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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

COUNTIES
(55 ILCS 5/) Counties Code.

55 ILCS 5/4-3001

    (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

    (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

 
    (55 ILCS 5/Div. 4-4 heading)
Division 4-4. County Clerk Fees - First
and Second Class Counties

55 ILCS 5/4-4001

    (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
    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:
        For each official copy of any process, file, record
    
or other instrument of and pertaining to his office, 50¢ for each 100 words, and $1 additional for certifying and sealing the same.
        For filing any paper not herein otherwise provided
    
for, $1, 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 issuance of fireworks permits, $2.
        For issuance of liquor licenses, $5.
        For filing and recording of the appointment and oath
    
of each public official, $3.
        For officially certifying and sealing each copy of
    
any process, file, record or other instrument of and pertaining to his office, $1.
        For swearing any person to an affidavit, $1.
        For issuing each license in all matters except where
    
the fee for the issuance thereof is otherwise fixed, $4.
        For issuing each civil union or marriage license, the
    
certificate thereof, and for recording the same, including the recording of the parent's or guardian's consent where indicated, 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 and certifying acknowledgments to any
    
instrument, except where herein otherwise provided for, $1.
        For issuing each certificate of appointment or
    
commission, the fee for which is not otherwise fixed by law, $1.
        For cancelling tax sale and issuing and sealing
    
certificates of redemption, $3.
        For issuing order to county treasurer for redemption
    
of forfeited tax, $2.
        For trying and sealing weights and measures by county
    
standard, together with all actual expenses in connection therewith, $1.
        For services in case of estrays, $2.
        The following fees shall be allowed for services
    
attending the sale of land for taxes, and shall be charged as costs against the delinquent property and be collected with the taxes thereon:
        For services in attending the tax sale and issuing
    
certificate of sale and sealing the same, for each tract or town lot sold, $4.
        For making list of delinquent lands and town lots
    
sold, to be filed with the Comptroller, for each tract or town lot sold, 10¢.
    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, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)

55 ILCS 5/Div. 4-5

 
    (55 ILCS 5/Div. 4-5 heading)
Division 4-5. Sheriff's Fees - First
and Second Class Counties

55 ILCS 5/4-5001

    (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

 
    (55 ILCS 5/Div. 4-6 heading)
Division 4-6. County Officers' Salaries
in Counties of Less than 2,000,000 Inhabitants