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1 | AN ACT concerning court fees.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | |||||||||||||||||||
5 | Section 27.1a as follows:
| |||||||||||||||||||
6 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
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7 | Sec. 27.1a. The fees of the clerks of the circuit court in | |||||||||||||||||||
8 | all
counties having a population of not more than
500,000 | |||||||||||||||||||
9 | inhabitants in the instances described in this Section
shall be | |||||||||||||||||||
10 | as provided in this Section.
In those instances where a minimum | |||||||||||||||||||
11 | and maximum fee is stated, the clerk of
the circuit court must | |||||||||||||||||||
12 | charge the minimum fee listed and may charge up to the
maximum | |||||||||||||||||||
13 | fee if the county board has by resolution increased the fee.
| |||||||||||||||||||
14 | The fees shall be paid in advance and
shall be as follows:
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15 | (a) Civil Cases.
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16 | The fee for filing a complaint, petition, or other | |||||||||||||||||||
17 | pleading initiating
a civil action, with the following | |||||||||||||||||||
18 | exceptions, shall be a minimum of $40 and
a maximum of | |||||||||||||||||||
19 | $160.
| |||||||||||||||||||
20 | (A) When the amount of money or damages or the | |||||||||||||||||||
21 | value of personal
property claimed does not exceed | |||||||||||||||||||
22 | $250, $10.
| |||||||||||||||||||
23 | (B) When that amount exceeds $250 but does not | |||||||||||||||||||
24 | exceed $500, a minimum
of $10 and a maximum of $20.
| |||||||||||||||||||
25 | (C) When that amount exceeds $500 but does not | |||||||||||||||||||
26 | exceed $2500, a minimum
of $25 and a maximum of $40.
| |||||||||||||||||||
27 | (D) When that amount exceeds $2500 but does not | |||||||||||||||||||
28 | exceed $15,000, a
minimum of $25 and a maximum of $75.
| |||||||||||||||||||
29 | (E) For the exercise of eminent domain, a minimum | |||||||||||||||||||
30 | of $45 and
a maximum of $150. For each additional
lot | |||||||||||||||||||
31 | or tract of land or right or interest therein subject | |||||||||||||||||||
32 | to be condemned,
the damages in respect to which shall |
| |||||||
| |||||||
1 | require separate assessment by a
jury, a minimum of $45 | ||||||
2 | and a maximum of $150.
| ||||||
3 | (a-1) Family.
| ||||||
4 | For filing a petition under the Juvenile Court Act of | ||||||
5 | 1987, $25.
| ||||||
6 | For filing a petition for a marriage license, $10.
| ||||||
7 | For performing a marriage in court, $10.
| ||||||
8 | For filing a petition under the Illinois Parentage Act | ||||||
9 | of 1984, $40.
| ||||||
10 | (b) Forcible Entry and Detainer.
| ||||||
11 | In each forcible entry and detainer case when the | ||||||
12 | plaintiff seeks
possession only or unites with his or her | ||||||
13 | claim for possession of the property
a claim for rent or | ||||||
14 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
15 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
16 | or her claim for possession with a claim for
rent or | ||||||
17 | damages or both exceeding $15,000, a minimum of $40 and a | ||||||
18 | maximum of
$160.
| ||||||
19 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
20 | When any defendant files a counterclaim as part of his | ||||||
21 | or her
answer or otherwise or joins another party as a | ||||||
22 | third party defendant, or
both, the defendant shall pay a | ||||||
23 | fee for each counterclaim or third
party action in an | ||||||
24 | amount equal to the fee he or she would have had to pay
had | ||||||
25 | he or she brought a separate action for the relief sought | ||||||
26 | in the
counterclaim or against the third party defendant, | ||||||
27 | less the amount of the
appearance fee, if that has been | ||||||
28 | paid.
| ||||||
29 | (d) Confession of Judgment.
| ||||||
30 | In a confession of judgment when the amount does not | ||||||
31 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
32 | the amount exceeds $1500, but does not exceed $15,000, a
| ||||||
33 | minimum of $40 and a maximum of $115. When the
amount | ||||||
34 | exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||||||
35 | (e) Appearance.
| ||||||
36 | The fee for filing an appearance in each civil case |
| |||||||
| |||||||
1 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
2 | follows:
| ||||||
3 | (A) When the plaintiff in a forcible entry and | ||||||
4 | detainer case seeks
possession only, a minimum of $10 | ||||||
5 | and a maximum of $50.
