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1 | AN ACT concerning 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 State Finance Act is amended by adding | ||||||
5 | Sections 5.675, 5.676, 6z-69, and 6z-70 and changing Section 8h | ||||||
6 | as follows: | ||||||
7 | (30 ILCS 105/5.675 new) | ||||||
8 | Sec. 5.675. The Married Families Domestic Violence Fund. | ||||||
9 | (30 ILCS 105/5.676 new) | ||||||
10 | Sec. 5.676. The Domestic Violence Legal Assistance Fund. | ||||||
11 | (30 ILCS 105/6z-69 new)
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12 | Sec. 6z-69. Married Families Domestic Violence Fund. The | ||||||
13 | Married Families Domestic Violence Fund is created as a special | ||||||
14 | fund in the State treasury. Subject to appropriation and | ||||||
15 | subject to approval by the Attorney General, the moneys in the | ||||||
16 | Fund shall be paid as grants to public or private nonprofit | ||||||
17 | agencies solely for the purposes of facilitating or providing | ||||||
18 | free domestic violence legal advocacy, assistance, or services | ||||||
19 | to married or formerly married victims of domestic violence | ||||||
20 | related to order of protection proceedings, dissolution of | ||||||
21 | marriage proceedings, declaration of invalidity of marriage |
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1 | proceedings, legal separation proceedings, child custody | ||||||
2 | proceedings, visitation proceedings, or other proceedings for | ||||||
3 | civil remedies for domestic violence.
The Attorney General | ||||||
4 | shall adopt rules concerning application for and disbursement | ||||||
5 | of the moneys in the Fund. | ||||||
6 | (30 ILCS 105/6z-70 new)
| ||||||
7 | Sec. 6z-70. Domestic Violence Legal Assistance Fund. The | ||||||
8 | Domestic Violence Legal Assistance Fund is created as a special | ||||||
9 | fund in the State treasury. Subject to appropriation and | ||||||
10 | subject to approval by the Attorney General, the moneys in the | ||||||
11 | Fund shall be paid as grants to public or private nonprofit | ||||||
12 | agencies solely for the purposes of facilitating or providing | ||||||
13 | free domestic violence legal advocacy, assistance, or services | ||||||
14 | to domestic violence victims related to order of protection | ||||||
15 | proceedings, dissolution of marriage proceedings, declaration | ||||||
16 | of invalidity of marriage proceedings, legal separation | ||||||
17 | proceedings, child custody proceedings, visitation | ||||||
18 | proceedings, or other proceedings for civil remedies for | ||||||
19 | domestic violence. The Attorney General shall adopt rules | ||||||
20 | concerning application for and disbursement of the moneys in | ||||||
21 | the Fund. | ||||||
22 | (30 ILCS 105/8h)
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23 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
24 | (a) Except as otherwise provided in this Section and |
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1 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
2 | any other
State law to the contrary, the Governor
may, through | ||||||
3 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
4 | Comptroller to transfer
a specified sum from any fund held by | ||||||
5 | the State Treasurer to the General
Revenue Fund in order to | ||||||
6 | help defray the State's operating costs for the
fiscal year. | ||||||
7 | The total transfer under this Section from any fund in any
| ||||||
8 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
9 | revenues to be deposited
into the fund during that fiscal year | ||||||
10 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
11 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
12 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
13 | balances, the Governor may calculate and direct the State | ||||||
14 | Treasurer with the Comptroller to transfer additional amounts | ||||||
15 | determined by applying the formula authorized in Public Act | ||||||
16 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
17 | be made from a fund under this Section that would have the
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18 | effect of reducing the available balance in the fund to an | ||||||
19 | amount less than
the amount remaining unexpended and unreserved | ||||||
20 | from the total appropriation
from that fund estimated to be | ||||||
21 | expended for that fiscal year. This Section does not apply to | ||||||
22 | any
funds that are restricted by federal law to a specific use, | ||||||
23 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
24 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
25 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
26 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
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1 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
2 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
3 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
4 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
5 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
6 | Facility Development and Operation Fund, the Horse Racing | ||||||
7 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
8 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
9 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
10 | transfers may be made under this Section from the Pet | ||||||
11 | Population Control Fund. Notwithstanding any
other provision | ||||||
12 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
13 | this Section from the Road Fund or the State
Construction | ||||||
14 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
15 | revenues to be deposited
into the fund during that fiscal year | ||||||
16 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
17 | year 2005 through fiscal year 2007, no amounts may be | ||||||
18 | transferred under this Section from the Road Fund, the State | ||||||
19 | Construction Account Fund, the Criminal Justice Information | ||||||
20 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
21 | Mandatory Arbitration Fund.
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22 | In determining the available balance in a fund, the | ||||||
23 | Governor
may include receipts, transfers into the fund, and | ||||||
24 | other
resources anticipated to be available in the fund in that | ||||||
25 | fiscal year.
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26 | The State Treasurer and Comptroller shall transfer the |
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1 | amounts designated
under this Section as soon as may be | ||||||
2 | practicable after receiving the direction
to transfer from the | ||||||
3 | Governor.
| ||||||
4 | (a-5) Transfers directed to be made under this Section on | ||||||
5 | or before February 28, 2006 that are still pending on May 19, | ||||||
6 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
7 | Act of the 94th General Assembly shall be redirected as | ||||||
8 | provided in Section 8n of this Act.
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9 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
10 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
11 | Services and Resources Act; or (iii) on or after January 1, | ||||||
12 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
13 | and Day and Temporary Labor Enforcement Fund. | ||||||
14 | (c) This Section does not apply to the Demutualization | ||||||
15 | Trust Fund established under the Uniform Disposition of | ||||||
16 | Unclaimed Property Act.
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17 | (d) This Section does not apply to moneys set aside in the | ||||||
18 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
19 | scholarships and residency programs under the Podiatric | ||||||
20 | Scholarship and Residency Act. | ||||||
21 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
22 | be made under this Section from, the Pension Stabilization | ||||||
23 | Fund.
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24 | (f) This Section does not apply to the Married Families | ||||||
25 | Domestic Violence Fund or the Domestic Violence Legal | ||||||
26 | Assistance Fund.
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1 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
2 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
3 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
4 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
5 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
6 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
7 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
8 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
9 | eff. 6-6-06; revised 6-19-06.)
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10 | Section 10. The Counties Code is amended by changing | ||||||
11 | Sections 4-4001 and 4-12003 as follows:
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12 | (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
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13 | Sec. 4-4001. County Clerks; counties of first and second | ||||||
14 | class. The fees of the county clerk in counties of the first | ||||||
15 | and second
class, except when increased by county ordinance | ||||||
16 | pursuant to the
provisions of this Section, shall be:
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17 | For each official copy of any process, file, record or | ||||||
18 | other
instrument of and pertaining to his office, 50¢ for each | ||||||
19 | 100 words, and
$1 additional for certifying and sealing the | ||||||
20 | same.
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21 | For filing any paper not herein otherwise provided for, $1, | ||||||
22 | except that
no fee shall be charged for filing a Statement of | ||||||
23 | economic interest pursuant
to the Illinois Governmental Ethics | ||||||
24 | Act or reports made pursuant to Article
9 of The Election Code.
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1 | For issuance of fireworks permits, $2.
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2 | For issuance of liquor licenses, $5.
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3 | For filing and recording of the appointment and oath of | ||||||
4 | each public
official, $3.
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5 | For officially certifying and sealing each copy of any | ||||||
6 | process, file,
record or other instrument of and pertaining to | ||||||
7 | his office, $1.
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8 | For swearing any person to an affidavit, $1.
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9 | For issuing each license in all matters except where the | ||||||
10 | fee for the
issuance thereof is otherwise fixed, $4.
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11 | For issuing each marriage license, the certificate | ||||||
12 | thereof, and for
recording the same, including the recording of | ||||||
13 | the parent's or
guardian's consent where indicated, $20
$15 . $5 | ||||||
14 | from all marriage license fees shall be remitted by the clerk | ||||||
15 | to the State Treasurer for deposit into the Married Families | ||||||
16 | Domestic Violence Fund.
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17 | For taking and certifying acknowledgments to any | ||||||
18 | instrument, except
where herein otherwise provided for, $1.
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19 | For issuing each certificate of appointment or commission, | ||||||
20 | the fee
for which is not otherwise fixed by law, $1.
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21 | For cancelling tax sale and issuing and sealing | ||||||
22 | certificates of
redemption, $3.
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23 | For issuing order to county treasurer for redemption of | ||||||
24 | forfeited
tax, $2.
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25 | For trying and sealing weights and measures by county | ||||||
26 | standard,
together with all actual expenses in connection |
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1 | therewith, $1.
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2 | For services in case of estrays, $2.
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3 | The following fees shall be allowed for services attending | ||||||
4 | the sale
of land for taxes, and shall be charged as costs | ||||||
5 | against the delinquent
property and be collected with the taxes | ||||||
6 | thereon:
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7 | For services in attending the tax sale and issuing | ||||||
8 | certificate of
sale and sealing the same, for each tract or | ||||||
9 | town lot sold, $4.
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10 | For making list of delinquent lands and town lots sold, to | ||||||
11 | be filed
with the Comptroller, for each tract or town lot sold, | ||||||
12 | 10¢.
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13 | The foregoing fees allowed by this Section are the maximum | ||||||
14 | fees that
may be collected from any officer, agency, department | ||||||
15 | or other
instrumentality of the State. The county board may, | ||||||
16 | however, by ordinance,
increase the fees allowed by this | ||||||
17 | Section and collect such increased fees
from all persons and | ||||||
18 | entities other than officers, agencies, departments
and other | ||||||
19 | instrumentalities of the State if the increase is justified by | ||||||
20 | an
acceptable cost study showing that the fees allowed by this | ||||||
21 | Section are not
sufficient to cover the cost of providing the | ||||||
22 | service.
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23 | A Statement of the costs of providing each service, program
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24 | and activity shall be prepared by the county board.
All | ||||||
25 | supporting documents shall be public record and subject to | ||||||
26 | public
examination and audit. All direct and indirect costs, as |
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1 | defined in the
United States Office of Management and Budget | ||||||
2 | Circular A-87, may be
included in the determination of the | ||||||
3 | costs of each
service, program and activity.
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4 | The county clerk in all cases may demand and receive the | ||||||
5 | payment of
all fees for services in advance so far as the same | ||||||
6 | can be ascertained.
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7 | The county board of any county of the first or second class | ||||||
8 | may by
ordinance authorize the county clerk to impose an | ||||||
9 | additional $2 charge for
certified copies of vital records as | ||||||
10 | defined in Section 1 of the Vital
Records Act, for the sole | ||||||
11 | purpose of defraying the cost of converting the
county clerk's | ||||||
12 | document storage system for vital records as defined in
Section | ||||||
13 | 1 of the Vital Records Act to computers or micrographics, and | ||||||
14 | for
maintaining such system.
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15 | The county board of any county of the first or second class | ||||||
16 | may by
ordinance authorize the county treasurer to establish a | ||||||
17 | special fund for
deposit of the additional charge. Moneys in | ||||||
18 | the special fund shall be used
solely to provide the equipment, | ||||||
19 | material and necessary expenses incurred
to help defray the | ||||||
20 | cost of implementing and maintaining such document
storage | ||||||
21 | system.
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22 | (Source: P.A. 86-962.)
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23 | (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
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24 | Sec. 4-12003. Fees of county clerk in third class counties. | ||||||
25 | The fees of the county clerk in counties of the third class |
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1 | are:
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2 | For issuing each marriage license, sealing, filing and | ||||||
3 | recording the
same and the certificate thereto (one charge), | ||||||
4 | $35
$30 . $5 from all marriage license fees shall be remitted by | ||||||
5 | the clerk to the State Treasurer for deposit into the Married | ||||||
6 | Families Domestic Violence Fund.
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7 | For taking, certifying to and sealing the acknowledgment of | ||||||
8 | a deed,
power of attorney, or other writing, $1.
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9 | For filing and entering certificates in case of estrays, | ||||||
10 | and
furnishing notices for publication thereof (one charge), | ||||||
11 | $1.50.
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12 | For recording all papers and documents required by law to | ||||||
13 | be recorded
in the office of the county clerk, $2 plus 30¢ for | ||||||
14 | every 100 words in
excess of 600 words.
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15 | For certificate and seal, not in a case in a court whereof | ||||||
16 | he is
clerk, $1.
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17 | For making and certifying a copy of any record or paper in | ||||||
18 | his
office, $2 for every page.
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19 | For filing papers in his office, 50¢ for each paper filed, | ||||||
20 | except
that no fee shall be charged for filing a Statement of | ||||||
21 | economic interest
pursuant to the Illinois Governmental Ethics | ||||||
22 | Act or reports made
pursuant to Article 9 of The Election Code.
