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| [ Introduced ] | [ House Amendment 002 ] |
91_HB1925eng HB1925 Engrossed LRB9104191DJcd 1 AN ACT to amend the Clerks of Courts Act by changing 2 Sections 8, 27.1, 27.1a, 27.2, 27.2a, and 27.3c. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Clerks of Courts Act is amended by 6 changing Sections 8, 27.1, 27.1a, 27.2, 27.2a, and 27.3c as 7 follows: 8 (705 ILCS 105/8) (from Ch. 25, par. 8) 9 Sec. 8. The clerks shall, in all cases, attend in person 10 to the duties of their offices, respectively, when it is 11 practicable so to do, and shall perform all the duties 12 thereof which can reasonably be performed by one person. In 13 the performance of the duties of the office of clerk of the 14 circuit court, any such clerk, after filing with the 15 Secretary of State his or her manual signature certified by 16 him or her under oath, may execute or cause to be executed 17 with a facsimile signature, in lieu of his or her original 18 signature, all forms of process and notices issued by his or 19 her office. 20 "Facsimile signature" means a reproduction by engraving, 21 imprinting, stamping, electronic or digital execution, or 22 other means of the manual signature of an authorized officer. 23 When the seal of the clerk of the circuit court is 24 required in the execution of any process or notice issued by 25 the clerk's office, the clerk may cause the seal to be 26 printed, engraved, stamped, or electronically or digitally 27 imprinted, or otherwise placed in facsimile thereon. The 28 facsimile seal has the same effect as the impression of the 29 seal. 30 (Source: P.A. 83-346.) HB1925 Engrossed -2- LRB9104191DJcd 1 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 2 Sec. 27.1. The fees of the Clerk of the Circuit Court in 3 all counties having a population of 180,000 inhabitants or 4 less shall be paid in advance, except as otherwise provided, 5 and shall be as follows: 6 (a) Civil Cases 7 (1) All civil cases except as otherwise 8 provided........................................... $40 9 (2) Judicial Sales (except Probate).......... $40 10 (b) Family 11 (1) Commitment petitions under the Mental 12 Health and Developmental Disabilities Code, filing 13 transcript of commitment proceedings held in 14 another county, and cases under the Juvenile Court 15 Act of 1987........................................ $25 16 (2) Petition for Marriage Licenses........... $10 17 (3) Marriages in Court....................... $10 18 (4) Paternity................................ $40 19 (c) Criminal and Quasi-Criminal 20 (1) Each person convicted of a felony........ $40 21 (2) Each person convicted of a misdemeanor, 22 leaving scene of an accident, driving while 23 intoxicated, reckless driving or drag racing, 24 driving when license revoked or suspended, 25 overweight, or no interstate commerce certificate, 26 or when the disposition is court supervision....... $25 27 (3) Each person convicted of a business 28 offense............................................ $25 29 (4) Each person convicted of a petty offense. $25 30 (5) Minor traffic, conservation, or 31 ordinance violation, including 32 without limitation when the disposition is 33 court supervision: 34 (i) For each offense.................... $10 HB1925 Engrossed -3- LRB9104191DJcd 1 (ii) For each notice sent to the 2 defendant's last known address pursuant to 3 subsection (c) of Section 6-306.4 of the Illinois 4 Vehicle Code....................................... $2 5 (iii) For each notice sent to the 6 Secretary of State pursuant to subsection (c) of 7 Section 6-306.4 of the Illinois Vehicle Code....... $2 8 (6) When Court Appearance required........... $15 9 (7) Motions to vacate or amend final orders.. $10 10 (8) In ordinance violation cases punishable 11 by fine only, the clerk of the circuit court shall 12 be entitled to receive, unless the fee is excused 13 upon a finding by the court that the defendant is 14 indigent, in addition to other fees or costs 15 allowed or imposed by law, the sum of $50 as a fee 16 for the services of a jury. The jury fee shall be 17 paid by the defendant at the time of filing his or 18 her jury demand. If the fee is not so paid by the 19 defendant, no jury shall be called, and the case 20 shall be tried by the court without a jury. 21 (d) Other Civil Cases 22 (1) Money or personal property claimed does 23 not exceed $500.................................... $10 24 (2) Exceeds $500 but not more than $10,000... $25 25 (3) Exceeds $10,000, when relief in addition 26 to or supplemental to recovery of money alone is 27 sought in an action to recover personal property 28 taxes or retailers occupational tax regardless of 29 amount claimed..................................... $45 30 (4) The Clerk of the Circuit Court shall be 31 entitled to receive, in addition to other fees 32 allowed by law, the sum of $50, as a fee for the 33 services of a jury in every civil action not 34 quasi-criminal in its nature and not a proceeding HB1925 Engrossed -4- LRB9104191DJcd 1 for the exercise of the right of eminent domain, 2 and in every equitable action wherein the right of 3 trial by jury is or may be given by law. The jury 4 fee shall be paid by the party demanding a jury at 5 the time of filing his jury demand. If such a fee 6 is not paid by either party, no jury shall be 7 called in the action, suit, or proceeding, and the 8 same shall be tried by the court without a jury. 9 (e) Confession of judgment and answer 10 (1) When the amount does not exceed $1,000... $20 11 (2) Exceeds $1,000........................... $40 12 (f) Auxiliary Proceedings 13 Any auxiliary proceeding relating to the 14 collection of a money judgment, including 15 garnishment, citation, or wage deduction action.... $5 16 (g) Forcible entry and detainer 17 (1) For possession only or possession and 18 rent not in excess of $10,000...................... $10 19 (2) For possession and rent in excess of 20 $10,000............................................ $40 21 (h) Eminent Domain 22 (1) Exercise of Eminent Domain............... $45 23 (2) For each and every lot or tract of land 24 or right or interest therein subject to be 25 condemned, the damages in respect to which shall 26 require separate assessments by a jury............. $45 27 (i) Reinstatement 28 Each case including petition for modification 29 of a judgment or order of Court if filed later than 30 30 days after the entry of a judgment or order, 31 except in forcible entry and detainer cases and 32 small claims and except a petition to modify, 33 terminate, or enforce a judgement or order for 34 child or spousal support or to modify, suspend, or HB1925 Engrossed -5- LRB9104191DJcd 1 terminate an order for withholding, petition to 2 vacate judgment of dismissal for want of 3 prosecution whenever filed, petition to reopen an 4 estate, or redocketing of any cause................ $20 5 (j) Probate 6 (1) Administration of decedent's estates, 7 whether testate or intestate, guardianships of the 8 person or estate or both of a person under legal 9 disability, guardianships of the person or estate 10 or both of a minor or minors, or petitions to sell 11 real estate in the administration of any estate.... $50 12 (2) Small estates in cases where the real and 13 personal property of an estate does not exceed 14 $5,000............................................. $25 15 (3) At any time during the administration of 16 the estate, however, at the request of the Clerk, 17 the Court shall examine the record of the estate 18 and the personal representative to determine the 19 total value of the real and personal property of 20 the estate, and if such value exceeds $5,000 shall 21 order the payment of an additional fee in the 22 amount of.......................................... $40 23 (4) Inheritance tax proceedings.............. $15 24 (5) Issuing letters only for a certain 25 specific reason other than the administration of an 26 estate, including but not limited to the release of 27 mortgage; the issue of letters of guardianship in 28 order that consent to marriage may be granted or 29 for some other specific reason other than for the 30 care of property or person; proof of heirship 31 without administration; or when a will is to be 32 admitted to probate, but the estate is to be 33 settled without administration..................... $10 34 (6) When a separate complaint relating to any HB1925 Engrossed -6- LRB9104191DJcd 1 matter other than a routine claim is filed in an 2 estate, the required additional fee shall be 3 charged for such filing............................ $45 4 (k) Change of Venue 5 From a court, the charge is the same amount as 6 the original filing fee; however, the fee for 7 preparation and certification of record on change 8 of venue, when original documents or copies are 9 forwarded.......................................... $10 10 (l) Answer, adverse pleading, or appearance 11 in civil cases.................. $15 12 With the following exceptions: 13 (1) When the amount does not exceed $500..... $5 14 (2) When amount exceeds $500 but not $10,000. $10 15 (3) When amount exceeds $10,000.............. $15 16 (4) Court appeals when documents are 17 forwarded, over 200 pages, additional fee per page 18 over 200........................................... 10¢ 19 (m) Tax objection complaints 20 For each tax objection complaint containing 21 one or more tax objections, regardless of the 22 number of parcels involved or the number of 23 taxpayers joining the complaint.................... $10 24 (n) Tax deed 25 (1) Petition for tax deed, if only one parcel 26 is involved........................................ $45 27 (2) For each additional parcel involved, an 28 additional fee of.................................. $10 29 (o) Mailing Notices and Processes 30 (1) All notices that the clerk is required to 31 mail as first class mail........................... $2 32 (2) For all processes or notices the Clerk is 33 required to mail by certified or registered mail, 34 the fee will be $2 plus cost of postage. HB1925 Engrossed -7- LRB9104191DJcd 1 (p) Certification or Authentication 2 (1) Each certification or authentication for 3 taking the acknowledgement of a deed or other 4 instrument in writing with seal of office.......... $2 5 (2) Court appeals when original documents are 6 forwarded, 100 pages or under, plus delivery costs. $25 7 (3) Court appeals when original documents are 8 forwarded, over 100 pages, plus delivery costs..... $60 9 (4) Court appeals when original documents are 10 forwarded, over 200 pages, additional fee per page 11 over 200........................................... 10¢ 12 (q) Reproductions 13 Each record of proceedings and judgment, 14 whether on appeal, change of venue, certified 15 copies of orders and judgments, and all other 16 instruments, documents, records, or papers: 17 (1) First page.......................... $1 18 (2) Next 19 pages, per page............. 50¢ 19 (3) All remaining pages, per page....... 25¢ 20 (r) Counterclaim 21 When any defendant files a counterclaim as 22 part of his or her answer or otherwise, or joins 23 another party as a third party defendant, or both, 24 he or she shall pay a fee for each such 25 counterclaim or third party action in an amount 26 equal to the fee he or she would have had to pay 27 had he or she brought a separate action for the 28 relief sought in the counterclaim or against the 29 third party defendant, less the amount of the 30 appearance fee, if that has been paid. 31 (s) Transcript of Judgment 32 From a court, the same fee as if case 33 originally filed. 34 (t) Publications HB1925 Engrossed -8- LRB9104191DJcd 1 The cost of publication shall be paid directly 2 to the publisher by the person seeking the 3 publication, whether the clerk is required by law 4 to publish, or the parties to the action. 5 (u) Collections 6 (1) For all collections made for others, 7 except the State and County and except in 8 maintenance or child support cases, a sum equal to 9 2% of the amount collected and turned over. 10 (2) In any cases remanded to the Circuit 11 Court from the Supreme Court or the Appellate 12 Court, the Clerk shall file the remanding order and 13 reinstate the case with either its original number 14 or a new number. The Clerk shall not charge any 15 new or additional fee for the reinstatement. Upon 16 reinstatement the Clerk shall advise the parties of 17 the reinstatement. A party shall have the same 18 right to a jury trial on remand and reinstatement 19 as he or she had before the appeal, and no 20 additional or new fee or charge shall be made for a 21 jury trial after remand. 22 (3) In maintenance and child support matters, 23 the Clerk may deduct from each payment an amount 24 equal to the United States postage to be used in 25 mailing the maintenance or child support check to 26 the recipient. In such cases, the Clerk shall 27 collect an annual fee of up to $36 from the person 28 making such payment for administering the 29 collection and distribution of maintenance and 30 child support payments. Such sum shall be in 31 addition to and separate from amounts ordered to be 32 paid as maintenance or child support and shall be 33 deposited in a separate Maintenance and Child 34 Support Collection Fund of which the Clerk shall be HB1925 Engrossed -9- LRB9104191DJcd 1 the custodian, ex officio, to be used by the Clerk 2 to further maintenance and child support collection 3 efforts in his office. Unless paid in cash or 4 pursuant to an order for withholding, the payment 5 of the fee shall be by a separate instrument from 6 the support payment and shall be made to the order 7 of the Clerk. The Clerk may recover from the person 8 making the maintenance or child support payment any 9 additional cost incurred in the collection of this 10 annual fee. 11 The Clerk shall also be entitled to a fee of 12 $5 for certifications made to the Secretary of 13 State as provided in Section 7-703 of the Family 14 Financial Responsibility Law and these fees shall 15 also be deposited into the Separate Maintenance and 16 Child Support Collection Fund. 17 (v) Correction of Cases 18 For correcting the case number or case title 19 on any document filed in his office, to be charged 20 against the party that filed the document.......... $10 21 (w) Record Search 22 For searching a record, per year searched..... $4 23 (x) Printed Output 24 For each page of hard copy print output, when 25 case records are maintained on an automated medium. $2 26 (y) Alias Summons 27 For each alias summons issued................. $2 28 (z) Expungement of Records 29 For each expungement petition filed........... $15 30 (aa) Other Fees 31 Any fees not covered by this Section shall be set by 32 rule or administrative order of the Circuit Court, with 33 the approval of the Supreme Court. 34 (bb) Exemptions HB1925 Engrossed -10- LRB9104191DJcd 1 No fee provided for herein shall be charged to any 2 unit of State or local government or school district 3 unless the Court orders another party to pay such fee on 4 its behalf. The fee requirements of this Section shall 5 not apply to police departments or other law enforcement 6 agencies. In this Section, "law enforcement agency" 7 means an agency of the State or a unit of local 8 government that is vested by law or ordinance with the 9 duty to maintain public order and to enforce criminal 10 laws and ordinances. The fee requirements of this Section 11 shall not apply to any action instituted under subsection 12 (b) of Section 11-31-1 of the Illinois Municipal Code by 13 a private owner or tenant of real property within 1200 14 feet of a dangerous or unsafe building seeking an order 15 compelling the owner or owners of the building to take 16 any of the actions authorized under that subsection. 17 (cc) Adoptions 18 (1) For an adoption.............................$65 19 (2) Upon good cause shown, the court may waive the 20 adoption filing fee in a special needs adoption. The 21 term "special needs adoption" shall have the meaning 22 ascribed to it by the Illinois Department of Children and 23 Family Services. 24 (3) For requesting a copy of a judgment for 25 adoption, relief from a final judgment or order, 26 appointment of a confidential intermediary, or requesting 27 non-identifying information...........................$40 28 (dd) Adoption exemptions 29 No fee other than that set forth in subsection (cc) 30 shall be charged to any person in connection with an 31 adoption proceeding. 32 (ee) Additional Services 33 Beginning July 1, 1993, the clerk of the circuit 34 court may provide such additional services for which HB1925 Engrossed -11- LRB9104191DJcd 1 there is no fee specified by statute in connection with 2 the operation of the clerk's office as may be requested 3 by the public and agreed to by the public and by the 4 clerk. Any charges for additional services shall be as 5 agreed to between the clerk and the party making the 6 request.Nothing in this subsection shall be as agreed to7between the clerk and the party making the request.8 Nothing in this subsection shall be construed to require 9 any clerk to provide any service not otherwise required 10 by law. 11 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 12 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised 13 12-31-98.) 14 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 15 Sec. 27.1a. The fees of the clerks of the circuit court 16 in all counties having a population in excess of 180,000 but 17 not more than 650,000 inhabitants in the instances described 18 in this Section shall be as provided in this Section. The 19 fees shall 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 $150. 24 (A) When the amount of money or damages or the 25 value of personal property claimed does not exceed 26 $250, $10. 27 (B) When that amount exceeds $250 but does not 28 exceed $500, $20. 29 (C) When that amount exceeds $500 but does not 30 exceed $2500, $30. 31 (D) When that amount exceeds $2500 but does 32 not exceed $15,000, $75. 33 (E) For the exercise of eminent domain, $150. HB1925 Engrossed -12- LRB9104191DJcd 1 For each additional lot or tract of land or right or 2 interest therein subject to be condemned, the 3 damages in respect to which shall require separate 4 assessment by a jury, $150. 5 (a-1) Family. 6 For filing a petition under the Juvenile Court Act 7 of 1987, $25. 8 For filing a petition for a marriage license, $10. 9 For performing a marriage in court, $10. 10 For filing a petition under the Illinois Parentage 11 Act of 1984, $40. 12 (b) Forcible Entry and Detainer. 13 In each forcible entry and detainer case when the 14 plaintiff seeks possession only or unites with his or her 15 claim for possession of the property a claim for rent or 16 damages or both in the amount of $15,000 or less, $40. 17 When the plaintiff unites his or her claim for possession 18 with a claim for rent or damages or both exceeding 19 $15,000, $150. 20 (c) Counterclaim or Joining Third Party Defendant. 21 When any defendant files a counterclaim as part of 22 his or her answer or otherwise or joins another party as 23 a third party defendant, or both, the defendant shall pay 24 a fee for each counterclaim or third party action in an 25 amount equal to the fee he or she would have had to pay 26 had he or she brought a separate action for the relief 27 sought in the counterclaim or against the third party 28 defendant, less the amount of the appearance fee, if that 29 has been paid. 30 (d) Confession of Judgment. 31 In a confession of judgment when the amount does not 32 exceed $1500, $50. When the amount exceeds $1500, but 33 does not exceed $15,000, $115. When the amount exceeds 34 $15,000, $200. HB1925 Engrossed -13- LRB9104191DJcd 1 (e) Appearance. 