Full Text of SB1123 97th General Assembly
SB1123sam001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Sections 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 | 8 | | class. The fees of the county clerk in counties of the first | 9 | | and second
class, except when increased by county ordinance | 10 | | pursuant to the
provisions of this Section, shall be:
| 11 | | For each official copy of any process, file, record or | 12 | | other
instrument of and pertaining to his office, 50˘ for each | 13 | | 100 words, and
$1 additional for certifying and sealing the | 14 | | same.
| 15 | | For filing any paper not herein otherwise provided for, $1, | 16 | | except that
no fee shall be charged for filing a Statement of |
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| 1 | | economic interest pursuant
to the Illinois Governmental Ethics | 2 | | Act 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 | 6 | | each public
official, $3.
| 7 | | For officially certifying and sealing each copy of any | 8 | | process, file,
record or other instrument of and pertaining to | 9 | | his office, $1.
| 10 | | For swearing any person to an affidavit, $1.
| 11 | | For issuing each license in all matters except where the | 12 | | fee for the
issuance thereof is otherwise fixed, $4.
| 13 | | For issuing each marriage or civil union license, the | 14 | | certificate thereof, and for
recording the same, including the | 15 | | recording of the parent's or
guardian's consent where | 16 | | indicated, $20. $5 from all marriage or civil union license | 17 | | fees shall be remitted by the clerk to the State Treasurer for | 18 | | deposit into the Married Families Domestic Violence Fund.
| 19 | | For taking and certifying acknowledgments to any | 20 | | instrument, except
where herein otherwise provided for, $1.
| 21 | | For issuing each certificate of appointment or commission, | 22 | | the fee
for which is not otherwise fixed by law, $1.
| 23 | | For cancelling tax sale and issuing and sealing | 24 | | certificates of
redemption, $3.
| 25 | | For issuing order to county treasurer for redemption of | 26 | | forfeited
tax, $2.
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| 1 | | For trying and sealing weights and measures by county | 2 | | standard,
together with all actual expenses in connection | 3 | | therewith, $1.
| 4 | | For services in case of estrays, $2.
| 5 | | The following fees shall be allowed for services attending | 6 | | the sale
of land for taxes, and shall be charged as costs | 7 | | against the delinquent
property and be collected with the taxes | 8 | | thereon:
| 9 | | For services in attending the tax sale and issuing | 10 | | certificate of
sale and sealing the same, for each tract or | 11 | | town lot sold, $4.
| 12 | | For making list of delinquent lands and town lots sold, to | 13 | | be filed
with the Comptroller, for each tract or town lot sold, | 14 | | 10˘.
| 15 | | The foregoing fees allowed by this Section are the maximum | 16 | | fees that
may be collected from any officer, agency, department | 17 | | or other
instrumentality of the State. The county board may, | 18 | | however, by ordinance,
increase the fees allowed by this | 19 | | Section and collect such increased fees
from all persons and | 20 | | entities other than officers, agencies, departments
and other | 21 | | instrumentalities of the State if the increase is justified by | 22 | | an
acceptable cost study showing that the fees allowed by this | 23 | | Section are not
sufficient to cover the cost of providing the | 24 | | service.
| 25 | | A Statement of the costs of providing each service, program
| 26 | | and activity shall be prepared by the county board.
All |
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| 1 | | supporting documents shall be public record and subject to | 2 | | public
examination and audit. All direct and indirect costs, as | 3 | | defined in the
United States Office of Management and Budget | 4 | | Circular A-87, may be
included in the determination of the | 5 | | costs of each
service, program and activity.
| 6 | | The county clerk in all cases may demand and receive the | 7 | | payment of
all fees for services in advance so far as the same | 8 | | can be ascertained.
| 9 | | The county board of any county of the first or second class | 10 | | may by
ordinance authorize the county clerk to impose an | 11 | | additional $2 charge for
certified copies of vital records as | 12 | | defined in Section 1 of the Vital
Records Act, for the purpose | 13 | | of developing, maintaining, and improving technology in the | 14 | | office of the County Clerk.
| 15 | | The county board of any county of the first or second class | 16 | | may by
ordinance authorize the county treasurer to establish a | 17 | | special fund for
deposit of the additional charge. Moneys in | 18 | | the special fund shall be used
solely to provide the equipment, | 19 | | material and necessary expenses incurred
to help defray the | 20 | | cost of implementing and maintaining such document
storage | 21 | | system.
| 22 | | (Source: P.A. 95-711, eff. 6-1-08; 95-837, eff. 1-1-09; 96-328, | 23 | | eff. 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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| 1 | | The fees of the county clerk in counties of the third class | 2 | | are:
| 3 | | For issuing each marriage or civil union license, sealing, | 4 | | filing and recording the
same and the certificate thereto (one | 5 | | charge), $35. $5 from all marriage or civil union license fees | 6 | | shall be remitted by the clerk to the State Treasurer for | 7 | | deposit into the Married Families Domestic Violence Fund.
