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91_SB1367
LRB9110961DHks
1 AN ACT concerning fees for administrative review of
2 non-moving traffic violations.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-208.3 as follows:
7 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
8 Sec. 11-208.3. Administrative adjudication of violations
9 of traffic regulations concerning the standing, parking, or
10 condition of vehicles.
11 (a) Any municipality may provide by ordinance for a
12 system of administrative adjudication of vehicular standing
13 and parking violations and vehicle compliance violations as
14 defined in this subsection. The administrative system shall
15 have as its purpose the fair and efficient enforcement of
16 municipal regulations through the administrative adjudication
17 of violations of municipal ordinances regulating the standing
18 and parking of vehicles, the condition and use of vehicle
19 equipment, and the display of municipal wheel tax licenses
20 within the municipality's borders. The administrative system
21 shall only have authority to adjudicate civil offenses
22 carrying fines not in excess of $250 that occur after the
23 effective date of the ordinance adopting such a system under
24 this Section. For purposes of this Section, "compliance
25 violation" means a violation of a municipal regulation
26 governing the condition or use of equipment on a vehicle or
27 governing the display of a municipal wheel tax license.
28 (b) Any ordinance establishing a system of
29 administrative adjudication under this Section shall provide
30 for:
31 (1) A traffic compliance administrator authorized
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1 to adopt, distribute and process parking and compliance
2 violation notices and other notices required by this
3 Section, collect money paid as fines and penalties for
4 violation of parking and compliance ordinances, and
5 operate an administrative adjudication system. The
6 traffic compliance administrator also may make a
7 certified report to the Secretary of State under Section
8 6-306.5.
9 (2) A parking, standing, or compliance violation
10 notice that shall specify the date, time, and place of
11 violation of a parking, standing, or compliance
12 regulation; the particular regulation violated; the fine
13 and any penalty that may be assessed for late payment,
14 when so provided by ordinance; the vehicle make and state
15 registration number; and the identification number of the
16 person issuing the notice. With regard to municipalities
17 with a population of 1 million or more, it shall be
18 grounds for dismissal of a parking violation if the State
19 registration number or vehicle make specified is
20 incorrect. The violation notice shall state that the
21 payment of the indicated fine, and of any applicable
22 penalty for late payment, shall operate as a final
23 disposition of the violation. The notice also shall
24 contain information as to the availability of a hearing
25 in which the violation may be contested on its merits.
26 The violation notice shall specify the time and manner in
27 which a hearing may be had.
28 (3) Service of the parking, standing, or compliance
29 violation notice by affixing the original or a facsimile
30 of the notice to an unlawfully parked vehicle or by
31 handing the notice to the operator of a vehicle if he or
32 she is present. A person authorized by ordinance to
33 issue and serve parking, standing, and compliance
34 violation notices shall certify as to the correctness of
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1 the facts entered on the violation notice by signing his
2 or her name to the notice at the time of service or in
3 the case of a notice produced by a computerized device,
4 by signing a single certificate to be kept by the traffic
5 compliance administrator attesting to the correctness of
6 all notices produced by the device while it was under his
7 or her control. The original or a facsimile of the
8 violation notice shall be retained by the traffic
9 compliance administrator, and shall be a record kept in
10 the ordinary course of business. A parking, standing, or
11 compliance violation notice issued, signed and served in
12 accordance with this Section, or a copy of the notice,
13 shall be prima facie correct and shall be prima facie
14 evidence of the correctness of the facts shown on the
15 notice. The notice or copy shall be admissible in any
16 subsequent administrative or legal proceedings.
17 (4) An opportunity for a hearing for the registered
18 owner of the vehicle cited in the parking, standing, or
19 compliance violation notice in which the owner may
20 contest the merits of the alleged violation, and during
21 which formal or technical rules of evidence shall not
22 apply; provided, however, that under Section 11-1306 of
23 this Code the lessee of a vehicle cited in the violation
24 notice likewise shall be provided an opportunity for a
25 hearing of the same kind afforded the registered owner.
