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91_HB2773sam002
LRB9103154DJcdam03
1 AMENDMENT TO HOUSE BILL 2773
2 AMENDMENT NO. . Amend House Bill 2773 as follows:
3 by replacing the title with the following:
4 "AN ACT concerning child support, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 changing Sections 10-10.4, 10-26, and 12-10.2 as follows:
10 (305 ILCS 5/10-10.4)
11 Sec. 10-10.4. Payment of Support to State Disbursement
12 Unit.
13 (a) As used in this Section:
14 "Order for support", "obligor", "obligee", and "payor"
15 mean those terms as defined in the Income Withholding for
16 Support Act, except that "order for support" shall not mean
17 orders providing for spousal maintenance under which there is
18 no child support obligation.
19 (b) Notwithstanding any other provision of this Code to
20 the contrary, each court or administrative order for support
21 entered or modified on or after October 1, 1999 shall require
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1 that support payments be made to the State Disbursement Unit
2 established under Section 10-26 if:
3 (1) a party to the order is receiving child and
4 spouse support services under this Article X; or
5 (2) no party to the order is receiving child and
6 spouse support services, but the support payments are
7 made through income withholding.
8 (c) The Illinois Department shall provide notice to the
9 obligor and, where applicable, to the obligor's payor to make
10 Support payments shall be made to the State Disbursement Unit
11 if:
12 (1) the order for support was entered before
13 October 1, 1999, and a party to the order is receiving
14 child and spouse support services under this Article X;
15 or
16 (2) the order for support was entered after January
17 1, 1994, no party to the order is receiving child and
18 spouse support services, and the support payments are
19 being made through income withholding.
20 (c-5) If no party to the order is receiving child and
21 spouse support services under this Article X, and the support
22 payments are not being made through income withholding, then
23 support payments shall be made as directed in the order for
24 support.
25 (c-10) Within 15 days after the effective date of this
26 amendatory Act of the 91st General Assembly, the Illinois
27 Department shall provide written notice to the clerk of the
28 circuit court, the obligor, and, where applicable, the
29 obligor's payor to make payments to the State Disbursement
30 Unit if:
31 (1) the order for support was entered before October
32 1, 1999, and a party to the order is receiving child and
33 spouse support services under this Article X; or
34 (2) no party to the order is receiving child and
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1 spouse support services, and the support payments are
2 being made through income withholding.
3 (c-15) Within 15 days after the effective date of this
4 amendatory Act of the 91st General Assembly, the clerk of the
5 circuit court shall provide written notice to the obligor to
6 make payments directly to the clerk of the circuit court if
7 no party to the order is receiving child and spouse support
8 services under this Article X, the support payments are not
9 made through income withholding, and the order for support
10 requires support payments to be made directly to the clerk of
11 the circuit court.
12 (c-20) If the State Disbursement Unit receives a support
13 payment that was not appropriately made to the Unit under
14 this Section, the Unit shall immediately return the payment
15 to the sender, including, if possible, instructions detailing
16 where to send the support payments.
17 (d) The notices notice required under subsections (c-10)
18 and (c-15) subsection (c) may be sent by ordinary mail,
19 certified mail, return receipt requested, facsimile
20 transmission, or other electronic process, or may be served
21 upon the obligor or payor using any method provided by law
22 for service of a summons. A copy of the notice shall be
23 provided to the obligee and, when the order for support was
24 entered by the court, to the clerk of the court.
25 (Source: P.A. 91-212, eff. 7-20-99.)
26 (305 ILCS 5/10-26)
27 Sec. 10-26. State Disbursement Unit.
28 (a) Effective October 1, 1999 the Illinois Department
29 shall establish a State Disbursement Unit in accordance with
30 the requirements of Title IV-D of the Social Security Act.
31 The Illinois Department shall enter into an agreement with a
32 State or local governmental unit or private entity to perform
33 the functions of the State Disbursement Unit as set forth in
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1 this Section. The purpose of the State Disbursement Unit
2 shall be to collect and disburse support payments made under
3 court and administrative support orders:
4 (1) being enforced in cases in which child and
5 spouse support services are being provided under this
6 Article X; and
7 (2) in all cases in which the order for support was
8 entered after January 1, 1994, child and spouse support
9 services are not being provided under this Article X, and
10 in which support payments are made under the provisions
11 of the Income Withholding for Support Act.
12 (a-5) If the State Disbursement Unit receives a support
13 payment that was not appropriately made to the Unit under
14 this Section, the Unit shall immediately return the payment
15 to the sender, including, if possible, instructions detailing
16 where to send the support payments.
17 (b) All payments received by the State Disbursement
18 Unit:
19 (1) shall be deposited into an account obtained by
20 the State or local governmental unit or private entity,
21 as the case may be, and
22 (2) distributed and disbursed by the State
23 Disbursement Unit, in accordance with the directions of
24 the Illinois Department, pursuant to Title IV-D of the
25 Social Security Act and rules promulgated by the
26 Department.
27 (c) All support payments assigned to the Illinois
28 Department under Article X of this Code and rules promulgated
29 by the Illinois Department that are disbursed to the Illinois
30 Department by the State Disbursement Unit shall be paid into
31 the Child Support Enforcement Trust Fund.
32 (d) If the agreement with the State or local
33 governmental unit or private entity provided for in this
34 Section is not in effect for any reason, the Department shall
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1 perform the functions of the State Disbursement Unit as set
2 forth in this Section for a maximum of 12 months.
3 (e) The Illinois Department shall immediately conduct at
4 least 4 regional training and educational seminars to educate
5 the clerks of the circuit court on the general operation of
6 the State Disbursement Unit, the role of the State
7 Disbursement Unit, and the role of the clerks of the circuit
8 court in the collection and distribution of child support
9 payments.
10 (f) The Illinois Department shall conduct at least 4
11 regional educational and training seminars to educate payors,
12 as defined in the Income Withholding for Support Act, on the
13 general operation of the State Disbursement Unit, the role of
14 the State Disbursement Unit, and the distribution of income
15 withholding payments pursuant to this Section and the Income
16 Withholding for Support Act.
17 (Source: P.A. 91-212, eff. 7-20-99.)
18 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
19 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
20 to be held by the State Treasurer as ex-officio custodian
21 outside the State Treasury, pursuant to the Child Support
22 Enforcement Program established by Title IV-D of the Social
23 Security Act, shall consist of (1) all support payments
24 assigned to the Illinois Department under Article X of this
25 Code and rules promulgated by the Illinois Department that
26 are disbursed to the Illinois Department by the State
27 Disbursement Unit established under Section 10-26, and (2)
28 all federal grants received by the Illinois Department funded
29 by Title IV-D of the Social Security Act, except those
30 federal funds received under the Title IV-D program as
31 reimbursement for expenditures from the General Revenue Fund,
32 and (3) incentive payments received by the Illinois
33 Department from other states or political subdivisions of
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1 other states for the enforcement and collection by the
2 Department of an assigned child support obligation in behalf
3 of such other states or their political subdivisions pursuant
4 to the provisions of Title IV-D of the Social Security Act,
5 and (4) incentive payments retained by the Illinois
6 Department from the amounts which otherwise would be paid to
7 the Federal government to reimburse the Federal government's
8 share of the support collection for the Department's
9 enforcement and collection of an assigned support obligation
10 on behalf of the State of Illinois pursuant to the provisions
11 of Title IV-D of the Social Security Act, and (5) all fees
12 charged by the Department for child support enforcement
13 services, as authorized under Title IV-D of the Social
14 Security Act and Section 10-1 of this Code, and any other
15 fees, costs, fines, recoveries, or penalties provided for by
16 State or federal law and received by the Department under the
17 Child Support Enforcement Program established by Title IV-D
18 of the Social Security Act, and (5.5) all moneys transmitted
19 to the Department by clerks of the circuit court pursuant to
20 subdivision (u)(3) of Section 27.1 of the Clerks of Courts
21 Act, subdivision (bb)(4) of Section 27.1a of that Act,
22 subdivision (bb)(4) of Section 27.2 of that Act, and
23 subdivision (bb)(4) of Section 27.2a of that Act, and (6) all
24 amounts appropriated by the General Assembly for deposit into
25 the Fund, and (7) any gifts, grants, donations, or awards
26 from individuals, private businesses, nonprofit associations,
27 and governmental entities.
28 Disbursements from this Fund shall be only for the
29 following purposes: (1) for the reimbursement of funds
30 received by the Illinois Department through error or mistake,
31 and (2) (blank), and (3) for payment of any administrative
32 expenses, including payment to the Health Insurance Reserve
33 Fund for group insurance costs at the rate certified by the
34 Department of Central Management Services, except those
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1 required to be paid from the General Revenue Fund, including
2 personal and contractual services, incurred in performing the
3 Title IV-D activities authorized by Article X of this Code,
4 and (3.5) for offsetting the cost of establishing the State
5 Disbursement Unit under Section 10-26, and (4) for the
6 reimbursement of the Public Assistance Emergency Revolving
7 Fund for expenditures made from that Fund for payments to
8 former recipients of public aid for child support made to the
9 Illinois Department when the former public aid recipient is
10 legally entitled to all or part of the child support
11 payments, pursuant to the provisions of Title IV-D of the
12 Social Security Act, and (5) for the payment of incentive
13 amounts owed to other states or political subdivisions of
14 other states that enforce and collect an assigned support
15 obligation on behalf of the State of Illinois pursuant to the
16 provisions of Title IV-D of the Social Security Act, and (6)
