093_HB3318

 
                                     LRB093 04213 MBS 04258 b

 1        AN ACT concerning fees.

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

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

 6        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
 7        Sec. 27.2.  The fees of the clerks of the  circuit  court
 8    in  all  counties  having  a  population in excess of 500,000
 9    inhabitants  but  less  than  3,000,000  inhabitants  in  the
10    instances described in this Section shall be as  provided  in
11    this  Section. In those instances where a minimum and maximum
12    fee is stated, counties with more  than  500,000  inhabitants
13    but  less  than 3,000,000 inhabitants must charge the minimum
14    fee listed in this Section and may charge up to  the  maximum
15    fee  if the county board has by resolution increased the fee.
16    In addition, the minimum  fees  authorized  in  this  Section
17    shall  apply  to  all  units  of  local government and school
18    districts in counties with more than  3,000,000  inhabitants.
19    The fees shall be paid in advance and shall be as follows:
20    (a)  Civil Cases.
21             The  fee  for filing a complaint, petition, or other
22        pleading initiating a civil action,  with  the  following
23        exceptions,  shall  be a minimum of $150 and a maximum of
24        $190.
25                  (A)  When the amount of money or damages or the
26             value of personal property claimed does  not  exceed
27             $250, a minimum of $10 and a maximum of $15.
28                  (B)  When that amount exceeds $250 but does not
29             exceed  $1,000,  a  minimum  of $20 and a maximum of
30             $40.
31                  (C)  When that amount exceeds $1,000  but  does
 
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 1             not  exceed $2500, a minimum of $30 and a maximum of
 2             $50.
 3                  (D)  When that amount exceeds  $2500  but  does
 4             not exceed $5,000, a minimum of $75 and a maximum of
 5             $100.
 6                  (D-5)  When  the amount exceeds $5,000 but does
 7             not exceed $15,000, a minimum of $75 and  a  maximum
 8             of $150.
 9                  (E)  For  the exercise of eminent domain, $150.
10             For each additional lot or tract of land or right or
11             interest  therein  subject  to  be  condemned,   the
12             damages  in  respect to which shall require separate
13             assessment by a jury, $150.
14    (b)  Forcible Entry and Detainer.
15             In each forcible entry and detainer  case  when  the
16        plaintiff seeks possession only or unites with his or her
17        claim  for possession of the property a claim for rent or
18        damages or both in the  amount  of  $15,000  or  less,  a
19        minimum  of  $40 and a maximum of $75. When the plaintiff
20        unites his or her claim for possession with a  claim  for
21        rent  or  damages or both exceeding $15,000, a minimum of
22        $150 and a maximum of $225.
23    (c)  Counterclaim or Joining Third Party Defendant.
24             When any defendant files a counterclaim as  part  of
25        his  or her answer or otherwise or joins another party as
26        a third party defendant, or both, the defendant shall pay
27        a fee for each counterclaim or third party action  in  an
28        amount  equal  to the fee he or she would have had to pay
29        had he or she brought a separate action  for  the  relief
30        sought  in  the  counterclaim  or against the third party
31        defendant, less the amount of the appearance fee, if that
32        has been paid.
33    (d)  Confession of Judgment.
34             In a confession of judgment when the amount does not
 
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 1        exceed $1500, a minimum of $50  and  a  maximum  of  $60.
 2        When  the  amount  exceeds  $1500,  but  does  not exceed
 3        $5,000, $75. When the amount exceeds $5,000, but does not
 4        exceed $15,000, $175. When the amount exceeds $15,000,  a
 5        minimum of $200 and a maximum of $250.
 6    (e)  Appearance.
 7             The  fee for filing an appearance in each civil case
 8        shall be a minimum of $50 and a maximum of $75, except as
 9        follows:
10                  (A)  When the plaintiff in a forcible entry and
11             detainer case seeks possession only,  a  minimum  of
12             $20 and a maximum of $40.
13                  (B)  When  the  amount  in  the  case  does not
14             exceed $1500, a minimum of $20 and a maximum of $40.
15                  (C)  When the amount in the case exceeds  $1500
16             but  does not exceed $15,000, a minimum of $40 and a
17             maximum of $60.
18    (f)  Garnishment, Wage Deduction, and Citation.
19             In garnishment affidavit, wage deduction  affidavit,
20        and  citation  petition  when  the amount does not exceed
21        $1,000, a minimum of $10 and a maximum of $15;  when  the
22        amount  exceeds  $1,000  but  does  not  exceed $5,000, a
23        minimum of $20 and a maximum of $30; and when the  amount
24        exceeds $5,000, a minimum of $30 and a maximum of $50.
25    (g)  Petition to Vacate, or Modify, or Reconsider.
26             (1)  Petition  to  vacate,  or modify, or reconsider
27        any final judgment or order of court, except in  forcible
28        entry  and  detainer  cases  and  small claims cases or a
29        petition to reopen an estate, to  modify,  terminate,  or
30        enforce a judgment or order for child or spousal support,
31        or   to  modify,  suspend,  or  terminate  an  order  for
32        withholding, if filed before 30 days after the  entry  of
33        the  judgment or order, a minimum of $40 and a maximum of
34        $50.
 
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 1             (2)  Petition to vacate, or  modify,  or  reconsider
 2        any  final  judgment or order of court, except a petition
 3        to modify, terminate, or enforce a judgment or order  for
 4        child  or  spousal  support  or  to  modify,  suspend, or
 5        terminate an order for withholding, if filed  later  than
 6        30  days  after  the  entry  of  the judgment or order, a
 7        minimum of $60 and a maximum of $75.
 8             (3)  Petition to vacate order of bond forfeiture,  a
 9        minimum of $20 and a maximum of $40.
10    (h)  Mailing.
11             When  the clerk is required to mail, the fee will be
12        a minimum of $6 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 $10 and a maximum of $15.
18    (j)  Habeas Corpus.
19             For filing a petition for relief by habeas corpus, a
20        minimum of $80 and a maximum of $125.
21    (k)  Certification, Authentication, and Reproduction.
22             (1)  Each certification or authentication for taking
23        the  acknowledgment  of  a  deed  or  other instrument in
24        writing with the seal of office, a minimum of  $4  and  a
25        maximum of $6.
26             (2)  Court   appeals  when  original  documents  are
27        forwarded, under 100 pages, plus delivery  and  costs,  a
28        minimum of $50 and a maximum of $75.
29             (3)  Court   appeals  when  original  documents  are
30        forwarded, over 100 pages, plus  delivery  and  costs,  a
31        minimum of $120 and a maximum of $150.
32             (4)  Court   appeals  when  original  documents  are
33        forwarded, over 200 pages, an additional fee of a minimum
34        of 20 and a maximum of 25 cents per page.
 
