 91st General Assembly and deposited 30 into that fund must be used solely for the equipment, 31 materials, and necessary expenses incurred in implementing 32 and maintaining a Geographic Information System. The 33 remaining $1 must be deposited into the recorder's special 34 funds created under Section 3-5005.4. The recorder may, in -5- LRB9206081TApram 1 his or her discretion, use moneys in the funds created under 2 Section 3-5005.4 to defray the cost of implementing or 3 maintaining the county's Geographic Information System. 4 The foregoing fees allowed by this Section are the 5 maximum fees that may be collected from any officer, agency, 6 department or other instrumentality of the State. The county 7 board may, however, by ordinance, increase the fees allowed 8 by this Section and collect such increased fees from all 9 persons and entities other than officers, agencies, 10 departments and other instrumentalities of the State if the 11 increase is justified by an acceptable cost study showing 12 that the fees allowed by this Section are not sufficient to 13 cover the cost of providing the service. 14 A statement of the costs of providing each service, 15 program and activity shall be prepared by the county board. 16 All supporting documents shall be public record and subject 17 to public examination and audit. All direct and indirect 18 costs, as defined in the United States Office of Management 19 and Budget Circular A-87, may be included in the 20 determination of the costs of each service, program and 21 activity. 22 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 23 91-886, eff. 1-1-01.) 24 (Text of Section after amendment by P.A. 91-893) 25 Sec. 3-5018. Fees. The recorder elected as provided for 26 in this Division shall receive such fees as are or may be 27 provided for him by law, in case of provision therefor: 28 otherwise he shall receive the same fees as are or may be 29 provided in this Section, except when increased by county 30 ordinance pursuant to the provisions of this Section, to be 31 paid to the county clerk for his services in the office of 32 recorder for like services. 33 For recording deeds or other instruments $12 for the 34 first 4 pages thereof, plus $1 for each additional page -6- LRB9206081TApram 1 thereof, plus $1 for each additional document number therein 2 noted. The aggregate minimum fee for recording any one 3 instrument shall not be less than $12. 4 For recording deeds or other instruments wherein the 5 premises affected thereby are referred to by document number 6 and not by legal description a fee of $1 in addition to that 7 hereinabove referred to for each document number therein 8 noted. 9 For recording assignments of mortgages, leases or liens 10 $12 for the first 4 pages thereof, plus $1 for each 11 additional page thereof. However, except for leases and 12 liens pertaining to oil, gas and other minerals, whenever a 13 mortgage, lease or lien assignment assigns more than one 14 mortgage, lease or lien document, a $7 fee shall be charged 15 for the recording of each such mortgage, lease or lien 16 document after the first one. 17 For recording maps or plats of additions or subdivisions 18 approved by the county or municipality (including the 19 spreading of the same of record in map case or other proper 20 books) or plats of condominiums $50 for the first page, plus 21 $1 for each additional page thereof except that in the case 22 of recording a single page, legal size 8 1/2 x 14, plat of 23 survey in which there are no more than two lots or parcels of 24 land, the fee shall be $12. In each county where such maps 25 or plats are to be recorded, the recorder may require the 26 same to be accompanied by such number of exact, true and 27 legible copies thereof as the recorder deems necessary for 28 the efficient conduct and operation of his office. 29 For certified copies of records the same fees as for 30 recording, but in no case shall the fee for a certified copy 31 of a map or plat of an addition, subdivision or otherwise 32 exceed $10. 33 Each certificate of such recorder of the recording of the 34 deed or other writing and of the date of recording the same -7- LRB9206081TApram 1 signed by such recorder, shall be sufficient evidence of the 2 recording thereof, and such certificate including the 3 indexing of record, shall be furnished upon the payment of 4 the fee for recording the instrument, and no additional fee 5 shall be allowed for the certificate or indexing. 