Full Text of SB2752 94th General Assembly
SB2752 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2752
Introduced 1/20/2006, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED: |
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705 ILCS 105/27.1a |
from Ch. 25, par. 27.1a |
705 ILCS 105/27.3a |
from Ch. 25, par. 27.3a |
705 ILCS 105/27.3c |
from Ch. 25, par. 27.3c |
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Amends the Clerks of Courts Act. Provides for changes in fees or new fees that may be charged by a circuit clerk in counties of 500,000 inhabitants or less such as: a petition to seal records, the amount charged by the Department of State Police for sealing records; accounts or reports, $60 (now, from $10 to $25); and estate claims, not more than $60 (now, sliding scale with maximum fee of $60). Makes other related changes. Provides for the audit by an outside auditor of the court automation fund; the outside auditor may be assisted by the county auditor, if any. Effective immediately.
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A BILL FOR
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SB2752 |
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LRB094 16652 AJO 51920 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Clerks of Courts Act is amended by changing | 5 |
| Sections 27.1, 27.1a, 27.3a, and 27.3c as follows:
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| (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
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| Sec. 27.1a. Fees; counties of not more than 500,000 | 8 |
| inhabitants.
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| The fees of the clerks of the circuit court in all
counties | 10 |
| having a population of not more than
500,000 inhabitants in the | 11 |
| instances described in this Section
shall be as provided in | 12 |
| this Section.
In those instances where a minimum and maximum | 13 |
| fee is stated, the clerk of
the circuit court must charge the | 14 |
| minimum fee listed and may charge up to the
maximum fee if the | 15 |
| county board has by resolution increased the fee.
The fees | 16 |
| shall be paid in advance and
shall be as follows:
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| (a) Civil Cases.
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| The fee for filing a complaint, petition, or other | 19 |
| pleading initiating
a civil action, with the following | 20 |
| exceptions, shall be a minimum of $40 and
a maximum of | 21 |
| $160.
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| (A) When the amount of money or damages or the | 23 |
| value of personal
property claimed does not exceed | 24 |
| $250, $10.
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| (B) When that amount exceeds $250 but does not | 26 |
| exceed $500, a minimum
of $10 and a maximum of $20.
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| (C) When that amount exceeds $500 but does not | 28 |
| exceed $2500, a minimum
of $25 and a maximum of $40.
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| (D) When that amount exceeds $2500 but does not | 30 |
| exceed $15,000, a
minimum of $25 and a maximum of $75.
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| (D-1) When that amount exceeds $15,000 but does not | 32 |
| exceed $50,000, a minimum of $40 and a maximum of $160.
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| (E) For the exercise of eminent domain, a minimum | 2 |
| of $45 and
a maximum of $150. For each additional
lot | 3 |
| or tract of land or right or interest therein subject | 4 |
| to be condemned,
the damages in respect to which shall | 5 |
| require separate assessment by a
jury, a minimum of $45 | 6 |
| and a maximum of $150.
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| (a-1) Family.
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| For filing a petition under the Juvenile Court Act of | 9 |
| 1987, $25.
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| For filing a petition for a marriage license, $10.
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| For performing a marriage in court, $10.
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| For filing a petition under the Illinois Parentage Act | 13 |
| of 1984, $40.
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| (b) Forcible Entry and Detainer.
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| In each forcible entry and detainer case when the | 16 |
| plaintiff seeks
possession only or unites with his or her | 17 |
| claim for possession of the property
a claim for rent or | 18 |
| damages or both in the amount of $15,000 or less, a
minimum | 19 |
| of $10 and a maximum of $50.
When the plaintiff unites his | 20 |
| or her claim for possession with a claim for
rent or | 21 |
| damages or both exceeding $15,000, a minimum of $40 and a | 22 |
| maximum of
$160.
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| (c) Counterclaim or Joining Third Party Defendant.
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| When any defendant files a counterclaim as part of his | 25 |
| or her
answer or otherwise or joins another party as a | 26 |
| third party defendant, or
both, the defendant shall pay a | 27 |
| fee for each counterclaim or third
party action in an | 28 |
| amount equal to the fee he or she would have had to pay
had | 29 |
| he or she brought a separate action for the relief sought | 30 |
| in the
counterclaim or against the third party defendant, | 31 |
| less the amount of the
appearance fee, if that has been | 32 |
| paid.
