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093_HB2319eng
HB2319 Engrossed LRB093 07850 DRJ 08039 b
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 Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
7 Sec. 27.1. The fees of the Clerk of the Circuit Court in
8 all counties having a population of 180,000 inhabitants or
9 less shall be paid in advance, except as otherwise provided,
10 and shall be as follows:
11 (a) Civil Cases.
12 (1) All civil cases except as otherwise
13 provided........................................... $40
14 (2) Judicial Sales (except Probate).......... $40
15 (b) Family.
16 (1) Commitment petitions under the Mental
17 Health and Developmental Disabilities Code, Filing
18 transcript of commitment proceedings under the
19 Mental Health and Developmental Disabilities Code
20 held in another county, and cases under the
21 Juvenile Court Act of 1987......................... $25
22 (2) Petition for Marriage Licenses........... $10
23 (3) Marriages in Court....................... $10
24 (4) Paternity................................ $40
25 (c) Criminal and Quasi-Criminal.
26 (1) Each person convicted of a felony........ $40
27 (2) Each person convicted of a misdemeanor,
28 leaving scene of an accident, driving while
29 intoxicated, reckless driving or drag racing,
30 driving when license revoked or suspended,
31 overweight, or no interstate commerce certificate,
HB2319 Engrossed -2- LRB093 07850 DRJ 08039 b
1 or when the disposition is court supervision....... $25
2 (3) Each person convicted of a business
3 offense............................................ $25
4 (4) Each person convicted of a petty offense. $25
5 (5) Minor traffic, conservation, or
6 ordinance violation, including without limitation
7 when the disposition is court supervision:
8 (i) For each offense.................... $10
9 (ii) For each notice sent to the
10 defendant's last known address pursuant to
11 subsection (c) of Section 6-306.4 of the Illinois
12 Vehicle Code....................................... $2
13 (iii) For each notice sent to the
14 Secretary of State pursuant to subsection (c) of
15 Section 6-306.4 of the Illinois Vehicle Code....... $2
16 (6) When Court Appearance required........... $15
17 (7) Motions to vacate or amend final orders.. $10
18 (8) In ordinance violation cases punishable
19 by fine only, the clerk of the circuit court shall
20 be entitled to receive, unless the fee is excused
21 upon a finding by the court that the defendant is
22 indigent, in addition to other fees or costs
23 allowed or imposed by law, the sum of $62.50 as a
24 fee for the services of a jury. The jury fee shall
25 be paid by the defendant at the time of filing his
26 or her jury demand. If the fee is not so paid by
27 the defendant, no jury shall be called, and the
28 case shall be tried by the court without a jury.
29 (d) Other Civil Cases.
30 (1) Money or personal property claimed does
31 not exceed $500.................................... $10
32 (2) Exceeds $500 but not more than $10,000... $25
33 (3) Exceeds $10,000, when relief in addition
34 to or supplemental to recovery of money alone is
HB2319 Engrossed -3- LRB093 07850 DRJ 08039 b
1 sought in an action to recover personal property
2 taxes or retailers occupational tax regardless of
3 amount claimed..................................... $45
4 (4) The Clerk of the Circuit Court shall be
5 entitled to receive, in addition to other fees
6 allowed by law, the sum of $62.50, as a fee for the
7 services of a jury in every civil action not
8 quasi-criminal in its nature and not a proceeding
9 for the exercise of the right of eminent domain,
10 and in every equitable action wherein the right of
11 trial by jury is or may be given by law. The jury
12 fee shall be paid by the party demanding a jury at
13 the time of filing his jury demand. If such a fee
14 is not paid by either party, no jury shall be
15 called in the action, suit, or proceeding, and the
16 same shall be tried by the court without a jury.
17 (e) Confession of judgment and answer.
18 (1) When the amount does not exceed $1,000... $20
19 (2) Exceeds $1,000........................... $40
20 (f) Auxiliary Proceedings.
21 Any auxiliary proceeding relating to the
22 collection of a money judgment, including
23 garnishment, citation, or wage deduction action.... $5
24 (g) Forcible entry and detainer.
25 (1) For possession only or possession and
26 rent not in excess of $10,000...................... $10
27 (2) For possession and rent in excess of
28 $10,000............................................ $40
29 (h) Eminent Domain.
30 (1) Exercise of Eminent Domain............... $45
31 (2) For each and every lot or tract of land
32 or right or interest therein subject to be
33 condemned, the damages in respect to which shall
34 require separate assessments by a jury............. $45
HB2319 Engrossed -4- LRB093 07850 DRJ 08039 b
1 (i) Reinstatement.
2 Each case including petition for modification
3 of a judgment or order of Court if filed later than
4 30 days after the entry of a judgment or order,
5 except in forcible entry and detainer cases and
6 small claims and except a petition to modify,
7 terminate, or enforce a judgement or order for
8 child or spousal support or to modify, suspend, or
9 terminate an order for withholding, petition to
10 vacate judgment of dismissal for want of
11 prosecution whenever filed, petition to reopen an
12 estate, or redocketing of any cause................ $20
13 (j) Probate.
14 (1) Administration of decedent's estates,
15 whether testate or intestate, guardianships of the
16 person or estate or both of a person under legal
17 disability, guardianships of the person or estate
18 or both of a minor or minors, or petitions to sell
19 real estate in the administration of any estate.... $50
20 (2) Small estates in cases where the real and
21 personal property of an estate does not exceed
22 $5,000............................................. $25
23 (3) At any time during the administration of
24 the estate, however, at the request of the Clerk,
25 the Court shall examine the record of the estate
26 and the personal representative to determine the
27 total value of the real and personal property of
28 the estate, and if such value exceeds $5,000 shall
29 order the payment of an additional fee in the
30 amount of.......................................... $40
31 (4) Inheritance tax proceedings.............. $15
32 (5) Issuing letters only for a certain
33 specific reason other than the administration of an
34 estate, including but not limited to the release of
HB2319 Engrossed -5- LRB093 07850 DRJ 08039 b
1 mortgage; the issue of letters of guardianship in
2 order that consent to marriage may be granted or
3 for some other specific reason other than for the
4 care of property or person; proof of heirship
5 without administration; or when a will is to be
6 admitted to probate, but the estate is to be
7 settled without administration..................... $10
8 (6) When a separate complaint relating to any
9 matter other than a routine claim is filed in an
10 estate, the required additional fee shall be
11 charged for such filing............................ $45
12 (k) Change of Venue.
13 From a court, the charge is the same amount as
14 the original filing fee; however, the fee for
15 preparation and certification of record on change
16 of venue, when original documents or copies are
17 forwarded.......................................... $10
18 (l) Answer, adverse pleading, or appearance.
19 In civil cases................................ $15
20 With the following exceptions:
21 (1) When the amount does not exceed $500..... $5
22 (2) When amount exceeds $500 but not $10,000. $10
23 (3) When amount exceeds $10,000.............. $15
24 (4) Court appeals when documents are
25 forwarded, over 200 pages, additional fee per page
26 over 200........................................... 10¢
27 (m) Tax objection complaints.
28 For each tax objection complaint containing
29 one or more tax objections, regardless of the
30 number of parcels involved or the number of
31 taxpayers joining the complaint.................... $10
32 (n) Tax deed.
33 (1) Petition for tax deed, if only one parcel
34 is involved........................................ $45
HB2319 Engrossed -6- LRB093 07850 DRJ 08039 b
1 (2) For each additional parcel involved, an
2 additional fee of.................................. $10
3 (o) Mailing Notices and Processes.
4 (1) All notices that the clerk is required to
5 mail as first class mail........................... $2
6 (2) For all processes or notices the Clerk is
7 required to mail by certified or registered mail,
8 the fee will be $2 plus cost of postage.
9 (p) Certification or Authentication.
10 (1) Each certification or authentication for
11 taking the acknowledgement of a deed or other
12 instrument in writing with seal of office.......... $2
13 (2) Court appeals when original documents are
14 forwarded, 100 pages or under, plus delivery costs. $25
15 (3) Court appeals when original documents are
16 forwarded, over 100 pages, plus delivery costs..... $60
17 (4) Court appeals when original documents are
18 forwarded, over 200 pages, additional fee per page
19 over 200........................................... 10¢
20 (q) Reproductions.