6 The recorder shall charge an additional fee, in an amount 7 equal to the fee otherwise provided by law, for recording a 8 document (other than a document filed under the Plat Act or 9 the Uniform Commercial Code) that does not conform to the 10 following standards: 11 (1) The document shall consist of one or more 12 individual sheets measuring 8.5 inches by 11 inches, not 13 permanently bound and not a continuous form. Graphic 14 displays accompanying a document to be recorded that 15 measure up to 11 inches by 17 inches shall be recorded 16 without charging an additional fee. 17 (2) The document shall be legibly printed in black 18 ink, by hand, type, or computer. Signatures and dates 19 may be in contrasting colors if they will reproduce 20 clearly. 21 (3) The document shall be on white paper of not 22 less than 20-pound weight and shall have a clean margin 23 of at least one-half inch on the top, the bottom, and 24 each side. Margins may be used for non-essential 25 notations that will not affect the validity of the 26 document, including but not limited to form numbers, page 27 numbers, and customer notations. 28 (4) The first page of the document shall contain a 29 blank space, measuring at least 3 inches by 5 inches, 30 from the upper right corner. 31 (5) The document shall not have any attachment 32 stapled or otherwise affixed to any page. 33 A document that does not conform to these standards shall not 34 be recorded except upon payment of the additional fee -8- LRB9206081TApram 1 required under this paragraph. This paragraph, as amended by 2 this amendatory Act of 1995, applies only to documents dated 3 after the effective date of this amendatory Act of 1995. 4 The county board of any county may provide for an 5 additional charge of $3 for filing every instrument, paper, 6 or notice for record, in order to defray the cost of the 7 county recorder's operations relating to computer, 8 micrographics, or any other means of automation of books and 9 records.converting the county recorder's document storage10system to computers or micrographics.11 A special fund shall be set up by the treasurer of the 12 county and such funds collected pursuant to the preceding 13 paragraphPublic Act 83-1321shall be used solely for the 14 costs and necessary expenses incurred by a county recorder to 15 implement and maintain the automation of books and records by 16 computer, micrographics, or any other means, including but 17 not limited to electronic interface allowing public access to 18 these records over the World Wide Web.a document storage19system to provide the equipment, materials and necessary20expenses incurred to help defray the costs of implementing21and maintaining such a document records system.22 The county board of any county that provides and 23 maintains a countywide map through a Geographic Information 24 System (GIS) may provide for an additional charge of $3 for 25 filing every instrument, paper, or notice for record in order 26 to defray the cost of implementing or maintaining the 27 county's Geographic Information System. Of that amount, $2 28 must be deposited into a special fund set up by the treasurer 29 of the county, and any moneys collected pursuant to this 30 amendatory Act of the 91st General Assembly and deposited 31 into that fund must be used solely for the equipment, 32 materials, and necessary expenses incurred in implementing 33 and maintaining a Geographic Information System. The 34 remaining $1 must be deposited into the recorder's special -9- LRB9206081TApram 1 funds created under Section 3-5005.4. The recorder may, in 2 his or her discretion, use moneys in the funds created under 3 Section 3-5005.4 to defray the cost of implementing or 4 maintaining the county's Geographic Information System. 5 The foregoing fees allowed by this Section are the 6 maximum fees that may be collected from any officer, agency, 7 department or other instrumentality of the State. The county 8 board may, however, by ordinance, increase the fees allowed 9 by this Section and collect such increased fees from all 10 persons and entities other than officers, agencies, 11 departments and other instrumentalities of the State if the 12 increase is justified by an acceptable cost study showing 13 that the fees allowed by this Section are not sufficient to 14 cover the cost of providing the service. 15 A statement of the costs of providing each service, 16 program and activity shall be prepared by the county board. 17 All supporting documents shall be public record and subject 18 to public examination and audit. All direct and indirect 19 costs, as defined in the United States Office of Management 20 and Budget Circular A-87, may be included in the 21 determination of the costs of each service, program and 22 activity. 