093_HB2319eng

 
HB2319 Engrossed                     LRB093 07850 DRJ 08039 b

 1        AN ACT in relation to courts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Clerks  of  Courts  Act  is  amended by
 5    changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:

 6        (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
 7        Sec. 27.1.  The fees of the Clerk of the Circuit Court in
 8    all counties having a population of  180,000  inhabitants  or
 9    less  shall be paid in advance, except as otherwise provided,
10    and shall be as follows:
11    (a)  Civil Cases.
12             (1)  All  civil  cases  except  as   otherwise
13        provided...........................................   $40
14             (2)  Judicial Sales (except Probate)..........   $40
15    (b)  Family.
16             (1)  Commitment  petitions  under  the  Mental
17        Health  and Developmental Disabilities Code, Filing
18        transcript  of  commitment  proceedings  under  the
19        Mental Health and Developmental  Disabilities  Code
20        held   in  another  county,  and  cases  under  the
21        Juvenile Court Act of 1987.........................   $25
22             (2)  Petition for Marriage Licenses...........   $10
23             (3)  Marriages in Court.......................   $10
24             (4)  Paternity................................   $40
25    (c)  Criminal and Quasi-Criminal.
26             (1)  Each person convicted of a felony........   $40
27             (2)  Each person convicted of  a  misdemeanor,
28        leaving   scene   of  an  accident,  driving  while
29        intoxicated,  reckless  driving  or  drag   racing,
30        driving   when   license   revoked   or  suspended,
31        overweight, or no interstate commerce  certificate,
 
HB2319 Engrossed            -2-      LRB093 07850 DRJ 08039 b
 1        or when the disposition is court supervision.......   $25
 2             (3)  Each   person  convicted  of  a  business
 3        offense............................................   $25
 4             (4)  Each person convicted of a petty offense.   $25
 5             (5)  Minor    traffic,    conservation,     or
 6        ordinance violation, including  without  limitation
 7        when the  disposition  is  court  supervision:
 8                  (i)  For each offense....................   $10
 9                  (ii)  For   each   notice   sent  to  the
10        defendant's  last   known   address   pursuant   to
11        subsection  (c)  of Section 6-306.4 of the Illinois
12        Vehicle Code.......................................    $2
13                  (iii)  For  each  notice  sent   to   the
14        Secretary  of  State  pursuant to subsection (c) of
15        Section 6-306.4 of the Illinois Vehicle Code.......    $2
16             (6)  When Court Appearance required...........   $15
17             (7)  Motions to vacate or amend final orders..   $10
18             (8)  In ordinance violation  cases  punishable
19        by  fine only, the clerk of the circuit court shall
20        be entitled to receive, unless the fee  is  excused
21        upon  a  finding by the court that the defendant is
22        indigent,  in  addition  to  other  fees  or  costs
23        allowed or imposed by law, the sum of $62.50  as  a
24        fee for the services of a jury.  The jury fee shall
25        be  paid by the defendant at the time of filing his
26        or her jury demand.  If the fee is not so  paid  by
27        the  defendant,  no  jury  shall be called, and the
28        case shall be tried by the court without a jury.
29    (d)  Other Civil Cases.
30             (1)  Money or personal property  claimed  does
31        not exceed $500....................................   $10
32             (2)  Exceeds $500 but not more than $10,000...   $25
33             (3)  Exceeds  $10,000, when relief in addition
34        to or supplemental to recovery of  money  alone  is
 
HB2319 Engrossed            -3-      LRB093 07850 DRJ 08039 b
 1        sought  in  an  action to recover personal property
 2        taxes or retailers occupational tax  regardless  of
 3        amount claimed.....................................   $45
 4             (4)  The  Clerk  of the Circuit Court shall be
 5        entitled to receive,  in  addition  to  other  fees
 6        allowed by law, the sum of $62.50, as a fee for the
 7        services  of  a  jury  in  every  civil  action not
 8        quasi-criminal in its nature and not  a  proceeding
 9        for  the  exercise  of the right of eminent domain,
10        and in every equitable action wherein the right  of
11        trial  by jury is or may be given by law.  The jury
12        fee shall be paid by the party demanding a jury  at
13        the  time of filing his jury demand.  If such a fee
14        is not paid by  either  party,  no  jury  shall  be
15        called  in the action, suit, or proceeding, and the
16        same shall be tried by the court without a jury.
17    (e)  Confession of judgment and answer.
18             (1)  When the amount does not exceed $1,000...   $20
19             (2)  Exceeds $1,000...........................   $40
20    (f)  Auxiliary Proceedings.
21             Any  auxiliary  proceeding  relating  to   the
22        collection   of   a   money   judgment,   including
23        garnishment, citation, or wage deduction action....    $5
24    (g)  Forcible entry and detainer.
25             (1)  For  possession  only  or  possession and
26        rent not in excess of $10,000......................   $10
27             (2)  For possession  and  rent  in  excess  of
28        $10,000............................................   $40
29    (h)  Eminent Domain.
30             (1)  Exercise of Eminent Domain...............   $45
31             (2)  For  each  and every lot or tract of land
32        or  right  or  interest  therein  subject   to   be
33        condemned,  the  damages  in respect to which shall
34        require separate assessments by a jury.............   $45
 
