093_HB2504eng

 
HB2504 Engrossed                     LRB093 07707 LCB 07895 b

 1        AN ACT concerning fees.

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

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

 6        (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
 7        Sec. 27.1.  The fees of the Clerk of the Circuit Court in
 8    all  counties  having  a population of 180,000 inhabitants or
 9    less shall be paid in advance, except as otherwise  provided,
10    and shall be as follows:
11    (a)  Civil Cases.
12             (1)  All   civil  cases  except  as  otherwise
13        provided...........................................   $40
14             (2)  Judicial Sales (except Probate)..........   $40
15    (b)  Family.
16             (1)  Commitment  petitions  under  the  Mental
17        Health and Developmental Disabilities Code,  filing
18        transcript   of   commitment  proceedings  held  in
19        another county, and cases under the Juvenile  Court
20        Act of 1987........................................   $25
21             (2)  Petition for Marriage Licenses...........   $10
22             (3)  Marriages in Court.......................   $10
23             (4)  Paternity................................   $40
24    (c)  Criminal and Quasi-Criminal.
25             (1)  Each person convicted of a felony........   $40
26             (2)  Each  person  convicted of a misdemeanor,
27        leaving  scene  of  an  accident,   driving   while
28        intoxicated,   reckless  driving  or  drag  racing,
29        driving  when   license   revoked   or   suspended,
30        overweight,  or no interstate commerce certificate,
31        or when the disposition is court supervision.......   $25
 
HB2504 Engrossed            -2-      LRB093 07707 LCB 07895 b
 1             (3)  Each  person  convicted  of  a   business
 2        offense............................................   $25
 3             (4)  Each person convicted of a petty offense.   $25
 4             (5)  Minor    traffic,    conservation,     or
 5        ordinance  violation,  including without limitation
 6        when the  disposition  is  court  supervision:
 7                  (i)  For each offense....................   $10
 8                  (ii)  For  each  notice   sent   to   the
 9        defendant's   last   known   address   pursuant  to
10        subsection (c) of Section 6-306.4 of  the  Illinois
11        Vehicle Code.......................................    $2
12                  (iii)  For   each   notice  sent  to  the
13        Secretary of State pursuant to  subsection  (c)  of
14        Section 6-306.4 of the Illinois Vehicle Code.......    $2
15             (6)  When Court Appearance required...........   $15
16             (7)  Motions to vacate or amend final orders..   $10
17             (8)  In  ordinance  violation cases punishable
18        by fine only, the clerk of the circuit court  shall
19        be  entitled  to receive, unless the fee is excused
20        upon a finding by the court that the  defendant  is
21        indigent,  in  addition  to  other  fees  or  costs
22        allowed  or  imposed by law, the sum of $62.50 as a
23        fee for the services of a jury.  The jury fee shall
24        be paid by the defendant at the time of filing  his
25        or  her  jury demand.  If the fee is not so paid by
26        the defendant, no jury shall  be  called,  and  the
27        case shall be tried by the court without a jury.
28    (d)  Other Civil Cases.
29             (1)  Money  or  personal property claimed does
30        not exceed $500....................................   $10
31             (2)  Exceeds $500 but not more than $10,000...   $25
32             (3)  Exceeds $10,000, when relief in  addition
33        to  or  supplemental  to recovery of money alone is
34        sought in an action to  recover  personal  property
 
HB2504 Engrossed            -3-      LRB093 07707 LCB 07895 b
 1        taxes  or  retailers occupational tax regardless of
 2        amount claimed.....................................   $45
 3             (4)  The Clerk of the Circuit Court  shall  be
 4        entitled  to  receive,  in  addition  to other fees
 5        allowed by law, the sum of $62.50, as a fee for the
 6        services of  a  jury  in  every  civil  action  not
 7        quasi-criminal  in  its nature and not a proceeding
 8        for the exercise of the right  of  eminent  domain,
 9        and  in every equitable action wherein the right of
10        trial by jury is or may be given by law.  The  jury
11        fee  shall be paid by the party demanding a jury at
12        the time of filing his jury demand.  If such a  fee
13        is  not  paid  by  either  party,  no jury shall be
14        called in the action, suit, or proceeding, and  the
15        same shall be tried by the court without a jury.
16    (e)  Confession of judgment and answer.
17             (1)  When the amount does not exceed $1,000...   $20
18             (2)  Exceeds $1,000...........................   $40
19    (f)  Auxiliary Proceedings.
20             Any   auxiliary  proceeding  relating  to  the
21        collection   of   a   money   judgment,   including
22        garnishment, citation, or wage deduction action....    $5
23    (g)  Forcible entry and detainer.
24             (1)  For possession  only  or  possession  and
25        rent not in excess of $10,000......................   $10
26             (2)  For  possession  and  rent  in  excess of
27        $10,000............................................   $40
28    (h)  Eminent Domain.
29             (1)  Exercise of Eminent Domain...............   $45
30             (2)  For each and every lot or tract  of  land
31        or   right   or  interest  therein  subject  to  be
32        condemned, the damages in respect  to  which  shall
33        require separate assessments by a jury.............   $45
34    (i)  Reinstatement.
 
HB2504 Engrossed            -4-      LRB093 07707 LCB 07895 b
 1             Each  case including petition for modification
 2        of a judgment or order of Court if filed later than
 3        30 days after the entry of  a  judgment  or  order,
 4        except  in  forcible  entry  and detainer cases and
 5        small claims  and  except  a  petition  to  modify,
 6        terminate,  or  enforce  a  judgement  or order for
 7        child or spousal support or to modify, suspend,  or
 8        terminate  an  order  for  withholding, petition to
 9        vacate  judgment   of   dismissal   for   want   of
10        prosecution  whenever  filed, petition to reopen an
11        estate, or redocketing of any cause................   $20
12    (j)  Probate.
13             (1)  Administration  of  decedent's   estates,
14        whether  testate or intestate, guardianships of the
15        person or estate or both of a  person  under  legal
16        disability,  guardianships  of the person or estate
17        or both of a minor or minors, or petitions to  sell
18        real estate in the administration of any estate....   $50
19             (2)  Small estates in cases where the real and
20        personal  property  of  an  estate  does not exceed
21        $5,000.............................................   $25
22             (3)  At any time during the administration  of
23        the  estate,  however, at the request of the Clerk,
24        the Court shall examine the record  of  the  estate
25        and  the  personal  representative to determine the
26        total value of the real and  personal  property  of
27        the  estate, and if such value exceeds $5,000 shall
28        order the payment  of  an  additional  fee  in  the
29        amount of..........................................   $40
30             (4)  Inheritance tax proceedings..............   $15
31             (5)  Issuing   letters   only  for  a  certain
32        specific reason other than the administration of an
33        estate, including but not limited to the release of
34        mortgage; the issue of letters of  guardianship  in
 
HB2504 Engrossed            -5-      LRB093 07707 LCB 07895 b
 1        order  that  consent  to marriage may be granted or
 2        for some other specific reason other than  for  the
 3        care  of  property  or  person;  proof  of heirship
 4        without administration; or when a  will  is  to  be
 5        admitted  to  probate,  but  the  estate  is  to be
 6        settled without administration.....................   $10
 7             (6)  When a separate complaint relating to any
 8        matter other than a routine claim is  filed  in  an
 9        estate,   the  required  additional  fee  shall  be
10        charged for such filing............................   $45
11    (k)  Change of Venue.
12             From a court, the charge is the same amount as
13        the original  filing  fee;  however,  the  fee  for
14        preparation  and  certification of record on change
15        of venue, when original  documents  or  copies  are
16        forwarded..........................................   $10
17    (l)  Answer, adverse pleading, or appearance.
18             In civil cases................................   $15
19             With the following exceptions:
20             (1)  When the amount does not exceed $500.....    $5
21             (2)  When amount exceeds $500 but not $10,000.   $10
22             (3)  When amount exceeds $10,000..............   $15
23             (4)  Court    appeals   when   documents   are
24        forwarded, over 200 pages, additional fee per  page
25        over 200...........................................   10¢
26    (m)  Tax objection complaints.
27             For  each  tax  objection complaint containing
28        one or  more  tax  objections,  regardless  of  the
29        number   of  parcels  involved  or  the  number  of
30        taxpayers joining the complaint....................   $10
31    (n)  Tax deed.
32             (1)  Petition for tax deed, if only one parcel
33        is involved........................................   $45
34             (2)  For each additional parcel  involved,  an
 
HB2504 Engrossed            -6-      LRB093 07707 LCB 07895 b
 1        additional fee of..................................   $10
 2    (o)  Mailing Notices and Processes.
 3             (1)  All notices that the clerk is required to
 4        mail as first class mail...........................    $2
 5             (2)  For all processes or notices the Clerk is
 6        required  to  mail by certified or registered mail,
 7        the fee will be $2 plus cost of postage.
 8    (p)  Certification or Authentication.
 9             (1)  Each certification or authentication  for
10        taking  the  acknowledgement  of  a  deed  or other
11        instrument in writing with seal of office..........    $2
12             (2)  Court appeals when original documents are
13        forwarded, 100 pages or under, plus delivery costs.   $25
14             (3)  Court appeals when original documents are
15        forwarded, over 100 pages, plus delivery costs.....   $60
16             (4)  Court appeals when original documents are
17        forwarded, over 200 pages, additional fee per  page
18        over 200...........................................   10¢
19    (q)  Reproductions.
20             Each   record  of  proceedings  and  judgment,
21        whether  on  appeal,  change  of  venue,  certified
22        copies of  orders  and  judgments,  and  all  other
23        instruments, documents, records, or papers:
24                  (1)  First page..........................    $1
25                  (2)  Next 19 pages, per page.............   50¢
26                  (3)  All remaining pages, per page.......   25¢
27    (r)  Counterclaim.
28             When  any  defendant  files  a counterclaim as
29        part of his or her answer or otherwise,   or  joins
30        another  party as a third party defendant, or both,
31        he  or  she  shall  pay  a  fee   for   each   such
32        counterclaim  or  third  party  action in an amount
33        equal to the fee he or she would have  had  to  pay
34        had  he  or  she  brought a separate action for the
 
