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[ Senate Amendment 001 ] |
92_HB1829sam002 LRB9205211BDdvam03 1 AMENDMENT TO HOUSE BILL 1829 2 AMENDMENT NO. . Amend House Bill 1829 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Clerks of Courts Act is amended by 5 changing Sections 27.1a, 27.2, and 27.2a as follows: 6 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 7 Sec. 27.1a. The fees of the clerks of the circuit court 8 in all counties having a population in excess of 180,000 but 9 not more than 500,000650,000inhabitants in the instances 10 described in this Section shall be as provided in this 11 Section. The fees shall be paid in advance and shall be as 12 follows: 13 (a) Civil Cases. 14 The fee for filing a complaint, petition, or other 15 pleading initiating a civil action, with the following 16 exceptions, shall be $150. 17 (A) When the amount of money or damages or the 18 value of personal property claimed does not exceed 19 $250, $10. 20 (B) When that amount exceeds $250 but does not 21 exceed $500, $20. 22 (C) When that amount exceeds $500 but does not -2- LRB9205211BDdvam03 1 exceed $2500, $30. 2 (D) When that amount exceeds $2500 but does 3 not exceed $15,000, $75. 4 (E) For the exercise of eminent domain, $150. 5 For each additional lot or tract of land or right or 6 interest therein subject to be condemned, the 7 damages in respect to which shall require separate 8 assessment by a jury, $150. 9 (a-1) Family. 10 For filing a petition under the Juvenile Court Act 11 of 1987, $25. 12 For filing a petition for a marriage license, $10. 13 For performing a marriage in court, $10. 14 For filing a petition under the Illinois Parentage 15 Act of 1984, $40. 16 (b) Forcible Entry and Detainer. 17 In each forcible entry and detainer case when the 18 plaintiff seeks possession only or unites with his or her 19 claim for possession of the property a claim for rent or 20 damages or both in the amount of $15,000 or less, $40. 21 When the plaintiff unites his or her claim for possession 22 with a claim for rent or damages or both exceeding 23 $15,000, $150. 24 (c) Counterclaim or Joining Third Party Defendant. 25 When any defendant files a counterclaim as part of 26 his or her answer or otherwise or joins another party as 27 a third party defendant, or both, the defendant shall pay 28 a fee for each counterclaim or third party action in an 29 amount equal to the fee he or she would have had to pay 30 had he or she brought a separate action for the relief 31 sought in the counterclaim or against the third party 32 defendant, less the amount of the appearance fee, if that 33 has been paid. 34 (d) Confession of Judgment. -3- LRB9205211BDdvam03 1 In a confession of judgment when the amount does not 2 exceed $1500, $50. When the amount exceeds $1500, but 3 does not exceed $15,000, $115. When the amount exceeds 4 $15,000, $200. 5 (e) Appearance. 6 The fee for filing an appearance in each civil case 7 shall be $50, except as follows: 8 (A) When the plaintiff in a forcible entry and 9 detainer case seeks possession only, $20. 10 (B) When the amount in the case does not 11 exceed $1500, $20. 12 (C) When that amount exceeds $1500 but does 13 not exceed $15,000, $40. 14 (f) Garnishment, Wage Deduction, and Citation. 15 In garnishment affidavit, wage deduction affidavit, 16 and citation petition when the amount does not exceed 17 $1,000, $10; when the amount exceeds $1,000 but does not 18 exceed $5,000, $20; and when the amount exceeds $5,000, 19 $30. 20 (g) Petition to Vacate or Modify. 21 (1) Petition to vacate or modify any final judgment 22 or order of court, except in forcible entry and detainer 23 cases and small claims cases or a petition to reopen an 24 estate, to modify, terminate, or enforce a judgment or 25 order for child or spousal support, or to modify, 26 suspend, or terminate an order for withholding, if filed 27 before 30 days after the entry of the judgment or order, 28 $40. 29 (2) Petition to vacate or modify any final judgment 30 or order of court, except a petition to modify, 31 terminate, or enforce a judgment or order for child or 32 spousal support or to modify, suspend, or terminate an 33 order for withholding, if filed later than 30 days after 34 the entry of the judgment or order, $60. -4- LRB9205211BDdvam03 1 (3) Petition to vacate order of bond forfeiture, 2 $20. 3 (h) Mailing. 4 When the clerk is required to mail, the fee will be 5 $6, plus the cost of postage. 6 (i) Certified Copies. 7 Each certified copy of a judgment after the first, 8 except in small claims and forcible entry and detainer 9 cases, $10. 10 (j) Habeas Corpus. 11 For filing a petition for relief by habeas corpus, 12 $80. 13 (k) Certification, Authentication, and Reproduction. 14 (1) Each certification or authentication for taking 15 the acknowledgment of a deed or other instrument in 16 writing with the seal of office, $4. 17 (2) Court appeals when original documents are 18 forwarded, under 100 pages, plus delivery and costs, $50. 19 (3) Court appeals when original documents are 20 forwarded, over 100 pages, plus delivery and costs, $120. 21 (4) Court appeals when original documents are 22 forwarded, over 200 pages, an additional fee of 20 cents 23 per page. 24 (5) For reproduction of any document contained in 25 the clerk's files: 26 (A) First page, $2. 27 (B) Next 19 pages, 50 cents per page. 28 (C) All remaining pages, 25 cents per page. 29 (l) Remands. 30 In any cases remanded to the Circuit Court from the 31 Supreme Court or the Appellate Court for a new trial, the 32 clerk shall file the remanding order and reinstate the 33 case with either its original number or a new number. The 34 Clerk shall not charge any new or additional fee for the -5- LRB9205211BDdvam03 1 reinstatement. Upon reinstatement the Clerk shall advise 2 the parties of the reinstatement. A party shall have the 3 same right to a jury trial on remand and reinstatement as 4 he or she had before the appeal, and no additional or new 5 fee or charge shall be made for a jury trial after 6 remand. 7 (m) Record Search. 8 For each record search, within a division or 9 municipal district, the clerk shall be entitled to a 10 search fee of $4 for each year searched. 11 (n) Hard Copy. 12 For each page of hard copy print output, when case 13 records are maintained on an automated medium, the clerk 14 shall be entitled to a fee of $4. 15 (o) Index Inquiry and Other Records. 16 No fee shall be charged for a single 17 plaintiff/defendant index inquiry or single case record 18 inquiry when this request is made in person and the 19 records are maintained in a current automated medium, and 20 when no hard copy print output is requested. The fees to 21 be charged for management records, multiple case records, 22 and multiple journal records may be specified by the 23 Chief Judge pursuant to the guidelines for access and 24 dissemination of information approved by the Supreme 25 Court. 