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Rep. Robert "Bob" Rita
Filed: 5/19/2023
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1 | | AMENDMENT TO SENATE BILL 89
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2 | | AMENDMENT NO. ______. Amend Senate Bill 89, AS AMENDED, |
3 | | with reference to page and line numbers of House Amendment No. |
4 | | 2, on page 29, by replacing lines 14 through 16, with the |
5 | | following:
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6 | | "Section 12. The Clerks of Courts Act is amended by |
7 | | changing Section 27.1b as follows:
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8 | | (705 ILCS 105/27.1b) |
9 | | (Section scheduled to be repealed on January 1, 2024) |
10 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any |
11 | | other provision of law, all fees charged by the clerks of the |
12 | | circuit court for the services described in this Section shall |
13 | | be established, collected, and disbursed in accordance with |
14 | | this Section. Except as otherwise specified in this Section, |
15 | | all fees under this Section shall be paid in advance and |
16 | | disbursed by each clerk on a monthly basis. In a county with a |
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1 | | population of over 3,000,000, units of local government and |
2 | | school districts shall not be required to pay fees under this |
3 | | Section in advance and the clerk shall instead send an |
4 | | itemized bill to the unit of local government or school |
5 | | district, within 30 days of the fee being incurred, and the |
6 | | unit of local government or school district shall be allowed |
7 | | at least 30 days from the date of the itemized bill to pay; |
8 | | these payments shall be disbursed by each clerk on a monthly |
9 | | basis. Unless otherwise specified in this Section, the amount |
10 | | of a fee shall be determined by ordinance or resolution of the |
11 | | county board and remitted to the county treasurer to be used |
12 | | for purposes related to the operation of the court system in |
13 | | the county. In a county with a population of over 3,000,000, |
14 | | any amount retained by the clerk of the circuit court or |
15 | | remitted to the county treasurer shall be subject to |
16 | | appropriation by the county board. |
17 | | (a) Civil cases. The fee for filing a complaint, petition, |
18 | | or other pleading initiating a civil action shall be as set |
19 | | forth in the applicable schedule under this subsection in |
20 | | accordance with case categories established by the Supreme |
21 | | Court in schedules. |
22 | | (1) SCHEDULE 1: not to exceed a total of $366 in a |
23 | | county with a population of 3,000,000 or more and not to |
24 | | exceed $316 in any other county, except as applied to |
25 | | units of local government and school districts in counties |
26 | | with more than 3,000,000 inhabitants an amount not to |
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1 | | exceed $190 through December 31, 2021 and $184 on and |
2 | | after January 1, 2022. The fees collected under this |
3 | | schedule shall be disbursed as follows: |
4 | | (A) The clerk shall retain a sum, in an amount not |
5 | | to exceed $55 in a county with a population of |
6 | | 3,000,000 or more and in an amount not to exceed $45 in |
7 | | any other county determined by the clerk with the |
8 | | approval of the Supreme Court, to be used for court |
9 | | automation, court document storage, and administrative |
10 | | purposes. |
11 | | (B) The clerk shall remit up to $21 to the State |
12 | | Treasurer. The State Treasurer shall deposit the |
13 | | appropriate amounts, in accordance with the clerk's |
14 | | instructions, as follows: |
15 | | (i) up to $10, as specified by the Supreme |
16 | | Court in accordance with Part 10A of Article II of |
17 | | the Code of Civil Procedure, into the Mandatory |
18 | | Arbitration Fund; |
19 | | (ii) $2 into the Access to Justice Fund; and |
20 | | (iii) $9 into the Supreme Court Special |
21 | | Purposes Fund. |
22 | | (C) The clerk shall remit a sum to the County |
23 | | Treasurer, in an amount not to exceed $290 in a county |
24 | | with a population of 3,000,000 or more and in an amount |
