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92_SB0772
LRB9205228REdv
1 AN ACT in relation to fees.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Sections 4-2002.1, 4-12001, 4-12002, and 4-12003 as follows:
6 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
7 Sec. 4-2002.1. State's attorney fees in counties of
8 3,000,000 or more population. This Section applies only to
9 counties with 3,000,000 or more inhabitants.
10 (a) State's attorneys are shall be entitled to the
11 following fees:
12 For each conviction in prosecutions on indictments for
13 first degree murder, second degree murder, involuntary
14 manslaughter, criminal sexual assault, aggravated criminal
15 sexual assault, aggravated criminal sexual abuse, kidnapping,
16 arson and forgery, $60. All other cases punishable by
17 imprisonment in the penitentiary, $60.
18 For each conviction in other cases tried before judges of
19 the circuit court, $30; except that if the conviction is in a
20 case which may be assigned to an associate judge, whether or
21 not it is in fact assigned to an associate judge, the fee
22 shall be $20.
23 For preliminary examinations for each defendant held to
24 bail or recognizance, $20.
25 For each examination of a party bound over to keep the
26 peace, $20.
27 For each defendant held to answer in a circuit court on a
28 charge of paternity, $20.
29 For each trial on a charge of paternity, $60.
30 For each case of appeal taken from his county or from the
31 county to which a change of venue is taken to his county to
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1 the Supreme or Appellate Court when prosecuted or defended by
2 him, $100.
3 For each day actually employed in the trial of a case,
4 $50; in which case the court before whom the case is tried
5 shall make an order specifying the number of days for which a
6 per diem shall be allowed.
7 For each day actually employed in the trial of cases of
8 felony arising in their respective counties and taken by
9 change of venue to another county, $50; and the court before
10 whom the case is tried shall make an order specifying the
11 number of days for which said per diem shall be allowed; and
12 it is hereby made the duty of each State's attorney to
13 prepare and try each case of felony arising when so taken by
14 change of venue.
15 For assisting in a trial of each case on an indictment
16 for felony brought by change of venue to their respective
17 counties, the same fees they would be entitled to if such
18 indictment had been found for an offense committed in his
19 county, and it shall be the duty of the State's attorney of
20 the county to which such cause is taken by change of venue to
21 assist in the trial thereof.
22 For each case of forfeited recognizance where the
23 forfeiture is set aside at the instance of the defense, in
24 addition to the ordinary costs, $20 for each defendant.
25 For each proceeding in a circuit court to inquire into
26 the alleged mental illness of any person, $20 for each
27 defendant.
28 For each proceeding in a circuit court to inquire into
29 the alleged dependency or delinquency of any child, $20.
30 For each day actually employed in the hearing of a case
31 of habeas corpus in which the people are interested, $50.
32 All the foregoing fees shall be taxed as costs to be
33 collected from the defendant, if possible, upon conviction.
34 But in cases of inquiry into the mental illness of any person
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1 alleged to be mentally ill, in cases on a charge of paternity
2 and in cases of appeal in the Supreme or Appellate Court,
3 where judgment is in favor of the accused, the fees allowed
4 the State's attorney therein shall be retained out of the
5 fines and forfeitures collected by them in other cases.
6 Ten per cent of all moneys except revenue, collected by
7 them and paid over to the authorities entitled thereto, which
8 per cent together with the fees provided for herein that are
9 not collected from the parties tried or examined, shall be
10 paid out of any fines and forfeited recognizances collected
11 by them, provided however, that in proceedings to foreclose
12 the lien of delinquent real estate taxes State's attorneys
13 shall receive a fee, to be credited to the earnings of their
14 office, of 10% of the total amount realized from the sale of
15 real estate sold in such proceedings. Such fees shall be paid
16 from the total amount realized from the sale of the real
17 estate sold in such proceedings.
18 State's attorneys shall have a lien for their fees on all
19 judgments for fines or forfeitures procured by them and on
20 moneys except revenue received by them until such fees and
21 earnings are fully paid.
22 No fees shall be charged on more than 10 counts in any
23 one indictment or information on trial and conviction; nor on
24 more than 10 counts against any one defendant on pleas of
25 guilty.
26 The Circuit Court may direct that of all monies received,
27 by restitution or otherwise, which monies are ordered paid to
28 the Department of Public Aid or the Department of Human
29 Services (acting as successor to the Department of Public Aid
30 under the Department of Human Services Act) as a direct
31 result of the efforts of the State's attorney and which
32 payments arise from Civil or Criminal prosecutions involving
33 the Illinois Public Aid Code or the Criminal Code, the
34 following amounts shall be paid quarterly by the Department
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1 of Public Aid or the Department of Human Services to the
2 General Corporate Fund of the County in which the prosecution
3 or cause of action took place:
4 (1) where the monies result from child support
5 obligations, not less than 25% of the federal share of
6 the monies received,
7 (2) where the monies result from other than child
8 support obligations, not less than 25% of the State's
9 share of the monies received.
10 (b) A municipality shall be entitled to a $10
11 prosecution fee for each conviction for a violation of the
12 Illinois Vehicle Code prosecuted by the municipal attorney
13 pursuant to Section 16-102 of that Code which is tried before
14 a circuit or associate judge and shall be entitled to a $10
15 prosecution fee for each conviction for a violation of a
16 municipal vehicle ordinance prosecuted by the municipal
17 attorney which is tried before a circuit or associate judge.
18 Such fee shall be taxed as costs to be collected from the
19 defendant, if possible, upon conviction. A municipality
20 shall have a lien for such prosecution fees on all judgments
21 or fines procured by the municipal attorney from prosecutions
22 for violations of the Illinois Vehicle Code and municipal
23 vehicle ordinances.
24 For the purposes of this subsection (b), "municipal
25 vehicle ordinance" means any ordinance enacted pursuant to
26 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the
27 Illinois Municipal Code or any ordinance enacted by a
28 municipality which is similar to a provision of Chapter 11 of
29 the Illinois Vehicle Code.
30 (Source: P.A. 89-507, eff. 7-1-97.)
31 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
32 Sec. 4-12001. Fees of sheriff in third class counties.
33 The officers herein named, in counties of the third class,
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1 are shall be entitled to receive the fees herein specified,
2 for the services mentioned and such other fees as may be
3 provided by law for such other services not herein
4 designated.
5 Fees for Sheriff
6 For serving or attempting to serve any summons on each
7 defendant, $15.
8 For serving or attempting to serve each alias summons or
9 other process mileage will be charged as hereinafter provided
10 when the address for service differs from the address for
11 service on the original summons or other process.
12 For serving or attempting to serve all other process, on
13 each defendant, $15.
14 For serving or attempting to serve a subpoena on each
15 witness, $25.