23 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 24 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.) 25 (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036) 26 Sec. 3-5036. Records open to inspection. All records, 27 indices, abstract and other books kept in the office of any 28 recorder, and all instruments filed therein and all 29 instruments deposited or left for recordation therein shall, 30 during the office hours, be open for public inspection and 31 examination; and all persons shall have free access for 32 inspection and examination to such records, indices, books 33 and instruments, which the recorders shall be bound to -10- LRB9206081TApram 1 exhibit to those who wish to inspect or examine the same; and 2 all persons shall have the right to take memoranda and 3 abstracts thereof without fee or reward. This Section is 4 subject to the provisions of "The Local Records Act". 5 Records, indices, abstracts, and other books kept in the 6 office of the recorder, and all instruments filed, deposited, 7 or left there for recordation, may be made available on a Web 8 site maintained by the county recorder on the World Wide Web. 9 Making records available on the World Wide Web does not alter 10 or satisfy any duties of the county recorder to keep, 11 maintain, or otherwise make available records of the office 12 as required by law. A reasonable fee may be assessed against 13 any person who may access or copy records from a World Wide 14 Web site maintained by the county recorder. 15 (Source: P.A. 86-962.) 16 (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002) 17 Sec. 4-2002. State's attorney fees in counties under 18 3,000,000 population. This Section applies only to counties 19 with fewer than 800,0003,000,000inhabitants. 20 (a) State's attorneys shall be entitled to the following 21 fees, however, the fee requirement of this subsection does 22 not apply to county boards: 23 For each conviction in prosecutions on indictments for 24 first degree murder, second degree murder, involuntary 25 manslaughter, criminal sexual assault, aggravated criminal 26 sexual assault, aggravated criminal sexual abuse, kidnapping, 27 arson and forgery, $30. All other cases punishable by 28 imprisonment in the penitentiary, $30. 29 For each conviction in other cases tried before judges of 30 the circuit court, $15; except that if the conviction is in a 31 case which may be assigned to an associate judge, whether or 32 not it is in fact assigned to an associate judge, the fee 33 shall be $10. -11- LRB9206081TApram 1 For preliminary examinations for each defendant held to 2 bail or recognizance, $10. 3 For each examination of a party bound over to keep the 4 peace, $10. 5 For each defendant held to answer in a circuit court on a 6 charge of paternity, $10. 7 For each trial on a charge of paternity, $30. 8 For each case of appeal taken from his county or from the 9 county to which a change of venue is taken to his county to 10 the Supreme or Appellate Court when prosecuted or defended by 11 him, $50. 12 For each day actually employed in the trial of a case, 13 $25; in which case the court before whom the case is tried 14 shall make an order specifying the number of days for which a 15 per diem shall be allowed. 16 For each day actually employed in the trial of cases of 17 felony arising in their respective counties and taken by 18 change of venue to another county, $25; and the court before 19 whom the case is tried shall make an order specifying the 20 number of days for which said per diem shall be allowed; and 21 it is hereby made the duty of each State's attorney to 22 prepare and try each case of felony arising when so taken by 23 change of venue. 24 For assisting in a trial of each case on an indictment 25 for felony brought by change of venue to their respective 26 counties, the same fees they would be entitled to if such 27 indictment had been found for an offense committed in his 28 county, and it shall be the duty of the State's attorney of 29 the county to which such cause is taken by change of venue to 30 assist in the trial thereof. 31 For each case of forfeited recognizance where the 32 forfeiture is set aside at the instance of the defense, in 33 addition to the ordinary costs, $10 for each defendant. 34 For each proceeding in a circuit court to inquire into -12- LRB9206081TApram 1 the alleged mental illness of any person, $10 for each 2 defendant. 3 For each proceeding in a circuit court to inquire into 4 the alleged dependency or delinquency of any child, $10. 