State of Illinois
92nd General Assembly
Legislation

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92_SB1915

 
                                               LRB9213767RCcd

 1        AN ACT in relation to fees.

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

 4        Section  5.  The Clerks  of  Courts  Act  is  amended  by
 5    changing Sections 27.2a and 27.3b and adding Section 27.3d as
 6    follows:

 7        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
 8        Sec.  27.2a.  The fees of the clerks of the circuit court
 9    in all counties having a  population  of  3,000,000  or  more
10    inhabitants  in the instances described in this Section shall
11    be as provided in this Section.  The fees shall  be  paid  in
12    advance and shall be as follows:
13    (a)  Civil Cases.
14             The  fee  for filing a complaint, petition, or other
15        pleading initiating a civil action,  with  the  following
16        exceptions, shall be $190.
17                  (A)  When the amount of money or damages or the
18             value  of  personal property claimed does not exceed
19             $250, $15.
20                  (B)  When that amount exceeds $250 but does not
21             exceed $1000, $40.
22                  (C)  When that amount exceeds  $1000  but  does
23             not exceed $2500, $50.
24                  (D)  When  that  amount  exceeds $2500 but does
25             not exceed $5000, $100.
26                  (E)  When that amount exceeds  $5000  but  does
27             not exceed $15,000, $150.
28                  (F)  For  the exercise of eminent domain, $150.
29             For each additional lot or tract of land or right or
30             interest  therein  subject  to  be  condemned,   the
31             damages  in  respect to which shall require separate
 
                            -2-                LRB9213767RCcd
 1             assessment by a jury, $150.
 2                  (G)  For the final  determination  of  parking,
 3             standing,   and   compliance  violations  and  final
 4             administrative  decisions  issued   after   hearings
 5             regarding  vehicle  immobilization  and  impoundment
 6             made  pursuant  to  Sections  3-704.1,  6-306.5, and
 7             11-208.3 of the Illinois Vehicle Code, $25.
 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,  $75.
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, $225.
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, $60.  When the amount  exceeds  $1500,  but
29        does  not  exceed  $5000,  $75.   When the amount exceeds
30        $5000, but does not exceed $15,000, $175. When the amount
31        exceeds $15,000, $250.
32    (e)  Appearance.
33             The fee for filing an appearance in each civil  case
34        shall be $75, except as follows:
 
                            -3-                LRB9213767RCcd
 1                  (A)  When the plaintiff in a forcible entry and
 2             detainer case seeks possession only, $40.
 3                  (B)  When  the  amount  in  the  case  does not
 4             exceed $1500, $40.
 5                  (C)  When that amount exceeds  $1500  but  does
 6             not exceed $15,000, $60.
 7    (f)  Garnishment, Wage Deduction, and Citation.
 8             In  garnishment affidavit, wage deduction affidavit,
 9        and citation petition when the  amount  does  not  exceed
10        $1,000,  $15; when the amount exceeds $1,000 but does not
11        exceed $5,000, $30; and when the amount  exceeds  $5,000,
12        $50.
13    (g)  Petition to Vacate or Modify.
14             (1)  Petition to vacate or modify any final judgment
15        or  order of court, except in forcible entry and detainer
16        cases and small claims cases or a petition to  reopen  an
17        estate,  to  modify,  terminate, or enforce a judgment or
18        order  for  child  or  spousal  support,  or  to  modify,
19        suspend, or terminate an order for withholding, if  filed
20        before  30 days after the entry of the judgment or order,
21        $50. If filed later than 30 days after the entry  of  the
22        judgment or order, $75.
23             (2)  Petition to vacate or modify any final judgment
24        or  order  of  court  or a petition to reconsider a final
25        judgement or order of court, except a petition to modify,
26        terminate, or enforce a judgment or order  for  child  or
27        spousal  support  or  to modify, suspend, or terminate an
28        order for withholding, if filed later than 30 days  after
29        the entry of the judgment or order, $75.
30             (3)  Petition  to  vacate  order of bond forfeiture,
31        $40.
32    (h)  Mailing.
33             When the clerk is required to mail, the fee will  be
34        $10, plus the cost of postage.
 
