Full Text of HB3215 98th General Assembly
HB3215eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clerks of Courts Act is amended by changing | 5 | | Sections 27.2, 27.3a, and 27.3c as follows:
| 6 | | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| 7 | | Sec. 27.2. The fees of the clerks of the circuit court in | 8 | | all
counties having a population in excess of 500,000 | 9 | | inhabitants
but less than 3,000,000 inhabitants in the | 10 | | instances described in this Section
shall be as provided in | 11 | | this Section.
In those instances where a minimum and maximum | 12 | | fee is stated, counties with
more than 500,000 inhabitants but | 13 | | less than 3,000,000 inhabitants must charge
the minimum fee | 14 | | listed in this Section and may charge up to the maximum fee if
| 15 | | the county board has by resolution increased the fee.
In | 16 | | addition, the minimum fees authorized in this
Section shall | 17 | | apply to all units of local government and school districts
in | 18 | | counties with more than 3,000,000 inhabitants. The fees shall | 19 | | be paid
in advance and shall be as follows:
| 20 | | (a) Civil Cases.
| 21 | | The fee for filing a complaint, petition, or other | 22 | | pleading initiating
a civil action, with the following | 23 | | exceptions, shall be a minimum of $150
and a maximum of |
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| 1 | | $190.
| 2 | | (A) When the amount of money or damages or the | 3 | | value of personal
property claimed does not exceed | 4 | | $250, a minimum of $10 and a maximum of
$15.
| 5 | | (B) When that amount exceeds $250 but does not | 6 | | exceed $1,000, a minimum of $20 and a maximum of $40.
| 7 | | (C) When that amount exceeds $1,000 but does not | 8 | | exceed
$2500, a minimum
of $30 and a maximum of $50.
| 9 | | (D) When that amount exceeds $2500 but does not | 10 | | exceed $5,000, a minimum of $75 and a maximum of $100.
| 11 | | (D-5) When the amount exceeds $5,000 but does not | 12 | | exceed $15,000, a
minimum of $75 and a maximum of $150.
| 13 | | (E) For the exercise of eminent domain, $150. For | 14 | | each
additional lot or tract of land or right or | 15 | | interest therein subject to be
condemned, the damages | 16 | | in respect to which shall require separate
assessment | 17 | | by a jury, $150.
| 18 | | (F) No fees shall be charged by the clerk to a | 19 | | petitioner in any
order of
protection including, but | 20 | | not limited to, filing, modifying, withdrawing,
| 21 | | certifying, or
photocopying petitions for orders of | 22 | | protection, or for issuing alias summons,
or for any
| 23 | | related filing service, certifying, modifying, | 24 | | vacating, or
photocopying any
orders of protection.
| 25 | | (b) Forcible Entry and Detainer.
| 26 | | In each forcible entry and detainer case when the |
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| 1 | | plaintiff seeks
possession only or unites with his or her | 2 | | claim for possession of the property
a claim for rent or | 3 | | damages or both in the amount of $15,000 or less, a
minimum | 4 | | of $40 and a maximum of $75.
When the plaintiff unites his | 5 | | or her claim for possession with a claim for
rent or | 6 | | damages or both exceeding $15,000, a minimum of $150 and a
| 7 | | maximum of $225.
| 8 | | (c) Counterclaim or Joining Third Party Defendant.
| 9 | | When any defendant files a counterclaim as part of his | 10 | | or her
answer or otherwise or joins another party as a | 11 | | third party defendant, or
both, the defendant shall pay a | 12 | | fee for each counterclaim or third
party action in an | 13 | | amount equal to the fee he or she would have had to pay
had | 14 | | he or she brought a separate action for the relief sought | 15 | | in the
counterclaim or against the third party defendant, | 16 | | less the amount of the
appearance fee, if that has been | 17 | | paid.
| 18 | | (d) Confession of Judgment.
| 19 | | In a confession of judgment when the amount does not | 20 | | exceed $1500, a
minimum of $50 and a maximum of $60. When | 21 | | the amount exceeds
$1500, but does not exceed $5,000, $75.
| 22 | | When the amount exceeds $5,000, but does not exceed
| 23 | | $15,000, $175.