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23 | For making transcript of taxable property for the | ||||||
24 | assessors, 8¢ for
each tract of land or town lot. For extending | ||||||
25 | other than State and
county taxes, 8¢ for each tax on each | ||||||
26 | tract or lot, and 8¢ for each
person's personal tax, to be paid |
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1 | by the authority for whose benefit the
transcript is made and | ||||||
2 | the taxes extended. The county clerk shall
certify to the | ||||||
3 | county collector the amount due from each authority for
such | ||||||
4 | services and the collector in his settlement with such | ||||||
5 | authority
shall reserve such amount from the amount payable by | ||||||
6 | him to such
authority.
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7 | For adding and bringing forward with current tax warrants | ||||||
8 | amounts due
for forfeited or withdrawn special assessments, 8¢ | ||||||
9 | for each lot or tract
of land described and transcribed.
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10 | For computing and extending each assessment or installment | ||||||
11 | thereof
and interest, 8¢ on each description; and for computing | ||||||
12 | and extending
each penalty, 8¢ on each description. These fees | ||||||
13 | shall be paid by the
city, village, or taxing body for whose | ||||||
14 | benefit the transcript is made
and the assessment and penalties | ||||||
15 | are extended. The county clerk shall
certify to the county | ||||||
16 | collector the amount due from each city, village
or taxing | ||||||
17 | body, for such services, and the collector in his settlement
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18 | with such taxing body shall reserve such amount from the amount | ||||||
19 | payable
by him to such city, village or other taxing body.
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20 | For cancelling certificates of sale, $4 for each tract or | ||||||
21 | lot.
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22 | For making search and report of general taxes and special | ||||||
23 | assessments
for use in the preparation of estimate of cost of | ||||||
24 | redemption from sales
or forfeitures or withdrawals or for use | ||||||
25 | in the preparation of estimate
of cost of purchase of forfeited | ||||||
26 | property, or for use in preparation of
order on the county |
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1 | collector for searches requested by buyers at annual
tax sale, | ||||||
2 | for each lot or tract, $4 for the first year searched,
and $2 | ||||||
3 | for each additional year or fraction thereof.
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4 | For preparing from tax search report estimate of cost of | ||||||
5 | redemption
concerning property sold, forfeited or withdrawn | ||||||
6 | for non-payment of
general taxes and special assessments, if | ||||||
7 | any, $1 for each lot or
tract.
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8 | For certificate of deposit for redemption, $4.
| ||||||
9 | For preparing from tax search report estimate of and order | ||||||
10 | to county
collector to receive amount necessary to redeem or | ||||||
11 | purchase lands or
lots forfeited for non-payment of general | ||||||
12 | taxes, $3 for each lot or
tract.
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13 | For preparing from tax search report estimate of and order | ||||||
14 | to county
collector to receive amount necessary to redeem or | ||||||
15 | purchase lands or
lots forfeited for non-payment of special | ||||||
16 | assessments, $4 for each lot
or tract.
| ||||||
17 | For issuing certificate of sale of forfeited property, $10.
| ||||||
18 | For noting on collector's warrants tax sales subject to | ||||||
19 | redemption,
20¢ for each tract or lot of land, to be paid by | ||||||
20 | either the person
making the redemption from tax sale, the | ||||||
21 | person surrendering the
certificate of sale for cancellation, | ||||||
22 | or the person taking out tax deed.
| ||||||
23 | For noting on collector's warrant special assessments | ||||||
24 | withdrawn from
collection 20¢ for each tract or lot of land, to | ||||||
25 | be charged against the
lot assessed in the withdrawn special | ||||||
26 | assessment when brought forward
with current tax or when |
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1 | redeemed by the county clerk. The county clerk
shall certify to | ||||||
2 | the county collector the amount due from each city,
village or | ||||||
3 | taxing body for such fees, each year, and the county
collector | ||||||
4 | in his settlement with such taxing body shall reserve such
| ||||||
5 | amount from the amount payable by him to such taxing body.
| ||||||
6 | For taking and approving official bond of a town assessor, | ||||||
7 | filing and
recording same, and issuing certificate of election | ||||||
8 | or qualification to
such official or to the Secretary of State, | ||||||
9 | $10, to be paid by the
officer-elect.
| ||||||
10 | For certified copies of plats, 20¢ for each lot shown in | ||||||
11 | copy, but no
charge less than $4.
| ||||||
12 | For tax search and issuing Statement regarding same on new | ||||||
13 | plats to
be recorded, $10.
| ||||||
14 | For furnishing written description in conformity with | ||||||
15 | permanent real
estate index number, $2 for each written | ||||||
16 | description.
| ||||||
17 | The following fees shall be allowed for services in matters | ||||||
18 | of taxes
and assessments, and shall be charged as costs against | ||||||
19 | the delinquent
property, and collected with the taxes thereon:
| ||||||
20 | For entering judgment, 8¢ for each tract or lot.
| ||||||
21 | For services in attending the tax sale and issuing | ||||||
22 | certificates of
sale and sealing the same, $10 for each tract | ||||||
23 | or lot.
| ||||||
24 | For making list of delinquent lands and town lots sold, to | ||||||
25 | be filed
with the State Comptroller, 10¢ for each tract or lot | ||||||
26 | sold.
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1 | The following fees shall be audited and allowed by the | ||||||
2 | board of
county commissioners and paid from the county | ||||||
3 | treasury.
| ||||||
4 | For computing State or county taxes, on each description of | ||||||
5 | real
estate and each person's, firm's or corporation's personal | ||||||
6 | property tax,
for each extension of each tax, 4¢, which shall | ||||||
7 | include the transcribing
of the collector's books.
| ||||||
8 | For computing, extending and bringing forward, and adding | ||||||
9 | to the
current tax, the amount due for general taxes on lands | ||||||
10 | and lots
previously forfeited to the State, for each extension | ||||||
11 | of each tax, 4¢
for the first year, and for computing and | ||||||
12 | extending the tax and penalty
for each additional year, 6¢.
| ||||||
13 | For making duplicate or triplicate sets of books, | ||||||
14 | containing
transcripts of taxable property, for the board of | ||||||
15 | assessors and board of
review, 3¢ for each description entered | ||||||
16 | in each book.
| ||||||
17 | For filing, indexing and recording or binding each birth, | ||||||
18 | death or
stillbirth certificate or report, 15¢, which fee shall | ||||||
19 | be in full for
all services in connection therewith, including | ||||||
20 | the keeping of accounts
with district registrars.
| ||||||
21 | For posting new subdivisions or plats in official atlases, | ||||||
22 | 25¢ for
each lot.
| ||||||
23 | For compiling new sheets for atlases, 20¢ for each lot.
| ||||||
24 | For compiling new atlases, including necessary record | ||||||
25 | searches, 25¢
for each lot.
| ||||||
26 | For investigating and reporting on each new plat, referred |
| |||||||
| |||||||
1 | to county
clerk, $2.
| ||||||
2 | For attending sessions of the board of county commissioners | ||||||
3 | thereof,
$5 per day, for each clerk in attendance.
| ||||||
4 | For recording proceedings of the board of county | ||||||
5 | commissioners, 15¢
per 100 words.
| ||||||
6 | For filing papers which must be kept in office of | ||||||
7 | comptroller of Cook
County, 10¢ for each paper filed.
| ||||||
8 | For filing and indexing contracts, bonds, communications, | ||||||
9 | and other
such papers which must be kept in office of | ||||||
10 | comptroller of Cook County,
15¢ for each document.
| ||||||
11 | For swearing any person to necessary affidavits relating to | ||||||
12 | the
correctness of claims against the county, 25¢.
| ||||||
13 | For issuing warrants in payment of salaries, supplies and | ||||||
14 | other
accounts, and all necessary auditing and bookkeeping work | ||||||
15 | in connection
therewith, 10¢ each.
| ||||||
16 | The fee requirements of this Section do not apply to units | ||||||
17 | of local
government or school districts.
| ||||||
18 | (Source: P.A. 86-962; 87-669.)
| ||||||
19 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
20 | Sections 27.1a, 27.2, and 27.2a as follows:
| ||||||
21 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| ||||||
22 | Sec. 27.1a. The fees of the clerks of the circuit court in | ||||||
23 | all
counties having a population of not more than
500,000 | ||||||
24 | inhabitants in the instances described in this Section
shall be |
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| |||||||
1 | as provided in this Section.
In those instances where a minimum | ||||||
2 | and maximum fee is stated, the clerk of
the circuit court must | ||||||
3 | charge the minimum fee listed and may charge up to the
maximum | ||||||
4 | fee if the county board has by resolution increased the fee.
| ||||||
5 | The fees shall be paid in advance and
shall be as follows:
| ||||||
6 | (a) Civil Cases.
| ||||||
7 | The fee for filing a complaint, petition, or other | ||||||
8 | pleading initiating
a civil action, with the following | ||||||
9 | exceptions, shall be a minimum of $45
$40 and
a maximum of | ||||||
10 | $165
$160 . $5 from all filing fees collected under this | ||||||
11 | subsection (a), except for those listed in paragraphs (A) | ||||||
12 | through (E), shall be remitted by the clerk to the State | ||||||
13 | Treasurer for deposit into the Domestic Violence Legal | ||||||
14 | Assistance Trust Fund.
| ||||||
15 | (A) When the amount of money or damages or the | ||||||
16 | value of personal
property claimed does not exceed | ||||||
17 | $250, $10.
| ||||||
18 | (B) When that amount exceeds $250 but does not | ||||||
19 | exceed $500, a minimum
of $10 and a maximum of $20.
| ||||||
20 | (C) When that amount exceeds $500 but does not | ||||||
21 | exceed $2500, a minimum
of $25 and a maximum of $40.
| ||||||
22 | (D) When that amount exceeds $2500 but does not | ||||||
23 | exceed $15,000, a
minimum of $25 and a maximum of $75.
| ||||||
24 | (E) For the exercise of eminent domain, a minimum | ||||||
25 | of $45 and
a maximum of $150. For each additional
lot | ||||||
26 | or tract of land or right or interest therein subject |
| |||||||
| |||||||
1 | to be condemned,
the damages in respect to which shall | ||||||
2 | require separate assessment by a
jury, a minimum of $45 | ||||||
3 | and a maximum of $150.
| ||||||
4 | (a-1) Family.
| ||||||
5 | For filing a petition under the Juvenile Court Act of | ||||||
6 | 1987, $25.
| ||||||
7 | For filing a petition for a marriage license, $10.
| ||||||
8 | For performing a marriage in court, $10.
| ||||||
9 | For filing a petition under the Illinois Parentage Act | ||||||
10 | of 1984, $40.
| ||||||
11 | (b) Forcible Entry and Detainer.
| ||||||
12 | In each forcible entry and detainer case when the | ||||||
13 | plaintiff seeks
possession only or unites with his or her | ||||||
14 | claim for possession of the property
a claim for rent or | ||||||
15 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
16 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
17 | or her claim for possession with a claim for
rent or | ||||||
18 | damages or both exceeding $15,000, a minimum of $40 and a | ||||||
19 | maximum of
$160.
| ||||||
20 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
21 | When any defendant files a counterclaim as part of his | ||||||
22 | or her
answer or otherwise or joins another party as a | ||||||
23 | third party defendant, or
both, the defendant shall pay a | ||||||
24 | fee for each counterclaim or third
party action in an | ||||||
25 | amount equal to the fee he or she would have had to pay
had | ||||||
26 | he or she brought a separate action for the relief sought |
| |||||||
| |||||||
1 | in the
counterclaim or against the third party defendant, | ||||||
2 | less the amount of the
appearance fee, if that has been | ||||||
3 | paid.
| ||||||
4 | (d) Confession of Judgment.
| ||||||
5 | In a confession of judgment when the amount does not | ||||||
6 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
7 | the amount exceeds $1500, but does not exceed $15,000, a
| ||||||
8 | minimum of $40 and a maximum of $115. When the
amount | ||||||
9 | exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||||||
10 | (e) Appearance.
| ||||||
11 | The fee for filing an appearance in each civil case | ||||||
12 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
13 | follows:
| ||||||
14 | (A) When the plaintiff in a forcible entry and | ||||||
15 | detainer case seeks
possession only, a minimum of $10 | ||||||
16 | and a maximum of $50.
| ||||||
17 | (B) When the amount in the case does not exceed | ||||||
18 | $1500, a minimum of
$10 and a maximum of $30.
| ||||||
19 | (C) When that amount exceeds $1500 but does not | ||||||
20 | exceed $15,000, a
minimum of $15 and a 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 $5 and a
maximum
of $15; when the | ||||||
25 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
26 | of $5 and a maximum of
$30; and when the amount exceeds
|
| |||||||
| |||||||
1 | $5,000, a minimum of $5 and a maximum of $50.
| ||||||
2 | (g) Petition to Vacate or Modify.
