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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB1946eng SB1946 Engrossed LRB9213630RCcs 1 AN ACT in relation to courts. 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 Section 27.2 as follows: 6 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 7 (Text of Section before amendment by P.A. 92-521) 8 Sec. 27.2. The fees of the clerks of the circuit court 9 in all counties having a population in excess of 650,000 10 inhabitants but less than 3,000,000 inhabitants in the 11 instances described in this Section shall be as provided in 12 this Section. In addition, the fees provided in this Section 13 shall apply to all units of local government and school 14 districts in counties with more than 3,000,000 inhabitants. 15 The fees shall be paid in advance and 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 SB1946 Engrossed -2- LRB9213630RCcs 1 damages in respect to which shall require separate 2 assessment by a jury, $150. 3 (b) Forcible Entry and Detainer. 4 In each forcible entry and detainer case when the 5 plaintiff seeks possession only or unites with his or her 6 claim for possession of the property a claim for rent or 7 damages or both in the amount of $15,000 or less, $40. 8 When the plaintiff unites his or her claim for possession 9 with a claim for rent or damages or both exceeding 10 $15,000, $150. 11 (c) Counterclaim or Joining Third Party Defendant. 12 When any defendant files a counterclaim as part of 13 his or her answer or otherwise or joins another party as 14 a third party defendant, or both, the defendant shall pay 15 a fee for each counterclaim or third party action in an 16 amount equal to the fee he or she would have had to pay 17 had he or she brought a separate action for the relief 18 sought in the counterclaim or against the third party 19 defendant, less the amount of the appearance fee, if that 20 has been paid. 21 (d) Confession of Judgment. 22 In a confession of judgment when the amount does not 23 exceed $1500, $50. When the amount exceeds $1500, but 24 does not exceed $15,000, $115. When the amount exceeds 25 $15,000, $200. 26 (e) Appearance. 27 The fee for filing an appearance in each civil case 28 shall be $50, except as follows: 29 (A) When the plaintiff in a forcible entry and 30 detainer case seeks possession only; $20. 31 (B) When the amount in the case does not 32 exceed $1500, $20. 33 (C) When that amount exceeds $1500 but does 34 not exceed $15,000, $40. SB1946 Engrossed -3- LRB9213630RCcs 1 (f) Garnishment, Wage Deduction, and Citation. 2 In garnishment affidavit, wage deduction affidavit, 3 and citation petition when the amount does not exceed 4 $1,000, $10; when the amount exceeds $1,000 but does not 5 exceed $5,000, $20; and when the amount exceeds $5,000, 6 $30. 7 (g) Petition to Vacate or Modify. 8 (1) Petition to vacate or modify any final judgment 9 or order of court, except in forcible entry and detainer 10 cases and small claims cases or a petition to reopen an 11 estate, to modify, terminate, or enforce a judgment or 12 order for child or spousal support, or to modify, 13 suspend, or terminate an order for withholding, if filed 14 before 30 days after the entry of the judgment or order, 15 $40. 16 (2) Petition to vacate or modify any final judgment 17 or order of court, except a petition to modify, 18 terminate, or enforce a judgment or order for child or 19 spousal support or to modify, suspend, or terminate an 20 order for withholding, if filed later than 30 days after 21 the entry of the judgment or order, $60. 22 (3) Petition to vacate order of bond forfeiture, 23 $20. 24 (h) Mailing. 25 When the clerk is required to mail, the fee will be 26 $6, plus the cost of postage. 27 (i) Certified Copies. 28 Each certified copy of a judgment after the first, 29 except in small claims and forcible entry and detainer 30 cases, $10. 31 (j) Habeas Corpus. 32 For filing a petition for relief by habeas corpus, 33 $80. 34 (k) Certification, Authentication, and Reproduction. SB1946 Engrossed -4- LRB9213630RCcs 1 (1) Each certification or authentication for taking 2 the acknowledgment of a deed or other instrument in 3 writing with the seal of office, $4. 4 (2) Court appeals when original documents are 5 forwarded, under 100 pages, plus delivery and costs, $50. 6 (3) Court appeals when original documents are 7 forwarded, over 100 pages, plus delivery and costs, $120. 8 (4) Court appeals when original documents are 9 forwarded, over 200 pages, an additional fee of 20 cents 10 per page. 11 (5) For reproduction of any document contained in 12 the clerk's files: 13 (A) First page, $2. 14 (B) Next 19 pages, 50 cents per page. 15 (C) All remaining pages, 25 cents per page. 16 (l) Remands. 17 In any cases remanded to the Circuit Court from the 18 Supreme Court or the Appellate Court for a new trial, the 19 clerk shall file the remanding order and reinstate the 20 case with either its original number or a new number. The 21 Clerk shall not charge any new or additional fee for the 22 reinstatement. Upon reinstatement the Clerk shall advise 23 the parties of the reinstatement. A party shall have the 24 same right to a jury trial on remand and reinstatement as 25 he or she had before the appeal, and no additional or new 26 fee or charge shall be made for a jury trial after 27 remand. 