HB2504 Engrossed            -7-      LRB093 07707 LCB 07895 b
 1        relief sought in the counterclaim  or  against  the
 2        third  party  defendant,  less  the  amount  of the
 3        appearance fee, if that has been paid.
 4    (s)  Transcript of Judgment.
 5             From  a  court,  the  same  fee  as  if   case
 6        originally filed.
 7    (t)  Publications.
 8             The cost of publication shall be paid directly
 9        to   the   publisher  by  the  person  seeking  the
10        publication, whether the clerk is required  by  law
11        to publish, or the parties to the action.
12    (u)  Collections.
13             (1)  For  all  collections  made  for  others,
14        except   the   State   and  County  and  except  in
15        maintenance or child support cases, a sum equal  to
16        2% of the amount collected and turned over.
17             (2)  In  any  cases  remanded  to  the Circuit
18        Court from  the  Supreme  Court  or  the  Appellate
19        Court, the Clerk shall file the remanding order and
20        reinstate  the case with either its original number
21        or a new number.  The Clerk shall  not  charge  any
22        new  or additional fee for the reinstatement.  Upon
23        reinstatement the Clerk shall advise the parties of
24        the reinstatement.  A party  shall  have  the  same
25        right  to  a jury trial on remand and reinstatement
26        as  he  or  she  had  before  the  appeal,  and  no
27        additional or new fee or charge shall be made for a
28        jury trial after remand.
29             (3)  In maintenance and child support matters,
30        the Clerk may deduct from each  payment  an  amount
31        equal  to  the  United States postage to be used in
32        mailing the maintenance or child support  check  to
33        the  recipient.  In  such  cases,  the  Clerk shall
34        collect an annual fee of up to $36 from the  person
 
HB2504 Engrossed            -8-      LRB093 07707 LCB 07895 b
 1        making  such  payment for maintaining child support
 2        records and the processing of support orders to the
 3        State of Illinois KIDS system and the recording  of
 4        payments  issued by the State Disbursement Unit for
 5        the official record of the Court. Such sum shall be
 6        in addition to and separate from amounts ordered to
 7        be paid as maintenance or child support  and  shall
 8        be  deposited  in  a separate Maintenance and Child
 9        Support Collection Fund of which the Clerk shall be
10        the custodian, ex officio, to be used by the  Clerk
11        to  maintain  child  support  orders and record all
12        payments issued by the State Disbursement Unit  for
13        the  official  record  of the Court. Unless paid in
14        cash or pursuant to an order for  withholding,  the
15        payment   of   the  fee  shall  be  by  a  separate
16        instrument from the support payment  and  shall  be
17        made  to  the  order  of  the  Clerk. The Clerk may
18        recover from the person making the  maintenance  or
19        child  support payment any additional cost incurred
20        in the collection of this annual fee.
21             (4)  Interest earned on any funds held by  the
22        clerk  shall  be  turned over to the county general
23        fund as an earning of the office.
24             The Clerk shall also be entitled to a  fee  of
25        $5  for  certifications  made  to  the Secretary of
26        State as provided in Section 7-703  of  the  Family
27        Financial  Responsibility  Law and these fees shall
28        also be deposited into the Separate Maintenance and
29        Child Support Collection Fund.
30    (v)  Correction of Cases.
31             For correcting the case number or  case  title
32        on  any document filed in his office, to be charged
33        against the party that filed the document..........   $10
34    (w)  Record Search.
 
HB2504 Engrossed            -9-      LRB093 07707 LCB 07895 b
 1             For searching a record, per year searched.....    $4
 2    (x)  Printed Output.
 3             For each page of hard copy print output,  when
 4        case records are maintained on an automated medium.    $2
 5    (y)  Alias Summons.
 6             For each alias summons issued.................    $2
 7    (z)  Expungement of Records.
 8             For each expungement petition filed...........   $15
 9    (aa)  Other Fees.
10             Any fees not covered by this Section shall be set by
11        rule  or  administrative order of the Circuit Court, with
12        the approval of the Supreme Court.
13    (bb)  Exemptions.
14             No fee provided for herein shall be charged  to  any
15        unit  of  State  or  local  government or school district
16        unless the Court orders another party to pay such fee  on
17        its  behalf.  The  fee requirements of this Section shall
18        not apply to police departments or other law  enforcement
19        agencies. In this Section, "law enforcement agency" means
20        an agency of the State or a unit of local government that
21        is  vested  by law or ordinance with the duty to maintain
22        public order and to enforce criminal laws and ordinances.
23        The fee requirements of this Section shall not  apply  to
24        any  action  instituted  under  subsection (b) of Section
25        11-31-1 of the Illinois Municipal Code by a private owner
26        or  tenant  of  real  property  within  1200  feet  of  a
27        dangerous or unsafe building seeking an order  compelling
28        the  owner  or  owners of the building to take any of the
29        actions authorized under that subsection.
30    (cc)  Adoptions.
31             (1)  For an adoption.............................$65
32             (2)  Upon good cause shown, the court may waive  the
33        adoption  filing  fee  in  a special needs adoption.  The
34        term "special needs  adoption"  shall  have  the  meaning
 
HB2504 Engrossed            -10-     LRB093 07707 LCB 07895 b
 1        ascribed to it by the Illinois Department of Children and
 2        Family Services.
 3    (dd)  Adoption exemptions.
 4             No  fee other than that set forth in subsection (cc)
 5        shall be charged to any  person  in  connection  with  an
 6        adoption  proceeding  nor  may  any  fee  be  charged for
 7        proceedings  for  the  appointment  of   a   confidential
 8        intermediary under the Adoption Act.
 9    (ee)  Additional Services.
10             Beginning  July  1,  1993,  the clerk of the circuit
11        court may provide  such  additional  services  for  which
12        there  is  no fee specified by statute in connection with
13        the operation of the clerk's office as may  be  requested
14        by  the  public  and  agreed  to by the public and by the
15        clerk and approved  by the chief  judge  of  the  circuit
16        court.   Any  charges for additional services shall be as
17        agreed to between the clerk  and  the  party  making  the
18        request  and  approved  by the chief judge of the circuit
19        court.   Nothing in this subsection shall be construed to
20        require any clerk to provide any  service  not  otherwise
21        required by law.
22    (ff)  Returned checks.
23             For  each  check  delivered to the clerk that is not
24        honored on 2 occasions by the financial institution  upon
25        which  it  is  drawn because of insufficient funds in the
26        account, because the account is closed, because there  is
27        no  account, or because a stop payment has been placed on
28        the check, in addition to the amount already owed....$25.
29    (Source: P.A. 91-165,  eff.  7-16-99;  91-321,  eff.  1-1-00;
30    91-357,  eff.  7-29-99;  91-612,  eff.  10-1-99;  92-16, eff.
31    6-28-01; 92-114, eff. 1-1-02.)

32        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
33        Sec. 27.1a.  The fees of the clerks of the circuit  court
 
HB2504 Engrossed            -11-     LRB093 07707 LCB 07895 b
 1    in  all counties having a population in excess of 180,000 but
 2    not more than 500,000 inhabitants in the instances  described
 3    in  this  Section  shall be as provided in this Section.  The
 4    fees shall be paid in advance and shall be as follows:
 5    (a)  Civil Cases.
 6             The fee for filing a complaint, petition,  or  other
 7        pleading  initiating  a  civil action, with the following
 8        exceptions, shall be $150.
 9                  (A)  When the amount of money or damages or the
10             value of personal property claimed does  not  exceed
11             $250, $10.
12                  (B)  When that amount exceeds $250 but does not
13             exceed $500, $20.
14                  (C)  When that amount exceeds $500 but does not
15             exceed $2500, $30.
16                  (D)  When  that  amount  exceeds $2500 but does
17             not exceed $15,000, $75.
18                  (E)  For the exercise of eminent domain,  $150.
19             For each additional lot or tract of land or right or
20             interest   therein  subject  to  be  condemned,  the
21             damages in respect to which shall  require  separate
22             assessment by a jury, $150.
23    (a-1)  Family.
24             For  filing  a petition under the Juvenile Court Act
25        of 1987, $25.
26             For filing a petition for a marriage license, $10.
27             For performing a marriage in court, $10.
28             For filing a petition under the  Illinois  Parentage
29        Act of 1984, $40.
30    (b)  Forcible Entry and Detainer.
31             In  each  forcible  entry and detainer case when the
32        plaintiff seeks possession only or unites with his or her
33        claim for possession of the property a claim for rent  or
34        damages  or  both  in the amount of $15,000 or less, $40.
 
HB2504 Engrossed            -12-     LRB093 07707 LCB 07895 b
 1        When the plaintiff unites his or her claim for possession
 2        with a claim  for  rent  or  damages  or  both  exceeding
 3        $15,000, $150.
 4    (c)  Counterclaim or Joining Third Party Defendant.
 5             When  any  defendant files a counterclaim as part of
 6        his or her answer or otherwise or joins another party  as
 7        a third party defendant, or both, the defendant shall pay
 8        a  fee  for each counterclaim or third party action in an
 9        amount equal to the fee he or she would have had  to  pay
10        had  he  or  she brought a separate action for the relief
11        sought in the counterclaim or  against  the  third  party
12        defendant, less the amount of the appearance fee, if that
13        has been paid.
14    (d)  Confession of Judgment.
15             In a confession of judgment when the amount does not
16        exceed  $1500,  $50.  When  the amount exceeds $1500, but
17        does not exceed $15,000, $115. When  the  amount  exceeds
18        $15,000, $200.
19    (e)  Appearance.
20             The  fee for filing an appearance in each civil case
21        shall be $50, except as follows:
22                  (A)  When the plaintiff in a forcible entry and
23             detainer case seeks possession only, $20.
24                  (B)  When the  amount  in  the  case  does  not
25             exceed $1500, $20.
26                  (C)  When  that  amount  exceeds $1500 but does
27             not exceed $15,000, $40.
28    (f)  Garnishment, Wage Deduction, and Citation.
29             In garnishment affidavit, wage deduction  affidavit,
30        and  citation  petition  when  the amount does not exceed
31        $1,000, $10; when the amount exceeds $1,000 but does  not
32        exceed  $5,000,  $20; and when the amount exceeds $5,000,
33        $30.
34    (g)  Petition to Vacate or Modify.
 