HB2319 Engrossed            -4-      LRB093 07850 DRJ 08039 b
 1    (i)  Reinstatement.
 2             Each case including petition for  modification
 3        of a judgment or order of Court if filed later than
 4        30  days  after  the  entry of a judgment or order,
 5        except in forcible entry  and  detainer  cases  and
 6        small  claims  and  except  a  petition  to modify,
 7        terminate, or enforce  a  judgement  or  order  for
 8        child  or spousal support or to modify, suspend, or
 9        terminate an order  for  withholding,  petition  to
10        vacate   judgment   of   dismissal   for   want  of
11        prosecution whenever filed, petition to  reopen  an
12        estate, or redocketing of any cause................   $20
13    (j)  Probate.
14             (1)  Administration   of  decedent's  estates,
15        whether testate or intestate, guardianships of  the
16        person  or  estate  or both of a person under legal
17        disability, guardianships of the person  or  estate
18        or  both of a minor or minors, or petitions to sell
19        real estate in the administration of any estate....   $50
20             (2)  Small estates in cases where the real and
21        personal property of  an  estate  does  not  exceed
22        $5,000.............................................   $25
23             (3)  At  any time during the administration of
24        the estate, however, at the request of  the  Clerk,
25        the  Court  shall  examine the record of the estate
26        and the personal representative  to  determine  the
27        total  value  of  the real and personal property of
28        the estate, and if such value exceeds $5,000  shall
29        order  the  payment  of  an  additional  fee in the
30        amount of..........................................   $40
31             (4)  Inheritance tax proceedings..............   $15
32             (5)  Issuing  letters  only  for   a   certain
33        specific reason other than the administration of an
34        estate, including but not limited to the release of
 
HB2319 Engrossed            -5-      LRB093 07850 DRJ 08039 b
 1        mortgage;  the  issue of letters of guardianship in
 2        order that consent to marriage may  be  granted  or
 3        for  some  other specific reason other than for the
 4        care of  property  or  person;  proof  of  heirship
 5        without  administration;  or  when  a will is to be
 6        admitted to  probate,  but  the  estate  is  to  be
 7        settled without administration.....................   $10
 8             (6)  When a separate complaint relating to any
 9        matter  other  than  a routine claim is filed in an
10        estate,  the  required  additional  fee  shall   be
11        charged for such filing............................   $45
12    (k)  Change of Venue.
13             From a court, the charge is the same amount as
14        the  original  filing  fee;  however,  the  fee for
15        preparation and certification of record  on  change
16        of  venue,  when  original  documents or copies are
17        forwarded..........................................   $10
18    (l)  Answer, adverse pleading, or appearance.
19             In civil cases................................   $15
20             With the following exceptions:
21             (1)  When the amount does not exceed $500.....    $5
22             (2)  When amount exceeds $500 but not $10,000.   $10
23             (3)  When amount exceeds $10,000..............   $15
24             (4)  Court   appeals   when   documents    are
25        forwarded,  over 200 pages, additional fee per page
26        over 200...........................................   10¢
27    (m)  Tax objection complaints.
28             For each tax  objection  complaint  containing
29        one  or  more  tax  objections,  regardless  of the
30        number  of  parcels  involved  or  the  number   of
31        taxpayers joining the complaint....................   $10
32    (n)  Tax deed.
33             (1)  Petition for tax deed, if only one parcel
34        is involved........................................   $45
 
HB2319 Engrossed            -6-      LRB093 07850 DRJ 08039 b
 1             (2)  For  each  additional parcel involved, an
 2        additional fee of..................................   $10
 3    (o)  Mailing Notices and Processes.
 4             (1)  All notices that the clerk is required to
 5        mail as first class mail...........................    $2
 6             (2)  For all processes or notices the Clerk is
 7        required to mail by certified or  registered  mail,
 8        the fee will be $2 plus cost of postage.
 9    (p)  Certification or Authentication.
10             (1)  Each  certification or authentication for
11        taking the  acknowledgement  of  a  deed  or  other
12        instrument in writing with seal of office..........    $2
13             (2)  Court appeals when original documents are
14        forwarded, 100 pages or under, plus delivery costs.   $25
15             (3)  Court appeals when original documents are
16        forwarded, over 100 pages, plus delivery costs.....   $60
17             (4)  Court appeals when original documents are
18        forwarded,  over 200 pages, additional fee per page
19        over 200...........................................   10¢
20    (q)  Reproductions.
21             Each  record  of  proceedings  and   judgment,
22        whether  on  appeal,  change  of  venue,  certified
23        copies  of  orders  and  judgments,  and  all other
24        instruments, documents, records, or papers:
25                  (1)  First page..........................    $1
26                  (2)  Next 19 pages, per page.............   50¢
27                  (3)  All remaining pages, per page.......   25¢
28    (r)  Counterclaim.
29             When any defendant  files  a  counterclaim  as
30        part  of  his or her answer or otherwise,  or joins
31        another party as a third party defendant, or  both,
32        he   or   she   shall  pay  a  fee  for  each  such
33        counterclaim or third party  action  in  an  amount
34        equal  to  the  fee he or she would have had to pay
 
