State of Illinois
91st General Assembly
Legislation

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[ Introduced ]

91_HB2847eng

 
HB2847 Engrossed                               LRB9105360RCks

 1        AN  ACT  to  amend  the  Clerks of Courts Act by changing
 2    Sections 27.1, 27.1a and 27.2.

 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 and 27.2 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,

 
HB2847 Engrossed            -2-                LRB9105360RCks
 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
 
HB2847 Engrossed            -3-                LRB9105360RCks
 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
 
HB2847 Engrossed            -4-                LRB9105360RCks
 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
 
HB2847 Engrossed            -5-                LRB9105360RCks
 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
 
HB2847 Engrossed            -6-                LRB9105360RCks
 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
 
HB2847 Engrossed            -7-                LRB9105360RCks
 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
 
HB2847 Engrossed            -8-                LRB9105360RCks
 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   administering   the
 4        collection  and  distribution  of  maintenance  and
 5        child  support  payments.  Such  sum  shall  be  in
 6        addition to and separate from amounts ordered to be
 7        paid  as  maintenance or child support and shall be
 8        deposited  in  a  separate  Maintenance  and  Child
 9        Support Collection Fund of which the Clerk shall be
10        the custodian, ex officio, to be used by the  Clerk
11        to further maintenance and child support collection
12        efforts  in  his  office.  Unless  paid  in cash or
13        pursuant to an order for withholding,  the  payment
14        of  the  fee shall be by a separate instrument from
15        the support payment and shall be made to the  order
16        of the Clerk. The Clerk may recover from the person
17        making the maintenance or child support payment any
18        additional  cost incurred in the collection of this
19        annual fee.
20             The Clerk shall also be entitled to a  fee  of
21        $5  for  certifications  made  to  the Secretary of
22        State as provided in Section 7-703  of  the  Family
23        Financial  Responsibility  Law and these fees shall
24        also be deposited into the Separate Maintenance and
25        Child Support Collection Fund.
26             (4)  Interest earned on any funds held by  the
27        clerk  must be deposited in the county general fund
28        as an earning of the office.
29             (5)  For  any  check,  draft,  or  other  bank
30        instrument returned to the clerk for non-sufficient
31        funds, account closed, or payment stopped, $25.
32    (v)  Correction of Cases
33             For correcting the case number or  case  title
34        on  any document filed in his office, to be charged
 
HB2847 Engrossed            -9-                LRB9105360RCks
 1        against the party that filed the document..........   $10
 2    (w)  Record Search
 3             For searching a record, per year searched.....    $4
 4    (x)  Printed Output
 5             For each page of hard copy print output,  when
 6        case records are maintained on an automated medium.    $2
 7    (y)  Alias Summons
 8             For each alias summons issued.................    $2
 9    (z)  Expungement of Records
10             For each expungement petition filed...........   $15
11    (aa)  Other Fees
12             Any fees not covered by this Section shall be set by
13        rule  or  administrative order of the Circuit Court, with
14        the approval of the Supreme Court.
15    (bb)  Exemptions
16             No fee provided for herein shall be charged  to  any
17        unit  of  State  or  local  government or school district
18        unless the Court orders another party to pay such fee  on
19        its  behalf.  The  fee requirements of this Section shall
20        not apply to police departments or other law  enforcement
21        agencies.    In  this  Section,  "law enforcement agency"
22        means  an  agency  of  the  State  or  a  unit  of  local
23        government that is vested by law or  ordinance  with  the
24        duty  to  maintain  public  order and to enforce criminal
25        laws and ordinances. The fee requirements of this Section
26        shall not apply to any action instituted under subsection
27        (b) of Section 11-31-1 of the Illinois Municipal Code  by
28        a  private  owner  or tenant of real property within 1200
29        feet of a dangerous or unsafe building seeking  an  order
30        compelling  the  owner  or owners of the building to take
31        any of the actions authorized under that subsection.
32    (cc)  Adoptions
33             (1)  For an adoption.............................$65
34             (2)  Upon good cause shown, the court may waive  the
 
