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91_HB2846eng HB2846 Engrossed LRB9105359LDmb 1 AN ACT to amend the Clerks of Courts Act by changing 2 Sections 27.1, 27.1a, 27.2, and 27.2a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Clerks of Courts Act is amended by 6 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows: 7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 8 Sec. 27.1. The fees of the Clerk of the Circuit Court in 9 all counties having a population of 180,000 inhabitants or 10 less shall be paid in advance, except as otherwise provided, 11 and shall be as follows: 12 (a) Civil Cases 13 (1) All civil cases except as otherwise 14 provided........................................... $40 15 (2) Judicial Sales (except Probate).......... $40 16 (b) Family 17 (1) Commitment petitions under the Mental 18 Health and Developmental Disabilities Code, filing 19 transcript of commitment proceedings held in 20 another county, and cases under the Juvenile Court 21 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, HB2846 Engrossed -2- LRB9105359LDmb 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 7 without limitation when the disposition is 8 court supervision: 9 (i) For each offense.................... $10 10 (ii) For each notice sent to the 11 defendant's last known address pursuant to 12 subsection (c) of Section 6-306.4 of the Illinois 13 Vehicle Code....................................... $2 14 (iii) For each notice sent to the 15 Secretary of State pursuant to subsection (c) of 16 Section 6-306.4 of the Illinois Vehicle Code....... $2 17 (6) When Court Appearance required........... $15 18 (7) Motions to vacate or amend final orders.. $10 19 (8) In ordinance violation cases punishable 20 by fine only, the clerk of the circuit court shall 21 be entitled to receive, unless the fee is excused 22 upon a finding by the court that the defendant is 23 indigent, in addition to other fees or costs 24 allowed or imposed by law, the sum of $50 as a fee 25 for the services of a jury. The jury fee shall be 26 paid by the defendant at the time of filing his or 27 her jury demand. If the fee is not so paid by the 28 defendant, no jury shall be called, and the case 29 shall be tried by the court without a jury. 30 (d) Other Civil Cases 31 (1) Money or personal property claimed does 32 not exceed $500.................................... $10 33 (2) Exceeds $500 but not more than $10,000... $25 34 (3) Exceeds $10,000, when relief in addition HB2846 Engrossed -3- LRB9105359LDmb 1 to or supplemental to recovery of money alone is 2 sought in an action to recover personal property 3 taxes or retailers occupational tax regardless of 4 amount claimed..................................... $45 5 (4) The Clerk of the Circuit Court shall be 6 entitled to receive, in addition to other fees 7 allowed by law, the sum of $50, as a fee for the 8 services of a jury in every civil action not 9 quasi-criminal in its nature and not a proceeding 10 for the exercise of the right of eminent domain, 11 and in every equitable action wherein the right of 12 trial by jury is or may be given by law. The jury 13 fee shall be paid by the party demanding a jury at 14 the time of filing his jury demand. If such a fee 15 is not paid by either party, no jury shall be 16 called in the action, suit, or proceeding, and the 17 same shall be tried by the court without a jury. 18 (e) Confession of judgment and answer 19 (1) When the amount does not exceed $1,000... $20 20 (2) Exceeds $1,000........................... $40 21 (f) Auxiliary Proceedings 22 Any auxiliary proceeding relating to the 23 collection of a money judgment, including 24 garnishment, citation, or wage deduction action.... $5 25 (g) Forcible entry and detainer 26 (1) For possession only or possession and 27 rent not in excess of $10,000...................... $10 28 (2) For possession and rent in excess of 29 $10,000............................................ $40 30 (h) Eminent Domain 31 (1) Exercise of Eminent Domain............... $45 32 (2) For each and every lot or tract of land 33 or right or interest therein subject to be 34 condemned, the damages in respect to which shall HB2846 Engrossed -4- LRB9105359LDmb 1 require separate assessments by a jury............. $45 2 (i) Reinstatement 3 Each case including petition for modification 4 of a judgment or order of Court if filed later than 5 30 days after the entry of a judgment or order, 6 except in forcible entry and detainer cases and 7 small claims and except a petition to modify, 8 terminate, or enforce a judgement or order for 9 child or spousal support or to modify, suspend, or 10 terminate an order for withholding, petition to 11 vacate judgment of dismissal for want of 12 prosecution whenever filed, petition to reopen an 13 estate, or redocketing of any cause................ $20 14 (j) Probate 15 (1) Administration of decedent's estates, 16 whether testate or intestate, guardianships of the 17 person or estate or both of a person under legal 18 disability, guardianships of the person or estate 19 or both of a minor or minors, or petitions to sell 20 real estate in the administration of any estate.... $50 21 (2) Small estates in cases where the real and 22 personal property of an estate does not exceed 23 $5,000............................................. $25 24 (3) At any time during the administration of 25 the estate, however, at the request of the Clerk, 26 the Court shall examine the record of the estate 27 and the personal representative to determine the 28 total value of the real and personal property of 29 the estate, and if such value exceeds $5,000 shall 30 order the payment of an additional fee in the 31 amount of.......................................... $40 32 (4) Inheritance tax proceedings.............. $15 33 (5) Issuing letters only for a certain 34 specific reason other than the administration of an HB2846 Engrossed -5- LRB9105359LDmb 1 estate, including but not limited to the release of 2 mortgage; the issue of letters of guardianship in 3 order that consent to marriage may be granted or 4 for some other specific reason other than for the 5 care of property or person; proof of heirship 6 without administration; or when a will is to be 7 admitted to probate, but the estate is to be 8 settled without administration..................... $10 9 (6) When a separate complaint relating to any 10 matter other than a routine claim is filed in an 11 estate, the required additional fee shall be 12 charged for such filing............................ $45 13 (k) Change of Venue 14 From a court, the charge is the same amount as 15 the original filing fee; however, the fee for 16 preparation and certification of record on change 17 of venue, when original documents or copies are 18 forwarded.......................................... $10 19 (l) Answer, adverse pleading, or appearance 20 In civil cases.......... $15 21 With the following exceptions: 22 (1) When the amount does not exceed $500..... $5 23 (2) When amount exceeds $500 but not $10,000. $10 24 (3) When amount exceeds $10,000.............. $15 25 (4) Court appeals when documents are 26 forwarded, over 200 pages, additional fee per page 27 over 200........................................... 10¢ 28 (m) Tax objection complaints 29 For each tax objection complaint containing 30 one or more tax objections, regardless of the 31 number of parcels involved or the number of 32 taxpayers joining the complaint.................... $10 33 (n) Tax deed 34 (1) Petition for tax deed, if only one parcel HB2846 Engrossed -6- LRB9105359LDmb 1 is involved........................................ $45 2 (2) For each additional parcel involved, an 3 additional fee of.................................. $10 4 (o) Mailing Notices and Processes 5 (1) All notices that the clerk is required to 6 mail as first class mail........................... $2 7 (2) For all processes or notices the Clerk is 8 required to mail by certified or registered mail, 9 the fee will be $2 plus cost of postage. 