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92_SB0385ham004
LRB9206081TAtmam14
1 AMENDMENT TO SENATE BILL 385
2 AMENDMENT NO. . Amend Senate Bill 385 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Counties Code is amended by changing
5 Sections 3-5018, 3-5036, 4-2002.1, 4-4001, 4-12003, 5-1113,
6 and 5-39001 as follows:
7 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
8 (Text of Section before amendment by P.A. 91-893)
9 Sec. 3-5018. Fees. The recorder elected as provided for
10 in this Division shall receive such fees as are or may be
11 provided for him by law, in case of provision therefor:
12 otherwise he shall receive the same fees as are or may be
13 provided in this Section, except when increased by county
14 ordinance pursuant to the provisions of this Section, to be
15 paid to the county clerk for his services in the office of
16 recorder for like services. No filing fee shall be charged
17 for providing informational copies of financing statements to
18 the recorder pursuant to subsection (8) of Section 9-403 of
19 the Uniform Commercial Code.
20 For recording deeds or other instruments $12 for the
21 first 4 pages thereof, plus $1 for each additional page
22 thereof, plus $1 for each additional document number therein
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1 noted. The aggregate minimum fee for recording any one
2 instrument shall not be less than $12.
3 For recording deeds or other instruments wherein the
4 premises affected thereby are referred to by document number
5 and not by legal description a fee of $1 in addition to that
6 hereinabove referred to for each document number therein
7 noted.
8 For recording assignments of mortgages, leases or liens
9 $12 for the first 4 pages thereof, plus $1 for each
10 additional page thereof. However, except for leases and
11 liens pertaining to oil, gas and other minerals, whenever a
12 mortgage, lease or lien assignment assigns more than one
13 mortgage, lease or lien document, a $7 fee shall be charged
14 for the recording of each such mortgage, lease or lien
15 document after the first one.
16 For recording maps or plats of additions or subdivisions
17 approved by the county or municipality (including the
18 spreading of the same of record in map case or other proper
19 books) or plats of condominiums $50 for the first page, plus
20 $1 for each additional page thereof except that in the case
21 of recording a single page, legal size 8 1/2 x 14, plat of
22 survey in which there are no more than two lots or parcels of
23 land, the fee shall be $12. In each county where such maps
24 or plats are to be recorded, the recorder may require the
25 same to be accompanied by such number of exact, true and
26 legible copies thereof as the recorder deems necessary for
27 the efficient conduct and operation of his office.
28 For certified copies of records the same fees as for
29 recording, but in no case shall the fee for a certified copy
30 of a map or plat of an addition, subdivision or otherwise
31 exceed $10.
32 Each certificate of such recorder of the recording of the
33 deed or other writing and of the date of recording the same
34 signed by such recorder, shall be sufficient evidence of the
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1 recording thereof, and such certificate including the
2 indexing of record, shall be furnished upon the payment of
3 the fee for recording the instrument, and no additional fee
4 shall be allowed for the certificate or indexing.
5 The recorder shall charge an additional fee, in an amount
6 equal to the fee otherwise provided by law, for recording a
7 document (other than a document filed under the Plat Act or
8 the Uniform Commercial Code) that does not conform to the
9 following standards:
10 (1) The document shall consist of one or more
11 individual sheets measuring 8.5 inches by 11 inches, not
12 permanently bound and not a continuous form. Graphic
13 displays accompanying a document to be recorded that
14 measure up to 11 inches by 17 inches shall be recorded
15 without charging an additional fee.
16 (2) The document shall be legibly printed in black
17 ink, by hand, type, or computer. Signatures and dates
18 may be in contrasting colors if they will reproduce
19 clearly.
20 (3) The document shall be on white paper of not
21 less than 20-pound weight and shall have a clean margin
22 of at least one-half inch on the top, the bottom, and
23 each side. Margins may be used for non-essential
24 notations that will not affect the validity of the
25 document, including but not limited to form numbers, page
26 numbers, and customer notations.
27 (4) The first page of the document shall contain a
28 blank space, measuring at least 3 inches by 5 inches,
29 from the upper right corner.
30 (5) The document shall not have any attachment
31 stapled or otherwise affixed to any page.
32 A document that does not conform to these standards shall not
33 be recorded except upon payment of the additional fee
34 required under this paragraph. This paragraph, as amended by
-4- LRB9206081TAtmam14
1 this amendatory Act of 1995, applies only to documents dated
2 after the effective date of this amendatory Act of 1995.
3 The county board of any county may by resolution provide
4 for an additional charge of $3 for filing every instrument,
5 paper, or notice for record, in order to defray the cost of
6 the county recorder's operations relating to computer,
7 micrographics, or any other means of automation of books and
8 records. converting the county recorder's document storage
9 system to computers or micrographics.
10 A special fund shall be set up by the treasurer of the
11 county and such funds collected pursuant to the preceding
12 paragraph Public Act 83-1321 shall be used solely for the
13 costs and necessary expenses incurred by a county recorder to
14 implement and maintain the automation of books and records by
15 computer, micrographics, or any other means, including but
16 not limited to electronic interface allowing public access to
17 these records over the World Wide Web. a document storage
18 system to provide the equipment, materials and necessary
19 expenses incurred to help defray the costs of implementing
20 and maintaining such a document records system.
21 The county board of any county that provides and
22 maintains a countywide map through a Geographic Information
23 System (GIS) may provide for an additional charge of $3 for
24 filing every instrument, paper, or notice for record in order
25 to defray the cost of implementing or maintaining the
26 county's Geographic Information System. Of that amount, $2
27 must be deposited into a special fund set up by the treasurer
28 of the county, and any moneys collected pursuant to this
29 amendatory Act of the 91st General Assembly and deposited
30 into that fund must be used solely for the equipment,
31 materials, and necessary expenses incurred in implementing
32 and maintaining a Geographic Information System. The
33 remaining $1 must be deposited into the recorder's special
34 funds created under Section 3-5005.4. The recorder may, in
-5- LRB9206081TAtmam14
1 his or her discretion, use moneys in the funds created under
2 Section 3-5005.4 to defray the cost of implementing or
3 maintaining the county's Geographic Information System.
4 The foregoing fees allowed by this Section are the
5 maximum fees that may be collected from any officer, agency,
6 department or other instrumentality of the State. The county
7 board may, however, by ordinance, increase the fees allowed
8 by this Section and collect such increased fees from all
9 persons and entities other than officers, agencies,
10 departments and other instrumentalities of the State if the
11 increase is justified by an acceptable cost study showing
12 that the fees allowed by this Section are not sufficient to
13 cover the cost of providing the service.
14 A statement of the costs of providing each service,
15 program and activity shall be prepared by the county board.
16 All supporting documents shall be public record and subject
17 to public examination and audit. All direct and indirect
18 costs, as defined in the United States Office of Management
19 and Budget Circular A-87, may be included in the
20 determination of the costs of each service, program and
21 activity.
22 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
23 91-886, eff. 1-1-01.)
24 (Text of Section after amendment by P.A. 91-893)
25 Sec. 3-5018. Fees. The recorder elected as provided for
26 in this Division shall receive such fees as are or may be
27 provided for him by law, in case of provision therefor:
28 otherwise he shall receive the same fees as are or may be
29 provided in this Section, except when increased by county
30 ordinance pursuant to the provisions of this Section, to be
31 paid to the county clerk for his services in the office of
32 recorder for like services.
33 For recording deeds or other instruments $12 for the
34 first 4 pages thereof, plus $1 for each additional page
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1 thereof, plus $1 for each additional document number therein
2 noted. The aggregate minimum fee for recording any one
3 instrument shall not be less than $12.
4 For recording deeds or other instruments wherein the
5 premises affected thereby are referred to by document number
6 and not by legal description a fee of $1 in addition to that
7 hereinabove referred to for each document number therein
8 noted.
9 For recording assignments of mortgages, leases or liens
10 $12 for the first 4 pages thereof, plus $1 for each
11 additional page thereof. However, except for leases and
12 liens pertaining to oil, gas and other minerals, whenever a
13 mortgage, lease or lien assignment assigns more than one
14 mortgage, lease or lien document, a $7 fee shall be charged
15 for the recording of each such mortgage, lease or lien
16 document after the first one.
17 For recording maps or plats of additions or subdivisions
18 approved by the county or municipality (including the
19 spreading of the same of record in map case or other proper
20 books) or plats of condominiums $50 for the first page, plus
21 $1 for each additional page thereof except that in the case
22 of recording a single page, legal size 8 1/2 x 14, plat of
23 survey in which there are no more than two lots or parcels of
24 land, the fee shall be $12. In each county where such maps
25 or plats are to be recorded, the recorder may require the
26 same to be accompanied by such number of exact, true and
27 legible copies thereof as the recorder deems necessary for
28 the efficient conduct and operation of his office.
29 For certified copies of records the same fees as for
30 recording, but in no case shall the fee for a certified copy
31 of a map or plat of an addition, subdivision or otherwise
32 exceed $10.
33 Each certificate of such recorder of the recording of the
34 deed or other writing and of the date of recording the same
-7- LRB9206081TAtmam14
1 signed by such recorder, shall be sufficient evidence of the
2 recording thereof, and such certificate including the
3 indexing of record, shall be furnished upon the payment of
4 the fee for recording the instrument, and no additional fee
5 shall be allowed for the certificate or indexing.
6 The recorder shall charge an additional fee, in an amount
7 equal to the fee otherwise provided by law, for recording a
8 document (other than a document filed under the Plat Act or
9 the Uniform Commercial Code) that does not conform to the
10 following standards:
11 (1) The document shall consist of one or more
12 individual sheets measuring 8.5 inches by 11 inches, not
13 permanently bound and not a continuous form. Graphic
14 displays accompanying a document to be recorded that
15 measure up to 11 inches by 17 inches shall be recorded
16 without charging an additional fee.
17 (2) The document shall be legibly printed in black
18 ink, by hand, type, or computer. Signatures and dates
19 may be in contrasting colors if they will reproduce
20 clearly.
21 (3) The document shall be on white paper of not
22 less than 20-pound weight and shall have a clean margin
23 of at least one-half inch on the top, the bottom, and
24 each side. Margins may be used for non-essential
25 notations that will not affect the validity of the
26 document, including but not limited to form numbers, page
27 numbers, and customer notations.
28 (4) The first page of the document shall contain a
29 blank space, measuring at least 3 inches by 5 inches,
30 from the upper right corner.
31 (5) The document shall not have any attachment
32 stapled or otherwise affixed to any page.
33 A document that does not conform to these standards shall not
34 be recorded except upon payment of the additional fee
-8- LRB9206081TAtmam14
1 required under this paragraph. This paragraph, as amended by
2 this amendatory Act of 1995, applies only to documents dated
3 after the effective date of this amendatory Act of 1995.
4 The county board of any county may by resolution provide
5 for an additional charge of $3 for filing every instrument,
6 paper, or notice for record, in order to defray the cost of
7 the county recorder's operations relating to computer,
8 micrographics, or any other means of automation of books and
9 records. converting the county recorder's document storage
10 system to computers or micrographics.
11 A special fund shall be set up by the treasurer of the
12 county and such funds collected pursuant to the preceding
13 paragraph Public Act 83-1321 shall be used solely for the
14 costs and necessary expenses incurred by a county recorder to
15 implement and maintain the automation of books and records by
16 computer, micrographics, or any other means, including but
17 not limited to electronic interface allowing public access to
18 these records over the World Wide Web. a document storage
19 system to provide the equipment, materials and necessary
20 expenses incurred to help defray the costs of implementing
21 and maintaining such a document records system.
22 The county board of any county that provides and
23 maintains a countywide map through a Geographic Information
24 System (GIS) may provide for an additional charge of $3 for
25 filing every instrument, paper, or notice for record in order
26 to defray the cost of implementing or maintaining the
27 county's Geographic Information System. Of that amount, $2
28 must be deposited into a special fund set up by the treasurer
29 of the county, and any moneys collected pursuant to this
30 amendatory Act of the 91st General Assembly and deposited
31 into that fund must be used solely for the equipment,
32 materials, and necessary expenses incurred in implementing
33 and maintaining a Geographic Information System. The
34 remaining $1 must be deposited into the recorder's special
-9- LRB9206081TAtmam14
1 funds created under Section 3-5005.4. The recorder may, in
2 his or her discretion, use moneys in the funds created under
3 Section 3-5005.4 to defray the cost of implementing or
4 maintaining the county's Geographic Information System.
5 The foregoing fees allowed by this Section are the
6 maximum fees that may be collected from any officer, agency,
7 department or other instrumentality of the State. The county
8 board may, however, by ordinance, increase the fees allowed
9 by this Section and collect such increased fees from all
10 persons and entities other than officers, agencies,
11 departments and other instrumentalities of the State if the
12 increase is justified by an acceptable cost study showing
13 that the fees allowed by this Section are not sufficient to
14 cover the cost of providing the service.
15 A statement of the costs of providing each service,
16 program and activity shall be prepared by the county board.
17 All supporting documents shall be public record and subject
18 to public examination and audit. All direct and indirect
19 costs, as defined in the United States Office of Management
20 and Budget Circular A-87, may be included in the
21 determination of the costs of each service, program and
22 activity.
23 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
24 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)
25 (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)
26 Sec. 3-5036. Records open to inspection. All records,
27 indices, abstract and other books kept in the office of any
28 recorder, and all instruments filed therein and all
29 instruments deposited or left for recordation therein shall,
30 during the office hours, be open for public inspection and
31 examination; and all persons shall have free access for
32 inspection and examination to such records, indices, books
33 and instruments, which the recorders shall be bound to
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1 exhibit to those who wish to inspect or examine the same; and
2 all persons shall have the right to take memoranda and
3 abstracts thereof without fee or reward. This Section is
4 subject to the provisions of "The Local Records Act".
5 Records, indices, abstracts, and other books kept in the
6 office of the recorder, and all instruments filed, deposited,
7 or left there for recordation, may be made available on a Web
8 site maintained by the county recorder on the World Wide Web.
9 Making records available on the World Wide Web does not alter
10 or satisfy any duties of the county recorder to keep,
11 maintain, or otherwise make available records of the office
12 as required by law. The records posted by the recorder on the
13 World Wide Web may include those public records created and
14 maintained in the normal course of the recorder's official
15 business. These records may be processed, as necessary, to
16 make them accessible on the World Wide Web. These Web-posted
17 records shall be viewable to all persons without any fee or
18 charge. The county board may, by resolution, authorize the
19 recorder to establish other Web-based services for which a
20 reasonable fee may be charged.
21 (Source: P.A. 86-962.)