HB2319 Engrossed            -7-      LRB093 07850 DRJ 08039 b
 1        had he or she brought a  separate  action  for  the
 2        relief  sought  in  the counterclaim or against the
 3        third party  defendant,  less  the  amount  of  the
 4        appearance fee, if that has been paid.
 5    (s)  Transcript of Judgment.
 6             From   a  court,  the  same  fee  as  if  case
 7        originally filed.
 8    (t)  Publications.
 9             The cost of publication shall be paid directly
10        to  the  publisher  by  the  person   seeking   the
11        publication,  whether  the clerk is required by law
12        to publish, or the parties to the action.
13    (u)  Collections.
14             (1)  For  all  collections  made  for  others,
15        except  the  State  and  County   and   except   in
16        maintenance  or child support cases, a sum equal to
17        2% of the amount collected and turned over.
18             (2)  In any  cases  remanded  to  the  Circuit
19        Court  from  the  Supreme  Court  or  the Appellate
20        Court, the Clerk shall file the remanding order and
21        reinstate the case with either its original  number
22        or  a  new  number.  The Clerk shall not charge any
23        new or additional fee for the reinstatement.   Upon
24        reinstatement the Clerk shall advise the parties of
25        the  reinstatement.   A  party  shall have the same
26        right to a jury trial on remand  and  reinstatement
27        as  he  or  she  had  before  the  appeal,  and  no
28        additional or new fee or charge shall be made for a
29        jury trial after remand.
30             (3)  In maintenance and child support matters,
31        the  Clerk  may  deduct from each payment an amount
32        equal to the United States postage to  be  used  in
33        mailing  the  maintenance or child support check to
34        the recipient.  In  such  cases,  the  Clerk  shall
 
HB2319 Engrossed            -8-      LRB093 07850 DRJ 08039 b
 1        collect  an annual fee of up to $36 from the person
 2        making such payment for maintaining  child  support
 3        records and the processing of support orders to the
 4        State  of Illinois KIDS system and the recording of
 5        payments issued by the State Disbursement Unit  for
 6        the official record of the Court. Such sum shall be
 7        in addition to and separate from amounts ordered to
 8        be  paid  as maintenance or child support and shall
 9        be deposited in a separate  Maintenance  and  Child
10        Support Collection Fund of which the Clerk shall be
11        the  custodian, ex officio, to be used by the Clerk
12        to maintain child support  orders  and  record  all
13        payments  issued by the State Disbursement Unit for
14        the official record of the Court.  Unless  paid  in
15        cash  or  pursuant to an order for withholding, the
16        payment  of  the  fee  shall  be  by   a   separate
17        instrument  from  the  support payment and shall be
18        made to the order  of  the  Clerk.  The  Clerk  may
19        recover  from  the person making the maintenance or
20        child support payment any additional cost  incurred
21        in the collection of this annual fee.
22             (4)  Interest  earned on any funds held by the
23        clerk shall be turned over to  the  county  general
24        fund as an earning of the office.
25             The  Clerk  shall also be entitled to a fee of
26        $5 for certifications  made  to  the  Secretary  of
27        State  as  provided  in Section 7-703 of the Family
28        Financial Responsibility Law and these  fees  shall
29        also be deposited into the Separate Maintenance and
30        Child Support Collection Fund.
31    (v)  Correction of Cases.
32             For  correcting  the case number or case title
33        on any document filed in his office, to be  charged
34        against the party that filed the document..........   $10
 
HB2319 Engrossed            -9-      LRB093 07850 DRJ 08039 b
 1    (w)  Record Search.
 2             For searching a record, per year searched.....    $4
 3    (x)  Printed Output.
 4             For  each page of hard copy print output, when
 5        case records are maintained on an automated medium.    $2
 6    (y)  Alias Summons.
 7             For each alias summons issued.................    $2
 8    (z)  Expungement of Records.
 9             For each expungement petition filed...........   $15
10    (aa)  Other Fees.
11             Any fees not covered by this Section shall be set by
12        rule or administrative order of the Circuit  Court,  with
13        the approval of the Supreme Court.
14    (bb)  Exemptions.
15             No  fee  provided for herein shall be charged to any
16        unit of State or  local  government  or  school  district
17        unless  the Court orders another party to pay such fee on
18        its behalf. The fee requirements of  this  Section  shall
19        not  apply to police departments or other law enforcement
20        agencies. In this Section, "law enforcement agency" means
21        an agency of the State or a unit of local government that
22        is vested by law or ordinance with the duty  to  maintain
23        public order and to enforce criminal laws and ordinances.
24        The  fee  requirements of this Section shall not apply to
25        any action instituted under  subsection  (b)  of  Section
26        11-31-1 of the Illinois Municipal Code by a private owner
27        or  tenant  of  real  property  within  1200  feet  of  a
28        dangerous  or unsafe building seeking an order compelling
29        the owner or owners of the building to take  any  of  the
30        actions authorized under that subsection.
31             No fee provided for in this Section shall be charged
32        in  connection with the filing of any commitment petition
33        or petition for an order authorizing  the  administration
34        of  authorized  involuntary  treatment  in  the  form  of
 