25 | | not to exceed $250 in any other county, as specified by |
26 | | ordinance or resolution passed by the county board, |
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1 | | for purposes related to the operation of the court |
2 | | system in the county. |
3 | | (2) SCHEDULE 2: not to exceed a total of $357 in a |
4 | | county with a population of 3,000,000 or more and not to |
5 | | exceed $266 in any other county, except as applied to |
6 | | units of local government and school districts in counties |
7 | | with more than 3,000,000 inhabitants an amount not to |
8 | | exceed $190 through December 31, 2021 and $184 on and |
9 | | after January 1, 2022. The fees collected under this |
10 | | schedule shall be disbursed as follows: |
11 | | (A) The clerk shall retain a sum, in an amount not |
12 | | to exceed $55 in a county with a population of |
13 | | 3,000,000 or more and in an amount not to exceed $45 in |
14 | | any other county determined by the clerk with the |
15 | | approval of the Supreme Court, to be used for court |
16 | | automation, court document storage, and administrative |
17 | | purposes. |
18 | | (B) The clerk shall remit up to $21 to the State |
19 | | Treasurer. The State Treasurer shall deposit the |
20 | | appropriate amounts, in accordance with the clerk's |
21 | | instructions, as follows: |
22 | | (i) up to $10, as specified by the Supreme |
23 | | Court in accordance with Part 10A of Article II of |
24 | | the Code of Civil Procedure, into the Mandatory |
25 | | Arbitration Fund; |
26 | | (ii) $2 into the Access to Justice Fund: and |
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1 | | (iii) $9 into the Supreme Court Special |
2 | | Purposes Fund. |
3 | | (C) The clerk shall remit a sum to the County |
4 | | Treasurer, in an amount not to exceed $281 in a county |
5 | | with a population of 3,000,000 or more and in an amount |
6 | | not to exceed $200 in any other county, as specified by |
7 | | ordinance or resolution passed by the county board, |
8 | | for purposes related to the operation of the court |
9 | | system in the county. |
10 | | (3) SCHEDULE 3: not to exceed a total of $265 in a |
11 | | county with a population of 3,000,000 or more and not to |
12 | | exceed $89 in any other county, except as applied to units |
13 | | of local government and school districts in counties with |
14 | | more than 3,000,000 inhabitants an amount not to exceed |
15 | | $190 through December 31, 2021 and $184 on and after |
16 | | January 1, 2022. The fees collected under this schedule |
17 | | shall be disbursed as follows: |
18 | | (A) The clerk shall retain a sum, in an amount not |
19 | | to exceed $55 in a county with a population of |
20 | | 3,000,000 or more and in an amount not to exceed $22 in |
21 | | any other county determined by the clerk with the |
22 | | approval of the Supreme Court, to be used for court |
23 | | automation, court document storage, and administrative |
24 | | purposes. |
25 | | (B) The clerk shall remit $11 to the State |
26 | | Treasurer. The State Treasurer shall deposit the |
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1 | | appropriate amounts in accordance with the clerk's |
2 | | instructions, as follows: |
3 | | (i) $2 into the Access to Justice Fund; and |
4 | | (ii) $9 into the Supreme Court Special |
5 | | Purposes Fund. |
6 | | (C) The clerk shall remit a sum to the County |
7 | | Treasurer, in an amount not to exceed $199 in a county |
8 | | with a population of 3,000,000 or more and in an amount |
9 | | not to exceed $56 in any other county, as specified by |
10 | | ordinance or resolution passed by the county board, |
11 | | for purposes related to the operation of the court |
12 | | system in the county. |
13 | | (4) SCHEDULE 4: $0. |
14 | | (b) Appearance. The fee for filing an appearance in a |
15 | | civil action, including a cannabis civil law action under the |
16 | | Cannabis Control Act, shall be as set forth in the applicable |
17 | | schedule under this subsection in accordance with case |
18 | | categories established by the Supreme Court in schedules. |
19 | | (1) SCHEDULE 1: not to exceed a total of $230 in a |
20 | | county with a population of 3,000,000 or more and not to |