10 (p) Certification or Authentication 11 (1) Each certification or authentication for 12 taking the acknowledgement of a deed or other 13 instrument in writing with seal of office.......... $2 14 (2) Court appeals when original documents are 15 forwarded, 100 pages or under, plus delivery costs. $25 16 (3) Court appeals when original documents are 17 forwarded, over 100 pages, plus delivery costs..... $60 18 (4) Court appeals when original documents are 19 forwarded, over 200 pages, additional fee per page 20 over 200........................................... 10¢ 21 (q) Reproductions 22 Each record of proceedings and judgment, 23 whether on appeal, change of venue, certified 24 copies of orders and judgments, and all other 25 instruments, documents, records, or papers: 26 (1) First page.......................... $1 27 (2) Next 19 pages, per page............. 50¢ 28 (3) All remaining pages, per page....... 25¢ 29 (r) Counterclaim 30 When any defendant files a counterclaim as 31 part of his or her answer or otherwise, or joins 32 another party as a third party defendant, or both, 33 he or she shall pay a fee for each such 34 counterclaim or third party action in an amount HB2846 Engrossed -7- LRB9105359LDmb 1 equal to the fee he or she would have had to pay 2 had he or she brought a separate action for the 3 relief sought in the counterclaim or against the 4 third party defendant, less the amount of the 5 appearance fee, if that has been paid. 6 (s) Transcript of Judgment 7 From a court, the same fee as if case 8 originally filed. 9 (t) Publications 10 The cost of publication shall be paid directly 11 to the publisher by the person seeking the 12 publication, whether the clerk is required by law 13 to publish, or the parties to the action. 14 (u) Collections 15 (1) For all collections made for others, 16 except the State and County and except in 17 maintenance or child support cases, a sum equal to 18 2% of the amount collected and turned over. 19 (2) In any cases remanded to the Circuit 20 Court from the Supreme Court or the Appellate 21 Court, the Clerk shall file the remanding order and 22 reinstate the case with either its original number 23 or a new number. The Clerk shall not charge any 24 new or additional fee for the reinstatement. Upon 25 reinstatement the Clerk shall advise the parties of 26 the reinstatement. A party shall have the same 27 right to a jury trial on remand and reinstatement 28 as he or she had before the appeal, and no 29 additional or new fee or charge shall be made for a 30 jury trial after remand. 31 (3) In maintenance and child support matters, 32 the Clerk may deduct from each payment an amount 33 equal to the United States postage to be used in 34 mailing the maintenance or child support check to HB2846 Engrossed -8- LRB9105359LDmb 1 the recipient. In such cases, the Clerk shall 2 collect an annual fee of up to $36 from the person 3 making such payment for maintaining child support 4 records and the processing of support orders to the 5 State of Illinois KIDS system and the recording of 6 payments issued by the State Disbursement Unit for 7 the official record of the Courtadministering the8collection and distribution of maintenance and9child support payments. Such sum shall be in 10 addition to and separate from amounts ordered to be 11 paid as maintenance or child support and shall be 12 deposited in a separate Maintenance and Child 13 Support Collection Fund of which the Clerk shall be 14 the custodian, ex officio, to be used by the Clerk 15 to maintain child support orders and record all 16 payments issued by the State Disbursement Unit for 17 the official record of the Courtfurther18maintenance and child support collection efforts in19his office. Unless paid in cash or pursuant to an 20 order for withholding, the payment of the fee shall 21 be by a separate instrument from the support 22 payment and shall be made to the order of the 23 Clerk. The Clerk may recover from the person making 24 the maintenance or child support payment any 25 additional cost incurred in the collection of this 26 annual fee. 27 The Clerk shall also be entitled to a fee of 28 $5 for certifications made to the Secretary of 29 State as provided in Section 7-703 of the Family 30 Financial Responsibility Law and these fees shall 31 also be deposited into the Separate Maintenance and 32 Child Support Collection Fund. 33 (v) Correction of Cases 34 For correcting the case number or case title HB2846 Engrossed -9- LRB9105359LDmb 1 on any document filed in his office, to be charged 2 against the party that filed the document.......... $10 3 (w) Record Search 4 For searching a record, per year searched..... $4 5 (x) Printed Output 6 For each page of hard copy print output, when 7 case records are maintained on an automated medium. $2 8 (y) Alias Summons 9 For each alias summons issued................. $2 10 (z) Expungement of Records 11 For each expungement petition filed........... $15 12 (aa) Other Fees 13 Any fees not covered by this Section shall be set by 14 rule or administrative order of the Circuit Court, with 15 the approval of the Supreme Court. 16 (bb) Exemptions 17 No fee provided for herein shall be charged to any 18 unit of State or local government or school district 19 unless the Court orders another party to pay such fee on 20 its behalf. The fee requirements of this Section shall 21 not apply to police departments or other law enforcement 22 agencies. In this Section, "law enforcement agency" 23 means an agency of the State or a unit of local 24 government that is vested by law or ordinance with the 25 duty to maintain public order and to enforce criminal 26 laws and ordinances. The fee requirements of this Section 27 shall not apply to any action instituted under subsection 28 (b) of Section 11-31-1 of the Illinois Municipal Code by 29 a private owner or tenant of real property within 1200 30 feet of a dangerous or unsafe building seeking an order 31 compelling the owner or owners of the building to take 32 any of the actions authorized under that subsection. 33 (cc) Adoptions 34 (1) For an adoption.............................$65 HB2846 Engrossed -10- LRB9105359LDmb 1 (2) Upon good cause shown, the court may waive the 2 adoption filing fee in a special needs adoption. The 3 term "special needs adoption" shall have the meaning 4 ascribed to it by the Illinois Department of Children and 5 Family Services. 6 (dd) Adoption exemptions 7 No fee other than that set forth in subsection (cc) 8 shall be charged to any person in connection with an 9 adoption proceeding. 10 (ee) Additional Services 11 Beginning July 1, 1993, the clerk of the circuit 12 court may provide such additional services for which 13 there is no fee specified by statute in connection with 14 the operation of the clerk's office as may be requested 15 by the public and agreed to by the public and by the 16 clerk and approved by the chief judge of the circuit 17 court. Any charges for additional services shall be as 18 agreed to between the clerk and the party making the 19 request and approved by the chief judge of the circuit 20 court.Nothing in this subsection shall be as agreed to21between the clerk and the party making the request.22 Nothing in this subsection shall be construed to require 23 any clerk to provide any service not otherwise required 24 by law. 25 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 26 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised 27 12-31-98.) 28 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 29 Sec. 27.1a. The fees of the clerks of the circuit court 30 in all counties having a population in excess of 180,000 but 31 not more than 650,000 inhabitants in the instances described 32 in this Section shall be as provided in this Section. The 33 fees shall be paid in advance and shall be as follows: HB2846 Engrossed -11- LRB9105359LDmb 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 $150. 5 (A) When the amount of money or damages or the 6 value of personal property claimed does not exceed 7 $250, $10. 8 (B) When that amount exceeds $250 but does not 9 exceed $500, $20. 10 (C) When that amount exceeds $500 but does not 11 exceed $2500, $30. 12 (D) When that amount exceeds $2500 but does 13 not exceed $15,000, $75. 14 (E) For the exercise of eminent domain, $150. 