22 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
23 Sec. 4-2002.1. State's attorney fees in counties of
24 3,000,000 or more population. This Section applies only to
25 counties with 3,000,000 or more inhabitants. In addition,
26 counties with 80,000 or more inhabitants but less than
27 3,000,000 inhabitants may by resolution provide for fee
28 amounts up to the amounts listed in this Section; otherwise,
29 the applicable fee amounts shall be as provided in Section
30 4-2002 of this Code.
31 (a) State's attorneys shall be entitled to the following
32 fees:
33 For each conviction in prosecutions on indictments for
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1 first degree murder, second degree murder, involuntary
2 manslaughter, criminal sexual assault, aggravated criminal
3 sexual assault, aggravated criminal sexual abuse, kidnapping,
4 arson and forgery, $60. All other cases punishable by
5 imprisonment in the penitentiary, $60.
6 For each conviction in other cases tried before judges of
7 the circuit court, $30; except that if the conviction is in a
8 case which may be assigned to an associate judge, whether or
9 not it is in fact assigned to an associate judge, the fee
10 shall be $20.
11 For preliminary examinations for each defendant held to
12 bail or recognizance, $20.
13 For each examination of a party bound over to keep the
14 peace, $20.
15 For each defendant held to answer in a circuit court on a
16 charge of paternity, $20.
17 For each trial on a charge of paternity, $60.
18 For each case of appeal taken from his county or from the
19 county to which a change of venue is taken to his county to
20 the Supreme or Appellate Court when prosecuted or defended by
21 him, $100.
22 For each day actually employed in the trial of a case,
23 $50; in which case the court before whom the case is tried
24 shall make an order specifying the number of days for which a
25 per diem shall be allowed.
26 For each day actually employed in the trial of cases of
27 felony arising in their respective counties and taken by
28 change of venue to another county, $50; and the court before
29 whom the case is tried shall make an order specifying the
30 number of days for which said per diem shall be allowed; and
31 it is hereby made the duty of each State's attorney to
32 prepare and try each case of felony arising when so taken by
33 change of venue.
34 For assisting in a trial of each case on an indictment
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1 for felony brought by change of venue to their respective
2 counties, the same fees they would be entitled to if such
3 indictment had been found for an offense committed in his
4 county, and it shall be the duty of the State's attorney of
5 the county to which such cause is taken by change of venue to
6 assist in the trial thereof.
7 For each case of forfeited recognizance where the
8 forfeiture is set aside at the instance of the defense, in
9 addition to the ordinary costs, $20 for each defendant.
10 For each proceeding in a circuit court to inquire into
11 the alleged mental illness of any person, $20 for each
12 defendant.
13 For each proceeding in a circuit court to inquire into
14 the alleged dependency or delinquency of any child, $20.
15 For each day actually employed in the hearing of a case
16 of habeas corpus in which the people are interested, $50.
17 All the foregoing fees shall be taxed as costs to be
18 collected from the defendant, if possible, upon conviction.
19 But in cases of inquiry into the mental illness of any person
20 alleged to be mentally ill, in cases on a charge of paternity
21 and in cases of appeal in the Supreme or Appellate Court,
22 where judgment is in favor of the accused, the fees allowed
23 the State's attorney therein shall be retained out of the
24 fines and forfeitures collected by them in other cases.
25 Ten per cent of all moneys except revenue, collected by
26 them and paid over to the authorities entitled thereto, which
27 per cent together with the fees provided for herein that are
28 not collected from the parties tried or examined, shall be
29 paid out of any fines and forfeited recognizances collected
30 by them, provided however, that in proceedings to foreclose
31 the lien of delinquent real estate taxes State's attorneys
32 shall receive a fee, to be credited to the earnings of their
33 office, of 10% of the total amount realized from the sale of
34 real estate sold in such proceedings. Such fees shall be paid
-13- LRB9206081TAtmam14
1 from the total amount realized from the sale of the real
2 estate sold in such proceedings.
3 State's attorneys shall have a lien for their fees on all
4 judgments for fines or forfeitures procured by them and on
5 moneys except revenue received by them until such fees and
6 earnings are fully paid.
7 No fees shall be charged on more than 10 counts in any
8 one indictment or information on trial and conviction; nor on
9 more than 10 counts against any one defendant on pleas of
10 guilty.
11 The Circuit Court may direct that of all monies received,
12 by restitution or otherwise, which monies are ordered paid to
13 the Department of Public Aid or the Department of Human
14 Services (acting as successor to the Department of Public Aid
15 under the Department of Human Services Act) as a direct
16 result of the efforts of the State's attorney and which
17 payments arise from Civil or Criminal prosecutions involving
18 the Illinois Public Aid Code or the Criminal Code, the
19 following amounts shall be paid quarterly by the Department
20 of Public Aid or the Department of Human Services to the
21 General Corporate Fund of the County in which the prosecution
22 or cause of action took place:
23 (1) where the monies result from child support
24 obligations, not less than 25% of the federal share of
25 the monies received,
26 (2) where the monies result from other than child
27 support obligations, not less than 25% of the State's
28 share of the monies received.
29 (b) A municipality shall be entitled to a $10
30 prosecution fee for each conviction for a violation of the
31 Illinois Vehicle Code prosecuted by the municipal attorney
32 pursuant to Section 16-102 of that Code which is tried before
33 a circuit or associate judge and shall be entitled to a $10
34 prosecution fee for each conviction for a violation of a
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1 municipal vehicle ordinance prosecuted by the municipal
2 attorney which is tried before a circuit or associate judge.
3 Such fee shall be taxed as costs to be collected from the
4 defendant, if possible, upon conviction. A municipality
5 shall have a lien for such prosecution fees on all judgments
6 or fines procured by the municipal attorney from prosecutions
7 for violations of the Illinois Vehicle Code and municipal
8 vehicle ordinances.
9 For the purposes of this subsection (b), "municipal
10 vehicle ordinance" means any ordinance enacted pursuant to
11 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the
12 Illinois Municipal Code or any ordinance enacted by a
13 municipality which is similar to a provision of Chapter 11 of
14 the Illinois Vehicle Code.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
17 Sec. 4-4001. County Clerks; counties of first and second
18 class. The fees of the county clerk in counties of the first
19 and second class, except when increased by county ordinance
20 pursuant to the provisions of this Section, shall be:
21 For each official copy of any process, file, record or
22 other instrument of and pertaining to his office, 50¢ for
23 each 100 words, and $1 additional for certifying and sealing
24 the same.
25 For filing any paper not herein otherwise provided for,
26 $1, except that no fee shall be charged for filing a
27 Statement of economic interest pursuant to the Illinois
28 Governmental Ethics Act or reports made pursuant to Article 9
29 of The Election Code.
30 For issuance of fireworks permits, $2.
31 For issuance of liquor licenses, $5.
32 For filing and recording of the appointment and oath of
33 each public official, $3.
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1 For officially certifying and sealing each copy of any
2 process, file, record or other instrument of and pertaining
3 to his office, $1.
4 For swearing any person to an affidavit, $1.
5 For issuing each license in all matters except where the
6 fee for the issuance thereof is otherwise fixed, $4.
7 For issuing each marriage license, the certificate
8 thereof, and for recording the same, including the recording
9 of the parent's or guardian's consent where indicated, $15.
10 For taking and certifying acknowledgments to any
11 instrument, except where herein otherwise provided for, $1.
12 For issuing each certificate of appointment or
13 commission, the fee for which is not otherwise fixed by law,
14 $1.
15 For cancelling tax sale and issuing and sealing
16 certificates of redemption, $3.
17 For issuing order to county treasurer for redemption of
18 forfeited tax, $2.
19 For trying and sealing weights and measures by county
20 standard, together with all actual expenses in connection
21 therewith, $1.
22 For services in case of estrays, $2.
23 The following fees shall be allowed for services
24 attending the sale of land for taxes, and shall be charged as
25 costs against the delinquent property and be collected with
26 the taxes thereon:
27 For services in attending the tax sale and issuing
28 certificate of sale and sealing the same, for each tract or
29 town lot sold, $4. The County Board of any county of the
30 first or second class may by resolution authorize the County
31 Clerk to impose an additional $10 charge for issuing each
32 certificate of sale for the sole purpose of defraying the
33 cost of converting the County Clerk's tax extension and
34 redemption system to computers and micrographics and for
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1 maintaining this system. The County Board of any county of
2 the first or second class may by resolution authorize the
3 County Treasurer to establish a special fund for deposit of
4 the additional charge. Moneys in the special fund shall be
5 used solely to provide the equipment, material, and necessary
6 expenses incurred to help defray the cost of implementing and
7 maintaining the tax extension and redemption system.
8 For making list of delinquent lands and town lots sold,
9 to be filed with the Comptroller, for each tract or town lot
10 sold, 10¢.
11 The foregoing fees allowed by this Section are the
12 maximum fees that may be collected from any officer, agency,
13 department or other instrumentality of the State. The county
14 board may, however, by ordinance, increase the fees allowed
15 by this Section and collect such increased fees from all
16 persons and entities other than officers, agencies,
17 departments and other instrumentalities of the State if the
18 increase is justified by an acceptable cost study showing
19 that the fees allowed by this Section are not sufficient to
20 cover the cost of providing the service.
21 A Statement of the costs of providing each service,
22 program and activity shall be prepared by the county board.
23 All supporting documents shall be public record and subject
24 to public examination and audit. All direct and indirect
25 costs, as defined in the United States Office of Management
26 and Budget Circular A-87, may be included in the
27 determination of the costs of each service, program and
28 activity.
29 The county clerk in all cases may demand and receive the
30 payment of all fees for services in advance so far as the
31 same can be ascertained.
32 The county board of any county of the first or second
33 class may by ordinance authorize the county clerk to impose
34 an additional $2 charge for certified copies of vital records
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1 as defined in Section 1 of the Vital Records Act, for the
2 sole purpose of defraying the cost of converting the county
3 clerk's document storage system for vital records as defined
4 in Section 1 of the Vital Records Act to computers or
5 micrographics, and for maintaining such system.
6 The county board of any county of the first or second
7 class may by ordinance authorize the county treasurer to
8 establish a special fund for deposit of the additional
9 charge. Moneys in the special fund shall be used solely to
10 provide the equipment, material and necessary expenses
11 incurred to help defray the cost of implementing and
12 maintaining such document storage system.
13 The fees allowed by this Section are the maximum fees
14 that may be collected from any officer, agency, department,
15 or other instrumentality of the State. The county board may,
16 however, by resolution, increase the fees allowed by this
17 Section and collect these increased fees from all persons and
18 entities other than officers, agencies, departments, and
19 other instrumentalities of the State if the increase is
20 justified by an acceptable cost study showing that the fees
21 allowed by this Section are not sufficient to cover the cost
22 of providing the service.
23 A Statement of the costs of providing each service,
24 program, and activity shall be prepared by the county board.
25 All supporting documents shall be public records and subject
26 to public examination and audit. All direct and indirect
27 costs, as defined in the United States Office of Management
28 and Budget Circular A-87, may be included in the
29 determination of the costs of each service, program, and
30 activity.
31 The county clerk in all cases may demand and receive the
32 payment of all service fees in advance so far as these fees
33 can be ascertained in advance.
34 (Source: P.A. 86-962.)
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1 (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
2 Sec. 4-12003. Fees of county clerk in third class
3 counties. The fees of the county clerk in counties of the
4 third class are:
5 For issuing each marriage license, sealing, filing and
6 recording the same and the certificate thereto (one charge),
7 $30.
8 For taking, certifying to and sealing the acknowledgment
9 of a deed, power of attorney, or other writing, $1.
10 For filing and entering certificates in case of estrays,
11 and furnishing notices for publication thereof (one charge),
12 $1.50.
13 For recording all papers and documents required by law to
14 be recorded in the office of the county clerk, $2 plus 30¢
15 for every 100 words in excess of 600 words.
16 For certificate and seal, not in a case in a court
17 whereof he is clerk, $1.
18 For making and certifying a copy of any record or paper
19 in his office, $2 for every page.
20 For filing papers in his office, 50¢ for each paper
21 filed, except that no fee shall be charged for filing a
22 Statement of economic interest pursuant to the Illinois
23 Governmental Ethics Act or reports made pursuant to Article 9
24 of The Election Code.
25 For making transcript of taxable property for the
26 assessors, 8¢ for each tract of land or town lot. For
27 extending other than State and county taxes, 8¢ for each tax
28 on each tract or lot, and 8¢ for each person's personal tax,
29 to be paid by the authority for whose benefit the transcript
30 is made and the taxes extended. The county clerk shall
31 certify to the county collector the amount due from each
32 authority for such services and the collector in his
33 settlement with such authority shall reserve such amount from
34 the amount payable by him to such authority.
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1 For adding and bringing forward with current tax warrants
2 amounts due for forfeited or withdrawn special assessments,
3 8¢ for each lot or tract of land described and transcribed.
4 For computing and extending each assessment or
5 installment thereof and interest, 8¢ on each description; and
6 for computing and extending each penalty, 8¢ on each
7 description. These fees shall be paid by the city, village,
8 or taxing body for whose benefit the transcript is made and
9 the assessment and penalties are extended. The county clerk
10 shall certify to the county collector the amount due from
11 each city, village or taxing body, for such services, and the
12 collector in his settlement with such taxing body shall
13 reserve such amount from the amount payable by him to such
14 city, village or other taxing body.
15 For cancelling certificates of sale, $4 for each tract or
16 lot.
17 For making search and report of general taxes and special
18 assessments for use in the preparation of estimate of cost of
19 redemption from sales or forfeitures or withdrawals or for
20 use in the preparation of estimate of cost of purchase of
21 forfeited property, or for use in preparation of order on the
22 county collector for searches requested by buyers at annual
23 tax sale, for each lot or tract, $4 for the first year
24 searched, and $2 for each additional year or fraction
25 thereof.
26 For preparing from tax search report estimate of cost of
27 redemption concerning property sold, forfeited or withdrawn
28 for non-payment of general taxes and special assessments, if
29 any, $1 for each lot or tract.
30 For certificate of deposit for redemption, $4.
31 For preparing from tax search report estimate of and
32 order to county collector to receive amount necessary to
33 redeem or purchase lands or lots forfeited for non-payment of
34 general taxes, $3 for each lot or tract.
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1 For preparing from tax search report estimate of and
2 order to county collector to receive amount necessary to
3 redeem or purchase lands or lots forfeited for non-payment of
4 special assessments, $4 for each lot or tract.
5 For issuing certificate of sale of forfeited property,
6 $10.