21 | | exceed $191 in any other county, except as applied to |
22 | | units of local government and school districts in counties |
23 | | with more than 3,000,000 inhabitants an amount not to |
24 | | exceed $75. The fees collected under this schedule shall |
25 | | be disbursed as follows: |
26 | | (A) The clerk shall retain a sum, in an amount not |
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1 | | to exceed $50 in a county with a population of |
2 | | 3,000,000 or more and in an amount not to exceed $45 in |
3 | | any other county determined by the clerk with the |
4 | | approval of the Supreme Court, to be used for court |
5 | | automation, court document storage, and administrative |
6 | | purposes. |
7 | | (B) The clerk shall remit up to $21 to the State |
8 | | Treasurer. The State Treasurer shall deposit the |
9 | | appropriate amounts, in accordance with the clerk's |
10 | | instructions, as follows: |
11 | | (i) up to $10, as specified by the Supreme |
12 | | Court in accordance with Part 10A of Article II of |
13 | | the Code of Civil Procedure, into the Mandatory |
14 | | Arbitration Fund; |
15 | | (ii) $2 into the Access to Justice Fund; and |
16 | | (iii) $9 into the Supreme Court Special |
17 | | Purposes Fund. |
18 | | (C) The clerk shall remit a sum to the County |
19 | | Treasurer, in an amount not to exceed $159 in a county |
20 | | with a population of 3,000,000 or more and in an amount |
21 | | not to exceed $125 in any other county, as specified by |
22 | | ordinance or resolution passed by the county board, |
23 | | for purposes related to the operation of the court |
24 | | system in the county. |
25 | | (2) SCHEDULE 2: not to exceed a total of $130 in a |
26 | | county with a population of 3,000,000 or more and not to |
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1 | | exceed $109 in any other county, except as applied to |
2 | | units of local government and school districts in counties |
3 | | with more than 3,000,000 inhabitants an amount not to |
4 | | exceed $75. The fees collected under this schedule shall |
5 | | be disbursed as follows: |
6 | | (A) The clerk shall retain a sum, in an amount not |
7 | | to exceed $50 in a county with a population of |
8 | | 3,000,000 or more and in an amount not to exceed $10 in |
9 | | any other county determined by the clerk with the |
10 | | approval of the Supreme Court, to be used for court |
11 | | automation, court document storage, and administrative |
12 | | purposes. |
13 | | (B) The clerk shall remit $9 to the State |
14 | | Treasurer, which the State Treasurer shall deposit |
15 | | into the Supreme Court Special Purposes Fund. |
16 | | (C) The clerk shall remit a sum to the County |
17 | | Treasurer, in an amount not to exceed $71 in a county |
18 | | with a population of 3,000,000 or more and in an amount |
19 | | not to exceed $90 in any other county, as specified by |
20 | | ordinance or resolution passed by the county board, |
21 | | for purposes related to the operation of the court |
22 | | system in the county. |
23 | | (3) SCHEDULE 3: $0. |
24 | | (b-5) Kane County and Will County. In Kane County and Will |
25 | | County civil cases, there is an additional fee of up to $30 as |
26 | | set by the county board under Section 5-1101.3 of the Counties |
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1 | | Code to be paid by each party at the time of filing the first |
2 | | pleading, paper, or other appearance; provided that no |
3 | | additional fee shall be required if more than one party is |
4 | | represented in a single pleading, paper, or other appearance. |
5 | | Distribution of fees collected under this subsection (b-5) |
6 | | shall be as provided in Section 5-1101.3 of the Counties Code. |
7 | | (c) Counterclaim or third party complaint. When any |
8 | | defendant files a counterclaim or third party complaint, as |
9 | | part of the defendant's answer or otherwise, the defendant |
10 | | shall pay a filing fee for each counterclaim or third party |
11 | | complaint in an amount equal to the filing fee the defendant |
12 | | would have had to pay had the defendant brought a separate |
13 | | action for the relief sought in the counterclaim or third |
