(55 ILCS 5/Art. 4 heading)
(55 ILCS 5/4-10005)
Sec. 4-10005. County board salaries.
(a) Notwithstanding Section 4-10001, a member of a county board shall not receive any salary or other compensation from the county if the member is receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for the member's service as a county board member. If a member of a county board is receiving benefits from the Illinois Municipal Retirement Fund on the effective date of this amendatory Act of the 101st General Assembly, the member's salary and compensation shall be reduced to zero at the beginning of the member's next term if the member is still receiving pension benefits from the Illinois Municipal Retirement Fund for service as a county board member.
(b) This Section does not apply to a county that has adopted an ordinance or resolution effective prior to January 1, 2019 that reduces compensation of elected county officials who are receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for their service as elected officials of that county to an amount less than other elected county officials who are not receiving such pension benefits for their service as elected officials.
(Source: P.A. 101-544, eff. 8-23-19.)
(55 ILCS 5/Div. 4-1 heading)
(55 ILCS 5/4-1001) (from Ch. 34, par. 4-1001)
Sec. 4-1001.
Counties classified.
For the purpose of fixing the fees
and compensation of county and township officers in this State, the several
counties therein are hereby divided into 3 classes, according to population
as ascertained by the most recent Federal Census, which classes shall be
known as the first, second and third, as follows:
Counties containing a population of not exceeding 25,000 inhabitants
shall be known as counties of the first class.
Counties containing a population over 25,000 and not exceeding 1,000,000
shall be known as counties of the second class.
Counties containing a population exceeding 1,000,000 shall be known as
counties of the third class.
The fees and compensation of the several officers hereinafter named,
shall be as provided by law in the respective classes of the counties to
which they belong.
(Source: P.A. 86-962.)
(55 ILCS 5/Div. 4-2 heading)
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's attorneys in this State,
except the state's attorney of Cook County, the following annual salary:
The State shall furnish 66 2/3% of the total annual compensation
to be paid to each state's attorney in Illinois based on the salary in
effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31, 1988.
Subject to appropriation, said amounts furnished by the State shall be payable monthly
by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each state's attorney is
elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988.
Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, the county board of any county with a population between 15,000 and 50,000 by resolution or ordinance may increase the amount of compensation to be paid to each eligible state's attorney in their county in the form of a longevity stipend which shall be added to and become part of the salary of the state's attorney for that year. To be eligible, the state's attorney must have served in the elected position for at least 20 continuous years and elect to participate in a program for an alternative annuity for county officers and make the required additional optional contributions as authorized by P.A. 90-32.
(b) Effective December 1, 2000, no state's attorney may engage in
the private practice of law. However, until November 30, 2000,
(i) the state's attorneys in counties containing fewer than 10,000 inhabitants
may engage in the practice of law, and (ii) in any county between 10,000 and
30,000 inhabitants or in any county containing 30,000 or more inhabitants which
reached that population between 1970 and December 31, 1981, the state's
attorney may declare his or her intention to engage in the private practice of
law, and may do so through no later than November 30, 2000, by filing a written
declaration of intent to engage in the private practice of law with the county
clerk. The declaration of intention shall be irrevocable during the remainder
of the term of office. The declaration shall be filed with the county clerk
within 30 days of certification of election or appointment, or within 60 days
of March 15, 1989, whichever is later. In that event the annual salary of such
state's attorney shall be as follows:
(c) In counties where a state mental health institution, as hereinafter
defined, is located, one assistant state's attorney shall, subject to appropriation, receive for his
services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which he
is appointed, the following:
(d) The population of all counties for the purpose of fixing salaries as
herein provided shall be based upon the last Federal census immediately
previous to the appointment of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in counties where
one or more state correctional institutions, as hereinafter defined, are
located, one or more assistant state's attorneys shall, subject to appropriation, receive for their
services, provided that such services are performed in connection with the
state correctional institution, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which they are appointed, the following:
In determining whether or not to increase the amount of salary
reimbursement, the Director shall consider, among other matters:
(f) In counties where a State senior institution of higher education is
located, the assistant state's attorneys specified by this Section shall, subject to appropriation,
receive for their services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which appointed, the following:
Such salaries shall be paid to the state's attorney and the assistant
state's attorney in equal monthly installments by such county out of the
county treasury provided that, subject to appropriation, the Department of Revenue shall reimburse each
county monthly, out of the Personal Property Tax Replacement Fund or the General Revenue Fund, the amount of such salary. This
Section shall not prevent the payment of such additional compensation to
the state's attorney or assistant state's attorney of any county, out of
the treasury of that county as may be provided by law.
(g) For purposes of this Section, "State mental health institution" means
any institution under the jurisdiction of the Department of Human Services
that is listed in Section 4 of the Mental Health and
Developmental Disabilities Administrative Act.
For purposes of this Section, "State correctional institution" means
any facility of the Department of Corrections including adult facilities,
juvenile facilities, pre-release centers, community correction centers, and
work camps.
For purposes of this Section, "State university" means the University
of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University, and any public
community college
which has established a program of interinstitutional cooperation with one
of the foregoing institutions whereby a student, after earning an associate
degree from the community college, pursues a course of study at the
community college campus leading to a baccalaureate degree from the
foregoing institution (also known as a "2 Plus 2" degree program).
(h) A number of assistant state's attorneys shall be appointed in each
county that chooses to participate, as provided in this subsection,
for the prosecution of alcohol-related traffic offenses. Each county shall
receive monthly a subsidy for payment of the salaries and
benefits of these
assistant state's attorneys from State funds appropriated to the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund for
that purpose. The amounts of subsidies provided by this subsection shall be
adjusted for inflation each July 1 using the Consumer Price Index of the Bureau
of Labor Statistics of the U.S. Department of Labor.
When a county chooses to participate in the subsidy program described in this
subsection (h), the number of assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase according to the subsidy
provided in this subsection. These appointed assistant state's attorneys shall
be in addition to any other assistant state's attorneys assigned to those cases
on the effective date of this amendatory Act of the 91st General Assembly, and
may not replace those assistant state's attorneys. In counties where the
state's attorney is the sole prosecutor, this subsidy shall be used to provide
an assistant state's attorney to prosecute alcohol-related traffic offenses
along with the state's attorney. In counties where the state's attorney is the
sole prosecutor, and in counties where a judge presides over cases involving a
variety of misdemeanors, including alcohol-related traffic matters, assistant
state's attorneys appointed and subsidized by this subsection (h) may also
prosecute the different misdemeanor cases at the direction of the state's
attorney.
Assistant state's attorneys shall be appointed under this subsection in the
following number and counties shall receive the following annual subsidies:
The amounts appropriated under this Section must be segregated by
population
classification and disbursed monthly.
If in any year the amount appropriated for the purposes of this subsection
(h) is insufficient to pay all of the subsidies specified in this subsection,
the amount appropriated shall first be prorated by the population
classifications of this subsection (h) and then among the counties choosing
to
participate
within each of those classifications. If any of the appropriated moneys for
each population classification remain at the end of a fiscal year,
the remainder of the moneys may be allocated to participating counties that
were not fully funded during the course of the year. Nothing in
this subsection prohibits 2 or more State's attorneys from combining their
subsidies to appoint a joint assistant State's attorney to
prosecute alcohol-related traffic offenses in multiple counties. Nothing in
this subsection prohibits a State's attorney from appointing an
assistant State's attorney by contract or otherwise.
(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
Sec. 4-2002. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
Sec. 4-2002.1. (Repealed).
(Source: P.A. 100-201, eff. 8-18-17. Repealed by P.A. 100-987, eff. 7-1-19.)
(55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
Sec. 4-2003. Assistants.