15 For each additional lot or tract of land or right or 16 interest therein subject to be condemned, the 17 damages in respect to which shall require separate 18 assessment by a jury, $150. 19 (a-1) Family. 20 For filing a petition under the Juvenile Court Act 21 of 1987, $25. 22 For filing a petition for a marriage license, $10. 23 For performing a marriage in court, $10. 24 For filing a petition under the Illinois Parentage 25 Act of 1984, $40. 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, $40. 31 When the plaintiff unites his or her claim for possession 32 with a claim for rent or damages or both exceeding 33 $15,000, $150. 34 (c) Counterclaim or Joining Third Party Defendant. HB2846 Engrossed -12- LRB9105359LDmb 1 When any defendant files a counterclaim as part of 2 his or her answer or otherwise or joins another party as 3 a third party defendant, or both, the defendant shall pay 4 a fee for each counterclaim or third party action in an 5 amount equal to the fee he or she would have had to pay 6 had he or she brought a separate action for the relief 7 sought in the counterclaim or against the third party 8 defendant, less the amount of the appearance fee, if that 9 has been paid. 10 (d) Confession of Judgment. 11 In a confession of judgment when the amount does not 12 exceed $1500, $50. When the amount exceeds $1500, but 13 does not exceed $15,000, $115. When the amount exceeds 14 $15,000, $200. 15 (e) Appearance. 16 The fee for filing an appearance in each civil case 17 shall be $50, except as follows: 18 (A) When the plaintiff in a forcible entry and 19 detainer case seeks possession only, $20. 20 (B) When the amount in the case does not 21 exceed $1500, $20. 22 (C) When that amount exceeds $1500 but does 23 not exceed $15,000, $40. 24 (f) Garnishment, Wage Deduction, and Citation. 25 In garnishment affidavit, wage deduction affidavit, 26 and citation petition when the amount does not exceed 27 $1,000, $10; when the amount exceeds $1,000 but does not 28 exceed $5,000, $20; and when the amount exceeds $5,000, 29 $30. 30 (g) Petition to Vacate or Modify. 31 (1) Petition to vacate or modify any final judgment 32 or order of court, except in forcible entry and detainer 33 cases and small claims cases or a petition to reopen an 34 estate, to modify, terminate, or enforce a judgment or HB2846 Engrossed -13- LRB9105359LDmb 1 order for child or spousal support, or to modify, 2 suspend, or terminate an order for withholding, if filed 3 before 30 days after the entry of the judgment or order, 4 $40. 5 (2) Petition to vacate or modify any final judgment 6 or order of court, except a petition to modify, 7 terminate, or enforce a judgment or order for child or 8 spousal support or to modify, suspend, or terminate an 9 order for withholding, if filed later than 30 days after 10 the entry of the judgment or order, $60. 11 (3) Petition to vacate order of bond forfeiture, 12 $20. 13 (h) Mailing. 14 When the clerk is required to mail, the fee will be 15 $6, plus the cost of postage. 16 (i) Certified Copies. 17 Each certified copy of a judgment after the first, 18 except in small claims and forcible entry and detainer 19 cases, $10. 20 (j) Habeas Corpus. 21 For filing a petition for relief by habeas corpus, 22 $80. 23 (k) Certification, Authentication, and Reproduction. 24 (1) Each certification or authentication for taking 25 the acknowledgment of a deed or other instrument in 26 writing with the seal of office, $4. 27 (2) Court appeals when original documents are 28 forwarded, under 100 pages, plus delivery and costs, $50. 29 (3) Court appeals when original documents are 30 forwarded, over 100 pages, plus delivery and costs, $120. 31 (4) Court appeals when original documents are 32 forwarded, over 200 pages, an additional fee of 20 cents 33 per page. 34 (5) For reproduction of any document contained in HB2846 Engrossed -14- LRB9105359LDmb 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. The 10 Clerk shall not charge any new or additional fee for the 11 reinstatement. Upon reinstatement the Clerk shall advise 12 the parties of the reinstatement. A party shall have the 13 same right to a jury trial on remand and reinstatement as 14 he or she had before the appeal, and no additional or new 15 fee or charge shall be made for a jury trial after 16 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 $4 for each year searched. 21 (n) Hard Copy. 22 For each page of hard copy print output, when case 23 records are maintained on an automated medium, the clerk 24 shall be entitled to a fee of $4. 25 (o) Index Inquiry and Other Records. 26 No fee shall be charged for a single 27 plaintiff/defendant index inquiry or single case record 28 inquiry when this request is made in person and the 29 records are maintained in a current automated medium, and 30 when no hard copy print output is requested. The fees to 31 be charged for management records, multiple case records, 32 and multiple journal records may be specified by the 33 Chief Judge pursuant to the guidelines for access and 34 dissemination of information approved by the Supreme HB2846 Engrossed -15- LRB9105359LDmb 1 Court. 2 (p) Commitment Petitions. 3 For filing commitment petitions under the Mental 4 Health and Developmental Disabilities Code and for filing 5 a transcript of commitment proceedings held in another 6 county, $25. 7 (q) Alias Summons. 8 For each alias summons or citation issued by the 9 clerk, $4. 10 (r) Other Fees. 11 Any fees not covered in this Section shall be set by 12 rule or administrative order of the Circuit Court with 13 the approval of the Administrative Office of the Illinois 14 Courts. 15 The clerk of the circuit court may provide 16 additional services for which there is no fee specified 17 by statute in connection with the operation of the 18 clerk's office as may be requested by the public and 19 agreed to by the clerk and approved by the chief judge of 20 the circuit court. Any charges for additional services 21 shall be as agreed to between the clerk and the party 22 making the request and approved by the chief judge of the 23 circuit court. Nothing in this subsection shall be 24 construed to require any clerk to provide any service not 25 otherwise required by law. 26 (s) Jury Services. 27 The clerk shall be entitled to receive, in addition 28 to other fees allowed by law, the sum of $180, as a fee 29 for the services of a jury in every civil action not 30 quasi-criminal in its nature and not a proceeding for the 31 exercise of the right of eminent domain and in every 32 other action wherein the right of trial by jury is or may 33 be given by law. The jury fee shall be paid by the party 34 demanding a jury at the time of filing the jury demand. HB2846 Engrossed -16- LRB9105359LDmb 1 If the fee is not paid by either party, no jury shall be 2 called in the action or proceeding, and the same shall be 3 tried by the court without a jury. 4 (t) Voluntary Assignment. 5 For filing each deed of voluntary assignment, $10; 6 for recording the same, 25¢ for each 100 words. 7 Exceptions filed to claims presented to an assignee of a 8 debtor who has made a voluntary assignment for the 9 benefit of creditors shall be considered and treated, for 10 the purpose of taxing costs therein, as actions in which 11 the party or parties filing the exceptions shall be 12 considered as party or parties plaintiff, and the 13 claimant or claimants as party or parties defendant, and 14 those parties respectively shall pay to the clerk the 15 same fees as provided by this Section to be paid in other 16 actions. 17 (u) Expungement Petition. 18 The clerk shall be entitled to receive a fee of $30 19 for each expungement petition filed and an additional fee 20 of $2 for each certified copy of an order to expunge 21 arrest records. 22 (v) Probate. 23 The clerk is entitled to receive the fees specified in 24 this subsection (v), which shall be paid in advance, except 25 that, for good cause shown, the court may suspend, reduce, or 26 release the costs payable under this subsection: 27 (1) For administration of the estate of a decedent 28 (whether testate or intestate) or of a missing person, 29 $100, plus the fees specified in subsection (v)(3), 30 except: 31 (A) When the value of the real and personal 32 property does not exceed $15,000, the fee shall be 33 $25. 