HB2847 Engrossed            -10-               LRB9105360RCks
 1        adoption  filing  fee  in  a special needs adoption.  The
 2        term "special needs  adoption"  shall  have  the  meaning
 3        ascribed to it by the Illinois Department of Children and
 4        Family Services.
 5    (dd)  Adoption exemptions
 6             No  fee other than that set forth in subsection (cc)
 7        shall be charged to any  person  in  connection  with  an
 8        adoption proceeding.
 9    (ee)  Additional Services
10             Beginning  July  1,  1993,  the clerk of the circuit
11        court may provide  such  additional  services  for  which
12        there  is  no fee specified by statute in connection with
13        the operation of the clerk's office as may  be  requested
14        by  the  public  and  agreed  to by the public and by the
15        clerk and approved  by the chief  judge  of  the  circuit
16        court.   Any  charges for additional services shall be as
17        agreed to between the clerk  and  the  party  making  the
18        request  and  approved  by the chief judge of the circuit
19        court.  Nothing in this subsection shall be as agreed  to
20        between  the  clerk  and  the  party  making the request.
21        Nothing in this subsection shall be construed to  require
22        any  clerk  to provide any service not otherwise required
23        by law.
24    (Source:  P.A.  89-92,  eff.  7-1-96;  89-593,  eff.  8-1-96;
25    90-466,  eff.  8-17-97;  90-796,   eff.   12-15-98;   revised
26    12-31-98.)

27        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
28        Sec.  27.1a.  The fees of the clerks of the circuit court
29    in all counties having a population in excess of 180,000  but
30    not  more than 650,000 inhabitants in the instances described
31    in this Section shall be as provided in  this  Section.   The
32    fees shall be paid in advance and shall be as follows:
33    (a)  Civil Cases.
 
HB2847 Engrossed            -11-               LRB9105360RCks
 1             The  fee  for filing a complaint, petition, or other
 2        pleading initiating a civil action,  with  the  following
 3        exceptions, shall be $150.
 4                  (A)  When the amount of money or damages or the
 5             value  of  personal property claimed does not exceed
 6             $250, $10.
 7                  (B)  When that amount exceeds $250 but does not
 8             exceed $500, $20.
 9                  (C)  When that amount exceeds $500 but does not
10             exceed $2500, $30.
11                  (D)  When that amount exceeds  $2500  but  does
12             not exceed $15,000, $75.
13                  (E)  For  the exercise of eminent domain, $150.
14             For each additional lot or tract of land or right or
15             interest  therein  subject  to  be  condemned,   the
16             damages  in  respect to which shall require separate
17             assessment by a jury, $150.
18    (a-1)  Family.
19             For filing a petition under the Juvenile  Court  Act
20        of 1987, $25.
21             For filing a petition for a marriage license, $10.
22             For performing a marriage in court, $10.
23             For  filing  a petition under the Illinois Parentage
24        Act of 1984, $40.
25    (b)  Forcible Entry and Detainer.
26             In each forcible entry and detainer  case  when  the
27        plaintiff seeks possession only or unites with his or her
28        claim  for possession of the property a claim for rent or
29        damages or both in the amount of $15,000  or  less,  $40.
30        When the plaintiff unites his or her claim for possession
31        with  a  claim  for  rent  or  damages  or both exceeding
32        $15,000, $150.
33    (c)  Counterclaim or Joining Third Party Defendant.
34             When any defendant files a counterclaim as  part  of
 
HB2847 Engrossed            -12-               LRB9105360RCks
 1        his  or her answer or otherwise or joins another party as
 2        a third party defendant, or both, the defendant shall pay
 3        a fee for each counterclaim or third party action  in  an
 4        amount  equal  to the fee he or she would have had to pay
 5        had he or she brought a separate action  for  the  relief
 6        sought  in  the  counterclaim  or against the third party
 7        defendant, less the amount of the appearance fee, if that
 8        has been paid.
 9    (d)  Confession of Judgment.
10             In a confession of judgment when the amount does not
11        exceed $1500, $50. When the  amount  exceeds  $1500,  but
12        does  not  exceed  $15,000, $115. When the amount exceeds
13        $15,000, $200.
14    (e)  Appearance.
15             The fee for filing an appearance in each civil  case
16        shall be $50, except as follows:
17                  (A)  When the plaintiff in a forcible entry and
18             detainer case seeks possession only, $20.
19                  (B)  When  the  amount  in  the  case  does not
20             exceed $1500, $20.
21                  (C)  When that amount exceeds  $1500  but  does
22             not exceed $15,000, $40.
23    (f)  Garnishment, Wage Deduction, and Citation.
24             In  garnishment affidavit, wage deduction affidavit,
25        and citation petition when the  amount  does  not  exceed
26        $1,000,  $10; when the amount exceeds $1,000 but does not
27        exceed $5,000, $20; and when the amount  exceeds  $5,000,
28        $30.
29    (g)  Petition to Vacate or Modify.
30             (1)  Petition to vacate or modify any final judgment
31        or  order of court, except in forcible entry and detainer
32        cases and small claims cases or a petition to  reopen  an
33        estate,  to  modify,  terminate, or enforce a judgment or
34        order  for  child  or  spousal  support,  or  to  modify,
 