26 The hearings shall be recorded, and the person conducting
27 the hearing on behalf of the traffic compliance
28 administrator shall be empowered to administer oaths and
29 to secure by subpoena both the attendance and testimony
30 of witnesses and the production of relevant books and
31 papers. Persons appearing at a hearing under this
32 Section may be represented by counsel at their expense.
33 The ordinance may also provide for internal
34 administrative review following the decision of the
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1 hearing officer.
2 (5) Service of additional notices, sent by first
3 class United States mail, postage prepaid, to the address
4 of the registered owner of the cited vehicle as recorded
5 with the Secretary of State or, under Section 11-1306 of
6 this Code, to the lessee of the cited vehicle at the last
7 address known to the lessor of the cited vehicle at the
8 time of lease. The service shall be deemed complete as
9 of the date of deposit in the United States mail. The
10 notices shall be in the following sequence and shall
11 include but not be limited to the information specified
12 herein:
13 (i) A second notice of violation. This notice
14 shall specify the date and location of the violation
15 cited in the parking, standing, or compliance
16 violation notice, the particular regulation
17 violated, the vehicle make and state registration
18 number, the fine and any penalty that may be
19 assessed for late payment when so provided by
20 ordinance, the availability of a hearing in which
21 the violation may be contested on its merits, and
22 the time and manner in which the hearing may be had.
23 The notice of violation shall also state that
24 failure either to pay the indicated fine and any
25 applicable penalty, or to appear at a hearing on the
26 merits in the time and manner specified, will result
27 in a final determination of violation liability for
28 the cited violation in the amount of the fine or
29 penalty indicated, and that, upon the occurrence of
30 a final determination of violation liability for the
31 failure, and the exhaustion of, or failure to
32 exhaust, available administrative or judicial
33 procedures for review, any unpaid fine or penalty
34 will constitute a debt due and owing the
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1 municipality.
2 (ii) A notice of final determination of
3 parking, standing, or compliance violation
4 liability. This notice shall be sent following a
5 final determination of parking, standing, or
6 compliance violation liability and the conclusion of
7 judicial review procedures taken under this Section.
8 The notice shall state that the unpaid fine or
9 penalty is a debt due and owing the municipality.
10 The notice shall contain warnings that failure to
11 pay any fine or penalty due and owing the
12 municipality within the time specified may result in
13 the municipality's filing of a petition in the
14 Circuit Court to have the unpaid fine or penalty
15 rendered a judgment as provided by this Section, or
16 may result in suspension of the person's drivers
17 license for failure to pay fines or penalties for 10
18 or more parking violations under Section 6-306.5.
19 (6) A Notice of impending drivers license
20 suspension. This notice shall be sent to the person
21 liable for any fine or penalty that remains due and owing
22 on 10 or more parking violations. The notice shall state
23 that failure to pay the fine or penalty owing within 45
24 days of the notice's date will result in the municipality
25 notifying the Secretary of State that the person is
26 eligible for initiation of suspension proceedings under
27 Section 6-306.5 of this Code. The notice shall also state
28 that the person may obtain a photostatic copy of an
29 original ticket imposing a fine or penalty by sending a
30 self addressed, stamped envelope to the municipality
31 along with a request for the photostatic copy. The
32 notice of impending drivers license suspension shall be
33 sent by first class United States mail, postage prepaid,
34 to the address recorded with the Secretary of State.
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1 (7) Final determinations of violation liability. A
2 final determination of violation liability shall occur
3 following failure to pay the fine or penalty after a
4 hearing officer's determination of violation liability
5 and the exhaustion of or failure to exhaust any
6 administrative review procedures provided by ordinance.
7 Where a person fails to appear at a hearing to contest
8 the alleged violation in the time and manner specified in
9 a prior mailed notice, the hearing officer's
10 determination of violation liability shall become final:
11 (A) upon denial of a timely petition to set aside that
12 determination, or (B) upon expiration of the period for
13 filing the petition without a filing having been made.
14 (8) A petition to set aside a determination of
15 parking, standing, or compliance violation liability that
16 may be filed by a person owing an unpaid fine or penalty.
