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92_SB0385ham001
LRB9206081TAtmam07
1 AMENDMENT TO SENATE BILL 385
2 AMENDMENT NO. . Amend Senate Bill 385 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Counties Code is amended by changing
5 Sections 3-5018, 3-5036, 4-2002.1, 4-4001, 4-12003, and
6 5-1113 as follows:
7 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
8 (Text of Section before amendment by P.A. 91-893)
9 Sec. 3-5018. Fees. The recorder elected as provided for
10 in this Division shall receive such fees as are or may be
11 provided for him by law, in case of provision therefor:
12 otherwise he shall receive the same fees as are or may be
13 provided in this Section, except when increased by county
14 ordinance pursuant to the provisions of this Section, to be
15 paid to the county clerk for his services in the office of
16 recorder for like services. No filing fee shall be charged
17 for providing informational copies of financing statements to
18 the recorder pursuant to subsection (8) of Section 9-403 of
19 the Uniform Commercial Code.
20 For recording deeds or other instruments $12 for the
21 first 4 pages thereof, plus $1 for each additional page
22 thereof, plus $1 for each additional document number therein
-2- LRB9206081TAtmam07
1 noted. The aggregate minimum fee for recording any one
2 instrument shall not be less than $12.
3 For recording deeds or other instruments wherein the
4 premises affected thereby are referred to by document number
5 and not by legal description a fee of $1 in addition to that
6 hereinabove referred to for each document number therein
7 noted.
8 For recording assignments of mortgages, leases or liens
9 $12 for the first 4 pages thereof, plus $1 for each
10 additional page thereof. However, except for leases and
11 liens pertaining to oil, gas and other minerals, whenever a
12 mortgage, lease or lien assignment assigns more than one
13 mortgage, lease or lien document, a $7 fee shall be charged
14 for the recording of each such mortgage, lease or lien
15 document after the first one.
16 For recording maps or plats of additions or subdivisions
17 approved by the county or municipality (including the
18 spreading of the same of record in map case or other proper
19 books) or plats of condominiums $50 for the first page, plus
20 $1 for each additional page thereof except that in the case
21 of recording a single page, legal size 8 1/2 x 14, plat of
22 survey in which there are no more than two lots or parcels of
23 land, the fee shall be $12. In each county where such maps
24 or plats are to be recorded, the recorder may require the
25 same to be accompanied by such number of exact, true and
26 legible copies thereof as the recorder deems necessary for
27 the efficient conduct and operation of his office.
28 For certified copies of records the same fees as for
29 recording, but in no case shall the fee for a certified copy
30 of a map or plat of an addition, subdivision or otherwise
31 exceed $10.
32 Each certificate of such recorder of the recording of the
33 deed or other writing and of the date of recording the same
34 signed by such recorder, shall be sufficient evidence of the
-3- LRB9206081TAtmam07
1 recording thereof, and such certificate including the
2 indexing of record, shall be furnished upon the payment of
3 the fee for recording the instrument, and no additional fee
4 shall be allowed for the certificate or indexing.
5 The recorder shall charge an additional fee, in an amount
6 equal to the fee otherwise provided by law, for recording a
7 document (other than a document filed under the Plat Act or
8 the Uniform Commercial Code) that does not conform to the
9 following standards:
10 (1) The document shall consist of one or more
11 individual sheets measuring 8.5 inches by 11 inches, not
12 permanently bound and not a continuous form. Graphic
13 displays accompanying a document to be recorded that
14 measure up to 11 inches by 17 inches shall be recorded
15 without charging an additional fee.
16 (2) The document shall be legibly printed in black
17 ink, by hand, type, or computer. Signatures and dates
18 may be in contrasting colors if they will reproduce
19 clearly.
20 (3) The document shall be on white paper of not
21 less than 20-pound weight and shall have a clean margin
22 of at least one-half inch on the top, the bottom, and
23 each side. Margins may be used for non-essential
24 notations that will not affect the validity of the
25 document, including but not limited to form numbers, page
26 numbers, and customer notations.
27 (4) The first page of the document shall contain a
28 blank space, measuring at least 3 inches by 5 inches,
29 from the upper right corner.
30 (5) The document shall not have any attachment
31 stapled or otherwise affixed to any page.
32 A document that does not conform to these standards shall not
33 be recorded except upon payment of the additional fee
34 required under this paragraph. This paragraph, as amended by
-4- LRB9206081TAtmam07
1 this amendatory Act of 1995, applies only to documents dated
2 after the effective date of this amendatory Act of 1995.
3 The county board of any county may by resolution provide
4 for an additional charge of $3 for filing every instrument,
5 paper, or notice for record, in order to defray the cost of
6 the county recorder's operations relating to computer,
7 micrographics, or any other means of automation of books and
8 records. converting the county recorder's document storage
9 system to computers or micrographics.
10 A special fund shall be set up by the treasurer of the
11 county and such funds collected pursuant to the preceding
12 paragraph Public Act 83-1321 shall be used solely for the
13 costs and necessary expenses incurred by a county recorder to
14 implement and maintain the automation of books and records by
15 computer, micrographics, or any other means, including but
16 not limited to electronic interface allowing public access to
17 these records over the World Wide Web. a document storage
18 system to provide the equipment, materials and necessary
19 expenses incurred to help defray the costs of implementing
20 and maintaining such a document records system.
21 The county board of any county that provides and
22 maintains a countywide map through a Geographic Information
23 System (GIS) may provide for an additional charge of $3 for
24 filing every instrument, paper, or notice for record in order
25 to defray the cost of implementing or maintaining the
26 county's Geographic Information System. Of that amount, $2
27 must be deposited into a special fund set up by the treasurer
28 of the county, and any moneys collected pursuant to this
29 amendatory Act of the 91st General Assembly and deposited
30 into that fund must be used solely for the equipment,
31 materials, and necessary expenses incurred in implementing
32 and maintaining a Geographic Information System. The
33 remaining $1 must be deposited into the recorder's special
34 funds created under Section 3-5005.4. The recorder may, in
-5- LRB9206081TAtmam07
1 his or her discretion, use moneys in the funds created under
2 Section 3-5005.4 to defray the cost of implementing or
3 maintaining the county's Geographic Information System.
4 The foregoing fees allowed by this Section are the
5 maximum fees that may be collected from any officer, agency,
6 department or other instrumentality of the State. The county
7 board may, however, by ordinance, increase the fees allowed
8 by this Section and collect such increased fees from all
9 persons and entities other than officers, agencies,
10 departments and other instrumentalities of the State if the
11 increase is justified by an acceptable cost study showing
12 that the fees allowed by this Section are not sufficient to
13 cover the cost of providing the service.
14 A statement of the costs of providing each service,
15 program and activity shall be prepared by the county board.
16 All supporting documents shall be public record and subject
17 to public examination and audit. All direct and indirect
18 costs, as defined in the United States Office of Management
19 and Budget Circular A-87, may be included in the
20 determination of the costs of each service, program and
21 activity.
22 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
23 91-886, eff. 1-1-01.)
24 (Text of Section after amendment by P.A. 91-893)
25 Sec. 3-5018. Fees. The recorder elected as provided for
26 in this Division shall receive such fees as are or may be
27 provided for him by law, in case of provision therefor:
28 otherwise he shall receive the same fees as are or may be
29 provided in this Section, except when increased by county
30 ordinance pursuant to the provisions of this Section, to be
31 paid to the county clerk for his services in the office of
32 recorder for like services.
33 For recording deeds or other instruments $12 for the
34 first 4 pages thereof, plus $1 for each additional page
-6- LRB9206081TAtmam07
1 thereof, plus $1 for each additional document number therein
2 noted. The aggregate minimum fee for recording any one
3 instrument shall not be less than $12.
4 For recording deeds or other instruments wherein the
5 premises affected thereby are referred to by document number
6 and not by legal description a fee of $1 in addition to that
7 hereinabove referred to for each document number therein
8 noted.
9 For recording assignments of mortgages, leases or liens
10 $12 for the first 4 pages thereof, plus $1 for each
11 additional page thereof. However, except for leases and
12 liens pertaining to oil, gas and other minerals, whenever a
13 mortgage, lease or lien assignment assigns more than one
14 mortgage, lease or lien document, a $7 fee shall be charged
15 for the recording of each such mortgage, lease or lien
16 document after the first one.
17 For recording maps or plats of additions or subdivisions
18 approved by the county or municipality (including the
19 spreading of the same of record in map case or other proper
20 books) or plats of condominiums $50 for the first page, plus
21 $1 for each additional page thereof except that in the case
22 of recording a single page, legal size 8 1/2 x 14, plat of
23 survey in which there are no more than two lots or parcels of
24 land, the fee shall be $12. In each county where such maps
25 or plats are to be recorded, the recorder may require the
26 same to be accompanied by such number of exact, true and
27 legible copies thereof as the recorder deems necessary for
28 the efficient conduct and operation of his office.
29 For certified copies of records the same fees as for
30 recording, but in no case shall the fee for a certified copy
31 of a map or plat of an addition, subdivision or otherwise
32 exceed $10.
33 Each certificate of such recorder of the recording of the
34 deed or other writing and of the date of recording the same
-7- LRB9206081TAtmam07
1 signed by such recorder, shall be sufficient evidence of the
2 recording thereof, and such certificate including the
3 indexing of record, shall be furnished upon the payment of
4 the fee for recording the instrument, and no additional fee
5 shall be allowed for the certificate or indexing.
6 The recorder shall charge an additional fee, in an amount
7 equal to the fee otherwise provided by law, for recording a
8 document (other than a document filed under the Plat Act or
9 the Uniform Commercial Code) that does not conform to the
10 following standards:
11 (1) The document shall consist of one or more
12 individual sheets measuring 8.5 inches by 11 inches, not
13 permanently bound and not a continuous form. Graphic
14 displays accompanying a document to be recorded that
15 measure up to 11 inches by 17 inches shall be recorded
16 without charging an additional fee.
17 (2) The document shall be legibly printed in black
18 ink, by hand, type, or computer. Signatures and dates
19 may be in contrasting colors if they will reproduce
20 clearly.
21 (3) The document shall be on white paper of not
22 less than 20-pound weight and shall have a clean margin
23 of at least one-half inch on the top, the bottom, and
24 each side. Margins may be used for non-essential
25 notations that will not affect the validity of the
26 document, including but not limited to form numbers, page
27 numbers, and customer notations.
28 (4) The first page of the document shall contain a
29 blank space, measuring at least 3 inches by 5 inches,
30 from the upper right corner.
31 (5) The document shall not have any attachment
32 stapled or otherwise affixed to any page.
33 A document that does not conform to these standards shall not
34 be recorded except upon payment of the additional fee
-8- LRB9206081TAtmam07
1 required under this paragraph. This paragraph, as amended by
2 this amendatory Act of 1995, applies only to documents dated
3 after the effective date of this amendatory Act of 1995.
4 The county board of any county may by resolution provide
5 for an additional charge of $3 for filing every instrument,
6 paper, or notice for record, in order to defray the cost of
7 the county recorder's operations relating to computer,
8 micrographics, or any other means of automation of books and
9 records. converting the county recorder's document storage
10 system to computers or micrographics.
11 A special fund shall be set up by the treasurer of the
12 county and such funds collected pursuant to the preceding
13 paragraph Public Act 83-1321 shall be used solely for the
14 costs and necessary expenses incurred by a county recorder to
15 implement and maintain the automation of books and records by
16 computer, micrographics, or any other means, including but
17 not limited to electronic interface allowing public access to
18 these records over the World Wide Web. a document storage
19 system to provide the equipment, materials and necessary
20 expenses incurred to help defray the costs of implementing
21 and maintaining such a document records system.
22 The county board of any county that provides and
23 maintains a countywide map through a Geographic Information
24 System (GIS) may provide for an additional charge of $3 for
25 filing every instrument, paper, or notice for record in order
26 to defray the cost of implementing or maintaining the
27 county's Geographic Information System. Of that amount, $2
28 must be deposited into a special fund set up by the treasurer
29 of the county, and any moneys collected pursuant to this
30 amendatory Act of the 91st General Assembly and deposited
31 into that fund must be used solely for the equipment,
32 materials, and necessary expenses incurred in implementing
33 and maintaining a Geographic Information System. The
34 remaining $1 must be deposited into the recorder's special
-9- LRB9206081TAtmam07
1 funds created under Section 3-5005.4. The recorder may, in
2 his or her discretion, use moneys in the funds created under
3 Section 3-5005.4 to defray the cost of implementing or
4 maintaining the county's Geographic Information System.
5 The foregoing fees allowed by this Section are the
6 maximum fees that may be collected from any officer, agency,
7 department or other instrumentality of the State. The county
8 board may, however, by ordinance, increase the fees allowed
9 by this Section and collect such increased fees from all
10 persons and entities other than officers, agencies,
11 departments and other instrumentalities of the State if the
12 increase is justified by an acceptable cost study showing
13 that the fees allowed by this Section are not sufficient to
14 cover the cost of providing the service.
15 A statement of the costs of providing each service,
16 program and activity shall be prepared by the county board.
17 All supporting documents shall be public record and subject
18 to public examination and audit. All direct and indirect
19 costs, as defined in the United States Office of Management
20 and Budget Circular A-87, may be included in the
21 determination of the costs of each service, program and
22 activity.
23 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00;
24 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)
25 (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)
26 Sec. 3-5036. Records open to inspection. All records,
27 indices, abstract and other books kept in the office of any
28 recorder, and all instruments filed therein and all
29 instruments deposited or left for recordation therein shall,
30 during the office hours, be open for public inspection and
31 examination; and all persons shall have free access for
32 inspection and examination to such records, indices, books
33 and instruments, which the recorders shall be bound to
-10- LRB9206081TAtmam07
1 exhibit to those who wish to inspect or examine the same; and
2 all persons shall have the right to take memoranda and
3 abstracts thereof without fee or reward. This Section is
4 subject to the provisions of "The Local Records Act".
5 Records, indices, abstracts, and other books kept in the
6 office of the recorder, and all instruments filed, deposited,
7 or left there for recordation, may be made available on a Web
8 site maintained by the county recorder on the World Wide Web.