17 for the payment of incentive amounts owed to political
18 subdivisions of the State of Illinois that enforce and
19 collect an assigned support obligation on behalf of the State
20 pursuant to the provisions of Title IV-D of the Social
21 Security Act, and (7) for payments of any amounts which are
22 reimbursable to the Federal government which are required to
23 be paid by State warrant by either the State or Federal
24 government. Disbursements from this Fund shall be by warrants
25 drawn by the State Comptroller on receipt of vouchers duly
26 executed and certified by the Illinois Department or any
27 other State agency that receives an appropriation from the
28 Fund.
29 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
30 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
31 Section 10. The Clerks of Courts Act is amended by
32 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
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1 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
2 Sec. 27.1. The fees of the Clerk of the Circuit Court in
3 all counties having a population of 180,000 inhabitants or
4 less shall be paid in advance, except as otherwise provided,
5 and shall be as follows:
6 (a) Civil Cases
7 (1) All civil cases except as otherwise
8 provided........................................... $40
9 (2) Judicial Sales (except Probate).......... $40
10 (b) Family
11 (1) Commitment petitions under the Mental
12 Health and Developmental Disabilities Code, filing
13 transcript of commitment proceedings held in
14 another county, and cases under the Juvenile Court
15 Act of 1987........................................ $25
16 (2) Petition for Marriage Licenses........... $10
17 (3) Marriages in Court....................... $10
18 (4) Paternity................................ $40
19 (c) Criminal and Quasi-Criminal
20 (1) Each person convicted of a felony........ $40
21 (2) Each person convicted of a misdemeanor,
22 leaving scene of an accident, driving while
23 intoxicated, reckless driving or drag racing,
24 driving when license revoked or suspended,
25 overweight, or no interstate commerce certificate,
26 or when the disposition is court supervision....... $25
27 (3) Each person convicted of a business
28 offense............................................ $25
29 (4) Each person convicted of a petty offense. $25
30 (5) Minor traffic, conservation, or
31 ordinance violation, including
32 without limitation when the disposition is
33 court supervision:
34 (i) For each offense.................... $10
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1 (ii) For each notice sent to the
2 defendant's last known address pursuant to
3 subsection (c) of Section 6-306.4 of the Illinois
4 Vehicle Code....................................... $2
5 (iii) For each notice sent to the
6 Secretary of State pursuant to subsection (c) of
7 Section 6-306.4 of the Illinois Vehicle Code....... $2
8 (6) When Court Appearance required........... $15
9 (7) Motions to vacate or amend final orders.. $10
10 (8) In ordinance violation cases punishable
11 by fine only, the clerk of the circuit court shall
12 be entitled to receive, unless the fee is excused
13 upon a finding by the court that the defendant is
14 indigent, in addition to other fees or costs
15 allowed or imposed by law, the sum of $62.50 as a
16 fee for the services of a jury. The jury fee shall
17 be paid by the defendant at the time of filing his
18 or her jury demand. If the fee is not so paid by
19 the defendant, no jury shall be called, and the
20 case shall be tried by the court without a jury.
21 (d) Other Civil Cases
22 (1) Money or personal property claimed does
23 not exceed $500.................................... $10
24 (2) Exceeds $500 but not more than $10,000... $25
25 (3) Exceeds $10,000, when relief in addition
26 to or supplemental to recovery of money alone is
27 sought in an action to recover personal property
28 taxes or retailers occupational tax regardless of
29 amount claimed..................................... $45
30 (4) The Clerk of the Circuit Court shall be
31 entitled to receive, in addition to other fees
32 allowed by law, the sum of $62.50, as a fee for the
33 services of a jury in every civil action not
34 quasi-criminal in its nature and not a proceeding
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1 for the exercise of the right of eminent domain,
2 and in every equitable action wherein the right of
3 trial by jury is or may be given by law. The jury
4 fee shall be paid by the party demanding a jury at
5 the time of filing his jury demand. If such a fee
6 is not paid by either party, no jury shall be
7 called in the action, suit, or proceeding, and the
8 same shall be tried by the court without a jury.
9 (e) Confession of judgment and answer
10 (1) When the amount does not exceed $1,000... $20
11 (2) Exceeds $1,000........................... $40
12 (f) Auxiliary Proceedings
13 Any auxiliary proceeding relating to the
14 collection of a money judgment, including
15 garnishment, citation, or wage deduction action.... $5
16 (g) Forcible entry and detainer
17 (1) For possession only or possession and
18 rent not in excess of $10,000...................... $10
19 (2) For possession and rent in excess of
20 $10,000............................................ $40
21 (h) Eminent Domain
22 (1) Exercise of Eminent Domain............... $45
23 (2) For each and every lot or tract of land
24 or right or interest therein subject to be
25 condemned, the damages in respect to which shall
26 require separate assessments by a jury............. $45
27 (i) Reinstatement
28 Each case including petition for modification
29 of a judgment or order of Court if filed later than
30 30 days after the entry of a judgment or order,
31 except in forcible entry and detainer cases and
32 small claims and except a petition to modify,
33 terminate, or enforce a judgement or order for
34 child or spousal support or to modify, suspend, or
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1 terminate an order for withholding, petition to
2 vacate judgment of dismissal for want of
3 prosecution whenever filed, petition to reopen an
4 estate, or redocketing of any cause................ $20
5 (j) Probate
6 (1) Administration of decedent's estates,
7 whether testate or intestate, guardianships of the
8 person or estate or both of a person under legal
9 disability, guardianships of the person or estate
10 or both of a minor or minors, or petitions to sell
11 real estate in the administration of any estate.... $50
12 (2) Small estates in cases where the real and
13 personal property of an estate does not exceed
14 $5,000............................................. $25
15 (3) At any time during the administration of
16 the estate, however, at the request of the Clerk,
17 the Court shall examine the record of the estate
18 and the personal representative to determine the
19 total value of the real and personal property of
20 the estate, and if such value exceeds $5,000 shall
21 order the payment of an additional fee in the
22 amount of.......................................... $40
23 (4) Inheritance tax proceedings.............. $15
24 (5) Issuing letters only for a certain
25 specific reason other than the administration of an
26 estate, including but not limited to the release of
27 mortgage; the issue of letters of guardianship in
28 order that consent to marriage may be granted or
29 for some other specific reason other than for the
30 care of property or person; proof of heirship
31 without administration; or when a will is to be
32 admitted to probate, but the estate is to be
33 settled without administration..................... $10
34 (6) When a separate complaint relating to any
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1 matter other than a routine claim is filed in an
2 estate, the required additional fee shall be
3 charged for such filing............................ $45
4 (k) Change of Venue
5 From a court, the charge is the same amount as
6 the original filing fee; however, the fee for
7 preparation and certification of record on change
8 of venue, when original documents or copies are
9 forwarded.......................................... $10
10 (l) Answer, adverse pleading, or appearance
11 In civil cases................................ $15
12 With the following exceptions:
13 (1) When the amount does not exceed $500..... $5
14 (2) When amount exceeds $500 but not $10,000. $10
15 (3) When amount exceeds $10,000.............. $15
16 (4) Court appeals when documents are
17 forwarded, over 200 pages, additional fee per page
18 over 200........................................... 10¢
19 (m) Tax objection complaints
20 For each tax objection complaint containing
21 one or more tax objections, regardless of the
22 number of parcels involved or the number of
23 taxpayers joining the complaint.................... $10
24 (n) Tax deed
25 (1) Petition for tax deed, if only one parcel
26 is involved........................................ $45
27 (2) For each additional parcel involved, an
28 additional fee of.................................. $10
29 (o) Mailing Notices and Processes
30 (1) All notices that the clerk is required to
31 mail as first class mail........................... $2
32 (2) For all processes or notices the Clerk is
33 required to mail by certified or registered mail,
34 the fee will be $2 plus cost of postage.
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1 (p) Certification or Authentication
2 (1) Each certification or authentication for
3 taking the acknowledgement of a deed or other
4 instrument in writing with seal of office.......... $2
5 (2) Court appeals when original documents are
6 forwarded, 100 pages or under, plus delivery costs. $25
7 (3) Court appeals when original documents are
8 forwarded, over 100 pages, plus delivery costs..... $60
9 (4) Court appeals when original documents are
10 forwarded, over 200 pages, additional fee per page
11 over 200........................................... 10¢
12 (q) Reproductions
13 Each record of proceedings and judgment,
14 whether on appeal, change of venue, certified
15 copies of orders and judgments, and all other
16 instruments, documents, records, or papers:
17 (1) First page.......................... $1
18 (2) Next 19 pages, per page............. 50¢
19 (3) All remaining pages, per page....... 25¢
20 (r) Counterclaim
21 When any defendant files a counterclaim as
22 part of his or her answer or otherwise, or joins
23 another party as a third party defendant, or both,
24 he or she shall pay a fee for each such
25 counterclaim or third party action in an amount
26 equal to the fee he or she would have had to pay
27 had he or she brought a separate action for the
28 relief sought in the counterclaim or against the
29 third party defendant, less the amount of the
30 appearance fee, if that has been paid.
31 (s) Transcript of Judgment
32 From a court, the same fee as if case
33 originally filed.
34 (t) Publications
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1 The cost of publication shall be paid directly
2 to the publisher by the person seeking the
3 publication, whether the clerk is required by law
4 to publish, or the parties to the action.
5 (u) Collections
6 (1) For all collections made for others,
7 except the State and County and except in
8 maintenance or child support cases, a sum equal to
9 2% of the amount collected and turned over.
10 (2) In any cases remanded to the Circuit
11 Court from the Supreme Court or the Appellate
12 Court, the Clerk shall file the remanding order and
13 reinstate the case with either its original number
14 or a new number. The Clerk shall not charge any
15 new or additional fee for the reinstatement. Upon
16 reinstatement the Clerk shall advise the parties of
17 the reinstatement. A party shall have the same
18 right to a jury trial on remand and reinstatement
19 as he or she had before the appeal, and no
20 additional or new fee or charge shall be made for a
21 jury trial after remand.
22 (3) In maintenance and child support matters,
23 the Clerk may deduct from each payment an amount
24 equal to the United States postage to be used in
25 mailing the maintenance or child support check to
26 the recipient. In such cases, the Clerk shall
27 collect an annual fee of up to $36 from the person
28 making such payment for maintaining child support
29 records and the processing of support orders to the
30 State of Illinois KIDS system and the recording of
31 payments issued by the State Disbursement Unit for
32 the official record of the Court. After June 30,
33 2000, in each case in which support payments must
34 be made to the State Disbursement Unit as provided
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1 in Section 10-10.4 of the Illinois Public Aid Code,
2 Section 507.1 of the Illinois Marriage and
3 Dissolution of Marriage Act, or Section 21.1 of the
4 Illinois Parentage Act of 1984, the Clerk shall
5 retain $5 of the fee and transmit the remaining $31
6 to the State Treasurer for deposit into the Child
7 Support Enforcement Trust Fund.
8 This $36 annual fee Such sum shall be in
9 addition to and separate from amounts ordered to be
10 paid as maintenance or child support and shall be
11 deposited in a separate Maintenance and Child
12 Support Collection Fund of which the Clerk shall be
13 the custodian, ex officio, to be used by the Clerk
14 to maintain child support orders and record all
15 payments issued by the State Disbursement Unit for
16 the official record of the Court. Unless paid in
17 cash or pursuant to an order for withholding, the
18 payment of the fee shall be by a separate
19 instrument from the support payment and shall be
20 made to the order of the Clerk. The Clerk may
21 recover from the person making the maintenance or
22 child support payment any additional cost incurred
23 in the collection of this annual fee.
24 (4) Interest earned on any funds held by the
25 clerk shall be turned over to the county general
26 fund as an earning of the office.