                            -4-                LRB9213767RCcd
 1    (i)  Certified Copies.
 2             Each  certified  copy of a judgment after the first,
 3        except in small claims and forcible  entry  and  detainer
 4        cases, $15.
 5    (j)  Habeas Corpus.
 6             For  filing  a petition for relief by habeas corpus,
 7        $125.
 8    (k)  Certification, Authentication, and Reproduction.
 9             (1)  Each certification or authentication for taking
10        the acknowledgment of  a  deed  or  other  instrument  in
11        writing with the seal of office, $6.
12             (2)  Court   appeals  when  original  documents  are
13        forwarded, under 100 pages, plus delivery and costs, $75.
14             (3)  Court  appeals  when  original  documents   are
15        forwarded, over 100 pages, plus delivery and costs, $150.
16             (4)  Court   appeals  when  original  documents  are
17        forwarded, over 200 pages, an additional fee of 25  cents
18        per page.
19             (5)  For  reproduction  of any document contained in
20        the clerk's files:
21                  (A)  First page, $2.
22                  (B)  Next 19 pages, 50 cents per page.
23                  (C)  All remaining pages, 25 cents per page.
24    (l)  Remands.
25             In any cases remanded to the Circuit Court  from the
26        Supreme Court or the Appellate Court for a new trial, the
27        clerk shall file the remanding order  and  reinstate  the
28        case  with  either  its  original number or a new number.
29        The Clerk shall not charge any new or additional fee  for
30        the  reinstatement.   Upon  reinstatement the Clerk shall
31        advise the parties of the reinstatement.  A  party  shall
32        have  the  same  right  to  a  jury  trial  on remand and
33        reinstatement as he or she had before the appeal, and  no
34        additional  or new fee or charge shall be made for a jury
 
                            -5-                LRB9213767RCcd
 1        trial after remand.
 2    (m)  Record Search.
 3             For  each  record  search,  within  a  division   or
 4        municipal  district,  the  clerk  shall  be entitled to a
 5        search fee of $6 for each year searched.
 6    (n)  Hard Copy.
 7             For each page of hard copy print output,  when  case
 8        records  are maintained on an automated medium, the clerk
 9        shall be entitled to a fee of $6.
10    (o)  Index Inquiry and Other Records.
11             No   fee   shall   be   charged   for    a    single
12        plaintiff/defendant  index  inquiry or single case record
13        inquiry when this request  is  made  in  person  and  the
14        records are maintained in a current automated medium, and
15        when no hard copy print output is requested.  The fees to
16        be charged for management records, multiple case records,
17        and  multiple  journal  records  may  be specified by the
18        Chief Judge pursuant to the  guidelines  for  access  and
19        dissemination  of  information  approved  by  the Supreme
20        Court.
21    (p)  Commitment Petitions.
22             For filing commitment  petitions  under  the  Mental
23        Health and Developmental Disabilities Code, $50.
24    (q)  Alias Summons.
25             For  each  alias  summons  or citation issued by the
26        clerk, $5.
27    (r)  Other Fees.
28             Any fees not covered in this Section shall be set by
29        rule or administrative order of the  Circuit  Court  with
30        the approval of the Administrative Office of the Illinois
31        Courts.
32             The   clerk   of   the  circuit  court  may  provide
33        additional services for which there is no  fee  specified
34        by  statute  in  connection  with  the  operation  of the
 