28 (m) Record Search. 29 For each record search, within a division or 30 municipal district, the clerk shall be entitled to a 31 search fee of $4 for each year searched. 32 (n) Hard Copy. 33 For each page of hard copy print output, when case 34 records are maintained on an automated medium, the clerk SB1946 Engrossed -5- LRB9213630RCcs 1 shall be entitled to a fee of $4. 2 (o) Index Inquiry and Other Records. 3 No fee shall be charged for a single 4 plaintiff/defendant index inquiry or single case record 5 inquiry when this request is made in person and the 6 records are maintained in a current automated medium, and 7 when no hard copy print output is requested. The fees to 8 be charged for management records, multiple case records, 9 and multiple journal records may be specified by the 10 Chief Judge pursuant to the guidelines for access and 11 dissemination of information approved by the Supreme 12 Court. 13 (p) Commitment Petitions. 14 For filing commitment petitions under the Mental 15 Health and Developmental Disabilities Code, $25. 16 (q) Alias Summons. 17 For each alias summons or citation issued by the 18 clerk, $4. 19 (r) Other Fees. 20 Any fees not covered in this Section shall be set by 21 rule or administrative order of the Circuit Court with 22 the approval of the Administrative Office of the Illinois 23 Courts. 24 The clerk of the circuit court may provide 25 additional services for which there is no fee specified 26 by statute in connection with the operation of the 27 clerk's office as may be requested by the public and 28 agreed to by the clerk and approved by the chief judge of 29 the circuit court. Any charges for additional services 30 shall be as agreed to between the clerk and the party 31 making the request and approved by the chief judge of the 32 circuit court. Nothing in this subsection shall be 33 construed to require any clerk to provide any service not 34 otherwise required by law. SB1946 Engrossed -6- LRB9213630RCcs 1 (s) Jury Services. 2 The clerk shall be entitled to receive, in addition 3 to other fees allowed by law, the sum of $192.50, as a 4 fee for the services of a jury in every civil action not 5 quasi-criminal in its nature and not a proceeding for the 6 exercise of the right of eminent domain and in every 7 other action wherein the right of trial by jury is or may 8 be given by law. The jury fee shall be paid by the party 9 demanding a jury at the time of filing the jury demand. 10 If the fee is not paid by either party, no jury shall be 11 called in the action or proceeding, and the same shall be 12 tried by the court without a jury. 13 (t) Voluntary Assignment. 14 For filing each deed of voluntary assignment, $10; 15 for recording the same, 25¢ for each 100 words. 16 Exceptions filed to claims presented to an assignee of a 17 debtor who has made a voluntary assignment for the 18 benefit of creditors shall be considered and treated, for 19 the purpose of taxing costs therein, as actions in which 20 the party or parties filing the exceptions shall be 21 considered as party or parties plaintiff, and the 22 claimant or claimants as party or parties defendant, and 23 those parties respectively shall pay to the clerk the 24 same fees as provided by this Section to be paid in other 25 actions. 26 (u) Expungement Petition. 27 The clerk shall be entitled to receive a fee of $30 28 for each expungement petition filed and an additional fee 29 of $2 for each certified copy of an order to expunge 30 arrest records. 31 (v) Probate. 32 The clerk is entitled to receive the fees specified in 33 this subsection (v), which shall be paid in advance, except 34 that, for good cause shown, the court may suspend, reduce, or SB1946 Engrossed -7- LRB9213630RCcs 1 release the costs payable under this subsection: 2 (1) For administration of the estate of a decedent 3 (whether testate or intestate) or of a missing person, 4 $100, plus the fees specified in subsection (v)(3), 5 except: 6 (A) When the value of the real and personal 7 property does not exceed $15,000, the fee shall be 8 $25. 9 (B) When (i) proof of heirship alone is made, 10 (ii) a domestic or foreign will is admitted to 11 probate without administration (including proof of 12 heirship), or (iii) letters of office are issued for 13 a particular purpose without administration of the 14 estate, the fee shall be $25. 15 (2) For administration of the estate of a ward, 16 $50, plus the fees specified in subsection (v)(3), 17 except: 18 (A) When the value of the real and personal 19 property does not exceed $15,000, the fee shall be 20 $25. 21 (B) When (i) letters of office are issued to a 22 guardian of the person or persons, but not of the 23 estate or (ii) letters of office are issued in the 24 estate of a ward without administration of the 25 estate, including filing or joining in the filing of 26 a tax return or releasing a mortgage or consenting 27 to the marriage of the ward, the fee shall be $10. 28 (3) In addition to the fees payable under 29 subsection (v)(1) or (v)(2) of this Section, the 30 following fees are payable: 31 (A) For each account (other than one final 32 account) filed in the estate of a decedent, or ward, 33 $15. 