21 Each record of proceedings and judgment,
22 whether on appeal, change of venue, certified
23 copies of orders and judgments, and all other
24 instruments, documents, records, or papers:
25 (1) First page.......................... $1
26 (2) Next 19 pages, per page............. 50¢
27 (3) All remaining pages, per page....... 25¢
28 (r) Counterclaim.
29 When any defendant files a counterclaim as
30 part of his or her answer or otherwise, or joins
31 another party as a third party defendant, or both,
32 he or she shall pay a fee for each such
33 counterclaim or third party action in an amount
34 equal to the fee he or she would have had to pay
HB2319 Engrossed -7- LRB093 07850 DRJ 08039 b
1 had he or she brought a separate action for the
2 relief sought in the counterclaim or against the
3 third party defendant, less the amount of the
4 appearance fee, if that has been paid.
5 (s) Transcript of Judgment.
6 From a court, the same fee as if case
7 originally filed.
8 (t) Publications.
9 The cost of publication shall be paid directly
10 to the publisher by the person seeking the
11 publication, whether the clerk is required by law
12 to publish, or the parties to the action.
13 (u) Collections.
14 (1) For all collections made for others,
15 except the State and County and except in
16 maintenance or child support cases, a sum equal to
17 2% of the amount collected and turned over.
18 (2) In any cases remanded to the Circuit
19 Court from the Supreme Court or the Appellate
20 Court, the Clerk shall file the remanding order and
21 reinstate the case with either its original number
22 or a new number. The Clerk shall not charge any
23 new or additional fee for the reinstatement. Upon
24 reinstatement the Clerk shall advise the parties of
25 the reinstatement. A party shall have the same
26 right to a jury trial on remand and reinstatement
27 as he or she had before the appeal, and no
28 additional or new fee or charge shall be made for a
29 jury trial after remand.
30 (3) In maintenance and child support matters,
31 the Clerk may deduct from each payment an amount
32 equal to the United States postage to be used in
33 mailing the maintenance or child support check to
34 the recipient. In such cases, the Clerk shall
HB2319 Engrossed -8- LRB093 07850 DRJ 08039 b
1 collect an annual fee of up to $36 from the person
2 making such payment for maintaining child support
3 records and the processing of support orders to the
4 State of Illinois KIDS system and the recording of
5 payments issued by the State Disbursement Unit for
6 the official record of the Court. Such sum shall be
7 in addition to and separate from amounts ordered to
8 be paid as maintenance or child support and shall
9 be deposited in a separate Maintenance and Child
10 Support Collection Fund of which the Clerk shall be
11 the custodian, ex officio, to be used by the Clerk
12 to maintain child support orders and record all
13 payments issued by the State Disbursement Unit for
14 the official record of the Court. Unless paid in
15 cash or pursuant to an order for withholding, the
16 payment of the fee shall be by a separate
17 instrument from the support payment and shall be
18 made to the order of the Clerk. The Clerk may
19 recover from the person making the maintenance or
20 child support payment any additional cost incurred
21 in the collection of this annual fee.
22 (4) Interest earned on any funds held by the
23 clerk shall be turned over to the county general
24 fund as an earning of the office.
25 The Clerk shall also be entitled to a fee of
26 $5 for certifications made to the Secretary of
27 State as provided in Section 7-703 of the Family
28 Financial Responsibility Law and these fees shall
29 also be deposited into the Separate Maintenance and
30 Child Support Collection Fund.
31 (v) Correction of Cases.
32 For correcting the case number or case title
33 on any document filed in his office, to be charged
34 against the party that filed the document.......... $10
HB2319 Engrossed -9- LRB093 07850 DRJ 08039 b
1 (w) Record Search.
2 For searching a record, per year searched..... $4
3 (x) Printed Output.
4 For each page of hard copy print output, when
5 case records are maintained on an automated medium. $2
6 (y) Alias Summons.
7 For each alias summons issued................. $2
8 (z) Expungement of Records.
9 For each expungement petition filed........... $15
10 (aa) Other Fees.
11 Any fees not covered by this Section shall be set by
12 rule or administrative order of the Circuit Court, with
13 the approval of the Supreme Court.
14 (bb) Exemptions.
15 No fee provided for herein shall be charged to any
16 unit of State or local government or school district
17 unless the Court orders another party to pay such fee on
18 its behalf. The fee requirements of this Section shall
19 not apply to police departments or other law enforcement
20 agencies. In this Section, "law enforcement agency" means
21 an agency of the State or a unit of local government that
22 is vested by law or ordinance with the duty to maintain
23 public order and to enforce criminal laws and ordinances.
24 The fee requirements of this Section shall not apply to
25 any action instituted under subsection (b) of Section
26 11-31-1 of the Illinois Municipal Code by a private owner
27 or tenant of real property within 1200 feet of a
28 dangerous or unsafe building seeking an order compelling
29 the owner or owners of the building to take any of the
30 actions authorized under that subsection.
31 No fee provided for in this Section shall be charged
32 in connection with the filing of any commitment petition
33 or petition for an order authorizing the administration
34 of authorized involuntary treatment in the form of
HB2319 Engrossed -10- LRB093 07850 DRJ 08039 b
1 medication under the Mental Health and Developmental
2 Disabilities Code.
3 (cc) Adoptions.
4 (1) For an adoption.............................$65
5 (2) Upon good cause shown, the court may waive the
6 adoption filing fee in a special needs adoption. The
7 term "special needs adoption" shall have the meaning
8 ascribed to it by the Illinois Department of Children and
9 Family Services.
10 (dd) Adoption exemptions.
11 No fee other than that set forth in subsection (cc)
12 shall be charged to any person in connection with an
13 adoption proceeding.
14 (ee) Additional Services.
15 Beginning July 1, 1993, the clerk of the circuit
16 court may provide such additional services for which
17 there is no fee specified by statute in connection with
18 the operation of the clerk's office as may be requested
19 by the public and agreed to by the public and by the
20 clerk and approved by the chief judge of the circuit
21 court. Any charges for additional services shall be as
22 agreed to between the clerk and the party making the
23 request and approved by the chief judge of the circuit
24 court. Nothing in this subsection shall be construed to
25 require any clerk to provide any service not otherwise
26 required by law.
27 (ff) Returned checks.
28 For each check delivered to the clerk that is not
29 honored on 2 occasions by the financial institution upon
30 which it is drawn because of insufficient funds in the
31 account, because the account is closed, because there is
32 no account, or because a stop payment has been placed on
33 the check, in addition to the amount already owed....$25.
34 (Source: P.A. 91-165, eff. 7-16-99; 91-321, eff. 1-1-00;
HB2319 Engrossed -11- LRB093 07850 DRJ 08039 b
1 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; 92-16, eff.
2 6-28-01; 92-114, eff. 1-1-02.)
3 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
4 Sec. 27.1a. The fees of the clerks of the circuit court
5 in all counties having a population in excess of 180,000 but
6 not more than 500,000 inhabitants in the instances described
7 in this Section shall be as provided in this Section. The
8 fees shall be paid in advance and shall be as follows:
9 (a) Civil Cases.
10 The fee for filing a complaint, petition, or other
11 pleading initiating a civil action, with the following
12 exceptions, shall be $150.
13 (A) When the amount of money or damages or the
14 value of personal property claimed does not exceed
15 $250, $10.
16 (B) When that amount exceeds $250 but does not
17 exceed $500, $20.
18 (C) When that amount exceeds $500 but does not
19 exceed $2500, $30.
20 (D) When that amount exceeds $2500 but does
21 not exceed $15,000, $75.
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 (a-1) Family.
28 For filing a petition under the Juvenile Court Act
29 of 1987, $25.
30 For filing a petition for a marriage license, $10.
31 For performing a marriage in court, $10.
32 For filing a petition under the Illinois Parentage
33 Act of 1984, $40.
HB2319 Engrossed -12- LRB093 07850 DRJ 08039 b
1 (b) Forcible Entry and Detainer.
2 In each forcible entry and detainer case when the
3 plaintiff seeks possession only or unites with his or her
4 claim for possession of the property a claim for rent or
5 damages or both in the amount of $15,000 or less, $40.
6 When the plaintiff unites his or her claim for possession
7 with a claim for rent or damages or both exceeding
8 $15,000, $150.
9 (c) Counterclaim or Joining Third Party Defendant.