                            -6-                LRB9213767RCcd
 1        clerk's office as may be  requested  by  the  public  and
 2        agreed to by the clerk and approved by the chief judge of
 3        the  circuit  court.  Any charges for additional services
 4        shall be as agreed to between the  clerk  and  the  party
 5        making the request and approved by the chief judge of the
 6        circuit  court.   Nothing  in  this  subsection  shall be
 7        construed to require any clerk to provide any service not
 8        otherwise required by law.
 9    (s)  Jury Services.
10             The clerk shall be entitled to receive, in  addition
11        to  other  fees  allowed by law, the sum of $212.50, as a
12        fee for the services of a jury in every civil action  not
13        quasi-criminal in its nature and not a proceeding for the
14        exercise  of  the  right  of  eminent domain and in every
15        other action wherein the right of trial by jury is or may
16        be given by law.  The jury fee shall be paid by the party
17        demanding a jury at the time of filing the  jury  demand.
18        If  the fee is not paid by either party, no jury shall be
19        called in the action or proceeding, and the same shall be
20        tried by the court without a jury.
21    (t)  Voluntary Assignment.
22             For filing each deed of voluntary  assignment,  $20;
23        for   recording   the  same,  50¢  for  each  100  words.
24        Exceptions filed to claims presented to an assignee of  a
25        debtor  who  has  made  a  voluntary  assignment  for the
26        benefit of creditors shall be considered and treated, for
27        the purpose of taxing costs therein, as actions in  which
28        the  party  or  parties  filing  the  exceptions shall be
29        considered  as  party  or  parties  plaintiff,  and   the
30        claimant  or claimants as party or parties defendant, and
31        those parties respectively shall pay  to  the  clerk  the
32        same fees as provided by this Section to be paid in other
33        actions.
34    (u)  Expungement Petition.
 
                            -7-                LRB9213767RCcd
 1             The  clerk shall be entitled to receive a fee of $60
 2        for each expungement petition filed and an additional fee
 3        of $4 for  each certified copy of  an  order  to  expunge
 4        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,
12        $150,  plus  the  fees  specified  in  subsection (v)(3),
13        except:
14                  (A)  When the value of the  real  and  personal
15             property  does  not exceed $15,000, the fee shall be
16             $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 $40.
23             (2)  For administration of the  estate  of  a  ward,
24        $75,  plus  the  fees  specified  in  subsection  (v)(3),
25        except:
26                  (A)  When  the  value  of the real and personal
27             property does not exceed $15,000, the fee  shall  be
28             $40.
29                  (B)  When (i) letters of office are issued to a
30             guardian  of  the  person or persons, but not of the
31             estate or (ii) letters of office are issued  in  the
32             estate  of  a  ward  without  administration  of the
33             estate, including filing or joining in the filing of
34             a tax return or releasing a mortgage  or  consenting
 
                            -8-                LRB9213767RCcd
 1             to the marriage of the ward, the fee shall be $20.
 2             (3)  In   addition   to   the   fees  payable  under
 3        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
 4        following fees are payable:
 5                  (A)  For  each  account  (other  than one final
 6             account) filed in the estate of a decedent, or ward,
 7             $25.
 8                  (B)  For filing a claim in an estate  when  the
 9             amount  claimed  is $150 or more but less than $500,
10             $20; when the amount claimed is  $500  or  more  but
11             less  than  $10,000, $40; when the amount claimed is
12             $10,000 or more, $60; provided  that  the  court  in
13             allowing  a  claim may add to the amount allowed the
14             filing fee paid by the claimant.
15                  (C)  For filing in an estate a claim, petition,
16             or supplemental  proceeding  based  upon  an  action
17             seeking  equitable relief including the construction
18             or contest of a will, enforcement of a  contract  to
19             make  a will, and proceedings involving testamentary
20             trusts or the appointment of testamentary  trustees,
21             $60.
22                  (D)  For filing in an estate (i) the appearance
23             of any person for the purpose of consent or (ii) the
24             appearance    of    an    executor,   administrator,
25             administrator  to  collect,  guardian,  guardian  ad
26             litem, or special administrator, no fee.
27                  (E)  Except   as   provided    in    subsection
28             (v)(3)(D),  for  filing the appearance of any person
29             or persons, $30.
30                  (F)  For each jury demand, $137.50.
31                  (G)  For disposition of  the  collection  of  a
32             judgment  or  settlement  of  an action or claim for
33             wrongful death of a decedent  or  of  any  cause  of
34             action   of   a   ward,   when  there  is  no  other
 