16 For serving or attempting to serve each warrant, $15.
17 For serving or attempting to serve each garnishee, $15.
18 For summoning each juror, $10.
19 For serving or attempting to serve each order or judgment
20 for replevin, $15.
21 For serving or attempting to serve an order for
22 attachment, on each defendant, $15.
23 For serving or attempting to serve an order or judgment
24 for the possession of real estate in an action of ejectment
25 or in any other action, or for restitution in an action of
26 forcible entry and detainer, without aid, $15, and when aid
27 is necessary, the sheriff shall be allowed to tax in addition
28 the actual costs thereof.
29 For serving or attempting to serve notice of judgment,
30 $15.
31 For levying to satisfy an order in an action for
32 attachment, $15.
33 For executing order of court to seize personal property,
34 $15.
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1 For making certificate of levy on real estate and filing
2 or recording same, $8, and the fee for filing or recording
3 shall be advanced by the plaintiff in attachment or by the
4 judgment creditor and taxed as costs. For taking possession
5 of or removing property levied on, the sheriff shall be
6 allowed to tax the necessary actual costs of such possession
7 or removal.
8 For advertising property for sale, $8.
9 For making certificate of sale and making and filing
10 duplicate for record, $8, and the fee for recording same
11 shall be advanced by the judgment creditor and taxed as
12 costs.
13 For preparing, executing and acknowledging deed on
14 redemption from a court sale of real estate, $15; for
15 preparing, executing and acknowledging all other deeds on
16 sale of real estate, $10.
17 For making and filing certificate of redemption, $9, and
18 the fee for recording same shall be advanced by party making
19 the redemption and taxed as costs.
20 For making and filing certificate of redemption from a
21 court sale, $11, and the fee for recording same shall be
22 advanced by the party making the redemption and taxed as
23 costs.
24 For taking all bonds on legal process, $5.
25 For taking special bail, $5.
26 For returning each process, $8.
27 Mileage for service or attempted service of all process,
28 20¢ per mile each way necessarily traveled in making or
29 attempting to make such service computed from the place of
30 holding court.
31 For attending before a court with a prisoner on an order
32 for habeas corpus, $9 per day.
33 For executing requisitions from other States, $13.
34 For conveying each prisoner from the prisoner's county to
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1 the jail of another county, per mile for going only, 25¢.
2 For committing to or discharging each prisoner from jail,
3 $3.
4 For feeding each prisoner, such compensation to cover
5 actual costs as may be fixed by the county board, but such
6 compensation shall not be considered a part of the fees of
7 the office.
8 For committing each prisoner to jail under the laws of
9 the United States, to be paid by the marshal or other person
10 requiring his confinement, $3.
11 For feeding such prisoners per day, $3, to be paid by the
12 marshal or other person requiring the prisoner's confinement.
13 For discharging such prisoners, $3.
14 For conveying persons to the penitentiary, reformatories,
15 Illinois State Training School for Boys, Illinois State
16 Training School for Girls, Reception Centers and Illinois
17 Security Hospital, the following fees, payable out of the
18 State Treasury. When one person is conveyed, 20¢ per mile in
19 going to the penitentiary, reformatories, Illinois State
20 Training School for Boys, Illinois State Training School for
21 Girls, Reception Centers and Illinois Security Hospital from
22 the place of conviction; when 2 persons are conveyed at the
23 same time, 20¢ per mile for the first and 15¢ per mile for
24 the second person; when more than 2 persons are conveyed at
25 the same time as Stated above, the sheriff shall be allowed
26 20¢ per mile for the first, 15¢ per mile for the second and
27 10¢ per mile for each additional person.
28 The fees provided for herein for transporting persons to
29 the penitentiary, reformatories, Illinois State Training
30 School for Boys, Illinois State Training School for Girls,
31 Reception Centers and Illinois Security Hospital, shall be
32 paid for each trip so made. Mileage as used in this Section
33 means the shortest route on a hard surfaced road, (either
34 State Bond Issue Route or Federal highways) or railroad,
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1 whichever is shorter, between the place from which the person
2 is to be transported, to the penitentiary, reformatories,
3 Illinois State Training School for Boys, Illinois State
4 Training School for Girls, Reception Centers and Illinois
5 Security Hospital, and all fees per mile shall be computed on
6 such basis.
7 In addition to the above fees, there shall be allowed to
8 the sheriff a fee of $900 for the sale of real estate which
9 shall be made by virtue of any judgment of a court. In
10 addition to this fee and all other fees provided by this
11 Section, there shall be allowed to the sheriff a fee in
12 accordance with the following schedule for the sale of
13 personal estate which is made by virtue of any judgment of a
14 court:
15 For judgments up to $1,000, $85;
16 For judgments over $1,000 to $15,000, $175;
17 For judgments over $15,000, $400.
18 In all cases where the judgment is settled by the
19 parties, replevied, stopped by injunction or paid, or where
20 the property levied upon is not actually sold, the sheriff
21 shall be allowed the fee for levying and mileage, together
22 with half the fee for all money collected by him or her which
23 he or she would be entitled to if the same were made by sale
24 in the enforcement of a judgment. In no case shall the fee
25 exceed the amount of money arising from the sale.
26 The fee requirements of this Section do not apply to
27 police departments or other law enforcement agencies. For
28 the purposes of this Section, "law enforcement agency" means
29 an agency of the State or unit of local government which is
30 vested by law or ordinance with the duty to maintain public
31 order and to enforce criminal laws or ordinances.
32 The fee requirements of this Section do not apply to
33 units of local government or school districts.
34 (Source: P.A. 86-962; 87-669; 87-670.)
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1 (55 ILCS 5/4-12002) (from Ch. 34, par. 4-12002)
2 Sec. 4-12002. Fees of recorder in third class counties.
3 The fees of the recorder in counties of the third class for
4 recording deeds or other instruments that are in writing and
5 maps of plats of additions, subdivisions or otherwise, and
6 for certifying copies of records, shall be paid in advance
7 and shall be as follows:
8 For recording deeds or other instruments $20 for the
9 first 2 pages thereof, plus $2 for each additional page
10 thereof. The aggregate minimum fee for recording any one
11 instrument shall not be less than $20.
12 For recording deeds or other instruments wherein the
13 premises affected thereby are referred to by document number
14 and not by legal description the recorder shall charge a fee
15 of $4 in addition to that hereinabove referred to for each
16 document number therein noted.
17 For recording deeds or other instruments wherein more
18 than one tract, parcel or lot is described and such
19 additional tract, or tracts, parcel or parcels, lot or lots
20 is or are described therein as falling in a separate or
21 different addition or subdivision the recorder shall charge
22 as an additional fee, to that herein provided, the sum of $2
23 for each additional addition or subdivision referred to in
24 such deed or instrument.