26 (p) Commitment Petitions. 27 For filing commitment petitions under the Mental 28 Health and Developmental Disabilities Code and for filing 29 a transcript of commitment proceedings held in another 30 county, $25. 31 (q) Alias Summons. 32 For each alias summons or citation issued by the 33 clerk, $4. 34 (r) Other Fees. -6- LRB9205211BDdvam03 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 $192.50, as a 19 fee 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 -7- LRB9205211BDdvam03 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 -8- LRB9205211BDdvam03 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 -9- LRB9205211BDdvam03 1 (v)(3)(D), for filing the appearance of any person 2 or persons, $10. 3 (F) For each jury demand, $102.50. 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 or her 29 attorney shall pay to the clerk all postage charges 30 incurred by the clerk in mailing petitions, orders, 31 notices, or other documents pursuant to the provisions of 32 the Probate Act of 1975. 33 (w) Criminal and Quasi-Criminal Costs and Fees. 34 (1) The clerk shall be entitled to costs in all -10- LRB9205211BDdvam03 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 in excess of 22 180,000 but not more than 500,000650,000inhabitants, 23 when the violation complaint is issued by a municipal 24 police department, the clerk shall be entitled to costs 25 from 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 $62.50 as a fee for the services of a jury. The jury fee -11- LRB9205211BDdvam03 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 a 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 on 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 -12- LRB9205211BDdvam03 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 maintaining child support records and 6 the processing of support orders to the State of Illinois 7 KIDS system and the recording of payments issued by the 8 State Disbursement Unit for the official record of the 9 Court. This fee shall be in addition to and separate 10 from amounts ordered to be paid as maintenance or child 11 support and shall be deposited into a Separate 12 Maintenance and Child Support Collection Fund, of which 13 the clerk shall be the custodian, ex-officio, to be used 14 by the clerk to maintain child support orders and record 15 all payments issued by the State Disbursement Unit for 16 the official record of the Court. The clerk may recover 17 from the person making the maintenance or child support 18 payment any additional cost incurred in the collection 19 of this annual fee. 20 The clerk shall also be entitled to a fee of $5 for 21 certifications made to the Secretary of State as provided 22 in Section 7-703 of the Family Financial Responsibility 23 Law and these fees shall also be deposited into the 24 Separate Maintenance and Child Support Collection Fund. 25 (cc) Corrections of Numbers. 26 For correction of the case number, case title, or 27 attorney computer identification number, if required by 28 rule of court, on any document filed in the clerk's 29 office, to be charged against the party that filed the 30 document, $15. 31 (dd) Exceptions. 32 (1) The fee requirements of this Section shall not 33 apply to police departments or other law enforcement 34 agencies. In this Section, "law enforcement agency" -13- LRB9205211BDdvam03 1 means an agency of the State or a unit of local 2 government which is vested by law or ordinance with the 3 duty to maintain public order and to enforce criminal 4 laws or ordinances. "Law enforcement agency" also means 5 the Attorney General or any state's attorney. 6 (2) No fee provided herein shall be charged to any 7 unit of local government or school district. 8 (3) The fee requirements of this Section shall not 9 apply to any action instituted under subsection (b) of 10 Section 11-31-1 of the Illinois Municipal Code by a 11 private owner or tenant of real property within 1200 feet 12 of a dangerous or unsafe building seeking an order 13 compelling the owner or owners of the building to take 14 any of the actions authorized under that subsection. 15 (ee) Adoptions. 16 (1) For an adoption.............................$65 17 (2) Upon good cause shown, the court may waive the 18 adoption filing fee in a special needs adoption. The 19 term "special needs adoption" shall have the meaning 20 ascribed to it by the Illinois Department of Children and 21 Family Services. 22 (ff) Adoption exemptions. 23 No fee other than that set forth in subsection (ee) 24 shall be charged to any person in connection with an 25 adoption proceeding. 26 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 27 92-16, eff. 6-28-01.) 28 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 29 Sec. 27.2. The fees of the clerks of the circuit court 30 in all counties having a population in excess of 500,000 31650,000inhabitants but less than 3,000,000 inhabitants in 32 the instances described in this Section shall be as provided 33 in this Section. In those instances where a minimum and -14- LRB9205211BDdvam03 1 maximum fee is stated, counties with more than 500,000 2 inhabitants but less than 3,000,000 inhabitants must charge 3 the minimum fee listed in this Section and may charge up to 4 the maximum fee if the county board has by resolution 5 increased the fee. In addition, the minimum fees authorized 6providedin this Section shall apply to all units of local 7 government and school districts in counties with more than 8 3,000,000 inhabitants. The fees shall be paid in advance and 9 shall be as follows: 10 (a) Civil Cases. 11 The fee for filing a complaint, petition, or other 12 pleading initiating a civil action, with the following 13 exceptions, shall be a minimum of $150 and a maximum of 14 $190. 15 (A) When the amount of money or damages or the 16 value of personal property claimed does not exceed 17 $250, a minimum of $10 and a maximum of $15. 18 (B) When that amount exceeds $250 but does not 19 exceed $1,000$500, a minimum of $20 and a maximum 20 of $40. 21 (C) When that amount exceeds $1,000$500but 22 does not exceed $2500, a minimum of $30 and a 23 maximum of $50. 24 (D) When that amount exceeds $2500 but does 25 not exceed $5,000$15,000, a minimum of $75 and a 26 maximum of $100. 27 (D-5) When the amount exceeds $5,000 but does 28 not exceed $15,000, a minimum of $75 and a maximum 29 of $150. 30 (E) For the exercise of eminent domain, $150. 31 For each additional lot or tract of land or right or 32 interest therein subject to be condemned, the 33 damages in respect to which shall require separate 34 assessment by a jury, $150. -15- LRB9205211BDdvam03 1 (b) Forcible Entry and Detainer. 2 In each forcible entry and detainer case when the 3 plaintiff seeks possession only or unites with his or her 4 claim for possession of the property a claim for rent or 5 damages or both in the amount of $15,000 or less, a 6 minimum of $40 and a maximum of $75. When the plaintiff 7 unites his or her claim for possession with a claim for 8 rent or damages or both exceeding $15,000, a minimum of 9 $150 and a maximum of $225. 