                            -9-                LRB9213767RCcd
 1             administration of the estate, $50, less  any  amount
 2             paid  under subsection (v)(1)(B) or (v)(2)(B) except
 3             that if the amount involved does not exceed  $5,000,
 4             the  fee, including any amount paid under subsection
 5             (v)(1)(B) or (v)(2)(B), shall be $20.
 6                  (H)  For each  certified  copy  of  letters  of
 7             office,  of  court order or other certification, $2,
 8             plus $1 per page  in  excess  of  3  pages  for  the
 9             document certified.
10                  (I)  For each exemplification, $2, plus the fee
11             for certification.
12             (4)  The    executor,    administrator,    guardian,
13        petitioner,  or  other  interested  person  or his or her
14        attorney shall pay the cost of publication by  the  clerk
15        directly to the newspaper.
16             (5)  The person on whose behalf a charge is incurred
17        for   witness,   court   reporter,  appraiser,  or  other
18        miscellaneous fee shall pay  the  same  directly  to  the
19        person entitled thereto.
20             (6)  The    executor,    administrator,    guardian,
21        petitioner,  or  other  interested  person  or his or her
22        attorney shall pay  to  the  clerk  all  postage  charges
23        incurred  by  the  clerk  in  mailing  petitions, orders,
24        notices, or other documents pursuant to the provisions of
25        the Probate Act of 1975.
26    (w)  Criminal and Quasi-Criminal Costs and Fees.
27             (1)  The clerk shall be entitled  to  costs  in  all
28        criminal   and  quasi-criminal  cases  from  each  person
29        convicted or sentenced to supervision therein as follows:
30                  (A)  Felony complaints, $125.
31                  (B)  Misdemeanor complaints, $75.
32                  (C)  Business offense complaints, $75.
33                  (D)  Petty offense complaints, $75.
34                  (E)  Minor  traffic  or  ordinance  violations,
 
                            -10-               LRB9213767RCcd
 1             $30.
 2                  (F)  When court appearance required, $50.
 3                  (G)  Motions to vacate or amend  final  orders,
 4             $40.
 5                  (H)  Motions  to vacate bond forfeiture orders,
 6             $30.
 7                  (I)  Motions  to  vacate  ex  parte  judgments,
 8             whenever filed, $30.
 9                  (J)  Motions to vacate judgment on forfeitures,
10             whenever filed, $25.
11                  (K)  Motions to vacate "failure to  appear"  or
12             "failure to comply" notices sent to the Secretary of
13             State, $40.
14             (2)  In counties having a population of 3,000,000 or
15        more,  when  the  violation  complaint  is  issued  by  a
16        municipal  police department, the clerk shall be entitled
17        to costs from each person convicted therein as follows:
18                  (A)  Minor  traffic  or  ordinance  violations,
19             $30.
20                  (B)  When court appearance required, $50.
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        $112.50 as a fee for the services of a  jury.   The  jury
27        fee  shall be paid by the defendant at the time of filing
28        his 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.
 
                            -11-               LRB9213767RCcd
 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, $40.
 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  in  the
12        complaint, $50.
13    (aa)  Tax Deeds.
14             (1)  Petition  for  tax  deed, if only one parcel is
15        involved, $250.
16             (2)  For each additional parcel, add a fee of $100.
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
 
                            -12-               LRB9213767RCcd
 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, $25.
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
 
                            -13-               LRB9213767RCcd
 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 105/27.3b) (from Ch. 25, par. 27.3b)
22        Sec.  27.3b.  The  clerk  of  court may accept payment of
23    fines, penalties, or costs  by  credit  card  or  debit  card
24    approved by the clerk from an offender who has been convicted
25    of  or  placed  on  court  supervision for a traffic offense,
26    petty offense, ordinance offense, or misdemeanor or  who  has
27    been  convicted  of a felony offense.  The clerk of the court
28    may also accept payment of statutory fees by a credit card or
29    debit card.  The clerk of  the  court  may  also  accept  the
30    credit  card  or debit card for the cash deposit of bail bond
31    fees up to $300.
32        The Clerk of the circuit court  is  authorized  to  enter
33    into  contracts  with  credit  card  or  debit card companies
 
