State of Illinois
92nd General Assembly
Legislation

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92_SB0357

 
                                               LRB9207504MWmb

 1        AN ACT concerning court filing fees.

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

 4        Section  5.   The  Clerks  of  Courts  Act  is amended by
 5    changing Sections 27.1,  27.1a,  27.2,  27.2a,  and  27.5  as
 6    follows:

 7        (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
 8        Sec. 27.1.  The fees of the Clerk of the Circuit Court in
 9    all  counties  having  a population of 180,000 inhabitants or
10    less shall be paid in advance, except as otherwise  provided,
11    and shall be as follows:
12    (a)  Civil Cases.
13             (1)  All   civil  cases  except  as  otherwise
14        provided...........................................   $40
15             (2)  Judicial Sales (except Probate)..........   $40
16    (b)  Family.
17             (1)  Commitment  petitions  under  the  Mental
18        Health and Developmental Disabilities Code,  filing
19        transcript   of   commitment  proceedings  held  in
20        another county, and cases under the Juvenile  Court
21        Act of 1987........................................   $25
22             (2)  Petition for Marriage Licenses...........   $10
23             (3)  Marriages in Court.......................   $10
24             (4)  Paternity................................   $40
25    (c)  Criminal and Quasi-Criminal.
26             (1)  Each person convicted of a felony........   $40
27             (2)  Each  person  convicted of a misdemeanor,
28        leaving  scene  of  an  accident,   driving   while
29        intoxicated,   reckless  driving  or  drag  racing,
30        driving  when   license   revoked   or   suspended,
31        overweight,  or no interstate commerce certificate,
 
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 1        or when the disposition is court supervision.......   $25
 2             (3)  Each  person  convicted  of  a   business
 3        offense............................................   $25
 4             (4)  Each person convicted of a petty offense.   $25
 5             (5)  Minor    traffic,    conservation,     or
 6        ordinance            violation,           including
 7        without    limitation  when  the   disposition   is
 8        court  supervision:
 9                  (i)  For each offense....................   $10
10                  (ii)  For  each  notice   sent   to   the
11        defendant's   last   known   address   pursuant  to
12        subsection (c) of Section 6-306.4 of  the  Illinois
13        Vehicle Code.......................................    $2
14                  (iii)  For   each   notice  sent  to  the
15        Secretary of State pursuant to  subsection  (c)  of
16        Section 6-306.4 of the Illinois Vehicle Code.......    $2
17             (6)  When Court Appearance required...........   $15
18             (7)  Motions to vacate or amend final orders..   $10
19             (8)  In  ordinance  violation cases punishable
20        by fine only, the clerk of the circuit court  shall
21        be  entitled  to receive, unless the fee is excused
22        upon a finding by the court that the  defendant  is
23        indigent,  in  addition  to  other  fees  or  costs
24        allowed  or  imposed by law, the sum of $62.50 as a
25        fee for the services of a jury.  The jury fee shall
26        be paid by the defendant at the time of filing  his
27        or  her  jury demand.  If the fee is not so paid by
28        the defendant, no jury shall  be  called,  and  the
29        case shall be tried by the court without a jury.
30    (d)  Other Civil Cases.
31             (1)  Money  or  personal property claimed does
32        not exceed $500....................................   $10
33             (2)  Exceeds $500 but not more than $10,000...   $25
34             (3)  Exceeds $10,000, when relief in  addition
 
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 1        to  or  supplemental  to recovery of money alone is
 2        sought in an action to  recover  personal  property
 3        taxes  or  retailers occupational tax regardless of
 4        amount claimed.....................................   $45
 5             (4)  The Clerk of the Circuit Court  shall  be
 6        entitled  to  receive,  in  addition  to other fees
 7        allowed by law, the sum of $62.50, as a fee for the
 8        services of  a  jury  in  every  civil  action  not
 9        quasi-criminal  in  its nature and not a proceeding
10        for the exercise of the right  of  eminent  domain,
11        and  in every equitable action wherein the right of
12        trial by jury is or may be given by law.  The  jury
13        fee  shall be paid by the party demanding a jury at
14        the time of filing his jury demand.  If such a  fee
15        is  not  paid  by  either  party,  no jury shall be
16        called in the action, suit, or proceeding, and  the
17        same shall be tried by the court without a jury.
18    (e)  Confession of judgment and answer.
19             (1)  When the amount does not exceed $1,000...   $20
20             (2)  Exceeds $1,000...........................   $40
21    (f)  Auxiliary Proceedings.
22             Any   auxiliary  proceeding  relating  to  the
23        collection   of   a   money   judgment,   including
24        garnishment, citation, or wage deduction action....    $5
25    (g)  Forcible entry and detainer.
26             (1)  For possession  only  or  possession  and
27        rent not in excess of $10,000......................   $10
28             (2)  For  possession  and  rent  in  excess of
29        $10,000............................................   $40
30    (h)  Eminent Domain.
31             (1)  Exercise of Eminent Domain...............   $45
32             (2)  For each and every lot or tract  of  land
33        or   right   or  interest  therein  subject  to  be
34        condemned, the damages in respect  to  which  shall
 
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 1        require separate assessments by a jury.............   $45
 2    (i)  Reinstatement.
 3             Each  case including petition for modification
 4        of a judgment or order of Court if filed later than
 5        30 days after the entry of  a  judgment  or  order,
 6        except  in  forcible  entry  and detainer cases and
 7        small claims  and  except  a  petition  to  modify,
 8        terminate,  or  enforce  a  judgement  or order for
 9        child or spousal support or to modify, suspend,  or
10        terminate  an  order  for  withholding, petition to
11        vacate  judgment   of   dismissal   for   want   of
12        prosecution  whenever  filed, petition to reopen an
13        estate, or redocketing of any cause................   $20
14    (j)  Probate.
15             (1)  Administration  of  decedent's   estates,
16        whether  testate or intestate, guardianships of the
17        person or estate or both of a  person  under  legal
18        disability,  guardianships  of the person or estate
19        or both of a minor or minors, or petitions to  sell
20        real estate in the administration of any estate....   $50
21             (2)  Small estates in cases where the real and
22        personal  property  of  an  estate  does not exceed
23        $5,000.............................................   $25
24             (3)  At any time during the administration  of
25        the  estate,  however, at the request of the Clerk,
26        the Court shall examine the record  of  the  estate
27        and  the  personal  representative to determine the
28        total value of the real and  personal  property  of
29        the  estate, and if such value exceeds $5,000 shall
30        order the payment  of  an  additional  fee  in  the
31        amount of..........................................   $40
32             (4)  Inheritance tax proceedings..............   $15
33             (5)  Issuing   letters   only  for  a  certain
34        specific reason other than the administration of an
 
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 1        estate, including but not limited to the release of
 2        mortgage; the issue of letters of  guardianship  in
 3        order  that  consent  to marriage may be granted or
 4        for some other specific reason other than  for  the
 5        care  of  property  or  person;  proof  of heirship
 6        without administration; or when a  will  is  to  be
 7        admitted  to  probate,  but  the  estate  is  to be
 8        settled without administration.....................   $10
 9             (6)  When a separate complaint relating to any
10        matter other than a routine claim is  filed  in  an
11        estate,   the  required  additional  fee  shall  be
12        charged for such filing............................   $45
13    (k)  Change of Venue.
14             From a court, the charge is the same amount as
15        the original  filing  fee;  however,  the  fee  for
16        preparation  and  certification of record on change
17        of venue, when original  documents  or  copies  are
18        forwarded..........................................   $10
19    (l)  Answer, adverse pleading, or appearance.
20             In civil cases................................   $15
21             With the following exceptions:
22             (1)  When the amount does not exceed $500.....    $5
23             (2)  When amount exceeds $500 but not $10,000.   $10
24             (3)  When amount exceeds $10,000..............   $15
25             (4)  Court    appeals   when   documents   are
26        forwarded, over 200 pages, additional fee per  page
27        over 200...........................................   10¢
28    (m)  Tax objection complaints.
29             For  each  tax  objection complaint containing
30        one or  more  tax  objections,  regardless  of  the
31        number   of  parcels  involved  or  the  number  of
32        taxpayers joining the complaint....................   $10
33    (n)  Tax deed.
34             (1)  Petition for tax deed, if only one parcel
 
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 1        is involved........................................   $45
 2             (2)  For each additional parcel  involved,  an
 3        additional fee of..................................   $10
 4    (o)  Mailing Notices and Processes.
 5             (1)  All notices that the clerk is required to
 6        mail as first class mail...........................    $2
 7             (2)  For all processes or notices the Clerk is
 8        required  to  mail by certified or registered mail,
 9        the fee will be $2 plus cost of postage.
10    (p)  Certification or Authentication.
11             (1)  Each certification or authentication  for
12        taking  the  acknowledgement  of  a  deed  or other
13        instrument in writing with seal of office..........    $2
14             (2)  Court appeals when original documents are
15        forwarded, 100 pages or under, plus delivery costs.   $25
16             (3)  Court appeals when original documents are
17        forwarded, over 100 pages, plus delivery costs.....   $60
18             (4)  Court appeals when original documents are
19        forwarded, over 200 pages, additional fee per  page
20        over 200...........................................   10¢
21    (q)  Reproductions.
22             Each   record  of  proceedings  and  judgment,
23        whether  on  appeal,  change  of  venue,  certified
24        copies of  orders  and  judgments,  and  all  other
25        instruments, documents, records, or papers:
26                  (1)  First page..........................    $1
27                  (2)  Next 19 pages, per page.............   50¢
28                  (3)  All remaining pages, per page.......   25¢
29    (r)  Counterclaim.
30             When  any  defendant  files  a counterclaim as
31        part of his or her answer or otherwise,   or  joins
32        another  party as a third party defendant, or both,
33        he  or  she  shall  pay  a  fee   for   each   such
34        counterclaim  or  third  party  action in an amount
 
