HB3393 Engrossed LRB095 09193 WGH 32137 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 State Finance Act is amended by adding
5 Sections 5.675, 5.676, 6z-69, and 6z-70 and changing Section 8h
6 as follows:
 
7     (30 ILCS 105/5.675 new)
8     Sec. 5.675. The Married Families Domestic Violence Fund.
 
9     (30 ILCS 105/5.676 new)
10     Sec. 5.676. The Domestic Violence Legal Assistance Fund.
 
11     (30 ILCS 105/6z-69 new)
12     Sec. 6z-69. Married Families Domestic Violence Fund. The
13 Married Families Domestic Violence Fund is created as a special
14 fund in the State treasury. Subject to appropriation and
15 subject to approval by the Attorney General, the moneys in the
16 Fund shall be paid as grants to public or private nonprofit
17 agencies solely for the purposes of facilitating or providing
18 free domestic violence legal advocacy, assistance, or services
19 to married or formerly married victims of domestic violence
20 related to order of protection proceedings, dissolution of
21 marriage proceedings, declaration of invalidity of marriage

 

 

HB3393 Engrossed - 2 - LRB095 09193 WGH 32137 b

1 proceedings, legal separation proceedings, child custody
2 proceedings, visitation proceedings, or other proceedings for
3 civil remedies for domestic violence. The Attorney General
4 shall adopt rules concerning application for and disbursement
5 of the moneys in the Fund.
 
6     (30 ILCS 105/6z-70 new)
7     Sec. 6z-70. Domestic Violence Legal Assistance Fund. The
8 Domestic Violence Legal Assistance Fund is created as a special
9 fund in the State treasury. Subject to appropriation and
10 subject to approval by the Attorney General, the moneys in the
11 Fund shall be paid as grants to public or private nonprofit
12 agencies solely for the purposes of facilitating or providing
13 free domestic violence legal advocacy, assistance, or services
14 to domestic violence victims related to order of protection
15 proceedings, dissolution of marriage proceedings, declaration
16 of invalidity of marriage proceedings, legal separation
17 proceedings, child custody proceedings, visitation
18 proceedings, or other proceedings for civil remedies for
19 domestic violence. The Attorney General shall adopt rules
20 concerning application for and disbursement of the moneys in
21 the Fund.
 
22     (30 ILCS 105/8h)
23     Sec. 8h. Transfers to General Revenue Fund.
24     (a) Except as otherwise provided in this Section and

 

 

HB3393 Engrossed - 3 - LRB095 09193 WGH 32137 b

1 Section 8n of this Act, and (c), (d), or (e), notwithstanding
2 any other State law to the contrary, the Governor may, through
3 June 30, 2007, from time to time direct the State Treasurer and
4 Comptroller to transfer a specified sum from any fund held by
5 the State Treasurer to the General Revenue Fund in order to
6 help defray the State's operating costs for the fiscal year.
7 The total transfer under this Section from any fund in any
8 fiscal year shall not exceed the lesser of (i) 8% of the
9 revenues to be deposited into the fund during that fiscal year
10 or (ii) an amount that leaves a remaining fund balance of 25%
11 of the July 1 fund balance of that fiscal year. In fiscal year
12 2005 only, prior to calculating the July 1, 2004 final
13 balances, the Governor may calculate and direct the State
14 Treasurer with the Comptroller to transfer additional amounts
15 determined by applying the formula authorized in Public Act
16 93-839 to the funds balances on July 1, 2003. No transfer may
17 be made from a fund under this Section that would have the
18 effect of reducing the available balance in the fund to an
19 amount less than the amount remaining unexpended and unreserved
20 from the total appropriation from that fund estimated to be
21 expended for that fiscal year. This Section does not apply to
22 any funds that are restricted by federal law to a specific use,
23 to any funds in the Motor Fuel Tax Fund, the Intercity
24 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
25 Provider Relief Fund, the Teacher Health Insurance Security
26 Fund, the Reviewing Court Alternative Dispute Resolution Fund,

 

 

HB3393 Engrossed - 4 - LRB095 09193 WGH 32137 b

1 the Voters' Guide Fund, the Foreign Language Interpreter Fund,
2 the Lawyers' Assistance Program Fund, the Supreme Court Federal
3 Projects Fund, the Supreme Court Special State Projects Fund,
4 the Supplemental Low-Income Energy Assistance Fund, the Good
5 Samaritan Energy Trust Fund, the Low-Level Radioactive Waste
6 Facility Development and Operation Fund, the Horse Racing
7 Equity Trust Fund, or the Hospital Basic Services Preservation
8 Fund, or to any funds to which subsection (f) of Section 20-40
9 of the Nursing and Advanced Practice Nursing Act applies. No
10 transfers may be made under this Section from the Pet
11 Population Control Fund. Notwithstanding any other provision
12 of this Section, for fiscal year 2004, the total transfer under
13 this Section from the Road Fund or the State Construction
14 Account Fund shall not exceed the lesser of (i) 5% of the
15 revenues to be deposited into the fund during that fiscal year
16 or (ii) 25% of the beginning balance in the fund. For fiscal
17 year 2005 through fiscal year 2007, no amounts may be
18 transferred under this Section from the Road Fund, the State
19 Construction Account Fund, the Criminal Justice Information
20 Systems Trust Fund, the Wireless Service Emergency Fund, or the
21 Mandatory Arbitration Fund.
22     In determining the available balance in a fund, the
23 Governor may include receipts, transfers into the fund, and
24 other resources anticipated to be available in the fund in that
25 fiscal year.
26     The State Treasurer and Comptroller shall transfer the

 

 

HB3393 Engrossed - 5 - LRB095 09193 WGH 32137 b

1 amounts designated under this Section as soon as may be
2 practicable after receiving the direction to transfer from the
3 Governor.
4     (a-5) Transfers directed to be made under this Section on
5 or before February 28, 2006 that are still pending on May 19,
6 2006 (the effective date of Public Act 94-774) this amendatory
7 Act of the 94th General Assembly shall be redirected as
8 provided in Section 8n of this Act.
9     (b) This Section does not apply to: (i) the Ticket For The
10 Cure Fund; (ii) any fund established under the Community Senior
11 Services and Resources Act; or (iii) on or after January 1,
12 2006 (the effective date of Public Act 94-511), the Child Labor
13 and Day and Temporary Labor Enforcement Fund.
14     (c) This Section does not apply to the Demutualization
15 Trust Fund established under the Uniform Disposition of
16 Unclaimed Property Act.
17     (d) This Section does not apply to moneys set aside in the
18 Illinois State Podiatric Disciplinary Fund for podiatric
19 scholarships and residency programs under the Podiatric
20 Scholarship and Residency Act.
21     (e) Subsection (a) does not apply to, and no transfer may
22 be made under this Section from, the Pension Stabilization
23 Fund.
24     (f) This Section does not apply to the Married Families
25 Domestic Violence Fund or the Domestic Violence Legal
26 Assistance Fund.

 

 

HB3393 Engrossed - 6 - LRB095 09193 WGH 32137 b

1 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
2 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
3 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
4 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
5 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
6 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
7 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff.
8 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839,
9 eff. 6-6-06; revised 6-19-06.)
 
10     Section 10. The Counties Code is amended by changing
11 Sections 4-4001 and 4-12003 as follows:
 
12     (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
13     Sec. 4-4001. County Clerks; counties of first and second
14 class. The fees of the county clerk in counties of the first
15 and second class, except when increased by county ordinance
16 pursuant to the provisions of this Section, shall be:
17     For each official copy of any process, file, record or
18 other instrument of and pertaining to his office, 50 for each
19 100 words, and $1 additional for certifying and sealing the
20 same.
21     For filing any paper not herein otherwise provided for, $1,
22 except that no fee shall be charged for filing a Statement of
23 economic interest pursuant to the Illinois Governmental Ethics
24 Act or reports made pursuant to Article 9 of The Election Code.

 

 

HB3393 Engrossed - 7 - LRB095 09193 WGH 32137 b

1     For issuance of fireworks permits, $2.
2     For issuance of liquor licenses, $5.
3     For filing and recording of the appointment and oath of
4 each public official, $3.
5     For officially certifying and sealing each copy of any
6 process, file, record or other instrument of and pertaining to
7 his office, $1.
8     For swearing any person to an affidavit, $1.
9     For issuing each license in all matters except where the
10 fee for the issuance thereof is otherwise fixed, $4.
11     For issuing each marriage license, the certificate
12 thereof, and for recording the same, including the recording of
13 the parent's or guardian's consent where indicated, $20 $15. $5
14 from all marriage license fees shall be remitted by the clerk
15 to the State Treasurer for deposit into the Married Families
16 Domestic Violence Fund.
17     For taking and certifying acknowledgments to any
18 instrument, except where herein otherwise provided for, $1.
19     For issuing each certificate of appointment or commission,
20 the fee for which is not otherwise fixed by law, $1.
21     For cancelling tax sale and issuing and sealing
22 certificates of redemption, $3.
23     For issuing order to county treasurer for redemption of
24 forfeited tax, $2.
25     For trying and sealing weights and measures by county
26 standard, together with all actual expenses in connection

 

 

HB3393 Engrossed - 8 - LRB095 09193 WGH 32137 b

1 therewith, $1.
2     For services in case of estrays, $2.
3     The following fees shall be allowed for services attending
4 the sale of land for taxes, and shall be charged as costs
5 against the delinquent property and be collected with the taxes
6 thereon:
7     For services in attending the tax sale and issuing
8 certificate of sale and sealing the same, for each tract or
9 town lot sold, $4.
10     For making list of delinquent lands and town lots sold, to
11 be filed with the Comptroller, for each tract or town lot sold,
12 10.
13     The foregoing fees allowed by this Section are the maximum
14 fees that may be collected from any officer, agency, department
15 or other instrumentality of the State. The county board may,
16 however, by ordinance, increase the fees allowed by this
17 Section and collect such increased fees from all persons and
18 entities other than officers, agencies, departments and other
19 instrumentalities of the State if the increase is justified by
20 an acceptable cost study showing that the fees allowed by this
21 Section are not sufficient to cover the cost of providing the
22 service.
23     A Statement of the costs of providing each service, program
24 and activity shall be prepared by the county board. All
25 supporting documents shall be public record and subject to
26 public examination and audit. All direct and indirect costs, as

 

 

HB3393 Engrossed - 9 - LRB095 09193 WGH 32137 b

1 defined in the United States Office of Management and Budget
2 Circular A-87, may be included in the determination of the
3 costs of each service, program and activity.
4     The county clerk in all cases may demand and receive the
5 payment of all fees for services in advance so far as the same
6 can be ascertained.
7     The county board of any county of the first or second class
8 may by ordinance authorize the county clerk to impose an
9 additional $2 charge for certified copies of vital records as
10 defined in Section 1 of the Vital Records Act, for the sole
11 purpose of defraying the cost of converting the county clerk's
12 document storage system for vital records as defined in Section
13 1 of the Vital Records Act to computers or micrographics, and
14 for maintaining such system.
15     The county board of any county of the first or second class
16 may by ordinance authorize the county treasurer to establish a
17 special fund for deposit of the additional charge. Moneys in
18 the special fund shall be used solely to provide the equipment,
19 material and necessary expenses incurred to help defray the
20 cost of implementing and maintaining such document storage
21 system.
22 (Source: P.A. 86-962.)
 