9 Making records available on the World Wide Web does not alter
10 or satisfy any duties of the county recorder to keep,
11 maintain, or otherwise make available records of the office
12 as required by law. The county recorder may make these
13 records available in a format which enables greater access,
14 use, and searchability of these records as a value-added
15 service. If authorized by resolution of the county board, a
16 reasonable fee may be assessed against any person who may
17 access or copy records using value-added services of a World
18 Wide Web site maintained by the county recorder. The county
19 recorder may also charge any fee for accessing or copying
20 records that would customarily be charged to a person
21 accessing or copying these records while at the office of the
22 county recorder.
23 (Source: P.A. 86-962.)
24 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
25 Sec. 4-2002.1. State's attorney fees in counties of
26 3,000,000 or more population. This Section applies only to
27 counties with 3,000,000 or more inhabitants. In addition,
28 counties with 80,000 or more inhabitants but less than
29 3,000,000 inhabitants may by resolution provide for fee
30 amounts up to the amounts listed in this Section; otherwise,
31 the applicable fee amounts shall be as provided in Section
32 4-2002 of this Code.
33 (a) State's attorneys shall be entitled to the following
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1 fees:
2 For each conviction in prosecutions on indictments for
3 first degree murder, second degree murder, involuntary
4 manslaughter, criminal sexual assault, aggravated criminal
5 sexual assault, aggravated criminal sexual abuse, kidnapping,
6 arson and forgery, $60. All other cases punishable by
7 imprisonment in the penitentiary, $60.
8 For each conviction in other cases tried before judges of
9 the circuit court, $30; except that if the conviction is in a
10 case which may be assigned to an associate judge, whether or
11 not it is in fact assigned to an associate judge, the fee
12 shall be $20.
13 For preliminary examinations for each defendant held to
14 bail or recognizance, $20.
15 For each examination of a party bound over to keep the
16 peace, $20.
17 For each defendant held to answer in a circuit court on a
18 charge of paternity, $20.
19 For each trial on a charge of paternity, $60.
20 For each case of appeal taken from his county or from the
21 county to which a change of venue is taken to his county to
22 the Supreme or Appellate Court when prosecuted or defended by
23 him, $100.
24 For each day actually employed in the trial of a case,
25 $50; in which case the court before whom the case is tried
26 shall make an order specifying the number of days for which a
27 per diem shall be allowed.
28 For each day actually employed in the trial of cases of
29 felony arising in their respective counties and taken by
30 change of venue to another county, $50; and the court before
31 whom the case is tried shall make an order specifying the
32 number of days for which said per diem shall be allowed; and
33 it is hereby made the duty of each State's attorney to
34 prepare and try each case of felony arising when so taken by
-12- LRB9206081TAtmam07
1 change of venue.
2 For assisting in a trial of each case on an indictment
3 for felony brought by change of venue to their respective
4 counties, the same fees they would be entitled to if such
5 indictment had been found for an offense committed in his
6 county, and it shall be the duty of the State's attorney of
7 the county to which such cause is taken by change of venue to
8 assist in the trial thereof.
9 For each case of forfeited recognizance where the
10 forfeiture is set aside at the instance of the defense, in
11 addition to the ordinary costs, $20 for each defendant.
12 For each proceeding in a circuit court to inquire into
13 the alleged mental illness of any person, $20 for each
14 defendant.
15 For each proceeding in a circuit court to inquire into
16 the alleged dependency or delinquency of any child, $20.
17 For each day actually employed in the hearing of a case
18 of habeas corpus in which the people are interested, $50.
19 All the foregoing fees shall be taxed as costs to be
20 collected from the defendant, if possible, upon conviction.
21 But in cases of inquiry into the mental illness of any person
22 alleged to be mentally ill, in cases on a charge of paternity
23 and in cases of appeal in the Supreme or Appellate Court,
24 where judgment is in favor of the accused, the fees allowed
25 the State's attorney therein shall be retained out of the
26 fines and forfeitures collected by them in other cases.
27 Ten per cent of all moneys except revenue, collected by
28 them and paid over to the authorities entitled thereto, which
29 per cent together with the fees provided for herein that are
30 not collected from the parties tried or examined, shall be
31 paid out of any fines and forfeited recognizances collected
32 by them, provided however, that in proceedings to foreclose
33 the lien of delinquent real estate taxes State's attorneys
34 shall receive a fee, to be credited to the earnings of their
-13- LRB9206081TAtmam07
1 office, of 10% of the total amount realized from the sale of
2 real estate sold in such proceedings. Such fees shall be paid
3 from the total amount realized from the sale of the real
4 estate sold in such proceedings.
5 State's attorneys shall have a lien for their fees on all
6 judgments for fines or forfeitures procured by them and on
7 moneys except revenue received by them until such fees and
8 earnings are fully paid.
9 No fees shall be charged on more than 10 counts in any
10 one indictment or information on trial and conviction; nor on
11 more than 10 counts against any one defendant on pleas of
12 guilty.
13 The Circuit Court may direct that of all monies received,
14 by restitution or otherwise, which monies are ordered paid to
15 the Department of Public Aid or the Department of Human
16 Services (acting as successor to the Department of Public Aid
17 under the Department of Human Services Act) as a direct
18 result of the efforts of the State's attorney and which
19 payments arise from Civil or Criminal prosecutions involving
20 the Illinois Public Aid Code or the Criminal Code, the
21 following amounts shall be paid quarterly by the Department
22 of Public Aid or the Department of Human Services to the
23 General Corporate Fund of the County in which the prosecution
24 or cause of action took place:
25 (1) where the monies result from child support
26 obligations, not less than 25% of the federal share of
27 the monies received,
28 (2) where the monies result from other than child
29 support obligations, not less than 25% of the State's
30 share of the monies received.
31 (b) A municipality shall be entitled to a $10
32 prosecution fee for each conviction for a violation of the
33 Illinois Vehicle Code prosecuted by the municipal attorney
34 pursuant to Section 16-102 of that Code which is tried before
-14- LRB9206081TAtmam07
1 a circuit or associate judge and shall be entitled to a $10
2 prosecution fee for each conviction for a violation of a
3 municipal vehicle ordinance prosecuted by the municipal
4 attorney which is tried before a circuit or associate judge.
5 Such fee shall be taxed as costs to be collected from the
6 defendant, if possible, upon conviction. A municipality
7 shall have a lien for such prosecution fees on all judgments
8 or fines procured by the municipal attorney from prosecutions
9 for violations of the Illinois Vehicle Code and municipal
10 vehicle ordinances.
11 For the purposes of this subsection (b), "municipal
12 vehicle ordinance" means any ordinance enacted pursuant to
13 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the
14 Illinois Municipal Code or any ordinance enacted by a
15 municipality which is similar to a provision of Chapter 11 of
16 the Illinois Vehicle Code.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
19 Sec. 4-4001. County Clerks; counties of first and second
20 class. The fees of the county clerk in counties of the first
21 and second class, except when increased by county ordinance
22 pursuant to the provisions of this Section, shall be:
23 For each official copy of any process, file, record or
24 other instrument of and pertaining to his office, 50¢ for
25 each 100 words, and $1 additional for certifying and sealing
26 the same.
27 For filing any paper not herein otherwise provided for,
28 $1, except that no fee shall be charged for filing a
29 Statement of economic interest pursuant to the Illinois
30 Governmental Ethics Act or reports made pursuant to Article 9
31 of The Election Code.
32 For issuance of fireworks permits, $2.
33 For issuance of liquor licenses, $5.
-15- LRB9206081TAtmam07
1 For filing and recording of the appointment and oath of
2 each public official, $3.
3 For officially certifying and sealing each copy of any
4 process, file, record or other instrument of and pertaining
5 to his office, $1.
6 For swearing any person to an affidavit, $1.
7 For issuing each license in all matters except where the
8 fee for the issuance thereof is otherwise fixed, $4.
9 For issuing each marriage license, the certificate
10 thereof, and for recording the same, including the recording
11 of the parent's or guardian's consent where indicated, $15.
12 For taking and certifying acknowledgments to any
13 instrument, except where herein otherwise provided for, $1.
14 For issuing each certificate of appointment or
15 commission, the fee for which is not otherwise fixed by law,
16 $1.
17 For cancelling tax sale and issuing and sealing
18 certificates of redemption, $3.
19 For issuing order to county treasurer for redemption of
20 forfeited tax, $2.
21 For trying and sealing weights and measures by county
22 standard, together with all actual expenses in connection
23 therewith, $1.
24 For services in case of estrays, $2.
25 The following fees shall be allowed for services
26 attending the sale of land for taxes, and shall be charged as
27 costs against the delinquent property and be collected with
28 the taxes thereon:
29 For services in attending the tax sale and issuing
30 certificate of sale and sealing the same, for each tract or
31 town lot sold, $4. The County Board of any county of the
32 first or second class may by resolution authorize the County
33 Clerk to impose an additional $10 charge for issuing each
34 certificate of sale for the sole purpose of defraying the
-16- LRB9206081TAtmam07
1 cost of converting the County Clerk's tax extension and
2 redemption system to computers and micrographics and for
3 maintaining this system. The County Board of any county of
4 the first or second class may by resolution authorize the
5 County Treasurer to establish a special fund for deposit of
6 the additional charge. Moneys in the special fund shall be
7 used solely to provide the equipment, material, and necessary
8 expenses incurred to help defray the cost of implementing and
9 maintaining the tax extension and redemption system.
10 For making list of delinquent lands and town lots sold,
11 to be filed with the Comptroller, for each tract or town lot
12 sold, 10¢.
13 The foregoing fees allowed by this Section are the
14 maximum fees that may be collected from any officer, agency,
15 department or other instrumentality of the State. The county
16 board may, however, by ordinance, increase the fees allowed
17 by this Section and collect such increased fees from all
18 persons and entities other than officers, agencies,
19 departments and other instrumentalities of the State if the
20 increase is justified by an acceptable cost study showing
21 that the fees allowed by this Section are not sufficient to
22 cover the cost of providing the service.
23 A Statement of the costs of providing each service,
24 program and activity shall be prepared by the county board.
25 All supporting documents shall be public record and subject
26 to public examination and audit. All direct and indirect
27 costs, as defined in the United States Office of Management
28 and Budget Circular A-87, may be included in the
29 determination of the costs of each service, program and
30 activity.
31 The county clerk in all cases may demand and receive the
32 payment of all fees for services in advance so far as the
33 same can be ascertained.
34 The county board of any county of the first or second
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1 class may by ordinance authorize the county clerk to impose
2 an additional $2 charge for certified copies of vital records
3 as defined in Section 1 of the Vital Records Act, for the
4 sole purpose of defraying the cost of converting the county
5 clerk's document storage system for vital records as defined
6 in Section 1 of the Vital Records Act to computers or
7 micrographics, and for maintaining such system.
8 The county board of any county of the first or second
9 class may by ordinance authorize the county treasurer to
10 establish a special fund for deposit of the additional
11 charge. Moneys in the special fund shall be used solely to
12 provide the equipment, material and necessary expenses
13 incurred to help defray the cost of implementing and
14 maintaining such document storage system.
15 The fees allowed by this Section are the maximum fees
16 that may be collected from any officer, agency, department,
17 or other instrumentality of the State. The county board may,
18 however, by resolution, increase the fees allowed by this
19 Section and collect these increased fees from all persons and
20 entities other than officers, agencies, departments, and
21 other instrumentalities of the State if the increase is
22 justified by an acceptable cost study showing that the fees
23 allowed by this Section are not sufficient to cover the cost
24 of providing the service.
25 A Statement of the costs of providing each service,
26 program, and activity shall be prepared by the county board.
27 All supporting documents shall be public records and subject
28 to public examination and audit. All direct and indirect
29 costs, as defined in the United States Office of Management
30 and Budget Circular A-87, may be included in the
31 determination of the costs of each service, program, and
32 activity.
33 The county clerk in all cases may demand and receive the
34 payment of all service fees in advance so far as these fees
-18- LRB9206081TAtmam07
1 can be ascertained in advance.
2 (Source: P.A. 86-962.)
3 (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
4 Sec. 4-12003. Fees of county clerk in third class
5 counties. The fees of the county clerk in counties of the
6 third class are:
7 For issuing each marriage license, sealing, filing and
8 recording the same and the certificate thereto (one charge),
9 $30.
10 For taking, certifying to and sealing the acknowledgment
11 of a deed, power of attorney, or other writing, $1.
12 For filing and entering certificates in case of estrays,
13 and furnishing notices for publication thereof (one charge),
14 $1.50.
15 For recording all papers and documents required by law to
16 be recorded in the office of the county clerk, $2 plus 30¢
17 for every 100 words in excess of 600 words.
18 For certificate and seal, not in a case in a court
19 whereof he is clerk, $1.
20 For making and certifying a copy of any record or paper
21 in his office, $2 for every page.
22 For filing papers in his office, 50¢ for each paper
23 filed, except that no fee shall be charged for filing a
24 Statement of economic interest pursuant to the Illinois
25 Governmental Ethics Act or reports made pursuant to Article 9
26 of The Election Code.
27 For making transcript of taxable property for the
28 assessors, 8¢ for each tract of land or town lot. For
29 extending other than State and county taxes, 8¢ for each tax
30 on each tract or lot, and 8¢ for each person's personal tax,
31 to be paid by the authority for whose benefit the transcript
32 is made and the taxes extended. The county clerk shall
33 certify to the county collector the amount due from each
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1 authority for such services and the collector in his
2 settlement with such authority shall reserve such amount from
3 the amount payable by him to such authority.
4 For adding and bringing forward with current tax warrants
5 amounts due for forfeited or withdrawn special assessments,
6 8¢ for each lot or tract of land described and transcribed.
7 For computing and extending each assessment or
8 installment thereof and interest, 8¢ on each description; and
9 for computing and extending each penalty, 8¢ on each
10 description. These fees shall be paid by the city, village,
11 or taxing body for whose benefit the transcript is made and
12 the assessment and penalties are extended. The county clerk
13 shall certify to the county collector the amount due from
14 each city, village or taxing body, for such services, and the
15 collector in his settlement with such taxing body shall
16 reserve such amount from the amount payable by him to such
17 city, village or other taxing body.
18 For cancelling certificates of sale, $4 for each tract or
19 lot.
20 For making search and report of general taxes and special
21 assessments for use in the preparation of estimate of cost of
22 redemption from sales or forfeitures or withdrawals or for
23 use in the preparation of estimate of cost of purchase of
24 forfeited property, or for use in preparation of order on the
25 county collector for searches requested by buyers at annual
26 tax sale, for each lot or tract, $4 for the first year
27 searched, and $2 for each additional year or fraction
28 thereof.