27 The Clerk shall also be entitled to a fee of
28 $5 for certifications made to the Secretary of
29 State as provided in Section 7-703 of the Family
30 Financial Responsibility Law and these fees shall
31 also be deposited into the Separate Maintenance and
32 Child Support Collection Fund.
33 (v) Correction of Cases
34 For correcting the case number or case title
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1 on any document filed in his office, to be charged
2 against the party that filed the document.......... $10
3 (w) Record Search
4 For searching a record, per year searched..... $4
5 (x) Printed Output
6 For each page of hard copy print output, when
7 case records are maintained on an automated medium. $2
8 (y) Alias Summons
9 For each alias summons issued................. $2
10 (z) Expungement of Records
11 For each expungement petition filed........... $15
12 (aa) Other Fees
13 Any fees not covered by this Section shall be set by
14 rule or administrative order of the Circuit Court, with
15 the approval of the Supreme Court.
16 (bb) Exemptions
17 No fee provided for herein shall be charged to any
18 unit of State or local government or school district
19 unless the Court orders another party to pay such fee on
20 its behalf. The fee requirements of this Section shall
21 not apply to police departments or other law enforcement
22 agencies. In this Section, "law enforcement agency"
23 means an agency of the State or a unit of local
24 government that is vested by law or ordinance with the
25 duty to maintain public order and to enforce criminal
26 laws and ordinances. The fee requirements of this Section
27 shall not apply to any action instituted under subsection
28 (b) of Section 11-31-1 of the Illinois Municipal Code by
29 a private owner or tenant of real property within 1200
30 feet of a dangerous or unsafe building seeking an order
31 compelling the owner or owners of the building to take
32 any of the actions authorized under that subsection.
33 (cc) Adoptions
34 (1) For an adoption.............................$65
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1 (2) Upon good cause shown, the court may waive the
2 adoption filing fee in a special needs adoption. The
3 term "special needs adoption" shall have the meaning
4 ascribed to it by the Illinois Department of Children and
5 Family Services.
6 (dd) Adoption exemptions
7 No fee other than that set forth in subsection (cc)
8 shall be charged to any person in connection with an
9 adoption proceeding.
10 (ee) Additional Services
11 Beginning July 1, 1993, the clerk of the circuit
12 court may provide such additional services for which
13 there is no fee specified by statute in connection with
14 the operation of the clerk's office as may be requested
15 by the public and agreed to by the public and by the
16 clerk and approved by the chief judge of the circuit
17 court. Any charges for additional services shall be as
18 agreed to between the clerk and the party making the
19 request and approved by the chief judge of the circuit
20 court. Nothing in this subsection shall be construed to
21 require any clerk to provide any service not otherwise
22 required by law.
23 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
24 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
25 7-29-99; 91-612, eff. 10-1-99; revised 8-30-99.)
26 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
27 Sec. 27.1a. The fees of the clerks of the circuit court
28 in all counties having a population in excess of 180,000 but
29 not more than 650,000 inhabitants in the instances described
30 in this Section shall be as provided in this Section. The
31 fees shall be paid in advance and shall be as follows:
32 (a) Civil Cases.
33 The fee for filing a complaint, petition, or other
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1 pleading initiating a civil action, with the following
2 exceptions, shall be $150.
3 (A) When the amount of money or damages or the
4 value of personal property claimed does not exceed
5 $250, $10.
6 (B) When that amount exceeds $250 but does not
7 exceed $500, $20.
8 (C) When that amount exceeds $500 but does not
9 exceed $2500, $30.
10 (D) When that amount exceeds $2500 but does
11 not exceed $15,000, $75.
12 (E) For the exercise of eminent domain, $150.
13 For each additional lot or tract of land or right or
14 interest therein subject to be condemned, the
15 damages in respect to which shall require separate
16 assessment by a jury, $150.
17 (a-1) Family.
18 For filing a petition under the Juvenile Court Act
19 of 1987, $25.
20 For filing a petition for a marriage license, $10.
21 For performing a marriage in court, $10.
22 For filing a petition under the Illinois Parentage
23 Act of 1984, $40.
24 (b) Forcible Entry and Detainer.
25 In each forcible entry and detainer case when the
26 plaintiff seeks possession only or unites with his or her
27 claim for possession of the property a claim for rent or
28 damages or both in the amount of $15,000 or less, $40.
29 When the plaintiff unites his or her claim for possession
30 with a claim for rent or damages or both exceeding
31 $15,000, $150.
32 (c) Counterclaim or Joining Third Party Defendant.
33 When any defendant files a counterclaim as part of
34 his or her answer or otherwise or joins another party as
-19- LRB9103154DJcdam03
1 a third party defendant, or both, the defendant shall pay
2 a fee for each counterclaim or third party action in an
3 amount equal to the fee he or she would have had to pay
4 had he or she brought a separate action for the relief
5 sought in the counterclaim or against the third party
6 defendant, less the amount of the appearance fee, if that
7 has been paid.
8 (d) Confession of Judgment.
9 In a confession of judgment when the amount does not
10 exceed $1500, $50. When the amount exceeds $1500, but
11 does not exceed $15,000, $115. When the amount exceeds
12 $15,000, $200.
13 (e) Appearance.
14 The fee for filing an appearance in each civil case
15 shall be $50, except as follows:
16 (A) When the plaintiff in a forcible entry and
17 detainer case seeks possession only, $20.
18 (B) When the amount in the case does not
19 exceed $1500, $20.
20 (C) When that amount exceeds $1500 but does
21 not exceed $15,000, $40.
22 (f) Garnishment, Wage Deduction, and Citation.
23 In garnishment affidavit, wage deduction affidavit,
24 and citation petition when the amount does not exceed
25 $1,000, $10; when the amount exceeds $1,000 but does not
26 exceed $5,000, $20; and when the amount exceeds $5,000,
27 $30.
28 (g) Petition to Vacate or Modify.
29 (1) Petition to vacate or modify any final judgment
30 or order of court, except in forcible entry and detainer
31 cases and small claims cases or a petition to reopen an
32 estate, to modify, terminate, or enforce a judgment or
33 order for child or spousal support, or to modify,
34 suspend, or terminate an order for withholding, if filed
-20- LRB9103154DJcdam03
1 before 30 days after the entry of the judgment or order,
2 $40.
3 (2) Petition to vacate or modify any final judgment
4 or order of court, except a petition to modify,
5 terminate, or enforce a judgment or order for child or
6 spousal support or to modify, suspend, or terminate an
7 order for withholding, if filed later than 30 days after
8 the entry of the judgment or order, $60.
9 (3) Petition to vacate order of bond forfeiture,
10 $20.
11 (h) Mailing.
12 When the clerk is required to mail, the fee will be
13 $6, plus the cost of postage.
14 (i) Certified Copies.
15 Each certified copy of a judgment after the first,
16 except in small claims and forcible entry and detainer
17 cases, $10.
18 (j) Habeas Corpus.
19 For filing a petition for relief by habeas corpus,
20 $80.
21 (k) Certification, Authentication, and Reproduction.
22 (1) Each certification or authentication for taking
23 the acknowledgment of a deed or other instrument in
24 writing with the seal of office, $4.
25 (2) Court appeals when original documents are
26 forwarded, under 100 pages, plus delivery and costs, $50.
27 (3) Court appeals when original documents are
28 forwarded, over 100 pages, plus delivery and costs, $120.
29 (4) Court appeals when original documents are
30 forwarded, over 200 pages, an additional fee of 20 cents
31 per page.
32 (5) For reproduction of any document contained in
33 the clerk's files:
34 (A) First page, $2.
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1 (B) Next 19 pages, 50 cents per page.
2 (C) All remaining pages, 25 cents per page.
3 (l) Remands.
4 In any cases remanded to the Circuit Court from the
5 Supreme Court or the Appellate Court for a new trial, the
6 clerk shall file the remanding order and reinstate the
7 case with either its original number or a new number. The
8 Clerk shall not charge any new or additional fee for the
9 reinstatement. Upon reinstatement the Clerk shall advise
10 the parties of the reinstatement. A party shall have the
11 same right to a jury trial on remand and reinstatement as
12 he or she had before the appeal, and no additional or new
13 fee or charge shall be made for a jury trial after
14 remand.
15 (m) Record Search.
16 For each record search, within a division or
17 municipal district, the clerk shall be entitled to a
18 search fee of $4 for 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 $4.
23 (o) Index Inquiry and Other Records.
24 No fee shall be charged for a single
25 plaintiff/defendant index inquiry or single case record
26 inquiry when this request is made in person and the
27 records are maintained in a current automated medium, and
28 when no hard copy print output is requested. The fees to
29 be charged for management records, multiple case records,
30 and multiple journal records may be specified by the
31 Chief Judge pursuant to the guidelines for access and
32 dissemination of information approved by the Supreme
33 Court.
34 (p) Commitment Petitions.
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1 For filing commitment petitions under the Mental
2 Health and Developmental Disabilities Code and for filing
3 a transcript of commitment proceedings held in another
4 county, $25.
5 (q) Alias Summons.
6 For each alias summons or citation issued by the
7 clerk, $4.
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 $192.50, as a
27 fee for the services of a jury in every civil action not
28 quasi-criminal in its nature and not a proceeding for the
29 exercise of the right of eminent domain and in every
30 other action wherein the right of trial by jury is or may
31 be given by law. The jury fee shall be paid by the party
32 demanding a jury at the time of filing the jury demand.
33 If the fee is not paid by either party, no jury shall be
34 called in the action or proceeding, and the same shall be
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1 tried by the court without a jury.
2 (t) Voluntary Assignment.
3 For filing each deed of voluntary assignment, $10;
4 for recording the same, 25¢ for each 100 words.
5 Exceptions filed to claims presented to an assignee of a
6 debtor who has made a voluntary assignment for the
7 benefit of creditors shall be considered and treated, for
8 the purpose of taxing costs therein, as actions in which
9 the party or parties filing the exceptions shall be
10 considered as party or parties plaintiff, and the
11 claimant or claimants as party or parties defendant, and
12 those parties respectively shall pay to the clerk the
13 same fees as provided by this Section to be paid in other
14 actions.
15 (u) Expungement Petition.
16 The clerk shall be entitled to receive a fee of $30
17 for each expungement petition filed and an additional fee
18 of $2 for each certified copy of an order to expunge
19 arrest records.
20 (v) Probate.
21 The clerk is entitled to receive the fees specified in
22 this subsection (v), which shall be paid in advance, except
23 that, for good cause shown, the court may suspend, reduce, or
24 release the costs payable under this subsection:
25 (1) For administration of the estate of a decedent
26 (whether testate or intestate) or of a missing person,
27 $100, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $25.
32 (B) When (i) proof of heirship alone is made,
33 (ii) a domestic or foreign will is admitted to
34 probate without administration (including proof of
-24- LRB9103154DJcdam03
1 heirship), or (iii) letters of office are issued for
2 a particular purpose without administration of the
3 estate, the fee shall be $25.