HB2847 Engrossed            -13-               LRB9105360RCks
 1        suspend, or terminate an order for withholding, if  filed
 2        before  30 days after the entry of the judgment or order,
 3        $40.
 4             (2)  Petition to vacate or modify any final judgment
 5        or  order  of  court,  except  a  petition   to   modify,
 6        terminate,  or  enforce  a judgment or order for child or
 7        spousal support or to modify, suspend,  or  terminate  an
 8        order  for withholding, if filed later than 30 days after
 9        the entry of the judgment or order, $60.
10             (3)  Petition to vacate order  of  bond  forfeiture,
11        $20.
12    (h)  Mailing.
13             When  the clerk is required to mail, the fee will be
14        $6, plus the cost of postage.
15    (i)  Certified Copies.
16             Each certified copy of a judgment after  the  first,
17        except  in  small  claims and forcible entry and detainer
18        cases, $10.
19    (j)  Habeas Corpus.
20             For filing a petition for relief by  habeas  corpus,
21        $80.
22    (k)  Certification, Authentication, and Reproduction.
23             (1)  Each certification or authentication for taking
24        the  acknowledgment  of  a  deed  or  other instrument in
25        writing with the seal of office, $4.
26             (2)  Court  appeals  when  original  documents   are
27        forwarded, under 100 pages, plus delivery and costs, $50.
28             (3)  Court   appeals  when  original  documents  are
29        forwarded, over 100 pages, plus delivery and costs, $120.
30             (4)  Court  appeals  when  original  documents   are
31        forwarded,  over 200 pages, an additional fee of 20 cents
32        per page.
33             (5)  For reproduction of any document  contained  in
34        the clerk's files:
 
HB2847 Engrossed            -14-               LRB9105360RCks
 1                  (A)  First page, $2.
 2                  (B)  Next 19 pages, 50 cents per page.
 3                  (C)  All remaining pages, 25 cents per page.
 4    (l)  Remands.
 5             In any cases remanded to the Circuit Court  from the
 6        Supreme Court or the Appellate Court for a new trial, the
 7        clerk  shall  file  the remanding order and reinstate the
 8        case with either its original number or a new number. The
 9        Clerk shall not charge any new or additional fee for  the
10        reinstatement.  Upon reinstatement the Clerk shall advise
11        the parties of the reinstatement.  A party shall have the
12        same right to a jury trial on remand and reinstatement as
13        he or she had before the appeal, and no additional or new
14        fee  or  charge  shall  be  made  for  a jury trial after
15        remand.
16    (m)  Record Search.
17             For  each  record  search,  within  a  division   or
18        municipal  district,  the  clerk  shall  be entitled to a
19        search fee of $4 for each year searched.
20    (n)  Hard Copy.
21             For each page of hard copy print output,  when  case
22        records  are maintained on an automated medium, the clerk
23        shall be entitled to a fee of $4.
24    (o)  Index Inquiry and Other Records.
25             No   fee   shall   be   charged   for    a    single
26        plaintiff/defendant  index  inquiry or single case record
27        inquiry when this request  is  made  in  person  and  the
28        records are maintained in a current automated medium, and
29        when no hard copy print output is requested.  The fees to
30        be charged for management records, multiple case records,
31        and  multiple  journal  records  may  be specified by the
32        Chief Judge pursuant to the  guidelines  for  access  and
33        dissemination  of  information  approved  by  the Supreme
34        Court.
 