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 1             (5)  For reproduction of any document  contained  in
 2        the clerk's files:
 3                  (A)  First page, $2.
 4                  (B)  Next 19 pages, 50 cents per page.
 5                  (C)  All remaining pages, 25 cents per page.
 6    (l)  Remands.
 7             In any cases remanded to the Circuit Court  from the
 8        Supreme Court or the Appellate Court for a new trial, the
 9        clerk  shall  file  the remanding order and reinstate the
10        case with either its original number or a new number. The
11        Clerk shall not charge any new or additional fee for  the
12        reinstatement.  Upon reinstatement the Clerk shall advise
13        the parties of the reinstatement.  A party shall have the
14        same right to a jury trial on remand and reinstatement as
15        he or she had before the appeal, and no additional or new
16        fee or charge shall  be  made  for  a  jury  trial  after
17        remand.
18    (m)  Record Search.
19             For   each  record  search,  within  a  division  or
20        municipal district, the clerk  shall  be  entitled  to  a
21        search  fee  of  a  minimum of $4 and a maximum of $6 for
22        each year searched.
23    (n)  Hard Copy.
24             For each page of hard copy print output,  when  case
25        records  are maintained on an automated medium, the clerk
26        shall be entitled to a fee of  a  minimum  of  $4  and  a
27        maximum of $6.
28    (o)  Index Inquiry and Other Records.
29             No    fee    shall   be   charged   for   a   single
30        plaintiff/defendant index inquiry or single  case  record
31        inquiry  when  this  request  is  made  in person and the
32        records are maintained in a current automated medium, and
33        when no hard copy print output is requested.  The fees to
34        be charged for management records, multiple case records,
 
                            -6-      LRB093 04213 MBS 04258 b
 1        and multiple journal records  may  be  specified  by  the
 2        Chief  Judge  pursuant  to  the guidelines for access and
 3        dissemination of  information  approved  by  the  Supreme
 4        Court.
 5    (p)  Commitment Petitions.
 6             For  filing  commitment  petitions  under the Mental
 7        Health and Developmental Disabilities Code, a minimum  of
 8        $25 and a maximum of $50.
 9    (q)  Alias Summons.
10             For  each  alias  summons  or citation issued by the
11        clerk, a minimum of $4 and a maximum of $5.
12    (r)  Other Fees.
13             Any fees not covered in this Section shall be set by
14        rule or administrative order of the  Circuit  Court  with
15        the approval of the Administrative Office of the Illinois
16        Courts.
17             The   clerk   of   the  circuit  court  may  provide
18        additional services for which there is no  fee  specified
19        by  statute  in  connection  with  the  operation  of the
20        clerk's office as may be  requested  by  the  public  and
21        agreed to by the clerk and approved by the chief judge of
22        the  circuit  court.  Any charges for additional services
23        shall be as agreed to between the  clerk  and  the  party
24        making the request and approved by the chief judge of the
25        circuit  court.   Nothing  in  this  subsection  shall be
26        construed to require any clerk to provide any service not
27        otherwise required by law.
28    (s)  Jury Services.
29             The clerk shall be entitled to receive, in  addition
30        to  other  fees  allowed  by law, the sum of a minimum of
31        $192.50 and a maximum  of  $212.50,  as  a  fee  for  the
32        services   of   a   jury   in   every  civil  action  not
33        quasi-criminal in its nature and not a proceeding for the
34        exercise of the right of  eminent  domain  and  in  every
 
                            -7-      LRB093 04213 MBS 04258 b
 1        other action wherein the right of trial by jury is or may
 2        be given by law.  The jury fee shall be paid by the party
 3        demanding  a  jury at the time of filing the jury demand.
 4        If the fee is not paid by either party, no jury shall  be
 5        called in the action or proceeding, and the same shall be
 6        tried by the court without a jury.
 7    (t)  Voluntary Assignment.
 8             For  filing  each  deed  of  voluntary assignment, a
 9        minimum of $10 and a maximum of $20;  for  recording  the
10        same,  a minimum of 25¢ and a maximum of 50¢ for each 100
11        words.   Exceptions  filed  to  claims  presented  to  an
12        assignee  of a debtor who has made a voluntary assignment
13        for the benefit of  creditors  shall  be  considered  and
14        treated,  for  the  purpose  of  taxing costs therein, as
15        actions  in  which  the  party  or  parties  filing   the
16        exceptions  shall  be  considered  as  party  or  parties
17        plaintiff,  and  the  claimant  or  claimants as party or
18        parties defendant, and those parties  respectively  shall
19        pay  to  the  clerk  the  same  fees  as provided by this
20        Section to be paid in other actions.
21    (u)  Expungement Petition.
22             The clerk shall be entitled to receive a  fee  of  a
23        minimum  of $30 and a maximum of $60 for each expungement
24        petition filed and an additional fee of a minimum  of  $2
25        and  a maximum of $4 for  each certified copy of an order
26        to expunge arrest records.
27    (v)  Probate.
28             The clerk is entitled to receive the fees  specified
29        in  this  subsection (v), which shall be paid in advance,
30        except that, for good cause shown, the court may suspend,
31        reduce,  or  release  the  costs   payable   under   this
32        subsection:
33             (1)  For  administration of the estate of a decedent
34        (whether testate or intestate) or of a missing person,  a
 
