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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
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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
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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 storage
9 system 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 paragraph Public Act 83-1321 shall 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 storage
18 system to provide the equipment, materials and necessary
19 expenses incurred to help defray the costs of implementing
20 and 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
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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 storage
10 system 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 paragraph Public Act 83-1321 shall 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 storage
19 system to provide the equipment, materials and necessary
20 expenses incurred to help defray the costs of implementing
21 and 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
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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 800,000 3,000,000 inhabitants.
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.
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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
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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.
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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
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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
9 800,000 3,000,000 or more population. This Section applies
10 only to counties with 800,000 3,000,000 or 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
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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
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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
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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
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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¢.
25 The foregoing fees allowed by this Section are the
26 maximum fees that may be collected from any officer, agency,
27 department or other instrumentality of the State. The county
28 board may, however, by ordinance, increase the fees allowed
29 by this Section and collect such increased fees from all
30 persons and entities other than officers, agencies,
31 departments and other instrumentalities of the State if the
32 increase is justified by an acceptable cost study showing
33 that the fees allowed by this Section are not sufficient to
34 cover the cost of providing the service.
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1 A Statement of the costs of providing each service,
2 program and activity shall be prepared by the county board.
3 All supporting documents shall be public record and subject
4 to public examination and audit. All direct and indirect
5 costs, as defined in the United States Office of Management
6 and Budget Circular A-87, may be included in the
7 determination of the costs of each service, program and
8 activity.
9 The county clerk in all cases may demand and receive the
10 payment of all fees for services in advance so far as the
11 same 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
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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.
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1 Section 99. Effective date. This Act takes effect on
2 July 1, 2001.".