|
Rep. Kelly M. Cassidy
Filed: 5/25/2016
| | 09900SB3162ham003 | | LRB099 20679 HEP 49220 a |
|
|
1 | | AMENDMENT TO SENATE BILL 3162
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 3162 on page 1, by |
3 | | inserting immediately below line 3 the following:
|
4 | | "Section 3. The Counties Code is amended by changing |
5 | | Section 5-39001 as follows: |
6 | | (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
|
7 | | Sec. 5-39001. Establishment and use; fee. The county board |
8 | | of any
county may establish and maintain a county law library, |
9 | | to be located in
any county building or privately or publicly |
10 | | owned building at the county
seat of government. The term |
11 | | "county building" includes premises leased by
the county from a |
12 | | public building commission created under the Public
Building |
13 | | Commission Act. After August 2, 1976, the county board of any
|
14 | | county may establish and maintain a county law library at the |
15 | | county seat
of government and, in addition, branch law |
16 | | libraries in other locations
within that county as the county |
|
| | 09900SB3162ham003 | - 2 - | LRB099 20679 HEP 49220 a |
|
|
1 | | board deems necessary.
|
2 | | The facilities of those libraries shall be freely available |
3 | | to all
licensed Illinois attorneys, judges, other public |
4 | | officers of the county,
and all members of the public, whenever |
5 | | the court house is open, and may include self-help centers and |
6 | | other legal assistance programs for the public as part of the |
7 | | services it provides on-site and online.
|
8 | | The expense of establishing and maintaining those |
9 | | libraries shall be
borne by the county. To defray that expense, |
10 | | including the expense of any attendant self-help centers and |
11 | | legal assistance programs, in any county having
established a |
12 | | county law library or libraries, the clerk of all
trial courts |
13 | | located at the county seat of government shall charge and
|
14 | | collect a county law library fee of $2, and the county board |
15 | | may
authorize a county law library fee of not to exceed $21 |
16 | | through December 31, 2021 and $20 on and after January 1, 2022 |
17 | | (i) $18 in 2009, (ii) $19 in 2010, and (iii) $21 in 2011 and |
18 | | thereafter ,
to be charged and collected by the clerks of all |
19 | | trial courts located in
the county.
The fee shall be paid at |
20 | | the time of filing the first pleading,
paper, or other |
21 | | appearance filed by each party in all civil cases, but no
|
22 | | additional fee shall be required if more than one party is |
23 | | represented in a
single pleading, paper, or other appearance.
|
24 | | Each clerk shall commence those charges and collections |
25 | | upon
receipt of written notice from the chairman of the county |
26 | | board that
the board has acted under this Division to establish |
|
| | 09900SB3162ham003 | - 3 - | LRB099 20679 HEP 49220 a |
|
|
1 | | and
maintain a law library.
|
2 | | The fees shall be in addition to all other fees and charges |
3 | | of the
clerks, assessable as costs, remitted by the clerks |
4 | | monthly to the county
treasurer, and retained by the county |
5 | | treasurer in a special fund
designated as the County Law |
6 | | Library Fund. Except as otherwise provided in
this paragraph, |
7 | | disbursements from the fund
shall be by the county treasurer, |
8 | | on order of a majority of the resident
circuit judges of the |
9 | | circuit court of the county. In any
county with more than |
10 | | 2,000,000 inhabitants,
the
county board shall
order |
11 | | disbursements from the fund and the presiding officer of the
|
12 | | county board, with the advice and consent of the county board, |
13 | | may
appoint a library committee of not less than 9 members, |
14 | | who, by majority
vote, may recommend to the county board as to |
15 | | disbursements of
the fund and the operation of the library. In |
16 | | single county circuits with
2,000,000 or fewer
inhabitants, |
17 | | disbursements from the County Law Library Fund shall be made by
|
18 | | the county treasurer on the order of the chief judge of the |
19 | | circuit court of
the county. In those single county circuits, |
20 | | the number of personnel necessary
to
operate and maintain the |
21 | | county law library shall be set by and those personnel
shall be |
22 | | appointed
by the chief judge. The county law library personnel |
23 | | shall serve at the
pleasure
of the appointing authority. The |
24 | | salaries of those personnel shall be fixed by
the county board |
25 | | of the county.
Orders shall be
pre-audited, funds shall be |
26 | | audited by the county auditor, and
a report of the orders and |
|
| | 09900SB3162ham003 | - 4 - | LRB099 20679 HEP 49220 a |
|
|
1 | | funds shall be rendered to
the county board and to the judges.
|
2 | | Fees shall not be charged in any criminal or quasi-criminal
|
3 | | case, in any matter coming to the clerk on change of venue, or |
4 | | in
any proceeding to review the decision of any administrative |
5 | | officer,
agency, or body.
|
6 | | No moneys distributed from the County Law Library Fund may |
7 | | be directly or indirectly used for lobbying activities, as |
8 | | defined in Section 2 of the Lobbyist Registration Act or as |
9 | | defined in any ordinance or resolution of a municipality, |
10 | | county, or other unit of local government in Illinois. |
11 | | (Source: P.A. 98-351, eff. 8-15-13.)"; and
|
12 | | on page 1, by replacing line 5 with the following: |
13 | | "Sections 27.1a, 27.2, 27.2a, 27.3a, 27.7, and 28 as follows:
|
14 | | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
|
15 | | Sec. 27.1a. The fees of the clerks of the circuit court in |
16 | | all
counties having a population of not more than
500,000 |
17 | | inhabitants in the instances described in this Section
shall be |
18 | | as provided in this Section.
In those instances where a minimum |
19 | | and maximum fee is stated, the clerk of
the circuit court must |
20 | | charge the minimum fee listed and may charge up to the
maximum |
21 | | fee if the county board has by resolution increased the fee.
|
22 | | The fees shall be paid in advance and
shall be as follows:
|
23 | | (a) Civil Cases.
|
|
| | 09900SB3162ham003 | - 5 - | LRB099 20679 HEP 49220 a |
|
|
1 | | With the following exceptions, the The fee for filing a |
2 | | complaint, petition, or other pleading initiating
a civil |
3 | | action , with the following exceptions, shall be a minimum |
4 | | of $40 and
shall be a maximum of $160 through December 31, |
5 | | 2021 and a maximum of $154 on and after January 1, 2022 .
|
6 | | (A) When the amount of money or damages or the |
7 | | value of personal
property claimed does not exceed |
8 | | $250, $10.
|
9 | | (B) When that amount exceeds $250 but does not |
10 | | exceed $500, a minimum
of $10 and a maximum of $20.
|
11 | | (C) When that amount exceeds $500 but does not |
12 | | exceed $2500, a minimum
of $25 and a maximum of $40.
|
13 | | (D) When that amount exceeds $2500 but does not |
14 | | exceed $15,000, a
minimum of $25 and a maximum of $75.
|
15 | | (E) For the exercise of eminent domain, a minimum |
16 | | of $45 and
a maximum of $150. For each additional
lot |
17 | | or tract of land or right or interest therein subject |
18 | | to be condemned,
the damages in respect to which shall |
19 | | require separate assessment by a
jury, a minimum of $45 |
20 | | and a maximum of $150.
|
21 | | (a-1) Family.
|
22 | | For filing a petition under the Juvenile Court Act of |
23 | | 1987, $25.
|
24 | | For filing a petition for a marriage license, $10.
|
25 | | For performing a marriage in court, $10.
|
26 | | For filing a petition under the Illinois Parentage Act |
|
| | 09900SB3162ham003 | - 6 - | LRB099 20679 HEP 49220 a |
|
|
1 | | of 2015, $40.
|
2 | | (b) Forcible Entry and Detainer.
|
3 | | In each forcible entry and detainer case when the |
4 | | plaintiff seeks
possession only or unites with his or her |
5 | | claim for possession of the property
a claim for rent or |
6 | | damages or both in the amount of $15,000 or less, a
minimum |
7 | | of $10 and a maximum of $50.
When the plaintiff unites his |
8 | | or her claim for possession with a claim for
rent or |
9 | | damages or both exceeding $15,000, a minimum of $40 and a |
10 | | maximum of
$160.
|
11 | | (c) Counterclaim or Joining Third Party Defendant.
|
12 | | When any defendant files a counterclaim as part of his |
13 | | or her
answer or otherwise or joins another party as a |
14 | | third party defendant, or
both, the defendant shall pay a |
15 | | fee for each counterclaim or third
party action in an |
16 | | amount equal to the fee he or she would have had to pay
had |
17 | | he or she brought a separate action for the relief sought |
18 | | in the
counterclaim or against the third party defendant, |
19 | | less the amount of the
appearance fee, if that has been |
20 | | paid.
|
21 | | (d) Confession of Judgment.
|
22 | | In a confession of judgment when the amount does not |
23 | | exceed $1500, a
minimum of $20 and a maximum of $50.
When |
24 | | the amount exceeds $1500, but does not exceed $15,000, a
|
25 | | minimum of $40 and a maximum of $115. When the
amount |
26 | | exceeds $15,000, a minimum of $40 and a maximum of $200.
|
|
| | 09900SB3162ham003 | - 7 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (e) Appearance.
|
2 | | The fee for filing an appearance in each civil case |
3 | | shall be a minimum of
$15 and a maximum of $60,
except as |
4 | | follows:
|
5 | | (A) When the plaintiff in a forcible entry and |
6 | | detainer case seeks
possession only, a minimum of $10 |
7 | | and a maximum of $50.
|
8 | | (B) When the amount in the case does not exceed |
9 | | $1500, a minimum of
$10 and a maximum of $30.
|
10 | | (C) When that amount exceeds $1500 but does not |
11 | | exceed $15,000, a
minimum of $15 and a maximum of $60.
|
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 $5 and a
maximum
of $15; when the |
16 | | amount
exceeds $1,000 but does not exceed $5,000, a minimum |
17 | | of $5 and a maximum of
$30; and when the amount exceeds
|
18 | | $5,000, a minimum of $5 and a maximum of $50.
|
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 $20 |
|
| | 09900SB3162ham003 | - 8 - | LRB099 20679 HEP 49220 a |
|
|
1 | | and a maximum of $50.
|
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 $20 and a maximum of $75.
|
8 | | (3) Petition to vacate order of bond forfeiture, a |
9 | | minimum of $10 and a
maximum of $40.
|
10 | | (h) Mailing.