10 When any defendant files a counterclaim as part of
11 his or her answer or otherwise or joins another party as
12 a third party defendant, or both, the defendant shall pay
13 a fee for each counterclaim or third party action in an
14 amount equal to the fee he or she would have had to pay
15 had he or she brought a separate action for the relief
16 sought in the counterclaim or against the third party
17 defendant, less the amount of the appearance fee, if that
18 has been paid.
19 (d) Confession of Judgment.
20 In a confession of judgment when the amount does not
21 exceed $1500, $50. When the amount exceeds $1500, but
22 does not exceed $15,000, $115. When the amount exceeds
23 $15,000, $200.
24 (e) Appearance.
25 The fee for filing an appearance in each civil case
26 shall be $50, except as follows:
27 (A) When the plaintiff in a forcible entry and
28 detainer case seeks possession only, $20.
29 (B) When the amount in the case does not
30 exceed $1500, $20.
31 (C) When that amount exceeds $1500 but does
32 not exceed $15,000, $40.
33 (f) Garnishment, Wage Deduction, and Citation.
34 In garnishment affidavit, wage deduction affidavit,
HB2319 Engrossed -13- LRB093 07850 DRJ 08039 b
1 and citation petition when the amount does not exceed
2 $1,000, $10; when the amount exceeds $1,000 but does not
3 exceed $5,000, $20; and when the amount exceeds $5,000,
4 $30.
5 (g) Petition to Vacate or Modify.
6 (1) Petition to vacate or modify any final judgment
7 or order of court, except in forcible entry and detainer
8 cases and small claims cases or a petition to reopen an
9 estate, to modify, terminate, or enforce a judgment or
10 order for child or spousal support, or to modify,
11 suspend, or terminate an order for withholding, if filed
12 before 30 days after the entry of the judgment or order,
13 $40.
14 (2) Petition to vacate or modify any final judgment
15 or order of court, except a petition to modify,
16 terminate, or enforce a judgment or order for child or
17 spousal support or to modify, suspend, or terminate an
18 order for withholding, if filed later than 30 days after
19 the entry of the judgment or order, $60.
20 (3) Petition to vacate order of bond forfeiture,
21 $20.
22 (h) Mailing.
23 When the clerk is required to mail, the fee will be
24 $6, plus the cost of postage.
25 (i) Certified Copies.
26 Each certified copy of a judgment after the first,
27 except in small claims and forcible entry and detainer
28 cases, $10.
29 (j) Habeas Corpus.
30 For filing a petition for relief by habeas corpus,
31 $80.
32 (k) Certification, Authentication, and Reproduction.
33 (1) Each certification or authentication for taking
34 the acknowledgment of a deed or other instrument in
HB2319 Engrossed -14- LRB093 07850 DRJ 08039 b
1 writing with the seal of office, $4.
2 (2) Court appeals when original documents are
3 forwarded, under 100 pages, plus delivery and costs, $50.
4 (3) Court appeals when original documents are
5 forwarded, over 100 pages, plus delivery and costs, $120.
6 (4) Court appeals when original documents are
7 forwarded, over 200 pages, an additional fee of 20 cents
8 per page.
9 (5) For reproduction of any document contained in
10 the clerk's files:
11 (A) First page, $2.
12 (B) Next 19 pages, 50 cents per page.
13 (C) All remaining pages, 25 cents per page.
14 (l) Remands.
15 In any cases remanded to the Circuit Court from the
16 Supreme Court or the Appellate Court for a new trial, the
17 clerk shall file the remanding order and reinstate the
18 case with either its original number or a new number. The
19 Clerk shall not charge any new or additional fee for the
20 reinstatement. Upon reinstatement the Clerk shall advise
21 the parties of the reinstatement. A party shall have the
22 same right to a jury trial on remand and reinstatement as
23 he or she had before the appeal, and no additional or new
24 fee or charge shall be made for a jury trial after
25 remand.
26 (m) Record Search.
27 For each record search, within a division or
28 municipal district, the clerk shall be entitled to a
29 search fee of $4 for each year searched.
30 (n) Hard Copy.
31 For each page of hard copy print output, when case
32 records are maintained on an automated medium, the clerk
33 shall be entitled to a fee of $4.
34 (o) Index Inquiry and Other Records.
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1 No fee shall be charged for a single
2 plaintiff/defendant index inquiry or single case record
3 inquiry when this request is made in person and the
4 records are maintained in a current automated medium, and
5 when no hard copy print output is requested. The fees to
6 be charged for management records, multiple case records,
7 and multiple journal records may be specified by the
8 Chief Judge pursuant to the guidelines for access and
9 dissemination of information approved by the Supreme
10 Court.
11 (p) (Blank).Commitment Petitions.
12 For filing commitment petitions under the Mental
13 Health and Developmental Disabilities Code and for filing
14 a transcript of commitment proceedings held in another
15 county, $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.
HB2319 Engrossed -16- LRB093 07850 DRJ 08039 b
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
33 in this subsection (v), which shall be paid in advance,
34 except that, for good cause shown, the court may suspend,
HB2319 Engrossed -17- LRB093 07850 DRJ 08039 b
1 reduce, or release the costs payable under this
2 subsection:
3 (1) For administration of the estate of a decedent
4 (whether testate or intestate) or of a missing person,
5 $100, plus the fees specified in subsection (v)(3),
6 except:
7 (A) When the value of the real and personal
8 property does not exceed $15,000, the fee shall be
9 $25.
10 (B) When (i) proof of heirship alone is made,
11 (ii) a domestic or foreign will is admitted to
12 probate without administration (including proof of
13 heirship), or (iii) letters of office are issued for
14 a particular purpose without administration of the
15 estate, the fee shall be $25.
16 (2) For administration of the estate of a ward,
17 $50, plus the fees specified in subsection (v)(3),
18 except:
19 (A) When the value of the real and personal
20 property does not exceed $15,000, the fee shall be
21 $25.
22 (B) When (i) letters of office are issued to a
23 guardian of the person or persons, but not of the
24 estate or (ii) letters of office are issued in the
25 estate of a ward without administration of the
26 estate, including filing or joining in the filing of
27 a tax return or releasing a mortgage or consenting
28 to the marriage of the ward, the fee shall be $10.
29 (3) In addition to the fees payable under
30 subsection (v)(1) or (v)(2) of this Section, the
31 following fees are payable:
32 (A) For each account (other than one final
33 account) filed in the estate of a decedent, or ward,
34 $15.
HB2319 Engrossed -18- LRB093 07850 DRJ 08039 b
1 (B) For filing a claim in an estate when the
2 amount claimed is $150 or more but less than $500,
3 $10; when the amount claimed is $500 or more but
4 less than $10,000, $25; when the amount claimed is
5 $10,000 or more, $40; provided that the court in
6 allowing a claim may add to the amount allowed the
7 filing fee paid by the claimant.
8 (C) For filing in an estate a claim, petition,
9 or supplemental proceeding based upon an action
10 seeking equitable relief including the construction
11 or contest of a will, enforcement of a contract to
12 make a will, and proceedings involving testamentary
13 trusts or the appointment of testamentary trustees,
14 $40.
15 (D) For filing in an estate (i) the appearance
16 of any person for the purpose of consent or (ii) the
17 appearance of an executor, administrator,
18 administrator to collect, guardian, guardian ad
19 litem, or special administrator, no fee.
20 (E) Except as provided in subsection
21 (v)(3)(D), for filing the appearance of any person
22 or persons, $10.
23 (F) For each jury demand, $102.50.
24 (G) For disposition of the collection of a
25 judgment or settlement of an action or claim for
26 wrongful death of a decedent or of any cause of
27 action of a ward, when there is no other
28 administration of the estate, $30, less any amount
29 paid under subsection (v)(1)(B) or (v)(2)(B) except
30 that if the amount involved does not exceed $5,000,
31 the fee, including any amount paid under subsection
32 (v)(1)(B) or (v)(2)(B), shall be $10.
33 (H) For each certified copy of letters of
34 office, of court order or other certification, $1,
HB2319 Engrossed -19- LRB093 07850 DRJ 08039 b
1 plus 50¢ per page in excess of 3 pages for the
2 document certified.
3 (I) For each exemplification, $1, plus the fee
4 for certification.
5 (4) The executor, administrator, guardian,
6 petitioner, or other interested person or his or her
7 attorney shall pay the cost of publication by the clerk
8 directly to the newspaper.