When the amount exceeds $15,000, a minimum | 24 | | of $200 and a maximum of
$250.
| 25 | | (e) Appearance.
| 26 | | The fee for filing an appearance in each civil case |
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| 1 | | shall be a minimum
of $50 and a maximum of $75,
except as | 2 | | follows:
| 3 | | (A) When the plaintiff in a forcible entry and | 4 | | detainer case seeks
possession only, a minimum of $20 | 5 | | and a maximum of $40.
| 6 | | (B) When the amount in the case does not exceed | 7 | | $1500, a minimum of
$20 and a maximum of $40.
| 8 | | (C) When the amount in the case exceeds $1500 but | 9 | | does
not exceed $15,000, a minimum of $40 and a maximum | 10 | | of $60.
| 11 | | (f) Garnishment, Wage Deduction, and Citation.
| 12 | | In garnishment affidavit, wage deduction affidavit, | 13 | | and citation
petition when the amount does not exceed | 14 | | $1,000, a minimum of $10 and a
maximum of $15; when the | 15 | | amount
exceeds $1,000 but does not exceed $5,000, a minimum | 16 | | of $20 and a maximum
of $30; and when the amount exceeds
| 17 | | $5,000, a minimum of $30 and a maximum of $50.
| 18 | | (g) Petition to Vacate
or Modify.
| 19 | | (1) Petition to vacate
or modify any final judgment or | 20 | | order of court,
except in forcible entry and detainer cases | 21 | | and small claims cases or a
petition to reopen an estate, | 22 | | to modify, terminate, or enforce a
judgment or order for | 23 | | child or spousal support, or to modify, suspend, or
| 24 | | terminate an order for withholding, if filed before 30 days | 25 | | after the entry
of the judgment or order, a minimum of $40 | 26 | | and a maximum of $50.
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| 1 | | (2) Petition to vacate
or modify any final judgment
or | 2 | | order of court, except a petition to modify, terminate, or | 3 | | enforce a
judgment or order for child or spousal support or | 4 | | to modify, suspend, or
terminate an order for withholding, | 5 | | if filed later than 30 days
after the entry of the judgment | 6 | | or order, a minimum of $60 and a maximum
of $75.
| 7 | | (3) Petition to vacate order of bond forfeiture, a | 8 | | minimum of $20
and a maximum of $40.
| 9 | | (h) Mailing.
| 10 | | When the clerk is required to mail, the fee will be a | 11 | | minimum of $6
and a maximum of $10, plus the cost of | 12 | | postage.
| 13 | | (i) Certified Copies.
| 14 | | Each certified copy of a judgment after the first, | 15 | | except in small
claims and forcible entry and detainer | 16 | | cases, a minimum of $10 and a
maximum of $15.
| 17 | | (j) Habeas Corpus.
| 18 | | For filing a petition for relief by habeas corpus, a | 19 | | minimum of $80
and a maximum of $125.
| 20 | | (k) Certification, Authentication, and Reproduction.
| 21 | | (1) Each certification or authentication for taking | 22 | | the acknowledgment
of a deed or other instrument in writing | 23 | | with the seal of office, a minimum
of $4 and a maximum of | 24 | | $6.
| 25 | | (2) Court appeals when original documents are | 26 | | forwarded, under 100 pages,
plus delivery and costs, a |
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| 1 | | minimum of $50 and a maximum of $75.
| 2 | | (3) Court appeals when original documents are | 3 | | forwarded, over 100 pages,
plus delivery and costs, a | 4 | | minimum of $120 and a maximum of $150.
| 5 | | (4) Court appeals when original documents are | 6 | | forwarded, over 200
pages, an additional fee of a minimum | 7 | | of 20 and a maximum of 25 cents
per page.
| 8 | | (5) For reproduction of any document contained in the | 9 | | clerk's files:
| 10 | | (A) First page, $2.
| 11 | | (B) Next 19 pages, 50 cents per page.
| 12 | | (C) All remaining pages, 25 cents per page.
| 13 | | (l) Remands.
| 14 | | In any cases remanded to the Circuit Court from the | 15 | | Supreme Court
or the Appellate Court for a new trial, the | 16 | | clerk shall file the remanding
order and reinstate the case | 17 | | with either its original number or a new number.
The Clerk | 18 | | shall not
charge any new or additional fee for the | 19 | | reinstatement. Upon reinstatement the
Clerk shall advise | 20 | | the parties of the reinstatement. A party shall have the
| 21 | | same right to a jury trial on remand and reinstatement as | 22 | | he or she had before
the appeal, and no additional or new | 23 | | fee or charge shall be made for a jury
trial after remand.
| 24 | | (m) Record Search.
| 25 | | For each record search, within a division or municipal | 26 | | district, the
clerk shall be entitled to a search fee of a |
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| 1 | | minimum of $4 and a maximum
of $6 for each year searched.
| 2 | | (n) Hard Copy.
| 3 | | For each page of hard copy print output, when case | 4 | | records are
maintained on an automated medium, the clerk | 5 | | shall be entitled to a fee of a
minimum of $4 and a maximum | 6 | | of $6.
| 7 | | (o) Index Inquiry and Other Records.