25 For recording maps or plats of additions, subdivisions or
26 otherwise (including the spreading of the same of record in
27 well bound books) $100 plus $2 for each tract, parcel or lot
28 contained therein.
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 $200.
33 For filing of each release of any chattel mortgage or
34 trust deed which has been filed but not recorded and for
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1 indexing the same in the book to be kept for that purpose
2 $10.
3 For processing the sworn or affirmed statement required
4 for filing a deed or assignment of a beneficial interest in a
5 land trust in accordance with Section 3-5020 of this Code,
6 $2.
7 The recorder shall charge an additional fee, in an amount
8 equal to the fee otherwise provided by law, for recording a
9 document (other than a document filed under the Plat Act or
10 the Uniform Commercial Code) that does not conform to the
11 following standards:
12 (1) The document shall consist of one or more
13 individual sheets measuring 8.5 inches by 11 inches, not
14 permanently bound and not a continuous form. Graphic
15 displays accompanying a document to be recorded that
16 measure up to 11 inches by 17 inches shall be recorded
17 without charging an additional fee.
18 (2) The document shall be legibly printed in black
19 ink, by hand, type, or computer. Signatures and dates
20 may be in contrasting colors if they will reproduce
21 clearly.
22 (3) The document shall be on white paper of not
23 less than 20-pound weight and shall have a clean margin
24 of at least one-half inch on the top, the bottom, and
25 each side. Margins may be used only for non-essential
26 notations that will not affect the validity of the
27 document, including but not limited to form numbers, page
28 numbers, and customer notations.
29 (4) The first page of the document shall contain a
30 blank space, measuring at least 3 inches by 5 inches,
31 from the upper right corner.
32 (5) The document shall not have any attachment
33 stapled or otherwise affixed to any page.
34 A document that does not conform to these standards shall not
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1 be recorded except upon payment of the additional fee
2 required under this paragraph. This paragraph, as amended by
3 this amendatory Act of 1995, applies only to documents dated
4 after the effective date of this amendatory Act of 1995.
5 The fee requirements of this Section apply to units of
6 local government and school districts.
7 (Source: P.A. 88-691, eff. 1-24-95; 89-160, eff. 7-19-95.)
8 (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
9 Sec. 4-12003. Fees of county clerk in third class
10 counties. The fees of the county clerk in counties of the
11 third class are as follows:
12 For issuing each marriage license, sealing, filing and
13 recording the same and the certificate thereto (one charge),
14 $30.
15 For taking, certifying to and sealing the acknowledgment
16 of a deed, power of attorney, or other writing, $1.
17 For filing and entering certificates in case of estrays,
18 and furnishing notices for publication thereof (one charge),
19 $1.50.
20 For recording all papers and documents required by law to
21 be recorded in the office of the county clerk, $2 plus 30¢
22 for every 100 words in excess of 600 words.
23 For certificate and seal, not in a case in a court
24 whereof he is clerk, $1.
25 For making and certifying a copy of any record or paper
26 in his office, $2 for every page.
27 For filing papers in his office, 50¢ for each paper
28 filed, except that no fee shall be charged for filing a
29 Statement of economic interest pursuant to the Illinois
30 Governmental Ethics Act or reports made pursuant to Article 9
31 of The Election Code.
32 For making transcript of taxable property for the
33 assessors, 8¢ for each tract of land or town lot. For
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1 extending other than State and county taxes, 8¢ for each tax
2 on each tract or lot, and 8¢ for each person's personal tax,
3 to be paid by the authority for whose benefit the transcript
4 is made and the taxes extended. The county clerk shall
5 certify to the county collector the amount due from each
6 authority for such services and the collector in his
7 settlement with such authority shall reserve such amount from
8 the amount payable by him to such authority.
9 For adding and bringing forward with current tax warrants
10 amounts due for forfeited or withdrawn special assessments,
11 8¢ for each lot or tract of land described and transcribed.
12 For computing and extending each assessment or
13 installment thereof and interest, 8¢ on each description; and
14 for computing and extending each penalty, 8¢ on each
15 description. These fees shall be paid by the city, village,
16 or taxing body for whose benefit the transcript is made and
17 the assessment and penalties are extended. The county clerk
18 shall certify to the county collector the amount due from
19 each city, village or taxing body, for such services, and the
20 collector in his settlement with such taxing body shall
21 reserve such amount from the amount payable by him to such
22 city, village or other taxing body.
23 For cancelling certificates of sale, $4 for each tract or
24 lot.
25 For making search and report of general taxes and special
26 assessments for use in the preparation of estimate of cost of
27 redemption from sales or forfeitures or withdrawals or for
28 use in the preparation of estimate of cost of purchase of
29 forfeited property, or for use in preparation of order on the
30 county collector for searches requested by buyers at annual
31 tax sale, for each lot or tract, $4 for the first year
32 searched, and $2 for each additional year or fraction
33 thereof.
34 For preparing from tax search report estimate of cost of
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1 redemption concerning property sold, forfeited or withdrawn
2 for non-payment of general taxes and special assessments, if
3 any, $1 for each lot or tract.
4 For certificate of deposit for redemption, $4.
5 For preparing from tax search report estimate of and
6 order to county collector to receive amount necessary to
7 redeem or purchase lands or lots forfeited for non-payment of
8 general taxes, $3 for each lot or tract.
9 For preparing from tax search report estimate of and
10 order to county collector to receive amount necessary to
11 redeem or purchase lands or lots forfeited for non-payment of
12 special assessments, $4 for each lot or tract.
13 For issuing certificate of sale of forfeited property,
14 $10.
15 For noting on collector's warrants tax sales subject to
16 redemption, 20¢ for each tract or lot of land, to be paid by
17 either the person making the redemption from tax sale, the
18 person surrendering the certificate of sale for cancellation,
19 or the person taking out tax deed.
20 For noting on collector's warrant special assessments
21 withdrawn from collection 20¢ for each tract or lot of land,
22 to be charged against the lot assessed in the withdrawn
23 special assessment when brought forward with current tax or
24 when redeemed by the county clerk. The county clerk shall
25 certify to the county collector the amount due from each
26 city, village or taxing body for such fees, each year, and
27 the county collector in his settlement with such taxing body
28 shall reserve such amount from the amount payable by him to
29 such taxing body.
30 For taking and approving official bond of a town
31 assessor, filing and recording same, and issuing certificate
32 of election or qualification to such official or to the
33 Secretary of State, $10, to be paid by the officer-elect.
34 For certified copies of plats, 20¢ for each lot shown in
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1 copy, but no charge less than $4.
2 For tax search and issuing Statement regarding same on
3 new plats to be recorded, $10.