(a) Except as provided in Section 4-2001, where
assistant State's Attorneys are
required in any county, the number of such assistants shall be determined
by the county board, and the salaries of such assistants shall be fixed by
the State's Attorney subject to budgetary limitations established by the
county board and paid out of the county treasury in quarterly annual
installments, on the order of the county board on the treasurer of said
county. Such assistant State's Attorneys are to be named by the State's
Attorney of the county, and when so appointed shall take the oath of office
in the same manner as State's Attorneys and shall be under the
supervision of the State's Attorney.
(b) The State's Attorney may appoint qualified attorneys to assist as Special Assistant State's Attorneys when the public interest so requires.
(Source: P.A. 100-669, eff. 1-1-19.)
(55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
Sec. 4-2004. Collection and disposition of fines and forfeitures. It
shall be the duty of State's attorneys to attend to the collection of all
fines and forfeitures in criminal cases, and they shall, without delay, pay
over all fines and forfeitures collected by them to the county treasurer to
be deposited into the general corporate fund of the county, except as
otherwise specifically provided by law.
(Source: P.A. 100-987, eff. 7-1-19.)
(55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
Sec. 4-2005. Payment of salaries; disposition of fees. The salaries
of the State's attorneys, excepting that part which is to be paid out of
the State treasury as now provided for by law, and the salaries of all
Assistant State's attorneys shall be paid out of the general corporate fund
of the county treasury of the county in which the State's attorney resides,
on the order of the county board by the treasurer of the county: The fees
which are now, or may hereafter, be provided by law to be paid by the
defendant or defendants, as State's attorney's fees, shall be taxed as
costs and all fees, fines, forfeitures and penalties shall be collected by
the State's attorney, except as
otherwise specifically provided by law, and shall
be paid by him directly into the county treasury
to be deposited into the general corporate fund of the county. The county
treasurer shall receipt therefor.
(Source: P.A. 100-987, eff. 7-1-19.)
(55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
Sec. 4-2006. Report of fees.
(a) It is hereby made the duty of all State's attorneys to report to
the circuit court at such times as the court shall determine by rule, the
payment and collection of all fees, fines, forfeitures and penalties and to
satisfy the court by voucher or otherwise, that all fees, fines,
forfeitures and penalties by them collected, except as
otherwise specifically provided by law, have been duly paid over to
the county treasurer, as required by Section 4-2005, and the
State's attorney shall have no further interest in conviction fees, fines,
forfeitures and penalties or moneys collected by virtue of such office. The
court shall note the filing of the report and fix a day certain not less
than 30 days thereafter, when objections in writing may be filed to such
report by any one or more taxpayers of the county, and when objections are
filed to such report a hearing may be had upon such report and objections
at such time and in such manner as the court may direct and after such
hearing the court may approve or disapprove of such report as justice may
require, and make all proper orders in reference thereto, and if no
objections have been filed, the court shall inspect such report and require
the State's attorney to produce evidence in proof of his having paid over
as required by law all fines and forfeitures collected by him; and if it
appears to the court that any State's attorney has failed or refused to
turn over the fines and forfeitures collected by him as required by law the
court shall at once suspend him and appoint a State's attorney pro tempore
to perform the duties of the office until such State's attorney shall have
complied with the provisions of this Division or the orders of
the court in regard thereto. The court, for the purpose of carrying out the
provisions of this Section shall have the power to examine books and papers
and to issue subpoenas to compel the appearance of persons and the
production of books and records: Provided, however, no order entered under
this Section shall be a bar to any proper proceedings against such State's
attorney and his bondsman to require him to account for moneys collected
and not paid over by him as required by law.
(b) Waiver of report of fees. The filing of the report of fees as
provided by subsection (a) of this Section may be waived by written
administrative order of the chief judge of the circuit upon written request
and affidavit of the State's attorney of a county within the circuit that
all fines, fees, forfeitures, and restitution are collected by the clerk of
the circuit court and that none of those funds pass through the office of
the State's attorney.
(Source: P.A. 100-987, eff. 7-1-19.)
(55 ILCS 5/Div. 4-3 heading)
(55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
Sec. 4-3001. State's attorney; assistants.
(a) The State's Attorney of Cook County shall be paid an annual salary of
$75,000 until December 31, 1988, $90,000 until November 30, 1990, $100,000
until June 30, 1994, and $112,124 thereafter or as set by the Compensation
Review Board, whichever is greater.
Such sums shall be in full payment for all services rendered by him.
Until July 1, 2011, the State shall furnish from the State treasury 66 2/3% of such salary in
effect on December 31, 1988 and 100% of the increases in salary taking effect
after December 31, 1988. Beginning on July 1, 2011, the Department of Revenue shall furnish from State funds appropriated to it out of the Personal Property Tax Replacement Fund or the General Revenue Fund for that purpose 66 2/3% of such salary in effect on December 31, 1988 and 100% of the increases in salary taking effect after December 31, 1988. Cook County shall furnish 33 1/3% of such salary
in effect on December 31, 1988. The State's Attorney of Cook County may not
engage in the private practice of law.
(b) If Cook County chooses to participate in the subsidy program described
in this subsection (b), 24 assistant state's attorneys shall be appointed for
the prosecution of alcohol-related traffic offenses. Cook County shall
annually receive a subsidy for the payment of the salaries and benefits of
these assistant state's attorneys from State funds appropriated to the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund for distribution to Cook County
for that purpose. The amount of the subsidy shall equal $50,000 per assistant
state's attorney appointed under this subsection, adjusted for inflation each
July 1 using the Consumer Price Index of the Bureau of Labor Statistics of the
U.S. Department of Labor. If in any year the amount appropriated for the
purposes of this subsection (b) is insufficient, the annual subsidy shall be
reduced accordingly.
When and if Cook County chooses to participate in the subsidy program
described in this subsection (b), the number of assistant state's attorneys
who are prosecuting alcohol-related traffic offenses must increase by 24.
These appointed assistant state's attorneys shall be in addition to any other
assistant state's attorneys assigned to those cases on the effective date of
this amendatory Act of the 91st General Assembly, and may not replace those
assistant state's attorneys. Cook County assistant state's attorneys appointed
and subsidized by this subsection (b) may also prosecute other types of
misdemeanor cases at the direction of the Cook County State's Attorney.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-3002) (from Ch. 34, par. 4-3002)
Sec. 4-3002.
Manner of payment.
The compensation to the
State's attorney shall be paid in installments by the county
clerk, at the end of each half month by drawing a warrant in
favor of the State's attorney on the county treasurer who shall
pay the same on presentation properly endorsed. No warrant shall
be drawn or money paid to the State's attorney, unless he shall
have made for the preceding fiscal quarter a report to the county
commissioners and paid into the county treasury all fees collected
by him as State's attorney for the fiscal quarter.
(Source: P.A. 86-962.)
(55 ILCS 5/Div. 4-4 heading)
(55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
(Text of Section before amendment by P.A. 102-160)
Sec. 4-4001. County clerks; counties of first and second class. The fees of the county clerk in counties of the first and second
class, except when increased by county ordinance pursuant to the
provisions of this Section, shall be:
The county board of any county of the first or second class may by
ordinance authorize the county clerk to impose an additional $2 charge for
certified copies of vital records as defined in Section 1 of the Vital
Records Act, for the purpose of developing, maintaining, and improving technology in the office of the County Clerk.
The foregoing fees allowed by this Section are the maximum fees that
may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by ordinance,
increase the fees allowed by this Section and also the notary public recordation fees allowed by Section 2-106 of the Illinois Notary Public Act and the indexing and filing of assumed name certificate fees allowed by Section 3 of the Assumed Business Name Act and collect such increased fees
from all persons and entities other than officers, agencies, departments
and other instrumentalities of the State if the increase is justified by an
acceptable cost study showing that the fees allowed by these Sections are not
sufficient to cover the cost of providing the service.