34 (B) For filing a claim in an estate when the SB1946 Engrossed -8- LRB9213630RCcs 1 amount claimed is $150 or more but less than $500, 2 $10; when the amount claimed is $500 or more but 3 less than $10,000, $25; when the amount claimed is 4 $10,000 or more, $40; provided that the court in 5 allowing a claim may add to the amount allowed the 6 filing fee paid by the claimant. 7 (C) For filing in an estate a claim, petition, 8 or supplemental proceeding based upon an action 9 seeking equitable relief including the construction 10 or contest of a will, enforcement of a contract to 11 make a will, and proceedings involving testamentary 12 trusts or the appointment of testamentary trustees, 13 $40. 14 (D) For filing in an estate (i) the appearance 15 of any person for the purpose of consent or (ii) the 16 appearance of an executor, administrator, 17 administrator to collect, guardian, guardian ad 18 litem, or special administrator, no fee. 19 (E) Except as provided in subsection 20 (v)(3)(D), for filing the appearance of any person 21 or persons, $10. 22 (F) For each jury demand, $102.50. 23 (G) For disposition of the collection of a 24 judgment or settlement of an action or claim for 25 wrongful death of a decedent or of any cause of 26 action of a ward, when there is no other 27 administration of the estate, $30, less any amount 28 paid under subsection (v)(1)(B) or (v)(2)(B) except 29 that if the amount involved does not exceed $5,000, 30 the fee, including any amount paid under subsection 31 (v)(1)(B) or (v)(2)(B), shall be $10. 32 (H) For each certified copy of letters of 33 office, of court order or other certification, $1, 34 plus 50¢ per page in excess of 3 pages for the SB1946 Engrossed -9- LRB9213630RCcs 1 document certified. 2 (I) For each exemplification, $1, plus the fee 3 for certification. 4 (4) The executor, administrator, guardian, 5 petitioner, or other interested person or his or her 6 attorney shall pay the cost of publication by the clerk 7 directly to the newspaper. 8 (5) The person on whose behalf a charge is incurred 9 for witness, court reporter, appraiser, or other 10 miscellaneous fee shall pay the same directly to the 11 person entitled thereto. 12 (6) The executor, administrator, guardian, 13 petitioner, or other interested person or his attorney 14 shall pay to the clerk all postage charges incurred by 15 the clerk in mailing petitions, orders, notices, or other 16 documents pursuant to the provisions of the Probate Act 17 of 1975. 18 (w) Criminal and Quasi-Criminal Costs and Fees. 19 (1) The clerk shall be entitled to costs in all 20 criminal and quasi-criminal cases from each person 21 convicted or sentenced to supervision therein as follows: 22 (A) Felony complaints, $80. 23 (B) Misdemeanor complaints, $50. 24 (C) Business offense complaints, $50. 25 (D) Petty offense complaints, $50. 26 (E) Minor traffic or ordinance violations, 27 $20. 28 (F) When court appearance required, $30. 29 (G) Motions to vacate or amend final orders, 30 $20. 31 (H) Motions to vacate bond forfeiture orders, 32 $20. 33 (I) Motions to vacate ex parte judgments, 34 whenever filed, $20. SB1946 Engrossed -10- LRB9213630RCcs 1 (J) Motions to vacate judgment on forfeitures, 2 whenever filed, $20. 3 (K) Motions to vacate "failure to appear" or 4 "failure to comply" notices sent to the Secretary of 5 State, $20. 6 (2) In counties having a population of more than 7 650,000 but fewer than 3,000,000 inhabitants, when the 8 violation complaint is issued by a municipal police 9 department, the clerk shall be entitled to costs from 10 each person convicted therein as follows: 11 (A) Minor traffic or ordinance violations, 12 $10. 13 (B) When court appearance required, $15. 14 (3) In ordinance violation cases punishable by fine 15 only, the clerk of the circuit court shall be entitled to 16 receive, unless the fee is excused upon a finding by the 17 court that the defendant is indigent, in addition to 18 other fees or costs allowed or imposed by law, the sum of 19 $50 as a fee for the services of a jury. The jury fee 20 shall be paid by the defendant at the time of filing his 21 or her jury demand. If the fee is not so paid by the 22 defendant, no jury shall be called, and the case shall be 23 tried by the court without a jury. 24 (x) Transcripts of Judgment. 25 For the filing of a transcript of judgment, the 26 clerk shall be entitled to the same fee as if it were the 27 commencement of new suit. 28 (y) Change of Venue. 29 (1) For the filing of a change of case on a change 30 of venue, the clerk shall be entitled to the same fee as 31 if it were the commencement of a new suit. 32 (2) The fee for the preparation and certification 33 of a record on a change of venue to another jurisdiction, 34 when original documents are forwarded, $25. SB1946 Engrossed -11- LRB9213630RCcs 1 (z) Tax objection complaints. 2 For each tax objection complaint containing one or 3 more tax objections, regardless of the number of parcels 4 involved or the number of taxpayers joining in the 5 complaint, $25. 6 (aa) Tax Deeds. 7 (1) Petition for tax deed, if only one parcel is 8 involved, $150. 9 (2) For each additional parcel, add a fee of $50. 10 (bb) Collections. 