4 For furnishing written description in conformity with
5 permanent real estate index number, $2 for each written
6 description.
7 The following fees shall be allowed for services in
8 matters of taxes and assessments, and shall be charged as
9 costs against the delinquent property, and collected with the
10 taxes thereon:
11 For entering judgment, 8¢ for each tract or lot.
12 For services in attending the tax sale and issuing
13 certificates of sale and sealing the same, $10 for each tract
14 or lot.
15 For making list of delinquent lands and town lots sold,
16 to be filed with the State Comptroller, 10¢ for each tract or
17 lot sold.
18 The following fees shall be audited and allowed by the
19 board of county commissioners and paid from the county
20 treasury.
21 For computing State or county taxes, on each description
22 of real estate and each person's, firm's or corporation's
23 personal property tax, for each extension of each tax, 4¢,
24 which shall include the transcribing of the collector's
25 books.
26 For computing, extending and bringing forward, and adding
27 to the current tax, the amount due for general taxes on lands
28 and lots previously forfeited to the State, for each
29 extension of each tax, 4¢ for the first year, and for
30 computing and extending the tax and penalty for each
31 additional year, 6¢.
32 For making duplicate or triplicate sets of books,
33 containing transcripts of taxable property, for the board of
34 assessors and board of review, 3¢ for each description
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1 entered in each book.
2 For filing, indexing and recording or binding each birth,
3 death or stillbirth certificate or report, 15¢, which fee
4 shall be in full for all services in connection therewith,
5 including the keeping of accounts with district registrars.
6 For posting new subdivisions or plats in official
7 atlases, 25¢ for each lot.
8 For compiling new sheets for atlases, 20¢ for each lot.
9 For compiling new atlases, including necessary record
10 searches, 25¢ for each lot.
11 For investigating and reporting on each new plat,
12 referred to county clerk, $2.
13 For attending sessions of the board of county
14 commissioners thereof, $5 per day, for each clerk in
15 attendance.
16 For recording proceedings of the board of county
17 commissioners, 15¢ per 100 words.
18 For filing papers which must be kept in office of
19 comptroller of Cook County, 10¢ for each paper filed.
20 For filing and indexing contracts, bonds, communications,
21 and other such papers which must be kept in office of
22 comptroller of Cook County, 15¢ for each document.
23 For swearing any person to necessary affidavits relating
24 to the correctness of claims against the county, 25¢.
25 For issuing warrants in payment of salaries, supplies and
26 other accounts, and all necessary auditing and bookkeeping
27 work in connection therewith, 10¢ each.
28 The fee requirements of this Section do not apply to
29 units of local government or school districts.
30 (Source: P.A. 86-962; 87-669.)
31 Section 10. The Vital Records Act is amended by changing
32 Section 25 as follows:
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1 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
2 Sec. 25. In accordance with Section 24 of this Act, and
3 the regulations adopted under that Section pursuant thereto:
4 (1) The State Registrar of Vital Records shall search
5 the files of birth, death, and fetal death records, upon
6 receipt of a written request and a fee of $10 from any
7 applicant entitled to such search. A search fee shall not be
8 required for commemorative birth certificates issued by the
9 State Registrar. If, upon search, the record requested is
10 found, the State Registrar shall furnish the applicant one
11 certification of such record, under the seal of such office.
12 If the request is for a certified copy of the record an
13 additional fee of $5 shall be required. If the request is
14 for a certified copy of a death certificate or a fetal death
15 certificate, an additional fee of $2 is required. The
16 additional fee shall be deposited into the Death Certificate
17 Surcharge Fund. A further fee of $2 shall be required for
18 each additional certification or certified copy requested.
19 If the requested record is not found, the State Registrar
20 shall furnish the applicant a certification attesting to that
21 fact, if so requested by the applicant. A further fee of $2
22 shall be required for each additional certification that no
23 record has been found.
24 Any local registrar or county clerk shall search the
25 files of birth, death and fetal death records, upon receipt
26 of a written request from any applicant entitled to such
27 search. If upon search the record requested is found, such
28 local registrar or county clerk shall furnish the applicant
29 one certification or certified copy of such record, under the
30 seal of such office. If the requested record is not found,
31 the local registrar or county clerk shall furnish the
32 applicant a certification attesting to that fact, if so
33 requested by the applicant. The local registrar or county
34 clerk may charge fees for providing services for which the
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1 State Registrar may charge fees under this Section, except
2 that such fees may not exceed the fees charged by the State
3 Registrar.
4 A request to any custodian of vital records for a search
5 of the death record indexes for genealogical research shall
6 require a fee of $10 per name for a 5 year search. An
7 additional fee of $1 for each additional year searched shall
8 be required. If the requested record is found, one
9 uncertified copy shall be issued without additional charge.
10 Any fee received by the State Registrar pursuant to this
11 Section which is of an insufficient amount may be returned by
12 the State Registrar upon his recording the receipt of such
13 fee and the reason for its return. The State Registrar is
14 authorized to maintain a 2 signature, revolving checking
15 account with a suitable commercial bank for the purpose of
16 depositing and withdrawing-for-return cash received and
17 determined insufficient for the service requested.
18 (2) The certification of birth may contain only the
19 name, sex, date of birth, and place of birth, of the person
20 to whom it relates, the name, age and birthplace of the
21 parents, and the file number; and none of the other data on
22 the certificate of birth except as authorized under
23 subsection (5) of this Section.
24 (3) The certification of death shall contain only the
25 name, Social Security Number, sex, date of death, and place
26 of death of the person to whom it relates, and file number;
27 and none of the other data on the certificate of death except
28 as authorized under subsection (5) of this Section.
29 (4) Certification or a certified copy of a certificate
30 shall be issued:
31 (a) Upon the order of a court of competent
32 jurisdiction; or
33 (b) In case of a birth certificate, upon the
34 specific written request for a certification or certified
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1 copy by the person, if of legal age, by a parent or other
2 legal representative of the person to whom the record of
3 birth relates, or by a person having a genealogical
4 interest; or
5 (c) Upon the specific written request for a
6 certification or certified copy by a department of the
7 state or a municipal corporation or the federal
8 government; or
9 (d) In case of a death or fetal death certificate,
10 upon specific written request for a certified copy by a
11 person, or his duly authorized agent, having a
12 genealogical, personal or property right interest in the
13 record.
14 A genealogical interest shall be a proper purpose with
15 respect to births which occurred not less than 75 years and
16 deaths which occurred not less than 20 years prior to the
17 date of written request. Where the purpose of the request is
18 a genealogical interest, the custodian shall stamp the
19 certification or copy with the words, FOR GENEALOGICAL
20 PURPOSES ONLY.
21 (5) Any certification or certified copy issued pursuant
22 to this Section shall show the date of registration; and
23 copies issued from records marked "delayed," "amended," or
24 "court order" shall be similarly marked and show the
25 effective date.