29 For preparing from tax search report estimate of cost of
30 redemption concerning property sold, forfeited or withdrawn
31 for non-payment of general taxes and special assessments, if
32 any, $1 for each lot or tract.
33 For certificate of deposit for redemption, $4.
34 For preparing from tax search report estimate of and
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1 order to county collector to receive amount necessary to
2 redeem or purchase lands or lots forfeited for non-payment of
3 general taxes, $3 for each lot or tract.
4 For preparing from tax search report estimate of and
5 order to county collector to receive amount necessary to
6 redeem or purchase lands or lots forfeited for non-payment of
7 special assessments, $4 for each lot or tract.
8 For issuing certificate of sale of forfeited property,
9 $10.
10 For noting on collector's warrants tax sales subject to
11 redemption, 20¢ for each tract or lot of land, to be paid by
12 either the person making the redemption from tax sale, the
13 person surrendering the certificate of sale for cancellation,
14 or the person taking out tax deed.
15 For noting on collector's warrant special assessments
16 withdrawn from collection 20¢ for each tract or lot of land,
17 to be charged against the lot assessed in the withdrawn
18 special assessment when brought forward with current tax or
19 when redeemed by the county clerk. The county clerk shall
20 certify to the county collector the amount due from each
21 city, village or taxing body for such fees, each year, and
22 the county collector in his settlement with such taxing body
23 shall reserve such amount from the amount payable by him to
24 such taxing body.
25 For taking and approving official bond of a town
26 assessor, filing and recording same, and issuing certificate
27 of election or qualification to such official or to the
28 Secretary of State, $10, to be paid by the officer-elect.
29 For certified copies of plats, 20¢ for each lot shown in
30 copy, but no charge less than $4.
31 For tax search and issuing Statement regarding same on
32 new plats to be recorded, $10.
33 For furnishing written description in conformity with
34 permanent real estate index number, $2 for each written
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1 description.
2 The following fees shall be allowed for services in
3 matters of taxes and assessments, and shall be charged as
4 costs against the delinquent property, and collected with the
5 taxes thereon:
6 For entering judgment, 8¢ for each tract or lot.
7 For services in attending the tax sale and issuing
8 certificates of sale and sealing the same, $10 for each tract
9 or lot. The County Board may by resolution authorize the
10 County Clerk to impose an additional $10 charge for issuing
11 each certificate of sale for the sole purpose of defraying
12 the cost of converting the County Clerk's tax extension and
13 redemption system to computers and micrographics and for
14 maintaining this system. The County Board may by resolution
15 authorize the County Treasurer to establish a special fund
16 for deposit of the additional charge. Moneys in the special
17 fund shall be used solely to provide the equipment,
18 material, and necessary expenses incurred to help defray the
19 cost of implementing and maintaining the tax extension and
20 redemption system.
21 For making list of delinquent lands and town lots sold,
22 to be filed with the State Comptroller, 10¢ for each tract or
23 lot sold.
24 The following fees shall be audited and allowed by the
25 board of county commissioners and paid from the county
26 treasury.
27 For computing State or county taxes, on each description
28 of real estate and each person's, firm's or corporation's
29 personal property tax, for each extension of each tax, 4¢,
30 which shall include the transcribing of the collector's
31 books.
32 For computing, extending and bringing forward, and adding
33 to the current tax, the amount due for general taxes on lands
34 and lots previously forfeited to the State, for each
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1 extension of each tax, 4¢ for the first year, and for
2 computing and extending the tax and penalty for each
3 additional year, 6¢.
4 For making duplicate or triplicate sets of books,
5 containing transcripts of taxable property, for the board of
6 assessors and board of review, 3¢ for each description
7 entered in each book.
8 For filing, indexing and recording or binding each birth,
9 death or stillbirth certificate or report, 15¢, which fee
10 shall be in full for all services in connection therewith,
11 including the keeping of accounts with district registrars.
12 For posting new subdivisions or plats in official
13 atlases, 25¢ for each lot.
14 For compiling new sheets for atlases, 20¢ for each lot.
15 For compiling new atlases, including necessary record
16 searches, 25¢ for each lot.
17 For investigating and reporting on each new plat,
18 referred to county clerk, $2.
19 For attending sessions of the board of county
20 commissioners thereof, $5 per day, for each clerk in
21 attendance.
22 For recording proceedings of the board of county
23 commissioners, 15¢ per 100 words.
24 For filing papers which must be kept in office of
25 comptroller of Cook County, 10¢ for each paper filed.
26 For filing and indexing contracts, bonds, communications,
27 and other such papers which must be kept in office of
28 comptroller of Cook County, 15¢ for each document.
29 For swearing any person to necessary affidavits relating
30 to the correctness of claims against the county, 25¢.
31 For issuing warrants in payment of salaries, supplies and
32 other accounts, and all necessary auditing and bookkeeping
33 work in connection therewith, 10¢ each.
34 The fee requirements of this Section do not apply to
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1 units of local government or school districts.
2 (Source: P.A. 86-962; 87-669.)
3 (55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113)
4 Sec. 5-1113. Ordinance and rules to execute powers;
5 limitations on punishments. The county board may pass all
6 ordinances and make all rules and regulations proper or
7 necessary, to carry into effect the powers granted to
8 counties, with such fines or penalties as may be deemed
9 proper except where a specific provision for a fine or
10 penalty is provided by law. No fine or penalty, however,
11 except civil penalties provided for failure to make returns
12 or to pay any taxes levied by the county shall exceed $750
13 $500.
14 (Source: P.A. 86-962.)
15 Section 10. The Clerks of Courts Act is amended by
16 changing Sections 27.1, 27.1a, 27.2, 27.2a, 27.5, and 27.6 as
17 follows:
18 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
19 Sec. 27.1. The fees of the Clerk of the Circuit Court in
20 all counties having a population of 180,000 inhabitants or
21 less shall be paid in advance, except as otherwise provided,
22 and shall be as provided in this Section. However, counties
23 having a population of 80,000 or more inhabitants but not
24 more than 180,000 inhabitants may by resolution of the county
25 board provide for increased fee amounts up to the maximums
26 listed in Section 27.2 of this Act. In the absence of such a
27 county board resolution, the fees shall be as follows:
28 (a) Civil Cases.
29 (1) All civil cases except as otherwise
30 provided........................................... $40
31 (2) Judicial Sales (except Probate).......... $40
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1 (b) Family.
2 (1) Commitment petitions under the Mental
3 Health and Developmental Disabilities Code, filing
4 transcript of commitment proceedings held in
5 another county, and cases under the Juvenile Court
6 Act of 1987........................................ $25
7 (2) Petition for Marriage Licenses........... $10
8 (3) Marriages in Court....................... $10
9 (4) Paternity................................ $40
10 (c) Criminal and Quasi-Criminal.
11 (1) Each person convicted of a felony........ $40
12 (2) Each person convicted of a misdemeanor,
13 leaving scene of an accident, driving while
14 intoxicated, reckless driving or drag racing,
15 driving when license revoked or suspended,
16 overweight, or no interstate commerce certificate,
17 or when the disposition is court supervision....... $25
18 (3) Each person convicted of a business
19 offense............................................ $25
20 (4) Each person convicted of a petty offense. $25
21 (5) Minor traffic, conservation, or
22 ordinance violation, including
23 without limitation when the disposition is
24 court supervision:
25 (i) For each offense.................... $10
26 (ii) For each notice sent to the
27 defendant's last known address pursuant to
28 subsection (c) of Section 6-306.4 of the Illinois
29 Vehicle Code....................................... $2
30 (iii) For each notice sent to the
31 Secretary of State pursuant to subsection (c) of
32 Section 6-306.4 of the Illinois Vehicle Code....... $2
33 (6) When Court Appearance required........... $15
34 (7) Motions to vacate or amend final orders.. $10
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1 (8) In ordinance violation cases punishable
2 by fine only, the clerk of the circuit court shall
3 be entitled to receive, unless the fee is excused
4 upon a finding by the court that the defendant is
5 indigent, in addition to other fees or costs
6 allowed or imposed by law, the sum of $62.50 as a
7 fee for the services of a jury. The jury fee shall
8 be paid by the defendant at the time of filing his
9 or her jury demand. If the fee is not so paid by
10 the defendant, no jury shall be called, and the
11 case shall be tried by the court without a jury.
12 (d) Other Civil Cases.
13 (1) Money or personal property claimed does
14 not exceed $500.................................... $10
15 (2) Exceeds $500 but not more than $10,000... $25
16 (3) Exceeds $10,000, when relief in addition
17 to or supplemental to recovery of money alone is
18 sought in an action to recover personal property
19 taxes or retailers occupational tax regardless of
20 amount claimed..................................... $45
21 (4) The Clerk of the Circuit Court shall be
22 entitled to receive, in addition to other fees
23 allowed by law, the sum of $62.50, as a fee for the
24 services of a jury in every civil action not
25 quasi-criminal in its nature and not a proceeding
26 for the exercise of the right of eminent domain,
27 and in every equitable action wherein the right of
28 trial by jury is or may be given by law. The jury
29 fee shall be paid by the party demanding a jury at
30 the time of filing his jury demand. If such a fee
31 is not paid by either party, no jury shall be
32 called in the action, suit, or proceeding, and the
33 same shall be tried by the court without a jury.
34 (e) Confession of judgment and answer.
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1 (1) When the amount does not exceed $1,000... $20
2 (2) Exceeds $1,000........................... $40
3 (f) Auxiliary Proceedings.
4 Any auxiliary proceeding relating to the
5 collection of a money judgment, including
6 garnishment, citation, or wage deduction action.... $5
7 (g) Forcible entry and detainer.
8 (1) For possession only or possession and
9 rent not in excess of $10,000...................... $10
10 (2) For possession and rent in excess of
11 $10,000............................................ $40
12 (h) Eminent Domain.
13 (1) Exercise of Eminent Domain............... $45
14 (2) For each and every lot or tract of land
15 or right or interest therein subject to be
16 condemned, the damages in respect to which shall
17 require separate assessments by a jury............. $45
18 (i) Reinstatement.
19 Each case including petition for modification
20 of a judgment or order of Court if filed later than
21 30 days after the entry of a judgment or order,
22 except in forcible entry and detainer cases and
23 small claims and except a petition to modify,
24 terminate, or enforce a judgement or order for
25 child or spousal support or to modify, suspend, or
26 terminate an order for withholding, petition to
27 vacate judgment of dismissal for want of
28 prosecution whenever filed, petition to reopen an
29 estate, or redocketing of any cause................ $20
30 (j) Probate.
31 (1) Administration of decedent's estates,
32 whether testate or intestate, guardianships of the
33 person or estate or both of a person under legal
34 disability, guardianships of the person or estate
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1 or both of a minor or minors, or petitions to sell
2 real estate in the administration of any estate.... $50
3 (2) Small estates in cases where the real and
4 personal property of an estate does not exceed
5 $5,000............................................. $25
6 (3) At any time during the administration of
7 the estate, however, at the request of the Clerk,
8 the Court shall examine the record of the estate
9 and the personal representative to determine the
10 total value of the real and personal property of
11 the estate, and if such value exceeds $5,000 shall
12 order the payment of an additional fee in the
13 amount of.......................................... $40
14 (4) Inheritance tax proceedings.............. $15
15 (5) Issuing letters only for a certain
16 specific reason other than the administration of an
17 estate, including but not limited to the release of
18 mortgage; the issue of letters of guardianship in
19 order that consent to marriage may be granted or
20 for some other specific reason other than for the
21 care of property or person; proof of heirship
22 without administration; or when a will is to be
23 admitted to probate, but the estate is to be
24 settled without administration..................... $10
25 (6) When a separate complaint relating to any
26 matter other than a routine claim is filed in an
27 estate, the required additional fee shall be
28 charged for such filing............................ $45
29 (k) Change of Venue.
30 From a court, the charge is the same amount as
31 the original filing fee; however, the fee for
32 preparation and certification of record on change
33 of venue, when original documents or copies are
34 forwarded.......................................... $10
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1 (l) Answer, adverse pleading, or appearance.
2 In civil cases................................ $15
3 With the following exceptions:
4 (1) When the amount does not exceed $500..... $5
5 (2) When amount exceeds $500 but not $10,000. $10
6 (3) When amount exceeds $10,000.............. $15
7 (4) Court appeals when documents are
8 forwarded, over 200 pages, additional fee per page
9 over 200........................................... 10¢
10 (m) Tax objection complaints.
11 For each tax objection complaint containing
12 one or more tax objections, regardless of the
13 number of parcels involved or the number of
14 taxpayers joining the complaint.................... $10
15 (n) Tax deed.
16 (1) Petition for tax deed, if only one parcel
17 is involved........................................ $45
18 (2) For each additional parcel involved, an
19 additional fee of.................................. $10
20 (o) Mailing Notices and Processes.
21 (1) All notices that the clerk is required to
22 mail as first class mail........................... $2
23 (2) For all processes or notices the Clerk is
24 required to mail by certified or registered mail,
25 the fee will be $2 plus cost of postage.
26 (p) Certification or Authentication.
27 (1) Each certification or authentication for
28 taking the acknowledgement of a deed or other
29 instrument in writing with seal of office.......... $2
30 (2) Court appeals when original documents are
31 forwarded, 100 pages or under, plus delivery costs. $25
32 (3) Court appeals when original documents are
33 forwarded, over 100 pages, plus delivery costs..... $60
34 (4) Court appeals when original documents are
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1 forwarded, over 200 pages, additional fee per page
2 over 200........................................... 10¢
3 (q) Reproductions.
4 Each record of proceedings and judgment,
5 whether on appeal, change of venue, certified
6 copies of orders and judgments, and all other
7 instruments, documents, records, or papers:
8 (1) First page.......................... $1
9 (2) Next 19 pages, per page............. 50¢
10 (3) All remaining pages, per page....... 25¢
11 (r) Counterclaim.
12 When any defendant files a counterclaim as
13 part of his or her answer or otherwise, or joins
14 another party as a third party defendant, or both,
15 he or she shall pay a fee for each such
16 counterclaim or third party action in an amount
17 equal to the fee he or she would have had to pay
18 had he or she brought a separate action for the
19 relief sought in the counterclaim or against the
20 third party defendant, less the amount of the
21 appearance fee, if that has been paid.