11 (1) For all collections made of others, except the 12 State and county and except in maintenance or child 13 support cases, a sum equal to 2.5% of the amount 14 collected and turned over. 15 (2) Interest earned on any funds held by the clerk 16 shall be turned over to the county general fund as an 17 earning of the office. 18 (3) For any check, draft, or other bank instrument 19 returned to the clerk for non-sufficient funds, account 20 closed, or payment stopped, $25. 21 (4) In child support and maintenance cases, the 22 clerk, if authorized by an ordinance of the county board, 23 may collect an annual fee of up to $36 from the person 24 making payment for maintaining child support records and 25 the processing of support orders to the State of Illinois 26 KIDS system and the recording of payments issued by the 27 State Disbursement Unit for the official record of the 28 Court. This fee shall be in addition to and separate from 29 amounts ordered to be paid as maintenance or child 30 support and shall be deposited into a Separate 31 Maintenance and Child Support Collection Fund, of which 32 the clerk shall be the custodian, ex-officio, to be used 33 by the clerk to maintain child support orders and record 34 all payments issued by the State Disbursement Unit for SB1946 Engrossed -12- LRB9213630RCcs 1 the official record of the Court. The clerk may recover 2 from the person making the maintenance or child support 3 payment any additional cost incurred in the collection of 4 this annual fee. 5 The clerk shall also be entitled to a fee of $5 for 6 certifications made to the Secretary of State as provided 7 in Section 7-703 of the Family Financial Responsibility 8 Law and these fees shall also be deposited into the 9 Separate Maintenance and Child Support Collection Fund. 10 (cc) Corrections of Numbers. 11 For correction of the case number, case title, or 12 attorney computer identification number, if required by 13 rule of court, on any document filed in the clerk's 14 office, to be charged against the party that filed the 15 document, $15. 16 (dd) Exceptions. 17 The fee requirements of this Section shall not apply 18 to police departments or other law enforcement agencies. 19 In this Section, "law enforcement agency" means an agency 20 of the State or a unit of local government which is 21 vested by law or ordinance with the duty to maintain 22 public order and to enforce criminal laws or ordinances. 23 "Law enforcement agency" also means the Attorney General 24 or any state's attorney. The fee requirements of this 25 Section shall not apply to any action instituted under 26 subsection (b) of Section 11-31-1 of the Illinois 27 Municipal Code by a private owner or tenant of real 28 property within 1200 feet of a dangerous or unsafe 29 building seeking an order compelling the owner or owners 30 of the building to take any of the actions authorized 31 under that subsection. 32 (ee) Adoptions. 33 (1) For an adoption.............................$65 34 (2) Upon good cause shown, the court may waive the SB1946 Engrossed -13- LRB9213630RCcs 1 adoption filing fee in a special needs adoption. The 2 term "special needs adoption" shall have the meaning 3 ascribed to it by the Illinois Department of Children and 4 Family Services. 5 (ff) Adoption exemptions. 6 No fee other than that set forth in subsection (ee) 7 shall be charged to any person in connection with an 8 adoption proceeding. 9 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 10 92-16, eff. 6-28-01.) 11 (Text of Section after amendment by P.A. 92-521) 12 Sec. 27.2. The fees of the clerks of the circuit court 13 in all counties having a population in excess of 500,000 14 inhabitants but less than 3,000,000 inhabitants in the 15 instances described in this Section shall be as provided in 16 this Section. In those instances where a minimum and maximum 17 fee is stated, counties with more than 500,000 inhabitants 18 but less than 3,000,000 inhabitants must charge the minimum 19 fee listed in this Section and may charge up to the maximum 20 fee if the county board has by resolution increased the fee. 21 In addition, the minimum fees authorized in this Section 22 shall apply to all units of local government and school 23 districts in counties with more than 3,000,000 inhabitants. 24 The fees shall be paid in advance and shall be as follows: 25 (a) Civil Cases. 26 The fee for filing a complaint, petition, or other 27 pleading initiating a civil action, with the following 28 exceptions, shall be a minimum of $150 and a maximum of 29 $190. 30 (A) When the amount of money or damages or the 31 value of personal property claimed does not exceed 32 $250, a minimum of $10 and a maximum of $15. 33 (B) When that amount exceeds $250 but does not 34 exceed $1,000, a minimum of $20 and a maximum of SB1946 Engrossed -14- LRB9213630RCcs 1 $40. 2 (C) When that amount exceeds $1,000 but does 3 not exceed $2500, a minimum of $30 and a maximum of 4 $50. 5 (D) When that amount exceeds $2500 but does 6 not exceed $5,000, a minimum of $75 and a maximum of 7 $100. 8 (D-5) When the amount exceeds $5,000 but does 9 not exceed $15,000, a minimum of $75 and a maximum 10 of $150. 11 (E) For the exercise of eminent domain, $150. 12 For each additional lot or tract of land or right or 13 interest therein subject to be condemned, the 14 damages in respect to which shall require separate 15 assessment by a jury, $150. 