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 1        equal to the fee he or she would have  had  to  pay
 2        had  he  or  she  brought a separate action for the
 3        relief sought in the counterclaim  or  against  the
 4        third  party  defendant,  less  the  amount  of the
 5        appearance fee, if that has been paid.
 6    (s)  Transcript of Judgment.
 7             From  a  court,  the  same  fee  as  if   case
 8        originally filed.
 9    (t)  Publications.
10             The cost of publication shall be paid directly
11        to   the   publisher  by  the  person  seeking  the
12        publication, whether the clerk is required  by  law
13        to publish, or the parties to the action.
14    (u)  Collections.
15             (1)  For  all  collections  made  for  others,
16        except   the   State   and  County  and  except  in
17        maintenance or child support cases, a sum equal  to
18        2% of the amount collected and turned over.
19             (2)  In  any  cases  remanded  to  the Circuit
20        Court from  the  Supreme  Court  or  the  Appellate
21        Court, the Clerk shall file the remanding order and
22        reinstate  the case with either its original number
23        or a new number.  The Clerk shall  not  charge  any
24        new  or additional fee for the reinstatement.  Upon
25        reinstatement the Clerk shall advise the parties of
26        the reinstatement.  A party  shall  have  the  same
27        right  to  a jury trial on remand and reinstatement
28        as  he  or  she  had  before  the  appeal,  and  no
29        additional or new fee or charge shall be made for a
30        jury trial after remand.
31             (3)  In maintenance and child support matters,
32        the Clerk may deduct from each  payment  an  amount
33        equal  to  the  United States postage to be used in
34        mailing the maintenance or child support  check  to
 
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 1        the  recipient.  In  such  cases,  the  Clerk shall
 2        collect an annual fee of up to $36 from the  person
 3        making  such  payment for maintaining child support
 4        records and the processing of support orders to the
 5        State of Illinois KIDS system and the recording  of
 6        payments  issued by the State Disbursement Unit for
 7        the official record of the Court. Such sum shall be
 8        in addition to and separate from amounts ordered to
 9        be paid as maintenance or child support  and  shall
10        be  deposited  in  a separate Maintenance and Child
11        Support Collection Fund of which the Clerk shall be
12        the custodian, ex officio, to be used by the  Clerk
13        to  maintain  child  support  orders and record all
14        payments issued by the State Disbursement Unit  for
15        the  official  record  of the Court. Unless paid in
16        cash or pursuant to an order for  withholding,  the
17        payment   of   the  fee  shall  be  by  a  separate
18        instrument from the support payment  and  shall  be
19        made  to  the  order  of  the  Clerk. The Clerk may
20        recover from the person making the  maintenance  or
21        child  support payment any additional cost incurred
22        in the collection of this annual fee.
23             (4)  Interest earned on any funds held by  the
24        clerk  shall  be  turned over to the county general
25        fund as an earning of the office.
26             The Clerk shall also be entitled to a  fee  of
27        $5  for  certifications  made  to  the Secretary of
28        State as provided in Section 7-703  of  the  Family
29        Financial  Responsibility  Law and these fees shall
30        also be deposited into the Separate Maintenance and
31        Child Support Collection Fund.
32    (v)  Correction of Cases.
33             For correcting the case number or  case  title
34        on  any document filed in his office, to be charged
 
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 1        against the party that filed the document..........   $10
 2    (w)  Record Search.
 3             For searching a record, per year searched.....    $4
 4    (x)  Printed Output.
 5             For each page of hard copy print output,  when
 6        case records are maintained on an automated medium.    $2
 7    (y)  Alias Summons.
 8             For each alias summons issued.................    $2
 9    (z)  Expungement of Records.
10             For each expungement petition filed...........   $15
11    (aa)  Other Fees.
12             Any fees not covered by this Section shall be set by
13        rule  or  administrative order of the Circuit Court, with
14        the approval of the Supreme Court.
15    (bb)  Exemptions.
16             No fee provided for herein shall be charged  to  any
17        unit  of  State  or  local  government or school district
18        unless the Court orders another party to pay such fee  on
19        its  behalf.  The  fee requirements of this Section shall
20        not apply to police departments or other law  enforcement
21        agencies.    In  this  Section,  "law enforcement agency"
22        means  an  agency  of  the  State  or  a  unit  of  local
23        government that is vested by law or  ordinance  with  the
24        duty  to  maintain  public  order and to enforce criminal
25        laws and ordinances. The fee requirements of this Section
26        shall not apply to any action instituted under subsection
27        (b) of Section 11-31-1 of the Illinois Municipal Code  by
28        a  private  owner  or tenant of real property within 1200
29        feet of a dangerous or unsafe building seeking  an  order
30        compelling  the  owner  or owners of the building to take
31        any of the actions authorized under that subsection.
32    (cc)  Adoptions.
33             (1)  For an adoption.............................$65
34             (2)  Upon good cause shown, the court may waive  the
 
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 1        adoption  filing  fee  in  a special needs adoption.  The
 2        term "special needs  adoption"  shall  have  the  meaning
 3        ascribed to it by the Illinois Department of Children and
 4        Family Services.
 5    (dd)  Adoption exemptions.
 6             No  fee other than that set forth in subsection (cc)
 7        shall be charged to any  person  in  connection  with  an
 8        adoption proceeding.
 9    (ee)  Additional Services.
10             Beginning  July  1,  1993,  the clerk of the circuit
11        court may provide  such  additional  services  for  which
12        there  is  no fee specified by statute in connection with
13        the operation of the clerk's office as may  be  requested
14        by  the  public  and  agreed  to by the public and by the
15        clerk and approved  by the chief  judge  of  the  circuit
16        court.   Any  charges for additional services shall be as
17        agreed to between the clerk  and  the  party  making  the
18        request  and  approved  by the chief judge of the circuit
19        court.   Nothing in this subsection shall be construed to
20        require any clerk to provide any  service  not  otherwise
21        required by law.
22    (ff)  Driving while intoxicated.
23             In  addition  to  any  other fee required under this
24        Section, the clerk of the court must collect a $2 fee  in
25        connection  with  proceedings  for  violations of Section
26        11-501 of the Illinois Vehicle Code.  The fees  collected
27        under  this  subsection  must  be  remitted  to the State
28        Treasurer  for  deposit  into  the  Spinal  Cord   Injury
29        Paralysis Cure Research Trust Fund.
30    (Source:  P.A.  90-466,  eff. 8-17-97; 90-796, eff. 12-15-98;
31    91-165, eff.  7-16-99;  91-321,  eff.  1-1-00;  91-357,  eff.
32    7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)

33        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
 
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 1        Sec.  27.1a.  The fees of the clerks of the circuit court
 2    in all counties having a population in excess of 180,000  but
 3    not  more than 650,000 inhabitants in the instances described
 4    in this Section shall be as provided in  this  Section.   The
 5    fees shall be paid in advance and shall be as follows:
 6    (a)  Civil Cases.
 7             The  fee  for filing a complaint, petition, or other
 8        pleading initiating a civil action,  with  the  following
 9        exceptions, shall be $150.
10                  (A)  When the amount of money or damages or the
11             value  of  personal property claimed does not exceed
12             $250, $10.
13                  (B)  When that amount exceeds $250 but does not
14             exceed $500, $20.
15                  (C)  When that amount exceeds $500 but does not
16             exceed $2500, $30.
17                  (D)  When that amount exceeds  $2500  but  does
18             not exceed $15,000, $75.
19                  (E)  For  the exercise of eminent domain, $150.
20             For each additional lot or tract of land or right or
21             interest  therein  subject  to  be  condemned,   the
22             damages  in  respect to which shall require separate
23             assessment by a jury, $150.
24    (a-1)  Family.
25             For filing a petition under the Juvenile  Court  Act
26        of 1987, $25.
27             For filing a petition for a marriage license, $10.
28             For performing a marriage in court, $10.
29             For  filing  a petition under the Illinois Parentage
30        Act of 1984, $40.
31    (b)  Forcible Entry and Detainer.
32             In each forcible entry and detainer  case  when  the
33        plaintiff seeks possession only or unites with his or her
34        claim  for possession of the property a claim for rent or
 
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 1        damages or both in the amount of $15,000  or  less,  $40.
 2        When the plaintiff unites his or her claim for possession
 3        with  a  claim  for  rent  or  damages  or both exceeding
 4        $15,000, $150.
 5    (c)  Counterclaim or Joining Third Party Defendant.
 6             When any defendant files a counterclaim as  part  of
 7        his  or her answer or otherwise or joins another party as
 8        a third party defendant, or both, the defendant shall pay
 9        a fee for each counterclaim or third party action  in  an
10        amount  equal  to the fee he or she would have had to pay
11        had he or she brought a separate action  for  the  relief
12        sought  in  the  counterclaim  or against the third party
13        defendant, less the amount of the appearance fee, if that
14        has been paid.
15    (d)  Confession of Judgment.
16             In a confession of judgment when the amount does not
17        exceed $1500, $50. When the  amount  exceeds  $1500,  but
18        does  not  exceed  $15,000, $115. When the amount exceeds
19        $15,000, $200.
20    (e)  Appearance.
21             The fee for filing an appearance in each civil  case
22        shall be $50, except as follows:
23                  (A)  When the plaintiff in a forcible entry and
24             detainer case seeks possession only, $20.
25                  (B)  When  the  amount  in  the  case  does not
26             exceed $1500, $20.
27                  (C)  When that amount exceeds  $1500  but  does
28             not exceed $15,000, $40.
29    (f)  Garnishment, Wage Deduction, and Citation.
30             In  garnishment affidavit, wage deduction affidavit,
31        and citation petition when the  amount  does  not  exceed
32        $1,000,  $10; when the amount exceeds $1,000 but does not
33        exceed $5,000, $20; and when the amount  exceeds  $5,000,
34        $30.
 
