Sen. David Koehler

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1123

2    AMENDMENT NO. ______. Amend Senate Bill 1123 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Sections 4-4001 and 4-12003 as follows:
 
6    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
7    Sec. 4-4001. County Clerks; counties of first and second
8class. The fees of the county clerk in counties of the first
9and second class, except when increased by county ordinance
10pursuant to the provisions of this Section, shall be:
11    For each official copy of any process, file, record or
12other instrument of and pertaining to his office, 50¢ for each
13100 words, and $1 additional for certifying and sealing the
14same.
15    For filing any paper not herein otherwise provided for, $1,
16except that no fee shall be charged for filing a Statement of

 

 

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1economic interest pursuant to the Illinois Governmental Ethics
2Act or reports made pursuant to Article 9 of The Election Code.
3    For issuance of fireworks permits, $2.
4    For issuance of liquor licenses, $5.
5    For filing and recording of the appointment and oath of
6each public official, $3.
7    For officially certifying and sealing each copy of any
8process, file, record or other instrument of and pertaining to
9his office, $1.
10    For swearing any person to an affidavit, $1.
11    For issuing each license in all matters except where the
12fee for the issuance thereof is otherwise fixed, $4.
13    For issuing each marriage or civil union license, the
14certificate thereof, and for recording the same, including the
15recording of the parent's or guardian's consent where
16indicated, $20. $5 from all marriage or civil union license
17fees shall be remitted by the clerk to the State Treasurer for
18deposit into the Married Families Domestic Violence Fund.
19    For taking and certifying acknowledgments to any
20instrument, except where herein otherwise provided for, $1.
21    For issuing each certificate of appointment or commission,
22the fee for which is not otherwise fixed by law, $1.
23    For cancelling tax sale and issuing and sealing
24certificates of redemption, $3.
25    For issuing order to county treasurer for redemption of
26forfeited tax, $2.

 

 

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1    For trying and sealing weights and measures by county
2standard, together with all actual expenses in connection
3therewith, $1.
4    For services in case of estrays, $2.
5    The following fees shall be allowed for services attending
6the sale of land for taxes, and shall be charged as costs
7against the delinquent property and be collected with the taxes
8thereon:
9    For services in attending the tax sale and issuing
10certificate of sale and sealing the same, for each tract or
11town lot sold, $4.
12    For making list of delinquent lands and town lots sold, to
13be filed with the Comptroller, for each tract or town lot sold,
1410¢.
15    The foregoing fees allowed by this Section are the maximum
16fees that may be collected from any officer, agency, department
17or other instrumentality of the State. The county board may,
18however, by ordinance, increase the fees allowed by this
19Section and collect such increased fees from all persons and
20entities other than officers, agencies, departments and other
21instrumentalities of the State if the increase is justified by
22an acceptable cost study showing that the fees allowed by this
23Section are not sufficient to cover the cost of providing the
24service.
25    A Statement of the costs of providing each service, program
26and activity shall be prepared by the county board. All

 

 

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1supporting documents shall be public record and subject to
2public examination and audit. All direct and indirect costs, as
3defined in the United States Office of Management and Budget
4Circular A-87, may be included in the determination of the
5costs of each service, program and activity.
6    The county clerk in all cases may demand and receive the
7payment of all fees for services in advance so far as the same
8can be ascertained.
9    The county board of any county of the first or second class
10may by ordinance authorize the county clerk to impose an
11additional $2 charge for certified copies of vital records as
12defined in Section 1 of the Vital Records Act, for the purpose
13of developing, maintaining, and improving technology in the
14office of the County Clerk.
15    The county board of any county of the first or second class
16may by ordinance authorize the county treasurer to establish a
17special fund for deposit of the additional charge. Moneys in
18the special fund shall be used solely to provide the equipment,
19material and necessary expenses incurred to help defray the
20cost of implementing and maintaining such document storage
21system.
22(Source: P.A. 95-711, eff. 6-1-08; 95-837, eff. 1-1-09; 96-328,
23eff. 8-11-09.)
 
24    (55 ILCS 5/4-12003)  (from Ch. 34, par. 4-12003)
25    Sec. 4-12003. Fees of county clerk in third class counties.