23     (55 ILCS 5/4-12003)  (from Ch. 34, par. 4-12003)
24     Sec. 4-12003. Fees of county clerk in third class counties.
25 The fees of the county clerk in counties of the third class

 

 

HB3393 Engrossed - 10 - LRB095 09193 WGH 32137 b

1 are:
2     For issuing each marriage license, sealing, filing and
3 recording the same and the certificate thereto (one charge),
4 $35 $30. $5 from all marriage license fees shall be remitted by
5 the clerk to the State Treasurer for deposit into the Married
6 Families Domestic Violence Fund.
7     For taking, certifying to and sealing the acknowledgment of
8 a deed, power of attorney, or other writing, $1.
9     For filing and entering certificates in case of estrays,
10 and furnishing notices for publication thereof (one charge),
11 $1.50.
12     For recording all papers and documents required by law to
13 be recorded in the office of the county clerk, $2 plus 30 for
14 every 100 words in excess of 600 words.
15     For certificate and seal, not in a case in a court whereof
16 he is clerk, $1.
17     For making and certifying a copy of any record or paper in
18 his office, $2 for every page.
19     For filing papers in his office, 50 for each paper filed,
20 except that no fee shall be charged for filing a Statement of
21 economic interest pursuant to the Illinois Governmental Ethics
22 Act or reports made pursuant to Article 9 of The Election Code.
23     For making transcript of taxable property for the
24 assessors, 8 for each tract of land or town lot. For extending
25 other than State and county taxes, 8 for each tax on each
26 tract or lot, and 8 for each person's personal tax, to be paid

 

 

HB3393 Engrossed - 11 - LRB095 09193 WGH 32137 b

1 by the authority for whose benefit the transcript is made and
2 the taxes extended. The county clerk shall certify to the
3 county collector the amount due from each authority for such
4 services and the collector in his settlement with such
5 authority shall reserve such amount from the amount payable by
6 him to such authority.
7     For adding and bringing forward with current tax warrants
8 amounts due for forfeited or withdrawn special assessments, 8
9 for each lot or tract of land described and transcribed.
10     For computing and extending each assessment or installment
11 thereof and interest, 8 on each description; and for computing
12 and extending each penalty, 8 on each description. These fees
13 shall be paid by the city, village, or taxing body for whose
14 benefit the transcript is made and the assessment and penalties
15 are extended. The county clerk shall certify to the county
16 collector the amount due from each city, village or taxing
17 body, for such services, and the collector in his settlement
18 with such taxing body shall reserve such amount from the amount
19 payable by him to such city, village or other taxing body.
20     For cancelling certificates of sale, $4 for each tract or
21 lot.
22     For making search and report of general taxes and special
23 assessments for use in the preparation of estimate of cost of
24 redemption from sales or forfeitures or withdrawals or for use
25 in the preparation of estimate of cost of purchase of forfeited
26 property, or for use in preparation of order on the county

 

 

HB3393 Engrossed - 12 - LRB095 09193 WGH 32137 b

1 collector for searches requested by buyers at annual tax sale,
2 for each lot or tract, $4 for the first year searched, and $2
3 for each additional year or fraction thereof.
4     For preparing from tax search report estimate of cost of
5 redemption concerning property sold, forfeited or withdrawn
6 for non-payment of general taxes and special assessments, if
7 any, $1 for each lot or tract.
8     For certificate of deposit for redemption, $4.
9     For preparing from tax search report estimate of and order
10 to county collector to receive amount necessary to redeem or
11 purchase lands or lots forfeited for non-payment of general
12 taxes, $3 for each lot or tract.
13     For preparing from tax search report estimate of and order
14 to county collector to receive amount necessary to redeem or
15 purchase lands or lots forfeited for non-payment of special
16 assessments, $4 for each lot or tract.
17     For issuing certificate of sale of forfeited property, $10.
18     For noting on collector's warrants tax sales subject to
19 redemption, 20 for each tract or lot of land, to be paid by
20 either the person making the redemption from tax sale, the
21 person surrendering the certificate of sale for cancellation,
22 or the person taking out tax deed.
23     For noting on collector's warrant special assessments
24 withdrawn from collection 20 for each tract or lot of land, to
25 be charged against the lot assessed in the withdrawn special
26 assessment when brought forward with current tax or when

 

 

HB3393 Engrossed - 13 - LRB095 09193 WGH 32137 b

1 redeemed by the county clerk. The county clerk shall certify to
2 the county collector the amount due from each city, village or
3 taxing body for such fees, each year, and the county collector
4 in his settlement with such taxing body shall reserve such
5 amount from the amount payable by him to such taxing body.
6     For taking and approving official bond of a town assessor,
7 filing and recording same, and issuing certificate of election
8 or qualification to such official or to the Secretary of State,
9 $10, to be paid by the officer-elect.
10     For certified copies of plats, 20 for each lot shown in
11 copy, but no charge less than $4.
12     For tax search and issuing Statement regarding same on new
13 plats to be recorded, $10.
14     For furnishing written description in conformity with
15 permanent real estate index number, $2 for each written
16 description.
17     The following fees shall be allowed for services in matters
18 of taxes and assessments, and shall be charged as costs against
19 the delinquent property, and collected with the taxes thereon:
20     For entering judgment, 8 for each tract or lot.
21     For services in attending the tax sale and issuing
22 certificates of sale and sealing the same, $10 for each tract
23 or lot.
24     For making list of delinquent lands and town lots sold, to
25 be filed with the State Comptroller, 10 for each tract or lot
26 sold.

 

 

HB3393 Engrossed - 14 - LRB095 09193 WGH 32137 b

1     The following fees shall be audited and allowed by the
2 board of county commissioners and paid from the county
3 treasury.
4     For computing State or county taxes, on each description of
5 real estate and each person's, firm's or corporation's personal
6 property tax, for each extension of each tax, 4, which shall
7 include the transcribing of the collector's books.
8     For computing, extending and bringing forward, and adding
9 to the current tax, the amount due for general taxes on lands
10 and lots previously forfeited to the State, for each extension
11 of each tax, 4 for the first year, and for computing and
12 extending the tax and penalty for each additional year, 6.
13     For making duplicate or triplicate sets of books,
14 containing transcripts of taxable property, for the board of
15 assessors and board of review, 3 for each description entered
16 in each book.
17     For filing, indexing and recording or binding each birth,
18 death or stillbirth certificate or report, 15, which fee shall
19 be in full for all services in connection therewith, including
20 the keeping of accounts with district registrars.
21     For posting new subdivisions or plats in official atlases,
22 25 for each lot.
23     For compiling new sheets for atlases, 20 for each lot.
24     For compiling new atlases, including necessary record
25 searches, 25 for each lot.
26     For investigating and reporting on each new plat, referred

 

 

HB3393 Engrossed - 15 - LRB095 09193 WGH 32137 b

1 to county clerk, $2.
2     For attending sessions of the board of county commissioners
3 thereof, $5 per day, for each clerk in attendance.
4     For recording proceedings of the board of county
5 commissioners, 15 per 100 words.
6     For filing papers which must be kept in office of
7 comptroller of Cook County, 10 for each paper filed.
8     For filing and indexing contracts, bonds, communications,
9 and other such papers which must be kept in office of
10 comptroller of Cook County, 15 for each document.
11     For swearing any person to necessary affidavits relating to
12 the correctness of claims against the county, 25.
13     For issuing warrants in payment of salaries, supplies and
14 other accounts, and all necessary auditing and bookkeeping work
15 in connection therewith, 10 each.
16     The fee requirements of this Section do not apply to units
17 of local government or school districts.
18 (Source: P.A. 86-962; 87-669.)
 
19     Section 15. The Clerks of Courts Act is amended by changing
20 Sections 27.1a, 27.2, and 27.2a as follows:
 
21     (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
22     Sec. 27.1a. The fees of the clerks of the circuit court in
23 all counties having a population of not more than 500,000
24 inhabitants in the instances described in this Section shall be

 

 

HB3393 Engrossed - 16 - LRB095 09193 WGH 32137 b

1 as provided in this Section. In those instances where a minimum
2 and maximum fee is stated, the clerk of the circuit court must
3 charge the minimum fee listed and may charge up to the maximum
4 fee if the county board has by resolution increased the fee.
5 The fees shall be paid in advance and shall be as follows:
6 (a) Civil Cases.
7         The fee for filing a complaint, petition, or other
8     pleading initiating a civil action, with the following
9     exceptions, shall be a minimum of $45 $40 and a maximum of
10     $165 $160. $5 from all filing fees collected under this
11     subsection (a), except for those listed in paragraphs (A)
12     through (E), shall be remitted by the clerk to the State
13     Treasurer for deposit into the Domestic Violence Legal
14     Assistance Trust Fund.
15             (A) When the amount of money or damages or the
16         value of personal property claimed does not exceed
17         $250, $10.
18             (B) When that amount exceeds $250 but does not
19         exceed $500, a minimum of $10 and a maximum of $20.
20             (C) When that amount exceeds $500 but does not
21         exceed $2500, a minimum of $25 and a maximum of $40.
22             (D) When that amount exceeds $2500 but does not
23         exceed $15,000, a minimum of $25 and a maximum of $75.
24             (E) For the exercise of eminent domain, a minimum
25         of $45 and a maximum of $150. For each additional lot
26         or tract of land or right or interest therein subject

 

 

HB3393 Engrossed - 17 - LRB095 09193 WGH 32137 b

1         to be condemned, the damages in respect to which shall
2         require separate assessment by a jury, a minimum of $45
3         and a maximum of $150.
4 (a-1) Family.
5         For filing a petition under the Juvenile Court Act of
6     1987, $25.
7         For filing a petition for a marriage license, $10.
8         For performing a marriage in court, $10.
9         For filing a petition under the Illinois Parentage Act
10     of 1984, $40.
11 (b) Forcible Entry and Detainer.
12         In each forcible entry and detainer case when the
13     plaintiff seeks possession only or unites with his or her
14     claim for possession of the property a claim for rent or
15     damages or both in the amount of $15,000 or less, a minimum
16     of $10 and a maximum of $50. When the plaintiff unites his
17     or her claim for possession with a claim for rent or
18     damages or both exceeding $15,000, a minimum of $40 and a
19     maximum of $160.
20 (c) Counterclaim or Joining Third Party Defendant.
21         When any defendant files a counterclaim as part of his
22     or her answer or otherwise or joins another party as a
23     third party defendant, or both, the defendant shall pay a
24     fee for each counterclaim or third party action in an
25     amount equal to the fee he or she would have had to pay had
26     he or she brought a separate action for the relief sought

 

 

