[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
[ House Amendment 002 ] | [ Senate Amendment 001 ] |
92_SB0385ham004 LRB9206081TAtmam14 1 AMENDMENT TO SENATE BILL 385 2 AMENDMENT NO. . Amend Senate Bill 385 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Counties Code is amended by changing 5 Sections 3-5018, 3-5036, 4-2002.1, 4-4001, 4-12003, 5-1113, 6 and 5-39001 as follows: 7 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) 8 (Text of Section before amendment by P.A. 91-893) 9 Sec. 3-5018. Fees. The recorder elected as provided for 10 in this Division shall receive such fees as are or may be 11 provided for him by law, in case of provision therefor: 12 otherwise he shall receive the same fees as are or may be 13 provided in this Section, except when increased by county 14 ordinance pursuant to the provisions of this Section, to be 15 paid to the county clerk for his services in the office of 16 recorder for like services. No filing fee shall be charged 17 for providing informational copies of financing statements to 18 the recorder pursuant to subsection (8) of Section 9-403 of 19 the Uniform Commercial Code. 20 For recording deeds or other instruments $12 for the 21 first 4 pages thereof, plus $1 for each additional page 22 thereof, plus $1 for each additional document number therein -2- LRB9206081TAtmam14 1 noted. The aggregate minimum fee for recording any one 2 instrument shall not be less than $12. 3 For recording deeds or other instruments wherein the 4 premises affected thereby are referred to by document number 5 and not by legal description a fee of $1 in addition to that 6 hereinabove referred to for each document number therein 7 noted. 8 For recording assignments of mortgages, leases or liens 9 $12 for the first 4 pages thereof, plus $1 for each 10 additional page thereof. However, except for leases and 11 liens pertaining to oil, gas and other minerals, whenever a 12 mortgage, lease or lien assignment assigns more than one 13 mortgage, lease or lien document, a $7 fee shall be charged 14 for the recording of each such mortgage, lease or lien 15 document after the first one. 16 For recording maps or plats of additions or subdivisions 17 approved by the county or municipality (including the 18 spreading of the same of record in map case or other proper 19 books) or plats of condominiums $50 for the first page, plus 20 $1 for each additional page thereof except that in the case 21 of recording a single page, legal size 8 1/2 x 14, plat of 22 survey in which there are no more than two lots or parcels of 23 land, the fee shall be $12. In each county where such maps 24 or plats are to be recorded, the recorder may require the 25 same to be accompanied by such number of exact, true and 26 legible copies thereof as the recorder deems necessary for 27 the efficient conduct and operation of his office. 28 For certified copies of records the same fees as for 29 recording, but in no case shall the fee for a certified copy 30 of a map or plat of an addition, subdivision or otherwise 31 exceed $10. 32 Each certificate of such recorder of the recording of the 33 deed or other writing and of the date of recording the same 34 signed by such recorder, shall be sufficient evidence of the -3- LRB9206081TAtmam14 1 recording thereof, and such certificate including the 2 indexing of record, shall be furnished upon the payment of 3 the fee for recording the instrument, and no additional fee 4 shall be allowed for the certificate or indexing. 5 The recorder shall charge an additional fee, in an amount 6 equal to the fee otherwise provided by law, for recording a 7 document (other than a document filed under the Plat Act or 8 the Uniform Commercial Code) that does not conform to the 9 following standards: 10 (1) The document shall consist of one or more 11 individual sheets measuring 8.5 inches by 11 inches, not 12 permanently bound and not a continuous form. Graphic 13 displays accompanying a document to be recorded that 14 measure up to 11 inches by 17 inches shall be recorded 15 without charging an additional fee. 16 (2) The document shall be legibly printed in black 17 ink, by hand, type, or computer. Signatures and dates 18 may be in contrasting colors if they will reproduce 19 clearly. 20 (3) The document shall be on white paper of not 21 less than 20-pound weight and shall have a clean margin 22 of at least one-half inch on the top, the bottom, and 23 each side. Margins may be used for non-essential 24 notations that will not affect the validity of the 25 document, including but not limited to form numbers, page 26 numbers, and customer notations. 27 (4) The first page of the document shall contain a 28 blank space, measuring at least 3 inches by 5 inches, 29 from the upper right corner. 30 (5) The document shall not have any attachment 31 stapled or otherwise affixed to any page. 32 A document that does not conform to these standards shall not 33 be recorded except upon payment of the additional fee 34 required under this paragraph. This paragraph, as amended by -4- LRB9206081TAtmam14 1 this amendatory Act of 1995, applies only to documents dated 2 after the effective date of this amendatory Act of 1995. 3 The county board of any county may by resolution provide 4 for an additional charge of $3 for filing every instrument, 5 paper, or notice for record, in order to defray the cost of 6 the county recorder's operations relating to computer, 7 micrographics, or any other means of automation of books and 8 records.converting the county recorder's document storage9system to computers or micrographics.10 A special fund shall be set up by the treasurer of the 11 county and such funds collected pursuant to the preceding 12 paragraphPublic Act 83-1321shall be used solely for the 13 costs and necessary expenses incurred by a county recorder to 14 implement and maintain the automation of books and records by 15 computer, micrographics, or any other means, including but 16 not limited to electronic interface allowing public access to 17 these records over the World Wide Web.a document storage18system to provide the equipment, materials and necessary19expenses incurred to help defray the costs of implementing20and maintaining such a document records system.21 The county board of any county that provides and 22 maintains a countywide map through a Geographic Information 23 System (GIS) may provide for an additional charge of $3 for 24 filing every instrument, paper, or notice for record in order 25 to defray the cost of implementing or maintaining the 26 county's Geographic Information System. Of that amount, $2 27 must be deposited into a special fund set up by the treasurer 28 of the county, and any moneys collected pursuant to this 29 amendatory Act of the 91st General Assembly and deposited 30 into that fund must be used solely for the equipment, 31 materials, and necessary expenses incurred in implementing 32 and maintaining a Geographic Information System. The 33 remaining $1 must be deposited into the recorder's special 34 funds created under Section 3-5005.4. The recorder may, in -5- LRB9206081TAtmam14 1 his or her discretion, use moneys in the funds created under 2 Section 3-5005.4 to defray the cost of implementing or 3 maintaining the county's Geographic Information System. 4 The foregoing fees allowed by this Section are the 5 maximum fees that may be collected from any officer, agency, 6 department or other instrumentality of the State. The county 7 board may, however, by ordinance, increase the fees allowed 8 by this Section and collect such increased fees from all 9 persons and entities other than officers, agencies, 10 departments and other instrumentalities of the State if the 11 increase is justified by an acceptable cost study showing 12 that the fees allowed by this Section are not sufficient to 13 cover the cost of providing the service. 14 A statement of the costs of providing each service, 15 program and activity shall be prepared by the county board. 16 All supporting documents shall be public record and subject 17 to public examination and audit. All direct and indirect 18 costs, as defined in the United States Office of Management 19 and Budget Circular A-87, may be included in the 20 determination of the costs of each service, program and 21 activity. 22 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 23 91-886, eff. 1-1-01.) 24 (Text of Section after amendment by P.A. 91-893) 25 Sec. 3-5018. Fees. The recorder elected as provided for 26 in this Division shall receive such fees as are or may be 27 provided for him by law, in case of provision therefor: 28 otherwise he shall receive the same fees as are or may be 29 provided in this Section, except when increased by county 30 ordinance pursuant to the provisions of this Section, to be 31 paid to the county clerk for his services in the office of 32 recorder for like services. 33 For recording deeds or other instruments $12 for the 34 first 4 pages thereof, plus $1 for each additional page -6- LRB9206081TAtmam14 1 thereof, plus $1 for each additional document number therein 2 noted. The aggregate minimum fee for recording any one 3 instrument shall not be less than $12. 4 For recording deeds or other instruments wherein the 5 premises affected thereby are referred to by document number 6 and not by legal description a fee of $1 in addition to that 7 hereinabove referred to for each document number therein 8 noted. 9 For recording assignments of mortgages, leases or liens 10 $12 for the first 4 pages thereof, plus $1 for each 11 additional page thereof. However, except for leases and 12 liens pertaining to oil, gas and other minerals, whenever a 13 mortgage, lease or lien assignment assigns more than one 14 mortgage, lease or lien document, a $7 fee shall be charged 15 for the recording of each such mortgage, lease or lien 16 document after the first one. 17 For recording maps or plats of additions or subdivisions 18 approved by the county or municipality (including the 19 spreading of the same of record in map case or other proper 20 books) or plats of condominiums $50 for the first page, plus 21 $1 for each additional page thereof except that in the case 22 of recording a single page, legal size 8 1/2 x 14, plat of 23 survey in which there are no more than two lots or parcels of 24 land, the fee shall be $12. In each county where such maps 25 or plats are to be recorded, the recorder may require the 26 same to be accompanied by such number of exact, true and 27 legible copies thereof as the recorder deems necessary for 28 the efficient conduct and operation of his office. 29 For certified copies of records the same fees as for 30 recording, but in no case shall the fee for a certified copy 31 of a map or plat of an addition, subdivision or otherwise 32 exceed $10. 33 Each certificate of such recorder of the recording of the 34 deed or other writing and of the date of recording the same -7- LRB9206081TAtmam14 1 signed by such recorder, shall be sufficient evidence of the 2 recording thereof, and such certificate including the 3 indexing of record, shall be furnished upon the payment of 4 the fee for recording the instrument, and no additional fee 5 shall be allowed for the certificate or indexing. 6 The recorder shall charge an additional fee, in an amount 7 equal to the fee otherwise provided by law, for recording a 8 document (other than a document filed under the Plat Act or 9 the Uniform Commercial Code) that does not conform to the 10 following standards: 11 (1) The document shall consist of one or more 12 individual sheets measuring 8.5 inches by 11 inches, not 13 permanently bound and not a continuous form. Graphic 14 displays accompanying a document to be recorded that 15 measure up to 11 inches by 17 inches shall be recorded 16 without charging an additional fee. 17 (2) The document shall be legibly printed in black 18 ink, by hand, type, or computer. Signatures and dates 19 may be in contrasting colors if they will reproduce 20 clearly. 21 (3) The document shall be on white paper of not 22 less than 20-pound weight and shall have a clean margin 23 of at least one-half inch on the top, the bottom, and 24 each side. Margins may be used for non-essential 25 notations that will not affect the validity of the 26 document, including but not limited to form numbers, page 27 numbers, and customer notations. 28 (4) The first page of the document shall contain a 29 blank space, measuring at least 3 inches by 5 inches, 30 from the upper right corner. 31 (5) The document shall not have any attachment 32 stapled or otherwise affixed to any page. 33 A document that does not conform to these standards shall not 34 be recorded except upon payment of the additional fee -8- LRB9206081TAtmam14 1 required under this paragraph. This paragraph, as amended by 2 this amendatory Act of 1995, applies only to documents dated 3 after the effective date of this amendatory Act of 1995. 4 The county board of any county may by resolution provide 5 for an additional charge of $3 for filing every instrument, 6 paper, or notice for record, in order to defray the cost of 7 the county recorder's operations relating to computer, 8 micrographics, or any other means of automation of books and 9 records.converting the county recorder's document storage10system to computers or micrographics.11 A special fund shall be set up by the treasurer of the 12 county and such funds collected pursuant to the preceding 13 paragraphPublic Act 83-1321shall be used solely for the 14 costs and necessary expenses incurred by a county recorder to 15 implement and maintain the automation of books and records by 16 computer, micrographics, or any other means, including but 17 not limited to electronic interface allowing public access to 18 these records over the World Wide Web.a document storage19system to provide the equipment, materials and necessary20expenses incurred to help defray the costs of implementing21and maintaining such a document records system.22 The county board of any county that provides and 23 maintains a countywide map through a Geographic Information 24 System (GIS) may provide for an additional charge of $3 for 25 filing every instrument, paper, or notice for record in order 26 to defray the cost of implementing or maintaining the 27 county's Geographic Information System. Of that amount, $2 28 must be deposited into a special fund set up by the treasurer 29 of the county, and any moneys collected pursuant to this 30 amendatory Act of the 91st General Assembly and deposited 31 into that fund must be used solely for the equipment, 32 materials, and necessary expenses incurred in implementing 33 and maintaining a Geographic Information System. The 34 remaining $1 must be deposited into the recorder's special -9- LRB9206081TAtmam14 1 funds created under Section 3-5005.4. The recorder may, in 2 his or her discretion, use moneys in the funds created under 3 Section 3-5005.4 to defray the cost of implementing or 4 maintaining the county's Geographic Information System. 5 The foregoing fees allowed by this Section are the 6 maximum fees that may be collected from any officer, agency, 7 department or other instrumentality of the State. The county 8 board may, however, by ordinance, increase the fees allowed 9 by this Section and collect such increased fees from all 10 persons and entities other than officers, agencies, 11 departments and other instrumentalities of the State if the 12 increase is justified by an acceptable cost study showing 13 that the fees allowed by this Section are not sufficient to 14 cover the cost of providing the service. 15 A statement of the costs of providing each service, 16 program and activity shall be prepared by the county board. 17 All supporting documents shall be public record and subject 18 to public examination and audit. All direct and indirect 19 costs, as defined in the United States Office of Management 20 and Budget Circular A-87, may be included in the 21 determination of the costs of each service, program and 22 activity. 23 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 24 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.) 25 (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036) 26 Sec. 3-5036. Records open to inspection. All records, 27 indices, abstract and other books kept in the office of any 28 recorder, and all instruments filed therein and all 29 instruments deposited or left for recordation therein shall, 30 during the office hours, be open for public inspection and 31 examination; and all persons shall have free access for 32 inspection and examination to such records, indices, books 33 and instruments, which the recorders shall be bound to -10- LRB9206081TAtmam14 1 exhibit to those who wish to inspect or examine the same; and 2 all persons shall have the right to take memoranda and 3 abstracts thereof without fee or reward. This Section is 4 subject to the provisions of "The Local Records Act". 