HB2504 Engrossed            -13-     LRB093 07707 LCB 07895 b
 1             (1)  Petition to vacate or modify any final judgment
 2        or order of court, except in forcible entry and  detainer
 3        cases  and  small claims cases or a petition to reopen an
 4        estate, to modify, terminate, or enforce  a  judgment  or
 5        order  for  child  or  spousal  support,  or  to  modify,
 6        suspend,  or terminate an order for withholding, if filed
 7        before 30 days after the entry of the judgment or  order,
 8        $40.
 9             (2)  Petition to vacate or modify any final judgment
10        or   order   of  court,  except  a  petition  to  modify,
11        terminate, or enforce a judgment or order  for  child  or
12        spousal  support  or  to modify, suspend, or terminate an
13        order for withholding, if filed later than 30 days  after
14        the entry of the judgment or order, $60.
15             (3)  Petition  to  vacate  order of bond forfeiture,
16        $20.
17    (h)  Mailing.
18             When the clerk is required to mail, the fee will  be
19        $6, plus the cost of postage.
20    (i)  Certified Copies.
21             Each  certified  copy of a judgment after the first,
22        except in small claims and forcible  entry  and  detainer
23        cases, $10.
24    (j)  Habeas Corpus.
25             For  filing  a petition for relief by habeas corpus,
26        $80.
27    (k)  Certification, Authentication, and Reproduction.
28             (1)  Each certification or authentication for taking
29        the acknowledgment of  a  deed  or  other  instrument  in
30        writing with the seal of office, $4.
31             (2)  Court   appeals  when  original  documents  are
32        forwarded, under 100 pages, plus delivery and costs, $50.
33             (3)  Court  appeals  when  original  documents   are
34        forwarded, over 100 pages, plus delivery and costs, $120.
 
HB2504 Engrossed            -14-     LRB093 07707 LCB 07895 b
 1             (4)  Court   appeals  when  original  documents  are
 2        forwarded, over 200 pages, an additional fee of 20  cents
 3        per page.
 4             (5)  For  reproduction  of any document contained in
 5        the clerk's files:
 6                  (A)  First page, $2.
 7                  (B)  Next 19 pages, 50 cents per page.
 8                  (C)  All remaining pages, 25 cents per page.
 9    (l)  Remands.
10             In any cases remanded to the Circuit Court  from the
11        Supreme Court or the Appellate Court for a new trial, the
12        clerk shall file the remanding order  and  reinstate  the
13        case with either its original number or a new number. The
14        Clerk  shall not charge any new or additional fee for the
15        reinstatement. Upon reinstatement the Clerk shall  advise
16        the parties of the reinstatement.  A party shall have the
17        same right to a jury trial on remand and reinstatement as
18        he or she had before the appeal, and no additional or new
19        fee  or  charge  shall  be  made  for  a jury trial after
20        remand.
21    (m)  Record Search.
22             For  each  record  search,  within  a  division   or
23        municipal  district,  the  clerk  shall  be entitled to a
24        search fee of $4 for each year searched.
25    (n)  Hard Copy.
26             For each page of hard copy print output,  when  case
27        records  are maintained on an automated medium, the clerk
28        shall be entitled to a fee of $4.
29    (o)  Index Inquiry and Other Records.
30             No   fee   shall   be   charged   for    a    single
31        plaintiff/defendant  index  inquiry or single case record
32        inquiry when this request  is  made  in  person  and  the
33        records are maintained in a current automated medium, and
34        when no hard copy print output is requested.  The fees to
 
HB2504 Engrossed            -15-     LRB093 07707 LCB 07895 b
 1        be charged for management records, multiple case records,
 2        and  multiple  journal  records  may  be specified by the
 3        Chief Judge pursuant to the  guidelines  for  access  and
 4        dissemination  of  information  approved  by  the Supreme
 5        Court.
 6    (p)  Commitment Petitions.
 7             For filing commitment  petitions  under  the  Mental
 8        Health and Developmental Disabilities Code and for filing
 9        a  transcript  of  commitment proceedings held in another
10        county, $25.
11    (q)  Alias Summons.
12             For each alias summons or  citation  issued  by  the
13        clerk, $4.
14    (r)  Other Fees.
15             Any fees not covered in this Section shall be set by
16        rule  or  administrative  order of the Circuit Court with
17        the approval of the Administrative Office of the Illinois
18        Courts.
19             The  clerk  of  the  circuit   court   may   provide
20        additional  services  for which there is no fee specified
21        by statute  in  connection  with  the  operation  of  the
22        clerk's  office  as  may  be  requested by the public and
23        agreed to by the clerk and approved by the chief judge of
24        the circuit court.  Any charges for  additional  services
25        shall  be  as  agreed  to between the clerk and the party
26        making the request and approved by the chief judge of the
27        circuit court.   Nothing  in  this  subsection  shall  be
28        construed to require any clerk to provide any service not
29        otherwise required by law.
30    (s)  Jury Services.
31             The  clerk shall be entitled to receive, in addition
32        to other fees allowed by law, the sum of  $192.50,  as  a
33        fee  for the services of a jury in every civil action not
34        quasi-criminal in its nature and not a proceeding for the
 
HB2504 Engrossed            -16-     LRB093 07707 LCB 07895 b
 1        exercise of the right of  eminent  domain  and  in  every
 2        other action wherein the right of trial by jury is or may
 3        be given by law.  The jury fee shall be paid by the party
 4        demanding  a  jury at the time of filing the jury demand.
 5        If the fee is not paid by either party, no jury shall  be
 6        called in the action or proceeding, and the same shall be
 7        tried by the court without a jury.
 8    (t)  Voluntary Assignment.
 9             For  filing  each deed of voluntary assignment, $10;
10        for  recording  the  same,  25¢  for  each   100   words.
11        Exceptions  filed to claims presented to an assignee of a
12        debtor who  has  made  a  voluntary  assignment  for  the
13        benefit of creditors shall be considered and treated, for
14        the  purpose of taxing costs therein, as actions in which
15        the party or  parties  filing  the  exceptions  shall  be
16        considered   as  party  or  parties  plaintiff,  and  the
17        claimant or claimants as party or parties defendant,  and
18        those  parties  respectively  shall  pay to the clerk the
19        same fees as provided by this Section to be paid in other
20        actions.
21    (u)  Expungement Petition.
22             The clerk shall be entitled to receive a fee of  $30
23        for each expungement petition filed and an additional fee
24        of  $2  for   each  certified copy of an order to expunge
25        arrest records.
26    (v)  Probate.
27             The clerk is entitled to receive the fees  specified
28        in  this  subsection (v), which shall be paid in advance,
29        except that, for good cause shown, the court may suspend,
30        reduce,  or  release  the  costs   payable   under   this
31        subsection:
32             (1)  For  administration of the estate of a decedent
33        (whether testate or intestate) or of  a  missing  person,
34        $100,  plus  the  fees  specified  in  subsection (v)(3),
 
HB2504 Engrossed            -17-     LRB093 07707 LCB 07895 b
 1        except:
 2                  (A)  When the value of the  real  and  personal
 3             property  does  not exceed $15,000, the fee shall be
 4             $25.
 5                  (B)  When (i) proof of heirship alone is  made,
 6             (ii)  a  domestic  or  foreign  will  is admitted to
 7             probate without administration (including  proof  of
 8             heirship), or (iii) letters of office are issued for
 9             a  particular  purpose without administration of the
10             estate, the fee shall be $25.
11             (2)  For administration of the  estate  of  a  ward,
12        $50,  plus  the  fees  specified  in  subsection  (v)(3),
13        except:
14                  (A)  When  the  value  of the real and personal
15             property does not exceed $15,000, the fee  shall  be
16             $25.
17                  (B)  When (i) letters of office are issued to a
18             guardian  of  the  person or persons, but not of the
19             estate or (ii) letters of office are issued  in  the
20             estate  of  a  ward  without  administration  of the
21             estate, including filing or joining in the filing of
22             a tax return or releasing a mortgage  or  consenting
23             to the marriage of the ward, the fee shall be $10.
24             (3)  In   addition   to   the   fees  payable  under
25        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
26        following fees are payable:
27                  (A)  For  each  account  (other  than one final
28             account) filed in the estate of a decedent, or ward,
29             $15.
30                  (B)  For filing a claim in an estate  when  the
31             amount  claimed  is $150 or more but less than $500,
32             $10; when the amount claimed is  $500  or  more  but
33             less  than  $10,000, $25; when the amount claimed is
34             $10,000 or more, $40; provided  that  the  court  in
 
HB2504 Engrossed            -18-     LRB093 07707 LCB 07895 b
 1             allowing  a  claim may add to the amount allowed the
 2             filing fee paid by the claimant.
 3                  (C)  For filing in an estate a claim, petition,
 4             or supplemental  proceeding  based  upon  an  action
 5             seeking  equitable relief including the construction
 6             or contest of a will, enforcement of a  contract  to
 7             make  a will, and proceedings involving testamentary
 8             trusts or the appointment of testamentary  trustees,
 9             $40.
10                  (D)  For filing in an estate (i) the appearance
11             of any person for the purpose of consent or (ii) the
12             appearance    of    an    executor,   administrator,
13             administrator  to  collect,  guardian,  guardian  ad
14             litem, or special administrator, no fee.
15                  (E)  Except   as   provided    in    subsection
16             (v)(3)(D),  for  filing the appearance of any person
17             or persons, $10.
18                  (F)  For each jury demand, $102.50.
19                  (G)  For disposition of  the  collection  of  a
20             judgment  or  settlement  of  an action or claim for
21             wrongful death of a decedent  or  of  any  cause  of
22             action   of   a   ward,   when  there  is  no  other
23             administration of the estate, $30, less  any  amount
24             paid  under subsection (v)(1)(B) or (v)(2)(B) except
25             that if the amount involved does not exceed  $5,000,
26             the  fee, including any amount paid under subsection
27             (v)(1)(B) or (v)(2)(B), shall be $10.
28                  (H)  For each  certified  copy  of  letters  of
29             office,  of  court order or other certification, $1,
30             plus 50¢ per page in  excess  of  3  pages  for  the
31             document certified.
32                  (I)  For each exemplification, $1, plus the fee
33             for certification.
34             (4)  The    executor,    administrator,    guardian,
 
HB2504 Engrossed            -19-     LRB093 07707 LCB 07895 b
 1        petitioner,  or  other  interested  person  or his or her
 2        attorney shall pay the cost of publication by  the  clerk
 3        directly to the newspaper.
 4             (5)  The person on whose behalf a charge is incurred
 5        for   witness,   court   reporter,  appraiser,  or  other
 6        miscellaneous fee shall pay  the  same  directly  to  the
 7        person entitled thereto.
 8             (6)  The    executor,    administrator,    guardian,
 9        petitioner,  or  other  interested  person  or his or her
10        attorney shall pay  to  the  clerk  all  postage  charges
11        incurred  by  the  clerk  in  mailing  petitions, orders,
12        notices, or other documents pursuant to the provisions of
13        the Probate Act of 1975.
14    (w)  Criminal and Quasi-Criminal Costs and Fees.
15             (1)  The clerk shall be entitled  to  costs  in  all
16        criminal   and  quasi-criminal  cases  from  each  person
17        convicted or sentenced to supervision therein as follows:
18                  (A)  Felony complaints, $80.
19                  (B)  Misdemeanor complaints, $50.
20                  (C)  Business offense complaints, $50.
21                  (D)  Petty offense complaints, $50.
22                  (E)  Minor  traffic  or  ordinance  violations,
23             $20.
24                  (F)  When court appearance required, $30.
25                  (G)  Motions to vacate or amend  final  orders,
26             $20.
27                  (H)  Motions  to vacate bond forfeiture orders,
28             $20.
29                  (I)  Motions  to  vacate  ex  parte  judgments,
30             whenever filed, $20.
31                  (J)  Motions to vacate judgment on forfeitures,
32             whenever filed, $20.
33                  (K)  Motions to vacate "failure to  appear"  or
34             "failure to comply" notices sent to the Secretary of
 