16 (b) Forcible Entry and Detainer. 17 In each forcible entry and detainer case when the 18 plaintiff seeks possession only or unites with his or her 19 claim for possession of the property a claim for rent or 20 damages or both in the amount of $15,000 or less, a 21 minimum of $40 and a maximum of $75. When the plaintiff 22 unites his or her claim for possession with a claim for 23 rent or damages or both exceeding $15,000, a minimum of 24 $150 and a maximum of $225. 25 (c) Counterclaim or Joining Third Party Defendant. 26 When any defendant files a counterclaim as part of 27 his or her answer or otherwise or joins another party as 28 a third party defendant, or both, the defendant shall pay 29 a fee for each counterclaim or third party action in an 30 amount equal to the fee he or she would have had to pay 31 had he or she brought a separate action for the relief 32 sought in the counterclaim or against the third party 33 defendant, less the amount of the appearance fee, if that 34 has been paid. SB1946 Engrossed -15- LRB9213630RCcs 1 (d) Confession of Judgment. 2 In a confession of judgment when the amount does not 3 exceed $1500, a minimum of $50 and a maximum of $60. 4 When the amount exceeds $1500, but does not exceed 5 $5,000, $75. When the amount exceeds $5,000, but does not 6 exceed $15,000, $175. When the amount exceeds $15,000, a 7 minimum of $200 and a maximum of $250. 8 (e) Appearance. 9 The fee for filing an appearance in each civil case 10 shall be a minimum of $50 and a maximum of $75, except as 11 follows: 12 (A) When the plaintiff in a forcible entry and 13 detainer case seeks possession only, a minimum of 14 $20 and a maximum of $40. 15 (B) When the amount in the case does not 16 exceed $1500, a minimum of $20 and a maximum of $40. 17 (C) When the amount in the case exceeds $1500 18 but does not exceed $15,000, a minimum of $40 and a 19 maximum of $60. 20 (f) Garnishment, Wage Deduction, and Citation. 21 In garnishment affidavit, wage deduction affidavit, 22 and citation petition when the amount does not exceed 23 $1,000, a minimum of $10 and a maximum of $15; when the 24 amount exceeds $1,000 but does not exceed $5,000, a 25 minimum of $20 and a maximum of $30; and when the amount 26 exceeds $5,000, a minimum of $30 and a maximum of $50. 27 (g) Petition to Vacate or Modify. 28 (1) Petition to vacate or modify any final judgment 29 or order of court, except in forcible entry and detainer 30 cases and small claims cases or a petition to reopen an 31 estate, to modify, terminate, or enforce a judgment or 32 order for child or spousal support, or to modify, 33 suspend, or terminate an order for withholding, if filed 34 before 30 days after the entry of the judgment or order, SB1946 Engrossed -16- LRB9213630RCcs 1 a minimum of $40 and a maximum of $50. 2 (2) Petition to vacate or modify any final judgment 3 or order of court, except a petition to modify, 4 terminate, or enforce a judgment or order for child or 5 spousal support or to modify, suspend, or terminate an 6 order for withholding, if filed later than 30 days after 7 the entry of the judgment or order, a minimum of $60 and 8 a maximum of $75. 9 (3) Petition to vacate order of bond forfeiture, a 10 minimum of $20 and a maximum of $40. 11 (h) Mailing. 12 When the clerk is required to mail, the fee will be 13 a minimum of $6 and a maximum of $10, plus the cost of 14 postage. 15 (i) Certified Copies. 16 Each certified copy of a judgment after the first, 17 except in small claims and forcible entry and detainer 18 cases, a minimum of $10 and a maximum of $15. 19 (j) Habeas Corpus. 20 For filing a petition for relief by habeas corpus, a 21 minimum of $80 and a maximum of $125. 22 (k) Certification, Authentication, and Reproduction. 23 (1) Each certification or authentication for taking 24 the acknowledgment of a deed or other instrument in 25 writing with the seal of office, a minimum of $4 and a 26 maximum of $6. 27 (2) Court appeals when original documents are 28 forwarded, under 100 pages, plus delivery and costs, a 29 minimum of $50 and a maximum of $75. 30 (3) Court appeals when original documents are 31 forwarded, over 100 pages, plus delivery and costs, a 32 minimum of $120 and a maximum of $150. 33 (4) Court appeals when original documents are 34 forwarded, over 200 pages, an additional fee of a minimum SB1946 Engrossed -17- LRB9213630RCcs 1 of 20 and a maximum of 25 cents per page. 2 (5) For reproduction of any document contained in 3 the clerk's files: 4 (A) First page, $2. 5 (B) Next 19 pages, 50 cents per page. 6 (C) All remaining pages, 25 cents per page. 7 (l) Remands. 8 In any cases remanded to the Circuit Court from the 9 Supreme Court or the Appellate Court for a new trial, the 10 clerk shall file the remanding order and reinstate the 11 case with either its original number or a new number. The 12 Clerk shall not charge any new or additional fee for the 13 reinstatement. Upon reinstatement the Clerk shall advise 14 the parties of the reinstatement. A party shall have the 15 same right to a jury trial on remand and reinstatement as 16 he or she had before the appeal, and no additional or new 17 fee or charge shall be made for a jury trial after 18 remand. 19 (m) Record Search. 