5 Records, indices, abstracts, and other books kept in the 6 office of the recorder, and all instruments filed, deposited, 7 or left there for recordation, may be made available on a Web 8 site maintained by the county recorder on the World Wide Web. 9 Making records available on the World Wide Web does not alter 10 or satisfy any duties of the county recorder to keep, 11 maintain, or otherwise make available records of the office 12 as required by law. The records posted by the recorder on the 13 World Wide Web may include those public records created and 14 maintained in the normal course of the recorder's official 15 business. These records may be processed, as necessary, to 16 make them accessible on the World Wide Web. These Web-posted 17 records shall be viewable to all persons without any fee or 18 charge. The county board may, by resolution, authorize the 19 recorder to establish other Web-based services for which a 20 reasonable fee may be charged. 21 (Source: P.A. 86-962.) 22 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1) 23 Sec. 4-2002.1. State's attorney fees in counties of 24 3,000,000 or more population. This Section appliesonlyto 25 counties with 3,000,000 or more inhabitants. In addition, 26 counties with 80,000 or more inhabitants but less than 27 3,000,000 inhabitants may by resolution provide for fee 28 amounts up to the amounts listed in this Section; otherwise, 29 the applicable fee amounts shall be as provided in Section 30 4-2002 of this Code. 31 (a) State's attorneys shall be entitled to the following 32 fees: 33 For each conviction in prosecutions on indictments for -11- LRB9206081TAtmam14 1 first degree murder, second degree murder, involuntary 2 manslaughter, criminal sexual assault, aggravated criminal 3 sexual assault, aggravated criminal sexual abuse, kidnapping, 4 arson and forgery, $60. All other cases punishable by 5 imprisonment in the penitentiary, $60. 6 For each conviction in other cases tried before judges of 7 the circuit court, $30; except that if the conviction is in a 8 case which may be assigned to an associate judge, whether or 9 not it is in fact assigned to an associate judge, the fee 10 shall be $20. 11 For preliminary examinations for each defendant held to 12 bail or recognizance, $20. 13 For each examination of a party bound over to keep the 14 peace, $20. 15 For each defendant held to answer in a circuit court on a 16 charge of paternity, $20. 17 For each trial on a charge of paternity, $60. 18 For each case of appeal taken from his county or from the 19 county to which a change of venue is taken to his county to 20 the Supreme or Appellate Court when prosecuted or defended by 21 him, $100. 22 For each day actually employed in the trial of a case, 23 $50; in which case the court before whom the case is tried 24 shall make an order specifying the number of days for which a 25 per diem shall be allowed. 26 For each day actually employed in the trial of cases of 27 felony arising in their respective counties and taken by 28 change of venue to another county, $50; and the court before 29 whom the case is tried shall make an order specifying the 30 number of days for which said per diem shall be allowed; and 31 it is hereby made the duty of each State's attorney to 32 prepare and try each case of felony arising when so taken by 33 change of venue. 34 For assisting in a trial of each case on an indictment -12- LRB9206081TAtmam14 1 for felony brought by change of venue to their respective 2 counties, the same fees they would be entitled to if such 3 indictment had been found for an offense committed in his 4 county, and it shall be the duty of the State's attorney of 5 the county to which such cause is taken by change of venue to 6 assist in the trial thereof. 7 For each case of forfeited recognizance where the 8 forfeiture is set aside at the instance of the defense, in 9 addition to the ordinary costs, $20 for each defendant. 10 For each proceeding in a circuit court to inquire into 11 the alleged mental illness of any person, $20 for each 12 defendant. 13 For each proceeding in a circuit court to inquire into 14 the alleged dependency or delinquency of any child, $20. 15 For each day actually employed in the hearing of a case 16 of habeas corpus in which the people are interested, $50. 17 All the foregoing fees shall be taxed as costs to be 18 collected from the defendant, if possible, upon conviction. 19 But in cases of inquiry into the mental illness of any person 20 alleged to be mentally ill, in cases on a charge of paternity 21 and in cases of appeal in the Supreme or Appellate Court, 22 where judgment is in favor of the accused, the fees allowed 23 the State's attorney therein shall be retained out of the 24 fines and forfeitures collected by them in other cases. 25 Ten per cent of all moneys except revenue, collected by 26 them and paid over to the authorities entitled thereto, which 27 per cent together with the fees provided for herein that are 28 not collected from the parties tried or examined, shall be 29 paid out of any fines and forfeited recognizances collected 30 by them, provided however, that in proceedings to foreclose 31 the lien of delinquent real estate taxes State's attorneys 32 shall receive a fee, to be credited to the earnings of their 33 office, of 10% of the total amount realized from the sale of 34 real estate sold in such proceedings. Such fees shall be paid -13- LRB9206081TAtmam14 1 from the total amount realized from the sale of the real 2 estate sold in such proceedings. 3 State's attorneys shall have a lien for their fees on all 4 judgments for fines or forfeitures procured by them and on 5 moneys except revenue received by them until such fees and 6 earnings are fully paid. 7 No fees shall be charged on more than 10 counts in any 8 one indictment or information on trial and conviction; nor on 9 more than 10 counts against any one defendant on pleas of 10 guilty. 11 The Circuit Court may direct that of all monies received, 12 by restitution or otherwise, which monies are ordered paid to 13 the Department of Public Aid or the Department of Human 14 Services (acting as successor to the Department of Public Aid 15 under the Department of Human Services Act) as a direct 16 result of the efforts of the State's attorney and which 17 payments arise from Civil or Criminal prosecutions involving 18 the Illinois Public Aid Code or the Criminal Code, the 19 following amounts shall be paid quarterly by the Department 20 of Public Aid or the Department of Human Services to the 21 General Corporate Fund of the County in which the prosecution 22 or cause of action took place: 23 (1) where the monies result from child support 24 obligations, not less than 25% of the federal share of 25 the monies received, 26 (2) where the monies result from other than child 27 support obligations, not less than 25% of the State's 28 share of the monies received. 29 (b) A municipality shall be entitled to a $10 30 prosecution fee for each conviction for a violation of the 31 Illinois Vehicle Code prosecuted by the municipal attorney 32 pursuant to Section 16-102 of that Code which is tried before 33 a circuit or associate judge and shall be entitled to a $10 34 prosecution fee for each conviction for a violation of a -14- LRB9206081TAtmam14 1 municipal vehicle ordinance prosecuted by the municipal 2 attorney which is tried before a circuit or associate judge. 3 Such fee shall be taxed as costs to be collected from the 4 defendant, if possible, upon conviction. A municipality 5 shall have a lien for such prosecution fees on all judgments 6 or fines procured by the municipal attorney from prosecutions 7 for violations of the Illinois Vehicle Code and municipal 8 vehicle ordinances. 9 For the purposes of this subsection (b), "municipal 10 vehicle ordinance" means any ordinance enacted pursuant to 11 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the 12 Illinois Municipal Code or any ordinance enacted by a 13 municipality which is similar to a provision of Chapter 11 of 14 the Illinois Vehicle Code. 15 (Source: P.A. 89-507, eff. 7-1-97.) 16 (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001) 17 Sec. 4-4001. County Clerks; counties of first and second 18 class. The fees of the county clerk in counties of the first 19 and second class, except when increased by county ordinance 20 pursuant to the provisions of this Section, shall be: 21 For each official copy of any process, file, record or 22 other instrument of and pertaining to his office, 50¢ for 23 each 100 words, and $1 additional for certifying and sealing 24 the same. 25 For filing any paper not herein otherwise provided for, 26 $1, except that no fee shall be charged for filing a 27 Statement of economic interest pursuant to the Illinois 28 Governmental Ethics Act or reports made pursuant to Article 9 29 of The Election Code. 30 For issuance of fireworks permits, $2. 31 For issuance of liquor licenses, $5. 32 For filing and recording of the appointment and oath of 33 each public official, $3. -15- LRB9206081TAtmam14 1 For officially certifying and sealing each copy of any 2 process, file, record or other instrument of and pertaining 3 to his office, $1. 4 For swearing any person to an affidavit, $1. 5 For issuing each license in all matters except where the 6 fee for the issuance thereof is otherwise fixed, $4. 7 For issuing each marriage license, the certificate 8 thereof, and for recording the same, including the recording 9 of the parent's or guardian's consent where indicated, $15. 10 For taking and certifying acknowledgments to any 11 instrument, except where herein otherwise provided for, $1. 12 For issuing each certificate of appointment or 13 commission, the fee for which is not otherwise fixed by law, 14 $1. 15 For cancelling tax sale and issuing and sealing 16 certificates of redemption, $3. 17 For issuing order to county treasurer for redemption of 18 forfeited tax, $2. 19 For trying and sealing weights and measures by county 20 standard, together with all actual expenses in connection 21 therewith, $1. 22 For services in case of estrays, $2. 23 The following fees shall be allowed for services 24 attending the sale of land for taxes, and shall be charged as 25 costs against the delinquent property and be collected with 26 the taxes thereon: 27 For services in attending the tax sale and issuing 28 certificate of sale and sealing the same, for each tract or 29 town lot sold, $4. The County Board of any county of the 30 first or second class may by resolution authorize the County 31 Clerk to impose an additional $10 charge for issuing each 32 certificate of sale for the sole purpose of defraying the 33 cost of converting the County Clerk's tax extension and 34 redemption system to computers and micrographics and for -16- LRB9206081TAtmam14 1 maintaining this system. The County Board of any county of 2 the first or second class may by resolution authorize the 3 County Treasurer to establish a special fund for deposit of 4 the additional charge. Moneys in the special fund shall be 5 used solely to provide the equipment, material, and necessary 6 expenses incurred to help defray the cost of implementing and 7 maintaining the tax extension and redemption system. 8 For making list of delinquent lands and town lots sold, 9 to be filed with the Comptroller, for each tract or town lot 10 sold, 10¢. 11The foregoing fees allowed by this Section are the12maximum fees that may be collected from any officer, agency,13department or other instrumentality of the State. The county14board may, however, by ordinance, increase the fees allowed15by this Section and collect such increased fees from all16persons and entities other than officers, agencies,17departments and other instrumentalities of the State if the18increase is justified by an acceptable cost study showing19that the fees allowed by this Section are not sufficient to20cover the cost of providing the service.21A Statement of the costs of providing each service,22program and activity shall be prepared by the county board.23All supporting documents shall be public record and subject24to public examination and audit. All direct and indirect25costs, as defined in the United States Office of Management26and Budget Circular A-87, may be included in the27determination of the costs of each service, program and28activity.29The county clerk in all cases may demand and receive the30payment of all fees for services in advance so far as the31same can be ascertained.32 The county board of any county of the first or second 33 class may by ordinance authorize the county clerk to impose 34 an additional $2 charge for certified copies of vital records -17- LRB9206081TAtmam14 1 as defined in Section 1 of the Vital Records Act, for the 2 sole purpose of defraying the cost of converting the county 3 clerk's document storage system for vital records as defined 4 in Section 1 of the Vital Records Act to computers or 5 micrographics, and for maintaining such system. 6 The county board of any county of the first or second 7 class may by ordinance authorize the county treasurer to 8 establish a special fund for deposit of the additional 9 charge. Moneys in the special fund shall be used solely to 10 provide the equipment, material and necessary expenses 11 incurred to help defray the cost of implementing and 12 maintaining such document storage system. 13 The fees allowed by this Section are the maximum fees 14 that may be collected from any officer, agency, department, 15 or other instrumentality of the State. The county board may, 16 however, by resolution, increase the fees allowed by this 17 Section and collect these increased fees from all persons and 18 entities other than officers, agencies, departments, and 19 other instrumentalities of the State if the increase is 20 justified by an acceptable cost study showing that the fees 21 allowed by this Section are not sufficient to cover the cost 22 of providing the service. 23 A Statement of the costs of providing each service, 24 program, and activity shall be prepared by the county board. 25 All supporting documents shall be public records and subject 26 to public examination and audit. All direct and indirect 27 costs, as defined in the United States Office of Management 28 and Budget Circular A-87, may be included in the 29 determination of the costs of each service, program, and 30 activity. 31 The county clerk in all cases may demand and receive the 32 payment of all service fees in advance so far as these fees 33 can be ascertained in advance. 34 (Source: P.A. 86-962.) -18- LRB9206081TAtmam14 1 (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003) 2 Sec. 4-12003. Fees of county clerk in third class 3 counties. The fees of the county clerk in counties of the 4 third class are: 5 For issuing each marriage license, sealing, filing and 6 recording the same and the certificate thereto (one charge), 7 $30. 8 For taking, certifying to and sealing the acknowledgment 9 of a deed, power of attorney, or other writing, $1. 10 For filing and entering certificates in case of estrays, 11 and furnishing notices for publication thereof (one charge), 12 $1.50. 13 For recording all papers and documents required by law to 14 be recorded in the office of the county clerk, $2 plus 30¢ 15 for every 100 words in excess of 600 words. 16 For certificate and seal, not in a case in a court 17 whereof he is clerk, $1. 18 For making and certifying a copy of any record or paper 19 in his office, $2 for every page. 20 For filing papers in his office, 50¢ for each paper 21 filed, except that no fee shall be charged for filing a 22 Statement of economic interest pursuant to the Illinois 23 Governmental Ethics Act or reports made pursuant to Article 9 24 of The Election Code. 25 For making transcript of taxable property for the 26 assessors, 8¢ for each tract of land or town lot. For 27 extending other than State and county taxes, 8¢ for each tax 28 on each tract or lot, and 8¢ for each person's personal tax, 29 to be paid by the authority for whose benefit the transcript 30 is made and the taxes extended. The county clerk shall 31 certify to the county collector the amount due from each 32 authority for such services and the collector in his 33 settlement with such authority shall reserve such amount from 34 the amount payable by him to such authority. -19- LRB9206081TAtmam14 1 For adding and bringing forward with current tax warrants 2 amounts due for forfeited or withdrawn special assessments, 3 8¢ for each lot or tract of land described and transcribed. 