| ||||||
3 | (1) Petition to vacate or modify any final judgment or | ||||||
4 | order of
court, except in forcible entry and detainer cases | ||||||
5 | and small claims cases
or a petition to reopen an estate, | ||||||
6 | to modify, terminate, or enforce a
judgment or order for | ||||||
7 | child or spousal support, or to modify, suspend, or
| ||||||
8 | terminate an order for withholding, if filed before 30 days | ||||||
9 | after the entry
of the judgment or order, a minimum of $20 | ||||||
10 | and a maximum of $50.
| ||||||
11 | (2) Petition to vacate or modify any final judgment or | ||||||
12 | order of court,
except a petition to modify, terminate, or | ||||||
13 | enforce a judgment or order for
child or spousal support or | ||||||
14 | to modify, suspend, or terminate an order for
withholding, | ||||||
15 | if filed later than 30 days after the entry of the judgment | ||||||
16 | or
order, a minimum of $20 and a maximum of $75.
| ||||||
17 | (3) Petition to vacate order of bond forfeiture, a | ||||||
18 | minimum of $10 and a
maximum of $40.
| ||||||
19 | (h) Mailing.
| ||||||
20 | When the clerk is required to mail, the fee will be a | ||||||
21 | minimum of $2 and a
maximum of $10,
plus the cost of | ||||||
22 | postage.
| ||||||
23 | (i) Certified Copies.
| ||||||
24 | Each certified copy of a judgment after the first, | ||||||
25 | except in small
claims and forcible entry and detainer | ||||||
26 | cases, a minimum of $2 and a maximum
of $10.
|
| |||||||
| |||||||
1 | (j) Habeas Corpus.
| ||||||
2 | For filing a petition for relief by habeas corpus, a | ||||||
3 | minimum of $60 and a
maximum of $100.
| ||||||
4 | (k) Certification, Authentication, and Reproduction.
| ||||||
5 | (1) Each certification or authentication for taking | ||||||
6 | the acknowledgment
of a deed or other instrument in writing | ||||||
7 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
8 | $6.
| ||||||
9 | (2) Court appeals when original documents are | ||||||
10 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
11 | minimum of $20 and a maximum of $60.
| ||||||
12 | (3) Court appeals when original documents are | ||||||
13 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
14 | minimum of $50 and a maximum of $150.
| ||||||
15 | (4) Court appeals when original documents are | ||||||
16 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
17 | of 20 cents and a maximum of 25 cents per page.
| ||||||
18 | (5) For reproduction of any document contained in the | ||||||
19 | clerk's files:
| ||||||
20 | (A) First page, a minimum of $1 and a maximum
of | ||||||
21 | $2.
| ||||||
22 | (B) Next 19 pages, 50 cents per page.
| ||||||
23 | (C) All remaining pages, 25 cents per page.
| ||||||
24 | (l) Remands.
| ||||||
25 | In any cases remanded to the Circuit Court from the | ||||||
26 | Supreme Court
or the Appellate Court for a new trial, the |
| |||||||
| |||||||
1 | clerk shall file the remanding
order and reinstate the case | ||||||
2 | with either its original number or a new number.
The Clerk | ||||||
3 | shall not charge any new or additional fee for the | ||||||
4 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
5 | the parties of the reinstatement. A
party shall have the | ||||||
6 | same right to a jury trial on remand and reinstatement as
| ||||||
7 | he or she had before the appeal, and no additional or new | ||||||
8 | fee or charge shall
be made for a jury trial after remand.
| ||||||
9 | (m) Record Search.
| ||||||
10 | For each record search, within a division or municipal | ||||||
11 | district, the
clerk shall be entitled to a search fee of a | ||||||
12 | minimum of $4 and a maximum of
$6 for each year searched.
| ||||||
13 | (n) Hard Copy.
| ||||||
14 | For each page of hard copy print output, when case | ||||||
15 | records are
maintained on an automated medium, the clerk | ||||||
16 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
17 | of $6.
| ||||||
18 | (o) Index Inquiry and Other Records.
| ||||||
19 | No fee shall be charged for a single | ||||||
20 | plaintiff/defendant index inquiry
or single case record | ||||||
21 | inquiry when this request is made in person and the
records | ||||||
22 | are maintained in a current automated medium, and when no | ||||||
23 | hard copy
print output is requested. The fees to be charged | ||||||
24 | for management records,
multiple case records, and | ||||||
25 | multiple journal records may be specified by the
Chief | ||||||
26 | Judge pursuant to the guidelines for access and |
| |||||||
| |||||||
1 | dissemination of
information approved by the Supreme | ||||||
2 | Court.
| ||||||
3 | (p) (Blank).
| ||||||
4 | a minimum of $25 and a maximum
of $50
| ||||||
5 | (q) Alias Summons.
| ||||||
6 | For each alias summons or citation issued by the clerk, | ||||||
7 | a minimum of $2
and a maximum of $5.
| ||||||
8 | (r) Other Fees.
| ||||||
9 | Any fees not covered in this Section shall be set by | ||||||
10 | rule or
administrative order of the Circuit Court with the | ||||||
11 | approval of the
Administrative Office of the Illinois | ||||||
12 | Courts.
| ||||||
13 | The clerk of the circuit court may provide additional | ||||||
14 | services for
which there is no fee specified by statute in | ||||||
15 | connection with the operation
of the clerk's office as may | ||||||
16 | be requested by the public and agreed to by
the clerk and | ||||||
17 | approved by the chief judge of the circuit court. Any
| ||||||
18 | charges for additional services shall be as agreed to
| ||||||
19 | between the clerk and the party making the request and | ||||||
20 | approved by the
chief judge of the circuit court. Nothing | ||||||
21 | in this
subsection shall be construed to require any clerk | ||||||
22 | to provide any service
not otherwise required by law.
| ||||||
23 | (s) Jury Services.
| ||||||
24 | The clerk shall be entitled to receive, in addition to | ||||||
25 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
26 | and a maximum of $212.50, as a fee for the services of a |
| |||||||
| |||||||
1 | jury in
every civil action not quasi-criminal in its nature | ||||||
2 | and not a proceeding
for the exercise of the right of | ||||||
3 | eminent domain and in every other action
wherein the right | ||||||
4 | of trial by jury is or may be given by law. The jury fee
| ||||||
5 | shall be paid by the party demanding a jury at the time of | ||||||
6 | filing the jury
demand. If the fee is not paid by either | ||||||
7 | party, no jury shall be called in
the action or proceeding, | ||||||
8 | and the same shall be tried by the court without
a jury.
| ||||||
9 | (t) Voluntary Assignment.
| ||||||
10 | For filing each deed of voluntary assignment, a minimum | ||||||
11 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
12 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
13 | words. Exceptions filed to claims presented
to an assignee | ||||||
14 | of a debtor who has made a voluntary assignment for the
| ||||||
15 | benefit of creditors shall be considered and treated, for | ||||||
16 | the purpose of
taxing costs therein, as actions in which | ||||||
17 | the party or parties filing
the exceptions shall be | ||||||
18 | considered as party or parties plaintiff, and
the claimant | ||||||
19 | or claimants as party or parties defendant, and those
| ||||||
20 | parties respectively shall pay to the clerk the same fees
| ||||||
21 | as provided by this Section to be paid in other actions.
| ||||||
22 | (u) Expungement Petition.
| ||||||
23 | The clerk shall be entitled to receive a fee of a | ||||||
24 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
25 | petition filed and an additional fee of a minimum of $2 and | ||||||
26 | a
maximum of $4 for each certified
copy of an order to |
| |||||||
| |||||||
1 | expunge arrest records.
| ||||||
2 | (v) Probate.
| ||||||
3 | The clerk is entitled to receive the fees
specified in | ||||||
4 | this subsection (v), which shall be paid in advance,
except | ||||||
5 | that, for good cause shown, the court may suspend, reduce, | ||||||
6 | or
release the costs payable under this subsection:
| ||||||
7 | (1) For administration of the estate of a decedent | ||||||
8 | (whether testate
or intestate) or of a missing person, a | ||||||
9 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
10 | specified in
subsection (v)(3), except:
| ||||||
11 | (A) When the value of the real and personal | ||||||
12 | property does not exceed
$15,000, the fee shall be a | ||||||
13 | minimum of $25 and a maximum of $40.
| ||||||
14 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
15 | a domestic or
foreign will is admitted to probate | ||||||
16 | without administration (including
proof of heirship), | ||||||
17 | or (iii) letters of office are issued for a particular
| ||||||
18 | purpose without administration of the estate, the fee | ||||||
19 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
20 | (C) For filing a petition to sell Real Estate, $50.
| ||||||
21 | (2) For administration of the estate of a ward, a | ||||||
22 | minimum of $50 and a
maximum of $75,
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 $25 and a maximum of $40.
|
| |||||||
| |||||||
1 | (B) When (i) letters of office are issued to a | ||||||
2 | guardian of the person
or persons,
but not of the | ||||||
3 | estate or (ii) letters of office are issued in the | ||||||
4 | estate of
a ward without administration of the estate, | ||||||
5 | including filing or joining in
the filing of a tax | ||||||
6 | return or releasing a mortgage or consenting to the
| ||||||
7 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
8 | and a maximum of
$20.
| ||||||
9 | (C) For filing a Petition to sell Real Estate, $50.
| ||||||
10 | (3) In addition to the fees payable under subsection | ||||||
11 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
12 | payable:
| ||||||
13 | (A) For each account (other than one final account) | ||||||
14 | filed in the
estate of a decedent, or ward, a minimum | ||||||
15 | of $10 and a maximum of $25.
| ||||||
16 | (B) For filing a claim in an estate when the amount | ||||||
17 | claimed is $150
or more but less than $500, a minimum | ||||||
18 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
19 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
20 | and a maximum of $40; when
the amount claimed is | ||||||
21 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
22 | provided that the court in allowing a claim may add to | ||||||
23 | the
amount
allowed the filing fee paid by the claimant.
| ||||||
24 | (C) For filing in an estate a claim, petition, or | ||||||
25 | supplemental
proceeding based upon an action seeking | ||||||
26 | equitable relief including the
construction or contest |
| |||||||
| |||||||
1 | of a will, enforcement of a contract to make a
will, | ||||||
2 | and proceedings involving testamentary trusts or the | ||||||
3 | appointment of
testamentary trustees, a minimum of $40 | ||||||
4 | and a maximum of $60.
| ||||||
5 | (D) For filing in an estate (i) the appearance of | ||||||
6 | any person for the
purpose of consent or (ii) the | ||||||
7 | appearance of an executor, administrator,
| ||||||
8 | administrator to collect, guardian, guardian ad litem, | ||||||
9 | or special
administrator, no fee.
| ||||||
10 | (E) Except as provided in subsection (v)(3)(D), | ||||||
11 | for filing the
appearance of any person or persons, a | ||||||
12 | minimum of $10 and a maximum of $30.
| ||||||
13 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
14 | maximum of
$137.50.
| ||||||
15 | (G) For disposition of the collection of a judgment | ||||||
16 | or settlement of
an action or claim for wrongful death | ||||||
17 | of a decedent or of any cause of
action of a ward, when | ||||||
18 | there is no other administration of the estate, a
| ||||||
19 | minimum of $30 and a maximum of $50,
less any amount | ||||||
20 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
21 | that if
the amount involved does not exceed $5,000, the | ||||||
22 | fee, including any amount
paid under subsection | ||||||
23 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| ||||||
24 | maximum of $20.
| ||||||
25 | (H) For each certified copy of letters of office, | ||||||
26 | of court order or
other certification, a minimum of $1 |
| |||||||
| |||||||
1 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
2 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
3 | document certified.
| ||||||
4 | (I) For each exemplification, a minimum of $1 and a | ||||||
5 | maximum of $2, plus the fee for certification.
| ||||||
6 | (4) The executor, administrator, guardian, petitioner,
| ||||||
7 | or other interested person or his or her attorney shall pay | ||||||
8 | the cost of
publication by the clerk directly to the | ||||||
9 | newspaper.
| ||||||
10 | (5) The person on whose behalf a charge is incurred for | ||||||
11 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
12 | fee shall pay the same
directly to the person entitled | ||||||
13 | thereto.
| ||||||
14 | (6) The executor, administrator, guardian, petitioner, | ||||||
15 | or other
interested person or his or her attorney shall pay | ||||||
16 | to the clerk all postage
charges incurred by the clerk in | ||||||
17 | mailing petitions, orders, notices, or
other documents | ||||||
18 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
19 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
20 | (1) The clerk shall be entitled to costs in all | ||||||
21 | criminal
and quasi-criminal cases from each person | ||||||
22 | convicted or sentenced to
supervision therein as follows:
| ||||||
23 | (A) Felony complaints, a minimum of $40 and a | ||||||
24 | maximum of $100.