10 (c) Counterclaim or Joining Third Party Defendant. 11 When any defendant files a counterclaim as part of 12 his or her answer or otherwise or joins another party as 13 a third party defendant, or both, the defendant shall pay 14 a fee for each counterclaim or third party action in an 15 amount equal to the fee he or she would have had to pay 16 had he or she brought a separate action for the relief 17 sought in the counterclaim or against the third party 18 defendant, less the amount of the appearance fee, if that 19 has been paid. 20 (d) Confession of Judgment. 21 In a confession of judgment when the amount does not 22 exceed $1500, a minimum of $50 and a maximum of $60. 23 When the amount exceeds $1500, but does not exceed $5,000 24$15,000, $75$115. When the amount exceeds $5,000, but 25 does not exceed $15,000, $175. When the amount exceeds 26 $15,000, a minimum of $200 and a maximum of $250. 27 (e) Appearance. 28 The fee for filing an appearance in each civil case 29 shall be a minimum of $50 and a maximum of $75, except as 30 follows: 31 (A) When the plaintiff in a forcible entry and 32 detainer case seeks possession only, a minimum of;33 $20 and a maximum of $40. 34 (B) When the amount in the case does not -16- LRB9205211BDdvam03 1 exceed $1500, a minimum of $20 and a maximum of $40. 2 (C) When thethatamount in the case exceeds 3 $1500 but does not exceed $15,000, a minimum of $40 4 and a maximum of $60. 5 (f) Garnishment, Wage Deduction, and Citation. 6 In garnishment affidavit, wage deduction affidavit, 7 and citation petition when the amount does not exceed 8 $1,000, a minimum of $10 and a maximum of $15; when the 9 amount exceeds $1,000 but does not exceed $5,000, a 10 minimum of $20 and a maximum of $30; and when the amount 11 exceeds $5,000, a minimum of $30 and a maximum of $50. 12 (g) Petition to Vacate or Modify. 13 (1) Petition to vacate or modify any final judgment 14 or order of court, except in forcible entry and detainer 15 cases and small claims cases or a petition to reopen an 16 estate, to modify, terminate, or enforce a judgment or 17 order for child or spousal support, or to modify, 18 suspend, or terminate an order for withholding, if filed 19 before 30 days after the entry of the judgment or order, 20 a minimum of $40 and a maximum of $50. 21 (2) Petition to vacate or modify any final judgment 22 or order of court, except a petition to modify, 23 terminate, or enforce a judgment or order for child or 24 spousal support or to modify, suspend, or terminate an 25 order for withholding, if filed later than 30 days after 26 the entry of the judgment or order, a minimum of $60 and 27 a maximum of $75. 28 (3) Petition to vacate order of bond forfeiture, a 29 minimum of $20 and a maximum of $40. 30 (h) Mailing. 31 When the clerk is required to mail, the fee will be 32 a minimum of $6 and a maximum of $10, plus the cost of 33 postage. 34 (i) Certified Copies. -17- LRB9205211BDdvam03 1 Each certified copy of a judgment after the first, 2 except in small claims and forcible entry and detainer 3 cases, a minimum of $10 and a maximum of $15. 4 (j) Habeas Corpus. 5 For filing a petition for relief by habeas corpus, a 6 minimum of $80 and a maximum of $125. 7 (k) Certification, Authentication, and Reproduction. 8 (1) Each certification or authentication for taking 9 the acknowledgment of a deed or other instrument in 10 writing with the seal of office, a minimum of $4 and a 11 maximum of $6. 12 (2) Court appeals when original documents are 13 forwarded, under 100 pages, plus delivery and costs, a 14 minimum of $50 and a maximum of $75. 15 (3) Court appeals when original documents are 16 forwarded, over 100 pages, plus delivery and costs, a 17 minimum of $120 and a maximum of $150. 18 (4) Court appeals when original documents are 19 forwarded, over 200 pages, an additional fee of a minimum 20 of 20 and a maximum of 25 cents per page. 21 (5) For reproduction of any document contained in 22 the clerk's files: 23 (A) First page, $2. 24 (B) Next 19 pages, 50 cents per page. 25 (C) All remaining pages, 25 cents per page. 26 (l) Remands. 27 In any cases remanded to the Circuit Court from the 28 Supreme Court or the Appellate Court for a new trial, the 29 clerk shall file the remanding order and reinstate the 30 case with either its original number or a new number. The 31 Clerk shall not charge any new or additional fee for the 32 reinstatement. Upon reinstatement the Clerk shall advise 33 the parties of the reinstatement. A party shall have the 34 same right to a jury trial on remand and reinstatement as -18- LRB9205211BDdvam03 1 he or she had before the appeal, and no additional or new 2 fee or charge shall be made for a jury trial after 3 remand. 4 (m) Record Search. 5 For each record search, within a division or 6 municipal district, the clerk shall be entitled to a 7 search fee of a minimum of $4 and a maximum of $6 for 8 each year searched. 9 (n) Hard Copy. 10 For each page of hard copy print output, when case 11 records are maintained on an automated medium, the clerk 12 shall be entitled to a fee of a minimum of $4 and a 13 maximum of $6. 14 (o) Index Inquiry and Other Records. 15 No fee shall be charged for a single 16 plaintiff/defendant index inquiry or single case record 17 inquiry when this request is made in person and the 18 records are maintained in a current automated medium, and 19 when no hard copy print output is requested. The fees to 20 be charged for management records, multiple case records, 21 and multiple journal records may be specified by the 22 Chief Judge pursuant to the guidelines for access and 23 dissemination of information approved by the Supreme 24 Court. 25 (p) Commitment Petitions. 26 For filing commitment petitions under the Mental 27 Health and Developmental Disabilities Code, a minimum of 28 $25 and a maximum of $50. 29 (q) Alias Summons. 30 For each alias summons or citation issued by the 31 clerk, a minimum of $4 and a maximum of $5. 32 (r) Other Fees. 33 Any fees not covered in this Section shall be set by 34 rule or administrative order of the Circuit Court with -19- LRB9205211BDdvam03 1 the approval of the Administrative Office of the Illinois 2 Courts. 3 The clerk of the circuit court may provide 4 additional services for which there is no fee specified 5 by statute in connection with the operation of the 6 clerk's office as may be requested by the public and 7 agreed to by the clerk and approved by the chief judge of 8 the circuit court. Any charges for additional services 9 shall be as agreed to between the clerk and the party 10 making the request and approved by the chief judge of the 11 circuit court. Nothing in this subsection shall be 12 construed to require any clerk to provide any service not 13 otherwise required by law. 14 (s) Jury Services. 