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 1    (g)  Petition to Vacate or Modify.
 2             (1)  Petition to vacate or modify any final judgment
 3        or  order of court, except in forcible entry and detainer
 4        cases and small claims cases or a petition to  reopen  an
 5        estate,  to  modify,  terminate, or enforce a judgment or
 6        order  for  child  or  spousal  support,  or  to  modify,
 7        suspend, or terminate an order for withholding, if  filed
 8        before  30 days after the entry of the judgment or order,
 9        $40.
10             (2)  Petition to vacate or modify any final judgment
11        or  order  of  court,  except  a  petition   to   modify,
12        terminate,  or  enforce  a judgment or order for child or
13        spousal support or to modify, suspend,  or  terminate  an
14        order  for withholding, if filed later than 30 days after
15        the entry of the judgment or order, $60.
16             (3)  Petition to vacate order  of  bond  forfeiture,
17        $20.
18    (h)  Mailing.
19             When  the clerk is required to mail, the fee will be
20        $6, plus the cost of postage.
21    (i)  Certified Copies.
22             Each certified copy of a judgment after  the  first,
23        except  in  small  claims and forcible entry and detainer
24        cases, $10.
25    (j)  Habeas Corpus.
26             For filing a petition for relief by  habeas  corpus,
27        $80.
28    (k)  Certification, Authentication, and Reproduction.
29             (1)  Each certification or authentication for taking
30        the  acknowledgment  of  a  deed  or  other instrument in
31        writing with the seal of office, $4.
32             (2)  Court  appeals  when  original  documents   are
33        forwarded, under 100 pages, plus delivery and costs, $50.
34             (3)  Court   appeals  when  original  documents  are
 
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 1        forwarded, over 100 pages, plus delivery and costs, $120.
 2             (4)  Court  appeals  when  original  documents   are
 3        forwarded,  over 200 pages, an additional fee of 20 cents
 4        per page.
 5             (5)  For reproduction of any document  contained  in
 6        the clerk's files:
 7                  (A)  First page, $2.
 8                  (B)  Next 19 pages, 50 cents per page.
 9                  (C)  All remaining pages, 25 cents per page.
10    (l)  Remands.
11             In any cases remanded to the Circuit Court  from the
12        Supreme Court or the Appellate Court for a new trial, the
13        clerk  shall  file  the remanding order and reinstate the
14        case with either its original number or a new number. The
15        Clerk shall not charge any new or additional fee for  the
16        reinstatement.  Upon reinstatement the Clerk shall advise
17        the parties of the reinstatement.  A party shall have the
18        same right to a jury trial on remand and reinstatement as
19        he or she had before the appeal, and no additional or new
20        fee  or  charge  shall  be  made  for  a jury trial after
21        remand.
22    (m)  Record Search.
23             For  each  record  search,  within  a  division   or
24        municipal  district,  the  clerk  shall  be entitled to a
25        search fee of $4 for each year searched.
26    (n)  Hard Copy.
27             For each page of hard copy print output,  when  case
28        records  are maintained on an automated medium, the clerk
29        shall be entitled to a fee of $4.
30    (o)  Index Inquiry and Other Records.
31             No   fee   shall   be   charged   for    a    single
32        plaintiff/defendant  index  inquiry or single case record
33        inquiry when this request  is  made  in  person  and  the
34        records are maintained in a current automated medium, and
 
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 1        when no hard copy print output is requested.  The fees to
 2        be charged for management records, multiple case records,
 3        and  multiple  journal  records  may  be specified by the
 4        Chief Judge pursuant to the  guidelines  for  access  and
 5        dissemination  of  information  approved  by  the Supreme
 6        Court.
 7    (p)  Commitment Petitions.
 8             For filing commitment  petitions  under  the  Mental
 9        Health and Developmental Disabilities Code and for filing
10        a  transcript  of  commitment proceedings held in another
11        county, $25.
12    (q)  Alias Summons.
13             For each alias summons or  citation  issued  by  the
14        clerk, $4.
15    (r)  Other Fees.
16             Any fees not covered in this Section shall be set by
17        rule  or  administrative  order of the Circuit Court with
18        the approval of the Administrative Office of the Illinois
19        Courts.
20             The  clerk  of  the  circuit   court   may   provide
21        additional  services  for which there is no fee specified
22        by statute  in  connection  with  the  operation  of  the
23        clerk's  office  as  may  be  requested by the public and
24        agreed to by the clerk and approved by the chief judge of
25        the circuit court.  Any charges for  additional  services
26        shall  be  as  agreed  to between the clerk and the party
27        making the request and approved by the chief judge of the
28        circuit court.   Nothing  in  this  subsection  shall  be
29        construed to require any clerk to provide any service not
30        otherwise required by law.
31    (s)  Jury Services.
32             The  clerk shall be entitled to receive, in addition
33        to other fees allowed by law, the sum of  $192.50,  as  a
34        fee  for the services of a jury in every civil action not
 
                            -16-               LRB9207504MWmb
 1        quasi-criminal in its nature and not a proceeding for the
 2        exercise of the right of  eminent  domain  and  in  every
 3        other action wherein the right of trial by jury is or may
 4        be given by law.  The jury fee shall be paid by the party
 5        demanding  a  jury at the time of filing the jury demand.
 6        If the fee is not paid by either party, no jury shall  be
 7        called in the action or proceeding, and the same shall be
 8        tried by the court without a jury.
 9    (t)  Voluntary Assignment.
10             For  filing  each deed of voluntary assignment, $10;
11        for  recording  the  same,  25¢  for  each   100   words.
12        Exceptions  filed to claims presented to an assignee of a
13        debtor who  has  made  a  voluntary  assignment  for  the
14        benefit of creditors shall be considered and treated, for
15        the  purpose of taxing costs therein, as actions in which
16        the party or  parties  filing  the  exceptions  shall  be
17        considered   as  party  or  parties  plaintiff,  and  the
18        claimant or claimants as party or parties defendant,  and
19        those  parties  respectively  shall  pay to the clerk the
20        same fees as provided by this Section to be paid in other
21        actions.
22    (u)  Expungement Petition.
23             The clerk shall be entitled to receive a fee of  $30
24        for each expungement petition filed and an additional fee
25        of  $2  for   each  certified copy of an order to expunge
26        arrest records.
27    (v)  Probate.
28        The clerk is entitled to receive the  fees  specified  in
29    this  subsection  (v), which shall be paid in advance, except
30    that, for good cause shown, the court may suspend, reduce, or
31    release the costs payable under this subsection:
32             (1)  For administration of the estate of a  decedent
33        (whether  testate  or  intestate) or of a missing person,
34        $100, plus  the  fees  specified  in  subsection  (v)(3),
 
                            -17-               LRB9207504MWmb
 1        except:
 2                  (A)  When  the  value  of the real and personal
 3             property does not exceed $15,000, the fee  shall  be
 4             $25.
 5                  (B)  When  (i) proof of heirship alone is made,
 6             (ii) a domestic  or  foreign  will  is  admitted  to
 7             probate  without  administration (including proof of
 8             heirship), or (iii) letters of office are issued for
 9             a particular purpose without administration  of  the
10             estate, the fee shall be $25.
11             (2)  For  administration  of  the  estate of a ward,
12        $50,  plus  the  fees  specified  in  subsection  (v)(3),
13        except:
14                  (A)  When the value of the  real  and  personal
15             property  does  not exceed $15,000, the fee shall be
16             $25.
17                  (B)  When (i) letters of office are issued to a
18             guardian of the person or persons, but  not  of  the
19             estate  or  (ii) letters of office are issued in the
20             estate of  a  ward  without  administration  of  the
21             estate, including filing or joining in the filing of
22             a  tax  return or releasing a mortgage or consenting
23             to the marriage of the ward, the fee shall be $10.
24             (3)  In  addition  to   the   fees   payable   under
25        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
26        following fees are payable:
27                  (A)  For each account  (other  than  one  final
28             account) filed in the estate of a decedent, or ward,
29             $15.
30                  (B)  For  filing  a claim in an estate when the
31             amount claimed is $150 or more but less  than  $500,
32             $10;  when  the  amount  claimed is $500 or more but
33             less than $10,000, $25; when the amount  claimed  is
34             $10,000  or  more,  $40;  provided that the court in
 
                            -18-               LRB9207504MWmb
 1             allowing a claim may add to the amount  allowed  the
 2             filing fee paid by the claimant.
 3                  (C)  For filing in an estate a claim, petition,
 4             or  supplemental  proceeding  based  upon  an action
 5             seeking equitable relief including the  construction
 6             or  contest  of a will, enforcement of a contract to
 7             make a will, and proceedings involving  testamentary
 8             trusts  or the appointment of testamentary trustees,
 9             $40.
10                  (D)  For filing in an estate (i) the appearance
11             of any person for the purpose of consent or (ii) the
12             appearance   of    an    executor,    administrator,
13             administrator  to  collect,  guardian,  guardian  ad
14             litem, or special administrator, no fee.
15                  (E)  Except    as    provided   in   subsection
16             (v)(3)(D), for filing the appearance of  any  person
17             or persons, $10.
18                  (F)  For each jury demand, $102.50.
19                  (G)  For  disposition  of  the  collection of a
20             judgment or settlement of an  action  or  claim  for
21             wrongful  death  of  a  decedent  or of any cause of
22             action  of  a  ward,  when   there   is   no   other
23             administration  of  the estate, $30, less any amount
24             paid under subsection (v)(1)(B) or (v)(2)(B)  except
25             that  if the amount involved does not exceed $5,000,
26             the fee, including any amount paid under  subsection
27             (v)(1)(B) or (v)(2)(B), shall be $10.
28                  (H)  For  each  certified  copy  of  letters of
29             office, of court order or other  certification,  $1,
30             plus  50¢  per  page  in  excess  of 3 pages for the
31             document certified.
32                  (I)  For each exemplification, $1, plus the fee
33             for certification.
34             (4)  The    executor,    administrator,    guardian,
 
                            -19-               LRB9207504MWmb
 1        petitioner, or other interested  person  or  his  or  her
 2        attorney  shall  pay the cost of publication by the clerk
 3        directly to the newspaper.
 4             (5)  The person on whose behalf a charge is incurred
 5        for  witness,  court  reporter,   appraiser,   or   other
 6        miscellaneous  fee  shall  pay  the  same directly to the
 7        person entitled thereto.
 8             (6)  The    executor,    administrator,    guardian,
 9        petitioner, or other interested  person  or  his  or  her
10        attorney  shall  pay  to  the  clerk  all postage charges
11        incurred by  the  clerk  in  mailing  petitions,  orders,
12        notices, or other documents pursuant to the provisions of
13        the Probate Act of 1975.
14    (w)  Criminal and Quasi-Criminal Costs and Fees.
15             (1)  The  clerk  shall  be  entitled to costs in all
16        criminal  and  quasi-criminal  cases  from  each   person
17        convicted or sentenced to supervision therein as follows:
18                  (A)  Felony complaints, $80.
19                  (B)  Misdemeanor complaints, $50.
20                  (C)  Business offense complaints, $50.
21                  (D)  Petty offense complaints, $50.
22                  (E)  Minor  traffic  or  ordinance  violations,
23             $20.
24                  (F)  When court appearance required, $30.
25                  (G)  Motions  to  vacate or amend final orders,
26             $20.
27                  (H)  Motions to vacate bond forfeiture  orders,
28             $20.
29                  (I)  Motions  to  vacate  ex  parte  judgments,
30             whenever filed, $20.
31                  (J)  Motions to vacate judgment on forfeitures,
32             whenever filed, $20.
33                  (K)  Motions  to  vacate "failure to appear" or
34             "failure to comply" notices sent to the Secretary of
 