                            -8-      LRB093 04213 MBS 04258 b
 1        minimum  of  $100  and  a  maximum of $150, plus the fees
 2        specified in subsection (v)(3), except:
 3                  (A)  When the value of the  real  and  personal
 4             property does not exceed $15,000, the fee shall be a
 5             minimum of $25 and a maximum of $40.
 6                  (B)  When  (i) proof of heirship alone is made,
 7             (ii) a domestic  or  foreign  will  is  admitted  to
 8             probate  without  administration (including proof of
 9             heirship), or (iii) letters of office are issued for
10             a particular purpose without administration  of  the
11             estate,  the  fee  shall  be  a minimum of $25 and a
12             maximum of $40.
13             (2)  For administration of the estate of a  ward,  a
14        minimum  of  $50  and  a  maximum  of  $75, plus the fees
15        specified in subsection (v)(3), except:
16                  (A)  When the value of the  real  and  personal
17             property does not exceed $15,000, the fee shall be a
18             minimum of $25 and a maximum of $40.
19                  (B)  When (i) letters of office are issued to a
20             guardian  of  the  person or persons, but not of the
21             estate or (ii) letters of office are issued  in  the
22             estate  of  a  ward  without  administration  of the
23             estate, including filing or joining in the filing of
24             a tax return or releasing a mortgage  or  consenting
25             to  the  marriage  of  the  ward, the fee shall be a
26             minimum of $10 and a maximum of $20.
27             (3)  In  addition  to   the   fees   payable   under
28        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
29        following fees are payable:
30                  (A)  For each account  (other  than  one  final
31             account) filed in the estate of a decedent, or ward,
32             a minimum of $15 and a maximum of $25.
33                  (B)  For  filing  a claim in an estate when the
34             amount claimed is $150 or more but less than $500, a
 
                            -9-      LRB093 04213 MBS 04258 b
 1             minimum of $10 and a maximum of $20; when the amount
 2             claimed is $500 or more but  less  than  $10,000,  a
 3             minimum of $25 and a maximum of $40; when the amount
 4             claimed  is  $10,000 or more, a minimum of $40 and a
 5             maximum of $60; provided that the court in  allowing
 6             a claim may add to the amount allowed the filing fee
 7             paid by the claimant.
 8                  (C)  For filing in an estate a claim, petition,
 9             or  supplemental  proceeding   based  upon an action
10             seeking equitable relief including the  construction
11             or  contest  of a will, enforcement of a contract to
12             make a will, and proceedings involving  testamentary
13             trusts  or the appointment of testamentary trustees,
14             a minimum of $40 and a maximum of $60.
15                  (D)  For filing in an estate (i) the appearance
16             of any person for the purpose of consent or (ii) the
17             appearance   of    an    executor,    administrator,
18             administrator  to  collect,  guardian,  guardian  ad
19             litem, or special administrator, no fee.
20                  (E)  Except    as    provided   in   subsection
21             (v)(3)(D), for filing the appearance of  any  person
22             or persons, a minimum of $10 and a maximum of $30.
23                  (F)  For each jury demand, a minimum of $102.50
24             and a maximum of $137.50.
25                  (G)  For  disposition  of  the  collection of a
26             judgment or settlement of an  action  or  claim  for
27             wrongful  death  of  a  decedent  or of any cause of
28             action  of  a  ward,  when   there   is   no   other
29             administration of the estate, a minimum of $30 and a
30             maximum   of   $50,   less  any  amount  paid  under
31             subsection (v)(1)(B) or (v)(2)(B) except that if the
32             amount involved does not  exceed  $5,000,  the  fee,
33             including any amount paid under subsection (v)(1)(B)
34             or  (v)(2)(B),  shall  be  a  minimum  of  $10 and a
 
                            -10-     LRB093 04213 MBS 04258 b
 1             maximum of $20.
 2                  (H)  For each  certified  copy  of  letters  of
 3             office,  of  court  order  or other certification, a
 4             minimum of $1 and a maximum of $2, plus a minimum of
 5             50¢ and a maximum of $1 per  page  in  excess  of  3
 6             pages for the document certified.
 7                  (I)  For  each exemplification, a minimum of $1
 8             and a maximum of $2, plus the fee for certification.
 9             (4)  The    executor,    administrator,    guardian,
10        petitioner, or other interested  person  or  his  or  her
11        attorney  shall  pay the cost of publication by the clerk
12        directly to the newspaper.
13             (5)  The person on whose behalf a charge is incurred
14        for  witness,  court  reporter,   appraiser,   or   other
15        miscellaneous  fee  shall  pay  the  same directly to the
16        person entitled thereto.
17             (6)  The    executor,    administrator,    guardian,
18        petitioner, or other interested person  or  his  attorney
19        shall  pay  to  the clerk all postage charges incurred by
20        the clerk in mailing petitions, orders, notices, or other
21        documents pursuant to the provisions of the  Probate  Act
22        of 1975.
23    (w)  Criminal and Quasi-Criminal Costs and Fees.
24             (1)  The  clerk  shall  be  entitled to costs in all
25        criminal  and  quasi-criminal  cases  from  each   person
26        convicted or sentenced to supervision therein as follows:
27                  (A)  Felony  complaints, a minimum of $80 and a
28             maximum of $125.
29                  (B)  Misdemeanor complaints, a minimum  of  $50
30             and a maximum of $75.
31                  (C)  Business  offense complaints, a minimum of
32             $50 and a maximum of $75.
33                  (D)  Petty offense complaints, a minimum of $50
34             and a maximum of $75.
 
