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| [ Senate Amendment 002 ] |
92_HB1829enr HB1829 Enrolled LRB9205211REtm 1 AN ACT concerning fees. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clerks of Courts Act is amended by 5 changing Sections 27.1a, 27.2, and 27.2a as follows: 6 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 7 Sec. 27.1a. The fees of the clerks of the circuit court 8 in all counties having a population in excess of 180,000 but 9 not more than 500,000650,000inhabitants in the instances 10 described in this Section shall be as provided in this 11 Section. The fees shall be paid in advance and shall be as 12 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 $150. 17 (A) When the amount of money or damages or the 18 value of personal property claimed does not exceed 19 $250, $10. 20 (B) When that amount exceeds $250 but does not 21 exceed $500, $20. 22 (C) When that amount exceeds $500 but does not 23 exceed $2500, $30. 24 (D) When that amount exceeds $2500 but does 25 not exceed $15,000, $75. 26 (E) For the exercise of eminent domain, $150. 27 For each additional lot or tract of land or right or 28 interest therein subject to be condemned, the 29 damages in respect to which shall require separate 30 assessment by a jury, $150. 31 (a-1) Family. HB1829 Enrolled -2- LRB9205211REtm 1 For filing a petition under the Juvenile Court Act 2 of 1987, $25. 3 For filing a petition for a marriage license, $10. 4 For performing a marriage in court, $10. 5 For filing a petition under the Illinois Parentage 6 Act of 1984, $40. 7 (b) Forcible Entry and Detainer. 8 In each forcible entry and detainer case when the 9 plaintiff seeks possession only or unites with his or her 10 claim for possession of the property a claim for rent or 11 damages or both in the amount of $15,000 or less, $40. 12 When the plaintiff unites his or her claim for possession 13 with a claim for rent or damages or both exceeding 14 $15,000, $150. 15 (c) Counterclaim or Joining Third Party Defendant. 16 When any defendant files a counterclaim as part of 17 his or her answer or otherwise or joins another party as 18 a third party defendant, or both, the defendant shall pay 19 a fee for each counterclaim or third party action in an 20 amount equal to the fee he or she would have had to pay 21 had he or she brought a separate action for the relief 22 sought in the counterclaim or against the third party 23 defendant, less the amount of the appearance fee, if that 24 has been paid. 25 (d) Confession of Judgment. 26 In a confession of judgment when the amount does not 27 exceed $1500, $50. When the amount exceeds $1500, but 28 does not exceed $15,000, $115. When the amount exceeds 29 $15,000, $200. 30 (e) Appearance. 31 The fee for filing an appearance in each civil case 32 shall be $50, except as follows: 33 (A) When the plaintiff in a forcible entry and 34 detainer case seeks possession only, $20. HB1829 Enrolled -3- LRB9205211REtm 1 (B) When the amount in the case does not 2 exceed $1500, $20. 3 (C) When that amount exceeds $1500 but does 4 not exceed $15,000, $40. 5 (f) Garnishment, Wage Deduction, and Citation. 6 In garnishment affidavit, wage deduction affidavit, 7 and citation petition when the amount does not exceed 8 $1,000, $10; when the amount exceeds $1,000 but does not 9 exceed $5,000, $20; and when the amount exceeds $5,000, 10 $30. 11 (g) Petition to Vacate or Modify. 12 (1) Petition to vacate or modify any final judgment 13 or order of court, except in forcible entry and detainer 14 cases and small claims cases or a petition to reopen an 15 estate, to modify, terminate, or enforce a judgment or 16 order for child or spousal support, or to modify, 17 suspend, or terminate an order for withholding, if filed 18 before 30 days after the entry of the judgment or order, 19 $40. 20 (2) Petition to vacate or modify any final judgment 21 or order of court, except a petition to modify, 22 terminate, or enforce a judgment or order for child or 23 spousal support or to modify, suspend, or terminate an 24 order for withholding, if filed later than 30 days after 25 the entry of the judgment or order, $60. 26 (3) Petition to vacate order of bond forfeiture, 27 $20. 28 (h) Mailing. 29 When the clerk is required to mail, the fee will be 30 $6, plus the cost of postage. 31 (i) Certified Copies. 32 Each certified copy of a judgment after the first, 33 except in small claims and forcible entry and detainer 34 cases, $10. HB1829 Enrolled -4- LRB9205211REtm 1 (j) Habeas Corpus. 2 For filing a petition for relief by habeas corpus, 3 $80. 4 (k) Certification, Authentication, and Reproduction. 5 (1) Each certification or authentication for taking 6 the acknowledgment of a deed or other instrument in 7 writing with the seal of office, $4. 8 (2) Court appeals when original documents are 9 forwarded, under 100 pages, plus delivery and costs, $50. 10 (3) Court appeals when original documents are 11 forwarded, over 100 pages, plus delivery and costs, $120. 12 (4) Court appeals when original documents are 13 forwarded, over 200 pages, an additional fee of 20 cents 14 per page. 15 (5) For reproduction of any document contained in 16 the clerk's files: 17 (A) First page, $2. 18 (B) Next 19 pages, 50 cents per page. 19 (C) All remaining pages, 25 cents per page. 20 (l) Remands. 21 In any cases remanded to the Circuit Court from the 22 Supreme Court or the Appellate Court for a new trial, the 23 clerk shall file the remanding order and reinstate the 24 case with either its original number or a new number. The 25 Clerk shall not charge any new or additional fee for the 26 reinstatement. Upon reinstatement the Clerk shall advise 27 the parties of the reinstatement. A party shall have the 28 same right to a jury trial on remand and reinstatement as 29 he or she had before the appeal, and no additional or new 30 fee or charge shall be made for a jury trial after 31 remand. 32 (m) Record Search. 33 For each record search, within a division or 34 municipal district, the clerk shall be entitled to a HB1829 Enrolled -5- LRB9205211REtm 1 search fee of $4 for each year searched. 2 (n) Hard Copy. 3 For each page of hard copy print output, when case 4 records are maintained on an automated medium, the clerk 5 shall be entitled to a fee of $4. 6 (o) Index Inquiry and Other Records. 7 No fee shall be charged for a single 8 plaintiff/defendant index inquiry or single case record 9 inquiry when this request is made in person and the 10 records are maintained in a current automated medium, and 11 when no hard copy print output is requested. The fees to 12 be charged for management records, multiple case records, 13 and multiple journal records may be specified by the 14 Chief Judge pursuant to the guidelines for access and 15 dissemination of information approved by the Supreme 16 Court. 17 (p) Commitment Petitions. 18 For filing commitment petitions under the Mental 19 Health and Developmental Disabilities Code and for filing 20 a transcript of commitment proceedings held in another 21 county, $25. 22 (q) Alias Summons. 23 For each alias summons or citation issued by the 24 clerk, $4. 25 (r) Other Fees. 26 Any fees not covered in this Section shall be set by 27 rule or administrative order of the Circuit Court with 28 the approval of the Administrative Office of the Illinois 29 Courts. 30 The clerk of the circuit court may provide 31 additional services for which there is no fee specified 32 by statute in connection with the operation of the 33 clerk's office as may be requested by the public and 34 agreed to by the clerk and approved by the chief judge of HB1829 Enrolled -6- LRB9205211REtm 1 the circuit court. Any charges for additional services 2 shall be as agreed to between the clerk and the party 3 making the request and approved by the chief judge of the 4 circuit court. Nothing in this subsection shall be 5 construed to require any clerk to provide any service not 6 otherwise required by law. 7 (s) Jury Services. 