4 For computing and extending each assessment or 5 installment thereof and interest, 8¢ on each description; and 6 for computing and extending each penalty, 8¢ on each 7 description. These fees shall be paid by the city, village, 8 or taxing body for whose benefit the transcript is made and 9 the assessment and penalties are extended. The county clerk 10 shall certify to the county collector the amount due from 11 each city, village or taxing body, for such services, and the 12 collector in his settlement with such taxing body shall 13 reserve such amount from the amount payable by him to such 14 city, village or other taxing body. 15 For cancelling certificates of sale, $4 for each tract or 16 lot. 17 For making search and report of general taxes and special 18 assessments for use in the preparation of estimate of cost of 19 redemption from sales or forfeitures or withdrawals or for 20 use in the preparation of estimate of cost of purchase of 21 forfeited property, or for use in preparation of order on the 22 county collector for searches requested by buyers at annual 23 tax sale, for each lot or tract, $4 for the first year 24 searched, and $2 for each additional year or fraction 25 thereof. 26 For preparing from tax search report estimate of cost of 27 redemption concerning property sold, forfeited or withdrawn 28 for non-payment of general taxes and special assessments, if 29 any, $1 for each lot or tract. 30 For certificate of deposit for redemption, $4. 31 For preparing from tax search report estimate of and 32 order to county collector to receive amount necessary to 33 redeem or purchase lands or lots forfeited for non-payment of 34 general taxes, $3 for each lot or tract. -20- LRB9206081TAtmam14 1 For preparing from tax search report estimate of and 2 order to county collector to receive amount necessary to 3 redeem or purchase lands or lots forfeited for non-payment of 4 special assessments, $4 for each lot or tract. 5 For issuing certificate of sale of forfeited property, 6 $10. 7 For noting on collector's warrants tax sales subject to 8 redemption, 20¢ for each tract or lot of land, to be paid by 9 either the person making the redemption from tax sale, the 10 person surrendering the certificate of sale for cancellation, 11 or the person taking out tax deed. 12 For noting on collector's warrant special assessments 13 withdrawn from collection 20¢ for each tract or lot of land, 14 to be charged against the lot assessed in the withdrawn 15 special assessment when brought forward with current tax or 16 when redeemed by the county clerk. The county clerk shall 17 certify to the county collector the amount due from each 18 city, village or taxing body for such fees, each year, and 19 the county collector in his settlement with such taxing body 20 shall reserve such amount from the amount payable by him to 21 such taxing body. 22 For taking and approving official bond of a town 23 assessor, filing and recording same, and issuing certificate 24 of election or qualification to such official or to the 25 Secretary of State, $10, to be paid by the officer-elect. 26 For certified copies of plats, 20¢ for each lot shown in 27 copy, but no charge less than $4. 28 For tax search and issuing Statement regarding same on 29 new plats to be recorded, $10. 30 For furnishing written description in conformity with 31 permanent real estate index number, $2 for each written 32 description. 33 The following fees shall be allowed for services in 34 matters of taxes and assessments, and shall be charged as -21- LRB9206081TAtmam14 1 costs against the delinquent property, and collected with the 2 taxes thereon: 3 For entering judgment, 8¢ for each tract or lot. 4 For services in attending the tax sale and issuing 5 certificates of sale and sealing the same, $10 for each tract 6 or lot. The County Board may by resolution authorize the 7 County Clerk to impose an additional $10 charge for issuing 8 each certificate of sale for the sole purpose of defraying 9 the cost of converting the County Clerk's tax extension and 10 redemption system to computers and micrographics and for 11 maintaining this system. The County Board may by resolution 12 authorize the County Treasurer to establish a special fund 13 for deposit of the additional charge. Moneys in the special 14 fund shall be used solely to provide the equipment, 15 material, and necessary expenses incurred to help defray the 16 cost of implementing and maintaining the tax extension and 17 redemption system. 18 For making list of delinquent lands and town lots sold, 19 to be filed with the State Comptroller, 10¢ for each tract or 20 lot sold. 21 The following fees shall be audited and allowed by the 22 board of county commissioners and paid from the county 23 treasury. 24 For computing State or county taxes, on each description 25 of real estate and each person's, firm's or corporation's 26 personal property tax, for each extension of each tax, 4¢, 27 which shall include the transcribing of the collector's 28 books. 29 For computing, extending and bringing forward, and adding 30 to the current tax, the amount due for general taxes on lands 31 and lots previously forfeited to the State, for each 32 extension of each tax, 4¢ for the first year, and for 33 computing and extending the tax and penalty for each 34 additional year, 6¢. -22- LRB9206081TAtmam14 1 For making duplicate or triplicate sets of books, 2 containing transcripts of taxable property, for the board of 3 assessors and board of review, 3¢ for each description 4 entered in each book. 5 For filing, indexing and recording or binding each birth, 6 death or stillbirth certificate or report, 15¢, which fee 7 shall be in full for all services in connection therewith, 8 including the keeping of accounts with district registrars. 9 For posting new subdivisions or plats in official 10 atlases, 25¢ for each lot. 11 For compiling new sheets for atlases, 20¢ for each lot. 12 For compiling new atlases, including necessary record 13 searches, 25¢ for each lot. 14 For investigating and reporting on each new plat, 15 referred to county clerk, $2. 16 For attending sessions of the board of county 17 commissioners thereof, $5 per day, for each clerk in 18 attendance. 19 For recording proceedings of the board of county 20 commissioners, 15¢ per 100 words. 21 For filing papers which must be kept in office of 22 comptroller of Cook County, 10¢ for each paper filed. 23 For filing and indexing contracts, bonds, communications, 24 and other such papers which must be kept in office of 25 comptroller of Cook County, 15¢ for each document. 26 For swearing any person to necessary affidavits relating 27 to the correctness of claims against the county, 25¢. 28 For issuing warrants in payment of salaries, supplies and 29 other accounts, and all necessary auditing and bookkeeping 30 work in connection therewith, 10¢ each. 31 The fee requirements of this Section do not apply to 32 units of local government or school districts. 33 (Source: P.A. 86-962; 87-669.) -23- LRB9206081TAtmam14 1 (55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113) 2 Sec. 5-1113. Ordinance and rules to execute powers; 3 limitations on punishments. The county board may pass all 4 ordinances and make all rules and regulations proper or 5 necessary, to carry into effect the powers granted to 6 counties, with such fines or penalties as may be deemed 7 proper except where a specific provision for a fine or 8 penalty is provided by law. No fine or penalty, however, 9 except civil penalties provided for failure to make returns 10 or to pay any taxes levied by the county shall exceed $750 11$500. 12 (Source: P.A. 86-962.) 13 (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001) 14 Sec. 5-39001. Establishment and use; fee. The county 15 board of any county may establish and maintain a county law 16 library, to be located in any county building or privately or 17 publicly owned building at the county seat of government. 18 The term "county building" includes premises leased by the 19 county from a public building commission created under the 20 Public Building Commission Act. After August 2, 1976, the 21 county board of any county may establish and maintain a 22 county law library at the county seat of government and, in 23 addition, branch law libraries in other locations within 24 that county as the county board deems necessary. 25 The facilities of those libraries shall be freely 26 available to all licensed Illinois attorneys, judges, other 27 public officers of the county, and all members of the public, 28 whenever the court house is open. 29 The expense of establishing and maintaining those 30 libraries shall be borne by the county. To defray that 31 expense, in any county having established a county law 32 library or libraries, the clerk of all trial courts located 33 at the county seat of government shall charge and collect a -24- LRB9206081TAtmam14 1 county law library fee of $2, and the county board may by 2 resolution authorize a county law library fee of not to 3 exceed $19$10, to be charged and collected by the clerks of 4 all trial courts located in the county. Beginning on January 5 1, 2003, and through January 1, 2007, the maximum fee that a 6 county board may authorize shall increase by $1 each year. 7 The fee shall be paid at the time of filing the first 8 pleading, paper, or other appearance filed by each party in 9 all civil cases, but no additional fee shall be required if 10 more than one party is represented in a single pleading, 11 paper, or other appearance. 12 Each clerk shall commence those charges and collections 13 upon receipt of written notice from the chairman of the 14 county board that the board has acted under this Division to 15 establish and maintain a law library. 16 The fees shall be in addition to all other fees and 17 charges of the clerks, assessable as costs, remitted by the 18 clerks monthly to the county treasurer, and retained by the 19 county treasurer in a special fund designated as the County 20 Law Library Fund. Except as otherwise provided in this 21 paragraph, disbursements from the fund shall be by the county 22 treasurer, on order of a majority of the resident circuit 23 judges of the circuit court of the county. In any county with 24 more than 2,000,000 inhabitants, the county board shall order 25 disbursements from the fund and the presiding officer of the 26 county board, with the advice and consent of the county 27 board, may appoint a library committee of not less than 9 28 members, who, by majority vote, may recommend to the county 29 board as to disbursements of the fund and the operation of 30 the library. In single county circuits with 2,000,000 or 31 fewer inhabitants, disbursements from the County Law Library 32 Fund shall be made by the county treasurer on the order of 33 the chief judge of the circuit court of the county. In those 34 single county circuits, the number of personnel necessary to -25- LRB9206081TAtmam14 1 operate and maintain the county law library shall be set by 2 and those personnel shall be appointed by the chief judge. 3 The county law library personnel shall serve at the pleasure 4 of the appointing authority. The salaries of those personnel 5 shall be fixed by the county board of the county. Orders 6 shall be pre-audited, funds shall be audited by the county 7 auditor, and a report of the orders and funds shall be 8 rendered to the county board and to the judges. 9 Fees shall not be charged in any criminal or 10 quasi-criminal case, in any matter coming to the clerk on 11 change of venue, or in any proceeding to review the decision 12 of any administrative officer, agency, or body. 13 (Source: P.A. 90-92, eff. 1-1-98; 90-589, eff. 6-5-98.) 14 Section 10. The Clerks of Courts Act is amended by 15 changing Sections 27.1, 27.1a, 27.2, 27.2a, 27.5, and 27.6 as 16 follows: 17 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 18 Sec. 27.1. The fees of the Clerk of the Circuit Court in 19 all counties having a population of 180,000 inhabitants or 20 less shall be paid in advance, except as otherwise provided, 21 and shall be as provided in this Section. However, counties 22 having a population of 80,000 or more inhabitants but not 23 more than 180,000 inhabitants may by resolution of the county 24 board provide for increased fee amounts up to the maximums 25 listed in Section 27.2 of this Act. In the absence of such a 26 county board resolution, the fees shall be as follows: 27 (a) Civil Cases. 28 (1) All civil cases except as otherwise 29 provided........................................... $40 30 (2) Judicial Sales (except Probate).......... $40 31 (b) Family. 32 (1) Commitment petitions under the Mental -26- LRB9206081TAtmam14 1 Health and Developmental Disabilities Code, filing 2 transcript of commitment proceedings held in 3 another county, and cases under the Juvenile Court 4 Act of 1987........................................ $25 5 (2) Petition for Marriage Licenses........... $10 6 (3) Marriages in Court....................... $10 7 (4) Paternity................................ $40 8 (c) Criminal and Quasi-Criminal. 9 (1) Each person convicted of a felony........ $40 10 (2) Each person convicted of a misdemeanor, 11 leaving scene of an accident, driving while 12 intoxicated, reckless driving or drag racing, 13 driving when license revoked or suspended, 14 overweight, or no interstate commerce certificate, 15 or when the disposition is court supervision....... $25 16 (3) Each person convicted of a business 17 offense............................................ $25 18 (4) Each person convicted of a petty offense. $25 19 (5) Minor traffic, conservation, or 20 ordinance violation, including 21 without limitation when the disposition is 22 court supervision: 23 (i) For each offense.................... $10 24 (ii) For each notice sent to the 25 defendant's last known address pursuant to 26 subsection (c) of Section 6-306.4 of the Illinois 27 Vehicle Code....................................... $2 28 (iii) For each notice sent to the 29 Secretary of State pursuant to subsection (c) of 30 Section 6-306.4 of the Illinois Vehicle Code....... $2 31 (6) When Court Appearance required........... $15 32 (7) Motions to vacate or amend final orders.. $10 33 (8) In ordinance violation cases punishable 34 by fine only, the clerk of the circuit court shall -27- LRB9206081TAtmam14 1 be entitled to receive, unless the fee is excused 2 upon a finding by the court that the defendant is 3 indigent, in addition to other fees or costs 4 allowed or imposed by law, the sum of $62.50 as a 5 fee for the services of a jury. The jury fee shall 6 be paid by the defendant at the time of filing his 7 or her jury demand. If the fee is not so paid by 8 the defendant, no jury shall be called, and the 9 case shall be tried by the court without a jury. 10 (d) Other Civil Cases. 11 (1) Money or personal property claimed does 12 not exceed $500.................................... $10 13 (2) Exceeds $500 but not more than $10,000... $25 14 (3) Exceeds $10,000, when relief in addition 15 to or supplemental to recovery of money alone is 16 sought in an action to recover personal property 17 taxes or retailers occupational tax regardless of 18 amount claimed..................................... $45 19 (4) The Clerk of the Circuit Court shall be 20 entitled to receive, in addition to other fees 21 allowed by law, the sum of $62.50, as a fee for the 22 services of a jury in every civil action not 23 quasi-criminal in its nature and not a proceeding 24 for the exercise of the right of eminent domain, 25 and in every equitable action wherein the right of 26 trial by jury is or may be given by law. The jury 27 fee shall be paid by the party demanding a jury at 28 the time of filing his jury demand. If such a fee 29 is not paid by either party, no jury shall be 30 called in the action, suit, or proceeding, and the 31 same shall be tried by the court without a jury. 32 (e) Confession of judgment and answer. 33 (1) When the amount does not exceed $1,000... $20 34 (2) Exceeds $1,000........................... $40 -28- LRB9206081TAtmam14 1 (f) Auxiliary Proceedings. 2 Any auxiliary proceeding relating to the 3 collection of a money judgment, including 4 garnishment, citation, or wage deduction action.... $5 5 (g) Forcible entry and detainer. 6 (1) For possession only or possession and 7 rent not in excess of $10,000...................... $10 8 (2) For possession and rent in excess of 9 $10,000............................................ $40 10 (h) Eminent Domain. 11 (1) Exercise of Eminent Domain............... $45 12 (2) For each and every lot or tract of land 13 or right or interest therein subject to be 14 condemned, the damages in respect to which shall 15 require separate assessments by a jury............. $45 16 (i) Reinstatement. 17 Each case including petition for modification 18 of a judgment or order of Court if filed later than 19 30 days after the entry of a judgment or order, 20 except in forcible entry and detainer cases and 21 small claims and except a petition to modify, 22 terminate, or enforce a judgement or order for 23 child or spousal support or to modify, suspend, or 24 terminate an order for withholding, petition to 25 vacate judgment of dismissal for want of 26 prosecution whenever filed, petition to reopen an 27 estate, or redocketing of any cause................ $20 28 (j) Probate. 29 (1) Administration of decedent's estates, 30 whether testate or intestate, guardianships of the 31 person or estate or both of a person under legal 32 disability, guardianships of the person or estate 33 or both of a minor or minors, or petitions to sell 34 real estate in the administration of any estate.... $50 -29- LRB9206081TAtmam14 1 (2) Small estates in cases where the real and 2 personal property of an estate does not exceed 3 $5,000............................................. $25 4 (3) At any time during the administration of 5 the estate, however, at the request of the Clerk, 6 the Court shall examine the record of the estate 7 and the personal representative to determine the 8 total value of the real and personal property of 9 the estate, and if such value exceeds $5,000 shall 10 order the payment of an additional fee in the 11 amount of.......................................... $40 12 (4) Inheritance tax proceedings.............. $15 13 (5) Issuing letters only for a certain 14 specific reason other than the administration of an 15 estate, including but not limited to the release of 16 mortgage; the issue of letters of guardianship in 17 order that consent to marriage may be granted or 18 for some other specific reason other than for the 19 care of property or person; proof of heirship 20 without administration; or when a will is to be 21 admitted to probate, but the estate is to be 22 settled without administration..................... $10 23 (6) When a separate complaint relating to any 24 matter other than a routine claim is filed in an 25 estate, the required additional fee shall be 26 charged for such filing............................ $45 27 (k) Change of Venue. 28 From a court, the charge is the same amount as 29 the original filing fee; however, the fee for 30 preparation and certification of record on change 31 of venue, when original documents or copies are 32 forwarded.......................................... $10 33 (l) Answer, adverse pleading, or appearance. 34 In civil cases................................ $15 -30- LRB9206081TAtmam14 1 With the following exceptions: 2 (1) When the amount does not exceed $500..... $5 3 (2) When amount exceeds $500 but not $10,000. $10 4 (3) When amount exceeds $10,000.............. $15 5 (4) Court appeals when documents are 6 forwarded, over 200 pages, additional fee per page 7 over 200........................................... 10¢ 8 (m) Tax objection complaints. 9 For each tax objection complaint containing 10 one or more tax objections, regardless of the 11 number of parcels involved or the number of 12 taxpayers joining the complaint.................... $10 13 (n) Tax deed. 14 (1) Petition for tax deed, if only one parcel 15 is involved........................................ $45 16 (2) For each additional parcel involved, an 17 additional fee of.................................. $10 18 (o) Mailing Notices and Processes. 19 (1) All notices that the clerk is required to 20 mail as first class mail........................... $2 21 (2) For all processes or notices the Clerk is 22 required to mail by certified or registered mail, 23 the fee will be $2 plus cost of postage. 24 (p) Certification or Authentication. 25 (1) Each certification or authentication for 26 taking the acknowledgement of a deed or other 27 instrument in writing with seal of office.......... $2 28 (2) Court appeals when original documents are 29 forwarded, 100 pages or under, plus delivery costs. $25 30 (3) Court appeals when original documents are 31 forwarded, over 100 pages, plus delivery costs..... $60 32 (4) Court appeals when original documents are 33 forwarded, over 200 pages, additional fee per page 34 over 200........................................... 10¢ -31- LRB9206081TAtmam14 1 (q) Reproductions. 2 Each record of proceedings and judgment, 3 whether on appeal, change of venue, certified 4 copies of orders and judgments, and all other 5 instruments, documents, records, or papers: 6 (1) First page.......................... $1 7 (2) Next 19 pages, per page............. 50¢ 8 (3) All remaining pages, per page....... 25¢ 9 (r) Counterclaim. 10 When any defendant files a counterclaim as 11 part of his or her answer or otherwise, or joins 12 another party as a third party defendant, or both, 13 he or she shall pay a fee for each such 14 counterclaim or third party action in an amount 15 equal to the fee he or she would have had to pay 16 had he or she brought a separate action for the 17 relief sought in the counterclaim or against the 18 third party defendant, less the amount of the 19 appearance fee, if that has been paid. 20 (s) Transcript of Judgment. 21 From a court, the same fee as if case 22 originally filed. 23 (t) Publications. 24 The cost of publication shall be paid directly 25 to the publisher by the person seeking the 26 publication, whether the clerk is required by law 27 to publish, or the parties to the action. 28 (u) Collections. 29 (1) For all collections made for others, 30 except the State and County and except in 31 maintenance or child support cases, a sum equal to 32 2% of the amount collected and turned over. 33 (2) In any cases remanded to the Circuit 34 Court from the Supreme Court or the Appellate -32- LRB9206081TAtmam14 1 Court, the Clerk shall file the remanding order and 2 reinstate the case with either its original number 3 or a new number. The Clerk shall not charge any 4 new or additional fee for the reinstatement. Upon 5 reinstatement the Clerk shall advise the parties of 6 the reinstatement. A party shall have the same 7 right to a jury trial on remand and reinstatement 8 as he or she had before the appeal, and no 9 additional or new fee or charge shall be made for a 10 jury trial after remand. 11 (3) In maintenance and child support matters, 12 the Clerk may deduct from each payment an amount 13 equal to the United States postage to be used in 14 mailing the maintenance or child support check to 15 the recipient. In such cases, the Clerk shall 16 collect an annual fee of up to $36 from the person 17 making such payment for maintaining child support 18 records and the processing of support orders to the 19 State of Illinois KIDS system and the recording of 20 payments issued by the State Disbursement Unit for 21 the official record of the Court. Such sum shall be 22 in addition to and separate from amounts ordered to 23 be paid as maintenance or child support and shall 24 be deposited in a separate Maintenance and Child 25 Support Collection Fund of which the Clerk shall be 26 the custodian, ex officio, to be used by the Clerk 27 to maintain child support orders and record all 28 payments issued by the State Disbursement Unit for 29 the official record of the Court. Unless paid in 30 cash or pursuant to an order for withholding, the 31 payment of the fee shall be by a separate 32 instrument from the support payment and shall be 33 made to the order of the Clerk. The Clerk may 34 recover from the person making the maintenance or -33- LRB9206081TAtmam14 1 child support payment any additional cost incurred 2 in the collection of this annual fee. 3 (4) Interest earned on any funds held by the 4 clerk shall be turned over to the county general 5 fund as an earning of the office. 6 The Clerk shall also be entitled to a fee of 7 $5 for certifications made to the Secretary of 8 State as provided in Section 7-703 of the Family 9 Financial Responsibility Law and these fees shall 10 also be deposited into the Separate Maintenance and 11 Child Support Collection Fund. 12 (v) Correction of Cases. 13 For correcting the case number or case title 14 on any document filed in his office, to be charged 15 against the party that filed the document.......... $10 16 (w) Record Search. 17 For searching a record, per year searched..... $4 18 (x) Printed Output. 19 For each page of hard copy print output, when 20 case records are maintained on an automated medium. $2 21 (y) Alias Summons. 22 For each alias summons issued................. $2 23 (z) Expungement of Records. 24 For each expungement petition filed........... $15 25 (aa) Other Fees. 26 Any fees not covered by this Section shall be set by 27 rule or administrative order of the Circuit Court, with 28 the approval of the Supreme Court. 29 (bb) Exemptions. 30 No fee provided for herein shall be charged to any 31 unit of State or local government or school district 32 unless the Court orders another party to pay such fee on 33 its behalf. The fee requirements of this Section shall 34 not apply to police departments or other law enforcement -34- LRB9206081TAtmam14 1 agencies. In this Section, "law enforcement agency" 2 means an agency of the State or a unit of local 3 government that is vested by law or ordinance with the 4 duty to maintain public order and to enforce criminal 5 laws and ordinances. The fee requirements of this Section 6 shall not apply to any action instituted under subsection 7 (b) of Section 11-31-1 of the Illinois Municipal Code by 8 a private owner or tenant of real property within 1200 9 feet of a dangerous or unsafe building seeking an order 10 compelling the owner or owners of the building to take 11 any of the actions authorized under that subsection. 12 (cc) Adoptions. 13 (1) For an adoption.............................$65 14 (2) Upon good cause shown, the court may waive the 15 adoption filing fee in a special needs adoption. The 16 term "special needs adoption" shall have the meaning 17 ascribed to it by the Illinois Department of Children and 18 Family Services. 19 (dd) Adoption exemptions. 20 No fee other than that set forth in subsection (cc) 21 shall be charged to any person in connection with an 22 adoption proceeding. 23 (ee) Additional Services. 24 Beginning July 1, 1993, the clerk of the circuit 25 court may provide such additional services for which 26 there is no fee specified by statute in connection with 27 the operation of the clerk's office as may be requested 28 by the public and agreed to by the public and by the 29 clerk and approved by the chief judge of the circuit 30 court. Any charges for additional services shall be as 31 agreed to between the clerk and the party making the 32 request and approved by the chief judge of the circuit 33 court. Nothing in this subsection shall be construed to 34 require any clerk to provide any service not otherwise -35- LRB9206081TAtmam14 1 required by law. 2 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 3 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 4 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.) 5 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 6 Sec. 27.1a. The fees of the clerks of the circuit court 7 in all counties having a population in excess of 180,000 but 8 not more than 650,000 inhabitants in the instances described 9 in this Section shall be as provided in this Section. 10 However, counties having a population of more than 180,000 11 inhabitants but not more than 650,000 inhabitants may by 12 resolution of the county board provide for increased fee 13 amounts up to the maximums listed in Section 27.2 of this 14 Act. The fees shall be paid in advance and in the absence of 15 such a county board resolution, shall be as follows: 16 (a) Civil Cases. 17 The fee for filing a complaint, petition, or other 18 pleading initiating a civil action, with the following 19 exceptions, shall be $150. 20 (A) When the amount of money or damages or the 21 value of personal property claimed does not exceed 22 $250, $10. 23 (B) When that amount exceeds $250 but does not 24 exceed $500, $20. 25 (C) When that amount exceeds $500 but does not 26 exceed $2500, $30. 27 (D) When that amount exceeds $2500 but does 28 not exceed $15,000, $75. 29 (E) For the exercise of eminent domain, $150. 30 For each additional lot or tract of land or right or 31 interest therein subject to be condemned, the 32 damages in respect to which shall require separate 33 assessment by a jury, $150. -36- LRB9206081TAtmam14 1 (a-1) Family. 2 For filing a petition under the Juvenile Court Act 3 of 1987, $25. 4 For filing a petition for a marriage license, $10. 5 For performing a marriage in court, $10. 6 For filing a petition under the Illinois Parentage 7 Act of 1984, $40. 8 (b) Forcible Entry and Detainer. 9 In each forcible entry and detainer case when the 10 plaintiff seeks possession only or unites with his or her 11 claim for possession of the property a claim for rent or 12 damages or both in the amount of $15,000 or less, $40. 13 When the plaintiff unites his or her claim for possession 14 with a claim for rent or damages or both exceeding 15 $15,000, $150. 16 (c) Counterclaim or Joining Third Party Defendant. 17 When any defendant files a counterclaim as part of 18 his or her answer or otherwise or joins another party as 19 a third party defendant, or both, the defendant shall pay 20 a fee for each counterclaim or third party action in an 21 amount equal to the fee he or she would have had to pay 22 had he or she brought a separate action for the relief 23 sought in the counterclaim or against the third party 24 defendant, less the amount of the appearance fee, if that 25 has been paid. 26 (d) Confession of Judgment. 27 In a confession of judgment when the amount does not 28 exceed $1500, $50. When the amount exceeds $1500, but 29 does not exceed $15,000, $115. When the amount exceeds 30 $15,000, $200. 31 (e) Appearance. 32 The fee for filing an appearance in each civil case 33 shall be $50, except as follows: 34 (A) When the plaintiff in a forcible entry and -37- LRB9206081TAtmam14 1 detainer case seeks possession only, $20. 2 (B) When the amount in the case does not 3 exceed $1500, $20. 4 (C) When that amount exceeds $1500 but does 5 not exceed $15,000, $40. 6 (f) Garnishment, Wage Deduction, and Citation. 7 In garnishment affidavit, wage deduction affidavit, 8 and citation petition when the amount does not exceed 9 $1,000, $10; when the amount exceeds $1,000 but does not 10 exceed $5,000, $20; and when the amount exceeds $5,000, 11 $30. 12 (g) Petition to Vacate or Modify. 13 (1) Petition to vacate or modify any final judgment 14 or order of court, except in forcible entry and detainer 15 cases and small claims cases or a petition to reopen an 16 estate, to modify, terminate, or enforce a judgment or 17 order for child or spousal support, or to modify, 18 suspend, or terminate an order for withholding, if filed 19 before 30 days after the entry of the judgment or order, 20 $40. 21 (2) Petition to vacate or modify any final judgment 22 or order of court, except a petition to modify, 23 terminate, or enforce a judgment or order for child or 24 spousal support or to modify, suspend, or terminate an 25 order for withholding, if filed later than 30 days after 26 the entry of the judgment or order, $60. 27 (3) Petition to vacate order of bond forfeiture, 28 $20. 29 (h) Mailing. 30 When the clerk is required to mail, the fee will be 31 $6, plus the cost of postage. 32 (i) Certified Copies. 33 Each certified copy of a judgment after the first, 34 except in small claims and forcible entry and detainer -38- LRB9206081TAtmam14 1 cases, $10. 2 (j) Habeas Corpus. 3 For filing a petition for relief by habeas corpus, 4 $80. 5 (k) Certification, Authentication, and Reproduction. 6 (1) Each certification or authentication for taking 7 the acknowledgment of a deed or other instrument in 8 writing with the seal of office, $4. 9 (2) Court appeals when original documents are 10 forwarded, under 100 pages, plus delivery and costs, $50. 11 (3) Court appeals when original documents are 12 forwarded, over 100 pages, plus delivery and costs, $120. 13 (4) Court appeals when original documents are 14 forwarded, over 200 pages, an additional fee of 20 cents 15 per page. 16 (5) For reproduction of any document contained in 17 the clerk's files: 18 (A) First page, $2. 19 (B) Next 19 pages, 50 cents per page. 20 (C) All remaining pages, 25 cents per page. 21 (l) Remands. 22 In any cases remanded to the Circuit Court from the 23 Supreme Court or the Appellate Court for a new trial, the 24 clerk shall file the remanding order and reinstate the 25 case with either its original number or a new number. The 26 Clerk shall not charge any new or additional fee for the 27 reinstatement. Upon reinstatement the Clerk shall advise 28 the parties of the reinstatement. A party shall have the 29 same right to a jury trial on remand and reinstatement as 30 he or she had before the appeal, and no additional or new 31 fee or charge shall be made for a jury trial after 32 remand. 33 (m) Record Search. 34 For each record search, within a division or -39- LRB9206081TAtmam14 1 municipal district, the clerk shall be entitled to a 2 search fee of $4 for each year searched. 