 

 

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1The fees of the county clerk in counties of the third class
2are:
3    For issuing each marriage or civil union license, sealing,
4filing and recording the same and the certificate thereto (one
5charge), $35. $5 from all marriage or civil union license fees
6shall be remitted by the clerk to the State Treasurer for
7deposit into the Married Families Domestic Violence Fund.
8    For taking, certifying to and sealing the acknowledgment of
9a deed, power of attorney, or other writing, $1.
10    For filing and entering certificates in case of estrays,
11and furnishing notices for publication thereof (one charge),
12$1.50.
13    For recording all papers and documents required by law to
14be recorded in the office of the county clerk, $2 plus 30¢ for
15every 100 words in excess of 600 words.
16    For certificate and seal, not in a case in a court whereof
17he is clerk, $1.
18    For making and certifying a copy of any record or paper in
19his office, $2 for every page.
20    For filing papers in his office, 50¢ for each paper filed,
21except that no fee shall be charged for filing a Statement of
22economic interest pursuant to the Illinois Governmental Ethics
23Act or reports made pursuant to Article 9 of The Election Code.
24    For making transcript of taxable property for the
25assessors, 8¢ for each tract of land or town lot. For extending
26other than State and county taxes, 8¢ for each tax on each

 

 

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1tract or lot, and 8¢ for each person's personal tax, to be paid
2by the authority for whose benefit the transcript is made and
3the taxes extended. The county clerk shall certify to the
4county collector the amount due from each authority for such
5services and the collector in his settlement with such
6authority shall reserve such amount from the amount payable by
7him to such authority.
8    For adding and bringing forward with current tax warrants
9amounts due for forfeited or withdrawn special assessments, 8¢
10for each lot or tract of land described and transcribed.
11    For computing and extending each assessment or installment
12thereof and interest, 8¢ on each description; and for computing
13and extending each penalty, 8¢ on each description. These fees
14shall be paid by the city, village, or taxing body for whose
15benefit the transcript is made and the assessment and penalties
16are extended. The county clerk shall certify to the county
17collector the amount due from each city, village or taxing
18body, for such services, and the collector in his settlement
19with such taxing body shall reserve such amount from the amount
20payable by him to such city, village or other taxing body.
21    For cancelling certificates of sale, $4 for each tract or
22lot.
23    For making search and report of general taxes and special
24assessments for use in the preparation of estimate of cost of
25redemption from sales or forfeitures or withdrawals or for use
26in the preparation of estimate of cost of purchase of forfeited

 

 

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1property, or for use in preparation of order on the county
2collector for searches requested by buyers at annual tax sale,
3for each lot or tract, $4 for the first year searched, and $2
4for each additional year or fraction thereof.
5    For preparing from tax search report estimate of cost of
6redemption concerning property sold, forfeited or withdrawn
7for non-payment of general taxes and special assessments, if
8any, $1 for each lot or tract.
9    For certificate of deposit for redemption, $4.
10    For preparing from tax search report estimate of and order
11to county collector to receive amount necessary to redeem or
12purchase lands or lots forfeited for non-payment of general
13taxes, $3 for each lot or tract.
14    For preparing from tax search report estimate of and order
15to county collector to receive amount necessary to redeem or
16purchase lands or lots forfeited for non-payment of special
17assessments, $4 for each lot or tract.
18    For issuing certificate of sale of forfeited property, $10.
19    For noting on collector's warrants tax sales subject to
20redemption, 20¢ for each tract or lot of land, to be paid by
21either the person making the redemption from tax sale, the
22person surrendering the certificate of sale for cancellation,
23or the person taking out tax deed.
24    For noting on collector's warrant special assessments
25withdrawn from collection 20¢ for each tract or lot of land, to
26be charged against the lot assessed in the withdrawn special

 

 

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1assessment when brought forward with current tax or when
2redeemed by the county clerk. The county clerk shall certify to
3the county collector the amount due from each city, village or
4taxing body for such fees, each year, and the county collector
5in his settlement with such taxing body shall reserve such
6amount from the amount payable by him to such taxing body.
7    For taking and approving official bond of a town assessor,
8filing and recording same, and issuing certificate of election
9or qualification to such official or to the Secretary of State,
10$10, to be paid by the officer-elect.
11    For certified copies of plats, 20¢ for each lot shown in
12copy, but no charge less than $4.
13    For tax search and issuing Statement regarding same on new
14plats to be recorded, $10.
15    For furnishing written description in conformity with
16permanent real estate index number, $2 for each written
17description.
18    The following fees shall be allowed for services in matters
19of taxes and assessments, and shall be charged as costs against
20the delinquent property, and collected with the taxes thereon:
21    For entering judgment, 8¢ for each tract or lot.
22    For services in attending the tax sale and issuing
23certificates of sale and sealing the same, $10 for each tract
24or lot.
25    For making list of delinquent lands and town lots sold, to
26be filed with the State Comptroller, 10¢ for each tract or lot