14 | | party complaint, less the amount of the appearance fee, if |
15 | | any, that the defendant has already paid in the action in which |
16 | | the counterclaim or third party complaint is filed. |
17 | | (d) Alias summons. The clerk shall collect a fee not to |
18 | | exceed $6 in a county with a population of 3,000,000 or more |
19 | | and not to exceed $5 in any other county for each alias summons |
20 | | or citation issued by the clerk, except as applied to units of |
21 | | local government and school districts in counties with more |
22 | | than 3,000,000 inhabitants an amount not to exceed $5 for each |
23 | | alias summons or citation issued by the clerk. |
24 | | (e) Jury services. The clerk shall collect, in addition to |
25 | | other fees allowed by law, a sum not to exceed $212.50, as a |
26 | | fee for the services of a jury in every civil action not |
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1 | | quasi-criminal in its nature and not a proceeding for the |
2 | | exercise of the right of eminent domain and in every other |
3 | | action wherein the right of trial by jury is or may be given by |
4 | | law. The jury fee shall be paid by the party demanding a jury |
5 | | at the time of filing the jury demand. If the fee is not paid |
6 | | by either party, no jury shall be called in the action or |
7 | | proceeding, and the action or proceeding shall be tried by the |
8 | | court without a jury. |
9 | | (f) Change of venue. In connection with a change of venue: |
10 | | (1) The clerk of the jurisdiction from which the case |
11 | | is transferred may charge a fee, not to exceed $40, for the |
12 | | preparation and certification of the record; and |
13 | | (2) The clerk of the jurisdiction to which the case is |
14 | | transferred may charge the same filing fee as if it were |
15 | | the commencement of a new suit. |
16 | | (g) Petition to vacate or modify. |
17 | | (1) In a proceeding involving a petition to vacate or |
18 | | modify any final judgment or order filed within 30 days |
19 | | after the judgment or order was entered, except for an |
20 | | eviction case, small claims case, petition to reopen an |
21 | | estate, petition to modify, terminate, or enforce a |
22 | | judgment or order for child or spousal support, or |
23 | | petition to modify, suspend, or terminate an order for |
24 | | withholding, the fee shall not exceed $60 in a county with |
25 | | a population of 3,000,000 or more and shall not exceed $50 |
26 | | in any other county, except as applied to units of local |
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1 | | government and school districts in counties with more than |
2 | | 3,000,000 inhabitants an amount not to exceed $50. |
3 | | (2) In a proceeding involving a petition to vacate or |
4 | | modify any final judgment or order filed more than 30 days |
5 | | after the judgment or order was entered, except for a |
6 | | petition to modify, terminate, or enforce a judgment or |
7 | | order for child or spousal support, or petition to modify, |
8 | | suspend, or terminate an order for withholding, the fee |
9 | | shall not exceed $75. |
10 | | (3) In a proceeding involving a motion to vacate or |
11 | | amend a final order, motion to vacate an ex parte |
12 | | judgment, judgment of forfeiture, or "failure to appear" |
13 | | or "failure to comply" notices sent to the Secretary of |
14 | | State, the fee shall equal $40. |
15 | | (h) Appeals preparation. The fee for preparation of a |
16 | | record on appeal shall be based on the number of pages, as |
17 | | follows: |
18 | | (1) if the record contains no more than 100 pages, the |
19 | | fee shall not exceed $70 in a county with a population of |
20 | | 3,000,000 or more and shall not exceed $50 in any other |
21 | | county; |
22 | | (2) if the record contains between 100 and 200 pages, |
23 | | the fee shall not exceed $100; and |
24 | | (3) if the record contains 200 or more pages, the |
25 | | clerk may collect an additional fee not to exceed 25 cents |
26 | | per page. |
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1 | | (i) Remands. In any cases remanded to the circuit court |
2 | | from the Supreme Court or the appellate court for a new trial, |
3 | | the clerk shall reinstate the case with either its original |