3 (n) Hard Copy. 4 For each page of hard copy print output, when case 5 records are maintained on an automated medium, the clerk 6 shall be entitled to a fee of $4. 7 (o) Index Inquiry and Other Records. 8 No fee shall be charged for a single 9 plaintiff/defendant index inquiry or single case record 10 inquiry when this request is made in person and the 11 records are maintained in a current automated medium, and 12 when no hard copy print output is requested. The fees to 13 be charged for management records, multiple case records, 14 and multiple journal records may be specified by the 15 Chief Judge pursuant to the guidelines for access and 16 dissemination of information approved by the Supreme 17 Court. 18 (p) Commitment Petitions. 19 For filing commitment petitions under the Mental 20 Health and Developmental Disabilities Code and for filing 21 a transcript of commitment proceedings held in another 22 county, $25. 23 (q) Alias Summons. 24 For each alias summons or citation issued by the 25 clerk, $4. 26 (r) Other Fees. 27 Any fees not covered in this Section shall be set by 28 rule or administrative order of the Circuit Court with 29 the approval of the Administrative Office of the Illinois 30 Courts. 31 The clerk of the circuit court may provide 32 additional services for which there is no fee specified 33 by statute in connection with the operation of the 34 clerk's office as may be requested by the public and -40- LRB9206081TAtmam14 1 agreed to by the clerk and approved by the chief judge of 2 the circuit court. Any charges for additional services 3 shall be as agreed to between the clerk and the party 4 making the request and approved by the chief judge of the 5 circuit court. Nothing in this subsection shall be 6 construed to require any clerk to provide any service not 7 otherwise required by law. 8 (s) Jury Services. 9 The clerk shall be entitled to receive, in addition 10 to other fees allowed by law, the sum of $192.50, as a 11 fee for the services of a jury in every civil action not 12 quasi-criminal in its nature and not a proceeding for the 13 exercise of the right of eminent domain and in every 14 other action wherein the right of trial by jury is or may 15 be given by law. The jury fee shall be paid by the party 16 demanding a jury at the time of filing the jury demand. 17 If the fee is not paid by either party, no jury shall be 18 called in the action or proceeding, and the same shall be 19 tried by the court without a jury. 20 (t) Voluntary Assignment. 21 For filing each deed of voluntary assignment, $10; 22 for recording the same, 25¢ for each 100 words. 23 Exceptions filed to claims presented to an assignee of a 24 debtor who has made a voluntary assignment for the 25 benefit of creditors shall be considered and treated, for 26 the purpose of taxing costs therein, as actions in which 27 the party or parties filing the exceptions shall be 28 considered as party or parties plaintiff, and the 29 claimant or claimants as party or parties defendant, and 30 those parties respectively shall pay to the clerk the 31 same fees as provided by this Section to be paid in other 32 actions. 33 (u) Expungement Petition. 34 The clerk shall be entitled to receive a fee of $30 -41- LRB9206081TAtmam14 1 for each expungement petition filed and an additional fee 2 of $2 for each certified copy of an order to expunge 3 arrest records. 4 (v) Probate. 5 The clerk is entitled to receive the fees specified in 6 this subsection (v), which shall be paid in advance, except 7 that, for good cause shown, the court may suspend, reduce, or 8 release the costs payable under this subsection: 9 (1) For administration of the estate of a decedent 10 (whether testate or intestate) or of a missing person, 11 $100, plus the fees specified in subsection (v)(3), 12 except: 13 (A) When the value of the real and personal 14 property does not exceed $15,000, the fee shall be 15 $25. 16 (B) When (i) proof of heirship alone is made, 17 (ii) a domestic or foreign will is admitted to 18 probate without administration (including proof of 19 heirship), or (iii) letters of office are issued for 20 a particular purpose without administration of the 21 estate, the fee shall be $25. 22 (2) For administration of the estate of a ward, 23 $50, plus the fees specified in subsection (v)(3), 24 except: 25 (A) When the value of the real and personal 26 property does not exceed $15,000, the fee shall be 27 $25. 28 (B) When (i) letters of office are issued to a 29 guardian of the person or persons, but not of the 30 estate or (ii) letters of office are issued in the 31 estate of a ward without administration of the 32 estate, including filing or joining in the filing of 33 a tax return or releasing a mortgage or consenting 34 to the marriage of the ward, the fee shall be $10. -42- LRB9206081TAtmam14 1 (3) In addition to the fees payable under 2 subsection (v)(1) or (v)(2) of this Section, the 3 following fees are payable: 4 (A) For each account (other than one final 5 account) filed in the estate of a decedent, or ward, 6 $15. 7 (B) For filing a claim in an estate when the 8 amount claimed is $150 or more but less than $500, 9 $10; when the amount claimed is $500 or more but 10 less than $10,000, $25; when the amount claimed is 11 $10,000 or more, $40; provided that the court in 12 allowing a claim may add to the amount allowed the 13 filing fee paid by the claimant. 14 (C) For filing in an estate a claim, petition, 15 or supplemental proceeding based upon an action 16 seeking equitable relief including the construction 17 or contest of a will, enforcement of a contract to 18 make a will, and proceedings involving testamentary 19 trusts or the appointment of testamentary trustees, 20 $40. 21 (D) For filing in an estate (i) the appearance 22 of any person for the purpose of consent or (ii) the 23 appearance of an executor, administrator, 24 administrator to collect, guardian, guardian ad 25 litem, or special administrator, no fee. 26 (E) Except as provided in subsection 27 (v)(3)(D), for filing the appearance of any person 28 or persons, $10. 29 (F) For each jury demand, $102.50. 30 (G) For disposition of the collection of a 31 judgment or settlement of an action or claim for 32 wrongful death of a decedent or of any cause of 33 action of a ward, when there is no other 34 administration of the estate, $30, less any amount -43- LRB9206081TAtmam14 1 paid under subsection (v)(1)(B) or (v)(2)(B) except 2 that if the amount involved does not exceed $5,000, 3 the fee, including any amount paid under subsection 4 (v)(1)(B) or (v)(2)(B), shall be $10. 5 (H) For each certified copy of letters of 6 office, of court order or other certification, $1, 7 plus 50¢ per page in excess of 3 pages for the 8 document certified. 9 (I) For each exemplification, $1, plus the fee 10 for certification. 11 (4) The executor, administrator, guardian, 12 petitioner, or other interested person or his or her 13 attorney shall pay the cost of publication by the clerk 14 directly to the newspaper. 15 (5) The person on whose behalf a charge is incurred 16 for witness, court reporter, appraiser, or other 17 miscellaneous fee shall pay the same directly to the 18 person entitled thereto. 19 (6) The executor, administrator, guardian, 20 petitioner, or other interested person or his or her 21 attorney shall pay to the clerk all postage charges 22 incurred by the clerk in mailing petitions, orders, 23 notices, or other documents pursuant to the provisions of 24 the Probate Act of 1975. 25 (w) Criminal and Quasi-Criminal Costs and Fees. 26 (1) The clerk shall be entitled to costs in all 27 criminal and quasi-criminal cases from each person 28 convicted or sentenced to supervision therein as follows: 29 (A) Felony complaints, $80. 30 (B) Misdemeanor complaints, $50. 31 (C) Business offense complaints, $50. 32 (D) Petty offense complaints, $50. 33 (E) Minor traffic or ordinance violations, 34 $20. -44- LRB9206081TAtmam14 1 (F) When court appearance required, $30. 2 (G) Motions to vacate or amend final orders, 3 $20. 4 (H) Motions to vacate bond forfeiture orders, 5 $20. 6 (I) Motions to vacate ex parte judgments, 7 whenever filed, $20. 8 (J) Motions to vacate judgment on forfeitures, 9 whenever filed, $20. 10 (K) Motions to vacate "failure to appear" or 11 "failure to comply" notices sent to the Secretary of 12 State, $20. 13 (2) In counties having a population in excess of 14 180,000 but not more than 650,000 inhabitants, when the 15 violation complaint is issued by a municipal police 16 department, the clerk shall be entitled to costs from 17 each person convicted therein as follows: 18 (A) Minor traffic or ordinance violations, 19 $10. 20 (B) When court appearance required, $15. 21 (3) In ordinance violation cases punishable by fine 22 only, the clerk of the circuit court shall be entitled to 23 receive, unless the fee is excused upon a finding by the 24 court that the defendant is indigent, in addition to 25 other fees or costs allowed or imposed by law, the sum of 26 $62.50 as a fee for the services of a jury. The jury fee 27 shall be paid by the defendant at the time of filing his 28 or her jury demand. If the fee is not so paid by the 29 defendant, no jury shall be called, and the case shall be 30 tried by the court without a jury. 31 (x) Transcripts of Judgment. 32 For the filing of a transcript of judgment, the 33 clerk shall be entitled to the same fee as if it were the 34 commencement of a new suit. -45- LRB9206081TAtmam14 1 (y) Change of Venue. 2 (1) For the filing of a change of case on a change 3 of venue, the clerk shall be entitled to the same fee as 4 if it were the commencement of a new suit. 5 (2) The fee for the preparation and certification 6 of a record on a change of venue to another jurisdiction, 7 when original documents are forwarded, $25. 8 (z) Tax objection complaints. 9 For each tax objection complaint containing one or 10 more tax objections, regardless of the number of parcels 11 involved or the number of taxpayers joining on the 12 complaint, $25. 13 (aa) Tax Deeds. 14 (1) Petition for tax deed, if only one parcel is 15 involved, $150. 16 (2) For each additional parcel, add a fee of $50. 17 (bb) Collections. 18 (1) For all collections made of others, except the 19 State and county and except in maintenance or child 20 support cases, a sum equal to 2.5% of the amount 21 collected and turned over. 22 (2) Interest earned on any funds held by the clerk 23 shall be turned over to the county general fund as an 24 earning of the office. 25 (3) For any check, draft, or other bank instrument 26 returned to the clerk for non-sufficient funds, account 27 closed, or payment stopped, $25. 28 (4) In child support and maintenance cases, the 29 clerk, if authorized by an ordinance of the county board, 30 may collect an annual fee of up to $36 from the person 31 making payment for maintaining child support records and 32 the processing of support orders to the State of Illinois 33 KIDS system and the recording of payments issued by the 34 State Disbursement Unit for the official record of the -46- LRB9206081TAtmam14 1 Court. This fee shall be in addition to and separate 2 from amounts ordered to be paid as maintenance or child 3 support and shall be deposited into a Separate 4 Maintenance and Child Support Collection Fund, of which 5 the clerk shall be the custodian, ex-officio, to be used 6 by the clerk to maintain child support orders and record 7 all payments issued by the State Disbursement Unit for 8 the official record of the Court. The clerk may recover 9 from the person making the maintenance or child support 10 payment any additional cost incurred in the collection 11 of this annual fee. 12 The clerk shall also be entitled to a fee of $5 for 13 certifications made to the Secretary of State as provided 14 in Section 7-703 of the Family Financial Responsibility 15 Law and these fees shall also be deposited into the 16 Separate Maintenance and Child Support Collection Fund. 17 (cc) Corrections of Numbers. 18 For correction of the case number, case title, or 19 attorney computer identification number, if required by 20 rule of court, on any document filed in the clerk's 21 office, to be charged against the party that filed the 22 document, $15. 23 (dd) Exceptions. 24 (1) The fee requirements of this Section shall not 25 apply to police departments or other law enforcement 26 agencies. In this Section, "law enforcement agency" 27 means an agency of the State or a unit of local 28 government which is vested by law or ordinance with the 29 duty to maintain public order and to enforce criminal 30 laws or ordinances. "Law enforcement agency" also means 31 the Attorney General or any state's attorney. 32 (2) No fee provided herein shall be charged to any 33 unit of local government or school district. 34 (3) The fee requirements of this Section shall not -47- LRB9206081TAtmam14 1 apply to any action instituted under subsection (b) of 2 Section 11-31-1 of the Illinois Municipal Code by a 3 private owner or tenant of real property within 1200 feet 4 of a dangerous or unsafe building seeking an order 5 compelling the owner or owners of the building to take 6 any of the actions authorized under that subsection. 7 (ee) Adoptions. 8 (1) For an adoption.............................$65 9 (2) Upon good cause shown, the court may waive the 10 adoption filing fee in a special needs adoption. The 11 term "special needs adoption" shall have the meaning 12 ascribed to it by the Illinois Department of Children and 13 Family Services. 14 (ff) Adoption exemptions. 15 No fee other than that set forth in subsection (ee) 16 shall be charged to any person in connection with an 17 adoption proceeding. 18 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 19 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) 20 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 21 Sec. 27.2. The fees of the clerks of the circuit court 22 in all counties having a population in excess of 650,000 23 inhabitants but less than 3,000,000 inhabitants in the 24 instances described in this Section shall be as provided in 25 this Section. In those instances where a minimum and maximum 26 fee is stated, counties with more than 650,000 inhabitants 27 but less than 3,000,000 inhabitants must charge the minimum 28 fee listed in this Section and may charge up to the maximum 29 fee if the county board has by resolution increased the fee. 30 In addition, the minimum fees authorizedprovidedin this 31 Section shall apply to all units of local government and 32 school districts in counties with more than 3,000,000 33 inhabitants. The fees shall be paid in advance and shall be -48- LRB9206081TAtmam14 1 as follows: 2 (a) Civil Cases. 3 The fee for filing a complaint, petition, or other 4 pleading initiating a civil action, with the following 5 exceptions, shall be a minimum of $150 and a maximum of 6 $190. 7 (A) When the amount of money or damages or the 8 value of personal property claimed does not exceed 9 $250, a minimum of $10 and a maximum of $15. 10 (B) When that amount exceeds $250 but does not 11 exceed $1,000$500, a minimum of $20 and a maximum 12 of $40. 13 (C) When that amount exceeds $1,000$500but 14 does not exceed $2500, a minimum of $30 and a 15 maximum of $50. 16 (D) When that amount exceeds $2500 but does 17 not exceed $5,000$15,000, a minimum of $75 and a 18 maximum of $100. 19 (D-5) When the amount exceeds $5,000 but does 20 not exceed $15,000, a minimum of $75 and a maximum 21 of $150. 22 (E) For the exercise of eminent domain, $150. 23 For each additional lot or tract of land or right or 24 interest therein subject to be condemned, the 25 damages in respect to which shall require separate 26 assessment by a jury, $150. 27 (b) Forcible Entry and Detainer. 28 In each forcible entry and detainer case when the 29 plaintiff seeks possession only or unites with his or her 30 claim for possession of the property a claim for rent or 31 damages or both in the amount of $15,000 or less, a 32 minimum of $40 and a maximum of $75. When the plaintiff 33 unites his or her claim for possession with a claim for 34 rent or damages or both exceeding $15,000, a minimum of -49- LRB9206081TAtmam14 1 $150 and a maximum of $225. 2 (c) Counterclaim or Joining Third Party Defendant. 3 When any defendant files a counterclaim as part of 4 his or her answer or otherwise or joins another party as 5 a third party defendant, or both, the defendant shall pay 6 a fee for each counterclaim or third party action in an 7 amount equal to the fee he or she would have had to pay 8 had he or she brought a separate action for the relief 9 sought in the counterclaim or against the third party 10 defendant, less the amount of the appearance fee, if that 11 has been paid. 12 (d) Confession of Judgment. 