8 The clerk shall be entitled to receive, in addition 9 to other fees allowed by law, the sum of $192.50, as a 10 fee for the services of a jury in every civil action not 11 quasi-criminal in its nature and not a proceeding for the 12 exercise of the right of eminent domain and in every 13 other action wherein the right of trial by jury is or may 14 be given by law. The jury fee shall be paid by the party 15 demanding a jury at the time of filing the jury demand. 16 If the fee is not paid by either party, no jury shall be 17 called in the action or proceeding, and the same shall be 18 tried by the court without a jury. 19 (t) Voluntary Assignment. 20 For filing each deed of voluntary assignment, $10; 21 for recording the same, 25¢ for each 100 words. 22 Exceptions filed to claims presented to an assignee of a 23 debtor who has made a voluntary assignment for the 24 benefit of creditors shall be considered and treated, for 25 the purpose of taxing costs therein, as actions in which 26 the party or parties filing the exceptions shall be 27 considered as party or parties plaintiff, and the 28 claimant or claimants as party or parties defendant, and 29 those parties respectively shall pay to the clerk the 30 same fees as provided by this Section to be paid in other 31 actions. 32 (u) Expungement Petition. 33 The clerk shall be entitled to receive a fee of $30 34 for each expungement petition filed and an additional fee HB1829 Enrolled -7- LRB9205211REtm 1 of $2 for each certified copy of an order to expunge 2 arrest records. 3 (v) Probate. 4 The clerk is entitled to receive the fees specified in 5 this subsection (v), which shall be paid in advance, except 6 that, for good cause shown, the court may suspend, reduce, or 7 release the costs payable under this subsection: 8 (1) For administration of the estate of a decedent 9 (whether testate or intestate) or of a missing person, 10 $100, plus the fees specified in subsection (v)(3), 11 except: 12 (A) When the value of the real and personal 13 property does not exceed $15,000, the fee shall be 14 $25. 15 (B) When (i) proof of heirship alone is made, 16 (ii) a domestic or foreign will is admitted to 17 probate without administration (including proof of 18 heirship), or (iii) letters of office are issued for 19 a particular purpose without administration of the 20 estate, the fee shall be $25. 21 (2) For administration of the estate of a ward, 22 $50, plus the fees specified in subsection (v)(3), 23 except: 24 (A) When the value of the real and personal 25 property does not exceed $15,000, the fee shall be 26 $25. 27 (B) When (i) letters of office are issued to a 28 guardian of the person or persons, but not of the 29 estate or (ii) letters of office are issued in the 30 estate of a ward without administration of the 31 estate, including filing or joining in the filing of 32 a tax return or releasing a mortgage or consenting 33 to the marriage of the ward, the fee shall be $10. 34 (3) In addition to the fees payable under HB1829 Enrolled -8- LRB9205211REtm 1 subsection (v)(1) or (v)(2) of this Section, the 2 following fees are payable: 3 (A) For each account (other than one final 4 account) filed in the estate of a decedent, or ward, 5 $15. 6 (B) For filing a claim in an estate when the 7 amount claimed is $150 or more but less than $500, 8 $10; when the amount claimed is $500 or more but 9 less than $10,000, $25; when the amount claimed is 10 $10,000 or more, $40; provided that the court in 11 allowing a claim may add to the amount allowed the 12 filing fee paid by the claimant. 13 (C) For filing in an estate a claim, petition, 14 or supplemental proceeding based upon an action 15 seeking equitable relief including the construction 16 or contest of a will, enforcement of a contract to 17 make a will, and proceedings involving testamentary 18 trusts or the appointment of testamentary trustees, 19 $40. 20 (D) For filing in an estate (i) the appearance 21 of any person for the purpose of consent or (ii) the 22 appearance of an executor, administrator, 23 administrator to collect, guardian, guardian ad 24 litem, or special administrator, no fee. 25 (E) Except as provided in subsection 26 (v)(3)(D), for filing the appearance of any person 27 or persons, $10. 28 (F) For each jury demand, $102.50. 29 (G) For disposition of the collection of a 30 judgment or settlement of an action or claim for 31 wrongful death of a decedent or of any cause of 32 action of a ward, when there is no other 33 administration of the estate, $30, less any amount 34 paid under subsection (v)(1)(B) or (v)(2)(B) except HB1829 Enrolled -9- LRB9205211REtm 1 that if the amount involved does not exceed $5,000, 2 the fee, including any amount paid under subsection 3 (v)(1)(B) or (v)(2)(B), shall be $10. 4 (H) For each certified copy of letters of 5 office, of court order or other certification, $1, 6 plus 50¢ per page in excess of 3 pages for the 7 document certified. 8 (I) For each exemplification, $1, plus the fee 9 for certification. 10 (4) The executor, administrator, guardian, 11 petitioner, or other interested person or his or her 12 attorney shall pay the cost of publication by the clerk 13 directly to the newspaper. 14 (5) The person on whose behalf a charge is incurred 15 for witness, court reporter, appraiser, or other 16 miscellaneous fee shall pay the same directly to the 17 person entitled thereto. 18 (6) The executor, administrator, guardian, 19 petitioner, or other interested person or his or her 20 attorney shall pay to the clerk all postage charges 21 incurred by the clerk in mailing petitions, orders, 22 notices, or other documents pursuant to the provisions of 23 the Probate Act of 1975. 24 (w) Criminal and Quasi-Criminal Costs and Fees. 25 (1) The clerk shall be entitled to costs in all 26 criminal and quasi-criminal cases from each person 27 convicted or sentenced to supervision therein as follows: 28 (A) Felony complaints, $80. 29 (B) Misdemeanor complaints, $50. 30 (C) Business offense complaints, $50. 31 (D) Petty offense complaints, $50. 32 (E) Minor traffic or ordinance violations, 33 $20. 34 (F) When court appearance required, $30. HB1829 Enrolled -10- LRB9205211REtm 1 (G) Motions to vacate or amend final orders, 2 $20. 3 (H) Motions to vacate bond forfeiture orders, 4 $20. 5 (I) Motions to vacate ex parte judgments, 6 whenever filed, $20. 7 (J) Motions to vacate judgment on forfeitures, 8 whenever filed, $20. 9 (K) Motions to vacate "failure to appear" or 10 "failure to comply" notices sent to the Secretary of 11 State, $20. 12 (2) In counties having a population in excess of 13 180,000 but not more than 500,000650,000inhabitants, 14 when the violation complaint is issued by a municipal 15 police department, the clerk shall be entitled to costs 16 from each person convicted therein as follows: 17 (A) Minor traffic or ordinance violations, 18 $10. 19 (B) When court appearance required, $15. 20 (3) In ordinance violation cases punishable by fine 21 only, the clerk of the circuit court shall be entitled to 22 receive, unless the fee is excused upon a finding by the 23 court that the defendant is indigent, in addition to 24 other fees or costs allowed or imposed by law, the sum of 25 $62.50 as a fee for the services of a jury. The jury fee 26 shall be paid by the defendant at the time of filing his 27 or her jury demand. If the fee is not so paid by the 28 defendant, no jury shall be called, and the case shall be 29 tried by the court without a jury. 30 (x) Transcripts of Judgment. 31 For the filing of a transcript of judgment, the 32 clerk shall be entitled to the same fee as if it were the 33 commencement of a new suit. 34 (y) Change of Venue. HB1829 Enrolled -11- LRB9205211REtm 1 (1) For the filing of a change of case on a change 2 of venue, the clerk shall be entitled to the same fee as 3 if it were the commencement of a new suit. 4 (2) The fee for the preparation and certification 5 of a record on a change of venue to another jurisdiction, 6 when original documents are forwarded, $25. 7 (z) Tax objection complaints. 