Rep. Kelly M. Cassidy

Filed: 5/25/2016

 

 


 

 


 
09900SB3162ham003LRB099 20679 HEP 49220 a

1
AMENDMENT TO SENATE BILL 3162

2    AMENDMENT NO. ______. Amend Senate Bill 3162 on page 1, by
3inserting immediately below line 3 the following:
 
4    "Section 3. The Counties Code is amended by changing
5Section 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
8of any county may establish and maintain a county law library,
9to be located in any county building or privately or publicly
10owned building at the county seat of government. The term
11"county building" includes premises leased by the county from a
12public building commission created under the Public Building
13Commission Act. After August 2, 1976, the county board of any
14county may establish and maintain a county law library at the
15county seat of government and, in addition, branch law
16libraries in other locations within that county as the county

 

 

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1board deems necessary.
2    The facilities of those libraries shall be freely available
3to all licensed Illinois attorneys, judges, other public
4officers of the county, and all members of the public, whenever
5the court house is open, and may include self-help centers and
6other legal assistance programs for the public as part of the
7services it provides on-site and online.
8    The expense of establishing and maintaining those
9libraries shall be borne by the county. To defray that expense,
10including the expense of any attendant self-help centers and
11legal assistance programs, in any county having established a
12county law library or libraries, the clerk of all trial courts
13located at the county seat of government shall charge and
14collect a county law library fee of $2, and the county board
15may authorize a county law library fee of not to exceed $21
16through 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
18thereafter, to be charged and collected by the clerks of all
19trial courts located in the county. The fee shall be paid at
20the time of filing the first pleading, paper, or other
21appearance filed by each party in all civil cases, but no
22additional fee shall be required if more than one party is
23represented in a single pleading, paper, or other appearance.
24    Each clerk shall commence those charges and collections
25upon receipt of written notice from the chairman of the county
26board that the board has acted under this Division to establish

 

 

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1and maintain a law library.
2    The fees shall be in addition to all other fees and charges
3of the clerks, assessable as costs, remitted by the clerks
4monthly to the county treasurer, and retained by the county
5treasurer in a special fund designated as the County Law
6Library Fund. Except as otherwise provided in this paragraph,
7disbursements from the fund shall be by the county treasurer,
8on order of a majority of the resident circuit judges of the
9circuit court of the county. In any county with more than
102,000,000 inhabitants, the county board shall order
11disbursements from the fund and the presiding officer of the
12county board, with the advice and consent of the county board,
13may appoint a library committee of not less than 9 members,
14who, by majority vote, may recommend to the county board as to
15disbursements of the fund and the operation of the library. In
16single county circuits with 2,000,000 or fewer inhabitants,
17disbursements from the County Law Library Fund shall be made by
18the county treasurer on the order of the chief judge of the
19circuit court of the county. In those single county circuits,
20the number of personnel necessary to operate and maintain the
21county law library shall be set by and those personnel shall be
22appointed by the chief judge. The county law library personnel
23shall serve at the pleasure of the appointing authority. The
24salaries of those personnel shall be fixed by the county board
25of the county. Orders shall be pre-audited, funds shall be
26audited by the county auditor, and a report of the orders and

 

 

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1funds shall be rendered to the county board and to the judges.
2    Fees shall not be charged in any criminal or quasi-criminal
3case, in any matter coming to the clerk on change of venue, or
4in any proceeding to review the decision of any administrative
5officer, agency, or body.
6    No moneys distributed from the County Law Library Fund may
7be directly or indirectly used for lobbying activities, as
8defined in Section 2 of the Lobbyist Registration Act or as
9defined in any ordinance or resolution of a municipality,
10county, or other unit of local government in Illinois.
11(Source: P.A. 98-351, eff. 8-15-13.)"; and
 
12on 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
16all counties having a population of not more than 500,000
17inhabitants in the instances described in this Section shall be
18as provided in this Section. In those instances where a minimum
19and maximum fee is stated, the clerk of the circuit court must
20charge the minimum fee listed and may charge up to the maximum
21fee if the county board has by resolution increased the fee.
22The fees shall be paid in advance and shall be as follows:
23(a) Civil Cases.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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:

 

 

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1            (A) When the value of the real and personal
2        property does not exceed $15,000, the fee shall be 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

 

 

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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),

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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.

 

 

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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
22all counties having a population in excess of 500,000
23inhabitants but less than 3,000,000 inhabitants in the
24instances described in this Section shall be as provided in
25this Section. In those instances where a minimum and maximum

 

 

09900SB3162ham003- 22 -LRB099 20679 HEP 49220 a

1fee is stated, counties with more than 500,000 inhabitants but
2less than 3,000,000 inhabitants must charge the minimum fee
3listed in this Section and may charge up to the maximum fee if
4the county board has by resolution increased the fee. In
5addition, the minimum fees authorized in this Section shall
6apply to all units of local government and school districts in
7counties with more than 3,000,000 inhabitants. The fees shall
8be 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

 

 

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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
16all counties having a population of 3,000,000 or more
17inhabitants in the instances described in this Section shall be
18as provided in this Section. In those instances where a minimum
19and maximum fee is stated, the clerk of the circuit court must
20charge the minimum fee listed and may charge up to the maximum
21fee if the county board has by resolution increased the fee.
22The 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
 
10on page 4, line 16, after "the", by inserting "30th day after
11the"; and
 
12on page 7, by inserting immediately below line 12 the
13following:
 
14    "(705 ILCS 105/27.7)
15    Sec. 27.7. Children's waiting room. The expense of
16establishing and maintaining a children's waiting room for
17children whose parents or guardians are attending a court
18hearing as a litigant, witness, or for other court purposes as
19determined by the court may be borne by the county. To defray
20that expense in any county having established a children's
21waiting room or that elects to establish such a system, the
22county board may require the clerk of the circuit court in the
23county to charge and collect a children's waiting room fee of

 

 

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1not 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
3time of filing the first pleading, paper, or other appearance
4filed by each party in all civil cases. No additional fee shall
5be required if more than one party is presented in a single
6pleading, paper, or other appearance. The fee shall be
7collected in the manner in which all other fees or costs are
8collected.
9    Each clerk shall commence the charges and collection upon
10receipt of written notice from the chairman of the county board
11together with a certified copy of the board's resolution. The
12clerk shall file the resolution of record in his or her office.
13    The fees shall be in addition to all other fees and charges
14of the clerks, shall be assessable as costs, and may be waived
15only if the judge specifically provides for the waiver of the
16children's waiting room fee. The fees shall be remitted monthly
17by the clerk to the county treasurer, to be retained by the
18treasurer in a special fund designated as the children's
19waiting room fund. The fund shall be audited by the county
20auditor, and the county board shall make expenditure from the
21fund in payment of any cost related to the establishment and
22maintenance of the children's waiting room, including
23personnel, heat, light, telephone, security, rental of space,
24or any other item in connection with the operation of a
25children's waiting room.
26    The fees shall not be charged in any matter coming to the

 

 

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1clerk on a change of venue, nor in any proceeding to review the
2decision of any administrative officer, agency, or body.
3(Source: P.A. 95-980, eff. 9-22-08.)".