13 In a confession of judgment when the amount does not 14 exceed $1500, a minimum of $50 and a maximum of $60. When 15 the amount exceeds $1500, but does not exceed $5,000 16$15,000, $75$115. When the amount exceeds $5,000, but 17 does not exceed $15,000, $175. When the amount exceeds 18 $15,000, a minimum of $200 and a maximum of $250. 19 (e) Appearance. 20 The fee for filing an appearance in each civil case 21 shall be a minimum of $50 and a maximum of $75, except as 22 follows: 23 (A) When the plaintiff in a forcible entry and 24 detainer case seeks possession only,;a minimum of 25 $20 and a maximum of $40. 26 (B) When the amount in the case does not 27 exceed $1500, a minimum of $20 and a maximum of $40. 28 (C) When thethatamount in the case exceeds 29 $1500 but does not exceed $15,000, a minimum of $40 30 and a maximum of $60. 31 (f) Garnishment, Wage Deduction, and Citation. 32 In garnishment affidavit, wage deduction affidavit, 33 and citation petition when the amount does not exceed 34 $1,000, a minimum of $10 and a maximum of $15; when the -50- LRB9206081TAtmam14 1 amount exceeds $1,000 but does not exceed $5,000, a 2 minimum of $20 and a maximum of $30; and when the amount 3 exceeds $5,000, a minimum of $30 and a maximum of $50. 4 (g) Petition to Vacate or Modify. 5 (1) Petition to vacate or modify any final judgment 6 or order of court, except in forcible entry and detainer 7 cases and small claims cases or a petition to reopen an 8 estate, to modify, terminate, or enforce a judgment or 9 order for child or spousal support, or to modify, 10 suspend, or terminate an order for withholding, if filed 11 before 30 days after the entry of the judgment or order, 12 a minimum of $40 and a maximum of $50. 13 (2) Petition to vacate or modify any final judgment 14 or order of court, except a petition to modify, 15 terminate, or enforce a judgment or order for child or 16 spousal support or to modify, suspend, or terminate an 17 order for withholding, if filed later than 30 days after 18 the entry of the judgment or order, a minimum of $60 and 19 a maximum of $75. 20 (3) Petition to vacate order of bond forfeiture, a 21 minimum of $20 and a maximum of $40. 22 (h) Mailing. 23 When the clerk is required to mail, the fee will be 24 a minimum of $6 and a maximum of $10, plus the cost of 25 postage. 26 (i) Certified Copies. 27 Each certified copy of a judgment after the first, 28 except in small claims and forcible entry and detainer 29 cases, a minimum of $10 and a maximum of $15. 30 (j) Habeas Corpus. 31 For filing a petition for relief by habeas corpus, a 32 minimum of $80 and a maximum of $125. 33 (k) Certification, Authentication, and Reproduction. 34 (1) Each certification or authentication for taking -51- LRB9206081TAtmam14 1 the acknowledgment of a deed or other instrument in 2 writing with the seal of office, a minimum of $4 and a 3 maximum of $6. 4 (2) Court appeals when original documents are 5 forwarded, under 100 pages, plus delivery and costs, a 6 minimum of $50 and a maximum of $75. 7 (3) Court appeals when original documents are 8 forwarded, over 100 pages, plus delivery and costs, a 9 minimum of $120 and a maximum of $150. 10 (4) Court appeals when original documents are 11 forwarded, over 200 pages, an additional fee of a minimum 12 of 20 and a maximum of 25 cents per page. 13 (5) For reproduction of any document contained in 14 the clerk's files: 15 (A) First page, $2. 16 (B) Next 19 pages, 50 cents per page. 17 (C) All remaining pages, 25 cents per page. 18 (l) Remands. 19 In any cases remanded to the Circuit Court from the 20 Supreme Court or the Appellate Court for a new trial, the 21 clerk shall file the remanding order and reinstate the 22 case with either its original number or a new number. 23 The Clerk shall not charge any new or additional fee for 24 the reinstatement. Upon reinstatement the Clerk shall 25 advise the parties of the reinstatement. A party shall 26 have the same right to a jury trial on remand and 27 reinstatement as he or she had before the appeal, and no 28 additional or new fee or charge shall be made for a jury 29 trial after remand. 30 (m) Record Search. 31 For each record search, within a division or 32 municipal district, the clerk shall be entitled to a 33 search fee of a minimum of $4 and a maximum of $6 for 34 each year searched. -52- LRB9206081TAtmam14 1 (n) Hard Copy. 2 For each page of hard copy print output, when case 3 records are maintained on an automated medium, the clerk 4 shall be entitled to a fee of a minimum of $4 and a 5 maximum of $6. 6 (o) Index Inquiry and Other Records. 7 No fee shall be charged for a single 8 plaintiff/defendant index inquiry or single case record 9 inquiry when this request is made in person and the 10 records are maintained in a current automated medium, and 11 when no hard copy print output is requested. The fees to 12 be charged for management records, multiple case records, 13 and multiple journal records may be specified by the 14 Chief Judge pursuant to the guidelines for access and 15 dissemination of information approved by the Supreme 16 Court. 17 (p) Commitment Petitions. 18 For filing commitment petitions under the Mental 19 Health and Developmental Disabilities Code, a minimum of 20 $25 and a maximum of $50. 21 (q) Alias Summons. 22 For each alias summons or citation issued by the 23 clerk, a minimum of $4 and a maximum of $5. 24 (r) Other Fees. 25 Any fees not covered in this Section shall be set by 26 rule or administrative order of the Circuit Court with 27 the approval of the Administrative Office of the Illinois 28 Courts. 29 The clerk of the circuit court may provide 30 additional services for which there is no fee specified 31 by statute in connection with the operation of the 32 clerk's office as may be requested by the public and 33 agreed to by the clerk and approved by the chief judge of 34 the circuit court. Any charges for additional services -53- LRB9206081TAtmam14 1 shall be as agreed to between the clerk and the party 2 making the request and approved by the chief judge of the 3 circuit court. Nothing in this subsection shall be 4 construed to require any clerk to provide any service not 5 otherwise required by law. 6 (s) Jury Services. 7 The clerk shall be entitled to receive, in addition 8 to other fees allowed by law, the sum of a minimum of 9 $192.50 and a maximum of $212.50, as a fee for the 10 services of a jury in every civil action not 11 quasi-criminal in its nature and not a proceeding for the 12 exercise of the right of eminent domain and in every 13 other action wherein the right of trial by jury is or may 14 be given by law. The jury fee shall be paid by the party 15 demanding a jury at the time of filing the jury demand. 16 If the fee is not paid by either party, no jury shall be 17 called in the action or proceeding, and the same shall be 18 tried by the court without a jury. 19 (t) Voluntary Assignment. 20 For filing each deed of voluntary assignment, a 21 minimum of $10 and a maximum of $20; for recording the 22 same, a minimum of 25¢ and a maximum of $0.50 for each 23 100 words. Exceptions filed to claims presented to an 24 assignee of a debtor who has made a voluntary assignment 25 for the benefit of creditors shall be considered and 26 treated, for the purpose of taxing costs therein, as 27 actions in which the party or parties filing the 28 exceptions shall be considered as party or parties 29 plaintiff, and the claimant or claimants as party or 30 parties defendant, and those parties respectively shall 31 pay to the clerk the same fees as provided by this 32 Section to be paid in other actions. 33 (u) Expungement Petition. 34 The clerk shall be entitled to receive a fee of a -54- LRB9206081TAtmam14 1 minimum of $30 and a maximum of $60 for each expungement 2 petition filed and an additional fee of a minimum of $2 3 and a maximum of $4 for each certified copy of an order 4 to expunge 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, a 12 minimum of $100 and a maximum of $150, plus the fees 13 specified in subsection (v)(3), except: 14 (A) When the value of the real and personal 15 property does not exceed $15,000, the fee shall be a 16 minimum of $25 and a maximum of $40. 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 a minimum of $25 and a 23 maximum of $40. 24 (2) For administration of the estate of a ward, a 25 minimum of $50 and a maximum of $75, plus the fees 26 specified in subsection (v)(3), except: 27 (A) When the value of the real and personal 28 property does not exceed $15,000, the fee shall be a 29 minimum of $25 and a maximum of $40. 30 (B) When (i) letters of office are issued to a 31 guardian of the person or persons, but not of the 32 estate or (ii) letters of office are issued in the 33 estate of a ward without administration of the 34 estate, including filing or joining in the filing of -55- LRB9206081TAtmam14 1 a tax return or releasing a mortgage or consenting 2 to the marriage of the ward, the fee shall be a 3 minimum of $10 and a maximum of $20. 4 (3) In addition to the fees payable under 5 subsection (v)(1) or (v)(2) of this Section, the 6 following fees are payable: 7 (A) For each account (other than one final 8 account) filed in the estate of a decedent, or ward, 9 a minimum of $15 and a maximum of $25. 10 (B) For filing a claim in an estate when the 11 amount claimed is $150 or more but less than $500, a 12 minimum of $10 and a maximum of $20; when the amount 13 claimed is $500 or more but less than $10,000, a 14 minimum of $25 and a maximum of $40; when the amount 15 claimed is $10,000 or more, a minimum of $40 and a 16 maximum of $60; provided that the court in allowing 17 a claim may add to the amount allowed the filing fee 18 paid by the claimant. 19 (C) For filing in an estate a claim, petition, 20 or supplemental proceeding based upon an action 21 seeking equitable relief including the construction 22 or contest of a will, enforcement of a contract to 23 make a will, and proceedings involving testamentary 24 trusts or the appointment of testamentary trustees, 25 a minimum of $40 and a maximum of $60. 26 (D) For filing in an estate (i) the appearance 27 of any person for the purpose of consent or (ii) the 28 appearance of an executor, administrator, 29 administrator to collect, guardian, guardian ad 30 litem, or special administrator, no fee. 31 (E) Except as provided in subsection 32 (v)(3)(D), for filing the appearance of any person 33 or persons, a minimum of $10 and a maximum of $30. 34 (F) For each jury demand, a minimum of $102.50 -56- LRB9206081TAtmam14 1 and a maximum of $137.50. 2 (G) For disposition of the collection of a 3 judgment or settlement of an action or claim for 4 wrongful death of a decedent or of any cause of 5 action of a ward, when there is no other 6 administration of the estate, a minimum of $30 and a 7 maximum of $50, less any amount paid under 8 subsection (v)(1)(B) or (v)(2)(B) except that if the 9 amount involved does not exceed $5,000, the fee, 10 including any amount paid under subsection (v)(1)(B) 11 or (v)(2)(B), shall be a minimum of $10 and a 12 maximum of $20. 13 (H) For each certified copy of letters of 14 office, of court order or other certification, a 15 minimum of $1 and a maximum of $2, plus a minimum of 16 50¢ and a maximum of $1 per page in excess of 3 17 pages for the document certified. 18 (I) For each exemplification, a minimum of $1 19 and a maximum of $2, plus the fee for certification. 20 (4) The executor, administrator, guardian, 21 petitioner, or other interested person or his or her 22 attorney shall pay the cost of publication by the clerk 23 directly to the newspaper. 24 (5) The person on whose behalf a charge is incurred 25 for witness, court reporter, appraiser, or other 26 miscellaneous fee shall pay the same directly to the 27 person entitled thereto. 28 (6) The executor, administrator, guardian, 29 petitioner, or other interested person or his attorney 30 shall pay to the clerk all postage charges incurred by 31 the clerk in mailing petitions, orders, notices, or other 32 documents pursuant to the provisions of the Probate Act 33 of 1975. 34 (w) Criminal and Quasi-Criminal Costs and Fees. -57- LRB9206081TAtmam14 1 (1) The clerk shall be entitled to costs in all 2 criminal and quasi-criminal cases from each person 3 convicted or sentenced to supervision therein as follows: 4 (A) Felony complaints, a minimum of $80 and a 5 maximum of $125. 6 (B) Misdemeanor complaints, a minimum of $50 7 and a maximum of $75. 8 (C) Business offense complaints, a minimum of 9 $50 and a maximum of $75. 10 (D) Petty offense complaints, a minimum of $50 11 and a maximum of $75. 12 (E) Minor traffic or ordinance violations, 13 $20. 14 (F) When court appearance required, $30. 15 (G) Motions to vacate or amend final orders, a 16 minimum of $20 and a maximum of $40. 17 (H) Motions to vacate bond forfeiture orders, 18 a minimum of $20 and a maximum of $30. 19 (I) Motions to vacate ex parte judgments, 20 whenever filed, a minimum of $20 and a maximum of 21 $30. 22 (J) Motions to vacate judgment on forfeitures, 23 whenever filed, a minimum of $20 and a maximum of 24 $25. 25 (K) Motions to vacate "failure to appear" or 26 "failure to comply" notices sent to the Secretary of 27 State, a minimum of $20 and a maximum of $40. 28 (2) In counties having a population of more than 29 650,000 but fewer than 3,000,000 inhabitants, when the 30 violation complaint is issued by a municipal police 31 department, the clerk shall be entitled to costs from 32 each person convicted therein as follows: 33 (A) Minor traffic or ordinance violations, 34 $10. -58- LRB9206081TAtmam14 1 (B) When court appearance required, $15. 2 (3) In ordinance violation cases punishable by fine 3 only, the clerk of the circuit court shall be entitled to 4 receive, unless the fee is excused upon a finding by the 5 court that the defendant is indigent, in addition to 6 other fees or costs allowed or imposed by law, the sum of 7 a minimum of $50 and a maximum of $112.50 as a fee for 8 the services of a jury. The jury fee shall be paid by 9 the defendant at the time of filing his or her jury 10 demand. If the fee is not so paid by the defendant, no 11 jury shall be called, and the case shall be tried by the 12 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 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, a minimum of $25 24 and a maximum of $40. 25 (z) Tax objection complaints. 26 For each tax objection complaint containing one or 27 more tax objections, regardless of the number of parcels 28 involved pertaining to the same taxpayeror the number of29taxpayers joining in the complaint, a minimum of $25 and 30 a maximum of $50. 31 (aa) Tax Deeds. 32 (1) Petition for tax deed, if only one parcel is 33 involved, a minimum of $150 and a maximum of $250. 34 (2) For each additional parcel, add a fee of a -59- LRB9206081TAtmam14 1 minimum of $50 and a maximum of $100. 2 (bb) Collections. 3 (1) For all collections made of others, except the 4 State and county and except in maintenance or child 5 support cases, a sum equal to a minimum of 2.5% and a 6 maximum of 3.0% of the amount collected and turned over. 7 (2) Interest earned on any funds held by the clerk 8 shall be turned over to the county general fund as an 9 earning of the office. 10 (3) For any check, draft, or other bank instrument 11 returned to the clerk for non-sufficient funds, account 12 closed, or payment stopped, $25. 13 (4) In child support and maintenance cases, the 14 clerk, if authorized by an ordinance of the county board, 15 may collect an annual fee of up to $36 from the person 16 making payment for maintaining child support records and 17 the processing of support orders to the State of Illinois 18 KIDS system and the recording of payments issued by the 19 State Disbursement Unit for the official record of the 20 Court. This fee shall be in addition to and separate from 21 amounts ordered to be paid as maintenance or child 22 support and shall be deposited into a Separate 23 Maintenance and Child Support Collection Fund, of which 24 the clerk shall be the custodian, ex-officio, to be used 25 by the clerk to maintain child support orders and record 26 all payments issued by the State Disbursement Unit for 27 the official record of the Court. The clerk may recover 28 from the person making the maintenance or child support 29 payment any additional cost incurred in the collection of 30 this annual fee. 31 The clerk shall also be entitled to a fee of $5 for 32 certifications made to the Secretary of State as provided 33 in Section 7-703 of the Family Financial Responsibility 34 Law and these fees shall also be deposited into the -60- LRB9206081TAtmam14 1 Separate Maintenance and Child Support Collection Fund. 2 (cc) Corrections of Numbers. 3 For correction of the case number, case title, or 4 attorney computer identification number, if required by 5 rule of court, on any document filed in the clerk's 6 office, to be charged against the party that filed the 7 document, a minimum of $15 and a maximum of $25. 