4 (2) For administration of the estate of a ward,
5 $50, plus the fees specified in subsection (v)(3),
6 except:
7 (A) When the value of the real and personal
8 property does not exceed $15,000, the fee shall be
9 $25.
10 (B) When (i) letters of office are issued to a
11 guardian of the person or persons, but not of the
12 estate or (ii) letters of office are issued in the
13 estate of a ward without administration of the
14 estate, including filing or joining in the filing of
15 a tax return or releasing a mortgage or consenting
16 to the marriage of the ward, the fee shall be $10.
17 (3) In addition to the fees payable under
18 subsection (v)(1) or (v)(2) of this Section, the
19 following fees are payable:
20 (A) For each account (other than one final
21 account) filed in the estate of a decedent, or ward,
22 $15.
23 (B) For filing a claim in an estate when the
24 amount claimed is $150 or more but less than $500,
25 $10; when the amount claimed is $500 or more but
26 less than $10,000, $25; when the amount claimed is
27 $10,000 or more, $40; provided that the court in
28 allowing a claim may add to the amount allowed the
29 filing fee paid by the claimant.
30 (C) For filing in an estate a claim, petition,
31 or supplemental proceeding based upon an action
32 seeking equitable relief including the construction
33 or contest of a will, enforcement of a contract to
34 make a will, and proceedings involving testamentary
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1 trusts or the appointment of testamentary trustees,
2 $40.
3 (D) For filing in an estate (i) the appearance
4 of any person for the purpose of consent or (ii) the
5 appearance of an executor, administrator,
6 administrator to collect, guardian, guardian ad
7 litem, or special administrator, no fee.
8 (E) Except as provided in subsection
9 (v)(3)(D), for filing the appearance of any person
10 or persons, $10.
11 (F) For each jury demand, $102.50.
12 (G) For disposition of the collection of a
13 judgment or settlement of an action or claim for
14 wrongful death of a decedent or of any cause of
15 action of a ward, when there is no other
16 administration of the estate, $30, less any amount
17 paid under subsection (v)(1)(B) or (v)(2)(B) except
18 that if the amount involved does not exceed $5,000,
19 the fee, including any amount paid under subsection
20 (v)(1)(B) or (v)(2)(B), shall be $10.
21 (H) For each certified copy of letters of
22 office, of court order or other certification, $1,
23 plus 50¢ per page in excess of 3 pages for the
24 document certified.
25 (I) For each exemplification, $1, plus the fee
26 for certification.
27 (4) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay the cost of publication by the clerk
30 directly to the newspaper.
31 (5) The person on whose behalf a charge is incurred
32 for witness, court reporter, appraiser, or other
33 miscellaneous fee shall pay the same directly to the
34 person entitled thereto.
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1 (6) The executor, administrator, guardian,
2 petitioner, or other interested person or his or her
3 attorney shall pay to the clerk all postage charges
4 incurred by the clerk in mailing petitions, orders,
5 notices, or other documents pursuant to the provisions of
6 the Probate Act of 1975.
7 (w) Criminal and Quasi-Criminal Costs and Fees.
8 (1) The clerk shall be entitled to costs in all
9 criminal and quasi-criminal cases from each person
10 convicted or sentenced to supervision therein as follows:
11 (A) Felony complaints, $80.
12 (B) Misdemeanor complaints, $50.
13 (C) Business offense complaints, $50.
14 (D) Petty offense complaints, $50.
15 (E) Minor traffic or ordinance violations,
16 $20.
17 (F) When court appearance required, $30.
18 (G) Motions to vacate or amend final orders,
19 $20.
20 (H) Motions to vacate bond forfeiture orders,
21 $20.
22 (I) Motions to vacate ex parte judgments,
23 whenever filed, $20.
24 (J) Motions to vacate judgment on forfeitures,
25 whenever filed, $20.
26 (K) Motions to vacate "failure to appear" or
27 "failure to comply" notices sent to the Secretary of
28 State, $20.
29 (2) In counties having a population in excess of
30 180,000 but not more than 650,000 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 $62.50 as a fee for the services of a jury. The jury fee
9 shall be paid by the defendant at the time of filing his
10 or her jury demand. If the fee is not so paid by the
11 defendant, no jury shall be called, and the case shall be
12 tried by the court without a jury.
13 (x) Transcripts of Judgment.
14 For the filing of a transcript of judgment, the
15 clerk shall be entitled to the same fee as if it were the
16 commencement of a new suit.
17 (y) Change of Venue.
18 (1) For the filing of a change of case on a change
19 of venue, the clerk shall be entitled to the same fee as
20 if it were the commencement of a new suit.
21 (2) The fee for the preparation and certification
22 of a record on a change of venue to another jurisdiction,
23 when original documents are forwarded, $25.
24 (z) Tax objection complaints.
25 For each tax objection complaint containing one or
26 more tax objections, regardless of the number of parcels
27 involved or the number of taxpayers joining on the
28 complaint, $25.
29 (aa) Tax Deeds.
30 (1) Petition for tax deed, if only one parcel is
31 involved, $150.
32 (2) For each additional parcel, add a fee of $50.
33 (bb) Collections.
34 (1) For all collections made of others, except the
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1 State and county and except in maintenance or child
2 support cases, a sum equal to 2.5% of the amount
3 collected and turned over.
4 (2) Interest earned on any funds held by the clerk
5 shall be turned over to the county general fund as an
6 earning of the office.
7 (3) For any check, draft, or other bank instrument
8 returned to the clerk for non-sufficient funds, account
9 closed, or payment stopped, $25.
10 (4) In child support and maintenance cases, the
11 clerk, if authorized by an ordinance of the county board,
12 may collect an annual fee of up to $36 from the person
13 making payment for maintaining child support records and
14 the processing of support orders to the State of Illinois
15 KIDS system and the recording of payments issued by the
16 State Disbursement Unit for the official record of the
17 Court. After June 30, 2000, in each case in which support
18 payments must be made to the State Disbursement Unit as
19 provided in Section 10-10.4 of the Illinois Public Aid
20 Code, Section 507.1 of the Illinois Marriage and
21 Dissolution of Marriage Act, or Section 21.1 of the
22 Illinois Parentage Act of 1984, the Clerk shall retain $5
23 of the fee and transmit the remaining $31 to the State
24 Treasurer for deposit into the child Support Enforcement
25 Trust Fund.
26 This $36 annual fee shall be in addition to and
27 separate from amounts ordered to be paid as maintenance
28 or child support and shall be deposited into a Separate
29 Maintenance and Child Support Collection Fund, of which
30 the clerk shall be the custodian, ex-officio, to be used
31 by the clerk to maintain child support orders and record
32 all payments issued by the State Disbursement Unit for
33 the official record of the Court. The clerk may recover
34 from the person making the maintenance or child support
-29- LRB9103154DJcdam03
1 payment any additional cost incurred in the collection
2 of this annual fee.
3 The clerk shall also be entitled to a fee of $5 for
4 certifications made to the Secretary of State as provided
5 in Section 7-703 of the Family Financial Responsibility
6 Law and these fees shall also be deposited into the
7 Separate Maintenance and Child Support Collection Fund.
8 (cc) Corrections of Numbers.
9 For correction of the case number, case title, or
10 attorney computer identification number, if required by
11 rule of court, on any document filed in the clerk's
12 office, to be charged against the party that filed the
13 document, $15.
14 (dd) Exceptions.
15 (1) The fee requirements of this Section shall not
16 apply to police departments or other law enforcement
17 agencies. In this Section, "law enforcement agency"
18 means an agency of the State or a unit of local
19 government which is vested by law or ordinance with the
20 duty to maintain public order and to enforce criminal
21 laws or ordinances. "Law enforcement agency" also means
22 the Attorney General or any state's attorney.
23 (2) No fee provided herein shall be charged to any
24 unit of local government or school district.
25 (3) The fee requirements of this Section shall not
26 apply to any action instituted under subsection (b) of
27 Section 11-31-1 of the Illinois Municipal Code by a
28 private owner or tenant of real property within 1200 feet
29 of a dangerous or unsafe building seeking an order
30 compelling the owner or owners of the building to take
31 any of the actions authorized under that subsection.
32 (ee) Adoptions.
33 (1) For an adoption.............................$65
34 (2) Upon good cause shown, the court may waive the
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1 adoption filing fee in a special needs adoption. The
2 term "special needs adoption" shall have the meaning
3 ascribed to it by the Illinois Department of Children and
4 Family Services.
5 (ff) Adoption exemptions.
6 No fee other than that set forth in subsection (ee)
7 shall be charged to any person in connection with an
8 adoption proceeding.
9 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
10 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
11 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
12 Sec. 27.2. The fees of the clerks of the circuit court
13 in all counties having a population in excess of 650,000
14 inhabitants but less than 3,000,000 inhabitants in the
15 instances described in this Section shall be as provided in
16 this Section. In addition, the fees provided in this Section
17 shall apply to all units of local government and school
18 districts in counties with more than 3,000,000 inhabitants.
19 The fees shall be paid in advance and shall be as follows:
20 (a) Civil Cases.
21 The fee for filing a complaint, petition, or other
22 pleading initiating a civil action, with the following
23 exceptions, shall be $150.
24 (A) When the amount of money or damages or the
25 value of personal property claimed does not exceed
26 $250, $10.
27 (B) When that amount exceeds $250 but does not
28 exceed $500, $20.
29 (C) When that amount exceeds $500 but does not
30 exceed $2500, $30.
31 (D) When that amount exceeds $2500 but does
32 not exceed $15,000, $75.
33 (E) For the exercise of eminent domain, $150.
-31- LRB9103154DJcdam03
1 For each additional lot or tract of land or right or
2 interest therein subject to be condemned, the
3 damages in respect to which shall require separate
4 assessment by a jury, $150.
5 (b) Forcible Entry and Detainer.
6 In each forcible entry and detainer case when the
7 plaintiff seeks possession only or unites with his or her
8 claim for possession of the property a claim for rent or
9 damages or both in the amount of $15,000 or less, $40.
10 When the plaintiff unites his or her claim for possession
11 with a claim for rent or damages or both exceeding
12 $15,000, $150.
13 (c) Counterclaim or Joining Third Party Defendant.
14 When any defendant files a counterclaim as part of
15 his or her answer or otherwise or joins another party as
16 a third party defendant, or both, the defendant shall pay
17 a fee for each counterclaim or third party action in an
18 amount equal to the fee he or she would have had to pay
19 had he or she brought a separate action for the relief
20 sought in the counterclaim or against the third party
21 defendant, less the amount of the appearance fee, if that
22 has been paid.
23 (d) Confession of Judgment.
24 In a confession of judgment when the amount does not
25 exceed $1500, $50. When the amount exceeds $1500, but
26 does not exceed $15,000, $115. When the amount exceeds
27 $15,000, $200.