5 For each day actually employed in the hearing of a case 6 of habeas corpus in which the people are interested, $25. 7 All the foregoing fees shall be taxed as costs to be 8 collected from the defendant, if possible, upon conviction. 9 But in cases of inquiry into the mental illness of any person 10 alleged to be mentally ill, in cases on a charge of paternity 11 and in cases of appeal in the Supreme or Appellate Court, 12 where judgment is in favor of the accused, the fees allowed 13 the State's attorney therein shall be retained out of the 14 fines and forfeitures collected by them in other cases. 15 Ten per cent of all moneys except revenue, collected by 16 them and paid over to the authorities entitled thereto, which 17 per cent together with the fees provided for herein that are 18 not collected from the parties tried or examined, shall be 19 paid out of any fines and forfeited recognizances collected 20 by them, provided however, that in proceedings to foreclose 21 the lien of delinquent real estate taxes State's attorneys 22 shall receive a fee, to be credited to the earnings of their 23 office, of 10% of the total amount realized from the sale of 24 real estate sold in such proceedings. Such fees shall be 25 paid from the total amount realized from the sale of the real 26 estate sold in such proceedings. 27 State's attorneys shall have a lien for their fees on all 28 judgments for fines or forfeitures procured by them and on 29 moneys except revenue received by them until such fees and 30 earnings are fully paid. 31 No fees shall be charged on more than 10 counts in any 32 one indictment or information on trial and conviction; nor on 33 more than 10 counts against any one defendant on pleas of 34 guilty. -13- LRB9206081TApram 1 The Circuit Court may direct that of all monies received, 2 by restitution or otherwise, which monies are ordered paid to 3 the Department of Public Aid or the Department of Human 4 Services (acting as successor to the Department of Public Aid 5 under the Department of Human Services Act) as a direct 6 result of the efforts of the State's attorney and which 7 payments arise from Civil or Criminal prosecutions involving 8 the Illinois Public Aid Code or the Criminal Code, the 9 following amounts shall be paid quarterly by the Department 10 of Public Aid or the Department of Human Services to the 11 General Corporate Fund of the County in which the prosecution 12 or cause of action took place: 13 (1) where the monies result from child support 14 obligations, not more than 25% of the federal share of 15 the monies received, 16 (2) where the monies result from other than child 17 support obligations, not more than 25% of the State's 18 share of the monies received. 19 (b) A municipality shall be entitled to a $10 20 prosecution fee for each conviction for a violation of The 21 Illinois Vehicle Code prosecuted by the municipal attorney 22 pursuant to Section 16-102 of that Code which is tried before 23 a circuit or associate judge and shall be entitled to a $10 24 prosecution fee for each conviction for a violation of a 25 municipal vehicle ordinance or nontraffic ordinance 26 prosecuted by the municipal attorney which is tried before a 27 circuit or associate judge. Such fee shall be taxed as costs 28 to be collected from the defendant, if possible, upon 29 conviction. A municipality shall have a lien for such 30 prosecution fees on all judgments or fines procured by the 31 municipal attorney from prosecutions for violations of The 32 Illinois Vehicle Code and municipal vehicle ordinances or 33 nontraffic ordinances. 34 For the purposes of this subsection (b), "municipal -14- LRB9206081TApram 1 vehicle ordinance" means any ordinance enacted pursuant to 2 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the 3 Illinois Municipal Code or any ordinance enacted by a 4 municipality which is similar to a provision of Chapter 11 of 5 The Illinois Vehicle Code. 6 (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97.) 7 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1) 8 Sec. 4-2002.1. State's attorney fees in counties of 9 800,0003,000,000or more population. This Section applies 10 only to counties with 800,0003,000,000or more inhabitants. 11 (a) State's attorneys shall be entitled to the following 12 fees: 13 For each conviction in prosecutions on indictments for 14 first degree murder, second degree murder, involuntary 15 manslaughter, criminal sexual assault, aggravated criminal 16 sexual assault, aggravated criminal sexual abuse, kidnapping, 17 arson and forgery, $60. All other cases punishable by 18 imprisonment in the penitentiary, $60. 