Full Text of HB3393 95th General Assembly
HB3393eng 95TH GENERAL ASSEMBLY
|
|
|
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 .)
|
|