9 (5) The person on whose behalf a charge is incurred
10 for witness, court reporter, appraiser, or other
11 miscellaneous fee shall pay the same directly to the
12 person entitled thereto.
13 (6) The executor, administrator, guardian,
14 petitioner, or other interested person or his or her
15 attorney shall pay to the clerk all postage charges
16 incurred by the clerk in mailing petitions, orders,
17 notices, or other documents pursuant to the provisions of
18 the Probate Act of 1975.
19 (w) Criminal and Quasi-Criminal Costs and Fees.
20 (1) The clerk shall be entitled to costs in all
21 criminal and quasi-criminal cases from each person
22 convicted or sentenced to supervision therein as follows:
23 (A) Felony complaints, $80.
24 (B) Misdemeanor complaints, $50.
25 (C) Business offense complaints, $50.
26 (D) Petty offense complaints, $50.
27 (E) Minor traffic or ordinance violations,
28 $20.
29 (F) When court appearance required, $30.
30 (G) Motions to vacate or amend final orders,
31 $20.
32 (H) Motions to vacate bond forfeiture orders,
33 $20.
34 (I) Motions to vacate ex parte judgments,
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1 whenever filed, $20.
2 (J) Motions to vacate judgment on forfeitures,
3 whenever filed, $20.
4 (K) Motions to vacate "failure to appear" or
5 "failure to comply" notices sent to the Secretary of
6 State, $20.
7 (2) In counties having a population in excess of
8 180,000 but not more than 500,000 inhabitants, when the
9 violation complaint is issued by a municipal police
10 department, the clerk shall be entitled to costs from
11 each person convicted therein as follows:
12 (A) Minor traffic or ordinance violations,
13 $10.
14 (B) When court appearance required, $15.
15 (3) In ordinance violation cases punishable by fine
16 only, the clerk of the circuit court shall be entitled to
17 receive, unless the fee is excused upon a finding by the
18 court that the defendant is indigent, in addition to
19 other fees or costs allowed or imposed by law, the sum of
20 $62.50 as a fee for the services of a jury. The jury fee
21 shall be paid by the defendant at the time of filing his
22 or her jury demand. If the fee is not so paid by the
23 defendant, no jury shall be called, and the case shall be
24 tried by the court without a jury.
25 (x) Transcripts of Judgment.
26 For the filing of a transcript of judgment, the
27 clerk shall be entitled to the same fee as if it were the
28 commencement of a new suit.
29 (y) Change of Venue.
30 (1) For the filing of a change of case on a change
31 of venue, the clerk shall be entitled to the same fee as
32 if it were the commencement of a new suit.
33 (2) The fee for the preparation and certification
34 of a record on a change of venue to another jurisdiction,
HB2319 Engrossed -21- LRB093 07850 DRJ 08039 b
1 when original documents are forwarded, $25.
2 (z) Tax objection complaints.
3 For each tax objection complaint containing one or
4 more tax objections, regardless of the number of parcels
5 involved or the number of taxpayers joining on the
6 complaint, $25.
7 (aa) Tax Deeds.
8 (1) Petition for tax deed, if only one parcel is
9 involved, $150.
10 (2) For each additional parcel, add a fee of $50.
11 (bb) Collections.
12 (1) For all collections made of others, except the
13 State and county and except in maintenance or child
14 support cases, a sum equal to 2.5% of the amount
15 collected and turned over.
16 (2) Interest earned on any funds held by the clerk
17 shall be turned over to the county general fund as an
18 earning of the office.
19 (3) For any check, draft, or other bank instrument
20 returned to the clerk for non-sufficient funds, account
21 closed, or payment stopped, $25.
22 (4) In child support and maintenance cases, the
23 clerk, if authorized by an ordinance of the county board,
24 may collect an annual fee of up to $36 from the person
25 making payment for maintaining child support records and
26 the processing of support orders to the State of Illinois
27 KIDS system and the recording of payments issued by the
28 State Disbursement Unit for the official record of the
29 Court. This fee shall be in addition to and separate
30 from amounts ordered to be paid as maintenance or child
31 support and shall be deposited into a Separate
32 Maintenance and Child Support Collection Fund, of which
33 the clerk shall be the custodian, ex-officio, to be used
34 by the clerk to maintain child support orders and record
HB2319 Engrossed -22- LRB093 07850 DRJ 08039 b
1 all payments issued by the State Disbursement Unit for
2 the official record of the Court. The clerk may recover
3 from the person making the maintenance or child support
4 payment any additional cost incurred in the collection
5 of this annual fee.
6 The clerk shall also be entitled to a fee of $5 for
7 certifications made to the Secretary of State as provided
8 in Section 7-703 of the Family Financial Responsibility
9 Law and these fees shall also be deposited into the
10 Separate Maintenance and Child Support Collection Fund.
11 (cc) Corrections of Numbers.
12 For correction of the case number, case title, or
13 attorney computer identification number, if required by
14 rule of court, on any document filed in the clerk's
15 office, to be charged against the party that filed the
16 document, $15.
17 (dd) Exceptions.
18 (1) The fee requirements of this Section shall not
19 apply to police departments or other law enforcement
20 agencies. In this Section, "law enforcement agency"
21 means an agency of the State or a unit of local
22 government which is vested by law or ordinance with the
23 duty to maintain public order and to enforce criminal
24 laws or ordinances. "Law enforcement agency" also means
25 the Attorney General or any state's attorney.
26 (2) No fee provided herein shall be charged to any
27 unit of local government or school district.
28 (3) The fee requirements of this Section shall not
29 apply to any action instituted under subsection (b) of
30 Section 11-31-1 of the Illinois Municipal Code by a
31 private owner or tenant of real property within 1200 feet
32 of a dangerous or unsafe building seeking an order
33 compelling the owner or owners of the building to take
34 any of the actions authorized under that subsection.
HB2319 Engrossed -23- LRB093 07850 DRJ 08039 b
1 (4) The fee requirements of this Section shall not
2 apply to the filing of any commitment petition or
3 petition for an order authorizing the administration of
4 authorized involuntary treatment in the form of
5 medication under the Mental Health and Developmental
6 Disabilities Code.
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. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
19 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
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 500,000
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 500,000 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 in this Section
31 shall apply to all units of local government and school
32 districts in counties with more than 3,000,000 inhabitants.
33 The fees shall be paid in advance and shall be as follows:
HB2319 Engrossed -24- LRB093 07850 DRJ 08039 b
1 (a) Civil Cases.
2 The fee for filing a complaint, petition, or other
3 pleading initiating a civil action, with the following
4 exceptions, shall be a minimum of $150 and a maximum of
5 $190.
6 (A) When the amount of money or damages or the
7 value of personal property claimed does not exceed
8 $250, a minimum of $10 and a maximum of $15.
9 (B) When that amount exceeds $250 but does not
10 exceed $1,000, a minimum of $20 and a maximum of
11 $40.
12 (C) When that amount exceeds $1,000 but does
13 not exceed $2500, a minimum of $30 and a maximum of
14 $50.
15 (D) When that amount exceeds $2500 but does
16 not exceed $5,000, a minimum of $75 and a maximum of
17 $100.
18 (D-5) When the amount exceeds $5,000 but does
19 not exceed $15,000, a minimum of $75 and a maximum
20 of $150.
21 (E) For the exercise of eminent domain, $150.
22 For each additional lot or tract of land or right or
23 interest therein subject to be condemned, the
24 damages in respect to which shall require separate
25 assessment by a jury, $150.
26 (b) Forcible Entry and Detainer.
27 In each forcible entry and detainer case when the
28 plaintiff seeks possession only or unites with his or her
29 claim for possession of the property a claim for rent or
30 damages or both in the amount of $15,000 or less, a
31 minimum of $40 and a maximum of $75. When the plaintiff
32 unites his or her claim for possession with a claim for
33 rent or damages or both exceeding $15,000, a minimum of
34 $150 and a maximum of $225.
HB2319 Engrossed -25- LRB093 07850 DRJ 08039 b
1 (c) Counterclaim or Joining Third Party Defendant.
2 When any defendant files a counterclaim as part of
3 his or her answer or otherwise or joins another party as
4 a third party defendant, or both, the defendant shall pay
5 a fee for each counterclaim or third party action in an
6 amount equal to the fee he or she would have had to pay
7 had he or she brought a separate action for the relief
8 sought in the counterclaim or against the third party
9 defendant, less the amount of the appearance fee, if that
10 has been paid.