19 For each conviction in other cases tried before judges of 20 the circuit court, $30; except that if the conviction is in a 21 case which may be assigned to an associate judge, whether or 22 not it is in fact assigned to an associate judge, the fee 23 shall be $20. 24 For preliminary examinations for each defendant held to 25 bail or recognizance, $20. 26 For each examination of a party bound over to keep the 27 peace, $20. 28 For each defendant held to answer in a circuit court on a 29 charge of paternity, $20. 30 For each trial on a charge of paternity, $60. 31 For each case of appeal taken from his county or from the 32 county to which a change of venue is taken to his county to 33 the Supreme or Appellate Court when prosecuted or defended by -15- LRB9206081TApram 1 him, $100. 2 For each day actually employed in the trial of a case, 3 $50; in which case the court before whom the case is tried 4 shall make an order specifying the number of days for which a 5 per diem shall be allowed. 6 For each day actually employed in the trial of cases of 7 felony arising in their respective counties and taken by 8 change of venue to another county, $50; and the court before 9 whom the case is tried shall make an order specifying the 10 number of days for which said per diem shall be allowed; and 11 it is hereby made the duty of each State's attorney to 12 prepare and try each case of felony arising when so taken by 13 change of venue. 14 For assisting in a trial of each case on an indictment 15 for felony brought by change of venue to their respective 16 counties, the same fees they would be entitled to if such 17 indictment had been found for an offense committed in his 18 county, and it shall be the duty of the State's attorney of 19 the county to which such cause is taken by change of venue to 20 assist in the trial thereof. 21 For each case of forfeited recognizance where the 22 forfeiture is set aside at the instance of the defense, in 23 addition to the ordinary costs, $20 for each defendant. 24 For each proceeding in a circuit court to inquire into 25 the alleged mental illness of any person, $20 for each 26 defendant. 27 For each proceeding in a circuit court to inquire into 28 the alleged dependency or delinquency of any child, $20. 29 For each day actually employed in the hearing of a case 30 of habeas corpus in which the people are interested, $50. 31 All the foregoing fees shall be taxed as costs to be 32 collected from the defendant, if possible, upon conviction. 33 But in cases of inquiry into the mental illness of any person 34 alleged to be mentally ill, in cases on a charge of paternity -16- LRB9206081TApram 1 and in cases of appeal in the Supreme or Appellate Court, 2 where judgment is in favor of the accused, the fees allowed 3 the State's attorney therein shall be retained out of the 4 fines and forfeitures collected by them in other cases. 5 Ten per cent of all moneys except revenue, collected by 6 them and paid over to the authorities entitled thereto, which 7 per cent together with the fees provided for herein that are 8 not collected from the parties tried or examined, shall be 9 paid out of any fines and forfeited recognizances collected 10 by them, provided however, that in proceedings to foreclose 11 the lien of delinquent real estate taxes State's attorneys 12 shall receive a fee, to be credited to the earnings of their 13 office, of 10% of the total amount realized from the sale of 14 real estate sold in such proceedings. Such fees shall be paid 15 from the total amount realized from the sale of the real 16 estate sold in such proceedings. 17 State's attorneys shall have a lien for their fees on all 18 judgments for fines or forfeitures procured by them and on 19 moneys except revenue received by them until such fees and 20 earnings are fully paid. 21 No fees shall be charged on more than 10 counts in any 22 one indictment or information on trial and conviction; nor on 23 more than 10 counts against any one defendant on pleas of 24 guilty. 25 The Circuit Court may direct that of all monies received, 26 by restitution or otherwise, which monies are ordered paid to 27 the Department of Public Aid or the Department of Human 28 Services (acting as successor to the Department of Public Aid 29 under the Department of Human Services Act) as a direct 30 result of the efforts of the State's attorney and which 31 payments arise from Civil or Criminal prosecutions involving 32 the Illinois Public Aid Code or the Criminal Code, the 33 following amounts shall be paid quarterly by the Department 34 of Public Aid or the Department of Human Services to the -17- LRB9206081TApram 1 General Corporate Fund of the County in which the prosecution 2 or cause of action took place: 3 (1) where the monies result from child support 4 obligations, not less than 25% of the federal share of 5 the monies received, 6 (2) where the monies result from other than child 7 support obligations, not less than 25% of the State's 8 share of the monies received. 