7 For noting on collector's warrants tax sales subject to
8 redemption, 20¢ for each tract or lot of land, to be paid by
9 either the person making the redemption from tax sale, the
10 person surrendering the certificate of sale for cancellation,
11 or the person taking out tax deed.
12 For noting on collector's warrant special assessments
13 withdrawn from collection 20¢ for each tract or lot of land,
14 to be charged against the lot assessed in the withdrawn
15 special assessment when brought forward with current tax or
16 when redeemed by the county clerk. The county clerk shall
17 certify to the county collector the amount due from each
18 city, village or taxing body for such fees, each year, and
19 the county collector in his settlement with such taxing body
20 shall reserve such amount from the amount payable by him to
21 such taxing body.
22 For taking and approving official bond of a town
23 assessor, filing and recording same, and issuing certificate
24 of election or qualification to such official or to the
25 Secretary of State, $10, to be paid by the officer-elect.
26 For certified copies of plats, 20¢ for each lot shown in
27 copy, but no charge less than $4.
28 For tax search and issuing Statement regarding same on
29 new plats to be recorded, $10.
30 For furnishing written description in conformity with
31 permanent real estate index number, $2 for each written
32 description.
33 The following fees shall be allowed for services in
34 matters of taxes and assessments, and shall be charged as
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1 costs against the delinquent property, and collected with the
2 taxes thereon:
3 For entering judgment, 8¢ for each tract or lot.
4 For services in attending the tax sale and issuing
5 certificates of sale and sealing the same, $10 for each tract
6 or lot. The County Board may by resolution authorize the
7 County Clerk to impose an additional $10 charge for issuing
8 each certificate of sale for the sole purpose of defraying
9 the cost of converting the County Clerk's tax extension and
10 redemption system to computers and micrographics and for
11 maintaining this system. The County Board may by resolution
12 authorize the County Treasurer to establish a special fund
13 for deposit of the additional charge. Moneys in the special
14 fund shall be used solely to provide the equipment,
15 material, and necessary expenses incurred to help defray the
16 cost of implementing and maintaining the tax extension and
17 redemption system.
18 For making list of delinquent lands and town lots sold,
19 to be filed with the State Comptroller, 10¢ for each tract or
20 lot sold.
21 The following fees shall be audited and allowed by the
22 board of county commissioners and paid from the county
23 treasury.
24 For computing State or county taxes, on each description
25 of real estate and each person's, firm's or corporation's
26 personal property tax, for each extension of each tax, 4¢,
27 which shall include the transcribing of the collector's
28 books.
29 For computing, extending and bringing forward, and adding
30 to the current tax, the amount due for general taxes on lands
31 and lots previously forfeited to the State, for each
32 extension of each tax, 4¢ for the first year, and for
33 computing and extending the tax and penalty for each
34 additional year, 6¢.
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1 For making duplicate or triplicate sets of books,
2 containing transcripts of taxable property, for the board of
3 assessors and board of review, 3¢ for each description
4 entered in each book.
5 For filing, indexing and recording or binding each birth,
6 death or stillbirth certificate or report, 15¢, which fee
7 shall be in full for all services in connection therewith,
8 including the keeping of accounts with district registrars.
9 For posting new subdivisions or plats in official
10 atlases, 25¢ for each lot.
11 For compiling new sheets for atlases, 20¢ for each lot.
12 For compiling new atlases, including necessary record
13 searches, 25¢ for each lot.
14 For investigating and reporting on each new plat,
15 referred to county clerk, $2.
16 For attending sessions of the board of county
17 commissioners thereof, $5 per day, for each clerk in
18 attendance.
19 For recording proceedings of the board of county
20 commissioners, 15¢ per 100 words.
21 For filing papers which must be kept in office of
22 comptroller of Cook County, 10¢ for each paper filed.
23 For filing and indexing contracts, bonds, communications,
24 and other such papers which must be kept in office of
25 comptroller of Cook County, 15¢ for each document.
26 For swearing any person to necessary affidavits relating
27 to the correctness of claims against the county, 25¢.
28 For issuing warrants in payment of salaries, supplies and
29 other accounts, and all necessary auditing and bookkeeping
30 work in connection therewith, 10¢ each.
31 The fee requirements of this Section do not apply to
32 units of local government or school districts.
33 (Source: P.A. 86-962; 87-669.)
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1 (55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113)
2 Sec. 5-1113. Ordinance and rules to execute powers;
3 limitations on punishments. The county board may pass all
4 ordinances and make all rules and regulations proper or
5 necessary, to carry into effect the powers granted to
6 counties, with such fines or penalties as may be deemed
7 proper except where a specific provision for a fine or
8 penalty is provided by law. No fine or penalty, however,
9 except civil penalties provided for failure to make returns
10 or to pay any taxes levied by the county shall exceed $750
11 $500.
12 (Source: P.A. 86-962.)
13 (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
14 Sec. 5-39001. Establishment and use; fee. The county
15 board of any county may establish and maintain a county law
16 library, to be located in any county building or privately or
17 publicly owned building at the county seat of government.
18 The term "county building" includes premises leased by the
19 county from a public building commission created under the
20 Public Building Commission Act. After August 2, 1976, the
21 county board of any county may establish and maintain a
22 county law library at the county seat of government and, in
23 addition, branch law libraries in other locations within
24 that county as the county board deems necessary.
25 The facilities of those libraries shall be freely
26 available to all licensed Illinois attorneys, judges, other
27 public officers of the county, and all members of the public,
28 whenever the court house is open.
29 The expense of establishing and maintaining those
30 libraries shall be borne by the county. To defray that
31 expense, in any county having established a county law
32 library or libraries, the clerk of all trial courts located
33 at the county seat of government shall charge and collect a
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1 county law library fee of $2, and the county board may by
2 resolution authorize a county law library fee of not to
3 exceed $19 $10, to be charged and collected by the clerks of
4 all trial courts located in the county. Beginning on January
5 1, 2003, and through January 1, 2007, the maximum fee that a
6 county board may authorize shall increase by $1 each year.
7 The fee shall be paid at the time of filing the first
8 pleading, paper, or other appearance filed by each party in
9 all civil cases, but no additional fee shall be required if
10 more than one party is represented in a single pleading,
11 paper, or other appearance.
12 Each clerk shall commence those charges and collections
13 upon receipt of written notice from the chairman of the
14 county board that the board has acted under this Division to
15 establish and maintain a law library.
16 The fees shall be in addition to all other fees and
17 charges of the clerks, assessable as costs, remitted by the
18 clerks monthly to the county treasurer, and retained by the
19 county treasurer in a special fund designated as the County
20 Law Library Fund. Except as otherwise provided in this
21 paragraph, disbursements from the fund shall be by the county
22 treasurer, on order of a majority of the resident circuit
23 judges of the circuit court of the county. In any county with
24 more than 2,000,000 inhabitants, the county board shall order
25 disbursements from the fund and the presiding officer of the
26 county board, with the advice and consent of the county
27 board, may appoint a library committee of not less than 9
28 members, who, by majority vote, may recommend to the county
29 board as to disbursements of the fund and the operation of
30 the library. In single county circuits with 2,000,000 or
31 fewer inhabitants, disbursements from the County Law Library
32 Fund shall be made by the county treasurer on the order of
33 the chief judge of the circuit court of the county. In those
34 single county circuits, the number of personnel necessary to
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1 operate and maintain the county law library shall be set by
2 and those personnel shall be appointed by the chief judge.
3 The county law library personnel shall serve at the pleasure
4 of the appointing authority. The salaries of those personnel
5 shall be fixed by the county board of the county. Orders
6 shall be pre-audited, funds shall be audited by the county
7 auditor, and a report of the orders and funds shall be
8 rendered to the county board and to the judges.
9 Fees shall not be charged in any criminal or
10 quasi-criminal case, in any matter coming to the clerk on
11 change of venue, or in any proceeding to review the decision
12 of any administrative officer, agency, or body.
13 (Source: P.A. 90-92, eff. 1-1-98; 90-589, eff. 6-5-98.)
14 Section 10. The Clerks of Courts Act is amended by
15 changing Sections 27.1, 27.1a, 27.2, 27.2a, 27.5, and 27.6 as
16 follows:
17 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
18 Sec. 27.1. The fees of the Clerk of the Circuit Court in
19 all counties having a population of 180,000 inhabitants or
20 less shall be paid in advance, except as otherwise provided,
21 and shall be as provided in this Section. However, counties
22 having a population of 80,000 or more inhabitants but not
23 more than 180,000 inhabitants may by resolution of the county
24 board provide for increased fee amounts up to the maximums
25 listed in Section 27.2 of this Act. In the absence of such a
26 county board resolution, the fees shall be as follows:
27 (a) Civil Cases.
28 (1) All civil cases except as otherwise
29 provided........................................... $40
30 (2) Judicial Sales (except Probate).......... $40
31 (b) Family.
32 (1) Commitment petitions under the Mental
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1 Health and Developmental Disabilities Code, filing
2 transcript of commitment proceedings held in
3 another county, and cases under the Juvenile Court
4 Act of 1987........................................ $25
5 (2) Petition for Marriage Licenses........... $10
6 (3) Marriages in Court....................... $10
7 (4) Paternity................................ $40
8 (c) Criminal and Quasi-Criminal.
9 (1) Each person convicted of a felony........ $40
10 (2) Each person convicted of a misdemeanor,
11 leaving scene of an accident, driving while
12 intoxicated, reckless driving or drag racing,
13 driving when license revoked or suspended,
14 overweight, or no interstate commerce certificate,
15 or when the disposition is court supervision....... $25
16 (3) Each person convicted of a business
17 offense............................................ $25
18 (4) Each person convicted of a petty offense. $25
19 (5) Minor traffic, conservation, or
20 ordinance violation, including
21 without limitation when the disposition is
22 court supervision:
23 (i) For each offense.................... $10
24 (ii) For each notice sent to the
25 defendant's last known address pursuant to
26 subsection (c) of Section 6-306.4 of the Illinois
27 Vehicle Code....................................... $2
28 (iii) For each notice sent to the
29 Secretary of State pursuant to subsection (c) of
30 Section 6-306.4 of the Illinois Vehicle Code....... $2
31 (6) When Court Appearance required........... $15
32 (7) Motions to vacate or amend final orders.. $10
33 (8) In ordinance violation cases punishable
34 by fine only, the clerk of the circuit court shall
-27- LRB9206081TAtmam14
1 be entitled to receive, unless the fee is excused
2 upon a finding by the court that the defendant is
3 indigent, in addition to other fees or costs
4 allowed or imposed by law, the sum of $62.50 as a
5 fee for the services of a jury. The jury fee shall
6 be paid by the defendant at the time of filing his
7 or her jury demand. If the fee is not so paid by
8 the defendant, no jury shall be called, and the
9 case shall be tried by the court without a jury.
10 (d) Other Civil Cases.
11 (1) Money or personal property claimed does
12 not exceed $500.................................... $10
13 (2) Exceeds $500 but not more than $10,000... $25
14 (3) Exceeds $10,000, when relief in addition
15 to or supplemental to recovery of money alone is
16 sought in an action to recover personal property
17 taxes or retailers occupational tax regardless of
18 amount claimed..................................... $45
19 (4) The Clerk of the Circuit Court shall be
20 entitled to receive, in addition to other fees
21 allowed by law, the sum of $62.50, as a fee for the
22 services of a jury in every civil action not
23 quasi-criminal in its nature and not a proceeding
24 for the exercise of the right of eminent domain,
25 and in every equitable action wherein the right of
26 trial by jury is or may be given by law. The jury
27 fee shall be paid by the party demanding a jury at
28 the time of filing his jury demand. If such a fee
29 is not paid by either party, no jury shall be
30 called in the action, suit, or proceeding, and the
31 same shall be tried by the court without a jury.
32 (e) Confession of judgment and answer.
33 (1) When the amount does not exceed $1,000... $20
34 (2) Exceeds $1,000........................... $40
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1 (f) Auxiliary Proceedings.
2 Any auxiliary proceeding relating to the
3 collection of a money judgment, including
4 garnishment, citation, or wage deduction action.... $5
5 (g) Forcible entry and detainer.
6 (1) For possession only or possession and
7 rent not in excess of $10,000...................... $10
8 (2) For possession and rent in excess of
9 $10,000............................................ $40
10 (h) Eminent Domain.
11 (1) Exercise of Eminent Domain............... $45
12 (2) For each and every lot or tract of land
13 or right or interest therein subject to be
14 condemned, the damages in respect to which shall
15 require separate assessments by a jury............. $45
16 (i) Reinstatement.
17 Each case including petition for modification
18 of a judgment or order of Court if filed later than
19 30 days after the entry of a judgment or order,
20 except in forcible entry and detainer cases and
21 small claims and except a petition to modify,
22 terminate, or enforce a judgement or order for
23 child or spousal support or to modify, suspend, or
24 terminate an order for withholding, petition to
25 vacate judgment of dismissal for want of
26 prosecution whenever filed, petition to reopen an
27 estate, or redocketing of any cause................ $20
28 (j) Probate.
29 (1) Administration of decedent's estates,
30 whether testate or intestate, guardianships of the
31 person or estate or both of a person under legal
32 disability, guardianships of the person or estate
33 or both of a minor or minors, or petitions to sell
34 real estate in the administration of any estate.... $50
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1 (2) Small estates in cases where the real and
2 personal property of an estate does not exceed
3 $5,000............................................. $25
4 (3) At any time during the administration of
5 the estate, however, at the request of the Clerk,
6 the Court shall examine the record of the estate
7 and the personal representative to determine the
8 total value of the real and personal property of
9 the estate, and if such value exceeds $5,000 shall
10 order the payment of an additional fee in the
11 amount of.......................................... $40
12 (4) Inheritance tax proceedings.............. $15
13 (5) Issuing letters only for a certain
14 specific reason other than the administration of an
15 estate, including but not limited to the release of
16 mortgage; the issue of letters of guardianship in
17 order that consent to marriage may be granted or
18 for some other specific reason other than for the
19 care of property or person; proof of heirship
20 without administration; or when a will is to be
21 admitted to probate, but the estate is to be
22 settled without administration..................... $10
23 (6) When a separate complaint relating to any
24 matter other than a routine claim is filed in an
25 estate, the required additional fee shall be
26 charged for such filing............................ $45
27 (k) Change of Venue.
28 From a court, the charge is the same amount as
29 the original filing fee; however, the fee for
30 preparation and certification of record on change
31 of venue, when original documents or copies are
32 forwarded.......................................... $10
33 (l) Answer, adverse pleading, or appearance.