                            -20-               LRB9207504MWmb
 1             State, $20.
 2             (2)  In counties having a population  in  excess  of
 3        180,000  but  not more than 650,000 inhabitants, when the
 4        violation complaint  is  issued  by  a  municipal  police
 5        department,  the  clerk  shall  be entitled to costs from
 6        each person convicted therein as follows:
 7                  (A)  Minor  traffic  or  ordinance  violations,
 8             $10.
 9                  (B)  When court appearance required, $15.
10             (3)  In ordinance violation cases punishable by fine
11        only, the clerk of the circuit court shall be entitled to
12        receive, unless the fee is excused upon a finding by  the
13        court  that  the  defendant  is  indigent, in addition to
14        other fees or costs allowed or imposed by law, the sum of
15        $62.50 as a fee for the services of a jury.  The jury fee
16        shall be paid by the defendant at the time of filing  his
17        or  her  jury  demand.   If the fee is not so paid by the
18        defendant, no jury shall be called, and the case shall be
19        tried by the 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 a 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, $25.
31    (z)  Tax objection complaints.
32             For each tax objection complaint containing  one  or
33        more  tax objections, regardless of the number of parcels
34        involved or  the  number  of  taxpayers  joining  on  the
 
                            -21-               LRB9207504MWmb
 1        complaint, $25.
 2    (aa)  Tax Deeds.
 3             (1)  Petition  for  tax  deed, if only one parcel is
 4        involved, $150.
 5             (2)  For each additional parcel, add a fee of $50.
 6    (bb)  Collections.
 7             (1)  For all collections made of others, except  the
 8        State  and  county  and  except  in  maintenance or child
 9        support  cases,  a  sum  equal  to  2.5%  of  the  amount
10        collected and turned over.
11             (2)  Interest earned on any funds held by the  clerk
12        shall  be  turned  over  to the county general fund as an
13        earning of the office.
14             (3)  For any check, draft, or other bank  instrument
15        returned  to  the clerk for non-sufficient funds, account
16        closed, or payment stopped, $25.
17             (4)  In child support  and  maintenance  cases,  the
18        clerk, if authorized by an ordinance of the county board,
19        may  collect  an  annual fee of up to $36 from the person
20        making payment for maintaining child support records  and
21        the processing of support orders to the State of Illinois
22        KIDS  system  and the recording of payments issued by the
23        State Disbursement Unit for the official  record  of  the
24        Court.   This  fee  shall  be in addition to and separate
25        from amounts ordered to be paid as maintenance  or  child
26        support   and   shall   be   deposited  into  a  Separate
27        Maintenance and Child Support Collection Fund,  of  which
28        the  clerk shall be the custodian, ex-officio, to be used
29        by the clerk to maintain child support orders and  record
30        all  payments  issued  by the State Disbursement Unit for
31        the official record of the Court. The clerk  may  recover
32        from  the  person making the maintenance or child support
33        payment  any additional cost incurred in  the  collection
34        of this annual fee.
 
                            -22-               LRB9207504MWmb
 1             The  clerk shall also be entitled to a fee of $5 for
 2        certifications made to the Secretary of State as provided
 3        in Section 7-703 of the Family  Financial  Responsibility
 4        Law  and  these  fees  shall  also  be deposited into the
 5        Separate Maintenance and Child Support Collection Fund.
 6    (cc)  Corrections of Numbers.
 7             For correction of the case number,  case  title,  or
 8        attorney  computer  identification number, if required by
 9        rule of court, on  any  document  filed  in  the  clerk's
10        office,  to  be  charged against the party that filed the
11        document, $15.
12    (dd)  Exceptions.
13             (1)  The fee requirements of this Section shall  not
14        apply  to  police  departments  or  other law enforcement
15        agencies.  In  this  Section,  "law  enforcement  agency"
16        means  an  agency  of  the  State  or  a  unit  of  local
17        government  which  is vested by law or ordinance with the
18        duty to maintain public order  and  to  enforce  criminal
19        laws  or ordinances.  "Law enforcement agency" also means
20        the Attorney General or any state's attorney.
21             (2)  No fee provided herein shall be charged to  any
22        unit of local government or school district.
23             (3)  The  fee requirements of this Section shall not
24        apply to any action instituted under  subsection  (b)  of
25        Section  11-31-1  of  the  Illinois  Municipal  Code by a
26        private owner or tenant of real property within 1200 feet
27        of a  dangerous  or  unsafe  building  seeking  an  order
28        compelling  the  owner  or owners of the building to take
29        any of the actions authorized 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
 
                            -23-               LRB9207504MWmb
 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    (gg)  Driving while intoxicated.
 8             In  addition  to  any  other fee required under this
 9        Section, the clerk of the court must collect a $2 fee  in
10        connection  with  proceedings  for  violations of Section
11        11-501 of the Illinois Vehicle Code.  The fees  collected
12        under  this  subsection  must  be  remitted  to the State
13        Treasurer  for  deposit  into  the  Spinal  Cord   Injury
14        Paralysis Cure Research Trust Fund.
15    (Source: P.A.  90-466,  eff.  8-17-97; 90-796, eff. 12-15-98;
16    91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)

17        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
18        Sec. 27.2.  The fees of the clerks of the  circuit  court
19    in  all  counties  having  a  population in excess of 650,000
20    inhabitants  but  less  than  3,000,000  inhabitants  in  the
21    instances described in this Section shall be as  provided  in
22    this Section.  In addition, the fees provided in this Section
23    shall  apply  to  all  units  of  local government and school
24    districts in counties with more than  3,000,000  inhabitants.
25    The fees shall be paid in advance and shall be as follows:
26    (a)  Civil Cases.
27             The  fee  for filing a complaint, petition, or other
28        pleading initiating a civil action,  with  the  following
29        exceptions, shall be $150.
30                  (A)  When the amount of money or damages or the
31             value  of  personal property claimed does not exceed
32             $250, $10.
33                  (B)  When that amount exceeds $250 but does not
 
                            -24-               LRB9207504MWmb
 1             exceed $500, $20.
 2                  (C)  When that amount exceeds $500 but does not
 3             exceed $2500, $30.
 4                  (D)  When that amount exceeds  $2500  but  does
 5             not exceed $15,000, $75.
 6                  (E)  For  the exercise of eminent domain, $150.
 7             For each additional lot or tract of land or right or
 8             interest  therein  subject  to  be  condemned,   the
 9             damages  in  respect to which shall require separate
10             assessment by a jury, $150.
11    (b)  Forcible Entry and Detainer.
12             In each forcible entry and detainer  case  when  the
13        plaintiff seeks possession only or unites with his or her
14        claim  for possession of the property a claim for rent or
15        damages or both in the amount of $15,000  or  less,  $40.
16        When the plaintiff unites his or her claim for possession
17        with  a  claim  for  rent  or  damages  or both exceeding
18        $15,000, $150.
19    (c)  Counterclaim or Joining Third Party Defendant.
20             When any defendant files a counterclaim as  part  of
21        his  or her answer or otherwise or joins another party as
22        a third party defendant, or both, the defendant shall pay
23        a fee for each counterclaim or third party action  in  an
24        amount  equal  to the fee he or she would have had to pay
25        had he or she brought a separate action  for  the  relief
26        sought  in  the  counterclaim  or against the third party
27        defendant, less the amount of the appearance fee, if that
28        has been paid.
29    (d)  Confession of Judgment.
30             In a confession of judgment when the amount does not
31        exceed $1500, $50. When the  amount  exceeds  $1500,  but
32        does  not  exceed  $15,000, $115. When the amount exceeds
33        $15,000, $200.
34    (e)  Appearance.
 
                            -25-               LRB9207504MWmb
 1             The fee for filing an appearance in each civil  case
 2        shall be $50, except as follows:
 3                  (A)  When the plaintiff in a forcible entry and
 4             detainer case seeks possession only; $20.
 5                  (B)  When  the  amount  in  the  case  does not
 6             exceed $1500, $20.
 7                  (C)  When that amount exceeds  $1500  but  does
 8             not exceed $15,000, $40.
 9    (f)  Garnishment, Wage Deduction, and Citation.
10             In  garnishment affidavit, wage deduction affidavit,
11        and citation petition when the  amount  does  not  exceed
12        $1,000,  $10; when the amount exceeds $1,000 but does not
13        exceed $5,000, $20; and when the amount  exceeds  $5,000,
14        $30.
15    (g)  Petition to Vacate or Modify.
16             (1)  Petition to vacate or modify any final judgment
17        or  order of court, except in forcible entry and detainer
18        cases and small claims cases or a petition to  reopen  an
19        estate,  to  modify,  terminate, or enforce a judgment or
20        order  for  child  or  spousal  support,  or  to  modify,
21        suspend, or terminate an order for withholding, if  filed
22        before  30 days after the entry of the judgment or order,
23        $40.
24             (2)  Petition to vacate or modify any final judgment
25        or  order  of  court,  except  a  petition   to   modify,
26        terminate,  or  enforce  a judgment or order for child or
27        spousal support or to modify, suspend,  or  terminate  an
28        order  for withholding, if filed later than 30 days after
29        the entry of the judgment or order, $60.
30             (3)  Petition to vacate order  of  bond  forfeiture,
31        $20.
32    (h)  Mailing.
33             When  the clerk is required to mail, the fee will be
34        $6, plus the cost of postage.
 