| ||||||
6 | (B) When the amount in the case does not exceed | ||||||
7 | $1500, a minimum of
$10 and a maximum of $30.
| ||||||
8 | (C) When that amount exceeds $1500 but does not | ||||||
9 | exceed $15,000, a
minimum of $15 and a maximum of $60.
| ||||||
10 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
11 | In garnishment affidavit, wage deduction affidavit, | ||||||
12 | and citation
petition when the amount does not exceed | ||||||
13 | $1,000, a minimum of $5 and a
maximum
of $15; when the | ||||||
14 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
15 | of $5 and a maximum of
$30; and when the amount exceeds
| ||||||
16 | $5,000, a minimum of $5 and a maximum of $50.
| ||||||
17 | (g) Petition to Vacate or Modify.
| ||||||
18 | (1) Petition to vacate or modify any final judgment or | ||||||
19 | order of
court, except in forcible entry and detainer cases | ||||||
20 | and small claims cases
or a petition to reopen an estate, | ||||||
21 | to modify, terminate, or enforce a
judgment or order for | ||||||
22 | child or spousal support, or to modify, suspend, or
| ||||||
23 | terminate an order for withholding, if filed before 30 days | ||||||
24 | after the entry
of the judgment or order, a minimum of $20 | ||||||
25 | and a maximum of $50.
| ||||||
26 | (2) Petition to vacate or modify any final judgment or | ||||||
27 | order of court,
except a petition to modify, terminate, or | ||||||
28 | enforce a judgment or order for
child or spousal support or | ||||||
29 | to modify, suspend, or terminate an order for
withholding, | ||||||
30 | if filed later than 30 days after the entry of the judgment | ||||||
31 | or
order, a minimum of $20 and a maximum of $75.
| ||||||
32 | (3) Petition to vacate order of bond forfeiture, a | ||||||
33 | minimum of $10 and a
maximum of $40.
| ||||||
34 | (h) Mailing.
| ||||||
35 | When the clerk is required to mail, the fee will be a | ||||||
36 | minimum of $2 and a
maximum of $10,
plus the cost of |
| |||||||
| |||||||
1 | postage.
| ||||||
2 | (i) Certified Copies.
| ||||||
3 | Each certified copy of a judgment after the first, | ||||||
4 | except in small
claims and forcible entry and detainer | ||||||
5 | cases, a minimum of $2 and a maximum
of $10.
| ||||||
6 | (j) Habeas Corpus.
| ||||||
7 | For filing a petition for relief by habeas corpus, a | ||||||
8 | minimum of $60 and a
maximum of $100.
| ||||||
9 | (k) Certification, Authentication, and Reproduction.
| ||||||
10 | (1) Each certification or authentication for taking | ||||||
11 | the acknowledgment
of a deed or other instrument in writing | ||||||
12 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
13 | $6.
| ||||||
14 | (2) Court appeals when original documents are | ||||||
15 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
16 | minimum of $20 and a maximum of $60.
| ||||||
17 | (3) Court appeals when original documents are | ||||||
18 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
19 | minimum of $50 and a maximum of $150.
| ||||||
20 | (4) Court appeals when original documents are | ||||||
21 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
22 | of 20 cents and a maximum of 25 cents per page.
| ||||||
23 | (5) For reproduction of any document contained in the | ||||||
24 | clerk's files:
| ||||||
25 | (A) First page, a minimum of $1 and a maximum
of | ||||||
26 | $2.
| ||||||
27 | (B) Next 19 pages, 50 cents per page.
| ||||||
28 | (C) All remaining pages, 25 cents per page.
| ||||||
29 | (l) Remands.
| ||||||
30 | In any cases remanded to the Circuit Court from the | ||||||
31 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
32 | clerk shall file the remanding
order and reinstate the case | ||||||
33 | with either its original number or a new number.