8 For each tax objection complaint containing one or 9 more tax objections, regardless of the number of parcels 10 involved or the number of taxpayers joining on the 11 complaint, $25. 12 (aa) Tax Deeds. 13 (1) Petition for tax deed, if only one parcel is 14 involved, $150. 15 (2) For each additional parcel, add a fee of $50. 16 (bb) Collections. 17 (1) For all collections made of others, except the 18 State and county and except in maintenance or child 19 support cases, a sum equal to 2.5% of the amount 20 collected and turned over. 21 (2) Interest earned on any funds held by the clerk 22 shall be turned over to the county general fund as an 23 earning of the office. 24 (3) For any check, draft, or other bank instrument 25 returned to the clerk for non-sufficient funds, account 26 closed, or payment stopped, $25. 27 (4) In child support and maintenance cases, the 28 clerk, if authorized by an ordinance of the county board, 29 may collect an annual fee of up to $36 from the person 30 making payment for maintaining child support records and 31 the processing of support orders to the State of Illinois 32 KIDS system and the recording of payments issued by the 33 State Disbursement Unit for the official record of the 34 Court. This fee shall be in addition to and separate HB1829 Enrolled -12- LRB9205211REtm 1 from amounts ordered to be paid as maintenance or child 2 support and shall be deposited into a Separate 3 Maintenance and Child Support Collection Fund, of which 4 the clerk shall be the custodian, ex-officio, to be used 5 by the clerk to maintain child support orders and record 6 all payments issued by the State Disbursement Unit for 7 the official record of the Court. The clerk may recover 8 from the person making the maintenance or child support 9 payment any additional cost incurred in the collection 10 of this annual fee. 11 The clerk shall also be entitled to a fee of $5 for 12 certifications made to the Secretary of State as provided 13 in Section 7-703 of the Family Financial Responsibility 14 Law and these fees shall also be deposited into the 15 Separate Maintenance and Child Support Collection Fund. 16 (cc) Corrections of Numbers. 17 For correction of the case number, case title, or 18 attorney computer identification number, if required by 19 rule of court, on any document filed in the clerk's 20 office, to be charged against the party that filed the 21 document, $15. 22 (dd) Exceptions. 23 (1) The fee requirements of this Section shall not 24 apply to police departments or other law enforcement 25 agencies. In this Section, "law enforcement agency" 26 means an agency of the State or a unit of local 27 government which is vested by law or ordinance with the 28 duty to maintain public order and to enforce criminal 29 laws or ordinances. "Law enforcement agency" also means 30 the Attorney General or any state's attorney. 31 (2) No fee provided herein shall be charged to any 32 unit of local government or school district. 33 (3) The fee requirements of this Section shall not 34 apply to any action instituted under subsection (b) of HB1829 Enrolled -13- LRB9205211REtm 1 Section 11-31-1 of the Illinois Municipal Code by a 2 private owner or tenant of real property within 1200 feet 3 of a dangerous or unsafe building seeking an order 4 compelling the owner or owners of the building to take 5 any of the actions authorized under that subsection. 6 (ee) Adoptions. 7 (1) For an adoption.............................$65 8 (2) Upon good cause shown, the court may waive the 9 adoption filing fee in a special needs adoption. The 10 term "special needs adoption" shall have the meaning 11 ascribed to it by the Illinois Department of Children and 12 Family Services. 13 (ff) Adoption exemptions. 14 No fee other than that set forth in subsection (ee) 15 shall be charged to any person in connection with an 16 adoption proceeding. 17 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 18 92-16, eff. 6-28-01.) 19 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 20 Sec. 27.2. The fees of the clerks of the circuit court 21 in all counties having a population in excess of 500,000 22650,000inhabitants but less than 3,000,000 inhabitants in 23 the instances described in this Section shall be as provided 24 in this Section. In those instances where a minimum and 25 maximum fee is stated, counties with more than 500,000 26 inhabitants but less than 3,000,000 inhabitants must charge 27 the minimum fee listed in this Section and may charge up to 28 the maximum fee if the county board has by resolution 29 increased the fee. In addition, the minimum fees authorized 30providedin this Section shall apply to all units of local 31 government and school districts in counties with more than 32 3,000,000 inhabitants. The fees shall be paid in advance and 33 shall be as follows: HB1829 Enrolled -14- LRB9205211REtm 1 (a) Civil Cases. 2 The fee for filing a complaint, petition, or other 3 pleading initiating a civil action, with the following 4 exceptions, shall be a minimum of $150 and a maximum of 5 $190. 6 (A) When the amount of money or damages or the 7 value of personal property claimed does not exceed 8 $250, a minimum of $10 and a maximum of $15. 9 (B) When that amount exceeds $250 but does not 10 exceed $1,000$500, a minimum of $20 and a maximum 11 of $40. 12 (C) When that amount exceeds $1,000$500but 13 does not exceed $2500, a minimum of $30 and a 14 maximum of $50. 15 (D) When that amount exceeds $2500 but does 16 not exceed $5,000$15,000, a minimum of $75 and a 17 maximum of $100. 18 (D-5) When the amount exceeds $5,000 but does 19 not exceed $15,000, a minimum of $75 and a maximum 20 of $150. 21 (E) For the exercise of eminent domain, $150. 22 For each additional lot or tract of land or right or 23 interest therein subject to be condemned, the 24 damages in respect to which shall require separate 25 assessment by a jury, $150. 26 (b) Forcible Entry and Detainer. 27 In each forcible entry and detainer case when the 28 plaintiff seeks possession only or unites with his or her 29 claim for possession of the property a claim for rent or 30 damages or both in the amount of $15,000 or less, a 31 minimum of $40 and a maximum of $75. When the plaintiff 32 unites his or her claim for possession with a claim for 33 rent or damages or both exceeding $15,000, a minimum of 34 $150 and a maximum of $225. HB1829 Enrolled -15- LRB9205211REtm 1 (c) Counterclaim or Joining Third Party Defendant. 2 When any defendant files a counterclaim as part of 3 his or her answer or otherwise or joins another party as 4 a third party defendant, or both, the defendant shall pay 5 a fee for each counterclaim or third party action in an 6 amount equal to the fee he or she would have had to pay 7 had he or she brought a separate action for the relief 8 sought in the counterclaim or against the third party 9 defendant, less the amount of the appearance fee, if that 10 has been paid. 11 (d) Confession of Judgment. 12 In a confession of judgment when the amount does not 13 exceed $1500, a minimum of $50 and a maximum of $60. 14 When the amount exceeds $1500, but does not exceed $5,000 15$15,000, $75$115. When the amount exceeds $5,000, but 16 does not exceed $15,000, $175. When the amount exceeds 17 $15,000, a minimum of $200 and a maximum of $250. 18 (e) Appearance. 19 The fee for filing an appearance in each civil case 20 shall be a minimum of $50 and a maximum of $75, except as 21 follows: 22 (A) When the plaintiff in a forcible entry and 23 detainer case seeks possession only, a minimum of;24 $20 and a maximum of $40. 25 (B) When the amount in the case does not 26 exceed $1500, a minimum of $20 and a maximum of $40. 27 (C) When thethatamount in the case exceeds 28 $1500 but does not exceed $15,000, a minimum of $40 29 and a maximum of $60. 30 (f) Garnishment, Wage Deduction, and Citation. 31 In garnishment affidavit, wage deduction affidavit, 32 and citation petition when the amount does not exceed 33 $1,000, a minimum of $10 and a maximum of $15; when the 34 amount exceeds $1,000 but does not exceed $5,000, a HB1829 Enrolled -16- LRB9205211REtm 1 minimum of $20 and a maximum of $30; and when the amount 2 exceeds $5,000, a minimum of $30 and a maximum of $50. 