HB2847 Engrossed            -15-               LRB9105360RCks
 1    (p)  Commitment Petitions.
 2             For filing commitment  petitions  under  the  Mental
 3        Health and Developmental Disabilities Code and for filing
 4        a  transcript  of  commitment proceedings held in another
 5        county, $25.
 6    (q)  Alias Summons.
 7             For each alias summons or  citation  issued  by  the
 8        clerk, $4.
 9    (r)  Other Fees.
10             Any fees not covered in this Section shall be set by
11        rule  or  administrative  order of the Circuit Court with
12        the approval of the Administrative Office of the Illinois
13        Courts.
14             The  clerk  of  the  circuit   court   may   provide
15        additional  services  for which there is no fee specified
16        by statute  in  connection  with  the  operation  of  the
17        clerk's  office  as  may  be  requested by the public and
18        agreed to by the clerk and approved by the chief judge of
19        the circuit court.  Any charges for  additional  services
20        shall  be  as  agreed  to between the clerk and the party
21        making the request and approved by the chief judge of the
22        circuit court.   Nothing  in  this  subsection  shall  be
23        construed to require any clerk to provide any service not
24        otherwise required by law.
25    (s)  Jury Services.
26             The  clerk shall be entitled to receive, in addition
27        to other fees allowed by law, the sum of $180, as  a  fee
28        for  the  services  of  a  jury in every civil action not
29        quasi-criminal in its nature and not a proceeding for the
30        exercise of the right of  eminent  domain  and  in  every
31        other action wherein the right of trial by jury is or may
32        be given by law.  The jury fee shall be paid by the party
33        demanding  a  jury at the time of filing the jury demand.
34        If the fee is not paid by either party, no jury shall  be
 
HB2847 Engrossed            -16-               LRB9105360RCks
 1        called in the action or proceeding, and the same shall be
 2        tried by the court without a jury.
 3    (t)  Voluntary Assignment.
 4             For  filing  each deed of voluntary assignment, $10;
 5        for  recording  the  same,  25¢  for  each   100   words.
 6        Exceptions  filed to claims presented to an assignee of a
 7        debtor who  has  made  a  voluntary  assignment  for  the
 8        benefit of creditors shall be considered and treated, for
 9        the  purpose of taxing costs therein, as actions in which
10        the party or  parties  filing  the  exceptions  shall  be
11        considered   as  party  or  parties  plaintiff,  and  the
12        claimant or claimants as party or parties defendant,  and
13        those  parties  respectively  shall  pay to the clerk the
14        same fees as provided by this Section to be paid in other
15        actions.
16    (u)  Expungement Petition.
17             The clerk shall be entitled to receive a fee of  $30
18        for each expungement petition filed and an additional fee
19        of  $2  for   each  certified copy of an order to expunge
20        arrest records.
21    (v)  Probate.
22        The clerk is entitled to receive the  fees  specified  in
23    this  subsection  (v), which shall be paid in advance, except
24    that, for good cause shown, the court may suspend, reduce, or
25    release the costs payable under this subsection:
26             (1)  For administration of the estate of a  decedent
27        (whether  testate  or  intestate) or of a missing person,
28        $100, plus  the  fees  specified  in  subsection  (v)(3),
29        except:
30                  (A)  When  the  value  of the real and personal
31             property does not exceed $15,000, the fee  shall  be
32             $25.
33                  (B)  When  (i) proof of heirship alone is made,
34             (ii) a domestic  or  foreign  will  is  admitted  to
 
HB2847 Engrossed            -17-               LRB9105360RCks
 1             probate  without  administration (including proof of
 2             heirship), or (iii) letters of office are issued for
 3             a particular purpose without administration  of  the
 4             estate, the fee shall be $25.
 5             (2)  For  administration  of  the  estate of a ward,
 6        $50,  plus  the  fees  specified  in  subsection  (v)(3),
 7        except:
 8                  (A)  When the value of the  real  and  personal
 9             property  does  not exceed $15,000, the fee shall be
10             $25.
11                  (B)  When (i) letters of office are issued to a
12             guardian of the person or persons, but  not  of  the
13             estate  or  (ii) letters of office are issued in the
14             estate of  a  ward  without  administration  of  the
15             estate, including filing or joining in the filing of
16             a  tax  return or releasing a mortgage or consenting
17             to the marriage of the ward, the fee shall be $10.
18             (3)  In  addition  to   the   fees   payable   under
19        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
20        following fees are payable:
21                  (A)  For each account  (other  than  one  final
22             account) filed in the estate of a decedent, or ward,
23             $15.
24                  (B)  For  filing  a claim in an estate when the
25             amount claimed is $150 or more but less  than  $500,
26             $10;  when  the  amount  claimed is $500 or more but
27             less than $10,000, $25; when the amount  claimed  is
28             $10,000  or  more,  $40;  provided that the court in
29             allowing a claim may add to the amount  allowed  the
30             filing fee paid by the claimant.
31                  (C)  For filing in an estate a claim, petition,
32             or  supplemental  proceeding  based  upon  an action
33             seeking equitable relief including the  construction
34             or  contest  of a will, enforcement of a contract to
 