28 (e) Appearance.
29 The fee for filing an appearance in each civil case
30 shall be $50, except as follows:
31 (A) When the plaintiff in a forcible entry and
32 detainer case seeks possession only; $20.
33 (B) When the amount in the case does not
34 exceed $1500, $20.
-32- LRB9103154DJcdam03
1 (C) When that amount exceeds $1500 but does
2 not exceed $15,000, $40.
3 (f) Garnishment, Wage Deduction, and Citation.
4 In garnishment affidavit, wage deduction affidavit,
5 and citation petition when the amount does not exceed
6 $1,000, $10; when the amount exceeds $1,000 but does not
7 exceed $5,000, $20; and when the amount exceeds $5,000,
8 $30.
9 (g) Petition to Vacate or Modify.
10 (1) Petition to vacate or modify any final judgment
11 or order of court, except in forcible entry and detainer
12 cases and small claims cases or a petition to reopen an
13 estate, to modify, terminate, or enforce a judgment or
14 order for child or spousal support, or to modify,
15 suspend, or terminate an order for withholding, if filed
16 before 30 days after the entry of the judgment or order,
17 $40.
18 (2) Petition to vacate or modify any final judgment
19 or order of court, except a petition to modify,
20 terminate, or enforce a judgment or order for child or
21 spousal support or to modify, suspend, or terminate an
22 order for withholding, if filed later than 30 days after
23 the entry of the judgment or order, $60.
24 (3) Petition to vacate order of bond forfeiture,
25 $20.
26 (h) Mailing.
27 When the clerk is required to mail, the fee will be
28 $6, plus the cost of postage.
29 (i) Certified Copies.
30 Each certified copy of a judgment after the first,
31 except in small claims and forcible entry and detainer
32 cases, $10.
33 (j) Habeas Corpus.
34 For filing a petition for relief by habeas corpus,
-33- LRB9103154DJcdam03
1 $80.
2 (k) Certification, Authentication, and Reproduction.
3 (1) Each certification or authentication for taking
4 the acknowledgment of a deed or other instrument in
5 writing with the seal of office, $4.
6 (2) Court appeals when original documents are
7 forwarded, under 100 pages, plus delivery and costs, $50.
8 (3) Court appeals when original documents are
9 forwarded, over 100 pages, plus delivery and costs, $120.
10 (4) Court appeals when original documents are
11 forwarded, over 200 pages, an additional fee of 20 cents
12 per page.
13 (5) For reproduction of any document contained in
14 the clerk's files:
15 (A) First page, $2.
16 (B) Next 19 pages, 50 cents per page.
17 (C) All remaining pages, 25 cents per page.
18 (l) Remands.
19 In any cases remanded to the Circuit Court from the
20 Supreme Court or the Appellate Court for a new trial, the
21 clerk shall file the remanding order and reinstate the
22 case with either its original number or a new number.
23 The Clerk shall not charge any new or additional fee for
24 the reinstatement. Upon reinstatement the Clerk shall
25 advise the parties of the reinstatement. A party shall
26 have the same right to a jury trial on remand and
27 reinstatement as he or she had before the appeal, and no
28 additional or new fee or charge shall be made for a jury
29 trial after remand.
30 (m) Record Search.
31 For each record search, within a division or
32 municipal district, the clerk shall be entitled to a
33 search fee of $4 for each year searched.
34 (n) Hard Copy.
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1 For each page of hard copy print output, when case
2 records are maintained on an automated medium, the clerk
3 shall be entitled to a fee of $4.
4 (o) Index Inquiry and Other Records.
5 No fee shall be charged for a single
6 plaintiff/defendant index inquiry or single case record
7 inquiry when this request is made in person and the
8 records are maintained in a current automated medium, and
9 when no hard copy print output is requested. The fees to
10 be charged for management records, multiple case records,
11 and multiple journal records may be specified by the
12 Chief Judge pursuant to the guidelines for access and
13 dissemination of information approved by the Supreme
14 Court.
15 (p) Commitment Petitions.
16 For filing commitment petitions under the Mental
17 Health and Developmental Disabilities Code, $25.
18 (q) Alias Summons.
19 For each alias summons or citation issued by the
20 clerk, $4.
21 (r) Other Fees.
22 Any fees not covered in this Section shall be set by
23 rule or administrative order of the Circuit Court with
24 the approval of the Administrative Office of the Illinois
25 Courts.
26 The clerk of the circuit court may provide
27 additional services for which there is no fee specified
28 by statute in connection with the operation of the
29 clerk's office as may be requested by the public and
30 agreed to by the clerk and approved by the chief judge of
31 the circuit court. Any charges for additional services
32 shall be as agreed to between the clerk and the party
33 making the request and approved by the chief judge of the
34 circuit court. Nothing in this subsection shall be
-35- LRB9103154DJcdam03
1 construed to require any clerk to provide any service not
2 otherwise required by law.
3 (s) Jury Services.
4 The clerk shall be entitled to receive, in addition
5 to other fees allowed by law, the sum of $192.50, as a
6 fee for the services of a jury in every civil action not
7 quasi-criminal in its nature and not a proceeding for the
8 exercise of the right of eminent domain and in every
9 other action wherein the right of trial by jury is or may
10 be given by law. The jury fee shall be paid by the party
11 demanding a jury at the time of filing the jury demand.
12 If the fee is not paid by either party, no jury shall be
13 called in the action or proceeding, and the same shall be
14 tried by the court without a jury.
15 (t) Voluntary Assignment.
16 For filing each deed of voluntary assignment, $10;
17 for recording the same, 25¢ for each 100 words.
18 Exceptions filed to claims presented to an assignee of a
19 debtor who has made a voluntary assignment for the
20 benefit of creditors shall be considered and treated, for
21 the purpose of taxing costs therein, as actions in which
22 the party or parties filing the exceptions shall be
23 considered as party or parties plaintiff, and the
24 claimant or claimants as party or parties defendant, and
25 those parties respectively shall pay to the clerk the
26 same fees as provided by this Section to be paid in other
27 actions.
28 (u) Expungement Petition.
29 The clerk shall be entitled to receive a fee of $30
30 for each expungement petition filed and an additional fee
31 of $2 for each certified copy of an order to expunge
32 arrest records.
33 (v) Probate.
34 The clerk is entitled to receive the fees specified in
-36- LRB9103154DJcdam03
1 this subsection (v), which shall be paid in advance, except
2 that, for good cause shown, the court may suspend, reduce, or
3 release the costs payable under this subsection:
4 (1) For administration of the estate of a decedent
5 (whether testate or intestate) or of a missing person,
6 $100, plus the fees specified in subsection (v)(3),
7 except:
8 (A) When the value of the real and personal
9 property does not exceed $15,000, the fee shall be
10 $25.
11 (B) When (i) proof of heirship alone is made,
12 (ii) a domestic or foreign will is admitted to
13 probate without administration (including proof of
14 heirship), or (iii) letters of office are issued for
15 a particular purpose without administration of the
16 estate, the fee shall be $25.
17 (2) For administration of the estate of a ward,
18 $50, plus the fees specified in subsection (v)(3),
19 except:
20 (A) When the value of the real and personal
21 property does not exceed $15,000, the fee shall be
22 $25.
23 (B) When (i) letters of office are issued to a
24 guardian of the person or persons, but not of the
25 estate or (ii) letters of office are issued in the
26 estate of a ward without administration of the
27 estate, including filing or joining in the filing of
28 a tax return or releasing a mortgage or consenting
29 to the marriage of the ward, the fee shall be $10.
30 (3) In addition to the fees payable under
31 subsection (v)(1) or (v)(2) of this Section, the
32 following fees are payable:
33 (A) For each account (other than one final
34 account) filed in the estate of a decedent, or ward,
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1 $15.
2 (B) For filing a claim in an estate when the
3 amount claimed is $150 or more but less than $500,
4 $10; when the amount claimed is $500 or more but
5 less than $10,000, $25; when the amount claimed is
6 $10,000 or more, $40; provided that the court in
7 allowing a claim may add to the amount allowed the
8 filing fee paid by the claimant.
9 (C) For filing in an estate a claim, petition,
10 or supplemental proceeding based upon an action
11 seeking equitable relief including the construction
12 or contest of a will, enforcement of a contract to
13 make a will, and proceedings involving testamentary
14 trusts or the appointment of testamentary trustees,
15 $40.
16 (D) For filing in an estate (i) the appearance
17 of any person for the purpose of consent or (ii) the
18 appearance of an executor, administrator,
19 administrator to collect, guardian, guardian ad
20 litem, or special administrator, no fee.
21 (E) Except as provided in subsection
22 (v)(3)(D), for filing the appearance of any person
23 or persons, $10.
24 (F) For each jury demand, $102.50.
25 (G) For disposition of the collection of a
26 judgment or settlement of an action or claim for
27 wrongful death of a decedent or of any cause of
28 action of a ward, when there is no other
29 administration of the estate, $30, less any amount
30 paid under subsection (v)(1)(B) or (v)(2)(B) except
31 that if the amount involved does not exceed $5,000,
32 the fee, including any amount paid under subsection
33 (v)(1)(B) or (v)(2)(B), shall be $10.
34 (H) For each certified copy of letters of
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1 office, of court order or other certification, $1,
2 plus 50¢ per page in excess of 3 pages for the
3 document certified.
4 (I) For each exemplification, $1, plus the fee
5 for certification.
6 (4) The executor, administrator, guardian,
7 petitioner, or other interested person or his or her
8 attorney shall pay the cost of publication by the clerk
9 directly to the newspaper.
10 (5) The person on whose behalf a charge is incurred
11 for witness, court reporter, appraiser, or other
12 miscellaneous fee shall pay the same directly to the
13 person entitled thereto.
14 (6) The executor, administrator, guardian,
15 petitioner, or other interested person or his attorney
16 shall pay to the clerk all postage charges incurred by
17 the clerk in mailing petitions, orders, notices, or other
18 documents pursuant to the provisions of the Probate Act
19 of 1975.
20 (w) Criminal and Quasi-Criminal Costs and Fees.
21 (1) The clerk shall be entitled to costs in all
22 criminal and quasi-criminal cases from each person
23 convicted or sentenced to supervision therein as follows:
24 (A) Felony complaints, $80.
25 (B) Misdemeanor complaints, $50.
26 (C) Business offense complaints, $50.
27 (D) Petty offense complaints, $50.
28 (E) Minor traffic or ordinance violations,
29 $20.
30 (F) When court appearance required, $30.
31 (G) Motions to vacate or amend final orders,
32 $20.
33 (H) Motions to vacate bond forfeiture orders,
34 $20.
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1 (I) Motions to vacate ex parte judgments,
2 whenever filed, $20.