3 (g) Petition to Vacate or Modify. 4 (1) Petition to vacate or modify any final judgment 5 or order of court, except in forcible entry and detainer 6 cases and small claims cases or a petition to reopen an 7 estate, to modify, terminate, or enforce a judgment or 8 order for child or spousal support, or to modify, 9 suspend, or terminate an order for withholding, if filed 10 before 30 days after the entry of the judgment or order, 11 a minimum of $40 and a maximum of $50. 12 (2) Petition to vacate or modify any final judgment 13 or order of court, except a petition to modify, 14 terminate, or enforce a judgment or order for child or 15 spousal support or to modify, suspend, or terminate an 16 order for withholding, if filed later than 30 days after 17 the entry of the judgment or order, a minimum of $60 and 18 a maximum of $75. 19 (3) Petition to vacate order of bond forfeiture, a 20 minimum of $20 and a maximum of $40. 21 (h) Mailing. 22 When the clerk is required to mail, the fee will be 23 a minimum of $6 and a maximum of $10, plus the cost of 24 postage. 25 (i) Certified Copies. 26 Each certified copy of a judgment after the first, 27 except in small claims and forcible entry and detainer 28 cases, a minimum of $10 and a maximum of $15. 29 (j) Habeas Corpus. 30 For filing a petition for relief by habeas corpus, a 31 minimum of $80 and a maximum of $125. 32 (k) Certification, Authentication, and Reproduction. 33 (1) Each certification or authentication for taking 34 the acknowledgment of a deed or other instrument in HB1829 Enrolled -17- LRB9205211REtm 1 writing with the seal of office, a minimum of $4 and a 2 maximum of $6. 3 (2) Court appeals when original documents are 4 forwarded, under 100 pages, plus delivery and costs, a 5 minimum of $50 and a maximum of $75. 6 (3) Court appeals when original documents are 7 forwarded, over 100 pages, plus delivery and costs, a 8 minimum of $120 and a maximum of $150. 9 (4) Court appeals when original documents are 10 forwarded, over 200 pages, an additional fee of a minimum 11 of 20 and a maximum of 25 cents per page. 12 (5) For reproduction of any document contained in 13 the clerk's files: 14 (A) First page, $2. 15 (B) Next 19 pages, 50 cents per page. 16 (C) All remaining pages, 25 cents per page. 17 (l) Remands. 18 In any cases remanded to the Circuit Court from the 19 Supreme Court or the Appellate Court for a new trial, the 20 clerk shall file the remanding order and reinstate the 21 case with either its original number or a new number. The 22 Clerk shall not charge any new or additional fee for the 23 reinstatement. Upon reinstatement the Clerk shall advise 24 the parties of the reinstatement. A party shall have the 25 same right to a jury trial on remand and reinstatement as 26 he or she had before the appeal, and no additional or new 27 fee or charge shall be made for a jury trial after 28 remand. 29 (m) Record Search. 30 For each record search, within a division or 31 municipal district, the clerk shall be entitled to a 32 search fee of a minimum of $4 and a maximum of $6 for 33 each year searched. 34 (n) Hard Copy. HB1829 Enrolled -18- LRB9205211REtm 1 For each page of hard copy print output, when case 2 records are maintained on an automated medium, the clerk 3 shall be entitled to a fee of a minimum of $4 and a 4 maximum of $6. 5 (o) Index Inquiry and Other Records. 6 No fee shall be charged for a single 7 plaintiff/defendant index inquiry or single case record 8 inquiry when this request is made in person and the 9 records are maintained in a current automated medium, and 10 when no hard copy print output is requested. The fees to 11 be charged for management records, multiple case records, 12 and multiple journal records may be specified by the 13 Chief Judge pursuant to the guidelines for access and 14 dissemination of information approved by the Supreme 15 Court. 16 (p) Commitment Petitions. 17 For filing commitment petitions under the Mental 18 Health and Developmental Disabilities Code, a minimum of 19 $25 and a maximum of $50. 20 (q) Alias Summons. 21 For each alias summons or citation issued by the 22 clerk, a minimum of $4 and a maximum of $5. 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 26 the approval of the Administrative Office of the Illinois 27 Courts. 28 The clerk of the circuit court may provide 29 additional services for which there is no fee specified 30 by statute in connection with the operation of the 31 clerk's office as may be requested by the public and 32 agreed to by the clerk and approved by the chief judge of 33 the circuit court. Any charges for additional services 34 shall be as agreed to between the clerk and the party HB1829 Enrolled -19- LRB9205211REtm 1 making the request and approved by the chief judge of the 2 circuit court. Nothing in this subsection shall be 3 construed to require any clerk to provide any service not 4 otherwise required by law. 5 (s) Jury Services. 6 The clerk shall be entitled to receive, in addition 7 to other fees allowed by law, the sum of a minimum of 8 $192.50 and a maximum of $212.50, as a fee for the 9 services of a jury in every civil action not 10 quasi-criminal in its nature and not a proceeding for the 11 exercise of the right of eminent domain and in every 12 other action wherein the right of trial by jury is or may 13 be given by law. The jury fee shall be paid by the party 14 demanding a jury at the time of filing the jury demand. 15 If the fee is not paid by either party, no jury shall be 16 called in the action or proceeding, and the same shall be 17 tried by the court without a jury. 18 (t) Voluntary Assignment. 19 For filing each deed of voluntary assignment, a 20 minimum of $10 and a maximum of $20; for recording the 21 same, a minimum of 25¢ and a maximum of 50¢ for each 100 22 words. Exceptions filed to claims presented to an 23 assignee of a debtor who has made a voluntary assignment 24 for the benefit of creditors shall be considered and 25 treated, for the purpose of taxing costs therein, as 26 actions in which the party or parties filing the 27 exceptions shall be considered as party or parties 28 plaintiff, and the claimant or claimants as party or 29 parties defendant, and those parties respectively shall 30 pay to the clerk the same fees as provided by this 31 Section to be paid in other actions. 32 (u) Expungement Petition. 33 The clerk shall be entitled to receive a fee of a 34 minimum of $30 and a maximum of $60 for each expungement HB1829 Enrolled -20- LRB9205211REtm 1 petition filed and an additional fee of a minimum of $2 2 and a maximum of $4 for each certified copy of an order 3 to expunge arrest records. 4 (v) Probate. 5 The clerk is entitled to receive the fees specified in 6 this subsection (v), which shall be paid in advance, except 7 that, for good cause shown, the court may suspend, reduce, or 8 release the costs payable under this subsection: 9 (1) For administration of the estate of a decedent 10 (whether testate or intestate) or of a missing person, a 11 minimum of $100 and a maximum of $150, 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) proof of heirship alone is made, 17 (ii) a domestic or foreign will is admitted to 18 probate without administration (including proof of 19 heirship), or (iii) letters of office are issued for 20 a particular purpose without administration of the 21 estate, the fee shall be a minimum of $25 and a 22 maximum of $40. 23 (2) For administration of the estate of a ward, a 24 minimum of $50 and a maximum of $75, plus the fees 25 specified in subsection (v)(3), except: 26 (A) When the value of the real and personal 27 property does not exceed $15,000, the fee shall be a 28 minimum of $25 and a maximum of $40. 29 (B) When (i) letters of office are issued to a 30 guardian of the person or persons, but not of the 31 estate or (ii) letters of office are issued in the 32 estate of a ward without administration of the 33 estate, including filing or joining in the filing of 34 a tax return or releasing a mortgage or consenting HB1829 Enrolled -21- LRB9205211REtm 1 to the marriage of the ward, the fee shall be a 2 minimum of $10 and a maximum of $20. 