A Statement of the costs of providing each service, program
and activity shall be prepared by the county board.
All supporting documents shall be public record and subject to public
examination and audit. All direct and indirect costs, as defined in the
United States Office of Management and Budget Circular A-87, may be
included in the determination of the costs of each
service, program and activity.
The county clerk in all cases may demand and receive the payment of
all fees for services in advance so far as the same can be ascertained.
The county board of any county of the first or second class may by
ordinance authorize the county treasurer to establish a special fund for
deposit of the additional charge. Moneys in the special fund shall be used
solely to provide the equipment, material and necessary expenses incurred
to help defray the cost of implementing and maintaining such document
storage system.
(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11; 97-986, eff. 8-17-12.)
(Text of Section after amendment by P.A. 102-160)
Sec. 4-4001. County clerks; counties of first and second class. The fees of the county clerk in counties of the first and second
class, except when increased by county ordinance pursuant to the
provisions of this Section, shall be:
The county board of any county of the first or second class may by
ordinance authorize the county clerk to impose an additional $2 charge for
certified copies of vital records as defined in Section 1 of the Vital
Records Act, for the purpose of developing, maintaining, and improving technology in the office of the County Clerk.
The foregoing fees allowed by this Section are the maximum fees that
may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by ordinance,
increase the fees allowed by this Section and the indexing and filing of assumed name certificate fees allowed by Section 3 of the Assumed Business Name Act and collect such increased fees
from all persons and entities other than officers, agencies, departments
and other instrumentalities of the State if the increase is justified by an
acceptable cost study showing that the fees allowed by these Sections are not
sufficient to cover the cost of providing the service.
A Statement of the costs of providing each service, program
and activity shall be prepared by the county board.
All supporting documents shall be public record and subject to public
examination and audit. All direct and indirect costs, as defined in the
United States Office of Management and Budget Circular A-87, may be
included in the determination of the costs of each
service, program and activity.
The county clerk in all cases may demand and receive the payment of
all fees for services in advance so far as the same can be ascertained.
The county board of any county of the first or second class may by
ordinance authorize the county treasurer to establish a special fund for
deposit of the additional charge. Moneys in the special fund shall be used
solely to provide the equipment, material and necessary expenses incurred
to help defray the cost of implementing and maintaining such document
storage system.
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)
(55 ILCS 5/Div. 4-5 heading)
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
Sec. 4-5001. Sheriffs; counties of first and second class. The fees of
sheriffs in counties of the first and second class, except when increased
by county ordinance under this Section, shall be as follows:
For serving or attempting to serve summons on each defendant
in each county, $10.
For serving or attempting to serve an order or judgment granting injunctive
relief in each county, $10.
For serving or attempting to serve each garnishee in each county, $10.
For serving or attempting to serve an order for replevin in each county,
$10.
For serving or attempting to serve an order for attachment on each
defendant in each county, $10.
For serving or attempting to serve a warrant of arrest, $8, to be paid
upon conviction.
For returning a defendant from outside the State of Illinois, upon
conviction, the court shall assess, as court costs, the cost of returning a
defendant to the jurisdiction.
For serving or attempting to serve a subpoena on each
witness, in each county, $10.
For advertising property for sale, $5.
For returning each process, in each county, $5.
Mileage for each mile of necessary travel to serve any such
process as Stated above, calculating from the place of holding court to
the place of residence of the defendant, or witness, 50¢ each way.
For summoning each juror, $3 with 30¢ mileage each way in all counties.
For serving or attempting to serve notice of judgments or levying to
enforce a judgment, $3 with 50¢ mileage each way in all counties.
For taking possession of and removing property levied on, the officer
shall be allowed to tax the actual cost of such possession or removal.
For feeding each prisoner, such compensation to cover the actual cost
as may be fixed by the county board, but such compensation shall not be
considered a part of the fees of the office.
For attending before a court with prisoner, on an order for habeas
corpus, in each county, $10 per day.
For attending before a court with a prisoner in any criminal
proceeding, in each county, $10 per day.
For each mile of necessary travel in taking such prisoner before the
court as stated above, 15¢ a mile each way.
For serving or attempting to serve an order or judgment for the
possession of real estate in an action of ejectment or in any other action,
or for restitution in an eviction action without aid,
$10 and when aid is necessary, the sheriff shall be allowed to tax in
addition the actual costs thereof, and for each mile of necessary travel,
50¢ each way.
For executing and acknowledging a deed of sale of real estate, in
counties of first class, $4; second class, $4.
For preparing, executing and acknowledging a deed on redemption from
a court sale of real estate in counties of first class, $5; second
class, $5.
For making certificates of sale, and making and filing duplicate, in
counties of first class, $3; in counties of the second class, $3.
For making certificate of redemption, $3.
For certificate of levy and filing, $3, and the fee for recording
shall be advanced by the judgment creditor and charged as costs.
For taking all civil bonds on legal process in counties of
first class,
$1; in second class, $1.
For executing copies in criminal cases, $4 and mileage for each mile
of necessary travel, 20¢ each way.
For executing requisitions from other states, $5.
For conveying each prisoner from the prisoner's own county to the jail
of another county, or from another county to the jail of the prisoner's county,
per mile, for going, only, 30¢.
For conveying persons to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School for Girls
and Reception Centers, the following fees, payable out of the State treasury. For each person who is conveyed, 35¢ per mile in going only to
the penitentiary, reformatory, Illinois State Training School for Boys,
Illinois State Training School for Girls and Reception Centers, from the
place of conviction.
The fees provided for transporting persons to the penitentiary,
reformatories, Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers shall be paid for each
trip so made. Mileage as used in this Section means the shortest
practical route, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls and Reception
Centers and all fees per mile shall be computed on such basis.
For conveying any person to or from any of the charitable
institutions of the State, when properly committed by competent
authority, when one person is conveyed, 35¢ per mile; when two persons
are conveyed at the same time, 35¢ per mile for the first person and 20¢
per mile for the second person; and 10¢ per mile for each additional person.
For conveying a person from the penitentiary to the county jail when
required by law, 35¢ per mile.
For attending Supreme Court, $10 per day.
In addition to the above fees there shall be allowed to the sheriff a fee
of $600 for the sale of real estate which is made by virtue of
any judgment of a court, except that in the case of a sale of unimproved
real estate which sells for $10,000 or less, the fee shall be $150.
In addition to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the following
schedule for the sale of personal estate which is made by virtue of any
judgment of a court:
For judgments up to $1,000, $75;
For judgments from $1,001 to $15,000, $150;
For judgments over $15,000, $300.
The foregoing fees allowed by this Section are the maximum fees that
may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by ordinance,
increase the fees allowed by this Section and collect those increased fees
from all persons and entities other than officers, agencies, departments
and other instrumentalities of the State if the increase is justified by an
acceptable cost study showing that the fees allowed by this Section are not
sufficient to cover the costs of providing the service. A statement of the
costs of providing each service, program and activity shall be prepared by
the county board. All supporting documents shall be public records and
subject to public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget Circular A-87,
may be included in the determination of the costs of each service,
program and activity.
In all cases where the judgment is settled by the parties, replevied,
stopped by injunction or paid, or where the property levied upon is not
actually sold, the sheriff shall be allowed his fee for levying and
mileage, together with half the fee for all money collected by him which he
would be entitled to if the same was made by sale to enforce the judgment.
In no case shall the fee exceed the amount of money arising from the sale.
The fee requirements of this Section do not apply to police departments
or other law enforcement agencies. For the purposes of this Section, "law
enforcement agency" means an agency of the State or unit of local government
which is vested by law or ordinance with the duty to maintain public order
and to enforce criminal laws.