3 (J) Motions to vacate judgment on forfeitures,
4 whenever filed, $20.
5 (K) Motions to vacate "failure to appear" or
6 "failure to comply" notices sent to the Secretary of
7 State, $20.
8 (2) In counties having a population of more than
9 650,000 but fewer than 3,000,000 inhabitants, when the
10 violation complaint is issued by a municipal police
11 department, the clerk shall be entitled to costs from
12 each person convicted therein as follows:
13 (A) Minor traffic or ordinance violations,
14 $10.
15 (B) When court appearance required, $15.
16 (3) In ordinance violation cases punishable by fine
17 only, the clerk of the circuit court shall be entitled to
18 receive, unless the fee is excused upon a finding by the
19 court that the defendant is indigent, in addition to
20 other fees or costs allowed or imposed by law, the sum of
21 $50 as a fee for the services of a jury. The jury fee
22 shall be paid by the defendant at the time of filing his
23 or her jury demand. If the fee is not so paid by the
24 defendant, no jury shall be called, and the case shall be
25 tried by the court without a jury.
26 (x) Transcripts of Judgment.
27 For the filing of a transcript of judgment, the
28 clerk shall be entitled to the same fee as if it were the
29 commencement of new suit.
30 (y) Change of Venue.
31 (1) For the filing of a change of case on a change
32 of venue, the clerk shall be entitled to the same fee as
33 if it were the commencement of a new suit.
34 (2) The fee for the preparation and certification
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1 of a record on a change of venue to another jurisdiction,
2 when original documents are forwarded, $25.
3 (z) Tax objection complaints.
4 For each tax objection complaint containing one or
5 more tax objections, regardless of the number of parcels
6 involved or the number of taxpayers joining in the
7 complaint, $25.
8 (aa) Tax Deeds.
9 (1) Petition for tax deed, if only one parcel is
10 involved, $150.
11 (2) For each additional parcel, add a fee of $50.
12 (bb) Collections.
13 (1) For all collections made of others, except the
14 State and county and except in maintenance or child
15 support cases, a sum equal to 2.5% of the amount
16 collected and turned over.
17 (2) Interest earned on any funds held by the clerk
18 shall be turned over to the county general fund as an
19 earning of the office.
20 (3) For any check, draft, or other bank instrument
21 returned to the clerk for non-sufficient funds, account
22 closed, or payment stopped, $25.
23 (4) In child support and maintenance cases, the
24 clerk, if authorized by an ordinance of the county board,
25 may collect an annual fee of up to $36 from the person
26 making payment for maintaining child support records and
27 the processing of support orders to the State of Illinois
28 KIDS system and the recording of payments issued by the
29 State Disbursement Unit for the official record of the
30 Court. After June 30, 2000, in each case in which support
31 payments must be made to the State Disbursement Unit as
32 provided in Section 10-10.4 of the Illinois Public Aid
33 Code, Section 507.1 of the Illinois Marriage and
34 Dissolution of Marriage Act, or Section 21.1 of the
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1 Illinois Parentage Act of 1984, the Clerk shall retain $5
2 of the fee and transmit the remaining $31 to the State
3 Treasurer for deposit into the Child Support Enforcement
4 Trust Fund.
5 This $36 annual fee shall be in addition to and
6 separate from amounts ordered to be paid as maintenance
7 or child support and shall be deposited into a Separate
8 Maintenance and Child Support Collection Fund, of which
9 the clerk shall be the custodian, ex-officio, to be used
10 by the clerk to maintain child support orders and record
11 all payments issued by the State Disbursement Unit for
12 the official record of the Court. The clerk may recover
13 from the person making the maintenance or child support
14 payment any additional cost incurred in the collection of
15 this annual fee.
16 The clerk shall also be entitled to a fee of $5 for
17 certifications made to the Secretary of State as provided
18 in Section 7-703 of the Family Financial Responsibility
19 Law and these fees shall also be deposited into the
20 Separate Maintenance and Child Support Collection Fund.
21 (cc) Corrections of Numbers.
22 For correction of the case number, case title, or
23 attorney computer identification number, if required by
24 rule of court, on any document filed in the clerk's
25 office, to be charged against the party that filed the
26 document, $15.
27 (dd) Exceptions.
28 The fee requirements of this Section shall not apply
29 to police departments or other law enforcement agencies.
30 In this Section, "law enforcement agency" means an agency
31 of the State or a unit of local government which is
32 vested by law or ordinance with the duty to maintain
33 public order and to enforce criminal laws or ordinances.
34 "Law enforcement agency" also means the Attorney General
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1 or any state's attorney. The fee requirements of this
2 Section shall not apply to any action instituted under
3 subsection (b) of Section 11-31-1 of the Illinois
4 Municipal Code by a private owner or tenant of real
5 property within 1200 feet of a dangerous or unsafe
6 building seeking an order compelling the owner or owners
7 of the building to take any of the actions authorized
8 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 105/27.2a) (from Ch. 25, par. 27.2a)
23 Sec. 27.2a. The fees of the clerks of the circuit court
24 in all counties having a population of 3,000,000 or more
25 inhabitants in the instances described in this Section shall
26 be as provided in this Section. The fees shall be paid in
27 advance and shall be as follows:
28 (a) Civil Cases.
29 The fee for filing a complaint, petition, or other
30 pleading initiating a civil action, with the following
31 exceptions, shall be $190.
32 (A) When the amount of money or damages or the
33 value of personal property claimed does not exceed
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1 $250, $15.
2 (B) When that amount exceeds $250 but does not
3 exceed $1000, $40.
4 (C) When that amount exceeds $1000 but does
5 not exceed $2500, $50.
6 (D) When that amount exceeds $2500 but does
7 not exceed $5000, $100.
8 (E) When that amount exceeds $5000 but does
9 not exceed $15,000, $150.
10 (F) For the exercise of eminent domain, $150.
11 For each additional lot or tract of land or right or
12 interest therein subject to be condemned, the
13 damages in respect to which shall require separate
14 assessment by a jury, $150.
15 (b) Forcible Entry and Detainer.
16 In each forcible entry and detainer case when the
17 plaintiff seeks possession only or unites with his or her
18 claim for possession of the property a claim for rent or
19 damages or both in the amount of $15,000 or less, $75.
20 When the plaintiff unites his or her claim for possession
21 with a claim for rent or damages or both exceeding
22 $15,000, $225.
23 (c) Counterclaim or Joining Third Party Defendant.
24 When any defendant files a counterclaim as part of
25 his or her answer or otherwise or joins another party as
26 a third party defendant, or both, the defendant shall pay
27 a fee for each counterclaim or third party action in an
28 amount equal to the fee he or she would have had to pay
29 had he or she brought a separate action for the relief
30 sought in the counterclaim or against the third party
31 defendant, less the amount of the appearance fee, if that
32 has been paid.
33 (d) Confession of Judgment.
34 In a confession of judgment when the amount does not
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1 exceed $1500, $60. When the amount exceeds $1500, but
2 does not exceed $5000, $75. When the amount exceeds
3 $5000, but does not exceed $15,000, $175. When the amount
4 exceeds $15,000, $250.
5 (e) Appearance.
6 The fee for filing an appearance in each civil case
7 shall be $75, except as follows:
8 (A) When the plaintiff in a forcible entry and
9 detainer case seeks possession only, $40.
10 (B) When the amount in the case does not
11 exceed $1500, $40.
12 (C) When that amount exceeds $1500 but does
13 not exceed $15,000, $60.
14 (f) Garnishment, Wage Deduction, and Citation.
15 In garnishment affidavit, wage deduction affidavit,
16 and citation petition when the amount does not exceed
17 $1,000, $15; when the amount exceeds $1,000 but does not
18 exceed $5,000, $30; and when the amount exceeds $5,000,
19 $50.
20 (g) Petition to Vacate or Modify.
21 (1) Petition to vacate or modify any final judgment
22 or order of court, except in forcible entry and detainer
23 cases and small claims cases or a petition to reopen an
24 estate, to modify, terminate, or enforce a judgment or
25 order for child or spousal support, or to modify,
26 suspend, or terminate an order for withholding, if filed
27 before 30 days after the entry of the judgment or order,
28 $50.
29 (2) Petition to vacate or modify any final judgment
30 or order of court, except a petition to modify,
31 terminate, or enforce a judgment or order for child or
32 spousal support or to modify, suspend, or terminate an
33 order for withholding, if filed later than 30 days after
34 the entry of the judgment or order, $75.
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1 (3) Petition to vacate order of bond forfeiture,
2 $40.
3 (h) Mailing.
4 When the clerk is required to mail, the fee will be
5 $10, plus the cost of postage.
6 (i) Certified Copies.
7 Each certified copy of a judgment after the first,
8 except in small claims and forcible entry and detainer
9 cases, $15.
10 (j) Habeas Corpus.
11 For filing a petition for relief by habeas corpus,
12 $125.
13 (k) Certification, Authentication, and Reproduction.
14 (1) Each certification or authentication for taking
15 the acknowledgment of a deed or other instrument in
16 writing with the seal of office, $6.
17 (2) Court appeals when original documents are
18 forwarded, under 100 pages, plus delivery and costs, $75.
19 (3) Court appeals when original documents are
20 forwarded, over 100 pages, plus delivery and costs, $150.
21 (4) Court appeals when original documents are
22 forwarded, over 200 pages, an additional fee of 25 cents
23 per page.
24 (5) For reproduction of any document contained in
25 the clerk's files:
26 (A) First page, $2.
27 (B) Next 19 pages, 50 cents per page.
28 (C) All remaining pages, 25 cents per page.
29 (l) Remands.
30 In any cases remanded to the Circuit Court from the
31 Supreme Court or the Appellate Court for a new trial, the
32 clerk shall file the remanding order and reinstate the
33 case with either its original number or a new number.
34 The Clerk shall not charge any new or additional fee for
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1 the reinstatement. Upon reinstatement the Clerk shall
2 advise the parties of the reinstatement. A party shall
3 have the same right to a jury trial on remand and
4 reinstatement as he or she had before the appeal, and no
5 additional or new fee or charge shall be made for a jury
6 trial after remand.
7 (m) Record Search.
8 For each record search, within a division or
9 municipal district, the clerk shall be entitled to a
10 search fee of $6 for each year searched.
11 (n) Hard Copy.
12 For each page of hard copy print output, when case
13 records are maintained on an automated medium, the clerk
14 shall be entitled to a fee of $6.
15 (o) Index Inquiry and Other Records.
16 No fee shall be charged for a single
17 plaintiff/defendant index inquiry or single case record
18 inquiry when this request is made in person and the
19 records are maintained in a current automated medium, and
20 when no hard copy print output is requested. The fees to
21 be charged for management records, multiple case records,
22 and multiple journal records may be specified by the
23 Chief Judge pursuant to the guidelines for access and
24 dissemination of information approved by the Supreme
25 Court.
26 (p) Commitment Petitions.
