State of Illinois
92nd General Assembly
Legislation

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92_SB0385eng

 
SB385 Engrossed                                LRB9206081TAtm

 1        AN ACT concerning counties.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Counties  Code  is amended by changing
 5    Sections 3-5018, 3-5036, 4-2002, 4-2002.1, 4-4001, and 5-1113
 6    as follows:

 7        (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
 8        (Text of Section before amendment by P.A. 91-893)
 9        Sec. 3-5018.  Fees.  The recorder elected as provided for
10    in this Division shall receive such fees as  are  or  may  be
11    provided  for  him  by  law,  in  case of provision therefor:
12    otherwise he shall receive the same fees as  are  or  may  be
13    provided  in  this  Section,  except when increased by county
14    ordinance pursuant to the provisions of this Section,  to  be
15    paid  to  the  county clerk for his services in the office of
16    recorder for like services.  No filing fee shall  be  charged
17    for providing informational copies of financing statements to
18    the  recorder  pursuant to subsection (8) of Section 9-403 of
19    the Uniform Commercial Code.
20        For recording deeds or  other  instruments  $12  for  the
21    first  4  pages  thereof,  plus  $1  for each additional page
22    thereof, plus $1 for each additional document number  therein
23    noted.   The  aggregate  minimum  fee  for  recording any one
24    instrument shall not be less than $12.
25        For recording deeds  or  other  instruments  wherein  the
26    premises  affected thereby are referred to by document number
27    and not by legal description a fee of $1 in addition to  that
28    hereinabove  referred  to  for  each  document number therein
29    noted.
30        For recording assignments of mortgages, leases  or  liens
31    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
 
SB385 Engrossed             -2-                LRB9206081TAtm
 1    additional  page  thereof.   However,  except  for leases and
 2    liens pertaining to oil, gas and other minerals,  whenever  a
 3    mortgage,  lease  or  lien  assignment  assigns more than one
 4    mortgage, lease or lien document, a $7 fee shall  be  charged
 5    for  the  recording  of  each  such  mortgage,  lease or lien
 6    document after the first one.
 7        For recording maps or plats of additions or  subdivisions
 8    approved   by  the  county  or  municipality  (including  the
 9    spreading of the same of record in map case or  other  proper
10    books)  or plats of condominiums $50 for the first page, plus
11    $1 for each additional page thereof except that in  the  case
12    of  recording  a  single page, legal size 8 1/2 x 14, plat of
13    survey in which there are no more than two lots or parcels of
14    land, the fee shall be $12.  In each county where  such  maps
15    or  plats  are  to  be recorded, the recorder may require the
16    same to be accompanied by such  number  of  exact,  true  and
17    legible  copies  thereof  as the recorder deems necessary for
18    the efficient conduct and operation of his office.
19        For certified copies of records  the  same  fees  as  for
20    recording,  but in no case shall the fee for a certified copy
21    of a map or plat of an  addition,  subdivision  or  otherwise
22    exceed $10.
23        Each certificate of such recorder of the recording of the
24    deed  or  other writing and of the date of recording the same
25    signed by such recorder, shall be sufficient evidence of  the
26    recording   thereof,   and  such  certificate  including  the
27    indexing of record, shall be furnished upon  the  payment  of
28    the  fee  for recording the instrument, and no additional fee
29    shall be allowed for the certificate or indexing.
30        The recorder shall charge an additional fee, in an amount
31    equal to the fee otherwise provided by law, for  recording  a
32    document  (other  than a document filed under the Plat Act or
33    the Uniform Commercial Code) that does  not  conform  to  the
34    following standards:
 
