093_HB1534

 
                                     LRB093 06668 MKM 06802 b

 1        AN ACT concerning fees.

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

 4        Section  5.   The  Counties  Code  is amended by changing
 5    Section 4-12004 as follows:

 6        (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
 7        Sec. 4-5001.  Sheriffs;  counties  of  first  and  second
 8    class.  The  fees  of  sheriffs  in counties of the first and
 9    second class, except when increased by county ordinance under
10    this Section, shall be as follows:
11        For serving  or  attempting  to  serve  summons  on  each
12    defendant in each county, $10.
13        For  serving  or attempting to serve an order or judgment
14    granting injunctional relief in each county, $10.
15        For serving or attempting to serve each garnishee in each
16    county, $10.
17        For serving or attempting to serve an order for  replevin
18    in each county, $10.
19        For   serving   or  attempting  to  serve  an  order  for
20    attachment on each defendant in each county, $10.
21        For serving or attempting to serve a warrant  of  arrest,
22    $8, to be paid upon conviction.
23        For  returning  a  defendant  from  outside  the State of
24    Illinois, upon conviction, the court shall assess,  as  court
25    costs, the cost of returning a defendant to the jurisdiction.
26        For taking special bail, $1 in each county.
27        For  serving  or  attempting  to serve a subpoena on each
28    witness, in each county, $10.
29        For advertising property for sale, $5.
30        For returning each process, in each county, $5.
31        Mileage for each mile of necessary travel  to  serve  any
 
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 1    such  process  as Stated above, calculating from the place of
 2    holding court to the place of residence of the defendant,  or
 3    witness, 50¢ each way.
 4        For summoning each juror, $3 with 30¢ mileage each way in
 5    all counties.
 6        For serving or attempting to serve notice of judgments or
 7    levying  to  enforce a judgment, $3 with 50¢ mileage each way
 8    in all counties.
 9        For taking possession of and removing property levied on,
10    the officer shall be allowed to tax the actual cost  of  such
11    possession or removal.
12        For feeding each prisoner, such compensation to cover the
13    actual  cost  as  may  be fixed by the county board, but such
14    compensation shall not be considered a part of  the  fees  of
15    the office.
16        For  attending  before a court with prisoner, on an order
17    for habeas corpus, in each county, $10 per day.
18        For attending before a  court  with  a  prisoner  in  any
19    criminal proceeding, in each county, $10 per day.
20        For each mile of necessary travel in taking such prisoner
21    before the court as Stated above, 15¢ a mile each way.
22        For  serving  or attempting to serve an order or judgment
23    for the possession of real estate in an action  of  ejectment
24    or  in  any  other action, or for restitution in an action of
25    forcible entry and detainer without aid, $10 and when aid  is
26    necessary,  the  sheriff  shall be allowed to tax in addition
27    the actual costs thereof, and  for  each  mile  of  necessary
28    travel, 50¢ each way.
29        For  executing  and  acknowledging a deed of sale of real
30    estate, in counties of first class, $4; second class, $4.
31        For preparing, executing  and  acknowledging  a  deed  on
32    redemption  from  a  court sale of real estate in counties of
33    first class, $5; second class, $5.
34        For making certificates of sale, and  making  and  filing
 