34 In civil cases................................ $15
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1 With the following exceptions:
2 (1) When the amount does not exceed $500..... $5
3 (2) When amount exceeds $500 but not $10,000. $10
4 (3) When amount exceeds $10,000.............. $15
5 (4) Court appeals when documents are
6 forwarded, over 200 pages, additional fee per page
7 over 200........................................... 10¢
8 (m) Tax objection complaints.
9 For each tax objection complaint containing
10 one or more tax objections, regardless of the
11 number of parcels involved or the number of
12 taxpayers joining the complaint.................... $10
13 (n) Tax deed.
14 (1) Petition for tax deed, if only one parcel
15 is involved........................................ $45
16 (2) For each additional parcel involved, an
17 additional fee of.................................. $10
18 (o) Mailing Notices and Processes.
19 (1) All notices that the clerk is required to
20 mail as first class mail........................... $2
21 (2) For all processes or notices the Clerk is
22 required to mail by certified or registered mail,
23 the fee will be $2 plus cost of postage.
24 (p) Certification or Authentication.
25 (1) Each certification or authentication for
26 taking the acknowledgement of a deed or other
27 instrument in writing with seal of office.......... $2
28 (2) Court appeals when original documents are
29 forwarded, 100 pages or under, plus delivery costs. $25
30 (3) Court appeals when original documents are
31 forwarded, over 100 pages, plus delivery costs..... $60
32 (4) Court appeals when original documents are
33 forwarded, over 200 pages, additional fee per page
34 over 200........................................... 10¢
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1 (q) Reproductions.
2 Each record of proceedings and judgment,
3 whether on appeal, change of venue, certified
4 copies of orders and judgments, and all other
5 instruments, documents, records, or papers:
6 (1) First page.......................... $1
7 (2) Next 19 pages, per page............. 50¢
8 (3) All remaining pages, per page....... 25¢
9 (r) Counterclaim.
10 When any defendant files a counterclaim as
11 part of his or her answer or otherwise, or joins
12 another party as a third party defendant, or both,
13 he or she shall pay a fee for each such
14 counterclaim or third party action in an amount
15 equal to the fee he or she would have had to pay
16 had he or she brought a separate action for the
17 relief sought in the counterclaim or against the
18 third party defendant, less the amount of the
19 appearance fee, if that has been paid.
20 (s) Transcript of Judgment.
21 From a court, the same fee as if case
22 originally filed.
23 (t) Publications.
24 The cost of publication shall be paid directly
25 to the publisher by the person seeking the
26 publication, whether the clerk is required by law
27 to publish, or the parties to the action.
28 (u) Collections.
29 (1) For all collections made for others,
30 except the State and County and except in
31 maintenance or child support cases, a sum equal to
32 2% of the amount collected and turned over.
33 (2) In any cases remanded to the Circuit
34 Court from the Supreme Court or the Appellate
-32- LRB9206081TAtmam14
1 Court, the Clerk shall file the remanding order and
2 reinstate the case with either its original number
3 or a new number. The Clerk shall not charge any
4 new or additional fee for the reinstatement. Upon
5 reinstatement the Clerk shall advise the parties of
6 the reinstatement. A party shall have the same
7 right to a jury trial on remand and reinstatement
8 as he or she had before the appeal, and no
9 additional or new fee or charge shall be made for a
10 jury trial after remand.
11 (3) In maintenance and child support matters,
12 the Clerk may deduct from each payment an amount
13 equal to the United States postage to be used in
14 mailing the maintenance or child support check to
15 the recipient. In such cases, the Clerk shall
16 collect an annual fee of up to $36 from the person
17 making such payment for maintaining child support
18 records and the processing of support orders to the
19 State of Illinois KIDS system and the recording of
20 payments issued by the State Disbursement Unit for
21 the official record of the Court. Such sum shall be
22 in addition to and separate from amounts ordered to
23 be paid as maintenance or child support and shall
24 be deposited in a separate Maintenance and Child
25 Support Collection Fund of which the Clerk shall be
26 the custodian, ex officio, to be used by the Clerk
27 to maintain child support orders and record all
28 payments issued by the State Disbursement Unit for
29 the official record of the Court. Unless paid in
30 cash or pursuant to an order for withholding, the
31 payment of the fee shall be by a separate
32 instrument from the support payment and shall be
33 made to the order of the Clerk. The Clerk may
34 recover from the person making the maintenance or
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1 child support payment any additional cost incurred
2 in the collection of this annual fee.
3 (4) Interest earned on any funds held by the
4 clerk shall be turned over to the county general
5 fund as an earning of the office.
6 The Clerk shall also be entitled to a fee of
7 $5 for certifications made to the Secretary of
8 State as provided in Section 7-703 of the Family
9 Financial Responsibility Law and these fees shall
10 also be deposited into the Separate Maintenance and
11 Child Support Collection Fund.
12 (v) Correction of Cases.
13 For correcting the case number or case title
14 on any document filed in his office, to be charged
15 against the party that filed the document.......... $10
16 (w) Record Search.
17 For searching a record, per year searched..... $4
18 (x) Printed Output.
19 For each page of hard copy print output, when
20 case records are maintained on an automated medium. $2
21 (y) Alias Summons.
22 For each alias summons issued................. $2
23 (z) Expungement of Records.
24 For each expungement petition filed........... $15
25 (aa) Other Fees.
26 Any fees not covered by this Section shall be set by
27 rule or administrative order of the Circuit Court, with
28 the approval of the Supreme Court.
29 (bb) Exemptions.
30 No fee provided for herein shall be charged to any
31 unit of State or local government or school district
32 unless the Court orders another party to pay such fee on
33 its behalf. The fee requirements of this Section shall
34 not apply to police departments or other law enforcement
-34- LRB9206081TAtmam14
1 agencies. In this Section, "law enforcement agency"
2 means an agency of the State or a unit of local
3 government that is vested by law or ordinance with the
4 duty to maintain public order and to enforce criminal
5 laws and ordinances. The fee requirements of this Section
6 shall not apply to any action instituted under subsection
7 (b) of Section 11-31-1 of the Illinois Municipal Code by
8 a private owner or tenant of real property within 1200
9 feet of a dangerous or unsafe building seeking an order
10 compelling the owner or owners of the building to take
11 any of the actions authorized under that subsection.
12 (cc) Adoptions.
13 (1) For an adoption.............................$65
14 (2) Upon good cause shown, the court may waive the
15 adoption filing fee in a special needs adoption. The
16 term "special needs adoption" shall have the meaning
17 ascribed to it by the Illinois Department of Children and
18 Family Services.
19 (dd) Adoption exemptions.
20 No fee other than that set forth in subsection (cc)
21 shall be charged to any person in connection with an
22 adoption proceeding.
23 (ee) Additional Services.
24 Beginning July 1, 1993, the clerk of the circuit
25 court may provide such additional services for which
26 there is no fee specified by statute in connection with
27 the operation of the clerk's office as may be requested
28 by the public and agreed to by the public and by the
29 clerk and approved by the chief judge of the circuit
30 court. Any charges for additional services shall be as
31 agreed to between the clerk and the party making the
32 request and approved by the chief judge of the circuit
33 court. Nothing in this subsection shall be construed to
34 require any clerk to provide any service not otherwise
-35- LRB9206081TAtmam14
1 required by law.
2 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
3 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
4 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)
5 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
6 Sec. 27.1a. The fees of the clerks of the circuit court
7 in all counties having a population in excess of 180,000 but
8 not more than 650,000 inhabitants in the instances described
9 in this Section shall be as provided in this Section.
10 However, counties having a population of more than 180,000
11 inhabitants but not more than 650,000 inhabitants may by
12 resolution of the county board provide for increased fee
13 amounts up to the maximums listed in Section 27.2 of this
14 Act. The fees shall be paid in advance and in the absence of
15 such a county board resolution, shall be as follows:
16 (a) Civil Cases.
17 The fee for filing a complaint, petition, or other
18 pleading initiating a civil action, with the following
19 exceptions, shall be $150.
20 (A) When the amount of money or damages or the
21 value of personal property claimed does not exceed
22 $250, $10.
23 (B) When that amount exceeds $250 but does not
24 exceed $500, $20.
25 (C) When that amount exceeds $500 but does not
26 exceed $2500, $30.
27 (D) When that amount exceeds $2500 but does
28 not exceed $15,000, $75.
29 (E) 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.
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1 (a-1) Family.
2 For filing a petition under the Juvenile Court Act
3 of 1987, $25.
4 For filing a petition for a marriage license, $10.
5 For performing a marriage in court, $10.
6 For filing a petition under the Illinois Parentage
7 Act of 1984, $40.
8 (b) Forcible Entry and Detainer.
9 In each forcible entry and detainer case when the
10 plaintiff seeks possession only or unites with his or her
11 claim for possession of the property a claim for rent or
12 damages or both in the amount of $15,000 or less, $40.
13 When the plaintiff unites his or her claim for possession
14 with a claim for rent or damages or both exceeding
15 $15,000, $150.
16 (c) Counterclaim or Joining Third Party Defendant.
17 When any defendant files a counterclaim as part of
18 his or her answer or otherwise or joins another party as
19 a third party defendant, or both, the defendant shall pay
20 a fee for each counterclaim or third party action in an
21 amount equal to the fee he or she would have had to pay
22 had he or she brought a separate action for the relief
23 sought in the counterclaim or against the third party
24 defendant, less the amount of the appearance fee, if that
25 has been paid.
26 (d) Confession of Judgment.
27 In a confession of judgment when the amount does not
28 exceed $1500, $50. When the amount exceeds $1500, but
29 does not exceed $15,000, $115. When the amount exceeds
30 $15,000, $200.
31 (e) Appearance.
32 The fee for filing an appearance in each civil case
33 shall be $50, except as follows:
34 (A) When the plaintiff in a forcible entry and
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1 detainer case seeks possession only, $20.
2 (B) When the amount in the case does not
3 exceed $1500, $20.
4 (C) When that amount exceeds $1500 but does
5 not exceed $15,000, $40.
6 (f) Garnishment, Wage Deduction, and Citation.
7 In garnishment affidavit, wage deduction affidavit,
8 and citation petition when the amount does not exceed
9 $1,000, $10; when the amount exceeds $1,000 but does not
10 exceed $5,000, $20; and when the amount exceeds $5,000,
11 $30.
12 (g) Petition to Vacate or Modify.
13 (1) Petition to vacate or modify any final judgment
14 or order of court, except in forcible entry and detainer
15 cases and small claims cases or a petition to reopen an
16 estate, to modify, terminate, or enforce a judgment or
17 order for child or spousal support, or to modify,
18 suspend, or terminate an order for withholding, if filed
19 before 30 days after the entry of the judgment or order,
20 $40.
21 (2) Petition to vacate or modify any final judgment
22 or order of court, except a petition to modify,
23 terminate, or enforce a judgment or order for child or
24 spousal support or to modify, suspend, or terminate an
25 order for withholding, if filed later than 30 days after
26 the entry of the judgment or order, $60.
27 (3) Petition to vacate order of bond forfeiture,
28 $20.
29 (h) Mailing.
30 When the clerk is required to mail, the fee will be
31 $6, plus the cost of postage.
32 (i) Certified Copies.
33 Each certified copy of a judgment after the first,
34 except in small claims and forcible entry and detainer
-38- LRB9206081TAtmam14
1 cases, $10.
2 (j) Habeas Corpus.
3 For filing a petition for relief by habeas corpus,
4 $80.
5 (k) Certification, Authentication, and Reproduction.
6 (1) Each certification or authentication for taking
7 the acknowledgment of a deed or other instrument in
8 writing with the seal of office, $4.
9 (2) Court appeals when original documents are
10 forwarded, under 100 pages, plus delivery and costs, $50.
11 (3) Court appeals when original documents are
12 forwarded, over 100 pages, plus delivery and costs, $120.
13 (4) Court appeals when original documents are
14 forwarded, over 200 pages, an additional fee of 20 cents
15 per page.
16 (5) For reproduction of any document contained in
17 the clerk's files:
18 (A) First page, $2.
19 (B) Next 19 pages, 50 cents per page.
20 (C) All remaining pages, 25 cents per page.
21 (l) Remands.
22 In any cases remanded to the Circuit Court from the
23 Supreme Court or the Appellate Court for a new trial, the
24 clerk shall file the remanding order and reinstate the
25 case with either its original number or a new number. The
26 Clerk shall not charge any new or additional fee for the
27 reinstatement. Upon reinstatement the Clerk shall advise
28 the parties of the reinstatement. A party shall have the
29 same right to a jury trial on remand and reinstatement as
30 he or she had before the appeal, and no additional or new
31 fee or charge shall be made for a jury trial after
32 remand.
33 (m) Record Search.
34 For each record search, within a division or
-39- LRB9206081TAtmam14
1 municipal district, the clerk shall be entitled to a
2 search fee of $4 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 $4.
7 (o) Index Inquiry and Other Records.
8 No fee shall be charged for a single
9 plaintiff/defendant index inquiry or single case record
10 inquiry when this request is made in person and the
11 records are maintained in a current automated medium, and
12 when no hard copy print output is requested. The fees to
13 be charged for management records, multiple case records,
14 and multiple journal records may be specified by the
15 Chief Judge pursuant to the guidelines for access and
16 dissemination of information approved by the Supreme
17 Court.
18 (p) Commitment Petitions.
19 For filing commitment petitions under the Mental
20 Health and Developmental Disabilities Code and for filing
21 a transcript of commitment proceedings held in another
22 county, $25.
23 (q) Alias Summons.
24 For each alias summons or citation issued by the
25 clerk, $4.
26 (r) Other Fees.
27 Any fees not covered in this Section shall be set by
28 rule or administrative order of the Circuit Court with
29 the approval of the Administrative Office of the Illinois
30 Courts.
31 The clerk of the circuit court may provide
32 additional services for which there is no fee specified
33 by statute in connection with the operation of the
34 clerk's office as may be requested by the public and
-40- LRB9206081TAtmam14
1 agreed to by the clerk and approved by the chief judge of
2 the circuit court. Any charges for additional services
3 shall be as agreed to between the clerk and the party
4 making the request and approved by the chief judge of the
5 circuit court. Nothing in this subsection shall be
6 construed to require any clerk to provide any service not
7 otherwise required by law.
8 (s) Jury Services.
9 The clerk shall be entitled to receive, in addition
10 to other fees allowed by law, the sum of $192.50, as a
11 fee for the services of a jury in every civil action not
12 quasi-criminal in its nature and not a proceeding for the
13 exercise of the right of eminent domain and in every
14 other action wherein the right of trial by jury is or may
15 be given by law. The jury fee shall be paid by the party
16 demanding a jury at the time of filing the jury demand.