26 (6) Any certification or certified copy of a certificate
27 issued in accordance with this Section shall be considered as
28 prima facie evidence of the facts therein stated, provided
29 that the evidentiary value of a certificate or record filed
30 more than one year after the event, or a record which has
31 been amended, shall be determined by the judicial or
32 administrative body or official before whom the certificate
33 is offered as evidence.
34 (7) Any certification or certified copy issued pursuant
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1 to this Section shall be issued without charge when the
2 record is required by the United States Veterans
3 Administration or by any accredited veterans organization to
4 be used in determining the eligibility of any person to
5 participate in benefits available from such organization.
6 Requests for such copies must be in accordance with Sections
7 1 and 2 of "An Act to provide for the furnishing of copies of
8 public documents to interested parties," approved May 17,
9 1935, as now or hereafter amended.
10 (8) The National Vital Statistics Division, or any
11 agency which may be substituted therefor, may be furnished
12 such copies or data as it may require for national
13 statistics; provided that the State shall be reimbursed for
14 the cost of furnishing such data; and provided further that
15 such data shall not be used for other than statistical
16 purposes by the National Vital Statistics Division, or any
17 agency which may be substituted therefor, unless so
18 authorized by the State Registrar of Vital Records.
19 (9) Federal, State, local, and other public or private
20 agencies may, upon request, be furnished copies or data for
21 statistical purposes upon such terms or conditions as may be
22 prescribed by the Department.
23 (10) The State Registrar of Vital Records, at his
24 discretion and in the interest of promoting registration of
25 births, may issue, without fee, to the parents or guardian of
26 any or every child whose birth has been registered in
27 accordance with the provisions of this Act, a special notice
28 of registration of birth.
29 (11) No person shall prepare or issue any certificate
30 which purports to be an original, certified copy, or
31 certification of a certificate of birth, death, or fetal
32 death, except as authorized in this Act or regulations
33 adopted hereunder.
34 (12) A computer print-out of any record of birth, death
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1 or fetal record that may be certified under this Section may
2 be used in place of such certification and such computer
3 print-out shall have the same legal force and effect as a
4 certified copy of the document.
5 (13) The State Registrar may verify from the information
6 contained in the index maintained by the State Registrar the
7 authenticity of information on births, deaths, marriages and
8 dissolution of marriages provided to a federal agency or a
9 public agency of another state by a person seeking benefits
10 or employment from the agency, provided the agency pays a fee
11 of $10.
12 (14) The State Registrar may issue commemorative birth
13 certificates to persons eligible to receive birth
14 certificates under this Section upon the payment of a fee to
15 be determined by the State Registrar.
16 (Source: P.A. 90-144, eff. 7-23-97; 91-382, eff. 7-30-99.)
17 Section 15. The Clerks of Courts Act is amended by
18 changing Sections 27.2a, 27.3a, 27.3b, and 27.3c as follows:
19 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
20 Sec. 27.2a. The fees of the clerks of the circuit court
21 in all counties having a population of 3,000,000 or more
22 inhabitants in the instances described in this Section shall
23 be as provided in this Section. The fees must shall be paid
24 in advance and shall be as follows:
25 (a) Civil Cases.
26 The fee for filing a complaint, petition, or other
27 pleading initiating a civil action, with the following
28 exceptions, shall be $190.
29 (A) When the amount of money or damages or the
30 value of personal property claimed does not exceed
31 $250, $15.
32 (B) When that amount exceeds $250 but does not
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1 exceed $1000, $40.
2 (C) When that amount exceeds $1000 but does
3 not exceed $2500, $50.
4 (D) When that amount exceeds $2500 but does
5 not exceed $5000, $100.
6 (E) When that amount exceeds $5000 but does
7 not exceed $15,000, $150.
8 (F) For the exercise of eminent domain, $150.
9 For each additional lot or tract of land or right or
10 interest therein subject to be condemned, the
11 damages in respect to which shall require separate
12 assessment by a jury, $150.
13 (G) For the final determination of parking,
14 standing, and compliance violations and final
15 administrative decisions issued after hearings
16 regarding vehicle immobilization and impoundment
17 made pursuant to Sections 3-704.1, 6-306.5, and
18 11-208.3 of the Illinois Vehicle Code, $25.
19 (b) Forcible Entry and Detainer.
20 In each forcible entry and detainer case when the
21 plaintiff seeks possession only or unites with his or her
22 claim for possession of the property a claim for rent or
23 damages or both in the amount of $15,000 or less, $75.
24 When the plaintiff unites his or her claim for possession
25 with a claim for rent or damages or both exceeding
26 $15,000, $225.
27 (c) Counterclaim or Joining Third Party Defendant.
28 When any defendant files a counterclaim as part of
29 his or her answer or otherwise or joins another party as
30 a third party defendant, or both, the defendant shall pay
31 a fee for each counterclaim or third party action in an
32 amount equal to the fee he or she would have had to pay
33 had he or she brought a separate action for the relief
34 sought in the counterclaim or against the third party
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1 defendant, less the amount of the appearance fee, if that
2 has been paid.
3 (d) Confession of Judgment.
4 In a confession of judgment when the amount does not
5 exceed $1500, $60. When the amount exceeds $1500, but
6 does not exceed $5000, $75. When the amount exceeds
7 $5000, but does not exceed $15,000, $175. When the amount
8 exceeds $15,000, $250.
9 (e) Appearance.
10 The fee for filing an appearance in each civil case
11 shall be $75, except as follows:
12 (A) When the plaintiff in a forcible entry and
13 detainer case seeks possession only, $40.
14 (B) When the amount in the case does not
15 exceed $1500, $40.
16 (C) When that amount exceeds $1500 but does
17 not exceed $15,000, $60.
18 (f) Garnishment, Wage Deduction, and Citation.
19 In garnishment affidavit, wage deduction affidavit,
20 and citation petition when the amount does not exceed
21 $1,000, $15; when the amount exceeds $1,000 but does not
22 exceed $5,000, $30; and when the amount exceeds $5,000,
23 $50.
24 (g) Petition to Vacate or Modify.
25 (1) Petition to vacate or modify any final judgment
26 or order of court, except in forcible entry and detainer
27 cases and small claims cases or a petition to reopen an
28 estate, to modify, terminate, or enforce a judgment or
29 order for child or spousal support, or to modify,
30 suspend, or terminate an order for withholding, if filed
31 before 30 days after the entry of the judgment or order,
32 $50.