HB2319 Engrossed            -10-     LRB093 07850 DRJ 08039 b
 1        medication  under  the  Mental  Health  and Developmental
 2        Disabilities Code.
 3    (cc)  Adoptions.
 4             (1)  For an adoption.............................$65
 5             (2)  Upon good cause shown, the court may waive  the
 6        adoption  filing  fee  in  a special needs adoption.  The
 7        term "special needs  adoption"  shall  have  the  meaning
 8        ascribed to it by the Illinois Department of Children and
 9        Family Services.
10    (dd)  Adoption exemptions.
11             No  fee other than that set forth in subsection (cc)
12        shall be charged to any  person  in  connection  with  an
13        adoption proceeding.
14    (ee)  Additional Services.
15             Beginning  July  1,  1993,  the clerk of the circuit
16        court may provide  such  additional  services  for  which
17        there  is  no fee specified by statute in connection with
18        the operation of the clerk's office as may  be  requested
19        by  the  public  and  agreed  to by the public and by the
20        clerk and approved  by the chief  judge  of  the  circuit
21        court.   Any  charges for additional services shall be as
22        agreed to between the clerk  and  the  party  making  the
23        request  and  approved  by the chief judge of the circuit
24        court.   Nothing in this subsection shall be construed to
25        require any clerk to provide any  service  not  otherwise
26        required by law.
27    (ff)  Returned checks.
28             For  each  check  delivered to the clerk that is not
29        honored on 2 occasions by the financial institution  upon
30        which  it  is  drawn because of insufficient funds in the
31        account, because the account is closed, because there  is
32        no  account, or because a stop payment has been placed on
33        the check, in addition to the amount already owed....$25.
34    (Source: P.A. 91-165,  eff.  7-16-99;  91-321,  eff.  1-1-00;
 
HB2319 Engrossed            -11-     LRB093 07850 DRJ 08039 b
 1    91-357,  eff.  7-29-99;  91-612,  eff.  10-1-99;  92-16, eff.
 2    6-28-01; 92-114, eff. 1-1-02.)

 3        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
 4        Sec. 27.1a.  The fees of the clerks of the circuit  court
 5    in  all counties having a population in excess of 180,000 but
 6    not more than 500,000 inhabitants in the instances  described
 7    in  this  Section  shall be as provided in this Section.  The
 8    fees shall be paid in advance and shall be as follows:
 9    (a)  Civil Cases.
10             The fee for filing a complaint, petition,  or  other
11        pleading  initiating  a  civil action, with the following
12        exceptions, shall be $150.
13                  (A)  When the amount of money or damages or the
14             value of personal property claimed does  not  exceed
15             $250, $10.
16                  (B)  When that amount exceeds $250 but does not
17             exceed $500, $20.
18                  (C)  When that amount exceeds $500 but does not
19             exceed $2500, $30.
20                  (D)  When  that  amount  exceeds $2500 but does
21             not exceed $15,000, $75.
22                  (E)  For the exercise of eminent domain,  $150.
23             For each additional lot or tract of land or right or
24             interest   therein  subject  to  be  condemned,  the
25             damages in respect to which shall  require  separate
26             assessment by a jury, $150.
27    (a-1)  Family.
28             For  filing  a petition under the Juvenile Court Act
29        of 1987, $25.
30             For filing a petition for a marriage license, $10.
31             For performing a marriage in court, $10.
32             For filing a petition under the  Illinois  Parentage
33        Act of 1984, $40.