17 If the fee is not paid by either party, no jury shall be
18 called in the action or proceeding, and the same shall be
19 tried by the court without a jury.
20 (t) Voluntary Assignment.
21 For filing each deed of voluntary assignment, $10;
22 for recording the same, 25¢ for each 100 words.
23 Exceptions filed to claims presented to an assignee of a
24 debtor who has made a voluntary assignment for the
25 benefit of creditors shall be considered and treated, for
26 the purpose of taxing costs therein, as actions in which
27 the party or parties filing the exceptions shall be
28 considered as party or parties plaintiff, and the
29 claimant or claimants as party or parties defendant, and
30 those parties respectively shall pay to the clerk the
31 same fees as provided by this Section to be paid in other
32 actions.
33 (u) Expungement Petition.
34 The clerk shall be entitled to receive a fee of $30
-41- LRB9206081TAtmam14
1 for each expungement petition filed and an additional fee
2 of $2 for each certified copy of an order to expunge
3 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,
11 $100, plus the fees specified in subsection (v)(3),
12 except:
13 (A) When the value of the real and personal
14 property does not exceed $15,000, the fee shall be
15 $25.
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 $25.
22 (2) For administration of the estate of a ward,
23 $50, plus the fees specified in subsection (v)(3),
24 except:
25 (A) When the value of the real and personal
26 property does not exceed $15,000, the fee shall be
27 $25.
28 (B) When (i) letters of office are issued to a
29 guardian of the person or persons, but not of the
30 estate or (ii) letters of office are issued in the
31 estate of a ward without administration of the
32 estate, including filing or joining in the filing of
33 a tax return or releasing a mortgage or consenting
34 to the marriage of the ward, the fee shall be $10.
-42- LRB9206081TAtmam14
1 (3) In addition to the fees payable under
2 subsection (v)(1) or (v)(2) of this Section, the
3 following fees are payable:
4 (A) For each account (other than one final
5 account) filed in the estate of a decedent, or ward,
6 $15.
7 (B) For filing a claim in an estate when the
8 amount claimed is $150 or more but less than $500,
9 $10; when the amount claimed is $500 or more but
10 less than $10,000, $25; when the amount claimed is
11 $10,000 or more, $40; provided that the court in
12 allowing a claim may add to the amount allowed the
13 filing fee paid by the claimant.
14 (C) For filing in an estate a claim, petition,
15 or supplemental proceeding based upon an action
16 seeking equitable relief including the construction
17 or contest of a will, enforcement of a contract to
18 make a will, and proceedings involving testamentary
19 trusts or the appointment of testamentary trustees,
20 $40.
21 (D) For filing in an estate (i) the appearance
22 of any person for the purpose of consent or (ii) the
23 appearance of an executor, administrator,
24 administrator to collect, guardian, guardian ad
25 litem, or special administrator, no fee.
26 (E) Except as provided in subsection
27 (v)(3)(D), for filing the appearance of any person
28 or persons, $10.
29 (F) For each jury demand, $102.50.
30 (G) For disposition of the collection of a
31 judgment or settlement of an action or claim for
32 wrongful death of a decedent or of any cause of
33 action of a ward, when there is no other
34 administration of the estate, $30, less any amount
-43- LRB9206081TAtmam14
1 paid under subsection (v)(1)(B) or (v)(2)(B) except
2 that if the amount involved does not exceed $5,000,
3 the fee, including any amount paid under subsection
4 (v)(1)(B) or (v)(2)(B), shall be $10.
5 (H) For each certified copy of letters of
6 office, of court order or other certification, $1,
7 plus 50¢ per page in excess of 3 pages for the
8 document certified.
9 (I) For each exemplification, $1, plus the fee
10 for certification.
11 (4) The executor, administrator, guardian,
12 petitioner, or other interested person or his or her
13 attorney shall pay the cost of publication by the clerk
14 directly to the newspaper.
15 (5) The person on whose behalf a charge is incurred
16 for witness, court reporter, appraiser, or other
17 miscellaneous fee shall pay the same directly to the
18 person entitled thereto.
19 (6) The executor, administrator, guardian,
20 petitioner, or other interested person or his or her
21 attorney shall pay to the clerk all postage charges
22 incurred by the clerk in mailing petitions, orders,
23 notices, or other documents pursuant to the provisions of
24 the Probate Act of 1975.
25 (w) Criminal and Quasi-Criminal Costs and Fees.
26 (1) The clerk shall be entitled to costs in all
27 criminal and quasi-criminal cases from each person
28 convicted or sentenced to supervision therein as follows:
29 (A) Felony complaints, $80.
30 (B) Misdemeanor complaints, $50.
31 (C) Business offense complaints, $50.
32 (D) Petty offense complaints, $50.
33 (E) Minor traffic or ordinance violations,
34 $20.
-44- LRB9206081TAtmam14
1 (F) When court appearance required, $30.
2 (G) Motions to vacate or amend final orders,
3 $20.
4 (H) Motions to vacate bond forfeiture orders,
5 $20.
6 (I) Motions to vacate ex parte judgments,
7 whenever filed, $20.
8 (J) Motions to vacate judgment on forfeitures,
9 whenever filed, $20.
10 (K) Motions to vacate "failure to appear" or
11 "failure to comply" notices sent to the Secretary of
12 State, $20.
13 (2) In counties having a population in excess of
14 180,000 but not more than 650,000 inhabitants, when the
15 violation complaint is issued by a municipal police
16 department, the clerk shall be entitled to costs from
17 each person convicted therein as follows:
18 (A) Minor traffic or ordinance violations,
19 $10.
20 (B) When court appearance required, $15.
21 (3) In ordinance violation cases punishable by fine
22 only, the clerk of the circuit court shall be entitled to
23 receive, unless the fee is excused upon a finding by the
24 court that the defendant is indigent, in addition to
25 other fees or costs allowed or imposed by law, the sum of
26 $62.50 as a fee for the services of a jury. The jury fee
27 shall be paid by the defendant at the time of filing his
28 or her jury demand. If the fee is not so paid by the
29 defendant, no jury shall be called, and the case shall be
30 tried by the court without a jury.
31 (x) Transcripts of Judgment.
32 For the filing of a transcript of judgment, the
33 clerk shall be entitled to the same fee as if it were the
34 commencement of a new suit.
-45- LRB9206081TAtmam14
1 (y) Change of Venue.
2 (1) For the filing of a change of case on a change
3 of venue, the clerk shall be entitled to the same fee as
4 if it were the commencement of a new suit.
5 (2) The fee for the preparation and certification
6 of a record on a change of venue to another jurisdiction,
7 when original documents are forwarded, $25.
8 (z) Tax objection complaints.
9 For each tax objection complaint containing one or
10 more tax objections, regardless of the number of parcels
11 involved or the number of taxpayers joining on the
12 complaint, $25.
13 (aa) Tax Deeds.
14 (1) Petition for tax deed, if only one parcel is
15 involved, $150.
16 (2) For each additional parcel, add a fee of $50.
17 (bb) Collections.
18 (1) For all collections made of others, except the
19 State and county and except in maintenance or child
20 support cases, a sum equal to 2.5% of the amount
21 collected and 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
27 closed, or payment stopped, $25.
28 (4) In child support and maintenance cases, the
29 clerk, if authorized by an ordinance of the county board,
30 may collect an annual fee of up to $36 from the person
31 making payment for maintaining child support records and
32 the processing of support orders to the State of Illinois
33 KIDS system and the recording of payments issued by the
34 State Disbursement Unit for the official record of the
-46- LRB9206081TAtmam14
1 Court. This fee shall be in addition to and separate
2 from amounts ordered to be paid as maintenance or child
3 support and shall be deposited into a Separate
4 Maintenance and Child Support Collection Fund, of which
5 the clerk shall be the custodian, ex-officio, to be used
6 by the clerk to maintain child support orders and record
7 all payments issued by the State Disbursement Unit for
8 the official record of the Court. The clerk may recover
9 from the person making the maintenance or child support
10 payment any additional cost incurred in the collection
11 of this annual fee.
12 The clerk shall also be entitled to a fee of $5 for
13 certifications made to the Secretary of State as provided
14 in Section 7-703 of the Family Financial Responsibility
15 Law and these fees shall also be deposited into the
16 Separate Maintenance and Child Support Collection Fund.
17 (cc) Corrections of Numbers.
18 For correction of the case number, case title, or
19 attorney computer identification number, if required by
20 rule of court, on any document filed in the clerk's
21 office, to be charged against the party that filed the
22 document, $15.
23 (dd) Exceptions.
24 (1) The fee requirements of this Section shall not
25 apply to police departments or other law enforcement
26 agencies. In this Section, "law enforcement agency"
27 means an agency of the State or a unit of local
28 government which is vested by law or ordinance with the
29 duty to maintain public order and to enforce criminal
30 laws or ordinances. "Law enforcement agency" also means
31 the Attorney General or any state's attorney.
32 (2) No fee provided herein shall be charged to any
33 unit of local government or school district.
34 (3) The fee requirements of this Section shall not
-47- LRB9206081TAtmam14
1 apply to any action instituted under subsection (b) of
2 Section 11-31-1 of the Illinois Municipal Code by a
3 private owner or tenant of real property within 1200 feet
4 of a dangerous or unsafe building seeking an order
5 compelling the owner or owners of the building to take
6 any of the actions authorized under that subsection.
7 (ee) Adoptions.
8 (1) For an adoption.............................$65
9 (2) Upon good cause shown, the court may waive the
10 adoption filing fee in a special needs adoption. The
11 term "special needs adoption" shall have the meaning
12 ascribed to it by the Illinois Department of Children and
13 Family Services.
14 (ff) Adoption exemptions.
15 No fee other than that set forth in subsection (ee)
16 shall be charged to any person in connection with an
17 adoption proceeding.
18 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
19 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
20 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
21 Sec. 27.2. The fees of the clerks of the circuit court
22 in all counties having a population in excess of 650,000
23 inhabitants but less than 3,000,000 inhabitants in the
24 instances described in this Section shall be as provided in
25 this Section. In those instances where a minimum and maximum
26 fee is stated, counties with more than 650,000 inhabitants
27 but less than 3,000,000 inhabitants must charge the minimum
28 fee listed in this Section and may charge up to the maximum
29 fee if the county board has by resolution increased the fee.
30 In addition, the minimum fees authorized provided in this
31 Section shall apply to all units of local government and
32 school districts in counties with more than 3,000,000
33 inhabitants. The fees shall be paid in advance and shall be
-48- LRB9206081TAtmam14
1 as follows:
2 (a) Civil Cases.
3 The fee for filing a complaint, petition, or other
4 pleading initiating a civil action, with the following
5 exceptions, shall be a minimum of $150 and a maximum of
6 $190.
7 (A) When the amount of money or damages or the
8 value of personal property claimed does not exceed
9 $250, a minimum of $10 and a maximum of $15.
10 (B) When that amount exceeds $250 but does not
11 exceed $1,000 $500, a minimum of $20 and a maximum
12 of $40.
13 (C) When that amount exceeds $1,000 $500 but
14 does not exceed $2500, a minimum of $30 and a
15 maximum of $50.
16 (D) When that amount exceeds $2500 but does
17 not exceed $5,000 $15,000, a minimum of $75 and a
18 maximum of $100.
19 (D-5) When the amount exceeds $5,000 but does
20 not exceed $15,000, a minimum of $75 and a maximum
21 of $150.
22 (E) For the exercise of eminent domain, $150.
23 For each additional lot or tract of land or right or
24 interest therein subject to be condemned, the
25 damages in respect to which shall require separate
26 assessment by a jury, $150.
27 (b) Forcible Entry and Detainer.
28 In each forcible entry and detainer case when the
29 plaintiff seeks possession only or unites with his or her
30 claim for possession of the property a claim for rent or
31 damages or both in the amount of $15,000 or less, a
32 minimum of $40 and a maximum of $75. When the plaintiff
33 unites his or her claim for possession with a claim for
34 rent or damages or both exceeding $15,000, a minimum of
-49- LRB9206081TAtmam14
1 $150 and a maximum of $225.
2 (c) Counterclaim or Joining Third Party Defendant.
3 When any defendant files a counterclaim as part of
4 his or her answer or otherwise or joins another party as
5 a third party defendant, or both, the defendant shall pay
6 a fee for each counterclaim or third party action in an
7 amount equal to the fee he or she would have had to pay
8 had he or she brought a separate action for the relief
9 sought in the counterclaim or against the third party
10 defendant, less the amount of the appearance fee, if that
11 has been paid.
12 (d) Confession of Judgment.
13 In a confession of judgment when the amount does not
14 exceed $1500, a minimum of $50 and a maximum of $60. When
15 the amount exceeds $1500, but does not exceed $5,000
16 $15,000, $75 $115. When the amount exceeds $5,000, but
17 does not exceed $15,000, $175. When the amount exceeds
18 $15,000, a minimum of $200 and a maximum of $250.
19 (e) Appearance.
20 The fee for filing an appearance in each civil case
21 shall be a minimum of $50 and a maximum of $75, except as
22 follows:
23 (A) When the plaintiff in a forcible entry and
24 detainer case seeks possession only,; a minimum of
25 $20 and a maximum of $40.
26 (B) When the amount in the case does not
27 exceed $1500, a minimum of $20 and a maximum of $40.
28 (C) When the that amount in the case exceeds
29 $1500 but does not exceed $15,000, a minimum of $40
30 and a maximum of $60.
31 (f) Garnishment, Wage Deduction, and Citation.
32 In garnishment affidavit, wage deduction affidavit,
33 and citation petition when the amount does not exceed
34 $1,000, a minimum of $10 and a maximum of $15; when the
-50- LRB9206081TAtmam14
1 amount exceeds $1,000 but does not exceed $5,000, a
2 minimum of $20 and a maximum of $30; and when the amount
3 exceeds $5,000, a minimum of $30 and a maximum of $50.
4 (g) Petition to Vacate or Modify.
5 (1) Petition to vacate or modify any final judgment
6 or order of court, except in forcible entry and detainer
7 cases and small claims cases or a petition to reopen an
8 estate, to modify, terminate, or enforce a judgment or
9 order for child or spousal support, or to modify,
10 suspend, or terminate an order for withholding, if filed
11 before 30 days after the entry of the judgment or order,
12 a minimum of $40 and a maximum of $50.
13 (2) Petition to vacate or modify any final judgment
14 or order of court, except a petition to modify,
15 terminate, or enforce a judgment or order for child or
16 spousal support or to modify, suspend, or terminate an
17 order for withholding, if filed later than 30 days after
18 the entry of the judgment or order, a minimum of $60 and
19 a maximum of $75.
