State of Illinois
91st General Assembly
Legislation

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91_SB1442eng

 
SB1442 Engrossed                               LRB9112732DHks

 1        AN ACT to amend the Clerks  of  Courts  Act  by  changing
 2    Section 27.2a.

 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 Section 27.2a as follows:

 7        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
 8        Sec.  27.2a.  The fees of the clerks of the circuit court
 9    in all counties having a  population  of  3,000,000  or  more
10    inhabitants  in the instances described in this Section shall
11    be as provided in this Section.  The fees shall  be  paid  in
12    advance and shall be as follows:
13    (a)  Civil Cases.
14             The  fee  for filing a complaint, petition, or other
15        pleading initiating a civil action,  with  the  following
16        exceptions, shall be $190.
17                  (A)  When the amount of money or damages or the
18             value  of  personal property claimed does not exceed
19             $250, $15.
20                  (B)  When that amount exceeds $250 but does not
21             exceed $1000, $40.
22                  (C)  When that amount exceeds  $1000  but  does
23             not exceed $2500, $50.
24                  (D)  When  that  amount  exceeds $2500 but does
25             not exceed $5000, $100.
26                  (E)  When that amount exceeds  $5000  but  does
27             not exceed $15,000, $150.
28                  (F)  For  the exercise of eminent domain, $150.
29             For each additional lot or tract of land or right or
30             interest  therein  subject  to  be  condemned,   the
31             damages  in  respect to which shall require separate
 
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 1             assessment by a jury, $150.
 2                  (G)  For the final  determination  of  parking,
 3             standing,   and   compliance  violations  and  final
 4             administrative  decisions  issued   after   hearings
 5             regarding  vehicle  immobilization  and  impoundment
 6             made  pursuant  to  Sections  3-704.1,  6-306.5, and
 7             11-208.3 of the Illinois Vehicle Code, $25.
 8    (b)  Forcible Entry and Detainer.
 9             In each forcible entry and detainer  case  when  the
10        plaintiff seeks possession only or unites with his or her
11        claim  for possession of the property a claim for rent or
12        damages or both in the amount of $15,000  or  less,  $75.
13        When the plaintiff unites his or her claim for possession
14        with  a  claim  for  rent  or  damages  or both exceeding
15        $15,000, $225.
16    (c)  Counterclaim or Joining Third Party Defendant.
17             When any defendant files a counterclaim as  part  of
18        his  or her answer or otherwise or joins another party as
19        a third party defendant, or both, the defendant shall pay
20        a fee for each counterclaim or third party action  in  an
21        amount  equal  to the fee he or she would have had to pay
22        had he or she brought a separate action  for  the  relief
23        sought  in  the  counterclaim  or against the third party
24        defendant, less the amount of the appearance fee, if that
25        has been paid.
26    (d)  Confession of Judgment.
27             In a confession of judgment when the amount does not
28        exceed $1500, $60.  When the amount  exceeds  $1500,  but
29        does  not  exceed  $5000,  $75.   When the amount exceeds
30        $5000, but does not exceed $15,000, $175. When the amount
31        exceeds $15,000, $250.
32    (e)  Appearance.
33             The fee for filing an appearance in each civil  case
34        shall be $75, except as follows:
 