20 For each record search, within a division or 21 municipal district, the clerk shall be entitled to a 22 search fee of a minimum of $4 and a maximum of $6 for 23 each year searched. 24 (n) Hard Copy. 25 For each page of hard copy print output, when case 26 records are maintained on an automated medium, the clerk 27 shall be entitled to a fee of a minimum of $1$4and a 28 maximum of $6. 29 (o) Index Inquiry and Other Records. 30 No fee shall be charged for a single 31 plaintiff/defendant index inquiry or single case record 32 inquiry when this request is made in person and the 33 records are maintained in a current automated medium, and 34 when no hard copy print output is requested. The fees to SB1946 Engrossed -18- LRB9213630RCcs 1 be charged for management records, multiple case records, 2 and multiple journal records may be specified by the 3 Chief Judge pursuant to the guidelines for access and 4 dissemination of information approved by the Supreme 5 Court. 6 (p) Commitment Petitions. 7 For filing commitment petitions under the Mental 8 Health and Developmental Disabilities Code, a minimum of 9 $25 and a maximum of $50. 10 (q) Alias Summons. 11 For each alias summons or citation issued by the 12 clerk, a minimum of $4 and a maximum of $5. 13 (r) Other Fees. 14 Any fees not covered in this Section shall be set by 15 rule or administrative order of the Circuit Court with 16 the approval of the Administrative Office of the Illinois 17 Courts. 18 The clerk of the circuit court may provide 19 additional services for which there is no fee specified 20 by statute in connection with the operation of the 21 clerk's office as may be requested by the public and 22 agreed to by the clerk and approved by the chief judge of 23 the circuit court. Any charges for additional services 24 shall be as agreed to between the clerk and the party 25 making the request and approved by the chief judge of the 26 circuit court. Nothing in this subsection shall be 27 construed to require any clerk to provide any service not 28 otherwise required by law. 29 (s) Jury Services. 30 The clerk shall be entitled to receive, in addition 31 to other fees allowed by law, the sum of a minimum of 32 $192.50 and a maximum of $212.50, as a fee for the 33 services of a jury in every civil action not 34 quasi-criminal in its nature and not a proceeding for the SB1946 Engrossed -19- LRB9213630RCcs 1 exercise of the right of eminent domain and in every 2 other action wherein the right of trial by jury is or may 3 be given by law. The jury fee shall be paid by the party 4 demanding a jury at the time of filing the jury demand. 5 If the fee is not paid by either party, no jury shall be 6 called in the action or proceeding, and the same shall be 7 tried by the court without a jury. 8 (t) Voluntary Assignment. 9 For filing each deed of voluntary assignment, a 10 minimum of $10 and a maximum of $20; for recording the 11 same, a minimum of 25¢ and a maximum of 50¢ for each 100 12 words. Exceptions filed to claims presented to an 13 assignee of a debtor who has made a voluntary assignment 14 for the benefit of creditors shall be considered and 15 treated, for the purpose of taxing costs therein, as 16 actions in which the party or parties filing the 17 exceptions shall be considered as party or parties 18 plaintiff, and the claimant or claimants as party or 19 parties defendant, and those parties respectively shall 20 pay to the clerk the same fees as provided by this 21 Section to be paid in other actions. 22 (u) Expungement Petition. 23 The clerk shall be entitled to receive a fee of a 24 minimum of $30 and a maximum of $60 for each expungement 25 petition filed and an additional fee of a minimum of $2 26 and a maximum of $4 for each certified copy of an order 27 to expunge arrest records. 28 (v) Probate. 29 The clerk is entitled to receive the fees specified 30 in this subsection (v), which shall be paid in advance, 31 except that, for good cause shown, the court may suspend, 32 reduce, or release the costs payable under this 33 subsection: 34 (1) For administration of the estate of a decedent SB1946 Engrossed -20- LRB9213630RCcs 1 (whether testate or intestate) or of a missing person, a 2 minimum of $100 and a maximum of $150, plus the fees 3 specified in subsection (v)(3), except: 4 (A) When the value of the real and personal 5 property does not exceed $15,000, the fee shall be a 6 minimum of $25 and a maximum of $40. 7 (B) When (i) proof of heirship alone is made, 8 (ii) a domestic or foreign will is admitted to 9 probate without administration (including proof of 10 heirship), or (iii) letters of office are issued for 11 a particular purpose without administration of the 12 estate, the fee shall be a minimum of $25 and a 13 maximum of $40. 14 (2) For administration of the estate of a ward, a 15 minimum of $50 and a maximum of $75, plus the fees 16 specified in subsection (v)(3), except: 17 (A) When the value of the real and personal 18 property does not exceed $15,000, the fee shall be a 19 minimum of $25 and a maximum of $40. 20 (B) When (i) letters of office are issued to a 21 guardian of the person or persons, but not of the 22 estate or (ii) letters of office are issued in the 23 estate of a ward without administration of the 24 estate, including filing or joining in the filing of 25 a tax return or releasing a mortgage or consenting 26 to the marriage of the ward, the fee shall be a 27 minimum of $10 and a maximum of $20. 