17 The petition shall be filed with and ruled upon by the
18 traffic compliance administrator in the manner and within
19 the time specified by ordinance. The grounds for the
20 petition may be limited to: (A) the person not having
21 been the owner or lessee of the cited vehicle on the date
22 the violation notice was issued, (B) the person having
23 already paid the fine or penalty for the violation in
24 question, and (C) excusable failure to appear at or
25 request a new date for a hearing. With regard to
26 municipalities with a population of 1 million or more, it
27 shall be grounds for dismissal of a parking violation if
28 the State registration number or vehicle make specified
29 is incorrect. After the determination of parking,
30 standing, or compliance violation liability has been set
31 aside upon a showing of just cause, the registered owner
32 shall be provided with a hearing on the merits for that
33 violation.
34 (9) Procedures for non-residents. Procedures by
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1 which persons who are not residents of the municipality
2 may contest the merits of the alleged violation without
3 attending a hearing.
4 (10) A schedule of civil fines for violations of
5 vehicular standing, parking, and compliance regulations
6 enacted by ordinance pursuant to this Section, and a
7 schedule of penalties for late payment of the fines,
8 provided, however, that the total amount of the fine and
9 penalty for any one violation shall not exceed $250.
10 (11) Other provisions as are necessary and proper
11 to carry into effect the powers granted and purposes
12 stated in this Section.
13 (c) Any municipality establishing vehicular standing,
14 parking, and compliance regulations under this Section may
15 also provide by ordinance for a program of vehicle
16 immobilization for the purpose of facilitating enforcement of
17 those regulations. The program of vehicle immobilization
18 shall provide for immobilizing any eligible vehicle upon the
19 public way by presence of a restraint in a manner to prevent
20 operation of the vehicle. Any ordinance establishing a
21 program of vehicle immobilization under this Section shall
22 provide:
23 (1) Criteria for the designation of vehicles
24 eligible for immobilization. A vehicle shall be eligible
25 for immobilization when the registered owner of the
26 vehicle has accumulated the number of unpaid final
27 determinations of parking, standing, or compliance
28 violation liability as determined by ordinance.
29 (2) A notice of impending vehicle immobilization
30 and a right to a hearing to challenge the validity of the
31 notice by disproving liability for the unpaid final
32 determinations of parking, standing, or compliance
33 violation liability listed on the notice.
34 (3) The right to a prompt hearing after a vehicle
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1 has been immobilized or subsequently towed without
2 payment of the outstanding fines and penalties on
3 parking, standing, or compliance violations for which
4 final determinations have been issued. An order issued
5 after the hearing is a final administrative decision
6 within the meaning of Section 3-101 of the Code of Civil
7 Procedure.
8 (4) A post immobilization and post-towing notice
9 advising the registered owner of the vehicle of the right
10 to a hearing to challenge the validity of the
11 impoundment.
12 (d) Judicial review of final determinations of parking,
13 standing, and compliance violations and final administrative
14 decisions issued after hearings regarding vehicle
15 immobilization and impoundment made under this Section shall
16 be subject to the provisions of the Administrative Review
17 Law. The fee for filing a complaint for administrative
18 review of final determinations of parking, standing, and
19 compliance violations and final administrative decisions
20 issued after hearings regarding vehicle immobilization and
21 impoundment made under this Section shall be as set forth
22 under subsection (a) of Section 27.2a of the Clerks of Courts
23 Act plus other fees and costs as provided by law.
24 (e) Any fine, penalty, or part of any fine or any
25 penalty remaining unpaid after the exhaustion of, or the
26 failure to exhaust, administrative remedies created under
27 this Section and the conclusion of any judicial review
28 procedures shall be a debt due and owing the municipality
29 and, as such, may be collected in accordance with applicable
30 law. Payment in full of any fine or penalty resulting from a
31 standing, parking, or compliance violation shall constitute a
32 final disposition of that violation.