11 (d) Confession of Judgment.
12 In a confession of judgment when the amount does not
13 exceed $1500, a minimum of $50 and a maximum of $60.
14 When the amount exceeds $1500, but does not exceed
15 $5,000, $75. When the amount exceeds $5,000, but does not
16 exceed $15,000, $175. When the amount exceeds $15,000, a
17 minimum of $200 and a maximum of $250.
18 (e) Appearance.
19 The fee for filing an appearance in each civil case
20 shall be a minimum of $50 and a maximum of $75, except as
21 follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only, a minimum of
24 $20 and a maximum of $40.
25 (B) When the amount in the case does not
26 exceed $1500, a minimum of $20 and a maximum of $40.
27 (C) When the amount in the case exceeds $1500
28 but does not exceed $15,000, a minimum of $40 and a
29 maximum of $60.
30 (f) Garnishment, Wage Deduction, and Citation.
31 In garnishment affidavit, wage deduction affidavit,
32 and citation petition when the amount does not exceed
33 $1,000, a minimum of $10 and a maximum of $15; when the
34 amount exceeds $1,000 but does not exceed $5,000, a
HB2319 Engrossed -26- LRB093 07850 DRJ 08039 b
1 minimum of $20 and a maximum of $30; and when the amount
2 exceeds $5,000, a minimum of $30 and a maximum of $50.
3 (g) Petition to Vacate or Modify.
4 (1) Petition to vacate or modify any final judgment
5 or order of court, except in forcible entry and detainer
6 cases and small claims cases or a petition to reopen an
7 estate, to modify, terminate, or enforce a judgment or
8 order for child or spousal support, or to modify,
9 suspend, or terminate an order for withholding, if filed
10 before 30 days after the entry of the judgment or order,
11 a minimum of $40 and a maximum of $50.
12 (2) Petition to vacate or modify any final judgment
13 or order of court, except a petition to modify,
14 terminate, or enforce a judgment or order for child or
15 spousal support or to modify, suspend, or terminate an
16 order for withholding, if filed later than 30 days after
17 the entry of the judgment or order, a minimum of $60 and
18 a maximum of $75.
19 (3) Petition to vacate order of bond forfeiture, a
20 minimum of $20 and a maximum of $40.
21 (h) Mailing.
22 When the clerk is required to mail, the fee will be
23 a minimum of $6 and a maximum of $10, plus the cost of
24 postage.
25 (i) Certified Copies.
26 Each certified copy of a judgment after the first,
27 except in small claims and forcible entry and detainer
28 cases, a minimum of $10 and a maximum of $15.
29 (j) Habeas Corpus.
30 For filing a petition for relief by habeas corpus, a
31 minimum of $80 and a maximum of $125.
32 (k) Certification, Authentication, and Reproduction.
33 (1) Each certification or authentication for taking
34 the acknowledgment of a deed or other instrument in
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1 writing with the seal of office, a minimum of $4 and a
2 maximum of $6.
3 (2) Court appeals when original documents are
4 forwarded, under 100 pages, plus delivery and costs, a
5 minimum of $50 and a maximum of $75.
6 (3) Court appeals when original documents are
7 forwarded, over 100 pages, plus delivery and costs, a
8 minimum of $120 and a maximum of $150.
9 (4) Court appeals when original documents are
10 forwarded, over 200 pages, an additional fee of a minimum
11 of 20 and a maximum of 25 cents per page.
12 (5) For reproduction of any document contained in
13 the clerk's files:
14 (A) First page, $2.
15 (B) Next 19 pages, 50 cents per page.
16 (C) All remaining pages, 25 cents per page.
17 (l) Remands.
18 In any cases remanded to the Circuit Court from the
19 Supreme Court or the Appellate Court for a new trial, the
20 clerk shall file the remanding order and reinstate the
21 case with either its original number or a new number. The
22 Clerk shall not charge any new or additional fee for the
23 reinstatement. Upon reinstatement the Clerk shall advise
24 the parties of the reinstatement. A party shall have the
25 same right to a jury trial on remand and reinstatement as
26 he or she had before the appeal, and no additional or new
27 fee or charge shall be made for a jury trial after
28 remand.
29 (m) Record Search.
30 For each record search, within a division or
31 municipal district, the clerk shall be entitled to a
32 search fee of a minimum of $4 and a maximum of $6 for
33 each year searched.
34 (n) Hard Copy.
HB2319 Engrossed -28- LRB093 07850 DRJ 08039 b
1 For each page of hard copy print output, when case
2 records are maintained on an automated medium, the clerk
3 shall be entitled to a fee of a minimum of $4 and a
4 maximum of $6.
5 (o) Index Inquiry and Other Records.
6 No fee shall be charged for a single
7 plaintiff/defendant index inquiry or single case record
8 inquiry when this request is made in person and the
9 records are maintained in a current automated medium, and
10 when no hard copy print output is requested. The fees to
11 be charged for management records, multiple case records,
12 and multiple journal records may be specified by the
13 Chief Judge pursuant to the guidelines for access and
14 dissemination of information approved by the Supreme
15 Court.
16 (p) (Blank).Commitment Petitions.
17 For filing commitment petitions under the Mental
18 Health and Developmental Disabilities Code, a minimum of
19 $25 and a maximum of $50.
20 (q) Alias Summons.
21 For each alias summons or citation issued by the
22 clerk, a minimum of $4 and a maximum of $5.
23 (r) Other Fees.
24 Any fees not covered in this Section shall be set by
25 rule or administrative order of the Circuit Court with
26 the approval of the Administrative Office of the Illinois
27 Courts.
28 The clerk of the circuit court may provide
29 additional services for which there is no fee specified
30 by statute in connection with the operation of the
31 clerk's office as may be requested by the public and
32 agreed to by the clerk and approved by the chief judge of
33 the circuit court. Any charges for additional services
34 shall be as agreed to between the clerk and the party
HB2319 Engrossed -29- LRB093 07850 DRJ 08039 b
1 making the request and approved by the chief judge of the
2 circuit court. Nothing in this subsection shall be
3 construed to require any clerk to provide any service not
4 otherwise required by law.
5 (s) Jury Services.
6 The clerk shall be entitled to receive, in addition
7 to other fees allowed by law, the sum of a minimum of
8 $192.50 and a maximum of $212.50, as a fee for the
9 services of a jury in every civil action not
10 quasi-criminal in its nature and not a proceeding for the
11 exercise of the right of eminent domain and in every
12 other action wherein the right of trial by jury is or may
13 be given by law. The jury fee shall be paid by the party
14 demanding a jury at the time of filing the jury demand.
15 If the fee is not paid by either party, no jury shall be
16 called in the action or proceeding, and the same shall be
17 tried by the court without a jury.
18 (t) Voluntary Assignment.
19 For filing each deed of voluntary assignment, a
20 minimum of $10 and a maximum of $20; for recording the
21 same, a minimum of 25¢ and a maximum of 50¢ for each 100
22 words. Exceptions filed to claims presented to an
23 assignee of a debtor who has made a voluntary assignment
24 for the benefit of creditors shall be considered and
25 treated, for the purpose of taxing costs therein, as
26 actions in which the party or parties filing the
27 exceptions shall be considered as party or parties
28 plaintiff, and the claimant or claimants as party or
29 parties defendant, and those parties respectively shall
30 pay to the clerk the same fees as provided by this
31 Section to be paid in other actions.
32 (u) Expungement Petition.
33 The clerk shall be entitled to receive a fee of a
34 minimum of $30 and a maximum of $60 for each expungement
HB2319 Engrossed -30- LRB093 07850 DRJ 08039 b
1 petition filed and an additional fee of a minimum of $2
2 and a maximum of $4 for each certified copy of an order
3 to expunge arrest records.
4 (v) Probate.
5 The clerk is entitled to receive the fees specified
6 in this subsection (v), which shall be paid in advance,
7 except that, for good cause shown, the court may suspend,
8 reduce, or release the costs payable under this
9 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
HB2319 Engrossed -31- LRB093 07850 DRJ 08039 b
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
HB2319 Engrossed -32- LRB093 07850 DRJ 08039 b
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.
HB2319 Engrossed -33- LRB093 07850 DRJ 08039 b
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
29 500,000 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.