The Clerk | ||||||
34 | shall not charge any new or additional fee for the | ||||||
35 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
36 | the parties of the reinstatement. A
party shall have the |
| |||||||
| |||||||
1 | same right to a jury trial on remand and reinstatement as
| ||||||
2 | he or she had before the appeal, and no additional or new | ||||||
3 | fee or charge shall
be made for a jury trial after remand.
| ||||||
4 | (m) Record Search.
| ||||||
5 | For each record search, within a division or municipal | ||||||
6 | district, the
clerk shall be entitled to a search fee of a | ||||||
7 | minimum of $4 and a maximum of
$6 for each year searched.
| ||||||
8 | (n) Hard Copy.
| ||||||
9 | For each page of hard copy print output, when case | ||||||
10 | records are
maintained on an automated medium, the clerk | ||||||
11 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
12 | of $6.
| ||||||
13 | (o) Index Inquiry and Other Records.
| ||||||
14 | No fee shall be charged for a single | ||||||
15 | plaintiff/defendant index inquiry
or single case record | ||||||
16 | inquiry when this request is made in person and the
records | ||||||
17 | are maintained in a current automated medium, and when no | ||||||
18 | hard copy
print output is requested. The fees to be charged | ||||||
19 | for management records,
multiple case records, and | ||||||
20 | multiple journal records may be specified by the
Chief | ||||||
21 | Judge pursuant to the guidelines for access and | ||||||
22 | dissemination of
information approved by the Supreme | ||||||
23 | Court.
| ||||||
24 | (p) (Blank).
| ||||||
25 | a minimum of $25 and a maximum
of $50
| ||||||
26 | (q) Alias Summons.
| ||||||
27 | For each alias summons or citation issued by the clerk, | ||||||
28 | a minimum of $2
and a maximum of $5.
| ||||||
29 | (r) Other Fees.
| ||||||
30 | Any fees not covered in this Section shall be set by | ||||||
31 | rule or
administrative order of the Circuit Court with the | ||||||
32 | approval of the
Administrative Office of the Illinois | ||||||
33 | Courts.
| ||||||
34 | The clerk of the circuit court may provide additional | ||||||
35 | services for
which there is no fee specified by statute in | ||||||
36 | connection with the operation
of the clerk's office as may |
| |||||||
| |||||||
1 | be requested by the public and agreed to by
the clerk and | ||||||
2 | approved by the chief judge of the circuit court. Any
| ||||||
3 | charges for additional services shall be as agreed to
| ||||||
4 | between the clerk and the party making the request and | ||||||
5 | approved by the
chief judge of the circuit court. Nothing | ||||||
6 | in this
subsection shall be construed to require any clerk | ||||||
7 | to provide any service
not otherwise required by law.
| ||||||
8 | (s) Jury Services.
| ||||||
9 | The clerk shall be entitled to receive, in addition to | ||||||
10 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
11 | and a maximum of $212.50, as a fee for the services of a | ||||||
12 | jury in
every civil action not quasi-criminal in its nature | ||||||
13 | and not a proceeding
for the exercise of the right of | ||||||
14 | eminent domain and in every other action
wherein the right | ||||||
15 | of trial by jury is or may be given by law. The jury fee
| ||||||
16 | shall be paid by the party demanding a jury at the time of | ||||||
17 | filing the jury
demand. If the fee is not paid by either | ||||||
18 | party, no jury shall be called in
the action or proceeding, | ||||||
19 | and the same shall be tried by the court without
a jury.
| ||||||
20 | (t) Voluntary Assignment.
| ||||||
21 | For filing each deed of voluntary assignment, a minimum | ||||||
22 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
23 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
24 | words. Exceptions filed to claims presented
to an assignee | ||||||
25 | of a debtor who has made a voluntary assignment for the
| ||||||
26 | benefit of creditors shall be considered and treated, for | ||||||
27 | the purpose of
taxing costs therein, as actions in which | ||||||
28 | the party or parties filing
the exceptions shall be | ||||||
29 | considered as party or parties plaintiff, and
the claimant | ||||||
30 | or claimants as party or parties defendant, and those
| ||||||
31 | parties respectively shall pay to the clerk the same fees
| ||||||
32 | as provided by this Section to be paid in other actions.
| ||||||
33 | (u) Expungement Petition.
| ||||||
34 | The clerk shall be entitled to receive a fee of a | ||||||
35 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
36 | petition filed and an additional fee of a minimum of $2 and |
| |||||||
| |||||||
1 | a
maximum of $4 for each certified
copy of an order to | ||||||
2 | expunge arrest records.
| ||||||
3 | (v) Probate.
| ||||||
4 | The clerk is entitled to receive the fees
specified in | ||||||
5 | this subsection (v), which shall be paid in advance,
except | ||||||
6 | that, for good cause shown, the court may suspend, reduce, | ||||||
7 | or
release the costs payable under this subsection:
| ||||||
8 | (1) For administration of the estate of a decedent | ||||||
9 | (whether testate
or intestate) or of a missing person, a | ||||||
10 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
11 | specified in
subsection (v)(3), except:
| ||||||
12 | (A) When the value of the real and personal | ||||||
13 | property does not exceed
$15,000, the fee shall be a | ||||||
14 | minimum of $25 and a maximum of $40.