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| (d) Confession of Judgment.
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| In a confession of judgment when the amount does not | 35 |
| exceed $1500, a
minimum of $20 and a maximum of $50.
When | 36 |
| the amount exceeds $1500, but does not exceed $15,000, a
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| minimum of $40 and a maximum of $115. When the
amount | 2 |
| exceeds $15,000, a minimum of $40 and a maximum of $200.
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| (e) Appearance.
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| The fee for filing an appearance in each civil case | 5 |
| shall be a minimum of
$15 and a maximum of $60,
except as | 6 |
| follows:
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| (A) When the plaintiff in a forcible entry and | 8 |
| detainer case seeks
possession only, a minimum of $10 | 9 |
| and a maximum of $50.
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| (B) When the amount in the case does not exceed | 11 |
| $1500, a minimum of
$10 and a maximum of $30.
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| (C) When that amount exceeds $1500 but does not | 13 |
| exceed $15,000, a
minimum of $15 and a maximum of $60.
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| (f) Garnishment, Wage Deduction, and Citation.
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| In garnishment affidavit, wage deduction affidavit, | 16 |
| and citation
petition when the amount does not exceed | 17 |
| $1,000, a minimum of $5 and a
maximum
of $15; when the | 18 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 19 |
| of $5 and a maximum of
$30; and when the amount exceeds
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| $5,000, a minimum of $5 and a maximum of $50.
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| (g) Petition to Vacate or Modify.
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| (1) Petition to vacate or modify any final judgment or | 23 |
| order of
court, except in forcible entry and detainer cases | 24 |
| and small claims cases
or a petition to reopen an estate, | 25 |
| to modify, terminate, or enforce a
judgment or order for | 26 |
| child or spousal support, or to modify, suspend, or
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| terminate an order for withholding, if filed before 30 days | 28 |
| after the entry
of the judgment or order, a minimum of $20 | 29 |
| and a maximum of $50.
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| (2) Petition to vacate or modify any final judgment or | 31 |
| order of court,
except a petition to modify, terminate, or | 32 |
| enforce a judgment or order for
child or spousal support or | 33 |
| to modify, suspend, or terminate an order for
withholding, | 34 |
| if filed later than 30 days after the entry of the judgment | 35 |
| or
order, a minimum of $20 and a maximum of $75.
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| (3) Petition to vacate order of bond forfeiture, a |
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| minimum of $10 and a
maximum of $40.
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| (h) Mailing.
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| When the clerk is required to mail, the fee will be a | 4 |
| minimum of $2 and a
maximum of $10,
plus the cost of | 5 |
| postage.
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| (i) Certified Copies.
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| Each certified copy of a judgment after the first, | 8 |
| except in small
claims and forcible entry and detainer | 9 |
| cases, a minimum of $2 and a maximum
of $10.
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| (j) Habeas Corpus.
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| For filing a petition for relief by habeas corpus, a | 12 |
| minimum of $60 and a
maximum of $100.
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| (k) Certification, Authentication, and Reproduction.
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| (1) Each certification or authentication for taking | 15 |
| the acknowledgment
of a deed or other instrument in writing | 16 |
| with the seal of office, a minimum
of $2 and a maximum of | 17 |
| $6.
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| (2) Court appeals when original documents are | 19 |
| forwarded, under 100 pages,
plus delivery and costs, a | 20 |
| minimum of $20 and a maximum of $60.
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| (3) Court appeals when original documents are | 22 |
| forwarded, over 100 pages,
plus delivery and costs, a | 23 |
| minimum of $50 and a maximum of $150.
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| (4) Court appeals when original documents are | 25 |
| forwarded, over 200
pages, an additional fee of a minimum | 26 |
| of 20 cents and a maximum of 25 cents per page.
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| (5) For reproduction of any document contained in the | 28 |
| clerk's files:
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| (A) First page, a minimum of $1 and a maximum
of | 30 |
| $2.
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| (B) Next 19 pages, 50 cents per page.