33 (2) Petition to vacate or modify any final judgment
34 or order of court, except a petition to modify,
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1 terminate, or enforce a judgment or order for child or
2 spousal support or to modify, suspend, or terminate an
3 order for withholding, if filed later than 30 days after
4 the entry of the judgment or order, $75.
5 (3) Petition to vacate order of bond forfeiture,
6 $40.
7 (h) Mailing.
8 When the clerk is required to mail, the fee will be
9 $10, plus the cost of postage.
10 (i) Certified Copies.
11 Each certified copy of a judgment after the first,
12 except in small claims and forcible entry and detainer
13 cases, $15.
14 (j) Habeas Corpus.
15 For filing a petition for relief by habeas corpus,
16 $125.
17 (k) Certification, Authentication, and Reproduction.
18 (1) Each certification or authentication for taking
19 the acknowledgment of a deed or other instrument in
20 writing with the seal of office, $6.
21 (2) Court appeals when original documents are
22 forwarded, under 100 pages, plus delivery and costs, $75.
23 (3) Court appeals when original documents are
24 forwarded, over 100 pages, plus delivery and costs, $150.
25 (4) Court appeals when original documents are
26 forwarded, over 200 pages, an additional fee of 25 cents
27 per page.
28 (5) For reproduction of any document contained in
29 the clerk's files:
30 (A) First page, $2.
31 (B) Next 19 pages, 50 cents per page.
32 (C) All remaining pages, 25 cents per page.
33 (l) Remands.
34 In any cases remanded to the Circuit Court from the
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1 Supreme Court or the Appellate Court for a new trial, the
2 clerk shall file the remanding order and reinstate the
3 case with either its original number or a new number.
4 The Clerk shall not charge any new or additional fee for
5 the reinstatement. Upon reinstatement the Clerk shall
6 advise the parties of the reinstatement. A party shall
7 have the same right to a jury trial on remand and
8 reinstatement as he or she had before the appeal, and no
9 additional or new fee or charge shall be made for a jury
10 trial after remand.
11 (m) Record Search.
12 For each record search, within a division or
13 municipal district, the clerk shall be entitled to a
14 search fee of $6 for each year searched.
15 (n) Hard Copy.
16 For each page of hard copy print output, when case
17 records are maintained on an automated medium, the clerk
18 shall be entitled to a fee of $6.
19 (o) Index Inquiry and Other Records.
20 No fee shall be charged for a single
21 plaintiff/defendant index inquiry or single case record
22 inquiry when this request is made in person and the
23 records are maintained in a current automated medium, and
24 when no hard copy print output is requested. The fees to
25 be charged for management records, multiple case records,
26 and multiple journal records may be specified by the
27 Chief Judge pursuant to the guidelines for access and
28 dissemination of information approved by the Supreme
29 Court.
30 (p) Commitment Petitions.
31 For filing commitment petitions under the Mental
32 Health and Developmental Disabilities Code, $50.
33 (q) Alias Summons.
34 For each alias summons or citation issued by the
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1 clerk, $5.
2 (r) Other Fees.
3 Any fees not covered in this Section shall be set by
4 rule or administrative order of the Circuit Court with
5 the approval of the Administrative Office of the Illinois
6 Courts.
7 The clerk of the circuit court may provide
8 additional services for which there is no fee specified
9 by statute in connection with the operation of the
10 clerk's office as may be requested by the public and
11 agreed to by the clerk and approved by the chief judge of
12 the circuit court. Any charges for additional services
13 shall be as agreed to between the clerk and the party
14 making the request and approved by the chief judge of the
15 circuit court. Nothing in this subsection shall be
16 construed to require any clerk to provide any service not
17 otherwise required by law.
18 (s) Jury Services.
19 The clerk shall be entitled to receive, in addition
20 to other fees allowed by law, the sum of $212.50, as a
21 fee for the services of a jury in every civil action not
22 quasi-criminal in its nature and not a proceeding for the
23 exercise of the right of eminent domain and in every
24 other action wherein the right of trial by jury is or may
25 be given by law. The jury fee shall be paid by the party
26 demanding a jury at the time of filing the jury demand.
27 If the fee is not paid by either party, no jury shall be
28 called in the action or proceeding, and the same shall be
29 tried by the court without a jury.
30 (t) Voluntary Assignment.
31 For filing each deed of voluntary assignment, $20;
32 for recording the same, 50¢ for each 100 words.
33 Exceptions filed to claims presented to an assignee of a
34 debtor who has made a voluntary assignment for the
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1 benefit of creditors shall be considered and treated, for
2 the purpose of taxing costs therein, as actions in which
3 the party or parties filing the exceptions shall be
4 considered as party or parties plaintiff, and the
5 claimant or claimants as party or parties defendant, and
6 those parties respectively shall pay to the clerk the
7 same fees as provided by this Section to be paid in other
8 actions.
9 (u) Expungement Petition.
10 The clerk shall be entitled to receive a fee of $60
11 for each expungement petition filed and an additional fee
12 of $4 for each certified copy of an order to expunge
13 arrest records.
14 (v) Probate.
15 The clerk is entitled to receive the fees specified in
16 this subsection (v), which shall be paid in advance, except
17 that, for good cause shown, the court may suspend, reduce, or
18 release the costs payable under this subsection:
19 (1) For administration of the estate of a decedent
20 (whether testate or intestate) or of a missing person,
21 $150, plus the fees specified in subsection (v)(3),
22 except:
23 (A) When the value of the real and personal
24 property does not exceed $15,000, the fee shall be
25 $40.
26 (B) When (i) proof of heirship alone is made,
27 (ii) a domestic or foreign will is admitted to
28 probate without administration (including proof of
29 heirship), or (iii) letters of office are issued for
30 a particular purpose without administration of the
31 estate, the fee shall be $40.
32 (2) For administration of the estate of a ward,
33 $75, plus the fees specified in subsection (v)(3),
34 except:
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1 (A) When the value of the real and personal
2 property does not exceed $15,000, the fee shall be
3 $40.
4 (B) When (i) letters of office are issued to a
5 guardian of the person or persons, but not of the
6 estate or (ii) letters of office are issued in the
7 estate of a ward without administration of the
8 estate, including filing or joining in the filing of
9 a tax return or releasing a mortgage or consenting
10 to the marriage of the ward, the fee shall be $20.
11 (3) In addition to the fees payable under
12 subsection (v)(1) or (v)(2) of this Section, the
13 following fees are payable:
14 (A) For each account (other than one final
15 account) filed in the estate of a decedent, or ward,
16 $25.
17 (B) For filing a claim in an estate when the
18 amount claimed is $150 or more but less than $500,
19 $20; when the amount claimed is $500 or more but
20 less than $10,000, $40; when the amount claimed is
21 $10,000 or more, $60; provided that the court in
22 allowing a claim may add to the amount allowed the
23 filing fee paid by the claimant.