 

 

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1sold.
2    The following fees shall be audited and allowed by the
3board of county commissioners and paid from the county
4treasury.
5    For computing State or county taxes, on each description of
6real estate and each person's, firm's or corporation's personal
7property tax, for each extension of each tax, 4¢, which shall
8include the transcribing of the collector's books.
9    For computing, extending and bringing forward, and adding
10to the current tax, the amount due for general taxes on lands
11and lots previously forfeited to the State, for each extension
12of each tax, 4¢ for the first year, and for computing and
13extending the tax and penalty for each additional year, 6¢.
14    For making duplicate or triplicate sets of books,
15containing transcripts of taxable property, for the board of
16assessors and board of review, 3¢ for each description entered
17in each book.
18    For filing, indexing and recording or binding each birth,
19death or stillbirth certificate or report, 15¢, which fee shall
20be in full for all services in connection therewith, including
21the keeping of accounts with district registrars.
22    For posting new subdivisions or plats in official atlases,
2325¢ for each lot.
24    For compiling new sheets for atlases, 20¢ for each lot.
25    For compiling new atlases, including necessary record
26searches, 25¢ for each lot.

 

 

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1    For investigating and reporting on each new plat, referred
2to county clerk, $2.
3    For attending sessions of the board of county commissioners
4thereof, $5 per day, for each clerk in attendance.
5    For recording proceedings of the board of county
6commissioners, 15¢ per 100 words.
7    For filing papers which must be kept in office of
8comptroller of Cook County, 10¢ for each paper filed.
9    For filing and indexing contracts, bonds, communications,
10and other such papers which must be kept in office of
11comptroller of Cook County, 15¢ for each document.
12    For swearing any person to necessary affidavits relating to
13the correctness of claims against the county, 25¢.
14    For issuing warrants in payment of salaries, supplies and
15other accounts, and all necessary auditing and bookkeeping work
16in connection therewith, 10¢ each.
17    The fee requirements of this Section do not apply to units
18of local government or school districts.
19(Source: P.A. 95-711, eff. 6-1-08.)
 
20    Section 10. The Clerks of Courts Act is amended by changing
21Section 27.1a as follows:
 
22    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
23    Sec. 27.1a. The fees of the clerks of the circuit court in
24all counties having a population of not more than 500,000

 

 

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1inhabitants in the instances described in this Section shall be
2as provided in this Section. In those instances where a minimum
3and maximum fee is stated, the clerk of the circuit court must
4charge the minimum fee listed and may charge up to the maximum
5fee if the county board has by resolution increased the fee.
6The fees shall be paid in advance and shall be as follows:
7(a) Civil Cases.
8        The fee for filing a complaint, petition, or other
9    pleading initiating a civil action, with the following
10    exceptions, shall be a minimum of $40 and a maximum of
11    $160.
12            (A) When the amount of money or damages or the
13        value of personal property claimed does not exceed
14        $250, $10.
15            (B) When that amount exceeds $250 but does not
16        exceed $500, a minimum of $10 and a maximum of $20.
17            (C) When that amount exceeds $500 but does not
18        exceed $2500, a minimum of $25 and a maximum of $40.
19            (D) When that amount exceeds $2500 but does not
20        exceed $15,000, a minimum of $25 and a maximum of $75.
21            (E) For the exercise of eminent domain, a minimum
22        of $45 and a maximum of $150. For each additional lot
23        or tract of land or right or interest therein subject
24        to be condemned, the damages in respect to which shall
25        require separate assessment by a jury, a minimum of $45
26        and a maximum of $150.