| 8 | | For taking, certifying to and sealing the acknowledgment of | 9 | | a deed,
power of attorney, or other writing, $1.
| 10 | | For filing and entering certificates in case of estrays, | 11 | | and
furnishing notices for publication thereof (one charge), | 12 | | $1.50.
| 13 | | For recording all papers and documents required by law to | 14 | | be recorded
in the office of the county clerk, $2 plus 30˘ for | 15 | | every 100 words in
excess of 600 words.
| 16 | | For certificate and seal, not in a case in a court whereof | 17 | | he is
clerk, $1.
| 18 | | For making and certifying a copy of any record or paper in | 19 | | his
office, $2 for every page.
| 20 | | For filing papers in his office, 50˘ for each paper filed, | 21 | | except
that no fee shall be charged for filing a Statement of | 22 | | economic interest
pursuant to the Illinois Governmental Ethics | 23 | | Act or reports made
pursuant to Article 9 of The Election Code.
| 24 | | For making transcript of taxable property for the | 25 | | assessors, 8˘ for
each tract of land or town lot. For extending | 26 | | other than State and
county taxes, 8˘ for each tax on each |
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| 1 | | tract or lot, and 8˘ for each
person's personal tax, to be paid | 2 | | by the authority for whose benefit the
transcript is made and | 3 | | the taxes extended. The county clerk shall
certify to the | 4 | | county collector the amount due from each authority for
such | 5 | | services and the collector in his settlement with such | 6 | | authority
shall reserve such amount from the amount payable by | 7 | | him to such
authority.
| 8 | | For adding and bringing forward with current tax warrants | 9 | | amounts due
for forfeited or withdrawn special assessments, 8˘ | 10 | | for each lot or tract
of land described and transcribed.
| 11 | | For computing and extending each assessment or installment | 12 | | thereof
and interest, 8˘ on each description; and for computing | 13 | | and extending
each penalty, 8˘ on each description. These fees | 14 | | shall be paid by the
city, village, or taxing body for whose | 15 | | benefit the transcript is made
and the assessment and penalties | 16 | | are extended. The county clerk shall
certify to the county | 17 | | collector the amount due from each city, village
or taxing | 18 | | body, for such services, and the collector in his settlement
| 19 | | with such taxing body shall reserve such amount from the amount | 20 | | payable
by him to such city, village or other taxing body.
| 21 | | For cancelling certificates of sale, $4 for each tract or | 22 | | lot.
| 23 | | For making search and report of general taxes and special | 24 | | assessments
for use in the preparation of estimate of cost of | 25 | | redemption from sales
or forfeitures or withdrawals or for use | 26 | | in the preparation of estimate
of cost of purchase of forfeited |
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| 1 | | property, or for use in preparation of
order on the county | 2 | | collector for searches requested by buyers at annual
tax sale, | 3 | | for each lot or tract, $4 for the first year searched,
and $2 | 4 | | for each additional year or fraction thereof.
| 5 | | For preparing from tax search report estimate of cost of | 6 | | redemption
concerning property sold, forfeited or withdrawn | 7 | | for non-payment of
general taxes and special assessments, if | 8 | | any, $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 | 11 | | to county
collector to receive amount necessary to redeem or | 12 | | purchase lands or
lots forfeited for non-payment of general | 13 | | taxes, $3 for each lot or
tract.
| 14 | | For preparing from tax search report estimate of and order | 15 | | to county
collector to receive amount necessary to redeem or | 16 | | purchase lands or
lots forfeited for non-payment of special | 17 | | assessments, $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 | 20 | | redemption,
20˘ for each tract or lot of land, to be paid by | 21 | | either the person
making the redemption from tax sale, the | 22 | | person surrendering the
certificate of sale for cancellation, | 23 | | or the person taking out tax deed.
| 24 | | For noting on collector's warrant special assessments | 25 | | withdrawn from
collection 20˘ for each tract or lot of land, to | 26 | | be charged against the
lot assessed in the withdrawn special |
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| 1 | | assessment when brought forward
with current tax or when | 2 | | redeemed by the county clerk. The county clerk
shall certify to | 3 | | the county collector the amount due from each city,
village or | 4 | | taxing body for such fees, each year, and the county
collector | 5 | | in his settlement with such taxing body shall reserve such
| 6 | | amount from the amount payable by him to such taxing body.
| 7 | | For taking and approving official bond of a town assessor, | 8 | | filing and
recording same, and issuing certificate of election | 9 | | or 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 | 12 | | copy, but no
charge less than $4.
| 13 | | For tax search and issuing Statement regarding same on new | 14 | | plats to
be recorded, $10.
| 15 | | For furnishing written description in conformity with | 16 | | permanent real
estate index number, $2 for each written | 17 | | description.
| 18 | | The following fees shall be allowed for services in matters | 19 | | of taxes
and assessments, and shall be charged as costs against | 20 | | the 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 | 23 | | certificates of
sale and sealing the same, $10 for each tract | 24 | | or lot.