SB385 Engrossed             -3-                LRB9206081TAtm
 1             (1)  The  document  shall  consist  of  one  or more
 2        individual sheets measuring 8.5 inches by 11 inches,  not
 3        permanently  bound  and  not  a continuous form.  Graphic
 4        displays accompanying a  document  to  be  recorded  that
 5        measure  up  to  11 inches by 17 inches shall be recorded
 6        without charging an additional fee.
 7             (2)  The document shall be legibly printed in  black
 8        ink,  by  hand,  type, or computer.  Signatures and dates
 9        may be in  contrasting  colors  if  they  will  reproduce
10        clearly.
11             (3)  The  document  shall  be  on white paper of not
12        less than 20-pound weight and shall have a  clean  margin
13        of  at  least  one-half  inch on the top, the bottom, and
14        each  side.   Margins  may  be  used  for   non-essential
15        notations  that  will  not  affect  the  validity  of the
16        document, including but not limited to form numbers, page
17        numbers, and customer notations.
18             (4)  The first page of the document shall contain  a
19        blank  space,  measuring  at  least 3 inches by 5 inches,
20        from the upper right corner.
21             (5)  The document  shall  not  have  any  attachment
22        stapled or otherwise affixed to any page.
23    A document that does not conform to these standards shall not
24    be  recorded  except  upon  payment  of  the  additional  fee
25    required under this paragraph.  This paragraph, as amended by
26    this  amendatory Act of 1995, applies only to documents dated
27    after the effective date of this amendatory Act of 1995.
28        The county  board  of  any  county  may  provide  for  an
29    additional  charge  of $3 for filing every instrument, paper,
30    or notice for record, in order to  defray  the  cost  of  the
31    county    recorder's   operations   relating   to   computer,
32    micrographics, or any other means of automation of books  and
33    records.  converting  the  county recorder's document storage
34    system to computers or micrographics.
 
SB385 Engrossed             -4-                LRB9206081TAtm
 1        A special fund shall be set up by the  treasurer  of  the
 2    county  and  such  funds  collected pursuant to the preceding
 3    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,
 
SB385 Engrossed             -5-                LRB9206081TAtm
 1    departments  and  other instrumentalities of the State if the
 2    increase is justified by an  acceptable  cost  study  showing
 3    that  the  fees allowed by this Section are not sufficient to
 4    cover the cost of providing the service.
 5        A statement of  the  costs  of  providing  each  service,
 6    program  and  activity shall be prepared by the county board.
 7    All supporting documents shall be public record  and  subject
 8    to  public  examination  and  audit.  All direct and indirect
 9    costs, as defined in the United States Office  of  Management
10    and   Budget   Circular   A-87,   may   be  included  in  the
11    determination of the  costs  of  each  service,  program  and
12    activity.
13    (Source: P.A.  90-300,  eff.  1-1-98;  91-791,  eff.  6-9-00;
14    91-886, eff. 1-1-01.)

15        (Text of Section after amendment by P.A. 91-893)
16        Sec. 3-5018.  Fees.  The recorder elected as provided for
17    in  this  Division  shall  receive such fees as are or may be
18    provided for him by  law,  in  case  of  provision  therefor:
19    otherwise  he  shall  receive  the same fees as are or may be
20    provided in this Section, except  when  increased  by  county
21    ordinance  pursuant  to the provisions of this Section, to be
22    paid to the county clerk for his services in  the  office  of
23    recorder for like services.
24        For  recording  deeds  or  other  instruments $12 for the
25    first 4 pages thereof,  plus  $1  for  each  additional  page
26    thereof,  plus $1 for each additional document number therein
27    noted.  The aggregate  minimum  fee  for  recording  any  one
28    instrument shall not be less than $12.
29        For  recording  deeds  or  other  instruments wherein the
30    premises affected thereby are referred to by document  number
31    and  not by legal description a fee of $1 in addition to that
32    hereinabove referred to  for  each  document  number  therein
33    noted.
34        For  recording  assignments of mortgages, leases or liens
 