|
11 | | When the clerk is required to mail, the fee will be a |
12 | | minimum of $2 and a
maximum of $10,
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 $2 and a maximum
of $10.
|
18 | | (j) Habeas Corpus.
|
19 | | For filing a petition for relief by habeas corpus, a |
20 | | minimum of $60 and a
maximum of $100.
|
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 $2 and a maximum of |
25 | | $6.
|
26 | | (2) Court appeals when original documents are |
|
| | 09900SB3162ham003 | - 9 - | LRB099 20679 HEP 49220 a |
|
|
1 | | forwarded, under 100 pages,
plus delivery and costs, a |
2 | | minimum of $20 and a maximum of $60.
|
3 | | (3) Court appeals when original documents are |
4 | | forwarded, over 100 pages,
plus delivery and costs, a |
5 | | minimum of $50 and a maximum of $150.
|
6 | | (4) Court appeals when original documents are |
7 | | forwarded, over 200
pages, an additional fee of a minimum |
8 | | of 20 cents and a maximum of 25 cents per page.
|
9 | | (5) For reproduction of any document contained in the |
10 | | clerk's files:
|
11 | | (A) First page, a minimum of $1 and a maximum
of |
12 | | $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.
|
|
| | 09900SB3162ham003 | - 10 - | LRB099 20679 HEP 49220 a |
|
|
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 $2
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 |
|
| | 09900SB3162ham003 | - 11 - | LRB099 20679 HEP 49220 a |
|
|
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 $62.50 |
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 |
|
| | 09900SB3162ham003 | - 12 - | LRB099 20679 HEP 49220 a |
|
|
1 | | of $10 and a
maximum of $20; for recording
the same, a |
2 | | minimum of 25 cents and a maximum of 50 cents for each
100 |
3 | | words. Exceptions filed to claims presented
to an assignee |
4 | | of a debtor who has made a voluntary assignment for the
|
5 | | benefit of creditors shall be considered and treated, for |
6 | | the purpose of
taxing costs therein, as actions in which |
7 | | the party or parties filing
the exceptions shall be |
8 | | considered as party or parties plaintiff, and
the claimant |
9 | | or claimants as party or parties defendant, and those
|
10 | | parties respectively shall pay to the clerk the same fees
|
11 | | as 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 $15 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 $50 and a maximum of
$150, plus the fees |
26 | | specified in
subsection (v)(3), except:
|
|
| | 09900SB3162ham003 | - 13 - | LRB099 20679 HEP 49220 a |
|
|
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
$10 and a maximum of $40.
|
10 | | (C) For filing a petition to sell Real Estate, $50.
|
11 | | (2) For administration of the estate of a ward, a |
12 | | minimum of $50 and a
maximum of $75,
plus the fees |
13 | | specified in subsection (v)(3), except:
|
14 | | (A) When the value of the real and personal |
15 | | property does not exceed
$15,000, the fee shall be a |
16 | | minimum of $25 and a maximum of $40.
|
17 | | (B) When (i) letters of office are issued to a |
18 | | guardian of the person
or persons,
but not of the |
19 | | estate or (ii) letters of office are issued in the |
20 | | estate of
a ward without administration of the estate, |
21 | | including filing or joining in
the filing of a tax |
22 | | return or releasing a mortgage or consenting to the
|
23 | | marriage of the ward, the fee shall be a minimum of $10 |
24 | | and a maximum of
$20.
|
25 | | (C) For filing a Petition to sell Real Estate, $50.
|
26 | | (3) In addition to the fees payable under subsection |
|
| | 09900SB3162ham003 | - 14 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (v)(1) or (v)(2)
of this Section, the following fees are |
2 | | payable:
|
3 | | (A) For each account (other than one final account) |
4 | | filed in the
estate of a decedent, or ward, a minimum |
5 | | of $10 and a maximum of $25.
|
6 | | (B) For filing a claim in an estate when the amount |
7 | | claimed is $150
or more but less than $500, a minimum |
8 | | of $10 and a maximum of $25;
when the amount claimed is |
9 | | $500 or more
but less than $10,000, a minimum of $10 |
10 | | and a maximum of $40; when
the amount claimed is |
11 | | $10,000 or more, a minimum of $10 and a maximum of
$60; |
12 | | provided that the court in allowing a claim may add to |
13 | | the
amount
allowed the filing fee paid by the claimant.
|
14 | | (C) For filing in an estate a claim, petition, or |
15 | | supplemental
proceeding based upon an action seeking |
16 | | equitable relief including the
construction or contest |
17 | | of a will, enforcement of a contract to make a
will, |
18 | | and proceedings involving testamentary trusts or the |
19 | | appointment of
testamentary trustees, a minimum of $40 |
20 | | and a maximum of $60.
|
21 | | (D) For filing in an estate (i) the appearance of |
22 | | any person for the
purpose of consent or (ii) the |
23 | | appearance of an executor, administrator,
|
24 | | administrator to collect, guardian, guardian ad litem, |
25 | | or special
administrator, no fee.
|
26 | | (E) Except as provided in subsection (v)(3)(D), |
|
| | 09900SB3162ham003 | - 15 - | LRB099 20679 HEP 49220 a |
|
|
1 | | for filing the
appearance of any person or persons, a |
2 | | minimum of $10 and a maximum of $30.
|
3 | | (F) For each jury demand, a minimum of $62.50 and a |
4 | | maximum of
$137.50.
|
5 | | (G) For disposition of the collection of a judgment |
6 | | or settlement of
an action or claim for wrongful death |
7 | | of a decedent or of any cause of
action of a ward, when |
8 | | there is no other administration of the estate, a
|
9 | | minimum of $30 and a maximum of $50,
less any amount |
10 | | paid under subsection (v)(1)(B) or (v)(2)(B) except |
11 | | that if
the amount involved does not exceed $5,000, the |
12 | | fee, including any amount
paid under subsection |
13 | | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
|
14 | | maximum of $20.
|
15 | | (H) For each certified copy of letters of office, |
16 | | of court order or
other certification, a minimum of $1 |
17 | | and a maximum of $2, plus a
minimum of 50 cents and a |
18 | | maximum of $1 per page in excess of 3 pages
for the
|
19 | | document certified.
|
20 | | (I) For each exemplification, a minimum of $1 and a |
21 | | maximum of $2, plus the fee for certification.
|
22 | | (4) The executor, administrator, guardian, petitioner,
|
23 | | or other interested person or his or her attorney shall pay |
24 | | the cost of
publication by the clerk directly to the |
25 | | newspaper.
|
26 | | (5) The person on whose behalf a charge is incurred for |
|
| | 09900SB3162ham003 | - 16 - | LRB099 20679 HEP 49220 a |
|
|
1 | | witness,
court reporter, appraiser, or other miscellaneous |
2 | | fee shall pay the same
directly to the person entitled |
3 | | thereto.
|
4 | | (6) The executor, administrator, guardian, petitioner, |
5 | | or other
interested person or his or her attorney shall pay |
6 | | to the clerk all postage
charges incurred by the clerk in |
7 | | mailing petitions, orders, notices, or
other documents |
8 | | pursuant to the provisions of the Probate Act of 1975.
|
9 | | (w) Criminal and Quasi-Criminal Costs and Fees.
|
10 | | (1) The clerk shall be entitled to costs in all |
11 | | criminal
and quasi-criminal cases from each person |
12 | | convicted or sentenced to
supervision therein as follows:
|
13 | | (A) Felony complaints, a minimum of $40 and a |
14 | | maximum of $100.
|
15 | | (B) Misdemeanor complaints, a minimum of $25 and a |
16 | | maximum of $75.
|
17 | | (C) Business offense complaints, a minimum of $25 |
18 | | and a maximum of
$75.
|
19 | | (D) Petty offense complaints, a minimum of $25 and |
20 | | a maximum of $75.
|
21 | | (E) Minor traffic or ordinance violations, $10.
|
22 | | (F) When court appearance required, $15.
|
23 | | (G) Motions to vacate or amend final orders, a |
24 | | minimum of $20 and a
maximum of $40.
|
25 | | (H) Motions to vacate bond forfeiture orders, a |
26 | | minimum of $20 and
a maximum of $40.
|
|
| | 09900SB3162ham003 | - 17 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (I) Motions to vacate ex parte judgments, whenever |
2 | | filed, a minimum of
$20 and a maximum of $40.
|
3 | | (J) Motions to vacate judgment on forfeitures, |
4 | | whenever filed, a
minimum of $20 and a maximum of $40.
|
5 | | (K) Motions to vacate "failure to appear" or |
6 | | "failure to comply"
notices sent to the Secretary of |
7 | | State, a minimum of $20 and a maximum of
$40.
|
8 | | (2) In counties having a population of not
more
than |
9 | | 500,000 inhabitants, when the violation complaint is
|
10 | | issued by a
municipal police department, the clerk shall be |
11 | | entitled to costs from each
person convicted therein as |
12 | | follows:
|
13 | | (A) Minor traffic or ordinance violations, $10.
|
14 | | (B) When court appearance required, $15.
|
15 | | (3) In ordinance violation cases punishable by fine |
16 | | only, the clerk
of the circuit court shall be entitled to |
17 | | receive, unless the fee is
excused upon a finding by the |
18 | | court that the defendant is indigent, in
addition to other |
19 | | fees or costs allowed or imposed by law, the sum of a
|
20 | | minimum of $62.50 and a maximum of $137.50
as a fee for the |
21 | | services of a jury. The jury fee shall be paid by the
|
22 | | defendant at the time of filing his or her jury demand. If |
23 | | the fee is not
so paid by the defendant, no jury shall be |
24 | | called, and the case shall be
tried by the court without a |
25 | | jury.
|
26 | | (x) Transcripts of Judgment.
|
|
| | 09900SB3162ham003 | - 18 - | LRB099 20679 HEP 49220 a |
|
|
1 | | For the filing of a transcript of judgment, the clerk |
2 | | shall be entitled
to the same fee as if it were the |
3 | | commencement of a new suit.
|
4 | | (y) Change of Venue.
|
5 | | (1) For the filing of a change of case on a change of |
6 | | venue, the clerk
shall be entitled to the same fee as if it |
7 | | were the commencement of a new suit.
|
8 | | (2) The fee for the preparation and certification of a |
9 | | record on a
change of venue to another jurisdiction, when |
10 | | original documents are
forwarded, a minimum of $10 and a |
11 | | maximum of $40.
|
12 | | (z) Tax objection complaints.