| ||||||
15 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
16 | a domestic or
foreign will is admitted to probate | ||||||
17 | without administration (including
proof of heirship), | ||||||
18 | or (iii) letters of office are issued for a particular
| ||||||
19 | purpose without administration of the estate, the fee | ||||||
20 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
21 | (C) For filing a petition to sell Real Estate, $50.
| ||||||
22 | (2) For administration of the estate of a ward, a | ||||||
23 | minimum of $50 and a
maximum of $75,
plus the fees | ||||||
24 | specified in subsection (v)(3), except:
| ||||||
25 | (A) When the value of the real and personal | ||||||
26 | property does not exceed
$15,000, the fee shall be a | ||||||
27 | minimum of $25 and a maximum of $40.
| ||||||
28 | (B) When (i) letters of office are issued to a | ||||||
29 | guardian of the person
or persons,
but not of the | ||||||
30 | estate or (ii) letters of office are issued in the | ||||||
31 | estate of
a ward without administration of the estate, | ||||||
32 | including filing or joining in
the filing of a tax | ||||||
33 | return or releasing a mortgage or consenting to the
| ||||||
34 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
35 | and a maximum of
$20.
| ||||||
36 | (C) For filing a Petition to sell Real Estate, $50.
|
| |||||||
| |||||||
1 | (3) In addition to the fees payable under subsection | ||||||
2 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
3 | payable:
| ||||||
4 | (A) For each account (other than one final account) | ||||||
5 | filed in the
estate of a decedent, or ward, a minimum | ||||||
6 | of $10 and a maximum of $25.
| ||||||
7 | (B) For filing a claim in an estate when the amount | ||||||
8 | claimed is $150
or more but less than $500, a minimum | ||||||
9 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
10 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
11 | and a maximum of $40; when
the amount claimed is | ||||||
12 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
13 | provided that the court in allowing a claim may add to | ||||||
14 | the
amount
allowed the filing fee paid by the claimant.
| ||||||
15 | (C) For filing in an estate a claim, petition, or | ||||||
16 | supplemental
proceeding based upon an action seeking | ||||||
17 | equitable relief including the
construction or contest | ||||||
18 | of a will, enforcement of a contract to make a
will, | ||||||
19 | and proceedings involving testamentary trusts or the | ||||||
20 | appointment of
testamentary trustees, a minimum of $40 | ||||||
21 | and a maximum of $60.
| ||||||
22 | (D) For filing in an estate (i) the appearance of | ||||||
23 | any person for the
purpose of consent or (ii) the | ||||||
24 | appearance of an executor, administrator,
| ||||||
25 | administrator to collect, guardian, guardian ad litem, | ||||||
26 | or special
administrator, no fee.
| ||||||
27 | (E) Except as provided in subsection (v)(3)(D), | ||||||
28 | for filing the
appearance of any person or persons, a | ||||||
29 | minimum of $10 and a maximum of $30.
| ||||||
30 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
31 | maximum of
$137.50.
| ||||||
32 | (G) For disposition of the collection of a judgment | ||||||
33 | or settlement of
an action or claim for wrongful death | ||||||
34 | of a decedent or of any cause of
action of a ward, when | ||||||
35 | there is no other administration of the estate, a
| ||||||
36 | minimum of $30 and a maximum of $50,
less any amount |
| |||||||
| |||||||
1 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
2 | that if
the amount involved does not exceed $5,000, the | ||||||
3 | fee, including any amount
paid under subsection | ||||||
4 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| ||||||
5 | maximum of $20.
| ||||||
6 | (H) For each certified copy of letters of office, | ||||||
7 | of court order or
other certification, a minimum of $1 | ||||||
8 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
9 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
10 | document certified.
| ||||||
11 | (I) For each exemplification, a minimum of $1 and a | ||||||
12 | maximum of $2, plus the fee for certification.
| ||||||
13 | (4) The executor, administrator, guardian, petitioner,
| ||||||
14 | or other interested person or his or her attorney shall pay | ||||||
15 | the cost of
publication by the clerk directly to the | ||||||
16 | newspaper.
| ||||||
17 | (5) The person on whose behalf a charge is incurred for | ||||||
18 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
19 | fee shall pay the same
directly to the person entitled | ||||||
20 | thereto.