3 (3) In addition to the fees payable under 4 subsection (v)(1) or (v)(2) of this Section, the 5 following fees are payable: 6 (A) For each account (other than one final 7 account) filed in the estate of a decedent, or ward, 8 a minimum of $15 and a maximum of $25. 9 (B) For filing a claim in an estate when the 10 amount claimed is $150 or more but less than $500, a 11 minimum of $10 and a maximum of $20; when the amount 12 claimed is $500 or more but less than $10,000, a 13 minimum of $25 and a maximum of $40; when the amount 14 claimed is $10,000 or more, a minimum of $40 and a 15 maximum of $60; provided that the court in allowing 16 a claim may add to the amount allowed the filing fee 17 paid by the claimant. 18 (C) For filing in an estate a claim, petition, 19 or supplemental proceeding based upon an action 20 seeking equitable relief including the construction 21 or contest of a will, enforcement of a contract to 22 make a will, and proceedings involving testamentary 23 trusts or the appointment of testamentary trustees, 24 a minimum of $40 and a maximum of $60. 25 (D) For filing in an estate (i) the appearance 26 of any person for the purpose of consent or (ii) the 27 appearance of an executor, administrator, 28 administrator to collect, guardian, guardian ad 29 litem, or special administrator, no fee. 30 (E) Except as provided in subsection 31 (v)(3)(D), for filing the appearance of any person 32 or persons, a minimum of $10 and a maximum of $30. 33 (F) For each jury demand, a minimum of $102.50 34 and a maximum of $137.50. HB1829 Enrolled -22- LRB9205211REtm 1 (G) For disposition of the collection of a 2 judgment or settlement of an action or claim for 3 wrongful death of a decedent or of any cause of 4 action of a ward, when there is no other 5 administration of the estate, a minimum of $30 and a 6 maximum of $50, less any amount paid under 7 subsection (v)(1)(B) or (v)(2)(B) except that if the 8 amount involved does not exceed $5,000, the fee, 9 including any amount paid under subsection (v)(1)(B) 10 or (v)(2)(B), shall be a minimum of $10 and a 11 maximum of $20. 12 (H) For each certified copy of letters of 13 office, of court order or other certification, a 14 minimum of $1 and a maximum of $2, plus a minimum of 15 50¢ and a maximum of $1 per page in excess of 3 16 pages for the document certified. 17 (I) For each exemplification, a minimum of $1 18 and a maximum of $2, plus the fee for certification. 19 (4) The executor, administrator, guardian, 20 petitioner, or other interested person or his or her 21 attorney shall pay the cost of publication by the clerk 22 directly to the newspaper. 23 (5) The person on whose behalf a charge is incurred 24 for witness, court reporter, appraiser, or other 25 miscellaneous fee shall pay the same directly to the 26 person entitled thereto. 27 (6) The executor, administrator, guardian, 28 petitioner, or other interested person or his attorney 29 shall pay to the clerk all postage charges incurred by 30 the clerk in mailing petitions, orders, notices, or other 31 documents pursuant to the provisions of the Probate Act 32 of 1975. 33 (w) Criminal and Quasi-Criminal Costs and Fees. 34 (1) The clerk shall be entitled to costs in all HB1829 Enrolled -23- LRB9205211REtm 1 criminal and quasi-criminal cases from each person 2 convicted or sentenced to supervision therein as follows: 3 (A) Felony complaints, a minimum of $80 and a 4 maximum of $125. 5 (B) Misdemeanor complaints, a minimum of $50 6 and a maximum of $75. 7 (C) Business offense complaints, a minimum of 8 $50 and a maximum of $75. 9 (D) Petty offense complaints, a minimum of $50 10 and a maximum of $75. 11 (E) Minor traffic or ordinance violations, 12 $20. 13 (F) When court appearance required, $30. 14 (G) Motions to vacate or amend final orders, a 15 minimum of $20 and a maximum of $40. 16 (H) Motions to vacate bond forfeiture orders, 17 a minimum of $20 and a maximum of $30. 18 (I) Motions to vacate ex parte judgments, 19 whenever filed, a minimum of $20 and a maximum of 20 $30. 21 (J) Motions to vacate judgment on forfeitures, 22 whenever filed, a minimum of $20 and a maximum of 23 $25. 24 (K) Motions to vacate "failure to appear" or 25 "failure to comply" notices sent to the Secretary of 26 State, a minimum of $20 and a maximum of $40. 27 (2) In counties having a population of more than 28 500,000650,000but fewer than 3,000,000 inhabitants, 29 when the violation complaint is issued by a municipal 30 police department, the clerk shall be entitled to costs 31 from each person convicted therein as follows: 32 (A) Minor traffic or ordinance violations, 33 $10. 34 (B) When court appearance required, $15. HB1829 Enrolled -24- LRB9205211REtm 1 (3) In ordinance violation cases punishable by fine 2 only, the clerk of the circuit court shall be entitled to 3 receive, unless the fee is excused upon a finding by the 4 court that the defendant is indigent, in addition to 5 other fees or costs allowed or imposed by law, the sum of 6 a minimum of $50 and a maximum of $112.50 as a fee for 7 the services of a jury. The jury fee shall be paid by 8 the defendant at the time of filing his or her jury 9 demand. If the fee is not so paid by the defendant, no 10 jury shall be called, and the case shall be tried by the 11 court without a jury. 12 (x) Transcripts of Judgment. 13 For the filing of a transcript of judgment, the 14 clerk shall be entitled to the same fee as if it were the 15 commencement of new suit. 16 (y) Change of Venue. 17 (1) For the filing of a change of case on a change 18 of venue, the clerk shall be entitled to the same fee as 19 if it were the commencement of a new suit. 20 (2) The fee for the preparation and certification 21 of a record on a change of venue to another jurisdiction, 22 when original documents are forwarded, a minimum of $25 23 and a maximum of $40. 24 (z) Tax objection complaints. 25 For each tax objection complaint containing one or 26 more tax objections, regardless of the number of parcels 27 involved or the number of taxpayers joining in the 28 complaint, a minimum of $25 and a maximum of $50. 29 (aa) Tax Deeds. 30 (1) Petition for tax deed, if only one parcel is 31 involved, a minimum of $150 and a maximum of $250. 32 (2) For each additional parcel, add a fee of a 33 minimum of $50 and a maximum of $100. 34 (bb) Collections. HB1829 Enrolled -25- LRB9205211REtm 1 (1) For all collections made of others, except the 2 State and county and except in maintenance or child 3 support cases, a sum equal to a minimum of 2.5% and a 4 maximum of 3.0% of the amount collected and turned over. 5 (2) Interest earned on any funds held by the clerk 6 shall be turned over to the county general fund as an 7 earning of the office. 8 (3) For any check, draft, or other bank instrument 9 returned to the clerk for non-sufficient funds, account 10 closed, or payment stopped, $25. 11 (4) In child support and maintenance cases, the 12 clerk, if authorized by an ordinance of the county board, 13 may collect an annual fee of up to $36 from the person 14 making payment for maintaining child support records and 15 the processing of support orders to the State of Illinois 16 KIDS system and the recording of payments issued by the 17 State Disbursement Unit for the official record of the 18 Court. This fee shall be in addition to and separate from 19 amounts ordered to be paid as maintenance or child 20 support and shall be deposited into a Separate 21 Maintenance and Child Support Collection Fund, of which 22 the clerk shall be the custodian, ex-officio, to be used 23 by the clerk to maintain child support orders and record 24 all payments issued by the State Disbursement Unit for 25 the official record of the Court. The clerk may recover 26 from the person making the maintenance or child support 27 payment any additional cost incurred in the collection of 28 this annual fee. 29 The clerk shall also be entitled to a fee of $5 for 30 certifications made to the Secretary of State as provided 31 in Section 7-703 of the Family Financial Responsibility 32 Law and these fees shall also be deposited into the 33 Separate Maintenance and Child Support Collection Fund. 34 (cc) Corrections of Numbers. HB1829 Enrolled -26- LRB9205211REtm 1 For correction of the case number, case title, or 2 attorney computer identification number, if required by 3 rule of court, on any document filed in the clerk's 4 office, to be charged against the party that filed the 5 document, a minimum of $15 and a maximum of $25. 