15 The clerk shall be entitled to receive, in addition 16 to other fees allowed by law, the sum of a minimum of 17 $192.50 and a maximum of $212.50, as a fee for the 18 services of a jury in every civil action not 19 quasi-criminal in its nature and not a proceeding for the 20 exercise of the right of eminent domain and in every 21 other action wherein the right of trial by jury is or may 22 be given by law. The jury fee shall be paid by the party 23 demanding a jury at the time of filing the jury demand. 24 If the fee is not paid by either party, no jury shall be 25 called in the action or proceeding, and the same shall be 26 tried by the court without a jury. 27 (t) Voluntary Assignment. 28 For filing each deed of voluntary assignment, a 29 minimum of $10 and a maximum of $20; for recording the 30 same, a minimum of 25¢ and a maximum of 50¢ for each 100 31 words. Exceptions filed to claims presented to an 32 assignee of a debtor who has made a voluntary assignment 33 for the benefit of creditors shall be considered and 34 treated, for the purpose of taxing costs therein, as -20- LRB9205211BDdvam03 1 actions in which the party or parties filing the 2 exceptions shall be considered as party or parties 3 plaintiff, and the claimant or claimants as party or 4 parties defendant, and those parties respectively shall 5 pay to the clerk the same fees as provided by this 6 Section to be paid in other actions. 7 (u) Expungement Petition. 8 The clerk shall be entitled to receive a fee of a 9 minimum of $30 and a maximum of $60 for each expungement 10 petition filed and an additional fee of a minimum of $2 11 and a maximum of $4 for each certified copy of an order 12 to expunge arrest records. 13 (v) Probate. 14 The clerk is entitled to receive the fees specified in 15 this subsection (v), which shall be paid in advance, except 16 that, for good cause shown, the court may suspend, reduce, or 17 release the costs payable under this subsection: 18 (1) For administration of the estate of a decedent 19 (whether testate or intestate) or of a missing person, a 20 minimum of $100 and a maximum of $150, plus the fees 21 specified in subsection (v)(3), except: 22 (A) When the value of the real and personal 23 property does not exceed $15,000, the fee shall be a 24 minimum of $25 and a maximum of $40. 25 (B) When (i) proof of heirship alone is made, 26 (ii) a domestic or foreign will is admitted to 27 probate without administration (including proof of 28 heirship), or (iii) letters of office are issued for 29 a particular purpose without administration of the 30 estate, the fee shall be a minimum of $25 and a 31 maximum of $40. 32 (2) For administration of the estate of a ward, a 33 minimum of $50 and a maximum of $75, plus the fees 34 specified in subsection (v)(3), except: -21- LRB9205211BDdvam03 1 (A) When the value of the real and personal 2 property does not exceed $15,000, the fee shall be a 3 minimum of $25 a maximum of $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 a 11 minimum of $10 a maximum of $20. 12 (3) In addition to the fees payable under 13 subsection (v)(1) or (v)(2) of this Section, the 14 following fees are payable: 15 (A) For each account (other than one final 16 account) filed in the estate of a decedent, or ward, 17 a minimum of $15 a maximum of $25. 18 (B) For filing a claim in an estate when the 19 amount claimed is $150 or more but less than $500, a 20 minimum of $10 and a maximum of $20; when the amount 21 claimed is $500 or more but less than $10,000, a 22 minimum of $25 and a maximum of $40; when the amount 23 claimed is $10,000 or more, a minimum of $40 and a 24 maximum of $60; provided that the court in allowing 25 a claim may add to the amount allowed the filing fee 26 paid by the claimant. 27 (C) For filing in an estate a claim, petition, 28 or supplemental proceeding based upon an action 29 seeking equitable relief including the construction 30 or contest of a will, enforcement of a contract to 31 make a will, and proceedings involving testamentary 32 trusts or the appointment of testamentary trustees, 33 a minimum of $40 and a maximum of $60. 34 (D) For filing in an estate (i) the appearance -22- LRB9205211BDdvam03 1 of any person for the purpose of consent or (ii) the 2 appearance of an executor, administrator, 3 administrator to collect, guardian, guardian ad 4 litem, or special administrator, no fee. 5 (E) Except as provided in subsection 6 (v)(3)(D), for filing the appearance of any person 7 or persons, a minimum of $10 a maximum of $30. 8 (F) For each jury demand, a minimum of $102.50 9 and a maximum of $137.50. 10 (G) For disposition of the collection of a 11 judgment or settlement of an action or claim for 12 wrongful death of a decedent or of any cause of 13 action of a ward, when there is no other 14 administration of the estate, a minimum of $30 and a 15 maximum of $50, less any amount paid under 16 subsection (v)(1)(B) or (v)(2)(B) except that if the 17 amount involved does not exceed $5,000, the fee, 18 including any amount paid under subsection (v)(1)(B) 19 or (v)(2)(B), shall be a minimum of $10 and a 20 maximum of $20. 21 (H) For each certified copy of letters of 22 office, of court order or other certification, a 23 minimum of $1 and a maximum of $2, plus a minimum of 24 50¢ and a maximum of $1 per page in excess of 3 25 pages for the document certified. 26 (I) For each exemplification, a minimum of $1 27 and a maximum of $2, plus the fee for certification. 28 (4) The executor, administrator, guardian, 29 petitioner, or other interested person or his or her 30 attorney shall pay the cost of publication by the clerk 31 directly to the newspaper. 32 (5) The person on whose behalf a charge is incurred 33 for witness, court reporter, appraiser, or other 34 miscellaneous fee shall pay the same directly to the -23- LRB9205211BDdvam03 1 person entitled thereto. 2 (6) The executor, administrator, guardian, 3 petitioner, or other interested person or his attorney 4 shall pay to the clerk all postage charges incurred by 5 the clerk in mailing petitions, orders, notices, or other 6 documents pursuant to the provisions of the Probate Act 7 of 1975. 8 (w) Criminal and Quasi-Criminal Costs and Fees. 9 (1) The clerk shall be entitled to costs in all 10 criminal and quasi-criminal cases from each person 11 convicted or sentenced to supervision therein as follows: 12 (A) Felony complaints, a minimum of $80 and a 13 maximum of $125. 14 (B) Misdemeanor complaints, a minimum of $50 15 and a maximum of $75. 16 (C) Business offense complaints, a minimum of 17 $50 and a maximum of $75. 18 (D) Petty offense complaints, a minimum of $50 19 and a maximum of $75. 20 (E) Minor traffic or ordinance violations, 21 $20. 22 (F) When court appearance required, $30. 23 (G) Motions to vacate or amend final orders, a 24 minimum of $20 and a maximum of $40. 25 (H) Motions to vacate bond forfeiture orders, 26 a minimum of $20 and a maximum of $30. 