28 (3) In addition to the fees payable under 29 subsection (v)(1) or (v)(2) of this Section, the 30 following fees are payable: 31 (A) For each account (other than one final 32 account) filed in the estate of a decedent, or ward, 33 a minimum of $15 and a maximum of $25. 34 (B) For filing a claim in an estate when the SB1946 Engrossed -21- LRB9213630RCcs 1 amount claimed is $150 or more but less than $500, a 2 minimum of $10 and a maximum of $20; when the amount 3 claimed is $500 or more but less than $10,000, a 4 minimum of $25 and a maximum of $40; when the amount 5 claimed is $10,000 or more, a minimum of $40 and a 6 maximum of $60; provided that the court in allowing 7 a claim may add to the amount allowed the filing fee 8 paid by the claimant. 9 (C) For filing in an estate a claim, petition, 10 or supplemental proceeding based upon an action 11 seeking equitable relief including the construction 12 or contest of a will, enforcement of a contract to 13 make a will, and proceedings involving testamentary 14 trusts or the appointment of testamentary trustees, 15 a minimum of $40 and a maximum of $60. 16 (D) For filing in an estate (i) the appearance 17 of any person for the purpose of consent or (ii) the 18 appearance of an executor, administrator, 19 administrator to collect, guardian, guardian ad 20 litem, or special administrator, no fee. 21 (E) Except as provided in subsection 22 (v)(3)(D), for filing the appearance of any person 23 or persons, a minimum of $10 and a maximum of $30. 24 (F) For each jury demand, a minimum of $102.50 25 and a maximum of $137.50. 26 (G) For disposition of the collection of a 27 judgment or settlement of an action or claim for 28 wrongful death of a decedent or of any cause of 29 action of a ward, when there is no other 30 administration of the estate, a minimum of $30 and a 31 maximum of $50, less any amount paid under 32 subsection (v)(1)(B) or (v)(2)(B) except that if the 33 amount involved does not exceed $5,000, the fee, 34 including any amount paid under subsection (v)(1)(B) SB1946 Engrossed -22- LRB9213630RCcs 1 or (v)(2)(B), shall be a minimum of $10 and a 2 maximum of $20. 3 (H) For each certified copy of letters of 4 office, of court order or other certification, a 5 minimum of $1 and a maximum of $2, plus a minimum of 6 50¢ and a maximum of $1 per page in excess of 3 7 pages for the document certified. 8 (I) For each exemplification, a minimum of $1 9 and a maximum of $2, plus the fee for certification. 10 (4) The executor, administrator, guardian, 11 petitioner, or other interested person or his or her 12 attorney shall pay the cost of publication by the clerk 13 directly to the newspaper. 14 (5) The person on whose behalf a charge is incurred 15 for witness, court reporter, appraiser, or other 16 miscellaneous fee shall pay the same directly to the 17 person entitled thereto. 18 (6) The executor, administrator, guardian, 19 petitioner, or other interested person or his attorney 20 shall pay to the clerk all postage charges incurred by 21 the clerk in mailing petitions, orders, notices, or other 22 documents pursuant to the provisions of the Probate Act 23 of 1975. 24 (w) Criminal and Quasi-Criminal Costs and Fees. 25 (1) The clerk shall be entitled to costs in all 26 criminal and quasi-criminal cases from each person 27 convicted or sentenced to supervision therein as follows: 28 (A) Felony complaints, a minimum of $80 and a 29 maximum of $125. 30 (B) Misdemeanor complaints, a minimum of $50 31 and a maximum of $75. 32 (C) Business offense complaints, a minimum of 33 $50 and a maximum of $75. 34 (D) Petty offense complaints, a minimum of $50 SB1946 Engrossed -23- LRB9213630RCcs 1 and a maximum of $75. 2 (E) Minor traffic or ordinance violations, 3 $20. 4 (F) When court appearance required, $30. 5 (G) Motions to vacate or amend final orders, a 6 minimum of $20 and a maximum of $40. 7 (H) Motions to vacate bond forfeiture orders, 8 a minimum of $20 and a maximum of $30. 9 (I) Motions to vacate ex parte judgments, 10 whenever filed, a minimum of $20 and a maximum of 11 $30. 12 (J) Motions to vacate judgment on forfeitures, 13 whenever filed, a minimum of $20 and a maximum of 14 $25. 15 (K) Motions to vacate "failure to appear" or 16 "failure to comply" notices sent to the Secretary of 17 State, a minimum of $20 and a maximum of $40. 18 (2) In counties having a population of more than 19 500,000 but fewer than 3,000,000 inhabitants, when the 20 violation complaint is issued by a municipal police 21 department, the clerk shall be entitled to costs from 22 each person convicted therein as follows: 23 (A) Minor traffic or ordinance violations, 24 $10. 25 (B) When court appearance required, $15. 26 (3) In ordinance violation cases punishable by fine 27 only, the clerk of the circuit court shall be entitled to 28 receive, unless the fee is excused upon a finding by the 29 court that the defendant is indigent, in addition to 30 other fees or costs allowed or imposed by law, the sum of 31 a minimum of $50 and a maximum of $112.50 as a fee for 32 the services of a jury. The jury fee shall be paid by 33 the defendant at the time of filing his or her jury 34 demand. If the fee is not so paid by the defendant, no SB1946 Engrossed -24- LRB9213630RCcs 1 jury shall be called, and the case shall be tried by the 2 court without a jury. 3 (x) Transcripts of Judgment. 