2 The fee for filing an appearance in each civil case 3 shall be $50, except as follows: 4 (A) When the plaintiff in a forcible entry and 5 detainer case seeks possession only, $20. 6 (B) When the amount in the case does not 7 exceed $1500, $20. 8 (C) When that amount exceeds $1500 but does 9 not exceed $15,000, $40. 10 (f) Garnishment, Wage Deduction, and Citation. 11 In garnishment affidavit, wage deduction affidavit, 12 and citation petition when the amount does not exceed 13 $1,000, $10; when the amount exceeds $1,000 but does not 14 exceed $5,000, $20; and when the amount exceeds $5,000, 15 $30. 16 (g) Petition to Vacate or Modify. 17 (1) Petition to vacate or modify any final judgment 18 or order of court, except in forcible entry and detainer 19 cases and small claims cases or a petition to reopen an 20 estate, to modify, terminate, or enforce a judgment or 21 order for child or spousal support, or to modify, 22 suspend, or terminate an order for withholding, if filed 23 before 30 days after the entry of the judgment or order, 24 $40. 25 (2) Petition to vacate or modify any final judgment 26 or order of court, except a petition to modify, 27 terminate, or enforce a judgment or order for child or 28 spousal support or to modify, suspend, or terminate an 29 order for withholding, if filed later than 30 days after 30 the entry of the judgment or order, $60. 31 (3) Petition to vacate order of bond forfeiture, 32 $20. 33 (h) Mailing. 34 When the clerk is required to mail, the fee will be HB1925 Engrossed -14- LRB9104191DJcd 1 $6, plus the cost of postage. 2 (i) Certified Copies. 3 Each certified copy of a judgment after the first, 4 except in small claims and forcible entry and detainer 5 cases, $10. 6 (j) Habeas Corpus. 7 For filing a petition for relief by habeas corpus, 8 $80. 9 (k) Certification, Authentication, and Reproduction. 10 (1) Each certification or authentication for taking 11 the acknowledgment of a deed or other instrument in 12 writing with the seal of office, $4. 13 (2) Court appeals when original documents are 14 forwarded, under 100 pages, plus delivery and costs, $50. 15 (3) Court appeals when original documents are 16 forwarded, over 100 pages, plus delivery and costs, $120. 17 (4) Court appeals when original documents are 18 forwarded, over 200 pages, an additional fee of 20 cents 19 per page. 20 (5) For reproduction of any document contained in 21 the clerk's files: 22 (A) First page, $2. 23 (B) Next 19 pages, 50 cents per page. 24 (C) All remaining pages, 25 cents per page. 25 (l) Remands. 26 In any cases remanded to the Circuit Court from the 27 Supreme Court or the Appellate Court for a new trial, the 28 clerk shall file the remanding order and reinstate the 29 case with either its original number or a new number. The 30 Clerk shall not charge any new or additional fee for the 31 reinstatement. Upon reinstatement the Clerk shall advise 32 the parties of the reinstatement. A party shall have the 33 same right to a jury trial on remand and reinstatement as 34 he or she had before the appeal, and no additional or new HB1925 Engrossed -15- LRB9104191DJcd 1 fee or charge shall be made for a jury trial after 2 remand. 3 (m) Record Search. 4 For each record search, within a division or 5 municipal district, the clerk shall be entitled to a 6 search fee of $4 for each year searched. 7 (n) Hard Copy. 8 For each page of hard copy print output, when case 9 records are maintained on an automated medium, the clerk 10 shall be entitled to a fee of $4. 11 (o) Index Inquiry and Other Records. 12 No fee shall be charged for a single 13 plaintiff/defendant index inquiry or single case record 14 inquiry when this request is made in person and the 15 records are maintained in a current automated medium, and 16 when no hard copy print output is requested. The fees to 17 be charged for management records, multiple case records, 18 and multiple journal records may be specified by the 19 Chief Judge pursuant to the guidelines for access and 20 dissemination of information approved by the Supreme 21 Court. 22 (p) Commitment Petitions. 23 For filing commitment petitions under the Mental 24 Health and Developmental Disabilities Code and for filing 25 a transcript of commitment proceedings held in another 26 county, $25. 27 (q) Alias Summons. 28 For each alias summons or citation issued by the 29 clerk, $4. 30 (r) Other Fees. 31 Any fees not covered in this Section shall be set by 32 rule or administrative order of the Circuit Court with 33 the approval of the Administrative Office of the Illinois 34 Courts. HB1925 Engrossed -16- LRB9104191DJcd 1 The clerk of the circuit court may provide 2 additional services for which there is no fee specified 3 by statute in connection with the operation of the 4 clerk's office as may be requested by the public and 5 agreed to by the clerk and approved by the chief judge of 6 the circuit court. Any charges for additional services 7 shall be as agreed to between the clerk and the party 8 making the request and approved by the chief judge of the 9 circuit court. Nothing in this subsection shall be 10 construed to require any clerk to provide any service not 11 otherwise required by law. 12 (s) Jury Services. 13 The clerk shall be entitled to receive, in addition 14 to other fees allowed by law, the sum of $180, as a fee 15 for the services of a jury in every civil action not 16 quasi-criminal in its nature and not a proceeding for the 17 exercise of the right of eminent domain and in every 18 other action wherein the right of trial by jury is or may 19 be given by law. The jury fee shall be paid by the party 20 demanding a jury at the time of filing the jury demand. 21 If the fee is not paid by either party, no jury shall be 22 called in the action or proceeding, and the same shall be 23 tried by the court without a jury. 24 (t) Voluntary Assignment. 25 For filing each deed of voluntary assignment, $10; 26 for recording the same, 25¢ for each 100 words. 27 Exceptions filed to claims presented to an assignee of a 28 debtor who has made a voluntary assignment for the 29 benefit of creditors shall be considered and treated, for 30 the purpose of taxing costs therein, as actions in which 31 the party or parties filing the exceptions shall be 32 considered as party or parties plaintiff, and the 33 claimant or claimants as party or parties defendant, and 34 those parties respectively shall pay to the clerk the HB1925 Engrossed -17- LRB9104191DJcd 1 same fees as provided by this Section to be paid in other 2 actions. 3 (u) Expungement Petition. 4 The clerk shall be entitled to receive a fee of $30 5 for each expungement petition filed and an additional fee 6 of $2 for each certified copy of an order to expunge 7 arrest records. 8 (v) Probate. 9 The clerk is entitled to receive the fees specified in 10 this subsection (v), which shall be paid in advance, except 11 that, for good cause shown, the court may suspend, reduce, or 12 release the costs payable under this subsection: 13 (1) For administration of the estate of a decedent 14 (whether testate or intestate) or of a missing person, 15 $100, plus the fees specified in subsection (v)(3), 16 except: 17 (A) When the value of the real and personal 18 property does not exceed $15,000, the fee shall be 19 $25. 20 (B) When (i) proof of heirship alone is made, 21 (ii) a domestic or foreign will is admitted to 22 probate without administration (including proof of 23 heirship), or (iii) letters of office are issued for 24 a particular purpose without administration of the 25 estate, the fee shall be $25. 26 (2) For administration of the estate of a ward, 27 $50, plus the fees specified in subsection (v)(3), 28 except: 29 (A) When the value of the real and personal 30 property does not exceed $15,000, the fee shall be 31 $25. 32 (B) When (i) letters of office are issued to a 33 guardian of the person or persons, but not of the 34 estate or (ii) letters of office are issued in the HB1925 Engrossed -18- LRB9104191DJcd 1 estate of a ward without administration of the 2 estate, including filing or joining in the filing of 3 a tax return or releasing a mortgage or consenting 4 to the marriage of the ward, the fee shall be $10. 5 (3) In addition to the fees payable under 6 subsection (v)(1) or (v)(2) of this Section, the 7 following fees are payable: 8 (A) For each account (other than one final 9 account) filed in the estate of a decedent, or ward, 10 $15. 11 (B) For filing a claim in an estate when the 12 amount claimed is $150 or more but less than $500, 13 $10; when the amount claimed is $500 or more but 14 less than $10,000, $25; when the amount claimed is 15 $10,000 or more, $40; provided that the court in 16 allowing a claim may add to the amount allowed the 17 filing fee paid by the claimant. 18 (C) For filing in an estate a claim, petition, 19 or supplemental proceeding based upon an action 20 seeking equitable relief including the construction 21 or contest of a will, enforcement of a contract to 22 make a will, and proceedings involving testamentary 23 trusts or the appointment of testamentary trustees, 24 $40. 25 (D) For filing in an estate (i) the appearance 26 of any person for the purpose of consent or (ii) the 27 appearance of an executor, administrator, 28 administrator to collect, guardian, guardian ad 29 litem, or special administrator, no fee. 30 (E) Except as provided in subsection 31 (v)(3)(D), for filing the appearance of any person 32 or persons, $10. 33 (F) For each jury demand, $90. 34 (G) For disposition of the collection of a HB1925 Engrossed -19- LRB9104191DJcd 1 judgment or settlement of an action or claim for 2 wrongful death of a decedent or of any cause of 3 action of a ward, when there is no other 4 administration of the estate, $30, less any amount 5 paid under subsection (v)(1)(B) or (v)(2)(B) except 6 that if the amount involved does not exceed $5,000, 7 the fee, including any amount paid under subsection 8 (v)(1)(B) or (v)(2)(B), shall be $10. 