HB2319 Engrossed -34- LRB093 07850 DRJ 08039 b
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 or the number of taxpayers joining in the
29 complaint, a minimum of $25 and a maximum of $50.
30 (aa) Tax Deeds.
31 (1) Petition for tax deed, if only one parcel is
32 involved, a minimum of $150 and a maximum of $250.
33 (2) For each additional parcel, add a fee of a
34 minimum of $50 and a maximum of $100.
HB2319 Engrossed -35- LRB093 07850 DRJ 08039 b
1 (bb) Collections.
2 (1) For all collections made of others, except the
3 State and county and except in maintenance or child
4 support cases, a sum equal to a minimum of 2.5% and a
5 maximum of 3.0% of the amount collected and turned over.
6 (2) Interest earned on any funds held by the clerk
7 shall be turned over to the county general fund as an
8 earning of the office.
9 (3) For any check, draft, or other bank instrument
10 returned to the clerk for non-sufficient funds, account
11 closed, or payment stopped, $25.
12 (4) In child support and maintenance cases, the
13 clerk, if authorized by an ordinance of the county board,
14 may collect an annual fee of up to $36 from the person
15 making payment for maintaining child support records and
16 the processing of support orders to the State of Illinois
17 KIDS system and the recording of payments issued by the
18 State Disbursement Unit for the official record of the
19 Court. This fee shall be in addition to and separate from
20 amounts ordered to be paid as maintenance or child
21 support and shall be deposited into a Separate
22 Maintenance and Child Support Collection Fund, of which
23 the clerk shall be the custodian, ex-officio, to be used
24 by the clerk to maintain child support orders and record
25 all payments issued by the State Disbursement Unit for
26 the official record of the Court. The clerk may recover
27 from the person making the maintenance or child support
28 payment any additional cost incurred in the collection of
29 this annual fee.
30 The clerk shall also be entitled to a fee of $5 for
31 certifications made to the Secretary of State as provided
32 in Section 7-703 of the Family Financial Responsibility
33 Law and these fees shall also be deposited into the
34 Separate Maintenance and Child Support Collection Fund.
HB2319 Engrossed -36- LRB093 07850 DRJ 08039 b
1 (cc) Corrections of Numbers.
2 For correction of the case number, case title, or
3 attorney computer identification number, if required by
4 rule of court, on any document filed in the clerk's
5 office, to be charged against the party that filed the
6 document, a minimum of $15 and a maximum of $25.
7 (dd) Exceptions.
8 The fee requirements of this Section shall not apply
9 to police departments or other law enforcement agencies.
10 In this Section, "law enforcement agency" means an agency
11 of the State or a unit of local government which is
12 vested by law or ordinance with the duty to maintain
13 public order and to enforce criminal laws or ordinances.
14 "Law enforcement agency" also means the Attorney General
15 or any state's attorney. The fee requirements of this
16 Section shall not apply to any action instituted under
17 subsection (b) of Section 11-31-1 of the Illinois
18 Municipal Code by a private owner or tenant of real
19 property within 1200 feet of a dangerous or unsafe
20 building seeking an order compelling the owner or owners
21 of the building to take any of the actions authorized
22 under that subsection.
23 The fee requirements of this Section shall not apply
24 to the filing of any commitment petition or petition for
25 an order authorizing the administration of authorized
26 involuntary treatment in the form of medication under the
27 Mental Health and Developmental Disabilities Code.
28 (ee) Adoptions.
29 (1) For an adoption.............................$65
30 (2) Upon good cause shown, the court may waive the
31 adoption filing fee in a special needs adoption. The
32 term "special needs adoption" shall have the meaning
33 ascribed to it by the Illinois Department of Children and
34 Family Services.
HB2319 Engrossed -37- LRB093 07850 DRJ 08039 b
1 (ff) Adoption exemptions.
2 No fee other than that set forth in subsection (ee)
3 shall be charged to any person in connection with an
4 adoption proceeding.
5 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
6 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
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. In those instances where a
12 minimum and maximum fee is stated, the clerk of the circuit
13 court must charge the minimum fee listed and may charge up to
14 the maximum fee if the county board has by resolution
15 increased the fee. The fees shall be paid in advance and
16 shall be as follows:
17 (a) Civil Cases.
18 The fee for filing a complaint, petition, or other
19 pleading initiating a civil action, with the following
20 exceptions, shall be a minimum of $190 and a maximum of
21 $240.
22 (A) When the amount of money or damages or the
23 value of personal property claimed does not exceed
24 $250, a minimum of $15 and a maximum of $22.
25 (B) When that amount exceeds $250 but does not
26 exceed $1000, a minimum of $40 and a maximum of $75.
27 (C) When that amount exceeds $1000 but does
28 not exceed $2500, a minimum of $50 and a maximum of
29 $80.
30 (D) When that amount exceeds $2500 but does
31 not exceed $5000, a minimum of $100 and a maximum of
32 $130.
33 (E) When that amount exceeds $5000 but does
HB2319 Engrossed -38- LRB093 07850 DRJ 08039 b
1 not exceed $15,000, $150.
2 (F) For the exercise of eminent domain, $150.
3 For each additional lot or tract of land or right or
4 interest therein subject to be condemned, the
5 damages in respect to which shall require separate
6 assessment by a jury, $150.
7 (G) For the final determination of parking,
8 standing, and compliance violations and final
9 administrative decisions issued after hearings
10 regarding vehicle immobilization and impoundment
11 made pursuant to Sections 3-704.1, 6-306.5, and
12 11-208.3 of the Illinois Vehicle Code, $25.
13 (b) Forcible Entry and Detainer.
14 In each forcible entry and detainer case when the
15 plaintiff seeks possession only or unites with his or her
16 claim for possession of the property a claim for rent or
17 damages or both in the amount of $15,000 or less, a
18 minimum of $75 and a maximum of $140. When the plaintiff
19 unites his or her claim for possession with a claim for
20 rent or damages or both exceeding $15,000, a minimum of
21 $225 and a maximum of $335.
22 (c) Counterclaim or Joining Third Party Defendant.
23 When any defendant files a counterclaim as part of
24 his or her answer or otherwise or joins another party as
25 a third party defendant, or both, the defendant shall pay
26 a fee for each counterclaim or third party action in an
27 amount equal to the fee he or she would have had to pay
28 had he or she brought a separate action for the relief
29 sought in the counterclaim or against the third party
30 defendant, less the amount of the appearance fee, if that
31 has been paid.
32 (d) Confession of Judgment.
33 In a confession of judgment when the amount does not
34 exceed $1500, a minimum of $60 and a maximum of $70.
HB2319 Engrossed -39- LRB093 07850 DRJ 08039 b
1 When the amount exceeds $1500, but does not exceed $5000,
2 a minimum of $75 and a maximum of $150. When the amount
3 exceeds $5000, but does not exceed $15,000, a minimum of
4 $175 and a maximum of $260. When the amount exceeds
5 $15,000, a minimum of $250 and a maximum of $310.
6 (e) Appearance.
7 The fee for filing an appearance in each civil case
8 shall be a minimum of $75 and a maximum of $110, except
9 as follows:
10 (A) When the plaintiff in a forcible entry and
11 detainer case seeks possession only, a minimum of
12 $40 and a maximum of $80.
13 (B) When the amount in the case does not
14 exceed $1500, a minimum of $40 and a maximum of $80.
15 (C) When that amount exceeds $1500 but does
16 not exceed $15,000, a minimum of $60 and a maximum
17 of $90.
18 (f) Garnishment, Wage Deduction, and Citation.
19 In garnishment affidavit, wage deduction affidavit,
20 and citation petition when the amount does not exceed
21 $1,000, a minimum of $15 and a maximum of $25; when the
22 amount exceeds $1,000 but does not exceed $5,000, a
23 minimum of $30 and a maximum of $45; and when the amount
24 exceeds $5,000, a minimum of $50 and a maximum of $80.
25 (g) Petition to Vacate or Modify.
26 (1) Petition to vacate or modify any final judgment
27 or order of court, except in forcible entry and detainer
28 cases and small claims cases or a petition to reopen an
29 estate, to modify, terminate, or enforce a judgment or
30 order for child or spousal support, or to modify,
31 suspend, or terminate an order for withholding, if filed
32 before 30 days after the entry of the judgment or order,
33 a minimum of $50 and a maximum of $60.