| 8 | | No fee shall be charged for a single | 9 | | plaintiff/defendant index inquiry
or single case record | 10 | | inquiry when this request is made in person and the
records | 11 | | are maintained in a current automated medium, and when no | 12 | | hard copy
print output is requested. The fees to be charged | 13 | | for management records,
multiple case records, and | 14 | | multiple journal records may be specified by the
Chief | 15 | | Judge pursuant to the guidelines for access and | 16 | | dissemination of
information approved by the Supreme | 17 | | Court.
| 18 | | (p) (Blank).
| 19 | | (q) Alias Summons.
| 20 | | For each alias summons or citation issued by the clerk, | 21 | | a minimum of $4
and a maximum of $5.
| 22 | | (r) Other Fees.
| 23 | | Any fees not covered in this Section shall be set by | 24 | | rule or
administrative order of the Circuit Court with the | 25 | | approval of the
Administrative Office of the Illinois | 26 | | Courts.
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| 1 | | The clerk of the circuit court may provide additional | 2 | | services for
which there is no fee specified by statute in | 3 | | connection with the operation
of the clerk's office as may | 4 | | be requested by the public and agreed to by
the clerk and | 5 | | approved by the chief judge of the circuit court. Any
| 6 | | charges for additional services shall be as agreed to
| 7 | | between the clerk and the party making the request and | 8 | | approved by the
chief judge of the circuit court. Nothing | 9 | | in this
subsection shall be construed to require any clerk | 10 | | to provide any service
not otherwise required by law.
| 11 | | (s) Jury Services.
| 12 | | The clerk shall be entitled to receive, in
addition to | 13 | | other fees allowed by law, the sum of a minimum of $192.50
| 14 | | and a maximum of $212.50, as a fee for the
services of a | 15 | | jury in every civil action not quasi-criminal in its
nature | 16 | | and not a proceeding for the exercise of the right of | 17 | | eminent
domain and in every other action wherein the right | 18 | | of trial by jury
is or may be given by law. The jury fee | 19 | | shall be paid by the party
demanding a jury at the time of | 20 | | filing the jury demand. If the fee is
not paid by either | 21 | | party, no jury shall be called in the action or
proceeding, | 22 | | and the same shall be tried by the court without a jury.
| 23 | | (t) Voluntary Assignment.
| 24 | | For filing each deed of voluntary assignment, a minimum | 25 | | of $10 and a
maximum of $20; for recording
the same, a | 26 | | minimum of 25˘ and a maximum of 50˘ for each 100 words.
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| 1 | | Exceptions filed to claims presented
to an assignee of a | 2 | | debtor who has made a voluntary assignment for the
benefit | 3 | | of creditors shall be considered and treated, for the | 4 | | purpose of
taxing costs therein, as actions in which the | 5 | | party or parties filing
the exceptions shall be considered | 6 | | as party or parties plaintiff, and
the claimant or | 7 | | claimants as party or parties defendant, and those
parties | 8 | | respectively shall pay to the clerk the same fees
as | 9 | | provided by this Section to be paid in other actions.
| 10 | | (u) Expungement Petition.
| 11 | | The clerk shall be entitled to receive a
fee of a | 12 | | minimum of $30 and a maximum of $60 for each expungement
| 13 | | petition filed and an additional fee of a minimum of $2 and | 14 | | a maximum of
$4 for each certified copy of an order to | 15 | | expunge arrest records.
| 16 | | (v) Probate.
| 17 | | The clerk is entitled to receive the fees specified in | 18 | | this subsection
(v), which shall be paid in advance, except | 19 | | that, for good cause shown, the
court may suspend, reduce, | 20 | | or release the costs payable under this subsection:
| 21 | | (1) For administration of the estate of a decedent | 22 | | (whether testate
or intestate) or of a missing person, a | 23 | | minimum of $100 and a maximum of
$150, plus the fees | 24 | | specified in
subsection (v)(3), except:
| 25 | | (A) When the value of the real and personal | 26 | | property does not exceed
$15,000, the fee shall be a |
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| 1 | | minimum of $25 and a maximum of $40.
| 2 | | (B) When (i) proof of heirship alone is made, (ii) | 3 | | a domestic or
foreign will is admitted to probate | 4 | | without administration (including
proof of heirship), | 5 | | or (iii) letters of office are issued for a particular
| 6 | | purpose without administration of the estate, the fee | 7 | | shall be a minimum of
$25 and a maximum of $40.
| 8 | | (2) For administration of the estate of a ward, a | 9 | | minimum of $50 and
a maximum of $75,
plus the fees | 10 | | specified in subsection (v)(3), except:
| 11 | | (A) When the value of the real and personal | 12 | | property does not exceed
$15,000, the fee shall be a | 13 | | minimum of $25 and a maximum of $40.