20 (3) Petition to vacate order of bond forfeiture, a
21 minimum of $20 and a maximum of $40.
22 (h) Mailing.
23 When the clerk is required to mail, the fee will be
24 a minimum of $6 and a maximum of $10, plus the cost of
25 postage.
26 (i) Certified Copies.
27 Each certified copy of a judgment after the first,
28 except in small claims and forcible entry and detainer
29 cases, a minimum of $10 and a maximum of $15.
30 (j) Habeas Corpus.
31 For filing a petition for relief by habeas corpus, a
32 minimum of $80 and a maximum of $125.
33 (k) Certification, Authentication, and Reproduction.
34 (1) Each certification or authentication for taking
-51- LRB9206081TAtmam14
1 the acknowledgment of a deed or other instrument in
2 writing with the seal of office, a minimum of $4 and a
3 maximum of $6.
4 (2) Court appeals when original documents are
5 forwarded, under 100 pages, plus delivery and costs, a
6 minimum of $50 and a maximum of $75.
7 (3) Court appeals when original documents are
8 forwarded, over 100 pages, plus delivery and costs, a
9 minimum of $120 and a maximum of $150.
10 (4) Court appeals when original documents are
11 forwarded, over 200 pages, an additional fee of a minimum
12 of 20 and a maximum of 25 cents per page.
13 (5) For reproduction of any document contained in
14 the clerk's files:
15 (A) First page, $2.
16 (B) Next 19 pages, 50 cents per page.
17 (C) All remaining pages, 25 cents per page.
18 (l) Remands.
19 In any cases remanded to the Circuit Court from the
20 Supreme Court or the Appellate Court for a new trial, the
21 clerk shall file the remanding order and reinstate the
22 case with either its original number or a new number.
23 The Clerk shall not charge any new or additional fee for
24 the reinstatement. Upon reinstatement the Clerk shall
25 advise the parties of the reinstatement. A party shall
26 have the same right to a jury trial on remand and
27 reinstatement as he or she had before the appeal, and no
28 additional or new fee or charge shall be made for a jury
29 trial after remand.
30 (m) Record Search.
31 For each record search, within a division or
32 municipal district, the clerk shall be entitled to a
33 search fee of a minimum of $4 and a maximum of $6 for
34 each year searched.
-52- LRB9206081TAtmam14
1 (n) Hard Copy.
2 For each page of hard copy print output, when case
3 records are maintained on an automated medium, the clerk
4 shall be entitled to a fee of a minimum of $4 and a
5 maximum of $6.
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, a minimum of
20 $25 and a maximum of $50.
21 (q) Alias Summons.
22 For each alias summons or citation issued by the
23 clerk, 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
27 the approval of the Administrative Office of the Illinois
28 Courts.
29 The clerk of the circuit court may provide
30 additional services for which there is no fee specified
31 by statute in connection with the operation of the
32 clerk's office as may be requested by the public and
33 agreed to by the clerk and approved by the chief judge of
34 the circuit court. Any charges for additional services
-53- LRB9206081TAtmam14
1 shall be as agreed to between the clerk and the party
2 making the request and approved by the chief judge of the
3 circuit court. Nothing in this subsection shall be
4 construed to require any clerk to provide any service not
5 otherwise required by law.
6 (s) Jury Services.
7 The clerk shall be entitled to receive, in addition
8 to other fees allowed by law, the sum of a minimum of
9 $192.50 and a maximum of $212.50, as a fee for the
10 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, a
21 minimum of $10 and a maximum of $20; for recording the
22 same, a minimum of 25¢ and a maximum of $0.50 for each
23 100 words. Exceptions filed to claims presented to an
24 assignee of a debtor who has made a voluntary assignment
25 for the benefit of creditors shall be considered and
26 treated, for the purpose of taxing costs therein, as
27 actions in which the party or parties filing the
28 exceptions shall be considered as party or parties
29 plaintiff, and the claimant or claimants as party or
30 parties defendant, and those parties respectively shall
31 pay to the clerk the same fees as provided by this
32 Section to be paid in other actions.
33 (u) Expungement Petition.
34 The clerk shall be entitled to receive a fee of a
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1 minimum of $30 and a maximum of $60 for each expungement
2 petition filed and an additional fee of a minimum of $2
3 and a maximum of $4 for each certified copy of an order
4 to expunge arrest records.
5 (v) Probate.
6 The clerk is entitled to receive the fees specified in
7 this subsection (v), which shall be paid in advance, except
8 that, for good cause shown, the court may suspend, reduce, or
9 release the costs payable under this subsection:
10 (1) For administration of the estate of a decedent
11 (whether testate or intestate) or of a missing person, a
12 minimum of $100 and a maximum of $150, plus the fees
13 specified in subsection (v)(3), except:
14 (A) When the value of the real and personal
15 property does not exceed $15,000, the fee shall be a
16 minimum of $25 and a maximum of $40.
17 (B) When (i) proof of heirship alone is made,
18 (ii) a domestic or foreign will is admitted to
19 probate without administration (including proof of
20 heirship), or (iii) letters of office are issued for
21 a particular purpose without administration of the
22 estate, the fee shall be a minimum of $25 and a
23 maximum of $40.
24 (2) For administration of the estate of a ward, a
25 minimum of $50 and a maximum of $75, plus the fees
26 specified in subsection (v)(3), except:
27 (A) When the value of the real and personal
28 property does not exceed $15,000, the fee shall be a
29 minimum of $25 and a maximum of $40.
30 (B) When (i) letters of office are issued to a
31 guardian of the person or persons, but not of the
32 estate or (ii) letters of office are issued in the
33 estate of a ward without administration of the
34 estate, including filing or joining in the filing of
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1 a tax return or releasing a mortgage or consenting
2 to the marriage of the ward, the fee shall be a
3 minimum of $10 and a maximum of $20.
4 (3) In addition to the fees payable under
5 subsection (v)(1) or (v)(2) of this Section, the
6 following fees are payable:
7 (A) For each account (other than one final
8 account) filed in the estate of a decedent, or ward,
9 a minimum of $15 and a maximum of $25.
10 (B) For filing a claim in an estate when the
11 amount claimed is $150 or more but less than $500, a
12 minimum of $10 and a maximum of $20; when the amount
13 claimed is $500 or more but less than $10,000, a
14 minimum of $25 and a maximum of $40; when the amount
15 claimed is $10,000 or more, a minimum of $40 and a
16 maximum of $60; provided that the court in allowing
17 a claim may add to the amount allowed the filing fee
18 paid by the claimant.
19 (C) For filing in an estate a claim, petition,
20 or supplemental proceeding based upon an action
21 seeking equitable relief including the construction
22 or contest of a will, enforcement of a contract to
23 make a will, and proceedings involving testamentary
24 trusts or the appointment of testamentary trustees,
25 a minimum of $40 and a maximum of $60.
26 (D) For filing in an estate (i) the appearance
27 of any person for the purpose of consent or (ii) the
28 appearance of an executor, administrator,
29 administrator to collect, guardian, guardian ad
30 litem, or special administrator, no fee.
31 (E) Except as provided in subsection
32 (v)(3)(D), for filing the appearance of any person
33 or persons, a minimum of $10 and a maximum of $30.
34 (F) For each jury demand, a minimum of $102.50
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1 and a maximum of $137.50.
2 (G) For disposition of the collection of a
3 judgment or settlement of an action or claim for
4 wrongful death of a decedent or of any cause of
5 action of a ward, when there is no other
6 administration of the estate, a minimum of $30 and a
7 maximum of $50, less any amount paid under
8 subsection (v)(1)(B) or (v)(2)(B) except that if the
9 amount involved does not exceed $5,000, the fee,
10 including any amount paid under subsection (v)(1)(B)
11 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
14 office, of court order or other certification, a
15 minimum of $1 and a maximum of $2, plus a minimum of
16 50¢ and a maximum of $1 per page in excess of 3
17 pages for the document certified.
18 (I) For each exemplification, a minimum of $1
19 and a maximum of $2, plus the fee for certification.
20 (4) The executor, administrator, guardian,
21 petitioner, or other interested person or his or her
22 attorney shall pay the cost of publication by the clerk
23 directly to the newspaper.
24 (5) The person on whose behalf a charge is incurred
25 for witness, court reporter, appraiser, or other
26 miscellaneous fee shall pay the same directly to the
27 person entitled thereto.
28 (6) The executor, administrator, guardian,
29 petitioner, or other interested person or his attorney
30 shall pay to the clerk all postage charges incurred by
31 the clerk in mailing petitions, orders, notices, or other
32 documents pursuant to the provisions of the Probate Act
33 of 1975.
34 (w) Criminal and Quasi-Criminal Costs and Fees.
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1 (1) The clerk shall be entitled to costs in all
2 criminal and quasi-criminal cases from each person
3 convicted or sentenced to supervision therein as follows:
4 (A) Felony complaints, a minimum of $80 and a
5 maximum of $125.
6 (B) Misdemeanor complaints, a minimum of $50
7 and a maximum of $75.
8 (C) Business offense complaints, a minimum of
9 $50 and a maximum of $75.
10 (D) Petty offense complaints, a minimum of $50
11 and a maximum of $75.
12 (E) Minor traffic or ordinance violations,
13 $20.
14 (F) When court appearance required, $30.
15 (G) Motions to vacate or amend final orders, a
16 minimum of $20 and a maximum of $40.
17 (H) Motions to vacate bond forfeiture orders,
18 a minimum of $20 and a maximum of $30.
19 (I) Motions to vacate ex parte judgments,
20 whenever filed, a minimum of $20 and a maximum of
21 $30.
22 (J) Motions to vacate judgment on forfeitures,
23 whenever filed, a minimum of $20 and a maximum of
24 $25.
25 (K) Motions to vacate "failure to appear" or
26 "failure to comply" notices sent to the Secretary of
27 State, a minimum of $20 and a maximum of $40.
28 (2) In counties having a population of more than
29 650,000 but fewer than 3,000,000 inhabitants, when the
30 violation complaint is issued by a municipal police
31 department, the clerk shall be entitled to costs from
32 each person convicted therein as follows:
33 (A) Minor traffic or ordinance violations,
34 $10.
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1 (B) When court appearance required, $15.
2 (3) In ordinance violation cases punishable by fine
3 only, the clerk of the circuit court shall be entitled to
4 receive, unless the fee is excused upon a finding by the
5 court that the defendant is indigent, in addition to
6 other fees or costs allowed or imposed by law, the sum of
7 a minimum of $50 and a maximum of $112.50 as a fee for
8 the services of a jury. The jury fee shall be paid by
9 the defendant at the time of filing his or her jury
10 demand. If the fee is not so paid by the defendant, no
11 jury shall be called, and the case shall be tried by the
12 court without a jury.
13 (x) Transcripts of Judgment.
14 For the filing of a transcript of judgment, the
15 clerk shall be entitled to the same fee as if it were the
16 commencement of new suit.
17 (y) Change of Venue.
18 (1) For the filing of a change of case on a change
19 of venue, the clerk shall be entitled to the same fee as
20 if it were the commencement of a new suit.
21 (2) The fee for the preparation and certification
22 of a record on a change of venue to another jurisdiction,
23 when original documents are forwarded, a minimum of $25
24 and a maximum of $40.
25 (z) Tax objection complaints.
26 For each tax objection complaint containing one or
27 more tax objections, regardless of the number of parcels
28 involved pertaining to the same taxpayer or the number of
29 taxpayers joining in the complaint, a minimum of $25 and
30 a maximum of $50.
31 (aa) Tax Deeds.
32 (1) Petition for tax deed, if only one parcel is
33 involved, a minimum of $150 and a maximum of $250.
34 (2) For each additional parcel, add a fee of a
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1 minimum of $50 and a maximum of $100.
2 (bb) Collections.
3 (1) For all collections made of others, except the
4 State and county and except in maintenance or child
5 support cases, a sum equal to a minimum of 2.5% and a
6 maximum of 3.0% of the amount collected and turned over.
7 (2) Interest earned on any funds held by the clerk
8 shall be turned over to the county general fund as an
9 earning of the office.
10 (3) For any check, draft, or other bank instrument
11 returned to the clerk for non-sufficient funds, account
12 closed, or payment stopped, $25.
13 (4) In child support and maintenance cases, the
14 clerk, if authorized by an ordinance of the county board,
15 may collect an annual fee of up to $36 from the person
16 making payment for maintaining child support records and
17 the processing of support orders to the State of Illinois
18 KIDS system and the recording of payments issued by the
19 State Disbursement Unit for the official record of the
20 Court. This fee shall be in addition to and separate from
21 amounts ordered to be paid as maintenance or child
22 support and shall be deposited into a Separate
23 Maintenance and Child Support Collection Fund, of which
24 the clerk shall be the custodian, ex-officio, to be used
25 by the clerk to maintain child support orders and record
26 all payments issued by the State Disbursement Unit for
27 the official record of the Court. The clerk may recover
28 from the person making the maintenance or child support
29 payment any additional cost incurred in the collection of
30 this annual fee.
31 The clerk shall also be entitled to a fee of $5 for
32 certifications made to the Secretary of State as provided
33 in Section 7-703 of the Family Financial Responsibility
34 Law and these fees shall also be deposited into the
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1 Separate Maintenance and Child Support Collection Fund.
2 (cc) Corrections of Numbers.
3 For correction of the case number, case title, or
4 attorney computer identification number, if required by
5 rule of court, on any document filed in the clerk's
6 office, to be charged against the party that filed the
7 document, a minimum of $15 and a maximum of $25.
8 (dd) Exceptions.
9 The fee requirements of this Section shall not apply
10 to police departments or other law enforcement agencies.
11 In this Section, "law enforcement agency" means an agency
12 of the State or a unit of local government which is
13 vested by law or ordinance with the duty to maintain
14 public order and to enforce criminal laws or ordinances.
15 "Law enforcement agency" also means the Attorney General
16 or any state's attorney. The fee requirements of this
17 Section shall not apply to any action instituted under
18 subsection (b) of Section 11-31-1 of the Illinois
19 Municipal Code by a private owner or tenant of real
20 property within 1200 feet of a dangerous or unsafe
21 building seeking an order compelling the owner or owners
22 of the building to take any of the actions authorized
23 under that subsection.
24 (ee) Adoptions.
25 (1) For an adoption.............................$65
26 (2) Upon good cause shown, the court may waive the
27 adoption filing fee in a special needs adoption. The
28 term "special needs adoption" shall have the meaning
29 ascribed to it by the Illinois Department of Children and
30 Family Services.
31 (ff) Adoption exemptions.