|
13 | | For each tax objection complaint containing one or more |
14 | | tax
objections, regardless of the number of parcels |
15 | | involved or the number of
taxpayers joining on the |
16 | | complaint, a minimum of $10 and a maximum of $50.
|
17 | | (aa) Tax Deeds.
|
18 | | (1) Petition for tax deed, if only one parcel is |
19 | | involved, a minimum of
$45 and a maximum of $200.
|
20 | | (2) For each additional parcel, add a fee of a minimum |
21 | | of $10 and a
maximum of $60.
|
22 | | (bb) Collections.
|
23 | | (1) For all collections made of others, except the |
24 | | State and county
and except in maintenance or child support |
25 | | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% |
26 | | of
the amount collected and turned over.
|
|
| | 09900SB3162ham003 | - 19 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (2) Interest earned on any funds held by the clerk |
2 | | shall be turned
over to the county general fund as an |
3 | | earning of the office.
|
4 | | (3) For any check, draft, or other bank instrument |
5 | | returned to the
clerk for non-sufficient funds, account |
6 | | closed, or
payment stopped, $25.
|
7 | | (4) In child support and maintenance cases, the clerk, |
8 | | if authorized by an
ordinance of the county board, may |
9 | | collect an annual fee of up to $36 from
the person making |
10 | | payment for maintaining child support records and the
|
11 | | processing of support orders to the State of Illinois KIDS |
12 | | system and the
recording of payments issued by the State |
13 | | Disbursement Unit for the official
record of the Court. |
14 | | This fee shall be in addition
to and separate from amounts |
15 | | ordered to be paid as maintenance or child
support and |
16 | | shall be deposited into a Separate Maintenance and Child |
17 | | Support
Collection Fund, of which the clerk shall be the |
18 | | custodian, ex-officio, to
be used by the clerk to maintain |
19 | | child support orders and record all payments
issued by the |
20 | | State Disbursement Unit for the official record of the |
21 | | Court.
The clerk may recover from the person making the |
22 | | maintenance or child support
payment any additional cost |
23 | | incurred in the collection of this annual
fee.
|
24 | | The clerk shall also be entitled to a fee of $5 for |
25 | | certifications made
to the Secretary of State as provided |
26 | | in Section 7-703 of the Family
Financial Responsibility Law |
|
| | 09900SB3162ham003 | - 20 - | LRB099 20679 HEP 49220 a |
|
|
1 | | and these fees shall also be deposited into the
Separate |
2 | | Maintenance and Child Support Collection Fund.
|
3 | | (cc) Corrections of Numbers.
|
4 | | For correction of the case number, case
title, or |
5 | | attorney computer identification number, if required by |
6 | | rule of
court, on any document filed in the clerk's office, |
7 | | to be charged against
the party that filed the document, a |
8 | | minimum of $10 and a maximum of $25.
|
9 | | (dd) Exceptions.
|
10 | | (1) The fee requirements of this Section shall not |
11 | | apply to police
departments or other law enforcement |
12 | | agencies. In this Section, "law
enforcement agency" means |
13 | | an agency of the State or a unit of local
government which |
14 | | is vested by law or ordinance with the duty to maintain
|
15 | | public order and to enforce criminal laws or ordinances. |
16 | | "Law enforcement
agency" also means the Attorney General or |
17 | | any state's attorney.
|
18 | | (2) No fee provided herein shall be charged to any unit |
19 | | of local
government or school district.
|
20 | | (3) The fee requirements of this Section shall not |
21 | | apply to any action
instituted under subsection (b) of |
22 | | Section 11-31-1 of the Illinois Municipal
Code by a private |
23 | | owner or tenant of real property within 1200 feet of a
|
24 | | dangerous or unsafe building seeking an order compelling |
25 | | the owner or owners of
the building to take any of the |
26 | | actions authorized under that subsection.
|
|
| | 09900SB3162ham003 | - 21 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (4) The fee requirements of this Section shall not |
2 | | apply to the filing of
any
commitment petition or petition |
3 | | for an order authorizing the administration of |
4 | | psychotropic medication or electroconvulsive therapy
under |
5 | | the Mental Health and
Developmental Disabilities Code.
|
6 | | (ee) Adoptions.
|
7 | | (1) For an adoption ...............................$65
|
8 | | (2) Upon good cause shown, the court may waive the |
9 | | adoption filing fee in
a special needs adoption. The term |
10 | | "special needs adoption" shall have the
meaning ascribed to |
11 | | it by the Illinois Department of Children and Family
|
12 | | Services.
|
13 | | (ff) Adoption exemptions.
|
14 | | No fee other than that set forth in subsection (ee) |
15 | | shall be charged to any
person in connection with an |
16 | | adoption proceeding nor may any fee be charged for
|
17 | | proceedings for the appointment of a confidential |
18 | | intermediary under the
Adoption Act.
|
19 | | (Source: P.A. 99-85, eff. 1-1-16 .)
|
20 | | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
|
21 | | Sec. 27.2. The fees of the clerks of the circuit court in |
22 | | all
counties having a population in excess of 500,000 |
23 | | inhabitants
but less than 3,000,000 inhabitants in the |
24 | | instances described in this Section
shall be as provided in |
25 | | this Section.
In those instances where a minimum and maximum |
|
| | 09900SB3162ham003 | - 22 - | LRB099 20679 HEP 49220 a |
|
|
1 | | fee is stated, counties with
more than 500,000 inhabitants but |
2 | | less than 3,000,000 inhabitants must charge
the minimum fee |
3 | | listed in this Section and may charge up to the maximum fee if
|
4 | | the county board has by resolution increased the fee.
In |
5 | | addition, the minimum fees authorized in this
Section shall |
6 | | apply to all units of local government and school districts
in |
7 | | counties with more than 3,000,000 inhabitants. The fees shall |
8 | | be paid
in advance and shall be as follows:
|
9 | | (a) Civil Cases.
|
10 | | With the following exceptions, the The fee for filing a |
11 | | complaint, petition, or other pleading initiating
a civil |
12 | | action , with the following exceptions, shall be a minimum |
13 | | of $150
and shall be a maximum of $190 through December 31, |
14 | | 2021 and a maximum of $184 on and after January 1, 2022 .
|
15 | | (A) When the amount of money or damages or the |
16 | | value of personal
property claimed does not exceed |
17 | | $250, a minimum of $10 and a maximum of
$15.
|
18 | | (B) When that amount exceeds $250 but does not |
19 | | exceed $1,000, a minimum of $20 and a maximum of $40.
|
20 | | (C) When that amount exceeds $1,000 but does not |
21 | | exceed
$2500, a minimum
of $30 and a maximum of $50.
|
22 | | (D) When that amount exceeds $2500 but does not |
23 | | exceed $5,000, a minimum of $75 and a maximum of $100.
|
24 | | (D-5) When the amount exceeds $5,000 but does not |
25 | | exceed $15,000, a
minimum of $75 and a maximum of $150.
|
26 | | (E) For the exercise of eminent domain, $150. For |
|
| | 09900SB3162ham003 | - 23 - | LRB099 20679 HEP 49220 a |
|
|
1 | | each
additional lot or tract of land or right or |
2 | | interest therein subject to be
condemned, the damages |
3 | | in respect to which shall require separate
assessment |
4 | | by a jury, $150.
|
5 | | (F) No fees shall be charged by the clerk to a |
6 | | petitioner in any
order of
protection including, but |
7 | | not limited to, filing, modifying, withdrawing,
|
8 | | certifying, or
photocopying petitions for orders of |
9 | | protection, or for issuing alias summons,
or for any
|
10 | | related filing service, certifying, modifying, |
11 | | vacating, or
photocopying any
orders of protection.
|
12 | | (b) Forcible Entry and Detainer.
|
13 | | In each forcible entry and detainer case when the |
14 | | plaintiff seeks
possession only or unites with his or her |
15 | | claim for possession of the property
a claim for rent or |
16 | | damages or both in the amount of $15,000 or less, a
minimum |
17 | | of $40 and a maximum of $75.
When the plaintiff unites his |
18 | | or her claim for possession with a claim for
rent or |
19 | | damages or both exceeding $15,000, a minimum of $150 and a
|
20 | | maximum of $225.
|
21 | | (c) Counterclaim or Joining Third Party Defendant.
|
22 | | When any defendant files a counterclaim as part of his |
23 | | or her
answer or otherwise or joins another party as a |
24 | | third party defendant, or
both, the defendant shall pay a |
25 | | fee for each counterclaim or third
party action in an |
26 | | amount equal to the fee he or she would have had to pay
had |
|
| | 09900SB3162ham003 | - 24 - | LRB099 20679 HEP 49220 a |
|
|
1 | | he or she brought a separate action for the relief sought |
2 | | in the
counterclaim or against the third party defendant, |
3 | | less the amount of the
appearance fee, if that has been |
4 | | paid.
|
5 | | (d) Confession of Judgment.
|
6 | | In a confession of judgment when the amount does not |
7 | | exceed $1500, a
minimum of $50 and a maximum of $60. When |
8 | | the amount exceeds
$1500, but does not exceed $5,000, $75.
|
9 | | When the amount exceeds $5,000, but does not exceed
|
10 | | $15,000, $175.