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| (C) All remaining pages, 25 cents per page.
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| (l) Remands.
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| In any cases remanded to the Circuit Court from the | 35 |
| Supreme Court
or the Appellate Court for a new trial, the | 36 |
| clerk shall file the remanding
order and reinstate the case |
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| with either its original number or a new number.
The Clerk | 2 |
| shall not charge any new or additional fee for the | 3 |
| reinstatement.
Upon reinstatement the Clerk shall advise | 4 |
| the parties of the reinstatement. A
party shall have the | 5 |
| same right to a jury trial on remand and reinstatement as
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| he or she had before the appeal, and no additional or new | 7 |
| fee or charge shall
be made for a jury trial after remand.
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| (m) Record Search.
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| For each record search, within a division or municipal | 10 |
| district, the
clerk shall be entitled to a search fee of a | 11 |
| minimum of $4 and a maximum of
$6 for each year searched.
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| (n) Hard Copy.
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| For each page of hard copy print output, when case | 14 |
| records are
maintained on an automated medium, the clerk | 15 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 16 |
| of $6.
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| (o) Index Inquiry and Other Records.
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| No fee shall be charged for a single | 19 |
| plaintiff/defendant index inquiry
or single case record | 20 |
| inquiry when this request is made in person and the
records | 21 |
| are maintained in a current automated medium, and when no | 22 |
| hard copy
print output is requested. The fees to be charged | 23 |
| for management records,
multiple case records, and | 24 |
| multiple journal records may be specified by the
Chief | 25 |
| Judge pursuant to the guidelines for access and | 26 |
| dissemination of
information approved by the Supreme | 27 |
| Court.
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| (p) (Blank).
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| a minimum of $25 and a maximum
of $50
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| (q) Alias Summons.
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| For each alias summons or citation issued by the clerk, | 32 |
| a minimum of $2
and a maximum of $5.
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| (r) Other Fees.
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| Any fees not covered in this Section shall be set by | 35 |
| rule or
administrative order of the Circuit Court with the | 36 |
| approval of the
Administrative Office of the Illinois |
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| Courts.
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| The clerk of the circuit court may provide additional | 3 |
| services for
which there is no fee specified by statute in | 4 |
| connection with the operation
of the clerk's office as may | 5 |
| be requested by the public and agreed to by
the clerk and | 6 |
| approved by the chief judge of the circuit court. Any
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| charges for additional services shall be as agreed to
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| between the clerk and the party making the request and | 9 |
| approved by the
chief judge of the circuit court. Nothing | 10 |
| in this
subsection shall be construed to require any clerk | 11 |
| to provide any service
not otherwise required by law.
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| (s) Jury Services.
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| The clerk shall be entitled to receive, in addition to | 14 |
| other fees
allowed by law, the sum of a minimum of $62.50 | 15 |
| and a maximum of $212.50, as a fee for the services of a | 16 |
| jury in
every civil action not quasi-criminal in its nature | 17 |
| and not a proceeding
for the exercise of the right of | 18 |
| eminent domain and in every other action
wherein the right | 19 |
| of trial by jury is or may be given by law. The jury fee
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| shall be paid by the party demanding a jury at the time of | 21 |
| filing the jury
demand. If the fee is not paid by either | 22 |
| party, no jury shall be called in
the action or proceeding, | 23 |
| and the same shall be tried by the court without
a jury.
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| (t) Voluntary Assignment.
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| For filing each deed of voluntary assignment, a minimum | 26 |
| of $10 and a
maximum of $20; for recording
the same, a | 27 |
| minimum of 25 cents and a maximum of 50 cents for each
100 | 28 |
| words. Exceptions filed to claims presented
to an assignee | 29 |
| of a debtor who has made a voluntary assignment for the
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| benefit of creditors shall be considered and treated, for | 31 |
| the purpose of
taxing costs therein, as actions in which | 32 |
| the party or parties filing
the exceptions shall be | 33 |
| considered as party or parties plaintiff, and
the claimant | 34 |
| or claimants as party or parties defendant, and those
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| parties respectively shall pay to the clerk the same fees
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| as provided by this Section to be paid in other actions.
