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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
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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:
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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 storage
34 system to computers or micrographics.
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1 A special fund shall be set up by the treasurer of the
2 county and such funds collected pursuant to the preceding
3 paragraph Public Act 83-1321 shall 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 storage
9 system to provide the equipment, materials and necessary
10 expenses incurred to help defray the costs of implementing
11 and 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,
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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
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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 storage
SB385 Engrossed -8- LRB9206081TAtm
1 system 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 paragraph Public Act 83-1321 shall 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 storage
10 system to provide the equipment, materials and necessary
11 expenses incurred to help defray the costs of implementing
12 and 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
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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
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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 800,000 3,000,000 inhabitants.
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
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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
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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
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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
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1 800,000 3,000,000 or more population. This Section applies
2 only to counties with 800,000 3,000,000 or 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
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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
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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
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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
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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
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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¢.
16 The foregoing fees allowed by this Section are the
17 maximum fees that may be collected from any officer, agency,
18 department or other instrumentality of the State. The county
19 board may, however, by ordinance, increase the fees allowed
20 by this Section and collect such increased fees from all
21 persons and entities other than officers, agencies,
22 departments and other instrumentalities of the State if the
23 increase is justified by an acceptable cost study showing
24 that the fees allowed by this Section are not sufficient to
25 cover the cost of providing the service.
26 A Statement of the costs of providing each service,
27 program and activity shall be prepared by the county board.
28 All supporting documents shall be public record and subject
29 to public examination and audit. All direct and indirect
30 costs, as defined in the United States Office of Management
31 and Budget Circular A-87, may be included in the
32 determination of the costs of each service, program and
33 activity.
34 The county clerk in all cases may demand and receive the
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1 payment of all fees for services in advance so far as the
2 same 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
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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.
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