 
HB2319 Engrossed            -12-     LRB093 07850 DRJ 08039 b
 1    (b)  Forcible Entry and Detainer.
 2             In  each  forcible  entry and detainer case when the
 3        plaintiff seeks possession only or unites with his or her
 4        claim for possession of the property a claim for rent  or
 5        damages  or  both  in the amount of $15,000 or less, $40.
 6        When the plaintiff unites his or her claim for possession
 7        with a claim  for  rent  or  damages  or  both  exceeding
 8        $15,000, $150.
 9    (c)  Counterclaim or Joining Third Party Defendant.
10             When  any  defendant files a counterclaim as part of
11        his or her answer or otherwise or joins another party  as
12        a third party defendant, or both, the defendant shall pay
13        a  fee  for each counterclaim or third party action in an
14        amount equal to the fee he or she would have had  to  pay
15        had  he  or  she brought a separate action for the relief
16        sought in the counterclaim or  against  the  third  party
17        defendant, less the amount of the appearance fee, if that
18        has been paid.
19    (d)  Confession of Judgment.
20             In a confession of judgment when the amount does not
21        exceed  $1500,  $50.  When  the amount exceeds $1500, but
22        does not exceed $15,000, $115. When  the  amount  exceeds
23        $15,000, $200.
24    (e)  Appearance.
25             The  fee for filing an appearance in each civil case
26        shall be $50, except as follows:
27                  (A)  When the plaintiff in a forcible entry and
28             detainer case seeks possession only, $20.
29                  (B)  When the  amount  in  the  case  does  not
30             exceed $1500, $20.
31                  (C)  When  that  amount  exceeds $1500 but does
32             not exceed $15,000, $40.
33    (f)  Garnishment, Wage Deduction, and Citation.
34             In garnishment affidavit, wage deduction  affidavit,
 
HB2319 Engrossed            -13-     LRB093 07850 DRJ 08039 b
 1        and  citation  petition  when  the amount does not exceed
 2        $1,000, $10; when the amount exceeds $1,000 but does  not
 3        exceed  $5,000,  $20; and when the amount exceeds $5,000,
 4        $30.
 5    (g)  Petition to Vacate or Modify.
 6             (1)  Petition to vacate or modify any final judgment
 7        or order of court, except in forcible entry and  detainer
 8        cases  and  small claims cases or a petition to reopen an
 9        estate, to modify, terminate, or enforce  a  judgment  or
10        order  for  child  or  spousal  support,  or  to  modify,
11        suspend,  or terminate an order for withholding, if filed
12        before 30 days after the entry of the judgment or  order,
13        $40.
14             (2)  Petition to vacate or modify any final judgment
15        or   order   of  court,  except  a  petition  to  modify,
16        terminate, or enforce a judgment or order  for  child  or
17        spousal  support  or  to modify, suspend, or terminate an
18        order for withholding, if filed later than 30 days  after
19        the entry of the judgment or order, $60.
20             (3)  Petition  to  vacate  order of bond forfeiture,
21        $20.
22    (h)  Mailing.
23             When the clerk is required to mail, the fee will  be
24        $6, plus the cost of postage.
25    (i)  Certified Copies.
26             Each  certified  copy of a judgment after the first,
27        except in small claims and forcible  entry  and  detainer
28        cases, $10.
29    (j)  Habeas Corpus.
30             For  filing  a petition for relief by habeas corpus,
31        $80.
32    (k)  Certification, Authentication, and Reproduction.
33             (1)  Each certification or authentication for taking
34        the acknowledgment of  a  deed  or  other  instrument  in
 
HB2319 Engrossed            -14-     LRB093 07850 DRJ 08039 b
 1        writing with the seal of office, $4.
 2             (2)  Court   appeals  when  original  documents  are
 3        forwarded, under 100 pages, plus delivery and costs, $50.
 4             (3)  Court  appeals  when  original  documents   are
 5        forwarded, over 100 pages, plus delivery and costs, $120.
 6             (4)  Court   appeals  when  original  documents  are
 7        forwarded, over 200 pages, an additional fee of 20  cents
 8        per page.
 9             (5)  For  reproduction  of any document contained in
10        the clerk's files:
11                  (A)  First page, $2.
12                  (B)  Next 19 pages, 50 cents per page.
13                  (C)  All remaining pages, 25 cents per page.
14    (l)  Remands.
15             In any cases remanded to the Circuit Court  from the
16        Supreme Court or the Appellate Court for a new trial, the
17        clerk shall file the remanding order  and  reinstate  the
18        case with either its original number or a new number. The
19        Clerk  shall not charge any new or additional fee for the
20        reinstatement. Upon reinstatement the Clerk shall  advise
21        the parties of the reinstatement.  A party shall have the
22        same right to a jury trial on remand and reinstatement as
23        he or she had before the appeal, and no additional or new
24        fee  or  charge  shall  be  made  for  a jury trial after
25        remand.
26    (m)  Record Search.
27             For  each  record  search,  within  a  division   or
28        municipal  district,  the  clerk  shall  be entitled to a
29        search fee of $4 for each year searched.
30    (n)  Hard Copy.
31             For each page of hard copy print output,  when  case
32        records  are maintained on an automated medium, the clerk
33        shall be entitled to a fee of $4.
34    (o)  Index Inquiry and Other Records.
 