34 (B) When (i) proof of heirship alone is made, HB2846 Engrossed -17- LRB9105359LDmb 1 (ii) a domestic or foreign will is admitted to 2 probate without administration (including proof of 3 heirship), or (iii) letters of office are issued for 4 a particular purpose without administration of the 5 estate, the fee shall be $25. 6 (2) For administration of the estate of a ward, 7 $50, plus the fees specified in subsection (v)(3), 8 except: 9 (A) When the value of the real and personal 10 property does not exceed $15,000, the fee shall be 11 $25. 12 (B) When (i) letters of office are issued to a 13 guardian of the person or persons, but not of the 14 estate or (ii) letters of office are issued in the 15 estate of a ward without administration of the 16 estate, including filing or joining in the filing of 17 a tax return or releasing a mortgage or consenting 18 to the marriage of the ward, the fee shall be $10. 19 (3) In addition to the fees payable under 20 subsection (v)(1) or (v)(2) of this Section, the 21 following fees are payable: 22 (A) For each account (other than one final 23 account) filed in the estate of a decedent, or ward, 24 $15. 25 (B) For filing a claim in an estate when the 26 amount claimed is $150 or more but less than $500, 27 $10; when the amount claimed is $500 or more but 28 less than $10,000, $25; when the amount claimed is 29 $10,000 or more, $40; provided that the court in 30 allowing a claim may add to the amount allowed the 31 filing fee paid by the claimant. 32 (C) For filing in an estate a claim, petition, 33 or supplemental proceeding based upon an action 34 seeking equitable relief including the construction HB2846 Engrossed -18- LRB9105359LDmb 1 or contest of a will, enforcement of a contract to 2 make a will, and proceedings involving testamentary 3 trusts or the appointment of testamentary trustees, 4 $40. 5 (D) For filing in an estate (i) the appearance 6 of any person for the purpose of consent or (ii) the 7 appearance of an executor, administrator, 8 administrator to collect, guardian, guardian ad 9 litem, or special administrator, no fee. 10 (E) Except as provided in subsection 11 (v)(3)(D), for filing the appearance of any person 12 or persons, $10. 13 (F) For each jury demand, $90. 14 (G) For disposition of the collection of a 15 judgment or settlement of an action or claim for 16 wrongful death of a decedent or of any cause of 17 action of a ward, when there is no other 18 administration of the estate, $30, less any amount 19 paid under subsection (v)(1)(B) or (v)(2)(B) except 20 that if the amount involved does not exceed $5,000, 21 the fee, including any amount paid under subsection 22 (v)(1)(B) or (v)(2)(B), shall be $10. 23 (H) For each certified copy of letters of 24 office, of court order or other certification, $1, 25 plus 50¢ per page in excess of 3 pages for the 26 document certified. 27 (I) For each exemplification, $1, plus the fee 28 for certification. 29 (4) The executor, administrator, guardian, 30 petitioner, or other interested person or his or her 31 attorney shall pay the cost of publication by the clerk 32 directly to the newspaper. 33 (5) The person on whose behalf a charge is incurred 34 for witness, court reporter, appraiser, or other HB2846 Engrossed -19- LRB9105359LDmb 1 miscellaneous fee shall pay the same directly to the 2 person entitled thereto. 3 (6) The executor, administrator, guardian, 4 petitioner, or other interested person or his or her 5 attorney shall pay to the clerk all postage charges 6 incurred by the clerk in mailing petitions, orders, 7 notices, or other documents pursuant to the provisions of 8 the Probate Act of 1975. 9 (w) Criminal and Quasi-Criminal Costs and Fees. 10 (1) The clerk shall be entitled to costs in all 11 criminal and quasi-criminal cases from each person 12 convicted or sentenced to supervision therein as follows: 13 (A) Felony complaints, $80. 14 (B) Misdemeanor complaints, $50. 15 (C) Business offense complaints, $50. 16 (D) Petty offense complaints, $50. 17 (E) Minor traffic or ordinance violations, 18 $20. 19 (F) When court appearance required, $30. 20 (G) Motions to vacate or amend final orders, 21 $20. 22 (H) Motions to vacate bond forfeiture orders, 23 $20. 24 (I) Motions to vacate ex parte judgments, 25 whenever filed, $20. 26 (J) Motions to vacate judgment on forfeitures, 27 whenever filed, $20. 28 (K) Motions to vacate "failure to appear" or 29 "failure to comply" notices sent to the Secretary of 30 State, $20. 31 (2) In counties having a population in excess of 32 180,000 but not more than 650,000 inhabitants, when the 33 violation complaint is issued by a municipal police 34 department, the clerk shall be entitled to costs from HB2846 Engrossed -20- LRB9105359LDmb 1 each person convicted therein as follows: 2 (A) Minor traffic or ordinance violations, 3 $10. 4 (B) When court appearance required, $15. 5 (3) In ordinance violation cases punishable by fine 6 only, the clerk of the circuit court shall be entitled to 7 receive, unless the fee is excused upon a finding by the 8 court that the defendant is indigent, in addition to 9 other fees or costs allowed or imposed by law, the sum of 10 $50 as a fee for the services of a jury. The jury fee 11 shall be paid by the defendant at the time of filing his 12 or her jury demand. If the fee is not so paid by the 13 defendant, no jury shall be called, and the case shall be 14 tried by the court without a jury. 15 (x) Transcripts of Judgment. 16 For the filing of a transcript of judgment, the 17 clerk shall be entitled to the same fee as if it were the 18 commencement of a new suit. 19 (y) Change of Venue. 20 (1) For the filing of a change of case on a change 21 of venue, the clerk shall be entitled to the same fee as 22 if it were the commencement of a new suit. 23 (2) The fee for the preparation and certification 24 of a record on a change of venue to another jurisdiction, 25 when original documents are forwarded, $25. 26 (z) Tax objection complaints. 27 For each tax objection complaint containing one or 28 more tax objections, regardless of the number of parcels 29 involved or the number of taxpayers joining on the 30 complaint, $25. 31 (aa) Tax Deeds. 32 (1) Petition for tax deed, if only one parcel is 33 involved, $150. 34 (2) For each additional parcel, add a fee of $50. HB2846 Engrossed -21- LRB9105359LDmb 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 2.5% of the amount 5 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 Courtadministering the collection and distribution of20maintenance and child support payments. This fee shall 21 be in addition to and separate from amounts ordered to be 22 paid as maintenance or child support and shall be 23 deposited into a Separate Maintenance and Child Support 24 Collection Fund, of which the clerk shall be the 25 custodian, ex-officio, to be used by the clerk to 26 maintain child support orders and record all payments 27 issued by the State Disbursement Unit for the official 28 record of the Courtfurther maintenance and child29supports in his or her office. The clerk may recover from 30 the person making the maintenance or child support 31 payment any additional cost incurred in the collection 32 of this annual fee. 33 The clerk shall also be entitled to a fee of $5 for 34 certifications made to the Secretary of State as provided HB2846 Engrossed -22- LRB9105359LDmb 1 in Section 7-703 of the Family Financial Responsibility 2 Law and these fees shall also be deposited into the 3 Separate Maintenance and Child Support Collection Fund. 4 (cc) Corrections of Numbers. 5 For correction of the case number, case title, or 6 attorney computer identification number, if required by 7 rule of court, on any document filed in the clerk's 8 office, to be charged against the party that filed the 9 document, $15. 10 (dd) Exceptions. 11 (1) The fee requirements of this Section shall not 12 apply to police departments or other law enforcement 13 agencies. In this Section, "law enforcement agency" 14 means an agency of the State or a unit of local 15 government which is vested by law or ordinance with the 16 duty to maintain public order and to enforce criminal 17 laws or ordinances. "Law enforcement agency" also means 18 the Attorney General or any state's attorney. 