                            -26-               LRB9207504MWmb
 1    (i)  Certified Copies.
 2             Each certified copy of a judgment after  the  first,
 3        except  in  small  claims and forcible entry and detainer
 4        cases, $10.
 5    (j)  Habeas Corpus.
 6             For filing a petition for relief by  habeas  corpus,
 7        $80.
 8    (k)  Certification, Authentication, and Reproduction.
 9             (1)  Each certification or authentication for taking
10        the  acknowledgment  of  a  deed  or  other instrument in
11        writing with the seal of office, $4.
12             (2)  Court  appeals  when  original  documents   are
13        forwarded, under 100 pages, plus delivery and costs, $50.
14             (3)  Court   appeals  when  original  documents  are
15        forwarded, over 100 pages, plus delivery and costs, $120.
16             (4)  Court  appeals  when  original  documents   are
17        forwarded,  over 200 pages, an additional fee of 20 cents
18        per page.
19             (5)  For reproduction of any document  contained  in
20        the clerk's files:
21                  (A)  First page, $2.
22                  (B)  Next 19 pages, 50 cents per page.
23                  (C)  All remaining pages, 25 cents per page.
24    (l)  Remands.
25             In any cases remanded to the Circuit Court  from the
26        Supreme Court or the Appellate Court for a new trial, the
27        clerk  shall  file  the remanding order and reinstate the
28        case with either its original number  or  a  new  number.
29        The  Clerk shall not charge any new or additional fee for
30        the reinstatement. Upon  reinstatement  the  Clerk  shall
31        advise  the  parties of the reinstatement.  A party shall
32        have the same  right  to  a  jury  trial  on  remand  and
33        reinstatement  as he or she had before the appeal, and no
34        additional or new fee or charge shall be made for a  jury
 
                            -27-               LRB9207504MWmb
 1        trial after remand.
 2    (m)  Record Search.
 3             For   each  record  search,  within  a  division  or
 4        municipal district, the clerk  shall  be  entitled  to  a
 5        search fee of $4 for each year searched.
 6    (n)  Hard Copy.
 7             For  each  page of hard copy print output, when case
 8        records are maintained on an automated medium, the  clerk
 9        shall be entitled to a fee of $4.
10    (o)  Index Inquiry and Other Records.
11             No    fee    shall   be   charged   for   a   single
12        plaintiff/defendant index inquiry or single  case  record
13        inquiry  when  this  request  is  made  in person and the
14        records are maintained in a current automated medium, and
15        when no hard copy print output is requested.  The fees to
16        be charged for management records, multiple case records,
17        and multiple journal records  may  be  specified  by  the
18        Chief  Judge  pursuant  to  the guidelines for access and
19        dissemination of  information  approved  by  the  Supreme
20        Court.
21    (p)  Commitment Petitions.
22             For  filing  commitment  petitions  under the Mental
23        Health and Developmental Disabilities Code, $25.
24    (q)  Alias Summons.
25             For each alias summons or  citation  issued  by  the
26        clerk, $4.
27    (r)  Other Fees.
28             Any fees not covered in this Section shall be set by
29        rule  or  administrative  order of the Circuit Court with
30        the approval of the Administrative Office of the Illinois
31        Courts.
32             The  clerk  of  the  circuit   court   may   provide
33        additional  services  for which there is no fee specified
34        by statute  in  connection  with  the  operation  of  the
 
                            -28-               LRB9207504MWmb
 1        clerk's  office  as  may  be  requested by the public and
 2        agreed to by the clerk and approved by the chief judge of
 3        the circuit court.  Any charges for  additional  services
 4        shall  be  as  agreed  to between the clerk and the party
 5        making the request and approved by the chief judge of the
 6        circuit court.   Nothing  in  this  subsection  shall  be
 7        construed to require any clerk to provide any service not
 8        otherwise required by law.
 9    (s)  Jury Services.
10             The  clerk shall be entitled to receive, in addition
11        to other fees allowed by law, the sum of  $192.50,  as  a
12        fee  for the services of a jury in every civil action not
13        quasi-criminal in its nature and not a proceeding for the
14        exercise of the right of  eminent  domain  and  in  every
15        other action wherein the right of trial by jury is or may
16        be given by law.  The jury fee shall be paid by the party
17        demanding  a  jury at the time of filing the jury demand.
18        If the fee is not paid by either party, no jury shall  be
19        called in the action or proceeding, and the same shall be
20        tried by the court without a jury.
21    (t)  Voluntary Assignment.
22             For  filing  each deed of voluntary assignment, $10;
23        for  recording  the  same,  25¢  for  each   100   words.
24        Exceptions  filed to claims presented to an assignee of a
25        debtor who  has  made  a  voluntary  assignment  for  the
26        benefit of creditors shall be considered and treated, for
27        the  purpose of taxing costs therein, as actions in which
28        the party or  parties  filing  the  exceptions  shall  be
29        considered   as  party  or  parties  plaintiff,  and  the
30        claimant or claimants as party or parties defendant,  and
31        those  parties  respectively  shall  pay to the clerk the
32        same fees as provided by this Section to be paid in other
33        actions.
34    (u)  Expungement Petition.
 
                            -29-               LRB9207504MWmb
 1             The clerk shall be entitled to receive a fee of  $30
 2        for each expungement petition filed and an additional fee
 3        of  $2  for   each  certified copy of an order to expunge
 4        arrest records.
 5    (v)  Probate.
 6        The clerk is entitled to receive the  fees  specified  in
 7    this  subsection  (v), which shall be paid in advance, except
 8    that, for good cause shown, the court may suspend, reduce, or
 9    release the costs payable under this subsection:
10             (1)  For administration of the estate of a  decedent
11        (whether  testate  or  intestate) or of a missing person,
12        $100, plus  the  fees  specified  in  subsection  (v)(3),
13        except:
14                  (A)  When  the  value  of the real and personal
15             property does not exceed $15,000, the fee  shall  be
16             $25.
17                  (B)  When  (i) proof of heirship alone is made,
18             (ii) a domestic  or  foreign  will  is  admitted  to
19             probate  without  administration (including proof of
20             heirship), or (iii) letters of office are issued for
21             a particular purpose without administration  of  the
22             estate, the fee shall be $25.
23             (2)  For  administration  of  the  estate of a ward,
24        $50,  plus  the  fees  specified  in  subsection  (v)(3),
25        except:
26                  (A)  When the value of the  real  and  personal
27             property  does  not exceed $15,000, the fee shall be
28             $25.
29                  (B)  When (i) letters of office are issued to a
30             guardian of the person or persons, but  not  of  the
31             estate  or  (ii) letters of office are issued in the
32             estate of  a  ward  without  administration  of  the
33             estate, including filing or joining in the filing of
34             a  tax  return or releasing a mortgage or consenting
 
                            -30-               LRB9207504MWmb
 1             to the marriage of the ward, the fee shall be $10.
 2             (3)  In  addition  to   the   fees   payable   under
 3        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
 4        following fees are payable:
 5                  (A)  For each account  (other  than  one  final
 6             account) filed in the estate of a decedent, or ward,
 7             $15.
 8                  (B)  For  filing  a claim in an estate when the
 9             amount claimed is $150 or more but less  than  $500,
10             $10;  when  the  amount  claimed is $500 or more but
11             less than $10,000, $25; when the amount  claimed  is
12             $10,000  or  more,  $40;  provided that the court in
13             allowing a claim may add to the amount  allowed  the
14             filing fee paid by the claimant.
15                  (C)  For filing in an estate a claim, petition,
16             or  supplemental  proceeding   based  upon an action
17             seeking equitable relief including the  construction
18             or  contest  of a will, enforcement of a contract to
19             make a will, and proceedings involving  testamentary
20             trusts  or the appointment of testamentary trustees,
21             $40.
22                  (D)  For filing in an estate (i) the appearance
23             of any person for the purpose of consent or (ii) the
24             appearance   of    an    executor,    administrator,
25             administrator  to  collect,  guardian,  guardian  ad
26             litem, or special administrator, no fee.
27                  (E)  Except    as    provided   in   subsection
28             (v)(3)(D), for filing the appearance of  any  person
29             or persons, $10.
30                  (F)  For each jury demand, $102.50.
31                  (G)  For  disposition  of  the  collection of a
32             judgment or settlement of an  action  or  claim  for
33             wrongful  death  of  a  decedent  or of any cause of
34             action  of  a  ward,  when   there   is   no   other
 
                            -31-               LRB9207504MWmb
 1             administration  of  the estate, $30, less any amount
 2             paid under subsection (v)(1)(B) or (v)(2)(B)  except
 3             that  if the amount involved does not exceed $5,000,
 4             the fee, including any amount paid under  subsection
 5             (v)(1)(B) or (v)(2)(B), shall be $10.
 6                  (H)  For  each  certified  copy  of  letters of
 7             office, of court order or other  certification,  $1,
 8             plus  50¢  per  page  in  excess  of 3 pages for the
 9             document certified.
10                  (I)  For each exemplification, $1, plus the fee
11             for certification.
12             (4)  The    executor,    administrator,    guardian,
13        petitioner, or other interested  person  or  his  or  her
14        attorney  shall  pay the cost of publication by the clerk
15        directly to the newspaper.
16             (5)  The person on whose behalf a charge is incurred
17        for  witness,  court  reporter,   appraiser,   or   other
18        miscellaneous  fee  shall  pay  the  same directly to the
19        person entitled thereto.
20             (6)  The    executor,    administrator,    guardian,
21        petitioner, or other interested person  or  his  attorney
22        shall  pay  to  the clerk all postage charges incurred by
23        the clerk in mailing petitions, orders, notices, or other
24        documents pursuant to the provisions of the  Probate  Act
25        of 1975.
26    (w)  Criminal and Quasi-Criminal Costs and Fees.
27             (1)  The  clerk  shall  be  entitled to costs in all
28        criminal  and  quasi-criminal  cases  from  each   person
29        convicted or sentenced to supervision therein as follows:
30                  (A)  Felony complaints, $80.
31                  (B)  Misdemeanor complaints, $50.
32                  (C)  Business offense complaints, $50.
33                  (D)  Petty offense complaints, $50.
34                  (E)  Minor  traffic  or  ordinance  violations,
 