HB2504 Engrossed            -20-     LRB093 07707 LCB 07895 b
 1             State, $20.
 2             (2)  In  counties  having  a population in excess of
 3        180,000 but not more than 500,000 inhabitants,  when  the
 4        violation  complaint  is  issued  by  a  municipal police
 5        department, the clerk shall be  entitled  to  costs  from
 6        each person convicted therein as follows:
 7                  (A)  Minor  traffic  or  ordinance  violations,
 8             $10.
 9                  (B)  When court appearance required, $15.
10             (3)  In ordinance violation cases punishable by fine
11        only, the clerk of the circuit court shall be entitled to
12        receive,  unless the fee is excused upon a finding by the
13        court that the defendant  is  indigent,  in  addition  to
14        other fees or costs allowed or imposed by law, the sum of
15        $62.50 as a fee for the services of a jury.  The jury fee
16        shall  be paid by the defendant at the time of filing his
17        or her jury demand.  If the fee is not  so  paid  by  the
18        defendant, no jury shall be called, and the case shall be
19        tried by the court without a jury.
20    (x)  Transcripts of Judgment.
21             For  the  filing  of  a  transcript of judgment, the
22        clerk shall be entitled to the same fee as if it were the
23        commencement of a new suit.
24    (y)  Change of Venue.
25             (1)  For the filing of a change of case on a  change
26        of  venue, the clerk shall be entitled to the same fee as
27        if it were the commencement of a new suit.
28             (2)  The fee for the preparation  and  certification
29        of a record on a change of venue to another jurisdiction,
30        when original documents are forwarded, $25.
31    (z)  Tax objection complaints.
32             For  each  tax objection complaint containing one or
33        more tax objections, regardless of the number of  parcels
34        involved  or  the  number  of  taxpayers  joining  on the
 
HB2504 Engrossed            -21-     LRB093 07707 LCB 07895 b
 1        complaint, $25.
 2    (aa)  Tax Deeds.
 3             (1)  Petition for tax deed, if only  one  parcel  is
 4        involved, $150.
 5             (2)  For each additional parcel, add a fee of $50.
 6    (bb)  Collections.
 7             (1)  For  all collections made of others, except the
 8        State and county  and  except  in  maintenance  or  child
 9        support  cases,  a  sum  equal  to  2.5%  of  the  amount
10        collected and turned over.
11             (2)  Interest  earned on any funds held by the clerk
12        shall be turned over to the county  general  fund  as  an
13        earning of the office.
14             (3)  For  any check, draft, or other bank instrument
15        returned to the clerk for non-sufficient  funds,  account
16        closed, or payment stopped, $25.
17             (4)  In  child  support  and  maintenance cases, the
18        clerk, if authorized by an ordinance of the county board,
19        may collect an annual fee of up to $36  from  the  person
20        making  payment for maintaining child support records and
21        the processing of support orders to the State of Illinois
22        KIDS system and the recording of payments issued  by  the
23        State  Disbursement  Unit  for the official record of the
24        Court.  This fee shall be in  addition  to  and  separate
25        from  amounts  ordered to be paid as maintenance or child
26        support  and  shall  be   deposited   into   a   Separate
27        Maintenance  and  Child Support Collection Fund, of which
28        the clerk shall be the custodian, ex-officio, to be  used
29        by  the clerk to maintain child support orders and record
30        all payments issued by the State  Disbursement  Unit  for
31        the  official  record of the Court. The clerk may recover
32        from the person making the maintenance or  child  support
33        payment   any  additional cost incurred in the collection
34        of this annual fee.
 
HB2504 Engrossed            -22-     LRB093 07707 LCB 07895 b
 1             The clerk shall also be entitled to a fee of $5  for
 2        certifications made to the Secretary of State as provided
 3        in  Section  7-703 of the Family Financial Responsibility
 4        Law and these fees  shall  also  be  deposited  into  the
 5        Separate Maintenance and Child Support Collection Fund.
 6    (cc)  Corrections of Numbers.
 7             For  correction  of  the case number, case title, or
 8        attorney computer identification number, if  required  by
 9        rule  of  court,  on  any  document  filed in the clerk's
10        office, to be charged against the party  that  filed  the
11        document, $15.
12    (dd)  Exceptions.
13             (1)  The  fee requirements of this Section shall not
14        apply to police  departments  or  other  law  enforcement
15        agencies.   In  this  Section,  "law  enforcement agency"
16        means  an  agency  of  the  State  or  a  unit  of  local
17        government which is vested by law or ordinance  with  the
18        duty  to  maintain  public  order and to enforce criminal
19        laws or ordinances.  "Law enforcement agency" also  means
20        the Attorney General or any state's attorney.
21             (2)  No  fee provided herein shall be charged to any
22        unit of local government or school district.
23             (3)  The fee requirements of this Section shall  not
24        apply  to  any  action instituted under subsection (b) of
25        Section 11-31-1 of  the  Illinois  Municipal  Code  by  a
26        private owner or tenant of real property within 1200 feet
27        of  a  dangerous  or  unsafe  building  seeking  an order
28        compelling the owner or owners of the  building  to  take
29        any of the actions authorized under that subsection.
30    (ee)  Adoptions.
31             (1)  For an adoption.............................$65
32             (2)  Upon  good cause shown, the court may waive the
33        adoption filing fee in a  special  needs  adoption.   The
34        term  "special  needs  adoption"  shall  have the meaning
 
HB2504 Engrossed            -23-     LRB093 07707 LCB 07895 b
 1        ascribed to it by the Illinois Department of Children and
 2        Family Services.
 3    (ff)  Adoption exemptions.
 4             No fee other than that set forth in subsection  (ee)
 5        shall  be  charged  to  any  person in connection with an
 6        adoption proceeding  nor  may  any  fee  be  charged  for
 7        proceedings   for   the  appointment  of  a  confidential
 8        intermediary under the Adoption Act.
 9    (Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
10    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

11        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
12        Sec.  27.2.  The  fees of the clerks of the circuit court
13    in all counties having a  population  in  excess  of  500,000
14    inhabitants  but  less  than  3,000,000  inhabitants  in  the
15    instances  described  in this Section shall be as provided in
16    this Section. In those instances where a minimum and  maximum
17    fee  is  stated,  counties with more than 500,000 inhabitants
18    but less than 3,000,000 inhabitants must charge  the  minimum
19    fee  listed  in this Section and may charge up to the maximum
20    fee if the county board has by resolution increased the  fee.
21    In  addition,  the  minimum  fees  authorized in this Section
22    shall apply to all  units  of  local  government  and  school
23    districts  in  counties with more than 3,000,000 inhabitants.
24    The fees shall be paid 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 a minimum of $150 and a  maximum  of
29        $190.
30                  (A)  When the amount of money or damages or the
31             value  of  personal property claimed does not exceed
32             $250, a minimum of $10 and a maximum of $15.
33                  (B)  When that amount exceeds $250 but does not
 
HB2504 Engrossed            -24-     LRB093 07707 LCB 07895 b
 1             exceed $1,000, a minimum of $20  and  a  maximum  of
 2             $40.
 3                  (C)  When  that  amount exceeds $1,000 but does
 4             not exceed $2500, a minimum of $30 and a maximum  of
 5             $50.
 6                  (D)  When  that  amount  exceeds $2500 but does
 7             not exceed $5,000, a minimum of $75 and a maximum of
 8             $100.
 9                  (D-5)  When the amount exceeds $5,000 but  does
10             not  exceed  $15,000, a minimum of $75 and a maximum
11             of $150.
12                  (E)  For the exercise of eminent domain,  $150.
13             For each additional lot or tract of land or right or
14             interest   therein  subject  to  be  condemned,  the
15             damages in respect to which shall  require  separate
16             assessment by a jury, $150.
17    (b)  Forcible Entry and Detainer.
18             In  each  forcible  entry and detainer case when the
19        plaintiff seeks possession only or unites with his or her
20        claim for possession of the property a claim for rent  or
21        damages  or  both  in  the  amount  of $15,000 or less, a
22        minimum of $40 and a maximum of $75. When  the  plaintiff
23        unites  his  or her claim for possession with a claim for
24        rent or damages or both exceeding $15,000, a  minimum  of
25        $150 and a maximum of $225.
26    (c)  Counterclaim or Joining Third Party Defendant.
27             When  any  defendant files a counterclaim as part of
28        his or her answer or otherwise or joins another party  as
29        a third party defendant, or both, the defendant shall pay
30        a  fee  for each counterclaim or third party action in an
31        amount equal to the fee he or she would have had  to  pay
32        had  he  or  she brought a separate action for the relief
33        sought in the counterclaim or  against  the  third  party
34        defendant, less the amount of the appearance fee, if that
 
HB2504 Engrossed            -25-     LRB093 07707 LCB 07895 b
 1        has been paid.
 2    (d)  Confession of Judgment.
 3             In a confession of judgment when the amount does not
 4        exceed  $1500,  a  minimum  of  $50 and a maximum of $60.
 5        When the  amount  exceeds  $1500,  but  does  not  exceed
 6        $5,000, $75. When the amount exceeds $5,000, but does not
 7        exceed  $15,000, $175. When the amount exceeds $15,000, a
 8        minimum of $200 and a maximum of $250.
 9    (e)  Appearance.
10             The fee for filing an appearance in each civil  case
11        shall be a minimum of $50 and a maximum of $75, except as
12        follows:
13                  (A)  When the plaintiff in a forcible entry and
14             detainer  case  seeks  possession only, a minimum of
15             $20 and a maximum of $40.
16                  (B)  When the  amount  in  the  case  does  not
17             exceed $1500, a minimum of $20 and a maximum of $40.
18                  (C)  When  the amount in the case exceeds $1500
19             but does not exceed $15,000, a minimum of $40 and  a
20             maximum of $60.
21    (f)  Garnishment, Wage Deduction, and Citation.
22             In  garnishment affidavit, wage deduction affidavit,
23        and citation petition when the  amount  does  not  exceed
24        $1,000,  a  minimum of $10 and a maximum of $15; when the
25        amount exceeds $1,000  but  does  not  exceed  $5,000,  a
26        minimum  of $20 and a maximum of $30; and when the amount
27        exceeds $5,000, a minimum of $30 and a maximum of $50.
28    (g)  Petition to Vacate or Modify.
29             (1)  Petition to vacate or modify any final judgment
30        or order of court, except in forcible entry and  detainer
31        cases  and  small claims cases or a petition to reopen an
32        estate, to modify, terminate, or enforce  a  judgment  or
33        order  for  child  or  spousal  support,  or  to  modify,
34        suspend,  or terminate an order for withholding, if filed
 