 

 

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1(a-1) Family.
2        For filing a petition under the Juvenile Court Act of
3    1987, $25.
4        For filing a petition for a marriage or civil union
5    license, $10.
6        For performing a marriage or civil union in court, $10.
7        For filing a petition under the Illinois Parentage Act
8    of 1984, $40.
9(b) Forcible Entry and Detainer.
10        In each forcible entry and detainer case when the
11    plaintiff seeks possession only or unites with his or her
12    claim for possession of the property a claim for rent or
13    damages or both in the amount of $15,000 or less, a minimum
14    of $10 and a maximum of $50. When the plaintiff unites his
15    or her claim for possession with a claim for rent or
16    damages or both exceeding $15,000, a minimum of $40 and a
17    maximum of $160.
18(c) Counterclaim or Joining Third Party Defendant.
19        When any defendant files a counterclaim as part of his
20    or her answer or otherwise or joins another party as a
21    third party defendant, or both, the defendant shall pay a
22    fee for each counterclaim or third party action in an
23    amount equal to the fee he or she would have had to pay had
24    he or she brought a separate action for the relief sought
25    in the counterclaim or against the third party defendant,
26    less the amount of the appearance fee, if that has been

 

 

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1    paid.
2(d) Confession of Judgment.
3        In a confession of judgment when the amount does not
4    exceed $1500, a minimum of $20 and a maximum of $50. When
5    the amount exceeds $1500, but does not exceed $15,000, a
6    minimum of $40 and a maximum of $115. When the amount
7    exceeds $15,000, a minimum of $40 and a maximum of $200.
8(e) Appearance.
9        The fee for filing an appearance in each civil case
10    shall be a minimum of $15 and a maximum of $60, except as
11    follows:
12            (A) When the plaintiff in a forcible entry and
13        detainer case seeks possession only, a minimum of $10
14        and a maximum of $50.
15            (B) When the amount in the case does not exceed
16        $1500, a minimum of $10 and a maximum of $30.
17            (C) When that amount exceeds $1500 but does not
18        exceed $15,000, a minimum of $15 and a maximum of $60.
19(f) Garnishment, Wage Deduction, and Citation.
20        In garnishment affidavit, wage deduction affidavit,
21    and citation petition when the amount does not exceed
22    $1,000, a minimum of $5 and a maximum of $15; when the
23    amount exceeds $1,000 but does not exceed $5,000, a minimum
24    of $5 and a maximum of $30; and when the amount exceeds
25    $5,000, a minimum of $5 and a maximum of $50.
26(g) Petition to Vacate or Modify.

 

 

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1        (1) Petition to vacate or modify any final judgment or
2    order of court, except in forcible entry and detainer cases
3    and small claims cases or a petition to reopen an estate,
4    to modify, terminate, or enforce a judgment or order for
5    child or spousal support, or to modify, suspend, or
6    terminate an order for withholding, if filed before 30 days
7    after the entry of the judgment or order, a minimum of $20
8    and a maximum of $50.
9        (2) Petition to vacate or modify any final judgment or
10    order of court, except a petition to modify, terminate, or
11    enforce a judgment or order for child or spousal support or
12    to modify, suspend, or terminate an order for withholding,
13    if filed later than 30 days after the entry of the judgment
14    or order, a minimum of $20 and a maximum of $75.
15        (3) Petition to vacate order of bond forfeiture, a
16    minimum of $10 and a maximum of $40.
17(h) Mailing.
18        When the clerk is required to mail, the fee will be a
19    minimum of $2 and a maximum of $10, plus the cost of
20    postage.
21(i) Certified Copies.
22        Each certified copy of a judgment after the first,
23    except in small claims and forcible entry and detainer
24    cases, a minimum of $2 and a maximum of $10.
25(j) Habeas Corpus.
26        For filing a petition for relief by habeas corpus, a

 

 

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1    minimum of $60 and a maximum of $100.
2(k) Certification, Authentication, and Reproduction.
3        (1) Each certification or authentication for taking
4    the acknowledgment of a deed or other instrument in writing
5    with the seal of office, a minimum of $2 and a maximum of
6    $6.
7        (2) Court appeals when original documents are
8    forwarded, under 100 pages, plus delivery and costs, a
9    minimum of $20 and a maximum of $60.
10        (3) Court appeals when original documents are
11    forwarded, over 100 pages, plus delivery and costs, a
12    minimum of $50 and a maximum of $150.
13        (4) Court appeals when original documents are
14    forwarded, over 200 pages, an additional fee of a minimum
15    of 20 cents and a maximum of 25 cents per page.
16        (5) For reproduction of any document contained in the
17    clerk's files:
18            (A) First page, a minimum of $1 and a maximum of
19        $2.
20            (B) Next 19 pages, 50 cents per page.
21            (C) All remaining pages, 25 cents per page.
22(l) Remands.
23        In any cases remanded to the Circuit Court from the
24    Supreme Court or the Appellate Court for a new trial, the
25    clerk shall file the remanding order and reinstate the case
26    with either its original number or a new number. The Clerk