24 (C) For filing in an estate a claim, petition,
25 or supplemental proceeding based upon an action
26 seeking equitable relief including the construction
27 or contest of a will, enforcement of a contract to
28 make a will, and proceedings involving testamentary
29 trusts or the appointment of testamentary trustees,
30 $60.
31 (D) For filing in an estate (i) the appearance
32 of any person for the purpose of consent or (ii) the
33 appearance of an executor, administrator,
34 administrator to collect, guardian, guardian ad
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1 litem, or special administrator, no fee.
2 (E) Except as provided in subsection
3 (v)(3)(D), for filing the appearance of any person
4 or persons, $30.
5 (F) For each jury demand, $137.50.
6 (G) For disposition of the collection of a
7 judgment or settlement of an action or claim for
8 wrongful death of a decedent or of any cause of
9 action of a ward, when there is no other
10 administration of the estate, $50, less any amount
11 paid under subsection (v)(1)(B) or (v)(2)(B) except
12 that if the amount involved does not exceed $5,000,
13 the fee, including any amount paid under subsection
14 (v)(1)(B) or (v)(2)(B), shall be $20.
15 (H) For each certified copy of letters of
16 office, of court order or other certification, $2,
17 plus $1 per page in excess of 3 pages for the
18 document certified.
19 (I) For each exemplification, $2, plus the fee
20 for certification.
21 (4) The executor, administrator, guardian,
22 petitioner, or other interested person or his or her
23 attorney shall pay the cost of publication by the clerk
24 directly to the newspaper.
25 (5) The person on whose behalf a charge is incurred
26 for witness, court reporter, appraiser, or other
27 miscellaneous fee shall pay the same directly to the
28 person entitled thereto.
29 (6) The executor, administrator, guardian,
30 petitioner, or other interested person or his or her
31 attorney shall pay to the clerk all postage charges
32 incurred by the clerk in mailing petitions, orders,
33 notices, or other documents pursuant to the provisions of
34 the Probate Act of 1975.
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1 (w) Criminal and Quasi-Criminal Costs and Fees.
2 (1) The clerk shall be entitled to costs in all
3 criminal and quasi-criminal cases from each person
4 convicted or sentenced to supervision therein as follows:
5 (A) Felony complaints, $125.
6 (B) Misdemeanor complaints, $75.
7 (C) Business offense complaints, $75.
8 (D) Petty offense complaints, $75.
9 (E) Minor traffic or ordinance violations,
10 $30.
11 (F) When court appearance required, $50.
12 (G) Motions to vacate or amend final orders,
13 $40.
14 (H) Motions to vacate bond forfeiture orders,
15 $30.
16 (I) Motions to vacate ex parte judgments,
17 whenever filed, $30.
18 (J) Motions to vacate judgment on forfeitures,
19 whenever filed, $25.
20 (K) Motions to vacate "failure to appear" or
21 "failure to comply" notices sent to the Secretary of
22 State, $40.
23 (2) In counties having a population of 3,000,000 or
24 more, when the violation complaint is issued by a
25 municipal police department, the clerk shall be entitled
26 to costs from each person convicted therein as follows:
27 (A) Minor traffic or ordinance violations,
28 $30.
29 (B) When court appearance required, $50.
30 (3) In ordinance violation cases punishable by fine
31 only, the clerk of the circuit court shall be entitled to
32 receive, unless the fee is excused upon a finding by the
33 court that the defendant is indigent, in addition to
34 other fees or costs allowed or imposed by law, the sum of
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1 $112.50 as a fee for the services of a jury. The jury
2 fee shall be paid by the defendant at the time of filing
3 his or her jury demand. If the fee is not so paid by the
4 defendant, no jury shall be called, and the case shall be
5 tried by the court without a jury.
6 (x) Transcripts of Judgment.
7 For the filing of a transcript of judgment, the
8 clerk shall be entitled to the same fee as if it were the
9 commencement of a new suit.
10 (y) Change of Venue.
11 (1) For the filing of a change of case on a change
12 of venue, the clerk shall be entitled to the same fee as
13 if it were the commencement of a new suit.
14 (2) The fee for the preparation and certification
15 of a record on a change of venue to another jurisdiction,
16 when original documents are forwarded, $40.
17 (z) Tax objection complaints.
18 For each tax objection complaint containing one or
19 more tax objections, regardless of the number of parcels
20 involved or the number of taxpayers joining in the
21 complaint, $50.
22 (aa) Tax Deeds.
23 (1) Petition for tax deed, if only one parcel is
24 involved, $250.
25 (2) For each additional parcel, add a fee of $100.
26 (bb) Collections.
27 (1) For all collections made of others, except the
28 State and county and except in maintenance or child
29 support cases, a sum equal to 3.0% of the amount
30 collected and turned over.
31 (2) Interest earned on any funds held by the clerk
32 shall be turned over to the county general fund as an
33 earning of the office.
34 (3) For any check, draft, or other bank instrument
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1 returned to the clerk for non-sufficient funds, account
2 closed, or payment stopped, $25.
3 (4) In child support and maintenance cases, the
4 clerk, if authorized by an ordinance of the county board,
5 may collect an annual fee of up to $36 from the person
6 making payment for maintaining child support records and
7 the processing of support orders to the State of Illinois
8 KIDS system and the recording of payments issued by the
9 State Disbursement Unit for the official record of the
10 Court. This fee shall be in addition to and separate
11 from amounts ordered to be paid as maintenance or child
12 support and shall be deposited into a Separate
13 Maintenance and Child Support Collection Fund, of which
14 the clerk shall be the custodian, ex-officio, to be used
15 by the clerk to maintain child support orders and record
16 all payments issued by the State Disbursement Unit for
17 the official record of the Court. The clerk may recover
18 from the person making the maintenance or child support
19 payment any additional cost incurred in the collection of
20 this annual fee.
21 The clerk shall also be entitled to a fee of $5 for
22 certifications made to the Secretary of State as provided
23 in Section 7-703 of the Family Financial Responsibility
24 Law and these fees shall also be deposited into the
25 Separate Maintenance and Child Support Collection Fund.
26 (cc) Corrections of Numbers.
27 For correction of the case number, case title, or
28 attorney computer identification number, if required by
29 rule of court, on any document filed in the clerk's
30 office, to be charged against the party that filed the
31 document, $25.
32 (dd) Exceptions.
33 (1) The fee requirements of this Section shall not
34 apply to police departments or other law enforcement
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1 agencies. In this Section, "law enforcement agency"
2 means an agency of the State or a unit of local
3 government which is vested by law or ordinance with the
4 duty to maintain public order and to enforce criminal
5 laws or ordinances. "Law enforcement agency" also means
6 the Attorney General or any state's attorney.