HB2504 Engrossed            -26-     LRB093 07707 LCB 07895 b
 1        before 30 days after the entry of the judgment or  order,
 2        a minimum of $40 and a maximum of $50.
 3             (2)  Petition to vacate or modify any final judgment
 4        or   order   of  court,  except  a  petition  to  modify,
 5        terminate, or enforce a judgment or order  for  child  or
 6        spousal  support  or  to modify, suspend, or terminate an
 7        order for withholding, if filed later than 30 days  after
 8        the  entry of the judgment or order, a minimum of $60 and
 9        a maximum of $75.
10             (3)  Petition to vacate order of bond forfeiture,  a
11        minimum of $20 and a maximum of $40.
12    (h)  Mailing.
13             When  the clerk is required to mail, the fee will be
14        a minimum of $6 and a maximum of $10, plus  the  cost  of
15        postage.
16    (i)  Certified Copies.
17             Each  certified  copy of a judgment after the first,
18        except in small claims and forcible  entry  and  detainer
19        cases, a minimum of $10 and a maximum of $15.
20    (j)  Habeas Corpus.
21             For filing a petition for relief by habeas corpus, a
22        minimum of $80 and a maximum of $125.
23    (k)  Certification, Authentication, and Reproduction.
24             (1)  Each certification or authentication for taking
25        the  acknowledgment  of  a  deed  or  other instrument in
26        writing with the seal of office, a minimum of  $4  and  a
27        maximum of $6.
28             (2)  Court   appeals  when  original  documents  are
29        forwarded, under 100 pages, plus delivery  and  costs,  a
30        minimum of $50 and a maximum of $75.
31             (3)  Court   appeals  when  original  documents  are
32        forwarded, over 100 pages, plus  delivery  and  costs,  a
33        minimum of $120 and a maximum of $150.
34             (4)  Court   appeals  when  original  documents  are
 
HB2504 Engrossed            -27-     LRB093 07707 LCB 07895 b
 1        forwarded, over 200 pages, an additional fee of a minimum
 2        of 20 and a maximum of 25 cents per page.
 3             (5)  For reproduction of any document  contained  in
 4        the clerk's files:
 5                  (A)  First page, $2.
 6                  (B)  Next 19 pages, 50 cents per page.
 7                  (C)  All remaining pages, 25 cents per page.
 8    (l)  Remands.
 9             In any cases remanded to the Circuit Court  from the
10        Supreme Court or the Appellate Court for a new trial, the
11        clerk  shall  file  the remanding order and reinstate the
12        case with either its original number or a new number. The
13        Clerk shall not charge any new or additional fee for  the
14        reinstatement.  Upon reinstatement the Clerk shall advise
15        the parties of the reinstatement.  A party shall have the
16        same right to a jury trial on remand and reinstatement as
17        he or she had before the appeal, and no additional or new
18        fee or charge shall  be  made  for  a  jury  trial  after
19        remand.
20    (m)  Record Search.
21             For   each  record  search,  within  a  division  or
22        municipal district, the clerk  shall  be  entitled  to  a
23        search  fee  of  a  minimum of $4 and a maximum of $6 for
24        each year searched.
25    (n)  Hard Copy.
26             For each page of hard copy print output,  when  case
27        records  are maintained on an automated medium, the clerk
28        shall be entitled to a fee of  a  minimum  of  $4  and  a
29        maximum of $6.
30    (o)  Index Inquiry and Other Records.
31             No    fee    shall   be   charged   for   a   single
32        plaintiff/defendant index inquiry or single  case  record
33        inquiry  when  this  request  is  made  in person and the
34        records are maintained in a current automated medium, and
 
HB2504 Engrossed            -28-     LRB093 07707 LCB 07895 b
 1        when no hard copy print output is requested.  The fees to
 2        be charged for management records, multiple case records,
 3        and multiple journal records  may  be  specified  by  the
 4        Chief  Judge  pursuant  to  the guidelines for access and
 5        dissemination of  information  approved  by  the  Supreme
 6        Court.
 7    (p)  Commitment Petitions.
 8             For  filing  commitment  petitions  under the Mental
 9        Health and Developmental Disabilities Code, a minimum  of
10        $25 and a maximum of $50.
11    (q)  Alias Summons.
12             For  each  alias  summons  or citation issued by the
13        clerk, a minimum of $4 and a maximum of $5.
14    (r)  Other Fees.
15             Any fees not covered in this Section shall be set by
16        rule or administrative order of the  Circuit  Court  with
17        the approval of the Administrative Office of the Illinois
18        Courts.
19             The   clerk   of   the  circuit  court  may  provide
20        additional services for which there is no  fee  specified
21        by  statute  in  connection  with  the  operation  of the
22        clerk's office as may be  requested  by  the  public  and
23        agreed to by the clerk and approved by the chief judge of
24        the  circuit  court.  Any charges for additional services
25        shall be as agreed to between the  clerk  and  the  party
26        making the request and approved by the chief judge of the
27        circuit  court.   Nothing  in  this  subsection  shall be
28        construed to require any clerk to provide any service not
29        otherwise required by law.
30    (s)  Jury Services.
31             The clerk shall be entitled to receive, in  addition
32        to  other  fees  allowed  by law, the sum of a minimum of
33        $192.50 and a maximum  of  $212.50,  as  a  fee  for  the
34        services   of   a   jury   in   every  civil  action  not
 
HB2504 Engrossed            -29-     LRB093 07707 LCB 07895 b
 1        quasi-criminal in its nature and not a proceeding for the
 2        exercise of the right of  eminent  domain  and  in  every
 3        other action wherein the right of trial by jury is or may
 4        be given by law.  The jury fee shall be paid by the party
 5        demanding  a  jury at the time of filing the jury demand.
 6        If the fee is not paid by either party, no jury shall  be
 7        called in the action or proceeding, and the same shall be
 8        tried by the court without a jury.
 9    (t)  Voluntary Assignment.
10             For  filing  each  deed  of  voluntary assignment, a
11        minimum of $10 and a maximum of $20;  for  recording  the
12        same,  a minimum of 25¢ and a maximum of 50¢ for each 100
13        words.   Exceptions  filed  to  claims  presented  to  an
14        assignee  of a debtor who has made a voluntary assignment
15        for the benefit of  creditors  shall  be  considered  and
16        treated,  for  the  purpose  of  taxing costs therein, as
17        actions  in  which  the  party  or  parties  filing   the
18        exceptions  shall  be  considered  as  party  or  parties
19        plaintiff,  and  the  claimant  or  claimants as party or
20        parties defendant, and those parties  respectively  shall
21        pay  to  the  clerk  the  same  fees  as provided by this
22        Section to be paid in other actions.
23    (u)  Expungement Petition.
24             The clerk shall be entitled to receive a  fee  of  a
25        minimum  of $30 and a maximum of $60 for each expungement
26        petition filed and an additional fee of a minimum  of  $2
27        and  a maximum of $4 for  each certified copy of an order
28        to expunge arrest records.
29    (v)  Probate.
30             The clerk is entitled to receive the fees  specified
31        in  this  subsection (v), which shall be paid in advance,
32        except that, for good cause shown, the court may suspend,
33        reduce,  or  release  the  costs   payable   under   this
34        subsection:
 
HB2504 Engrossed            -30-     LRB093 07707 LCB 07895 b
 1             (1)  For  administration of the estate of a decedent
 2        (whether testate or intestate) or of a missing person,  a
 3        minimum  of  $100  and  a  maximum of $150, plus the fees
 4        specified in subsection (v)(3), except:
 5                  (A)  When the value of the  real  and  personal
 6             property does not exceed $15,000, the fee shall be a
 7             minimum of $25 and a maximum of $40.
 8                  (B)  When  (i) proof of heirship alone is made,
 9             (ii) a domestic  or  foreign  will  is  admitted  to
10             probate  without  administration (including proof of
11             heirship), or (iii) letters of office are issued for
12             a particular purpose without administration  of  the
13             estate,  the  fee  shall  be  a minimum of $25 and a
14             maximum of $40.
15             (2)  For administration of the estate of a  ward,  a
16        minimum  of  $50  and  a  maximum  of  $75, plus the fees
17        specified in subsection (v)(3), except:
18                  (A)  When the value of the  real  and  personal
19             property does not exceed $15,000, the fee shall be a
20             minimum of $25 and a maximum of $40.
21                  (B)  When (i) letters of office are issued to a
22             guardian  of  the  person or persons, but not of the
23             estate or (ii) letters of office are issued  in  the
24             estate  of  a  ward  without  administration  of the
25             estate, including filing or joining in the filing of
26             a tax return or releasing a mortgage  or  consenting
27             to  the  marriage  of  the  ward, the fee shall be a
28             minimum of $10 and a maximum of $20.
29             (3)  In  addition  to   the   fees   payable   under
30        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
31        following fees are payable:
32                  (A)  For each account  (other  than  one  final
33             account) filed in the estate of a decedent, or ward,
34             a minimum of $15 and a maximum of $25.
 