HB2319 Engrossed            -15-     LRB093 07850 DRJ 08039 b
 1             No   fee   shall   be   charged   for    a    single
 2        plaintiff/defendant  index  inquiry or single case record
 3        inquiry when this request  is  made  in  person  and  the
 4        records are maintained in a current automated medium, and
 5        when no hard copy print output is requested.  The fees to
 6        be charged for management records, multiple case records,
 7        and  multiple  journal  records  may  be specified by the
 8        Chief Judge pursuant to the  guidelines  for  access  and
 9        dissemination  of  information  approved  by  the Supreme
10        Court.
11    (p)  (Blank).  Commitment Petitions.
12             For filing commitment  petitions  under  the  Mental
13        Health and Developmental Disabilities Code and for filing
14        a  transcript  of  commitment proceedings held in another
15        county, $25.
16    (q)  Alias Summons.
17             For each alias summons or  citation  issued  by  the
18        clerk, $4.
19    (r)  Other Fees.
20             Any fees not covered in this Section shall be set by
21        rule  or  administrative  order of the Circuit Court with
22        the approval of the Administrative Office of the Illinois
23        Courts.
24             The  clerk  of  the  circuit   court   may   provide
25        additional  services  for which there is no fee specified
26        by statute  in  connection  with  the  operation  of  the
27        clerk's  office  as  may  be  requested by the public and
28        agreed to by the clerk and approved by the chief judge of
29        the circuit court.  Any charges for  additional  services
30        shall  be  as  agreed  to between the clerk and the party
31        making the request and approved by the chief judge of the
32        circuit court.   Nothing  in  this  subsection  shall  be
33        construed to require any clerk to provide any service not
34        otherwise required by law.
 
HB2319 Engrossed            -16-     LRB093 07850 DRJ 08039 b
 1    (s)  Jury Services.
 2             The  clerk shall be entitled to receive, in addition
 3        to other fees allowed by law, the sum of  $192.50,  as  a
 4        fee  for the services of a jury in every civil action not
 5        quasi-criminal in its nature and not a proceeding for the
 6        exercise of the right of  eminent  domain  and  in  every
 7        other action wherein the right of trial by jury is or may
 8        be given by law.  The jury fee shall be paid by the party
 9        demanding  a  jury at the time of filing the jury demand.
10        If the fee is not paid by either party, no jury shall  be
11        called in the action or proceeding, and the same shall be
12        tried by the court without a jury.
13    (t)  Voluntary Assignment.
14             For  filing  each deed of voluntary assignment, $10;
15        for  recording  the  same,  25¢  for  each   100   words.
16        Exceptions  filed to claims presented to an assignee of a
17        debtor who  has  made  a  voluntary  assignment  for  the
18        benefit of creditors shall be considered and treated, for
19        the  purpose of taxing costs therein, as actions in which
20        the party or  parties  filing  the  exceptions  shall  be
21        considered   as  party  or  parties  plaintiff,  and  the
22        claimant or claimants as party or parties defendant,  and
23        those  parties  respectively  shall  pay to the clerk the
24        same fees as provided by this Section to be paid in other
25        actions.
26    (u)  Expungement Petition.
27             The clerk shall be entitled to receive a fee of  $30
28        for each expungement petition filed and an additional fee
29        of  $2  for   each  certified copy of an order to expunge
30        arrest records.
31    (v)  Probate.
32             The clerk is entitled to receive the fees  specified
33        in  this  subsection (v), which shall be paid in advance,
34        except that, for good cause shown, the court may suspend,
 
HB2319 Engrossed            -17-     LRB093 07850 DRJ 08039 b
 1        reduce,  or  release  the  costs   payable   under   this
 2        subsection:
 3             (1)  For  administration of the estate of a decedent
 4        (whether testate or intestate) or of  a  missing  person,
 5        $100,  plus  the  fees  specified  in  subsection (v)(3),
 6        except:
 7                  (A)  When the value of the  real  and  personal
 8             property  does  not exceed $15,000, the fee shall be
 9             $25.
10                  (B)  When (i) proof of heirship alone is  made,
11             (ii)  a  domestic  or  foreign  will  is admitted to
12             probate without administration (including  proof  of
13             heirship), or (iii) letters of office are issued for
14             a  particular  purpose without administration of the
15             estate, the fee shall be $25.
16             (2)  For administration of the  estate  of  a  ward,
17        $50,  plus  the  fees  specified  in  subsection  (v)(3),
18        except:
19                  (A)  When  the  value  of the real and personal
20             property does not exceed $15,000, the fee  shall  be
21             $25.
22                  (B)  When (i) letters of office are issued to a
23             guardian  of  the  person or persons, but not of the
24             estate or (ii) letters of office are issued  in  the
25             estate  of  a  ward  without  administration  of the
26             estate, including filing or joining in the filing of
27             a tax return or releasing a mortgage  or  consenting
28             to the marriage of the ward, the fee shall be $10.
29             (3)  In   addition   to   the   fees  payable  under
30        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
31        following fees are payable:
32                  (A)  For  each  account  (other  than one final
33             account) filed in the estate of a decedent, or ward,
34             $15.
 