(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18; 101-652, eff. 1-1-23.)
(55 ILCS 5/Div. 4-6 heading)
(55 ILCS 5/4-6001) (from Ch. 34, par. 4-6001)
Sec. 4-6001. Officers in counties of less than 2,000,000.
(a) In all
counties of less than 2,000,000 inhabitants, the compensation of Coroners,
County Treasurers, County Clerks, Recorders and Auditors shall be
determined under this Section. The County Board in those counties shall
fix the amount of the necessary clerk hire, stationery, fuel and other
expenses of those officers. The compensation of those officers shall be
separate from the necessary clerk hire, stationery, fuel and other
expenses, and such compensation (except for coroners in those counties with
less than 2,000,000 population in which the coroner's compensation is set
in accordance with Section 4-6002) shall be fixed within the following
limits:
To each such officer in counties containing less than 14,000
inhabitants, not less than $13,500 per annum.
To each such officer in counties containing 14,000 or more
inhabitants, but less than 30,000 inhabitants, not less than $14,500 per
annum.
To each such officer in counties containing 30,000 or more
inhabitants but less than 60,000 inhabitants, not less than $15,000 per
annum.
To each such officer in counties containing 60,000 or more
inhabitants but less than 100,000 inhabitants, not less than $15,000 per
annum.
To each such officer in counties containing 100,000 or more
inhabitants but less than 200,000 inhabitants, not less than $16,500 per
annum.
To each such officer in counties containing 200,000 or more
inhabitants but less than 300,000 inhabitants, not less than $18,000 per
annum.
To each such officer in counties containing 300,000 or more
inhabitants but less than 2,000,000 inhabitants, not less than $20,000
per annum.
(b) Those officers beginning a term of office before December 1, 1990
shall be compensated at the rate of their base salary. "Base
salary" is the compensation paid for each of those offices,
respectively, before July 1, 1989.
(c) Those officers beginning a term of office on or after December 1,
1990 shall be compensated as follows:
(d) In addition to but separate and apart from the compensation
provided in this Section, the county clerk of each county, the recorder of
each county, and
the chief clerk of each county
board of election commissioners shall receive an award as follows:
(e) Beginning December 1, 1990, no county board may reduce or otherwise
impair the compensation payable from county funds to a county officer if
the reduction or impairment is the result of the county officer receiving
an award or stipend payable from State funds.
(f) The compensation, necessary clerk hire, stationery, fuel and other
expenses of the county auditor, as fixed by the county board, shall be
paid by the county.
(g) The population of all counties for the purpose of fixing
compensation, as herein provided, shall be based upon the last Federal
census immediately previous to the election of the officer in question
in each county.
(h) With respect to an auditor who takes office on or after the effective date of this amendatory Act of the 95th General Assembly, the auditor shall receive an annual stipend of $6,500 per year. The General Assembly shall appropriate the total amount required for the stipend each year from the Personal Property Tax Replacement Fund to the Department of Revenue, and the Department of Revenue shall distribute the awards in an annual lump sum payment to each county auditor. The stipend shall be in addition to, but separate and apart from, the compensation provided in this Section. No county board may reduce or otherwise impair the compensation payable from county funds to the auditor if the reduction or impairment is the result of the auditor receiving an award or stipend pursuant to this subsection.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-6002) (from Ch. 34, par. 4-6002)
Sec. 4-6002. Coroners in counties of less than 2,000,000.
(a) The
County Board, in all counties of less than 2,000,000 inhabitants, shall fix
the compensation of Coroners within the limitations fixed by this Division,
and shall appropriate for their necessary clerk hire, stationery, fuel,
supplies, and other expenses. The compensation of the Coroner shall be
fixed separately from his necessary clerk hire, stationery, fuel and other
expenses, and such compensation shall be fixed within the following limits:
To each Coroner in counties containing less than 5,000 inhabitants,
not less than $4,500 per annum.
To each Coroner in counties containing 5,000 or more inhabitants but
less than 14,000 inhabitants, not less than $6,000 per annum.
To each Coroner in counties containing 14,000 or more inhabitants,
but less than 30,000 inhabitants, not less than $9,000 per annum.
To each Coroner in counties containing 30,000 or more inhabitants,
but less than 60,000 inhabitants, not less than $14,000 per annum.
To each Coroner in counties containing 60,000 or more inhabitants,
but less than 100,000 inhabitants, not less than $15,000 per annum.
To each Coroner in counties containing 100,000 or more inhabitants,
but less than 200,000 inhabitants, not less than $16,500 per annum.
To each Coroner in counties containing 200,000 or more inhabitants,
but less than 300,000 inhabitants, not less than $18,000 per annum.
To each Coroner in counties containing 300,000 or more inhabitants,
but less than 2,000,000 inhabitants, not less than $20,000
per annum.
The population of all counties for the purpose of fixing
compensation, as herein provided, shall be based upon the last Federal
census immediately previous to the election of the Coroner in question
in each county. This Section does not apply to a county which has
abolished the elective office of coroner.
(b) Those coroners beginning a term of office on or after December 1,
1990 shall be compensated as follows:
"Base salary", as used in this subsection (b), means the salary in
effect before July 1, 1989.
(c) In addition to, but separate and apart from, the compensation
provided in this Section, subject to appropriation, the coroner of each county shall receive an annual
stipend of $6,500 to be paid by the Illinois Department of Revenue out of the Personal Property Tax Replacement Fund if his or her term begins on or after
December 1, 2000.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-6003) (from Ch. 34, par. 4-6003)
Sec. 4-6003.
Compensation of sheriffs for certain expenses in counties
of less than 2,000,000.
(a) The County Board, in all counties of less than 2,000,000 inhabitants,
shall fix the compensation of sheriffs, with the amount of their necessary
clerk hire, stationery, fuel and other expenses. The county shall supply the
sheriff with all necessary uniforms, guns and ammunition. The compensation
of each such officer shall be fixed separately from his necessary clerk hire,
stationery, fuel and other expenses. Beginning immediately, no county with
a population under 2,000,000 may reduce the rate of compensation of its sheriff
below the rate of compensation that it was actually paying to its sheriff on
January 1, 2002 or the effective date of this amendatory Act of the 92nd
General Assembly, whichever is greater.
(b) In addition to the requirement of subsection (a), the rate of
compensation payable to the sheriff by the county shall not be less than the
following:
To each such sheriff in counties containing less than 10,000
inhabitants, not less than $27,000 per annum.
To each such sheriff in counties containing 10,000 or more inhabitants but
less than 20,000 inhabitants, not less than $31,000 per annum.
To each such sheriff in counties containing 20,000 or more inhabitants but
less than 30,000 inhabitants, not less than $34,000 per annum.
To each such sheriff in counties containing 30,000 or more inhabitants but
less than 60,000 inhabitants, not less than $37,000 per annum.
To each such sheriff in counties containing 60,000 or more inhabitants but
less than 100,000 inhabitants, not less than $40,000 per annum.
To each such sheriff in counties containing 100,000 or more inhabitants but
less than 2,000,000 inhabitants, not less than $43,000 per
annum.
The population of each county for the purpose of fixing compensation as
herein provided, shall be based upon the last federal census immediately
previous to the election of the sheriff in question in such county.
(c) (Blank).
(d) In addition to the salary provided for in subsections (a), (b), and
(c), beginning December 1, 1998, subject to appropriation, each sheriff, for his or her
additional duties imposed by other statutes or laws, shall receive an
annual stipend to be paid by the Illinois Department of Revenue out of the Personal Property Tax Replacement Fund in the amount of $6,500.