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LRB094 16652 AJO 51920 b |
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| (u) Expungement Petition ; petition to seal records .
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| (1) The clerk shall be entitled to receive a fee of a | 3 |
| minimum of $15 and a
maximum of $60 for each
expungement | 4 |
| petition filed and an additional fee of a minimum of $2 and | 5 |
| a
maximum of $4 for each certified
copy of an order to | 6 |
| expunge arrest records.
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| (2) Notwithstanding any provisions of this Act to the | 8 |
| contrary, and subject to the approval of the county board, | 9 |
| the clerk may charge a fee equivalent to the cost | 10 |
| associated with the sealing of records by the clerk and the | 11 |
| Department of State Police. The clerk shall forward the | 12 |
| Department of State Police portion of the fee to the | 13 |
| Department and it shall be deposited into the State Police | 14 |
| Service Fund.
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| (v) Probate.
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| The clerk is entitled to receive the fees
specified in | 17 |
| this subsection (v), which shall be paid in advance,
except | 18 |
| that, for good cause shown, the court may suspend, reduce, | 19 |
| or
release the costs payable under this subsection:
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| (1) For administration of the estate of a decedent | 21 |
| (whether testate
or intestate) or of a missing person, a | 22 |
| minimum of $50 and a maximum of
$150, plus the fees | 23 |
| specified in
subsection (v)(3), except:
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| (A) (Blank).
When the value of the real and | 25 |
| personal property does not exceed
$15,000, the fee | 26 |
| shall be a minimum of $25 and a maximum of $40.
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| (B) When (i) proof of heirship alone is made, (ii) | 28 |
| a domestic or
foreign will is admitted to probate | 29 |
| without administration (including
proof of heirship), | 30 |
| or (iii) letters of office are issued for a particular
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| purpose without administration of the estate, the fee | 32 |
| shall be a minimum of
$10 and a maximum of $40.
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| (C) For filing a petition to sell Real Estate, when | 34 |
| the original will does not specifically authorize the | 35 |
| executor to sell real estate, $50.
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| (2) For administration of the estate of a ward, a |
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| minimum of $50 and a
maximum of $75,
plus the fees | 2 |
| specified in subsection (v)(3), except:
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| (A) (Blank).
When the value of the real and | 4 |
| personal property does not exceed
$15,000, the fee | 5 |
| shall be a minimum of $25 and a maximum of $40.
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| (B) When (i) letters of office are issued to a | 7 |
| guardian of the person
or persons,
but not of the | 8 |
| estate or (ii) letters of office are issued in the | 9 |
| estate of
a ward without administration of the estate, | 10 |
| including filing or joining in
the filing of a tax | 11 |
| return or releasing a mortgage or consenting to the
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| marriage of the ward, the fee shall be a minimum of $10 | 13 |
| and a maximum of
$20.
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| (C) For filing a Petition to sell Real Estate, $50.
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| (3) In addition to the fees payable under subsection | 16 |
| (v)(1) or (v)(2)
of this Section, the following fees are | 17 |
| payable:
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| (A) For each account or report (other than one | 19 |
| final account or report ) filed in the
estate of a | 20 |
| decedent, or ward, a fee of not more than $60
a minimum | 21 |
| of $10 and a maximum of $25 .
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| (B) For filing a claim in an estate a fee of not | 23 |
| more than $60
when the amount claimed is $150
or more | 24 |
| but less than $500, a minimum of $10 and a maximum of | 25 |
| $25;
when the amount claimed is $500 or more
but less | 26 |
| than $10,000, a minimum of $10 and a maximum of $40; | 27 |
| when
the amount claimed is $10,000 or more, a minimum | 28 |
| of $10 and a maximum of
$60; provided that the court in | 29 |
| allowing a claim may add to the
amount
allowed the | 30 |
| filing fee paid by the claimant .
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| (C) For filing in an estate a claim, petition, or | 32 |
| supplemental
proceeding based upon an action seeking | 33 |
| equitable relief including the
construction or contest | 34 |
| of a will, enforcement of a contract to make a
will, | 35 |
| and proceedings involving testamentary trusts or the | 36 |
| appointment of
testamentary trustees, a fee of not more |
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| than $60
a minimum of $40 and a maximum of $60 .