4 For the filing of a transcript of judgment, the 5 clerk shall be entitled to the same fee as if it were the 6 commencement of new suit. 7 (y) Change of Venue. 8 (1) For the filing of a change of case on a change 9 of venue, the clerk shall be entitled to the same fee as 10 if it were the commencement of a new suit. 11 (2) The fee for the preparation and certification 12 of a record on a change of venue to another jurisdiction, 13 when original documents are forwarded, a minimum of $25 14 and a maximum of $40. 15 (z) Tax objection complaints. 16 For each tax objection complaint containing one or 17 more tax objections, regardless of the number of parcels 18 involved or the number of taxpayers joining in the 19 complaint, a minimum of $25 and a maximum of $50. 20 (aa) Tax Deeds. 21 (1) Petition for tax deed, if only one parcel is 22 involved, a minimum of $150 and a maximum of $250. 23 (2) For each additional parcel, add a fee of a 24 minimum of $50 and a maximum of $100. 25 (bb) Collections. 26 (1) For all collections made of others, except the 27 State and county and except in maintenance or child 28 support cases, a sum equal to a minimum of 2.5% and a 29 maximum of 3.0% of the amount collected and turned over. 30 (2) Interest earned on any funds held by the clerk 31 shall be turned over to the county general fund as an 32 earning of the office. 33 (3) For any check, draft, or other bank instrument 34 returned to the clerk for non-sufficient funds, account SB1946 Engrossed -25- LRB9213630RCcs 1 closed, or payment stopped, $25. 2 (4) In child support and maintenance cases, the 3 clerk, if authorized by an ordinance of the county board, 4 may collect an annual fee of up to $36 from the person 5 making payment for maintaining child support records and 6 the processing of support orders to the State of Illinois 7 KIDS system and the recording of payments issued by the 8 State Disbursement Unit for the official record of the 9 Court. This fee shall be in addition to and separate from 10 amounts ordered to be paid as maintenance or child 11 support and shall be deposited into a Separate 12 Maintenance and Child Support Collection Fund, of which 13 the clerk shall be the custodian, ex-officio, to be used 14 by the clerk to maintain child support orders and record 15 all payments issued by the State Disbursement Unit for 16 the official record of the Court. The clerk may recover 17 from the person making the maintenance or child support 18 payment any additional cost incurred in the collection of 19 this annual fee. 20 The clerk shall also be entitled to a fee of $5 for 21 certifications made to the Secretary of State as provided 22 in Section 7-703 of the Family Financial Responsibility 23 Law and these fees shall also be deposited into the 24 Separate Maintenance and Child Support Collection Fund. 25 (cc) Corrections of Numbers. 26 For correction of the case number, case title, or 27 attorney computer identification number, if required by 28 rule of court, on any document filed in the clerk's 29 office, to be charged against the party that filed the 30 document, a minimum of $15 and a maximum of $25. 31 (dd) Exceptions. 32 The fee requirements of this Section shall not apply 33 to police departments or other law enforcement agencies. 34 In this Section, "law enforcement agency" means an agency SB1946 Engrossed -26- LRB9213630RCcs 1 of the State or a unit of local government which is 2 vested by law or ordinance with the duty to maintain 3 public order and to enforce criminal laws or ordinances. 4 "Law enforcement agency" also means the Attorney General 5 or any state's attorney. The fee requirements of this 6 Section shall not apply to any action instituted under 7 subsection (b) of Section 11-31-1 of the Illinois 8 Municipal Code by a private owner or tenant of real 9 property within 1200 feet of a dangerous or unsafe 10 building seeking an order compelling the owner or owners 11 of the building to take any of the actions authorized 12 under that subsection. 13 (ee) Adoptions. 14 (1) For an adoption.............................$65 15 (2) Upon good cause shown, the court may waive the 16 adoption filing fee in a special needs adoption. The 17 term "special needs adoption" shall have the meaning 18 ascribed to it by the Illinois Department of Children and 19 Family Services. 20 (ff) Adoption exemptions. 21 No fee other than that set forth in subsection (ee) 22 shall be charged to any person in connection with an 23 adoption proceeding. 24 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 25 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.) 26 Section 95. No acceleration or delay. Where this Act 27 makes changes in a statute that is represented in this Act by 28 text that is not yet or no longer in effect (for example, a 29 Section represented by multiple versions), the use of that 30 text does not accelerate or delay the taking effect of (i) 31 the changes made by this Act or (ii) provisions derived from 32 any other Public Act.