4 | | number or a new number. The clerk shall not charge any new or |
5 | | additional fee for the reinstatement. Upon reinstatement, the |
6 | | clerk shall advise the parties of the reinstatement. Parties |
7 | | shall have the same right to a jury trial on remand and |
8 | | reinstatement that they had before the appeal, and no |
9 | | additional or new fee or charge shall be made for a jury trial |
10 | | after remand. |
11 | | (j) Garnishment, wage deduction, and citation. In |
12 | | garnishment affidavit, wage deduction affidavit, and citation |
13 | | petition proceedings: |
14 | | (1) if the amount in controversy in the proceeding is |
15 | | not more than $1,000, the fee may not exceed $35 in a |
16 | | county with a population of 3,000,000 or more and may not |
17 | | exceed $15 in any other county, except as applied to units |
18 | | of local government and school districts in counties with |
19 | | more than 3,000,000 inhabitants an amount not to exceed |
20 | | $15; |
21 | | (2) if the amount in controversy in the proceeding is |
22 | | greater than $1,000 and not more than $5,000, the fee may |
23 | | not exceed $45 in a county with a population of 3,000,000 |
24 | | or more and may not exceed $30 in any other county, except |
25 | | as applied to units of local government and school |
26 | | districts in counties with more than 3,000,000 inhabitants |
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1 | | an amount not to exceed $30; and |
2 | | (3) if the amount in controversy in the proceeding is |
3 | | greater than $5,000, the fee may not exceed $65 in a county |
4 | | with a population of 3,000,000 or more and may not exceed |
5 | | $50 in any other county, except as applied to units of |
6 | | local government and school districts in counties with |
7 | | more than 3,000,000 inhabitants an amount not to exceed |
8 | | $50. |
9 | | (j-5) Debt collection. In any proceeding to collect a debt |
10 | | subject to the exception in item (ii) of subparagraph (A-5) of |
11 | | paragraph (1) of subsection (z) of this Section, the circuit |
12 | | court shall order and the clerk shall collect from each |
13 | | judgment debtor a fee of: |
14 | | (1) $35 if the amount in controversy in the proceeding |
15 | | is not more than $1,000; |
16 | | (2) $45 if the amount in controversy in the proceeding |
17 | | is greater than $1,000 and not more than $5,000; and |
18 | | (3) $65 if the amount in controversy in the proceeding |
19 | | is greater than $5,000. |
20 | | (k) Collections. |
21 | | (1) For all collections made of others, except the |
22 | | State and county and except in maintenance or child |
23 | | support cases, the clerk may collect a fee of up to 2.5% of |
24 | | the amount collected and turned over. |
25 | | (2) In child support and maintenance cases, the clerk |
26 | | may collect an annual fee of up to $36 from the person |
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1 | | making payment for maintaining child support records and |
2 | | the processing of support orders to the State of Illinois |
3 | | KIDS system and the recording of payments issued by the |
4 | | State Disbursement Unit for the official record of the |
5 | | Court. This fee is in addition to and separate from |
6 | | amounts ordered to be paid as maintenance or child support |
7 | | and shall be deposited into a Separate Maintenance and |
8 | | Child Support Collection Fund, of which the clerk shall be |
9 | | the custodian, ex officio, to be used by the clerk to |
10 | | maintain child support orders and record all payments |
11 | | issued by the State Disbursement Unit for the official |
12 | | record of the Court. The clerk may recover from the person |
13 | | making the maintenance or child support payment any |
14 | | additional cost incurred in the collection of this annual |
15 | | fee. |
16 | | (3) The clerk may collect a fee of $5 for |
17 | | certifications made to the Secretary of State as provided |
18 | | in Section 7-703 of the Illinois Vehicle Code, and this |
19 | | fee shall be deposited into the Separate Maintenance and |
20 | | Child Support Collection Fund. |
21 | | (4) In proceedings
to foreclose the lien of delinquent |
22 | | real estate taxes, State's Attorneys