                            -11-     LRB093 04213 MBS 04258 b
 1                  (E)  Minor  traffic  or  ordinance  violations,
 2             $20.
 3                  (F)  When court appearance required, $30.
 4                  (G)  Motions to vacate or amend final orders, a
 5             minimum of $20 and a maximum of $40.
 6                  (H)  Motions to vacate bond forfeiture  orders,
 7             a minimum of $20 and a maximum of $30.
 8                  (I)  Motions  to  vacate  ex  parte  judgments,
 9             whenever  filed,  a  minimum of $20 and a maximum of
10             $30.
11                  (J)  Motions to vacate judgment on forfeitures,
12             whenever filed, a minimum of $20 and  a  maximum  of
13             $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
21        each person convicted therein as follows:
22                  (A)  Minor  traffic  or  ordinance  violations,
23             $10.
24                  (B)  When court appearance required, $15.
25             (3)  In ordinance violation cases punishable by fine
26        only, the clerk of the circuit court shall be entitled to
27        receive, unless the fee is excused upon a finding by  the
28        court  that  the  defendant  is  indigent, in addition to
29        other fees or costs allowed or imposed by law, the sum of
30        a minimum of $50 and a maximum of $112.50 as  a  fee  for
31        the  services  of  a jury.  The jury fee shall be paid by
32        the defendant at the time  of  filing  his  or  her  jury
33        demand.   If  the fee is not so paid by the defendant, no
34        jury shall be called, and the case shall be tried by  the
 
                            -12-     LRB093 04213 MBS 04258 b
 1        court without a jury.
 2    (x)  Transcripts of Judgment.
 3             For  the  filing  of  a  transcript of judgment, the
 4        clerk shall be entitled to the same fee as if it were the
 5        commencement of new suit.
 6    (y)  Change of Venue.
 7             (1)  For the filing of a change of case on a  change
 8        of  venue, the clerk shall be entitled to the same fee as
 9        if it were the commencement of a new suit.
10             (2)  The fee for the preparation  and  certification
11        of a record on a change of venue to another jurisdiction,
12        when  original  documents are forwarded, a minimum of $25
13        and a maximum of $40.
14    (z)  Tax objection complaints.
15             For each tax objection complaint containing  one  or
16        more  tax objections, regardless of the number of parcels
17        involved or  the  number  of  taxpayers  joining  in  the
18        complaint, a minimum of $25 and a maximum of $50.
19    (aa)  Tax Deeds.
20             (1)  Petition  for  tax  deed, if only one parcel is
21        involved, a minimum of $150 and a maximum of $250.
22             (2)  For each additional parcel,  add  a  fee  of  a
23        minimum of $50 and a maximum of $100.
24    (bb)  Collections.
25             (1)  For  all collections made of others, except the
26        State and county  and  except  in  maintenance  or  child
27        support  cases,  a  sum  equal to a minimum of 2.5% and a
28        maximum of 3.0% of the amount collected and turned over.
29             (2)  Interest earned on any funds held by the  clerk
30        shall  be  turned  over  to the county general fund as an
31        earning of the office.
32             (3)  For any check, draft, or other bank  instrument
33        returned  to  the clerk for non-sufficient funds, account
34        closed, or payment stopped, $25.
 
                            -13-     LRB093 04213 MBS 04258 b
 1             (4)  In child support  and  maintenance  cases,  the
 2        clerk, if authorized by an ordinance of the county board,
 3        may  collect  an  annual fee of up to $36 from the person
 4        making payment for maintaining child support records  and
 5        the processing of support orders to the State of Illinois
 6        KIDS  system  and the recording of payments issued by the
 7        State Disbursement Unit for the official  record  of  the
 8        Court. This fee shall be in addition to and separate from
 9        amounts  ordered  to  be  paid  as  maintenance  or child
10        support  and  shall  be   deposited   into   a   Separate
11        Maintenance  and  Child Support Collection Fund, of which
12        the clerk shall be the custodian, ex-officio, to be  used
13        by  the clerk to maintain child support orders and record
14        all payments issued by the State  Disbursement  Unit  for
15        the  official  record of the Court. The clerk may recover
16        from the person making the maintenance or  child  support
17        payment any additional cost incurred in the collection of
18        this annual fee.
19             The  clerk shall also be entitled to a fee of $5 for
20        certifications made to the Secretary of State as provided
21        in Section 7-703 of the Family  Financial  Responsibility
22        Law  and  these  fees  shall  also  be deposited into the
23        Separate Maintenance and Child Support Collection Fund.
24    (cc)  Corrections of Numbers.
25             For correction of the case number,  case  title,  or
26        attorney  computer  identification number, if required by
27        rule of court, on  any  document  filed  in  the  clerk's
28        office,  to  be  charged against the party that filed the
29        document, a minimum of $15 and a maximum of $25.
30    (dd)  Exceptions.
31             The fee requirements of this Section shall not apply
32        to police departments or other law enforcement  agencies.
33        In this Section, "law enforcement agency" means an agency
34        of  the  State  or  a  unit  of local government which is
 
                            -14-     LRB093 04213 MBS 04258 b
 1        vested by law or ordinance  with  the  duty  to  maintain
 2        public  order and to enforce criminal laws or ordinances.
 3        "Law enforcement agency" also means the Attorney  General
 4        or  any  state's  attorney.  The fee requirements of this
 5        Section shall not apply to any  action  instituted  under
 6        subsection   (b)  of  Section  11-31-1  of  the  Illinois
 7        Municipal Code by a  private  owner  or  tenant  of  real
 8        property  within  1200  feet  of  a  dangerous  or unsafe
 9        building seeking an order compelling the owner or  owners
10        of  the  building  to  take any of the actions authorized
11        under that subsection.
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
16        term "special needs  adoption"  shall  have  the  meaning
17        ascribed to it by the Illinois Department of Children and
18        Family 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.
23    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
24    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

25        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
26        Sec. 27.2a.  The fees of the clerks of the circuit  court
27    in  all  counties  having  a  population of 3,000,000 or more
28    inhabitants in the instances described in this Section  shall
29    be  as  provided in this Section.  In those instances where a
30    minimum and maximum fee is stated, the clerk of  the  circuit
31    court must charge the minimum fee listed and may charge up to
32    the  maximum  fee  if  the  county  board  has  by resolution
33    increased the fee. The fees shall  be  paid  in  advance  and
 