                            -3-      LRB093 06668 MKM 06802 b
 1    duplicate, in counties of first class, $3; in counties of the
 2    second class, $3.
 3        For making certificate of redemption, $3.
 4        For  certificate  of levy and filing, $3, and the fee for
 5    recording shall be advanced  by  the  judgment  creditor  and
 6    charged as costs.
 7        For   taking  all  bonds  on  legal  process,  civil  and
 8    criminal, in counties of first class, $1;  in  second  class,
 9    $1.
10        For  executing  copies  in criminal cases, $4 and mileage
11    for each mile of necessary travel, 20¢ each way.
12        For executing requisitions from other States, $5.
13        For conveying  each  prisoner  from  the  prisoner's  own
14    county  to the jail of another county, or from another county
15    to the jail of the prisoner's county, per  mile,  for  going,
16    only, 30¢.
17        For conveying persons to the penitentiary, reformatories,
18    Illinois  State  Training  School  for  Boys,  Illinois State
19    Training  School  for  Girls  and  Reception   Centers,   the
20    following  fees,  payable out of the State Treasury. For each
21    person who is conveyed, 35¢ per mile in  going  only  to  the
22    penitentiary, reformatory, Illinois State Training School for
23    Boys,  Illinois State Training School for Girls and Reception
24    Centers, from the place of conviction.
25        The  fees  provided  for  transporting  persons  to   the
26    penitentiary,  reformatories,  Illinois State Training School
27    for Boys,  Illinois  State  Training  School  for  Girls  and
28    Reception  Centers  shall  be  paid  for  each  trip so made.
29    Mileage as used in this Section means the shortest  practical
30    route,  between  the  place  from  which  the person is to be
31    transported, to  the  penitentiary,  reformatories,  Illinois
32    State  Training  School  for  Boys,  Illinois  State Training
33    School for Girls and Reception Centers and all fees per  mile
34    shall be computed on such basis.
 
                            -4-      LRB093 06668 MKM 06802 b
 1        For conveying any person to or from any of the charitable
 2    institutions   of  the  State,  when  properly  committed  by
 3    competent authority, when one person  is  conveyed,  35¢  per
 4    mile; when two persons are conveyed at the same time, 35¢ per
 5    mile  for  the  first  person and 20¢ per mile for the second
 6    person; and 10¢ per mile for each additional person.
 7        For conveying a  person  from  the  penitentiary  to  the
 8    county jail when required by law, 35¢ per mile.
 9        For attending Supreme Court, $10 per day.
10        In  addition  to the above fees there shall be allowed to
11    the sheriff a fee of $600 for the sale of real  estate  which
12    is  made by virtue of any judgment of a court, except that in
13    the case of a sale of unimproved real estate which sells  for
14    $10,000  or  less, the fee shall be $150. In addition to this
15    fee and all other fees provided by this Section, there  shall
16    be  allowed  to  the  sheriff  a  fee  in accordance with the
17    following schedule for the sale of personal estate  which  is
18    made by virtue of any judgment of a court:
19        For judgments up to $1,000, $75;
20        For judgments from $1,001 to $15,000, $150;
21        For judgments over $15,000, $300.
22        The  foregoing  fees  allowed  by  this  Section  are the
23    maximum fees that may be collected from any officer,  agency,
24    department or other instrumentality of the State.  The county
25    board  may,  however, by ordinance, increase the fees allowed
26    by this Section and collect those  increased  fees  from  all
27    persons   and   entities   other   than  officers,  agencies,
28    departments and other instrumentalities of the State  if  the
29    increase  is  justified  by  an acceptable cost study showing
30    that the fees allowed by this Section are not  sufficient  to
31    cover the costs of providing the service.  A statement of the
32    costs  of  providing each service, program and activity shall
33    be prepared by the county board.   All  supporting  documents
34    shall be public records and subject to public examination and
 
                            -5-      LRB093 06668 MKM 06802 b
 1    audit.   All  direct  and  indirect  costs, as defined in the
 2    United States Office of Management and Budget Circular  A-87,
 3    may  be  included  in  the determination of the costs of each
 4    service, program and activity.
 5        In all  cases  where  the  judgment  is  settled  by  the
 6    parties,  replevied,  stopped by injunction or paid, or where
 7    the property levied upon is not actually  sold,  the  sheriff
 8    shall  be  allowed  his fee for levying and mileage, together
 9    with half the fee for all money collected  by  him  which  he
10    would  be entitled to if the same was made by sale to enforce
11    the judgment.  In no case shall the fee exceed the amount  of
12    money arising from the sale.
13        The  sheriff  shall,  in all cases, be entitled to demand
14    the payment of all fees for services in advance,  so  far  as
15    the fee can be ascertained.
16        The  fee  requirements  of  this  Section do not apply to
17    police departments or other law  enforcement  agencies.   For
18    the  purposes of this Section, "law enforcement agency" means
19    an agency of the State or unit of local government  which  is
20    vested  by  law or ordinance with the duty to maintain public
21    order end to enforce criminal laws.
22    (Source: P.A. 91-94, eff. 1-1-00.)