When the amount exceeds $15,000, a minimum |
11 | | of $200 and a maximum of
$250.
|
12 | | (e) Appearance.
|
13 | | The fee for filing an appearance in each civil case |
14 | | shall be a minimum
of $50 and a maximum of $75,
except as |
15 | | follows:
|
16 | | (A) When the plaintiff in a forcible entry and |
17 | | detainer case seeks
possession only, a minimum of $20 |
18 | | and a maximum of $40.
|
19 | | (B) When the amount in the case does not exceed |
20 | | $1500, a minimum of
$20 and a maximum of $40.
|
21 | | (C) When the amount in the case exceeds $1500 but |
22 | | does
not exceed $15,000, a minimum of $40 and a maximum |
23 | | of $60.
|
24 | | (f) Garnishment, Wage Deduction, and Citation.
|
25 | | In garnishment affidavit, wage deduction affidavit, |
26 | | and citation
petition when the amount does not exceed |
|
| | 09900SB3162ham003 | - 25 - | LRB099 20679 HEP 49220 a |
|
|
1 | | $1,000, a minimum of $10 and a
maximum of $15; when the |
2 | | amount
exceeds $1,000 but does not exceed $5,000, a minimum |
3 | | of $20 and a maximum
of $30; and when the amount exceeds
|
4 | | $5,000, a minimum of $30 and a maximum of $50.
|
5 | | (g) Petition to Vacate
or Modify.
|
6 | | (1) Petition to vacate
or modify any final judgment or |
7 | | order of court,
except in forcible entry and detainer cases |
8 | | and small claims cases or a
petition to reopen an estate, |
9 | | to modify, terminate, or enforce a
judgment or order for |
10 | | child or spousal support, or to modify, suspend, or
|
11 | | terminate an order for withholding, if filed before 30 days |
12 | | after the entry
of the judgment or order, a minimum of $40 |
13 | | and a maximum of $50.
|
14 | | (2) Petition to vacate
or modify any final judgment
or |
15 | | order of court, except a petition to modify, terminate, or |
16 | | enforce a
judgment or order for child or spousal support or |
17 | | to modify, suspend, or
terminate an order for withholding, |
18 | | if filed later than 30 days
after the entry of the judgment |
19 | | or order, a minimum of $60 and a maximum
of $75.
|
20 | | (3) Petition to vacate order of bond forfeiture, a |
21 | | minimum of $20
and a maximum of $40.
|
22 | | (h) Mailing.
|
23 | | When the clerk is required to mail, the fee will be a |
24 | | minimum of $6
and a maximum of $10, plus the cost of |
25 | | postage.
|
26 | | (i) Certified Copies.
|
|
| | 09900SB3162ham003 | - 26 - | LRB099 20679 HEP 49220 a |
|
|
1 | | Each certified copy of a judgment after the first, |
2 | | except in small
claims and forcible entry and detainer |
3 | | cases, a minimum of $10 and a
maximum of $15.
|
4 | | (j) Habeas Corpus.
|
5 | | For filing a petition for relief by habeas corpus, a |
6 | | minimum of $80
and a maximum of $125.
|
7 | | (k) Certification, Authentication, and Reproduction.
|
8 | | (1) Each certification or authentication for taking |
9 | | the acknowledgment
of a deed or other instrument in writing |
10 | | with the seal of office, a minimum
of $4 and a maximum of |
11 | | $6.
|
12 | | (2) Court appeals when original documents are |
13 | | forwarded, under 100 pages,
plus delivery and costs, a |
14 | | minimum of $50 and a maximum of $75.
|
15 | | (3) Court appeals when original documents are |
16 | | forwarded, over 100 pages,
plus delivery and costs, a |
17 | | minimum of $120 and a maximum of $150.
|
18 | | (4) Court appeals when original documents are |
19 | | forwarded, over 200
pages, an additional fee of a minimum |
20 | | of 20 and a maximum of 25 cents
per page.
|
21 | | (5) For reproduction of any document contained in the |
22 | | clerk's files:
|
23 | | (A) First page, $2.
|
24 | | (B) Next 19 pages, 50 cents per page.
|
25 | | (C) All remaining pages, 25 cents per page.
|
26 | | (l) Remands.
|
|
| | 09900SB3162ham003 | - 27 - | LRB099 20679 HEP 49220 a |
|
|
1 | | In any cases remanded to the Circuit Court from the |
2 | | Supreme Court
or the Appellate Court for a new trial, the |
3 | | clerk shall file the remanding
order and reinstate the case |
4 | | with either its original number or a new number.
The Clerk |
5 | | shall not
charge any new or additional fee for the |
6 | | reinstatement. Upon reinstatement the
Clerk shall advise |
7 | | the parties of the reinstatement. A party shall have the
|
8 | | same right to a jury trial on remand and reinstatement as |
9 | | he or she had before
the appeal, and no additional or new |
10 | | fee or charge shall be made for a jury
trial after remand.
|
11 | | (m) Record Search.
|
12 | | For each record search, within a division or municipal |
13 | | district, the
clerk shall be entitled to a search fee of a |
14 | | minimum of $4 and a maximum
of $6 for each year searched.
|
15 | | (n) Hard Copy.
|
16 | | For each page of hard copy print output, when case |
17 | | records are
maintained on an automated medium, the clerk |
18 | | shall be entitled to a fee of a
minimum of $4 and a maximum |
19 | | of $6.
|
20 | | (o) Index Inquiry and Other Records.
|
21 | | No fee shall be charged for a single |
22 | | plaintiff/defendant index inquiry
or single case record |
23 | | inquiry when this request is made in person and the
records |
24 | | are maintained in a current automated medium, and when no |
25 | | hard copy
print output is requested. The fees to be charged |
26 | | for management records,
multiple case records, and |
|
| | 09900SB3162ham003 | - 28 - | LRB099 20679 HEP 49220 a |
|
|
1 | | multiple journal records may be specified by the
Chief |
2 | | Judge pursuant to the guidelines for access and |
3 | | dissemination of
information approved by the Supreme |
4 | | Court.
|
5 | | (p) (Blank).
|
6 | | (q) Alias Summons.
|
7 | | For each alias summons or citation issued by the clerk, |
8 | | a minimum of $4
and a maximum of $5.
|
9 | | (r) Other Fees.
|
10 | | Any fees not covered in this Section shall be set by |
11 | | rule or
administrative order of the Circuit Court with the |
12 | | approval of the
Administrative Office of the Illinois |
13 | | Courts.
|
14 | | The clerk of the circuit court may provide additional |
15 | | services for
which there is no fee specified by statute in |
16 | | connection with the operation
of the clerk's office as may |
17 | | be requested by the public and agreed to by
the clerk and |
18 | | approved by the chief judge of the circuit court. Any
|
19 | | charges for additional services shall be as agreed to
|
20 | | between the clerk and the party making the request and |
21 | | approved by the
chief judge of the circuit court. Nothing |
22 | | in this
subsection shall be construed to require any clerk |
23 | | to provide any service
not otherwise required by law.
|
24 | | (s) Jury Services.
|
25 | | The clerk shall be entitled to receive, in
addition to |
26 | | other fees allowed by law, the sum of a minimum of $192.50
|
|
| | 09900SB3162ham003 | - 29 - | LRB099 20679 HEP 49220 a |
|
|
1 | | and a maximum of $212.50, as a fee for the
services of a |
2 | | jury in every civil action not quasi-criminal in its
nature |
3 | | and not a proceeding for the exercise of the right of |
4 | | eminent
domain and in every other action wherein the right |
5 | | of trial by jury
is or may be given by law. The jury fee |
6 | | shall be paid by the party
demanding a jury at the time of |
7 | | filing the jury demand. If the fee is
not paid by either |
8 | | party, no jury shall be called in the action or
proceeding, |
9 | | and the same shall be tried by the court without a jury.
|
10 | | (t) Voluntary Assignment.
|
11 | | For filing each deed of voluntary assignment, a minimum |
12 | | of $10 and a
maximum of $20; for recording
the same, a |
13 | | minimum of 25¢ and a maximum of 50¢ for each 100 words.
|
14 | | Exceptions filed to claims presented
to an assignee of a |
15 | | debtor who has made a voluntary assignment for the
benefit |
16 | | of creditors shall be considered and treated, for the |
17 | | purpose of
taxing costs therein, as actions in which the |
18 | | party or parties filing
the exceptions shall be considered |
19 | | as party or parties plaintiff, and
the claimant or |
20 | | claimants as party or parties defendant, and those
parties |
21 | | respectively shall pay to the clerk the same fees
as |
22 | | provided by this Section to be paid in other actions.
|
23 | | (u) Expungement Petition.
|
24 | | The clerk shall be entitled to receive a
fee of a |
25 | | minimum of $30 and a maximum of $60 for each expungement
|
26 | | petition filed and an additional fee of a minimum of $2 and |
|
| | 09900SB3162ham003 | - 30 - | LRB099 20679 HEP 49220 a |
|
|
1 | | a maximum of
$4 for each certified copy of an order to |
2 | | expunge arrest records.
|
3 | | (v) Probate.
|
4 | | The clerk is entitled to receive the fees specified in |
5 | | this subsection
(v), which shall be paid in advance, except |
6 | | that, for good cause shown, the
court may suspend, reduce, |
7 | | or release the costs payable under this subsection:
|
8 | | (1) For administration of the estate of a decedent |
9 | | (whether testate
or intestate) or of a missing person, a |
10 | | minimum of $100 and a maximum of
$150, plus the fees |
11 | | specified in
subsection (v)(3), except:
|
12 | | (A) When the value of the real and personal |
13 | | property does not exceed
$15,000, the fee shall be a |
14 | | minimum of $25 and a maximum of $40.
|
15 | | (B) When (i) proof of heirship alone is made, (ii) |
16 | | a domestic or
foreign will is admitted to probate |
17 | | without administration (including
proof of heirship), |
18 | | or (iii) letters of office are issued for a particular
|
19 | | purpose without administration of the estate, the fee |
20 | | shall be a minimum of
$25 and a maximum of $40.
|
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.
|
|
| | 09900SB3162ham003 | - 31 - | LRB099 20679 HEP 49220 a |
|
|
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 | | (3) In addition to the fees payable under subsection |
10 | | (v)(1) or (v)(2)
of this Section, the following fees are |
11 | | payable:
|
12 | | (A) For each account (other than one final account) |
13 | | filed in the
estate of a decedent, or ward, a minimum |
14 | | of $15 and a maximum of $25.
|
15 | | (B) For filing a claim in an estate when the amount |
16 | | claimed is $150
or more but less than $500, a minimum |
17 | | of $10 and a maximum of $20; when
the amount claimed is |
18 | | $500 or
more but less than $10,000, a minimum of $25 |
19 | | and a maximum of $40; when
the amount claimed is |
20 | | $10,000 or more, a minimum of $40 and a maximum of
$60; |
21 | | provided that the court in allowing a claim may add to |
22 | | the amount
allowed
the filing fee paid by the claimant.
|
23 | | (C) For filing in an estate a claim, petition, or |
24 | | supplemental
proceeding based upon an action seeking |
25 | | equitable relief including the
construction or contest |
26 | | of a will, enforcement of a contract to make a
will, |
|
| | 09900SB3162ham003 | - 32 - | LRB099 20679 HEP 49220 a |
|
|
1 | | and proceedings involving testamentary trusts or the |
2 | | appointment of
testamentary trustees, a minimum of $40 |
3 | | and a maximum of $60.