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| (D) For filing in an estate (i) the appearance of | 3 |
| any person for the
purpose of consent or (ii) the | 4 |
| appearance of an executor, administrator,
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| administrator to collect, guardian, guardian ad litem, | 6 |
| or special
administrator, no fee.
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| (E) Except as provided in subsection (v)(3)(D), | 8 |
| for filing the
appearance of any person or persons, a | 9 |
| fee of not more than $30
a minimum of $10 and a maximum | 10 |
| of $30 .
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| (F) For each jury demand, a minimum of $62.50 and a | 12 |
| maximum of
$137.50.
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| (G) For disposition of the collection of a judgment | 14 |
| or settlement of
an action or claim for wrongful death | 15 |
| of a decedent or of any cause of
action of a ward, when | 16 |
| there is no other administration of the estate, a fee | 17 |
| of not more than $50
a
minimum of $30 and a maximum of | 18 |
| $50 ,
less any amount paid under subsection (v)(1)(B) or | 19 |
| (v)(2)(B) except that if
the amount involved does not | 20 |
| exceed $5,000, the fee, including any amount
paid under | 21 |
| subsection (v)(1)(B) or (v)(2)(B), shall be a minimum | 22 |
| of $10 and a
maximum of $20 .
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| (H) For each certified copy of letters of office, | 24 |
| of court order or
other certification, a minimum of $1 | 25 |
| and a maximum of $2, plus a
minimum of 50 cents and a | 26 |
| maximum of $1 per page in excess of 3 pages
for the
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| document certified.
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| (I) For each exemplification, a minimum of $1 and a | 29 |
| maximum of $2, plus the fee for certification.
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| (4) The executor, administrator, guardian, petitioner,
| 31 |
| or other interested person or his or her attorney shall pay | 32 |
| the cost of
publication by the clerk directly to the | 33 |
| newspaper.
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| (5) The person on whose behalf a charge is incurred for | 35 |
| witness,
court reporter, appraiser, or other miscellaneous | 36 |
| fee shall pay the same
directly to the person entitled |
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| thereto.
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| (6) The executor, administrator, guardian, petitioner, | 3 |
| or other
interested person or his or her attorney shall pay | 4 |
| to the clerk all postage
charges incurred by the clerk in | 5 |
| mailing petitions, orders, notices, or
other documents | 6 |
| pursuant to the provisions of the Probate Act of 1975.
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| (w) Criminal and Quasi-Criminal Costs and Fees.
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| (1) The clerk shall be entitled to costs in all | 9 |
| criminal
and quasi-criminal cases from each person | 10 |
| convicted or sentenced to
supervision therein as follows:
| 11 |
| (A) Felony complaints, a minimum of $40 and a | 12 |
| maximum of $100.
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| (B) Misdemeanor complaints, a minimum of $25 and a | 14 |
| maximum of $75.
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| (C) Business offense complaints, a minimum of $25 | 16 |
| and a maximum of
$75.
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| (D) Petty offense complaints, a minimum of $25 and | 18 |
| a maximum of $75.
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| (E) Minor traffic or ordinance violations, $10.
| 20 |
| (F) When court appearance required, $15.
| 21 |
| (G) Motions to vacate or amend final orders, a | 22 |
| minimum of $20 and a
maximum of $40.
| 23 |
| (H) Motions to vacate bond forfeiture orders, a | 24 |
| minimum of $20 and
a maximum of $40.
| 25 |
| (I) Motions to vacate ex parte judgments, whenever | 26 |
| filed, a minimum of
$20 and a maximum of $40.
| 27 |
| (J) Motions to vacate judgment on forfeitures, | 28 |
| whenever filed, a
minimum of $20 and a maximum of $40.
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| (K) Motions to vacate "failure to appear" or | 30 |
| "failure to comply"
notices sent to the Secretary of | 31 |
| State, a minimum of $20 and a maximum of
$40.
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| (2) In counties having a population of not
more
than | 33 |
| 500,000 inhabitants, when the violation complaint is
| 34 |
| issued by a
municipal police department, the clerk shall be | 35 |
| entitled to costs from each
person convicted therein as | 36 |
| follows:
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| (A) Minor traffic or ordinance violations, $10.