22 (s) Transcript of Judgment.
23 From a court, the same fee as if case
24 originally filed.
25 (t) Publications.
26 The cost of publication shall be paid directly
27 to the publisher by the person seeking the
28 publication, whether the clerk is required by law
29 to publish, or the parties to the action.
30 (u) Collections.
31 (1) For all collections made for others,
32 except the State and County and except in
33 maintenance or child support cases, a sum equal to
34 2% of the amount collected and turned over.
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1 (2) In any cases remanded to the Circuit
2 Court from the Supreme Court or the Appellate
3 Court, the Clerk shall file the remanding order and
4 reinstate the case with either its original number
5 or a new number. The Clerk shall not charge any
6 new or additional fee for the reinstatement. Upon
7 reinstatement the Clerk shall advise the parties of
8 the reinstatement. A party shall have the same
9 right to a jury trial on remand and reinstatement
10 as he or she had before the appeal, and no
11 additional or new fee or charge shall be made for a
12 jury trial after remand.
13 (3) In maintenance and child support matters,
14 the Clerk may deduct from each payment an amount
15 equal to the United States postage to be used in
16 mailing the maintenance or child support check to
17 the recipient. In such cases, the Clerk shall
18 collect an annual fee of up to $36 from the person
19 making such payment for maintaining child support
20 records and the processing of support orders to the
21 State of Illinois KIDS system and the recording of
22 payments issued by the State Disbursement Unit for
23 the official record of the Court. Such sum shall be
24 in addition to and separate from amounts ordered to
25 be paid as maintenance or child support and shall
26 be deposited in a separate Maintenance and Child
27 Support Collection Fund of which the Clerk shall be
28 the custodian, ex officio, to be used by the Clerk
29 to maintain child support orders and record all
30 payments issued by the State Disbursement Unit for
31 the official record of the Court. Unless paid in
32 cash or pursuant to an order for withholding, the
33 payment of the fee shall be by a separate
34 instrument from the support payment and shall be
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1 made to the order of the Clerk. The Clerk may
2 recover from the person making the maintenance or
3 child support payment any additional cost incurred
4 in the collection of this annual fee.
5 (4) Interest earned on any funds held by the
6 clerk shall be turned over to the county general
7 fund as an earning of the office.
8 The Clerk shall also be entitled to a fee of
9 $5 for certifications made to the Secretary of
10 State as provided in Section 7-703 of the Family
11 Financial Responsibility Law and these fees shall
12 also be deposited into the Separate Maintenance and
13 Child Support Collection Fund.
14 (v) Correction of Cases.
15 For correcting the case number or case title
16 on any document filed in his office, to be charged
17 against the party that filed the document.......... $10
18 (w) Record Search.
19 For searching a record, per year searched..... $4
20 (x) Printed Output.
21 For each page of hard copy print output, when
22 case records are maintained on an automated medium. $2
23 (y) Alias Summons.
24 For each alias summons issued................. $2
25 (z) Expungement of Records.
26 For each expungement petition filed........... $15
27 (aa) Other Fees.
28 Any fees not covered by this Section shall be set by
29 rule or administrative order of the Circuit Court, with
30 the approval of the Supreme Court.
31 (bb) Exemptions.
32 No fee provided for herein shall be charged to any
33 unit of State or local government or school district
34 unless the Court orders another party to pay such fee on
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1 its behalf. The fee requirements of this Section shall
2 not apply to police departments or other law enforcement
3 agencies. In this Section, "law enforcement agency"
4 means an agency of the State or a unit of local
5 government that is vested by law or ordinance with the
6 duty to maintain public order and to enforce criminal
7 laws and ordinances. The fee requirements of this Section
8 shall not apply to any action instituted under subsection
9 (b) of Section 11-31-1 of the Illinois Municipal Code by
10 a private owner or tenant of real property within 1200
11 feet of a dangerous or unsafe building seeking an order
12 compelling the owner or owners of the building to take
13 any of the actions authorized under that subsection.
14 (cc) Adoptions.
15 (1) For an adoption.............................$65
16 (2) Upon good cause shown, the court may waive the
17 adoption filing fee in a special needs adoption. The
18 term "special needs adoption" shall have the meaning
19 ascribed to it by the Illinois Department of Children and
20 Family Services.
21 (dd) Adoption exemptions.
22 No fee other than that set forth in subsection (cc)
23 shall be charged to any person in connection with an
24 adoption proceeding.
25 (ee) Additional Services.
26 Beginning July 1, 1993, the clerk of the circuit
27 court may provide such additional services for which
28 there is no fee specified by statute in connection with
29 the operation of the clerk's office as may be requested
30 by the public and agreed to by the public and by the
31 clerk and approved by the chief judge of the circuit
32 court. Any charges for additional services shall be as
33 agreed to between the clerk and the party making the
34 request and approved by the chief judge of the circuit
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1 court. Nothing in this subsection shall be construed to
2 require any clerk to provide any service not otherwise
3 required by law.
4 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
5 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
6 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)
7 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
8 Sec. 27.1a. The fees of the clerks of the circuit court
9 in all counties having a population in excess of 180,000 but
10 not more than 650,000 inhabitants in the instances described
11 in this Section shall be as provided in this Section.
12 However, counties having a population of more than 180,000
13 inhabitants but not more than 650,000 inhabitants may by
14 resolution of the county board provide for increased fee
15 amounts up to the maximums listed in Section 27.2 of this
16 Act. The fees shall be paid in advance and in the absence of
17 such a county board resolution, shall be as follows:
18 (a) Civil Cases.
19 The fee for filing a complaint, petition, or other
20 pleading initiating a civil action, with the following
21 exceptions, shall be $150.
22 (A) When the amount of money or damages or the
23 value of personal property claimed does not exceed
24 $250, $10.
25 (B) When that amount exceeds $250 but does not
26 exceed $500, $20.
27 (C) When that amount exceeds $500 but does not
28 exceed $2500, $30.
29 (D) When that amount exceeds $2500 but does
30 not exceed $15,000, $75.
31 (E) For the exercise of eminent domain, $150.
32 For each additional lot or tract of land or right or
33 interest therein subject to be condemned, the
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1 damages in respect to which shall require separate
2 assessment by a jury, $150.
3 (a-1) Family.
4 For filing a petition under the Juvenile Court Act
5 of 1987, $25.
6 For filing a petition for a marriage license, $10.
7 For performing a marriage in court, $10.
8 For filing a petition under the Illinois Parentage
9 Act of 1984, $40.
10 (b) Forcible Entry and Detainer.
11 In each forcible entry and detainer case when the
12 plaintiff seeks possession only or unites with his or her
13 claim for possession of the property a claim for rent or
14 damages or both in the amount of $15,000 or less, $40.
15 When the plaintiff unites his or her claim for possession
16 with a claim for rent or damages or both exceeding
17 $15,000, $150.
18 (c) Counterclaim or Joining Third Party Defendant.
19 When any defendant files a counterclaim as part of
20 his or her answer or otherwise or joins another party as
21 a third party defendant, or both, the defendant shall pay
22 a fee for each counterclaim or third party action in an
23 amount equal to the fee he or she would have had to pay
24 had he or she brought a separate action for the relief
25 sought in the counterclaim or against the third party
26 defendant, less the amount of the appearance fee, if that
27 has been paid.
28 (d) Confession of Judgment.
29 In a confession of judgment when the amount does not
30 exceed $1500, $50. When the amount exceeds $1500, but
31 does not exceed $15,000, $115. When the amount exceeds
32 $15,000, $200.
33 (e) Appearance.
34 The fee for filing an appearance in each civil case
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1 shall be $50, except as follows:
2 (A) When the plaintiff in a forcible entry and
3 detainer case seeks possession only, $20.
4 (B) When the amount in the case does not
5 exceed $1500, $20.
6 (C) When that amount exceeds $1500 but does
7 not exceed $15,000, $40.
8 (f) Garnishment, Wage Deduction, and Citation.
9 In garnishment affidavit, wage deduction affidavit,
10 and citation petition when the amount does not exceed
11 $1,000, $10; when the amount exceeds $1,000 but does not
12 exceed $5,000, $20; and when the amount exceeds $5,000,
13 $30.
14 (g) Petition to Vacate or Modify.
15 (1) Petition to vacate or modify any final judgment
16 or order of court, except in forcible entry and detainer
17 cases and small claims cases or a petition to reopen an
18 estate, to modify, terminate, or enforce a judgment or
19 order for child or spousal support, or to modify,
20 suspend, or terminate an order for withholding, if filed
21 before 30 days after the entry of the judgment or order,
22 $40.
23 (2) Petition to vacate or modify any final judgment
24 or order of court, except a petition to modify,
25 terminate, or enforce a judgment or order for child or
26 spousal support or to modify, suspend, or terminate an
27 order for withholding, if filed later than 30 days after
28 the entry of the judgment or order, $60.
29 (3) Petition to vacate order of bond forfeiture,
30 $20.
31 (h) Mailing.
32 When the clerk is required to mail, the fee will be
33 $6, plus the cost of postage.
34 (i) Certified Copies.
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1 Each certified copy of a judgment after the first,
2 except in small claims and forcible entry and detainer
3 cases, $10.
4 (j) Habeas Corpus.
5 For filing a petition for relief by habeas corpus,
6 $80.
7 (k) Certification, Authentication, and Reproduction.
8 (1) Each certification or authentication for taking
9 the acknowledgment of a deed or other instrument in
10 writing with the seal of office, $4.
11 (2) Court appeals when original documents are
12 forwarded, under 100 pages, plus delivery and costs, $50.
13 (3) Court appeals when original documents are
14 forwarded, over 100 pages, plus delivery and costs, $120.
15 (4) Court appeals when original documents are
16 forwarded, over 200 pages, an additional fee of 20 cents
17 per page.
18 (5) For reproduction of any document contained in
19 the clerk's files:
20 (A) First page, $2.
21 (B) Next 19 pages, 50 cents per page.
22 (C) All remaining pages, 25 cents per page.
23 (l) Remands.
24 In any cases remanded to the Circuit Court from the
25 Supreme Court or the Appellate Court for a new trial, the
26 clerk shall file the remanding order and reinstate the
27 case with either its original number or a new number. The
28 Clerk shall not charge any new or additional fee for the
29 reinstatement. Upon reinstatement the Clerk shall advise
30 the parties of the reinstatement. A party shall have the
31 same right to a jury trial on remand and reinstatement as
32 he or she had before the appeal, and no additional or new
33 fee or charge shall be made for a jury trial after
34 remand.
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1 (m) Record Search.
2 For each record search, within a division or
3 municipal district, the clerk shall be entitled to a
4 search fee of $4 for each year searched.
5 (n) Hard Copy.
6 For each page of hard copy print output, when case
7 records are maintained on an automated medium, the clerk
8 shall be entitled to a fee of $4.
9 (o) Index Inquiry and Other Records.
10 No fee shall be charged for a single
11 plaintiff/defendant index inquiry or single case record
12 inquiry when this request is made in person and the
13 records are maintained in a current automated medium, and
14 when no hard copy print output is requested. The fees to
15 be charged for management records, multiple case records,
16 and multiple journal records may be specified by the
17 Chief Judge pursuant to the guidelines for access and
18 dissemination of information approved by the Supreme
19 Court.
20 (p) Commitment Petitions.
21 For filing commitment petitions under the Mental
22 Health and Developmental Disabilities Code and for filing
23 a transcript of commitment proceedings held in another
24 county, $25.
25 (q) Alias Summons.
26 For each alias summons or citation issued by the
27 clerk, $4.
28 (r) Other Fees.
29 Any fees not covered in this Section shall be set by
30 rule or administrative order of the Circuit Court with
31 the approval of the Administrative Office of the Illinois
32 Courts.
33 The clerk of the circuit court may provide
34 additional services for which there is no fee specified
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1 by statute in connection with the operation of the
2 clerk's office as may be requested by the public and
3 agreed to by the clerk and approved by the chief judge of
4 the circuit court. Any charges for additional services
5 shall be as agreed to between the clerk and the party
6 making the request and approved by the chief judge of the
7 circuit court. Nothing in this subsection shall be
8 construed to require any clerk to provide any service not
9 otherwise required by law.
10 (s) Jury Services.
11 The clerk shall be entitled to receive, in addition
12 to other fees allowed by law, the sum of $192.50, as a
13 fee for the services of a jury in every civil action not
14 quasi-criminal in its nature and not a proceeding for the
15 exercise of the right of eminent domain and in every
16 other action wherein the right of trial by jury is or may
17 be given by law. The jury fee shall be paid by the party
18 demanding a jury at the time of filing the jury demand.
19 If the fee is not paid by either party, no jury shall be
20 called in the action or proceeding, and the same shall be
21 tried by the court without a jury.
22 (t) Voluntary Assignment.
23 For filing each deed of voluntary assignment, $10;
24 for recording the same, 25¢ for each 100 words.
25 Exceptions filed to claims presented to an assignee of a
26 debtor who has made a voluntary assignment for the
27 benefit of creditors shall be considered and treated, for
28 the purpose of taxing costs therein, as actions in which
29 the party or parties filing the exceptions shall be
30 considered as party or parties plaintiff, and the
31 claimant or claimants as party or parties defendant, and
32 those parties respectively shall pay to the clerk the
33 same fees as provided by this Section to be paid in other
34 actions.
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1 (u) Expungement Petition.
2 The clerk shall be entitled to receive a fee of $30
3 for each expungement petition filed and an additional fee
4 of $2 for each certified copy of an order to expunge
5 arrest records.
6 (v) Probate.
7 The clerk is entitled to receive the fees specified in
8 this subsection (v), which shall be paid in advance, except
9 that, for good cause shown, the court may suspend, reduce, or
10 release the costs payable under this subsection:
11 (1) For administration of the estate of a decedent
12 (whether testate or intestate) or of a missing person,
13 $100, plus the fees specified in subsection (v)(3),
14 except:
15 (A) When the value of the real and personal
16 property does not exceed $15,000, the fee shall be
17 $25.
18 (B) When (i) proof of heirship alone is made,
19 (ii) a domestic or foreign will is admitted to
20 probate without administration (including proof of
21 heirship), or (iii) letters of office are issued for
22 a particular purpose without administration of the
23 estate, the fee shall be $25.