HB2847 Engrossed            -18-               LRB9105360RCks
 1             make a will, and proceedings involving  testamentary
 2             trusts  or the appointment of testamentary trustees,
 3             $40.
 4                  (D)  For filing in an estate (i) the appearance
 5             of any person for the purpose of consent or (ii) the
 6             appearance   of    an    executor,    administrator,
 7             administrator  to  collect,  guardian,  guardian  ad
 8             litem, or special administrator, no fee.
 9                  (E)  Except    as    provided   in   subsection
10             (v)(3)(D), for filing the appearance of  any  person
11             or persons, $10.
12                  (F)  For each jury demand, $90.
13                  (G)  For  disposition  of  the  collection of a
14             judgment or settlement of an  action  or  claim  for
15             wrongful  death  of  a  decedent  or of any cause of
16             action  of  a  ward,  when   there   is   no   other
17             administration  of  the estate, $30, less any amount
18             paid under subsection (v)(1)(B) or (v)(2)(B)  except
19             that  if the amount involved does not exceed $5,000,
20             the fee, including any amount paid under  subsection
21             (v)(1)(B) or (v)(2)(B), shall be $10.
22                  (H)  For  each  certified  copy  of  letters of
23             office, of court order or other  certification,  $1,
24             plus  50¢  per  page  in  excess  of 3 pages for the
25             document certified.
26                  (I)  For each exemplification, $1, plus the fee
27             for certification.
28             (4)  The    executor,    administrator,    guardian,
29        petitioner, or other interested  person  or  his  or  her
30        attorney  shall  pay the cost of publication by the clerk
31        directly to the newspaper.
32             (5)  The person on whose behalf a charge is incurred
33        for  witness,  court  reporter,   appraiser,   or   other
34        miscellaneous  fee  shall  pay  the  same directly to the
 
HB2847 Engrossed            -19-               LRB9105360RCks
 1        person entitled thereto.
 2             (6)  The    executor,    administrator,    guardian,
 3        petitioner, or other interested  person  or  his  or  her
 4        attorney  shall  pay  to  the  clerk  all postage charges
 5        incurred by  the  clerk  in  mailing  petitions,  orders,
 6        notices, or other documents pursuant to the provisions of
 7        the Probate Act of 1975.
 8    (w)  Criminal and Quasi-Criminal Costs and Fees.
 9             (1)  The  clerk  shall  be  entitled to costs in all
10        criminal  and  quasi-criminal  cases  from  each   person
11        convicted or sentenced to supervision therein as follows:
12                  (A)  Felony complaints, $80.
13                  (B)  Misdemeanor complaints, $50.
14                  (C)  Business offense complaints, $50.
15                  (D)  Petty offense complaints, $50.
16                  (E)  Minor  traffic  or  ordinance  violations,
17             $20.
18                  (F)  When court appearance required, $30.
19                  (G)  Motions  to  vacate or amend final orders,
20             $20.
21                  (H)  Motions to vacate bond forfeiture  orders,
22             $20.
23                  (I)  Motions  to  vacate  ex  parte  judgments,
24             whenever filed, $20.
25                  (J)  Motions to vacate judgment on forfeitures,
26             whenever filed, $20.
27                  (K)  Motions  to  vacate "failure to appear" or
28             "failure to comply" notices sent to the Secretary of
29             State, $20.
30             (2)  In counties having a population  in  excess  of
31        180,000  but  not more than 650,000 inhabitants, when the
32        violation complaint  is  issued  by  a  municipal  police
33        department,  the  clerk  shall  be entitled to costs from
34        each person convicted therein as follows:
 