| ||||||
25 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
26 | maximum of $75.
|
| |||||||
| |||||||
1 | (C) Business offense complaints, a minimum of $25 | ||||||
2 | and a maximum of
$75.
| ||||||
3 | (D) Petty offense complaints, a minimum of $25 and | ||||||
4 | a maximum of $75.
| ||||||
5 | (E) Minor traffic or ordinance violations, $10.
| ||||||
6 | (F) When court appearance required, $15.
| ||||||
7 | (G) Motions to vacate or amend final orders, a | ||||||
8 | minimum of $20 and a
maximum of $40.
| ||||||
9 | (H) Motions to vacate bond forfeiture orders, a | ||||||
10 | minimum of $20 and
a maximum of $40.
| ||||||
11 | (I) Motions to vacate ex parte judgments, whenever | ||||||
12 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
13 | (J) Motions to vacate judgment on forfeitures, | ||||||
14 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
15 | (K) Motions to vacate "failure to appear" or | ||||||
16 | "failure to comply"
notices sent to the Secretary of | ||||||
17 | State, a minimum of $20 and a maximum of
$40.
| ||||||
18 | (2) In counties having a population of not
more
than | ||||||
19 | 500,000 inhabitants, when the violation complaint is
| ||||||
20 | issued by a
municipal police department, the clerk shall be | ||||||
21 | entitled to costs from each
person convicted therein as | ||||||
22 | follows:
| ||||||
23 | (A) Minor traffic or ordinance violations, $10.
| ||||||
24 | (B) When court appearance required, $15.
| ||||||
25 | (3) In ordinance violation cases punishable by fine | ||||||
26 | only, the clerk
of the circuit court shall be entitled to |
| |||||||
| |||||||
1 | receive, unless the fee is
excused upon a finding by the | ||||||
2 | court that the defendant is indigent, in
addition to other | ||||||
3 | fees or costs allowed or imposed by law, the sum of a
| ||||||
4 | minimum of $62.50 and a maximum of $137.50
as a fee for the | ||||||
5 | services of a jury. The jury fee shall be paid by the
| ||||||
6 | defendant at the time of filing his or her jury demand. If | ||||||
7 | the fee is not
so paid by the defendant, no jury shall be | ||||||
8 | called, and the case shall be
tried by the court without a | ||||||
9 | jury.
| ||||||
10 | (x) Transcripts of Judgment.
| ||||||
11 | For the filing of a transcript of judgment, the clerk | ||||||
12 | shall be entitled
to the same fee as if it were the | ||||||
13 | commencement of a new suit.
| ||||||
14 | (y) Change of Venue.
| ||||||
15 | (1) For the filing of a change of case on a change of | ||||||
16 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
17 | were the commencement of a new suit.
| ||||||
18 | (2) The fee for the preparation and certification of a | ||||||
19 | record on a
change of venue to another jurisdiction, when | ||||||
20 | original documents are
forwarded, a minimum of $10 and a | ||||||
21 | maximum of $40.
| ||||||
22 | (z) Tax objection complaints.
| ||||||
23 | For each tax objection complaint containing one or more | ||||||
24 | tax
objections, regardless of the number of parcels | ||||||
25 | involved or the number of
taxpayers joining on the | ||||||
26 | complaint, a minimum of $10 and a maximum of $50.
|
| |||||||
| |||||||
1 | (aa) Tax Deeds.
| ||||||
2 | (1) Petition for tax deed, if only one parcel is | ||||||
3 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
4 | (2) For each additional parcel, add a fee of a minimum | ||||||
5 | of $10 and a
maximum of $60.
| ||||||
6 | (bb) Collections.
| ||||||
7 | (1) For all collections made of others, except the | ||||||
8 | State and county
and except in maintenance or child support | ||||||
9 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
10 | of
the amount 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 clerk, | ||||||
18 | if authorized by an
ordinance of the county board, may | ||||||
19 | collect an annual fee of up to $36 from
the person making | ||||||
20 | payment for maintaining child support records and the
| ||||||
21 | processing of support orders to the State of Illinois KIDS | ||||||
22 | system and the
recording of payments issued by the State | ||||||
23 | Disbursement Unit for the official
record of the Court. | ||||||
24 | This fee shall be in addition
to and separate from amounts | ||||||
25 | ordered to be paid as maintenance or child
support and | ||||||
26 | shall be deposited into a Separate Maintenance and Child |
| |||||||
| |||||||
1 | Support
Collection Fund, of which the clerk shall be the | ||||||
2 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
3 | child support orders and record all payments
issued by the | ||||||
4 | State Disbursement Unit for the official record of the | ||||||
5 | Court.
The clerk may recover from the person making the | ||||||
6 | maintenance or child support
payment any additional cost | ||||||
7 | incurred in the collection of this annual
fee.
| ||||||
8 | The clerk shall also be entitled to a fee of $5 for | ||||||
9 | certifications made
to the Secretary of State as provided | ||||||
10 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
11 | and these fees shall also be deposited into the
Separate | ||||||
12 | Maintenance and Child Support Collection Fund.
| ||||||
13 | (cc) Corrections of Numbers.
| ||||||
14 | For correction of the case number, case
title, or | ||||||
15 | attorney computer identification number, if required by | ||||||
16 | rule of
court, on any document filed in the clerk's office, | ||||||
17 | to be charged against
the party that filed the document, a | ||||||
18 | minimum of $10 and a maximum of $25.
| ||||||
19 | (dd) Exceptions.
| ||||||
20 | (1) The fee requirements of this Section shall not | ||||||
21 | apply to police
departments or other law enforcement | ||||||
22 | agencies. In this Section, "law
enforcement agency" means | ||||||
23 | an agency of the State or a unit of local
government which | ||||||
24 | is vested by law or ordinance with the duty to maintain
| ||||||
25 | public order and to enforce criminal laws or ordinances. | ||||||
26 | "Law enforcement
agency" also means the Attorney General or |
| |||||||
| |||||||
1 | any state's attorney.
| ||||||
2 | (2) No fee provided herein shall be charged to any unit | ||||||
3 | of local
government or school district.
| ||||||
4 | (3) The fee requirements of this Section shall not | ||||||
5 | apply to any action
instituted under subsection (b) of | ||||||
6 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
7 | owner or tenant of real property within 1200 feet of a
| ||||||
8 | dangerous or unsafe building seeking an order compelling | ||||||
9 | the owner or owners of
the building to take any of the | ||||||
10 | actions authorized under that subsection.
| ||||||
11 | (4) The fee requirements of this Section shall not | ||||||
12 | apply to the filing of
any
commitment petition or petition | ||||||
13 | for an order authorizing the administration of
authorized
| ||||||
14 | involuntary treatment in the form of medication under the | ||||||
15 | Mental Health and
Developmental Disabilities Code.
| ||||||
16 | (ee) Adoptions.
| ||||||
17 | (1) For an adoption ..............................$65
| ||||||
18 | (2) Upon good cause shown, the court may waive the | ||||||
19 | adoption filing fee in
a special needs adoption. The term | ||||||
20 | "special needs adoption" shall have the
meaning ascribed to | ||||||
21 | it by the Illinois Department of Children and Family
| ||||||
22 | Services.
| ||||||
23 | (ff) Adoption exemptions.
| ||||||
24 | No fee other than that set forth in subsection (ee) | ||||||
25 | shall be charged to any
person in connection with an | ||||||
26 | adoption proceeding nor may any fee be charged for
|
| |||||||
| |||||||
1 | proceedings for the appointment of a confidential | ||||||
2 | intermediary under the
Adoption Act.
| ||||||
3 | (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | ||||||
4 | eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | ||||||
5 | revised 9-5-03.)
| ||||||
6 | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| ||||||
7 | Sec. 27.2. The fees of the clerks of the circuit court in | ||||||
8 | all
counties having a population in excess of 500,000 | ||||||
9 | inhabitants
but less than 3,000,000 inhabitants in the | ||||||
10 | instances described in this Section
shall be as provided in | ||||||
11 | this Section.
In those instances where a minimum and maximum | ||||||
12 | fee is stated, counties with
more than 500,000 inhabitants but | ||||||
13 | less than 3,000,000 inhabitants must charge
the minimum fee | ||||||
14 | listed in this Section and may charge up to the maximum fee if
| ||||||
15 | the county board has by resolution increased the fee.
In | ||||||
16 | addition, the minimum fees authorized in this
Section shall | ||||||
17 | apply to all units of local government and school districts
in | ||||||
18 | counties with more than 3,000,000 inhabitants. The fees shall | ||||||
19 | be paid
in advance and shall be as follows:
| ||||||
20 | (a) Civil Cases.
| ||||||
21 | The fee for filing a complaint, petition, or other | ||||||
22 | pleading initiating
a civil action, with the following | ||||||
23 | exceptions, shall be a minimum of $155
$150
and a maximum | ||||||
24 | of $195
$190 . $5 from all filing fees collected under this | ||||||
25 | subsection (a), except for those listed in paragraphs (A) |
| |||||||
| |||||||
1 | through (F), shall be remitted by the clerk to the State | ||||||
2 | Treasurer for deposit into the Domestic Violence Legal | ||||||
3 | Assistance Trust Fund.
| ||||||
4 | (A) When the amount of money or damages or the | ||||||
5 | value of personal
property claimed does not exceed | ||||||
6 | $250, a minimum of $10 and a maximum of
$15.
| ||||||
7 | (B) When that amount exceeds $250 but does not | ||||||
8 | exceed $1,000, a minimum of $20 and a maximum of $40.
| ||||||
9 | (C) When that amount exceeds $1,000 but does not | ||||||
10 | exceed
$2500, a minimum
of $30 and a maximum of $50.
| ||||||
11 | (D) When that amount exceeds $2500 but does not | ||||||
12 | exceed $5,000, a minimum of $75 and a maximum of $100.
| ||||||
13 | (D-5) When the amount exceeds $5,000 but does not | ||||||
14 | exceed $15,000, a
minimum of $75 and a maximum of $150.
| ||||||
15 | (E) For the exercise of eminent domain, $150. For | ||||||
16 | each
additional lot or tract of land or right or | ||||||
17 | interest therein subject to be
condemned, the damages | ||||||
18 | in respect to which shall require separate
assessment | ||||||
19 | by a jury, $150.
| ||||||
20 | (F) No fees shall be charged by the clerk to a | ||||||
21 | petitioner in any
order of
protection including, but | ||||||
22 | not limited to, filing, modifying, withdrawing,
| ||||||
23 | certifying, or
photocopying petitions for orders of | ||||||
24 | protection, or for issuing alias summons,
or for any
| ||||||
25 | related filing service, certifying, modifying, | ||||||
26 | vacating, or
photocopying any
orders of protection.
|
| |||||||
| |||||||
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
minimum | ||||||
6 | of $40 and a maximum of $75.
When the plaintiff unites his | ||||||
7 | or her claim for possession with a claim for
rent or | ||||||
8 | damages or both exceeding $15,000, a minimum of $150 and a
| ||||||
9 | maximum of $225.
| ||||||
10 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
11 | When any defendant files a counterclaim as part of his | ||||||
12 | or her
answer or otherwise or joins another party as a | ||||||
13 | third party defendant, or
both, the defendant shall pay a | ||||||
14 | fee for each counterclaim or third
party action in an | ||||||
15 | amount equal to the fee he or she would have had to pay
had | ||||||
16 | he or she brought a separate action for the relief sought | ||||||
17 | in the
counterclaim or against the third party defendant, | ||||||
18 | less the amount of the
appearance fee, if that has been | ||||||
19 | paid.
| ||||||
20 | (d) Confession of Judgment.
| ||||||
21 | In a confession of judgment when the amount does not | ||||||
22 | exceed $1500, a
minimum of $50 and a maximum of $60. When | ||||||
23 | the amount exceeds
$1500, but does not exceed $5,000, $75.
| ||||||
24 | When the amount exceeds $5,000, but does not exceed
| ||||||
25 | $15,000, $175.