33 (f) After the expiration of the period within which
34 judicial review may be sought for a final determination of
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1 parking, standing, or compliance violation, the municipality
2 may commence a proceeding in the Circuit Court for purposes
3 of obtaining a judgment on the final determination of
4 violation. Nothing in this Section shall prevent a
5 municipality from consolidating multiple final determinations
6 of parking, standing, or compliance violation against a
7 person in a proceeding. Upon commencement of the action, the
8 municipality shall file a certified copy of the final
9 determination of parking, standing, or compliance violation,
10 which shall be accompanied by a certification that recites
11 facts sufficient to show that the final determination of
12 violation was issued in accordance with this Section and the
13 applicable municipal ordinance. Service of the summons and a
14 copy of the petition may be by any method provided by Section
15 2-203 of the Code of Civil Procedure or by certified mail,
16 return receipt requested, provided that the total amount of
17 fines and penalties for final determinations of parking,
18 standing, or compliance violations does not exceed $2500. If
19 the court is satisfied that the final determination of
20 parking, standing, or compliance violation was entered in
21 accordance with the requirements of this Section and the
22 applicable municipal ordinance, and that the registered owner
23 or the lessee, as the case may be, had an opportunity for an
24 administrative hearing and for judicial review as provided in
25 this Section, the court shall render judgment in favor of the
26 municipality and against the registered owner or the lessee
27 for the amount indicated in the final determination of
28 parking, standing, or compliance violation, plus costs. The
29 judgment shall have the same effect and may be enforced in
30 the same manner as other judgments for the recovery of money.
31 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
32 eff. 1-1-96.)
33 Section 10. The Clerks of Courts Act is amended by
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1 changing Section 27.2a as follows:
2 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
3 Sec. 27.2a. The fees of the clerks of the circuit court
4 in all counties having a population of 3,000,000 or more
5 inhabitants in the instances described in this Section shall
6 be as provided in this Section. The fees shall be paid in
7 advance and shall be as follows:
8 (a) Civil Cases.
9 The fee for filing a complaint, petition, or other
10 pleading initiating a civil action, with the following
11 exceptions, shall be $190.
12 (A) When the amount of money or damages or the
13 value of personal property claimed does not exceed
14 $250, $15.
15 (B) When that amount exceeds $250 but does not
16 exceed $1000, $40.
17 (C) When that amount exceeds $1000 but does
18 not exceed $2500, $50.
19 (D) When that amount exceeds $2500 but does
20 not exceed $5000, $100.
21 (E) When that amount exceeds $5000 but does
22 not exceed $15,000, $150.
23 (F) For the exercise of eminent domain, $150.
24 For each additional lot or tract of land or right or
25 interest therein subject to be condemned, the
26 damages in respect to which shall require separate
27 assessment by a jury, $150.
28 (G) For the final determination of parking,
29 standing, and compliance violations and final
30 administration decisions issued after hearings
31 regarding vehicle immobilization and impoundment
32 made pursuant to Sections 3-704.1, 6-306.5, and
33 11-208.3 of the Illinois Vehicle Code, $25.
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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, $75.
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, $225.
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, $60. When the amount exceeds $1500, but
22 does not exceed $5000, $75. When the amount exceeds
23 $5000, but does not exceed $15,000, $175. When the amount
24 exceeds $15,000, $250.
25 (e) Appearance.
26 The fee for filing an appearance in each civil case
27 shall be $75, except as follows:
28 (A) When the plaintiff in a forcible entry and
29 detainer case seeks possession only, $40.
30 (B) When the amount in the case does not
31 exceed $1500, $40.
32 (C) When that amount exceeds $1500 but does
33 not exceed $15,000, $60.
34 (f) Garnishment, Wage Deduction, and Citation.
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1 In garnishment affidavit, wage deduction affidavit,
2 and citation petition when the amount does not exceed
3 $1,000, $15; when the amount exceeds $1,000 but does not
4 exceed $5,000, $30; and when the amount exceeds $5,000,
5 $50.
6 (g) Petition to Vacate or Modify.
7 (1) Petition to vacate or modify any final judgment
8 or order of court, except in forcible entry and detainer
9 cases and small claims cases or a petition to reopen an
10 estate, to modify, terminate, or enforce a judgment or
11 order for child or spousal support, or to modify,
12 suspend, or terminate an order for withholding, if filed
13 before 30 days after the entry of the judgment or order,
14 $50.
15 (2) Petition to vacate or modify any final judgment
16 or order of court, except a petition to modify,
17 terminate, or enforce a judgment or order for child or
18 spousal support or to modify, suspend, or terminate an
19 order for withholding, if filed later than 30 days after
20 the entry of the judgment or order, $75.
21 (3) Petition to vacate order of bond forfeiture,
22 $40.
23 (h) Mailing.