24 (2) For administration of the estate of a ward,
25 $50, plus the fees specified in subsection (v)(3),
26 except:
27 (A) When the value of the real and personal
28 property does not exceed $15,000, the fee shall be
29 $25.
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
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1 a tax return or releasing a mortgage or consenting
2 to the marriage of the ward, the fee shall be $10.
3 (3) In addition to the fees payable under
4 subsection (v)(1) or (v)(2) of this Section, the
5 following fees are payable:
6 (A) For each account (other than one final
7 account) filed in the estate of a decedent, or ward,
8 $15.
9 (B) For filing a claim in an estate when the
10 amount claimed is $150 or more but less than $500,
11 $10; when the amount claimed is $500 or more but
12 less than $10,000, $25; when the amount claimed is
13 $10,000 or more, $40; provided that the court in
14 allowing a claim may add to the amount allowed the
15 filing fee paid by the claimant.
16 (C) For filing in an estate a claim, petition,
17 or supplemental proceeding based upon an action
18 seeking equitable relief including the construction
19 or contest of a will, enforcement of a contract to
20 make a will, and proceedings involving testamentary
21 trusts or the appointment of testamentary trustees,
22 $40.
23 (D) For filing in an estate (i) the appearance
24 of any person for the purpose of consent or (ii) the
25 appearance of an executor, administrator,
26 administrator to collect, guardian, guardian ad
27 litem, or special administrator, no fee.
28 (E) Except as provided in subsection
29 (v)(3)(D), for filing the appearance of any person
30 or persons, $10.
31 (F) For each jury demand, $102.50.
32 (G) For disposition of the collection of a
33 judgment or settlement of an action or claim for
34 wrongful death of a decedent or of any cause of
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1 action of a ward, when there is no other
2 administration of the estate, $30, less any amount
3 paid under subsection (v)(1)(B) or (v)(2)(B) except
4 that if the amount involved does not exceed $5,000,
5 the fee, including any amount paid under subsection
6 (v)(1)(B) or (v)(2)(B), shall be $10.
7 (H) For each certified copy of letters of
8 office, of court order or other certification, $1,
9 plus 50¢ per page in excess of 3 pages for the
10 document certified.
11 (I) For each exemplification, $1, plus the fee
12 for certification.
13 (4) The executor, administrator, guardian,
14 petitioner, or other interested person or his or her
15 attorney shall pay the cost of publication by the clerk
16 directly to the newspaper.
17 (5) The person on whose behalf a charge is incurred
18 for witness, court reporter, appraiser, or other
19 miscellaneous fee shall pay the same directly to the
20 person entitled thereto.
21 (6) The executor, administrator, guardian,
22 petitioner, or other interested person or his or her
23 attorney shall pay to the clerk all postage charges
24 incurred by the clerk in mailing petitions, orders,
25 notices, or other documents pursuant to the provisions of
26 the Probate Act of 1975.
27 (w) Criminal and Quasi-Criminal Costs and Fees.
28 (1) The clerk shall be entitled to costs in all
29 criminal and quasi-criminal cases from each person
30 convicted or sentenced to supervision therein as follows:
31 (A) Felony complaints, $80.
32 (B) Misdemeanor complaints, $50.
33 (C) Business offense complaints, $50.
34 (D) Petty offense complaints, $50.
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1 (E) Minor traffic or ordinance violations,
2 $20.
3 (F) When court appearance required, $30.
4 (G) Motions to vacate or amend final orders,
5 $20.
6 (H) Motions to vacate bond forfeiture orders,
7 $20.
8 (I) Motions to vacate ex parte judgments,
9 whenever filed, $20.
10 (J) Motions to vacate judgment on forfeitures,
11 whenever filed, $20.
12 (K) Motions to vacate "failure to appear" or
13 "failure to comply" notices sent to the Secretary of
14 State, $20.
15 (2) In counties having a population in excess of
16 180,000 but not more than 650,000 inhabitants, when the
17 violation complaint is issued by a municipal police
18 department, the clerk shall be entitled to costs from
19 each person convicted therein as follows:
20 (A) Minor traffic or ordinance violations,
21 $10.
22 (B) When court appearance required, $15.
23 (3) In ordinance violation cases punishable by fine
24 only, the clerk of the circuit court shall be entitled to
25 receive, unless the fee is excused upon a finding by the
26 court that the defendant is indigent, in addition to
27 other fees or costs allowed or imposed by law, the sum of
28 $62.50 as a fee for the services of a jury. The jury fee
29 shall be paid by the defendant at the time of filing his
30 or her jury demand. If the fee is not so paid by the
31 defendant, no jury shall be called, and the case shall be
32 tried by the court without a jury.
33 (x) Transcripts of Judgment.
34 For the filing of a transcript of judgment, the
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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, $25.
10 (z) Tax objection complaints.
11 For each tax objection complaint containing one or
12 more tax objections, regardless of the number of parcels
13 involved or the number of taxpayers joining on the
14 complaint, $25.
15 (aa) Tax Deeds.
16 (1) Petition for tax deed, if only one parcel is
17 involved, $150.
18 (2) For each additional parcel, add a fee of $50.
19 (bb) Collections.
20 (1) For all collections made of others, except the
21 State and county and except in maintenance or child
22 support cases, a sum equal to 2.5% of the amount
23 collected and turned over.
24 (2) Interest earned on any funds held by the clerk
25 shall be turned over to the county general fund as an
26 earning of the office.
27 (3) For any check, draft, or other bank instrument
28 returned to the clerk for non-sufficient funds, account
29 closed, or payment stopped, $25.
30 (4) In child support and maintenance cases, the
31 clerk, if authorized by an ordinance of the county board,
32 may collect an annual fee of up to $36 from the person
33 making payment for maintaining child support records and
34 the processing of support orders to the State of Illinois
-44- LRB9206081TAtmam07
1 KIDS system and the recording of payments issued by the
2 State Disbursement Unit for the official record of the
3 Court. This fee shall be in addition to and separate
4 from amounts ordered to be paid as maintenance or child
5 support and shall be deposited into a Separate
6 Maintenance and Child Support Collection Fund, of which
7 the clerk shall be the custodian, ex-officio, to be used
8 by the clerk to maintain child support orders and record
9 all payments issued by the State Disbursement Unit for
10 the official record of the Court. The clerk may recover
11 from the person making the maintenance or child support
12 payment any additional cost incurred in the collection
13 of this annual fee.
14 The clerk shall also be entitled to a fee of $5 for
15 certifications made to the Secretary of State as provided
16 in Section 7-703 of the Family Financial Responsibility
17 Law and these fees shall also be deposited into the
18 Separate Maintenance and Child Support Collection Fund.
19 (cc) Corrections of Numbers.
20 For correction of the case number, case title, or
21 attorney computer identification number, if required by
22 rule of court, on any document filed in the clerk's
23 office, to be charged against the party that filed the
24 document, $15.
25 (dd) Exceptions.
26 (1) The fee requirements of this Section shall not
27 apply to police departments or other law enforcement
28 agencies. In this Section, "law enforcement agency"
29 means an agency of the State or a unit of local
30 government which is vested by law or ordinance with the
31 duty to maintain public order and to enforce criminal
32 laws or ordinances. "Law enforcement agency" also means
33 the Attorney General or any state's attorney.
34 (2) No fee provided herein shall be charged to any
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1 unit of local government or school district.
2 (3) The fee requirements of this Section shall not
3 apply to any action instituted under subsection (b) of
4 Section 11-31-1 of the Illinois Municipal Code by a
5 private owner or tenant of real property within 1200 feet
6 of a dangerous or unsafe building seeking an order
7 compelling the owner or owners of the building to take
8 any of the actions authorized under that subsection.
9 (ee) Adoptions.
10 (1) For an adoption.............................$65
11 (2) Upon good cause shown, the court may waive the
12 adoption filing fee in a special needs adoption. The
13 term "special needs adoption" shall have the meaning
14 ascribed to it by the Illinois Department of Children and
15 Family Services.
16 (ff) Adoption exemptions.
17 No fee other than that set forth in subsection (ee)
18 shall be charged to any person in connection with an
19 adoption proceeding.
20 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
21 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
22 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
23 Sec. 27.2. The fees of the clerks of the circuit court
24 in all counties having a population in excess of 650,000
25 inhabitants but less than 3,000,000 inhabitants in the
26 instances described in this Section shall be as provided in
27 this Section. In those instances where a minimum and maximum
28 fee is stated, counties with more than 650,000 inhabitants
29 but less than 3,000,000 inhabitants must charge the minimum
30 fee listed in this Section and may charge up to the maximum
31 fee if the county board has by resolution increased the fee.
32 In addition, the fees provided in this Section shall apply to
33 all units of local government and school districts in
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1 counties with more than 3,000,000 inhabitants. The fees
2 shall be paid in advance and shall be as follows:
3 (a) Civil Cases.
4 The fee for filing a complaint, petition, or other
5 pleading initiating a civil action, with the following
6 exceptions, shall be a minimum of $150 and a maximum of
7 $190.
8 (A) When the amount of money or damages or the
9 value of personal property claimed does not exceed
10 $250, a minimum of $10 and a maximum of $15.
11 (B) When that amount exceeds $250 but does not
12 exceed $1,000 $500, a minimum of $20 and a maximum
13 of $40.
14 (C) When that amount exceeds $1,000 $500 but
15 does not exceed $2500, a minimum of $30 and a
16 maximum of $50.
17 (D) When that amount exceeds $2500 but does
18 not exceed $5,000 $15,000, a minimum of $75 and a
19 maximum of $100.
20 (D-5) When the amount exceeds $5,000 but does
21 not exceed $15,000, a minimum of $75 and a maximum
22 of $150.
23 (E) For the exercise of eminent domain, $150.
24 For each additional lot or tract of land or right or
25 interest therein subject to be condemned, the
26 damages in respect to which shall require separate
27 assessment by a jury, $150.
28 (b) Forcible Entry and Detainer.
29 In each forcible entry and detainer case when the
30 plaintiff seeks possession only or unites with his or her
31 claim for possession of the property a claim for rent or
32 damages or both in the amount of $15,000 or less, a
33 minimum of $40 and a maximum of $75. When the plaintiff
34 unites his or her claim for possession with a claim for
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1 rent or damages or both exceeding $15,000, a minimum of
2 $150 and a maximum of $225.
3 (c) Counterclaim or Joining Third Party Defendant.
4 When any defendant files a counterclaim as part of
5 his or her answer or otherwise or joins another party as
6 a third party defendant, or both, the defendant shall pay
7 a fee for each counterclaim or third party action in an
8 amount equal to the fee he or she would have had to pay
9 had he or she brought a separate action for the relief
10 sought in the counterclaim or against the third party
11 defendant, less the amount of the appearance fee, if that
12 has been paid.
13 (d) Confession of Judgment.
14 In a confession of judgment when the amount does not
15 exceed $1500, a minimum of $50 and a maximum of $60. When
16 the amount exceeds $1500, but does not exceed $5,000
17 $15,000, $75 $115. When the amount exceeds $5,000, but
18 does not exceed $15,000, $175. When the amount exceeds
19 $15,000, a minimum of $200 and a maximum of $250.
20 (e) Appearance.
21 The fee for filing an appearance in each civil case
22 shall be a minimum of $50 and a maximum of $75, except as
23 follows:
24 (A) When the plaintiff in a forcible entry and
25 detainer case seeks possession only,; a minimum of
26 $20 and a maximum of $40.
27 (B) When the amount in the case does not
28 exceed $1500, a minimum of $20 and a maximum of $40.
29 (C) When the that amount in the case exceeds
30 $1500 but does not exceed $15,000, a minimum of $40
31 and a maximum of $60.
32 (f) Garnishment, Wage Deduction, and Citation.
33 In garnishment affidavit, wage deduction affidavit,
34 and citation petition when the amount does not exceed
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1 $1,000, a minimum of $10 and a maximum of $15; when the
2 amount exceeds $1,000 but does not exceed $5,000, a
3 minimum of $20 and a maximum of $30; and when the amount
4 exceeds $5,000, a minimum of $30 and a maximum of $50.
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 a minimum of $40 and a maximum of $50.
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, a minimum of $60 and
20 a maximum of $75.
21 (3) Petition to vacate order of bond forfeiture, a
22 minimum of $20 and a maximum of $40.
23 (h) Mailing.
24 When the clerk is required to mail, the fee will be
25 a minimum of $6 and a maximum of $10, plus the cost of
26 postage.
27 (i) Certified Copies.
28 Each certified copy of a judgment after the first,
29 except in small claims and forcible entry and detainer
30 cases, a minimum of $10 and a maximum of $15.
31 (j) Habeas Corpus.
32 For filing a petition for relief by habeas corpus, a
33 minimum of $80 and a maximum of $125.
34 (k) Certification, Authentication, and Reproduction.
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1 (1) Each certification or authentication for taking
2 the acknowledgment of a deed or other instrument in
3 writing with the seal of office, a minimum of $4 and a
4 maximum of $6.
5 (2) Court appeals when original documents are
6 forwarded, under 100 pages, plus delivery and costs, a
7 minimum of $50 and a maximum of $75.
8 (3) Court appeals when original documents are
9 forwarded, over 100 pages, plus delivery and costs, a
10 minimum of $120 and a maximum of $150.
11 (4) Court appeals when original documents are
12 forwarded, over 200 pages, an additional fee of a minimum
13 of 20 and a maximum of 25 cents per page.
14 (5) For reproduction of any document contained in
15 the clerk's files:
16 (A) First page, $2.
17 (B) Next 19 pages, 50 cents per page.
18 (C) All remaining pages, 25 cents per page.
19 (l) Remands.
20 In any cases remanded to the Circuit Court from the
21 Supreme Court or the Appellate Court for a new trial, the
22 clerk shall file the remanding order and reinstate the
23 case with either its original number or a new number.
24 The Clerk shall not charge any new or additional fee for
25 the reinstatement. Upon reinstatement the Clerk shall
26 advise the parties of the reinstatement. A party shall
27 have the same right to a jury trial on remand and
28 reinstatement as he or she had before the appeal, and no
29 additional or new fee or charge shall be made for a jury
30 trial after remand.
31 (m) Record Search.
32 For each record search, within a division or
33 municipal district, the clerk shall be entitled to a
34 search fee of a minimum of $4 and a maximum of $6 for
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1 each year searched.