When the amount exceeds $15,000, a minimum | ||||||
26 | of $200 and a maximum of
$250.
|
| |||||||
| |||||||
1 | (e) Appearance.
| ||||||
2 | The fee for filing an appearance in each civil case | ||||||
3 | shall be a minimum
of $50 and a maximum of $75,
except as | ||||||
4 | follows:
| ||||||
5 | (A) When the plaintiff in a forcible entry and | ||||||
6 | detainer case seeks
possession only, a minimum of $20 | ||||||
7 | and a maximum of $40.
| ||||||
8 | (B) When the amount in the case does not exceed | ||||||
9 | $1500, a minimum of
$20 and a maximum of $40.
| ||||||
10 | (C) When the amount in the case exceeds $1500 but | ||||||
11 | does
not exceed $15,000, a minimum of $40 and a maximum | ||||||
12 | of $60.
| ||||||
13 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
14 | In garnishment affidavit, wage deduction affidavit, | ||||||
15 | and citation
petition when the amount does not exceed | ||||||
16 | $1,000, a minimum of $10 and a
maximum of $15; when the | ||||||
17 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
18 | of $20 and a maximum
of $30; and when the amount exceeds
| ||||||
19 | $5,000, a minimum of $30 and a maximum of $50.
| ||||||
20 | (g) Petition to Vacate
or Modify.
| ||||||
21 | (1) Petition to vacate
or modify any final judgment or | ||||||
22 | order of court,
except in forcible entry and detainer cases | ||||||
23 | and small claims cases or a
petition to reopen an estate, | ||||||
24 | to modify, terminate, or enforce a
judgment or order for | ||||||
25 | child or spousal support, or to modify, suspend, or
| ||||||
26 | terminate an order for withholding, if filed before 30 days |
| |||||||
| |||||||
1 | after the entry
of the judgment or order, a minimum of $40 | ||||||
2 | and a maximum of $50.
| ||||||
3 | (2) Petition to vacate
or modify any final judgment
or | ||||||
4 | order of court, except a petition to modify, terminate, or | ||||||
5 | enforce a
judgment or order for child or spousal support or | ||||||
6 | to modify, suspend, or
terminate an order for withholding, | ||||||
7 | if filed later than 30 days
after the entry of the judgment | ||||||
8 | or order, a minimum of $60 and a maximum
of $75.
| ||||||
9 | (3) Petition to vacate order of bond forfeiture, a | ||||||
10 | minimum of $20
and a maximum of $40.
| ||||||
11 | (h) Mailing.
| ||||||
12 | When the clerk is required to mail, the fee will be a | ||||||
13 | minimum of $6
and a maximum of $10, plus the cost of | ||||||
14 | postage.
| ||||||
15 | (i) Certified Copies.
| ||||||
16 | Each certified copy of a judgment after the first, | ||||||
17 | except in small
claims and forcible entry and detainer | ||||||
18 | cases, a minimum of $10 and a
maximum of $15.
| ||||||
19 | (j) Habeas Corpus.
| ||||||
20 | For filing a petition for relief by habeas corpus, a | ||||||
21 | minimum of $80
and a maximum of $125.
| ||||||
22 | (k) Certification, Authentication, and Reproduction.
| ||||||
23 | (1) Each certification or authentication for taking | ||||||
24 | the acknowledgment
of a deed or other instrument in writing | ||||||
25 | with the seal of office, a minimum
of $4 and a maximum of | ||||||
26 | $6.
|
| |||||||
| |||||||
1 | (2) Court appeals when original documents are | ||||||
2 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
3 | minimum of $50 and a maximum of $75.
| ||||||
4 | (3) Court appeals when original documents are | ||||||
5 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
6 | minimum of $120 and a maximum of $150.
| ||||||
7 | (4) Court appeals when original documents are | ||||||
8 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
9 | of 20 and a maximum of 25 cents
per page.
| ||||||
10 | (5) For reproduction of any document contained in the | ||||||
11 | clerk's files:
| ||||||
12 | (A) First page, $2.
| ||||||
13 | (B) Next 19 pages, 50 cents per page.
| ||||||
14 | (C) All remaining pages, 25 cents per page.
| ||||||
15 | (l) Remands.
| ||||||
16 | In any cases remanded to the Circuit Court from the | ||||||
17 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
18 | clerk shall file the remanding
order and reinstate the case | ||||||
19 | with either its original number or a new number.
The Clerk | ||||||
20 | shall not
charge any new or additional fee for the | ||||||
21 | reinstatement. Upon reinstatement the
Clerk shall advise | ||||||
22 | the parties of the reinstatement. A party shall have the
| ||||||
23 | same right to a jury trial on remand and reinstatement as | ||||||
24 | he or she had before
the appeal, and no additional or new | ||||||
25 | fee or charge shall be made for a jury
trial after remand.
| ||||||
26 | (m) Record Search.
|
| |||||||
| |||||||
1 | For each record search, within a division or municipal | ||||||
2 | district, the
clerk shall be entitled to a search fee of a | ||||||
3 | minimum of $4 and a maximum
of $6 for each year searched.
| ||||||
4 | (n) Hard Copy.
| ||||||
5 | For each page of hard copy print output, when case | ||||||
6 | records are
maintained on an automated medium, the clerk | ||||||
7 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
8 | of $6.
| ||||||
9 | (o) Index Inquiry and Other Records.
| ||||||
10 | No fee shall be charged for a single | ||||||
11 | plaintiff/defendant index inquiry
or single case record | ||||||
12 | inquiry when this request is made in person and the
records | ||||||
13 | are maintained in a current automated medium, and when no | ||||||
14 | hard copy
print output is requested. The fees to be charged | ||||||
15 | for management records,
multiple case records, and | ||||||
16 | multiple journal records may be specified by the
Chief | ||||||
17 | Judge pursuant to the guidelines for access and | ||||||
18 | dissemination of
information approved by the Supreme | ||||||
19 | Court.
| ||||||
20 | (p) (Blank).
| ||||||
21 | (q) Alias Summons.
| ||||||
22 | For each alias summons or citation issued by the clerk, | ||||||
23 | a minimum of $4
and a maximum of $5.
| ||||||
24 | (r) Other Fees.
| ||||||
25 | Any fees not covered in this Section shall be set by | ||||||
26 | rule or
administrative order of the Circuit Court with the |
| |||||||
| |||||||
1 | approval of the
Administrative Office of the Illinois | ||||||
2 | Courts.
| ||||||
3 | The clerk of the circuit court may provide additional | ||||||
4 | services for
which there is no fee specified by statute in | ||||||
5 | connection with the operation
of the clerk's office as may | ||||||
6 | be requested by the public and agreed to by
the clerk and | ||||||
7 | approved by the chief judge of the circuit court. Any
| ||||||
8 | charges for additional services shall be as agreed to
| ||||||
9 | between the clerk and the party making the request and | ||||||
10 | approved by the
chief judge of the circuit court. Nothing | ||||||
11 | in this
subsection shall be construed to require any clerk | ||||||
12 | to provide any service
not otherwise required by law.
| ||||||
13 | (s) Jury Services.
| ||||||
14 | The clerk shall be entitled to receive, in
addition to | ||||||
15 | other fees allowed by law, the sum of a minimum of $192.50
| ||||||
16 | and a maximum of $212.50, as a fee for the
services of a | ||||||
17 | jury in every civil action not quasi-criminal in its
nature | ||||||
18 | and not a proceeding for the exercise of the right of | ||||||
19 | eminent
domain and in every other action wherein the right | ||||||
20 | of trial by jury
is or may be given by law. The jury fee | ||||||
21 | shall be paid by the party
demanding a jury at the time of | ||||||
22 | filing the jury demand. If the fee is
not paid by either | ||||||
23 | party, no jury shall be called in the action or
proceeding, | ||||||
24 | and the same shall be tried by the court without a jury.
| ||||||
25 | (t) Voluntary Assignment.
| ||||||
26 | For filing each deed of voluntary assignment, a minimum |
| |||||||
| |||||||
1 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
2 | minimum of 25¢ and a maximum of 50¢ for each 100 words.
| ||||||
3 | Exceptions filed to claims presented
to an assignee of a | ||||||
4 | debtor who has made a voluntary assignment for the
benefit | ||||||
5 | of creditors shall be considered and treated, for the | ||||||
6 | purpose of
taxing costs therein, as actions in which the | ||||||
7 | party or parties filing
the exceptions shall be considered | ||||||
8 | as party or parties plaintiff, and
the claimant or | ||||||
9 | claimants as party or parties defendant, and those
parties | ||||||
10 | respectively shall pay to the clerk the same fees
as | ||||||
11 | provided by this Section to be paid in other actions.
| ||||||
12 | (u) Expungement Petition.
| ||||||
13 | The clerk shall be entitled to receive a
fee of a | ||||||
14 | minimum of $30 and a maximum of $60 for each expungement
| ||||||
15 | petition filed and an additional fee of a minimum of $2 and | ||||||
16 | a maximum of
$4 for each certified copy of an order to | ||||||
17 | expunge arrest records.
| ||||||
18 | (v) Probate.
| ||||||
19 | The clerk is entitled to receive the fees specified in | ||||||
20 | this subsection
(v), which shall be paid in advance, except | ||||||
21 | that, for good cause shown, the
court may suspend, reduce, | ||||||
22 | or release the costs payable under this subsection:
| ||||||
23 | (1) For administration of the estate of a decedent | ||||||
24 | (whether testate
or intestate) or of a missing person, a | ||||||
25 | minimum of $100 and a maximum of
$150, plus the fees | ||||||
26 | specified in
subsection (v)(3), except:
|
| |||||||
| |||||||
1 | (A) When the value of the real and personal | ||||||
2 | property does not exceed
$15,000, the fee shall be a | ||||||
3 | minimum of $25 and a maximum of $40.
| ||||||
4 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
5 | a domestic or
foreign will is admitted to probate | ||||||
6 | without administration (including
proof of heirship), | ||||||
7 | or (iii) letters of office are issued for a particular
| ||||||
8 | purpose without administration of the estate, the fee | ||||||
9 | shall be a minimum of
$25 and a maximum of $40.
| ||||||
10 | (2) For administration of the estate of a ward, a | ||||||
11 | minimum of $50 and
a maximum of $75,
plus the fees | ||||||
12 | specified in subsection (v)(3), except:
| ||||||
13 | (A) When the value of the real and personal | ||||||
14 | property does not exceed
$15,000, the fee shall be a | ||||||
15 | minimum of $25 and a maximum of $40.
| ||||||
16 | (B) When (i) letters of office are issued to a | ||||||
17 | guardian of the
person or persons, but not of the | ||||||
18 | estate or (ii) letters of office are
issued in the
| ||||||
19 | estate of a ward without administration of the estate, | ||||||
20 | including filing or
joining in the filing of a tax | ||||||
21 | return or releasing a mortgage or consenting
to the | ||||||
22 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
23 | and a
maximum
of $20.
| ||||||
24 | (3) In addition to the fees payable under subsection | ||||||
25 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
26 | payable:
|
| |||||||
| |||||||
1 | (A) For each account (other than one final account) | ||||||
2 | filed in the
estate of a decedent, or ward, a minimum | ||||||
3 | of $15 and a maximum of $25.
| ||||||
4 | (B) For filing a claim in an estate when the amount | ||||||
5 | claimed is $150
or more but less than $500, a minimum | ||||||
6 | of $10 and a maximum of $20; when
the amount claimed is | ||||||
7 | $500 or
more but less than $10,000, a minimum of $25 | ||||||
8 | and a maximum of $40; when
the amount claimed is | ||||||
9 | $10,000 or more, a minimum of $40 and a maximum of
$60; | ||||||
10 | provided that the court in allowing a claim may add to | ||||||
11 | the amount
allowed
the filing fee paid by the claimant.
| ||||||
12 | (C) For filing in an estate a claim, petition, or | ||||||
13 | supplemental
proceeding based upon an action seeking | ||||||
14 | equitable relief including the
construction or contest | ||||||
15 | of a will, enforcement of a contract to make a
will, | ||||||
16 | and proceedings involving testamentary trusts or the | ||||||
17 | appointment of
testamentary trustees, a minimum of $40 | ||||||
18 | and a maximum of $60.
| ||||||
19 | (D) For filing in an estate (i) the appearance of | ||||||
20 | any person for the
purpose of consent or (ii) the | ||||||
21 | appearance of an executor, administrator,
| ||||||
22 | administrator to collect, guardian, guardian ad litem, | ||||||
23 | or special
administrator, no fee.
| ||||||
24 | (E) Except as provided in subsection (v)(3)(D), | ||||||
25 | for filing the
appearance of any person or persons, a | ||||||
26 | minimum of $10 and a maximum of
$30.
|
| |||||||
| |||||||
1 | (F) For each jury demand, a minimum of $102.50 and | ||||||
2 | a maximum of
$137.50.
| ||||||
3 | (G) For disposition of the collection of a judgment | ||||||
4 | or settlement of
an action or claim for wrongful death | ||||||
5 | of a decedent or of any cause of
action of a ward, when | ||||||
6 | there is no other administration
of the estate, a | ||||||
7 | minimum of $30 and a maximum of $50, less any amount
| ||||||
8 | paid under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
9 | that if the amount involved does not exceed
$5,000, the | ||||||
10 | fee, including any amount paid under subsection | ||||||
11 | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | ||||||
12 | maximum of $20.
| ||||||
13 | (H) For each certified copy of letters of office, | ||||||
14 | of court order or
other certification, a minimum of $1 | ||||||
15 | and a maximum of $2, plus a
minimum of 50¢ and a | ||||||
16 | maximum of $1 per page in excess of 3 pages for the
| ||||||
17 | document certified.