6 (dd) Exceptions. 7 The fee requirements of this Section shall not apply 8 to police departments or other law enforcement agencies. 9 In this Section, "law enforcement agency" means an agency 10 of the State or a unit of local government which is 11 vested by law or ordinance with the duty to maintain 12 public order and to enforce criminal laws or ordinances. 13 "Law enforcement agency" also means the Attorney General 14 or any state's attorney. The fee requirements of this 15 Section shall not apply to any action instituted under 16 subsection (b) of Section 11-31-1 of the Illinois 17 Municipal Code by a private owner or tenant of real 18 property within 1200 feet of a dangerous or unsafe 19 building seeking an order compelling the owner or owners 20 of the building to take any of the actions authorized 21 under that subsection. 22 (ee) Adoptions. 23 (1) For an adoption.............................$65 24 (2) Upon good cause shown, the court may waive the 25 adoption filing fee in a special needs adoption. The 26 term "special needs adoption" shall have the meaning 27 ascribed to it by the Illinois Department of Children and 28 Family Services. 29 (ff) Adoption exemptions. 30 No fee other than that set forth in subsection (ee) 31 shall be charged to any person in connection with an 32 adoption proceeding. 33 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 34 92-16, eff. 6-28-01.) HB1829 Enrolled -27- LRB9205211REtm 1 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 2 Sec. 27.2a. The fees of the clerks of the circuit court 3 in all counties having a population of 3,000,000 or more 4 inhabitants in the instances described in this Section shall 5 be as provided in this Section. In those instances where a 6 minimum and maximum fee is stated, the clerk of the circuit 7 court must charge the minimum fee listed and may charge up to 8 the maximum fee if the county board has by resolution 9 increased the fee. The fees shall be paid in advance and 10 shall be as follows: 11 (a) Civil Cases. 12 The fee for filing a complaint, petition, or other 13 pleading initiating a civil action, with the following 14 exceptions, shall be a minimum of $190 and a maximum of 15 $240. 16 (A) When the amount of money or damages or the 17 value of personal property claimed does not exceed 18 $250, a minimum of $15 and a maximum of $22. 19 (B) When that amount exceeds $250 but does not 20 exceed $1000, a minimum of $40 and a maximum of $75. 21 (C) When that amount exceeds $1000 but does 22 not exceed $2500, a minimum of $50 and a maximum of 23 $80. 24 (D) When that amount exceeds $2500 but does 25 not exceed $5000, a minimum of $100 and a maximum of 26 $130. 27 (E) When that amount exceeds $5000 but does 28 not exceed $15,000, $150. 29 (F) For the exercise of eminent domain, $150. 30 For each additional lot or tract of land or right or 31 interest therein subject to be condemned, the 32 damages in respect to which shall require separate 33 assessment by a jury, $150. 34 (G) For the final determination of parking, HB1829 Enrolled -28- LRB9205211REtm 1 standing, and compliance violations and final 2 administrative decisions issued after hearings 3 regarding vehicle immobilization and impoundment 4 made pursuant to Sections 3-704.1, 6-306.5, and 5 11-208.3 of the Illinois Vehicle Code, $25. 6 (b) Forcible Entry and Detainer. 7 In each forcible entry and detainer case when the 8 plaintiff seeks possession only or unites with his or her 9 claim for possession of the property a claim for rent or 10 damages or both in the amount of $15,000 or less, a 11 minimum of $75 and a maximum of $140. When the plaintiff 12 unites his or her claim for possession with a claim for 13 rent or damages or both exceeding $15,000, a minimum of 14 $225 and a maximum of $335. 15 (c) Counterclaim or Joining Third Party Defendant. 16 When any defendant files a counterclaim as part of 17 his or her answer or otherwise or joins another party as 18 a third party defendant, or both, the defendant shall pay 19 a fee for each counterclaim or third party action in an 20 amount equal to the fee he or she would have had to pay 21 had he or she brought a separate action for the relief 22 sought in the counterclaim or against the third party 23 defendant, less the amount of the appearance fee, if that 24 has been paid. 25 (d) Confession of Judgment. 26 In a confession of judgment when the amount does not 27 exceed $1500, a minimum of $60 and a maximum of $70. 28 When the amount exceeds $1500, but does not exceed $5000, 29 a minimum of $75 and a maximum of $150. When the amount 30 exceeds $5000, but does not exceed $15,000, a minimum of 31 $175 and a maximum of $260. When the amount exceeds 32 $15,000, a minimum of $250 and a maximum of $310. 33 (e) Appearance. 34 The fee for filing an appearance in each civil case HB1829 Enrolled -29- LRB9205211REtm 1 shall be a minimum of $75 and a maximum of $110, except 2 as follows: 3 (A) When the plaintiff in a forcible entry and 4 detainer case seeks possession only, a minimum of 5 $40 and a maximum of $80. 6 (B) When the amount in the case does not 7 exceed $1500, a minimum of $40 and a maximum of $80. 8 (C) When that amount exceeds $1500 but does 9 not exceed $15,000, a minimum of $60 and a maximum 10 of $90. 11 (f) Garnishment, Wage Deduction, and Citation. 12 In garnishment affidavit, wage deduction affidavit, 13 and citation petition when the amount does not exceed 14 $1,000, a minimum of $15 and a maximum of $25; when the 15 amount exceeds $1,000 but does not exceed $5,000, a 16 minimum of $30 and a maximum of $45; and when the amount 17 exceeds $5,000, a minimum of $50 and a maximum of $80. 18 (g) Petition to Vacate or Modify. 19 (1) Petition to vacate or modify any final judgment 20 or order of court, except in forcible entry and detainer 21 cases and small claims cases or a petition to reopen an 22 estate, to modify, terminate, or enforce a judgment or 23 order for child or spousal support, or to modify, 24 suspend, or terminate an order for withholding, if filed 25 before 30 days after the entry of the judgment or order, 26 a minimum of $50 and a maximum of $60. 27 (2) Petition to vacate or modify any final judgment 28 or order of court, except a petition to modify, 29 terminate, or enforce a judgment or order for child or 30 spousal support or to modify, suspend, or terminate an 31 order for withholding, if filed later than 30 days after 32 the entry of the judgment or order, a minimum of $75 and 33 a maximum of $90. 34 (3) Petition to vacate order of bond forfeiture, a HB1829 Enrolled -30- LRB9205211REtm 1 minimum of $40 and a maximum of $80. 2 (h) Mailing. 3 When the clerk is required to mail, the fee will be 4 a minimum of $10 and a maximum of $15, plus the cost of 5 postage. 6 (i) Certified Copies. 7 Each certified copy of a judgment after the first, 8 except in small claims and forcible entry and detainer 9 cases, a minimum of $15 and a maximum of $20. 10 (j) Habeas Corpus. 11 For filing a petition for relief by habeas corpus, a 12 minimum of $125 and a maximum of $190. 13 (k) Certification, Authentication, and Reproduction. 14 (1) Each certification or authentication for taking 15 the acknowledgment of a deed or other instrument in 16 writing with the seal of office, a minimum of $6 and a 17 maximum of $9. 18 (2) Court appeals when original documents are 19 forwarded, under 100 pages, plus delivery and costs, a 20 minimum of $75 and a maximum of $110. 