| 14 | | (B) When (i) letters of office are issued to a | 15 | | guardian of the
person or persons, but not of the | 16 | | estate or (ii) letters of office are
issued in the
| 17 | | estate of a ward without administration of the estate, | 18 | | including filing or
joining in the filing of a tax | 19 | | return or releasing a mortgage or consenting
to the | 20 | | marriage of the ward, the fee shall be a minimum of $10 | 21 | | and a
maximum
of $20.
| 22 | | (3) In addition to the fees payable under subsection | 23 | | (v)(1) or (v)(2)
of this Section, the following fees are | 24 | | payable:
| 25 | | (A) For each account (other than one final account) | 26 | | filed in the
estate of a decedent, or ward, a minimum |
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| 1 | | of $15 and a maximum of $25.
| 2 | | (B) For filing a claim in an estate when the amount | 3 | | claimed is $150
or more but less than $500, a minimum | 4 | | of $10 and a maximum of $20; when
the amount claimed is | 5 | | $500 or
more but less than $10,000, a minimum of $25 | 6 | | and a maximum of $40; when
the amount claimed is | 7 | | $10,000 or more, a minimum of $40 and a maximum of
$60; | 8 | | provided that the court in allowing a claim may add to | 9 | | the amount
allowed
the filing fee paid by the claimant.
| 10 | | (C) For filing in an estate a claim, petition, or | 11 | | supplemental
proceeding based upon an action seeking | 12 | | equitable relief including the
construction or contest | 13 | | of a will, enforcement of a contract to make a
will, | 14 | | and proceedings involving testamentary trusts or the | 15 | | appointment of
testamentary trustees, a minimum of $40 | 16 | | and a maximum of $60.
| 17 | | (D) For filing in an estate (i) the appearance of | 18 | | any person for the
purpose of consent or (ii) the | 19 | | appearance of an executor, administrator,
| 20 | | administrator to collect, guardian, guardian ad litem, | 21 | | or special
administrator, no fee.
| 22 | | (E) Except as provided in subsection (v)(3)(D), | 23 | | for filing the
appearance of any person or persons, a | 24 | | minimum of $10 and a maximum of
$30.
| 25 | | (F) For each jury demand, a minimum of $102.50 and | 26 | | a maximum of
$137.50.
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| 1 | | (G) For disposition of the collection of a judgment | 2 | | or settlement of
an action or claim for wrongful death | 3 | | of a decedent or of any cause of
action of a ward, when | 4 | | there is no other administration
of the estate, a | 5 | | minimum of $30 and a maximum of $50, less any amount
| 6 | | paid under subsection (v)(1)(B)
or (v)(2)(B) except | 7 | | that if the amount involved does not exceed
$5,000, the | 8 | | fee, including any amount paid under subsection | 9 | | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | 10 | | maximum of $20.
| 11 | | (H) For each certified copy of letters of office, | 12 | | of court order or
other certification, a minimum of $1 | 13 | | and a maximum of $2, plus a
minimum of 50˘ and a | 14 | | maximum of $1 per page in excess of 3 pages for the
| 15 | | document certified.
| 16 | | (I) For each exemplification, a minimum of $1 and a | 17 | | maximum of
$2, plus the fee for certification.
| 18 | | (4) The executor, administrator, guardian, petitioner,
| 19 | | or other interested person or his or her attorney shall pay | 20 | | the cost of
publication by the clerk directly to the | 21 | | newspaper.
| 22 | | (5) The person on whose behalf a charge is incurred for | 23 | | witness,
court reporter, appraiser, or other miscellaneous | 24 | | fee shall pay the same
directly to the person entitled | 25 | | thereto.
| 26 | | (6) The executor, administrator, guardian, petitioner,
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| 1 | | or other interested person or his attorney shall pay to the | 2 | | clerk all
postage charges incurred by the clerk in mailing | 3 | | petitions, orders,
notices, or other documents pursuant to | 4 | | the provisions of the Probate Act
of 1975.
| 5 | | (w) Criminal and Quasi-Criminal Costs and Fees.
| 6 | | (1) The clerk shall be entitled to costs from the | 7 | | defendant upon the court's judgment of guilty or grant of | 8 | | supervision on each in all criminal
and quasi-criminal | 9 | | offense cases from each person convicted or sentenced to
| 10 | | supervision therein as follows:
| 11 | | (A) Felony offenses complaints , a minimum of $80 | 12 | | and a maximum of $125.
| 13 | | (B) Misdemeanor offenses complaints , a minimum of | 14 | | $50 and a maximum of
$75.
| 15 | | (C) Business offenses offense complaints , a | 16 | | minimum of $50 and a maximum of
$75.
| 17 | | (D) Petty offenses offense complaints , a minimum | 18 | | of $50 and a maximum of
$75.
| 19 | | (E) Minor traffic or ordinance violations, $20.
| 20 | | (F) When court appearance required, $30.
| 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 $30.
| 25 | | (I) Motions to vacate ex parte judgments, whenever | 26 | | filed, a minimum
of $20 and a maximum of $30.