| ||||||
21 | (6) The executor, administrator, guardian, petitioner, | ||||||
22 | or other
interested person or his or her attorney shall pay | ||||||
23 | to the clerk all postage
charges incurred by the clerk in | ||||||
24 | mailing petitions, orders, notices, or
other documents | ||||||
25 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
26 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
27 | (1) The clerk shall be entitled to costs in all | ||||||
28 | criminal
and quasi-criminal cases from each person | ||||||
29 | convicted or sentenced to
supervision therein as follows:
| ||||||
30 | (A) Felony complaints, a minimum of $40 and a | ||||||
31 | maximum of $100.
| ||||||
32 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
33 | maximum of $75.
| ||||||
34 | (C) Business offense complaints, a minimum of $25 | ||||||
35 | and a maximum of
$75.
| ||||||
36 | (D) Petty offense complaints, a minimum of $25 and |
| |||||||
| |||||||
1 | a maximum of $75.
| ||||||
2 | (E) Minor traffic or ordinance violations, $10 , or | ||||||
3 | the maximum fee that was allowed by law on June 30, | ||||||
4 | 2003 .
| ||||||
5 | (F) When court appearance required, $15.
| ||||||
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, a | ||||||
9 | minimum of $20 and
a maximum of $40.
| ||||||
10 | (I) Motions to vacate ex parte judgments, whenever | ||||||
11 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
12 | (J) Motions to vacate judgment on forfeitures, | ||||||
13 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
14 | (K) Motions to vacate "failure to appear" or | ||||||
15 | "failure to comply"
notices sent to the Secretary of | ||||||
16 | State, a minimum of $20 and a maximum of
$40.
| ||||||
17 | (2) In counties having a population of not
more
than | ||||||
18 | 500,000 inhabitants, when the violation complaint is
| ||||||
19 | issued by a
municipal police department, the clerk shall be | ||||||
20 | entitled to costs from each
person convicted therein as | ||||||
21 | follows:
| ||||||
22 | (A) Minor traffic or ordinance violations, $10.
| ||||||
23 | (B) When court appearance required, $15.
| ||||||
24 | (3) In ordinance violation cases punishable by fine | ||||||
25 | only, the clerk
of the circuit court shall be entitled to | ||||||
26 | receive, unless the fee is
excused upon a finding by the | ||||||
27 | court that the defendant is indigent, in
addition to other | ||||||
28 | fees or costs allowed or imposed by law, the sum of a
| ||||||
29 | minimum of $62.50 and a maximum of $137.50
as a fee for the | ||||||
30 | services of a jury. The jury fee shall be paid by the
| ||||||
31 | defendant at the time of filing his or her jury demand. If | ||||||
32 | the fee is not
so paid by the defendant, no jury shall be | ||||||
33 | called, and the case shall be
tried by the court without a | ||||||
34 | jury.
| ||||||
35 | (x) Transcripts of Judgment.
| ||||||
36 | For the filing of a transcript of judgment, the clerk |
| |||||||
| |||||||
1 | shall be entitled
to the same fee as if it were the | ||||||
2 | commencement of a new suit.
| ||||||
3 | (y) Change of Venue.
| ||||||
4 | (1) For the filing of a change of case on a change of | ||||||
5 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
6 | were the commencement of a new suit.
| ||||||
7 | (2) The fee for the preparation and certification of a | ||||||
8 | record on a
change of venue to another jurisdiction, when | ||||||
9 | original documents are
forwarded, a minimum of $10 and a | ||||||
10 | maximum of $40.
| ||||||
11 | (z) Tax objection complaints.
| ||||||
12 | For each tax objection complaint containing one or more | ||||||
13 | tax
objections, regardless of the number of parcels | ||||||
14 | involved or the number of
taxpayers joining on the | ||||||
15 | complaint, a minimum of $10 and a maximum of $50.
| ||||||
16 | (aa) Tax Deeds.
| ||||||
17 | (1) Petition for tax deed, if only one parcel is | ||||||
18 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
19 | (2) For each additional parcel, add a fee of a minimum | ||||||
20 | of $10 and a
maximum of $60.
| ||||||
21 | (bb) Collections.
| ||||||
22 | (1) For all collections made of others, except the | ||||||
23 | State and county
and except in maintenance or child support | ||||||
24 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
25 | of
the amount collected and turned over.