|
4 | | (D) For filing in an estate (i) the appearance of |
5 | | any person for the
purpose of consent or (ii) the |
6 | | appearance of an executor, administrator,
|
7 | | administrator to collect, guardian, guardian ad litem, |
8 | | or special
administrator, no fee.
|
9 | | (E) Except as provided in subsection (v)(3)(D), |
10 | | for filing the
appearance of any person or persons, a |
11 | | minimum of $10 and a maximum of
$30.
|
12 | | (F) For each jury demand, a minimum of $102.50 and |
13 | | a maximum of
$137.50.
|
14 | | (G) For disposition of the collection of a judgment |
15 | | or settlement of
an action or claim for wrongful death |
16 | | of a decedent or of any cause of
action of a ward, when |
17 | | there is no other administration
of the estate, a |
18 | | minimum of $30 and a maximum of $50, less any amount
|
19 | | paid under subsection (v)(1)(B)
or (v)(2)(B) except |
20 | | that if the amount involved does not exceed
$5,000, the |
21 | | fee, including any amount paid under subsection |
22 | | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a |
23 | | maximum of $20.
|
24 | | (H) For each certified copy of letters of office, |
25 | | of court order or
other certification, a minimum of $1 |
26 | | and a maximum of $2, plus a
minimum of 50¢ and a |
|
| | 09900SB3162ham003 | - 33 - | LRB099 20679 HEP 49220 a |
|
|
1 | | maximum of $1 per page in excess of 3 pages for the
|
2 | | document certified.
|
3 | | (I) For each exemplification, a minimum of $1 and a |
4 | | maximum of
$2, plus the fee for certification.
|
5 | | (4) The executor, administrator, guardian, petitioner,
|
6 | | or other interested person or his or her attorney shall pay |
7 | | the cost of
publication by the clerk directly to the |
8 | | newspaper.
|
9 | | (5) The person on whose behalf a charge is incurred for |
10 | | witness,
court reporter, appraiser, or other miscellaneous |
11 | | fee shall pay the same
directly to the person entitled |
12 | | thereto.
|
13 | | (6) The executor, administrator, guardian, petitioner,
|
14 | | or other interested person or his attorney shall pay to the |
15 | | clerk all
postage charges incurred by the clerk in mailing |
16 | | petitions, orders,
notices, or other documents pursuant to |
17 | | the provisions of the Probate Act
of 1975.
|
18 | | (w) Criminal and Quasi-Criminal Costs and Fees.
|
19 | | (1) The clerk shall be entitled to costs in all |
20 | | criminal
and quasi-criminal cases from each person |
21 | | convicted or sentenced to
supervision therein as follows:
|
22 | | (A) Felony complaints, a minimum of $80 and a |
23 | | maximum of $125.
|
24 | | (B) Misdemeanor complaints, a minimum of $50 and a |
25 | | maximum of
$75.
|
26 | | (C) Business offense complaints, a minimum of $50 |
|
| | 09900SB3162ham003 | - 34 - | LRB099 20679 HEP 49220 a |
|
|
1 | | and a maximum of
$75.
|
2 | | (D) Petty offense complaints, a minimum of $50 and |
3 | | a maximum of
$75.
|
4 | | (E) Minor traffic or ordinance violations, $20.
|
5 | | (F) When court appearance required, $30.
|
6 | | (G) Motions to vacate or amend final orders, a |
7 | | minimum of $20 and
a maximum of $40.
|
8 | | (H) Motions to vacate bond forfeiture orders, a |
9 | | minimum of $20 and
a maximum of $30.
|
10 | | (I) Motions to vacate ex parte judgments, whenever |
11 | | filed, a minimum
of $20 and a maximum of $30.
|
12 | | (J) Motions to vacate judgment on forfeitures, |
13 | | whenever filed, a
minimum of $20 and a maximum of $25.
|
14 | | (K) Motions to vacate "failure to appear" or |
15 | | "failure to comply"
notices sent to the Secretary of |
16 | | State, a minimum of $20 and a maximum of
$40.
|
17 | | (2) In counties having a population of more than |
18 | | 500,000
but fewer
than 3,000,000 inhabitants, when the |
19 | | violation complaint is issued by a
municipal police |
20 | | department, the clerk shall be entitled to costs from each
|
21 | | person convicted therein as follows:
|
22 | | (A) Minor traffic or ordinance violations, $10.
|
23 | | (B) When court appearance required, $15.
|
24 | | (3) In ordinance violation cases punishable by fine |
25 | | only, the clerk
of the circuit court shall be entitled to |
26 | | receive, unless the fee is
excused upon a finding by the |
|
| | 09900SB3162ham003 | - 35 - | LRB099 20679 HEP 49220 a |
|
|
1 | | court that the defendant is indigent, in
addition to other |
2 | | fees or costs allowed or imposed by law, the sum of a
|
3 | | minimum of $50 and a maximum of $112.50
as a fee for the |
4 | | services of a jury. The jury fee shall be paid by the
|
5 | | defendant at the time of filing his or her jury demand. If |
6 | | the fee is not
so paid by the defendant, no jury shall be |
7 | | called, and the case shall be
tried by the court without a |
8 | | jury.
|
9 | | (x) Transcripts of Judgment.
|
10 | | For the filing of a transcript of judgment, the clerk |
11 | | shall be entitled
to the same fee as if it were the |
12 | | commencement of new suit.
|
13 | | (y) Change of Venue.
|
14 | | (1) For the filing of a change of case on a change of |
15 | | venue, the clerk
shall be entitled to the same fee as if it |
16 | | were the commencement of a new suit.
|
17 | | (2) The fee for the preparation and certification of a |
18 | | record on a
change of venue to another jurisdiction, when |
19 | | original documents are
forwarded, a minimum of $25 and a |
20 | | maximum of $40.
|
21 | | (z) Tax objection complaints.
|
22 | | For each tax objection complaint containing one or more |
23 | | tax
objections, regardless of the number of parcels |
24 | | involved
or the number of taxpayers joining in the |
25 | | complaint, a minimum of $25
and a maximum of $50.
|
26 | | (aa) Tax Deeds.
|
|
| | 09900SB3162ham003 | - 36 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (1) Petition for tax deed, if only one parcel is |
2 | | involved, a minimum
of $150 and a maximum of $250.
|
3 | | (2) For each additional parcel, add a fee of a minimum |
4 | | of $50 and a
maximum of $100.
|
5 | | (bb) Collections.
|
6 | | (1) For all collections made of others, except the |
7 | | State and county
and except in maintenance or child support |
8 | | cases, a sum equal to a minimum
of 2.5% and a maximum of |
9 | | 3.0% of the amount collected and turned over.
|
10 | | (2) Interest earned on any funds held by the clerk |
11 | | shall be turned
over to the county general fund as an |
12 | | earning of the office.
|
13 | | (3) For any check, draft, or other bank instrument |
14 | | returned to the clerk
for non-sufficient funds, account |
15 | | closed, or payment stopped, $25.
|
16 | | (4) In child support and maintenance cases, the clerk, |
17 | | if authorized by an
ordinance of the county board, may |
18 | | collect an annual fee of up to $36 from
the person making |
19 | | payment for maintaining child support records and the
|
20 | | processing of support orders to the State of Illinois KIDS |
21 | | system and the
recording of payments issued by the State |
22 | | Disbursement Unit for the official
record of the Court.
|
23 | | This fee shall be in addition
to and separate from amounts |
24 | | ordered to be paid as maintenance or child
support and |
25 | | shall be deposited into a Separate Maintenance and Child |
26 | | Support
Collection Fund, of which the clerk shall be the |
|
| | 09900SB3162ham003 | - 37 - | LRB099 20679 HEP 49220 a |
|
|
1 | | custodian, ex-officio, to
be used by the clerk to maintain |
2 | | child support orders and record all payments
issued by the |
3 | | State Disbursement Unit for the official record of the |
4 | | Court.
The clerk may recover from the person making the |
5 | | maintenance or child support
payment any additional cost |
6 | | incurred in the collection of this annual
fee.
|
7 | | The clerk shall also be entitled to a fee of $5 for |
8 | | certifications made
to the Secretary of State as provided |
9 | | in Section 7-703 of the Family Financial
Responsibility Law |
10 | | and these fees shall also be deposited into the Separate
|
11 | | Maintenance and Child Support Collection Fund.
|
12 | | (cc) Corrections of Numbers.
|
13 | | For correction of the case number, case title, or |
14 | | attorney computer
identification number, if required by |
15 | | rule of court, on any document filed
in the clerk's office, |
16 | | to be charged against the party that filed the
document, a |
17 | | minimum of $15 and a maximum of $25.
|
18 | | (dd) Exceptions.
|
19 | | The fee requirements of this Section shall not apply to |
20 | | police
departments or other law enforcement agencies. In |
21 | | this Section, "law
enforcement agency" means an agency of |
22 | | the State or a unit of local
government which is vested by |
23 | | law or ordinance with the duty to maintain
public order and |
24 | | to enforce criminal laws or ordinances. "Law enforcement
|
25 | | agency" also means the Attorney General or any state's |
26 | | attorney.