shall receive a fee |
23 | | of 10%
of the total amount realized from the sale of real |
24 | | estate sold in the
proceedings. The clerk shall collect |
25 | | the fee from the total amount realized from
the sale of the |
26 | | real estate sold in the proceedings and remit to the |
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1 | | County Treasurer to be credited to the earnings of the |
2 | | Office of the State's Attorney. |
3 | | (l) Mailing. The fee for the clerk mailing documents shall |
4 | | not exceed $10 plus the cost of postage. |
5 | | (m) Certified copies. The fee for each certified copy of a |
6 | | judgment, after the first copy, shall not exceed $10. |
7 | | (n) Certification, authentication, and reproduction. |
8 | | (1) The fee for each certification or authentication |
9 | | for taking the acknowledgment of a deed or other |
10 | | instrument in writing with the seal of office shall not |
11 | | exceed $6. |
12 | | (2) The fee for reproduction of any document contained |
13 | | in the clerk's files shall not exceed: |
14 | | (A) $2 for the first page; |
15 | | (B) 50 cents per page for the next 19 pages; and |
16 | | (C) 25 cents per page for all additional pages. |
17 | | (o) Record search. For each record search, within a |
18 | | division or municipal district, the clerk may collect a search |
19 | | fee not to exceed $6 for each year searched. |
20 | | (p) Hard copy. For each page of hard copy print output, |
21 | | when case records are maintained on an automated medium, the |
22 | | clerk may collect a fee not to exceed $10 in a county with a |
23 | | population of 3,000,000 or more and not to exceed $6 in any |
24 | | other county, except as applied to units of local government |
25 | | and school districts in counties with more than 3,000,000 |
26 | | inhabitants an amount not to exceed $6. |
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1 | | (q) Index inquiry and other records. No fee shall be |
2 | | charged for a single plaintiff and defendant index inquiry or |
3 | | single case record inquiry when this request is made in person |
4 | | and the records are maintained in a current automated medium, |
5 | | and when no hard copy print output is requested. The fees to be |
6 | | charged for management records, multiple case records, and |
7 | | multiple journal records may be specified by the Chief Judge |
8 | | pursuant to the guidelines for access and dissemination of |
9 | | information approved by the Supreme Court. |
10 | | (r) Performing a marriage. There shall be a $10 fee for |
11 | | performing a marriage in court. |
12 | | (s) Voluntary assignment. For filing each deed of |
13 | | voluntary assignment, the clerk shall collect a fee not to |
14 | | exceed $20. For recording a deed of voluntary assignment, the |
15 | | clerk shall collect a fee not to exceed 50 cents for each 100 |
16 | | words. Exceptions filed to claims presented to an assignee of |
17 | | a debtor who has made a voluntary assignment for the benefit of |
18 | | creditors shall be considered and treated, for the purpose of |
19 | | taxing costs therein, as actions in which the party or parties |
20 | | filing the exceptions shall be considered as party or parties |
21 | | plaintiff, and the claimant or claimants as party or parties |
22 | | defendant, and those parties respectively shall pay to the |
23 | | clerk the same fees as provided by this Section to be paid in |
24 | | other actions. |
25 | | (t) Expungement petition. The clerk may collect a fee not |
26 | | to exceed $60 for each expungement petition filed and an |
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1 | | additional fee not to exceed $4 for each certified copy of an |
2 | | order to expunge arrest records. |
3 | | (u) Transcripts of judgment. For the filing of a |
4 | | transcript of judgment, the clerk may collect the same fee as |
5 | | if it were the commencement of a new suit. |
6 | | (v) Probate filings. |
7 | | (1) For each account (other than one final account) |
8 | | filed in the estate of a decedent, or ward, the fee shall |
9 | | not exceed $25. |
10 | | (2) For filing a claim in an estate when the amount |
11 | | claimed is greater than $150 and not more than $500, the |