                            -15-     LRB093 04213 MBS 04258 b
 1    shall be as follows:
 2    (a)  Civil Cases.
 3             The  fee  for filing a complaint, petition, or other
 4        pleading initiating a civil action,  with  the  following
 5        exceptions,  shall  be a minimum of $190 and a maximum of
 6        $240.
 7                  (A)  When the amount of money or damages or the
 8             value of personal property claimed does  not  exceed
 9             $250, a minimum of $15 and a maximum of $22.
10                  (B)  When that amount exceeds $250 but does not
11             exceed $1000, a minimum of $40 and a maximum of $75.
12                  (C)  When  that  amount  exceeds $1000 but does
13             not exceed $2500, a minimum of $50 and a maximum  of
14             $80.
15                  (D)  When  that  amount  exceeds $2500 but does
16             not exceed $5000, a minimum of $100 and a maximum of
17             $130.
18                  (E)  When that amount exceeds  $5000  but  does
19             not exceed $15,000, $150.
20                  (F)  For  the exercise of eminent domain, $150.
21             For each additional lot or tract of land or right or
22             interest  therein  subject  to  be  condemned,   the
23             damages  in  respect to which shall require separate
24             assessment by a jury, $150.
25                  (G)  For the final  determination  of  parking,
26             standing,   and   compliance  violations  and  final
27             administrative  decisions  issued   after   hearings
28             regarding  vehicle  immobilization  and  impoundment
29             made  pursuant  to  Sections  3-704.1,  6-306.5, and
30             11-208.3 of the Illinois Vehicle Code, $25.
31    (b)  Forcible Entry and Detainer.
32             In each forcible entry and detainer  case  when  the
33        plaintiff seeks possession only or unites with his or her
34        claim  for possession of the property a claim for rent or
 
                            -16-     LRB093 04213 MBS 04258 b
 1        damages or both in the  amount  of  $15,000  or  less,  a
 2        minimum of $75 and a maximum of $140.  When the plaintiff
 3        unites  his  or her claim for possession with a claim for
 4        rent or damages or both exceeding $15,000, a  minimum  of
 5        $225 and a maximum of $335.
 6    (c)  Counterclaim or Joining Third Party Defendant.
 7             When  any  defendant files a counterclaim as part of
 8        his or her answer or otherwise or joins another party  as
 9        a third party defendant, or both, the defendant shall pay
10        a  fee  for each counterclaim or third party action in an
11        amount equal to the fee he or she would have had  to  pay
12        had  he  or  she brought a separate action for the relief
13        sought in the counterclaim or  against  the  third  party
14        defendant, less the amount of the appearance fee, if that
15        has been paid.
16    (d)  Confession of Judgment.
17             In a confession of judgment when the amount does not
18        exceed  $1500,  a  minimum  of  $60 and a maximum of $70.
19        When the amount exceeds $1500, but does not exceed $5000,
20        a minimum of $75 and a maximum of $150. When  the  amount
21        exceeds  $5000, but does not exceed $15,000, a minimum of
22        $175 and a maximum  of  $260.  When  the  amount  exceeds
23        $15,000, a minimum of $250 and a maximum of $310.
24    (e)  Appearance.
25             The  fee for filing an appearance in each civil case
26        shall be a minimum of $75 and a maximum of  $110,  except
27        as follows:
28                  (A)  When the plaintiff in a forcible entry and
29             detainer  case  seeks  possession only, a minimum of
30             $40 and a maximum of $80.
31                  (B)  When the  amount  in  the  case  does  not
32             exceed $1500, a minimum of $40 and a maximum of $80.
33                  (C)  When  that  amount  exceeds $1500 but does
34             not exceed $15,000, a minimum of $60 and  a  maximum
 
                            -17-     LRB093 04213 MBS 04258 b
 1             of $90.
 2    (f)  Garnishment, Wage Deduction, and Citation.
 3             In  garnishment affidavit, wage deduction affidavit,
 4        and citation petition when the  amount  does  not  exceed
 5        $1,000,  a  minimum of $15 and a maximum of $25; when the
 6        amount exceeds $1,000  but  does  not  exceed  $5,000,  a
 7        minimum  of $30 and a maximum of $45; and when the amount
 8        exceeds $5,000, a minimum of $50 and a maximum of $80.
 9    (g)  Petition to Vacate, or Modify, or Reconsider.
10             (1)  Petition to vacate, or  modify,  or  reconsider
11        any  final judgment or order of court, except in forcible
12        entry and detainer cases and  small  claims  cases  or  a
13        petition  to  reopen  an estate, to modify, terminate, or
14        enforce a judgment or order for child or spousal support,
15        or  to  modify,  suspend,  or  terminate  an  order   for
16        withholding,  if  filed before 30 days after the entry of
17        the judgment or order, a minimum of $50 and a maximum  of
18        $60.
19             (2)  Petition  to  vacate,  or modify, or reconsider
20        any final judgment or order of court, except  a  petition
21        to  modify, terminate, or enforce a judgment or order for
22        child or  spousal  support  or  to  modify,  suspend,  or
23        terminate  an  order for withholding, if filed later than
24        30 days after the entry  of  the  judgment  or  order,  a
25        minimum of $75 and a maximum of $90.
26             (3)  Petition  to vacate order of bond forfeiture, a
27        minimum of $40 and a maximum of $80.
28    (h)  Mailing.
29             When the clerk is required to mail, the fee will  be
30        a  minimum  of $10 and a maximum of $15, plus the cost of
31        postage.
32    (i)  Certified Copies.
33             Each certified copy of a judgment after  the  first,
34        except  in  small  claims and forcible entry and detainer
 