HB2504 Engrossed            -31-     LRB093 07707 LCB 07895 b
 1                  (B)  For  filing  a claim in an estate when the
 2             amount claimed is $150 or more but less than $500, a
 3             minimum of $10 and a maximum of $20; when the amount
 4             claimed is $500 or more but  less  than  $10,000,  a
 5             minimum of $25 and a maximum of $40; when the amount
 6             claimed  is  $10,000 or more, a minimum of $40 and a
 7             maximum of $60; provided that the court in  allowing
 8             a claim may add to the amount allowed the filing fee
 9             paid by the claimant.
10                  (C)  For filing in an estate a claim, petition,
11             or  supplemental  proceeding   based  upon an action
12             seeking equitable relief including the  construction
13             or  contest  of a will, enforcement of a contract to
14             make a will, and proceedings involving  testamentary
15             trusts  or the appointment of testamentary trustees,
16             a minimum of $40 and a maximum of $60.
17                  (D)  For filing in an estate (i) the appearance
18             of any person for the purpose of consent or (ii) the
19             appearance   of    an    executor,    administrator,
20             administrator  to  collect,  guardian,  guardian  ad
21             litem, or special administrator, no fee.
22                  (E)  Except    as    provided   in   subsection
23             (v)(3)(D), for filing the appearance of  any  person
24             or persons, a minimum of $10 and a maximum of $30.
25                  (F)  For each jury demand, a minimum of $102.50
26             and a maximum of $137.50.
27                  (G)  For  disposition  of  the  collection of a
28             judgment or settlement of an  action  or  claim  for
29             wrongful  death  of  a  decedent  or of any cause of
30             action  of  a  ward,  when   there   is   no   other
31             administration of the estate, a minimum of $30 and a
32             maximum   of   $50,   less  any  amount  paid  under
33             subsection (v)(1)(B) or (v)(2)(B) except that if the
34             amount involved does not  exceed  $5,000,  the  fee,
 
HB2504 Engrossed            -32-     LRB093 07707 LCB 07895 b
 1             including any amount paid under subsection (v)(1)(B)
 2             or  (v)(2)(B),  shall  be  a  minimum  of  $10 and a
 3             maximum of $20.
 4                  (H)  For each  certified  copy  of  letters  of
 5             office,  of  court  order  or other certification, a
 6             minimum of $1 and a maximum of $2, plus a minimum of
 7             50¢ and a maximum of $1 per  page  in  excess  of  3
 8             pages for the document certified.
 9                  (I)  For  each exemplification, a minimum of $1
10             and a maximum of $2, plus the fee 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  attorney
21        shall  pay  to  the clerk all postage charges incurred by
22        the clerk in mailing petitions, orders, notices, or other
23        documents pursuant to the provisions of the  Probate  Act
24        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, a minimum of $80 and a
30             maximum of $125.
31                  (B)  Misdemeanor complaints, a minimum  of  $50
32             and a maximum of $75.
33                  (C)  Business  offense complaints, a minimum of
34             $50 and a maximum of $75.
 
HB2504 Engrossed            -33-     LRB093 07707 LCB 07895 b
 1                  (D)  Petty offense complaints, a minimum of $50
 2             and a maximum of $75.
 3                  (E)  Minor  traffic  or  ordinance  violations,
 4             $20.
 5                  (F)  When court appearance required, $30.
 6                  (G)  Motions to vacate or amend final orders, a
 7             minimum of $20 and a maximum of $40.
 8                  (H)  Motions to vacate bond forfeiture  orders,
 9             a minimum of $20 and a maximum of $30.
10                  (I)  Motions  to  vacate  ex  parte  judgments,
11             whenever  filed,  a  minimum of $20 and a maximum of
12             $30.
13                  (J)  Motions to vacate judgment on forfeitures,
14             whenever filed, a minimum of $20 and  a  maximum  of
15             $25.
16                  (K)  Motions  to  vacate "failure to appear" or
17             "failure to comply" notices sent to the Secretary of
18             State, a minimum of $20 and a maximum of $40.
19             (2)  In counties having a population  of  more  than
20        500,000  but  fewer  than 3,000,000 inhabitants, when the
21        violation complaint  is  issued  by  a  municipal  police
22        department,  the  clerk  shall  be entitled to costs from
23        each person convicted therein as follows:
24                  (A)  Minor  traffic  or  ordinance  violations,
25             $10.
26                  (B)  When court appearance required, $15.
27             (3)  In ordinance violation cases punishable by fine
28        only, the clerk of the circuit court shall be entitled to
29        receive, unless the fee is excused upon a finding by  the
30        court  that  the  defendant  is  indigent, in addition to
31        other fees or costs allowed or imposed by law, the sum of
32        a minimum of $50 and a maximum of $112.50 as  a  fee  for
33        the  services  of  a jury.  The jury fee shall be paid by
34        the defendant at the time  of  filing  his  or  her  jury
 
HB2504 Engrossed            -34-     LRB093 07707 LCB 07895 b
 1        demand.   If  the fee is not so paid by the defendant, no
 2        jury shall be called, and the case shall be tried by  the
 3        court without a jury.
 4    (x)  Transcripts of Judgment.
 5             For  the  filing  of  a  transcript of judgment, the
 6        clerk shall be entitled to the same fee as if it were the
 7        commencement of new suit.
 8    (y)  Change of Venue.
 9             (1)  For the filing of a change of case on a  change
10        of  venue, the clerk shall be entitled to the same fee as
11        if it were the commencement of a new suit.
12             (2)  The fee for the preparation  and  certification
13        of a record on a change of venue to another jurisdiction,
14        when  original  documents are forwarded, a minimum of $25
15        and a maximum of $40.
16    (z)  Tax objection complaints.
17             For each tax objection complaint containing  one  or
18        more  tax objections, regardless of the number of parcels
19        involved or  the  number  of  taxpayers  joining  in  the
20        complaint, a minimum of $25 and a maximum of $50.
21    (aa)  Tax Deeds.
22             (1)  Petition  for  tax  deed, if only one parcel is
23        involved, a minimum of $150 and a maximum of $250.
24             (2)  For each additional parcel,  add  a  fee  of  a
25        minimum of $50 and a maximum 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 a minimum of 2.5% and a
30        maximum of 3.0% of the amount 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
 
HB2504 Engrossed            -35-     LRB093 07707 LCB 07895 b
 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 from
11        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, a minimum of $15 and a maximum of $25.
32    (dd)  Exceptions.
33             The fee requirements of this Section shall not apply
34        to police departments or other law enforcement  agencies.
 
HB2504 Engrossed            -36-     LRB093 07707 LCB 07895 b
 1        In this Section, "law enforcement agency" means an agency
 2        of  the  State  or  a  unit  of local government which is
 3        vested by law or ordinance  with  the  duty  to  maintain
 4        public  order and to enforce criminal laws or ordinances.
 5        "Law enforcement agency" also means the Attorney  General
 6        or  any  state's  attorney.  The fee requirements of this
 7        Section shall not apply to any  action  instituted  under
 8        subsection   (b)  of  Section  11-31-1  of  the  Illinois
 9        Municipal Code by a  private  owner  or  tenant  of  real
10        property  within  1200  feet  of  a  dangerous  or unsafe
11        building seeking an order compelling the owner or  owners
12        of  the  building  to  take any of the actions authorized
13        under that subsection.
14    (ee)  Adoptions.
15             (1)  For an adoption.............................$65
16             (2)  Upon good cause shown, the court may waive  the
17        adoption  filing  fee  in  a special needs adoption.  The
18        term "special needs  adoption"  shall  have  the  meaning
19        ascribed to it by the Illinois Department of Children and
20        Family Services.
21    (ff)  Adoption exemptions.
22             No  fee other than that set forth in subsection (ee)
23        shall be charged to any  person  in  connection  with  an
24        adoption  proceeding  nor  may  any  fee  be  charged for
25        proceedings  for  the  appointment  of   a   confidential
26        intermediary under the Adoption Act.
27    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
28    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

29        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
30        Sec. 27.2a.  The fees of the clerks of the circuit  court
31    in  all  counties  having  a  population of 3,000,000 or more
32    inhabitants in the instances described in this Section  shall
33    be  as  provided in this Section.  In those instances where a
 
HB2504 Engrossed            -37-     LRB093 07707 LCB 07895 b
 1    minimum and maximum fee is stated, the clerk of  the  circuit
 2    court must charge the minimum fee listed and may charge up to
 3    the  maximum  fee  if  the  county  board  has  by resolution
 4    increased the fee. The fees shall  be  paid  in  advance  and
 5    shall be as follows:
 6    (a)  Civil Cases.
 7             The  fee  for filing a complaint, petition, or other
 8        pleading initiating a civil action,  with  the  following
 9        exceptions,  shall  be a minimum of $190 and a maximum of
10        $240.
11                  (A)  When the amount of money or damages or the
12             value of personal property claimed does  not  exceed
13             $250, a minimum of $15 and a maximum of $22.
14                  (B)  When that amount exceeds $250 but does not
15             exceed $1000, a minimum of $40 and a maximum of $75.
16                  (C)  When  that  amount  exceeds $1000 but does
17             not exceed $2500, a minimum of $50 and a maximum  of
18             $80.
19                  (D)  When  that  amount  exceeds $2500 but does
20             not exceed $5000, a minimum of $100 and a maximum of
21             $130.
22                  (E)  When that amount exceeds  $5000  but  does
23             not exceed $15,000, $150.
24                  (F)  For  the exercise of eminent domain, $150.
25             For each additional lot or tract of land or right or
26             interest  therein  subject  to  be  condemned,   the
27             damages  in  respect to which shall require separate
28             assessment by a jury, $150.
29                  (G)  For the final  determination  of  parking,
30             standing,   and   compliance  violations  and  final
31             administrative  decisions  issued   after   hearings
32             regarding  vehicle  immobilization  and  impoundment
33             made  pursuant  to  Sections  3-704.1,  6-306.5, and
34             11-208.3 of the Illinois Vehicle Code, $25.
 
HB2504 Engrossed            -38-     LRB093 07707 LCB 07895 b
 1    (b)  Forcible Entry and Detainer.
 2             In each forcible entry and detainer  case  when  the
 3        plaintiff seeks possession only or unites with his or her
 4        claim  for possession of the property a claim for rent or
 5        damages or both in the  amount  of  $15,000  or  less,  a
 6        minimum of $75 and a maximum of $140.  When the plaintiff
 7        unites  his  or her claim for possession with a claim for
 8        rent or damages or both exceeding $15,000, a  minimum  of
 9        $225 and a maximum of $335.
10    (c)  Counterclaim or Joining Third Party Defendant.
11             When  any  defendant files a counterclaim as part of
12        his or her answer or otherwise or joins another party  as
13        a third party defendant, or both, the defendant shall pay
14        a  fee  for each counterclaim or third party action in an
15        amount equal to the fee he or she would have had  to  pay
16        had  he  or  she brought a separate action for the relief
17        sought in the counterclaim or  against  the  third  party
18        defendant, less the amount of the appearance fee, if that
19        has been paid.
20    (d)  Confession of Judgment.
21             In a confession of judgment when the amount does not
22        exceed  $1500,  a  minimum  of  $60 and a maximum of $70.
23        When the amount exceeds $1500, but does not exceed $5000,
24        a minimum of $75 and a maximum of $150. When  the  amount
25        exceeds  $5000, but does not exceed $15,000, a minimum of
26        $175 and a maximum  of  $260.  When  the  amount  exceeds
27        $15,000, a minimum of $250 and a maximum of $310.
28    (e)  Appearance.
29             The  fee for filing an appearance in each civil case
30        shall be a minimum of $75 and a maximum of  $110,  except
31        as follows:
32                  (A)  When the plaintiff in a forcible entry and
33             detainer  case  seeks  possession only, a minimum of
34             $40 and a maximum of $80.
 