2 (n) Hard Copy.
3 For each page of hard copy print output, when case
4 records are maintained on an automated medium, the clerk
5 shall be entitled to a fee of a minimum of $4 and a
6 maximum of $6.
7 (o) Index Inquiry and Other Records.
8 No fee shall be charged for a single
9 plaintiff/defendant index inquiry or single case record
10 inquiry when this request is made in person and the
11 records are maintained in a current automated medium, and
12 when no hard copy print output is requested. The fees to
13 be charged for management records, multiple case records,
14 and multiple journal records may be specified by the
15 Chief Judge pursuant to the guidelines for access and
16 dissemination of information approved by the Supreme
17 Court.
18 (p) Commitment Petitions.
19 For filing commitment petitions under the Mental
20 Health and Developmental Disabilities Code, a minimum of
21 $25 and a maximum of $50.
22 (q) Alias Summons.
23 For each alias summons or citation issued by the
24 clerk, a minimum of $4 and a maximum of $5.
25 (r) Other Fees.
26 Any fees not covered in this Section shall be set by
27 rule or administrative order of the Circuit Court with
28 the approval of the Administrative Office of the Illinois
29 Courts.
30 The clerk of the circuit court may provide
31 additional services for which there is no fee specified
32 by statute in connection with the operation of the
33 clerk's office as may be requested by the public and
34 agreed to by the clerk and approved by the chief judge of
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1 the circuit court. Any charges for additional services
2 shall be as agreed to between the clerk and the party
3 making the request and approved by the chief judge of the
4 circuit court. Nothing in this subsection shall be
5 construed to require any clerk to provide any service not
6 otherwise required by law.
7 (s) Jury Services.
8 The clerk shall be entitled to receive, in addition
9 to other fees allowed by law, the sum of a minimum of
10 $192.50 and a maximum of $212.50, as a fee for the
11 services of a jury in every civil action not
12 quasi-criminal in its nature and not a proceeding for the
13 exercise of the right of eminent domain and in every
14 other action wherein the right of trial by jury is or may
15 be given by law. The jury fee shall be paid by the party
16 demanding a jury at the time of filing the jury demand.
17 If the fee is not paid by either party, no jury shall be
18 called in the action or proceeding, and the same shall be
19 tried by the court without a jury.
20 (t) Voluntary Assignment.
21 For filing each deed of voluntary assignment, a
22 minimum of $10 and a maximum of $20; for recording the
23 same, a minimum of 25¢ and a maximum of $0.50 for each
24 100 words. Exceptions filed to claims presented to an
25 assignee of a debtor who has made a voluntary assignment
26 for the benefit of creditors shall be considered and
27 treated, for the purpose of taxing costs therein, as
28 actions in which the party or parties filing the
29 exceptions shall be considered as party or parties
30 plaintiff, and the claimant or claimants as party or
31 parties defendant, and those parties respectively shall
32 pay to the clerk the same fees as provided by this
33 Section to be paid in other actions.
34 (u) Expungement Petition.
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1 The clerk shall be entitled to receive a fee of a
2 minimum of $30 and a maximum of $60 for each expungement
3 petition filed and an additional fee of a minimum of $2
4 and a maximum of $4 for each certified copy of an order
5 to expunge arrest records.
6 (v) Probate.
7 The clerk is entitled to receive the fees specified in
8 this subsection (v), which shall be paid in advance, except
9 that, for good cause shown, the court may suspend, reduce, or
10 release the costs payable under this subsection:
11 (1) For administration of the estate of a decedent
12 (whether testate or intestate) or of a missing person, a
13 minimum of $100 and a maximum of $150, 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 $25 and a maximum of $40.
18 (B) When (i) proof of heirship alone is made,
19 (ii) a domestic or foreign will is admitted to
20 probate without administration (including proof of
21 heirship), or (iii) letters of office are issued for
22 a particular purpose without administration of the
23 estate, the fee shall be a minimum of $25 and a
24 maximum of $40.
25 (2) For administration of the estate of a ward, a
26 minimum of $50 and a maximum of $75, plus the fees
27 specified in subsection (v)(3), except:
28 (A) When the value of the real and personal
29 property does not exceed $15,000, the fee shall be a
30 minimum of $25 and a maximum of $40.
31 (B) When (i) letters of office are issued to a
32 guardian of the person or persons, but not of the
33 estate or (ii) letters of office are issued in the
34 estate of a ward without administration of the
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1 estate, including filing or joining in the filing of
2 a tax return or releasing a mortgage or consenting
3 to the marriage of the ward, the fee shall be a
4 minimum of $10 and a maximum of $20.
5 (3) In addition to the fees payable under
6 subsection (v)(1) or (v)(2) of this Section, the
7 following fees are payable:
8 (A) For each account (other than one final
9 account) filed in the estate of a decedent, or ward,
10 a minimum of $15 and a maximum of $25.
11 (B) For filing a claim in an estate when the
12 amount claimed is $150 or more but less than $500, a
13 minimum of $10 and a maximum of $20; when the amount
14 claimed is $500 or more but less than $10,000, a
15 minimum of $25 and a maximum of $40; when the amount
16 claimed is $10,000 or more, a minimum of $40 and a
17 maximum of $60; provided that the court in allowing
18 a claim may add to the amount allowed the filing fee
19 paid by the claimant.
20 (C) For filing in an estate a claim, petition,
21 or supplemental proceeding based upon an action
22 seeking equitable relief including the construction
23 or contest of a will, enforcement of a contract to
24 make a will, and proceedings involving testamentary
25 trusts or the appointment of testamentary trustees,
26 a minimum of $40 and a maximum of $60.
27 (D) For filing in an estate (i) the appearance
28 of any person for the purpose of consent or (ii) the
29 appearance of an executor, administrator,
30 administrator to collect, guardian, guardian ad
31 litem, or special administrator, no fee.
32 (E) Except as provided in subsection
33 (v)(3)(D), for filing the appearance of any person
34 or persons, a minimum of $10 and a maximum of $30.
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1 (F) For each jury demand, a minimum of $102.50
2 and a maximum of $137.50.
3 (G) For disposition of the collection of a
4 judgment or settlement of an action or claim for
5 wrongful death of a decedent or of any cause of
6 action of a ward, when there is no other
7 administration of the estate, a minimum of $30 and a
8 maximum of $50, less any amount paid under
9 subsection (v)(1)(B) or (v)(2)(B) except that if the
10 amount involved does not exceed $5,000, the fee,
11 including any amount paid under subsection (v)(1)(B)
12 or (v)(2)(B), shall be a minimum of $10 and a
13 maximum of $20.
14 (H) For each certified copy of letters of
15 office, of court order or other certification, a
16 minimum of $1 and a maximum of $2, plus a minimum of
17 50¢ and a maximum of $1 per page in excess of 3
18 pages for the document certified.
19 (I) For each exemplification, a minimum of $1
20 and a maximum of $2, plus the fee for certification.
21 (4) The executor, administrator, guardian,
22 petitioner, or other interested person or his or her
23 attorney shall pay the cost of publication by the clerk
24 directly to the newspaper.
25 (5) The person on whose behalf a charge is incurred
26 for witness, court reporter, appraiser, or other
27 miscellaneous fee shall pay the same directly to the
28 person entitled thereto.
29 (6) The executor, administrator, guardian,
30 petitioner, or other interested person or his attorney
31 shall pay to the clerk all postage charges incurred by
32 the clerk in mailing petitions, orders, notices, or other
33 documents pursuant to the provisions of the Probate Act
34 of 1975.
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1 (w) Criminal and Quasi-Criminal Costs and Fees.
2 (1) The clerk shall be entitled to costs in all
3 criminal and quasi-criminal cases from each person
4 convicted or sentenced to supervision therein as follows:
5 (A) Felony complaints, a minimum of $80 and a
6 maximum of $125.
7 (B) Misdemeanor complaints, a minimum of $50
8 and a maximum of $75.
9 (C) Business offense complaints, a minimum of
10 $50 and a maximum of $75.
11 (D) Petty offense complaints, a minimum of $50
12 and a maximum of $75.
13 (E) Minor traffic or ordinance violations,
14 $20.
15 (F) When court appearance required, $30.
16 (G) Motions to vacate or amend final orders, a
17 minimum of $20 and a maximum of $40.
18 (H) Motions to vacate bond forfeiture orders,
19 a minimum of $20 and a maximum of $30.
20 (I) Motions to vacate ex parte judgments,
21 whenever filed, a minimum of $20 and a maximum of
22 $30.
23 (J) Motions to vacate judgment on forfeitures,
24 whenever filed, a minimum of $20 and a maximum of
25 $25.
26 (K) Motions to vacate "failure to appear" or
27 "failure to comply" notices sent to the Secretary of
28 State, a minimum of $20 and a maximum of $40.
29 (2) In counties having a population of more than
30 650,000 but fewer than 3,000,000 inhabitants, when the
31 violation complaint is issued by a municipal police
32 department, the clerk shall be entitled to costs from
33 each person convicted therein as follows:
34 (A) Minor traffic or ordinance violations,
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1 $10.
2 (B) When court appearance required, $15.
3 (3) In ordinance violation cases punishable by fine
4 only, the clerk of the circuit court shall be entitled to
5 receive, unless the fee is excused upon a finding by the
6 court that the defendant is indigent, in addition to
7 other fees or costs allowed or imposed by law, the sum of
8 a minimum of $50 and a maximum of $112.50 as a fee for
9 the services of a jury. The jury fee shall be paid by
10 the defendant at the time of filing his or her jury
11 demand. If the fee is not so paid by the defendant, no
12 jury shall be called, and the case shall be tried by the
13 court without a jury.
14 (x) Transcripts of Judgment.
15 For the filing of a transcript of judgment, the
16 clerk shall be entitled to the same fee as if it were the
17 commencement of new suit.
18 (y) Change of Venue.
19 (1) For the filing of a change of case on a change
20 of venue, the clerk shall be entitled to the same fee as
21 if it were the commencement of a new suit.
22 (2) The fee for the preparation and certification
23 of a record on a change of venue to another jurisdiction,
24 when original documents are forwarded, a minimum of $25
25 and a maximum of $40.
26 (z) Tax objection complaints.
27 For each tax objection complaint containing one or
28 more tax objections, regardless of the number of parcels
29 involved pertaining to the same taxpayer or the number of
30 taxpayers joining in the complaint, a minimum of $25 and
31 a maximum of $50.
32 (aa) Tax Deeds.
33 (1) Petition for tax deed, if only one parcel is
34 involved, a minimum of $150 and a maximum of $250.
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1 (2) For each additional parcel, add a fee of a
2 minimum of $50 and a maximum of $100.
3 (bb) Collections.
4 (1) For all collections made of others, except the
5 State and county and except in maintenance or child
6 support cases, a sum equal to a minimum of 2.5% and a
7 maximum of 3.0% 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
15 clerk, if authorized by an ordinance of the county board,
16 may collect an annual fee of up to $36 from the person
17 making payment for maintaining child support records and
18 the processing of support orders to the State of Illinois
19 KIDS system and the recording of payments issued by the
20 State Disbursement Unit for the official record of the
21 Court. This fee shall be in addition to and separate from
22 amounts ordered to be paid as maintenance or child
23 support and shall be deposited into a Separate
24 Maintenance and Child Support Collection Fund, of which
25 the clerk shall be the custodian, ex-officio, to be used
26 by the clerk to maintain child support orders and record
27 all payments issued by the State Disbursement Unit for
28 the official record of the Court. The clerk may recover
29 from the person making the maintenance or child support
30 payment any additional cost incurred in the collection of
31 this annual fee.
32 The clerk shall also be entitled to a fee of $5 for
33 certifications made to the Secretary of State as provided
34 in Section 7-703 of the Family Financial Responsibility
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1 Law and these fees shall also be deposited into the
2 Separate Maintenance and Child Support Collection Fund.
3 (cc) Corrections of Numbers.
4 For correction of the case number, case title, or
5 attorney computer identification number, if required by
6 rule of court, on any document filed in the clerk's
7 office, to be charged against the party that filed the
8 document, a minimum of $15 and a maximum of $25.
9 (dd) Exceptions.
10 The fee requirements of this Section shall not apply
11 to police departments or other law enforcement agencies.
12 In this Section, "law enforcement agency" means an agency
13 of the State or a unit of local government which is
14 vested by law or ordinance with the duty to maintain
15 public order and to enforce criminal laws or ordinances.
16 "Law enforcement agency" also means the Attorney General
17 or any state's attorney. The fee requirements of this
18 Section shall not apply to any action instituted under
19 subsection (b) of Section 11-31-1 of the Illinois
20 Municipal Code by a private owner or tenant of real
21 property within 1200 feet of a dangerous or unsafe
22 building seeking an order compelling the owner or owners
23 of the building to take any of the actions authorized
24 under that subsection.
25 (ee) Adoptions.
26 (1) For an adoption.............................$65
27 (2) Upon good cause shown, the court may waive the
28 adoption filing fee in a special needs adoption. The
29 term "special needs adoption" shall have the meaning
30 ascribed to it by the Illinois Department of Children and
31 Family Services.
32 (ff) Adoption exemptions.
33 No fee other than that set forth in subsection (ee)
34 shall be charged to any person in connection with an
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1 adoption proceeding.
2 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
3 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
4 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
5 Sec. 27.2a. The fees of the clerks of the circuit court
6 in all counties having a population of 3,000,000 or more
7 inhabitants in the instances described in this Section shall
8 be as provided in this Section. In those instances where a
9 minimum and maximum fee is stated, the clerk of the circuit
10 court must charge the minimum fee listed and may charge up to
11 the maximum fee if the county board has by resolution
12 increased the fee. The fees shall be paid in advance and
13 shall be as follows:
14 (a) Civil Cases.
15 The fee for filing a complaint, petition, or other
16 pleading initiating a civil action, with the following
17 exceptions, shall be a minimum of $190 and a maximum of
18 $240.
19 (A) When the amount of money or damages or the
20 value of personal property claimed does not exceed
21 $250, a minimum of $15 and a maximum of $22.
22 (B) When that amount exceeds $250 but does not
23 exceed $1000, a minimum of $40 and a maximum of $75.
24 (C) When that amount exceeds $1000 but does
25 not exceed $2500, a minimum of $50 and a maximum of
26 $80.