HB3393 Engrossed - 18 - LRB095 09193 WGH 32137 b

1     in the counterclaim or against the third party defendant,
2     less the amount of the appearance fee, if that has been
3     paid.
4 (d) Confession of Judgment.
5         In a confession of judgment when the amount does not
6     exceed $1500, a minimum of $20 and a maximum of $50. When
7     the amount exceeds $1500, but does not exceed $15,000, a
8     minimum of $40 and a maximum of $115. When the amount
9     exceeds $15,000, a minimum of $40 and a maximum of $200.
10 (e) Appearance.
11         The fee for filing an appearance in each civil case
12     shall be a minimum of $15 and a maximum of $60, except as
13     follows:
14             (A) When the plaintiff in a forcible entry and
15         detainer case seeks possession only, a minimum of $10
16         and a maximum of $50.
17             (B) When the amount in the case does not exceed
18         $1500, a minimum of $10 and a maximum of $30.
19             (C) When that amount exceeds $1500 but does not
20         exceed $15,000, a minimum of $15 and a maximum of $60.
21 (f) Garnishment, Wage Deduction, and Citation.
22         In garnishment affidavit, wage deduction affidavit,
23     and citation petition when the amount does not exceed
24     $1,000, a minimum of $5 and a maximum of $15; when the
25     amount exceeds $1,000 but does not exceed $5,000, a minimum
26     of $5 and a maximum of $30; and when the amount exceeds

 

 

HB3393 Engrossed - 19 - LRB095 09193 WGH 32137 b

1     $5,000, a minimum of $5 and a maximum of $50.
2 (g) Petition to Vacate or Modify.
3         (1) Petition to vacate or modify any final judgment or
4     order of court, except in forcible entry and detainer cases
5     and small claims cases or a petition to reopen an estate,
6     to modify, terminate, or enforce a judgment or order for
7     child or spousal support, or to modify, suspend, or
8     terminate an order for withholding, if filed before 30 days
9     after the entry of the judgment or order, a minimum of $20
10     and a maximum of $50.
11         (2) Petition to vacate or modify any final judgment or
12     order of court, except a petition to modify, terminate, or
13     enforce a judgment or order for child or spousal support or
14     to modify, suspend, or terminate an order for withholding,
15     if filed later than 30 days after the entry of the judgment
16     or order, a minimum of $20 and a maximum of $75.
17         (3) Petition to vacate order of bond forfeiture, a
18     minimum of $10 and a maximum of $40.
19 (h) Mailing.
20         When the clerk is required to mail, the fee will be a
21     minimum of $2 and a maximum of $10, plus the cost of
22     postage.
23 (i) Certified Copies.
24         Each certified copy of a judgment after the first,
25     except in small claims and forcible entry and detainer
26     cases, a minimum of $2 and a maximum of $10.

 

 

HB3393 Engrossed - 20 - LRB095 09193 WGH 32137 b

1 (j) Habeas Corpus.
2         For filing a petition for relief by habeas corpus, a
3     minimum of $60 and a maximum of $100.
4 (k) Certification, Authentication, and Reproduction.
5         (1) Each certification or authentication for taking
6     the acknowledgment of a deed or other instrument in writing
7     with the seal of office, a minimum of $2 and a maximum of
8     $6.
9         (2) Court appeals when original documents are
10     forwarded, under 100 pages, plus delivery and costs, a
11     minimum of $20 and a maximum of $60.
12         (3) Court appeals when original documents are
13     forwarded, over 100 pages, plus delivery and costs, a
14     minimum of $50 and a maximum of $150.
15         (4) Court appeals when original documents are
16     forwarded, over 200 pages, an additional fee of a minimum
17     of 20 cents and a maximum of 25 cents per page.
18         (5) For reproduction of any document contained in the
19     clerk's files:
20             (A) First page, a minimum of $1 and a maximum of
21         $2.
22             (B) Next 19 pages, 50 cents per page.
23             (C) All remaining pages, 25 cents per page.
24 (l) Remands.
25         In any cases remanded to the Circuit Court from the
26     Supreme Court or the Appellate Court for a new trial, the

 

 

HB3393 Engrossed - 21 - LRB095 09193 WGH 32137 b

1     clerk shall file the remanding order and reinstate the case
2     with either its original number or a new number. The Clerk
3     shall not charge any new or additional fee for the
4     reinstatement. Upon reinstatement the Clerk shall advise
5     the parties of the reinstatement. A party shall have the
6     same right to a jury trial on remand and reinstatement as
7     he or she had before the appeal, and no additional or new
8     fee or charge shall be made for a jury trial after remand.
9 (m) Record Search.
10         For each record search, within a division or municipal
11     district, the clerk shall be entitled to a search fee of a
12     minimum of $4 and a maximum of $6 for each year searched.
13 (n) Hard Copy.
14         For each page of hard copy print output, when case
15     records are maintained on an automated medium, the clerk
16     shall be entitled to a fee of a minimum of $4 and a maximum
17     of $6.
18 (o) Index Inquiry and Other Records.
19         No fee shall be charged for a single
20     plaintiff/defendant index inquiry or single case record
21     inquiry when this request is made in person and the records
22     are maintained in a current automated medium, and when no
23     hard copy print output is requested. The fees to be charged
24     for management records, multiple case records, and
25     multiple journal records may be specified by the Chief
26     Judge pursuant to the guidelines for access and

 

 

HB3393 Engrossed - 22 - LRB095 09193 WGH 32137 b

1     dissemination of information approved by the Supreme
2     Court.
3 (p) (Blank).
4     a minimum of $25 and a maximum of $50
5 (q) Alias Summons.
6         For each alias summons or citation issued by the clerk,
7     a minimum of $2 and a maximum of $5.
8 (r) Other Fees.
9         Any fees not covered in this Section shall be set by
10     rule or administrative order of the Circuit Court with the
11     approval of the Administrative Office of the Illinois
12     Courts.
13         The clerk of the circuit court may provide additional
14     services for which there is no fee specified by statute in
15     connection with the operation of the clerk's office as may
16     be requested by the public and agreed to by the clerk and
17     approved by the chief judge of the circuit court. Any
18     charges for additional services shall be as agreed to
19     between the clerk and the party making the request and
20     approved by the chief judge of the circuit court. Nothing
21     in this subsection shall be construed to require any clerk
22     to provide any service not otherwise required by law.
23 (s) Jury Services.
24         The clerk shall be entitled to receive, in addition to
25     other fees allowed by law, the sum of a minimum of $62.50
26     and a maximum of $212.50, as a fee for the services of a

 

 

HB3393 Engrossed - 23 - LRB095 09193 WGH 32137 b

1     jury in every civil action not quasi-criminal in its nature
2     and not a proceeding for the exercise of the right of
3     eminent domain and in every other action wherein the right
4     of trial by jury is or may be given by law. The jury fee
5     shall be paid by the party demanding a jury at the time of
6     filing the jury demand. If the fee is not paid by either
7     party, no jury shall be called in the action or proceeding,
8     and the same shall be tried by the court without a jury.
9 (t) Voluntary Assignment.
10         For filing each deed of voluntary assignment, a minimum
11     of $10 and a maximum of $20; for recording the same, a
12     minimum of 25 cents and a maximum of 50 cents for each 100
13     words. Exceptions filed to claims presented to an assignee
14     of a debtor who has made a voluntary assignment for the
15     benefit of creditors shall be considered and treated, for
16     the purpose of taxing costs therein, as actions in which
17     the party or parties filing the exceptions shall be
18     considered as party or parties plaintiff, and the claimant
19     or claimants as party or parties defendant, and those
20     parties respectively shall pay to the clerk the same fees
21     as provided by this Section to be paid in other actions.
22 (u) Expungement Petition.
23         The clerk shall be entitled to receive a fee of a
24     minimum of $15 and a maximum of $60 for each expungement
25     petition filed and an additional fee of a minimum of $2 and
26     a maximum of $4 for each certified copy of an order to

 

 

HB3393 Engrossed - 24 - LRB095 09193 WGH 32137 b

1     expunge arrest records.
2 (v) Probate.
3         The clerk is entitled to receive the fees specified in
4     this subsection (v), which shall be paid in advance, except
5     that, for good cause shown, the court may suspend, reduce,
6     or release the costs payable under this subsection:
7         (1) For administration of the estate of a decedent
8     (whether testate or intestate) or of a missing person, a
9     minimum of $50 and a maximum of $150, plus the fees
10     specified in subsection (v)(3), except:
11             (A) When the value of the real and personal
12         property does not exceed $15,000, the fee shall be a
13         minimum of $25 and a maximum of $40.
14             (B) When (i) proof of heirship alone is made, (ii)
15         a domestic or foreign will is admitted to probate
16         without administration (including proof of heirship),
17         or (iii) letters of office are issued for a particular
18         purpose without administration of the estate, the fee
19         shall be a minimum of $10 and a maximum of $40.
20             (C) For filing a petition to sell Real Estate, $50.
21         (2) For administration of the estate of a ward, a
22     minimum of $50 and a maximum of $75, plus the fees
23     specified in subsection (v)(3), except:
24             (A) When the value of the real and personal
25         property does not exceed $15,000, the fee shall be a
26         minimum of $25 and a maximum of $40.

 

 

HB3393 Engrossed - 25 - LRB095 09193 WGH 32137 b

1             (B) When (i) letters of office are issued to a
2         guardian of the person or persons, but not of the
3         estate or (ii) letters of office are issued in the
4         estate of a ward without administration of the estate,
5         including filing or joining in the filing of a tax
6         return or releasing a mortgage or consenting to the
7         marriage of the ward, the fee shall be a minimum of $10
8         and a maximum of $20.
9             (C) For filing a Petition to sell Real Estate, $50.
10         (3) In addition to the fees payable under subsection
11     (v)(1) or (v)(2) of this Section, the following fees are
12     payable:
13             (A) For each account (other than one final account)
14         filed in the estate of a decedent, or ward, a minimum
15         of $10 and a maximum of $25.
16             (B) For filing a claim in an estate when the amount
17         claimed is $150 or more but less than $500, a minimum
18         of $10 and a maximum of $25; when the amount claimed is
19         $500 or more but less than $10,000, a minimum of $10
20         and a maximum of $40; when the amount claimed is
21         $10,000 or more, a minimum of $10 and a maximum of $60;
22         provided that the court in allowing a claim may add to
23         the amount allowed the filing fee paid by the claimant.
24             (C) For filing in an estate a claim, petition, or
25         supplemental proceeding based upon an action seeking
26         equitable relief including the construction or contest

 

 

HB3393 Engrossed - 26 - LRB095 09193 WGH 32137 b

1         of a will, enforcement of a contract to make a will,
2         and proceedings involving testamentary trusts or the
3         appointment of testamentary trustees, a minimum of $40
4         and a maximum of $60.
5             (D) For filing in an estate (i) the appearance of
6         any person for the purpose of consent or (ii) the
7         appearance of an executor, administrator,
8         administrator to collect, guardian, guardian ad litem,
9         or special administrator, no fee.
10             (E) Except as provided in subsection (v)(3)(D),
11         for filing the appearance of any person or persons, a
12         minimum of $10 and a maximum of $30.
13             (F) For each jury demand, a minimum of $62.50 and a
14         maximum of $137.50.
15             (G) For disposition of the collection of a judgment
16         or settlement of an action or claim for wrongful death
17         of a decedent or of any cause of action of a ward, when
18         there is no other administration of the estate, a
19         minimum of $30 and a maximum of $50, less any amount
20         paid under subsection (v)(1)(B) or (v)(2)(B) except
21         that if the amount involved does not exceed $5,000, the
22         fee, including any amount paid under subsection
23         (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
24         maximum of $20.
25             (H) For each certified copy of letters of office,
26         of court order or other certification, a minimum of $1