HB2504 Engrossed            -39-     LRB093 07707 LCB 07895 b
 1                  (B)  When the  amount  in  the  case  does  not
 2             exceed $1500, a minimum of $40 and a maximum of $80.
 3                  (C)  When  that  amount  exceeds $1500 but does
 4             not exceed $15,000, a minimum of $60 and  a  maximum
 5             of $90.
 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,  a  minimum of $15 and a maximum of $25; when the
10        amount exceeds $1,000  but  does  not  exceed  $5,000,  a
11        minimum  of $30 and a maximum of $45; and when the amount
12        exceeds $5,000, a minimum of $50 and a maximum of $80.
13    (g)  Petition to Vacate or Modify.
14             (1)  Petition to vacate or modify any final judgment
15        or order of court, except in forcible entry and  detainer
16        cases  and  small claims cases or a petition to reopen an
17        estate, to modify, terminate, or enforce  a  judgment  or
18        order  for  child  or  spousal  support,  or  to  modify,
19        suspend,  or terminate an order for withholding, if filed
20        before 30 days after the entry of the judgment or  order,
21        a minimum of $50 and a maximum of $60.
22             (2)  Petition to vacate or modify any final judgment
23        or   order   of  court,  except  a  petition  to  modify,
24        terminate, or enforce a judgment or order  for  child  or
25        spousal  support  or  to modify, suspend, or terminate an
26        order for withholding, if filed later than 30 days  after
27        the  entry of the judgment or order, a minimum of $75 and
28        a maximum of $90.
29             (3)  Petition to vacate order of bond forfeiture,  a
30        minimum of $40 and a maximum of $80.
31    (h)  Mailing.
32             When  the clerk is required to mail, the fee will be
33        a minimum of $10 and a maximum of $15, plus the  cost  of
34        postage.
 
HB2504 Engrossed            -40-     LRB093 07707 LCB 07895 b
 1    (i)  Certified Copies.
 2             Each  certified  copy of a judgment after the first,
 3        except in small claims and forcible  entry  and  detainer
 4        cases, a minimum of $15 and a maximum of $20.
 5    (j)  Habeas Corpus.
 6             For filing a petition for relief by habeas corpus, a
 7        minimum of $125 and a maximum of $190.
 8    (k)  Certification, Authentication, and Reproduction.
 9             (1)  Each certification or authentication for taking
10        the  acknowledgment  of  a  deed  or  other instrument in
11        writing with the seal of office, a minimum of  $6  and  a
12        maximum of $9.
13             (2)  Court   appeals  when  original  documents  are
14        forwarded, under 100 pages, plus delivery  and  costs,  a
15        minimum of $75 and a maximum of $110.
16             (3)  Court   appeals  when  original  documents  are
17        forwarded, over 100 pages, plus  delivery  and  costs,  a
18        minimum of $150 and a maximum of $185.
19             (4)  Court   appeals  when  original  documents  are
20        forwarded, over 200 pages, an additional fee of a minimum
21        of 25 and a maximum of 30 cents per page.
22             (5)  For reproduction of any document  contained  in
23        the clerk's files:
24                  (A)  First page, $2.
25                  (B)  Next 19 pages, 50 cents per page.
26                  (C)  All remaining pages, 25 cents per page.
27    (l)  Remands.
28             In any cases remanded to the Circuit Court  from the
29        Supreme Court or the Appellate Court for a new trial, the
30        clerk  shall  file  the remanding order and reinstate the
31        case with either its original number  or  a  new  number.
32        The  Clerk shall not charge any new or additional fee for
33        the reinstatement.  Upon reinstatement  the  Clerk  shall
34        advise  the  parties of the reinstatement.  A party shall
 
HB2504 Engrossed            -41-     LRB093 07707 LCB 07895 b
 1        have the same  right  to  a  jury  trial  on  remand  and
 2        reinstatement  as he or she had before the appeal, and no
 3        additional or new fee or charge shall be made for a  jury
 4        trial after remand.
 5    (m)  Record Search.
 6             For   each  record  search,  within  a  division  or
 7        municipal district, the clerk  shall  be  entitled  to  a
 8        search  fee  of  a  minimum of $6 and a maximum of $9 for
 9        each year searched.
10    (n)  Hard Copy.
11             For each page of hard copy print output,  when  case
12        records  are maintained on an automated medium, the clerk
13        shall be entitled to a fee of  a  minimum  of  $6  and  a
14        maximum of $9.
15    (o)  Index Inquiry and Other Records.
16             No    fee    shall   be   charged   for   a   single
17        plaintiff/defendant index inquiry or single  case  record
18        inquiry  when  this  request  is  made  in person and the
19        records are maintained in a current automated medium, and
20        when no hard copy print output is requested.  The fees to
21        be charged for management records, multiple case records,
22        and multiple journal records  may  be  specified  by  the
23        Chief  Judge  pursuant  to  the guidelines for access and
24        dissemination of  information  approved  by  the  Supreme
25        Court.
26    (p)  Commitment Petitions.
27             For  filing  commitment  petitions  under the Mental
28        Health and Developmental Disabilities Code, a minimum  of
29        $50 and a maximum of $100.
30    (q)  Alias Summons.
31             For  each  alias  summons  or citation issued by the
32        clerk, a minimum of $5 and a maximum of $6.
33    (r)  Other Fees.
34             Any fees not covered in this Section shall be set by
 
HB2504 Engrossed            -42-     LRB093 07707 LCB 07895 b
 1        rule or administrative order of the  Circuit  Court  with
 2        the approval of the Administrative Office of the Illinois
 3        Courts.
 4             The   clerk   of   the  circuit  court  may  provide
 5        additional services for which there is no  fee  specified
 6        by  statute  in  connection  with  the  operation  of the
 7        clerk's office as may be  requested  by  the  public  and
 8        agreed to by the clerk and approved by the chief judge of
 9        the  circuit  court.  Any charges for additional services
10        shall be as agreed to between the  clerk  and  the  party
11        making the request and approved by the chief judge of the
12        circuit  court.   Nothing  in  this  subsection  shall be
13        construed to require any clerk to provide any service not
14        otherwise required by law.
15    (s)  Jury Services.
16             The clerk shall be entitled to receive, in  addition
17        to  other  fees  allowed  by law, the sum of a minimum of
18        $212.50 and maximum of $230, as a fee for the services of
19        a jury in every civil action not  quasi-criminal  in  its
20        nature and not a proceeding for the exercise of the right
21        of  eminent  domain and in every other action wherein the
22        right of trial by jury is or may be given  by  law.   The
23        jury  fee  shall be paid by the party demanding a jury at
24        the time of filing the jury demand.  If the  fee  is  not
25        paid  by  either  party,  no  jury shall be called in the
26        action or proceeding, and the same shall be tried by  the
27        court without a jury.
28    (t)  Voluntary Assignment.
29             For  filing  each  deed  of  voluntary assignment, a
30        minimum of $20 and a maximum of $40;  for  recording  the
31        same,  a  minimum  of 50¢ and a maximum of $0.80 for each
32        100 words. Exceptions filed to  claims  presented  to  an
33        assignee  of a debtor who has made a voluntary assignment
34        for the benefit of  creditors  shall  be  considered  and
 
HB2504 Engrossed            -43-     LRB093 07707 LCB 07895 b
 1        treated,  for  the  purpose  of  taxing costs therein, as
 2        actions  in  which  the  party  or  parties  filing   the
 3        exceptions  shall  be  considered  as  party  or  parties
 4        plaintiff,  and  the  claimant  or  claimants as party or
 5        parties defendant, and those parties  respectively  shall
 6        pay  to  the  clerk  the  same  fees  as provided by this
 7        Section to be paid in other actions.
 8    (u)  Expungement Petition.
 9             The clerk shall be entitled to receive a  fee  of  a
10        minimum of $60 and a maximum of $120 for each expungement
11        petition  filed  and an additional fee of a minimum of $4
12        and a maximum of $8 for  each certified copy of an  order
13        to expunge arrest records.
14    (v)  Probate.
15             The  clerk is entitled to receive the fees specified
16        in this subsection (v), which shall be paid  in  advance,
17        except that, for good cause shown, the court may suspend,
18        reduce,   or   release   the  costs  payable  under  this
19        subsection:
20             (1)  For administration of the estate of a  decedent
21        (whether  testate or intestate) or of a missing person, a
22        minimum of $150 and a maximum  of  $225,  plus  the  fees
23        specified in subsection (v)(3), except:
24                  (A)  When  the  value  of the real and personal
25             property does not exceed $15,000, the fee shall be a
26             minimum of $40 and a maximum of $65.
27                  (B)  When (i) proof of heirship alone is  made,
28             (ii)  a  domestic  or  foreign  will  is admitted to
29             probate without administration (including  proof  of
30             heirship), or (iii) letters of office are issued for
31             a  particular  purpose without administration of the
32             estate, the fee shall be a  minimum  of  $40  and  a
33             maximum of $65.
34             (2)  For  administration  of the estate of a ward, a
 
HB2504 Engrossed            -44-     LRB093 07707 LCB 07895 b
 1        minimum of $75 and a  maximum  of  $110,  plus  the  fees
 2        specified in subsection (v)(3), except:
 3                  (A)  When  the  value  of the real and personal
 4             property does not exceed $15,000, the fee shall be a
 5             minimum of $40 and a maximum of $65.
 6                  (B)  When (i) letters of office are issued to a
 7             guardian of the person or persons, but  not  of  the
 8             estate  or  (ii) letters of office are issued in the
 9             estate of  a  ward  without  administration  of  the
10             estate, including filing or joining in the filing of
11             a  tax  return or releasing a mortgage or consenting
12             to the marriage of the ward,  the  fee  shall  be  a
13             minimum of $20 and a maximum of $40.
14             (3)  In   addition   to   the   fees  payable  under
15        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
16        following fees are payable:
17                  (A)  For  each  account  (other  than one final
18             account) filed in the estate of a decedent, or ward,
19             a minimum of $25 and a maximum of $40.
20                  (B)  For filing a claim in an estate  when  the
21             amount claimed is $150 or more but less than $500, a
22             minimum of $20 and a maximum of $40; when the amount
23             claimed  is  $500  or  more but less than $10,000, a
24             minimum of $40 and a maximum of $65; when the amount
25             claimed is $10,000 or more, a minimum of $60  and  a
26             maximum  of $90; provided that the court in allowing
27             a claim may add to the amount allowed the filing fee
28             paid by the claimant.
29                  (C)  For filing in an estate a claim, petition,
30             or supplemental  proceeding  based  upon  an  action
31             seeking  equitable relief including the construction
32             or contest of a will, enforcement of a  contract  to
33             make  a will, and proceedings involving testamentary
34             trusts or the appointment of testamentary  trustees,
 