 

 

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1    shall not charge any new or additional fee for the
2    reinstatement. Upon reinstatement the Clerk shall advise
3    the parties of the reinstatement. A party shall have the
4    same right to a jury trial on remand and reinstatement as
5    he or she had before the appeal, and no additional or new
6    fee or charge shall be made for a jury trial after remand.
7(m) Record Search.
8        For each record search, within a division or municipal
9    district, the clerk shall be entitled to a search fee of a
10    minimum of $4 and a maximum of $6 for each year searched.
11(n) Hard Copy.
12        For each page of hard copy print output, when case
13    records are maintained on an automated medium, the clerk
14    shall be entitled to a fee of a minimum of $4 and a maximum
15    of $6.
16(o) Index Inquiry and Other Records.
17        No fee shall be charged for a single
18    plaintiff/defendant index inquiry or single case record
19    inquiry when this request is made in person and the records
20    are maintained in a current automated medium, and when no
21    hard copy print output is requested. The fees to be charged
22    for management records, multiple case records, and
23    multiple journal records may be specified by the Chief
24    Judge pursuant to the guidelines for access and
25    dissemination of information approved by the Supreme
26    Court.

 

 

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1(p) (Blank).
2(q) Alias Summons.
3        For each alias summons or citation issued by the clerk,
4    a minimum of $2 and a maximum of $5.
5(r) Other Fees.
6        Any fees not covered in this Section shall be set by
7    rule or administrative order of the Circuit Court with the
8    approval of the Administrative Office of the Illinois
9    Courts.
10        The clerk of the circuit court may provide additional
11    services for which there is no fee specified by statute in
12    connection with the operation of the clerk's office as may
13    be requested by the public and agreed to by the clerk and
14    approved by the chief judge of the circuit court. Any
15    charges for additional services shall be as agreed to
16    between the clerk and the party making the request and
17    approved by the chief judge of the circuit court. Nothing
18    in this subsection shall be construed to require any clerk
19    to provide any service not otherwise required by law.
20(s) Jury Services.
21        The clerk shall be entitled to receive, in addition to
22    other fees allowed by law, the sum of a minimum of $62.50
23    and a maximum of $212.50, as a fee for the services of a
24    jury in every civil action not quasi-criminal in its nature
25    and not a proceeding for the exercise of the right of
26    eminent domain and in every other action wherein the right

 

 

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1    of trial by jury is or may be given by law. The jury fee
2    shall be paid by the party demanding a jury at the time of
3    filing the jury demand. If the fee is not paid by either
4    party, no jury shall be called in the action or proceeding,
5    and the same shall be tried by the court without a jury.
6(t) Voluntary Assignment.
7        For filing each deed of voluntary assignment, a minimum
8    of $10 and a maximum of $20; for recording the same, a
9    minimum of 25 cents and a maximum of 50 cents for each 100
10    words. Exceptions filed to claims presented to an assignee
11    of a debtor who has made a voluntary assignment for the
12    benefit of creditors shall be considered and treated, for
13    the purpose of taxing costs therein, as actions in which
14    the party or parties filing the exceptions shall be
15    considered as party or parties plaintiff, and the claimant
16    or claimants as party or parties defendant, and those
17    parties respectively shall pay to the clerk the same fees
18    as provided by this Section to be paid in other actions.
19(u) Expungement Petition.
20        The clerk shall be entitled to receive a fee of a
21    minimum of $15 and a maximum of $60 for each expungement
22    petition filed and an additional fee of a minimum of $2 and
23    a maximum of $4 for each certified copy of an order to
24    expunge arrest records.
25(v) Probate.
26        The clerk is entitled to receive the fees specified in

 

 