7 (2) No fee provided herein shall be charged to any
8 unit of local government or school district. The fee
9 requirements of this Section shall not apply to any
10 action instituted under subsection (b) of Section 11-31-1
11 of the Illinois Municipal Code by a private owner or
12 tenant of real property within 1200 feet of a dangerous
13 or unsafe building seeking an order compelling the owner
14 or owners of the building to take any of the actions
15 authorized under that subsection.
16 (ee) Adoption.
17 (1) For an adoption.............................$65
18 (2) Upon good cause shown, the court may waive the
19 adoption filing fee in a special needs adoption. The
20 term "special needs adoption" shall have the meaning
21 ascribed to it by the Illinois Department of Children and
22 Family Services.
23 (ff) Adoption exemptions.
24 No fee other than that set forth in subsection (ee)
25 shall be charged to any person in connection with an
26 adoption proceeding.
27 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
28 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff.
29 6-13-00.)
30 (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
31 Sec. 27.3a. Fees for automated record keeping.
32 1. The expense of establishing and maintaining automated
33 record keeping systems in the offices of the clerks of the
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1 circuit court shall be borne by the county. To defray that
2 such expense in any county having established such an
3 automated system or which elects to establish such a system,
4 the county board may require the clerk of the circuit court
5 in their county to charge and collect a court automation fee
6 of not less than $1 nor more than $5 to be charged and
7 collected by the clerk of the court. Such fee shall be paid
8 at the time of filing the first pleading, paper or other
9 appearance filed by each party in all civil cases or by the
10 defendant in any felony, traffic, misdemeanor, municipal
11 ordinance, or conservation case upon a judgment of guilty or
12 grant of supervision, provided that the record keeping system
13 which processes the case category for which the fee is
14 charged is automated or has been approved for automation by
15 the county board, and provided further that no additional fee
16 shall be required if more than one party is presented in a
17 single pleading, paper or other appearance. Such fee shall
18 be collected in the manner in which all other fees or costs
19 are collected.
20 2. Each clerk shall commence such charges and
21 collections upon receipt of written notice from the chairman
22 of the county board together with a certified copy of the
23 board's resolution, which the clerk shall file of record in
24 his office.
25 3. Such fees shall be in addition to all other fees and
26 charges of such clerks, and assessable as costs, and may be
27 waived only if the judge specifically provides for the waiver
28 of the court automation fee. The fees shall be remitted
29 monthly by such clerk to the county treasurer, to be retained
30 by him in a special fund designated as the court automation
31 fund. The fund shall be audited by the county auditor, and
32 the board shall make expenditure from the fund in payment of
33 any cost related to the automation of court records,
34 including hardware, software, research and development costs
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1 and personnel related thereto, provided that the expenditure
2 is approved by the clerk of the court and by the chief judge
3 of the circuit court or his designate.
4 4. Such fees shall not be charged in any matter coming
5 to any such clerk on change of venue, nor in any proceeding
6 to review the decision of any administrative officer, agency
7 or body.
8 (Source: P.A. 87-669; 87-670; 87-671; 87-838; 87-1230.)
9 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
10 Sec. 27.3b. The clerk of court may accept payment of
11 fines, penalties, or costs by credit card or debit card
12 approved by the clerk from an offender who has been convicted
13 of or placed on court supervision for a traffic offense,
14 petty offense, ordinance offense, or misdemeanor or who has
15 been convicted of a felony offense. The clerk of the court
16 may also accept payment of statutory fees by a credit card or
17 debit card. The clerk of the court may also accept the
18 credit card or debit card for the cash deposit of bail bond
19 fees up to $300.
20 The Clerk of the circuit court may is authorized to enter
21 into contracts with credit card or debit card companies
22 approved by the clerk and to pay those companies fees
23 normally charged by those companies for allowing the clerk of
24 the circuit court to accept their credit cards or debit cards
25 in payment as authorized herein. Where the offender pays
26 fines, penalties, or costs by credit card or debit card, or
27 anyone paying statutory fees of the circuit court clerk or
28 the posting of cash bail, the clerk shall collect a service
29 fee of up to $5 or the amount charged to the clerk for use of
30 its services by the credit card or debit card issuer. This
31 service fee shall be in addition to any other fines,
32 penalties, or costs.
33 (Source: P.A. 91-733, eff. 1-1-01.)
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1 (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
2 Sec. 27.3c. Document storage system; fees.
3 (a) The expense of establishing and maintaining a
4 document storage system in the offices of the circuit court
5 clerks in the several counties of this State shall be borne
6 by the county. To defray the expense in any county that
7 elects to establish a document storage system and convert the
8 records of the circuit court clerk to electronic or
9 micrographic storage, the county board may require the clerk
10 of the circuit court in its county to collect a court
11 document fee of not less than $1 nor more than $5, to be
12 charged and collected by the clerk of the court. The fee
13 shall be paid at the time of filing the first pleading,
14 paper, or other appearance filed by each party in all civil
15 cases or by the defendant in any felony, misdemeanor,
16 traffic, ordinance, or conservation matter on a judgment of
17 guilty or grant of supervision, provided that the document
18 storage system is in place or has been authorized by the
19 county board and further that no additional fee shall be
20 required if more than one party is presented in a single
21 pleading, paper, or other appearance. The fee shall be
22 collected in the manner in which all other fees or costs are
23 collected. The court document fee provided in this
24 subsection (a) shall not apply to any petty offense moving
25 violation written by a municipal police department in
26 counties having a population of more than 650,000 but less
27 than 3,000,000 inhabitants whether written under the Illinois
28 Vehicle Code or under any municipal ordinance.
29 (b) Each clerk shall commence charges and collections of
30 a court document fee upon receipt of written notice from the
31 chairman of the county board together with a certified copy
32 of the board's resolution, which the clerk shall file of
33 record in his or her office.
34 (c) Court document fees shall be in addition to other
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1 fees and charges of the clerk, shall be assessable as costs,
2 and may be waived only if the judge specifically provides for
3 the waiver of the court document storage fee. The fees shall
4 be remitted monthly by the clerk to the county treasurer, to
5 be retained by the treasurer in a special fund designated as
6 the Court Document Storage Fund. The fund shall be audited
7 by the county auditor, and the board shall make expenditures
8 from the fund in payment of any costs relative to the storage
9 of court records, including hardware, software, research and
10 development costs, and related personnel, provided that the
11 expenditure is approved by the clerk of the circuit court.
12 (d) A court document fee shall not be charged in any
13 matter coming to the clerk on change of venue or in any
14 proceeding to review the decision of any administrative
15 officer, agency, or body.
16 (Source: P.A. 86-1386; 87-670.)