| 25 | | For making list of delinquent lands and town lots sold, to | 26 | | be filed
with the State Comptroller, 10˘ for each tract or lot |
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| 1 | | sold.
| 2 | | The following fees shall be audited and allowed by the | 3 | | board of
county commissioners and paid from the county | 4 | | treasury.
| 5 | | For computing State or county taxes, on each description of | 6 | | real
estate and each person's, firm's or corporation's personal | 7 | | property tax,
for each extension of each tax, 4˘, which shall | 8 | | include the transcribing
of the collector's books.
| 9 | | For computing, extending and bringing forward, and adding | 10 | | to the
current tax, the amount due for general taxes on lands | 11 | | and lots
previously forfeited to the State, for each extension | 12 | | of each tax, 4˘
for the first year, and for computing and | 13 | | extending the tax and penalty
for each additional year, 6˘.
| 14 | | For making duplicate or triplicate sets of books, | 15 | | containing
transcripts of taxable property, for the board of | 16 | | assessors and board of
review, 3˘ for each description entered | 17 | | in each book.
| 18 | | For filing, indexing and recording or binding each birth, | 19 | | death or
stillbirth certificate or report, 15˘, which fee shall | 20 | | be in full for
all services in connection therewith, including | 21 | | the keeping of accounts
with district registrars.
| 22 | | For posting new subdivisions or plats in official atlases, | 23 | | 25˘ for
each lot.
| 24 | | For compiling new sheets for atlases, 20˘ for each lot.
| 25 | | For compiling new atlases, including necessary record | 26 | | searches, 25˘
for each lot.
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| 1 | | For investigating and reporting on each new plat, referred | 2 | | to county
clerk, $2.
| 3 | | For attending sessions of the board of county commissioners | 4 | | thereof,
$5 per day, for each clerk in attendance.
| 5 | | For recording proceedings of the board of county | 6 | | commissioners, 15˘
per 100 words.
| 7 | | For filing papers which must be kept in office of | 8 | | comptroller of Cook
County, 10˘ for each paper filed.
| 9 | | For filing and indexing contracts, bonds, communications, | 10 | | and other
such papers which must be kept in office of | 11 | | comptroller of Cook County,
15˘ for each document.
| 12 | | For swearing any person to necessary affidavits relating to | 13 | | the
correctness of claims against the county, 25˘.
| 14 | | For issuing warrants in payment of salaries, supplies and | 15 | | other
accounts, and all necessary auditing and bookkeeping work | 16 | | in connection
therewith, 10˘ each.
| 17 | | The fee requirements of this Section do not apply to units | 18 | | of 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 | 21 | | Section 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 | 24 | | all
counties having a population of not more than
500,000 |
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| 1 | | inhabitants in the instances described in this Section
shall be | 2 | | as provided in this Section.
In those instances where a minimum | 3 | | and maximum fee is stated, the clerk of
the circuit court must | 4 | | charge the minimum fee listed and may charge up to the
maximum | 5 | | fee if the county board has by resolution increased the fee.
| 6 | | The 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
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| 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 |
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| 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.)
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| 1 | | Section 15. The Illinois Religious Freedom Protection and | 2 | | Civil Union Act is amended by changing Section 30 and adding | 3 | | Section 65 as follows: | 4 | | (750 ILCS 75/30) | 5 | | (This Section may contain text from a Public Act with a | 6 | | delayed effective date )
| 7 | | Sec. 30. Application, license, and certification. | 8 | | (a) The Director of Public Health shall prescribe the form | 9 | | for an application, license, and certificate for a civil union. | 10 | | (b) An application for a civil union shall include the | 11 | | following 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 | 4 | | both parties, applicable fees provided by rule or statute have | 5 | | been paid, and both parties have appeared before the county | 6 | | clerk, the county clerk shall issue a license and a certificate | 7 | | of civil union upon being furnished satisfactory proof that the | 8 | | civil union is not prohibited. | 9 | | (d) A license becomes effective in the county where it was | 10 | | issued one day after the date of issuance, and expires 60 days | 11 | | after it becomes effective. | 12 | | (e) The certificate must be completed and returned to the | 13 | | county clerk that issued the license within 10 days of the | 14 | | civil union. | 15 | | (f) A copy of the completed certificate from the county | 16 | | clerk or the return provided to the Department of Public Health | 17 | | by a county clerk shall be presumptive evidence of the civil | 18 | | union 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 | 22 | | agency that is religiously based or owned by, operated by, or | 23 | | affiliated with a bona fide religious organization may decline | 24 | | an adoption or foster family home application, including any | 25 | | related licensure and placement, from a party to a civil union |
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| 1 | | if acceptance of that application would constitute a violation | 2 | | of the organization's sincerely held religious beliefs. If an | 3 | | agency declines an application pursuant to this Section, then | 4 | | it must provide the applicant with information on how to | 5 | | contact the Department of Children and Family Services to | 6 | | obtain information concerning other regional licensed child | 7 | | welfare agencies.
| 8 | | Section 99. Effective date. This Act takes effect June 1, | 9 | | 2011.".
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