9 (H) For each certified copy of letters of 10 office, of court order or other certification, $1, 11 plus 50¢ per page in excess of 3 pages for the 12 document certified. 13 (I) For each exemplification, $1, plus the fee 14 for certification. 15 (4) The executor, administrator, guardian, 16 petitioner, or other interested person or his or her 17 attorney shall pay the cost of publication by the clerk 18 directly to the newspaper. 19 (5) The person on whose behalf a charge is incurred 20 for witness, court reporter, appraiser, or other 21 miscellaneous fee shall pay the same directly to the 22 person entitled thereto. 23 (6) The executor, administrator, guardian, 24 petitioner, or other interested person or his or her 25 attorney shall pay to the clerk all postage charges 26 incurred by the clerk in mailing petitions, orders, 27 notices, or other documents pursuant to the provisions of 28 the Probate Act of 1975. 29 (w) Criminal and Quasi-Criminal Costs and Fees. 30 (1) The clerk shall be entitled to costs in all 31 criminal and quasi-criminal cases from each person 32 convicted or sentenced to supervision therein as follows: 33 (A) Felony complaints, $80. 34 (B) Misdemeanor complaints, $50. HB1925 Engrossed -20- LRB9104191DJcd 1 (C) Business offense complaints, $50. 2 (D) Petty offense complaints, $50. 3 (E) Minor traffic or ordinance violations, 4 $20. 5 (F) When court appearance required, $30. 6 (G) Motions to vacate or amend final orders, 7 $20. 8 (H) Motions to vacate bond forfeiture orders, 9 $20. 10 (I) Motions to vacate ex parte judgments, 11 whenever filed, $20. 12 (J) Motions to vacate judgment on forfeitures, 13 whenever filed, $20. 14 (K) Motions to vacate "failure to appear" or 15 "failure to comply" notices sent to the Secretary of 16 State, $20. 17 (2) In counties having a population in excess of 18 180,000 but not more than 650,000 inhabitants, when the 19 violation complaint is issued by a municipal police 20 department, the clerk shall be entitled to costs from 21 each person convicted therein as follows: 22 (A) Minor traffic or ordinance violations, 23 $10. 24 (B) When court appearance required, $15. 25 (3) In ordinance violation cases punishable by fine 26 only, the clerk of the circuit court shall be entitled to 27 receive, unless the fee is excused upon a finding by the 28 court that the defendant is indigent, in addition to 29 other fees or costs allowed or imposed by law, the sum of 30 $50 as a fee for the services of a jury. The jury fee 31 shall be paid by the defendant at the time of filing his 32 or her jury demand. If the fee is not so paid by the 33 defendant, no jury shall be called, and the case shall be 34 tried by the court without a jury. HB1925 Engrossed -21- LRB9104191DJcd 1 (x) Transcripts of Judgment. 2 For the filing of a transcript of judgment, the 3 clerk shall be entitled to the same fee as if it were the 4 commencement of a new suit. 5 (y) Change of Venue. 6 (1) For the filing of a change of case on a change 7 of venue, the clerk shall be entitled to the same fee as 8 if it were the commencement of a new suit. 9 (2) The fee for the preparation and certification 10 of a record on a change of venue to another jurisdiction, 11 when original documents are forwarded, $25. 12 (z) Tax objection complaints. 13 For each tax objection complaint containing one or 14 more tax objections, regardless of the number of parcels 15 involved or the number of taxpayers joining on the 16 complaint, $25. 17 (aa) Tax Deeds. 18 (1) Petition for tax deed, if only one parcel is 19 involved, $150. 20 (2) For each additional parcel, add a fee of $50. 21 (bb) Collections. 22 (1) For all collections made of others, except the 23 State and county and except in maintenance or child 24 support cases, a sum equal to 2.5% of the amount 25 collected and turned over. 26 (2) Interest earned on any funds held by the clerk 27 shall be turned over to the county general fund as an 28 earning of the office. 29 (3) For any check, draft, or other bank instrument 30 returned to the clerk for non-sufficient funds, account 31 closed, or payment stopped, $25. 32 (4) In child support and maintenance cases, the 33 clerk, if authorized by an ordinance of the county board, 34 may collect an annual fee of up to $36 from the person HB1925 Engrossed -22- LRB9104191DJcd 1 making payment for administering the collection and 2 distribution of maintenance and child support payments. 3 This fee shall be in addition to and separate from 4 amounts ordered to be paid as maintenance or child 5 support and shall be deposited into a Separate 6 Maintenance and Child Support Collection Fund, of which 7 the clerk shall be the custodian, ex-officio, to be used 8 by the clerk to further maintenance and child supports in 9 his or her office. The clerk may recover from the person 10 making the maintenance or child support payment any 11 additional cost incurred in the collection of this annual 12 fee. 13 The clerk shall also be entitled to a fee of $5 for 14 certifications made to the Secretary of State as provided 15 in Section 7-703 of the Family Financial Responsibility 16 Law and these fees shall also be deposited into the 17 Separate Maintenance and Child Support Collection Fund. 18 (cc) Corrections of Numbers. 19 For correction of the case number, case title, or 20 attorney computer identification number, if required by 21 rule of court, on any document filed in the clerk's 22 office, to be charged against the party that filed the 23 document, $15. 24 (dd) Exceptions. 25 (1) The fee requirements of this Section shall not 26 apply to police departments or other law enforcement 27 agencies. In this Section, "law enforcement agency" 28 means an agency of the State or a unit of local 29 government which is vested by law or ordinance with the 30 duty to maintain public order and to enforce criminal 31 laws or ordinances. "Law enforcement agency" also means 32 the Attorney General or any state's attorney. 33 (2) No fee provided herein shall be charged to any 34 unit of local government or school district. HB1925 Engrossed -23- LRB9104191DJcd 1 (3) The fee requirements of this Section shall not 2 apply to any action instituted under subsection (b) of 3 Section 11-31-1 of the Illinois Municipal Code by a 4 private owner or tenant of real property within 1200 feet 5 of a dangerous or unsafe building seeking an order 6 compelling the owner or owners of the building to take 7 any of the actions authorized under that subsection. 8 (ee) Adoptions. 9 (1) For an adoption, requesting a copy of a 10 judgment for adoption, relief from a final judgment or 11 order, appointment of a confidential intermediary, or 12 requesting non-identifying information................$65 13 (2) Upon good cause shown, the court may waive the 14 adoption filing fee in a special needs adoption. The 15 term "special needs adoption" shall have the meaning 16 ascribed to it by the Illinois Department of Children and 17 Family Services. 18 (ff) Adoption exemptions. 19 No fee other than that set forth in subsection (ee) 20 shall be charged to any person in connection with an 21 adoption proceeding. 22 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 23 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 24 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 25 Sec. 27.2. The fees of the clerks of the circuit court 26 in all counties having a population in excess of 650,000 27 inhabitants but less than 3,000,000 inhabitants in the 28 instances described in this Section shall be as provided in 29 this Section. In addition, the fees provided in this Section 30 shall apply to all units of local government and school 31 districts in counties with more than 3,000,000 inhabitants. 32 The fees shall be paid in advance and shall be as follows: 33 (a) Civil Cases. HB1925 Engrossed -24- LRB9104191DJcd 1 The fee for filing a complaint, petition, or other 2 pleading initiating a civil action, with the following 3 exceptions, shall be $150. 4 (A) When the amount of money or damages or the 5 value of personal property claimed does not exceed 6 $250, $10. 7 (B) When that amount exceeds $250 but does not 8 exceed $500, $20. 9 (C) When that amount exceeds $500 but does not 10 exceed $2500, $30. 11 (D) When that amount exceeds $2500 but does 12 not exceed $15,000, $75. 13 (E) For the exercise of eminent domain, $150. 14 For each additional lot or tract of land or right or 15 interest therein subject to be condemned, the 16 damages in respect to which shall require separate 17 assessment by a jury, $150. 18 (b) Forcible Entry and Detainer. 19 In each forcible entry and detainer case when the 20 plaintiff seeks possession only or unites with his or her 21 claim for possession of the property a claim for rent or 22 damages or both in the amount of $15,000 or less, $40. 23 When the plaintiff unites his or her claim for possession 24 with a claim for rent or damages or both exceeding 25 $15,000, $150. 26 (c) Counterclaim or Joining Third Party Defendant. 27 When any defendant files a counterclaim as part of 28 his or her answer or otherwise or joins another party as 29 a third party defendant, or both, the defendant shall pay 30 a fee for each counterclaim or third party action in an 31 amount equal to the fee he or she would have had to pay 32 had he or she brought a separate action for the relief 33 sought in the counterclaim or against the third party 34 defendant, less the amount of the appearance fee, if that HB1925 Engrossed -25- LRB9104191DJcd 1 has been paid. 2 (d) Confession of Judgment. 3 In a confession of judgment when the amount does not 4 exceed $1500, $50. When the amount exceeds $1500, but 5 does not exceed $15,000, $115. When the amount exceeds 6 $15,000, $200. 