27 For filing commitment petitions under the Mental
28 Health and Developmental Disabilities Code, $50.
29 (q) Alias Summons.
30 For each alias summons or citation issued by the
31 clerk, $5.
32 (r) Other Fees.
33 Any fees not covered in this Section shall be set by
34 rule or administrative order of the Circuit Court with
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1 the approval of the Administrative Office of the Illinois
2 Courts.
3 The clerk of the circuit court may provide
4 additional services for which there is no fee specified
5 by statute in connection with the operation of the
6 clerk's office as may be requested by the public and
7 agreed to by the clerk and approved by the chief judge of
8 the circuit court. Any charges for additional services
9 shall be as agreed to between the clerk and the party
10 making the request and approved by the chief judge of the
11 circuit court. Nothing in this subsection shall be
12 construed to require any clerk to provide any service not
13 otherwise required by law.
14 (s) Jury Services.
15 The clerk shall be entitled to receive, in addition
16 to other fees allowed by law, the sum of $212.50, as a
17 fee for the services of a jury in every civil action not
18 quasi-criminal in its nature and not a proceeding for the
19 exercise of the right of eminent domain and in every
20 other action wherein the right of trial by jury is or may
21 be given by law. The jury fee shall be paid by the party
22 demanding a jury at the time of filing the jury demand.
23 If the fee is not paid by either party, no jury shall be
24 called in the action or proceeding, and the same shall be
25 tried by the court without a jury.
26 (t) Voluntary Assignment.
27 For filing each deed of voluntary assignment, $20;
28 for recording the same, 50¢ for each 100 words.
29 Exceptions filed to claims presented to an assignee of a
30 debtor who has made a voluntary assignment for the
31 benefit of creditors shall be considered and treated, for
32 the purpose of taxing costs therein, as actions in which
33 the party or parties filing the exceptions shall be
34 considered as party or parties plaintiff, and the
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1 claimant or claimants as party or parties defendant, and
2 those parties respectively shall pay to the clerk the
3 same fees as provided by this Section to be paid in other
4 actions.
5 (u) Expungement Petition.
6 The clerk shall be entitled to receive a fee of $60
7 for each expungement petition filed and an additional fee
8 of $4 for each certified copy of an order to expunge
9 arrest records.
10 (v) Probate.
11 The clerk is entitled to receive the fees specified in
12 this subsection (v), which shall be paid in advance, except
13 that, for good cause shown, the court may suspend, reduce, or
14 release the costs payable under this subsection:
15 (1) For administration of the estate of a decedent
16 (whether testate or intestate) or of a missing person,
17 $150, plus the fees specified in subsection (v)(3),
18 except:
19 (A) When the value of the real and personal
20 property does not exceed $15,000, the fee shall be
21 $40.
22 (B) When (i) proof of heirship alone is made,
23 (ii) a domestic or foreign will is admitted to
24 probate without administration (including proof of
25 heirship), or (iii) letters of office are issued for
26 a particular purpose without administration of the
27 estate, the fee shall be $40.
28 (2) For administration of the estate of a ward,
29 $75, plus the fees specified in subsection (v)(3),
30 except:
31 (A) When the value of the real and personal
32 property does not exceed $15,000, the fee shall be
33 $40.
34 (B) When (i) letters of office are issued to a
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1 guardian of the person or persons, but not of the
2 estate or (ii) letters of office are issued in the
3 estate of a ward without administration of the
4 estate, including filing or joining in the filing of
5 a tax return or releasing a mortgage or consenting
6 to the marriage of the ward, the fee shall be $20.
7 (3) In addition to the fees payable under
8 subsection (v)(1) or (v)(2) of this Section, the
9 following fees are payable:
10 (A) For each account (other than one final
11 account) filed in the estate of a decedent, or ward,
12 $25.
13 (B) For filing a claim in an estate when the
14 amount claimed is $150 or more but less than $500,
15 $20; when the amount claimed is $500 or more but
16 less than $10,000, $40; when the amount claimed is
17 $10,000 or more, $60; provided that the court in
18 allowing a claim may add to the amount allowed the
19 filing fee 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 $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, $30.
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1 (F) For each jury demand, $137.50.
2 (G) For disposition of the collection of a
3 judgment or settlement of an action or claim for
4 wrongful death of a decedent or of any cause of
5 action of a ward, when there is no other
6 administration of the estate, $50, less any amount
7 paid under subsection (v)(1)(B) or (v)(2)(B) except
8 that if the amount involved does not exceed $5,000,
9 the fee, including any amount paid under subsection
10 (v)(1)(B) or (v)(2)(B), shall be $20.
11 (H) For each certified copy of letters of
12 office, of court order or other certification, $2,
13 plus $1 per page in excess of 3 pages for the
14 document certified.
15 (I) For each exemplification, $2, plus the fee
16 for certification.
17 (4) The executor, administrator, guardian,
18 petitioner, or other interested person or his or her
19 attorney shall pay the cost of publication by the clerk
20 directly to the newspaper.
21 (5) The person on whose behalf a charge is incurred
22 for witness, court reporter, appraiser, or other
23 miscellaneous fee shall pay the same directly to the
24 person entitled thereto.
25 (6) The executor, administrator, guardian,
26 petitioner, or other interested person or his or her
27 attorney shall pay to the clerk all postage charges
28 incurred by the clerk in mailing petitions, orders,
29 notices, or other documents pursuant to the provisions of
30 the Probate Act of 1975.
31 (w) Criminal and Quasi-Criminal Costs and Fees.
32 (1) The clerk shall be entitled to costs in all
33 criminal and quasi-criminal cases from each person
34 convicted or sentenced to supervision therein as follows:
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1 (A) Felony complaints, $125.
2 (B) Misdemeanor complaints, $75.
3 (C) Business offense complaints, $75.
4 (D) Petty offense complaints, $75.
5 (E) Minor traffic or ordinance violations,
6 $30.
7 (F) When court appearance required, $50.
8 (G) Motions to vacate or amend final orders,
9 $40.
10 (H) Motions to vacate bond forfeiture orders,
11 $30.
12 (I) Motions to vacate ex parte judgments,
13 whenever filed, $30.
14 (J) Motions to vacate judgment on forfeitures,
15 whenever filed, $25.
16 (K) Motions to vacate "failure to appear" or
17 "failure to comply" notices sent to the Secretary of
18 State, $40.
19 (2) In counties having a population of 3,000,000 or
20 more, when the violation complaint is issued by a
21 municipal police department, the clerk shall be entitled
22 to costs from each person convicted therein as follows:
23 (A) Minor traffic or ordinance violations,
24 $30.
25 (B) When court appearance required, $50.
26 (3) In ordinance violation cases punishable by fine
27 only, the clerk of the circuit court shall be entitled to
28 receive, unless the fee is excused upon a finding by the
29 court that the defendant is indigent, in addition to
30 other fees or costs allowed or imposed by law, the sum of
31 $112.50 as a fee for the services of a jury. The jury
32 fee shall be paid by the defendant at the time of filing
33 his or her jury demand. If the fee is not so paid by the
34 defendant, no jury shall be called, and the case shall be
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1 tried by the court without a jury.
2 (x) Transcripts of Judgment.
3 For the filing of a transcript of judgment, the
4 clerk shall be entitled to the same fee as if it were the
5 commencement of a new suit.
6 (y) Change of Venue.
7 (1) For the filing of a change of case on a change
8 of venue, the clerk shall be entitled to the same fee as
9 if it were the commencement of a new suit.
10 (2) The fee for the preparation and certification
11 of a record on a change of venue to another jurisdiction,
12 when original documents are forwarded, $40.
13 (z) Tax objection complaints.
14 For each tax objection complaint containing one or
15 more tax objections, regardless of the number of parcels
16 involved or the number of taxpayers joining in the
17 complaint, $50.
18 (aa) Tax Deeds.
19 (1) Petition for tax deed, if only one parcel is
20 involved, $250.
21 (2) For each additional parcel, add a fee of $100.
22 (bb) Collections.
23 (1) For all collections made of others, except the
24 State and county and except in maintenance or child
25 support cases, a sum equal to 3.0% of the amount
26 collected and turned over.
27 (2) Interest earned on any funds held by the clerk
28 shall be turned over to the county general fund as an
29 earning of the office.
30 (3) For any check, draft, or other bank instrument
31 returned to the clerk for non-sufficient funds, account
32 closed, or payment stopped, $25.
33 (4) In child support and maintenance cases, the
34 clerk, if authorized by an ordinance of the county board,
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1 may collect an annual fee of up to $36 from the person
2 making payment for maintaining child support records and
3 the processing of support orders to the State of Illinois
4 KIDS system and the recording of payments issued by the
5 State Disbursement Unit for the official record of the
6 Court. After June 30, 2000, in each case in which support
7 payments must be made to the State Disbursement Unit as
8 provided in Section 10-10.4 of the Illinois Public Aid
9 Code, Section 507.1 of the Illinois Marriage and
10 Dissolution of Marriage Act, or Section 21.1 of the
11 Illinois Parentage Act of 1984, the Clerk shall retain $5
12 of the fee and transmit the remaining $31 to the State
13 Treasurer for deposit into the Child Support Enforcement
14 Trust Fund.
15 This $36 annual fee shall be in addition to and
16 separate from amounts ordered to be paid as maintenance
17 or child support and shall be deposited into a Separate
18 Maintenance and Child Support Collection Fund, of which
19 the clerk shall be the custodian, ex-officio, to be used
20 by the clerk to maintain child support orders and record
21 all payments issued by the State Disbursement Unit for
22 the official record of the Court. The clerk may recover
23 from the person making the maintenance or child support
24 payment any additional cost incurred in the collection of
25 this annual fee.
26 The clerk shall also be entitled to a fee of $5 for
27 certifications made to the Secretary of State as provided
28 in Section 7-703 of the Family Financial Responsibility
29 Law and these fees shall also be deposited into the
30 Separate Maintenance and Child Support Collection Fund.
31 (cc) Corrections of Numbers.
32 For correction of the case number, case title, or
33 attorney computer identification number, if required by
34 rule of court, on any document filed in the clerk's
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1 office, to be charged against the party that filed the
2 document, $25.
3 (dd) Exceptions.
4 (1) The fee requirements of this Section shall not
5 apply to police departments or other law enforcement
6 agencies. In this Section, "law enforcement agency"
7 means an agency of the State or a unit of local
8 government which is vested by law or ordinance with the
9 duty to maintain public order and to enforce criminal
10 laws or ordinances. "Law enforcement agency" also means
11 the Attorney General or any state's attorney.