 

 

HB3393 Engrossed - 27 - LRB095 09193 WGH 32137 b

1         and a maximum of $2, plus a minimum of 50 cents and a
2         maximum of $1 per page in excess of 3 pages for the
3         document certified.
4             (I) For each exemplification, a minimum of $1 and a
5         maximum of $2, plus the fee for certification.
6         (4) The executor, administrator, guardian, petitioner,
7     or other interested person or his or her attorney shall pay
8     the cost of publication by the clerk directly to the
9     newspaper.
10         (5) The person on whose behalf a charge is incurred for
11     witness, court reporter, appraiser, or other miscellaneous
12     fee shall pay the same directly to the person entitled
13     thereto.
14         (6) The executor, administrator, guardian, petitioner,
15     or other interested person or his or her attorney shall pay
16     to the clerk all postage charges incurred by the clerk in
17     mailing petitions, orders, notices, or other documents
18     pursuant to the provisions of the Probate Act of 1975.
19 (w) Criminal and Quasi-Criminal Costs and Fees.
20         (1) The clerk shall be entitled to costs in all
21     criminal and quasi-criminal cases from each person
22     convicted or sentenced to supervision therein as follows:
23             (A) Felony complaints, a minimum of $40 and a
24         maximum of $100.
25             (B) Misdemeanor complaints, a minimum of $25 and a
26         maximum of $75.

 

 

HB3393 Engrossed - 28 - LRB095 09193 WGH 32137 b

1             (C) Business offense complaints, a minimum of $25
2         and a maximum of $75.
3             (D) Petty offense complaints, a minimum of $25 and
4         a maximum of $75.
5             (E) Minor traffic or ordinance violations, $10.
6             (F) When court appearance required, $15.
7             (G) Motions to vacate or amend final orders, a
8         minimum of $20 and a maximum of $40.
9             (H) Motions to vacate bond forfeiture orders, a
10         minimum of $20 and a maximum of $40.
11             (I) Motions to vacate ex parte judgments, whenever
12         filed, a minimum of $20 and a maximum of $40.
13             (J) Motions to vacate judgment on forfeitures,
14         whenever filed, a minimum of $20 and a maximum of $40.
15             (K) Motions to vacate "failure to appear" or
16         "failure to comply" notices sent to the Secretary of
17         State, a minimum of $20 and a maximum of $40.
18         (2) In counties having a population of not more than
19     500,000 inhabitants, when the violation complaint is
20     issued by a municipal police department, the clerk shall be
21     entitled to costs from each person convicted therein as
22     follows:
23             (A) Minor traffic or ordinance violations, $10.
24             (B) When court appearance required, $15.
25         (3) In ordinance violation cases punishable by fine
26     only, the clerk of the circuit court shall be entitled to

 

 

HB3393 Engrossed - 29 - LRB095 09193 WGH 32137 b

1     receive, unless the fee is excused upon a finding by the
2     court that the defendant is indigent, in addition to other
3     fees or costs allowed or imposed by law, the sum of a
4     minimum of $62.50 and a maximum of $137.50 as a fee for the
5     services of a jury. The jury fee shall be paid by the
6     defendant at the time of filing his or her jury demand. If
7     the fee is not so paid by the defendant, no jury shall be
8     called, and the case shall be tried by the court without a
9     jury.
10 (x) Transcripts of Judgment.
11         For the filing of a transcript of judgment, the clerk
12     shall be entitled to the same fee as if it were the
13     commencement of a new suit.
14 (y) Change of Venue.
15         (1) For the filing of a change of case on a change of
16     venue, the clerk shall be entitled to the same fee as if it
17     were the commencement of a new suit.
18         (2) The fee for the preparation and certification of a
19     record on a change of venue to another jurisdiction, when
20     original documents are forwarded, a minimum of $10 and a
21     maximum of $40.
22 (z) Tax objection complaints.
23         For each tax objection complaint containing one or more
24     tax objections, regardless of the number of parcels
25     involved or the number of taxpayers joining on the
26     complaint, a minimum of $10 and a maximum of $50.

 

 

HB3393 Engrossed - 30 - LRB095 09193 WGH 32137 b

1 (aa) Tax Deeds.
2         (1) Petition for tax deed, if only one parcel is
3     involved, a minimum of $45 and a maximum of $200.
4         (2) For each additional parcel, add a fee of a minimum
5     of $10 and a maximum of $60.
6 (bb) Collections.
7         (1) For all collections made of others, except the
8     State and county and except in maintenance or child support
9     cases, a sum equal to a minimum of 2% and a maximum of 2.5%
10     of the amount collected and turned over.
11         (2) Interest earned on any funds held by the clerk
12     shall be turned over to the county general fund as an
13     earning of the office.
14         (3) For any check, draft, or other bank instrument
15     returned to the clerk for non-sufficient funds, account
16     closed, or payment stopped, $25.
17         (4) In child support and maintenance cases, the clerk,
18     if authorized by an ordinance of the county board, may
19     collect an annual fee of up to $36 from the person making
20     payment for maintaining child support records and the
21     processing of support orders to the State of Illinois KIDS
22     system and the recording of payments issued by the State
23     Disbursement Unit for the official record of the Court.
24     This fee shall be in addition to and separate from amounts
25     ordered to be paid as maintenance or child support and
26     shall be deposited into a Separate Maintenance and Child

 

 

HB3393 Engrossed - 31 - LRB095 09193 WGH 32137 b

1     Support Collection Fund, of which the clerk shall be the
2     custodian, ex-officio, to be used by the clerk to maintain
3     child support orders and record all payments issued by the
4     State Disbursement Unit for the official record of the
5     Court. The clerk may recover from the person making the
6     maintenance or child support payment any additional cost
7     incurred in the collection of this annual fee.
8         The clerk shall also be entitled to a fee of $5 for
9     certifications made to the Secretary of State as provided
10     in Section 7-703 of the Family Financial Responsibility Law
11     and these fees shall also be deposited into the Separate
12     Maintenance and Child Support Collection Fund.
13 (cc) Corrections of Numbers.
14         For correction of the case number, case title, or
15     attorney computer identification number, if required by
16     rule of court, on any document filed in the clerk's office,
17     to be charged against the party that filed the document, a
18     minimum of $10 and a maximum of $25.
19 (dd) Exceptions.
20         (1) The fee requirements of this Section shall not
21     apply to police departments or other law enforcement
22     agencies. In this Section, "law enforcement agency" means
23     an agency of the State or a unit of local government which
24     is vested by law or ordinance with the duty to maintain
25     public order and to enforce criminal laws or ordinances.
26     "Law enforcement agency" also means the Attorney General or

 

 

HB3393 Engrossed - 32 - LRB095 09193 WGH 32137 b

1     any state's attorney.
2         (2) No fee provided herein shall be charged to any unit
3     of local government or school district.
4         (3) The fee requirements of this Section shall not
5     apply to any action instituted under subsection (b) of
6     Section 11-31-1 of the Illinois Municipal Code by a private
7     owner or tenant of real property within 1200 feet of a
8     dangerous or unsafe building seeking an order compelling
9     the owner or owners of the building to take any of the
10     actions authorized under that subsection.
11         (4) The fee requirements of this Section shall not
12     apply to the filing of any commitment petition or petition
13     for an order authorizing the administration of authorized
14     involuntary treatment in the form of medication under the
15     Mental Health and Developmental Disabilities Code.
16 (ee) Adoptions.
17         (1) For an adoption..............................$65
18         (2) Upon good cause shown, the court may waive the
19     adoption filing fee in a special needs adoption. The term
20     "special needs adoption" shall have the meaning ascribed to
21     it by the Illinois Department of Children and Family
22     Services.
23 (ff) Adoption exemptions.
24         No fee other than that set forth in subsection (ee)
25     shall be charged to any person in connection with an
26     adoption proceeding nor may any fee be charged for

 

 

HB3393 Engrossed - 33 - LRB095 09193 WGH 32137 b

1     proceedings for the appointment of a confidential
2     intermediary under the Adoption Act.
3 (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-39,
4 eff. 7-1-03; 93-385, eff. 7-25-03; 93-573, eff. 8-21-03;
5 revised 9-5-03.)
 
6     (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
7     Sec. 27.2. The fees of the clerks of the circuit court in
8 all counties having a population in excess of 500,000
9 inhabitants but less than 3,000,000 inhabitants in the
10 instances described in this Section shall be as provided in
11 this Section. In those instances where a minimum and maximum
12 fee is stated, counties with more than 500,000 inhabitants but
13 less than 3,000,000 inhabitants must charge the minimum fee
14 listed in this Section and may charge up to the maximum fee if
15 the county board has by resolution increased the fee. In
16 addition, the minimum fees authorized in this Section shall
17 apply to all units of local government and school districts in
18 counties with more than 3,000,000 inhabitants. The fees shall
19 be paid in advance and shall be as follows:
20 (a) Civil Cases.
21         The fee for filing a complaint, petition, or other
22     pleading initiating a civil action, with the following
23     exceptions, shall be a minimum of $155 $150 and a maximum
24     of $195 $190. $5 from all filing fees collected under this
25     subsection (a), except for those listed in paragraphs (A)

 

 

HB3393 Engrossed - 34 - LRB095 09193 WGH 32137 b

1     through (F), shall be remitted by the clerk to the State
2     Treasurer for deposit into the Domestic Violence Legal
3     Assistance Trust Fund.
4             (A) When the amount of money or damages or the
5         value of personal property claimed does not exceed
6         $250, a minimum of $10 and a maximum of $15.
7             (B) When that amount exceeds $250 but does not
8         exceed $1,000, a minimum of $20 and a maximum of $40.
9             (C) When that amount exceeds $1,000 but does not
10         exceed $2500, a minimum of $30 and a maximum of $50.
11             (D) When that amount exceeds $2500 but does not
12         exceed $5,000, a minimum of $75 and a maximum of $100.
13             (D-5) When the amount exceeds $5,000 but does not
14         exceed $15,000, a minimum of $75 and a maximum of $150.
15             (E) For the exercise of eminent domain, $150. For
16         each additional lot or tract of land or right or
17         interest therein subject to be condemned, the damages
18         in respect to which shall require separate assessment
19         by a jury, $150.
20             (F) No fees shall be charged by the clerk to a
21         petitioner in any order of protection including, but
22         not limited to, filing, modifying, withdrawing,
23         certifying, or photocopying petitions for orders of
24         protection, or for issuing alias summons, or for any
25         related filing service, certifying, modifying,
26         vacating, or photocopying any orders of protection.