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 1                  (A)  When the plaintiff in a forcible entry and
 2             detainer case seeks possession only, $40.
 3                  (B)  When  the  amount  in  the  case  does not
 4             exceed $1500, $40.
 5                  (C)  When that amount exceeds  $1500  but  does
 6             not exceed $15,000, $60.
 7    (f)  Garnishment, Wage Deduction, and Citation.
 8             In  garnishment affidavit, wage deduction affidavit,
 9        and citation petition when the  amount  does  not  exceed
10        $1,000,  $15; when the amount exceeds $1,000 but does not
11        exceed $5,000, $30; and when the amount  exceeds  $5,000,
12        $50.
13    (g)  Petition to Vacate or Modify.
14             (1)  Petition to vacate or modify any final judgment
15        or  order of court, except in forcible entry and detainer
16        cases and small claims cases or a petition to  reopen  an
17        estate,  to  modify,  terminate, or enforce a judgment or
18        order  for  child  or  spousal  support,  or  to  modify,
19        suspend, or terminate an order for withholding, if  filed
20        before  30 days after the entry of the judgment or order,
21        $50.
22             (2)  Petition to vacate or modify any final judgment
23        or  order  of  court,  except  a  petition   to   modify,
24        terminate,  or  enforce  a judgment or order for child or
25        spousal support or to modify, suspend,  or  terminate  an
26        order  for withholding, if filed later than 30 days after
27        the entry of the judgment or order, $75.
28             (3)  Petition to vacate order  of  bond  forfeiture,
29        $40.
30    (h)  Mailing.
31             When  the clerk is required to mail, the fee will be
32        $10, plus the cost of postage.
33    (i)  Certified Copies.
34             Each certified copy of a judgment after  the  first,
 
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 1        except  in  small  claims and forcible entry and detainer
 2        cases, $15.
 3    (j)  Habeas Corpus.
 4             For filing a petition for relief by  habeas  corpus,
 5        $125.
 6    (k)  Certification, Authentication, and Reproduction.
 7             (1)  Each certification or authentication for taking
 8        the  acknowledgment  of  a  deed  or  other instrument in
 9        writing with the seal of office, $6.
10             (2)  Court  appeals  when  original  documents   are
11        forwarded, under 100 pages, plus delivery and costs, $75.
12             (3)  Court   appeals  when  original  documents  are
13        forwarded, over 100 pages, plus delivery and costs, $150.
14             (4)  Court  appeals  when  original  documents   are
15        forwarded,  over 200 pages, an additional fee of 25 cents
16        per page.
17             (5)  For reproduction of any document  contained  in
18        the clerk's files:
19                  (A)  First page, $2.
20                  (B)  Next 19 pages, 50 cents per page.
21                  (C)  All remaining pages, 25 cents per page.
22    (l)  Remands.
23             In any cases remanded to the Circuit Court  from the
24        Supreme Court or the Appellate Court for a new trial, the
25        clerk  shall  file  the remanding order and reinstate the
26        case with either its original number  or  a  new  number.
27        The  Clerk shall not charge any new or additional fee for
28        the reinstatement.  Upon reinstatement  the  Clerk  shall
29        advise  the  parties of the reinstatement.  A party shall
30        have the same  right  to  a  jury  trial  on  remand  and
31        reinstatement  as he or she had before the appeal, and no
32        additional or new fee or charge shall be made for a  jury
33        trial after remand.
34    (m)  Record Search.
 
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 1             For   each  record  search,  within  a  division  or
 2        municipal district, the clerk  shall  be  entitled  to  a
 3        search fee of $6 for each year searched.
 4    (n)  Hard Copy.
 5             For  each  page of hard copy print output, when case
 6        records are maintained on an automated medium, the  clerk
 7        shall be entitled to a fee of $6.
 8    (o)  Index Inquiry and Other Records.
 9             No    fee    shall   be   charged   for   a   single
10        plaintiff/defendant index inquiry or single  case  record
11        inquiry  when  this  request  is  made  in person and the
12        records are maintained in a current automated medium, and
13        when no hard copy print output is requested.  The fees to
14        be charged for management records, multiple case records,
15        and multiple journal records  may  be  specified  by  the
16        Chief  Judge  pursuant  to  the guidelines for access and
17        dissemination of  information  approved  by  the  Supreme
18        Court.
19    (p)  Commitment Petitions.
20             For  filing  commitment  petitions  under the Mental
21        Health and Developmental Disabilities Code, $50.
22    (q)  Alias Summons.
23             For each alias summons or  citation  issued  by  the
24        clerk, $5.
25    (r)  Other Fees.
26             Any fees not covered in this Section shall be set by
27        rule  or  administrative  order of the Circuit Court with
28        the approval of the Administrative Office of the Illinois
29        Courts.
30             The  clerk  of  the  circuit   court   may   provide
31        additional  services  for which there is no fee specified
32        by statute  in  connection  with  the  operation  of  the
33        clerk's  office  as  may  be  requested by the public and
34        agreed to by the clerk and approved by the chief judge of
 