SB385 Engrossed             -6-                LRB9206081TAtm
 1    $12  for  the  first  4  pages  thereof,  plus  $1  for  each
 2    additional page thereof.   However,  except  for  leases  and
 3    liens  pertaining  to oil, gas and other minerals, whenever a
 4    mortgage, lease or lien  assignment  assigns  more  than  one
 5    mortgage,  lease  or lien document, a $7 fee shall be charged
 6    for the recording  of  each  such  mortgage,  lease  or  lien
 7    document after the first one.
 8        For  recording maps or plats of additions or subdivisions
 9    approved  by  the  county  or  municipality  (including   the
10    spreading  of  the same of record in map case or other proper
11    books) or plats of condominiums $50 for the first page,  plus
12    $1  for  each additional page thereof except that in the case
13    of recording a single page, legal size 8 1/2 x  14,  plat  of
14    survey in which there are no more than two lots or parcels of
15    land,  the  fee shall be $12.  In each county where such maps
16    or plats are to be recorded, the  recorder  may  require  the
17    same  to  be  accompanied  by  such number of exact, true and
18    legible copies thereof as the recorder  deems  necessary  for
19    the efficient conduct and operation of his office.
20        For  certified  copies  of  records  the same fees as for
21    recording, but in no case shall the fee for a certified  copy
22    of  a  map  or  plat of an addition, subdivision or otherwise
23    exceed $10.
24        Each certificate of such recorder of the recording of the
25    deed or other writing and of the date of recording  the  same
26    signed  by such recorder, shall be sufficient evidence of the
27    recording  thereof,  and  such  certificate   including   the
28    indexing  of  record,  shall be furnished upon the payment of
29    the fee for recording the instrument, and no  additional  fee
30    shall be allowed for the certificate or indexing.
31        The recorder shall charge an additional fee, in an amount
32    equal  to  the fee otherwise provided by law, for recording a
33    document (other than a document filed under the Plat  Act  or
34    the  Uniform  Commercial  Code)  that does not conform to the
 
SB385 Engrossed             -7-                LRB9206081TAtm
 1    following standards:
 2             (1)  The document  shall  consist  of  one  or  more
 3        individual  sheets measuring 8.5 inches by 11 inches, not
 4        permanently bound and not a  continuous  form.    Graphic
 5        displays  accompanying  a  document  to  be recorded that
 6        measure up to 11 inches by 17 inches  shall  be  recorded
 7        without charging an additional fee.
 8             (2)  The  document shall be legibly printed in black
 9        ink, by hand, type, or computer.   Signatures  and  dates
10        may  be  in  contrasting  colors  if  they will reproduce
11        clearly.
12             (3)  The document shall be on  white  paper  of  not
13        less  than  20-pound weight and shall have a clean margin
14        of at least one-half inch on the  top,  the  bottom,  and
15        each   side.   Margins  may  be  used  for  non-essential
16        notations that  will  not  affect  the  validity  of  the
17        document, including but not limited to form numbers, page
18        numbers, and customer notations.
19             (4)  The  first page of the document shall contain a
20        blank space, measuring at least 3  inches  by  5  inches,
21        from the upper right corner.
22             (5)  The  document  shall  not  have  any attachment
23        stapled or otherwise affixed to any page.
24    A document that does not conform to these standards shall not
25    be  recorded  except  upon  payment  of  the  additional  fee
26    required under this paragraph.  This paragraph, as amended by
27    this amendatory Act of 1995, applies only to documents  dated
28    after the effective date of this amendatory Act of 1995.
29        The  county  board  of  any  county  may  provide  for an
30    additional charge of $3 for filing every  instrument,  paper,
31    or  notice  for  record,  in  order to defray the cost of the
32    county   recorder's   operations   relating   to    computer,
33    micrographics,  or any other means of automation of books and
34    records. converting the county  recorder's  document  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
 