(e) No county board may reduce or otherwise impair the compensation
payable from county funds to a sheriff if the reduction or impairment is
the result of the sheriff receiving an award or stipend payable from State
funds.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-6004) (from Ch. 34, par. 4-6004)
Sec. 4-6004.
Services of county collector as receiver.
No fees
shall be paid to any county collector for services as a receiver in a tax
foreclosure suit in addition to the regular salary or fees paid to such
county collector.
(Source: P.A. 86-962.)
(55 ILCS 5/Div. 4-7 heading)
(55 ILCS 5/4-7001) (from Ch. 34, par. 4-7001)
Sec. 4-7001. Coroner's fees. The fees of the
coroner's office shall be as follows:
All of which fees shall be certified by the court; in the case of
inmates of any State charitable or penal institution, the fees shall be
paid by the operating department or commission, out of the State
Treasury. The coroner shall file his or her claim in probate for his or
her fees and he or she shall render assistance to the State's attorney
in the collection of such fees out of the estate of the deceased. In
counties of less than 1,000,000 population, the State's attorney shall
collect such fees out of the estate of the deceased.
Except as otherwise provided in this Section, whenever the coroner is
required by law to perform any of the duties of the office of the
sheriff, the coroner is entitled to the like fees and compensation as
are allowed by law to the sheriff for the performance of similar
services.
Except as otherwise provided in this Section, whenever the coroner of
any county is required to travel in the performance of his or her
duties, he or she shall receive the same mileage fees as are authorized
for the sheriff of such county.
All fees under this Section collected by or on behalf of the coroner's
office shall be paid over to the county treasurer and deposited into a special account in the county treasury. Moneys in the special account shall be used solely for the purchase of electronic and forensic identification equipment or other related supplies and the operating expenses of the coroner's office.
(Source: P.A. 96-1161, eff. 7-21-10.)
(55 ILCS 5/Div. 4-8 heading)
(55 ILCS 5/4-8002) (from Ch. 34, par. 4-8002)
Sec. 4-8002. Additional compensation of sheriff and recorder.
(a) In addition
to any salary otherwise provided by law, beginning December 1, 1998, subject to appropriation, the
sheriff of Cook County for his or her additional duties imposed by other
statutes or laws shall
receive an annual stipend to be paid by the Illinois Department of Revenue out of the Personal Property Tax Replacement Fund in the
amount of $6,500. The county board shall not reduce or otherwise impair the
compensation payable from county funds to the sheriff if the reduction or
impairment is the result of the sheriff receiving a stipend payable from
State funds.
(b) In addition to any salary otherwise provided by law, beginning
December 1, 2000, subject to appropriation, the recorder of deeds of Cook County for his or her
additional
duties imposed by law shall receive an annual stipend to be paid by the State
in an amount equal to the stipend paid to each recorder in other counties under
subsection (d) of Section 4-6001 of this Code. The county board may not reduce
or otherwise impair the compensation
payable from county funds to the recorder of deeds if the reduction or
impairment is the result of the recorder of deeds receiving a stipend payable
from State funds.
(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11.)
(55 ILCS 5/Div. 4-9 heading)
(55 ILCS 5/4-9001) (from Ch. 34, par. 4-9001)
Sec. 4-9001.
County Commissioners.
County commissioners shall receive
an annual salary to be fixed by the county board, which salary is in full
for all duties performed in any capacity as a member of the county board.
In addition, the county commissioners of counties organized under Division
2-4 shall not receive an annual salary that is greater than the annual
salary paid to the county clerk of that county. County commissioners are
also entitled to travel and expense allowances as determined by the county
board. All are to be paid out of the county treasury.
No per diem or travel or other expenses for transacting county
business, other than board meetings, may be paid except upon the
filing with the county board of a report stating the nature of
such business. Such report shall appear on the minutes of the
meeting of the county board at which such per diem and expenses
are approved.
(Source: P.A. 86-962; 86-1252.)
(55 ILCS 5/Div. 4-10 heading)
(55 ILCS 5/4-10001) (from Ch. 34, par. 4-10001)
Sec. 4-10001.
County board members.
County board members elected pursuant
to Division 2-3 shall receive such compensation as is fixed by the county
board in accordance with the method of compensation selected by the county
board. Such compensation shall be set before the general election at which
county board members are elected. The chairman of the county board shall
receive such additional compensation as determined by the county board in
reapportioning the county.
County board members and the chairman of the county board are also
entitled to travel and expense allowances as determined by the county
board.
(Source: P.A. 86-962.)
(55 ILCS 5/Div. 4-11 heading)
(55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
(Text of Section WITH the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 4-11001. Juror fees. Each county
shall pay to grand and petit jurors for their services
in attending courts the sums of $25 for the first day and thereafter $50 for each day of necessary attendance, or such higher amount as may be fixed by
the county board.
If a judge so orders, a juror
shall also receive reimbursement for the actual cost of day care incurred by
the juror during his or her service on a jury.
The juror fees for service and day care shall be paid out
of the county treasury.
The clerk of the court shall
furnish to each juror without fee whenever he is discharged a certificate
of the number of days' attendance at court, and upon presentation thereof
to the county treasurer, he shall pay to the juror the sum
provided for his service.
Any juror may elect to waive the fee paid for service, transportation, or day care, or any combination thereof.
(Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
(Text of Section WITHOUT the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 4-11001. Juror fees. Each county
shall pay to grand and petit jurors for their services
in attending courts the sum of $4 for each day of necessary attendance at
such courts as jurors in counties of the first class, the sum of $5 for
each day in counties of the second class, and the sum of $10 for each
day in counties of the third class, or such higher amount as may be fixed by
the county board.
In addition, jurors shall receive such travel expense as
may be determined by the county board, provided that jurors in
counties of the first class and second class shall receive at
least 10 cents per mile for their travel expense.
Mileage shall be allowed for travel during a juror's term as well as for
travel at the opening and closing of his term.
If a judge so orders, a juror
shall also receive reimbursement for the actual cost of day care incurred by
the juror during his or her service on a jury.
The juror fees for service, transportation, and day care shall be paid out
of the county treasury.
The clerk of the court shall
furnish to each juror without fee whenever he is discharged a certificate
of the number of days' attendance at court, and upon presentation thereof
to the county treasurer, he shall pay to the juror the sum
provided for his service.
Any juror may elect to waive the fee paid for service, transportation, or day care, or any combination thereof.
(Source: P.A. 97-840, eff. 1-1-13.)
(55 ILCS 5/4-11001.5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 4-11001.5. Lake County Children's Advocacy Center Pilot Program.
(a) The Lake County Children's Advocacy Center Pilot Program is established. Under the Pilot Program, any grand juror or petit juror in Lake County may elect to have his or her juror fees earned under Section 4-11001 of this Code to be donated to the Lake County Children's Advocacy Center, a division of the Lake County State's Attorney's office.
(b) On or before January 1, 2017, the Lake County board shall adopt, by ordinance or resolution, rules and policies governing and effectuating the ability of jurors to donate their juror fees to the Lake County Children's Advocacy Center beginning January 1, 2017 and ending December 31, 2018. At a minimum, the rules and policies must provide:
The Lake County board shall adopt an ordinance or resolution reestablishing the rules and policies previously adopted under this subsection allowing a juror to donate his or her juror fees to the Lake County Children's Advocacy Center through December 31, 2021.
(c) The following information shall be reported to the General Assembly and the Governor by the Lake County board after each calendar year of the Pilot Program on or before March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021:
(d) This Section is repealed on January 1, 2024.
(Source: P.A. 101-612, eff. 12-20-19; 102-671, eff. 11-30-21.)