 

 

HB3393 Engrossed - 35 - LRB095 09193 WGH 32137 b

1 (b) Forcible Entry and Detainer.
2         In each forcible entry and detainer case when the
3     plaintiff seeks possession only or unites with his or her
4     claim for possession of the property a claim for rent or
5     damages or both in the amount of $15,000 or less, a minimum
6     of $40 and a maximum of $75. When the plaintiff unites his
7     or her claim for possession with a claim for rent or
8     damages or both exceeding $15,000, a minimum of $150 and a
9     maximum of $225.
10 (c) Counterclaim or Joining Third Party Defendant.
11         When any defendant files a counterclaim as part of his
12     or her answer or otherwise or joins another party as a
13     third party defendant, or both, the defendant shall pay a
14     fee for each counterclaim or third party action in an
15     amount equal to the fee he or she would have had to pay had
16     he or she brought a separate action for the relief sought
17     in the counterclaim or against the third party defendant,
18     less the amount of the appearance fee, if that has been
19     paid.
20 (d) Confession of Judgment.
21         In a confession of judgment when the amount does not
22     exceed $1500, a minimum of $50 and a maximum of $60. When
23     the amount exceeds $1500, but does not exceed $5,000, $75.
24     When the amount exceeds $5,000, but does not exceed
25     $15,000, $175. When the amount exceeds $15,000, a minimum
26     of $200 and a maximum of $250.

 

 

HB3393 Engrossed - 36 - LRB095 09193 WGH 32137 b

1 (e) Appearance.
2         The fee for filing an appearance in each civil case
3     shall be a minimum of $50 and a maximum of $75, except as
4     follows:
5             (A) When the plaintiff in a forcible entry and
6         detainer case seeks possession only, a minimum of $20
7         and a maximum of $40.
8             (B) When the amount in the case does not exceed
9         $1500, a minimum of $20 and a maximum of $40.
10             (C) When the amount in the case exceeds $1500 but
11         does not exceed $15,000, a minimum of $40 and a maximum
12         of $60.
13 (f) Garnishment, Wage Deduction, and Citation.
14         In garnishment affidavit, wage deduction affidavit,
15     and citation petition when the amount does not exceed
16     $1,000, a minimum of $10 and a maximum of $15; when the
17     amount exceeds $1,000 but does not exceed $5,000, a minimum
18     of $20 and a maximum of $30; and when the amount exceeds
19     $5,000, a minimum of $30 and a maximum of $50.
20 (g) Petition to Vacate or Modify.
21         (1) Petition to vacate or modify any final judgment or
22     order of court, except in forcible entry and detainer cases
23     and small claims cases or a petition to reopen an estate,
24     to modify, terminate, or enforce a judgment or order for
25     child or spousal support, or to modify, suspend, or
26     terminate an order for withholding, if filed before 30 days

 

 

HB3393 Engrossed - 37 - LRB095 09193 WGH 32137 b

1     after the entry of the judgment or order, a minimum of $40
2     and a maximum of $50.
3         (2) Petition to vacate or modify any final judgment or
4     order of court, except a petition to modify, terminate, or
5     enforce a judgment or order for child or spousal support or
6     to modify, suspend, or terminate an order for withholding,
7     if filed later than 30 days after the entry of the judgment
8     or order, a minimum of $60 and a maximum of $75.
9         (3) Petition to vacate order of bond forfeiture, a
10     minimum of $20 and a maximum of $40.
11 (h) Mailing.
12         When the clerk is required to mail, the fee will be a
13     minimum of $6 and a maximum of $10, plus the cost of
14     postage.
15 (i) Certified Copies.
16         Each certified copy of a judgment after the first,
17     except in small claims and forcible entry and detainer
18     cases, a minimum of $10 and a maximum of $15.
19 (j) Habeas Corpus.
20         For filing a petition for relief by habeas corpus, a
21     minimum of $80 and a maximum of $125.
22 (k) Certification, Authentication, and Reproduction.
23         (1) Each certification or authentication for taking
24     the acknowledgment of a deed or other instrument in writing
25     with the seal of office, a minimum of $4 and a maximum of
26     $6.

 

 

HB3393 Engrossed - 38 - LRB095 09193 WGH 32137 b

1         (2) Court appeals when original documents are
2     forwarded, under 100 pages, plus delivery and costs, a
3     minimum of $50 and a maximum of $75.
4         (3) Court appeals when original documents are
5     forwarded, over 100 pages, plus delivery and costs, a
6     minimum of $120 and a maximum of $150.
7         (4) Court appeals when original documents are
8     forwarded, over 200 pages, an additional fee of a minimum
9     of 20 and a maximum of 25 cents per page.
10         (5) For reproduction of any document contained in the
11     clerk's files:
12             (A) First page, $2.
13             (B) Next 19 pages, 50 cents per page.
14             (C) All remaining pages, 25 cents per page.
15 (l) Remands.
16         In any cases remanded to the Circuit Court from the
17     Supreme Court or the Appellate Court for a new trial, the
18     clerk shall file the remanding order and reinstate the case
19     with either its original number or a new number. The Clerk
20     shall not charge any new or additional fee for the
21     reinstatement. Upon reinstatement the Clerk shall advise
22     the parties of the reinstatement. A party shall have the
23     same right to a jury trial on remand and reinstatement as
24     he or she had before the appeal, and no additional or new
25     fee or charge shall be made for a jury trial after remand.
26 (m) Record Search.

 

 

HB3393 Engrossed - 39 - LRB095 09193 WGH 32137 b

1         For each record search, within a division or municipal
2     district, the clerk shall be entitled to a search fee of a
3     minimum of $4 and a maximum of $6 for each year searched.
4 (n) Hard Copy.
5         For each page of hard copy print output, when case
6     records are maintained on an automated medium, the clerk
7     shall be entitled to a fee of a minimum of $4 and a maximum
8     of $6.
9 (o) Index Inquiry and Other Records.
10         No fee shall be charged for a single
11     plaintiff/defendant index inquiry or single case record
12     inquiry when this request is made in person and the records
13     are maintained in a current automated medium, and when no
14     hard copy print output is requested. The fees to be charged
15     for management records, multiple case records, and
16     multiple journal records may be specified by the Chief
17     Judge pursuant to the guidelines for access and
18     dissemination of information approved by the Supreme
19     Court.
20 (p) (Blank).
21 (q) Alias Summons.
22         For each alias summons or citation issued by the clerk,
23     a minimum of $4 and a maximum of $5.
24 (r) Other Fees.
25         Any fees not covered in this Section shall be set by
26     rule or administrative order of the Circuit Court with the

 

 

HB3393 Engrossed - 40 - LRB095 09193 WGH 32137 b

1     approval of the Administrative Office of the Illinois
2     Courts.
3         The clerk of the circuit court may provide additional
4     services for which there is no fee specified by statute in
5     connection with the operation of the clerk's office as may
6     be requested by the public and agreed to by the clerk and
7     approved by the chief judge of the circuit court. Any
8     charges for additional services shall be as agreed to
9     between the clerk and the party making the request and
10     approved by the chief judge of the circuit court. Nothing
11     in this subsection shall be construed to require any clerk
12     to provide any service not otherwise required by law.
13 (s) Jury Services.
14         The clerk shall be entitled to receive, in addition to
15     other fees allowed by law, the sum of a minimum of $192.50
16     and a maximum of $212.50, as a fee for the services of a
17     jury in every civil action not quasi-criminal in its nature
18     and not a proceeding for the exercise of the right of
19     eminent domain and in every other action wherein the right
20     of trial by jury is or may be given by law. The jury fee
21     shall be paid by the party demanding a jury at the time of
22     filing the jury demand. If the fee is not paid by either
23     party, no jury shall be called in the action or proceeding,
24     and the same shall be tried by the court without a jury.
25 (t) Voluntary Assignment.
26         For filing each deed of voluntary assignment, a minimum

 

 

HB3393 Engrossed - 41 - LRB095 09193 WGH 32137 b

1     of $10 and a maximum of $20; for recording the same, a
2     minimum of 25 and a maximum of 50 for each 100 words.
3     Exceptions filed to claims presented to an assignee of a
4     debtor who has made a voluntary assignment for the benefit
5     of creditors shall be considered and treated, for the
6     purpose of taxing costs therein, as actions in which the
7     party or parties filing the exceptions shall be considered
8     as party or parties plaintiff, and the claimant or
9     claimants as party or parties defendant, and those parties
10     respectively shall pay to the clerk the same fees as
11     provided by this Section to be paid in other actions.
12 (u) Expungement Petition.
13         The clerk shall be entitled to receive a fee of a
14     minimum of $30 and a maximum of $60 for each expungement
15     petition filed and an additional fee of a minimum of $2 and
16     a maximum of $4 for each certified copy of an order to
17     expunge arrest records.
18 (v) Probate.
19         The clerk is entitled to receive the fees specified in
20     this subsection (v), which shall be paid in advance, except
21     that, for good cause shown, the court may suspend, reduce,
22     or release the costs payable under this subsection:
23         (1) For administration of the estate of a decedent
24     (whether testate or intestate) or of a missing person, a
25     minimum of $100 and a maximum of $150, plus the fees
26     specified in subsection (v)(3), except:

 

 

HB3393 Engrossed - 42 - LRB095 09193 WGH 32137 b

1             (A) When the value of the real and personal
2         property does not exceed $15,000, the fee shall be a
3         minimum of $25 and a maximum of $40.
4             (B) When (i) proof of heirship alone is made, (ii)
5         a domestic or foreign will is admitted to probate
6         without administration (including proof of heirship),
7         or (iii) letters of office are issued for a particular
8         purpose without administration of the estate, the fee
9         shall be a minimum of $25 and a maximum of $40.
10         (2) For administration of the estate of a ward, a
11     minimum of $50 and a maximum of $75, plus the fees
12     specified in subsection (v)(3), except:
13             (A) When the value of the real and personal
14         property does not exceed $15,000, the fee shall be a
15         minimum of $25 and a maximum of $40.
16             (B) When (i) letters of office are issued to a
17         guardian of the person or persons, but not of the
18         estate or (ii) letters of office are issued in the
19         estate of a ward without administration of the estate,
20         including filing or joining in the filing of a tax
21         return or releasing a mortgage or consenting to the
22         marriage of the ward, the fee shall be a minimum of $10
23         and a maximum of $20.
24         (3) In addition to the fees payable under subsection
25     (v)(1) or (v)(2) of this Section, the following fees are
26     payable:

 

 

HB3393 Engrossed - 43 - LRB095 09193 WGH 32137 b

1             (A) For each account (other than one final account)
2         filed in the estate of a decedent, or ward, a minimum
3         of $15 and a maximum of $25.
4             (B) For filing a claim in an estate when the amount
5         claimed is $150 or more but less than $500, a minimum
6         of $10 and a maximum of $20; when the amount claimed is
7         $500 or more but less than $10,000, a minimum of $25
8         and a maximum of $40; when the amount claimed is
9         $10,000 or more, a minimum of $40 and a maximum of $60;
10         provided that the court in allowing a claim may add to
11         the amount allowed the filing fee paid by the claimant.
12             (C) For filing in an estate a claim, petition, or
13         supplemental proceeding based upon an action seeking
14         equitable relief including the construction or contest
15         of a will, enforcement of a contract to make a will,
16         and proceedings involving testamentary trusts or the
17         appointment of testamentary trustees, a minimum of $40
18         and a maximum of $60.
19             (D) For filing in an estate (i) the appearance of
20         any person for the purpose of consent or (ii) the
21         appearance of an executor, administrator,
22         administrator to collect, guardian, guardian ad litem,
23         or special administrator, no fee.
24             (E) Except as provided in subsection (v)(3)(D),
25         for filing the appearance of any person or persons, a
26         minimum of $10 and a maximum of $30.