The fee requirements of this Section shall not |
|
| | 09900SB3162ham003 | - 38 - | LRB099 20679 HEP 49220 a |
|
|
1 | | apply to any action instituted
under subsection (b) of |
2 | | Section 11-31-1 of the Illinois Municipal Code by a
private |
3 | | owner or tenant of real property within 1200 feet of a |
4 | | dangerous or
unsafe building seeking an order compelling |
5 | | the owner or owners of the building
to take any of the |
6 | | actions authorized under that subsection.
|
7 | | The fee requirements of this Section shall not apply to |
8 | | the filing of any
commitment petition or petition for an |
9 | | order authorizing the administration of psychotropic |
10 | | medication or electroconvulsive therapy under the Mental |
11 | | Health and
Developmental Disabilities Code.
|
12 | | (ee) Adoptions.
|
13 | | (1) For an adoption ...............................$65
|
14 | | (2) Upon good cause shown, the court may waive the |
15 | | adoption filing fee in
a special needs adoption. The term |
16 | | "special needs adoption" shall have the
meaning ascribed to |
17 | | it by the Illinois Department of Children and Family
|
18 | | Services.
|
19 | | (ff) Adoption exemptions.
|
20 | | No fee other than that set forth in subsection (ee) |
21 | | shall be charged to any
person in connection with an |
22 | | adoption proceeding
nor may any fee be charged
for |
23 | | proceedings for the
appointment of a confidential |
24 | | intermediary under the Adoption Act.
|
25 | | (gg) Unpaid fees.
|
26 | | Unless a court ordered payment schedule is implemented |
|
| | 09900SB3162ham003 | - 39 - | LRB099 20679 HEP 49220 a |
|
|
1 | | or the fee
requirements of this Section are waived pursuant |
2 | | to court order, the clerk of
the court may add to any |
3 | | unpaid fees and costs under this Section a delinquency
|
4 | | amount equal to 5% of the unpaid fees that remain unpaid |
5 | | after 30 days, 10% of
the unpaid fees that remain unpaid |
6 | | after 60 days, and 15% of the unpaid fees
that remain |
7 | | unpaid after 90 days. Notice to those parties may be made |
8 | | by
signage posting or publication. The additional |
9 | | delinquency amounts collected under this Section shall
be |
10 | | used to defray additional administrative costs incurred by |
11 | | the clerk of the
circuit court in collecting unpaid fees |
12 | | and costs.
|
13 | | (Source: P.A. 95-172, eff. 8-14-07.)
|
14 | | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
|
15 | | Sec. 27.2a. The fees of the clerks of the circuit court in |
16 | | all
counties having a population of 3,000,000 or more |
17 | | inhabitants in the
instances described in this Section shall be |
18 | | as provided in this
Section. In those instances where a minimum |
19 | | and maximum fee is stated, the
clerk of the circuit court must |
20 | | charge the minimum fee listed
and may charge up to the maximum |
21 | | fee if the county board has by resolution
increased the fee. |
22 | | The fees shall be paid in advance and shall be as follows:
|
23 | | (a) Civil Cases.
|
24 | | With the following exceptions, the The fee for filing a |
25 | | complaint, petition, or other pleading
initiating a civil |
|
| | 09900SB3162ham003 | - 40 - | LRB099 20679 HEP 49220 a |
|
|
1 | | action , with the following exceptions, shall be a minimum
|
2 | | of $190 and shall be a maximum of $240 through December 31, |
3 | | 2021 and a maximum of $234 on and after January 1, 2022 .
|
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 $15 and a maximum of
$22.
|
7 | | (B) When that amount exceeds $250 but does not |
8 | | exceed $1000, a minimum
of $40 and a maximum of $75.
|
9 | | (C) When that amount exceeds $1000 but does not |
10 | | exceed $2500, a
minimum of $50 and a maximum of $80.
|
11 | | (D) When that amount exceeds $2500 but does not |
12 | | exceed $5000, a
minimum of $100 and a maximum of $130.
|
13 | | (E) When that amount exceeds $5000 but does not |
14 | | exceed $15,000, $150.
|
15 | | (F) 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 | | (G) For the final determination of parking, |
21 | | standing, and compliance
violations and final |
22 | | administrative decisions issued after hearings |
23 | | regarding
vehicle immobilization and impoundment made |
24 | | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of |
25 | | the Illinois Vehicle Code, $25.
|
26 | | (H) No fees shall be charged by the clerk to a |
|
| | 09900SB3162ham003 | - 41 - | LRB099 20679 HEP 49220 a |
|
|
1 | | petitioner in any
order
of
protection including, but |
2 | | not limited to, filing, modifying, withdrawing,
|
3 | | certifying, or
photocopying petitions for orders of |
4 | | protection, or for issuing alias summons,
or for any
|
5 | | related filing service, certifying, modifying, |
6 | | vacating, or
photocopying any
orders of protection.
|
7 | | (b) Forcible Entry and Detainer.
|
8 | | In each forcible entry and detainer case when the |
9 | | plaintiff seeks
possession only or unites with his or her |
10 | | claim for possession of the property
a claim for rent or |
11 | | damages or both in the amount of $15,000 or less, a
minimum |
12 | | of $75 and a maximum of $140.
When the plaintiff unites his |
13 | | or her claim for possession with a claim for
rent or |
14 | | damages or both exceeding $15,000, a minimum of $225 and a
|
15 | | maximum of
$335.
|
16 | | (c) Counterclaim or Joining Third Party Defendant.
|
17 | | When any defendant files a counterclaim as part of his |
18 | | or her answer or
otherwise or joins another party as a |
19 | | third party defendant, or both, the
defendant shall pay a |
20 | | fee for each counterclaim or third party action in an
|
21 | | amount equal to the fee he or she would have had to pay had |
22 | | he or she
brought a separate action for the relief sought |
23 | | in the counterclaim or
against the third party defendant, |
24 | | less the amount of the appearance fee,
if that has been |
25 | | paid.
|
26 | | (d) Confession of Judgment.
|
|
| | 09900SB3162ham003 | - 42 - | LRB099 20679 HEP 49220 a |
|
|
1 | | In a confession of judgment when the amount does not |
2 | | exceed $1500, a
minimum of $60 and a maximum of $70.
When |
3 | | the amount exceeds $1500, but does not exceed $5000, a |
4 | | minimum of $75
and a maximum of $150.
When the
amount |
5 | | exceeds $5000, but does not exceed $15,000, a minimum of |
6 | | $175 and
a
maximum of $260. When the
amount
exceeds |
7 | | $15,000, a minimum of $250 and a maximum of $310.
|
8 | | (e) Appearance.
|
9 | | The fee for filing an appearance in each civil case |
10 | | shall be a minimum
of
$75 and a maximum of $110,
except as |
11 | | follows:
|
12 | | (A) When the plaintiff in a forcible entry and |
13 | | detainer case seeks
possession only, a minimum of $40 |
14 | | and a maximum of $80.
|
15 | | (B) When the amount in the case does not exceed |
16 | | $1500, a minimum of
$40 and a maximum of $80.
|
17 | | (C) When that amount exceeds $1500 but does not |
18 | | exceed $15,000, a
minimum of $60 and a maximum of $90.
|
19 | | (f) Garnishment, Wage Deduction, and Citation.
|
20 | | In garnishment affidavit, wage deduction affidavit, |
21 | | and citation
petition when the amount does not exceed |
22 | | $1,000, a minimum of $15 and a
maximum of $25; when the
|
23 | | amount
exceeds $1,000 but does not exceed $5,000, a minimum |
24 | | of $30 and a maximum
of
$45; and when the amount
exceeds
|
25 | | $5,000, a minimum of $50 and a maximum of $80.
|
26 | | (g) Petition to Vacate
or Modify.
|
|
| | 09900SB3162ham003 | - 43 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (1) Petition to vacate
or modify any final judgment or |
2 | | order of court,
except in forcible entry and detainer cases |
3 | | and small claims cases or a
petition to reopen an estate, |
4 | | to modify, terminate, or enforce a
judgment or order for |
5 | | child or spousal support, or to modify, suspend, or
|
6 | | terminate an order for withholding, if filed before 30 days |
7 | | after the entry
of the judgment or order, a minimum of $50 |
8 | | and a maximum of $60.
|
9 | | (2) Petition to vacate
or modify any final judgment
or |
10 | | order of court, except a petition to modify, terminate, or |
11 | | enforce a
judgment or order for child or spousal support or |
12 | | to modify, suspend, or
terminate an order for withholding, |
13 | | if filed later than 30 days
after the entry of the judgment |
14 | | or order, a minimum of $75 and a maximum
of
$90.
|
15 | | (3) Petition to vacate order of bond forfeiture, a |
16 | | minimum of $40
and a
maximum of $80.
|
17 | | (h) Mailing.
|
18 | | When the clerk is required to mail, the fee will be a |
19 | | minimum of $10
and
a maximum of $15,
plus the cost of |
20 | | postage.
|
21 | | (i) Certified Copies.
|
22 | | Each certified copy of a judgment after the first, |
23 | | except in small
claims and forcible entry and detainer |
24 | | cases, a minimum of $15 and a
maximum
of $20.
|
25 | | (j) Habeas Corpus.
|
26 | | For filing a petition for relief by habeas corpus, a |
|
| | 09900SB3162ham003 | - 44 - | LRB099 20679 HEP 49220 a |
|
|
1 | | minimum of $125
and
a maximum of $190.
|
2 | | (k) Certification, Authentication, and Reproduction.
|
3 | | (1) Each certification or authentication for taking |
4 | | the acknowledgment
of a deed or other instrument in writing |
5 | | with the seal of office, a minimum
of $6 and a maximum of |
6 | | $9.
|
7 | | (2) Court appeals when original documents are |
8 | | forwarded, under 100 pages,
plus delivery and costs, a |
9 | | minimum of $75 and a maximum of $110.
|
10 | | (3) Court appeals when original documents are |
11 | | forwarded, over 100 pages,
plus delivery and costs, a |
12 | | minimum of $150 and a maximum of $185.
|
13 | | (4) Court appeals when original documents are |
14 | | forwarded, over 200
pages, an additional fee of a minimum |
15 | | of 25 and a maximum of 30 cents
per
page.
|
16 | | (5) For reproduction of any document contained in the |
17 | | clerk's files:
|
18 | | (A) First page, $2.
|
19 | | (B) Next 19 pages, 50 cents per page.
|
20 | | (C) All remaining pages, 25 cents per page.
|
21 | | (l) Remands.
|
22 | | In any cases remanded to the Circuit Court from the |
23 | | Supreme Court
or the Appellate Court for a new trial, the |
24 | | clerk shall file the
remanding order and reinstate the case |
25 | | with either its original number or a new
number. The Clerk
|
26 | | shall not charge any new or additional fee for the |
|
| | 09900SB3162ham003 | - 45 - | LRB099 20679 HEP 49220 a |
|
|
1 | | reinstatement. Upon
reinstatement the Clerk shall advise |
2 | | the parties of the reinstatement. A
party shall have the |
3 | | same right to a jury trial on remand and reinstatement
as |
4 | | he or she had before the appeal, and no additional or new |
5 | | fee or charge
shall be made for a jury trial after remand.
|
6 | | (m) Record Search.
|
7 | | For each record search, within a division or municipal |
8 | | district, the
clerk shall be entitled to a search fee of a |
9 | | minimum of $6 and a maximum
of
$9 for each year
searched.
|
10 | | (n) Hard Copy.
|
11 | | For each page of hard copy print output, when case |
12 | | records are
maintained on an automated medium, the clerk |
13 | | shall be entitled to a fee of
a minimum of $6 and a maximum |
14 | | of $9.
|
15 | | (o) Index Inquiry and Other Records.