27 (D) When that amount exceeds $2500 but does
28 not exceed $5000, a minimum of $100 and a maximum of
29 $130.
30 (E) When that amount exceeds $5000 but does
31 not exceed $15,000, $150.
32 (F) For the exercise of eminent domain, $150.
33 For each additional lot or tract of land or right or
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1 interest therein subject to be condemned, the
2 damages in respect to which shall require separate
3 assessment by a jury, $150.
4 (G) For the final determination of parking,
5 standing, and compliance violations and final
6 administrative decisions issued after hearings
7 regarding vehicle immobilization and impoundment
8 made pursuant to Sections 3-704.1, 6-306.5, and
9 11-208.3 of the Illinois Vehicle Code, $25.
10 (b) Forcible Entry and Detainer.
11 In each forcible entry and detainer case when the
12 plaintiff seeks possession only or unites with his or her
13 claim for possession of the property a claim for rent or
14 damages or both in the amount of $15,000 or less, a
15 minimum of $75 and a maximum of $140. When the plaintiff
16 unites his or her claim for possession with a claim for
17 rent or damages or both exceeding $15,000, a minimum of
18 $225 and a maximum of $335.
19 (c) Counterclaim or Joining Third Party Defendant.
20 When any defendant files a counterclaim as part of
21 his or her answer or otherwise or joins another party as
22 a third party defendant, or both, the defendant shall pay
23 a fee for each counterclaim or third party action in an
24 amount equal to the fee he or she would have had to pay
25 had he or she brought a separate action for the relief
26 sought in the counterclaim or against the third party
27 defendant, less the amount of the appearance fee, if that
28 has been paid.
29 (d) Confession of Judgment.
30 In a confession of judgment when the amount does not
31 exceed $1500, a minimum of $60 and a maximum of $70.
32 When the amount exceeds $1500, but does not exceed $5000,
33 a minimum of $75 and a maximum of $150. When the amount
34 exceeds $5000, but does not exceed $15,000, a minimum of
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1 $175 and a maximum of $260. When the amount exceeds
2 $15,000, a minimum of $250 and a maximum of $310.
3 (e) Appearance.
4 The fee for filing an appearance in each civil case
5 shall be a minimum of $75 and a maximum of $110, except
6 as follows:
7 (A) When the plaintiff in a forcible entry and
8 detainer case seeks possession only, a minimum of
9 $40 and a maximum of $80.
10 (B) When the amount in the case does not
11 exceed $1500, a minimum of $40 and a maximum of $80.
12 (C) When that amount exceeds $1500 but does
13 not exceed $15,000, a minimum of $60 and a maximum
14 of $90.
15 (f) Garnishment, Wage Deduction, and Citation.
16 In garnishment affidavit, wage deduction affidavit,
17 and citation petition when the amount does not exceed
18 $1,000, a minimum of $15 and a maximum of $25; when the
19 amount exceeds $1,000 but does not exceed $5,000, a
20 minimum of $30 and a maximum of $45; and when the amount
21 exceeds $5,000, a minimum of $50 and a maximum of $80.
22 (g) Petition to Vacate or Modify.
23 (1) Petition to vacate or modify any final judgment
24 or order of court, except in forcible entry and detainer
25 cases and small claims cases or a petition to reopen an
26 estate, to modify, terminate, or enforce a judgment or
27 order for child or spousal support, or to modify,
28 suspend, or terminate an order for withholding, if filed
29 before 30 days after the entry of the judgment or order,
30 a minimum of $50 and a maximum of $60.
31 (2) Petition to vacate or modify any final judgment
32 or order of court, except a petition to modify,
33 terminate, or enforce a judgment or order for child or
34 spousal support or to modify, suspend, or terminate an
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1 order for withholding, if filed later than 30 days after
2 the entry of the judgment or order, a minimum of $75 and
3 a maximum of $90.
4 (3) Petition to vacate order of bond forfeiture, a
5 minimum of $40 and a maximum of $80.
6 (h) Mailing.
7 When the clerk is required to mail, the fee will be
8 a minimum of $10 and a maximum of $15, plus the cost of
9 postage.
10 (i) Certified Copies.
11 Each certified copy of a judgment after the first,
12 except in small claims and forcible entry and detainer
13 cases, a minimum of $15 and a maximum of $20.
14 (j) Habeas Corpus.
15 For filing a petition for relief by habeas corpus, a
16 minimum of $125 and a maximum of $190.
17 (k) Certification, Authentication, and Reproduction.
18 (1) Each certification or authentication for taking
19 the acknowledgment of a deed or other instrument in
20 writing with the seal of office, a minimum of $6 and a
21 maximum of $9.
22 (2) Court appeals when original documents are
23 forwarded, under 100 pages, plus delivery and costs, a
24 minimum of $75 and a maximum of $110.
25 (3) Court appeals when original documents are
26 forwarded, over 100 pages, plus delivery and costs, a
27 minimum of $150 and a maximum of $185.
28 (4) Court appeals when original documents are
29 forwarded, over 200 pages, an additional fee of a minimum
30 of 25 and a maximum of 30 cents per page.
31 (5) For reproduction of any document contained in
32 the clerk's files:
33 (A) First page, $2.
34 (B) Next 19 pages, 50 cents per page.
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1 (C) All remaining pages, 25 cents per page.
2 (l) Remands.
3 In any cases remanded to the Circuit Court from the
4 Supreme Court or the Appellate Court for a new trial, the
5 clerk shall file the remanding order and reinstate the
6 case with either its original number or a new number.
7 The Clerk shall not charge any new or additional fee for
8 the reinstatement. Upon reinstatement the Clerk shall
9 advise the parties of the reinstatement. A party shall
10 have the same right to a jury trial on remand and
11 reinstatement as he or she had before the appeal, and no
12 additional or new fee or charge shall be made for a jury
13 trial after remand.
14 (m) Record Search.
15 For each record search, within a division or
16 municipal district, the clerk shall be entitled to a
17 search fee of a minimum of $6 and a maximum of $9 for
18 each year searched.
19 (n) Hard Copy.
20 For each page of hard copy print output, when case
21 records are maintained on an automated medium, the clerk
22 shall be entitled to a fee of a minimum of $6 and a
23 maximum of $9.
24 (o) Index Inquiry and Other Records.
25 No fee shall be charged for a single
26 plaintiff/defendant index inquiry or single case record
27 inquiry when this request is made in person and the
28 records are maintained in a current automated medium, and
29 when no hard copy print output is requested. The fees to
30 be charged for management records, multiple case records,
31 and multiple journal records may be specified by the
32 Chief Judge pursuant to the guidelines for access and
33 dissemination of information approved by the Supreme
34 Court.
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1 (p) Commitment Petitions.
2 For filing commitment petitions under the Mental
3 Health and Developmental Disabilities Code, a minimum of
4 $50 and a maximum of $100.
5 (q) Alias Summons.
6 For each alias summons or citation issued by the
7 clerk, a minimum of $5 and a maximum of $6.
8 (r) Other Fees.
9 Any fees not covered in this Section shall be set by
10 rule or administrative order of the Circuit Court with
11 the approval of the Administrative Office of the Illinois
12 Courts.
13 The clerk of the circuit court may provide
14 additional services for which there is no fee specified
15 by statute in connection with the operation of the
16 clerk's office as may be requested by the public and
17 agreed to by the clerk and approved by the chief judge of
18 the circuit court. Any charges for additional services
19 shall be as agreed to between the clerk and the party
20 making the request and approved by the chief judge of the
21 circuit court. Nothing in this subsection shall be
22 construed to require any clerk to provide any service not
23 otherwise required by law.
24 (s) Jury Services.
25 The clerk shall be entitled to receive, in addition
26 to other fees allowed by law, the sum of a minimum of
27 $212.50 and maximum of $230, as a fee for the services of
28 a jury in every civil action not quasi-criminal in its
29 nature and not a proceeding for the exercise of the right
30 of eminent domain and in every other action wherein the
31 right of trial by jury is or may be given by law. The
32 jury fee shall be paid by the party demanding a jury at
33 the time of filing the jury demand. If the fee is not
34 paid by either party, no jury shall be called in the
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1 action or proceeding, and the same shall be tried by the
2 court without a jury.
3 (t) Voluntary Assignment.
4 For filing each deed of voluntary assignment, a
5 minimum of $20 and a maximum of $40; for recording the
6 same, a minimum of 50¢ and a maximum of $0.80 for each
7 100 words. Exceptions filed to claims presented to an
8 assignee of a debtor who has made a voluntary assignment
9 for the benefit of creditors shall be considered and
10 treated, for the purpose of taxing costs therein, as
11 actions in which the party or parties filing the
12 exceptions shall be considered as party or parties
13 plaintiff, and the claimant or claimants as party or
14 parties defendant, and those parties respectively shall
15 pay to the clerk the same fees as provided by this
16 Section to be paid in other actions.
17 (u) Expungement Petition.
18 The clerk shall be entitled to receive a fee of a
19 minimum of $60 and a maximum of $120 for each expungement
20 petition filed and an additional fee of a minimum of $4
21 and a maximum of $8 for each certified copy of an order
22 to expunge arrest records.
23 (v) Probate.
24 The clerk is entitled to receive the fees specified in
25 this subsection (v), which shall be paid in advance, except
26 that, for good cause shown, the court may suspend, reduce, or
27 release the costs payable under this subsection:
28 (1) For administration of the estate of a decedent
29 (whether testate or intestate) or of a missing person, a
30 minimum of $150 and a maximum of $225, plus the fees
31 specified in subsection (v)(3), except:
32 (A) When the value of the real and personal
33 property does not exceed $15,000, the fee shall be a
34 minimum of $40 and a maximum of $65.
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1 (B) When (i) proof of heirship alone is made,
2 (ii) a domestic or foreign will is admitted to
3 probate without administration (including proof of
4 heirship), or (iii) letters of office are issued for
5 a particular purpose without administration of the
6 estate, the fee shall be a minimum of $40 and a
7 maximum of $65.
8 (2) For administration of the estate of a ward, a
9 minimum of $75 and a maximum of $110, plus the fees
10 specified in subsection (v)(3), except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be a
13 minimum of $40 and a maximum of $65.
14 (B) When (i) letters of office are issued to a
15 guardian of the person or persons, but not of the
16 estate or (ii) letters of office are issued in the
17 estate of a ward without administration of the
18 estate, including filing or joining in the filing of
19 a tax return or releasing a mortgage or consenting
20 to the marriage of the ward, the fee shall be a
21 minimum of $20 and a maximum of $40.
22 (3) In addition to the fees payable under
23 subsection (v)(1) or (v)(2) of this Section, the
24 following fees are payable:
25 (A) For each account (other than one final
26 account) filed in the estate of a decedent, or ward,
27 a minimum of $25 and a maximum of $40.
28 (B) For filing a claim in an estate when the
29 amount claimed is $150 or more but less than $500, a
30 minimum of $20 and a maximum of $40; when the amount
31 claimed is $500 or more but less than $10,000, a
32 minimum of $40 and a maximum of $65; when the amount
33 claimed is $10,000 or more, a minimum of $60 and a
34 maximum of $90; provided that the court in allowing
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1 a claim may add to the amount allowed the filing fee
2 paid by the claimant.
3 (C) For filing in an estate a claim, petition,
4 or supplemental proceeding based upon an action
5 seeking equitable relief including the construction
6 or contest of a will, enforcement of a contract to
7 make a will, and proceedings involving testamentary
8 trusts or the appointment of testamentary trustees,
9 a minimum of $60 and a maximum of $90.
10 (D) For filing in an estate (i) the appearance
11 of any person for the purpose of consent or (ii) the
12 appearance of an executor, administrator,
13 administrator to collect, guardian, guardian ad
14 litem, or special administrator, no fee.
15 (E) Except as provided in subsection
16 (v)(3)(D), for filing the appearance of any person
17 or persons, a minimum of $30 and a maximum of $90.
18 (F) For each jury demand, a minimum of $137.50
19 and a maximum of $180.
20 (G) For disposition of the collection of a
21 judgment or settlement of an action or claim for
22 wrongful death of a decedent or of any cause of
23 action of a ward, when there is no other
24 administration of the estate, a minimum of $50 and a
25 maximum of $80, less any amount paid under
26 subsection (v)(1)(B) or (v)(2)(B) except that if the
27 amount involved does not exceed $5,000, the fee,
28 including any amount paid under subsection (v)(1)(B)
29 or (v)(2)(B), shall be a minimum of $20 and a
30 maximum of $40.
31 (H) For each certified copy of letters of
32 office, of court order or other certification, a
33 minimum of $2 and a maximum of $4, plus $1 per page
34 in excess of 3 pages for the document certified.
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1 (I) For each exemplification, $2, plus the fee
2 for certification.
3 (4) The executor, administrator, guardian,
4 petitioner, or other interested person or his or her
5 attorney shall pay the cost of publication by the clerk
6 directly to the newspaper.
7 (5) The person on whose behalf a charge is incurred
8 for witness, court reporter, appraiser, or other
9 miscellaneous fee shall pay the same directly to the
10 person entitled thereto.
11 (6) The executor, administrator, guardian,
12 petitioner, or other interested person or his or her
13 attorney shall pay to the clerk all postage charges
14 incurred by the clerk in mailing petitions, orders,
15 notices, or other documents pursuant to the provisions of
16 the Probate Act of 1975.
17 (w) Criminal and Quasi-Criminal Costs and Fees.
18 (1) The clerk shall be entitled to costs in all
19 criminal and quasi-criminal cases from each person
20 convicted or sentenced to supervision therein as follows:
21 (A) Felony complaints, a minimum of $125 and a
22 maximum of $190.
23 (B) Misdemeanor complaints, a minimum of $75
24 and a maximum of $110.
25 (C) Business offense complaints, a minimum of
26 $75 and a maximum of $110.
27 (D) Petty offense complaints, a minimum of $75
28 and a maximum of $110.
29 (E) Minor traffic or ordinance violations,
30 $30.
31 (F) When court appearance required, $50.
32 (G) Motions to vacate or amend final orders, a
33 minimum of $40 and a maximum of $80.
34 (H) Motions to vacate bond forfeiture orders,
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1 a minimum of $30 and a maximum of $45.
2 (I) Motions to vacate ex parte judgments,
3 whenever filed, a minimum of $30 and a maximum of
4 $45.