HB2319 Engrossed            -18-     LRB093 07850 DRJ 08039 b
 1                  (B)  For filing a claim in an estate  when  the
 2             amount  claimed  is $150 or more but less than $500,
 3             $10; when the amount claimed is  $500  or  more  but
 4             less  than  $10,000, $25; when the amount claimed is
 5             $10,000 or more, $40; provided  that  the  court  in
 6             allowing  a  claim may add to the amount allowed the
 7             filing fee paid by the claimant.
 8                  (C)  For filing in an estate a claim, petition,
 9             or supplemental  proceeding  based  upon  an  action
10             seeking  equitable relief including the construction
11             or contest of a will, enforcement of a  contract  to
12             make  a will, and proceedings involving testamentary
13             trusts or the appointment of testamentary  trustees,
14             $40.
15                  (D)  For filing in an estate (i) the appearance
16             of any person for the purpose of consent or (ii) the
17             appearance    of    an    executor,   administrator,
18             administrator  to  collect,  guardian,  guardian  ad
19             litem, or special administrator, no fee.
20                  (E)  Except   as   provided    in    subsection
21             (v)(3)(D),  for  filing the appearance of any person
22             or persons, $10.
23                  (F)  For each jury demand, $102.50.
24                  (G)  For disposition of  the  collection  of  a
25             judgment  or  settlement  of  an action or claim for
26             wrongful death of a decedent  or  of  any  cause  of
27             action   of   a   ward,   when  there  is  no  other
28             administration of the estate, $30, less  any  amount
29             paid  under subsection (v)(1)(B) or (v)(2)(B) except
30             that if the amount involved does not exceed  $5,000,
31             the  fee, including any amount paid under subsection
32             (v)(1)(B) or (v)(2)(B), shall be $10.
33                  (H)  For each  certified  copy  of  letters  of
34             office,  of  court order or other certification, $1,
 
HB2319 Engrossed            -19-     LRB093 07850 DRJ 08039 b
 1             plus 50¢ per page in  excess  of  3  pages  for  the
 2             document certified.
 3                  (I)  For each exemplification, $1, plus the fee
 4             for certification.
 5             (4)  The    executor,    administrator,    guardian,
 6        petitioner,  or  other  interested  person  or his or her
 7        attorney shall pay the cost of publication by  the  clerk
 8        directly to the newspaper.
 9             (5)  The person on whose behalf a charge is incurred
10        for   witness,   court   reporter,  appraiser,  or  other
11        miscellaneous fee shall pay  the  same  directly  to  the
12        person entitled thereto.
13             (6)  The    executor,    administrator,    guardian,
14        petitioner,  or  other  interested  person  or his or her
15        attorney shall pay  to  the  clerk  all  postage  charges
16        incurred  by  the  clerk  in  mailing  petitions, orders,
17        notices, or other documents pursuant to the provisions of
18        the Probate Act of 1975.
19    (w)  Criminal and Quasi-Criminal Costs and Fees.
20             (1)  The clerk shall be entitled  to  costs  in  all
21        criminal   and  quasi-criminal  cases  from  each  person
22        convicted or sentenced to supervision therein as follows:
23                  (A)  Felony complaints, $80.
24                  (B)  Misdemeanor complaints, $50.
25                  (C)  Business offense complaints, $50.
26                  (D)  Petty offense complaints, $50.
27                  (E)  Minor  traffic  or  ordinance  violations,
28             $20.
29                  (F)  When court appearance required, $30.
30                  (G)  Motions to vacate or amend  final  orders,
31             $20.
32                  (H)  Motions  to vacate bond forfeiture orders,
33             $20.
34                  (I)  Motions  to  vacate  ex  parte  judgments,
 
HB2319 Engrossed            -20-     LRB093 07850 DRJ 08039 b
 1             whenever filed, $20.
 2                  (J)  Motions to vacate judgment on forfeitures,
 3             whenever filed, $20.
 4                  (K)  Motions to vacate "failure to  appear"  or
 5             "failure to comply" notices sent to the Secretary of
 6             State, $20.
 7             (2)  In  counties  having  a population in excess of
 8        180,000 but not more than 500,000 inhabitants,  when  the
 9        violation  complaint  is  issued  by  a  municipal police
10        department, the clerk shall be  entitled  to  costs  from
11        each person convicted therein as follows:
12                  (A)  Minor  traffic  or  ordinance  violations,
13             $10.
14                  (B)  When court appearance required, $15.
15             (3)  In ordinance violation cases punishable by fine
16        only, the clerk of the circuit court shall be entitled to
17        receive,  unless the fee is excused upon a finding by the
18        court that the defendant  is  indigent,  in  addition  to
19        other fees or costs allowed or imposed by law, the sum of
20        $62.50 as a fee for the services of a jury.  The jury fee
21        shall  be paid by the defendant at the time of filing his
22        or her jury demand.  If the fee is not  so  paid  by  the
23        defendant, no jury shall be called, and the case shall be
24        tried by the court without a jury.
25    (x)  Transcripts of Judgment.
26             For  the  filing  of  a  transcript of judgment, the
27        clerk shall be entitled to the same fee as if it were the
28        commencement of a new suit.
29    (y)  Change of Venue.
30             (1)  For the filing of a change of case on a  change
31        of  venue, the clerk shall be entitled to the same fee as
32        if it were the commencement of a new suit.
33             (2)  The fee for the preparation  and  certification
34        of a record on a change of venue to another jurisdiction,
 