32 No fee other than that set forth in subsection (ee)
33 shall be charged to any person in connection with an
34 adoption proceeding.
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1 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
2 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
3 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
4 Sec. 27.2a. The fees of the clerks of the circuit court
5 in all counties having a population of 3,000,000 or more
6 inhabitants in the instances described in this Section shall
7 be as provided in this Section. In those instances where a
8 minimum and maximum fee is stated, the clerk of the circuit
9 court must charge the minimum fee listed and may charge up to
10 the maximum fee if the county board has by resolution
11 increased the fee. The fees shall be paid in advance and
12 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 $190 and a maximum of
17 $240.
18 (A) When the amount of money or damages or the
19 value of personal property claimed does not exceed
20 $250, a minimum of $15 and a maximum of $22.
21 (B) When that amount exceeds $250 but does not
22 exceed $1000, a minimum of $40 and a maximum of $75.
23 (C) When that amount exceeds $1000 but does
24 not exceed $2500, a minimum of $50 and a maximum of
25 $80.
26 (D) When that amount exceeds $2500 but does
27 not exceed $5000, a minimum of $100 and a maximum of
28 $130.
29 (E) When that amount exceeds $5000 but does
30 not exceed $15,000, $150.
31 (F) For the exercise of eminent domain, $150.
32 For each additional lot or tract of land or right or
33 interest therein subject to be condemned, the
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1 damages in respect to which shall require separate
2 assessment by a jury, $150.
3 (G) For the final determination of parking,
4 standing, and compliance violations and final
5 administrative decisions issued after hearings
6 regarding vehicle immobilization and impoundment
7 made pursuant to Sections 3-704.1, 6-306.5, and
8 11-208.3 of the Illinois Vehicle Code, $25.
9 (b) Forcible Entry and Detainer.
10 In each forcible entry and detainer case when the
11 plaintiff seeks possession only or unites with his or her
12 claim for possession of the property a claim for rent or
13 damages or both in the amount of $15,000 or less, a
14 minimum of $75 and a maximum of $140. When the plaintiff
15 unites his or her claim for possession with a claim for
16 rent or damages or both exceeding $15,000, a minimum of
17 $225 and a maximum of $335.
18 (c) Counterclaim or Joining Third Party Defendant.
19 When any defendant files a counterclaim as part of
20 his or her answer or otherwise or joins another party as
21 a third party defendant, or both, the defendant shall pay
22 a fee for each counterclaim or third party action in an
23 amount equal to the fee he or she would have had to pay
24 had he or she brought a separate action for the relief
25 sought in the counterclaim or against the third party
26 defendant, less the amount of the appearance fee, if that
27 has been paid.
28 (d) Confession of Judgment.
29 In a confession of judgment when the amount does not
30 exceed $1500, a minimum of $60 and a maximum of $70.
31 When the amount exceeds $1500, but does not exceed $5000,
32 a minimum of $75 and a maximum of $150. When the amount
33 exceeds $5000, but does not exceed $15,000, a minimum of
34 $175 and a maximum of $260. When the amount exceeds
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1 $15,000, a minimum of $250 and a maximum of $310.
2 (e) Appearance.
3 The fee for filing an appearance in each civil case
4 shall be a minimum of $75 and a maximum of $110, except
5 as follows:
6 (A) When the plaintiff in a forcible entry and
7 detainer case seeks possession only, a minimum of
8 $40 and a maximum of $80.
9 (B) When the amount in the case does not
10 exceed $1500, a minimum of $40 and a maximum of $80.
11 (C) When that amount exceeds $1500 but does
12 not exceed $15,000, a minimum of $60 and a maximum
13 of $90.
14 (f) Garnishment, Wage Deduction, and Citation.
15 In garnishment affidavit, wage deduction affidavit,
16 and citation petition when the amount does not exceed
17 $1,000, a minimum of $15 and a maximum of $25; when the
18 amount exceeds $1,000 but does not exceed $5,000, a
19 minimum of $30 and a maximum of $45; and when the amount
20 exceeds $5,000, a minimum of $50 and a maximum of $80.
21 (g) Petition to Vacate or Modify.
22 (1) Petition to vacate or modify any final judgment
23 or order of court, except in forcible entry and detainer
24 cases and small claims cases or a petition to reopen an
25 estate, to modify, terminate, or enforce a judgment or
26 order for child or spousal support, or to modify,
27 suspend, or terminate an order for withholding, if filed
28 before 30 days after the entry of the judgment or order,
29 a minimum of $50 and a maximum of $60.
30 (2) Petition to vacate or modify any final judgment
31 or order of court, except a petition to modify,
32 terminate, or enforce a judgment or order for child or
33 spousal support or to modify, suspend, or terminate an
34 order for withholding, if filed later than 30 days after
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1 the entry of the judgment or order, a minimum of $75 and
2 a maximum of $90.
3 (3) Petition to vacate order of bond forfeiture, a
4 minimum of $40 and a maximum of $80.
5 (h) Mailing.
6 When the clerk is required to mail, the fee will be
7 a minimum of $10 and a maximum of $15, plus the cost of
8 postage.
9 (i) Certified Copies.
10 Each certified copy of a judgment after the first,
11 except in small claims and forcible entry and detainer
12 cases, a minimum of $15 and a maximum of $20.
13 (j) Habeas Corpus.
14 For filing a petition for relief by habeas corpus, a
15 minimum of $125 and a maximum of $190.
16 (k) Certification, Authentication, and Reproduction.
17 (1) Each certification or authentication for taking
18 the acknowledgment of a deed or other instrument in
19 writing with the seal of office, a minimum of $6 and a
20 maximum of $9.
21 (2) Court appeals when original documents are
22 forwarded, under 100 pages, plus delivery and costs, a
23 minimum of $75 and a maximum of $110.
24 (3) Court appeals when original documents are
25 forwarded, over 100 pages, plus delivery and costs, a
26 minimum of $150 and a maximum of $185.
27 (4) Court appeals when original documents are
28 forwarded, over 200 pages, an additional fee of a minimum
29 of 25 and a maximum of 30 cents per page.
30 (5) For reproduction of any document contained in
31 the clerk's files:
32 (A) First page, $2.
33 (B) Next 19 pages, 50 cents per page.
34 (C) All remaining pages, 25 cents per page.
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1 (l) Remands.
2 In any cases remanded to the Circuit Court from the
3 Supreme Court or the Appellate Court for a new trial, the
4 clerk shall file the remanding order and reinstate the
5 case with either its original number or a new number.
6 The Clerk shall not charge any new or additional fee for
7 the reinstatement. Upon reinstatement the Clerk shall
8 advise the parties of the reinstatement. A party shall
9 have the same right to a jury trial on remand and
10 reinstatement as he or she had before the appeal, and no
11 additional or new fee or charge shall be made for a jury
12 trial after remand.
13 (m) Record Search.
14 For each record search, within a division or
15 municipal district, the clerk shall be entitled to a
16 search fee of a minimum of $6 and a maximum of $9 for
17 each year searched.
18 (n) Hard Copy.
19 For each page of hard copy print output, when case
20 records are maintained on an automated medium, the clerk
21 shall be entitled to a fee of a minimum of $6 and a
22 maximum of $9.
23 (o) Index Inquiry and Other Records.
24 No fee shall be charged for a single
25 plaintiff/defendant index inquiry or single case record
26 inquiry when this request is made in person and the
27 records are maintained in a current automated medium, and
28 when no hard copy print output is requested. The fees to
29 be charged for management records, multiple case records,
30 and multiple journal records may be specified by the
31 Chief Judge pursuant to the guidelines for access and
32 dissemination of information approved by the Supreme
33 Court.
34 (p) Commitment Petitions.
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1 For filing commitment petitions under the Mental
2 Health and Developmental Disabilities Code, a minimum of
3 $50 and a maximum of $100.
4 (q) Alias Summons.
5 For each alias summons or citation issued by the
6 clerk, a minimum of $5 and a maximum of $6.
7 (r) Other Fees.
8 Any fees not covered in this Section shall be set by
9 rule or administrative order of the Circuit Court with
10 the approval of the Administrative Office of the Illinois
11 Courts.
12 The clerk of the circuit court may provide
13 additional services for which there is no fee specified
14 by statute in connection with the operation of the
15 clerk's office as may be requested by the public and
16 agreed to by the clerk and approved by the chief judge of
17 the circuit court. Any charges for additional services
18 shall be as agreed to between the clerk and the party
19 making the request and approved by the chief judge of the
20 circuit court. Nothing in this subsection shall be
21 construed to require any clerk to provide any service not
22 otherwise required by law.
23 (s) Jury Services.
24 The clerk shall be entitled to receive, in addition
25 to other fees allowed by law, the sum of a minimum of
26 $212.50 and maximum of $230, as a fee for the services of
27 a jury in every civil action not quasi-criminal in its
28 nature and not a proceeding for the exercise of the right
29 of eminent domain and in every other action wherein the
30 right of trial by jury is or may be given by law. The
31 jury fee shall be paid by the party demanding a jury at
32 the time of filing the jury demand. If the fee is not
33 paid by either party, no jury shall be called in the
34 action or proceeding, and the same shall be tried by the
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1 court without a jury.
2 (t) Voluntary Assignment.
3 For filing each deed of voluntary assignment, a
4 minimum of $20 and a maximum of $40; for recording the
5 same, a minimum of 50¢ and a maximum of $0.80 for each
6 100 words. Exceptions filed to claims presented to an
7 assignee of a debtor who has made a voluntary assignment
8 for the benefit of creditors shall be considered and
9 treated, for the purpose of taxing costs therein, as
10 actions in which the party or parties filing the
11 exceptions shall be considered as party or parties
12 plaintiff, and the claimant or claimants as party or
13 parties defendant, and those parties respectively shall
14 pay to the clerk the same fees as provided by this
15 Section to be paid in other actions.
16 (u) Expungement Petition.
17 The clerk shall be entitled to receive a fee of a
18 minimum of $60 and a maximum of $120 for each expungement
19 petition filed and an additional fee of a minimum of $4
20 and a maximum of $8 for each certified copy of an order
21 to expunge arrest records.
22 (v) Probate.
23 The clerk is entitled to receive the fees specified in
24 this subsection (v), which shall be paid in advance, except
25 that, for good cause shown, the court may suspend, reduce, or
26 release the costs payable under this subsection:
27 (1) For administration of the estate of a decedent
28 (whether testate or intestate) or of a missing person, a
29 minimum of $150 and a maximum of $225, plus the fees
30 specified in subsection (v)(3), except:
31 (A) When the value of the real and personal
32 property does not exceed $15,000, the fee shall be a
33 minimum of $40 and a maximum of $65.
34 (B) When (i) proof of heirship alone is made,
-68- LRB9206081TAtmam14
1 (ii) a domestic or foreign will is admitted to
2 probate without administration (including proof of
3 heirship), or (iii) letters of office are issued for
4 a particular purpose without administration of the
5 estate, the fee shall be a minimum of $40 and a
6 maximum of $65.
7 (2) For administration of the estate of a ward, a
8 minimum of $75 and a maximum of $110, plus the fees
9 specified in subsection (v)(3), except:
10 (A) When the value of the real and personal
11 property does not exceed $15,000, the fee shall be a
12 minimum of $40 and a maximum of $65.
13 (B) When (i) letters of office are issued to a
14 guardian of the person or persons, but not of the
15 estate or (ii) letters of office are issued in the
16 estate of a ward without administration of the
17 estate, including filing or joining in the filing of
18 a tax return or releasing a mortgage or consenting
19 to the marriage of the ward, the fee shall be a
20 minimum of $20 and a maximum of $40.
21 (3) In addition to the fees payable under
22 subsection (v)(1) or (v)(2) of this Section, the
23 following fees are payable:
24 (A) For each account (other than one final
25 account) filed in the estate of a decedent, or ward,
26 a minimum of $25 and a maximum of $40.
27 (B) For filing a claim in an estate when the
28 amount claimed is $150 or more but less than $500, a
29 minimum of $20 and a maximum of $40; when the amount
30 claimed is $500 or more but less than $10,000, a
31 minimum of $40 and a maximum of $65; when the amount
32 claimed is $10,000 or more, a minimum of $60 and a
33 maximum of $90; provided that the court in allowing
34 a claim may add to the amount allowed the filing fee
-69- LRB9206081TAtmam14
1 paid by the claimant.
2 (C) For filing in an estate a claim, petition,
3 or supplemental proceeding based upon an action
4 seeking equitable relief including the construction
5 or contest of a will, enforcement of a contract to
6 make a will, and proceedings involving testamentary
7 trusts or the appointment of testamentary trustees,
8 a minimum of $60 and a maximum of $90.
9 (D) For filing in an estate (i) the appearance
10 of any person for the purpose of consent or (ii) the
11 appearance of an executor, administrator,
12 administrator to collect, guardian, guardian ad
13 litem, or special administrator, no fee.
14 (E) Except as provided in subsection
15 (v)(3)(D), for filing the appearance of any person
16 or persons, a minimum of $30 and a maximum of $90.
17 (F) For each jury demand, a minimum of $137.50
18 and a maximum of $180.
19 (G) For disposition of the collection of a
20 judgment or settlement of an action or claim for
21 wrongful death of a decedent or of any cause of
22 action of a ward, when there is no other
23 administration of the estate, a minimum of $50 and a
24 maximum of $80, less any amount paid under
25 subsection (v)(1)(B) or (v)(2)(B) except that if the
26 amount involved does not exceed $5,000, the fee,
27 including any amount paid under subsection (v)(1)(B)
28 or (v)(2)(B), shall be a minimum of $20 and a
29 maximum of $40.
30 (H) For each certified copy of letters of
31 office, of court order or other certification, a
32 minimum of $2 and a maximum of $4, plus $1 per page
33 in excess of 3 pages for the document certified.
34 (I) For each exemplification, $2, plus the fee
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1 for certification.
2 (4) The executor, administrator, guardian,
3 petitioner, or other interested person or his or her
4 attorney shall pay the cost of publication by the clerk
5 directly to the newspaper.
6 (5) The person on whose behalf a charge is incurred
7 for witness, court reporter, appraiser, or other
8 miscellaneous fee shall pay the same directly to the
9 person entitled thereto.
10 (6) The executor, administrator, guardian,
11 petitioner, or other interested person or his or her
12 attorney shall pay to the clerk all postage charges
13 incurred by the clerk in mailing petitions, orders,
14 notices, or other documents pursuant to the provisions of
15 the Probate Act of 1975.