HB2847 Engrossed            -20-               LRB9105360RCks
 1                  (A)  Minor  traffic  or  ordinance  violations,
 2             $10.
 3                  (B)  When court appearance required, $15.
 4             (3)  In ordinance violation cases punishable by fine
 5        only, the clerk of the circuit court shall be entitled to
 6        receive, unless the fee is excused upon a finding by  the
 7        court  that  the  defendant  is  indigent, in addition to
 8        other fees or costs allowed or imposed by law, the sum of
 9        $50 as a fee for the services of a jury.   The  jury  fee
10        shall  be paid by the defendant at the time of filing his
11        or her jury demand.  If the fee is not  so  paid  by  the
12        defendant, no jury shall be called, and the case shall be
13        tried by the court without a jury.
14    (x)  Transcripts of Judgment.
15             For  the  filing  of  a  transcript of judgment, the
16        clerk shall be entitled to the same fee as if it were the
17        commencement of a new suit.
18    (y)  Change of Venue.
19             (1)  For the filing of a change of case on a  change
20        of  venue, the clerk shall be entitled to the same fee as
21        if it were the commencement of a new suit.
22             (2)  The fee for the preparation  and  certification
23        of a record on a change of venue to another jurisdiction,
24        when original documents are forwarded, $25.
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  on the
29        complaint, $25.
30    (aa)  Tax Deeds.
31             (1)  Petition for tax deed, if only  one  parcel  is
32        involved, $150.
33             (2)  For each additional parcel, add a fee of $50.
34    (bb)  Collections.
 
HB2847 Engrossed            -21-               LRB9105360RCks
 1             (1)  For  all collections made of others, except the
 2        State and county  and  except  in  maintenance  or  child
 3        support  cases,  a  sum  equal  to  2.5%  of  the  amount
 4        collected and turned over.
 5             (2)  Interest  earned on any funds held by the clerk
 6        shall be turned over to the county  general  fund  as  an
 7        earning of the office.
 8             (3)  For  any check, draft, or other bank instrument
 9        returned to the clerk for non-sufficient  funds,  account
10        closed, or payment stopped, $25.
11             (4)  In  child  support  and  maintenance cases, the
12        clerk, if authorized by an ordinance of the county board,
13        may collect an annual fee of up to $36  from  the  person
14        making  payment  for  administering  the  collection  and
15        distribution  of  maintenance and child support payments.
16        This fee shall  be  in  addition  to  and  separate  from
17        amounts  ordered  to  be  paid  as  maintenance  or child
18        support  and  shall  be   deposited   into   a   Separate
19        Maintenance  and  Child Support Collection Fund, of which
20        the clerk shall be the custodian, ex-officio, to be  used
21        by the clerk to further maintenance and child supports in
22        his  or her office. The clerk may recover from the person
23        making the maintenance  or  child  support  payment   any
24        additional cost incurred in the collection of this annual
25        fee.
26             The  clerk shall also be entitled to a fee of $5 for
27        certifications made to the Secretary of State as provided
28        in Section 7-703 of the Family  Financial  Responsibility
29        Law  and  these  fees  shall  also  be deposited into the
30        Separate Maintenance and Child Support Collection Fund.
31             (5)  In child support and maintenance  matters,  the
32        clerk may deduct from each payment an amount equal to the
33        United   States   postage  to  be  used  in  mailing  the
34        maintenance or child support check to the recipient.
 
HB2847 Engrossed            -22-               LRB9105360RCks
 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, $15.
 7    (dd)  Exceptions.
 8             (1)  The fee requirements of this Section shall  not
 9        apply  to  police  departments  or  other law enforcement
10        agencies.  In  this  Section,  "law  enforcement  agency"
11        means  an  agency  of  the  State  or  a  unit  of  local
12        government  which  is vested by law or ordinance with the
13        duty to maintain public order  and  to  enforce  criminal
14        laws  or ordinances.  "Law enforcement agency" also means
15        the Attorney General or any state's attorney.
16             (2)  No fee provided herein shall be charged to  any
17        unit of local government or school district.
18             (3)  The  fee requirements of this Section shall not
19        apply to any action instituted under  subsection  (b)  of
20        Section  11-31-1  of  the  Illinois  Municipal  Code by a
21        private owner or tenant of real property within 1200 feet
22        of a  dangerous  or  unsafe  building  seeking  an  order
23        compelling  the  owner  or owners of the building to take
24        any of the actions authorized under that subsection.
25    (ee)  Adoptions.
26             (1)  For an adoption.............................$65
27             (2)  Upon good cause shown, the court may waive  the
28        adoption  filing  fee  in  a special needs adoption.  The
29        term "special needs  adoption"  shall  have  the  meaning
30        ascribed to it by the Illinois Department of Children and
31        Family Services.
32    (ff)  Adoption exemptions.
33             No  fee other than that set forth in subsection (ee)
34        shall be charged to any  person  in  connection  with  an
 
HB2847 Engrossed            -23-               LRB9105360RCks
 1        adoption proceeding.
 2    (Source: P.A.   89-92,  eff.  7-1-96;  89-593,  eff.  8-1-96;
 3    90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)

