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91_HB2843eng HB2843 Engrossed LRB9105364RCpr 1 AN ACT to amend the Clerks of Courts Act by changing 2 Sections 8, 13, and 16. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Clerks of Courts Act is amended by 6 changing Sections 8, 13, and 16 as follows: 7 (705 ILCS 105/8) (from Ch. 25, par. 8) 8 Sec. 8. The clerks shall, in all cases, attend in person 9 to the duties of their offices, respectively, when it is 10 practicable so to do, and shall perform all the duties 11 thereof which can reasonably be performed by one person. In 12 the performance of the duties of the office of clerk of the 13 circuit court, any such clerk, after filing with the 14 Secretary of State his or her manual signature certified by 15 him or her under oath, may execute or cause to be executed 16 with a facsimile signature, in lieu of his or her original 17 signature, all forms of process and notices issued by his or 18 her office. 19 "Facsimile signature" means a reproduction by engraving, 20 imprinting, stamping, electronic or digital execution, or 21 other means of the manual signature of an authorized officer. 22 When the seal of the clerk of the circuit court is 23 required in the execution of any process or notice issued by 24 the clerk's office, the clerk may cause the seal to be 25 printed, engraved, stamped, electronically or digitally 26 imprinted, or otherwise placed in facsimile thereon. The 27 facsimile seal has the same effect as the impression of the 28 seal. 29 (Source: P.A. 83-346.) 30 (705 ILCS 105/13) (from Ch. 25, par. 13) HB2843 Engrossed -2- LRB9105364RCpr 1 Sec. 13. The clerks shall attend the sessions of their 2 respective courts, preserve all the files,andpapers, and 3 electronic data thereof, make, keep and preserve complete 4 records of all the proceedings and determinations thereof, 5 whether those records are maintained in a documentary, 6 electronic, or digital format, except in cases otherwise 7 provided by law, and do and perform all other duties 8 pertaining to their offices, as may be required by law or the 9 rules and orders of their courts respectively. 10 Notwithstanding any other law, the right to access and 11 disseminate any court record as defined in this Act may not 12 be subject to an exclusive contract with another person or 13 entity. This Section is subject to the provisions of "The 14 Local Records Act", approved August 18, 1961, as amended. 15 (Source: P.A. 90-206, eff. 7-25-97.) 16 (705 ILCS 105/16) (from Ch. 25, par. 16) 17 Sec. 16. Records kept by the clerks of the circuit 18 courts are subject to the provisions of "The Local Records 19 Act", approved August 18, 1961, as amended. 20 Unless otherwise provided by rule or administrative order 21 of the Supreme Court, the respective clerks of the circuit 22 courts shall keep in their offices the following books or 23 electronic records: 24 1. A general or electronic docket, upon which shall be 25 entered all suits, in the order in which they are commenced. 26 2. Two well-bound books or clearly delineated electronic 27 database, to be denominated "Plaintiff's Index to Court 28 Records," and "Defendant's Index to Court Records" to be 29 maintained in an electronic format or ruled and printed 30 substantially in the following manner: 31 ............................................................. 32 Plaintiffs Defendants Kind of Date Record Pages 33 Action Commenced Book HB2843 Engrossed -3- LRB9105364RCpr 1 ............................................................. 2 ............................................................. 3 ............................................................. 4 Date of Judgment 5 judgment docket 6 ............................................................. 7 Book Page 8 ............................................................. 9 Certificate Satisfied 10 Certificate Certificate of or not Number 11 of levy of sale redemption satisfied of case 12 ............................................................. 13 Fee Book Page Book Page Book Page 14 Book 15 ............................................................. 16 All cases shall be entered in such books or electronic 17 database, in alphabetical order, by the name of each 18 plaintiff and defendant. The books or electronic database 19 shall set forth the names of the parties, kind of action, 20 date commenced, the record books and pages on which the cases 21 are recorded, the date of judgment, books and pages of the 22 judgment dockets, fee book, certificates of levy, sale and 23 redemption records on which they are entered satisfied or not 24 satisfied, and number of case. The defendant's index shall 25 be maintained in an electronic format or ruled and printed in 26 the same manner as the plaintiff's except the parties shall 27 be reversed. 