|
16 | | No fee shall be charged for a single |
17 | | plaintiff/defendant index inquiry
or single case record |
18 | | inquiry when this request is made in person and the
records |
19 | | are maintained in a current automated medium, and when no |
20 | | hard copy
print output is requested. The fees to be charged |
21 | | for management records,
multiple case records, and |
22 | | multiple journal records may be specified by the
Chief |
23 | | Judge pursuant to the guidelines for access and |
24 | | dissemination of
information approved by the Supreme |
25 | | Court.
|
26 | | (p) (Blank).
|
|
| | 09900SB3162ham003 | - 46 - | LRB099 20679 HEP 49220 a |
|
|
1 | | (q) Alias Summons.
|
2 | | For each alias summons or citation issued by the clerk, |
3 | | a minimum of $5
and a maximum of $6.
|
4 | | (r) Other Fees.
|
5 | | Any fees not covered in this Section shall be set by |
6 | | rule or
administrative order of the Circuit Court with the |
7 | | approval of the
Administrative Office of the Illinois |
8 | | Courts.
|
9 | | The clerk of the circuit court may provide additional |
10 | | services for
which there is no fee specified by statute in |
11 | | connection with the operation
of the clerk's office as may |
12 | | be requested by the public and agreed to by
the clerk and |
13 | | approved by the chief judge of the circuit court. Any
|
14 | | charges for additional services shall be as agreed to
|
15 | | between the clerk and the party making the request and |
16 | | approved by the
chief judge of the circuit court. Nothing |
17 | | in this
subsection shall be construed to require any clerk |
18 | | to provide any service
not otherwise required by law.
|
19 | | (s) Jury Services.
|
20 | | The clerk shall be entitled to receive, in
addition to |
21 | | other fees allowed by law, the sum of a minimum of $212.50
|
22 | | and
maximum of $230, as a
fee for the
services of a jury in |
23 | | every civil action not quasi-criminal in its
nature and not |
24 | | a proceeding for the exercise of the right of eminent
|
25 | | domain and in every other action wherein the right of trial |
26 | | by jury
is or may be given by law. The jury fee shall be |
|
| | 09900SB3162ham003 | - 47 - | LRB099 20679 HEP 49220 a |
|
|
1 | | paid by the party
demanding a jury at the time of filing |
2 | | the jury demand. If the fee is
not paid by either party, no |
3 | | jury shall be called in the action or
proceeding, and the |
4 | | same shall be tried by the court without a jury.
|
5 | | (t) Voluntary Assignment.
|
6 | | For filing each deed of voluntary assignment, a minimum |
7 | | of $20 and a
maximum of $40; for
recording
the same, a |
8 | | minimum of 50¢ and a maximum of $0.80 for each 100 words.
|
9 | | Exceptions filed to claims
presented
to an assignee of a |
10 | | debtor who has made a voluntary assignment for the
benefit |
11 | | of creditors shall be considered and treated, for the |
12 | | purpose of
taxing costs therein, as actions in which the |
13 | | party or parties filing
the exceptions shall be considered |
14 | | as party or parties plaintiff, and
the claimant or |
15 | | claimants as party or parties defendant, and those
parties |
16 | | respectively shall pay to the clerk the same fees
as |
17 | | provided by this Section to be paid in other actions.
|
18 | | (u) Expungement Petition.
|
19 | | The clerk shall be entitled to receive a fee of a |
20 | | minimum of $60 and
a
maximum of $120 for each
expungement |
21 | | petition filed and an additional fee of a minimum of $4 and |
22 | | a
maximum of $8 for each
certified
copy of an order to |
23 | | expunge arrest records.
|
24 | | (v) Probate.
|
25 | | The clerk is entitled to receive the fees
specified in |
26 | | this subsection (v), which shall be paid in advance,
except |
|
| | 09900SB3162ham003 | - 48 - | LRB099 20679 HEP 49220 a |
|
|
1 | | that, for good cause shown, the court may suspend, reduce, |
2 | | or
release the costs payable under this subsection:
|
3 | | (1) For administration of the estate of a decedent |
4 | | (whether testate
or intestate) or of a missing person, a |
5 | | minimum of $150 and a maximum of
$225, plus the fees
|
6 | | specified in
subsection (v)(3), except:
|
7 | | (A) When the value of the real and personal |
8 | | property does not exceed
$15,000, the fee shall be a |
9 | | minimum of $40 and a maximum of $65.
|
10 | | (B) When (i) proof of heirship alone is made, (ii) |
11 | | a domestic or
foreign will is admitted to probate |
12 | | without administration (including
proof of heirship), |
13 | | or (iii) letters of office are issued for a particular
|
14 | | purpose without administration of the estate, the fee |
15 | | shall be a minimum of
$40 and a maximum of $65.
|
16 | | (2) For administration of the estate of a ward, a |
17 | | minimum of $75 and
a
maximum of $110,
plus the fees |
18 | | specified in subsection (v)(3), except:
|
19 | | (A) When the value of the real and personal |
20 | | property does not exceed
$15,000, the fee shall be a |
21 | | minimum of $40 and a maximum of $65.
|
22 | | (B) When (i) letters of office are issued to a |
23 | | guardian of the person
or persons,
but not of the |
24 | | estate or (ii) letters of office are issued in the |
25 | | estate of
a ward without administration of the estate, |
26 | | including filing or joining in
the filing of a tax |
|
| | 09900SB3162ham003 | - 49 - | LRB099 20679 HEP 49220 a |
|
|
1 | | return or releasing a mortgage or consenting to the
|
2 | | marriage of the ward, the fee shall be a minimum of $20 |
3 | | and a maximum of
$40.
|
4 | | (3) In addition to the fees payable under subsection |
5 | | (v)(1) or
(v)(2) of this Section, the following fees are |
6 | | payable:
|
7 | | (A) For each account (other than one final account) |
8 | | filed in the
estate of a decedent, or ward, a minimum |
9 | | of $25 and a maximum of $40.
|
10 | | (B) For filing a claim in an estate when the amount |
11 | | claimed is $150
or more but less than $500, a minimum |
12 | | of $20 and a maximum of $40; when
the
amount claimed is |
13 | | $500 or
more but less than $10,000, a minimum of $40 |
14 | | and a maximum of $65; when
the
amount claimed is |
15 | | $10,000
or more,
a minimum of $60 and a maximum of $90; |
16 | | provided that the court in
allowing
a claim may add to |
17 | | the
amount allowed
the filing fee paid by the claimant.
|
18 | | (C) For filing in an estate a claim, petition, or |
19 | | supplemental
proceeding based upon an action seeking |
20 | | equitable relief including the
construction or contest |
21 | | of a will, enforcement of a contract to make a
will, |
22 | | and proceedings involving testamentary trusts or the |
23 | | appointment of
testamentary trustees, a minimum of $60 |
24 | | and a maximum of $90.
|
25 | | (D) For filing in an estate (i) the appearance of |
26 | | any person for the
purpose of consent or (ii) the |
|
| | 09900SB3162ham003 | - 50 - | LRB099 20679 HEP 49220 a |
|
|
1 | | appearance of an executor, administrator,
|
2 | | administrator to collect, guardian, guardian ad litem, |
3 | | or special
administrator, no fee.
|
4 | | (E) Except as provided in subsection (v)(3)(D), |
5 | | for filing the
appearance of any person or persons, a |
6 | | minimum of $30 and a maximum of
$90.
|
7 | | (F) For each jury demand, a minimum of $137.50 and |
8 | | a maximum of
$180.
|
9 | | (G) For disposition of the collection of a judgment |
10 | | or settlement of
an action or claim for wrongful death |
11 | | of a decedent or of any cause of
action of a ward, when |
12 | | there is no other administration
of the estate, a |
13 | | minimum of $50 and a maximum of $80, less any amount
|
14 | | paid
under subsection (v)(1)(B)
or (v)(2)(B) except |
15 | | that if the amount involved does not exceed
$5,000, the |
16 | | fee, including any amount paid under subsection
|
17 | | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a |
18 | | maximum of $40.
|
19 | | (H) For each certified copy of letters of office, |
20 | | of court order or
other certification, a minimum of $2 |
21 | | and a maximum of $4, plus $1 per
page
in excess
of 3 |
22 | | pages for the document certified.
|
23 | | (I) For each exemplification, $2, plus the fee for |
24 | | certification.
|
25 | | (4) The executor, administrator, guardian, petitioner,
|
26 | | or other interested person or his or her attorney shall pay |
|
| | 09900SB3162ham003 | - 51 - | LRB099 20679 HEP 49220 a |
|
|
1 | | the cost of
publication by the clerk directly to the |
2 | | newspaper.
|
3 | | (5) The person on whose behalf a charge is incurred for |
4 | | witness,
court reporter, appraiser, or other miscellaneous |
5 | | fee shall pay the same
directly to the person entitled |
6 | | thereto.
|
7 | | (6) The executor, administrator, guardian, petitioner, |
8 | | or other
interested person or his or her attorney shall pay |
9 | | to the clerk all postage
charges incurred by the clerk in |
10 | | mailing petitions, orders, notices, or
other documents |
11 | | pursuant to the provisions of the Probate Act of 1975.
|
12 | | (w) Criminal and Quasi-Criminal Costs and Fees.
|
13 | | (1) The clerk shall be entitled to costs in all |
14 | | criminal
and quasi-criminal cases from each person |
15 | | convicted or sentenced to
supervision therein as follows:
|
16 | | (A) Felony complaints, a minimum of $125 and a |
17 | | maximum of $190.
|
18 | | (B) Misdemeanor complaints, a minimum of $75 and a |
19 | | maximum of
$110.
|
20 | | (C) Business offense complaints, a minimum of $75 |
21 | | and a maximum of
$110.
|
22 | | (D) Petty offense complaints, a minimum of $75 and |
23 | | a maximum of
$110.
|
24 | | (E) Minor traffic or ordinance violations, $30.
|
25 | | (F) When court appearance required, $50.
|
26 | | (G) Motions to vacate or amend final orders, a |
|
| | 09900SB3162ham003 | - 52 - | LRB099 20679 HEP 49220 a |
|
|
1 | | minimum of $40 and
a
maximum of $80.
|
2 | | (H) Motions to vacate bond forfeiture orders, a |
3 | | minimum of $30 and
a
maximum of $45.
|
4 | | (I) Motions to vacate ex parte judgments, whenever |
5 | | filed, a minimum
of
$30 and a maximum of $45.