(55 ILCS 5/4-11002) (from Ch. 34, par. 4-11002)
Sec. 4-11002. Juror's fees on inquest. The fees of each juror
attending an inquest shall be fixed by the county board at a sum not to
exceed $10 per inquest and not to exceed $40 per day, payable out of the
county treasury, upon the certificate of the coroner or acting coroner of
the county wherein the inquest was held. Any juror may elect to waive the fees paid for attending an inquest.
(Source: P.A. 97-840, eff. 1-1-13.)
(55 ILCS 5/Div. 4-12 heading)
(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
Sec. 4-12001. Fees of sheriff in third class counties. The officers herein named, in counties of the third class,
shall be entitled to receive the fees herein specified, for the services
mentioned and such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each defendant, $35.
For serving or attempting to serve each alias summons or other process
mileage will be charged as hereinafter provided when the address for
service differs from the address for service on the original summons or
other process.
For serving or attempting to serve all other process, on each defendant, $35.
For serving or attempting to serve a subpoena on each witness, $35.
For serving or attempting to serve each warrant, $35.
For serving or attempting to serve each garnishee, $35.
For summoning each juror, $10.
For serving or attempting to serve each order or judgment for replevin, $35.
For serving or attempting to serve an order for attachment, on each
defendant, $35.
For serving or attempting to serve an order or judgment for the
possession of real estate in an action of ejectment or in any other action,
or for restitution in an eviction action, without
aid, $35, and when aid is necessary, the sheriff shall be allowed to tax in
addition the actual costs thereof.
For serving or attempting to serve notice of judgment, $35.
For levying to satisfy an order in an action for attachment, $25.
For executing order of court to seize personal property, $25.
For making certificate of levy on real estate and filing or recording
same, $8, and the fee for filing or recording shall be advanced by the
plaintiff in attachment or by the judgment creditor and taxed as costs.
For taking possession of or removing property levied on, the sheriff
shall be allowed to tax the necessary actual costs of such possession or
removal.
For advertising property for sale, $20.
For making certificate of sale and making and filing duplicate for
record, $15, and the fee for recording same shall be advanced by the
judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on redemption from a
court sale of real estate, $15; for preparing, executing and
acknowledging all other deeds on sale of real estate, $10.
For making and filing certificate of redemption, $15, and the fee
for recording same shall be advanced by party making the redemption and
taxed as costs.
For making and filing certificate of redemption from a court sale,
$11, and the fee for recording same shall be advanced by the party
making the redemption and taxed as costs.
For taking all bonds on legal process, $10.
For returning each process, $15.
Mileage for service or attempted service of all process is a $10 flat fee.
For attending before a court with a prisoner on an order for habeas
corpus, $9 per day.
For executing requisitions from other States, $13.
For conveying each prisoner from the prisoner's county to the jail of
another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail, $3.
For feeding each prisoner, such compensation to cover actual costs as
may be fixed by the county board, but such compensation shall not be
considered a part of the fees of the office.
For committing each prisoner to jail under the laws of the United
States, to be paid by the marshal or other person requiring his
confinement, $3.
For feeding such prisoners per day, $3, to be paid by the marshal or
other person requiring the prisoner's confinement.
For discharging such prisoners, $3.
For conveying persons to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School for
Girls, Reception Centers and Illinois Security Hospital, the following
fees, payable out of the State Treasury. When one person is conveyed,
20¢ per mile in going to the penitentiary, reformatories, Illinois State
Training School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place of
conviction; when 2 persons are conveyed at the same time, 20¢ per mile
for the first and 15¢ per mile for the second person; when more than 2
persons are conveyed at the same time as Stated above, the sheriff shall
be allowed 20¢ per mile for the first, 15¢ per mile
for the second and
10¢ per mile for each additional person.
The fees provided for herein for transporting persons to the
penitentiary, reformatories, Illinois State Training School for Boys,
Illinois State Training School for Girls, Reception Centers and Illinois
Security Hospital, shall be paid for each trip so made. Mileage as used
in this Section means the shortest route on a hard surfaced road,
(either State Bond Issue Route or Federal highways) or railroad,
whichever is shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls, Reception
Centers and Illinois Security Hospital, and all fees per mile shall be
computed on such basis.
In addition to the above fees, there shall be allowed to the sheriff
a fee of $900 for the sale of real estate which shall be made by virtue
of any judgment of a court. In addition to this fee and all other fees
provided by this Section, there shall be allowed to the sheriff a fee in
accordance with the following schedule for the sale of personal estate
which is made by virtue of any judgment of a
court:
For judgments up to $1,000, $100;
For judgments over $1,000 to $15,000, $300;
For judgments over $15,000, $500.
In all cases where the judgment is settled by the parties, replevied,
stopped by injunction or paid, or where the property levied upon is not
actually sold, the sheriff shall be allowed the fee for levying and
mileage, together with half the fee for all money collected by him or
her which he or she would be entitled to if the same were made by sale
in the enforcement of a judgment. In no case shall the fee exceed the
amount of money arising from the sale.
The fee requirements of this Section do not apply to police departments
or other law enforcement agencies. For the purposes of this Section, "law
enforcement agency" means an agency of the State or unit of local government
which is vested by law or ordinance with the duty to maintain public order
and to enforce criminal laws or ordinances.
The fee requirements of this Section do not apply to units of local
government or school districts.
(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
Sec. 4-12001.1. Fees of sheriff in third class counties; local
governments and school districts. The officers herein named, in counties of
the third class, shall be entitled to receive the fees herein specified
from all units of local government and school districts, for the services
mentioned and such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each defendant, $25.
For serving or attempting to serve each alias summons or other process
mileage will be charged as hereinafter provided when the address for
service differs from the address for service on the original summons or
other process.
For serving or attempting to serve all other process, on each defendant, $25.
For serving or attempting to serve a subpoena on each witness, $25.
For serving or attempting to serve each warrant, $25.
For serving or attempting to serve each garnishee, $25.
For summoning each juror, $4.
For serving or attempting to serve each order or judgment for replevin, $25.
For serving or attempting to serve an order for attachment, on each
defendant, $25.
For serving or attempting to serve an order or judgment for the
possession of real estate in an action of ejectment or in any other action,
or for restitution in an eviction action, without
aid, $9, and when aid is necessary, the sheriff shall be allowed to tax in
addition the actual costs thereof.
For serving or attempting to serve notice of judgment, $25.
For levying to satisfy an order in an action for attachment, $25.
For executing order of court to seize personal property, $25.
For making certificate of levy on real estate and filing or recording
same, $3, and the fee for filing or recording shall be advanced by the
plaintiff in attachment or by the judgment creditor and taxed as costs.
For taking possession of or removing property levied on, the sheriff
shall be allowed to tax the necessary actual costs of such possession or
removal.
For advertising property for sale, $3.
For making certificate of sale and making and filing duplicate for
record, $3, and the fee for recording same shall be advanced by the
judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on redemption from a
court sale of real estate, $6; for preparing, executing and
acknowledging all other deeds on sale of real estate, $4.
For making and filing certificate of redemption, $3.50, and the fee
for recording same shall be advanced by party making the redemption and
taxed as costs.
For making and filing certificate of redemption from a court sale,
$4.50, and the fee for recording same shall be advanced by the party
making the redemption and taxed as costs.
For taking all bonds on legal process, $2.
For returning each process, $5.
Mileage for service or attempted service of all process is a $10 flat fee.
For attending before a court with a prisoner on an order for habeas
corpus, $3.50 per day.
For executing requisitions from other States, $5.
For conveying each prisoner from the prisoner's county to the jail of
another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail, $1.
For feeding each prisoner, such compensation to cover actual costs as
may be fixed by the county board, but such compensation shall not be
considered a part of the fees of the office.
For committing each prisoner to jail under the laws of the United
States, to be paid by the marshal or other person requiring his
confinement, $1.