19 (2) No fee provided herein shall be charged to any 20 unit of local government or school district. 21 (3) The fee requirements of this Section shall not 22 apply to any action instituted under subsection (b) of 23 Section 11-31-1 of the Illinois Municipal Code by a 24 private owner or tenant of real property within 1200 feet 25 of a dangerous or unsafe building seeking an order 26 compelling the owner or owners of the building to take 27 any of the actions authorized under that subsection. 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. HB2846 Engrossed -23- LRB9105359LDmb 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. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 6 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 7 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 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 32 damages in respect to which shall require separate 33 assessment by a jury, $150. HB2846 Engrossed -24- LRB9105359LDmb 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, HB2846 Engrossed -25- LRB9105359LDmb 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 HB2846 Engrossed -26- LRB9105359LDmb 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. 19 The Clerk shall not charge any new or additional fee for 20 the reinstatement. Upon reinstatement the Clerk shall 21 advise the parties of the reinstatement. A party shall 22 have the same right to a jury trial on remand and 23 reinstatement as he or she had before the appeal, and no 24 additional or new fee or charge shall be made for a jury 25 trial after 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. HB2846 Engrossed -27- LRB9105359LDmb 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) Commitment Petitions. 12 For filing commitment petitions under the Mental 13 Health and Developmental Disabilities Code, $25. 14 (q) Alias Summons. 15 For each alias summons or citation issued by the 16 clerk, $4. 17 (r) Other Fees. 18 Any fees not covered in this Section shall be set by 19 rule or administrative order of the Circuit Court with 20 the approval of the Administrative Office of the Illinois 21 Courts. 22 The clerk of the circuit court may provide 23 additional services for which there is no fee specified 24 by statute in connection with the operation of the 25 clerk's office as may be requested by the public and 26 agreed to by the clerk and approved by the chief judge of 27 the circuit court. Any charges for additional services 28 shall be as agreed to between the clerk and the party 29 making the request and approved by the chief judge of the 30 circuit court. Nothing in this subsection shall be 31 construed to require any clerk to provide any service not 32 otherwise required by law. 33 (s) Jury Services. 34 The clerk shall be entitled to receive, in addition HB2846 Engrossed -28- LRB9105359LDmb 1 to other fees allowed by law, the sum of $180, as a fee 2 for the services of a jury in every civil action not 3 quasi-criminal in its nature and not a proceeding for the 4 exercise of the right of eminent domain and in every 5 other action wherein the right of trial by jury is or may 6 be given by law. The jury fee shall be paid by the party 7 demanding a jury at the time of filing the jury demand. 8 If the fee is not paid by either party, no jury shall be 9 called in the action or proceeding, and the same shall be 10 tried by the court without a jury. 11 (t) Voluntary Assignment. 12 For filing each deed of voluntary assignment, $10; 13 for recording the same, 25¢ for each 100 words. 14 Exceptions filed to claims presented to an assignee of a 15 debtor who has made a voluntary assignment for the 16 benefit of creditors shall be considered and treated, for 17 the purpose of taxing costs therein, as actions in which 18 the party or parties filing the exceptions shall be 19 considered as party or parties plaintiff, and the 20 claimant or claimants as party or parties defendant, and 21 those parties respectively shall pay to the clerk the 22 same fees as provided by this Section to be paid in other 23 actions. 24 (u) Expungement Petition. 25 The clerk shall be entitled to receive a fee of $30 26 for each expungement petition filed and an additional fee 27 of $2 for each certified copy of an order to expunge 28 arrest records. 29 (v) Probate. 30 The clerk is entitled to receive the fees specified in 31 this subsection (v), which shall be paid in advance, except 32 that, for good cause shown, the court may suspend, reduce, or 33 release the costs payable under this subsection: 34 (1) For administration of the estate of a decedent HB2846 Engrossed -29- LRB9105359LDmb 1 (whether testate or intestate) or of a missing person, 2 $100, plus the fees specified in subsection (v)(3), 3 except: 4 (A) When the value of the real and personal 5 property does not exceed $15,000, the fee shall be 6 $25. 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 $25. 13 (2) For administration of the estate of a ward, 14 $50, plus the fees specified in subsection (v)(3), 15 except: 16 (A) When the value of the real and personal 17 property does not exceed $15,000, the fee shall be 18 $25. 19 (B) When (i) letters of office are issued to a 20 guardian of the person or persons, but not of the 21 estate or (ii) letters of office are issued in the 22 estate of a ward without administration of the 23 estate, including filing or joining in the filing of 24 a tax return or releasing a mortgage or consenting 25 to the marriage of the ward, the fee shall be $10. 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 $15. 32 (B) For filing a claim in an estate when the 33 amount claimed is $150 or more but less than $500, 34 $10; when the amount claimed is $500 or more but HB2846 Engrossed -30- LRB9105359LDmb 1 less than $10,000, $25; when the amount claimed is 2 $10,000 or more, $40; provided that the court in 3 allowing a claim may add to the amount allowed the 4 filing fee paid by the claimant. 5 (C) For filing in an estate a claim, petition, 6 or supplemental proceeding based upon an action 7 seeking equitable relief including the construction 8 or contest of a will, enforcement of a contract to 9 make a will, and proceedings involving testamentary 10 trusts or the appointment of testamentary trustees, 11 $40. 12 (D) For filing in an estate (i) the appearance 13 of any person for the purpose of consent or (ii) the 14 appearance of an executor, administrator, 15 administrator to collect, guardian, guardian ad 16 litem, or special administrator, no fee. 17 (E) Except as provided in subsection 18 (v)(3)(D), for filing the appearance of any person 19 or persons, $10. 20 (F) For each jury demand, $90. 21 (G) For disposition of the collection of a 22 judgment or settlement of an action or claim for 23 wrongful death of a decedent or of any cause of 24 action of a ward, when there is no other 25 administration of the estate, $30, less any amount 26 paid under subsection (v)(1)(B) or (v)(2)(B) except 27 that if the amount involved does not exceed $5,000, 28 the fee, including any amount paid under subsection 29 (v)(1)(B) or (v)(2)(B), shall be $10. 30 (H) For each certified copy of letters of 31 office, of court order or other certification, $1, 32 plus 50¢ per page in excess of 3 pages for the 33 document certified. 34 (I) For each exemplification, $1, plus the fee HB2846 Engrossed -31- LRB9105359LDmb 1 for certification. 2 (4) The executor, administrator, guardian, 3 petitioner, or other interested person or his or her 4 attorney shall pay the cost of publication by the clerk 5 directly to the newspaper. 6 (5) The person on whose behalf a charge is incurred 7 for witness, court reporter, appraiser, or other 8 miscellaneous fee shall pay the same directly to the 9 person entitled thereto. 10 (6) The executor, administrator, guardian, 11 petitioner, or other interested person or his attorney 12 shall pay to the clerk all postage charges incurred by 13 the clerk in mailing petitions, orders, notices, or other 14 documents pursuant to the provisions of the Probate Act 15 of 1975. 