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| (B) When court appearance required, $15.
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| (3) In ordinance violation cases punishable by fine | 4 |
| only, the clerk
of the circuit court shall be entitled to | 5 |
| receive, unless the fee is
excused upon a finding by the | 6 |
| court that the defendant is indigent, in
addition to other | 7 |
| fees or costs allowed or imposed by law, the sum of a
| 8 |
| minimum of $62.50 and a maximum of $137.50
as a fee for the | 9 |
| services of a jury. The jury fee shall be paid by the
| 10 |
| defendant at the time of filing his or her jury demand. If | 11 |
| the fee is not
so paid by the defendant, no jury shall be | 12 |
| called, and the case shall be
tried by the court without a | 13 |
| jury.
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| (x) Transcripts of Judgment.
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| For the filing of a transcript of judgment, the clerk | 16 |
| shall be entitled
to the same fee as if it were the | 17 |
| commencement of a new suit.
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| (y) Change of Venue.
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| (1) For the filing of a change of case on a change of | 20 |
| venue, the clerk
shall be entitled to the same fee as if it | 21 |
| were the commencement of a new suit.
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| (2) The fee for the preparation and certification of a | 23 |
| record on a
change of venue to another jurisdiction, when | 24 |
| original documents are
forwarded, a minimum of $10 and a | 25 |
| maximum of $40.
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| (z) Tax objection complaints.
| 27 |
| For each tax objection complaint containing one or more | 28 |
| tax
objections, regardless of the number of parcels | 29 |
| involved or the number of
taxpayers joining on the | 30 |
| complaint, a minimum of $10 and a maximum of $50.
| 31 |
| (aa) Tax Deeds.
| 32 |
| (1) Petition for tax deed, if only one parcel is | 33 |
| involved, a minimum of
$45 and a maximum of $200.
| 34 |
| (2) For each additional parcel, add a fee of a minimum | 35 |
| of $10 and a
maximum of $60.
| 36 |
| (bb) Collections.
|
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LRB094 16652 AJO 51920 b |
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| 1 |
| (1) For all collections made for
of others, except the | 2 |
| State and county
and except in maintenance or child support | 3 |
| cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | 4 |
| of
the amount collected and turned over.
| 5 |
| (2) Interest earned on any funds held by the clerk , | 6 |
| including funds held for others, shall be turned
over to | 7 |
| the county general fund as an earning of the office.
| 8 |
| (3) For any check, draft, or other bank instrument | 9 |
| returned to the
clerk for non-sufficient funds, account | 10 |
| closed, or
payment stopped, $25.
| 11 |
| (4) In child support and maintenance cases, the clerk, | 12 |
| if authorized by an
ordinance of the county board, may | 13 |
| collect an annual fee of up to $36 from
the person making | 14 |
| payment for maintaining child support records and the
| 15 |
| processing of support orders to the State of Illinois KIDS | 16 |
| system and the
recording of payments issued by the State | 17 |
| Disbursement Unit for the official
record of the Court. | 18 |
| This fee shall be in addition
to and separate from amounts | 19 |
| ordered to be paid as maintenance or child
support and | 20 |
| shall be deposited into a Separate Maintenance and Child | 21 |
| Support
Collection Fund, of which the clerk shall be the | 22 |
| custodian, ex-officio, to
be used by the clerk to maintain | 23 |
| child support orders and record all payments
issued by the | 24 |
| State Disbursement Unit for the official record of the | 25 |
| Court.