SB1442 Engrossed            -6-                LRB9112732DHks
 1        the circuit court.  Any charges for  additional  services
 2        shall  be  as  agreed  to between the clerk and the party
 3        making the request and approved by the chief judge of the
 4        circuit court.   Nothing  in  this  subsection  shall  be
 5        construed to require any clerk to provide any service not
 6        otherwise required by law.
 7    (s)  Jury Services.
 8             The  clerk shall be entitled to receive, in addition
 9        to other fees allowed by law, the sum of  $212.50,  as  a
10        fee  for the services of a jury in every civil action not
11        quasi-criminal in its nature and not a proceeding for the
12        exercise of the right of  eminent  domain  and  in  every
13        other action wherein the right of trial by jury is or may
14        be given by law.  The jury fee shall be paid by the party
15        demanding  a  jury at the time of filing the jury demand.
16        If the fee is not paid by either party, no jury shall  be
17        called in the action or proceeding, and the same shall be
18        tried by the court without a jury.
19    (t)  Voluntary Assignment.
20             For  filing  each deed of voluntary assignment, $20;
21        for  recording  the  same,  50¢  for  each   100   words.
22        Exceptions  filed to claims presented to an assignee of a
23        debtor who  has  made  a  voluntary  assignment  for  the
24        benefit of creditors shall be considered and treated, for
25        the  purpose of taxing costs therein, as actions in which
26        the party or  parties  filing  the  exceptions  shall  be
27        considered   as  party  or  parties  plaintiff,  and  the
28        claimant or claimants as party or parties defendant,  and
29        those  parties  respectively  shall  pay to the clerk the
30        same fees as provided by this Section to be paid in other
31        actions.
32    (u)  Expungement Petition.
33             The clerk shall be entitled to receive a fee of  $60
34        for each expungement petition filed and an additional fee
 
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 1        of  $4  for   each  certified copy of an order to expunge
 2        arrest records.
 3    (v)  Probate.
 4        The clerk is entitled to receive the  fees  specified  in
 5    this  subsection  (v), which shall be paid in advance, except
 6    that, for good cause shown, the court may suspend, reduce, or
 7    release the costs payable under this subsection:
 8             (1)  For administration of the estate of a  decedent
 9        (whether  testate  or  intestate) or of a missing person,
10        $150, plus  the  fees  specified  in  subsection  (v)(3),
11        except:
12                  (A)  When  the  value  of the real and personal
13             property does not exceed $15,000, the fee  shall  be
14             $40.
15                  (B)  When  (i) proof of heirship alone is made,
16             (ii) a domestic  or  foreign  will  is  admitted  to
17             probate  without  administration (including proof of
18             heirship), or (iii) letters of office are issued for
19             a particular purpose without administration  of  the
20             estate, the fee shall be $40.
21             (2)  For  administration  of  the  estate of a ward,
22        $75,  plus  the  fees  specified  in  subsection  (v)(3),
23        except:
24                  (A)  When the value of the  real  and  personal
25             property  does  not exceed $15,000, the fee shall be
26             $40.
27                  (B)  When (i) letters of office are issued to a
28             guardian of the person or persons, but  not  of  the
29             estate  or  (ii) letters of office are issued in the
30             estate of  a  ward  without  administration  of  the
31             estate, including filing or joining in the filing of
32             a  tax  return or releasing a mortgage or consenting
33             to the marriage of the ward, the fee shall be $20.
34             (3)  In  addition  to   the   fees   payable   under
 