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1    this subsection (v), which shall be paid in advance, except
2    that, for good cause shown, the court may suspend, reduce,
3    or release the costs payable under this subsection:
4        (1) For administration of the estate of a decedent
5    (whether testate or intestate) or of a missing person, a
6    minimum of $50 and a maximum of $150, plus the fees
7    specified in subsection (v)(3), except:
8            (A) When the value of the real and personal
9        property does not exceed $15,000, the fee shall be a
10        minimum of $25 and a maximum of $40.
11            (B) When (i) proof of heirship alone is made, (ii)
12        a domestic or foreign will is admitted to probate
13        without administration (including proof of heirship),
14        or (iii) letters of office are issued for a particular
15        purpose without administration of the estate, the fee
16        shall be a minimum of $10 and a maximum of $40.
17            (C) For filing a petition to sell Real Estate, $50.
18        (2) For administration of the estate of a ward, a
19    minimum of $50 and a maximum of $75, plus the fees
20    specified in subsection (v)(3), except:
21            (A) When the value of the real and personal
22        property does not exceed $15,000, the fee shall be a
23        minimum of $25 and a maximum of $40.
24            (B) When (i) letters of office are issued to a
25        guardian of the person or persons, but not of the
26        estate or (ii) letters of office are issued in the

 

 

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1        estate of a ward without administration of the estate,
2        including filing or joining in the filing of a tax
3        return or releasing a mortgage or consenting to the
4        marriage of the ward, the fee shall be a minimum of $10
5        and a maximum of $20.
6            (C) For filing a Petition to sell Real Estate, $50.
7        (3) In addition to the fees payable under subsection
8    (v)(1) or (v)(2) of this Section, the following fees are
9    payable:
10            (A) For each account (other than one final account)
11        filed in the estate of a decedent, or ward, a minimum
12        of $10 and a maximum of $25.
13            (B) For filing a claim in an estate when the amount
14        claimed is $150 or more but less than $500, a minimum
15        of $10 and a maximum of $25; when the amount claimed is
16        $500 or more but less than $10,000, a minimum of $10
17        and a maximum of $40; when the amount claimed is
18        $10,000 or more, a minimum of $10 and a maximum of $60;
19        provided that the court in allowing a claim may add to
20        the amount allowed the filing fee paid by the claimant.
21            (C) For filing in an estate a claim, petition, or
22        supplemental proceeding based upon an action seeking
23        equitable relief including the construction or contest
24        of a will, enforcement of a contract to make a will,
25        and proceedings involving testamentary trusts or the
26        appointment of testamentary trustees, a minimum of $40

 

 

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1        and a maximum of $60.
2            (D) For filing in an estate (i) the appearance of
3        any person for the purpose of consent or (ii) the
4        appearance of an executor, administrator,
5        administrator to collect, guardian, guardian ad litem,
6        or special administrator, no fee.
7            (E) Except as provided in subsection (v)(3)(D),
8        for filing the appearance of any person or persons, a
9        minimum of $10 and a maximum of $30.
10            (F) For each jury demand, a minimum of $62.50 and a
11        maximum of $137.50.
12            (G) For disposition of the collection of a judgment
13        or settlement of an action or claim for wrongful death
14        of a decedent or of any cause of action of a ward, when
15        there is no other administration of the estate, a
16        minimum of $30 and a maximum of $50, less any amount
17        paid under subsection (v)(1)(B) or (v)(2)(B) except
18        that if the amount involved does not exceed $5,000, the
19        fee, including any amount paid under subsection
20        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
21        maximum of $20.
22            (H) For each certified copy of letters of office,
23        of court order or other certification, a minimum of $1
24        and a maximum of $2, plus a minimum of 50 cents and a
25        maximum of $1 per page in excess of 3 pages for the
26        document certified.

 

 

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1            (I) For each exemplification, a minimum of $1 and a
2        maximum of $2, plus the fee for certification.
3        (4) The executor, administrator, guardian, petitioner,
4    or other interested person or his or her attorney shall pay
5    the cost of publication by the clerk directly to the
6    newspaper.
7        (5) The person on whose behalf a charge is incurred for
8    witness, court reporter, appraiser, or other miscellaneous
9    fee shall pay the same directly to the person entitled
10    thereto.
11        (6) The executor, administrator, guardian, petitioner,
12    or other interested person or his or her attorney shall pay
13    to the clerk all postage charges incurred by the clerk in
14    mailing petitions, orders, notices, or other documents
15    pursuant to the provisions of the Probate Act of 1975.
16(w) Criminal and Quasi-Criminal Costs and Fees.
17        (1) The clerk shall be entitled to costs in all
18    criminal and quasi-criminal cases from each person
19    convicted or sentenced to supervision therein as follows:
20            (A) Felony complaints, a minimum of $40 and a
21        maximum of $100.
22            (B) Misdemeanor complaints, a minimum of $25 and a
23        maximum of $75.
24            (C) Business offense complaints, a minimum of $25
25        and a maximum of $75.
26            (D) Petty offense complaints, a minimum of $25 and