16 (w) Criminal and Quasi-Criminal Costs and Fees. 17 (1) The clerk shall be entitled to costs in all 18 criminal and quasi-criminal cases from each person 19 convicted or sentenced to supervision therein as follows: 20 (A) Felony complaints, $80. 21 (B) Misdemeanor complaints, $50. 22 (C) Business offense complaints, $50. 23 (D) Petty offense complaints, $50. 24 (E) Minor traffic or ordinance violations, 25 $20. 26 (F) When court appearance required, $30. 27 (G) Motions to vacate or amend final orders, 28 $20. 29 (H) Motions to vacate bond forfeiture orders, 30 $20. 31 (I) Motions to vacate ex parte judgments, 32 whenever filed, $20. 33 (J) Motions to vacate judgment on forfeitures, 34 whenever filed, $20. HB2846 Engrossed -32- LRB9105359LDmb 1 (K) Motions to vacate "failure to appear" or 2 "failure to comply" notices sent to the Secretary of 3 State, $20. 4 (2) In counties having a population of more than 5 650,000 but fewer than 3,000,000 inhabitants, when the 6 violation complaint is issued by a municipal police 7 department, the clerk shall be entitled to costs from 8 each person convicted therein as follows: 9 (A) Minor traffic or ordinance violations, 10 $10. 11 (B) When court appearance required, $15. 12 (3) In ordinance violation cases punishable by fine 13 only, the clerk of the circuit court shall be entitled to 14 receive, unless the fee is excused upon a finding by the 15 court that the defendant is indigent, in addition to 16 other fees or costs allowed or imposed by law, the sum of 17 $50 as a fee for the services of a jury. The jury fee 18 shall be paid by the defendant at the time of filing his 19 or her jury demand. If the fee is not so paid by the 20 defendant, no jury shall be called, and the case shall be 21 tried by the court without a jury. 22 (x) Transcripts of Judgment. 23 For the filing of a transcript of judgment, the 24 clerk shall be entitled to the same fee as if it were the 25 commencement of new suit. 26 (y) Change of Venue. 27 (1) For the filing of a change of case on a change 28 of venue, the clerk shall be entitled to the same fee as 29 if it were the commencement of a new suit. 30 (2) The fee for the preparation and certification 31 of a record on a change of venue to another jurisdiction, 32 when original documents are forwarded, $25. 33 (z) Tax objection complaints. 34 For each tax objection complaint containing one or HB2846 Engrossed -33- LRB9105359LDmb 1 more tax objections, regardless of the number of parcels 2 involved or the number of taxpayers joining in the 3 complaint, $25. 4 (aa) Tax Deeds. 5 (1) Petition for tax deed, if only one parcel is 6 involved, $150. 7 (2) For each additional parcel, add a fee of $50. 8 (bb) Collections. 9 (1) For all collections made of others, except the 10 State and county and except in maintenance or child 11 support cases, a sum equal to 2.5% of the amount 12 collected and turned over. 13 (2) Interest earned on any funds held by the clerk 14 shall be turned over to the county general fund as an 15 earning of the office. 16 (3) For any check, draft, or other bank instrument 17 returned to the clerk for non-sufficient funds, account 18 closed, or payment stopped, $25. 19 (4) In child support and maintenance cases, the 20 clerk, if authorized by an ordinance of the county board, 21 may collect an annual fee of up to $36 from the person 22 making payment for maintaining child support records and 23 the processing of support orders to the State of Illinois 24 KIDS system and the recording of payments issued by the 25 State Disbursement Unit for the official record of the 26 Courtadministering the collection and distribution of27maintenance and child support payments. This fee shall 28 be in addition to and separate from amounts ordered to be 29 paid as maintenance or child support and shall be 30 deposited into a Separate Maintenance and Child Support 31 Collection Fund, of which the clerk shall be the 32 custodian, ex-officio, to be used by the clerk to 33 maintain child support orders and record all payments 34 issued by the State Disbursement Unit for the official HB2846 Engrossed -34- LRB9105359LDmb 1 record of the Courtfurther maintenance and child2supports in his or her office. The clerk may recover from 3 the person making the maintenance or child support 4 payment any additional cost incurred in the collection of 5 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 The fee requirements of this Section shall not apply 19 to police departments or other law enforcement agencies. 20 In this Section, "law enforcement agency" means an agency 21 of the State or a unit of local government which is 22 vested by law or ordinance with the duty to maintain 23 public order and to enforce criminal laws or ordinances. 24 "Law enforcement agency" also means the Attorney General 25 or any state's attorney. The fee requirements of this 26 Section shall not apply to any action instituted under 27 subsection (b) of Section 11-31-1 of the Illinois 28 Municipal Code by a private owner or tenant of real 29 property within 1200 feet of a dangerous or unsafe 30 building seeking an order compelling the owner or owners 31 of the building to take any of the actions authorized 32 under that subsection. 33 (ee) Adoptions. 34 (1) For an adoption.............................$65 HB2846 Engrossed -35- LRB9105359LDmb 1 (2) Upon good cause shown, the court may waive the 2 adoption filing fee in a special needs adoption. The 3 term "special needs adoption" shall have the meaning 4 ascribed to it by the Illinois Department of Children and 5 Family Services. 6 (ff) Adoption exemptions. 7 No fee other than that set forth in subsection (ee) 8 shall be charged to any person in connection with an 9 adoption proceeding. 10 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 11 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 12 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 13 Sec. 27.2a. The fees of the clerks of the circuit court 14 in all counties having a population of 3,000,000 or more 15 inhabitants in the instances described in this Section shall 16 be as provided in this Section. The fees shall be paid in 17 advance and shall be as follows: 18 (a) Civil Cases. 19 The fee for filing a complaint, petition, or other 20 pleading initiating a civil action, with the following 21 exceptions, shall be $190. 22 (A) When the amount of money or damages or the 23 value of personal property claimed does not exceed 24 $250, $15. 25 (B) When that amount exceeds $250 but does not 26 exceed $1000, $40. 27 (C) When that amount exceeds $1000 but does 28 not exceed $2500, $50. 29 (D) When that amount exceeds $2500 but does 30 not exceed $5000, $100. 31 (E) When that amount exceeds $5000 but does 32 not exceed $15,000, $150. 33 (F) For the exercise of eminent domain, $150. HB2846 Engrossed -36- LRB9105359LDmb 1 For each additional lot or tract of land or right or 2 interest therein subject to be condemned, the 3 damages in respect to which shall require separate 4 assessment by a jury, $150. 5 (b) Forcible Entry and Detainer. 6 In each forcible entry and detainer case when the 7 plaintiff seeks possession only or unites with his or her 8 claim for possession of the property a claim for rent or 9 damages or both in the amount of $15,000 or less, $75. 10 When the plaintiff unites his or her claim for possession 11 with a claim for rent or damages or both exceeding 12 $15,000, $225. 13 (c) Counterclaim or Joining Third Party Defendant. 14 When any defendant files a counterclaim as part of 15 his or her answer or otherwise or joins another party as 16 a third party defendant, or both, the defendant shall pay 17 a fee for each counterclaim or third party action in an 18 amount equal to the fee he or she would have had to pay 19 had he or she brought a separate action for the relief 20 sought in the counterclaim or against the third party 21 defendant, less the amount of the appearance fee, if that 22 has been paid. 23 (d) Confession of Judgment. 24 In a confession of judgment when the amount does not 25 exceed $1500, $60. When the amount exceeds $1500, but 26 does not exceed $5000, $75. When the amount exceeds 27 $5000, but does not exceed $15,000, $175. When the amount 28 exceeds $15,000, $250. 