                            -32-               LRB9207504MWmb
 1             $20.
 2                  (F)  When court appearance required, $30.
 3                  (G)  Motions  to  vacate or amend final orders,
 4             $20.
 5                  (H)  Motions to vacate bond forfeiture  orders,
 6             $20.
 7                  (I)  Motions  to  vacate  ex  parte  judgments,
 8             whenever filed, $20.
 9                  (J)  Motions to vacate judgment on forfeitures,
10             whenever filed, $20.
11                  (K)  Motions  to  vacate "failure to appear" or
12             "failure to comply" notices sent to the Secretary of
13             State, $20.
14             (2)  In counties having a population  of  more  than
15        650,000  but  fewer  than 3,000,000 inhabitants, when the
16        violation complaint  is  issued  by  a  municipal  police
17        department,  the  clerk  shall  be entitled to costs from
18        each person convicted therein as follows:
19                  (A)  Minor  traffic  or  ordinance  violations,
20             $10.
21                  (B)  When court appearance required, $15.
22             (3)  In ordinance violation cases punishable by fine
23        only, the clerk of the circuit court shall be entitled to
24        receive, unless the fee is excused upon a finding by  the
25        court  that  the  defendant  is  indigent, in addition to
26        other fees or costs allowed or imposed by law, the sum of
27        $50 as a fee for the services of a jury.   The  jury  fee
28        shall  be paid by the defendant at the time of filing his
29        or her jury demand.  If the fee is not  so  paid  by  the
30        defendant, no jury shall be called, and the case shall be
31        tried by the court without a jury.
32    (x)  Transcripts of Judgment.
33             For  the  filing  of  a  transcript of judgment, the
34        clerk shall be entitled to the same fee as if it were the
 
                            -33-               LRB9207504MWmb
 1        commencement of new suit.
 2    (y)  Change of Venue.
 3             (1)  For the filing of a change of case on a  change
 4        of  venue, the clerk shall be entitled to the same fee as
 5        if it were the commencement of a new suit.
 6             (2)  The fee for the preparation  and  certification
 7        of a record on a change of venue to another jurisdiction,
 8        when original documents are forwarded, $25.
 9    (z)  Tax objection complaints.
10             For  each  tax objection complaint containing one or
11        more tax objections, regardless of the number of  parcels
12        involved  or  the  number  of  taxpayers  joining  in the
13        complaint, $25.
14    (aa)  Tax Deeds.
15             (1)  Petition for tax deed, if only  one  parcel  is
16        involved, $150.
17             (2)  For each additional parcel, add a fee of $50.
18    (bb)  Collections.
19             (1)  For  all collections made of others, except the
20        State and county  and  except  in  maintenance  or  child
21        support  cases,  a  sum  equal  to  2.5%  of  the  amount
22        collected and turned over.
23             (2)  Interest  earned on any funds held by the clerk
24        shall be turned over to the county  general  fund  as  an
25        earning of the office.
26             (3)  For  any check, draft, or other bank instrument
27        returned to the clerk for non-sufficient  funds,  account
28        closed, or payment stopped, $25.
29             (4)  In  child  support  and  maintenance cases, the
30        clerk, if authorized by an ordinance of the county board,
31        may collect an annual fee of up to $36  from  the  person
32        making  payment for maintaining child support records and
33        the processing of support orders to the State of Illinois
34        KIDS system and the recording of payments issued  by  the
 
                            -34-               LRB9207504MWmb
 1        State  Disbursement  Unit  for the official record of the
 2        Court. This fee shall be in addition to and separate from
 3        amounts ordered  to  be  paid  as  maintenance  or  child
 4        support   and   shall   be   deposited  into  a  Separate
 5        Maintenance and Child Support Collection Fund,  of  which
 6        the  clerk shall be the custodian, ex-officio, to be used
 7        by the clerk to maintain child support orders and  record
 8        all  payments  issued  by the State Disbursement Unit for
 9        the official record of the Court. The clerk  may  recover
10        from  the  person making the maintenance or child support
11        payment any additional cost incurred in the collection of
12        this annual 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             The fee requirements of this Section shall not apply
26        to  police departments or other law enforcement agencies.
27        In this Section, "law enforcement agency" means an agency
28        of the State or a  unit  of  local  government  which  is
29        vested  by  law  or  ordinance  with the duty to maintain
30        public order and to enforce criminal laws or  ordinances.
31        "Law  enforcement agency" also means the Attorney General
32        or any state's attorney. The  fee  requirements  of  this
33        Section  shall  not  apply to any action instituted under
34        subsection  (b)  of  Section  11-31-1  of  the   Illinois
 
                            -35-               LRB9207504MWmb
 1        Municipal  Code  by  a  private  owner  or tenant of real
 2        property within  1200  feet  of  a  dangerous  or  unsafe
 3        building  seeking an order compelling the owner or owners
 4        of the building to take any  of  the  actions  authorized
 5        under that subsection.
 6    (ee)  Adoptions.
 7             (1)  For an adoption.............................$65
 8             (2)  Upon  good cause shown, the court may waive the
 9        adoption filing fee in a  special  needs  adoption.   The
10        term  "special  needs  adoption"  shall  have the meaning
11        ascribed to it by the Illinois Department of Children and
12        Family Services.
13    (ff)  Adoption exemptions.
14             No fee other than that set forth in subsection  (ee)
15        shall  be  charged  to  any  person in connection with an
16        adoption proceeding.
17    (gg)  Driving while intoxicated.
18             In addition to any other  fee  required  under  this
19        Section,  the clerk of the court must collect a $2 fee in
20        connection with proceedings  for  violations  of  Section
21        11-501  of the Illinois Vehicle Code.  The fees collected
22        under this subsection  must  be  remitted  to  the  State
23        Treasurer   for  deposit  into  the  Spinal  Cord  Injury
24        Paralysis Cure Research Trust Fund.
25    (Source: P.A. 90-466, eff. 8-17-97;  90-796,  eff.  12-15-98;
26    91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)

27        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
28        Sec.  27.2a.  The fees of the clerks of the circuit court
29    in all counties having a  population  of  3,000,000  or  more
30    inhabitants  in the instances described in this Section shall
31    be as provided in this Section.  The fees shall  be  paid  in
32    advance and shall be as follows:
33    (a)  Civil Cases.
 
                            -36-               LRB9207504MWmb
 1             The  fee  for filing a complaint, petition, or other
 2        pleading initiating a civil action,  with  the  following
 3        exceptions, shall be $190.
 4                  (A)  When the amount of money or damages or the
 5             value  of  personal property claimed does not exceed
 6             $250, $15.
 7                  (B)  When that amount exceeds $250 but does not
 8             exceed $1000, $40.
 9                  (C)  When that amount exceeds  $1000  but  does
10             not exceed $2500, $50.
11                  (D)  When  that  amount  exceeds $2500 but does
12             not exceed $5000, $100.
13                  (E)  When that amount exceeds  $5000  but  does
14             not exceed $15,000, $150.
15                  (F)  For  the exercise of eminent domain, $150.
16             For each additional lot or tract of land or right or
17             interest  therein  subject  to  be  condemned,   the
18             damages  in  respect to which shall require separate
19             assessment by a jury, $150.
20                  (G)  For the final  determination  of  parking,
21             standing,   and   compliance  violations  and  final
22             administrative  decisions  issued   after   hearings
23             regarding  vehicle  immobilization  and  impoundment
24             made  pursuant  to  Sections  3-704.1,  6-306.5, and
25             11-208.3 of the Illinois Vehicle Code, $25.
26    (b)  Forcible Entry and Detainer.
27             In each forcible entry and detainer  case  when  the
28        plaintiff seeks possession only or unites with his or her
29        claim  for possession of the property a claim for rent or
30        damages or both in the amount of $15,000  or  less,  $75.
31        When the plaintiff unites his or her claim for possession
32        with  a  claim  for  rent  or  damages  or both exceeding
33        $15,000, $225.
34    (c)  Counterclaim or Joining Third Party Defendant.
 
                            -37-               LRB9207504MWmb
 1             When any defendant files a counterclaim as  part  of
 2        his  or her answer or otherwise or joins another party as
 3        a third party defendant, or both, the defendant shall pay
 4        a fee for each counterclaim or third party action  in  an
 5        amount  equal  to the fee he or she would have had to pay
 6        had he or she brought a separate action  for  the  relief
 7        sought  in  the  counterclaim  or against the third party
 8        defendant, less the amount of the appearance fee, if that
 9        has been paid.
10    (d)  Confession of Judgment.
11             In a confession of judgment when the amount does not
12        exceed $1500, $60.  When the amount  exceeds  $1500,  but
13        does  not  exceed  $5000,  $75.   When the amount exceeds
14        $5000, but does not exceed $15,000, $175. When the amount
15        exceeds $15,000, $250.
16    (e)  Appearance.
17             The fee for filing an appearance in each civil  case
18        shall be $75, except as follows:
19                  (A)  When the plaintiff in a forcible entry and
20             detainer case seeks possession only, $40.
21                  (B)  When  the  amount  in  the  case  does not
22             exceed $1500, $40.
23                  (C)  When that amount exceeds  $1500  but  does
24             not exceed $15,000, $60.
25    (f)  Garnishment, Wage Deduction, and Citation.
26             In  garnishment affidavit, wage deduction affidavit,
27        and citation petition when the  amount  does  not  exceed
28        $1,000,  $15; when the amount exceeds $1,000 but does not
29        exceed $5,000, $30; and when the amount  exceeds  $5,000,
30        $50.
31    (g)  Petition to Vacate or Modify.
32             (1)  Petition to vacate or modify any final judgment
33        or  order of court, except in forcible entry and detainer
34        cases and small claims cases or a petition to  reopen  an
 
                            -38-               LRB9207504MWmb
 1        estate,  to  modify,  terminate, or enforce a judgment or
 2        order  for  child  or  spousal  support,  or  to  modify,
 3        suspend, or terminate an order for withholding, if  filed
 4        before  30 days after the entry of the judgment or order,
 5        $50.
 6             (2)  Petition to vacate or modify any final judgment
 7        or  order  of  court,  except  a  petition   to   modify,
 8        terminate,  or  enforce  a judgment or order for child or
 9        spousal support or to modify, suspend,  or  terminate  an
10        order  for withholding, if filed later than 30 days after
11        the entry of the judgment or order, $75.
12             (3)  Petition to vacate order  of  bond  forfeiture,
13        $40.
14    (h)  Mailing.
15             When  the clerk is required to mail, the fee will be
16        $10, plus the cost of postage.
17    (i)  Certified Copies.
18             Each certified copy of a judgment after  the  first,
19        except  in  small  claims and forcible entry and detainer
20        cases, $15.
21    (j)  Habeas Corpus.
22             For filing a petition for relief by  habeas  corpus,
23        $125.
24    (k)  Certification, Authentication, and Reproduction.
25             (1)  Each certification or authentication for taking
26        the  acknowledgment  of  a  deed  or  other instrument in
27        writing with the seal of office, $6.
28             (2)  Court  appeals  when  original  documents   are
29        forwarded, under 100 pages, plus delivery and costs, $75.
30             (3)  Court   appeals  when  original  documents  are
31        forwarded, over 100 pages, plus delivery and costs, $150.
32             (4)  Court  appeals  when  original  documents   are
33        forwarded,  over 200 pages, an additional fee of 25 cents
34        per page.
 