28 3. Proper books of record, or electronic database with 29 indices, showing the names of all parties to any action or 30 judgment therein recorded, with a reference to the page where 31 it is recorded. 32 4. A judgment docket, in which all final judgments HB2843 Engrossed -4- LRB9105364RCpr 1 (except child support orders as hereinafter provided) shall 2 be minuted at the time they are entered, or within 60 days 3 thereafter in alphabetical order, by the name of every person 4 against whom the judgment is entered, showing, in the proper 5 columns ruled for that purpose, the names of the parties, the 6 date, nature of the judgment, amount of the judgment and 7 costs in separate items, for which it is issued, to whom 8 issued, when returned, and the manner of its enforcement; a 9 blank column shall be kept in which may be entered a note of 10 the satisfaction or other disposition of the judgment or 11 order and when satisfied by enforcement or otherwise, or set 12 aside or enjoined; the clerk shall enter a minute thereof in 13 such column, showing how disposed of, the date and the book 14 and page, where the evidence thereof is to be found. In the 15 case of child support orders or modifications of such orders 16 entered on or after May 1, 1987, the clerk shall minute such 17 orders or modifications in the manner and form provided 18 herein but shall not minute every child support installment 19 when due or every child support payment when made. Such 20 dockets may be searched by persons, at all reasonable times 21 without fee. 22 5. A fee book, in which shall be distinctly set down, in 23 items, the proper title of the cause and heads, the cost of 24 each action, including clerk's, sheriff's and witness' fees, 25 stating the name of each witness having claimed attendance in 26 respect of the trial or hearing of such action with the 27 number of days attended. It shall not be necessary to insert 28 the cost in the judgment; but whenever an action is 29 determined and final judgment entered, the costs of each 30 party litigant shall be made up and entered in such fee book, 31 which shall be considered a part of the record and judgment, 32 subject, however, at all times to be corrected by the court; 33 and the prevailing party shall be considered as having 34 recovered judgment for the amount of the costs so taxed in HB2843 Engrossed -5- LRB9105364RCpr 1 his or her favor, and the same shall be included in the 2 certified copy of such judgment, and a bill thereof 3 accompanying certified copy of the judgment. If any clerk 4 shall issue a fee bill or a bill of costs, with the certified 5 copy of the judgment without first entering the same in the 6 fee book, or if any such bill of costs or fee bill shall be 7 issued which shall not be in substance a copy of the recorded 8 bill, the same shall be void. Any person having paid such 9 bill of costs or fee bill, may recover from the clerk the 10 amount thereof, with costs of the action, in any circuit 11 court. 12 6. Such other books of record and entry as are provided 13 by law, or may be required in the proper performance of their 14 duties. All records, dockets and books required by law to be 15 kept by such clerks shall be deemed public records, and shall 16 at all times be open to inspection without fee or reward, and 17 all persons shall have free access for inspection and 18 examination to such records, docket and books, and also to 19 all papers on file in the different clerks' offices and shall 20 have the right to take memoranda and abstracts thereto. 21 7. Such other records maintained on an electronic 22 database or platform containing abbreviated forms of entries 23 on an electronic database or platform of the proceedings, 24 orders, judgments, or fees in any action of the circuit 25 court, which abbreviated forms are so prescribed, have the 26 same force and effect as if the proceedings, orders, 27 judgments, and fees were entered in full on the records of 28 the court in the form and manner set forth in this Section 29 16. 30 When a judicial circuit or county within a judicial 31 circuit has been automated, the keeping of a manual record in 32 the format provided in paragraph 1, 2, 3, 4, 5, and 6 of this 33 Section is not required. Electronic records may be 34 transferred to optical disk, digital storage media, HB2843 Engrossed -6- LRB9105364RCpr 1 microfilm, or microfiche for archival purposes. 2 (Source: P.A. 85-1156.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.