34 (2) Petition to vacate or modify any final judgment
HB2319 Engrossed -40- LRB093 07850 DRJ 08039 b
1 or order of court, except a petition to modify,
2 terminate, or enforce a judgment or order for child or
3 spousal support or to modify, suspend, or terminate an
4 order for withholding, if filed later than 30 days after
5 the entry of the judgment or order, a minimum of $75 and
6 a maximum of $90.
7 (3) Petition to vacate order of bond forfeiture, a
8 minimum of $40 and a maximum of $80.
9 (h) Mailing.
10 When the clerk is required to mail, the fee will be
11 a minimum of $10 and a maximum of $15, plus the cost of
12 postage.
13 (i) Certified Copies.
14 Each certified copy of a judgment after the first,
15 except in small claims and forcible entry and detainer
16 cases, a minimum of $15 and a maximum of $20.
17 (j) Habeas Corpus.
18 For filing a petition for relief by habeas corpus, a
19 minimum of $125 and a maximum of $190.
20 (k) Certification, Authentication, and Reproduction.
21 (1) Each certification or authentication for taking
22 the acknowledgment of a deed or other instrument in
23 writing with the seal of office, a minimum of $6 and a
24 maximum of $9.
25 (2) Court appeals when original documents are
26 forwarded, under 100 pages, plus delivery and costs, a
27 minimum of $75 and a maximum of $110.
28 (3) Court appeals when original documents are
29 forwarded, over 100 pages, plus delivery and costs, a
30 minimum of $150 and a maximum of $185.
31 (4) Court appeals when original documents are
32 forwarded, over 200 pages, an additional fee of a minimum
33 of 25 and a maximum of 30 cents per page.
34 (5) For reproduction of any document contained in
HB2319 Engrossed -41- LRB093 07850 DRJ 08039 b
1 the clerk's files:
2 (A) First page, $2.
3 (B) Next 19 pages, 50 cents per page.
4 (C) All remaining pages, 25 cents per page.
5 (l) Remands.
6 In any cases remanded to the Circuit Court from the
7 Supreme Court or the Appellate Court for a new trial, the
8 clerk shall file the remanding order and reinstate the
9 case with either its original number or a new number.
10 The Clerk shall not charge any new or additional fee for
11 the reinstatement. Upon reinstatement the Clerk shall
12 advise the parties of the reinstatement. A party shall
13 have the same right to a jury trial on remand and
14 reinstatement as he or she had before the appeal, and no
15 additional or new fee or charge shall be made for a jury
16 trial after remand.
17 (m) Record Search.
18 For each record search, within a division or
19 municipal district, the clerk shall be entitled to a
20 search fee of a minimum of $6 and a maximum of $9 for
21 each year searched.
22 (n) Hard Copy.
23 For each page of hard copy print output, when case
24 records are maintained on an automated medium, the clerk
25 shall be entitled to a fee of a minimum of $6 and a
26 maximum of $9.
27 (o) Index Inquiry and Other Records.
28 No fee shall be charged for a single
29 plaintiff/defendant index inquiry or single case record
30 inquiry when this request is made in person and the
31 records are maintained in a current automated medium, and
32 when no hard copy print output is requested. The fees to
33 be charged for management records, multiple case records,
34 and multiple journal records may be specified by the
HB2319 Engrossed -42- LRB093 07850 DRJ 08039 b
1 Chief Judge pursuant to the guidelines for access and
2 dissemination of information approved by the Supreme
3 Court.
4 (p) (Blank).Commitment Petitions.
5 For filing commitment petitions under the Mental
6 Health and Developmental Disabilities Code, a minimum of
7 $50 and a maximum of $100.
8 (q) Alias Summons.
9 For each alias summons or citation issued by the
10 clerk, a minimum of $5 and a maximum of $6.
11 (r) Other Fees.
12 Any fees not covered in this Section shall be set by
13 rule or administrative order of the Circuit Court with
14 the approval of the Administrative Office of the Illinois
15 Courts.
16 The clerk of the circuit court may provide
17 additional services for which there is no fee specified
18 by statute in connection with the operation of the
19 clerk's office as may be requested by the public and
20 agreed to by the clerk and approved by the chief judge of
21 the circuit court. Any charges for additional services
22 shall be as agreed to between the clerk and the party
23 making the request and approved by the chief judge of the
24 circuit court. Nothing in this subsection shall be
25 construed to require any clerk to provide any service not
26 otherwise required by law.
27 (s) Jury Services.
28 The clerk shall be entitled to receive, in addition
29 to other fees allowed by law, the sum of a minimum of
30 $212.50 and maximum of $230, as a fee for the services of
31 a jury in every civil action not quasi-criminal in its
32 nature and not a proceeding for the exercise of the right
33 of eminent domain and in every other action wherein the
34 right of trial by jury is or may be given by law. The
HB2319 Engrossed -43- LRB093 07850 DRJ 08039 b
1 jury fee shall be paid by the party demanding a jury at
2 the time of filing the jury demand. If the fee is not
3 paid by either party, no jury shall be called in the
4 action or proceeding, and the same shall be tried by the
5 court without a jury.
6 (t) Voluntary Assignment.
7 For filing each deed of voluntary assignment, a
8 minimum of $20 and a maximum of $40; for recording the
9 same, a minimum of 50¢ and a maximum of $0.80 for each
10 100 words. Exceptions filed to claims presented to an
11 assignee of a debtor who has made a voluntary assignment
12 for the benefit of creditors shall be considered and
13 treated, for the purpose of taxing costs therein, as
14 actions in which the party or parties filing the
15 exceptions shall be considered as party or parties
16 plaintiff, and the claimant or claimants as party or
17 parties defendant, and those parties respectively shall
18 pay to the clerk the same fees as provided by this
19 Section to be paid in other actions.
20 (u) Expungement Petition.
21 The clerk shall be entitled to receive a fee of a
22 minimum of $60 and a maximum of $120 for each expungement
23 petition filed and an additional fee of a minimum of $4
24 and a maximum of $8 for each certified copy of an order
25 to expunge arrest records.
26 (v) Probate.
27 The clerk is entitled to receive the fees specified
28 in this subsection (v), which shall be paid in advance,
29 except that, for good cause shown, the court may suspend,
30 reduce, or release the costs payable under this
31 subsection:
32 (1) For administration of the estate of a decedent
33 (whether testate or intestate) or of a missing person, a
34 minimum of $150 and a maximum of $225, plus the fees
HB2319 Engrossed -44- LRB093 07850 DRJ 08039 b
1 specified in subsection (v)(3), except:
2 (A) When the value of the real and personal
3 property does not exceed $15,000, the fee shall be a
4 minimum of $40 and a maximum of $65.
5 (B) When (i) proof of heirship alone is made,
6 (ii) a domestic or foreign will is admitted to
7 probate without administration (including proof of
8 heirship), or (iii) letters of office are issued for
9 a particular purpose without administration of the
10 estate, the fee shall be a minimum of $40 and a
11 maximum of $65.
12 (2) For administration of the estate of a ward, a
13 minimum of $75 and a maximum of $110, plus the fees
14 specified in subsection (v)(3), except:
15 (A) When the value of the real and personal
16 property does not exceed $15,000, the fee shall be a
17 minimum of $40 and a maximum of $65.
18 (B) When (i) letters of office are issued to a
19 guardian of the person or persons, but not of the
20 estate or (ii) letters of office are issued in the
21 estate of a ward without administration of the
22 estate, including filing or joining in the filing of
23 a tax return or releasing a mortgage or consenting
24 to the marriage of the ward, the fee shall be a
25 minimum of $20 and a maximum of $40.
26 (3) In addition to the fees payable under
27 subsection (v)(1) or (v)(2) of this Section, the
28 following fees are payable:
29 (A) For each account (other than one final
30 account) filed in the estate of a decedent, or ward,
31 a minimum of $25 and a maximum of $40.
32 (B) For filing a claim in an estate when the
33 amount claimed is $150 or more but less than $500, a
34 minimum of $20 and a maximum of $40; when the amount
HB2319 Engrossed -45- LRB093 07850 DRJ 08039 b
1 claimed is $500 or more but less than $10,000, a
2 minimum of $40 and a maximum of $65; when the amount
3 claimed is $10,000 or more, a minimum of $60 and a
4 maximum of $90; provided that the court in allowing
5 a claim may add to the amount allowed the filing fee
6 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 a minimum of $60 and a maximum of $90.