24 When the clerk is required to mail, the fee will be
25 $10, plus the cost of postage.
26 (i) Certified Copies.
27 Each certified copy of a judgment after the first,
28 except in small claims and forcible entry and detainer
29 cases, $15.
30 (j) Habeas Corpus.
31 For filing a petition for relief by habeas corpus,
32 $125.
33 (k) Certification, Authentication, and Reproduction.
34 (1) Each certification or authentication for taking
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1 the acknowledgment of a deed or other instrument in
2 writing with the seal of office, $6.
3 (2) Court appeals when original documents are
4 forwarded, under 100 pages, plus delivery and costs, $75.
5 (3) Court appeals when original documents are
6 forwarded, over 100 pages, plus delivery and costs, $150.
7 (4) Court appeals when original documents are
8 forwarded, over 200 pages, an additional fee of 25 cents
9 per page.
10 (5) For reproduction of any document contained in
11 the clerk's files:
12 (A) First page, $2.
13 (B) Next 19 pages, 50 cents per page.
14 (C) All remaining pages, 25 cents per page.
15 (l) Remands.
16 In any cases remanded to the Circuit Court from the
17 Supreme Court or the Appellate Court for a new trial, the
18 clerk shall file the remanding order and reinstate the
19 case with either its original number or a new number.
20 The Clerk shall not charge any new or additional fee for
21 the reinstatement. Upon reinstatement the Clerk shall
22 advise the parties of the reinstatement. A party shall
23 have the same right to a jury trial on remand and
24 reinstatement as he or she had before the appeal, and no
25 additional or new fee or charge shall be made for a jury
26 trial after remand.
27 (m) Record Search.
28 For each record search, within a division or
29 municipal district, the clerk shall be entitled to a
30 search fee of $6 for each year searched.
31 (n) Hard Copy.
32 For each page of hard copy print output, when case
33 records are maintained on an automated medium, the clerk
34 shall be entitled to a fee of $6.
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1 (o) Index Inquiry and Other Records.
2 No fee shall be charged for a single
3 plaintiff/defendant index inquiry or single case record
4 inquiry when this request is made in person and the
5 records are maintained in a current automated medium, and
6 when no hard copy print output is requested. The fees to
7 be charged for management records, multiple case records,
8 and multiple journal records may be specified by the
9 Chief Judge pursuant to the guidelines for access and
10 dissemination of information approved by the Supreme
11 Court.
12 (p) Commitment Petitions.
13 For filing commitment petitions under the Mental
14 Health and Developmental Disabilities Code, $50.
15 (q) Alias Summons.
16 For each alias summons or citation issued by the
17 clerk, $5.
18 (r) Other Fees.
19 Any fees not covered in this Section shall be set by
20 rule or administrative order of the Circuit Court with
21 the approval of the Administrative Office of the Illinois
22 Courts.
23 The clerk of the circuit court may provide
24 additional services for which there is no fee specified
25 by statute in connection with the operation of the
26 clerk's office as may be requested by the public and
27 agreed to by the clerk and approved by the chief judge of
28 the circuit court. Any charges for additional services
29 shall be as agreed to between the clerk and the party
30 making the request and approved by the chief judge of the
31 circuit court. Nothing in this subsection shall be
32 construed to require any clerk to provide any service not
33 otherwise required by law.
34 (s) Jury Services.
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1 The clerk shall be entitled to receive, in addition
2 to other fees allowed by law, the sum of $212.50, as a
3 fee for the services of a jury in every civil action not
4 quasi-criminal in its nature and not a proceeding for the
5 exercise of the right of eminent domain and in every
6 other action wherein the right of trial by jury is or may
7 be given by law. The jury fee shall be paid by the party
8 demanding a jury at the time of filing the jury demand.
9 If the fee is not paid by either party, no jury shall be
10 called in the action or proceeding, and the same shall be
11 tried by the court without a jury.
12 (t) Voluntary Assignment.
13 For filing each deed of voluntary assignment, $20;
14 for recording the same, 50¢ for each 100 words.