 

 

HB3393 Engrossed - 44 - LRB095 09193 WGH 32137 b

1             (F) For each jury demand, a minimum of $102.50 and
2         a maximum of $137.50.
3             (G) For disposition of the collection of a judgment
4         or settlement of an action or claim for wrongful death
5         of a decedent or of any cause of action of a ward, when
6         there is no other administration of the estate, a
7         minimum of $30 and a maximum of $50, less any amount
8         paid under subsection (v)(1)(B) or (v)(2)(B) except
9         that if the amount involved does not exceed $5,000, the
10         fee, including any amount paid under subsection
11         (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
12         maximum of $20.
13             (H) For each certified copy of letters of office,
14         of court order or other certification, a minimum of $1
15         and a maximum of $2, plus a minimum of 50 and a
16         maximum of $1 per page in excess of 3 pages for the
17         document certified.
18             (I) For each exemplification, a minimum of $1 and a
19         maximum of $2, plus the fee for certification.
20         (4) The executor, administrator, guardian, petitioner,
21     or other interested person or his or her attorney shall pay
22     the cost of publication by the clerk directly to the
23     newspaper.
24         (5) The person on whose behalf a charge is incurred for
25     witness, court reporter, appraiser, or other miscellaneous
26     fee shall pay the same directly to the person entitled

 

 

HB3393 Engrossed - 45 - LRB095 09193 WGH 32137 b

1     thereto.
2         (6) The executor, administrator, guardian, petitioner,
3     or other interested person or his attorney shall pay to the
4     clerk all postage charges incurred by the clerk in mailing
5     petitions, orders, notices, or other documents pursuant to
6     the provisions of the Probate Act of 1975.
7 (w) Criminal and Quasi-Criminal Costs and Fees.
8         (1) The clerk shall be entitled to costs in all
9     criminal and quasi-criminal cases from each person
10     convicted or sentenced to supervision therein as follows:
11             (A) Felony complaints, a minimum of $80 and a
12         maximum of $125.
13             (B) Misdemeanor complaints, a minimum of $50 and a
14         maximum of $75.
15             (C) Business offense complaints, a minimum of $50
16         and a maximum of $75.
17             (D) Petty offense complaints, a minimum of $50 and
18         a maximum of $75.
19             (E) Minor traffic or ordinance violations, $20.
20             (F) When court appearance required, $30.
21             (G) Motions to vacate or amend final orders, a
22         minimum of $20 and a maximum of $40.
23             (H) Motions to vacate bond forfeiture orders, a
24         minimum of $20 and a maximum of $30.
25             (I) Motions to vacate ex parte judgments, whenever
26         filed, a minimum of $20 and a maximum of $30.

 

 

HB3393 Engrossed - 46 - LRB095 09193 WGH 32137 b

1             (J) Motions to vacate judgment on forfeitures,
2         whenever filed, a minimum of $20 and a maximum of $25.
3             (K) Motions to vacate "failure to appear" or
4         "failure to comply" notices sent to the Secretary of
5         State, a minimum of $20 and a maximum of $40.
6         (2) In counties having a population of more than
7     500,000 but fewer than 3,000,000 inhabitants, when the
8     violation complaint is issued by a municipal police
9     department, the clerk shall be entitled to costs from each
10     person convicted therein as follows:
11             (A) Minor traffic or ordinance violations, $10.
12             (B) When court appearance required, $15.
13         (3) In ordinance violation cases punishable by fine
14     only, the clerk of the circuit court shall be entitled to
15     receive, unless the fee is excused upon a finding by the
16     court that the defendant is indigent, in addition to other
17     fees or costs allowed or imposed by law, the sum of a
18     minimum of $50 and a maximum of $112.50 as a fee for the
19     services of a jury. The jury fee shall be paid by the
20     defendant at the time of filing his or her jury demand. If
21     the fee is not so paid by the defendant, no jury shall be
22     called, and the case shall be tried by the court without a
23     jury.
24 (x) Transcripts of Judgment.
25         For the filing of a transcript of judgment, the clerk
26     shall be entitled to the same fee as if it were the

 

 

HB3393 Engrossed - 47 - LRB095 09193 WGH 32137 b

1     commencement of new suit.
2 (y) Change of Venue.
3         (1) For the filing of a change of case on a change of
4     venue, the clerk shall be entitled to the same fee as if it
5     were the commencement of a new suit.
6         (2) The fee for the preparation and certification of a
7     record on a change of venue to another jurisdiction, when
8     original documents are forwarded, a minimum of $25 and a
9     maximum of $40.
10 (z) Tax objection complaints.
11         For each tax objection complaint containing one or more
12     tax objections, regardless of the number of parcels
13     involved or the number of taxpayers joining in the
14     complaint, a minimum of $25 and a maximum of $50.
15 (aa) Tax Deeds.
16         (1) Petition for tax deed, if only one parcel is
17     involved, a minimum of $150 and a maximum of $250.
18         (2) For each additional parcel, add a fee of a minimum
19     of $50 and a maximum of $100.
20 (bb) Collections.
21         (1) For all collections made of others, except the
22     State and county and except in maintenance or child support
23     cases, a sum equal to a minimum of 2.5% and a maximum of
24     3.0% of the amount collected and turned over.
25         (2) Interest earned on any funds held by the clerk
26     shall be turned over to the county general fund as an

 

 

HB3393 Engrossed - 48 - LRB095 09193 WGH 32137 b

1     earning of the office.
2         (3) For any check, draft, or other bank instrument
3     returned to the clerk for non-sufficient funds, account
4     closed, or payment stopped, $25.
5         (4) In child support and maintenance cases, the clerk,
6     if authorized by an ordinance of the county board, may
7     collect an annual fee of up to $36 from the person making
8     payment for maintaining child support records and the
9     processing of support orders to the State of Illinois KIDS
10     system and the recording of payments issued by the State
11     Disbursement Unit for the official record of the Court.
12     This fee shall be in addition to and separate from amounts
13     ordered to be paid as maintenance or child support and
14     shall be deposited into a Separate Maintenance and Child
15     Support Collection Fund, of which the clerk shall be the
16     custodian, ex-officio, to be used by the clerk to maintain
17     child support orders and record all payments issued by the
18     State Disbursement Unit for the official record of the
19     Court. The clerk may recover from the person making the
20     maintenance or child support payment any additional cost
21     incurred in the collection of this annual fee.
22         The clerk shall also be entitled to a fee of $5 for
23     certifications made to the Secretary of State as provided
24     in Section 7-703 of the Family Financial Responsibility Law
25     and these fees shall also be deposited into the Separate
26     Maintenance and Child Support Collection Fund.

 

 

HB3393 Engrossed - 49 - LRB095 09193 WGH 32137 b

1 (cc) Corrections of Numbers.
2         For correction of the case number, case title, or
3     attorney computer identification number, if required by
4     rule of court, on any document filed in the clerk's office,
5     to be charged against the party that filed the document, a
6     minimum of $15 and a maximum of $25.
7 (dd) Exceptions.
8         The fee requirements of this Section shall not apply to
9     police departments or other law enforcement agencies. In
10     this Section, "law enforcement agency" means an agency of
11     the State or a unit of local government which is vested by
12     law or ordinance with the duty to maintain public order and
13     to enforce criminal laws or ordinances. "Law enforcement
14     agency" also means the Attorney General or any state's
15     attorney. The fee requirements of this Section shall not
16     apply to any action instituted under subsection (b) of
17     Section 11-31-1 of the Illinois Municipal Code by a private
18     owner or tenant of real property within 1200 feet of a
19     dangerous or unsafe building seeking an order compelling
20     the owner or owners of the building to take any of the
21     actions authorized under that subsection.
22         The fee requirements of this Section shall not apply to
23     the filing of any commitment petition or petition for an
24     order authorizing the administration of authorized
25     involuntary treatment in the form of medication under the
26     Mental Health and Developmental Disabilities Code.

 

 

HB3393 Engrossed - 50 - LRB095 09193 WGH 32137 b

1 (ee) Adoptions.
2         (1) For an adoption..............................$65
3         (2) Upon good cause shown, the court may waive the
4     adoption filing fee in a special needs adoption. The term
5     "special needs adoption" shall have the meaning ascribed to
6     it by the Illinois Department of Children and Family
7     Services.
8 (ff) Adoption exemptions.
9         No fee other than that set forth in subsection (ee)
10     shall be charged to any person in connection with an
11     adoption proceeding nor may any fee be charged for
12     proceedings for the appointment of a confidential
13     intermediary under the Adoption Act.
14 (gg) Unpaid fees.
15         Unless a court ordered payment schedule is implemented
16     or the fee requirements of this Section are waived pursuant
17     to court order, the clerk of the court may add to any
18     unpaid fees and costs under this Section a delinquency
19     amount equal to 5% of the unpaid fees that remain unpaid
20     after 30 days, 10% of the unpaid fees that remain unpaid
21     after 60 days, and 15% of the unpaid fees that remain
22     unpaid after 90 days. Notice to those parties may be made
23     by signage posting or publication. The additional
24     delinquency amounts collected under this Section shall be
25     used to defray additional administrative costs incurred by
26     the clerk of the circuit court in collecting unpaid fees

 

 

HB3393 Engrossed - 51 - LRB095 09193 WGH 32137 b

1     and costs.
2 (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385,
3 eff. 7-25-03; 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)
 
4     (705 ILCS 105/27.2a)  (from Ch. 25, par. 27.2a)
5     Sec. 27.2a. The fees of the clerks of the circuit court in
6 all counties having a population of 3,000,000 or more
7 inhabitants in the instances described in this Section shall be
8 as provided in this Section. In those instances where a minimum
9 and maximum fee is stated, the clerk of the circuit court must
10 charge the minimum fee listed and may charge up to the maximum
11 fee if the county board has by resolution increased the fee.
12 The fees shall be paid in advance and shall be as follows:
13 (a) Civil Cases.
14         The fee for filing a complaint, petition, or other
15     pleading initiating a civil action, with the following
16     exceptions, shall be a minimum of $195 $190 and a maximum
17     of $245 $240. $5 from all filing fees collected under this
18     subsection (a), except for those listed in paragraphs (A)
19     through (H), shall be remitted by the clerk to the State
20     Treasurer for deposit into the Domestic Violence Legal
21     Assistance Trust Fund.
22             (A) When the amount of money or damages or the
23         value of personal property claimed does not exceed
24         $250, a minimum of $15 and a maximum of $22.
25             (B) When that amount exceeds $250 but does not

 

 

HB3393 Engrossed - 52 - LRB095 09193 WGH 32137 b

1         exceed $1000, a minimum of $40 and a maximum of $75.
2             (C) When that amount exceeds $1000 but does not
3         exceed $2500, a minimum of $50 and a maximum of $80.
4             (D) When that amount exceeds $2500 but does not
5         exceed $5000, a minimum of $100 and a maximum of $130.
6             (E) When that amount exceeds $5000 but does not
7         exceed $15,000, $150.
8             (F) For the exercise of eminent domain, $150. For
9         each additional lot or tract of land or right or
10         interest therein subject to be condemned, the damages
11         in respect to which shall require separate assessment
12         by a jury, $150.
13             (G) For the final determination of parking,
14         standing, and compliance violations and final
15         administrative decisions issued after hearings
16         regarding vehicle immobilization and impoundment made
17         pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
18         the Illinois Vehicle Code, $25.
19             (H) No fees shall be charged by the clerk to a
20         petitioner in any order of protection including, but
21         not limited to, filing, modifying, withdrawing,
22         certifying, or photocopying petitions for orders of
23         protection, or for issuing alias summons, or for any
24         related filing service, certifying, modifying,
25         vacating, or photocopying any orders of protection.
26 (b) Forcible Entry and Detainer.