| ||||||
18 | (I) For each exemplification, a minimum of $1 and a | ||||||
19 | maximum of
$2, plus the fee for certification.
| ||||||
20 | (4) The executor, administrator, guardian, petitioner,
| ||||||
21 | or other interested person or his or her attorney shall pay | ||||||
22 | the cost of
publication by the clerk directly to the | ||||||
23 | newspaper.
| ||||||
24 | (5) The person on whose behalf a charge is incurred for | ||||||
25 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
26 | fee shall pay the same
directly to the person entitled |
| |||||||
| |||||||
1 | thereto.
| ||||||
2 | (6) The executor, administrator, guardian, petitioner,
| ||||||
3 | or other interested person or his attorney shall pay to the | ||||||
4 | clerk all
postage charges incurred by the clerk in mailing | ||||||
5 | petitions, orders,
notices, or other documents pursuant to | ||||||
6 | the provisions of the Probate Act
of 1975.
| ||||||
7 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
8 | (1) The clerk shall be entitled to costs in all | ||||||
9 | criminal
and quasi-criminal cases from each person | ||||||
10 | convicted or sentenced to
supervision therein as follows:
| ||||||
11 | (A) Felony complaints, a minimum of $80 and a | ||||||
12 | maximum of $125.
| ||||||
13 | (B) Misdemeanor complaints, a minimum of $50 and a | ||||||
14 | maximum of
$75.
| ||||||
15 | (C) Business offense complaints, a minimum of $50 | ||||||
16 | and a maximum of
$75.
| ||||||
17 | (D) Petty offense complaints, a minimum of $50 and | ||||||
18 | a maximum of
$75.
| ||||||
19 | (E) Minor traffic or ordinance violations, $20.
| ||||||
20 | (F) When court appearance required, $30.
| ||||||
21 | (G) Motions to vacate or amend final orders, a | ||||||
22 | minimum of $20 and
a maximum of $40.
| ||||||
23 | (H) Motions to vacate bond forfeiture orders, a | ||||||
24 | minimum of $20 and
a maximum of $30.
| ||||||
25 | (I) Motions to vacate ex parte judgments, whenever | ||||||
26 | filed, a minimum
of $20 and a maximum of $30.
|
| |||||||
| |||||||
1 | (J) Motions to vacate judgment on forfeitures, | ||||||
2 | whenever filed, a
minimum of $20 and a maximum of $25.
| ||||||
3 | (K) Motions to vacate "failure to appear" or | ||||||
4 | "failure to comply"
notices sent to the Secretary of | ||||||
5 | State, a minimum of $20 and a maximum of
$40.
| ||||||
6 | (2) In counties having a population of more than | ||||||
7 | 500,000
but fewer
than 3,000,000 inhabitants, when the | ||||||
8 | violation complaint is issued by a
municipal police | ||||||
9 | department, the clerk shall be entitled to costs from each
| ||||||
10 | person convicted therein as follows:
| ||||||
11 | (A) Minor traffic or ordinance violations, $10.
| ||||||
12 | (B) When court appearance required, $15.
| ||||||
13 | (3) In ordinance violation cases punishable by fine | ||||||
14 | only, the clerk
of the circuit court shall be entitled to | ||||||
15 | receive, unless the fee is
excused upon a finding by the | ||||||
16 | court that the defendant is indigent, in
addition to other | ||||||
17 | fees or costs allowed or imposed by law, the sum of a
| ||||||
18 | minimum of $50 and a maximum of $112.50
as a fee for the | ||||||
19 | services of a jury. The jury fee shall be paid by the
| ||||||
20 | defendant at the time of filing his or her jury demand. If | ||||||
21 | the fee is not
so paid by the defendant, no jury shall be | ||||||
22 | called, and the case shall be
tried by the court without a | ||||||
23 | jury.
| ||||||
24 | (x) Transcripts of Judgment.
| ||||||
25 | For the filing of a transcript of judgment, the clerk | ||||||
26 | shall be entitled
to the same fee as if it were the |
| |||||||
| |||||||
1 | commencement of new suit.
| ||||||
2 | (y) Change of Venue.
| ||||||
3 | (1) For the filing of a change of case on a change of | ||||||
4 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
5 | were the commencement of a new suit.
| ||||||
6 | (2) The fee for the preparation and certification of a | ||||||
7 | record on a
change of venue to another jurisdiction, when | ||||||
8 | original documents are
forwarded, a minimum of $25 and a | ||||||
9 | maximum of $40.
| ||||||
10 | (z) Tax objection complaints.
| ||||||
11 | For each tax objection complaint containing one or more | ||||||
12 | tax
objections, regardless of the number of parcels | ||||||
13 | involved
or the number of taxpayers joining in the | ||||||
14 | complaint, a minimum of $25
and a maximum of $50.
| ||||||
15 | (aa) Tax Deeds.
| ||||||
16 | (1) Petition for tax deed, if only one parcel is | ||||||
17 | involved, a minimum
of $150 and a maximum of $250.
| ||||||
18 | (2) For each additional parcel, add a fee of a minimum | ||||||
19 | of $50 and a
maximum of $100.
| ||||||
20 | (bb) Collections.
| ||||||
21 | (1) For all collections made of others, except the | ||||||
22 | State and county
and except in maintenance or child support | ||||||
23 | cases, a sum equal to a minimum
of 2.5% and a maximum of | ||||||
24 | 3.0% of the amount collected and turned over.
| ||||||
25 | (2) Interest earned on any funds held by the clerk | ||||||
26 | shall be turned
over to the county general fund as an |
| |||||||
| |||||||
1 | earning of the office.
| ||||||
2 | (3) For any check, draft, or other bank instrument | ||||||
3 | returned to the clerk
for non-sufficient funds, account | ||||||
4 | closed, or payment stopped, $25.
| ||||||
5 | (4) In child support and maintenance cases, the clerk, | ||||||
6 | if authorized by an
ordinance of the county board, may | ||||||
7 | collect an annual fee of up to $36 from
the person making | ||||||
8 | payment for maintaining child support records and the
| ||||||
9 | processing of support orders to the State of Illinois KIDS | ||||||
10 | system and the
recording of payments issued by the State | ||||||
11 | Disbursement Unit for the official
record of the Court.
| ||||||
12 | This fee shall be in addition
to and separate from amounts | ||||||
13 | ordered to be paid as maintenance or child
support and | ||||||
14 | shall be deposited into a Separate Maintenance and Child | ||||||
15 | Support
Collection Fund, of which the clerk shall be the | ||||||
16 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
17 | child support orders and record all payments
issued by the | ||||||
18 | State Disbursement Unit for the official record of the | ||||||
19 | Court.
The clerk may recover from the person making the | ||||||
20 | maintenance or child support
payment any additional cost | ||||||
21 | incurred in the collection of this annual
fee.
| ||||||
22 | The clerk shall also be entitled to a fee of $5 for | ||||||
23 | certifications made
to the Secretary of State as provided | ||||||
24 | in Section 7-703 of the Family Financial
Responsibility Law | ||||||
25 | and these fees shall also be deposited into the Separate
| ||||||
26 | Maintenance and Child Support Collection Fund.
|
| |||||||
| |||||||
1 | (cc) Corrections of Numbers.
| ||||||
2 | For correction of the case number, case title, or | ||||||
3 | attorney computer
identification number, if required by | ||||||
4 | rule of court, on any document filed
in the clerk's office, | ||||||
5 | to be charged against the party that filed the
document, a | ||||||
6 | minimum of $15 and a maximum of $25.
| ||||||
7 | (dd) Exceptions.
| ||||||
8 | The fee requirements of this Section shall not apply to | ||||||
9 | police
departments or other law enforcement agencies. In | ||||||
10 | this Section, "law
enforcement agency" means an agency of | ||||||
11 | the State or a unit of local
government which is vested by | ||||||
12 | law or ordinance with the duty to maintain
public order and | ||||||
13 | to enforce criminal laws or ordinances. "Law enforcement
| ||||||
14 | agency" also means the Attorney General or any state's | ||||||
15 | attorney.
The fee requirements of this Section shall not | ||||||
16 | apply to any action instituted
under subsection (b) of | ||||||
17 | Section 11-31-1 of the Illinois Municipal Code by a
private | ||||||
18 | owner or tenant of real property within 1200 feet of a | ||||||
19 | dangerous or
unsafe building seeking an order compelling | ||||||
20 | the owner or owners of the building
to take any of the | ||||||
21 | actions authorized under that subsection.
| ||||||
22 | The fee requirements of this Section shall not apply to | ||||||
23 | the filing of any
commitment petition or petition for an | ||||||
24 | order authorizing the administration of
authorized
| ||||||
25 | involuntary treatment in the form of medication under the | ||||||
26 | Mental Health and
Developmental Disabilities Code.
|
| |||||||
| |||||||
1 | (ee) Adoptions.
| ||||||
2 | (1) For an adoption ..............................$65
| ||||||
3 | (2) Upon good cause shown, the court may waive the | ||||||
4 | adoption filing fee in
a special needs adoption. The term | ||||||
5 | "special needs adoption" shall have the
meaning ascribed to | ||||||
6 | it by the Illinois Department of Children and Family
| ||||||
7 | Services.
| ||||||
8 | (ff) Adoption exemptions.
| ||||||
9 | No fee other than that set forth in subsection (ee) | ||||||
10 | shall be charged to any
person in connection with an | ||||||
11 | adoption proceeding
nor may any fee be charged
for | ||||||
12 | proceedings for the
appointment of a confidential | ||||||
13 | intermediary under the Adoption Act.
| ||||||
14 | (gg) Unpaid fees.
| ||||||
15 | Unless a court ordered payment schedule is implemented | ||||||
16 | or the fee
requirements of this Section are waived pursuant | ||||||
17 | to court order, the clerk of
the court may add to any | ||||||
18 | unpaid fees and costs under this Section a delinquency
| ||||||
19 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
20 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
21 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
22 | unpaid after 90 days. Notice to those parties may be made | ||||||
23 | by
signage posting or publication. The additional | ||||||
24 | delinquency amounts collected under this Section shall
be | ||||||
25 | used to defray additional administrative costs incurred by | ||||||
26 | the clerk of the
circuit court in collecting unpaid fees |
| |||||||
| |||||||
1 | and costs.
| ||||||
2 | (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385, | ||||||
3 | eff. 7-25-03; 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)
| ||||||
4 | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| ||||||
5 | Sec. 27.2a. The fees of the clerks of the circuit court in | ||||||
6 | all
counties having a population of 3,000,000 or more | ||||||
7 | inhabitants in the
instances described in this Section shall be | ||||||
8 | as provided in this
Section. In those instances where a minimum | ||||||
9 | and maximum fee is stated, the
clerk of the circuit court must | ||||||
10 | charge the minimum fee listed
and may charge up to the maximum | ||||||
11 | fee if the county board has by resolution
increased the fee. | ||||||
12 | The fees shall be paid in advance and shall be as follows:
| ||||||
13 | (a) Civil Cases.
| ||||||
14 | The fee for filing a complaint, petition, or other | ||||||
15 | pleading
initiating a civil action, with the following | ||||||
16 | exceptions, shall be a minimum
of $195
$190 and a maximum | ||||||
17 | of $245
$240 . $5 from all filing fees collected under this | ||||||
18 | subsection (a), except for those listed in paragraphs (A) | ||||||
19 | through (H), shall be remitted by the clerk to the State | ||||||
20 | Treasurer for deposit into the Domestic Violence Legal | ||||||
21 | Assistance Trust Fund.
| ||||||
22 | (A) When the amount of money or damages or the | ||||||
23 | value of personal
property claimed does not exceed | ||||||
24 | $250, a minimum of $15 and a maximum of
$22.
| ||||||
25 | (B) When that amount exceeds $250 but does not |
| |||||||
| |||||||
1 | exceed $1000, a minimum
of $40 and a maximum of $75.
| ||||||
2 | (C) When that amount exceeds $1000 but does not | ||||||
3 | exceed $2500, a
minimum of $50 and a maximum of $80.
| ||||||
4 | (D) When that amount exceeds $2500 but does not | ||||||
5 | exceed $5000, a
minimum of $100 and a maximum of $130.
| ||||||
6 | (E) When that amount exceeds $5000 but does not | ||||||
7 | exceed $15,000, $150.
| ||||||
8 | (F) For the exercise of eminent domain, $150. For | ||||||
9 | each additional
lot or tract of land or right or | ||||||
10 | interest therein subject to be condemned,
the damages | ||||||
11 | in respect to which shall require separate assessment | ||||||
12 | by a jury,
$150.
| ||||||
13 | (G) For the final determination of parking, | ||||||
14 | standing, and compliance
violations and final | ||||||
15 | administrative decisions issued after hearings | ||||||
16 | regarding
vehicle immobilization and impoundment made | ||||||
17 | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||||||
18 | the Illinois Vehicle Code, $25.
| ||||||
19 | (H) No fees shall be charged by the clerk to a | ||||||
20 | petitioner in any
order
of
protection including, but | ||||||
21 | not limited to, filing, modifying, withdrawing,
| ||||||
22 | certifying, or
photocopying petitions for orders of | ||||||
23 | protection, or for issuing alias summons,
or for any
| ||||||
24 | related filing service, certifying, modifying, | ||||||
25 | vacating, or
photocopying any
orders of protection.
| ||||||
26 | (b) Forcible Entry and Detainer.
|
| |||||||
| |||||||
1 | In each forcible entry and detainer case when the | ||||||
2 | plaintiff seeks
possession only or unites with his or her | ||||||
3 | claim for possession of the property
a claim for rent or | ||||||
4 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
5 | of $75 and a maximum of $140.