                            -18-     LRB093 04213 MBS 04258 b
 1        cases, a minimum of $15 and a maximum of $20.
 2    (j)  Habeas Corpus.
 3             For filing a petition for relief by habeas corpus, a
 4        minimum of $125 and a maximum of $190.
 5    (k)  Certification, Authentication, and Reproduction.
 6             (1)  Each certification or authentication for taking
 7        the acknowledgment of  a  deed  or  other  instrument  in
 8        writing  with  the  seal of office, a minimum of $6 and a
 9        maximum of $9.
10             (2)  Court  appeals  when  original  documents   are
11        forwarded,  under  100  pages, plus delivery and costs, a
12        minimum of $75 and a maximum of $110.
13             (3)  Court  appeals  when  original  documents   are
14        forwarded,  over  100  pages,  plus delivery and costs, a
15        minimum of $150 and a maximum of $185.
16             (4)  Court  appeals  when  original  documents   are
17        forwarded, over 200 pages, an additional fee of a minimum
18        of 25 and a maximum of 30 cents per page.
19             (5)  For  reproduction  of any document contained in
20        the clerk's files:
21                  (A)  First page, $2.
22                  (B)  Next 19 pages, 50 cents per page.
23                  (C)  All remaining pages, 25 cents per page.
24    (l)  Remands.
25             In any cases remanded to the Circuit Court  from the
26        Supreme Court or the Appellate Court for a new trial, the
27        clerk shall file the remanding order  and  reinstate  the
28        case  with  either  its  original number or a new number.
29        The Clerk shall not charge any new or additional fee  for
30        the  reinstatement.   Upon  reinstatement the Clerk shall
31        advise the parties of the reinstatement.  A  party  shall
32        have  the  same  right  to  a  jury  trial  on remand and
33        reinstatement as he or she had before the appeal, and  no
34        additional  or new fee or charge shall be made for a jury
 
                            -19-     LRB093 04213 MBS 04258 b
 1        trial after remand.
 2    (m)  Record Search.
 3             For  each  record  search,  within  a  division   or
 4        municipal  district,  the  clerk  shall  be entitled to a
 5        search fee of a minimum of $6 and a  maximum  of  $9  for
 6        each year searched.
 7    (n)  Hard Copy.
 8             For  each  page of hard copy print output, when case
 9        records are maintained on an automated medium, the  clerk
10        shall  be  entitled  to  a  fee  of a minimum of $6 and a
11        maximum of $9.
12    (o)  Index Inquiry and Other Records.
13             No   fee   shall   be   charged   for    a    single
14        plaintiff/defendant  index  inquiry or single case record
15        inquiry when this request  is  made  in  person  and  the
16        records are maintained in a current automated medium, and
17        when no hard copy print output is requested.  The fees to
18        be charged for management records, multiple case records,
19        and  multiple  journal  records  may  be specified by the
20        Chief Judge pursuant to the  guidelines  for  access  and
21        dissemination  of  information  approved  by  the Supreme
22        Court.
23    (p)  Commitment Petitions.
24             For filing commitment  petitions  under  the  Mental
25        Health  and Developmental Disabilities Code, a minimum of
26        $50 and a maximum of $100.
27    (q)  Alias Summons.
28             For each alias summons or  citation  issued  by  the
29        clerk, a minimum of $5 and a maximum of $6.
30    (r)  Other Fees.
31             Any fees not covered in this Section shall be set by
32        rule  or  administrative  order of the Circuit Court with
33        the approval of the Administrative Office of the Illinois
34        Courts.

 
                            -20-     LRB093 04213 MBS 04258 b
 1             The  clerk  of  the  circuit   court   may   provide
 2        additional  services  for which there is no fee specified
 3        by statute  in  connection  with  the  operation  of  the
 4        clerk's  office  as  may  be  requested by the public and
 5        agreed to by the clerk and approved by the chief judge of
 6        the circuit court.  Any charges for  additional  services
 7        shall  be  as  agreed  to between the clerk and the party
 8        making the request and approved by the chief judge of the
 9        circuit court.   Nothing  in  this  subsection  shall  be
10        construed to require any clerk to provide any service not
11        otherwise required by law.
12    (s)  Jury Services.
13             The  clerk shall be entitled to receive, in addition
14        to other fees allowed by law, the sum  of  a  minimum  of
15        $212.50 and maximum of $230, as a fee for the services of
16        a  jury  in  every civil action not quasi-criminal in its
17        nature and not a proceeding for the exercise of the right
18        of eminent domain and in every other action  wherein  the
19        right  of  trial  by jury is or may be given by law.  The
20        jury fee shall be paid by the party demanding a  jury  at
21        the  time  of  filing the jury demand.  If the fee is not
22        paid by either party, no jury  shall  be  called  in  the
23        action  or proceeding, and the same shall be tried by the
24        court without a jury.
25    (t)  Voluntary Assignment.
26             For filing each  deed  of  voluntary  assignment,  a
27        minimum  of  $20  and a maximum of $40; for recording the
28        same, a minimum of 50¢ and a maximum of  $0.80  for  each
29        100  words.  Exceptions  filed  to claims presented to an
30        assignee of a debtor who has made a voluntary  assignment
31        for  the  benefit  of  creditors  shall be considered and
32        treated, for the purpose  of  taxing  costs  therein,  as
33        actions   in  which  the  party  or  parties  filing  the
34        exceptions  shall  be  considered  as  party  or  parties
 
                            -21-     LRB093 04213 MBS 04258 b
 1        plaintiff, and the claimant  or  claimants  as  party  or
 2        parties  defendant,  and those parties respectively shall
 3        pay to the clerk  the  same  fees  as  provided  by  this
 4        Section to be paid in other actions.
 5    (u)  Expungement Petition.
 6             The  clerk  shall  be entitled to receive a fee of a
 7        minimum of $60 and a maximum of $120 for each expungement
 8        petition filed and an additional fee of a minimum  of  $4
 9        and  a maximum of $8 for  each certified copy of an order
10        to expunge arrest records.
11    (v)  Probate.
12             The clerk is entitled to receive the fees  specified
13        in  this  subsection (v), which shall be paid in advance,
14        except that, for good cause shown, the court may suspend,
15        reduce,  or  release  the  costs   payable   under   this
16        subsection:
17             (1)  For  administration of the estate of a decedent
18        (whether testate or intestate) or of a missing person,  a
19        minimum  of  $150  and  a  maximum of $225, plus the fees
20        specified in subsection (v)(3), except:
21                  (A)  When the value of the  real  and  personal
22             property does not exceed $15,000, the fee shall be a
23             minimum of $40 and a maximum of $65.
24                  (B)  When  (i) proof of heirship alone is made,
25             (ii) a domestic  or  foreign  will  is  admitted  to
26             probate  without  administration (including proof of
27             heirship), or (iii) letters of office are issued for
28             a particular purpose without administration  of  the
29             estate,  the  fee  shall  be  a minimum of $40 and a
30             maximum of $65.
31             (2)  For administration of the estate of a  ward,  a
32        minimum  of  $75  and  a  maximum  of $110, plus the fees
33        specified in subsection (v)(3), except:
34                  (A)  When the value of the  real  and  personal
 