 4        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
 5        Sec. 27.2.  The fees of the clerks of the  circuit  court
 6    in  all  counties  having  a  population in excess of 650,000
 7    inhabitants  but  less  than  3,000,000  inhabitants  in  the
 8    instances described in this Section shall be as  provided  in
 9    this Section.  In addition, the fees provided in this Section
10    shall  apply  to  all  units  of  local government and school
11    districts in counties with more than  3,000,000  inhabitants.
12    The fees shall be paid in advance and shall be as follows:
13    (a)  Civil Cases.
14             The  fee  for filing a complaint, petition, or other
15        pleading initiating a civil action,  with  the  following
16        exceptions, shall be $150.
17                  (A)  When the amount of money or damages or the
18             value  of  personal property claimed does not exceed
19             $250, $10.
20                  (B)  When that amount exceeds $250 but does not
21             exceed $500, $20.
22                  (C)  When that amount exceeds $500 but does not
23             exceed $2500, $30.
24                  (D)  When that amount exceeds  $2500  but  does
25             not exceed $15,000, $75.
26                  (E)  For  the exercise of eminent domain, $150.
27             For each additional lot or tract of land or right or
28             interest  therein  subject  to  be  condemned,   the
29             damages  in  respect to which shall require separate
30             assessment by a jury, $150.
31    (b)  Forcible Entry and Detainer.
32             In each forcible entry and detainer  case  when  the
33        plaintiff seeks possession only or unites with his or her
 
HB2847 Engrossed            -24-               LRB9105360RCks
 1        claim  for possession of the property a claim for rent or
 2        damages or both in the amount of $15,000  or  less,  $40.
 3        When the plaintiff unites his or her claim for possession
 4        with  a  claim  for  rent  or  damages  or both exceeding
 5        $15,000, $150.
 6    (c)  Counterclaim or Joining Third Party Defendant.
 7             When any defendant files a counterclaim as  part  of
 8        his  or her answer or otherwise or joins another party as
 9        a third party defendant, or both, the defendant shall pay
10        a fee for each counterclaim or third party action  in  an
11        amount  equal  to the fee he or she would have had to pay
12        had he or she brought a separate action  for  the  relief
13        sought  in  the  counterclaim  or against the third party
14        defendant, less the amount of the appearance fee, if that
15        has been paid.
16    (d)  Confession of Judgment.
17             In a confession of judgment when the amount does not
18        exceed $1500, $50. When the  amount  exceeds  $1500,  but
19        does  not  exceed  $15,000, $115. When the amount exceeds
20        $15,000, $200.
21    (e)  Appearance.
22             The fee for filing an appearance in each civil  case
23        shall be $50, except as follows:
24                  (A)  When the plaintiff in a forcible entry and
25             detainer case seeks possession only; $20.
26                  (B)  When  the  amount  in  the  case  does not
27             exceed $1500, $20.
28                  (C)  When that amount exceeds  $1500  but  does
29             not exceed $15,000, $40.
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,  $10; when the amount exceeds $1,000 but does not
34        exceed $5,000, $20; and when the amount  exceeds  $5,000,
 
HB2847 Engrossed            -25-               LRB9105360RCks
 1        $30.
 2    (g)  Petition to Vacate or Modify.
 3             (1)  Petition to vacate or modify any final judgment
 4        or  order of court, except in forcible entry and detainer
 5        cases and small claims cases or a petition to  reopen  an
 6        estate,  to  modify,  terminate, or enforce a judgment or
 7        order  for  child  or  spousal  support,  or  to  modify,
 8        suspend, or terminate an order for withholding, if  filed
 9        before  30 days after the entry of the judgment or order,
10        $40.
11             (2)  Petition to vacate or modify any final judgment
12        or  order  of  court,  except  a  petition   to   modify,
13        terminate,  or  enforce  a judgment or order for child or
14        spousal support or to modify, suspend,  or  terminate  an
15        order  for withholding, if filed later than 30 days after
16        the entry of the judgment or order, $60.
17             (3)  Petition to vacate order  of  bond  forfeiture,
18        $20.
19    (h)  Mailing.
20             When  the clerk is required to mail, the fee will be
21        $6, plus the cost of postage.
22    (i)  Certified Copies.
23             Each certified copy of a judgment after  the  first,
24        except  in  small  claims and forcible entry and detainer
25        cases, $10.
26    (j)  Habeas Corpus.
27             For filing a petition for relief by  habeas  corpus,
28        $80.
29    (k)  Certification,  Authentication,  and  Reproduction,  and
30    Exemplification.
31             (1)  Each certification or authentication for taking
32        the  acknowledgment  of  a  deed  or  other instrument in
33        writing with the seal of office, $4.
34             (2)  Court  appeals  when  original  documents   are
 