15 Exceptions filed to claims presented to an assignee of a
16 debtor who has made a voluntary assignment for the
17 benefit of creditors shall be considered and treated, for
18 the purpose of taxing costs therein, as actions in which
19 the party or parties filing the exceptions shall be
20 considered as party or parties plaintiff, and the
21 claimant or claimants as party or parties defendant, and
22 those parties respectively shall pay to the clerk the
23 same fees as provided by this Section to be paid in other
24 actions.
25 (u) Expungement Petition.
26 The clerk shall be entitled to receive a fee of $60
27 for each expungement petition filed and an additional fee
28 of $4 for each certified copy of an order to expunge
29 arrest records.
30 (v) Probate.
31 The clerk is entitled to receive the fees specified in
32 this subsection (v), which shall be paid in advance, except
33 that, for good cause shown, the court may suspend, reduce, or
34 release the costs payable under this subsection:
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1 (1) For administration of the estate of a decedent
2 (whether testate or intestate) or of a missing person,
3 $150, plus the fees specified in subsection (v)(3),
4 except:
5 (A) When the value of the real and personal
6 property does not exceed $15,000, the fee shall be
7 $40.
8 (B) When (i) proof of heirship alone is made,
9 (ii) a domestic or foreign will is admitted to
10 probate without administration (including proof of
11 heirship), or (iii) letters of office are issued for
12 a particular purpose without administration of the
13 estate, the fee shall be $40.
14 (2) For administration of the estate of a ward,
15 $75, plus the fees specified in subsection (v)(3),
16 except:
17 (A) When the value of the real and personal
18 property does not exceed $15,000, the fee shall be
19 $40.
20 (B) When (i) letters of office are issued to a
21 guardian of the person or persons, but not of the
22 estate or (ii) letters of office are issued in the
23 estate of a ward without administration of the
24 estate, including filing or joining in the filing of
25 a tax return or releasing a mortgage or consenting
26 to the marriage of the ward, the fee shall be $20.
27 (3) In addition to the fees payable under
28 subsection (v)(1) or (v)(2) of this Section, the
29 following fees are payable:
30 (A) For each account (other than one final
31 account) filed in the estate of a decedent, or ward,
32 $25.
33 (B) For filing a claim in an estate when the
34 amount claimed is $150 or more but less than $500,
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1 $20; when the amount claimed is $500 or more but
2 less than $10,000, $40; when the amount claimed is
3 $10,000 or more, $60; provided that the court in
4 allowing a claim may add to the amount allowed the
5 filing fee paid by the claimant.
6 (C) For filing in an estate a claim, petition,
7 or supplemental proceeding based upon an action
8 seeking equitable relief including the construction
9 or contest of a will, enforcement of a contract to
10 make a will, and proceedings involving testamentary
11 trusts or the appointment of testamentary trustees,
12 $60.
13 (D) For filing in an estate (i) the appearance
14 of any person for the purpose of consent or (ii) the
15 appearance of an executor, administrator,
16 administrator to collect, guardian, guardian ad
17 litem, or special administrator, no fee.
18 (E) Except as provided in subsection
19 (v)(3)(D), for filing the appearance of any person
20 or persons, $30.
21 (F) For each jury demand, $137.50.
22 (G) For disposition of the collection of a
23 judgment or settlement of an action or claim for
24 wrongful death of a decedent or of any cause of
25 action of a ward, when there is no other
26 administration of the estate, $50, less any amount
27 paid under subsection (v)(1)(B) or (v)(2)(B) except
28 that if the amount involved does not exceed $5,000,
29 the fee, including any amount paid under subsection
30 (v)(1)(B) or (v)(2)(B), shall be $20.
31 (H) For each certified copy of letters of
32 office, of court order or other certification, $2,
33 plus $1 per page in excess of 3 pages for the
34 document certified.
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1 (I) For each exemplification, $2, plus the fee
2 for certification.
3 (4) The executor, administrator, guardian,
4 petitioner, or other interested person or his or her
5 attorney shall pay the cost of publication by the clerk
6 directly to the newspaper.
7 (5) The person on whose behalf a charge is incurred
8 for witness, court reporter, appraiser, or other
9 miscellaneous fee shall pay the same directly to the
10 person entitled thereto.
11 (6) The executor, administrator, guardian,
12 petitioner, or other interested person or his or her
13 attorney shall pay to the clerk all postage charges
14 incurred by the clerk in mailing petitions, orders,
15 notices, or other documents pursuant to the provisions of
16 the Probate Act of 1975.