8 (dd) Exceptions. 9 The fee requirements of this Section shall not apply 10 to police departments or other law enforcement agencies. 11 In this Section, "law enforcement agency" means an agency 12 of the State or a unit of local government which is 13 vested by law or ordinance with the duty to maintain 14 public order and to enforce criminal laws or ordinances. 15 "Law enforcement agency" also means the Attorney General 16 or any state's attorney. The fee requirements of this 17 Section shall not apply to any action instituted under 18 subsection (b) of Section 11-31-1 of the Illinois 19 Municipal Code by a private owner or tenant of real 20 property within 1200 feet of a dangerous or unsafe 21 building seeking an order compelling the owner or owners 22 of the building to take any of the actions authorized 23 under that subsection. 24 (ee) Adoptions. 25 (1) For an adoption.............................$65 26 (2) Upon good cause shown, the court may waive the 27 adoption filing fee in a special needs adoption. The 28 term "special needs adoption" shall have the meaning 29 ascribed to it by the Illinois Department of Children and 30 Family Services. 31 (ff) Adoption exemptions. 32 No fee other than that set forth in subsection (ee) 33 shall be charged to any person in connection with an 34 adoption proceeding. -61- LRB9206081TAtmam14 1 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 2 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) 3 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 4 Sec. 27.2a. The fees of the clerks of the circuit court 5 in all counties having a population of 3,000,000 or more 6 inhabitants in the instances described in this Section shall 7 be as provided in this Section. In those instances where a 8 minimum and maximum fee is stated, the clerk of the circuit 9 court must charge the minimum fee listed and may charge up to 10 the maximum fee if the county board has by resolution 11 increased the fee. The fees shall be paid in advance and 12 shall be as follows: 13 (a) Civil Cases. 14 The fee for filing a complaint, petition, or other 15 pleading initiating a civil action, with the following 16 exceptions, shall be a minimum of $190 and a maximum of 17 $240. 18 (A) When the amount of money or damages or the 19 value of personal property claimed does not exceed 20 $250, a minimum of $15 and a maximum of $22. 21 (B) When that amount exceeds $250 but does not 22 exceed $1000, a minimum of $40 and a maximum of $75. 23 (C) When that amount exceeds $1000 but does 24 not exceed $2500, a minimum of $50 and a maximum of 25 $80. 26 (D) When that amount exceeds $2500 but does 27 not exceed $5000, a minimum of $100 and a maximum of 28 $130. 29 (E) When that amount exceeds $5000 but does 30 not exceed $15,000, $150. 31 (F) For the exercise of eminent domain, $150. 32 For each additional lot or tract of land or right or 33 interest therein subject to be condemned, the -62- LRB9206081TAtmam14 1 damages in respect to which shall require separate 2 assessment by a jury, $150. 3 (G) For the final determination of parking, 4 standing, and compliance violations and final 5 administrative decisions issued after hearings 6 regarding vehicle immobilization and impoundment 7 made pursuant to Sections 3-704.1, 6-306.5, and 8 11-208.3 of the Illinois Vehicle Code, $25. 9 (b) Forcible Entry and Detainer. 10 In each forcible entry and detainer case when the 11 plaintiff seeks possession only or unites with his or her 12 claim for possession of the property a claim for rent or 13 damages or both in the amount of $15,000 or less, a 14 minimum of $75 and a maximum of $140. When the plaintiff 15 unites his or her claim for possession with a claim for 16 rent or damages or both exceeding $15,000, a minimum of 17 $225 and a maximum of $335. 18 (c) Counterclaim or Joining Third Party Defendant. 19 When any defendant files a counterclaim as part of 20 his or her answer or otherwise or joins another party as 21 a third party defendant, or both, the defendant shall pay 22 a fee for each counterclaim or third party action in an 23 amount equal to the fee he or she would have had to pay 24 had he or she brought a separate action for the relief 25 sought in the counterclaim or against the third party 26 defendant, less the amount of the appearance fee, if that 27 has been paid. 28 (d) Confession of Judgment. 29 In a confession of judgment when the amount does not 30 exceed $1500, a minimum of $60 and a maximum of $70. 31 When the amount exceeds $1500, but does not exceed $5000, 32 a minimum of $75 and a maximum of $150. When the amount 33 exceeds $5000, but does not exceed $15,000, a minimum of 34 $175 and a maximum of $260. When the amount exceeds -63- LRB9206081TAtmam14 1 $15,000, a minimum of $250 and a maximum of $310. 2 (e) Appearance. 3 The fee for filing an appearance in each civil case 4 shall be a minimum of $75 and a maximum of $110, except 5 as follows: 6 (A) When the plaintiff in a forcible entry and 7 detainer case seeks possession only, a minimum of 8 $40 and a maximum of $80. 9 (B) When the amount in the case does not 10 exceed $1500, a minimum of $40 and a maximum of $80. 11 (C) When that amount exceeds $1500 but does 12 not exceed $15,000, a minimum of $60 and a maximum 13 of $90. 14 (f) Garnishment, Wage Deduction, and Citation. 15 In garnishment affidavit, wage deduction affidavit, 16 and citation petition when the amount does not exceed 17 $1,000, a minimum of $15 and a maximum of $25; when the 18 amount exceeds $1,000 but does not exceed $5,000, a 19 minimum of $30 and a maximum of $45; and when the amount 20 exceeds $5,000, a minimum of $50 and a maximum of $80. 21 (g) Petition to Vacate or Modify. 22 (1) Petition to vacate or modify any final judgment 23 or order of court, except in forcible entry and detainer 24 cases and small claims cases or a petition to reopen an 25 estate, to modify, terminate, or enforce a judgment or 26 order for child or spousal support, or to modify, 27 suspend, or terminate an order for withholding, if filed 28 before 30 days after the entry of the judgment or order, 29 a minimum of $50 and a maximum of $60. 30 (2) Petition to vacate or modify any final judgment 31 or order of court, except a petition to modify, 32 terminate, or enforce a judgment or order for child or 33 spousal support or to modify, suspend, or terminate an 34 order for withholding, if filed later than 30 days after -64- LRB9206081TAtmam14 1 the entry of the judgment or order, a minimum of $75 and 2 a maximum of $90. 3 (3) Petition to vacate order of bond forfeiture, a 4 minimum of $40 and a maximum of $80. 5 (h) Mailing. 6 When the clerk is required to mail, the fee will be 7 a minimum of $10 and a maximum of $15, plus the cost of 8 postage. 9 (i) Certified Copies. 10 Each certified copy of a judgment after the first, 11 except in small claims and forcible entry and detainer 12 cases, a minimum of $15 and a maximum of $20. 13 (j) Habeas Corpus. 14 For filing a petition for relief by habeas corpus, a 15 minimum of $125 and a maximum of $190. 16 (k) Certification, Authentication, and Reproduction. 17 (1) Each certification or authentication for taking 18 the acknowledgment of a deed or other instrument in 19 writing with the seal of office, a minimum of $6 and a 20 maximum of $9. 21 (2) Court appeals when original documents are 22 forwarded, under 100 pages, plus delivery and costs, a 23 minimum of $75 and a maximum of $110. 24 (3) Court appeals when original documents are 25 forwarded, over 100 pages, plus delivery and costs, a 26 minimum of $150 and a maximum of $185. 27 (4) Court appeals when original documents are 28 forwarded, over 200 pages, an additional fee of a minimum 29 of 25 and a maximum of 30 cents per page. 30 (5) For reproduction of any document contained in 31 the clerk's files: 32 (A) First page, $2. 33 (B) Next 19 pages, 50 cents per page. 34 (C) All remaining pages, 25 cents per page. -65- LRB9206081TAtmam14 1 (l) Remands. 2 In any cases remanded to the Circuit Court from the 3 Supreme Court or the Appellate Court for a new trial, the 4 clerk shall file the remanding order and reinstate the 5 case with either its original number or a new number. 6 The Clerk shall not charge any new or additional fee for 7 the reinstatement. Upon reinstatement the Clerk shall 8 advise the parties of the reinstatement. A party shall 9 have the same right to a jury trial on remand and 10 reinstatement as he or she had before the appeal, and no 11 additional or new fee or charge shall be made for a jury 12 trial after remand. 13 (m) Record Search. 14 For each record search, within a division or 15 municipal district, the clerk shall be entitled to a 16 search fee of a minimum of $6 and a maximum of $9 for 17 each year searched. 18 (n) Hard Copy. 19 For each page of hard copy print output, when case 20 records are maintained on an automated medium, the clerk 21 shall be entitled to a fee of a minimum of $6 and a 22 maximum of $9. 23 (o) Index Inquiry and Other Records. 24 No fee shall be charged for a single 25 plaintiff/defendant index inquiry or single case record 26 inquiry when this request is made in person and the 27 records are maintained in a current automated medium, and 28 when no hard copy print output is requested. The fees to 29 be charged for management records, multiple case records, 30 and multiple journal records may be specified by the 31 Chief Judge pursuant to the guidelines for access and 32 dissemination of information approved by the Supreme 33 Court. 34 (p) Commitment Petitions. -66- LRB9206081TAtmam14 1 For filing commitment petitions under the Mental 2 Health and Developmental Disabilities Code, a minimum of 3 $50 and a maximum of $100. 4 (q) Alias Summons. 5 For each alias summons or citation issued by the 6 clerk, a minimum of $5 and a maximum of $6. 7 (r) Other Fees. 8 Any fees not covered in this Section shall be set by 9 rule or administrative order of the Circuit Court with 10 the approval of the Administrative Office of the Illinois 11 Courts. 12 The clerk of the circuit court may provide 13 additional services for which there is no fee specified 14 by statute in connection with the operation of the 15 clerk's office as may be requested by the public and 16 agreed to by the clerk and approved by the chief judge of 17 the circuit court. Any charges for additional services 18 shall be as agreed to between the clerk and the party 19 making the request and approved by the chief judge of the 20 circuit court. Nothing in this subsection shall be 21 construed to require any clerk to provide any service not 22 otherwise required by law. 23 (s) Jury Services. 24 The clerk shall be entitled to receive, in addition 25 to other fees allowed by law, the sum of a minimum of 26 $212.50 and maximum of $230, as a fee for the services of 27 a jury in every civil action not quasi-criminal in its 28 nature and not a proceeding for the exercise of the right 29 of eminent domain and in every other action wherein the 30 right of trial by jury is or may be given by law. The 31 jury fee shall be paid by the party demanding a jury at 32 the time of filing the jury demand. If the fee is not 33 paid by either party, no jury shall be called in the 34 action or proceeding, and the same shall be tried by the -67- LRB9206081TAtmam14 1 court without a jury. 2 (t) Voluntary Assignment. 3 For filing each deed of voluntary assignment, a 4 minimum of $20 and a maximum of $40; for recording the 5 same, a minimum of 50¢ and a maximum of $0.80 for each 6 100 words. Exceptions filed to claims presented to an 7 assignee of a debtor who has made a voluntary assignment 8 for the benefit of creditors shall be considered and 9 treated, for the purpose of taxing costs therein, as 10 actions in which the party or parties filing the 11 exceptions shall be considered as party or parties 12 plaintiff, and the claimant or claimants as party or 13 parties defendant, and those parties respectively shall 14 pay to the clerk the same fees as provided by this 15 Section to be paid in other actions. 16 (u) Expungement Petition. 17 The clerk shall be entitled to receive a fee of a 18 minimum of $60 and a maximum of $120 for each expungement 19 petition filed and an additional fee of a minimum of $4 20 and a maximum of $8 for each certified copy of an order 21 to expunge arrest records. 22 (v) Probate. 23 The clerk is entitled to receive the fees specified in 24 this subsection (v), which shall be paid in advance, except 25 that, for good cause shown, the court may suspend, reduce, or 26 release the costs payable under this subsection: 27 (1) For administration of the estate of a decedent 28 (whether testate or intestate) or of a missing person, a 29 minimum of $150 and a maximum of $225, plus the fees 30 specified in subsection (v)(3), except: 31 (A) When the value of the real and personal 32 property does not exceed $15,000, the fee shall be a 33 minimum of $40 and a maximum of $65. 34 (B) When (i) proof of heirship alone is made, -68- LRB9206081TAtmam14 1 (ii) a domestic or foreign will is admitted to 2 probate without administration (including proof of 3 heirship), or (iii) letters of office are issued for 4 a particular purpose without administration of the 5 estate, the fee shall be a minimum of $40 and a 6 maximum of $65. 7 (2) For administration of the estate of a ward, a 8 minimum of $75 and a maximum of $110, plus the fees 9 specified in subsection (v)(3), except: 10 (A) When the value of the real and personal 11 property does not exceed $15,000, the fee shall be a 12 minimum of $40 and a maximum of $65. 13 (B) When (i) letters of office are issued to a 14 guardian of the person or persons, but not of the 15 estate or (ii) letters of office are issued in the 16 estate of a ward without administration of the 17 estate, including filing or joining in the filing of 18 a tax return or releasing a mortgage or consenting 19 to the marriage of the ward, the fee shall be a 20 minimum of $20 and a maximum of $40. 21 (3) In addition to the fees payable under 22 subsection (v)(1) or (v)(2) of this Section, the 23 following fees are payable: 24 (A) For each account (other than one final 25 account) filed in the estate of a decedent, or ward, 26 a minimum of $25 and a maximum of $40. 27 (B) For filing a claim in an estate when the 28 amount claimed is $150 or more but less than $500, a 29 minimum of $20 and a maximum of $40; when the amount 30 claimed is $500 or more but less than $10,000, a 31 minimum of $40 and a maximum of $65; when the amount 32 claimed is $10,000 or more, a minimum of $60 and a 33 maximum of $90; provided that the court in allowing 34 a claim may add to the amount allowed the filing fee -69- LRB9206081TAtmam14 1 paid by the claimant. 2 (C) For filing in an estate a claim, petition, 3 or supplemental proceeding based upon an action 4 seeking equitable relief including the construction 5 or contest of a will, enforcement of a contract to 6 make a will, and proceedings involving testamentary 7 trusts or the appointment of testamentary trustees, 8 a minimum of $60 and a maximum of $90. 9 (D) For filing in an estate (i) the appearance 10 of any person for the purpose of consent or (ii) the 11 appearance of an executor, administrator, 12 administrator to collect, guardian, guardian ad 13 litem, or special administrator, no fee. 14 (E) Except as provided in subsection 15 (v)(3)(D), for filing the appearance of any person 16 or persons, a minimum of $30 and a maximum of $90. 17 (F) For each jury demand, a minimum of $137.50 18 and a maximum of $180. 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, a minimum of $50 and a 24 maximum of $80, less any amount paid under 25 subsection (v)(1)(B) or (v)(2)(B) except that if the 26 amount involved does not exceed $5,000, the fee, 27 including any amount paid under subsection (v)(1)(B) 28 or (v)(2)(B), shall be a minimum of $20 and a 29 maximum of $40. 30 (H) For each certified copy of letters of 31 office, of court order or other certification, a 32 minimum of $2 and a maximum of $4, plus $1 per page 33 in excess of 3 pages for the document certified. 34 (I) For each exemplification, $2, plus the fee -70- LRB9206081TAtmam14 1 for certification. 2 (4) The executor, administrator, guardian, 3 petitioner, or other interested person or his or her 4 attorney shall pay the cost of publication by the clerk 5 directly to the newspaper. 6 (5) The person on whose behalf a charge is incurred 7 for witness, court reporter, appraiser, or other 8 miscellaneous fee shall pay the same directly to the 9 person entitled thereto. 10 (6) The executor, administrator, guardian, 11 petitioner, or other interested person or his or her 12 attorney shall pay to the clerk all postage charges 13 incurred by the clerk in mailing petitions, orders, 14 notices, or other documents pursuant to the provisions of 15 the Probate Act of 1975. 