 

 

HB3393 Engrossed - 53 - LRB095 09193 WGH 32137 b

1         In each forcible entry and detainer case when the
2     plaintiff seeks possession only or unites with his or her
3     claim for possession of the property a claim for rent or
4     damages or both in the amount of $15,000 or less, a minimum
5     of $75 and a maximum of $140. When the plaintiff unites his
6     or her claim for possession with a claim for rent or
7     damages or both exceeding $15,000, a minimum of $225 and a
8     maximum of $335.
9 (c) Counterclaim or Joining Third Party Defendant.
10         When any defendant files a counterclaim as part of his
11     or her answer or otherwise or joins another party as a
12     third party defendant, or both, the defendant shall pay a
13     fee for each counterclaim or third party action in an
14     amount equal to the fee he or she would have had to pay had
15     he or she brought a separate action for the relief sought
16     in the counterclaim or against the third party defendant,
17     less the amount of the appearance fee, if that has been
18     paid.
19 (d) Confession of Judgment.
20         In a confession of judgment when the amount does not
21     exceed $1500, a minimum of $60 and a maximum of $70. When
22     the amount exceeds $1500, but does not exceed $5000, a
23     minimum of $75 and a maximum of $150. When the amount
24     exceeds $5000, but does not exceed $15,000, a minimum of
25     $175 and a maximum of $260. When the amount exceeds
26     $15,000, a minimum of $250 and a maximum of $310.

 

 

HB3393 Engrossed - 54 - LRB095 09193 WGH 32137 b

1 (e) Appearance.
2         The fee for filing an appearance in each civil case
3     shall be a minimum of $75 and a maximum of $110, except as
4     follows:
5             (A) When the plaintiff in a forcible entry and
6         detainer case seeks possession only, a minimum of $40
7         and a maximum of $80.
8             (B) When the amount in the case does not exceed
9         $1500, a minimum of $40 and a maximum of $80.
10             (C) When that amount exceeds $1500 but does not
11         exceed $15,000, a minimum of $60 and a maximum of $90.
12 (f) Garnishment, Wage Deduction, and Citation.
13         In garnishment affidavit, wage deduction affidavit,
14     and citation petition when the amount does not exceed
15     $1,000, a minimum of $15 and a maximum of $25; when the
16     amount exceeds $1,000 but does not exceed $5,000, a minimum
17     of $30 and a maximum of $45; and when the amount exceeds
18     $5,000, a minimum of $50 and a maximum of $80.
19 (g) Petition to Vacate or Modify.
20         (1) Petition to vacate or modify any final judgment or
21     order of court, except in forcible entry and detainer cases
22     and small claims cases or a petition to reopen an estate,
23     to modify, terminate, or enforce a judgment or order for
24     child or spousal support, or to modify, suspend, or
25     terminate an order for withholding, if filed before 30 days
26     after the entry of the judgment or order, a minimum of $50

 

 

HB3393 Engrossed - 55 - LRB095 09193 WGH 32137 b

1     and a maximum of $60.
2         (2) Petition to vacate or modify any final judgment or
3     order of court, except a petition to modify, terminate, or
4     enforce a judgment or order for child or spousal support or
5     to modify, suspend, or terminate an order for withholding,
6     if filed later than 30 days after the entry of the judgment
7     or order, a minimum of $75 and a maximum of $90.
8         (3) Petition to vacate order of bond forfeiture, a
9     minimum of $40 and a maximum of $80.
10 (h) Mailing.
11         When the clerk is required to mail, the fee will be a
12     minimum of $10 and a maximum of $15, plus the cost of
13     postage.
14 (i) Certified Copies.
15         Each certified copy of a judgment after the first,
16     except in small claims and forcible entry and detainer
17     cases, a minimum of $15 and a maximum of $20.
18 (j) Habeas Corpus.
19         For filing a petition for relief by habeas corpus, a
20     minimum of $125 and a maximum of $190.
21 (k) Certification, Authentication, and Reproduction.
22         (1) Each certification or authentication for taking
23     the acknowledgment of a deed or other instrument in writing
24     with the seal of office, a minimum of $6 and a maximum of
25     $9.
26         (2) Court appeals when original documents are

 

 

HB3393 Engrossed - 56 - LRB095 09193 WGH 32137 b

1     forwarded, under 100 pages, plus delivery and costs, a
2     minimum of $75 and a maximum of $110.
3         (3) Court appeals when original documents are
4     forwarded, over 100 pages, plus delivery and costs, a
5     minimum of $150 and a maximum of $185.
6         (4) Court appeals when original documents are
7     forwarded, over 200 pages, an additional fee of a minimum
8     of 25 and a maximum of 30 cents per page.
9         (5) For reproduction of any document contained in the
10     clerk's files:
11             (A) First page, $2.
12             (B) Next 19 pages, 50 cents per page.
13             (C) All remaining pages, 25 cents per page.
14 (l) Remands.
15         In any cases remanded to the Circuit Court from the
16     Supreme Court or the Appellate Court for a new trial, the
17     clerk shall file the remanding order and reinstate the case
18     with either its original number or a new number. The Clerk
19     shall not charge any new or additional fee for the
20     reinstatement. Upon reinstatement the Clerk shall advise
21     the parties of the reinstatement. A party shall have the
22     same right to a jury trial on remand and reinstatement as
23     he or she had before the appeal, and no additional or new
24     fee or charge shall be made for a jury trial after remand.
25 (m) Record Search.
26         For each record search, within a division or municipal

 

 

HB3393 Engrossed - 57 - LRB095 09193 WGH 32137 b

1     district, the clerk shall be entitled to a search fee of a
2     minimum of $6 and a maximum of $9 for each year searched.
3 (n) Hard Copy.
4         For each page of hard copy print output, when case
5     records are maintained on an automated medium, the clerk
6     shall be entitled to a fee of a minimum of $6 and a maximum
7     of $9.
8 (o) Index Inquiry and Other Records.
9         No fee shall be charged for a single
10     plaintiff/defendant index inquiry or single case record
11     inquiry when this request is made in person and the records
12     are maintained in a current automated medium, and when no
13     hard copy print output is requested. The fees to be charged
14     for management records, multiple case records, and
15     multiple journal records may be specified by the Chief
16     Judge pursuant to the guidelines for access and
17     dissemination of information approved by the Supreme
18     Court.
19 (p) (Blank).
20 (q) Alias Summons.
21         For each alias summons or citation issued by the clerk,
22     a minimum of $5 and a maximum of $6.
23 (r) Other Fees.
24         Any fees not covered in this Section shall be set by
25     rule or administrative order of the Circuit Court with the
26     approval of the Administrative Office of the Illinois

 

 

HB3393 Engrossed - 58 - LRB095 09193 WGH 32137 b

1     Courts.
2         The clerk of the circuit court may provide additional
3     services for which there is no fee specified by statute in
4     connection with the operation of the clerk's office as may
5     be requested by the public and agreed to by the clerk and
6     approved by the chief judge of the circuit court. Any
7     charges for additional services shall be as agreed to
8     between the clerk and the party making the request and
9     approved by the chief judge of the circuit court. Nothing
10     in this subsection shall be construed to require any clerk
11     to provide any service not otherwise required by law.
12 (s) Jury Services.
13         The clerk shall be entitled to receive, in addition to
14     other fees allowed by law, the sum of a minimum of $212.50
15     and maximum of $230, as a fee for the services of a jury in
16     every civil action not quasi-criminal in its nature and not
17     a proceeding for the exercise of the right of eminent
18     domain and in every other action wherein the right of trial
19     by jury is or may be given by law. The jury fee shall be
20     paid by the party demanding a jury at the time of filing
21     the jury demand. If the fee is not paid by either party, no
22     jury shall be called in the action or proceeding, and the
23     same shall be tried by the court without a jury.
24 (t) Voluntary Assignment.
25         For filing each deed of voluntary assignment, a minimum
26     of $20 and a maximum of $40; for recording the same, a

 

 

HB3393 Engrossed - 59 - LRB095 09193 WGH 32137 b

1     minimum of 50 and a maximum of $0.80 for each 100 words.
2     Exceptions filed to claims presented to an assignee of a
3     debtor who has made a voluntary assignment for the benefit
4     of creditors shall be considered and treated, for the
5     purpose of taxing costs therein, as actions in which the
6     party or parties filing the exceptions shall be considered
7     as party or parties plaintiff, and the claimant or
8     claimants as party or parties defendant, and those parties
9     respectively shall pay to the clerk the same fees as
10     provided by this Section to be paid in other actions.
11 (u) Expungement Petition.
12         The clerk shall be entitled to receive a fee of a
13     minimum of $60 and a maximum of $120 for each expungement
14     petition filed and an additional fee of a minimum of $4 and
15     a maximum of $8 for each certified copy of an order to
16     expunge arrest records.
17 (v) Probate.
18         The clerk is entitled to receive the fees specified in
19     this subsection (v), which shall be paid in advance, except
20     that, for good cause shown, the court may suspend, reduce,
21     or release the costs payable under this subsection:
22         (1) For administration of the estate of a decedent
23     (whether testate or intestate) or of a missing person, a
24     minimum of $150 and a maximum of $225, plus the fees
25     specified in subsection (v)(3), except:
26             (A) When the value of the real and personal

 

 

HB3393 Engrossed - 60 - LRB095 09193 WGH 32137 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) proof of heirship alone is made, (ii)
4         a domestic or foreign will is admitted to probate
5         without administration (including proof of heirship),
6         or (iii) letters of office are issued for a particular
7         purpose without administration of the estate, the fee
8         shall be a minimum of $40 and a maximum of $65.
9         (2) For administration of the estate of a ward, a
10     minimum of $75 and a maximum of $110, plus the fees
11     specified in subsection (v)(3), except:
12             (A) When the value of the real and personal
13         property does not exceed $15,000, the fee shall be a
14         minimum of $40 and a maximum of $65.
15             (B) When (i) letters of office are issued to a
16         guardian of the person or persons, but not of the
17         estate or (ii) letters of office are issued in the
18         estate of a ward without administration of the estate,
19         including filing or joining in the filing of a tax
20         return or releasing a mortgage or consenting to the
21         marriage of the ward, the fee shall be a minimum of $20
22         and a maximum of $40.
23         (3) In addition to the fees payable under subsection
24     (v)(1) or (v)(2) of this Section, the following fees are
25     payable:
26             (A) For each account (other than one final account)