12 (2) No fee provided herein shall be charged to any
13 unit of local government or school district. The fee
14 requirements of this Section shall not apply to any
15 action instituted under subsection (b) of Section 11-31-1
16 of the Illinois Municipal Code by a private owner or
17 tenant of real property within 1200 feet of a dangerous
18 or unsafe building seeking an order compelling the owner
19 or owners of the building to take any of the actions
20 authorized under that subsection.
21 (ee) Adoption.
22 (1) For an adoption.............................$65
23 (2) Upon good cause shown, the court may waive the
24 adoption filing fee in a special needs adoption. The
25 term "special needs adoption" shall have the meaning
26 ascribed to it by the Illinois Department of Children and
27 Family Services.
28 (ff) Adoption exemptions.
29 No fee other than that set forth in subsection (ee)
30 shall be charged to any person in connection with an
31 adoption proceeding.
32 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
33 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
34 1-1-00; 91-612, eff. 10-1-99.)
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1 Section 15. The Illinois Marriage and Dissolution of
2 Marriage Act is amended by changing Section 507.1 as follows:
3 (750 ILCS 5/507.1)
4 Sec. 507.1. Payment of Support to State Disbursement
5 Unit.
6 (a) As used in this Section:
7 "Order for support", "obligor", "obligee", and "payor"
8 mean those terms as defined in the Income Withholding for
9 Support Act, except that "order for support" shall not mean
10 orders providing for spousal maintenance under which there is
11 no child support obligation.
12 (b) Notwithstanding any other provision of this Act to
13 the contrary, each order for support entered or modified on
14 or after October 1, 1999 shall require that support payments
15 be made to the State Disbursement Unit established under
16 Section 10-26 of the Illinois Public Aid Code if:
17 (1) a party to the order is receiving child and
18 spouse support services under Article X of the Illinois
19 Public Aid Code; or
20 (2) no party to the order is receiving child and
21 spouse support services, but the support payments are
22 made through income withholding.
23 (c) The Illinois Department of Public Aid shall provide
24 notice to the obligor and, where applicable, to the obligor's
25 payor to make Support payments shall be made to the State
26 Disbursement Unit if:
27 (1) the order for support was entered before
28 October 1, 1999, and a party to the order is receiving
29 child and spouse support services under Article X of the
30 Illinois Public Aid Code; or
31 (2) the order for support was entered after January
32 1, 1994, no party to the order is receiving child and
33 spouse support services, and the support payments are
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1 being made through income withholding.
2 (c-5) If no party to the order is receiving child and
3 spouse support services under Article X of the Illinois
4 Public Aid Code, and the support payments are not made
5 through income withholding, then support payments shall be
6 made as directed by the order for support.
7 (c-10) Within 15 days after the effective date of this
8 amendatory Act of the 91st General Assembly, the Illinois
9 Department shall provide written notice to the clerk of the
10 circuit court, the obligor, and, where applicable, the
11 obligor's payor to make payments to the State Disbursement
12 Unit if:
13 (1) the order for support was entered before October
14 1, 1999, and a party to the order is receiving child and
15 spouse support services under Article X of the Illinois
16 Public Aid Code; or
17 (2) no party to the order is receiving child and
18 spouse support services, and the support payments are
19 being made through income withholding.
20 (c-15) Within 15 days after the effective date of this
21 amendatory Act of the 91st General Assembly, the clerk of the
22 circuit court shall provide written notice to the obligor to
23 make payments directly to the clerk of the circuit court if
24 no party to the order is receiving child and spouse support
25 services under Article X of the Illinois Public Aid Code, the
26 support payments are not made through income withholding, and
27 the order for support requires support payments to be made
28 directly to the clerk of the circuit court.
29 (c-20) If the State Disbursement Unit receives a support
30 payment that was not appropriately made to the Unit under
31 this Section, the Unit shall immediately return the payment
32 to the sender, including, if possible, instructions detailing
33 where to send the support payment.
34 (d) The notices notice required under subsections (c-10)
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1 and (c-15) subsection (c) may be sent by ordinary mail,
2 certified mail, return receipt requested, facsimile
3 transmission, or other electronic process, or may be served
4 upon the obligor or payor using any method provided by law
5 for service of a summons. The Illinois Department of Public
6 Aid shall provide a copy of the notice to the obligee and to
7 the clerk of the court.
8 (Source: P.A. 91-212, eff. 7-20-99.)
9 Section 20. The Uniform Interstate Family Support Act is
10 amended by adding Section 320 as follows:
11 (750 ILCS 22/320 new)
12 Sec. 320. Payment of Support to State Disbursement Unit.
13 (a) As used in this Section:
14 "Order for support", "obligor", "obligee", and "payor"
15 mean those terms as defined in the Income Withholding for
16 Support Act, except that "order for support" means an order
17 entered by any tribunal of this State but shall not mean
18 orders providing for spousal maintenance under which there is
19 no child support obligation.
20 (b) Notwithstanding any other provision of this Act to
21 the contrary, each order for support entered or modified on
22 or after October 1, 1999 shall require that support payments
23 be made to the State Disbursement Unit established under
24 Section 10-26 of the Illinois Public Aid Code if:
25 (1) a party to the order is receiving child and
26 spouse support services under Article X of the Illinois
27 Public Aid Code; or
28 (2) no party to the order is receiving child and
29 spouse support services, but the support payments are
30 made through income withholding.
31 (c) Support payments shall be made to the State
32 Disbursement Unit if:
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1 (1) the order for support was entered before October
2 1, 1999, and a party to the order is receiving child and
3 spouse support services under Article X of the Illinois
4 Public Aid Code; or
5 (2) no party to the order is receiving child and
6 spouse support services, and the support payments are
7 being made through income withholding.
8 (c-5) If no party to the order is receiving child and
9 spouse support services under Article X of the Illinois
10 Public Aid Code, and the support payments are not made
11 through income withholding, then support payments shall be
12 made as directed by the order for support.
13 (c-10) Within 15 days after the effective date of this
14 amendatory Act of the 91st General Assembly, the Illinois
15 Department shall provide written notice to the clerk of the
16 circuit court, the obligor, and, where applicable, the
17 obligor's payor to make payments to the State Disbursement
18 Unit if:
19 (1) the order for support was entered before October
20 1, 1999, and a party to the order is receiving child and
21 spouse support services under Article X of the Illinois
22 Public Aid Code; or
23 (2) no party to the order is receiving child and
24 spouse support services, and the support payments are
25 being made through income withholding.
26 (c-15) Within 15 days after the effective date of this
27 amendatory Act of the 91st General Assembly, the clerk of the
28 circuit court shall provide written notice to the obligor to
29 make payments directly to the clerk of the circuit court if
30 no party to the order is receiving child and spouse support
31 services under Article X of the Illinois Public Aid Code, the
32 support payments are not made through income withholding, and
33 the order for support requires support payments to be made
34 directly to the clerk of the circuit court.
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1 (c-20) If the State Disbursement Unit receives a support
2 payment that was not appropriately made to the Unit under
3 this Section, the Unit shall immediately return the payment
4 to the sender, including, if possible, instructions detailing
5 where to send the support payments.
6 (d) The notices required under subsections (c-10) and
7 (c-15) may be sent by ordinary mail, certified mail, return
8 receipt requested, facsimile transmission, or other
9 electronic process, or may be served upon the obligor or
10 payor using any method provided by law for service of a
11 summons. The Illinois Department of Public Aid shall provide
12 a copy of the notice to the obligee and to the clerk of the
13 court.
14 Section 25. The Illinois Parentage Act of 1984 is
15 amended by changing Section 21.1 as follows:
16 (750 ILCS 45/21.1)
17 Sec. 21.1. Payment of Support to State Disbursement Unit.
18 (a) As used in this Section:
19 "Order for support", "obligor", "obligee", and "payor"
20 mean those terms as defined in the Income Withholding for
21 Support Act, except that "order for support" shall not mean
22 orders providing for spousal maintenance under which there is
23 no child support obligation.
24 (b) Notwithstanding any other provision of this Act to
25 the contrary, each order for support entered or modified on
26 or after October 1, 1999 shall require that support payments
27 be made to the State Disbursement Unit established under
28 Section 10-26 of the Illinois Public Aid Code if:
29 (1) a party to the order is receiving child and
30 spouse support services under Article X of the Illinois
31 Public Aid Code; or
32 (2) no party to the order is receiving child and
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1 spouse support services, but the support payments are
2 made through income withholding.
3 (c) The Illinois Department of Public Aid shall provide
4 notice to the obligor and, where applicable, to the obligor's
5 payor to make Support payments shall be made to the State
6 Disbursement Unit if:
7 (1) the order for support was entered before October
8 1, 1999, and a party to the order is receiving child and
9 spouse support services under Article X of the Illinois
10 Public Aid Code; or
11 (2) the order for support was entered after January
12 1, 1994, no party to the order is receiving child and
13 spouse support services, and the support payments are
14 being made through income withholding.
15 (c-5) If no party to the order is receiving child and
16 spouse support services under Article X of the Illinois
17 Public Aid Code, and the support payments are not made
18 through income withholding, then support payments shall be
19 made as directed by the order for support.
20 (c-10) Within 15 days after the effective date of this
21 amendatory Act of the 91st General Assembly, the Illinois
22 Department shall provide written notice to the clerk of the
23 circuit court, the obligor, and, where applicable, the
24 obligor's payor to make payments to the State Disbursement
25 Unit if:
26 (1) the order for support was entered before October
27 1, 1999, and a party to the order is receiving child and
28 spouse support services under Article X of the Illinois
29 Public Aid Code; or
30 (2) no party to the order is receiving child and
31 spouse support services, and the support payments are
32 being made through income withholding.
33 (c-15) Within 15 days after the effective date of this
34 amendatory Act of the 91st General Assembly, the clerk of the
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1 circuit court shall provide written notice to the obligor to
2 make payments directly to the clerk of the circuit court if
3 no party to the order is receiving child and spouse support
4 services under Article X of the Illinois Public Aid Code, the
5 support payments are not made through income withholding, and
6 the order for support requires support payments to be made
7 directly to the clerk of the circuit court.
8 (c-20) If the State Disbursement Unit receives a support
9 payment that was not appropriately made to the Unit under
10 this Section, the Unit shall immediately return the payment
11 to the sender, including, if possible, instructions detailing
12 where to send the support payments.
13 (d) The notices notice required under subsections (c-10)
14 and (c-15) subsection (c) may be sent by ordinary mail,
15 certified mail, return receipt requested, facsimile
16 transmission, or other electronic process, or may be served
17 upon the obligor or payor using any method provided by law
18 for service of a summons. The Illinois Department of Public
19 Aid shall provide a copy of the notice to the obligee and to
20 the clerk of the court.
21 (Source: P.A. 91-212, eff. 7-20-99.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".