| ||||||
26 | (2) Interest earned on any funds held by the clerk | ||||||
27 | shall be turned
over to the county general fund as an | ||||||
28 | earning of the office.
| ||||||
29 | (3) For any check, draft, or other bank instrument | ||||||
30 | returned to the
clerk for non-sufficient funds, account | ||||||
31 | closed, or
payment stopped, $25.
| ||||||
32 | (4) In child support and maintenance cases, the clerk, | ||||||
33 | if authorized by an
ordinance of the county board, may | ||||||
34 | collect an annual fee of up to $36 from
the person making | ||||||
35 | payment for maintaining child support records and the
| ||||||
36 | processing of support orders to the State of Illinois KIDS |
| |||||||
| |||||||
1 | system and the
recording of payments issued by the State | ||||||
2 | Disbursement Unit for the official
record of the Court. | ||||||
3 | This fee shall be in addition
to and separate from amounts | ||||||
4 | ordered to be paid as maintenance or child
support and | ||||||
5 | shall be deposited into a Separate Maintenance and Child | ||||||
6 | Support
Collection Fund, of which the clerk shall be the | ||||||
7 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
8 | child support orders and record all payments
issued by the | ||||||
9 | State Disbursement Unit for the official record of the | ||||||
10 | Court.
The clerk may recover from the person making the | ||||||
11 | maintenance or child support
payment any additional cost | ||||||
12 | incurred in the collection of this annual
fee.
| ||||||
13 | The clerk shall also be entitled to a fee of $5 for | ||||||
14 | certifications made
to the Secretary of State as provided | ||||||
15 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
16 | and these fees shall also be deposited into the
Separate | ||||||
17 | Maintenance and Child Support Collection Fund.
| ||||||
18 | (cc) Corrections of Numbers.
| ||||||
19 | For correction of the case number, case
title, or | ||||||
20 | attorney computer identification number, if required by | ||||||
21 | rule of
court, on any document filed in the clerk's office, | ||||||
22 | to be charged against
the party that filed the document, a | ||||||
23 | minimum of $10 and a maximum of $25.
| ||||||
24 | (dd) Exceptions.
| ||||||
25 | (1) The fee requirements of this Section shall not | ||||||
26 | apply to police
departments or other law enforcement | ||||||
27 | agencies. In this Section, "law
enforcement agency" means | ||||||
28 | an agency of the State or a unit of local
government which | ||||||
29 | is vested by law or ordinance with the duty to maintain
| ||||||
30 | public order and to enforce criminal laws or ordinances. | ||||||
31 | "Law enforcement
agency" also means the Attorney General or | ||||||
32 | any state's attorney.
| ||||||
33 | (2) No fee provided herein shall be charged to any unit | ||||||
34 | of local
government or school district.
| ||||||
35 | (3) The fee requirements of this Section shall not | ||||||
36 | apply to any action
instituted under subsection (b) of |
| |||||||
| |||||||
1 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
2 | owner or tenant of real property within 1200 feet of a
| ||||||
3 | dangerous or unsafe building seeking an order compelling | ||||||
4 | the owner or owners of
the building to take any of the | ||||||
5 | actions authorized under that subsection.
| ||||||
6 | (4) The fee requirements of this Section shall not | ||||||
7 | apply to the filing of
any
commitment petition or petition | ||||||
8 | for an order authorizing the administration of
authorized
| ||||||
9 | involuntary treatment in the form of medication under the | ||||||
10 | Mental Health and
Developmental Disabilities Code.
| ||||||
11 | (ee) Adoptions.
| ||||||
12 | (1) For an adoption ...................................$65
| ||||||
13 | (2) Upon good cause shown, the court may waive the | ||||||
14 | adoption filing fee in
a special needs adoption. The term | ||||||
15 | "special needs adoption" shall have the
meaning ascribed to | ||||||
16 | it by the Illinois Department of Children and Family
| ||||||
17 | Services.
| ||||||
18 | (ff) Adoption exemptions.
| ||||||
19 | No fee other than that set forth in subsection (ee) | ||||||
20 | shall be charged to any
person in connection with an | ||||||
21 | adoption proceeding nor may any fee be charged for
| ||||||
22 | proceedings for the appointment of a confidential | ||||||
23 | intermediary under the
Adoption Act.
| ||||||
24 | (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | ||||||
25 | eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | ||||||
26 | revised 9-5-03.)
| ||||||
27 | Section 99. Effective date. This Act takes effect upon | ||||||
28 | becoming law.
|