For feeding such prisoners per day, $1, to be paid by the marshal or
other person requiring the prisoner's confinement.
For discharging such prisoners, $1.
For conveying persons to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School for
Girls, Reception Centers and Illinois Security Hospital, the following
fees, payable out of the State Treasury. When one person is conveyed,
15¢ per mile in going to the penitentiary, reformatories, Illinois State
Training School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place of
conviction; when 2 persons are conveyed at the same time, 15¢ per mile
for the first and 10¢ per mile for the second person; when more than 2
persons are conveyed at the same time as stated above, the sheriff shall
be allowed 15¢ per mile for the first, 10¢ per mile for the second and
5¢ per mile for each additional person.
The fees provided for herein for transporting persons to the
penitentiary, reformatories, Illinois State Training School for Boys,
Illinois State Training School for Girls, Reception Centers and Illinois
Security Hospital, shall be paid for each trip so made. Mileage as used
in this Section means the shortest route on a hard surfaced road,
(either State Bond Issue Route or Federal highways) or railroad,
whichever is shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls, Reception
Centers and Illinois Security Hospital, and all fees per mile shall be
computed on such basis.
In addition to the above fees, there shall be allowed to the sheriff
a fee of $600 for the sale of real estate which shall be made by virtue
of any judgment of a court. In addition to this fee and all other fees
provided by this Section, there shall be allowed to the sheriff a fee in
accordance with the following schedule for the sale of personal estate
which is made by virtue of any judgment of a
court:
For judgments up to $1,000, $90;
For judgments over $1,000 to $15,000, $275;
For judgments over $15,000, $400.
In all cases where the judgment is settled by the parties, replevied,
stopped by injunction or paid, or where the property levied upon is not
actually sold, the sheriff shall be allowed the fee for levying and
mileage, together with half the fee for all money collected by him or
her which he or she would be entitled to if the same were made by sale
in the enforcement of a judgment. In no case shall the fee exceed the
amount of money arising from the sale.
All fees collected under Sections 4-12001 and 4-12001.1 must be used for public safety purposes only.
(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
(55 ILCS 5/4-12002)
(from Ch. 34, par. 4-12002)
Sec. 4-12002. Fees of recorder in third class counties. Except as provided for in Section 4-12002.1, the fees of
the recorder in counties of the third class for recording deeds or other
instruments in writing and maps of plats of additions, subdivisions or
otherwise, and for certifying copies of records, shall be paid in advance
and shall be as follows:
For recording deeds or other instruments $20 for the first 2 pages
thereof, plus $2 for each additional page thereof. The aggregate minimum fee
for recording
any one instrument shall not be less than $20.
For recording deeds or other instruments wherein the premises
affected thereby are referred to by document number and not by legal
description the recorder shall charge a fee of $4 in addition
to that hereinabove referred to for each document number therein noted.
For recording deeds or other instruments wherein more than one tract,
parcel or lot is described and such additional tract, or tracts, parcel
or parcels, lot or lots is or are described therein as falling in a
separate or different addition or subdivision the recorder
shall charge as an additional fee, to that herein provided, the sum of
$2 for each additional addition or subdivision referred to in such deed
or instrument.
For recording any document that affects an interest in real property other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone or other public service, the recorder shall charge a fee of $1 per document to all filers of documents not filed by any State agency, any unit of local government, or any school district. Fifty cents of the $1 fee hereby established shall be deposited into the County General Revenue Fund. The remaining $0.50 shall be deposited into the County Recorder Document Storage System Fund and may not be appropriated or expended for any other purpose. The additional amounts available to the recorder for expenditure from the County Recorder Document Storage System Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder.
For recording maps or plats of additions, subdivisions or otherwise
(including the spreading of the same of record in well bound books) $100
plus $2 for each tract, parcel or lot contained therein.
For certified copies of records the same fees as for recording, but
in no case shall the fee for a certified copy of a map or plat of an
addition, subdivision or otherwise exceed $200.
For non-certified copies of records, an amount not to exceed one half of
the amount provided herein for certified copies, according to a standard scale
of fees, established by county ordinance and made public.
For filing of each release of any chattel mortgage or trust deed
which has been filed but not recorded and for indexing the same in the
book to be kept for that purpose $10.
For processing the sworn or affirmed statement required for filing a deed
or assignment of a beneficial interest in a land trust in accordance with
Section 3-5020 of this Code, $2.
The recorder shall charge an additional fee, in an amount equal to the
fee otherwise provided by law, for recording a document (other than a
document filed under the Plat Act or the Uniform Commercial Code) that does
not conform to
the following standards:
The recorder shall collect a $9 Rental Housing Support Program State surcharge for the recordation of any real estate-related document. Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate-related document by the recorder. The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder.
The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, any unit of local government or any school district.
On the 15th day of each month, each county recorder shall report
to the Department of Revenue, on a form prescribed by the Department,
the number of real estate-related documents recorded for which
the Rental Housing Support Program
State surcharge was collected. Each recorder shall submit $9 of each surcharge collected in the
preceding month to the Department of Revenue and the Department
shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program.
For purposes of this Section, "real estate-related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act.
The fee requirements of this Section apply to units of local
government and school districts.
Regardless of any other provision in this Section, the maximum fee that may
be collected from the Department of Revenue for filing or indexing a
lien, certificate of lien release or subordination, or any other type of notice
or other documentation affecting or concerning a lien is $5. Regardless of any
other provision in this Section, the maximum fee that may be collected from the
Department of Revenue for indexing each additional name in excess of
one for any lien, certificate of lien release or subordination, or any other
type of notice or other documentation affecting or concerning a lien is $1.
(Source: P.A. 100-1034, eff. 1-1-19.)
(55 ILCS 5/4-12002.1)
Sec. 4-12002.1. Predictable fee schedule for recordings in third class counties.
(a) As used in this Section:
"Nonstandard document" means:
"Standard document" means any document other than a nonstandard document.
(b) On or before January 1, 2020, a county shall adopt and implement, by ordinance or resolution, a predictable fee schedule that eliminates surcharges or fees based on the individual attributes of a standard document to be recorded. The initial predictable fee schedule approved by a county board shall be set only as allowed under subsection (c) and any subsequent predictable fee schedule approved by a county board shall be set only as allowed under subsection (d). Except as to the recording of standard documents, the fees imposed by Section 4-12002 shall remain in effect. Under a predictable fee schedule, which only applies to standard documents, no charge shall be based on: page count; number, length, or type of legal descriptions; number of tax identification or other parcel identifying code numbers; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document except as expressly provided in this Section. The fee charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State surcharge.
A predictable fee schedule ordinance or resolution adopted under this Section shall list standard document fees, including document class flat fees as required by subsection (c), and nonstandard document fees.
Before approval of an ordinance or resolution under this Section, the recorder or county clerk shall post a notice in his or her office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class flat fees for each classification, and a reference to this Section or this amendatory Act of the 100th General Assembly.
A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted.
(c) Pursuant to an ordinance or resolution adopted under subsection (b), the recorder elected as provided for in this Division shall receive such fees as are or may be provided for him or her by law, in case of provision thereof: otherwise he or she shall receive the same fees as are or may be provided in this Section except when increased by county ordinance or resolution pursuant to the provisions of this Section, to be paid to the county clerk for his or her services in the office of recorder for like services. For the purposes of the fee charged, the ordinance or resolution shall divide standard documents into the following classifications and shall establish a single, all-inclusive, county and State-imposed aggregate fee charged for each such classification of document at the time of recording for that document, which is called the document class flat fee. A standard document is not subject to more than one classification at the time of recording for the purposes of imposing any fee. Each standard document shall fall within one of the following document class flat fee classifications and fees for each document class shall be charged only as allowed by this subsection (c) and subsection (d):
(d) After a document class flat fee is approved by a county board under subsection (b), the county board may, by ordinance or resolution, increase the document class flat fee and collect the increased fees if the established fees are not sufficient to cover the costs of providing the services related to the document class for which the fee is to be increased.
Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class flat fee when the document class flat fee is not increased.
(Source: P.A. 100-1034, eff. 1-1-19.)
(55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
Sec. 4-12003. Fees of county clerk in third class counties. The fees of the county clerk in counties of the third class are:
For issuing each civil union or marriage license, sealing, filing and recording the
same and the certificate thereto (one charge), a fee to be determined by the county board of the county, not to exceed $75, which shall be the same, whether for a civil union or marriage license. $5 from all civil union and marriage license fees shall be remitted by the clerk to the State Treasurer for deposit into the Domestic Violence Fund.
For taking, certifying to and sealing the acknowledgment of a deed,
power of attorney, or other writing, $1.
For filing and entering certificates in case of estrays, and
furnishing notices for publication thereof (one charge), $1.50.
For recording all papers and documents required by law to be recorded
in the office of the county clerk, $2 plus 30¢ for every 100 words in
excess of 600 words.
For certificate and seal, not in a case in a court whereof he is
clerk, $1.
For making and certifying a copy of any record or paper in his
office, $2 for every page.
For filing papers in his office, 50¢ for each paper filed, except
that no fee shall be charged for filing a Statement of economic interest
pursuant to the Illinois Governmental Ethics Act or reports made
pursuant to Article 9 of The Election Code.
For making transcript of taxable property for the assessors, 8¢ for
each tract of land or town lot. For extending other than State and
county taxes, 8¢ for each tax on each tract or lot, and 8¢ for each
person's personal tax, to be paid by the authority for whose benefit the
transcript is made and the taxes extended. The county clerk shall
certify to the county collector the amount due from each authority for
such services and the collector in his settlement with such authority
shall reserve such amount from the amount payable by him to such
authority.
For adding and bringing forward with current tax warrants amounts due
for forfeited or withdrawn special assessments, 8¢ for each lot or tract
of land described and transcribed.
For computing and extending each assessment or installment thereof
and interest, 8¢ on each description; and for computing and extending
each penalty, 8¢ on each description. These fees shall be paid by the
city, village, or taxing body for whose benefit the transcript is made
and the assessment and penalties are extended. The county clerk shall
certify to the county collector the amount due from each city, village
or taxing body, for such services, and the collector in his settlement
with such taxing body shall reserve such amount from the amount payable
by him to such city, village or other taxing body.
For cancelling certificates of sale, $4 for each tract or lot.
For making search and report of general taxes and special assessments
for use in the preparation of estimate of cost of redemption from sales
or forfeitures or withdrawals or for use in the preparation of estimate
of cost of purchase of forfeited property, or for use in preparation of
order on the county collector for searches requested by buyers at annual
tax sale, for each lot or tract, $4 for the first year searched,
and $2 for each additional year or fraction thereof.
For preparing from tax search report estimate of cost of redemption
concerning property sold, forfeited or withdrawn for non-payment of
general taxes and special assessments, if any, $1 for each lot or
tract.
For certificate of deposit for redemption, $4.
For preparing from tax search report estimate of and order to county
collector to receive amount necessary to redeem or purchase lands or
lots forfeited for non-payment of general taxes, $3 for each lot or
tract.
For preparing from tax search report estimate of and order to county
collector to receive amount necessary to redeem or purchase lands or
lots forfeited for non-payment of special assessments, $4 for each lot
or tract.
For issuing certificate of sale of forfeited property, $10.
For noting on collector's warrants tax sales subject to redemption,
20¢ for each tract or lot of land, to be paid by either the person
making the redemption from tax sale, the person surrendering the
certificate of sale for cancellation, or the person taking out tax deed.
For noting on collector's warrant special assessments withdrawn from
collection 20¢ for each tract or lot of land, to be charged against the
lot assessed in the withdrawn special assessment when brought forward
with current tax or when redeemed by the county clerk. The county clerk
shall certify to the county collector the amount due from each city,
village or taxing body for such fees, each year, and the county
collector in his settlement with such taxing body shall reserve such
amount from the amount payable by him to such taxing body.
For taking and approving official bond of a town assessor, filing and
recording same, and issuing certificate of election or qualification to
such official or to the Secretary of State, $10, to be paid by the
officer-elect.
For certified copies of plats, 20¢ for each lot shown in copy, but no
charge less than $4.
For tax search and issuing Statement regarding same on new plats to
be recorded, $10.
For furnishing written description in conformity with permanent real
estate index number, $2 for each written description.
The following fees shall be allowed for services in matters of taxes
and assessments, and shall be charged as costs against the delinquent
property, and collected with the taxes thereon:
For entering judgment, 8¢ for each tract or lot.
For services in attending the tax sale and issuing certificates of
sale and sealing the same, $10 for each tract or lot.
For making list of delinquent lands and town lots sold, to be filed
with the State Comptroller, 10¢ for each tract or lot sold.
The following fees shall be audited and allowed by the board of
county commissioners and paid from the county treasury.
For computing State or county taxes, on each description of real
estate and each person's, firm's or corporation's personal property tax,
for each extension of each tax, 4¢, which shall include the transcribing
of the collector's books.
For computing, extending and bringing forward, and adding to the
current tax, the amount due for general taxes on lands and lots
previously forfeited to the State, for each extension of each tax, 4¢
for the first year, and for computing and extending the tax and penalty
for each additional year, 6¢.
For making duplicate or triplicate sets of books, containing
transcripts of taxable property, for the board of assessors and board of
review, 3¢ for each description entered in each book.
For filing, indexing and recording or binding each birth, death or
stillbirth certificate or report, 15¢, which fee shall be in full for
all services in connection therewith, including the keeping of accounts
with district registrars.
For posting new subdivisions or plats in official atlases, 25¢ for
each lot.
For compiling new sheets for atlases, 20¢ for each lot.
For compiling new atlases, including necessary record searches, 25¢
for each lot.
For investigating and reporting on each new plat, referred to county
clerk, $2.
For attending sessions of the board of county commissioners thereof,
$5 per day, for each clerk in attendance.
For recording proceedings of the board of county commissioners, 15¢
per 100 words.
For filing papers which must be kept in office of comptroller of Cook
County, 10¢ for each paper filed.
For filing and indexing contracts, bonds, communications, and other
such papers which must be kept in office of comptroller of Cook County,
15¢ for each document.
For swearing any person to necessary affidavits relating to the
correctness of claims against the county, 25¢.
For issuing warrants in payment of salaries, supplies and other
accounts, and all necessary auditing and bookkeeping work in connection
therewith, 10¢ each.
The fee requirements of this Section do not apply to units of local
government or school districts.
(Source: P.A. 97-4, eff. 5-31-11.)
(55 ILCS 5/4-12004) (from Ch. 34, par. 4-12004)
Sec. 4-12004.
Payment of sheriff and recorder in advance.
The
sheriff and recorder shall, in all
cases, be entitled to demand the payment of all fees for services in
advance, so far as the same can be ascertained.
(Source: P.A. 86-962.)
(55 ILCS 5/Div. 4-13 heading)
(55 ILCS 5/4-13001) (from Ch. 34, par. 4-13001)
Sec. 4-13001.
Penalty for violations.
Any county officer herein
above named, failing or refusing to pay over to the county treasurer the
fees of the office, as provided in this Article, or who knowingly demands
or receives other or greater fees than those provided by law, shall be
deemed guilty of a Class A misdemeanor.
(Source: P.A. 86-962.)