                            -22-     LRB093 04213 MBS 04258 b
 1             property does not exceed $15,000, the fee shall be a
 2             minimum of $40 and a maximum of $65.
 3                  (B)  When (i) letters of office are issued to a
 4             guardian  of  the  person or persons, but not of the
 5             estate or (ii) letters of office are issued  in  the
 6             estate  of  a  ward  without  administration  of the
 7             estate, including filing or joining in the filing of
 8             a tax return or releasing a mortgage  or  consenting
 9             to  the  marriage  of  the  ward, the fee shall be a
10             minimum of $20 and a maximum of $40.
11             (3)  In  addition  to   the   fees   payable   under
12        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
13        following fees are payable:
14                  (A)  For each account  (other  than  one  final
15             account) filed in the estate of a decedent, or ward,
16             a minimum of $25 and a maximum of $40.
17                  (B)  For  filing  a claim in an estate when the
18             amount claimed is $150 or more but less than $500, a
19             minimum of $20 and a maximum of $40; when the amount
20             claimed is $500 or more but  less  than  $10,000,  a
21             minimum of $40 and a maximum of $65; when the amount
22             claimed  is  $10,000 or more, a minimum of $60 and a
23             maximum of $90; provided that the court in  allowing
24             a claim may add to the amount allowed the filing fee
25             paid by the claimant.
26                  (C)  For filing in an estate a claim, petition,
27             or  supplemental  proceeding  based  upon  an action
28             seeking equitable relief including the  construction
29             or  contest  of a will, enforcement of a contract to
30             make a will, and proceedings involving  testamentary
31             trusts  or the appointment of testamentary trustees,
32             a minimum of $60 and a maximum of $90.
33                  (D)  For filing in an estate (i) the appearance
34             of any person for the purpose of consent or (ii) the
 
                            -23-     LRB093 04213 MBS 04258 b
 1             appearance   of    an    executor,    administrator,
 2             administrator  to  collect,  guardian,  guardian  ad
 3             litem, or special administrator, no fee.
 4                  (E)  Except    as    provided   in   subsection
 5             (v)(3)(D), for filing the appearance of  any  person
 6             or persons, a minimum of $30 and a maximum of $90.
 7                  (F)  For each jury demand, a minimum of $137.50
 8             and a maximum of $180.
 9                  (G)  For  disposition  of  the  collection of a
10             judgment or settlement of an  action  or  claim  for
11             wrongful  death  of  a  decedent  or of any cause of
12             action  of  a  ward,  when   there   is   no   other
13             administration of the estate, a minimum of $50 and a
14             maximum   of   $80,   less  any  amount  paid  under
15             subsection (v)(1)(B) or (v)(2)(B) except that if the
16             amount involved does not  exceed  $5,000,  the  fee,
17             including any amount paid under subsection (v)(1)(B)
18             or  (v)(2)(B),  shall  be  a  minimum  of  $20 and a
19             maximum of $40.
20                  (H)  For each  certified  copy  of  letters  of
21             office,  of  court  order  or other certification, a
22             minimum of $2 and a maximum of $4, plus $1 per  page
23             in excess of 3 pages for the document certified.
24                  (I)  For each exemplification, $2, plus the fee
25             for certification.
26             (4)  The    executor,    administrator,    guardian,
27        petitioner,  or  other  interested  person  or his or her
28        attorney shall pay the cost of publication by  the  clerk
29        directly to the newspaper.
30             (5)  The person on whose behalf a charge is incurred
31        for   witness,   court   reporter,  appraiser,  or  other
32        miscellaneous fee shall pay  the  same  directly  to  the
33        person entitled thereto.
34             (6)  The    executor,    administrator,    guardian,
 
                            -24-     LRB093 04213 MBS 04258 b
 1        petitioner,  or  other  interested  person  or his or her
 2        attorney shall pay  to  the  clerk  all  postage  charges
 3        incurred  by  the  clerk  in  mailing  petitions, orders,
 4        notices, or other documents pursuant to the provisions of
 5        the Probate Act of 1975.
 6    (w)  Criminal and Quasi-Criminal Costs and Fees.
 7             (1)  The clerk shall be entitled  to  costs  in  all
 8        criminal   and  quasi-criminal  cases  from  each  person
 9        convicted or sentenced to supervision therein as follows:
10                  (A)  Felony complaints, a minimum of $125 and a
11             maximum of $190.
12                  (B)  Misdemeanor complaints, a minimum  of  $75
13             and a maximum of $110.
14                  (C)  Business  offense complaints, a minimum of
15             $75 and a maximum of $110.
16                  (D)  Petty offense complaints, a minimum of $75
17             and a maximum of $110.
18                  (E)  Minor  traffic  or  ordinance  violations,
19             $30.
20                  (F)  When court appearance required, $50.
21                  (G)  Motions to vacate or amend final orders, a
22             minimum of $40 and a maximum of $80.
23                  (H)  Motions to vacate bond forfeiture  orders,
24             a minimum of $30 and a maximum of $45.
25                  (I)  Motions  to  vacate  ex  parte  judgments,
26             whenever  filed,  a  minimum of $30 and a maximum of
27             $45.
28                  (J)  Motions to vacate judgment on forfeitures,
29             whenever filed, a minimum of $25 and  a  maximum  of
30             $30.
31                  (K)  Motions  to  vacate "failure to appear" or
32             "failure to comply" notices sent to the Secretary of
33             State, a minimum of $40 and a maximum of $50.
34             (2)  In counties having a population of 3,000,000 or
 