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| 1 | | (J) Motions to vacate judgment on forfeitures, | 2 | | whenever filed, a
minimum of $20 and a maximum of $25.
| 3 | | (K) Motions to vacate "failure to appear" or | 4 | | "failure to comply"
notices sent to the Secretary of | 5 | | State, a minimum of $20 and a maximum of
$40.
| 6 | | (2) In counties having a population of more than | 7 | | 500,000
but fewer
than 3,000,000 inhabitants, when the | 8 | | violation complaint is issued by a
municipal police | 9 | | department, the clerk shall be entitled to costs from each
| 10 | | person convicted therein as follows:
| 11 | | (A) Minor traffic or ordinance violations, $10.
| 12 | | (B) When court appearance required, $15.
| 13 | | (3) In ordinance violation cases punishable by fine | 14 | | only, the clerk
of the circuit court shall be entitled to | 15 | | receive, unless the fee is
excused upon a finding by the | 16 | | court that the defendant is indigent, in
addition to other | 17 | | fees or costs allowed or imposed by law, the sum of a
| 18 | | minimum of $50 and a maximum of $112.50
as a fee for the | 19 | | services of a jury. The jury fee shall be paid by the
| 20 | | defendant at the time of filing his or her jury demand. If | 21 | | the fee is not
so paid by the defendant, no jury shall be | 22 | | called, and the case shall be
tried by the court without a | 23 | | jury. The changes to this subsection by this amendatory Act | 24 | | of the 98th General Assembly are declarative of existing | 25 | | law.
| 26 | | (x) Transcripts of Judgment.
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| 1 | | For the filing of a transcript of judgment, the clerk | 2 | | shall be entitled
to the same fee as if it were the | 3 | | commencement of new suit.
| 4 | | (y) Change of Venue.
| 5 | | (1) For the filing of a change of case on a change of | 6 | | venue, the clerk
shall be entitled to the same fee as if it | 7 | | were the commencement of a new suit.
| 8 | | (2) The fee for the preparation and certification of a | 9 | | record on a
change of venue to another jurisdiction, when | 10 | | original documents are
forwarded, a minimum of $25 and a | 11 | | maximum of $40.
| 12 | | (z) Tax objection complaints.
| 13 | | For each tax objection complaint containing one or more | 14 | | tax
objections, regardless of the number of parcels | 15 | | involved
or the number of taxpayers joining in the | 16 | | complaint, a minimum of $25
and a maximum of $50.
| 17 | | (aa) Tax Deeds.
| 18 | | (1) Petition for tax deed, if only one parcel is | 19 | | involved, a minimum
of $150 and a maximum of $250.
| 20 | | (2) For each additional parcel, add a fee of a minimum | 21 | | of $50 and a
maximum of $100.
| 22 | | (bb) Collections.
| 23 | | (1) For all collections made of others, except the | 24 | | State and county
and except in maintenance or child support | 25 | | cases, a sum equal to a minimum
of 2.5% and a maximum of | 26 | | 3.0% of the amount collected and turned over.
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| 1 | | (2) Interest earned on any funds held by the clerk | 2 | | shall be turned
over to the county general fund as an | 3 | | earning of the office.
| 4 | | (3) For any check, draft, or other bank instrument | 5 | | returned to the clerk
for non-sufficient funds, account | 6 | | closed, or payment stopped, $25.
| 7 | | (4) In child support and maintenance cases, the clerk, | 8 | | if authorized by an
ordinance of the county board, may | 9 | | collect an annual fee of up to $36 from
the person making | 10 | | payment for maintaining child support records and the
| 11 | | processing of support orders to the State of Illinois KIDS | 12 | | system and the
recording of payments issued by the State | 13 | | Disbursement Unit for the official
record of the Court.
| 14 | | This fee shall be in addition
to and separate from amounts | 15 | | ordered to be paid as maintenance or child
support and | 16 | | shall be deposited into a Separate Maintenance and Child | 17 | | Support
Collection Fund, of which the clerk shall be the | 18 | | custodian, ex-officio, to
be used by the clerk to maintain | 19 | | child support orders and record all payments
issued by the | 20 | | State Disbursement Unit for the official record of the | 21 | | Court.