 

 

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1        a maximum of $75.
2            (E) Minor traffic or ordinance violations, $10.
3            (F) When court appearance required, $15.
4            (G) Motions to vacate or amend final orders, a
5        minimum of $20 and a maximum of $40.
6            (H) Motions to vacate bond forfeiture orders, a
7        minimum of $20 and a maximum of $40.
8            (I) Motions to vacate ex parte judgments, whenever
9        filed, a minimum of $20 and a maximum of $40.
10            (J) Motions to vacate judgment on forfeitures,
11        whenever filed, a minimum of $20 and a maximum of $40.
12            (K) Motions to vacate "failure to appear" or
13        "failure to comply" notices sent to the Secretary of
14        State, a minimum of $20 and a maximum of $40.
15        (2) In counties having a population of not more than
16    500,000 inhabitants, when the violation complaint is
17    issued by a municipal police department, the clerk shall be
18    entitled to costs from each person convicted therein as
19    follows:
20            (A) Minor traffic or ordinance violations, $10.
21            (B) When court appearance required, $15.
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 other
26    fees or costs allowed or imposed by law, the sum of a

 

 

09700SB1123sam001- 24 -LRB097 04839 AJO 54367 a

1    minimum of $62.50 and a maximum of $137.50 as a fee for the
2    services of a jury. The jury fee shall be paid by the
3    defendant at the time of filing his or her jury demand. If
4    the fee is not so paid by the defendant, no jury shall be
5    called, and the case shall be tried by the court without a
6    jury.
7(x) Transcripts of Judgment.
8        For the filing of a transcript of judgment, the clerk
9    shall be entitled to the same fee as if it were the
10    commencement of a new suit.
11(y) Change of Venue.
12        (1) For the filing of a change of case on a change of
13    venue, the clerk shall be entitled to the same fee as if it
14    were the commencement of a new suit.
15        (2) The fee for the preparation and certification of a
16    record on a change of venue to another jurisdiction, when
17    original documents are forwarded, a minimum of $10 and a
18    maximum of $40.
19(z) Tax objection complaints.
20        For each tax objection complaint containing one or more
21    tax objections, regardless of the number of parcels
22    involved or the number of taxpayers joining on the
23    complaint, a minimum of $10 and a maximum of $50.
24(aa) Tax Deeds.
25        (1) Petition for tax deed, if only one parcel is
26    involved, a minimum of $45 and a maximum of $200.

 

 

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1        (2) For each additional parcel, add a fee of a minimum
2    of $10 and a maximum of $60.
3(bb) Collections.
4        (1) For all collections made of others, except the
5    State and county and except in maintenance or child support
6    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
7    of the amount collected and turned over.
8        (2) Interest earned on any funds held by the clerk
9    shall be turned over to the county general fund as an
10    earning of the office.
11        (3) For any check, draft, or other bank instrument
12    returned to the clerk for non-sufficient funds, account
13    closed, or payment stopped, $25.
14        (4) In child support and maintenance cases, the clerk,
15    if authorized by an ordinance of the county board, may
16    collect an annual fee of up to $36 from the person making
17    payment for maintaining child support records and the
18    processing of support orders to the State of Illinois KIDS
19    system and the recording of payments issued by the State
20    Disbursement Unit for the official record of the Court.
21    This fee shall be in addition to and separate from amounts
22    ordered to be paid as maintenance or child support and
23    shall be deposited into a Separate Maintenance and Child
24    Support Collection Fund, of which the clerk shall be the
25    custodian, ex-officio, to be used by the clerk to maintain
26    child support orders and record all payments issued by the

 

 

09700SB1123sam001- 26 -LRB097 04839 AJO 54367 a

1    State Disbursement Unit for the official record of the
2    Court. The clerk may recover from the person making the
3    maintenance or child support payment any additional cost
4    incurred in the collection of this annual fee.
5        The clerk shall also be entitled to a fee of $5 for
6    certifications made to the Secretary of State as provided
7    in Section 7-703 of the Family Financial Responsibility Law
8    and these fees shall also be deposited into the Separate
9    Maintenance and Child Support Collection Fund.
10(cc) Corrections of Numbers.
11        For correction of the case number, case title, or
12    attorney computer identification number, if required by
13    rule of court, on any document filed in the clerk's office,
14    to be charged against the party that filed the document, a
15    minimum of $10 and a maximum of $25.
16(dd) Exceptions.
17        (1) The fee requirements of this Section shall not
18    apply to police departments or other law enforcement
19    agencies. In this Section, "law enforcement agency" means
20    an agency of the State or a unit of local government which
21    is vested by law or ordinance with the duty to maintain
22    public order and to enforce criminal laws or ordinances.
23    "Law enforcement agency" also means the Attorney General or
24    any state's attorney.
25        (2) No fee provided herein shall be charged to any unit
26    of local government or school district.