16 (w) Criminal and Quasi-Criminal Costs and Fees.
17 (1) The clerk shall be entitled to costs in all
18 criminal and quasi-criminal cases from each person
19 convicted or sentenced to supervision therein as follows:
20 (A) Felony complaints, a minimum of $125 and a
21 maximum of $190.
22 (B) Misdemeanor complaints, a minimum of $75
23 and a maximum of $110.
24 (C) Business offense complaints, a minimum of
25 $75 and a maximum of $110.
26 (D) Petty offense complaints, a minimum of $75
27 and a maximum of $110.
28 (E) Minor traffic or ordinance violations,
29 $30.
30 (F) When court appearance required, $50.
31 (G) Motions to vacate or amend final orders, a
32 minimum of $40 and a maximum of $80.
33 (H) Motions to vacate bond forfeiture orders,
34 a minimum of $30 and a maximum of $45.
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1 (I) Motions to vacate ex parte judgments,
2 whenever filed, a minimum of $30 and a maximum of
3 $45.
4 (J) Motions to vacate judgment on forfeitures,
5 whenever filed, a minimum of $25 and a maximum of
6 $30.
7 (K) Motions to vacate "failure to appear" or
8 "failure to comply" notices sent to the Secretary of
9 State, a minimum of $40 and a maximum of $50.
10 (2) In counties having a population of 3,000,000 or
11 more, when the violation complaint is issued by a
12 municipal police department, the clerk shall be entitled
13 to costs from each person convicted therein as follows:
14 (A) Minor traffic or ordinance violations, a
15 minimum of $30 and a maximum of $90.
16 (B) When court appearance required, a minimum
17 of $50 and a maximum of $150.
18 (3) In ordinance violation cases punishable by fine
19 only, the clerk of the circuit court shall be entitled to
20 receive, unless the fee is excused upon a finding by the
21 court that the defendant is indigent, in addition to
22 other fees or costs allowed or imposed by law, the sum of
23 a minimum of $112.50 and a maximum of $250 as a fee for
24 the services of a jury. The jury fee shall be paid by
25 the defendant at the time of filing his or her jury
26 demand. If the fee is not so paid by the defendant, no
27 jury shall be called, and the case shall be tried by the
28 court without a jury.
29 (x) Transcripts of Judgment.
30 For the filing of a transcript of judgment, the
31 clerk shall be entitled to the same fee as if it were the
32 commencement of a new suit.
33 (y) Change of Venue.
34 (1) For the filing of a change of case on a change
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1 of venue, the clerk shall be entitled to the same fee as
2 if it were the commencement of a new suit.
3 (2) The fee for the preparation and certification
4 of a record on a change of venue to another jurisdiction,
5 when original documents are forwarded, a minimum of $40
6 and a maximum of $65.
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 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
16 minimum 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
20 support cases, a sum equal to 3.0% of the amount
21 collected and 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
27 closed, or payment stopped, $25.
28 (4) In child support and maintenance cases, the
29 clerk, if authorized by an ordinance of the county board,
30 may collect an annual fee of up to $36 from the person
31 making payment for maintaining child support records and
32 the processing of support orders to the State of Illinois
33 KIDS system and the recording of payments issued by the
34 State Disbursement Unit for the official record of the
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1 Court. This fee shall be in addition to and separate
2 from amounts ordered to be paid as maintenance or child
3 support and shall be deposited into a Separate
4 Maintenance and Child Support Collection Fund, of which
5 the clerk shall be the custodian, ex-officio, to be used
6 by the clerk to maintain child support orders and record
7 all payments issued by the State Disbursement Unit for
8 the official record of the Court. The clerk may recover
9 from the person making the maintenance or child support
10 payment any additional cost incurred in the collection of
11 this annual fee.
12 The clerk shall also be entitled to a fee of $5 for
13 certifications made to the Secretary of State as provided
14 in Section 7-703 of the Family Financial Responsibility
15 Law and these fees shall also be deposited into the
16 Separate Maintenance and Child Support Collection Fund.
17 (cc) Corrections of Numbers.
18 For correction of the case number, case title, or
19 attorney computer identification number, if required by
20 rule of court, on any document filed in the clerk's
21 office, to be charged against the party that filed the
22 document, a minimum of $25 and a maximum of $40.
23 (dd) Exceptions.
24 (1) The fee requirements of this Section shall not
25 apply to police departments or other law enforcement
26 agencies. In this Section, "law enforcement agency"
27 means an agency of the State or a unit of local
28 government which is vested by law or ordinance with the
29 duty to maintain public order and to enforce criminal
30 laws or ordinances. "Law enforcement agency" also means
31 the Attorney General or any state's attorney.
32 (2) No fee provided herein shall be charged to any
33 unit of local government or school district. The fee
34 requirements of this Section shall not apply to any
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1 action instituted under subsection (b) of Section 11-31-1
2 of the Illinois Municipal Code by a private owner or
3 tenant of real property within 1200 feet of a dangerous
4 or unsafe building seeking an order compelling the owner
5 or owners of the building to take any of the actions
6 authorized under that subsection.
7 (ee) Adoption.
8 (1) For an adoption.............................$65
9 (2) Upon good cause shown, the court may waive the
10 adoption filing fee in a special needs adoption. The
11 term "special needs adoption" shall have the meaning
12 ascribed to it by the Illinois Department of Children and
13 Family Services.
14 (ff) Adoption exemptions.
15 No fee other than that set forth in subsection (ee)
16 shall be charged to any person in connection with an
17 adoption proceeding.
18 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
19 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff.
20 6-13-00.)
21 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
22 Sec. 27.5. All fees, fines, costs, additional penalties,
23 bail balances assessed or forfeited, and any other amount
24 paid by a person to the circuit clerk that equals an amount
25 less than $55, except restitution under Section 5-5-6 of the
26 Unified Code of Corrections, reimbursement for the costs of
27 an emergency response as provided under Section 5-5-3 of the
28 Unified Code of Corrections, any fees collected for attending
29 a traffic safety program under paragraph (c) of Supreme Court
30 Rule 529, any fee collected on behalf of a State's Attorney
31 under Section 4-2002 of the Counties Code or a sheriff under
32 Section 4-5001 of the Counties Code, or any cost imposed
33 under Section 124A-5 of the Code of Criminal Procedure of
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1 1963, for convictions, orders of supervision, or any other
2 disposition for a violation of Chapters 3, 4, 6, 11, and 12
3 of the Illinois Vehicle Code, or a similar provision of a
4 local ordinance, and any violation of the Child Passenger
5 Protection Act, or a similar provision of a local ordinance,
6 fees collected for electronic monitoring, drug or alcohol
7 testing and screening, probation fees authorized under
8 Section 5-6-3 of the Unified Code of Corrections, and
9 supervision fees authorized under Section 5-6-3.1 of the
10 Unified Code of Corrections, shall be disbursed within 60
11 days after receipt by the circuit clerk as follows: 47%
12 shall be disbursed to the entity authorized by law to receive
13 the fine imposed in the case; 12% shall be disbursed to the
14 State Treasurer; and 41% shall be disbursed to the county's
15 general corporate fund. Of the 12% disbursed to the State
16 Treasurer, 1/6 shall be deposited by the State Treasurer into
17 the Violent Crime Victims Assistance Fund, 1/2 shall be
18 deposited into the Traffic and Criminal Conviction Surcharge
19 Fund, and 1/3 shall be deposited into the Drivers Education
20 Fund. For fiscal years 1992 and 1993, amounts deposited into
21 the Violent Crime Victims Assistance Fund, the Traffic and
22 Criminal Conviction Surcharge Fund, or the Drivers Education
23 Fund shall not exceed 110% of the amounts deposited into
24 those funds in fiscal year 1991. Any amount that exceeds the
25 110% limit shall be distributed as follows: 50% shall be
26 disbursed to the county's general corporate fund and 50%
27 shall be disbursed to the entity authorized by law to receive
28 the fine imposed in the case. Not later than March 1 of each
29 year the circuit clerk shall submit a report of the amount of
30 funds remitted to the State Treasurer under this Section
31 during the preceding year based upon independent verification
32 of fines and fees. All counties shall be subject to this
33 Section, except that counties with a population under
34 2,000,000 may, by ordinance, elect not to be subject to this
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1 Section. For offenses subject to this Section, judges shall
2 impose one total sum of money payable for violations. The
3 circuit clerk may add on no additional amounts except for
4 amounts that are required by Sections 27.3a and 27.3c of this
5 Act, unless those amounts are specifically waived by the
6 judge. With respect to money collected by the circuit clerk
7 as a result of forfeiture of bail, ex parte judgment or
8 guilty plea pursuant to Supreme Court Rule 529, the circuit
9 clerk shall first deduct and pay amounts required by Sections
10 27.3a and 27.3c of this Act. This Section is a denial and
11 limitation of home rule powers and functions under subsection
12 (h) of Section 6 of Article VII of the Illinois Constitution.
13 (Source: P.A. 89-234, eff. 1-1-96.)
14 (705 ILCS 105/27.6)
15 Sec. 27.6. (a) All fees, fines, costs, additional
16 penalties, bail balances assessed or forfeited, and any other
17 amount paid by a person to the circuit clerk equalling an
18 amount of $55 or more, except the additional fee required by
19 subsections (b) and (c), restitution under Section 5-5-6 of
20 the Unified Code of Corrections, reimbursement for the costs
21 of an emergency response as provided under Section 5-5-3 of
22 the Unified Code of Corrections, any fees collected for
23 attending a traffic safety program under paragraph (c) of
24 Supreme Court Rule 529, any fee collected on behalf of a
25 State's Attorney under Section 4-2002 of the Counties Code or
26 a sheriff under Section 4-5001 of the Counties Code, or any
27 cost imposed under Section 124A-5 of the Code of Criminal
28 Procedure of 1963, for convictions, orders of supervision, or
29 any other disposition for a violation of Chapters 3, 4, 6,
30 11, and 12 of the Illinois Vehicle Code, or a similar
31 provision of a local ordinance, and any violation of the
32 Child Passenger Protection Act, or a similar provision of a
33 local ordinance, fees collected for electronic monitoring,
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1 drug or alcohol testing and screening, probation fees
2 authorized under Section 5-6-3 of the Unified Code of
3 Corrections, and supervision fees authorized under Section
4 5-6-3.1 of the Unified Code of Corrections, shall be
5 disbursed within 60 days after receipt by the circuit clerk
6 as follows: 44.5% shall be disbursed to the entity
7 authorized by law to receive the fine imposed in the case;
8 16.825% shall be disbursed to the State Treasurer; and
9 38.675% shall be disbursed to the county's general corporate
10 fund. Of the 16.825% disbursed to the State Treasurer, 2/17
11 shall be deposited by the State Treasurer into the Violent
12 Crime Victims Assistance Fund, 5.052/17 shall be deposited
13 into the Traffic and Criminal Conviction Surcharge Fund, 3/17
14 shall be deposited into the Drivers Education Fund, and
15 6.948/17 shall be deposited into the Trauma Center Fund. Of
16 the 6.948/17 deposited into the Trauma Center Fund from the
17 16.825% disbursed to the State Treasurer, 50% shall be
18 disbursed to the Department of Public Health and 50% shall be
19 disbursed to the Department of Public Aid. For fiscal year
20 1993, amounts deposited into the Violent Crime Victims
21 Assistance Fund, the Traffic and Criminal Conviction
22 Surcharge Fund, or the Drivers Education Fund shall not
23 exceed 110% of the amounts deposited into those funds in
24 fiscal year 1991. Any amount that exceeds the 110% limit
25 shall be distributed as follows: 50% shall be disbursed to
26 the county's general corporate fund and 50% shall be
27 disbursed to the entity authorized by law to receive the fine
28 imposed in the case. Not later than March 1 of each year the
29 circuit clerk shall submit a report of the amount of funds
30 remitted to the State Treasurer under this Section during the
31 preceding year based upon independent verification of fines
32 and fees. All counties shall be subject to this Section,
33 except that counties with a population under 2,000,000 may,
34 by ordinance, elect not to be subject to this Section. For
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1 offenses subject to this Section, judges shall impose one
2 total sum of money payable for violations. The circuit clerk
3 may add on no additional amounts except for amounts that are
4 required by Sections 27.3a and 27.3c of this Act, unless
5 those amounts are specifically waived by the judge. With
6 respect to money collected by the circuit clerk as a result
7 of forfeiture of bail, ex parte judgment or guilty plea
8 pursuant to Supreme Court Rule 529, the circuit clerk shall
9 first deduct and pay amounts required by Sections 27.3a and
10 27.3c of this Act. This Section is a denial and limitation of
11 home rule powers and functions under subsection (h) of
12 Section 6 of Article VII of the Illinois Constitution.
13 (b) In addition to any other fines and court costs
14 assessed by the courts, any person convicted or receiving an
15 order of supervision for driving under the influence of
16 alcohol or drugs shall pay an additional fee of $25 to the
17 clerk of the circuit court. This amount, less 2 1/2% that
18 shall be used to defray administrative costs incurred by the
19 clerk, shall be remitted by the clerk to the Treasurer within
20 60 days after receipt for deposit into the Trauma Center
21 Fund. This additional fee of $25 shall not be considered a
22 part of the fine for purposes of any reduction in the fine
23 for time served either before or after sentencing. Not later
24 than March 1 of each year the Circuit Clerk shall submit a
25 report of the amount of funds remitted to the State Treasurer
26 under this subsection during the preceding calendar year.
27 (c) In addition to any other fines and court costs
28 assessed by the courts, any person convicted for a violation
29 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
30 1961 or a person sentenced for a violation of the Cannabis
31 Control Act or the Controlled Substance Act shall pay an
32 additional fee of $100 to the clerk of the circuit court.
33 This amount, less 2 1/2% that shall be used to defray
34 administrative costs incurred by the clerk, shall be remitted
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1 by the clerk to the Treasurer within 60 days after receipt
2 for deposit into the Trauma Center Fund. This additional fee
3 of $100 shall not be considered a part of the fine for
4 purposes of any reduction in the fine for time served either
5 before or after sentencing. Not later than March 1 of each
6 year the Circuit Clerk shall submit a report of the amount of
7 funds remitted to the State Treasurer under this subsection
8 during the preceding calendar year.
9 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96;
10 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)
11 Section 95. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act
13 by text that is not yet or no longer in effect, the use of
14 that text does not accelerate or delay the taking effect of
15 (i) the changes made by this Act or (ii) provisions derived
16 from any other Public Act.
17 Section 99. Effective date. This Act takes effect on
18 July 1, 2001.".