5 (J) Motions to vacate judgment on forfeitures,
6 whenever filed, a minimum of $25 and a maximum of
7 $30.
8 (K) Motions to vacate "failure to appear" or
9 "failure to comply" notices sent to the Secretary of
10 State, a minimum of $40 and a maximum of $50.
11 (2) In counties having a population of 3,000,000 or
12 more, when the violation complaint is issued by a
13 municipal police department, the clerk shall be entitled
14 to costs from each person convicted therein as follows:
15 (A) Minor traffic or ordinance violations, a
16 minimum of $30 and a maximum of $90.
17 (B) When court appearance required, a minimum
18 of $50 and a maximum of $150.
19 (3) In ordinance violation cases punishable by fine
20 only, the clerk of the circuit court shall be entitled to
21 receive, unless the fee is excused upon a finding by the
22 court that the defendant is indigent, in addition to
23 other fees or costs allowed or imposed by law, the sum of
24 a minimum of $112.50 and a maximum of $250 as a fee for
25 the services of a jury. The jury fee shall be paid by
26 the defendant at the time of filing his or her jury
27 demand. If the fee is not so paid by the defendant, no
28 jury shall be called, and the case shall be tried by the
29 court without a jury.
30 (x) Transcripts of Judgment.
31 For the filing of a transcript of judgment, the
32 clerk shall be entitled to the same fee as if it were the
33 commencement of a new suit.
34 (y) Change of Venue.
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1 (1) For the filing of a change of case on a change
2 of venue, the clerk shall be entitled to the same fee as
3 if it were the commencement of a new suit.
4 (2) The fee for the preparation and certification
5 of a record on a change of venue to another jurisdiction,
6 when original documents are forwarded, a minimum of $40
7 and a maximum of $65.
8 (z) Tax objection complaints.
9 For each tax objection complaint containing one or
10 more tax objections, regardless of the number of parcels
11 involved or the number of taxpayers joining in the
12 complaint, a minimum of $50 and a maximum of $100.
13 (aa) Tax Deeds.
14 (1) Petition for tax deed, if only one parcel is
15 involved, a minimum of $250 and a maximum of $400.
16 (2) For each additional parcel, add a fee of a
17 minimum of $100 and a maximum of $200.
18 (bb) Collections.
19 (1) For all collections made of others, except the
20 State and county and except in maintenance or child
21 support cases, a sum equal to 3.0% of the amount
22 collected and turned over.
23 (2) Interest earned on any funds held by the clerk
24 shall be turned over to the county general fund as an
25 earning of the office.
26 (3) For any check, draft, or other bank instrument
27 returned to the clerk for non-sufficient funds, account
28 closed, or payment stopped, $25.
29 (4) In child support and maintenance cases, the
30 clerk, if authorized by an ordinance of the county board,
31 may collect an annual fee of up to $36 from the person
32 making payment for maintaining child support records and
33 the processing of support orders to the State of Illinois
34 KIDS system and the recording of payments issued by the
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1 State Disbursement Unit for the official record of the
2 Court. This fee shall be in addition to and separate
3 from amounts ordered to be paid as maintenance or child
4 support and shall be deposited into a Separate
5 Maintenance and Child Support Collection Fund, of which
6 the clerk shall be the custodian, ex-officio, to be used
7 by the clerk to maintain child support orders and record
8 all payments issued by the State Disbursement Unit for
9 the official record of the Court. The clerk may recover
10 from the person making the maintenance or child support
11 payment any additional cost incurred in the collection of
12 this annual fee.
13 The clerk shall also be entitled to a fee of $5 for
14 certifications made to the Secretary of State as provided
15 in Section 7-703 of the Family Financial Responsibility
16 Law and these fees shall also be deposited into the
17 Separate Maintenance and Child Support Collection Fund.
18 (cc) Corrections of Numbers.
19 For correction of the case number, case title, or
20 attorney computer identification number, if required by
21 rule of court, on any document filed in the clerk's
22 office, to be charged against the party that filed the
23 document, a minimum of $25 and a maximum of $40.
24 (dd) Exceptions.
25 (1) The fee requirements of this Section shall not
26 apply to police departments or other law enforcement
27 agencies. In this Section, "law enforcement agency"
28 means an agency of the State or a unit of local
29 government which is vested by law or ordinance with the
30 duty to maintain public order and to enforce criminal
31 laws or ordinances. "Law enforcement agency" also means
32 the Attorney General or any state's attorney.
33 (2) No fee provided herein shall be charged to any
34 unit of local government or school district. The fee
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1 requirements of this Section shall not apply to any
2 action instituted under subsection (b) of Section 11-31-1
3 of the Illinois Municipal Code by a private owner or
4 tenant of real property within 1200 feet of a dangerous
5 or unsafe building seeking an order compelling the owner
6 or owners of the building to take any of the actions
7 authorized under that subsection.
8 (ee) Adoption.
9 (1) For an adoption.............................$65
10 (2) Upon good cause shown, the court may waive the
11 adoption filing fee in a special needs adoption. The
12 term "special needs adoption" shall have the meaning
13 ascribed to it by the Illinois Department of Children and
14 Family Services.
15 (ff) Adoption exemptions.
16 No fee other than that set forth in subsection (ee)
17 shall be charged to any person in connection with an
18 adoption proceeding.
19 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
20 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff.
21 6-13-00.)
22 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
23 Sec. 27.5. All fees, fines, costs, additional penalties,
24 bail balances assessed or forfeited, and any other amount
25 paid by a person to the circuit clerk that equals an amount
26 less than $55, except restitution under Section 5-5-6 of the
27 Unified Code of Corrections, reimbursement for the costs of
28 an emergency response as provided under Section 5-5-3 of the
29 Unified Code of Corrections, any fees collected for attending
30 a traffic safety program under paragraph (c) of Supreme Court
31 Rule 529, any fee collected on behalf of a State's Attorney
32 under Section 4-2002 of the Counties Code or a sheriff under
33 Section 4-5001 of the Counties Code, or any cost imposed
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1 under Section 124A-5 of the Code of Criminal Procedure of
2 1963, for convictions, orders of supervision, or any other
3 disposition for a violation of Chapters 3, 4, 6, 11, and 12
4 of the Illinois Vehicle Code, or a similar provision of a
5 local ordinance, and any violation of the Child Passenger
6 Protection Act, or a similar provision of a local ordinance,
7 fees collected for electronic monitoring, drug or alcohol
8 testing and screening, probation fees authorized under
9 Section 5-6-3 of the Unified Code of Corrections, and
10 supervision fees authorized under Section 5-6-3.1 of the
11 Unified Code of Corrections, shall be disbursed within 60
12 days after receipt by the circuit clerk as follows: 47%
13 shall be disbursed to the entity authorized by law to receive
14 the fine imposed in the case; 12% shall be disbursed to the
15 State Treasurer; and 41% shall be disbursed to the county's
16 general corporate fund. Of the 12% disbursed to the State
17 Treasurer, 1/6 shall be deposited by the State Treasurer into
18 the Violent Crime Victims Assistance Fund, 1/2 shall be
19 deposited into the Traffic and Criminal Conviction Surcharge
20 Fund, and 1/3 shall be deposited into the Drivers Education
21 Fund. For fiscal years 1992 and 1993, amounts deposited into
22 the Violent Crime Victims Assistance Fund, the Traffic and
23 Criminal Conviction Surcharge Fund, or the Drivers Education
24 Fund shall not exceed 110% of the amounts deposited into
25 those funds in fiscal year 1991. Any amount that exceeds the
26 110% limit shall be distributed as follows: 50% shall be
27 disbursed to the county's general corporate fund and 50%
28 shall be disbursed to the entity authorized by law to receive
29 the fine imposed in the case. Not later than March 1 of each
30 year the circuit clerk shall submit a report of the amount of
31 funds remitted to the State Treasurer under this Section
32 during the preceding year based upon independent verification
33 of fines and fees. All counties shall be subject to this
34 Section, except that counties with a population under
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1 2,000,000 may, by ordinance, elect not to be subject to this
2 Section. For offenses subject to this Section, judges shall
3 impose one total sum of money payable for violations. The
4 circuit clerk may add on no additional amounts except for
5 amounts that are required by Sections 27.3a and 27.3c of this
6 Act, unless those amounts are specifically waived by the
7 judge. With respect to money collected by the circuit clerk
8 as a result of forfeiture of bail, ex parte judgment or
9 guilty plea pursuant to Supreme Court Rule 529, the circuit
10 clerk shall first deduct and pay amounts required by Sections
11 27.3a and 27.3c of this Act. This Section is a denial and
12 limitation of home rule powers and functions under subsection
13 (h) of Section 6 of Article VII of the Illinois Constitution.
14 (Source: P.A. 89-234, eff. 1-1-96.)
15 (705 ILCS 105/27.6)
16 Sec. 27.6. (a) All fees, fines, costs, additional
17 penalties, bail balances assessed or forfeited, and any other
18 amount paid by a person to the circuit clerk equalling an
19 amount of $55 or more, except the additional fee required by
20 subsections (b) and (c), restitution under Section 5-5-6 of
21 the Unified Code of Corrections, reimbursement for the costs
22 of an emergency response as provided under Section 5-5-3 of
23 the Unified Code of Corrections, any fees collected for
24 attending a traffic safety program under paragraph (c) of
25 Supreme Court Rule 529, any fee collected on behalf of a
26 State's Attorney under Section 4-2002 of the Counties Code or
27 a sheriff under Section 4-5001 of the Counties Code, or any
28 cost imposed under Section 124A-5 of the Code of Criminal
29 Procedure of 1963, for convictions, orders of supervision, or
30 any other disposition for a violation of Chapters 3, 4, 6,
31 11, and 12 of the Illinois Vehicle Code, or a similar
32 provision of a local ordinance, and any violation of the
33 Child Passenger Protection Act, or a similar provision of a
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1 local ordinance, fees collected for electronic monitoring,
2 drug or alcohol testing and screening, probation fees
3 authorized under Section 5-6-3 of the Unified Code of
4 Corrections, and supervision fees authorized under Section
5 5-6-3.1 of the Unified Code of Corrections, shall be
6 disbursed within 60 days after receipt by the circuit clerk
7 as follows: 44.5% shall be disbursed to the entity
8 authorized by law to receive the fine imposed in the case;
9 16.825% shall be disbursed to the State Treasurer; and
10 38.675% shall be disbursed to the county's general corporate
11 fund. Of the 16.825% disbursed to the State Treasurer, 2/17
12 shall be deposited by the State Treasurer into the Violent
13 Crime Victims Assistance Fund, 5.052/17 shall be deposited
14 into the Traffic and Criminal Conviction Surcharge Fund, 3/17
15 shall be deposited into the Drivers Education Fund, and
16 6.948/17 shall be deposited into the Trauma Center Fund. Of
17 the 6.948/17 deposited into the Trauma Center Fund from the
18 16.825% disbursed to the State Treasurer, 50% shall be
19 disbursed to the Department of Public Health and 50% shall be
20 disbursed to the Department of Public Aid. For fiscal year
21 1993, amounts deposited into the Violent Crime Victims
22 Assistance Fund, the Traffic and Criminal Conviction
23 Surcharge Fund, or the Drivers Education Fund shall not
24 exceed 110% of the amounts deposited into those funds in
25 fiscal year 1991. Any amount that exceeds the 110% limit
26 shall be distributed as follows: 50% shall be disbursed to
27 the county's general corporate fund and 50% shall be
28 disbursed to the entity authorized by law to receive the fine
29 imposed in the case. Not later than March 1 of each year the
30 circuit clerk shall submit a report of the amount of funds
31 remitted to the State Treasurer under this Section during the
32 preceding year based upon independent verification of fines
33 and fees. All counties shall be subject to this Section,
34 except that counties with a population under 2,000,000 may,
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1 by ordinance, elect not to be subject to this Section. For
2 offenses subject to this Section, judges shall impose one
3 total sum of money payable for violations. The circuit clerk
4 may add on no additional amounts except for amounts that are
5 required by Sections 27.3a and 27.3c of this Act, unless
6 those amounts are specifically waived by the judge. With
7 respect to money collected by the circuit clerk as a result
8 of forfeiture of bail, ex parte judgment or guilty plea
9 pursuant to Supreme Court Rule 529, the circuit clerk shall
10 first deduct and pay amounts required by Sections 27.3a and
11 27.3c of this Act. This Section is a denial and limitation of
12 home rule powers and functions under subsection (h) of
13 Section 6 of Article VII of the Illinois Constitution.
14 (b) In addition to any other fines and court costs
15 assessed by the courts, any person convicted or receiving an
16 order of supervision for driving under the influence of
17 alcohol or drugs shall pay an additional fee of $25 to the
18 clerk of the circuit court. This amount, less 2 1/2% that
19 shall be used to defray administrative costs incurred by the
20 clerk, shall be remitted by the clerk to the Treasurer within
21 60 days after receipt for deposit into the Trauma Center
22 Fund. This additional fee of $25 shall not be considered a
23 part of the fine for purposes of any reduction in the fine
24 for time served either before or after sentencing. Not later
25 than March 1 of each year the Circuit Clerk shall submit a
26 report of the amount of funds remitted to the State Treasurer
27 under this subsection during the preceding calendar year.
28 (c) In addition to any other fines and court costs
29 assessed by the courts, any person convicted for a violation
30 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
31 1961 or a person sentenced for a violation of the Cannabis
32 Control Act or the Controlled Substance Act shall pay an
33 additional fee of $100 to the clerk of the circuit court.
34 This amount, less 2 1/2% that shall be used to defray
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1 administrative costs incurred by the clerk, shall be remitted
2 by the clerk to the Treasurer within 60 days after receipt
3 for deposit into the Trauma Center Fund. This additional fee
4 of $100 shall not be considered a part of the fine for
5 purposes of any reduction in the fine for time served either
6 before or after sentencing. Not later than March 1 of each
7 year the Circuit Clerk shall submit a report of the amount of
8 funds remitted to the State Treasurer under this subsection
9 during the preceding calendar year.
10 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96;
11 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act
14 by text that is not yet or no longer in effect, the use of
15 that text does not accelerate or delay the taking effect of
16 (i) the changes made by this Act or (ii) provisions derived
17 from any other Public Act.
18 Section 99. Effective date. This Act takes effect on
19 July 1, 2001.".