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, a minimum of $30 and a maximum of $90.
22 (F) For each jury demand, a minimum of $137.50
23 and a maximum of $180.
24 (G) For disposition of the collection of a
25 judgment or settlement of an action or claim for
26 wrongful death of a decedent or of any cause of
27 action of a ward, when there is no other
28 administration of the estate, a minimum of $50 and a
29 maximum of $80, less any amount paid under
30 subsection (v)(1)(B) or (v)(2)(B) except that if the
31 amount involved does not exceed $5,000, the fee,
32 including any amount paid under subsection (v)(1)(B)
33 or (v)(2)(B), shall be a minimum of $20 and a
34 maximum of $40.
HB2319 Engrossed -46- LRB093 07850 DRJ 08039 b
1 (H) For each certified copy of letters of
2 office, of court order or other certification, a
3 minimum of $2 and a maximum of $4, plus $1 per page
4 in excess of 3 pages for the document certified.
5 (I) For each exemplification, $2, plus the fee
6 for certification.
7 (4) The executor, administrator, guardian,
8 petitioner, or other interested person or his or her
9 attorney shall pay the cost of publication by the clerk
10 directly to the newspaper.
11 (5) The person on whose behalf a charge is incurred
12 for witness, court reporter, appraiser, or other
13 miscellaneous fee shall pay the same directly to the
14 person entitled thereto.
15 (6) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay to the clerk all postage charges
18 incurred by the clerk in mailing petitions, orders,
19 notices, or other documents pursuant to the provisions of
20 the Probate Act of 1975.
21 (w) Criminal and Quasi-Criminal Costs and Fees.
22 (1) The clerk shall be entitled to costs in all
23 criminal and quasi-criminal cases from each person
24 convicted or sentenced to supervision therein as follows:
25 (A) Felony complaints, a minimum of $125 and a
26 maximum of $190.
27 (B) Misdemeanor complaints, a minimum of $75
28 and a maximum of $110.
29 (C) Business offense complaints, a minimum of
30 $75 and a maximum of $110.
31 (D) Petty offense complaints, a minimum of $75
32 and a maximum of $110.
33 (E) Minor traffic or ordinance violations,
34 $30.
HB2319 Engrossed -47- LRB093 07850 DRJ 08039 b
1 (F) When court appearance required, $50.
2 (G) Motions to vacate or amend final orders, a
3 minimum of $40 and a maximum of $80.
4 (H) Motions to vacate bond forfeiture orders,
5 a minimum of $30 and a maximum of $45.
6 (I) Motions to vacate ex parte judgments,
7 whenever filed, a minimum of $30 and a maximum of
8 $45.
9 (J) Motions to vacate judgment on forfeitures,
10 whenever filed, a minimum of $25 and a maximum of
11 $30.
12 (K) Motions to vacate "failure to appear" or
13 "failure to comply" notices sent to the Secretary of
14 State, a minimum of $40 and a maximum of $50.
15 (2) In counties having a population of 3,000,000 or
16 more, when the violation complaint is issued by a
17 municipal police department, the clerk shall be entitled
18 to costs from each person convicted therein as follows:
19 (A) Minor traffic or ordinance violations,
20 $30.
21 (B) When court appearance required, $50.
22 (3) In ordinance violation cases punishable by fine
23 only, the clerk of the circuit court shall be entitled to
24 receive, unless the fee is excused upon a finding by the
25 court that the defendant is indigent, in addition to
26 other fees or costs allowed or imposed by law, the sum of
27 a minimum of $112.50 and a maximum of $250 as a fee for
28 the services of a jury. The jury fee shall be paid by
29 the defendant at the time of filing his or her jury
30 demand. If the fee is not so paid by the defendant, no
31 jury shall be called, and the case shall be tried by the
32 court without a jury.
33 (x) Transcripts of Judgment.
34 For the filing of a transcript of judgment, the
HB2319 Engrossed -48- LRB093 07850 DRJ 08039 b
1 clerk shall be entitled to the same fee as if it were the
2 commencement of a new suit.
3 (y) Change of Venue.
4 (1) For the filing of a change of case on a change
5 of venue, the clerk shall be entitled to the same fee as
6 if it were the commencement of a new suit.
7 (2) The fee for the preparation and certification
8 of a record on a change of venue to another jurisdiction,
9 when original documents are forwarded, a minimum of $40
10 and a maximum of $65.
11 (z) Tax objection complaints.
12 For each tax objection complaint containing one or
13 more tax objections, regardless of the number of parcels
14 involved or the number of taxpayers joining in the
15 complaint, a minimum of $50 and a maximum of $100.
16 (aa) Tax Deeds.
17 (1) Petition for tax deed, if only one parcel is
18 involved, a minimum of $250 and a maximum of $400.
19 (2) For each additional parcel, add a fee of a
20 minimum of $100 and a maximum of $200.
21 (bb) Collections.
22 (1) For all collections made of others, except the
23 State and county and except in maintenance or child
24 support cases, a sum equal to 3.0% of the amount
25 collected and turned over.
26 (2) Interest earned on any funds held by the clerk
27 shall be turned over to the county general fund as an
28 earning of the office.
29 (3) For any check, draft, or other bank instrument
30 returned to the clerk for non-sufficient funds, account
31 closed, or payment stopped, $25.
32 (4) In child support and maintenance cases, the
33 clerk, if authorized by an ordinance of the county board,
34 may collect an annual fee of up to $36 from the person
HB2319 Engrossed -49- LRB093 07850 DRJ 08039 b
1 making payment for maintaining child support records and
2 the processing of support orders to the State of Illinois
3 KIDS system and the recording of payments issued by the
4 State Disbursement Unit for the official record of the
5 Court. This fee shall be in addition to and separate
6 from amounts ordered to be paid as maintenance or child
7 support and shall be deposited into a Separate
8 Maintenance and Child Support Collection Fund, of which
9 the clerk shall be the custodian, ex-officio, to be used
10 by the clerk to maintain child support orders and record
11 all payments issued by the State Disbursement Unit for
12 the official record of the Court. The clerk may recover
13 from the person making the maintenance or child support
14 payment any additional cost incurred in the collection of
15 this annual fee.
16 The clerk shall also be entitled to a fee of $5 for
17 certifications made to the Secretary of State as provided
18 in Section 7-703 of the Family Financial Responsibility
19 Law and these fees shall also be deposited into the
20 Separate Maintenance and Child Support Collection Fund.
21 (cc) Corrections of Numbers.
22 For correction of the case number, case title, or
23 attorney computer identification number, if required by
24 rule of court, on any document filed in the clerk's
25 office, to be charged against the party that filed the
26 document, a minimum of $25 and a maximum of $40.
27 (dd) Exceptions.
28 (1) The fee requirements of this Section shall not
29 apply to police departments or other law enforcement
30 agencies. In this Section, "law enforcement agency"
31 means an agency of the State or a unit of local
32 government which is vested by law or ordinance with the
33 duty to maintain public order and to enforce criminal
34 laws or ordinances. "Law enforcement agency" also means
HB2319 Engrossed -50- LRB093 07850 DRJ 08039 b
1 the Attorney General or any state's attorney.
2 (2) No fee provided herein shall be charged to any
3 unit of local government or school district. The fee
4 requirements of this Section shall not apply to any
5 action instituted under subsection (b) of Section 11-31-1
6 of the Illinois Municipal Code by a private owner or
7 tenant of real property within 1200 feet of a dangerous
8 or unsafe building seeking an order compelling the owner
9 or owners of the building to take any of the actions
10 authorized under that subsection.
11 (3) The fee requirements of this Section shall not
12 apply to the filing of any commitment petition or
13 petition for an order authorizing the administration of
14 authorized involuntary treatment in the form of
15 medication under the Mental Health and Developmental
16 Disabilities Code.
17 (ee) Adoption.
18 (1) For an adoption.............................$65
19 (2) Upon good cause shown, the court may waive the
20 adoption filing fee in a special needs adoption. The
21 term "special needs adoption" shall have the meaning
22 ascribed to it by the Illinois Department of Children and
23 Family Services.
24 (ff) Adoption exemptions.
25 No fee other than that set forth in subsection (ee)
26 shall be charged to any person in connection with an
27 adoption proceeding.
28 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
29 91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
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