27 (I) Motions to vacate ex parte judgments, 28 whenever filed, a minimum of $20 and a maximum of 29 $30. 30 (J) Motions to vacate judgment on forfeitures, 31 whenever filed, a minimum of $20 a maximum of $25. 32 (K) Motions to vacate "failure to appear" or 33 "failure to comply" notices sent to the Secretary of 34 State, a minimum of $20 and a maximum of $40. -24- LRB9205211BDdvam03 1 (2) In counties having a population of more than 2 500,000650,000but fewer than 3,000,000 inhabitants, 3 when the violation complaint is issued by a municipal 4 police department, the clerk shall be entitled to costs 5 from each person convicted therein as follows: 6 (A) Minor traffic or ordinance violations, 7 $10. 8 (B) When court appearance required, $15. 9 (3) In ordinance violation cases punishable by fine 10 only, the clerk of the circuit court shall be entitled to 11 receive, unless the fee is excused upon a finding by the 12 court that the defendant is indigent, in addition to 13 other fees or costs allowed or imposed by law, the sum of 14 a minimum of $50 and a maximum of $112.50 as a fee for 15 the services of a jury. The jury fee shall be paid by 16 the defendant at the time of filing his or her jury 17 demand. If the fee is not so paid by the defendant, no 18 jury shall be called, and the case shall be tried by the 19 court without a jury. 20 (x) Transcripts of Judgment. 21 For the filing of a transcript of judgment, the 22 clerk shall be entitled to the same fee as if it were the 23 commencement of new suit. 24 (y) Change of Venue. 25 (1) For the filing of a change of case on a change 26 of venue, the clerk shall be entitled to the same fee as 27 if it were the commencement of a new suit. 28 (2) The fee for the preparation and certification 29 of a record on a change of venue to another jurisdiction, 30 when original documents are forwarded, a minimum of $25 31 and a maximum of $40. 32 (z) Tax objection complaints. 33 For each tax objection complaint containing one or 34 more tax objections, regardless of the number of parcels -25- LRB9205211BDdvam03 1 involved or the number of taxpayers joining in the 2 complaint, a minimum of $25 and a maximum of $50. 3 (aa) Tax Deeds. 4 (1) Petition for tax deed, if only one parcel is 5 involved, a minimum of $150 and a maximum of $250. 6 (2) For each additional parcel, add a fee of a 7 minimum of $50 and a maximum of $100. 8 (bb) Collections. 9 (1) For all collections made of others, except the 10 State and county and except in maintenance or child 11 support cases, a sum equal to a minimum of 2.5% and a 12 maximum of 3.0% of the amount collected and turned over. 13 (2) Interest earned on any funds held by the clerk 14 shall be turned over to the county general fund as an 15 earning of the office. 16 (3) For any check, draft, or other bank instrument 17 returned to the clerk for non-sufficient funds, account 18 closed, or payment stopped, $25. 19 (4) In child support and maintenance cases, the 20 clerk, if authorized by an ordinance of the county board, 21 may collect an annual fee of up to $36 from the person 22 making payment for maintaining child support records and 23 the processing of support orders to the State of Illinois 24 KIDS system and the recording of payments issued by the 25 State Disbursement Unit for the official record of the 26 Court. This fee shall be in addition to and separate from 27 amounts ordered to be paid as maintenance or child 28 support and shall be deposited into a Separate 29 Maintenance and Child Support Collection Fund, of which 30 the clerk shall be the custodian, ex-officio, to be used 31 by the clerk to maintain child support orders and record 32 all payments issued by the State Disbursement Unit for 33 the official record of the Court. The clerk may recover 34 from the person making the maintenance or child support -26- LRB9205211BDdvam03 1 payment any additional cost incurred in the collection of 2 this annual fee. 3 The clerk shall also be entitled to a fee of $5 for 4 certifications made to the Secretary of State as provided 5 in Section 7-703 of the Family Financial Responsibility 6 Law and these fees shall also be deposited into the 7 Separate Maintenance and Child Support Collection Fund. 8 (cc) Corrections of Numbers. 9 For correction of the case number, case title, or 10 attorney computer identification number, if required by 11 rule of court, on any document filed in the clerk's 12 office, to be charged against the party that filed the 13 document, a minimum of $15 and a maximum of $25. 14 (dd) Exceptions. 15 The fee requirements of this Section shall not apply 16 to police departments or other law enforcement agencies. 17 In this Section, "law enforcement agency" means an agency 18 of the State or a unit of local government which is 19 vested by law or ordinance with the duty to maintain 20 public order and to enforce criminal laws or ordinances. 21 "Law enforcement agency" also means the Attorney General 22 or any state's attorney. The fee requirements of this 23 Section shall not apply to any action instituted under 24 subsection (b) of Section 11-31-1 of the Illinois 25 Municipal Code by a private owner or tenant of real 26 property within 1200 feet of a dangerous or unsafe 27 building seeking an order compelling the owner or owners 28 of the building to take any of the actions authorized 29 under that subsection. 30 (ee) Adoptions. 31 (1) For an adoption.............................$65 32 (2) Upon good cause shown, the court may waive the 33 adoption filing fee in a special needs adoption. The 34 term "special needs adoption" shall have the meaning -27- LRB9205211BDdvam03 1 ascribed to it by the Illinois Department of Children and 2 Family Services. 3 (ff) Adoption exemptions. 4 No fee other than that set forth in subsection (ee) 5 shall be charged to any person in connection with an 6 adoption proceeding. 7 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 8 92-16, eff. 6-28-01.) 9 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 10 Sec. 27.2a. The fees of the clerks of the circuit court 11 in all counties having a population of 3,000,000 or more 12 inhabitants in the instances described in this Section shall 13 be as provided in this Section. In those instances where a 14 minimum and maximum fee is stated, the clerk of the circuit 15 court must charge the minimum fee listed and may charge up to 16 the maximum fee if the county board has by resolution 17 increased the fee. The fees shall be paid in advance and 18 shall be as follows: 19 (a) Civil Cases. 20 The fee for filing a complaint, petition, or other 21 pleading initiating a civil action, with the following 22 exceptions, shall be a minimum of $190 and a maximum of 23 $240. 24 (A) When the amount of money or damages or the 25 value of personal property claimed does not exceed 26 $250, a minimum of $15 and a maximum of $22. 27 (B) When that amount exceeds $250 but does not 28 exceed $1000, a minimum of $40 and a maximum of $75. 