7 (e) Appearance. 8 The fee for filing an appearance in each civil case 9 shall be $50, except as follows: 10 (A) When the plaintiff in a forcible entry and 11 detainer case seeks possession only; $20. 12 (B) When the amount in the case does not 13 exceed $1500, $20. 14 (C) When that amount exceeds $1500 but does 15 not exceed $15,000, $40. 16 (f) Garnishment, Wage Deduction, and Citation. 17 In garnishment affidavit, wage deduction affidavit, 18 and citation petition when the amount does not exceed 19 $1,000, $10; when the amount exceeds $1,000 but does not 20 exceed $5,000, $20; and when the amount exceeds $5,000, 21 $30. 22 (g) Petition to Vacate or Modify. 23 (1) Petition to vacate or modify any final judgment 24 or order of court, except in forcible entry and detainer 25 cases and small claims cases or a petition to reopen an 26 estate, to modify, terminate, or enforce a judgment or 27 order for child or spousal support, or to modify, 28 suspend, or terminate an order for withholding, if filed 29 before 30 days after the entry of the judgment or order, 30 $40. 31 (2) Petition to vacate or modify any final judgment 32 or order of court, except a petition to modify, 33 terminate, or enforce a judgment or order for child or 34 spousal support or to modify, suspend, or terminate an HB1925 Engrossed -26- LRB9104191DJcd 1 order for withholding, if filed later than 30 days after 2 the entry of the judgment or order, $60. 3 (3) Petition to vacate order of bond forfeiture, 4 $20. 5 (h) Mailing. 6 When the clerk is required to mail, the fee will be 7 $6, plus the cost of postage. 8 (i) Certified Copies. 9 Each certified copy of a judgment after the first, 10 except in small claims and forcible entry and detainer 11 cases, $10. 12 (j) Habeas Corpus. 13 For filing a petition for relief by habeas corpus, 14 $80. 15 (k) Certification, Authentication, and Reproduction. 16 (1) Each certification or authentication for taking 17 the acknowledgment of a deed or other instrument in 18 writing with the seal of office, $4. 19 (2) Court appeals when original documents are 20 forwarded, under 100 pages, plus delivery and costs, $50. 21 (3) Court appeals when original documents are 22 forwarded, over 100 pages, plus delivery and costs, $120. 23 (4) Court appeals when original documents are 24 forwarded, over 200 pages, an additional fee of 20 cents 25 per page. 26 (5) For reproduction of any document contained in 27 the clerk's files: 28 (A) First page, $2. 29 (B) Next 19 pages, 50 cents per page. 30 (C) All remaining pages, 25 cents per page. 31 (l) Remands. 32 In any cases remanded to the Circuit Court from the 33 Supreme Court or the Appellate Court for a new trial, the 34 clerk shall file the remanding order and reinstate the HB1925 Engrossed -27- LRB9104191DJcd 1 case with either its original number or a new number. 2 The Clerk shall not charge any new or additional fee for 3 the reinstatement. Upon reinstatement the Clerk shall 4 advise the parties of the reinstatement. A party shall 5 have the same right to a jury trial on remand and 6 reinstatement as he or she had before the appeal, and no 7 additional or new fee or charge shall be made for a jury 8 trial after remand. 9 (m) Record Search. 10 For each record search, within a division or 11 municipal district, the clerk shall be entitled to a 12 search fee of $4 for each year searched. 13 (n) Hard Copy. 14 For each page of hard copy print output, when case 15 records are maintained on an automated medium, the clerk 16 shall be entitled to a fee of $4. 17 (o) Index Inquiry and Other Records. 18 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 21 records are maintained in a current automated medium, and 22 when no hard copy print output is requested. The fees to 23 be charged for management records, multiple case records, 24 and multiple journal records may be specified by the 25 Chief Judge pursuant to the guidelines for access and 26 dissemination of information approved by the Supreme 27 Court. 28 (p) Commitment Petitions. 29 For filing commitment petitions under the Mental 30 Health and Developmental Disabilities Code, $25. 31 (q) Alias Summons. 32 For each alias summons or citation issued by the 33 clerk, $4. 34 (r) Other Fees. HB1925 Engrossed -28- LRB9104191DJcd 1 Any fees not covered in this Section shall be set by 2 rule or administrative order of the Circuit Court with 3 the approval of the Administrative Office of the Illinois 4 Courts. 5 The clerk of the circuit court may provide 6 additional services for which there is no fee specified 7 by statute in connection with the operation of the 8 clerk's office as may be requested by the public and 9 agreed to by the clerk and approved by the chief judge of 10 the circuit court. Any charges for additional services 11 shall be as agreed to between the clerk and the party 12 making the request and approved by the chief judge of the 13 circuit court. Nothing in this subsection shall be 14 construed to require any clerk to provide any service not 15 otherwise required by law. 16 (s) Jury Services. 17 The clerk shall be entitled to receive, in addition 18 to other fees allowed by law, the sum of $180, as a fee 19 for the services of a jury in every civil action not 20 quasi-criminal in its nature and not a proceeding for the 21 exercise of the right of eminent domain and in every 22 other action wherein the right of trial by jury is or may 23 be given by law. The jury fee shall be paid by the party 24 demanding a jury at the time of filing the jury demand. 25 If the fee is not paid by either party, no jury shall be 26 called in the action or proceeding, and the same shall be 27 tried by the court without a jury. 28 (t) Voluntary Assignment. 29 For filing each deed of voluntary assignment, $10; 30 for recording the same, 25¢ for each 100 words. 31 Exceptions filed to claims presented to an assignee of a 32 debtor who has made a voluntary assignment for the 33 benefit of creditors shall be considered and treated, for 34 the purpose of taxing costs therein, as actions in which HB1925 Engrossed -29- LRB9104191DJcd 1 the party or parties filing the exceptions shall be 2 considered as party or parties plaintiff, and the 3 claimant or claimants as party or parties defendant, and 4 those parties respectively shall pay to the clerk the 5 same fees as provided by this Section to be paid in other 6 actions. 7 (u) Expungement Petition. 8 The clerk shall be entitled to receive a fee of $30 9 for each expungement petition filed and an additional fee 10 of $2 for each certified copy of an order to expunge 11 arrest records. 12 (v) Probate. 13 The clerk is entitled to receive the fees specified in 14 this subsection (v), which shall be paid in advance, except 15 that, for good cause shown, the court may suspend, reduce, or 16 release the costs payable under this subsection: 17 (1) For administration of the estate of a decedent 18 (whether testate or intestate) or of a missing person, 19 $100, plus the fees specified in subsection (v)(3), 20 except: 21 (A) When the value of the real and personal 22 property does not exceed $15,000, the fee shall be 23 $25. 24 (B) When (i) proof of heirship alone is made, 25 (ii) a domestic or foreign will is admitted to 26 probate without administration (including proof of 27 heirship), or (iii) letters of office are issued for 28 a particular purpose without administration of the 29 estate, the fee shall be $25. 30 (2) For administration of the estate of a ward, 31 $50, plus the fees specified in subsection (v)(3), 32 except: 33 (A) When the value of the real and personal 34 property does not exceed $15,000, the fee shall be HB1925 Engrossed -30- LRB9104191DJcd 1 $25. 2 (B) When (i) letters of office are issued to a 3 guardian of the person or persons, but not of the 4 estate or (ii) letters of office are issued in the 5 estate of a ward without administration of the 6 estate, including filing or joining in the filing of 7 a tax return or releasing a mortgage or consenting 8 to the marriage of the ward, the fee shall be $10. 9 (3) In addition to the fees payable under 10 subsection (v)(1) or (v)(2) of this Section, the 11 following fees are payable: 12 (A) For each account (other than one final 13 account) filed in the estate of a decedent, or ward, 14 $15. 15 (B) For filing a claim in an estate when the 16 amount claimed is $150 or more but less than $500, 17 $10; when the amount claimed is $500 or more but 18 less than $10,000, $25; when the amount claimed is 19 $10,000 or more, $40; provided that the court in 20 allowing a claim may add to the amount allowed the 21 filing fee paid by the claimant. 22 (C) For filing in an estate a claim, petition, 23 or supplemental proceeding based upon an action 24 seeking equitable relief including the construction 25 or contest of a will, enforcement of a contract to 26 make a will, and proceedings involving testamentary 27 trusts or the appointment of testamentary trustees, 28 $40. 29 (D) For filing in an estate (i) the appearance 30 of any person for the purpose of consent or (ii) the 31 appearance of an executor, administrator, 32 administrator to collect, guardian, guardian ad 33 litem, or special administrator, no fee. 34 (E) Except as provided in subsection HB1925 Engrossed -31- LRB9104191DJcd 1 (v)(3)(D), for filing the appearance of any person 2 or persons, $10. 3 (F) For each jury demand, $90. 4 (G) For disposition of the collection of a 5 judgment or settlement of an action or claim for 6 wrongful death of a decedent or of any cause of 7 action of a ward, when there is no other 8 administration of the estate, $30, less any amount 9 paid under subsection (v)(1)(B) or (v)(2)(B) except 10 that if the amount involved does not exceed $5,000, 11 the fee, including any amount paid under subsection 12 (v)(1)(B) or (v)(2)(B), shall be $10. 