9 (b) A municipality shall be entitled to a $10 10 prosecution fee for each conviction for a violation of the 11 Illinois Vehicle Code prosecuted by the municipal attorney 12 pursuant to Section 16-102 of that Code which is tried before 13 a circuit or associate judge and shall be entitled to a $10 14 prosecution fee for each conviction for a violation of a 15 municipal vehicle ordinance prosecuted by the municipal 16 attorney which is tried before a circuit or associate judge. 17 Such fee shall be taxed as costs to be collected from the 18 defendant, if possible, upon conviction. A municipality 19 shall have a lien for such prosecution fees on all judgments 20 or fines procured by the municipal attorney from prosecutions 21 for violations of the Illinois Vehicle Code and municipal 22 vehicle ordinances. 23 For the purposes of this subsection (b), "municipal 24 vehicle ordinance" means any ordinance enacted pursuant to 25 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the 26 Illinois Municipal Code or any ordinance enacted by a 27 municipality which is similar to a provision of Chapter 11 of 28 the Illinois Vehicle Code. 29 (Source: P.A. 89-507, eff. 7-1-97.) 30 (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001) 31 Sec. 4-4001. County Clerks; counties of first and second 32 class. The fees of the county clerk in counties of the first 33 and second class, except when increased by county ordinance -18- LRB9206081TApram 1 pursuant to the provisions of this Section, shall be: 2 For each official copy of any process, file, record or 3 other instrument of and pertaining to his office, 50¢ for 4 each 100 words, and $1 additional for certifying and sealing 5 the same. 6 For filing any paper not herein otherwise provided for, 7 $1, except that no fee shall be charged for filing a 8 Statement of economic interest pursuant to the Illinois 9 Governmental Ethics Act or reports made pursuant to Article 9 10 of The Election Code. 11 For issuance of fireworks permits, $2. 12 For issuance of liquor licenses, $5. 13 For filing and recording of the appointment and oath of 14 each public official, $3. 15 For officially certifying and sealing each copy of any 16 process, file, record or other instrument of and pertaining 17 to his office, $1. 18 For swearing any person to an affidavit, $1. 19 For issuing each license in all matters except where the 20 fee for the issuance thereof is otherwise fixed, $4. 21 For issuing each marriage license, the certificate 22 thereof, and for recording the same, including the recording 23 of the parent's or guardian's consent where indicated, $15. 24 For taking and certifying acknowledgments to any 25 instrument, except where herein otherwise provided for, $1. 26 For issuing each certificate of appointment or 27 commission, the fee for which is not otherwise fixed by law, 28 $1. 29 For cancelling tax sale and issuing and sealing 30 certificates of redemption, $3. 31 For issuing order to county treasurer for redemption of 32 forfeited tax, $2. 33 For trying and sealing weights and measures by county 34 standard, together with all actual expenses in connection -19- LRB9206081TApram 1 therewith, $1. 2 For services in case of estrays, $2. 3 The following fees shall be allowed for services 4 attending the sale of land for taxes, and shall be charged as 5 costs against the delinquent property and be collected with 6 the taxes thereon: 7 For services in attending the tax sale and issuing 8 certificate of sale and sealing the same, for each tract or 9 town lot sold, $4. The County Board of any county of the 10 first or second class may by ordinance authorize the County 11 Clerk to impose an additional $10 charge for issuing each 12 certificate of sale for the sole purpose of defraying the 13 cost of converting the County Clerk's tax extension and 14 redemption system to computers and micrographics and for 15 maintaining this system. The County Board of any county of 16 the first or second class may by ordinance authorize the 17 County Treasurer to establish a special fund for deposit of 18 the additional charge. Moneys in the special fund shall be 19 used solely to provide the equipment, material, and necessary 20 expenses incurred to help defray the cost of implementing and 21 maintaining the tax extension and redemption system. 