21 (3) Court appeals when original documents are 22 forwarded, over 100 pages, plus delivery and costs, a 23 minimum of $150 and a maximum of $185. 24 (4) Court appeals when original documents are 25 forwarded, over 200 pages, an additional fee of a minimum 26 of 25 and a maximum of 30 cents per page. 27 (5) For reproduction of any document contained in 28 the clerk's files: 29 (A) First page, $2. 30 (B) Next 19 pages, 50 cents per page. 31 (C) All remaining pages, 25 cents per page. 32 (l) Remands. 33 In any cases remanded to the Circuit Court from the 34 Supreme Court or the Appellate Court for a new trial, the HB1829 Enrolled -31- LRB9205211REtm 1 clerk shall file the remanding order and reinstate the 2 case with either its original number or a new number. 3 The Clerk shall not charge any new or additional fee for 4 the reinstatement. Upon reinstatement the Clerk shall 5 advise the parties of the reinstatement. A party shall 6 have the same right to a jury trial on remand and 7 reinstatement as he or she had before the appeal, and no 8 additional or new fee or charge shall be made for a jury 9 trial after remand. 10 (m) Record Search. 11 For each record search, within a division or 12 municipal district, the clerk shall be entitled to a 13 search fee of a minimum of $6 and a maximum of $9 for 14 each year searched. 15 (n) Hard Copy. 16 For each page of hard copy print output, when case 17 records are maintained on an automated medium, the clerk 18 shall be entitled to a fee of a minimum of $6 and a 19 maximum of $9. 20 (o) Index Inquiry and Other Records. 21 No fee shall be charged for a single 22 plaintiff/defendant index inquiry or single case record 23 inquiry when this request is made in person and the 24 records are maintained in a current automated medium, and 25 when no hard copy print output is requested. The fees to 26 be charged for management records, multiple case records, 27 and multiple journal records may be specified by the 28 Chief Judge pursuant to the guidelines for access and 29 dissemination of information approved by the Supreme 30 Court. 31 (p) Commitment Petitions. 32 For filing commitment petitions under the Mental 33 Health and Developmental Disabilities Code, a minimum of 34 $50 and a maximum of $100. HB1829 Enrolled -32- LRB9205211REtm 1 (q) Alias Summons. 2 For each alias summons or citation issued by the 3 clerk, a minimum of $5 and a maximum of $6. 4 (r) Other Fees. 5 Any fees not covered in this Section shall be set by 6 rule or administrative order of the Circuit Court with 7 the approval of the Administrative Office of the Illinois 8 Courts. 9 The clerk of the circuit court may provide 10 additional services for which there is no fee specified 11 by statute in connection with the operation of the 12 clerk's office as may be requested by the public and 13 agreed to by the clerk and approved by the chief judge of 14 the circuit court. Any charges for additional services 15 shall be as agreed to between the clerk and the party 16 making the request and approved by the chief judge of the 17 circuit court. Nothing in this subsection shall be 18 construed to require any clerk to provide any service not 19 otherwise required by law. 20 (s) Jury Services. 21 The clerk shall be entitled to receive, in addition 22 to other fees allowed by law, the sum of a minimum of 23 $212.50 and maximum of $230, as a fee for the services of 24 a jury in every civil action not quasi-criminal in its 25 nature and not a proceeding for the exercise of the right 26 of eminent domain and in every other action wherein the 27 right of trial by jury is or may be given by law. The 28 jury fee shall be paid by the party demanding a jury at 29 the time of filing the jury demand. If the fee is not 30 paid by either party, no jury shall be called in the 31 action or proceeding, and the same shall be tried by the 32 court without a jury. 33 (t) Voluntary Assignment. 34 For filing each deed of voluntary assignment, a HB1829 Enrolled -33- LRB9205211REtm 1 minimum of $20 and a maximum of $40; for recording the 2 same, a minimum of 50¢ and a maximum of $0.80 for each 3 100 words. Exceptions filed to claims presented to an 4 assignee of a debtor who has made a voluntary assignment 5 for the benefit of creditors shall be considered and 6 treated, for the purpose of taxing costs therein, as 7 actions in which the party or parties filing the 8 exceptions shall be considered as party or parties 9 plaintiff, and the claimant or claimants as party or 10 parties defendant, and those parties respectively shall 11 pay to the clerk the same fees as provided by this 12 Section to be paid in other actions. 13 (u) Expungement Petition. 14 The clerk shall be entitled to receive a fee of a 15 minimum of $60 and a maximum of $120 for each expungement 16 petition filed and an additional fee of a minimum of $4 17 and a maximum of $8 for each certified copy of an order 18 to expunge arrest records. 19 (v) Probate. 20 The clerk is entitled to receive the fees specified in 21 this subsection (v), which shall be paid in advance, except 22 that, for good cause shown, the court may suspend, reduce, or 23 release the costs payable under this subsection: 24 (1) For administration of the estate of a decedent 25 (whether testate or intestate) or of a missing person, a 26 minimum of $150 and a maximum of $225, plus the fees 27 specified in subsection (v)(3), except: 28 (A) When the value of the real and personal 29 property does not exceed $15,000, the fee shall be a 30 minimum of $40 and a maximum of $65. 31 (B) When (i) proof of heirship alone is made, 32 (ii) a domestic or foreign will is admitted to 33 probate without administration (including proof of 34 heirship), or (iii) letters of office are issued for HB1829 Enrolled -34- LRB9205211REtm 1 a particular purpose without administration of the 2 estate, the fee shall be a minimum of $40 and a 3 maximum of $65. 4 (2) For administration of the estate of a ward, a 5 minimum of $75 and a maximum of $110, plus the fees 6 specified in subsection (v)(3), except: 7 (A) When the value of the real and personal 8 property does not exceed $15,000, the fee shall be a 9 minimum of $40 and a maximum of $65. 10 (B) When (i) letters of office are issued to a 11 guardian of the person or persons, but not of the 12 estate or (ii) letters of office are issued in the 13 estate of a ward without administration of the 14 estate, including filing or joining in the filing of 15 a tax return or releasing a mortgage or consenting 16 to the marriage of the ward, the fee shall be a 17 minimum of $20 and a maximum of $40. 18 (3) In addition to the fees payable under 19 subsection (v)(1) or (v)(2) of this Section, the 20 following fees are payable: 21 (A) For each account (other than one final 22 account) filed in the estate of a decedent, or ward, 23 a minimum of $25 and a maximum of $40. 24 (B) For filing a claim in an estate when the 25 amount claimed is $150 or more but less than $500, a 26 minimum of $20 and a maximum of $40; when the amount 27 claimed is $500 or more but less than $10,000, a 28 minimum of $40 and a maximum of $65; when the amount 29 claimed is $10,000 or more, a minimum of $60 and a 30 maximum of $90; provided that the court in allowing 31 a claim may add to the amount allowed the filing fee 32 paid by the claimant. 33 (C) For filing in an estate a claim, petition, 34 or supplemental proceeding based upon an action HB1829 Enrolled -35- LRB9205211REtm 1 seeking equitable relief including the construction 2 or contest of a will, enforcement of a contract to 3 make a will, and proceedings involving testamentary 4 trusts or the appointment of testamentary trustees, 5 a minimum of $60 and a maximum of $90. 6 (D) For filing in an estate (i) the appearance 7 of any person for the purpose of consent or (ii) the 8 appearance of an executor, administrator, 9 administrator to collect, guardian, guardian ad 10 litem, or special administrator, no fee. 11 (E) Except as provided in subsection 12 (v)(3)(D), for filing the appearance of any person 13 or persons, a minimum of $30 and a maximum of $90. 