16 (w) Criminal and Quasi-Criminal Costs and Fees. 17 (1) The clerk shall be entitled to costs in all 18 criminal and quasi-criminal cases from each person 19 convicted or sentenced to supervision therein as follows: 20 (A) Felony complaints, a minimum of $125 and a 21 maximum of $190. 22 (B) Misdemeanor complaints, a minimum of $75 23 and a maximum of $110. 24 (C) Business offense complaints, a minimum of 25 $75 and a maximum of $110. 26 (D) Petty offense complaints, a minimum of $75 27 and a maximum of $110. 28 (E) Minor traffic or ordinance violations, 29 $30. 30 (F) When court appearance required, $50. 31 (G) Motions to vacate or amend final orders, a 32 minimum of $40 and a maximum of $80. 33 (H) Motions to vacate bond forfeiture orders, 34 a minimum of $30 and a maximum of $45. -71- LRB9206081TAtmam14 1 (I) Motions to vacate ex parte judgments, 2 whenever filed, a minimum of $30 and a maximum of 3 $45. 4 (J) Motions to vacate judgment on forfeitures, 5 whenever filed, a minimum of $25 and a maximum of 6 $30. 7 (K) Motions to vacate "failure to appear" or 8 "failure to comply" notices sent to the Secretary of 9 State, a minimum of $40 and a maximum of $50. 10 (2) In counties having a population of 3,000,000 or 11 more, when the violation complaint is issued by a 12 municipal police department, the clerk shall be entitled 13 to costs from each person convicted therein as follows: 14 (A) Minor traffic or ordinance violations, a 15 minimum of $30 and a maximum of $90. 16 (B) When court appearance required, a minimum 17 of $50 and a maximum of $150. 18 (3) In ordinance violation cases punishable by fine 19 only, the clerk of the circuit court shall be entitled to 20 receive, unless the fee is excused upon a finding by the 21 court that the defendant is indigent, in addition to 22 other fees or costs allowed or imposed by law, the sum of 23 a minimum of $112.50 and a maximum of $250 as a fee for 24 the services of a jury. The jury fee shall be paid by 25 the defendant at the time of filing his or her jury 26 demand. If the fee is not so paid by the defendant, no 27 jury shall be called, and the case shall be tried by the 28 court without a jury. 29 (x) Transcripts of Judgment. 30 For the filing of a transcript of judgment, the 31 clerk shall be entitled to the same fee as if it were the 32 commencement of a new suit. 33 (y) Change of Venue. 34 (1) For the filing of a change of case on a change -72- LRB9206081TAtmam14 1 of venue, the clerk shall be entitled to the same fee as 2 if it were the commencement of a new suit. 3 (2) The fee for the preparation and certification 4 of a record on a change of venue to another jurisdiction, 5 when original documents are forwarded, a minimum of $40 6 and a maximum of $65. 7 (z) Tax objection complaints. 8 For each tax objection complaint containing one or 9 more tax objections, regardless of the number of parcels 10 involved or the number of taxpayers joining in the 11 complaint, a minimum of $50 and a maximum of $100. 12 (aa) Tax Deeds. 13 (1) Petition for tax deed, if only one parcel is 14 involved, a minimum of $250 and a maximum of $400. 15 (2) For each additional parcel, add a fee of a 16 minimum of $100 and a maximum of $200. 17 (bb) Collections. 18 (1) For all collections made of others, except the 19 State and county and except in maintenance or child 20 support cases, a sum equal to 3.0% of the amount 21 collected and turned over. 22 (2) Interest earned on any funds held by the clerk 23 shall be turned over to the county general fund as an 24 earning of the office. 25 (3) For any check, draft, or other bank instrument 26 returned to the clerk for non-sufficient funds, account 27 closed, or payment stopped, $25. 28 (4) In child support and maintenance cases, the 29 clerk, if authorized by an ordinance of the county board, 30 may collect an annual fee of up to $36 from the person 31 making payment for maintaining child support records and 32 the processing of support orders to the State of Illinois 33 KIDS system and the recording of payments issued by the 34 State Disbursement Unit for the official record of the -73- LRB9206081TAtmam14 1 Court. This fee shall be in addition to and separate 2 from amounts ordered to be paid as maintenance or child 3 support and shall be deposited into a Separate 4 Maintenance and Child Support Collection Fund, of which 5 the clerk shall be the custodian, ex-officio, to be used 6 by the clerk to maintain child support orders and record 7 all payments issued by the State Disbursement Unit for 8 the official record of the Court. The clerk may recover 9 from the person making the maintenance or child support 10 payment any additional cost incurred in the collection of 11 this annual fee. 12 The clerk shall also be entitled to a fee of $5 for 13 certifications made to the Secretary of State as provided 14 in Section 7-703 of the Family Financial Responsibility 15 Law and these fees shall also be deposited into the 16 Separate Maintenance and Child Support Collection Fund. 17 (cc) Corrections of Numbers. 18 For correction of the case number, case title, or 19 attorney computer identification number, if required by 20 rule of court, on any document filed in the clerk's 21 office, to be charged against the party that filed the 22 document, a minimum of $25 and a maximum of $40. 23 (dd) Exceptions. 24 (1) The fee requirements of this Section shall not 25 apply to police departments or other law enforcement 26 agencies. In this Section, "law enforcement agency" 27 means an agency of the State or a unit of local 28 government which is vested by law or ordinance with the 29 duty to maintain public order and to enforce criminal 30 laws or ordinances. "Law enforcement agency" also means 31 the Attorney General or any state's attorney. 32 (2) No fee provided herein shall be charged to any 33 unit of local government or school district. The fee 34 requirements of this Section shall not apply to any -74- LRB9206081TAtmam14 1 action instituted under subsection (b) of Section 11-31-1 2 of the Illinois Municipal Code by a private owner or 3 tenant of real property within 1200 feet of a dangerous 4 or unsafe building seeking an order compelling the owner 5 or owners of the building to take any of the actions 6 authorized under that subsection. 7 (ee) Adoption. 8 (1) For an adoption.............................$65 9 (2) Upon good cause shown, the court may waive the 10 adoption filing fee in a special needs adoption. The 11 term "special needs adoption" shall have the meaning 12 ascribed to it by the Illinois Department of Children and 13 Family Services. 14 (ff) Adoption exemptions. 15 No fee other than that set forth in subsection (ee) 16 shall be charged to any person in connection with an 17 adoption proceeding. 18 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 19 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 20 6-13-00.) 21 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 22 Sec. 27.5. All fees, fines, costs, additional penalties, 23 bail balances assessed or forfeited, and any other amount 24 paid by a person to the circuit clerk that equals an amount 25 less than $55, except restitution under Section 5-5-6 of the 26 Unified Code of Corrections, reimbursement for the costs of 27 an emergency response as provided under Section 5-5-3 of the 28 Unified Code of Corrections, any fees collected for attending 29 a traffic safety program under paragraph (c) of Supreme Court 30 Rule 529, any fee collected on behalf of a State's Attorney 31 under Section 4-2002 of the Counties Code or a sheriff under 32 Section 4-5001 of the Counties Code, or any cost imposed 33 under Section 124A-5 of the Code of Criminal Procedure of -75- LRB9206081TAtmam14 1 1963, for convictions, orders of supervision, or any other 2 disposition for a violation of Chapters 3, 4, 6, 11, and 12 3 of the Illinois Vehicle Code, or a similar provision of a 4 local ordinance,andany violation of the Child Passenger 5 Protection Act, or a similar provision of a local ordinance, 6 fees collected for electronic monitoring, drug or alcohol 7 testing and screening, probation fees authorized under 8 Section 5-6-3 of the Unified Code of Corrections, and 9 supervision fees authorized under Section 5-6-3.1 of the 10 Unified Code of Corrections, shall be disbursed within 60 11 days after receipt by the circuit clerk as follows: 47% 12 shall be disbursed to the entity authorized by law to receive 13 the fine imposed in the case; 12% shall be disbursed to the 14 State Treasurer; and 41% shall be disbursed to the county's 15 general corporate fund. Of the 12% disbursed to the State 16 Treasurer, 1/6 shall be deposited by the State Treasurer into 17 the Violent Crime Victims Assistance Fund, 1/2 shall be 18 deposited into the Traffic and Criminal Conviction Surcharge 19 Fund, and 1/3 shall be deposited into the Drivers Education 20 Fund. For fiscal years 1992 and 1993, amounts deposited into 21 the Violent Crime Victims Assistance Fund, the Traffic and 22 Criminal Conviction Surcharge Fund, or the Drivers Education 23 Fund shall not exceed 110% of the amounts deposited into 24 those funds in fiscal year 1991. Any amount that exceeds the 25 110% limit shall be distributed as follows: 50% shall be 26 disbursed to the county's general corporate fund and 50% 27 shall be disbursed to the entity authorized by law to receive 28 the fine imposed in the case. Not later than March 1 of each 29 year the circuit clerk shall submit a report of the amount of 30 funds remitted to the State Treasurer under this Section 31 during the preceding year based upon independent verification 32 of fines and fees. All counties shall be subject to this 33 Section, except that counties with a population under 34 2,000,000 may, by ordinance, elect not to be subject to this -76- LRB9206081TAtmam14 1 Section. For offenses subject to this Section, judges shall 2 impose one total sum of money payable for violations. The 3 circuit clerk may add on no additional amounts except for 4 amounts that are required by Sections 27.3a and 27.3c of this 5 Act, unless those amounts are specifically waived by the 6 judge. With respect to money collected by the circuit clerk 7 as a result of forfeiture of bail, ex parte judgment or 8 guilty plea pursuant to Supreme Court Rule 529, the circuit 9 clerk shall first deduct and pay amounts required by Sections 10 27.3a and 27.3c of this Act. This Section is a denial and 11 limitation of home rule powers and functions under subsection 12 (h) of Section 6 of Article VII of the Illinois Constitution. 13 (Source: P.A. 89-234, eff. 1-1-96.) 14 (705 ILCS 105/27.6) 15 Sec. 27.6. (a) All fees, fines, costs, additional 16 penalties, bail balances assessed or forfeited, and any other 17 amount paid by a person to the circuit clerk equalling an 18 amount of $55 or more, except the additional fee required by 19 subsections (b) and (c), restitution under Section 5-5-6 of 20 the Unified Code of Corrections, reimbursement for the costs 21 of an emergency response as provided under Section 5-5-3 of 22 the Unified Code of Corrections, any fees collected for 23 attending a traffic safety program under paragraph (c) of 24 Supreme Court Rule 529, any fee collected on behalf of a 25 State's Attorney under Section 4-2002 of the Counties Code or 26 a sheriff under Section 4-5001 of the Counties Code, or any 27 cost imposed under Section 124A-5 of the Code of Criminal 28 Procedure of 1963, for convictions, orders of supervision, or 29 any other disposition for a violation of Chapters 3, 4, 6, 30 11, and 12 of the Illinois Vehicle Code, or a similar 31 provision of a local ordinance,andany violation of the 32 Child Passenger Protection Act, or a similar provision of a 33 local ordinance, fees collected for electronic monitoring, -77- LRB9206081TAtmam14 1 drug or alcohol testing and screening, probation fees 2 authorized under Section 5-6-3 of the Unified Code of 3 Corrections, and supervision fees authorized under Section 4 5-6-3.1 of the Unified Code of Corrections, shall be 5 disbursed within 60 days after receipt by the circuit clerk 6 as follows: 44.5% shall be disbursed to the entity 7 authorized by law to receive the fine imposed in the case; 8 16.825% shall be disbursed to the State Treasurer; and 9 38.675% shall be disbursed to the county's general corporate 10 fund. Of the 16.825% disbursed to the State Treasurer, 2/17 11 shall be deposited by the State Treasurer into the Violent 12 Crime Victims Assistance Fund, 5.052/17 shall be deposited 13 into the Traffic and Criminal Conviction Surcharge Fund, 3/17 14 shall be deposited into the Drivers Education Fund, and 15 6.948/17 shall be deposited into the Trauma Center Fund. Of 16 the 6.948/17 deposited into the Trauma Center Fund from the 17 16.825% disbursed to the State Treasurer, 50% shall be 18 disbursed to the Department of Public Health and 50% shall be 19 disbursed to the Department of Public Aid. For fiscal year 20 1993, amounts deposited into the Violent Crime Victims 21 Assistance Fund, the Traffic and Criminal Conviction 22 Surcharge Fund, or the Drivers Education Fund shall not 23 exceed 110% of the amounts deposited into those funds in 24 fiscal year 1991. Any amount that exceeds the 110% limit 25 shall be distributed as follows: 50% shall be disbursed to 26 the county's general corporate fund and 50% shall be 27 disbursed to the entity authorized by law to receive the fine 28 imposed in the case. Not later than March 1 of each year the 29 circuit clerk shall submit a report of the amount of funds 30 remitted to the State Treasurer under this Section during the 31 preceding year based upon independent verification of fines 32 and fees. All counties shall be subject to this Section, 33 except that counties with a population under 2,000,000 may, 34 by ordinance, elect not to be subject to this Section. For -78- LRB9206081TAtmam14 1 offenses subject to this Section, judges shall impose one 2 total sum of money payable for violations. The circuit clerk 3 may add on no additional amounts except for amounts that are 4 required by Sections 27.3a and 27.3c of this Act, unless 5 those amounts are specifically waived by the judge. With 6 respect to money collected by the circuit clerk as a result 7 of forfeiture of bail, ex parte judgment or guilty plea 8 pursuant to Supreme Court Rule 529, the circuit clerk shall 9 first deduct and pay amounts required by Sections 27.3a and 10 27.3c of this Act. This Section is a denial and limitation of 11 home rule powers and functions under subsection (h) of 12 Section 6 of Article VII of the Illinois Constitution. 13 (b) In addition to any other fines and court costs 14 assessed by the courts, any person convicted or receiving an 15 order of supervision for driving under the influence of 16 alcohol or drugs shall pay an additional fee of $25 to the 17 clerk of the circuit court. This amount, less 2 1/2% that 18 shall be used to defray administrative costs incurred by the 19 clerk, shall be remitted by the clerk to the Treasurer within 20 60 days after receipt for deposit into the Trauma Center 21 Fund. This additional fee of $25 shall not be considered a 22 part of the fine for purposes of any reduction in the fine 23 for time served either before or after sentencing. Not later 24 than March 1 of each year the Circuit Clerk shall submit a 25 report of the amount of funds remitted to the State Treasurer 26 under this subsection during the preceding calendar year. 27 (c) In addition to any other fines and court costs 28 assessed by the courts, any person convicted for a violation 29 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 30 1961 or a person sentenced for a violation of the Cannabis 31 Control Act or the Controlled Substance Act shall pay an 32 additional fee of $100 to the clerk of the circuit court. 33 This amount, less 2 1/2% that shall be used to defray 34 administrative costs incurred by the clerk, shall be remitted -79- LRB9206081TAtmam14 1 by the clerk to the Treasurer within 60 days after receipt 2 for deposit into the Trauma Center Fund. This additional fee 3 of $100 shall not be considered a part of the fine for 4 purposes of any reduction in the fine for time served either 5 before or after sentencing. Not later than March 1 of each 6 year the Circuit Clerk shall submit a report of the amount of 7 funds remitted to the State Treasurer under this subsection 8 during the preceding calendar year. 9 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 10 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 11 Section 95. No acceleration or delay. Where this Act 12 makes changes in a statute that is represented in this Act 13 by text that is not yet or no longer in effect, the use of 14 that text does not accelerate or delay the taking effect of 15 (i) the changes made by this Act or (ii) provisions derived 16 from any other Public Act. 17 Section 99. Effective date. This Act takes effect on 18 July 1, 2001.".