HB2319 Engrossed            -21-     LRB093 07850 DRJ 08039 b
 1        when original documents are forwarded, $25.
 2    (z)  Tax objection complaints.
 3             For  each  tax objection complaint containing one or
 4        more tax objections, regardless of the number of  parcels
 5        involved  or  the  number  of  taxpayers  joining  on the
 6        complaint, $25.
 7    (aa)  Tax Deeds.
 8             (1)  Petition for tax deed, if only  one  parcel  is
 9        involved, $150.
10             (2)  For each additional parcel, add a fee of $50.
11    (bb)  Collections.
12             (1)  For  all collections made of others, except the
13        State and county  and  except  in  maintenance  or  child
14        support  cases,  a  sum  equal  to  2.5%  of  the  amount
15        collected and turned over.
16             (2)  Interest  earned on any funds held by the clerk
17        shall be turned over to the county  general  fund  as  an
18        earning of the office.
19             (3)  For  any check, draft, or other bank instrument
20        returned to the clerk for non-sufficient  funds,  account
21        closed, or payment stopped, $25.
22             (4)  In  child  support  and  maintenance cases, the
23        clerk, if authorized by an ordinance of the county board,
24        may collect an annual fee of up to $36  from  the  person
25        making  payment for maintaining child support records and
26        the processing of support orders to the State of Illinois
27        KIDS system and the recording of payments issued  by  the
28        State  Disbursement  Unit  for the official record of the
29        Court.  This fee shall be in  addition  to  and  separate
30        from  amounts  ordered to be paid as maintenance or child
31        support  and  shall  be   deposited   into   a   Separate
32        Maintenance  and  Child Support Collection Fund, of which
33        the clerk shall be the custodian, ex-officio, to be  used
34        by  the clerk to maintain child support orders and record
 
HB2319 Engrossed            -22-     LRB093 07850 DRJ 08039 b
 1        all payments issued by the State  Disbursement  Unit  for
 2        the  official  record of the Court. The clerk may recover
 3        from the person making the maintenance or  child  support
 4        payment   any  additional cost incurred in the collection
 5        of this annual fee.
 6             The clerk shall also be entitled to a fee of $5  for
 7        certifications made to the Secretary of State as provided
 8        in  Section  7-703 of the Family Financial Responsibility
 9        Law and these fees  shall  also  be  deposited  into  the
10        Separate Maintenance and Child Support Collection Fund.
11    (cc)  Corrections of Numbers.
12             For  correction  of  the case number, case title, or
13        attorney computer identification number, if  required  by
14        rule  of  court,  on  any  document  filed in the clerk's
15        office, to be charged against the party  that  filed  the
16        document, $15.
17    (dd)  Exceptions.
18             (1)  The  fee requirements of this Section shall not
19        apply to police  departments  or  other  law  enforcement
20        agencies.   In  this  Section,  "law  enforcement agency"
21        means  an  agency  of  the  State  or  a  unit  of  local
22        government which is vested by law or ordinance  with  the
23        duty  to  maintain  public  order and to enforce criminal
24        laws or ordinances.  "Law enforcement agency" also  means
25        the Attorney General or any state's attorney.
26             (2)  No  fee provided herein shall be charged to any
27        unit of local government or school district.
28             (3)  The fee requirements of this Section shall  not
29        apply  to  any  action instituted under subsection (b) of
30        Section 11-31-1 of  the  Illinois  Municipal  Code  by  a
31        private owner or tenant of real property within 1200 feet
32        of  a  dangerous  or  unsafe  building  seeking  an order
33        compelling the owner or owners of the  building  to  take
34        any of the actions authorized under that subsection.
 
HB2319 Engrossed            -23-     LRB093 07850 DRJ 08039 b
 1             (4)  The  fee requirements of this Section shall not
 2        apply  to  the  filing  of  any  commitment  petition  or
 3        petition for an order authorizing the  administration  of
 4        authorized   involuntary   treatment   in   the  form  of
 5        medication under  the  Mental  Health  and  Developmental
 6        Disabilities Code.
 7    (ee)  Adoptions.
 8             (1)  For an adoption.............................$65
 9             (2)  Upon  good cause shown, the court may waive the
10        adoption filing fee in a  special  needs  adoption.   The
11        term  "special  needs  adoption"  shall  have the meaning
12        ascribed to it by the Illinois Department of Children and
13        Family Services.
14    (ff)  Adoption exemptions.
15             No fee other than that set forth in subsection  (ee)
16        shall  be  charged  to  any  person in connection with an
17        adoption proceeding.
18    (Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
19    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

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

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

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.