The clerk may recover from the person making the | 26 |
| maintenance or child support
payment any additional cost | 27 |
| incurred in the collection of this annual
fee.
| 28 |
| The clerk shall also be entitled to a fee of $5 for | 29 |
| certifications made
to the Secretary of State as provided | 30 |
| in Section 7-703 of the Family
Financial Responsibility Law | 31 |
| and these fees shall also be deposited into the
Separate | 32 |
| Maintenance and Child Support Collection Fund.
| 33 |
| (cc) Corrections of Numbers.
| 34 |
| For correction of the case number, case
title, or | 35 |
| attorney computer identification number, if required by | 36 |
| rule of
court, on any document filed in the clerk's office, |
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LRB094 16652 AJO 51920 b |
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| 1 |
| to be charged against
the party that filed the document, a | 2 |
| minimum of $10 and a maximum of $25.
| 3 |
| (dd) Exceptions.
| 4 |
| (1) The fee requirements of this Section shall not | 5 |
| apply to police
departments or other law enforcement | 6 |
| agencies. In this Section, "law
enforcement agency" means | 7 |
| an agency of the State or a unit of local
government which | 8 |
| is vested by law or ordinance with the duty to maintain
| 9 |
| public order and to enforce criminal laws or ordinances. | 10 |
| "Law enforcement
agency" also means the Attorney General or | 11 |
| any state's attorney.
| 12 |
| (2) No fee provided herein shall be charged to any unit | 13 |
| of local
government or school district.
| 14 |
| (3) The fee requirements of this Section shall not | 15 |
| apply to any action
instituted under subsection (b) of | 16 |
| Section 11-31-1 of the Illinois Municipal
Code by a private | 17 |
| owner or tenant of real property within 1200 feet of a
| 18 |
| dangerous or unsafe building seeking an order compelling | 19 |
| the owner or owners of
the building to take any of the | 20 |
| actions authorized under that subsection.
| 21 |
| (4) The fee requirements of this Section shall not | 22 |
| apply to the filing of
any
commitment petition or petition | 23 |
| for an order authorizing the administration of
authorized
| 24 |
| involuntary treatment in the form of medication under the | 25 |
| Mental Health and
Developmental Disabilities Code.
| 26 |
| (ee) Adoptions.
| 27 |
| (1) For an adoption ..............................$65
| 28 |
| (2) Upon good cause shown, the court may waive the | 29 |
| adoption filing fee in
a special needs adoption. The term | 30 |
| "special needs adoption" shall have the
meaning ascribed to | 31 |
| it by the Illinois Department of Children and Family
| 32 |
| Services.
| 33 |
| (ff) Adoption exemptions.
| 34 |
| No fee other than that set forth in subsection (ee) | 35 |
| shall be charged to any
person in connection with an | 36 |
| adoption proceeding nor may any fee be charged for
|
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LRB094 16652 AJO 51920 b |
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| 1 |
| proceedings for the appointment of a confidential | 2 |
| intermediary under the
Adoption Act.
| 3 |
| (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | 4 |
| eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | 5 |
| revised 9-5-03.)
| 6 |
| (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
| 7 |
| Sec. 27.3a. Fees for automated record keeping.
| 8 |
| 1. The expense of establishing and maintaining automated | 9 |
| record
keeping systems in the offices of the clerks of the | 10 |
| circuit court shall
be borne by the county. To defray such | 11 |
| expense in any county having
established such an automated | 12 |
| system or which elects to establish such a
system, the county | 13 |
| board may require the clerk of the circuit court in
their | 14 |
| county to charge and collect a court automation fee of not less | 15 |
| than
$1 nor more than $15 to be charged and collected by the | 16 |
| clerk of the court.
Such fee shall be paid at the time of | 17 |
| filing the first pleading, paper or
other appearance filed by | 18 |
| each party in all civil cases or by the defendant
in any | 19 |
| felony, traffic, misdemeanor, municipal ordinance, or | 20 |
| conservation
case upon a judgment of guilty or grant of | 21 |
| supervision, provided that
the record keeping system which | 22 |
| processes the case
category for which the fee is charged is | 23 |
| automated or has been approved for
automation by the county | 24 |
| board, and provided further that no additional fee
shall be | 25 |
| required if more than one party is presented in a single | 26 |
| pleading,
paper or other appearance. Such fee shall be | 27 |
| collected in the manner in
which all other fees or costs are | 28 |
| collected.
| 29 |
| 2. Each clerk shall commence such charges and collections | 30 |
| upon receipt
of written notice from the chairman of the county | 31 |
| board together with a
certified copy of the board's resolution, | 32 |
| which the clerk shall file of
record in his office.
| 33 |
| 3. Such fees shall be in addition to all other fees and | 34 |
| charges of such
clerks, and assessable as costs, and may be | 35 |
| waived only if the judge
specifically provides for the waiver |
|
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LRB094 16652 AJO 51920 b |
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| 1 |
| of the court automation fee. The
fees shall be remitted monthly | 2 |
| by such clerk to the county treasurer, to be
retained by him in | 3 |
| a special fund designated as the court automation fund.