When the plaintiff unites his | ||||||
6 | or her claim for possession with a claim for
rent or | ||||||
7 | damages or both exceeding $15,000, a minimum of $225 and a
| ||||||
8 | maximum of
$335.
| ||||||
9 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
10 | When any defendant files a counterclaim as part of his | ||||||
11 | or her answer or
otherwise or joins another party as a | ||||||
12 | third party defendant, or both, the
defendant shall pay a | ||||||
13 | fee for each counterclaim or third party action in an
| ||||||
14 | amount equal to the fee he or she would have had to pay had | ||||||
15 | he or she
brought a separate action for the relief sought | ||||||
16 | in the counterclaim or
against the third party defendant, | ||||||
17 | less the amount of the appearance fee,
if that has been | ||||||
18 | paid.
| ||||||
19 | (d) Confession of Judgment.
| ||||||
20 | In a confession of judgment when the amount does not | ||||||
21 | exceed $1500, a
minimum of $60 and a maximum of $70.
When | ||||||
22 | the amount exceeds $1500, but does not exceed $5000, a | ||||||
23 | minimum of $75
and a maximum of $150.
When the
amount | ||||||
24 | exceeds $5000, but does not exceed $15,000, a minimum of | ||||||
25 | $175 and
a
maximum of $260. When the
amount
exceeds | ||||||
26 | $15,000, a minimum of $250 and a maximum of $310.
|
| |||||||
| |||||||
1 | (e) Appearance.
| ||||||
2 | The fee for filing an appearance in each civil case | ||||||
3 | shall be a minimum
of
$75 and a maximum of $110,
except as | ||||||
4 | follows:
| ||||||
5 | (A) When the plaintiff in a forcible entry and | ||||||
6 | detainer case seeks
possession only, a minimum of $40 | ||||||
7 | and a maximum of $80.
| ||||||
8 | (B) When the amount in the case does not exceed | ||||||
9 | $1500, a minimum of
$40 and a maximum of $80.
| ||||||
10 | (C) When that amount exceeds $1500 but does not | ||||||
11 | exceed $15,000, a
minimum of $60 and a maximum of $90.
| ||||||
12 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
13 | In garnishment affidavit, wage deduction affidavit, | ||||||
14 | and citation
petition when the amount does not exceed | ||||||
15 | $1,000, a minimum of $15 and a
maximum of $25; when the
| ||||||
16 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
17 | of $30 and a maximum
of
$45; and when the amount
exceeds
| ||||||
18 | $5,000, a minimum of $50 and a maximum of $80.
| ||||||
19 | (g) Petition to Vacate
or Modify.
| ||||||
20 | (1) Petition to vacate
or modify any final judgment or | ||||||
21 | order of court,
except in forcible entry and detainer cases | ||||||
22 | and small claims cases or a
petition to reopen an estate, | ||||||
23 | to modify, terminate, or enforce a
judgment or order for | ||||||
24 | child or spousal support, or to modify, suspend, or
| ||||||
25 | terminate an order for withholding, if filed before 30 days | ||||||
26 | after the entry
of the judgment or order, a minimum of $50 |
| |||||||
| |||||||
1 | and a maximum of $60.
| ||||||
2 | (2) Petition to vacate
or modify any final judgment
or | ||||||
3 | order of court, except a petition to modify, terminate, or | ||||||
4 | enforce a
judgment or order for child or spousal support or | ||||||
5 | to modify, suspend, or
terminate an order for withholding, | ||||||
6 | if filed later than 30 days
after the entry of the judgment | ||||||
7 | or order, a minimum of $75 and a maximum
of
$90.
| ||||||
8 | (3) Petition to vacate order of bond forfeiture, a | ||||||
9 | minimum of $40
and a
maximum of $80.
| ||||||
10 | (h) Mailing.
| ||||||
11 | When the clerk is required to mail, the fee will be a | ||||||
12 | minimum of $10
and
a maximum of $15,
plus the cost of | ||||||
13 | postage.
| ||||||
14 | (i) Certified Copies.
| ||||||
15 | Each certified copy of a judgment after the first, | ||||||
16 | except in small
claims and forcible entry and detainer | ||||||
17 | cases, a minimum of $15 and a
maximum
of $20.
| ||||||
18 | (j) Habeas Corpus.
| ||||||
19 | For filing a petition for relief by habeas corpus, a | ||||||
20 | minimum of $125
and
a maximum of $190.
| ||||||
21 | (k) Certification, Authentication, and Reproduction.
| ||||||
22 | (1) Each certification or authentication for taking | ||||||
23 | the acknowledgment
of a deed or other instrument in writing | ||||||
24 | with the seal of office, a minimum
of $6 and a maximum of | ||||||
25 | $9.
| ||||||
26 | (2) Court appeals when original documents are |
| |||||||
| |||||||
1 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
2 | minimum of $75 and a maximum of $110.
| ||||||
3 | (3) Court appeals when original documents are | ||||||
4 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
5 | minimum of $150 and a maximum of $185.
| ||||||
6 | (4) Court appeals when original documents are | ||||||
7 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
8 | of 25 and a maximum of 30 cents
per
page.
| ||||||
9 | (5) For reproduction of any document contained in the | ||||||
10 | clerk's files:
| ||||||
11 | (A) First page, $2.
| ||||||
12 | (B) Next 19 pages, 50 cents per page.
| ||||||
13 | (C) All remaining pages, 25 cents per page.
| ||||||
14 | (l) Remands.
| ||||||
15 | In any cases remanded to the Circuit Court from the | ||||||
16 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
17 | clerk shall file the
remanding order and reinstate the case | ||||||
18 | with either its original number or a new
number. The Clerk
| ||||||
19 | shall not charge any new or additional fee for the | ||||||
20 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
21 | the parties of the reinstatement. A
party shall have the | ||||||
22 | same right to a jury trial on remand and reinstatement
as | ||||||
23 | he or she had before the appeal, and no additional or new | ||||||
24 | fee or charge
shall be made for a jury trial after remand.
| ||||||
25 | (m) Record Search.
| ||||||
26 | For each record search, within a division or municipal |
| |||||||
| |||||||
1 | district, the
clerk shall be entitled to a search fee of a | ||||||
2 | minimum of $6 and a maximum
of
$9 for each year
searched.
| ||||||
3 | (n) Hard Copy.
| ||||||
4 | For each page of hard copy print output, when case | ||||||
5 | records are
maintained on an automated medium, the clerk | ||||||
6 | shall be entitled to a fee of
a minimum of $6 and a maximum | ||||||
7 | of $9.
| ||||||
8 | (o) Index Inquiry and Other Records.
| ||||||
9 | No fee shall be charged for a single | ||||||
10 | plaintiff/defendant index inquiry
or single case record | ||||||
11 | inquiry when this request is made in person and the
records | ||||||
12 | are maintained in a current automated medium, and when no | ||||||
13 | hard copy
print output is requested. The fees to be charged | ||||||
14 | for management records,
multiple case records, and | ||||||
15 | multiple journal records may be specified by the
Chief | ||||||
16 | Judge pursuant to the guidelines for access and | ||||||
17 | dissemination of
information approved by the Supreme | ||||||
18 | Court.
| ||||||
19 | (p) (Blank).
| ||||||
20 | (q) Alias Summons.
| ||||||
21 | For each alias summons or citation issued by the clerk, | ||||||
22 | a minimum of $5
and a maximum of $6.
| ||||||
23 | (r) Other Fees.
| ||||||
24 | Any fees not covered in this Section shall be set by | ||||||
25 | rule or
administrative order of the Circuit Court with the | ||||||
26 | approval of the
Administrative Office of the Illinois |
| |||||||
| |||||||
1 | Courts.
| ||||||
2 | The clerk of the circuit court may provide additional | ||||||
3 | services for
which there is no fee specified by statute in | ||||||
4 | connection with the operation
of the clerk's office as may | ||||||
5 | be requested by the public and agreed to by
the clerk and | ||||||
6 | approved by the chief judge of the circuit court. Any
| ||||||
7 | charges for additional services shall be as agreed to
| ||||||
8 | between the clerk and the party making the request and | ||||||
9 | approved by the
chief judge of the circuit court. Nothing | ||||||
10 | in this
subsection shall be construed to require any clerk | ||||||
11 | to provide any service
not otherwise required by law.
| ||||||
12 | (s) Jury Services.
| ||||||
13 | The clerk shall be entitled to receive, in
addition to | ||||||
14 | other fees allowed by law, the sum of a minimum of $212.50
| ||||||
15 | and
maximum of $230, as a
fee for the
services of a jury in | ||||||
16 | every civil action not quasi-criminal in its
nature and not | ||||||
17 | a proceeding for the exercise of the right of eminent
| ||||||
18 | domain and in every other action wherein the right of trial | ||||||
19 | by jury
is or may be given by law. The jury fee shall be | ||||||
20 | paid by the party
demanding a jury at the time of filing | ||||||
21 | the jury demand. If the fee is
not paid by either party, no | ||||||
22 | jury shall be called in the action or
proceeding, and the | ||||||
23 | same shall be tried by the court without a jury.
| ||||||
24 | (t) Voluntary Assignment.
| ||||||
25 | For filing each deed of voluntary assignment, a minimum | ||||||
26 | of $20 and a
maximum of $40; for
recording
the same, a |
| |||||||
| |||||||
1 | minimum of 50¢ and a maximum of $0.80 for each 100 words.
| ||||||
2 | Exceptions filed to claims
presented
to an assignee of a | ||||||
3 | debtor who has made a voluntary assignment for the
benefit | ||||||
4 | of creditors shall be considered and treated, for the | ||||||
5 | purpose of
taxing costs therein, as actions in which the | ||||||
6 | party or parties filing
the exceptions shall be considered | ||||||
7 | as party or parties plaintiff, and
the claimant or | ||||||
8 | claimants as party or parties defendant, and those
parties | ||||||
9 | respectively shall pay to the clerk the same fees
as | ||||||
10 | provided by this Section to be paid in other actions.
| ||||||
11 | (u) Expungement Petition.
| ||||||
12 | The clerk shall be entitled to receive a fee of a | ||||||
13 | minimum of $60 and
a
maximum of $120 for each
expungement | ||||||
14 | petition filed and an additional fee of a minimum of $4 and | ||||||
15 | a
maximum of $8 for each
certified
copy of an order to | ||||||
16 | expunge arrest records.
| ||||||
17 | (v) Probate.
| ||||||
18 | The clerk is entitled to receive the fees
specified in | ||||||
19 | this subsection (v), which shall be paid in advance,
except | ||||||
20 | that, for good cause shown, the court may suspend, reduce, | ||||||
21 | or
release the costs payable under this subsection:
| ||||||
22 | (1) For administration of the estate of a decedent | ||||||
23 | (whether testate
or intestate) or of a missing person, a | ||||||
24 | minimum of $150 and a maximum of
$225, plus the fees
| ||||||
25 | specified in
subsection (v)(3), except:
| ||||||
26 | (A) When the value of the real and personal |
| |||||||
| |||||||
1 | property does not exceed
$15,000, the fee shall be a | ||||||
2 | minimum of $40 and a maximum of $65.
| ||||||
3 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
4 | a domestic or
foreign will is admitted to probate | ||||||
5 | without administration (including
proof of heirship), | ||||||
6 | or (iii) letters of office are issued for a particular
| ||||||
7 | purpose without administration of the estate, the fee | ||||||
8 | shall be a minimum of
$40 and a maximum of $65.
| ||||||
9 | (2) For administration of the estate of a ward, a | ||||||
10 | minimum of $75 and
a
maximum of $110,
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 $40 and a maximum of $65.