HB2847 Engrossed            -26-               LRB9105360RCks
 1        forwarded, under 100 pages, plus delivery and costs, $50.
 2             (3)  Court   appeals  when  original  documents  are
 3        forwarded, over 100 pages, plus delivery and costs, $120.
 4             (4)  Court  appeals  when  original  documents   are
 5        forwarded,  over 200 pages, an additional fee of 20 cents
 6        per page.
 7             (5)  For reproduction of any document  contained  in
 8        the clerk's files:
 9                  (A)  First page, $2.
10                  (B)  Next 19 pages, 50 cents per page.
11                  (C)  All remaining pages, 25 cents per page.
12             (6)  For  each  exemplification, $2 plus the fee for
13        certification.
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.
 
HB2847 Engrossed            -27-               LRB9105360RCks
 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
 
HB2847 Engrossed            -28-               LRB9105360RCks
 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
 
HB2847 Engrossed            -29-               LRB9105360RCks
 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
 
HB2847 Engrossed            -30-               LRB9105360RCks
 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
 
HB2847 Engrossed            -31-               LRB9105360RCks
 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.
 
HB2847 Engrossed            -32-               LRB9105360RCks
 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
 
HB2847 Engrossed            -33-               LRB9105360RCks
 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  administering  the  collection  and
23        distribution of maintenance and child  support  payments.
24        This  fee  shall  be  in  addition  to  and separate from
25        amounts ordered  to  be  paid  as  maintenance  or  child
26        support   and   shall   be   deposited  into  a  Separate
27        Maintenance and Child Support Collection Fund,  of  which
28        the  clerk shall be the custodian, ex-officio, to be used
29        by the clerk to further maintenance and child supports in
30        his or her office. The clerk may recover from the  person
31        making  the  maintenance  or  child  support  payment any
32        additional cost incurred in the collection of this annual
33        fee.
34             The clerk shall also be entitled to a fee of $5  for
 
HB2847 Engrossed            -34-               LRB9105360RCks
 1        certifications made to the Secretary of State as provided
 2        in  Section  7-703 of the Family Financial Responsibility
 3        Law and these fees  shall  also  be  deposited  into  the
 4        Separate Maintenance and Child Support Collection Fund.
 5    (cc)  Corrections of Numbers.
 6             For  correction  of  the case number, case title, or
 7        attorney computer identification number, if  required  by
 8        rule  of  court,  on  any  document  filed in the clerk's
 9        office, to be charged against the party  that  filed  the
10        document, $15.
11    (dd)  Exceptions.
12             The fee requirements of this Section shall not apply
13        to  police departments or other law enforcement agencies.
14        In this Section, "law enforcement agency" means an agency
15        of the State or a  unit  of  local  government  which  is
16        vested  by  law  or  ordinance  with the duty to maintain
17        public order and to enforce criminal laws or  ordinances.
18        "Law  enforcement agency" also means the Attorney General
19        or any state's attorney. The  fee  requirements  of  this
20        Section  shall  not  apply to any action instituted under
21        subsection  (b)  of  Section  11-31-1  of  the   Illinois
22        Municipal  Code  by  a  private  owner  or tenant of real
23        property within  1200  feet  of  a  dangerous  or  unsafe
24        building  seeking an order compelling the owner or owners
25        of the building to take any  of  the  actions  authorized
26        under that subsection.
27    (ee)  Adoptions.
28             (1)  For an adoption.............................$65
29             (2)  Upon  good cause shown, the court may waive the
30        adoption filing fee in a  special  needs  adoption.   The
31        term  "special  needs  adoption"  shall  have the meaning
32        ascribed to it by the Illinois Department of Children and
33        Family Services.
34    (ff)  Adoption exemptions.
 
HB2847 Engrossed            -35-               LRB9105360RCks
 1             No fee other than that set forth in subsection  (ee)
 2        shall  be  charged  to  any  person in connection with an
 3        adoption proceeding.
 4    (Source: P.A.  89-92,  eff.  7-1-96;  89-593,  eff.   8-1-96;
 5    90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.

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