29 (C) When that amount exceeds $1000 but does 30 not exceed $2500, a minimum of $50 and a maximum of 31 $80. 32 (D) When that amount exceeds $2500 but does 33 not exceed $5000, a minimum of $100 and a maximum of -28- LRB9205211BDdvam03 1 $130. 2 (E) When that amount exceeds $5000 but does 3 not exceed $15,000, $150. 4 (F) For the exercise of eminent domain, $150. 5 For each additional lot or tract of land or right or 6 interest therein subject to be condemned, the 7 damages in respect to which shall require separate 8 assessment by a jury, $150. 9 (G) For the final determination of parking, 10 standing, and compliance violations and final 11 administrative decisions issued after hearings 12 regarding vehicle immobilization and impoundment 13 made pursuant to Sections 3-704.1, 6-306.5, and 14 11-208.3 of the Illinois Vehicle Code, $25. 15 (b) Forcible Entry and Detainer. 16 In each forcible entry and detainer case when the 17 plaintiff seeks possession only or unites with his or her 18 claim for possession of the property a claim for rent or 19 damages or both in the amount of $15,000 or less, a 20 minimum of $75 and a maximum of $140. When the plaintiff 21 unites his or her claim for possession with a claim for 22 rent or damages or both exceeding $15,000, a minimum of 23 $225 and a maximum of $335. 24 (c) Counterclaim or Joining Third Party Defendant. 25 When any defendant files a counterclaim as part of 26 his or her answer or otherwise or joins another party as 27 a third party defendant, or both, the defendant shall pay 28 a fee for each counterclaim or third party action in an 29 amount equal to the fee he or she would have had to pay 30 had he or she brought a separate action for the relief 31 sought in the counterclaim or against the third party 32 defendant, less the amount of the appearance fee, if that 33 has been paid. 34 (d) Confession of Judgment. -29- LRB9205211BDdvam03 1 In a confession of judgment when the amount does not 2 exceed $1500, a minimum of $60 and a maximum of $70. 3 When the amount exceeds $1500, but does not exceed $5000, 4 a minimum of $75 and a maximum of $150. When the amount 5 exceeds $5000, but does not exceed $15,000, a minimum of 6 $175 and a maximum of $260. When the amount exceeds 7 $15,000, a minimum of $250 and a maximum of $310. 8 (e) Appearance. 9 The fee for filing an appearance in each civil case 10 shall be a minimum of $75 and a maximum of $110, except 11 as follows: 12 (A) When the plaintiff in a forcible entry and 13 detainer case seeks possession only, a minimum of 14 $40 and a maximum of $80. 15 (B) When the amount in the case does not 16 exceed $1500, a minimum of $40 and a maximum of $80. 17 (C) When that amount exceeds $1500 but does 18 not exceed $15,000, a minimum of $60 and a maximum 19 of $90. 20 (f) Garnishment, Wage Deduction, and Citation. 21 In garnishment affidavit, wage deduction affidavit, 22 and citation petition when the amount does not exceed 23 $1,000, a minimum of $15 and a maximum of $25; when the 24 amount exceeds $1,000 but does not exceed $5,000, a 25 minimum of $30 and a maximum of $45; and when the amount 26 exceeds $5,000, a minimum of $50 and a maximum of $80. 27 (g) Petition to Vacate or Modify. 28 (1) Petition to vacate or modify any final judgment 29 or order of court, except in forcible entry and detainer 30 cases and small claims cases or a petition to reopen an 31 estate, to modify, terminate, or enforce a judgment or 32 order for child or spousal support, or to modify, 33 suspend, or terminate an order for withholding, if filed 34 before 30 days after the entry of the judgment or order, -30- LRB9205211BDdvam03 1 a minimum of $50 and a maximum of $60. 2 (2) Petition to vacate or modify any final judgment 3 or order of court, except a petition to modify, 4 terminate, or enforce a judgment or order for child or 5 spousal support or to modify, suspend, or terminate an 6 order for withholding, if filed later than 30 days after 7 the entry of the judgment or order, a minimum of $75 and 8 a maximum of $90. 9 (3) Petition to vacate order of bond forfeiture, a 10 minimum of $40 and a maximum of $80. 11 (h) Mailing. 12 When the clerk is required to mail, the fee will be 13 a minimum of $10 and a maximum of $15, plus the cost of 14 postage. 15 (i) Certified Copies. 16 Each certified copy of a judgment after the first, 17 except in small claims and forcible entry and detainer 18 cases, a minimum of $15 and a maximum of $20. 19 (j) Habeas Corpus. 20 For filing a petition for relief by habeas corpus, a 21 minimum of $125 and a maximum of $190. 22 (k) Certification, Authentication, and Reproduction. 23 (1) Each certification or authentication for taking 24 the acknowledgment of a deed or other instrument in 25 writing with the seal of office, a minimum of $6 and a 26 maximum of $9. 27 (2) Court appeals when original documents are 28 forwarded, under 100 pages, plus delivery and costs, a 29 minimum of $75 and a maximum of $110. 30 (3) Court appeals when original documents are 31 forwarded, over 100 pages, plus delivery and costs, a 32 minimum of $150 and a maximum of $185. 33 (4) Court appeals when original documents are 34 forwarded, over 200 pages, an additional fee of a minimum -31- LRB9205211BDdvam03 1 of 25 and a maximum of 30 cents per page. 2 (5) For reproduction of any document contained in 3 the clerk's files: 4 (A) First page, $2. 5 (B) Next 19 pages, 50 cents per page. 6 (C) All remaining pages, 25 cents per page. 7 (l) Remands. 8 In any cases remanded to the Circuit Court from the 9 Supreme Court or the Appellate Court for a new trial, the 10 clerk shall file the remanding order and reinstate the 11 case with either its original number or a new number. 12 The Clerk shall not charge any new or additional fee for 13 the reinstatement. Upon reinstatement the Clerk shall 14 advise the parties of the reinstatement. A party shall 15 have the same right to a jury trial on remand and 16 reinstatement as he or she had before the appeal, and no 17 additional or new fee or charge shall be made for a jury 18 trial after remand. 19 (m) Record Search. 20 For each record search, within a division or 21 municipal district, the clerk shall be entitled to a 22 search fee of a minimum of $6 and a maximum of $9 for 23 each year searched. 24 (n) Hard Copy. 25 For each page of hard copy print output, when case 26 records are maintained on an automated medium, the clerk 27 shall be entitled to a fee of a minimum of $6 and a 28 maximum of $9. 29 (o) Index Inquiry and Other Records. 30 No fee shall be charged for a single 31 plaintiff/defendant index inquiry or single case record 32 inquiry when this request is made in person and the 33 records are maintained in a current automated medium, and 34 when no hard copy print output is requested. The fees to -32- LRB9205211BDdvam03 1 be charged for management records, multiple case records, 2 and multiple journal records may be specified by the 3 Chief Judge pursuant to the guidelines for access and 4 dissemination of information approved by the Supreme 5 Court. 