 

 

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1        (3) The fee requirements of this Section shall not
2    apply to any action instituted under subsection (b) of
3    Section 11-31-1 of the Illinois Municipal Code by a private
4    owner or tenant of real property within 1200 feet of a
5    dangerous or unsafe building seeking an order compelling
6    the owner or owners of the building to take any of the
7    actions authorized under that subsection.
8        (4) The fee requirements of this Section shall not
9    apply to the filing of any commitment petition or petition
10    for an order authorizing the administration of
11    psychotropic medication or electroconvulsive therapy under
12    the Mental Health and Developmental Disabilities Code.
13(ee) Adoptions.
14        (1) For an adoption...............................$65
15        (2) Upon good cause shown, the court may waive the
16    adoption filing fee in a special needs adoption. The term
17    "special needs adoption" shall have the meaning ascribed to
18    it by the Illinois Department of Children and Family
19    Services.
20(ff) Adoption exemptions.
21        No fee other than that set forth in subsection (ee)
22    shall be charged to any person in connection with an
23    adoption proceeding nor may any fee be charged for
24    proceedings for the appointment of a confidential
25    intermediary under the Adoption Act.
26(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 

 

 

09700SB1123sam001- 28 -LRB097 04839 AJO 54367 a

1    Section 15. The Illinois Religious Freedom Protection and
2Civil Union Act is amended by changing Section 30 and adding
3Section 65 as follows:
 
4    (750 ILCS 75/30)
5    (This Section may contain text from a Public Act with a
6delayed effective date)
7    Sec. 30. Application, license, and certification.
8    (a) The Director of Public Health shall prescribe the form
9for an application, license, and certificate for a civil union.
10    (b) An application for a civil union shall include the
11following information:
12        (1) name, sex, occupation, address, social security
13    number, date and place of birth of each party to the civil
14    union;
15        (2) name and address of the parents or guardian of each
16    party;
17        (3) whether the parties are related to each other and,
18    if so, their relationship; and
19        (4) in the event either party was previously married or
20    entered into a civil union or a substantially similar legal
21    relationship, provide the name, date, place and the court
22    in which the marriage or civil union or substantially
23    similar legal relationship was dissolved or declared
24    invalid or the date and place of death of the former spouse

 

 

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1    or of the party to the civil union or substantially similar
2    legal relationship.
3    (c) When an application has been completed and signed by
4both parties, applicable fees provided by rule or statute have
5been paid, and both parties have appeared before the county
6clerk, the county clerk shall issue a license and a certificate
7of civil union upon being furnished satisfactory proof that the
8civil union is not prohibited.
9    (d) A license becomes effective in the county where it was
10issued one day after the date of issuance, and expires 60 days
11after it becomes effective.
12    (e) The certificate must be completed and returned to the
13county clerk that issued the license within 10 days of the
14civil union.
15    (f) A copy of the completed certificate from the county
16clerk or the return provided to the Department of Public Health
17by a county clerk shall be presumptive evidence of the civil
18union in all courts.
19(Source: P.A. 96-1513, eff. 6-1-11.)
 
20    (750 ILCS 75/65 new)
21    Sec. 65. Religious child welfare agencies. A child welfare
22agency that is religiously based or owned by, operated by, or
23affiliated with a bona fide religious organization may decline
24an adoption or foster family home application, including any
25related licensure and placement, from a party to a civil union

 

 

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1if acceptance of that application would constitute a violation
2of the organization's sincerely held religious beliefs. If an
3agency declines an application pursuant to this Section, then
4it must provide the applicant with information on how to
5contact the Department of Children and Family Services to
6obtain information concerning other regional licensed child
7welfare agencies.
 
8    Section 99. Effective date. This Act takes effect June 1,
92011.".