HB2504 Engrossed            -45-     LRB093 07707 LCB 07895 b
 1             a minimum of $60 and a maximum of $90.
 2                  (D)  For filing in an estate (i) the appearance
 3             of any person for the purpose of consent or (ii) the
 4             appearance    of    an    executor,   administrator,
 5             administrator  to  collect,  guardian,  guardian  ad
 6             litem, or special administrator, no fee.
 7                  (E)  Except   as   provided    in    subsection
 8             (v)(3)(D),  for  filing the appearance of any person
 9             or persons, a minimum of $30 and a maximum of $90.
10                  (F)  For each jury demand, a minimum of $137.50
11             and a maximum of $180.
12                  (G)  For disposition of  the  collection  of  a
13             judgment  or  settlement  of  an action or claim for
14             wrongful death of a decedent  or  of  any  cause  of
15             action   of   a   ward,   when  there  is  no  other
16             administration of the estate, a minimum of $50 and a
17             maximum  of  $80,  less  any   amount   paid   under
18             subsection (v)(1)(B) or (v)(2)(B) except that if the
19             amount  involved  does  not  exceed $5,000, the fee,
20             including any amount paid under subsection (v)(1)(B)
21             or (v)(2)(B), shall  be  a  minimum  of  $20  and  a
22             maximum of $40.
23                  (H)  For  each  certified  copy  of  letters of
24             office, of court order  or  other  certification,  a
25             minimum  of $2 and a maximum of $4, plus $1 per page
26             in excess of 3 pages for the document certified.
27                  (I)  For each exemplification, $2, plus the fee
28             for certification.
29             (4)  The    executor,    administrator,    guardian,
30        petitioner, or other interested  person  or  his  or  her
31        attorney  shall  pay the cost of publication by the clerk
32        directly to the newspaper.
33             (5)  The person on whose behalf a charge is incurred
34        for  witness,  court  reporter,   appraiser,   or   other
 
HB2504 Engrossed            -46-     LRB093 07707 LCB 07895 b
 1        miscellaneous  fee  shall  pay  the  same directly to the
 2        person entitled thereto.
 3             (6)  The    executor,    administrator,    guardian,
 4        petitioner, or other interested  person  or  his  or  her
 5        attorney  shall  pay  to  the  clerk  all postage charges
 6        incurred by  the  clerk  in  mailing  petitions,  orders,
 7        notices, or other documents pursuant to the provisions of
 8        the Probate Act of 1975.
 9    (w)  Criminal and Quasi-Criminal Costs and Fees.
10             (1)  The  clerk  shall  be  entitled to costs in all
11        criminal  and  quasi-criminal  cases  from  each   person
12        convicted or sentenced to supervision therein as follows:
13                  (A)  Felony complaints, a minimum of $125 and a
14             maximum of $190.
15                  (B)  Misdemeanor  complaints,  a minimum of $75
16             and a maximum of $110.
17                  (C)  Business offense complaints, a minimum  of
18             $75 and a maximum of $110.
19                  (D)  Petty offense complaints, a minimum of $75
20             and a maximum of $110.
21                  (E)  Minor  traffic  or  ordinance  violations,
22             $30.
23                  (F)  When court appearance required, $50.
24                  (G)  Motions to vacate or amend final orders, a
25             minimum of $40 and a maximum of $80.
26                  (H)  Motions  to vacate bond forfeiture orders,
27             a minimum of $30 and a maximum of $45.
28                  (I)  Motions  to  vacate  ex  parte  judgments,
29             whenever filed, a minimum of $30 and  a  maximum  of
30             $45.
31                  (J)  Motions to vacate judgment on forfeitures,
32             whenever  filed,  a  minimum of $25 and a maximum of
33             $30.
34                  (K)  Motions to vacate "failure to  appear"  or
 
HB2504 Engrossed            -47-     LRB093 07707 LCB 07895 b
 1             "failure to comply" notices sent to the Secretary of
 2             State, a minimum of $40 and a maximum of $50.
 3             (2)  In counties having a population of 3,000,000 or
 4        more,  when  the  violation  complaint  is  issued  by  a
 5        municipal  police department, the clerk shall be entitled
 6        to costs from each person convicted therein as follows:
 7                  (A)  Minor  traffic  or  ordinance  violations,
 8             $30.
 9                  (B)  When court appearance required, $50.
10             (3)  In ordinance violation cases punishable by fine
11        only, the clerk of the circuit court shall be entitled to
12        receive, unless the fee is excused upon a finding by  the
13        court  that  the  defendant  is  indigent, in addition to
14        other fees or costs allowed or imposed by law, the sum of
15        a minimum of $112.50 and a maximum of $250 as a  fee  for
16        the  services  of  a jury.  The jury fee shall be paid by
17        the defendant at the time  of  filing  his  or  her  jury
18        demand.   If  the fee is not so paid by the defendant, no
19        jury shall be called, and the case shall be tried by  the
20        court without a jury.
21    (x)  Transcripts of Judgment.
22             For  the  filing  of  a  transcript of judgment, the
23        clerk shall be entitled to the same fee as if it were the
24        commencement of a new suit.
25    (y)  Change of Venue.
26             (1)  For the filing of a change of case on a  change
27        of  venue, the clerk shall be entitled to the same fee as
28        if it were the commencement of a new suit.
29             (2)  The fee for the preparation  and  certification
30        of a record on a change of venue to another jurisdiction,
31        when  original  documents are forwarded, a minimum of $40
32        and a maximum of $65.
33    (z)  Tax objection complaints.
34             For each tax objection complaint containing  one  or
 
HB2504 Engrossed            -48-     LRB093 07707 LCB 07895 b
 1        more  tax objections, regardless of the number of parcels
 2        involved or  the  number  of  taxpayers  joining  in  the
 3        complaint, a minimum of $50 and a maximum of $100.
 4    (aa)  Tax Deeds.
 5             (1)  Petition  for  tax  deed, if only one parcel is
 6        involved, a minimum of $250 and a maximum of $400.
 7             (2)  For each additional parcel,  add  a  fee  of  a
 8        minimum of $100 and a maximum of $200.
 9    (bb)  Collections.
10             (1)  For  all collections made of others, except the
11        State and county  and  except  in  maintenance  or  child
12        support  cases,  a  sum  equal  to  3.0%  of  the  amount
13        collected and turned over.
14             (2)  Interest  earned on any funds held by the clerk
15        shall be turned over to the county  general  fund  as  an
16        earning of the office.
17             (3)  For  any check, draft, or other bank instrument
18        returned to the clerk for non-sufficient  funds,  account
19        closed, or payment stopped, $25.
20             (4)  In  child  support  and  maintenance cases, the
21        clerk, if authorized by an ordinance of the county board,
22        may collect an annual fee of up to $36  from  the  person
23        making  payment for maintaining child support records and
24        the processing of support orders to the State of Illinois
25        KIDS system and the recording of payments issued  by  the
26        State  Disbursement  Unit  for the official record of the
27        Court.  This fee shall be in  addition  to  and  separate
28        from  amounts  ordered to be paid as maintenance or child
29        support  and  shall  be   deposited   into   a   Separate
30        Maintenance  and  Child Support Collection Fund, of which
31        the clerk shall be the custodian, ex-officio, to be  used
32        by  the clerk to maintain child support orders and record
33        all payments issued by the State  Disbursement  Unit  for
34        the  official record of the Court.  The clerk may recover
 
HB2504 Engrossed            -49-     LRB093 07707 LCB 07895 b
 1        from the person making the maintenance or  child  support
 2        payment any additional cost incurred in the collection of
 3        this annual fee.
 4             The  clerk shall also be entitled to a fee of $5 for
 5        certifications made to the Secretary of State as provided
 6        in Section 7-703 of the Family  Financial  Responsibility
 7        Law  and  these  fees  shall  also  be deposited into the
 8        Separate Maintenance and Child Support Collection Fund.
 9    (cc)  Corrections of Numbers.
10             For correction of the case number,  case  title,  or
11        attorney  computer  identification number, if required by
12        rule of court, on  any  document  filed  in  the  clerk's
13        office,  to  be  charged against the party that filed the
14        document, a minimum of $25 and a maximum of $40.
15    (dd)  Exceptions.
16             (1)  The fee requirements of this Section shall  not
17        apply  to  police  departments  or  other law enforcement
18        agencies.  In  this  Section,  "law  enforcement  agency"
19        means  an  agency  of  the  State  or  a  unit  of  local
20        government  which  is vested by law or ordinance with the
21        duty to maintain public order  and  to  enforce  criminal
22        laws  or ordinances.  "Law enforcement agency" also means
23        the Attorney General or any state's attorney.
24             (2)  No fee provided herein shall be charged to  any
25        unit  of  local  government  or  school district. The fee
26        requirements of this  Section  shall  not  apply  to  any
27        action instituted under subsection (b) of Section 11-31-1
28        of  the  Illinois  Municipal  Code  by a private owner or
29        tenant of real property within 1200 feet of  a  dangerous
30        or  unsafe building seeking an order compelling the owner
31        or owners of the building to  take  any  of  the  actions
32        authorized under that subsection.
33    (ee)  Adoption.
34             (1)  For an adoption.............................$65
 
HB2504 Engrossed            -50-     LRB093 07707 LCB 07895 b
 1             (2)  Upon  good cause shown, the court may waive the
 2        adoption filing fee in a  special  needs  adoption.   The
 3        term  "special  needs  adoption"  shall  have the meaning
 4        ascribed to it by the Illinois Department of Children and
 5        Family Services.
 6    (ff)  Adoption exemptions.
 7             No fee other than that set forth in subsection  (ee)
 8        shall  be  charged  to  any  person in connection with an
 9        adoption proceeding  nor  may  any  fee  be  charged  for
10        proceedings   for   the  appointment  of  a  confidential
11        intermediary under the Adoption Act.
12    (Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
13    91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)