13 (H) For each certified copy of letters of 14 office, of court order or other certification, $1, 15 plus 50¢ per page in excess of 3 pages for the 16 document certified. 17 (I) For each exemplification, $1, plus the fee 18 for certification. 19 (4) The executor, administrator, guardian, 20 petitioner, or other interested person or his or her 21 attorney shall pay the cost of publication by the clerk 22 directly to the newspaper. 23 (5) The person on whose behalf a charge is incurred 24 for witness, court reporter, appraiser, or other 25 miscellaneous fee shall pay the same directly to the 26 person entitled thereto. 27 (6) The executor, administrator, guardian, 28 petitioner, or other interested person or his attorney 29 shall pay to the clerk all postage charges incurred by 30 the clerk in mailing petitions, orders, notices, or other 31 documents pursuant to the provisions of the Probate Act 32 of 1975. 33 (w) Criminal and Quasi-Criminal Costs and Fees. 34 (1) The clerk shall be entitled to costs in all HB1925 Engrossed -32- LRB9104191DJcd 1 criminal and quasi-criminal cases from each person 2 convicted or sentenced to supervision therein as follows: 3 (A) Felony complaints, $80. 4 (B) Misdemeanor complaints, $50. 5 (C) Business offense complaints, $50. 6 (D) Petty offense complaints, $50. 7 (E) Minor traffic or ordinance violations, 8 $20. 9 (F) When court appearance required, $30. 10 (G) Motions to vacate or amend final orders, 11 $20. 12 (H) Motions to vacate bond forfeiture orders, 13 $20. 14 (I) Motions to vacate ex parte judgments, 15 whenever filed, $20. 16 (J) Motions to vacate judgment on forfeitures, 17 whenever filed, $20. 18 (K) Motions to vacate "failure to appear" or 19 "failure to comply" notices sent to the Secretary of 20 State, $20. 21 (2) In counties having a population of more than 22 650,000 but fewer than 3,000,000 inhabitants, when the 23 violation complaint is issued by a municipal police 24 department, the clerk shall be entitled to costs from 25 each person convicted therein as follows: 26 (A) Minor traffic or ordinance violations, 27 $10. 28 (B) When court appearance required, $15. 29 (3) In ordinance violation cases punishable by fine 30 only, the clerk of the circuit court shall be entitled to 31 receive, unless the fee is excused upon a finding by the 32 court that the defendant is indigent, in addition to 33 other fees or costs allowed or imposed by law, the sum of 34 $50 as a fee for the services of a jury. The jury fee HB1925 Engrossed -33- LRB9104191DJcd 1 shall be paid by the defendant at the time of filing his 2 or her jury demand. If the fee is not so paid by the 3 defendant, no jury shall be called, and the case shall be 4 tried by the court without a jury. 5 (x) Transcripts of Judgment. 6 For the filing of a transcript of judgment, the 7 clerk shall be entitled to the same fee as if it were the 8 commencement of new suit. 9 (y) Change of Venue. 10 (1) For the filing of a change of case on a change 11 of venue, the clerk shall be entitled to the same fee as 12 if it were the commencement of a new suit. 13 (2) The fee for the preparation and certification 14 of a record on a change of venue to another jurisdiction, 15 when original documents are forwarded, $25. 16 (z) Tax objection complaints. 17 For each tax objection complaint containing one or 18 more tax objections, regardless of the number of parcels 19 involved or the number of taxpayers joining in the 20 complaint, $25. 21 (aa) Tax Deeds. 22 (1) Petition for tax deed, if only one parcel is 23 involved, $150. 24 (2) For each additional parcel, add a fee of $50. 25 (bb) Collections. 26 (1) For all collections made of others, except the 27 State and county and except in maintenance or child 28 support cases, a sum equal to 2.5% of the amount 29 collected and turned over. 30 (2) Interest earned on any funds held by the clerk 31 shall be turned over to the county general fund as an 32 earning of the office. 33 (3) For any check, draft, or other bank instrument 34 returned to the clerk for non-sufficient funds, account HB1925 Engrossed -34- LRB9104191DJcd 1 closed, or payment stopped, $25. 2 (4) In child support and maintenance cases, the 3 clerk, if authorized by an ordinance of the county board, 4 may collect an annual fee of up to $36 from the person 5 making payment for administering the collection and 6 distribution of maintenance and child support payments. 7 This fee shall be in addition to and separate from 8 amounts ordered to be paid as maintenance or child 9 support and shall be deposited into a Separate 10 Maintenance and Child Support Collection Fund, of which 11 the clerk shall be the custodian, ex-officio, to be used 12 by the clerk to further maintenance and child supports in 13 his or her office. The clerk may recover from the person 14 making the maintenance or child support payment any 15 additional cost incurred in the collection of this annual 16 fee. 17 The clerk shall also be entitled to a fee of $5 for 18 certifications made to the Secretary of State as provided 19 in Section 7-703 of the Family Financial Responsibility 20 Law and these fees shall also be deposited into the 21 Separate Maintenance and Child Support Collection Fund. 22 (cc) Corrections of Numbers. 23 For correction of the case number, case title, or 24 attorney computer identification number, if required by 25 rule of court, on any document filed in the clerk's 26 office, to be charged against the party that filed the 27 document, $15. 28 (dd) Exceptions. 29 The fee requirements of this Section shall not apply 30 to police departments or other law enforcement agencies. 31 In this Section, "law enforcement agency" means an agency 32 of the State or a unit of local government which is 33 vested by law or ordinance with the duty to maintain 34 public order and to enforce criminal laws or ordinances. HB1925 Engrossed -35- LRB9104191DJcd 1 "Law enforcement agency" also means the Attorney General 2 or any state's attorney. The fee requirements of this 3 Section shall not apply to any action instituted under 4 subsection (b) of Section 11-31-1 of the Illinois 5 Municipal Code by a private owner or tenant of real 6 property within 1200 feet of a dangerous or unsafe 7 building seeking an order compelling the owner or owners 8 of the building to take any of the actions authorized 9 under that subsection. 10 (ee) Adoptions. 11 (1) For an adoption, requesting a copy of a 12 judgment for adoption, relief from a final judgment or 13 order, appointment of a confidential intermediary, or 14 requesting non-identifying information................$65 15 (2) Upon good cause shown, the court may waive the 16 adoption filing fee in a special needs adoption. The 17 term "special needs adoption" shall have the meaning 18 ascribed to it by the Illinois Department of Children and 19 Family Services. 20 (ff) Adoption exemptions. 21 No fee other than that set forth in subsection (ee) 22 shall be charged to any person in connection with an 23 adoption proceeding. 24 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 25 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 26 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 27 Sec. 27.2a. The fees of the clerks of the circuit court 28 in all counties having a population of 3,000,000 or more 29 inhabitants in the instances described in this Section shall 30 be as provided in this Section. The fees shall be paid in 31 advance and shall be as follows: 32 (a) Civil Cases. 33 The fee for filing a complaint, petition, or other HB1925 Engrossed -36- LRB9104191DJcd 1 pleading initiating a civil action, with the following 2 exceptions, shall be $190. 3 (A) When the amount of money or damages or the 4 value of personal property claimed does not exceed 5 $250, $15. 6 (B) When that amount exceeds $250 but does not 7 exceed $1000, $40. 8 (C) When that amount exceeds $1000 but does 9 not exceed $2500, $50. 10 (D) When that amount exceeds $2500 but does 11 not exceed $5000, $100. 12 (E) When that amount exceeds $5000 but does 13 not exceed $15,000, $150. 14 (F) For the exercise of eminent domain, $150. 15 For each additional lot or tract of land or right or 16 interest therein subject to be condemned, the 17 damages in respect to which shall require separate 18 assessment by a jury, $150. 19 (b) Forcible Entry and Detainer. 20 In each forcible entry and detainer case when the 21 plaintiff seeks possession only or unites with his or her 22 claim for possession of the property a claim for rent or 23 damages or both in the amount of $15,000 or less, $75. 24 When the plaintiff unites his or her claim for possession 25 with a claim for rent or damages or both exceeding 26 $15,000, $225. 27 (c) Counterclaim or Joining Third Party Defendant. 28 When any defendant files a counterclaim as part of 29 his or her answer or otherwise or joins another party as 30 a third party defendant, or both, the defendant shall pay 31 a fee for each counterclaim or third party action in an 32 amount equal to the fee he or she would have had to pay 33 had he or she brought a separate action for the relief 34 sought in the counterclaim or against the third party HB1925 Engrossed -37- LRB9104191DJcd 1 defendant, less the amount of the appearance fee, if that 2 has been paid. 3 (d) Confession of Judgment. 4 In a confession of judgment when the amount does not 5 exceed $1500, $60. When the amount exceeds $1500, but 6 does not exceed $5000, $75. When the amount exceeds 7 $5000, but does not exceed $15,000, $175. When the amount 8 exceeds $15,000, $250. 9 (e) Appearance. 10 The fee for filing an appearance in each civil case 11 shall be $75, except as follows: 12 (A) When the plaintiff in a forcible entry and 13 detainer case seeks possession only, $40. 14 (B) When the amount in the case does not 15 exceed $1500, $40. 16 (C) When that amount exceeds $1500 but does 17 not exceed $15,000, $60. 