                            -39-               LRB9207504MWmb
 1             (5)  For reproduction of any document  contained  in
 2        the clerk's files:
 3                  (A)  First page, $2.
 4                  (B)  Next 19 pages, 50 cents per page.
 5                  (C)  All remaining pages, 25 cents per page.
 6    (l)  Remands.
 7             In any cases remanded to the Circuit Court  from the
 8        Supreme Court or the Appellate Court for a new trial, the
 9        clerk  shall  file  the remanding order and reinstate the
10        case with either its original number  or  a  new  number.
11        The  Clerk shall not charge any new or additional fee for
12        the reinstatement.  Upon reinstatement  the  Clerk  shall
13        advise  the  parties of the reinstatement.  A party shall
14        have the same  right  to  a  jury  trial  on  remand  and
15        reinstatement  as he or she had before the appeal, and no
16        additional or new fee or charge shall be made for a  jury
17        trial after remand.
18    (m)  Record Search.
19             For   each  record  search,  within  a  division  or
20        municipal district, the clerk  shall  be  entitled  to  a
21        search fee of $6 for each year searched.
22    (n)  Hard Copy.
23             For  each  page of hard copy print output, when case
24        records are maintained on an automated medium, the  clerk
25        shall be entitled to a fee of $6.
26    (o)  Index Inquiry and Other Records.
27             No    fee    shall   be   charged   for   a   single
28        plaintiff/defendant index inquiry or single  case  record
29        inquiry  when  this  request  is  made  in person and the
30        records are maintained in a current automated medium, and
31        when no hard copy print output is requested.  The fees to
32        be charged for management records, multiple case records,
33        and multiple journal records  may  be  specified  by  the
34        Chief  Judge  pursuant  to  the guidelines for access and
 
                            -40-               LRB9207504MWmb
 1        dissemination of  information  approved  by  the  Supreme
 2        Court.
 3    (p)  Commitment Petitions.
 4             For  filing  commitment  petitions  under the Mental
 5        Health and Developmental Disabilities Code, $50.
 6    (q)  Alias Summons.
 7             For each alias summons or  citation  issued  by  the
 8        clerk, $5.
 9    (r)  Other Fees.
10             Any fees not covered in this Section shall be set by
11        rule  or  administrative  order of the Circuit Court with
12        the approval of the Administrative Office of the Illinois
13        Courts.
14             The  clerk  of  the  circuit   court   may   provide
15        additional  services  for which there is no fee specified
16        by statute  in  connection  with  the  operation  of  the
17        clerk's  office  as  may  be  requested by the public and
18        agreed to by the clerk and approved by the chief judge of
19        the circuit court.  Any charges for  additional  services
20        shall  be  as  agreed  to between the clerk and the party
21        making the request and approved by the chief judge of the
22        circuit court.   Nothing  in  this  subsection  shall  be
23        construed to require any clerk to provide any service not
24        otherwise required by law.
25    (s)  Jury Services.
26             The  clerk shall be entitled to receive, in addition
27        to other fees allowed by law, the sum of  $212.50,  as  a
28        fee  for the services of a jury in every civil action not
29        quasi-criminal in its nature and not a proceeding for the
30        exercise of the right of  eminent  domain  and  in  every
31        other action wherein the right of trial by jury is or may
32        be given by law.  The jury fee shall be paid by the party
33        demanding  a  jury at the time of filing the jury demand.
34        If the fee is not paid by either party, no jury shall  be
 
                            -41-               LRB9207504MWmb
 1        called in the action or proceeding, and the same shall be
 2        tried by the court without a jury.
 3    (t)  Voluntary Assignment.
 4             For  filing  each deed of voluntary assignment, $20;
 5        for  recording  the  same,  50¢  for  each   100   words.
 6        Exceptions  filed to claims presented to an assignee of a
 7        debtor who  has  made  a  voluntary  assignment  for  the
 8        benefit of creditors shall be considered and treated, for
 9        the  purpose of taxing costs therein, as actions in which
10        the party or  parties  filing  the  exceptions  shall  be
11        considered   as  party  or  parties  plaintiff,  and  the
12        claimant or claimants as party or parties defendant,  and
13        those  parties  respectively  shall  pay to the clerk the
14        same fees as provided by this Section to be paid in other
15        actions.
16    (u)  Expungement Petition.
17             The clerk shall be entitled to receive a fee of  $60
18        for each expungement petition filed and an additional fee
19        of  $4  for   each  certified copy of an order to expunge
20        arrest records.
21    (v)  Probate.
22        The clerk is entitled to receive the  fees  specified  in
23    this  subsection  (v), which shall be paid in advance, except
24    that, for good cause shown, the court may suspend, reduce, or
25    release the costs payable under this subsection:
26             (1)  For administration of the estate of a  decedent
27        (whether  testate  or  intestate) or of a missing person,
28        $150, plus  the  fees  specified  in  subsection  (v)(3),
29        except:
30                  (A)  When  the  value  of the real and personal
31             property does not exceed $15,000, the fee  shall  be
32             $40.
33                  (B)  When  (i) proof of heirship alone is made,
34             (ii) a domestic  or  foreign  will  is  admitted  to
 
                            -42-               LRB9207504MWmb
 1             probate  without  administration (including proof of
 2             heirship), or (iii) letters of office are issued for
 3             a particular purpose without administration  of  the
 4             estate, the fee shall be $40.
 5             (2)  For  administration  of  the  estate of a ward,
 6        $75,  plus  the  fees  specified  in  subsection  (v)(3),
 7        except:
 8                  (A)  When the value of the  real  and  personal
 9             property  does  not exceed $15,000, the fee shall be
10             $40.
11                  (B)  When (i) letters of office are issued to a
12             guardian of the person or persons, but  not  of  the
13             estate  or  (ii) letters of office are issued in the
14             estate of  a  ward  without  administration  of  the
15             estate, including filing or joining in the filing of
16             a  tax  return or releasing a mortgage or consenting
17             to the marriage of the ward, the fee shall be $20.
18             (3)  In  addition  to   the   fees   payable   under
19        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
20        following fees are payable:
21                  (A)  For each account  (other  than  one  final
22             account) filed in the estate of a decedent, or ward,
23             $25.
24                  (B)  For  filing  a claim in an estate when the
25             amount claimed is $150 or more but less  than  $500,
26             $20;  when  the  amount  claimed is $500 or more but
27             less than $10,000, $40; when the amount  claimed  is
28             $10,000  or  more,  $60;  provided that the court in
29             allowing a claim may add to the amount  allowed  the
30             filing fee paid by the claimant.
31                  (C)  For filing in an estate a claim, petition,
32             or  supplemental  proceeding  based  upon  an action
33             seeking equitable relief including the  construction
34             or  contest  of a will, enforcement of a contract to
 
                            -43-               LRB9207504MWmb
 1             make a will, and proceedings involving  testamentary
 2             trusts  or the appointment of testamentary trustees,
 3             $60.
 4                  (D)  For filing in an estate (i) the appearance
 5             of any person for the purpose of consent or (ii) the
 6             appearance   of    an    executor,    administrator,
 7             administrator  to  collect,  guardian,  guardian  ad
 8             litem, or special administrator, no fee.
 9                  (E)  Except    as    provided   in   subsection
10             (v)(3)(D), for filing the appearance of  any  person
11             or persons, $30.
12                  (F)  For each jury demand, $137.50.
13                  (G)  For  disposition  of  the  collection of a
14             judgment or settlement of an  action  or  claim  for
15             wrongful  death  of  a  decedent  or of any cause of
16             action  of  a  ward,  when   there   is   no   other
17             administration  of  the estate, $50, less any amount
18             paid under subsection (v)(1)(B) or (v)(2)(B)  except
19             that  if the amount involved does not exceed $5,000,
20             the fee, including any amount paid under  subsection
21             (v)(1)(B) or (v)(2)(B), shall be $20.
22                  (H)  For  each  certified  copy  of  letters of
23             office, of court order or other  certification,  $2,
24             plus  $1  per  page  in  excess  of  3 pages for the
25             document certified.
26                  (I)  For each exemplification, $2, plus the fee
27             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
 
                            -44-               LRB9207504MWmb
 1        person entitled thereto.
 2             (6)  The    executor,    administrator,    guardian,
 3        petitioner, or other interested  person  or  his  or  her
 4        attorney  shall  pay  to  the  clerk  all postage charges
 5        incurred by  the  clerk  in  mailing  petitions,  orders,
 6        notices, or other documents pursuant to the provisions of
 7        the Probate Act 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, $125.
13                  (B)  Misdemeanor complaints, $75.
14                  (C)  Business offense complaints, $75.
15                  (D)  Petty offense complaints, $75.
16                  (E)  Minor  traffic  or  ordinance  violations,
17             $30.
18                  (F)  When court appearance required, $50.
19                  (G)  Motions  to  vacate or amend final orders,
20             $40.
21                  (H)  Motions to vacate bond forfeiture  orders,
22             $30.
23                  (I)  Motions  to  vacate  ex  parte  judgments,
24             whenever filed, $30.
25                  (J)  Motions to vacate judgment on forfeitures,
26             whenever filed, $25.
27                  (K)  Motions  to  vacate "failure to appear" or
28             "failure to comply" notices sent to the Secretary of
29             State, $40.
30             (2)  In counties having a population of 3,000,000 or
31        more,  when  the  violation  complaint  is  issued  by  a
32        municipal police department, the clerk shall be  entitled
33        to costs from each person convicted therein as follows:
34                  (A)  Minor  traffic  or  ordinance  violations,
 