|
6 | | (J) Motions to vacate judgment on forfeitures, |
7 | | whenever filed, a
minimum of $25 and a maximum of $30.
|
8 | | (K) Motions to vacate "failure to appear" or |
9 | | "failure to comply"
notices sent to the Secretary of |
10 | | State, a minimum of $40 and a maximum of
$50.
|
11 | | (2) In counties having a population of 3,000,000 or |
12 | | more,
when the violation complaint is issued by a municipal
|
13 | | police department, the clerk shall be entitled to costs |
14 | | from each person
convicted therein as follows:
|
15 | | (A) Minor traffic or ordinance violations, $30.
|
16 | | (B) When court appearance required, $50.
|
17 | | (3) In ordinance violation cases punishable by fine |
18 | | only, the clerk
of the circuit court shall be entitled to |
19 | | receive, unless the fee is
excused upon a finding by the |
20 | | court that the defendant is indigent, in
addition to other |
21 | | fees or costs allowed or imposed by law, the sum of a
|
22 | | minimum of
$112.50 and a maximum of $250
as a fee for the |
23 | | services of a jury. The jury fee shall be paid by the
|
24 | | defendant at the time of filing his or her jury demand. If |
25 | | the fee is not
so paid by the defendant, no jury shall be |
26 | | called, and the case shall be
tried by the court without a |
|
| | 09900SB3162ham003 | - 53 - | LRB099 20679 HEP 49220 a |
|
|
1 | | jury.
|
2 | | (x) Transcripts of Judgment.
|
3 | | For the filing of a transcript of judgment, the clerk |
4 | | shall be entitled
to the same fee as if it were the |
5 | | commencement of a new suit.
|
6 | | (y) Change of Venue.
|
7 | | (1) For the filing of a change of case on a change of |
8 | | venue, the clerk
shall be entitled to the same fee as if it |
9 | | were the commencement of a new suit.
|
10 | | (2) The fee for the preparation and certification of a |
11 | | record on a
change of venue to another jurisdiction, when |
12 | | original documents are
forwarded, a minimum of $40 and a |
13 | | maximum of $65.
|
14 | | (z) Tax objection complaints.
|
15 | | For each tax objection complaint containing one or more |
16 | | tax
objections, regardless of the number of parcels |
17 | | involved or the number of
taxpayers joining in the |
18 | | complaint, a minimum of $50 and a maximum of
$100.
|
19 | | (aa) Tax Deeds.
|
20 | | (1) Petition for tax deed, if only one parcel is |
21 | | involved, a minimum
of
$250 and a maximum of $400.
|
22 | | (2) For each additional parcel, add a fee of a minimum |
23 | | of $100 and a
maximum of $200.
|
24 | | (bb) Collections.
|
25 | | (1) For all collections made of others, except the |
26 | | State and county
and except in maintenance or child support |
|
| | 09900SB3162ham003 | - 54 - | LRB099 20679 HEP 49220 a |
|
|
1 | | cases, a sum equal to 3.0% of
the amount collected and |
2 | | turned over.
|
3 | | (2) Interest earned on any funds held by the clerk |
4 | | shall be turned
over to the county general fund as an |
5 | | earning of the office.
|
6 | | (3) For any check, draft, or other bank instrument |
7 | | returned to the
clerk for non-sufficient funds, account |
8 | | closed, or payment stopped, $25.
|
9 | | (4) In child support and maintenance cases, the clerk, |
10 | | if authorized by an
ordinance of the county board, may |
11 | | collect an annual fee of up to $36 from
the person making |
12 | | payment for maintaining child support records and the
|
13 | | processing of support orders to the State of Illinois KIDS |
14 | | system and the
recording of payments issued by the State |
15 | | Disbursement Unit for the official
record of the Court. |
16 | | This fee shall be in addition
to and separate from amounts |
17 | | ordered to be paid as maintenance or child
support and |
18 | | shall be deposited into a Separate Maintenance and Child |
19 | | Support
Collection Fund, of which the clerk shall be the |
20 | | custodian, ex-officio, to
be used by the clerk to maintain |
21 | | child support orders and record all payments
issued by the |
22 | | State Disbursement Unit for the official record of the |
23 | | Court.
The clerk may recover from the person making the |
24 | | maintenance or child
support payment any additional cost |
25 | | incurred in the collection of this annual
fee.
|
26 | | The clerk shall also be entitled to a fee of $5 for |
|
| | 09900SB3162ham003 | - 55 - | LRB099 20679 HEP 49220 a |
|
|
1 | | certifications made
to the Secretary of State as provided |
2 | | in Section 7-703 of the Family
Financial Responsibility Law |
3 | | and these fees shall also be deposited into the
Separate |
4 | | Maintenance and Child Support Collection Fund.
|
5 | | (cc) Corrections of Numbers.
|
6 | | For correction of the case number, case title, or |
7 | | attorney computer
identification number, if required by |
8 | | rule of court, on any document filed
in the clerk's office, |
9 | | to be charged against the party that filed the document,
a |
10 | | minimum of $25 and a maximum of $40.
|
11 | | (dd) Exceptions.
|
12 | | (1) The fee requirements of this Section shall not |
13 | | apply to police
departments or other law enforcement |
14 | | agencies. In this Section, "law
enforcement agency" means |
15 | | an agency of the State or a unit of local
government which |
16 | | is vested by law or ordinance with the duty to maintain
|
17 | | public order and to enforce criminal laws or ordinances. |
18 | | "Law enforcement
agency" also means the Attorney General or |
19 | | any state's attorney.
|
20 | | (2) No fee provided herein shall be charged to any unit |
21 | | of
local government or school district.
The fee |
22 | | requirements of this Section shall not apply to any action |
23 | | instituted
under subsection (b) of Section 11-31-1 of the |
24 | | Illinois Municipal Code by a
private owner or tenant of |
25 | | real property within 1200 feet of a dangerous or
unsafe |
26 | | building seeking an order compelling the owner or owners of |
|
| | 09900SB3162ham003 | - 56 - | LRB099 20679 HEP 49220 a |
|
|
1 | | the building
to take any of the actions authorized under |
2 | | that subsection.
|
3 | | (3) The fee requirements of this Section shall not |
4 | | apply to the filing
of any
commitment petition or petition |
5 | | for an order authorizing the administration of |
6 | | psychotropic medication or electroconvulsive therapy
under |
7 | | the Mental Health and
Developmental Disabilities Code.
|
8 | | (ee) Adoption.
|
9 | | (1) For an adoption ...............................$65
|
10 | | (2) Upon good cause shown, the court may waive the |
11 | | adoption filing fee
in a special needs adoption. The term |
12 | | "special needs adoption" shall have
the meaning ascribed to |
13 | | it by the Illinois Department of Children and Family
|
14 | | Services.
|
15 | | (ff) Adoption exemptions.
|
16 | | No fee other than that set forth in subsection (ee) |
17 | | shall be charged to
any person in connection with an |
18 | | adoption proceeding
nor may any fee be
charged for |
19 | | proceedings for
the appointment of a confidential |
20 | | intermediary under the Adoption Act.
|
21 | | (gg) Unpaid fees.
|
22 | | Unless a court ordered payment schedule is implemented |
23 | | or the fee
requirements of this Section are waived pursuant |
24 | | to court order, the clerk of
the court may add to any |
25 | | unpaid fees and costs under this Section a delinquency
|
26 | | amount equal to 5% of the unpaid fees that remain unpaid |
|
| | 09900SB3162ham003 | - 57 - | LRB099 20679 HEP 49220 a |
|
|
1 | | after 30 days, 10% of
the unpaid fees that remain unpaid |
2 | | after 60 days, and 15% of the unpaid fees
that remain |
3 | | unpaid after 90 days. Notice to those parties may be made |
4 | | by
signage posting or publication. The additional |
5 | | delinquency amounts collected under this Section shall
be |
6 | | used to defray additional administrative costs incurred by |
7 | | the clerk of the
circuit court in collecting unpaid fees |
8 | | and costs.
|
9 | | (Source: P.A. 95-172, eff. 8-14-07.)"; and
|
10 | | on page 4, line 16, after " the ", by inserting " 30th day after |
11 | | the "; and |
12 | | on page 7, by inserting immediately below line 12 the |
13 | | following:
|
14 | | "(705 ILCS 105/27.7)
|
15 | | Sec. 27.7. Children's waiting room. The expense of |
16 | | establishing and maintaining a children's waiting room
for |
17 | | children whose parents or guardians are attending a court |
18 | | hearing as a
litigant, witness, or for other court purposes as |
19 | | determined by
the court may be borne by the county. To defray |
20 | | that expense in
any county having established a children's |
21 | | waiting room or that elects to
establish such a system, the |
22 | | county board may require the clerk of the circuit
court in the |
23 | | county to charge and collect a children's waiting room fee of |
|
| | 09900SB3162ham003 | - 58 - | LRB099 20679 HEP 49220 a |
|
|
1 | | not
more than $10 through December 31, 2021 and not more than |
2 | | $8 on and after January 1, 2022 .
The fee shall be paid at the |
3 | | time of filing the first pleading, paper,
or other appearance |
4 | | filed by each party in all civil cases.
No additional fee shall |
5 | | be required if more than one party is presented in
a single |
6 | | pleading, paper, or other appearance. The fee shall be |
7 | | collected in
the manner in which all other fees or costs are |
8 | | collected.
|
9 | | Each clerk shall commence the charges and collection upon |
10 | | receipt of written
notice from the chairman of the county board |
11 | | together with a certified copy of
the board's resolution. The |
12 | | clerk shall file the resolution of record in his
or her
office.
|
13 | | The fees shall be in addition to all other fees and charges |
14 | | of the clerks,
shall be assessable as costs, and may be waived |
15 | | only if the judge specifically
provides
for the waiver of the |
16 | | children's waiting room fee. The fees shall be remitted
monthly |
17 | | by the clerk to the county treasurer, to be retained by the |
18 | | treasurer
in a special fund designated as the children's |
19 | | waiting room fund. The fund
shall be audited by the county |
20 | | auditor, and the county board shall make
expenditure
from the |
21 | | fund in payment of any cost related to the establishment and
|
22 | | maintenance of the children's waiting room, including |
23 | | personnel, heat, light,
telephone, security, rental of space, |
24 | | or any other item in connection with the
operation of a |
25 | | children's waiting room.
|
26 | | The fees shall not be charged in any matter coming to the |