22 For making list of delinquent lands and town lots sold, 23 to be filed with the Comptroller, for each tract or town lot 24 sold, 10¢. 25The foregoing fees allowed by this Section are the26maximum fees that may be collected from any officer, agency,27department or other instrumentality of the State. The county28board may, however, by ordinance, increase the fees allowed29by this Section and collect such increased fees from all30persons and entities other than officers, agencies,31departments and other instrumentalities of the State if the32increase is justified by an acceptable cost study showing33that the fees allowed by this Section are not sufficient to34cover the cost of providing the service.-20- LRB9206081TApram 1A Statement of the costs of providing each service,2program and activity shall be prepared by the county board.3All supporting documents shall be public record and subject4to public examination and audit. All direct and indirect5costs, as defined in the United States Office of Management6and Budget Circular A-87, may be included in the7determination of the costs of each service, program and8activity.9The county clerk in all cases may demand and receive the10payment of all fees for services in advance so far as the11same can be ascertained.12 The county board of any county of the first or second 13 class may by ordinance authorize the county clerk to impose 14 an additional $2 charge for certified copies of vital records 15 as defined in Section 1 of the Vital Records Act, for the 16 sole purpose of defraying the cost of converting the county 17 clerk's document storage system for vital records as defined 18 in Section 1 of the Vital Records Act to computers or 19 micrographics, and for maintaining such system. 20 The county board of any county of the first or second 21 class may by ordinance authorize the county treasurer to 22 establish a special fund for deposit of the additional 23 charge. Moneys in the special fund shall be used solely to 24 provide the equipment, material and necessary expenses 25 incurred to help defray the cost of implementing and 26 maintaining such document storage system. 27 The fees allowed by this Section are the maximum fees 28 that may be collected from any officer, agency, department, 29 or other instrumentality of the State. The county board may, 30 however, by ordinance, increase the fees allowed by this 31 Section and collect these increased fees from all persons and 32 entities other than officers, agencies, departments, and 33 other instrumentalities of the State if the increase is 34 justified by an acceptable cost study showing that the fees -21- LRB9206081TApram 1 allowed by this Section are not sufficient to cover the cost 2 of providing the service. 3 A Statement of the costs of providing each service, 4 program, and activity shall be prepared by the county board. 5 All supporting documents shall be public records and subject 6 to public examination and audit. All direct and indirect 7 costs, as defined in the United States Office of Management 8 and Budget Circular A-87, may be included in the 9 determination of the costs of each service, program, and 10 activity. 11 The county clerk in all cases may demand and receive the 12 payment of all service fees in advance so far as these fees 13 can be ascertained in advance. 14 (Source: P.A. 86-962.) 15 (55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113) 16 Sec. 5-1113. Ordinance and rules to execute powers; 17 limitations on punishments. The county board may pass all 18 ordinances and make all rules and regulations proper or 19 necessary, to carry into effect the powers granted to 20 counties, with such fines or penalties as may be deemed 21 proper except where a specific provision for a fine or 22 penalty is provided by law. No fine or penalty, however, 23 except civil penalties provided for failure to make returns 24 or to pay any taxes levied by the county shall exceed $750 25$500. 26 (Source: P.A. 86-962.) 27 Section 95. No acceleration or delay. Where this Act 28 makes changes in a statute that is represented in this Act 29 by text that is not yet or no longer in effect, the use of 30 that text does not accelerate or delay the taking effect of 31 (i) the changes made by this Act or (ii) provisions derived 32 from any other Public Act. -22- LRB9206081TApram 1 Section 99. Effective date. This Act takes effect on 2 July 1, 2001.".