12 | | fee shall not exceed $40 in a county with a population of |
13 | | 3,000,000 or more and shall not exceed $25 in any other |
14 | | county; when the amount claimed is greater than $500 and |
15 | | not more than $10,000, the fee shall not exceed $55 in a |
16 | | county with a population of 3,000,000 or more and shall |
17 | | not exceed $40 in any other county; and when the amount |
18 | | claimed is more than $10,000, the fee shall not exceed $75 |
19 | | in a county with a population of 3,000,000 or more and |
20 | | shall not exceed $60 in any other county; except the court |
21 | | in allowing a claim may add to the amount allowed the |
22 | | filing fee paid by the claimant. |
23 | | (3) For filing in an estate a claim, petition, or |
24 | | supplemental proceeding based upon an action seeking |
25 | | equitable relief including the construction or contest of |
26 | | a will, enforcement of a contract to make a will, and |
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1 | | proceedings involving testamentary trusts or the |
2 | | appointment of testamentary trustees, the fee shall not |
3 | | exceed $60. |
4 | | (4) There shall be no fee for filing in an estate: (i) |
5 | | the appearance of any person for the purpose of consent; |
6 | | or (ii) the appearance of an executor, administrator, |
7 | | administrator to collect, guardian, guardian ad litem, or |
8 | | special administrator. |
9 | | (5) For each jury demand, the fee shall not exceed |
10 | | $137.50. |
11 | | (6) For each certified copy of letters of office, of |
12 | | court order, or other certification, the fee shall not |
13 | | exceed
$2 per page. |
14 | | (7) For each exemplification, the fee shall not exceed |
15 | | $2, plus the fee for certification. |
16 | | (8) The executor, administrator, guardian, petitioner, |
17 | | or other interested person or his or her attorney shall |
18 | | pay the cost of publication by the clerk directly to the |
19 | | newspaper. |
20 | | (9) The person on whose behalf a charge is incurred |
21 | | for witness, court reporter, appraiser, or other |
22 | | miscellaneous fees shall pay the same directly to the |
23 | | person entitled thereto. |
24 | | (10) The executor, administrator, guardian, |
25 | | petitioner, or other interested person or his or her |
26 | | attorney shall pay to the clerk all postage charges |
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1 | | incurred by the clerk in mailing petitions, orders, |
2 | | notices, or other documents pursuant to the provisions of |
3 | | the Probate Act of 1975. |
4 | | (w) Corrections of numbers. For correction of the case |
5 | | number, case title, or attorney computer identification |
6 | | number, if required by rule of court, on any document filed in |
7 | | the clerk's office, to be charged against the party that filed |
8 | | the document, the fee shall not exceed $25. |
9 | | (x) Miscellaneous. |
10 | | (1) Interest earned on any fees collected by the clerk |
11 | | shall be turned over to the county general fund as an |
12 | | earning of the office. |
13 | | (2) For any check, draft, or other bank instrument |
14 | | returned to the clerk for non-sufficient funds, account |
15 | | closed, or payment stopped, the clerk shall collect a fee |
16 | | of $25. |
17 | | (y) Other fees. Any fees not covered in this Section shall |
18 | | be set by rule or administrative order of the circuit court |
19 | | with the approval of the Administrative Office of the Illinois |
20 | | Courts. The clerk of the circuit court may provide services in |
21 | | connection with the operation of the clerk's office, other |
22 | | than those services mentioned in this Section, as may be |
23 | | requested by the public and agreed to by the clerk and approved |
24 | | by the Chief Judge. Any charges for additional services shall |
25 | | be as agreed to between the clerk and the party making the |
26 | | request and approved by the Chief Judge. Nothing in this |
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1 | | subsection shall be construed to require any clerk to provide |
2 | | any service not otherwise required by law. |
3 | | (y-5) Unpaid fees. Unless a court ordered payment schedule |
4 | | is implemented or the fee