17 (w) Criminal and Quasi-Criminal Costs and Fees.
18 (1) The clerk shall be entitled to costs in all
19 criminal and quasi-criminal cases from each person
20 convicted or sentenced to supervision therein as follows:
21 (A) Felony complaints, $125.
22 (B) Misdemeanor complaints, $75.
23 (C) Business offense complaints, $75.
24 (D) Petty offense complaints, $75.
25 (E) Minor traffic or ordinance violations,
26 $30.
27 (F) When court appearance required, $50.
28 (G) Motions to vacate or amend final orders,
29 $40.
30 (H) Motions to vacate bond forfeiture orders,
31 $30.
32 (I) Motions to vacate ex parte judgments,
33 whenever filed, $30.
34 (J) Motions to vacate judgment on forfeitures,
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1 whenever filed, $25.
2 (K) Motions to vacate "failure to appear" or
3 "failure to comply" notices sent to the Secretary of
4 State, $40.
5 (2) In counties having a population of 3,000,000 or
6 more, when the violation complaint is issued by a
7 municipal police department, the clerk shall be entitled
8 to costs from each person convicted therein as follows:
9 (A) Minor traffic or ordinance violations,
10 $30.
11 (B) When court appearance required, $50.
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 $112.50 as a fee for the services of a jury. The jury
18 fee shall be paid by the defendant at the time of filing
19 his 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 a 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, $40.
33 (z) Tax objection complaints.
34 For each tax objection complaint containing one or
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1 more tax objections, regardless of the number of parcels
2 involved or the number of taxpayers joining in the
3 complaint, $50.
4 (aa) Tax Deeds.
5 (1) Petition for tax deed, if only one parcel is
6 involved, $250.
7 (2) For each additional parcel, add a fee of $100.
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 3.0% 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 Court. This fee shall be in addition to and separate
27 from amounts ordered to be paid as maintenance or child
28 support and shall be deposited into a Separate
29 Maintenance and Child Support Collection Fund, of which
30 the clerk shall be the custodian, ex-officio, to be used
31 by the clerk to maintain child support orders and record
32 all payments issued by the State Disbursement Unit for
33 the official record of the Court. The clerk may recover
34 from the person making the maintenance or child support
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1 payment any additional cost incurred in the collection of
2 this annual fee.
3 The clerk shall also be entitled to a fee of $5 for
4 certifications made to the Secretary of State as provided
5 in Section 7-703 of the Family Financial Responsibility
6 Law and these fees shall also be deposited into the
7 Separate Maintenance and Child Support Collection Fund.
8 (cc) Corrections of Numbers.
9 For correction of the case number, case title, or
10 attorney computer identification number, if required by
11 rule of court, on any document filed in the clerk's
12 office, to be charged against the party that filed the
13 document, $25.
14 (dd) Exceptions.
15 (1) The fee requirements of this Section shall not
16 apply to police departments or other law enforcement
17 agencies. In this Section, "law enforcement agency"
18 means an agency of the State or a unit of local
19 government which is vested by law or ordinance with the
20 duty to maintain public order and to enforce criminal
21 laws or ordinances. "Law enforcement agency" also means
22 the Attorney General or any state's attorney.
23 (2) No fee provided herein shall be charged to any
24 unit of local government or school district. The fee
25 requirements of this Section shall not apply to any
26 action instituted under subsection (b) of Section 11-31-1
27 of the Illinois Municipal Code by a private owner or
28 tenant of real property within 1200 feet of a dangerous
29 or unsafe building seeking an order compelling the owner
30 or owners of the building to take any of the actions
31 authorized under that subsection.
32 (ee) Adoption.
33 (1) For an adoption.............................$65
34 (2) Upon good cause shown, the court may waive the
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1 adoption filing fee in a special needs adoption. The
2 term "special needs adoption" shall have the meaning
3 ascribed to it by the Illinois Department of Children and
4 Family Services.
5 (ff) Adoption exemptions.
6 No fee other than that set forth in subsection (ee)
7 shall be charged to any person in connection with an
8 adoption proceeding.
9 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
10 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
11 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.