The clerk may recover from the person making the | 22 | | maintenance or child support
payment any additional cost | 23 | | incurred in the collection of this annual
fee.
| 24 | | The clerk shall also be entitled to a fee of $5 for | 25 | | certifications made
to the Secretary of State as provided | 26 | | in Section 7-703 of the Family Financial
Responsibility Law |
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| 1 | | and these fees shall also be deposited into the Separate
| 2 | | Maintenance and Child Support Collection Fund.
| 3 | | (cc) Corrections of Numbers.
| 4 | | For correction of the case number, case title, or | 5 | | attorney computer
identification number, if required by | 6 | | rule of court, on any document filed
in the clerk's office, | 7 | | to be charged against the party that filed the
document, a | 8 | | minimum of $15 and a maximum of $25.
| 9 | | (dd) Exceptions.
| 10 | | The fee requirements of this Section shall not apply to | 11 | | police
departments or other law enforcement agencies. In | 12 | | this Section, "law
enforcement agency" means an agency of | 13 | | the State or a unit of local
government which is vested by | 14 | | law or ordinance with the duty to maintain
public order and | 15 | | to enforce criminal laws or ordinances. "Law enforcement
| 16 | | agency" also means the Attorney General or any state's | 17 | | attorney.
The fee requirements of this Section shall not | 18 | | apply to any action instituted
under subsection (b) of | 19 | | Section 11-31-1 of the Illinois Municipal Code by a
private | 20 | | owner or tenant of real property within 1200 feet of a | 21 | | dangerous or
unsafe building seeking an order compelling | 22 | | the owner or owners of the building
to take any of the | 23 | | actions authorized under that subsection.
| 24 | | The fee requirements of this Section shall not apply to | 25 | | the filing of any
commitment petition or petition for an | 26 | | order authorizing the administration of psychotropic |
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| 1 | | medication or electroconvulsive therapy under the Mental | 2 | | Health and
Developmental Disabilities Code.
| 3 | | (ee) Adoptions.
| 4 | | (1) For an adoption ...............................$65
| 5 | | (2) Upon good cause shown, the court may waive the | 6 | | adoption filing fee in
a special needs adoption. The term | 7 | | "special needs adoption" shall have the
meaning ascribed to | 8 | | it by the Illinois Department of Children and Family
| 9 | | Services.
| 10 | | (ff) Adoption exemptions.
| 11 | | No fee other than that set forth in subsection (ee) | 12 | | shall be charged to any
person in connection with an | 13 | | adoption proceeding
nor may any fee be charged
for | 14 | | proceedings for the
appointment of a confidential | 15 | | intermediary under the Adoption Act.
| 16 | | (gg) Unpaid fees.
| 17 | | Unless a court ordered payment schedule is implemented | 18 | | or the fee
requirements of this Section are waived pursuant | 19 | | to court order, the clerk of
the court may add to any | 20 | | unpaid fees and costs under this Section a delinquency
| 21 | | amount equal to 5% of the unpaid fees that remain unpaid | 22 | | after 30 days, 10% of
the unpaid fees that remain unpaid | 23 | | after 60 days, and 15% of the unpaid fees
that remain | 24 | | unpaid after 90 days. Notice to those parties may be made | 25 | | by
signage posting or publication. The additional | 26 | | delinquency amounts collected under this Section shall
be |
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| 1 | | used to defray additional administrative costs incurred by | 2 | | the clerk of the
circuit court in collecting unpaid fees | 3 | | and costs.
| 4 | | (Source: P.A. 95-172, eff. 8-14-07.)
| 5 | | (705 ILCS 105/27.3a)
| 6 | | Sec. 27.3a. Fees for automated record keeping, probation | 7 | | and court services operations, and State and Conservation | 8 | | Police operations.
| 9 | | 1. The expense of establishing and maintaining automated | 10 | | record
keeping systems in the offices of the clerks of the | 11 | | circuit court shall
be borne by the county. To defray such | 12 | | expense in any county having
established such an automated | 13 | | system or which elects to establish such a
system, the county | 14 | | board may require the clerk of the circuit court in
their | 15 | | county to charge and collect a court automation fee of not less | 16 | | than
$1 nor more than $15 to be charged and collected by the | 17 | | clerk of the court.
Such fee shall be paid at the time of | 18 | | filing the first pleading, paper or
other appearance filed by | 19 | | each party in all civil cases or by the defendant
upon each | 20 | | finding of guilty or disposition of court supervision for in | 21 | | any felony, traffic, misdemeanor, municipal ordinance, or | 22 | | conservation offense
case upon a judgment of guilty or grant of | 23 | | supervision , provided that
the record keeping system which | 24 | | processes the case
category for which the fee is charged is | 25 | | automated or has been approved for
automation by the county |
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| 1 | | board, and provided further that no additional fee
shall be | 2 | | required if more than one party is presented in a single | 3 | | pleading,
paper or other appearance. Such fee shall be | 4 | | collected in the manner in
which all other fees or costs are | 5 | | collected. The changes to this subsection by this amendatory | 6 | | Act of the 98th General Assembly are declarative of existing | 7 | | law.