SB385 Engrossed             -9-                LRB9206081TAtm
 1    persons   and   entities   other   than  officers,  agencies,
 2    departments and other instrumentalities of the State  if  the
 3    increase  is  justified  by  an acceptable cost study showing
 4    that the fees allowed by this Section are not  sufficient  to
 5    cover the cost of providing the service.
 6        A  statement  of  the  costs  of  providing each service,
 7    program and activity shall be prepared by the  county  board.
 8    All  supporting  documents shall be public record and subject
 9    to public examination and audit.   All  direct  and  indirect
10    costs,  as  defined in the United States Office of Management
11    and  Budget  Circular  A-87,   may   be   included   in   the
12    determination  of  the  costs  of  each  service, program and
13    activity.
14    (Source: P.A.  90-300,  eff.  1-1-98;  91-791,  eff.  6-9-00;
15    91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)

16        (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)
17        Sec. 3-5036.  Records open to  inspection.  All  records,
18    indices,  abstract  and other books kept in the office of any
19    recorder,  and  all  instruments  filed   therein   and   all
20    instruments  deposited or left for recordation therein shall,
21    during the office hours, be open for  public  inspection  and
22    examination;  and  all  persons  shall  have  free access for
23    inspection and examination to such  records,  indices,  books
24    and  instruments,  which  the  recorders  shall  be  bound to
25    exhibit to those who wish to inspect or examine the same; and
26    all persons shall  have  the  right  to  take  memoranda  and
27    abstracts  thereof  without  fee  or  reward. This Section is
28    subject to the provisions of "The Local Records Act".
29        Records, indices, abstracts, and other books kept in  the
30    office of the recorder, and all instruments filed, deposited,
31    or left there for recordation, may be made available on a Web
32    site maintained by the county recorder on the World Wide Web.
33    Making records available on the World Wide Web does not alter
 
SB385 Engrossed             -10-               LRB9206081TAtm
 1    or  satisfy  any  duties  of  the  county  recorder  to keep,
 2    maintain, or otherwise make available records of  the  office
 3    as required by law.  A reasonable fee may be assessed against
 4    any  person  who may access or copy records from a World Wide
 5    Web site maintained by the county recorder.
 6    (Source: P.A. 86-962.)

 7        (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
 8        Sec. 4-2002. State's  attorney  fees  in  counties  under
 9    3,000,000  population.  This Section applies only to counties
10    with fewer than 800,000 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
 
SB385 Engrossed             -11-               LRB9206081TAtm
 1    the Supreme or Appellate Court when prosecuted or defended by
 2    him, $50.
 3        For each day actually employed in the trial  of  a  case,
 4    $25;  in  which  case the court before whom the case is tried
 5    shall make an order specifying the number of days for which a
 6    per diem shall be allowed.
 7        For each day actually employed in the trial of  cases  of
 8    felony  arising  in  their  respective  counties and taken by
 9    change of venue to another county, $25; and the court  before
10    whom  the  case  is  tried shall make an order specifying the
11    number of days for which said per diem shall be allowed;  and
12    it  is  hereby  made  the  duty  of  each State's attorney to
13    prepare and try each case of felony arising when so taken  by
14    change of venue.
15        For  assisting  in  a trial of each case on an indictment
16    for felony brought by change of  venue  to  their  respective
17    counties,  the  same  fees  they would be entitled to if such
18    indictment had been found for an  offense  committed  in  his
19    county,  and  it shall be the duty of the State's attorney of
20    the county to which such cause is taken by change of venue to
21    assist in the trial thereof.
22        For  each  case  of  forfeited  recognizance  where   the
23    forfeiture  is  set  aside at the instance of the defense, in
24    addition to the ordinary costs, $10 for each defendant.
25        For each proceeding in a circuit court  to  inquire  into
26    the  alleged  mental  illness  of  any  person,  $10 for each
27    defendant.
28        For each proceeding in a circuit court  to  inquire  into
29    the alleged dependency or delinquency of any child, $10.
30        For  each  day actually employed in the hearing of a case
31    of habeas corpus in which the people are interested, $25.
32        All the foregoing fees shall be  taxed  as  costs  to  be
33    collected  from  the defendant, if possible, upon conviction.
34    But in cases of inquiry into the mental illness of any person
 