| ||||||
15 | (B) When (i) letters of office are issued to a | ||||||
16 | guardian of the person
or persons,
but not of the | ||||||
17 | estate or (ii) letters of office are issued in the | ||||||
18 | estate of
a ward without administration of the estate, | ||||||
19 | including filing or joining in
the filing of a tax | ||||||
20 | return or releasing a mortgage or consenting to the
| ||||||
21 | marriage of the ward, the fee shall be a minimum of $20 | ||||||
22 | and a maximum of
$40.
| ||||||
23 | (3) In addition to the fees payable under subsection | ||||||
24 | (v)(1) or
(v)(2) of this Section, the following fees are | ||||||
25 | payable:
| ||||||
26 | (A) For each account (other than one final account) |
| |||||||
| |||||||
1 | filed in the
estate of a decedent, or ward, a minimum | ||||||
2 | of $25 and a maximum of $40.
| ||||||
3 | (B) For filing a claim in an estate when the amount | ||||||
4 | claimed is $150
or more but less than $500, a minimum | ||||||
5 | of $20 and a maximum of $40; when
the
amount claimed is | ||||||
6 | $500 or
more but less than $10,000, a minimum of $40 | ||||||
7 | and a maximum of $65; when
the
amount claimed is | ||||||
8 | $10,000
or more,
a minimum of $60 and a maximum of $90; | ||||||
9 | provided that the court in
allowing
a claim may add to | ||||||
10 | the
amount allowed
the filing fee paid by the claimant.
| ||||||
11 | (C) For filing in an estate a claim, petition, or | ||||||
12 | supplemental
proceeding based upon an action seeking | ||||||
13 | equitable relief including the
construction or contest | ||||||
14 | of a will, enforcement of a contract to make a
will, | ||||||
15 | and proceedings involving testamentary trusts or the | ||||||
16 | appointment of
testamentary trustees, a minimum of $60 | ||||||
17 | and a maximum of $90.
| ||||||
18 | (D) For filing in an estate (i) the appearance of | ||||||
19 | any person for the
purpose of consent or (ii) the | ||||||
20 | appearance of an executor, administrator,
| ||||||
21 | administrator to collect, guardian, guardian ad litem, | ||||||
22 | or special
administrator, no fee.
| ||||||
23 | (E) Except as provided in subsection (v)(3)(D), | ||||||
24 | for filing the
appearance of any person or persons, a | ||||||
25 | minimum of $30 and a maximum of
$90.
| ||||||
26 | (F) For each jury demand, a minimum of $137.50 and |
| |||||||
| |||||||
1 | a maximum of
$180.
| ||||||
2 | (G) For disposition of the collection of a judgment | ||||||
3 | or settlement of
an action or claim for wrongful death | ||||||
4 | of a decedent or of any cause of
action of a ward, when | ||||||
5 | there is no other administration
of the estate, a | ||||||
6 | minimum of $50 and a maximum of $80, less any amount
| ||||||
7 | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
8 | that if the amount involved does not exceed
$5,000, the | ||||||
9 | fee, including any amount paid under subsection
| ||||||
10 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | ||||||
11 | maximum of $40.
| ||||||
12 | (H) For each certified copy of letters of office, | ||||||
13 | of court order or
other certification, a minimum of $2 | ||||||
14 | and a maximum of $4, plus $1 per
page
in excess
of 3 | ||||||
15 | pages for the document certified.
| ||||||
16 | (I) For each exemplification, $2, plus the fee for | ||||||
17 | certification.
| ||||||
18 | (4) The executor, administrator, guardian, petitioner,
| ||||||
19 | or other interested person or his or her attorney shall pay | ||||||
20 | the cost of
publication by the clerk directly to the | ||||||
21 | newspaper.
| ||||||
22 | (5) The person on whose behalf a charge is incurred for | ||||||
23 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
24 | fee shall pay the same
directly to the person entitled | ||||||
25 | thereto.
| ||||||
26 | (6) The executor, administrator, guardian, petitioner, |
| |||||||
| |||||||
1 | or other
interested person or his or her attorney shall pay | ||||||
2 | to the clerk all postage
charges incurred by the clerk in | ||||||
3 | mailing petitions, orders, notices, or
other documents | ||||||
4 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
5 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
6 | (1) The clerk shall be entitled to costs in all | ||||||
7 | criminal
and quasi-criminal cases from each person | ||||||
8 | convicted or sentenced to
supervision therein as follows:
| ||||||
9 | (A) Felony complaints, a minimum of $125 and a | ||||||
10 | maximum of $190.
| ||||||
11 | (B) Misdemeanor complaints, a minimum of $75 and a | ||||||
12 | maximum of
$110.
| ||||||
13 | (C) Business offense complaints, a minimum of $75 | ||||||
14 | and a maximum of
$110.
| ||||||
15 | (D) Petty offense complaints, a minimum of $75 and | ||||||
16 | a maximum of
$110.
| ||||||
17 | (E) Minor traffic or ordinance violations, $30.
| ||||||
18 | (F) When court appearance required, $50.
| ||||||
19 | (G) Motions to vacate or amend final orders, a | ||||||
20 | minimum of $40 and
a
maximum of $80.
| ||||||
21 | (H) Motions to vacate bond forfeiture orders, a | ||||||
22 | minimum of $30 and
a
maximum of $45.
| ||||||
23 | (I) Motions to vacate ex parte judgments, whenever | ||||||
24 | filed, a minimum
of
$30 and a maximum of $45.
| ||||||
25 | (J) Motions to vacate judgment on forfeitures, | ||||||
26 | whenever filed, a
minimum of $25 and a maximum of $30.
|
| |||||||
| |||||||
1 | (K) Motions to vacate "failure to appear" or | ||||||
2 | "failure to comply"
notices sent to the Secretary of | ||||||
3 | State, a minimum of $40 and a maximum of
$50.
| ||||||
4 | (2) In counties having a population of 3,000,000 or | ||||||
5 | more,
when the violation complaint is issued by a municipal
| ||||||
6 | police department, the clerk shall be entitled to costs | ||||||
7 | from each person
convicted therein as follows:
| ||||||
8 | (A) Minor traffic or ordinance violations, $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 other | ||||||
14 | fees or costs allowed or imposed by law, the sum of a
| ||||||
15 | minimum of
$112.50 and a maximum of $250
as a fee for the | ||||||
16 | services of a jury. The jury fee shall be paid by the
| ||||||
17 | defendant at the time of filing his or her jury demand. If | ||||||
18 | the fee is not
so paid by the defendant, no jury shall be | ||||||
19 | called, and the case shall be
tried by the court without a | ||||||
20 | jury.
| ||||||
21 | (x) Transcripts of Judgment.
| ||||||
22 | For the filing of a transcript of judgment, the clerk | ||||||
23 | 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 of |
| |||||||
| |||||||
1 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
2 | were the commencement of a new suit.
| ||||||
3 | (2) The fee for the preparation and certification of a | ||||||
4 | record on a
change of venue to another jurisdiction, when | ||||||
5 | original documents are
forwarded, a minimum of $40 and a | ||||||
6 | maximum of $65.
| ||||||
7 | (z) Tax objection complaints.
| ||||||
8 | For each tax objection complaint containing one or more | ||||||
9 | tax
objections, regardless of the number of parcels | ||||||
10 | involved or the number of
taxpayers joining in the | ||||||
11 | complaint, a minimum of $50 and a maximum of
$100.
| ||||||
12 | (aa) Tax Deeds.
| ||||||
13 | (1) Petition for tax deed, if only one parcel is | ||||||
14 | involved, a minimum
of
$250 and a maximum of $400.
| ||||||
15 | (2) For each additional parcel, add a fee of a minimum | ||||||
16 | of $100 and a
maximum of $200.
| ||||||
17 | (bb) Collections.
| ||||||
18 | (1) For all collections made of others, except the | ||||||
19 | State and county
and except in maintenance or child support | ||||||
20 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
21 | turned over.
| ||||||
22 | (2) Interest earned on any funds held by the clerk | ||||||
23 | shall be turned
over to the county general fund as an | ||||||
24 | earning of the office.
| ||||||
25 | (3) For any check, draft, or other bank instrument | ||||||
26 | returned to the
clerk for non-sufficient funds, account |
| |||||||
| |||||||
1 | closed, or payment stopped, $25.
| ||||||
2 | (4) In child support and maintenance cases, the clerk, | ||||||
3 | if authorized by an
ordinance of the county board, may | ||||||
4 | collect an annual fee of up to $36 from
the person making | ||||||
5 | payment for maintaining child support records and the
| ||||||
6 | processing of support orders to the State of Illinois KIDS | ||||||
7 | system and the
recording of payments issued by the State | ||||||
8 | Disbursement Unit for the official
record of the Court. | ||||||
9 | This fee shall be in addition
to and separate from amounts | ||||||
10 | ordered to be paid as maintenance or child
support and | ||||||
11 | shall be deposited into a Separate Maintenance and Child | ||||||
12 | Support
Collection Fund, of which the clerk shall be the | ||||||
13 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
14 | child support orders and record all payments
issued by the | ||||||
15 | State Disbursement Unit for the official record of the | ||||||
16 | Court.
The clerk may recover from the person making the | ||||||
17 | maintenance or child
support payment any additional cost | ||||||
18 | incurred in the collection of this annual
fee.
| ||||||
19 | The clerk shall also be entitled to a fee of $5 for | ||||||
20 | certifications made
to the Secretary of State as provided | ||||||
21 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
22 | and these fees shall also be deposited into the
Separate | ||||||
23 | Maintenance and Child Support Collection Fund.
| ||||||
24 | (cc) Corrections of Numbers.
| ||||||
25 | For correction of the case number, case title, or | ||||||
26 | attorney computer
identification number, if required by |
| |||||||
| |||||||
1 | rule of court, on any document filed
in the clerk's office, | ||||||
2 | to be charged against the party that filed the document,
a | ||||||
3 | minimum of $25 and a maximum of $40.
| ||||||
4 | (dd) Exceptions.
| ||||||
5 | (1) The fee requirements of this Section shall not | ||||||
6 | apply to police
departments or other law enforcement | ||||||
7 | agencies. In this Section, "law
enforcement agency" means | ||||||
8 | an agency of the State or a unit of local
government which | ||||||
9 | is vested by law or ordinance with the duty to maintain
| ||||||
10 | public order and to enforce criminal laws or ordinances. | ||||||
11 | "Law enforcement
agency" also means the Attorney General or | ||||||
12 | any state's attorney.
| ||||||
13 | (2) No fee provided herein shall be charged to any unit | ||||||
14 | of
local government or school district.
The fee | ||||||
15 | requirements of this Section shall not apply to any action | ||||||
16 | instituted
under subsection (b) of Section 11-31-1 of the | ||||||
17 | Illinois Municipal Code by a
private owner or tenant of | ||||||
18 | real property within 1200 feet of a dangerous or
unsafe | ||||||
19 | building seeking an order compelling the owner or owners of | ||||||
20 | the building
to take any of the actions authorized under | ||||||
21 | that subsection.
| ||||||
22 | (3) The fee requirements of this Section shall not | ||||||
23 | apply to the filing
of any
commitment petition or petition | ||||||
24 | for an order authorizing the administration of
authorized
| ||||||
25 | involuntary treatment in the form of medication under the | ||||||
26 | Mental Health and
Developmental Disabilities Code.
|
| |||||||
| |||||||
1 | (ee) Adoption.
| ||||||
2 | (1) For an adoption ..............................$65
| ||||||
3 | (2) Upon good cause shown, the court may waive the | ||||||
4 | adoption filing fee
in a special needs adoption. The term | ||||||
5 | "special needs adoption" shall have
the meaning ascribed to | ||||||
6 | it by the Illinois Department of Children and Family
| ||||||
7 | Services.
| ||||||
8 | (ff) Adoption exemptions.
| ||||||
9 | No fee other than that set forth in subsection (ee) | ||||||
10 | shall be charged to
any person in connection with an | ||||||
11 | adoption proceeding
nor may any fee be
charged for | ||||||
12 | proceedings for
the appointment of a confidential | ||||||
13 | intermediary under the Adoption Act.
| ||||||
14 | (gg) Unpaid fees.
| ||||||
15 | Unless a court ordered payment schedule is implemented | ||||||
16 | or the fee
requirements of this Section are waived pursuant | ||||||
17 | to court order, the clerk of
the court may add to any | ||||||
18 | unpaid fees and costs under this Section a delinquency
| ||||||
19 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
20 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
21 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
22 | unpaid after 90 days. Notice to those parties may be made | ||||||
23 | by
signage posting or publication. The additional | ||||||
24 | delinquency amounts collected under this Section shall
be | ||||||
25 | used to defray additional administrative costs incurred by | ||||||
26 | the clerk of the
circuit court in collecting unpaid fees |
| |||||||
| |||||||
1 | and costs.
| ||||||
2 | (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03; | ||||||
3 | 93-573, eff. 8-21-03; 93-760, eff. 1-1-05 .)
|