18 (f) Garnishment, Wage Deduction, and Citation. 19 In garnishment affidavit, wage deduction affidavit, 20 and citation petition when the amount does not exceed 21 $1,000, $15; when the amount exceeds $1,000 but does not 22 exceed $5,000, $30; and when the amount exceeds $5,000, 23 $50. 24 (g) Petition to Vacate or Modify. 25 (1) Petition to vacate or modify any final judgment 26 or order of court, except in forcible entry and detainer 27 cases and small claims cases or a petition to reopen an 28 estate, to modify, terminate, or enforce a judgment or 29 order for child or spousal support, or to modify, 30 suspend, or terminate an order for withholding, if filed 31 before 30 days after the entry of the judgment or order, 32 $50. 33 (2) Petition to vacate or modify any final judgment 34 or order of court, except a petition to modify, HB1925 Engrossed -38- LRB9104191DJcd 1 terminate, or enforce a judgment or order for child or 2 spousal support or to modify, suspend, or terminate an 3 order for withholding, if filed later than 30 days after 4 the entry of the judgment or order, $75. 5 (3) Petition to vacate order of bond forfeiture, 6 $40. 7 (h) Mailing. 8 When the clerk is required to mail, the fee will be 9 $10, plus the cost of postage. 10 (i) Certified Copies. 11 Each certified copy of a judgment after the first, 12 except in small claims and forcible entry and detainer 13 cases, $15. 14 (j) Habeas Corpus. 15 For filing a petition for relief by habeas corpus, 16 $125. 17 (k) Certification, Authentication, and Reproduction. 18 (1) Each certification or authentication for taking 19 the acknowledgment of a deed or other instrument in 20 writing with the seal of office, $6. 21 (2) Court appeals when original documents are 22 forwarded, under 100 pages, plus delivery and costs, $75. 23 (3) Court appeals when original documents are 24 forwarded, over 100 pages, plus delivery and costs, $150. 25 (4) Court appeals when original documents are 26 forwarded, over 200 pages, an additional fee of 25 cents 27 per page. 28 (5) For reproduction of any document contained in 29 the clerk's files: 30 (A) First page, $2. 31 (B) Next 19 pages, 50 cents per page. 32 (C) All remaining pages, 25 cents per page. 33 (l) Remands. 34 In any cases remanded to the Circuit Court from the HB1925 Engrossed -39- LRB9104191DJcd 1 Supreme Court or the Appellate Court for a new trial, the 2 clerk shall file the remanding order and reinstate the 3 case with either its original number or a new number. 4 The Clerk shall not charge any new or additional fee for 5 the reinstatement. Upon reinstatement the Clerk shall 6 advise the parties of the reinstatement. A party shall 7 have the same right to a jury trial on remand and 8 reinstatement as he or she had before the appeal, and no 9 additional or new fee or charge shall be made for a jury 10 trial after remand. 11 (m) Record Search. 12 For each record search, within a division or 13 municipal district, the clerk shall be entitled to a 14 search fee of $6 for each year searched. 15 (n) Hard Copy. 16 For each page of hard copy print output, when case 17 records are maintained on an automated medium, the clerk 18 shall be entitled to a fee of $6. 19 (o) Index Inquiry and Other Records. 20 No fee shall be charged for a single 21 plaintiff/defendant index inquiry or single case record 22 inquiry when this request is made in person and the 23 records are maintained in a current automated medium, and 24 when no hard copy print output is requested. The fees to 25 be charged for management records, multiple case records, 26 and multiple journal records may be specified by the 27 Chief Judge pursuant to the guidelines for access and 28 dissemination of information approved by the Supreme 29 Court. 30 (p) Commitment Petitions. 31 For filing commitment petitions under the Mental 32 Health and Developmental Disabilities Code, $50. 33 (q) Alias Summons. 34 For each alias summons or citation issued by the HB1925 Engrossed -40- LRB9104191DJcd 1 clerk, $5. 2 (r) Other Fees. 3 Any fees not covered in this Section shall be set by 4 rule or administrative order of the Circuit Court with 5 the approval of the Administrative Office of the Illinois 6 Courts. 7 The clerk of the circuit court may provide 8 additional services for which there is no fee specified 9 by statute in connection with the operation of the 10 clerk's office as may be requested by the public and 11 agreed to by the clerk and approved by the chief judge of 12 the circuit court. Any charges for additional services 13 shall be as agreed to between the clerk and the party 14 making the request and approved by the chief judge of the 15 circuit court. Nothing in this subsection shall be 16 construed to require any clerk to provide any service not 17 otherwise required by law. 18 (s) Jury Services. 19 The clerk shall be entitled to receive, in addition 20 to other fees allowed by law, the sum of $200, as a fee 21 for the services of a jury in every civil action not 22 quasi-criminal in its nature and not a proceeding for the 23 exercise of the right of eminent domain and in every 24 other action wherein the right of trial by jury is or may 25 be given by law. The jury fee shall be paid by the party 26 demanding a jury at the time of filing the jury demand. 27 If the fee is not paid by either party, no jury shall be 28 called in the action or proceeding, and the same shall be 29 tried by the court without a jury. 30 (t) Voluntary Assignment. 31 For filing each deed of voluntary assignment, $20; 32 for recording the same, 50¢ for each 100 words. 33 Exceptions filed to claims presented to an assignee of a 34 debtor who has made a voluntary assignment for the HB1925 Engrossed -41- LRB9104191DJcd 1 benefit of creditors shall be considered and treated, for 2 the purpose of taxing costs therein, as actions in which 3 the party or parties filing the exceptions shall be 4 considered as party or parties plaintiff, and the 5 claimant or claimants as party or parties defendant, and 6 those parties respectively shall pay to the clerk the 7 same fees as provided by this Section to be paid in other 8 actions. 9 (u) Expungement Petition. 10 The clerk shall be entitled to receive a fee of $60 11 for each expungement petition filed and an additional fee 12 of $4 for each certified copy of an order to expunge 13 arrest records. 14 (v) Probate. 15 The clerk is entitled to receive the fees specified in 16 this subsection (v), which shall be paid in advance, except 17 that, for good cause shown, the court may suspend, reduce, or 18 release the costs payable under this subsection: 19 (1) For administration of the estate of a decedent 20 (whether testate or intestate) or of a missing person, 21 $150, plus the fees specified in subsection (v)(3), 22 except: 23 (A) When the value of the real and personal 24 property does not exceed $15,000, the fee shall be 25 $40. 26 (B) When (i) proof of heirship alone is made, 27 (ii) a domestic or foreign will is admitted to 28 probate without administration (including proof of 29 heirship), or (iii) letters of office are issued for 30 a particular purpose without administration of the 31 estate, the fee shall be $40. 32 (2) For administration of the estate of a ward, 33 $75, plus the fees specified in subsection (v)(3), 34 except: HB1925 Engrossed -42- LRB9104191DJcd 1 (A) When the value of the real and personal 2 property does not exceed $15,000, the fee shall be 3 $40. 4 (B) When (i) letters of office are issued to a 5 guardian of the person or persons, but not of the 6 estate or (ii) letters of office are issued in the 7 estate of a ward without administration of the 8 estate, including filing or joining in the filing of 9 a tax return or releasing a mortgage or consenting 10 to the marriage of the ward, the fee shall be $20. 11 (3) In addition to the fees payable under 12 subsection (v)(1) or (v)(2) of this Section, the 13 following fees are payable: 14 (A) For each account (other than one final 15 account) filed in the estate of a decedent, or ward, 16 $25. 17 (B) For filing a claim in an estate when the 18 amount claimed is $150 or more but less than $500, 19 $20; when the amount claimed is $500 or more but 20 less than $10,000, $40; when the amount claimed is 21 $10,000 or more, $60; provided that the court in 22 allowing a claim may add to the amount allowed the 23 filing fee paid by the claimant. 24 (C) For filing in an estate a claim, petition, 25 or supplemental proceeding based upon an action 26 seeking equitable relief including the construction 27 or contest of a will, enforcement of a contract to 28 make a will, and proceedings involving testamentary 29 trusts or the appointment of testamentary trustees, 30 $60. 31 (D) For filing in an estate (i) the appearance 32 of any person for the purpose of consent or (ii) the 33 appearance of an executor, administrator, 34 administrator to collect, guardian, guardian ad HB1925 Engrossed -43- LRB9104191DJcd 1 litem, or special administrator, no fee. 2 (E) Except as provided in subsection 3 (v)(3)(D), for filing the appearance of any person 4 or persons, $30. 5 (F) For each jury demand, $125. 6 (G) For disposition of the collection of a 7 judgment or settlement of an action or claim for 8 wrongful death of a decedent or of any cause of 9 action of a ward, when there is no other 10 administration of the estate, $50, less any amount 11 paid under subsection (v)(1)(B) or (v)(2)(B) except 12 that if the amount involved does not exceed $5,000, 13 the fee, including any amount paid under subsection 14 (v)(1)(B) or (v)(2)(B), shall be $20. 15 (H) For each certified copy of letters of 16 office, of court order or other certification, $2, 17 plus $1 per page in excess of 3 pages for the 18 document certified. 19 (I) For each exemplification, $2, plus the fee 20 for certification. 