| 8 | | 1.1. Starting on July 6, 2012 ( the effective date of Public | 9 | | Act 97-761) this amendatory Act of the 97th General Assembly | 10 | | and pursuant to an administrative order from the chief judge of | 11 | | the circuit or the presiding judge of the county authorizing | 12 | | such collection, a clerk of the circuit court in any county | 13 | | that imposes a fee pursuant to subsection 1 of this Section | 14 | | shall also charge and collect an additional $10 operations fee | 15 | | for probation and court services department operations. | 16 | | This additional fee shall be paid by the defendant in any | 17 | | felony, traffic, misdemeanor, local ordinance, or conservation | 18 | | case upon a judgment of guilty or grant of supervision, except | 19 | | such $10 operations fee shall not be charged and collected in | 20 | | cases governed by Supreme Court Rule 529 in which the bail | 21 | | amount is $120 or less. | 22 | | 1.2. With respect to the fee imposed and collected under | 23 | | subsection 1.1 of this Section, each clerk shall transfer all | 24 | | fees monthly to the county treasurer for deposit into the | 25 | | probation and court services fund created under Section 15.1 of | 26 | | the Probation and Probation Officers Act, and such monies shall |
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| 1 | | be disbursed from the fund only at the direction of the chief | 2 | | judge of the circuit or another judge designated by the Chief | 3 | | Circuit Judge in accordance with the policies and guidelines | 4 | | approved by the Supreme Court. | 5 | | 1.5. Starting on the effective date of this amendatory Act | 6 | | of the 96th General Assembly, a clerk of the circuit court in | 7 | | any county that imposes a fee pursuant to subsection 1 of this | 8 | | Section, shall charge and collect an additional fee in an | 9 | | amount equal to the amount of the fee imposed pursuant to | 10 | | subsection 1 of this Section. This additional fee shall be paid | 11 | | by the defendant in any felony, traffic, misdemeanor, or local | 12 | | ordinance case upon a judgment of guilty or grant of | 13 | | supervision. This fee shall not be paid by the defendant for | 14 | | any conservation violation listed in subsection 1.6 of this | 15 | | Section. | 16 | | 1.6. Starting on July 1, 2012 (the effective date of Public | 17 | | Act 97-46), a clerk of the circuit court in any county that | 18 | | imposes a fee pursuant to subsection 1 of this Section shall | 19 | | charge and collect an additional fee in an amount equal to the | 20 | | amount of the fee imposed pursuant to subsection 1 of this | 21 | | Section. This additional fee shall be paid by the defendant | 22 | | upon a judgment of guilty or grant of supervision for a | 23 | | conservation violation under the State Parks Act, the | 24 | | Recreational Trails of Illinois Act, the Illinois Explosives | 25 | | Act, the Timber Buyers Licensing Act, the Forest Products | 26 | | Transportation Act, the Firearm Owners Identification Card |
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| 1 | | Act, the Environmental Protection Act, the Fish and Aquatic | 2 | | Life Code, the Wildlife Code, the Cave Protection Act, the | 3 | | Illinois Exotic Weed Act, the Illinois Forestry Development | 4 | | Act, the Ginseng Harvesting Act, the Illinois Lake Management | 5 | | Program Act, the Illinois Natural Areas Preservation Act, the | 6 | | Illinois Open Land Trust Act, the Open Space Lands Acquisition | 7 | | and Development Act, the Illinois Prescribed Burning Act, the | 8 | | State Forest Act, the Water Use Act of 1983, the Illinois | 9 | | Veteran, Youth, and Young Adult Conservation Jobs Act, the | 10 | | Snowmobile Registration and Safety Act, the Boat Registration | 11 | | and Safety Act, the Illinois Dangerous Animals Act, the Hunter | 12 | | and Fishermen Interference Prohibition Act, the Wrongful Tree | 13 | | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | 14 | | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | 15 | | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the | 16 | | Criminal Code of 1961. | 17 | | 2. With respect to the fee imposed under subsection 1 of | 18 | | this Section, each clerk shall commence such charges and | 19 | | collections upon receipt
of written notice from the chairman of | 20 | | the county board together with a
certified copy of the board's | 21 | | resolution, which the clerk shall file of
record in his office.
| 22 | | 3. With respect to the fee imposed under subsection 1 of | 23 | | this Section, such fees shall be in addition to all other fees | 24 | | and charges of such
clerks, and assessable as costs, and may be | 25 | | waived only if the judge
specifically provides for the waiver | 26 | | of the court automation fee. The
fees shall be remitted monthly |
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| 1 | | by such clerk to the county treasurer, to be
retained by him in | 2 | | a special fund designated as the court automation fund.