The | 4 |
| fund shall be audited by the outside auditor retained for the | 5 |
| purpose of conducting the circuit clerk audit as detailed in | 6 |
| Section 27.8. The auditor may be assisted by the county | 7 |
| auditor, if any, and the board shall make
expenditure from the | 8 |
| fund in payment of any cost related to the automation
of court | 9 |
| records, including hardware, software, research and | 10 |
| development
costs and personnel related thereto, provided that | 11 |
| the expenditure is
approved by the clerk of the court and by | 12 |
| the chief judge of the circuit
court or his designate.
| 13 |
| 4. Such fees shall not be charged in any matter coming to | 14 |
| any such clerk
on change of venue, nor in any proceeding to | 15 |
| review the decision of any
administrative officer, agency or | 16 |
| body.
| 17 |
| (Source: P.A. 94-595, eff. 1-1-06.)
| 18 |
| (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
| 19 |
| Sec. 27.3c. Document storage system.
| 20 |
| (a) The expense of establishing and maintaining a document | 21 |
| storage
system in the offices of the circuit court clerks in | 22 |
| the several counties
of this State shall be borne by the | 23 |
| county. To defray the expense in any
county that elects to | 24 |
| establish a document storage system and convert the
records of | 25 |
| the circuit court clerk to electronic or micrographic storage,
| 26 |
| the county board may require the clerk of the circuit court in | 27 |
| its county
to collect a court document fee of not less than $1 | 28 |
| nor more than $15, to
be charged and collected by the clerk of | 29 |
| the court. The fee shall be paid
at the time of filing the | 30 |
| first pleading, paper, or other appearance filed
by each party | 31 |
| in all civil cases or by the defendant in any felony,
| 32 |
| misdemeanor, traffic, ordinance, or conservation matter on a | 33 |
| judgment of
guilty or grant of supervision, provided that the | 34 |
| document storage system
is in place or has been authorized by | 35 |
| the county board and further that no
additional fee shall be |
|
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SB2752 |
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LRB094 16652 AJO 51920 b |
|
| 1 |
| required if more than one party is presented in a
single | 2 |
| pleading, paper, or other appearance. The fee shall
be | 3 |
| collected in the manner in which all other fees or costs are
| 4 |
| collected.
| 5 |
| (b) Each clerk shall commence charges and collections of a | 6 |
| court
document fee upon receipt of written notice from the | 7 |
| chairman of
the county board together with a certified copy of | 8 |
| the board's resolution,
which the clerk shall file of record in | 9 |
| his or her office.
| 10 |
| (c) Court document fees shall be in addition to other fees | 11 |
| and charges
of the clerk, shall be assessable as costs, and may | 12 |
| be waived only if the
judge specifically provides for the | 13 |
| waiver of the court document storage
fee. The fees shall be | 14 |
| remitted monthly
by the clerk to the county treasurer, to be | 15 |
| retained by the treasurer in a
special fund designated as the | 16 |
| Court Document Storage Fund. The fund shall
be audited by the | 17 |
| outside auditor retained for the purpose of conducting the | 18 |
| circuit clerk audit as referenced in Section 27.8. The auditor | 19 |
| may be assisted by the county auditor, if any, and the board | 20 |
| shall make expenditures
from the fund in payment of any costs | 21 |
| relative to the storage of court records,
including hardware, | 22 |
| software, research and development costs, and related
| 23 |
| personnel, provided that the expenditure is approved by the | 24 |
| clerk of the
circuit court.
| 25 |
| (d) A court document fee shall not be charged in any matter | 26 |
| coming to
the clerk on change of venue or in any proceeding to | 27 |
| review the
decision of any administrative officer, agency, or | 28 |
| body.
| 29 |
| (Source: P.A. 94-596, eff. 1-1-06.)
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
|
|