6 (p) Commitment Petitions. 7 For filing commitment petitions under the Mental 8 Health and Developmental Disabilities Code, a minimum of 9 $50 and a maximum of $100. 10 (q) Alias Summons. 11 For each alias summons or citation issued by the 12 clerk, a minimum of $5 and a maximum of $6. 13 (r) Other Fees. 14 Any fees not covered in this Section shall be set by 15 rule or administrative order of the Circuit Court with 16 the approval of the Administrative Office of the Illinois 17 Courts. 18 The clerk of the circuit court may provide 19 additional services for which there is no fee specified 20 by statute in connection with the operation of the 21 clerk's office as may be requested by the public and 22 agreed to by the clerk and approved by the chief judge of 23 the circuit court. Any charges for additional services 24 shall be as agreed to between the clerk and the party 25 making the request and approved by the chief judge of the 26 circuit court. Nothing in this subsection shall be 27 construed to require any clerk to provide any service not 28 otherwise required by law. 29 (s) Jury Services. 30 The clerk shall be entitled to receive, in addition 31 to other fees allowed by law, the sum of a minimum of 32 $212.50 and maximum of $230, as a fee for the services of 33 a jury in every civil action not quasi-criminal in its 34 nature and not a proceeding for the exercise of the right -33- LRB9205211BDdvam03 1 of eminent domain and in every other action wherein the 2 right of trial by jury is or may be given by law. The 3 jury fee shall be paid by the party demanding a jury at 4 the time of filing the jury demand. If the fee is not 5 paid by either party, no jury shall be called in the 6 action or proceeding, and the same shall be tried by the 7 court without a jury. 8 (t) Voluntary Assignment. 9 For filing each deed of voluntary assignment, a 10 minimum of $20 and a maximum of $40; for recording the 11 same, a minimum of 50¢ and a maximum of $0.80 for each 12 100 words. Exceptions filed to claims presented to an 13 assignee of a debtor who has made a voluntary assignment 14 for the benefit of creditors shall be considered and 15 treated, for the purpose of taxing costs therein, as 16 actions in which the party or parties filing the 17 exceptions shall be considered as party or parties 18 plaintiff, and the claimant or claimants as party or 19 parties defendant, and those parties respectively shall 20 pay to the clerk the same fees as provided by this 21 Section to be paid in other actions. 22 (u) Expungement Petition. 23 The clerk shall be entitled to receive a fee of a 24 minimum of $60 and a maximum of $120 for each expungement 25 petition filed and an additional fee of a minimum of $4 26 and a maximum of $8 for each certified copy of an order 27 to expunge arrest records. 28 (v) Probate. 29 The clerk is entitled to receive the fees specified in 30 this subsection (v), which shall be paid in advance, except 31 that, for good cause shown, the court may suspend, reduce, or 32 release the costs payable under this subsection: 33 (1) For administration of the estate of a decedent 34 (whether testate or intestate) or of a missing person, a -34- LRB9205211BDdvam03 1 minimum of $150 and a maximum of $225, plus the fees 2 specified in subsection (v)(3), except: 3 (A) When the value of the real and personal 4 property does not exceed $15,000, the fee shall be a 5 minimum of $40 and a maximum of $65. 6 (B) When (i) proof of heirship alone is made, 7 (ii) a domestic or foreign will is admitted to 8 probate without administration (including proof of 9 heirship), or (iii) letters of office are issued for 10 a particular purpose without administration of the 11 estate, the fee shall be a minimum of $40 and a 12 maximum of $65. 13 (2) For administration of the estate of a ward, a 14 minimum of $75 and a maximum of $110, plus the fees 15 specified in subsection (v)(3), except: 16 (A) When the value of the real and personal 17 property does not exceed $15,000, the fee shall be a 18 minimum of $40 and a maximum of $65. 19 (B) When (i) letters of office are issued to a 20 guardian of the person or persons, but not of the 21 estate or (ii) letters of office are issued in the 22 estate of a ward without administration of the 23 estate, including filing or joining in the filing of 24 a tax return or releasing a mortgage or consenting 25 to the marriage of the ward, the fee shall be a 26 minimum of $20 and a maximum of $40. 27 (3) In addition to the fees payable under 28 subsection (v)(1) or (v)(2) of this Section, the 29 following fees are payable: 30 (A) For each account (other than one final 31 account) filed in the estate of a decedent, or ward, 32 a minimum of $25 and a maximum of $40. 33 (B) For filing a claim in an estate when the 34 amount claimed is $150 or more but less than $500, a -35- LRB9205211BDdvam03 1 minimum of $20 and a maximum of $40; when the amount 2 claimed is $500 or more but less than $10,000, a 3 minimum of $40 and a maximum of $65; when the amount 4 claimed is $10,000 or more, a minimum of $60 and a 5 maximum of $90; provided that the court in allowing 6 a claim may add to the amount allowed the filing fee 7 paid by the claimant. 8 (C) For filing in an estate a claim, petition, 9 or supplemental proceeding based upon an action 10 seeking equitable relief including the construction 11 or contest of a will, enforcement of a contract to 12 make a will, and proceedings involving testamentary 13 trusts or the appointment of testamentary trustees, 14 a minimum of $60 and a maximum of $90. 15 (D) For filing in an estate (i) the appearance 16 of any person for the purpose of consent or (ii) the 17 appearance of an executor, administrator, 18 administrator to collect, guardian, guardian ad 19 litem, or special administrator, no fee. 20 (E) Except as provided in subsection 21 (v)(3)(D), for filing the appearance of any person 22 or persons, a minimum of $30 and a maximum of $90. 23 (F) For each jury demand, a minimum of $137.50 24 and a maximum of $180. 25 (G) For disposition of the collection of a 26 judgment or settlement of an action or claim for 27 wrongful death of a decedent or of any cause of 28 action of a ward, when there is no other 29 administration of the estate, a minimum of $50 and a 30 maximum of $80, less any amount paid under 31 subsection (v)(1)(B) or (v)(2)(B) except that if the 32 amount involved does not exceed $5,000, the fee, 33 including any amount paid under subsection (v)(1)(B) 34 or (v)(2)(B), shall be a minimum of $20 and a -36- LRB9205211BDdvam03 1 maximum of $40. 2 (H) For each certified copy of letters of 3 office, of court order or other certification, a 4 minimum of $2 and a maximum of $4, plus $1 per page 5 in excess of 3 pages for the document certified. 