requirements of this Section are |
5 | | waived under a court order, the clerk of
the circuit court may |
6 | | add to any unpaid fees and costs under this Section a |
7 | | delinquency
amount equal to 5% of the unpaid fees that remain |
8 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid |
9 | | after 60 days, and 15% of the unpaid fees
that remain unpaid |
10 | | after 90 days. Notice to those parties may be made by
signage |
11 | | posting or publication. The additional delinquency amounts |
12 | | collected under this Section shall
be deposited into the |
13 | | Circuit Court Clerk Operations and Administration Fund and |
14 | | used to defray additional administrative costs incurred by the |
15 | | clerk of the
circuit court in collecting unpaid fees and |
16 | | costs. |
17 | | (z) Exceptions. |
18 | | (1) No fee authorized by this Section shall apply to: |
19 | | (A) police departments or other law enforcement |
20 | | agencies. In this Section, "law enforcement agency" |
21 | | means: an agency of the State or agency of a unit of |
22 | | local government which is vested by law or ordinance |
23 | | with the duty to maintain public order and to enforce |
24 | | criminal laws or ordinances; the Attorney General; or |
25 | | any State's Attorney; |
26 | | (A-5) any unit of local government or school |
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1 | | district, except in counties having a population of |
2 | | 500,000 or more the county board may by resolution set |
3 | | fees for units of local government or school districts |
4 | | no greater than the minimum fees applicable in |
5 | | counties with a population less than 3,000,000; |
6 | | provided however, no fee may be charged to any unit of |
7 | | local government or school district in connection with |
8 | | any action which, in whole or in part, is: (i) to |
9 | | enforce an ordinance; (ii) to collect a debt; or (iii) |
10 | | under the Administrative Review Law; |
11 | | (B) any action instituted by the corporate |
12 | | authority of a municipality with more than 1,000,000 |
13 | | inhabitants under Section 11-31-1 of the Illinois |
14 | | Municipal Code and any action instituted under |
15 | | subsection (b) of Section 11-31-1 of the Illinois |
16 | | Municipal Code by a private owner or tenant of real |
17 | | property within 1,200 feet of a dangerous or unsafe |
18 | | building seeking an order compelling the owner or |
19 | | owners of the building to take any of the actions |
20 | | authorized under that subsection; |
21 | | (C) any commitment petition or petition for an |
22 | | order authorizing the administration of psychotropic |
23 | | medication or electroconvulsive therapy under the |
24 | | Mental Health and Developmental Disabilities Code; |
25 | | (D) a petitioner in any order of protection |
26 | | proceeding, including, but not limited to, fees for |
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1 | | filing, modifying, withdrawing, certifying, or |
2 | | photocopying petitions for orders of protection, |
3 | | issuing alias summons, any related filing service, or |
4 | | certifying, modifying, vacating, or photocopying any |
5 | | orders of protection; or |
6 | | (E) proceedings for the appointment of a |
7 | | confidential intermediary under the Adoption Act. |
8 | | (2) No fee other than the filing fee contained in the |
9 | | applicable schedule in subsection (a) shall be charged to |
10 | | any person in connection with an adoption proceeding. |
11 | | (3) Upon good cause shown, the court may waive any |
12 | | fees associated with a special needs adoption. The term |
13 | | "special needs adoption" has the meaning provided by the |
14 | | Illinois Department of Children and Family Services. |
15 | | (aa) This Section is repealed on January 1, 2024.
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16 | | (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
17 | | 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. |
18 | | 5-13-22.)
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19 | | (705 ILCS 135/20-5 rep.) |
20 | | Section 14. The Criminal and Traffic Assessment Act is |
21 | | amended by repealing Section 20-5.".
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