                            -25-     LRB093 04213 MBS 04258 b
 1        more,  when  the  violation  complaint  is  issued  by  a
 2        municipal police department, the clerk shall be  entitled
 3        to costs from each person convicted therein as follows:
 4                  (A)  Minor  traffic  or  ordinance  violations,
 5             $30.
 6                  (B)  When court appearance required, $50.
 7             (3)  In ordinance violation cases punishable by fine
 8        only, the clerk of the circuit court shall be entitled to
 9        receive,  unless the fee is excused upon a finding by the
10        court that the defendant  is  indigent,  in  addition  to
11        other fees or costs allowed or imposed by law, the sum of
12        a  minimum  of $112.50 and a maximum of $250 as a fee for
13        the services of a jury.  The jury fee shall  be  paid  by
14        the  defendant  at  the  time  of  filing his or her jury
15        demand.  If the fee is not so paid by the  defendant,  no
16        jury  shall be called, and the case shall be tried by the
17        court without a jury.
18    (x)  Transcripts of Judgment.
19             For the filing of  a  transcript  of  judgment,  the
20        clerk shall be entitled to the same fee as if it were the
21        commencement of a new suit.
22    (y)  Change of Venue.
23             (1)  For  the filing of a change of case on a change
24        of venue, the clerk shall be entitled to the same fee  as
25        if it were the commencement of a new suit.
26             (2)  The  fee  for the preparation and certification
27        of a record on a change of venue to another jurisdiction,
28        when original documents are forwarded, a minimum  of  $40
29        and a maximum of $65.
30    (z)  Tax objection complaints.
31             For  each  tax objection complaint containing one or
32        more tax objections, regardless of the number of  parcels
33        involved  or  the  number  of  taxpayers  joining  in the
34        complaint, a minimum of $50 and a maximum of $100.
 
                            -26-     LRB093 04213 MBS 04258 b
 1    (aa)  Tax Deeds.
 2             (1)  Petition for tax deed, if only  one  parcel  is
 3        involved, a minimum of $250 and a maximum of $400.
 4             (2)  For  each  additional  parcel,  add  a fee of a
 5        minimum of $100 and a maximum of $200.
 6    (bb)  Collections.
 7             (1)  For all collections made of others, except  the
 8        State  and  county  and  except  in  maintenance or child
 9        support  cases,  a  sum  equal  to  3.0%  of  the  amount
10        collected and turned over.
11             (2)  Interest earned on any funds held by the  clerk
12        shall  be  turned  over  to the county general fund as an
13        earning of the office.
14             (3)  For any check, draft, or other bank  instrument
15        returned  to  the clerk for non-sufficient funds, account
16        closed, or payment stopped, $25.
17             (4)  In child support  and  maintenance  cases,  the
18        clerk, if authorized by an ordinance of the county board,
19        may  collect  an  annual fee of up to $36 from the person
20        making payment for maintaining child support records  and
21        the processing of support orders to the State of Illinois
22        KIDS  system  and the recording of payments issued by the
23        State Disbursement Unit for the official  record  of  the
24        Court.   This  fee  shall  be in addition to and separate
25        from amounts ordered to be paid as maintenance  or  child
26        support   and   shall   be   deposited  into  a  Separate
27        Maintenance and Child Support Collection Fund,  of  which
28        the  clerk shall be the custodian, ex-officio, to be used
29        by the clerk to maintain child support orders and  record
30        all  payments  issued  by the State Disbursement Unit for
31        the official record of the Court.  The clerk may  recover
32        from  the  person making the maintenance or child support
33        payment any additional cost incurred in the collection of
34        this annual fee.
 
                            -27-     LRB093 04213 MBS 04258 b
 1             The clerk shall also be entitled to a fee of $5  for
 2        certifications made to the Secretary of State as provided
 3        in  Section  7-703 of the Family Financial Responsibility
 4        Law and these fees  shall  also  be  deposited  into  the
 5        Separate Maintenance and Child Support Collection Fund.
 6    (cc)  Corrections of Numbers.
 7             For  correction  of  the case number, case title, or
 8        attorney computer identification number, if  required  by
 9        rule  of  court,  on  any  document  filed in the clerk's
10        office, to be charged against the party  that  filed  the
11        document, a minimum of $25 and a maximum of $40.
12    (dd)  Exceptions.
13             (1)  The  fee requirements of this Section shall not
14        apply to police  departments  or  other  law  enforcement
15        agencies.   In  this  Section,  "law  enforcement agency"
16        means  an  agency  of  the  State  or  a  unit  of  local
17        government which is vested by law or ordinance  with  the
18        duty  to  maintain  public  order and to enforce criminal
19        laws or ordinances.  "Law enforcement agency" also  means
20        the Attorney General or any state's attorney.
21             (2)  No  fee provided herein shall be charged to any
22        unit of local government  or  school  district.  The  fee
23        requirements  of  this  Section  shall  not  apply to any
24        action instituted under subsection (b) of Section 11-31-1
25        of the Illinois Municipal Code  by  a  private  owner  or
26        tenant  of  real property within 1200 feet of a dangerous
27        or unsafe building seeking an order compelling the  owner
28        or  owners  of  the  building  to take any of the actions
29        authorized under that subsection.
30    (ee)  Adoption.
31             (1)  For an adoption.............................$65
32             (2)  Upon good cause shown, the court may waive  the
33        adoption  filing  fee  in  a special needs adoption.  The
34        term "special needs  adoption"  shall  have  the  meaning
 
                            -28-     LRB093 04213 MBS 04258 b
 1        ascribed to it by the Illinois Department of Children and
 2        Family Services.
 3    (ff)  Adoption exemptions.
 4             No  fee other than that set forth in subsection (ee)
 5        shall be charged to any  person  in  connection  with  an
 6        adoption proceeding.
 7    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
 8    91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)