29 (e) Appearance. 30 The fee for filing an appearance in each civil case 31 shall be $75, except as follows: 32 (A) When the plaintiff in a forcible entry and 33 detainer case seeks possession only, $40. 34 (B) When the amount in the case does not HB2846 Engrossed -37- LRB9105359LDmb 1 exceed $1500, $40. 2 (C) When that amount exceeds $1500 but does 3 not exceed $15,000, $60. 4 (f) Garnishment, Wage Deduction, and Citation. 5 In garnishment affidavit, wage deduction affidavit, 6 and citation petition when the amount does not exceed 7 $1,000, $15; when the amount exceeds $1,000 but does not 8 exceed $5,000, $30; and when the amount exceeds $5,000, 9 $50. 10 (g) Petition to Vacate or Modify. 11 (1) Petition to vacate or modify any final judgment 12 or order of court, except in forcible entry and detainer 13 cases and small claims cases or a petition to reopen an 14 estate, to modify, terminate, or enforce a judgment or 15 order for child or spousal support, or to modify, 16 suspend, or terminate an order for withholding, if filed 17 before 30 days after the entry of the judgment or order, 18 $50. 19 (2) Petition to vacate or modify any final judgment 20 or order of court, except a petition to modify, 21 terminate, or enforce a judgment or order for child or 22 spousal support or to modify, suspend, or terminate an 23 order for withholding, if filed later than 30 days after 24 the entry of the judgment or order, $75. 25 (3) Petition to vacate order of bond forfeiture, 26 $40. 27 (h) Mailing. 28 When the clerk is required to mail, the fee will be 29 $10, plus the cost of postage. 30 (i) Certified Copies. 31 Each certified copy of a judgment after the first, 32 except in small claims and forcible entry and detainer 33 cases, $15. 34 (j) Habeas Corpus. HB2846 Engrossed -38- LRB9105359LDmb 1 For filing a petition for relief by habeas corpus, 2 $125. 3 (k) Certification, Authentication, and Reproduction. 4 (1) Each certification or authentication for taking 5 the acknowledgment of a deed or other instrument in 6 writing with the seal of office, $6. 7 (2) Court appeals when original documents are 8 forwarded, under 100 pages, plus delivery and costs, $75. 9 (3) Court appeals when original documents are 10 forwarded, over 100 pages, plus delivery and costs, $150. 11 (4) Court appeals when original documents are 12 forwarded, over 200 pages, an additional fee of 25 cents 13 per page. 14 (5) For reproduction of any document contained in 15 the clerk's files: 16 (A) First page, $2. 17 (B) Next 19 pages, 50 cents per page. 18 (C) All remaining pages, 25 cents per page. 19 (l) Remands. 20 In any cases remanded to the Circuit Court from the 21 Supreme Court or the Appellate Court for a new trial, the 22 clerk shall file the remanding order and reinstate the 23 case with either its original number or a new number. 24 The Clerk shall not charge any new or additional fee for 25 the reinstatement. Upon reinstatement the Clerk shall 26 advise the parties of the reinstatement. A party shall 27 have the same right to a jury trial on remand and 28 reinstatement as he or she had before the appeal, and no 29 additional or new fee or charge shall be made for a jury 30 trial after remand. 31 (m) Record Search. 32 For each record search, within a division or 33 municipal district, the clerk shall be entitled to a 34 search fee of $6 for each year searched. HB2846 Engrossed -39- LRB9105359LDmb 1 (n) Hard Copy. 2 For each page of hard copy print output, when case 3 records are maintained on an automated medium, the clerk 4 shall be entitled to a fee of $6. 5 (o) Index Inquiry and Other Records. 6 No fee shall be charged for a single 7 plaintiff/defendant index inquiry or single case record 8 inquiry when this request is made in person and the 9 records are maintained in a current automated medium, and 10 when no hard copy print output is requested. The fees to 11 be charged for management records, multiple case records, 12 and multiple journal records may be specified by the 13 Chief Judge pursuant to the guidelines for access and 14 dissemination of information approved by the Supreme 15 Court. 16 (p) Commitment Petitions. 17 For filing commitment petitions under the Mental 18 Health and Developmental Disabilities Code, $50. 19 (q) Alias Summons. 20 For each alias summons or citation issued by the 21 clerk, $5. 22 (r) Other Fees. 23 Any fees not covered in this Section shall be set by 24 rule or administrative order of the Circuit Court with 25 the approval of the Administrative Office of the Illinois 26 Courts. 27 The clerk of the circuit court may provide 28 additional services for which there is no fee specified 29 by statute in connection with the operation of the 30 clerk's office as may be requested by the public and 31 agreed to by the clerk and approved by the chief judge of 32 the circuit court. Any charges for additional services 33 shall be as agreed to between the clerk and the party 34 making the request and approved by the chief judge of the HB2846 Engrossed -40- LRB9105359LDmb 1 circuit court. Nothing in this subsection shall be 2 construed to require any clerk to provide any service not 3 otherwise required by law. 4 (s) Jury Services. 5 The clerk shall be entitled to receive, in addition 6 to other fees allowed by law, the sum of $200, as a fee 7 for the services of a jury in every civil action not 8 quasi-criminal in its nature and not a proceeding for the 9 exercise of the right of eminent domain and in every 10 other action wherein the right of trial by jury is or may 11 be given by law. The jury fee shall be paid by the party 12 demanding a jury at the time of filing the jury demand. 13 If the fee is not paid by either party, no jury shall be 14 called in the action or proceeding, and the same shall be 15 tried by the court without a jury. 16 (t) Voluntary Assignment. 17 For filing each deed of voluntary assignment, $20; 18 for recording the same, 50¢ for each 100 words. 19 Exceptions filed to claims presented to an assignee of a 20 debtor who has made a voluntary assignment for the 21 benefit of creditors shall be considered and treated, for 22 the purpose of taxing costs therein, as actions in which 23 the party or parties filing the exceptions shall be 24 considered as party or parties plaintiff, and the 25 claimant or claimants as party or parties defendant, and 26 those parties respectively shall pay to the clerk the 27 same fees as provided by this Section to be paid in other 28 actions. 29 (u) Expungement Petition. 30 The clerk shall be entitled to receive a fee of $60 31 for each expungement petition filed and an additional fee 32 of $4 for each certified copy of an order to expunge 33 arrest records. 34 (v) Probate. HB2846 Engrossed -41- LRB9105359LDmb 1 The clerk is entitled to receive the fees specified in 2 this subsection (v), which shall be paid in advance, except 3 that, for good cause shown, the court may suspend, reduce, or 4 release the costs payable under this subsection: 5 (1) For administration of the estate of a decedent 6 (whether testate or intestate) or of a missing person, 7 $150, plus the fees specified in subsection (v)(3), 8 except: 9 (A) When the value of the real and personal 10 property does not exceed $15,000, the fee shall be 11 $40. 12 (B) When (i) proof of heirship alone is made, 13 (ii) a domestic or foreign will is admitted to 14 probate without administration (including proof of 15 heirship), or (iii) letters of office are issued for 16 a particular purpose without administration of the 17 estate, the fee shall be $40. 18 (2) For administration of the estate of a ward, 19 $75, plus the fees specified in subsection (v)(3), 20 except: 21 (A) When the value of the real and personal 22 property does not exceed $15,000, the fee shall be 23 $40. 24 (B) When (i) letters of office are issued to a 25 guardian of the person or persons, but not of the 26 estate or (ii) letters of office are issued in the 27 estate of a ward without administration of the 28 estate, including filing or joining in the filing of 29 a tax return or releasing a mortgage or consenting 30 to the marriage of the ward, the fee shall be $20. 