14 (F) For each jury demand, a minimum of $137.50 15 and a maximum of $180. 16 (G) For disposition of the collection of a 17 judgment or settlement of an action or claim for 18 wrongful death of a decedent or of any cause of 19 action of a ward, when there is no other 20 administration of the estate, a minimum of $50 and a 21 maximum of $80, less any amount paid under 22 subsection (v)(1)(B) or (v)(2)(B) except that if the 23 amount involved does not exceed $5,000, the fee, 24 including any amount paid under subsection (v)(1)(B) 25 or (v)(2)(B), shall be a minimum of $20 and a 26 maximum of $40. 27 (H) For each certified copy of letters of 28 office, of court order or other certification, a 29 minimum of $2 and a maximum of $4, plus $1 per page 30 in excess of 3 pages for the document certified. 31 (I) For each exemplification, $2, plus the fee 32 for certification. 33 (4) The executor, administrator, guardian, 34 petitioner, or other interested person or his or her HB1829 Enrolled -36- LRB9205211REtm 1 attorney shall pay the cost of publication by the clerk 2 directly to the newspaper. 3 (5) The person on whose behalf a charge is incurred 4 for witness, court reporter, appraiser, or other 5 miscellaneous fee shall pay the same directly to the 6 person entitled thereto. 7 (6) The executor, administrator, guardian, 8 petitioner, or other interested person or his or her 9 attorney shall pay to the clerk all postage charges 10 incurred by the clerk in mailing petitions, orders, 11 notices, or other documents pursuant to the provisions of 12 the Probate Act of 1975. 13 (w) Criminal and Quasi-Criminal Costs and Fees. 14 (1) The clerk shall be entitled to costs in all 15 criminal and quasi-criminal cases from each person 16 convicted or sentenced to supervision therein as follows: 17 (A) Felony complaints, a minimum of $125 and a 18 maximum of $190. 19 (B) Misdemeanor complaints, a minimum of $75 20 and a maximum of $110. 21 (C) Business offense complaints, a minimum of 22 $75 and a maximum of $110. 23 (D) Petty offense complaints, a minimum of $75 24 and a maximum of $110. 25 (E) Minor traffic or ordinance violations, 26 $30. 27 (F) When court appearance required, $50. 28 (G) Motions to vacate or amend final orders, a 29 minimum of $40 and a maximum of $80. 30 (H) Motions to vacate bond forfeiture orders, 31 a minimum of $30 and a maximum of $45. 32 (I) Motions to vacate ex parte judgments, 33 whenever filed, a minimum of $30 and a maximum of 34 $45. HB1829 Enrolled -37- LRB9205211REtm 1 (J) Motions to vacate judgment on forfeitures, 2 whenever filed, a minimum of $25 and a maximum of 3 $30. 4 (K) Motions to vacate "failure to appear" or 5 "failure to comply" notices sent to the Secretary of 6 State, a minimum of $40 and a maximum of $50. 7 (2) In counties having a population of 3,000,000 or 8 more, when the violation complaint is issued by a 9 municipal police department, the clerk shall be entitled 10 to costs from each person convicted therein as follows: 11 (A) Minor traffic or ordinance violations, 12 $30. 13 (B) When court appearance required, $50. 14 (3) In ordinance violation cases punishable by fine 15 only, the clerk of the circuit court shall be entitled to 16 receive, unless the fee is excused upon a finding by the 17 court that the defendant is indigent, in addition to 18 other fees or costs allowed or imposed by law, the sum of 19 a minimum of $112.50 and a maximum of $250 as a fee for 20 the services of a jury. The jury fee shall be paid by 21 the defendant at the time of filing his or her jury 22 demand. If the fee is not so paid by the defendant, no 23 jury shall be called, and the case shall be tried by the 24 court without a jury. 25 (x) Transcripts of Judgment. 26 For the filing of a transcript of judgment, the 27 clerk shall be entitled to the same fee as if it were the 28 commencement of a new suit. 29 (y) Change of Venue. 30 (1) For the filing of a change of case on a change 31 of venue, the clerk shall be entitled to the same fee as 32 if it were the commencement of a new suit. 33 (2) The fee for the preparation and certification 34 of a record on a change of venue to another jurisdiction, HB1829 Enrolled -38- LRB9205211REtm 1 when original documents are forwarded, a minimum of $40 2 and a maximum of $65. 3 (z) Tax objection complaints. 4 For each tax objection complaint containing one or 5 more tax objections, regardless of the number of parcels 6 involved or the number of taxpayers joining in the 7 complaint, a minimum of $50 and a maximum of $100. 8 (aa) Tax Deeds. 9 (1) Petition for tax deed, if only one parcel is 10 involved, a minimum of $250 and a maximum of $400. 11 (2) For each additional parcel, add a fee of a 12 minimum of $100 and a maximum of $200. 13 (bb) Collections. 14 (1) For all collections made of others, except the 15 State and county and except in maintenance or child 16 support cases, a sum equal to 3.0% of the amount 17 collected and turned over. 18 (2) Interest earned on any funds held by the clerk 19 shall be turned over to the county general fund as an 20 earning of the office. 21 (3) For any check, draft, or other bank instrument 22 returned to the clerk for non-sufficient funds, account 23 closed, or payment stopped, $25. 24 (4) In child support and maintenance cases, the 25 clerk, if authorized by an ordinance of the county board, 26 may collect an annual fee of up to $36 from the person 27 making payment for maintaining child support records and 28 the processing of support orders to the State of Illinois 29 KIDS system and the recording of payments issued by the 30 State Disbursement Unit for the official record of the 31 Court. This fee shall be in addition to and separate 32 from amounts ordered to be paid as maintenance or child 33 support and shall be deposited into a Separate 34 Maintenance and Child Support Collection Fund, of which HB1829 Enrolled -39- LRB9205211REtm 1 the clerk shall be the custodian, ex-officio, to be used 2 by the clerk to maintain child support orders and record 3 all payments issued by the State Disbursement Unit for 4 the official record of the Court. The clerk may recover 5 from the person making the maintenance or child support 6 payment any additional cost incurred in the collection of 7 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 11 Law and these fees shall also be deposited into the 12 Separate 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 17 office, to be charged against the party that filed the 18 document, a minimum of $25 and a maximum of $40. 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" 23 means an agency of the State or a unit of local 24 government which is vested by law or ordinance with the 25 duty to maintain public order and to enforce criminal 26 laws or ordinances. "Law enforcement agency" also means 27 the Attorney General or any state's attorney. 28 (2) No fee provided herein shall be charged to any 29 unit of local government or school district. The fee 30 requirements of this Section shall not apply to any 31 action instituted under subsection (b) of Section 11-31-1 32 of the Illinois Municipal Code by a private owner or 33 tenant of real property within 1200 feet of a dangerous 34 or unsafe building seeking an order compelling the owner HB1829 Enrolled -40- LRB9205211REtm 1 or owners of the building to take any of the actions 2 authorized under that subsection. 3 (ee) Adoption. 4 (1) For an adoption.............................$65 5 (2) Upon good cause shown, the court may waive the 6 adoption filing fee in a special needs adoption. The 7 term "special needs adoption" shall have the meaning 8 ascribed to it by the Illinois Department of Children and 9 Family Services. 10 (ff) Adoption exemptions. 11 No fee other than that set forth in subsection (ee) 12 shall be charged to any person in connection with an 13 adoption proceeding. 14 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 15 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 16 6-13-00.)