The | 3 | | fund shall be audited by the county auditor, and the board | 4 | | shall make
expenditure from the fund in payment of any cost | 5 | | related to the automation
of court records, including hardware, | 6 | | software, research and development
costs and personnel related | 7 | | thereto, provided that the expenditure is
approved by the clerk | 8 | | of the court and by the chief judge of the circuit
court or his | 9 | | designate.
| 10 | | 4. With respect to the fee imposed under subsection 1 of | 11 | | this Section, such fees shall not be charged in any matter | 12 | | coming to any such clerk
on change of venue, nor in any | 13 | | proceeding to review the decision of any
administrative | 14 | | officer, agency or body.
| 15 | | 5. With respect to the additional fee imposed under | 16 | | subsection 1.5 of this Section, the fee shall be remitted by | 17 | | the circuit clerk to the State Treasurer within one month after | 18 | | receipt for deposit into the State Police Operations Assistance | 19 | | Fund. | 20 | | 6. With respect to the additional fees imposed under | 21 | | subsection 1.5 of this Section, the Director of State Police | 22 | | may direct the use of these fees for homeland security purposes | 23 | | by transferring these fees on a quarterly basis from the State | 24 | | Police Operations Assistance Fund into the Illinois Law | 25 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security | 26 | | initiatives programs. The transferred fees shall be allocated, |
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| 1 | | subject to the approval of the ILEAS Executive Board, as | 2 | | follows: (i) 66.6% shall be used for homeland security | 3 | | initiatives and (ii) 33.3% shall be used for airborne | 4 | | operations. The ILEAS Executive Board shall annually supply the | 5 | | Director of State Police with a report of the use of these | 6 | | fees. | 7 | | 7. With respect to the additional fee imposed under | 8 | | subsection 1.6 of this Section, the fee shall be remitted by | 9 | | the circuit clerk to the State Treasurer within one month after | 10 | | receipt for deposit into the Conservation Police Operations | 11 | | Assistance Fund. | 12 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | 13 | | 97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; | 14 | | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
| 15 | | (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
| 16 | | Sec. 27.3c. Document storage system.
| 17 | | (a) The expense of establishing and maintaining a document | 18 | | storage
system in the offices of the circuit court clerks in | 19 | | the several counties
of this State shall be borne by the | 20 | | county. To defray the expense in any
county that elects to | 21 | | establish a document storage system and convert the
records of | 22 | | the circuit court clerk to electronic or micrographic storage,
| 23 | | the county board may require the clerk of the circuit court in | 24 | | its county
to collect a court document fee of not less than $1 | 25 | | nor more than $15, to
be charged and collected by the clerk of |
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| 1 | | the court. The fee shall be paid
at the time of filing the | 2 | | first pleading, paper, or other appearance filed
by each party | 3 | | in all civil cases or by the defendant upon each finding of | 4 | | guilty or disposition of court supervision for in any felony,
| 5 | | misdemeanor, traffic, ordinance, or conservation offense | 6 | | matter on a judgment of
guilty or grant of supervision , | 7 | | provided that the document storage system
is in place or has | 8 | | been authorized by the county board and further that no
| 9 | | additional fee shall be required if more than one party is | 10 | | presented in a
single pleading, paper, or other appearance. The | 11 | | fee shall
be collected in the manner in which all other fees or | 12 | | costs are
collected. The changes to this subsection by this | 13 | | amendatory Act of the 98th General Assembly are declarative of | 14 | | existing law.
| 15 | | (b) Each clerk shall commence charges and collections of a | 16 | | court
document fee upon receipt of written notice from the | 17 | | chairman of
the county board together with a certified copy of | 18 | | the board's resolution,
which the clerk shall file of record in | 19 | | his or her office.
| 20 | | (c) Court document fees shall be in addition to other fees | 21 | | and charges
of the clerk, shall be assessable as costs, and may | 22 | | be waived only if the
judge specifically provides for the | 23 | | waiver of the court document storage
fee. The fees shall be | 24 | | remitted monthly
by the clerk to the county treasurer, to be | 25 | | retained by the treasurer in a
special fund designated as the | 26 | | Court Document Storage Fund. The fund shall
be audited by the |
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| 1 | | county auditor, and the board shall make expenditures
from the | 2 | | fund in payment of any costs relative to the storage of court | 3 | | records,
including hardware, software, research and | 4 | | development costs, and related
personnel, provided that the | 5 | | expenditure is approved by the clerk of the
circuit court.
| 6 | | (d) A court document fee shall not be charged in any matter | 7 | | coming to
the clerk on change of venue or in any proceeding to | 8 | | review the
decision of any administrative officer, agency, or | 9 | | body.
| 10 | | (Source: P.A. 94-596, eff. 1-1-06.)
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