6 (I) For each exemplification, $2, plus the fee 7 for certification. 8 (4) The executor, administrator, guardian, 9 petitioner, or other interested person or his or her 10 attorney shall pay the cost of publication by the clerk 11 directly to the newspaper. 12 (5) The person on whose behalf a charge is incurred 13 for witness, court reporter, appraiser, or other 14 miscellaneous fee shall pay the same directly to the 15 person entitled thereto. 16 (6) The executor, administrator, guardian, 17 petitioner, or other interested person or his or her 18 attorney shall pay to the clerk all postage charges 19 incurred by the clerk in mailing petitions, orders, 20 notices, or other documents pursuant to the provisions of 21 the Probate Act of 1975. 22 (w) Criminal and Quasi-Criminal Costs and Fees. 23 (1) The clerk shall be entitled to costs in all 24 criminal and quasi-criminal cases from each person 25 convicted or sentenced to supervision therein as follows: 26 (A) Felony complaints, a minimum of $125 and a 27 maximum of $190. 28 (B) Misdemeanor complaints, a minimum of $75 29 and a maximum of $110. 30 (C) Business offense complaints, a minimum of 31 $75 and a maximum of $110. 32 (D) Petty offense complaints, a minimum of $75 33 and a maximum of $110. 34 (E) Minor traffic or ordinance violations, -37- LRB9205211BDdvam03 1 $30. 2 (F) When court appearance required, $50. 3 (G) Motions to vacate or amend final orders, a 4 minimum of $40 and a maximum of $80. 5 (H) Motions to vacate bond forfeiture orders, 6 a minimum of $30 and a maximum of $45. 7 (I) Motions to vacate ex parte judgments, 8 whenever filed, a minimum of $30 and a maximum of 9 $45. 10 (J) Motions to vacate judgment on forfeitures, 11 whenever filed, a minimum of $25 and a maximum of 12 $30. 13 (K) Motions to vacate "failure to appear" or 14 "failure to comply" notices sent to the Secretary of 15 State, a minimum of $40 and a maximum of $50. 16 (2) In counties having a population of 3,000,000 or 17 more, when the violation complaint is issued by a 18 municipal police department, the clerk shall be entitled 19 to costs from each person convicted therein as follows: 20 (A) Minor traffic or ordinance violations, 21 $30. 22 (B) When court appearance required, $50. 23 (3) In ordinance violation cases punishable by fine 24 only, the clerk of the circuit court shall be entitled to 25 receive, unless the fee is excused upon a finding by the 26 court that the defendant is indigent, in addition to 27 other fees or costs allowed or imposed by law, the sum of 28 a minimum of $112.50 and a maximum of $250 as a fee for 29 the services of a jury. The jury fee shall be paid by 30 the defendant at the time of filing his or her jury 31 demand. If the fee is not so paid by the defendant, no 32 jury shall be called, and the case shall be tried by the 33 court without a jury. 34 (x) Transcripts of Judgment. -38- LRB9205211BDdvam03 1 For the filing of a transcript of judgment, the 2 clerk shall be entitled to the same fee as if it were the 3 commencement of a new suit. 4 (y) Change of Venue. 5 (1) For the filing of a change of case on a change 6 of venue, the clerk shall be entitled to the same fee as 7 if it were the commencement of a new suit. 8 (2) The fee for the preparation and certification 9 of a record on a change of venue to another jurisdiction, 10 when original documents are forwarded, a minimum of $40 11 and a maximum of $65. 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 in the 16 complaint, a minimum of $50 and a maximum of $100. 17 (aa) Tax Deeds. 18 (1) Petition for tax deed, if only one parcel is 19 involved, a minimum of $250 and a maximum of $400. 20 (2) For each additional parcel, add a fee of a 21 minimum of $100 and a maximum of $200. 22 (bb) Collections. 23 (1) For all collections made of others, except the 24 State and county and except in maintenance or child 25 support cases, a sum equal to 3.0% of the amount 26 collected and turned over. 27 (2) Interest earned on any funds held by the clerk 28 shall be turned over to the county general fund as an 29 earning of the office. 30 (3) For any check, draft, or other bank instrument 31 returned to the clerk for non-sufficient funds, account 32 closed, or payment stopped, $25. 33 (4) In child support and maintenance cases, the 34 clerk, if authorized by an ordinance of the county board, -39- LRB9205211BDdvam03 1 may collect an annual fee of up to $36 from the person 2 making payment for maintaining child support records and 3 the processing of support orders to the State of Illinois 4 KIDS system and the recording of payments issued by the 5 State Disbursement Unit for the official record of the 6 Court. This fee shall be in addition to and separate 7 from amounts ordered to be paid as maintenance or child 8 support and shall be deposited into a Separate 9 Maintenance and Child Support Collection Fund, of which 10 the clerk shall be the custodian, ex-officio, to be used 11 by the clerk to maintain child support orders and record 12 all payments issued by the State Disbursement Unit for 13 the official record of the Court. The clerk may recover 14 from the person making the maintenance or child support 15 payment any additional cost incurred in the collection of 16 this annual 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, a minimum of $25 and a maximum of $40. 28 (dd) Exceptions. 29 (1) The fee requirements of this Section shall not 30 apply to police departments or other law enforcement 31 agencies. In this Section, "law enforcement agency" 32 means an agency of the State or a unit of local 33 government which is vested by law or ordinance with the 34 duty to maintain public order and to enforce criminal -40- LRB9205211BDdvam03 1 laws or ordinances. "Law enforcement agency" also means 2 the Attorney General or any state's attorney. 3 (2) No fee provided herein shall be charged to any 4 unit of local government or school district. The fee 5 requirements of this Section shall not apply to any 6 action instituted under subsection (b) of Section 11-31-1 7 of the Illinois Municipal Code by a private owner or 8 tenant of real property within 1200 feet of a dangerous 9 or unsafe building seeking an order compelling the owner 10 or owners of the building to take any of the actions 11 authorized under that subsection. 12 (ee) Adoption. 13 (1) For an adoption.............................$65 14 (2) Upon good cause shown, the court may waive the 15 adoption filing fee in a special needs adoption. The 16 term "special needs adoption" shall have the meaning 17 ascribed to it by the Illinois Department of Children and 18 Family Services. 19 (ff) Adoption exemptions. 20 No fee other than that set forth in subsection (ee) 21 shall be charged to any person in connection with an 22 adoption proceeding. 23 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 24 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 25 6-13-00.)".