                            -45-               LRB9207504MWmb
 1             $30.
 2                  (B)  When court appearance required, $50.
 3             (3)  In ordinance violation cases punishable by fine
 4        only, the clerk of the circuit court shall be entitled to
 5        receive,  unless the fee is excused upon a finding by the
 6        court that the defendant  is  indigent,  in  addition  to
 7        other fees or costs allowed or imposed by law, the sum of
 8        $112.50  as  a  fee for the services of a jury.  The jury
 9        fee shall be paid by the defendant at the time of  filing
10        his or her jury demand.  If the fee is not so paid by the
11        defendant, no jury shall be called, and the case shall be
12        tried by the court without a jury.
13    (x)  Transcripts of Judgment.
14             For  the  filing  of  a  transcript of judgment, the
15        clerk shall be entitled to the same fee as if it were the
16        commencement of a new suit.
17    (y)  Change of Venue.
18             (1)  For the filing of a change of case on a  change
19        of  venue, the clerk shall be entitled to the same fee as
20        if it were the commencement of a new suit.
21             (2)  The fee for the preparation  and  certification
22        of a record on a change of venue to another jurisdiction,
23        when original documents are forwarded, $40.
24    (z)  Tax objection complaints.
25             For  each  tax objection complaint containing one or
26        more tax objections, regardless of the number of  parcels
27        involved  or  the  number  of  taxpayers  joining  in the
28        complaint, $50.
29    (aa)  Tax Deeds.
30             (1)  Petition for tax deed, if only  one  parcel  is
31        involved, $250.
32             (2)  For each additional parcel, add a fee of $100.
33    (bb)  Collections.
34             (1)  For  all collections made of others, except the
 
                            -46-               LRB9207504MWmb
 1        State and county  and  except  in  maintenance  or  child
 2        support  cases,  a  sum  equal  to  3.0%  of  the  amount
 3        collected and turned over.
 4             (2)  Interest  earned on any funds held by the clerk
 5        shall be turned over to the county  general  fund  as  an
 6        earning of the office.
 7             (3)  For  any check, draft, or other bank instrument
 8        returned to the clerk for non-sufficient  funds,  account
 9        closed, or payment stopped, $25.
10             (4)  In  child  support  and  maintenance cases, the
11        clerk, if authorized by an ordinance of the county board,
12        may collect an annual fee of up to $36  from  the  person
13        making  payment for maintaining child support records and
14        the processing of support orders to the State of Illinois
15        KIDS system and the recording of payments issued  by  the
16        State  Disbursement  Unit  for the official record of the
17        Court.  This fee shall be in  addition  to  and  separate
18        from  amounts  ordered to be paid as maintenance or child
19        support  and  shall  be   deposited   into   a   Separate
20        Maintenance  and  Child Support Collection Fund, of which
21        the clerk shall be the custodian, ex-officio, to be  used
22        by  the clerk to maintain child support orders and record
23        all payments issued by the State  Disbursement  Unit  for
24        the  official record of the Court.  The clerk may recover
25        from the person making the maintenance or  child  support
26        payment any additional cost incurred in the collection of
27        this annual fee.
28             The  clerk shall also be entitled to a fee of $5 for
29        certifications made to the Secretary of State as provided
30        in Section 7-703 of the Family  Financial  Responsibility
31        Law  and  these  fees  shall  also  be deposited into the
32        Separate Maintenance and Child Support Collection Fund.
33    (cc)  Corrections of Numbers.
34             For correction of the case number,  case  title,  or
 
                            -47-               LRB9207504MWmb
 1        attorney  computer  identification number, if required by
 2        rule of court, on  any  document  filed  in  the  clerk's
 3        office,  to  be  charged against the party that filed the
 4        document, $25.
 5    (dd)  Exceptions.
 6             (1)  The fee requirements of this Section shall  not
 7        apply  to  police  departments  or  other law enforcement
 8        agencies.  In  this  Section,  "law  enforcement  agency"
 9        means  an  agency  of  the  State  or  a  unit  of  local
10        government  which  is vested by law or ordinance with the
11        duty to maintain public order  and  to  enforce  criminal
12        laws  or ordinances.  "Law enforcement agency" also means
13        the Attorney General or any state's attorney.
14             (2)  No fee provided herein shall be charged to  any
15        unit  of  local  government  or  school district. The fee
16        requirements of this  Section  shall  not  apply  to  any
17        action instituted under subsection (b) of Section 11-31-1
18        of  the  Illinois  Municipal  Code  by a private owner or
19        tenant of real property within 1200 feet of  a  dangerous
20        or  unsafe building seeking an order compelling the owner
21        or owners of the building to  take  any  of  the  actions
22        authorized under that subsection.
23    (ee)  Adoption.
24             (1)  For an adoption.............................$65
25             (2)  Upon  good cause shown, the court may waive the
26        adoption filing fee in a  special  needs  adoption.   The
27        term  "special  needs  adoption"  shall  have the meaning
28        ascribed to it by the Illinois Department of Children and
29        Family Services.
30    (ff)  Adoption exemptions.
31             No fee other than that set forth in subsection  (ee)
32        shall  be  charged  to  any  person in connection with an
33        adoption proceeding.
34    (gg)  Driving while intoxicated.
 
                            -48-               LRB9207504MWmb
 1             In addition to any other  fee  required  under  this
 2        Section,  the clerk of the court must collect a $2 fee in
 3        connection with proceedings  for  violations  of  Section
 4        11-501  of the Illinois Vehicle Code.  The fees collected
 5        under this subsection  must  be  remitted  to  the  State
 6        Treasurer   for  deposit  into  the  Spinal  Cord  Injury
 7        Paralysis Cure Research Trust Fund.
 8    (Source: P.A. 90-466, eff. 8-17-97;  90-796,  eff.  12-15-98;
 9    91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;  91-821, eff.
10    6-13-00.)

11        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
12        Sec.  27.5.  (a)  All  fees,  fines,  costs,   additional
13    penalties, bail balances assessed or forfeited, and any other
14    amount  paid  by a person to the circuit clerk that equals an
15    amount less than $55, except restitution under Section  5-5-6
16    of  the  Unified  Code  of Corrections, reimbursement for the
17    costs of an emergency  response  as  provided  under  Section
18    5-5-3  of the Unified Code of Corrections, any fees collected
19    for attending a traffic safety program under paragraph (c) of
20    Supreme Court Rule 529, any fee  collected  on  behalf  of  a
21    State's Attorney under Section 4-2002 of the Counties Code or
22    a  sheriff  under Section 4-5001 of the Counties Code, or any
23    cost imposed under Section 124A-5 of  the  Code  of  Criminal
24    Procedure of 1963, for convictions, orders of supervision, or
25    any  other  disposition  for a violation of Chapters 3, 4, 6,
26    11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
27    provision  of  a  local  ordinance,  and any violation of the
28    Child Passenger Protection Act, or a similar provision  of  a
29    local  ordinance,  shall  be  disbursed  within 60 days after
30    receipt by the  circuit  clerk  as  follows:   47%  shall  be
31    disbursed to the entity authorized by law to receive the fine
32    imposed  in  the  case;  12%  shall be disbursed to the State
33    Treasurer; and 41% shall be disbursed to the county's general
 
                            -49-               LRB9207504MWmb
 1    corporate fund. Of the 12% disbursed to the State  Treasurer,
 2    1/6  shall  be  deposited  by  the  State  Treasurer into the
 3    Violent Crime Victims Assistance Fund, 1/2 shall be deposited
 4    into the Traffic and Criminal Conviction Surcharge Fund,  and
 5    1/3  shall be deposited into the Drivers Education Fund.  For
 6    fiscal years  1992  and  1993,  amounts  deposited  into  the
 7    Violent  Crime  Victims  Assistance  Fund,  the  Traffic  and
 8    Criminal  Conviction Surcharge Fund, or the Drivers Education
 9    Fund shall not exceed 110%  of  the  amounts  deposited  into
10    those funds in fiscal year 1991.  Any amount that exceeds the
11    110%  limit  shall  be  distributed as follows:  50% shall be
12    disbursed to the county's  general  corporate  fund  and  50%
13    shall be disbursed to the entity authorized by law to receive
14    the  fine imposed in the case. Not later than March 1 of each
15    year the circuit clerk shall submit a report of the amount of
16    funds remitted to the  State  Treasurer  under  this  Section
17    during the preceding year based upon independent verification
18    of  fines  and fees. All amounts collected as a $2 additional
19    fee for violations of Section 11-501 of the Illinois  Vehicle
20    Code must be remitted to the State Treasurer for deposit into
21    the Spinal Cord Injury Paralysis Cure Research Trust Fund.
22        (b)  All  counties  shall  be  subject  to  this Section,
23    except that counties with a population under  2,000,000  may,
24    by  ordinance,  elect not to be subject to this Section.  For
25    offenses subject to this Section,  judges  shall  impose  one
26    total sum of money payable for violations.  The circuit clerk
27    may  add on no additional amounts except for amounts that are
28    required by Sections 27.3a and  27.3c  of  this  Act,  unless
29    those  amounts  are  specifically  waived by the judge.  With
30    respect to money collected by the circuit clerk as  a  result
31    of  forfeiture  of  bail,  ex  parte  judgment or guilty plea
32    pursuant to Supreme Court Rule 529, the circuit  clerk  shall
33    first  deduct  and pay amounts required by Sections 27.3a and
34    27.3c of this Act.
 
                            -50-               LRB9207504MWmb
 1        (c)  This Section is a denial and limitation of home rule
 2    powers and functions under subsection (h)  of  Section  6  of
 3    Article VII of the Illinois Constitution.
 4    (Source: P.A. 89-234, eff. 1-1-96.)

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.

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