 

 

HB3393 Engrossed - 61 - LRB095 09193 WGH 32137 b

1         filed in the estate of a decedent, or ward, a minimum
2         of $25 and a maximum of $40.
3             (B) For filing a claim in an estate when the amount
4         claimed is $150 or more but less than $500, a minimum
5         of $20 and a maximum of $40; when the amount claimed is
6         $500 or more but less than $10,000, a minimum of $40
7         and a maximum of $65; when the amount claimed is
8         $10,000 or more, a minimum of $60 and a maximum of $90;
9         provided that the court in allowing a claim may add to
10         the amount allowed the filing fee paid by the claimant.
11             (C) For filing in an estate a claim, petition, or
12         supplemental proceeding based upon an action seeking
13         equitable relief including the construction or contest
14         of a will, enforcement of a contract to make a will,
15         and proceedings involving testamentary trusts or the
16         appointment of testamentary trustees, a minimum of $60
17         and a maximum of $90.
18             (D) For filing in an estate (i) the appearance of
19         any person for the purpose of consent or (ii) the
20         appearance of an executor, administrator,
21         administrator to collect, guardian, guardian ad litem,
22         or special administrator, no fee.
23             (E) Except as provided in subsection (v)(3)(D),
24         for filing the appearance of any person or persons, a
25         minimum of $30 and a maximum of $90.
26             (F) For each jury demand, a minimum of $137.50 and

 

 

HB3393 Engrossed - 62 - LRB095 09193 WGH 32137 b

1         a maximum of $180.
2             (G) For disposition of the collection of a judgment
3         or settlement of an action or claim for wrongful death
4         of a decedent or of any cause of action of a ward, when
5         there is no other administration of the estate, a
6         minimum of $50 and a maximum of $80, less any amount
7         paid under subsection (v)(1)(B) or (v)(2)(B) except
8         that if the amount involved does not exceed $5,000, the
9         fee, including any amount paid under subsection
10         (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
11         maximum of $40.
12             (H) For each certified copy of letters of office,
13         of court order or other certification, a minimum of $2
14         and a maximum of $4, plus $1 per page in excess of 3
15         pages for the document certified.
16             (I) For each exemplification, $2, plus the fee for
17         certification.
18         (4) The executor, administrator, guardian, petitioner,
19     or other interested person or his or her attorney shall pay
20     the cost of publication by the clerk directly to the
21     newspaper.
22         (5) The person on whose behalf a charge is incurred for
23     witness, court reporter, appraiser, or other miscellaneous
24     fee shall pay the same directly to the person entitled
25     thereto.
26         (6) The executor, administrator, guardian, petitioner,

 

 

HB3393 Engrossed - 63 - LRB095 09193 WGH 32137 b

1     or other interested person or his or her attorney shall pay
2     to the clerk all postage charges incurred by the clerk in
3     mailing petitions, orders, notices, or other documents
4     pursuant to the provisions of the Probate Act of 1975.
5 (w) Criminal and Quasi-Criminal Costs and Fees.
6         (1) The clerk shall be entitled to costs in all
7     criminal and quasi-criminal cases from each person
8     convicted or sentenced to supervision therein as follows:
9             (A) Felony complaints, a minimum of $125 and a
10         maximum of $190.
11             (B) Misdemeanor complaints, a minimum of $75 and a
12         maximum of $110.
13             (C) Business offense complaints, a minimum of $75
14         and a maximum of $110.
15             (D) Petty offense complaints, a minimum of $75 and
16         a maximum of $110.
17             (E) Minor traffic or ordinance violations, $30.
18             (F) When court appearance required, $50.
19             (G) Motions to vacate or amend final orders, a
20         minimum of $40 and a maximum of $80.
21             (H) Motions to vacate bond forfeiture orders, a
22         minimum of $30 and a maximum of $45.
23             (I) Motions to vacate ex parte judgments, whenever
24         filed, a minimum of $30 and a maximum of $45.
25             (J) Motions to vacate judgment on forfeitures,
26         whenever filed, a minimum of $25 and a maximum of $30.

 

 

HB3393 Engrossed - 64 - LRB095 09193 WGH 32137 b

1             (K) Motions to vacate "failure to appear" or
2         "failure to comply" notices sent to the Secretary of
3         State, a minimum of $40 and a maximum of $50.
4         (2) In counties having a population of 3,000,000 or
5     more, when the violation complaint is issued by a municipal
6     police department, the clerk shall be entitled to costs
7     from each person convicted therein as follows:
8             (A) Minor traffic or ordinance violations, $30.
9             (B) When court appearance required, $50.
10         (3) In ordinance violation cases punishable by fine
11     only, the clerk of the circuit court shall be entitled to
12     receive, unless the fee is excused upon a finding by the
13     court that the defendant is indigent, in addition to other
14     fees or costs allowed or imposed by law, the sum of a
15     minimum of $112.50 and a maximum of $250 as a fee for the
16     services of a jury. The jury fee shall be paid by the
17     defendant at the time of filing his or her jury demand. If
18     the fee is not so paid by the defendant, no jury shall be
19     called, and the case shall be tried by the court without a
20     jury.
21 (x) Transcripts of Judgment.
22         For the filing of a transcript of judgment, the clerk
23     shall be entitled to the same fee as if it were the
24     commencement of a new suit.
25 (y) Change of Venue.
26         (1) For the filing of a change of case on a change of

 

 

HB3393 Engrossed - 65 - LRB095 09193 WGH 32137 b

1     venue, the clerk shall be entitled to the same fee as if it
2     were the commencement of a new suit.
3         (2) The fee for the preparation and certification of a
4     record on a change of venue to another jurisdiction, when
5     original documents are forwarded, a minimum of $40 and a
6     maximum of $65.
7 (z) Tax objection complaints.
8         For each tax objection complaint containing one or more
9     tax objections, regardless of the number of parcels
10     involved or the number of taxpayers joining in the
11     complaint, a minimum of $50 and a maximum of $100.
12 (aa) Tax Deeds.
13         (1) Petition for tax deed, if only one parcel is
14     involved, a minimum of $250 and a maximum of $400.
15         (2) For each additional parcel, add a fee of a minimum
16     of $100 and a maximum of $200.
17 (bb) Collections.
18         (1) For all collections made of others, except the
19     State and county and except in maintenance or child support
20     cases, a sum equal to 3.0% of the amount collected and
21     turned over.
22         (2) Interest earned on any funds held by the clerk
23     shall be turned over to the county general fund as an
24     earning of the office.
25         (3) For any check, draft, or other bank instrument
26     returned to the clerk for non-sufficient funds, account

 

 

HB3393 Engrossed - 66 - LRB095 09193 WGH 32137 b

1     closed, or payment stopped, $25.
2         (4) In child support and maintenance cases, the clerk,
3     if authorized by an ordinance of the county board, may
4     collect an annual fee of up to $36 from the person making
5     payment for maintaining child support records and the
6     processing of support orders to the State of Illinois KIDS
7     system and the recording of payments issued by the State
8     Disbursement Unit for the official record of the Court.
9     This fee shall be in addition to and separate from amounts
10     ordered to be paid as maintenance or child support and
11     shall be deposited into a Separate Maintenance and Child
12     Support Collection Fund, of which the clerk shall be the
13     custodian, ex-officio, to be used by the clerk to maintain
14     child support orders and record all payments issued by the
15     State Disbursement Unit for the official record of the
16     Court. The clerk may recover from the person making the
17     maintenance or child support payment any additional cost
18     incurred in the collection of this annual fee.
19         The clerk shall also be entitled to a fee of $5 for
20     certifications made to the Secretary of State as provided
21     in Section 7-703 of the Family Financial Responsibility Law
22     and these fees shall also be deposited into the Separate
23     Maintenance and Child Support Collection Fund.
24 (cc) Corrections of Numbers.
25         For correction of the case number, case title, or
26     attorney computer identification number, if required by

 

 

HB3393 Engrossed - 67 - LRB095 09193 WGH 32137 b

1     rule of court, on any document filed in the clerk's office,
2     to be charged against the party that filed the document, a
3     minimum of $25 and a maximum of $40.
4 (dd) Exceptions.
5         (1) The fee requirements of this Section shall not
6     apply to police departments or other law enforcement
7     agencies. In this Section, "law enforcement agency" means
8     an agency of the State or a unit of local government which
9     is vested by law or ordinance with the duty to maintain
10     public order and to enforce criminal laws or ordinances.
11     "Law enforcement agency" also means the Attorney General or
12     any state's attorney.
13         (2) No fee provided herein shall be charged to any unit
14     of local government or school district. The fee
15     requirements of this Section shall not apply to any action
16     instituted under subsection (b) of Section 11-31-1 of the
17     Illinois Municipal Code by a private owner or tenant of
18     real property within 1200 feet of a dangerous or unsafe
19     building seeking an order compelling the owner or owners of
20     the building to take any of the actions authorized under
21     that subsection.
22         (3) The fee requirements of this Section shall not
23     apply to the filing of any commitment petition or petition
24     for an order authorizing the administration of authorized
25     involuntary treatment in the form of medication under the
26     Mental Health and Developmental Disabilities Code.

 

 

HB3393 Engrossed - 68 - LRB095 09193 WGH 32137 b

1 (ee) Adoption.
2         (1) For an adoption..............................$65
3         (2) Upon good cause shown, the court may waive the
4     adoption filing fee in a special needs adoption. The term
5     "special needs adoption" shall have the meaning ascribed to
6     it by the Illinois Department of Children and Family
7     Services.
8 (ff) Adoption exemptions.
9         No fee other than that set forth in subsection (ee)
10     shall be charged to any person in connection with an
11     adoption proceeding nor may any fee be charged for
12     proceedings for the appointment of a confidential
13     intermediary under the Adoption Act.
14 (gg) Unpaid fees.
15         Unless a court ordered payment schedule is implemented
16     or the fee requirements of this Section are waived pursuant
17     to court order, the clerk of the court may add to any
18     unpaid fees and costs under this Section a delinquency
19     amount equal to 5% of the unpaid fees that remain unpaid
20     after 30 days, 10% of the unpaid fees that remain unpaid
21     after 60 days, and 15% of the unpaid fees that remain
22     unpaid after 90 days. Notice to those parties may be made
23     by signage posting or publication. The additional
24     delinquency amounts collected under this Section shall be
25     used to defray additional administrative costs incurred by
26     the clerk of the circuit court in collecting unpaid fees

 

 

HB3393 Engrossed - 69 - LRB095 09193 WGH 32137 b

1     and costs.
2 (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03;
3 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)