21 (4) The executor, administrator, guardian, 22 petitioner, or other interested person or his or her 23 attorney shall pay the cost of publication by the clerk 24 directly to the newspaper. 25 (5) The person on whose behalf a charge is incurred 26 for witness, court reporter, appraiser, or other 27 miscellaneous fee shall pay the same directly to the 28 person entitled thereto. 29 (6) The executor, administrator, guardian, 30 petitioner, or other interested person or his or her 31 attorney shall pay to the clerk all postage charges 32 incurred by the clerk in mailing petitions, orders, 33 notices, or other documents pursuant to the provisions of 34 the Probate Act of 1975. HB1925 Engrossed -44- LRB9104191DJcd 1 (w) Criminal and Quasi-Criminal Costs and Fees. 2 (1) The clerk shall be entitled to costs in all 3 criminal and quasi-criminal cases from each person 4 convicted or sentenced to supervision therein as follows: 5 (A) Felony complaints, $125. 6 (B) Misdemeanor complaints, $75. 7 (C) Business offense complaints, $75. 8 (D) Petty offense complaints, $75. 9 (E) Minor traffic or ordinance violations, 10 $30. 11 (F) When court appearance required, $50. 12 (G) Motions to vacate or amend final orders, 13 $40. 14 (H) Motions to vacate bond forfeiture orders, 15 $30. 16 (I) Motions to vacate ex parte judgments, 17 whenever filed, $30. 18 (J) Motions to vacate judgment on forfeitures, 19 whenever filed, $25. 20 (K) Motions to vacate "failure to appear" or 21 "failure to comply" notices sent to the Secretary of 22 State, $40. 23 (2) In counties having a population of 3,000,000 or 24 more, when the violation complaint is issued by a 25 municipal police department, the clerk shall be entitled 26 to costs from each person convicted therein as follows: 27 (A) Minor traffic or ordinance violations, 28 $30. 29 (B) When court appearance required, $50. 30 (3) In ordinance violation cases punishable by fine 31 only, the clerk of the circuit court shall be entitled to 32 receive, unless the fee is excused upon a finding by the 33 court that the defendant is indigent, in addition to 34 other fees or costs allowed or imposed by law, the sum of HB1925 Engrossed -45- LRB9104191DJcd 1 $100 as a fee for the services of a jury. The jury fee 2 shall be paid by the defendant at the time of filing his 3 or her jury demand. If the fee is not so paid by the 4 defendant, no jury shall be called, and the case shall be 5 tried by the court without a jury. 6 (x) Transcripts of Judgment. 7 For the filing of a transcript of judgment, the 8 clerk shall be entitled to the same fee as if it were the 9 commencement of a new suit. 10 (y) Change of Venue. 11 (1) For the filing of a change of case on a change 12 of venue, the clerk shall be entitled to the same fee as 13 if it were the commencement of a new suit. 14 (2) The fee for the preparation and certification 15 of a record on a change of venue to another jurisdiction, 16 when original documents are forwarded, $40. 17 (z) Tax objection complaints. 18 For each tax objection complaint containing one or 19 more tax objections, regardless of the number of parcels 20 involved or the number of taxpayers joining in the 21 complaint, $50. 22 (aa) Tax Deeds. 23 (1) Petition for tax deed, if only one parcel is 24 involved, $250. 25 (2) For each additional parcel, add a fee of $100. 26 (bb) Collections. 27 (1) For all collections made of others, except the 28 State and county and except in maintenance or child 29 support cases, a sum equal to 3.0% of the amount 30 collected and turned over. 31 (2) Interest earned on any funds held by the clerk 32 shall be turned over to the county general fund as an 33 earning of the office. 34 (3) For any check, draft, or other bank instrument HB1925 Engrossed -46- LRB9104191DJcd 1 returned to the clerk for non-sufficient funds, account 2 closed, or payment stopped, $25. 3 (4) In child support and maintenance cases, the 4 clerk, if authorized by an ordinance of the county board, 5 may collect an annual fee of up to $36 from the person 6 making payment for administering the collection and 7 distribution of maintenance and child support payments. 8 This fee shall be in addition to and separate from 9 amounts ordered to be paid as maintenance or child 10 support and shall be deposited into a Separate 11 Maintenance and Child Support Collection Fund, of which 12 the clerk shall be the custodian, ex-officio, to be used 13 by the clerk to further maintenance and child supports in 14 his or her office. The clerk may recover from the person 15 making the maintenance or child support payment any 16 additional cost incurred in the collection of this annual 17 fee. 18 The clerk shall also be entitled to a fee of $5 for 19 certifications made to the Secretary of State as provided 20 in Section 7-703 of the Family Financial Responsibility 21 Law and these fees shall also be deposited into the 22 Separate Maintenance and Child Support Collection Fund. 23 (cc) Corrections of Numbers. 24 For correction of the case number, case title, or 25 attorney computer identification number, if required by 26 rule of court, on any document filed in the clerk's 27 office, to be charged against the party that filed the 28 document, $25. 29 (dd) Exceptions. 30 (1) The fee requirements of this Section shall not 31 apply to police departments or other law enforcement 32 agencies. In this Section, "law enforcement agency" 33 means an agency of the State or a unit of local 34 government which is vested by law or ordinance with the HB1925 Engrossed -47- LRB9104191DJcd 1 duty to maintain public order and to enforce criminal 2 laws or ordinances. "Law enforcement agency" also means 3 the Attorney General or any state's attorney. 4 (2) No fee provided herein shall be charged to any 5 unit of local government or school district. The fee 6 requirements of this Section shall not apply to any 7 action instituted under subsection (b) of Section 11-31-1 8 of the Illinois Municipal Code by a private owner or 9 tenant of real property within 1200 feet of a dangerous 10 or unsafe building seeking an order compelling the owner 11 or owners of the building to take any of the actions 12 authorized under that subsection. 13 (ee) Adoption. 14 (1) For an adoption, requesting a copy of a 15 judgment for adoption, relief from a final judgment or 16 order, appointment of a confidential intermediary, or 17 requesting non-identifying information................$65 18 (2) Upon good cause shown, the court may waive the 19 adoption filing fee in a special needs adoption. The 20 term "special needs adoption" shall have the meaning 21 ascribed to it by the Illinois Department of Children and 22 Family Services. 23 (ff) Adoption exemptions. 24 No fee other than that set forth in subsection (ee) 25 shall be charged to any person in connection with an 26 adoption proceeding. 27 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 28 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 29 (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c) 30 Sec. 27.3c. Document storage system. 31 (a) The expense of establishing and maintaining a 32 document storage system in the offices of the circuit court 33 clerks in the several counties of this State shall be borne HB1925 Engrossed -48- LRB9104191DJcd 1 by the county. To defray the expense in any county that 2 elects to establish a document storage system and convert the 3 records of the circuit court clerk to electronic or 4 micrographic storage, the county board may require the clerk 5 of the circuit court in its county to collect a court 6 document fee of not less than $1 nor more than $10$5, to be 7 charged and collected by the clerk of the court. The fee 8 shall be paid at the time of filing the first pleading, 9 paper, or other appearance filed by each party in all civil 10 cases or by the defendant in any felony, misdemeanor, 11 traffic, ordinance, or conservation matter on a judgment of 12 guilty or grant of supervision, provided that the document 13 storage system is in place or has been authorized by the 14 county board and further that no additional fee shall be 15 required if more than one party is presented in a single 16 pleading, paper, or other appearance. The fee shall be 17 collected in the manner in which all other fees or costs are 18 collected. The court document fee provided in this 19 subsection (a) shall not apply to any petty offense moving 20 violation written by a municipal police department in 21 counties having a population of more than 650,000 but less 22 than 3,000,000 inhabitants whether written under the Illinois 23 Vehicle Code or under any municipal ordinance. 24 (b) Each clerk shall commence charges and collections of 25 a court document fee upon receipt of written notice from the 26 chairman of the county board together with a certified copy 27 of the board's resolution, which the clerk shall file of 28 record in his or her office. 29 (c) Court document fees shall be in addition to other 30 fees and charges of the clerk, shall be assessable as costs, 31 and may be waived only if the judge specifically provides for 32 the waiver of the court document storage fee. The fees shall 33 be remitted monthly by the clerk to the county treasurer, to 34 be retained by the treasurer in a special fund designated as HB1925 Engrossed -49- LRB9104191DJcd 1 the Court Document Storage Fund. The fund shall be audited 2 by the county auditor, and the board shall make expenditures 3 from the fund in payment of any costs relative to the storage 4 of court records, including hardware, software, research and 5 development costs, and related personnel, provided that the 6 expenditure is approved by the clerk of the circuit court. 7 (d) A court document fee shall not be charged in any 8 matter coming to the clerk on change of venue or in any 9 proceeding to review the decision of any administrative 10 officer, agency, or body. 11 (Source: P.A. 86-1386; 87-670.)