SB385 Engrossed             -12-               LRB9206081TAtm
 1    alleged to be mentally ill, in cases on a charge of paternity
 2    and in cases of appeal in the  Supreme  or  Appellate  Court,
 3    where  judgment  is in favor of the accused, the fees allowed
 4    the State's attorney therein shall be  retained  out  of  the
 5    fines and forfeitures collected by them in other cases.
 6        Ten  per  cent of all moneys except revenue, collected by
 7    them and paid over to the authorities entitled thereto, which
 8    per cent together with the fees provided for herein that  are
 9    not  collected  from  the parties tried or examined, shall be
10    paid out of any fines and forfeited  recognizances  collected
11    by  them,  provided however, that in proceedings to foreclose
12    the lien of delinquent real estate  taxes  State's  attorneys
13    shall  receive a fee, to be credited to the earnings of their
14    office, of 10% of the total amount realized from the sale  of
15    real  estate  sold  in  such proceedings.  Such fees shall be
16    paid from the total amount realized from the sale of the real
17    estate sold in such proceedings.
18        State's attorneys shall have a lien for their fees on all
19    judgments for fines or forfeitures procured by  them  and  on
20    moneys  except  revenue  received by them until such fees and
21    earnings are fully paid.
22        No fees shall be charged on more than 10  counts  in  any
23    one indictment or information on trial and conviction; nor on
24    more  than  10  counts  against any one defendant on pleas of
25    guilty.
26        The Circuit Court may direct that of all monies received,
27    by restitution or otherwise, which monies are ordered paid to
28    the Department of Public  Aid  or  the  Department  of  Human
29    Services (acting as successor to the Department of Public Aid
30    under  the  Department  of  Human  Services  Act) as a direct
31    result of the efforts  of  the  State's  attorney  and  which
32    payments  arise from Civil or Criminal prosecutions involving
33    the Illinois Public  Aid  Code  or  the  Criminal  Code,  the
34    following  amounts  shall be paid quarterly by the Department
 
SB385 Engrossed             -13-               LRB9206081TAtm
 1    of Public Aid or the Department  of  Human  Services  to  the
 2    General Corporate Fund of the County in which the prosecution
 3    or cause of action took place:
 4             (1)  where  the  monies  result  from  child support
 5        obligations, not more than 25% of the  federal  share  of
 6        the monies received,
 7             (2)  where  the  monies result from other than child
 8        support obligations, not more than  25%  of  the  State's
 9        share of the monies received.
10        (b)  A   municipality   shall   be   entitled  to  a  $10
11    prosecution fee for each conviction for a  violation  of  The
12    Illinois  Vehicle  Code  prosecuted by the municipal attorney
13    pursuant to Section 16-102 of that Code which is tried before
14    a circuit or associate judge and shall be entitled to  a  $10
15    prosecution  fee  for  each  conviction  for a violation of a
16    municipal   vehicle   ordinance   or   nontraffic   ordinance
17    prosecuted by the municipal attorney which is tried before  a
18    circuit or associate judge.  Such fee shall be taxed as costs
19    to  be  collected  from  the  defendant,  if  possible,  upon
20    conviction.   A  municipality  shall  have  a  lien  for such
21    prosecution fees on all judgments or fines  procured  by  the
22    municipal  attorney  from  prosecutions for violations of The
23    Illinois Vehicle Code and  municipal  vehicle  ordinances  or
24    nontraffic ordinances.
25        For  the  purposes  of  this  subsection  (b), "municipal
26    vehicle ordinance" means any ordinance  enacted  pursuant  to
27    Sections  11-40-1,  11-40-2,  11-40-2a  and  11-40-3  of  the
28    Illinois  Municipal  Code  or  any  ordinance  enacted  by  a
29    municipality which is similar to a provision of Chapter 11 of
30    The Illinois Vehicle Code.
31    (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97.)

32        (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
33        Sec.  4-2002.1.  State's  attorney  fees  in  counties of
 
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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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