                            -14-               LRB9213767RCcd
 1    approved by  the  clerk  and  to  pay  those  companies  fees
 2    normally charged by those companies for allowing the clerk of
 3    the circuit court to accept their credit cards or debit cards
 4    in  payment  as  authorized  herein.  Where the offender pays
 5    fines, penalties, or costs by credit card or debit  card,  or
 6    anyone  paying  statutory  fees of the circuit court clerk or
 7    the posting of cash bail, the clerk shall collect  a  service
 8    fee of up to $5 or the amount charged to the clerk for use of
 9    its  services  by  the credit card or debit card issuer. This
10    service  fee  shall  be  in  addition  to  any  other  fines,
11    penalties, or costs.
12    (Source: P.A. 91-733, eff. 1-1-01.)

13        (705 ILCS 105/27.3d new)
14        Sec. 27.3d. Document evidence storage system.
15        (a)  The  expense  of  establishing  and  maintaining   a
16    document  evidence  storage  system  in  the  offices  of the
17    circuit court clerks in the several counties  of  this  State
18    shall  be  borne  by the county. To defray the expense in any
19    county that elects to establish a document  evidence  storage
20    system  and  convert document evidence records of the circuit
21    court clerk to electronic or micrographic storage, the county
22    board may require the clerk  of  the  circuit  court  in  its
23    county  to  collect a court document evidence fee of not less
24    than $1 nor more than $5, to be charged and collected by  the
25    clerk  of  the  court.  The  fee shall be paid at the time of
26    filing the first pleading, paper, or other  appearance  filed
27    by  each  party in all civil cases or by the defendant in any
28    felony,  misdemeanor,  traffic,  ordinance,  or  conservation
29    matter on a judgment  of  guilty  or  grant  of  supervision,
30    provided  that  the  document  evidence  storage system is in
31    place or has been authorized by the county board and that  no
32    additional  fee  shall  be required if more than one party is
33    presented in a single pleading, paper, or  other  appearance.
 
                            -15-               LRB9213767RCcd
 1    The  fee  shall be collected in the manner in which all other
 2    fees or costs are collected. The court document evidence  fee
 3    provided  in this subsection (a) shall not apply to any petty
 4    offense  moving  violation  written  by  a  municipal  police
 5    department in a county  having  a  population  of  more  than
 6    650,000  but  less than 3,000,000 inhabitants whether written
 7    under the  Illinois  Vehicle  Code  or  under  any  municipal
 8    ordinance.
 9        (b)  Each clerk shall commence charges and collections of
10    a  court document evidence fee upon receipt of written notice
11    from the  chairman  of  the  county  board  together  with  a
12    certified  copy  of  the  board's resolution, which the clerk
13    shall file of record in his or her office.
14        (c)  Court document evidence fees shall be in addition to
15    other fees and charges of the clerk, shall be  assessable  as
16    costs,  and  may  be  waived  only  if the judge specifically
17    provides for  the  waiver  of  the  court  document  evidence
18    storage  fee. The fees shall be remitted monthly by the clerk
19    to the county treasurer, to be retained by the treasurer in a
20    special  fund  designated  as  the  Court  Document  Evidence
21    Storage Fund.  The  fund  shall  be  audited  by  the  county
22    auditor,  and the board shall make expenditures from the fund
23    in payment of any costs relative  to  the  storage  of  court
24    evidence  provided  that  the  expenditure is approved by the
25    clerk of the circuit court.
26        (d)  A court document evidence fee shall not  be  charged
27    in  any  matter  coming to the clerk on change of venue or in
28    any proceeding to review the decision of  any  administrative
29    officer, agency, or body.

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