31 (3) In addition to the fees payable under 32 subsection (v)(1) or (v)(2) of this Section, the 33 following fees are payable: 34 (A) For each account (other than one final HB2846 Engrossed -42- LRB9105359LDmb 1 account) filed in the estate of a decedent, or ward, 2 $25. 3 (B) For filing a claim in an estate when the 4 amount claimed is $150 or more but less than $500, 5 $20; when the amount claimed is $500 or more but 6 less than $10,000, $40; when the amount claimed is 7 $10,000 or more, $60; provided that the court in 8 allowing a claim may add to the amount allowed the 9 filing fee paid by the claimant. 10 (C) For filing in an estate a claim, petition, 11 or supplemental proceeding based upon an action 12 seeking equitable relief including the construction 13 or contest of a will, enforcement of a contract to 14 make a will, and proceedings involving testamentary 15 trusts or the appointment of testamentary trustees, 16 $60. 17 (D) For filing in an estate (i) the appearance 18 of any person for the purpose of consent or (ii) the 19 appearance of an executor, administrator, 20 administrator to collect, guardian, guardian ad 21 litem, or special administrator, no fee. 22 (E) Except as provided in subsection 23 (v)(3)(D), for filing the appearance of any person 24 or persons, $30. 25 (F) For each jury demand, $125. 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, $50, less any amount 31 paid under subsection (v)(1)(B) or (v)(2)(B) except 32 that if the amount involved does not exceed $5,000, 33 the fee, including any amount paid under subsection 34 (v)(1)(B) or (v)(2)(B), shall be $20. HB2846 Engrossed -43- LRB9105359LDmb 1 (H) For each certified copy of letters of 2 office, of court order or other certification, $2, 3 plus $1 per page in excess of 3 pages for the 4 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, $125. 26 (B) Misdemeanor complaints, $75. 27 (C) Business offense complaints, $75. 28 (D) Petty offense complaints, $75. 29 (E) Minor traffic or ordinance violations, 30 $30. 31 (F) When court appearance required, $50. 32 (G) Motions to vacate or amend final orders, 33 $40. 34 (H) Motions to vacate bond forfeiture orders, HB2846 Engrossed -44- LRB9105359LDmb 1 $30. 2 (I) Motions to vacate ex parte judgments, 3 whenever filed, $30. 4 (J) Motions to vacate judgment on forfeitures, 5 whenever filed, $25. 6 (K) Motions to vacate "failure to appear" or 7 "failure to comply" notices sent to the Secretary of 8 State, $40. 9 (2) In counties having a population of 3,000,000 or 10 more, when the violation complaint is issued by a 11 municipal police department, the clerk shall be entitled 12 to costs from each person convicted therein as follows: 13 (A) Minor traffic or ordinance violations, 14 $30. 15 (B) When court appearance required, $50. 16 (3) In ordinance violation cases punishable by fine 17 only, the clerk of the circuit court shall be entitled to 18 receive, unless the fee is excused upon a finding by the 19 court that the defendant is indigent, in addition to 20 other fees or costs allowed or imposed by law, the sum of 21 $100 as a fee for the services of a jury. The jury fee 22 shall be paid by the defendant at the time of filing his 23 or her jury demand. If the fee is not so paid by the 24 defendant, no jury shall be called, and the case shall be 25 tried by the court without a jury. 26 (x) Transcripts of Judgment. 27 For the filing of a transcript of judgment, the 28 clerk shall be entitled to the same fee as if it were the 29 commencement of a new suit. 30 (y) Change of Venue. 31 (1) For the filing of a change of case on a change 32 of venue, the clerk shall be entitled to the same fee as 33 if it were the commencement of a new suit. 34 (2) The fee for the preparation and certification HB2846 Engrossed -45- LRB9105359LDmb 1 of a record on a change of venue to another jurisdiction, 2 when original documents are forwarded, $40. 3 (z) Tax objection complaints. 4 For each tax objection complaint containing one or 5 more tax objections, regardless of the number of parcels 6 involved or the number of taxpayers joining in the 7 complaint, $50. 8 (aa) Tax Deeds. 9 (1) Petition for tax deed, if only one parcel is 10 involved, $250. 11 (2) For each additional parcel, add a fee of $100. 12 (bb) Collections. 13 (1) For all collections made of others, except the 14 State and county and except in maintenance or child 15 support cases, a sum equal to 3.0% of the amount 16 collected and turned over. 17 (2) Interest earned on any funds held by the clerk 18 shall be turned over to the county general fund as an 19 earning of the office. 20 (3) For any check, draft, or other bank instrument 21 returned to the clerk for non-sufficient funds, account 22 closed, or payment stopped, $25. 23 (4) In child support and maintenance cases, the 24 clerk, if authorized by an ordinance of the county board, 25 may collect an annual fee of up to $36 from the person 26 making payment for maintaining child support records and 27 the processing of support orders to the State of Illinois 28 KIDS system and the recording of payments issued by the 29 State Disbursement Unit for the official record of the 30 Courtadministering the collection and distribution of31maintenance and child support payments. This fee shall 32 be in addition to and separate from amounts ordered to be 33 paid as maintenance or child support and shall be 34 deposited into a Separate Maintenance and Child Support HB2846 Engrossed -46- LRB9105359LDmb 1 Collection Fund, of which the clerk shall be the 2 custodian, ex-officio, to be used by the clerk to 3 maintain child support orders and record all payments 4 issued by the State Disbursement Unit for the official 5 record of the Courtfurther maintenance and child6supports in his or her office. The clerk may recover 7 from the person making the maintenance or child support 8 payment any additional cost incurred in the collection of 9 this annual fee. 10 The clerk shall also be entitled to a fee of $5 for 11 certifications made to the Secretary of State as provided 12 in Section 7-703 of the Family Financial Responsibility 13 Law and these fees shall also be deposited into the 14 Separate Maintenance and Child Support Collection Fund. 15 (cc) Corrections of Numbers. 16 For correction of the case number, case title, or 17 attorney computer identification number, if required by 18 rule of court, on any document filed in the clerk's 19 office, to be charged against the party that filed the 20 document, $25. 21 (dd) Exceptions. 22 (1) The fee requirements of this Section shall not 23 apply to police departments or other law enforcement 24 agencies. In this Section, "law enforcement agency" 25 means an agency of the State or a unit of local 26 government which is vested by law or ordinance with the 27 duty to maintain public order and to enforce criminal 28 laws or ordinances. "Law enforcement agency" also means 29 the Attorney General or any state's attorney. 30 (2) No fee provided herein shall be charged to any 31 unit of local government or school district. The fee 32 requirements of this Section shall not apply to any 33 action instituted under subsection (b) of Section 11-31-1 34 of the Illinois Municipal Code by a private owner or HB2846 Engrossed -47- LRB9105359LDmb 1 tenant of real property within 1200 feet of a dangerous 2 or unsafe building seeking an order compelling the owner 3 or owners of the building to take any of the actions 4 authorized under that subsection. 5 (ee) Adoption. 6 (1) For an adoption.............................$65 7 (2) Upon good cause shown, the court may waive the 8 adoption filing fee in a special needs adoption. The 9 term "special needs adoption" shall have the meaning 10 ascribed to it by the Illinois Department of Children and 11 Family Services. 12 (ff) Adoption exemptions. 13 No fee other than that set forth in subsection (ee) 14 shall be charged to any person in connection with an 15 adoption proceeding. 16 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 17 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 18 Section 99. Effective date. This Act takes effect 19 October 1, 1999.