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 1        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
 2        following fees are payable:
 3                  (A)  For each account  (other  than  one  final
 4             account) filed in the estate of a decedent, or ward,
 5             $25.
 6                  (B)  For  filing  a claim in an estate when the
 7             amount claimed is $150 or more but less  than  $500,
 8             $20;  when  the  amount  claimed is $500 or more but
 9             less than $10,000, $40; when the amount  claimed  is
10             $10,000  or  more,  $60;  provided that the court in
11             allowing a claim may add to the amount  allowed  the
12             filing fee paid by the claimant.
13                  (C)  For filing in an estate a claim, petition,
14             or  supplemental  proceeding  based  upon  an action
15             seeking equitable relief including the  construction
16             or  contest  of a will, enforcement of a contract to
17             make a will, and proceedings involving  testamentary
18             trusts  or the appointment of testamentary trustees,
19             $60.
20                  (D)  For filing in an estate (i) the appearance
21             of any person for the purpose of consent or (ii) the
22             appearance   of    an    executor,    administrator,
23             administrator  to  collect,  guardian,  guardian  ad
24             litem, or special administrator, no fee.
25                  (E)  Except    as    provided   in   subsection
26             (v)(3)(D), for filing the appearance of  any  person
27             or persons, $30.
28                  (F)  For each jury demand, $137.50.
29                  (G)  For  disposition  of  the  collection of a
30             judgment or settlement of an  action  or  claim  for
31             wrongful  death  of  a  decedent  or of any cause of
32             action  of  a  ward,  when   there   is   no   other
33             administration  of  the estate, $50, less any amount
34             paid under subsection (v)(1)(B) or (v)(2)(B)  except
 
SB1442 Engrossed            -9-                LRB9112732DHks
 1             that  if the amount involved does not exceed $5,000,
 2             the fee, including any amount paid under  subsection
 3             (v)(1)(B) or (v)(2)(B), shall be $20.
 4                  (H)  For  each  certified  copy  of  letters of
 5             office, of court order or other  certification,  $2,
 6             plus  $1  per  page  in  excess  of  3 pages for the
 7             document certified.
 8                  (I)  For each exemplification, $2, plus the fee
 9             for certification.
10             (4)  The    executor,    administrator,    guardian,
11        petitioner, or other interested  person  or  his  or  her
12        attorney  shall  pay the cost of publication by the clerk
13        directly to the newspaper.
14             (5)  The person on whose behalf a charge is incurred
15        for  witness,  court  reporter,   appraiser,   or   other
16        miscellaneous  fee  shall  pay  the  same directly to the
17        person entitled thereto.
18             (6)  The    executor,    administrator,    guardian,
19        petitioner, or other interested  person  or  his  or  her
20        attorney  shall  pay  to  the  clerk  all postage charges
21        incurred by  the  clerk  in  mailing  petitions,  orders,
22        notices, or other documents pursuant to the provisions of
23        the Probate Act of 1975.
24    (w)  Criminal and Quasi-Criminal Costs and Fees.
25             (1)  The  clerk  shall  be  entitled to costs in all
26        criminal  and  quasi-criminal  cases  from  each   person
27        convicted or sentenced to supervision therein as follows:
28                  (A)  Felony complaints, $125.
29                  (B)  Misdemeanor complaints, $75.
30                  (C)  Business offense complaints, $75.
31                  (D)  Petty offense complaints, $75.
32                  (E)  Minor  traffic  or  ordinance  violations,
33             $30.
34                  (F)  When court appearance required, $50.
 
SB1442 Engrossed            -10-               LRB9112732DHks
 1                  (G)  Motions  to  vacate or amend final orders,
 2             $40.
 3                  (H)  Motions to vacate bond forfeiture  orders,
 4             $30.
 5                  (I)  Motions  to  vacate  ex  parte  judgments,
 6             whenever filed, $30.
 7                  (J)  Motions to vacate judgment on forfeitures,
 8             whenever filed, $25.
 9                  (K)  Motions  to  vacate "failure to appear" or
10             "failure to comply" notices sent to the Secretary of
11             State, $40.
12             (2)  In counties having a population of 3,000,000 or
13        more,  when  the  violation  complaint  is  issued  by  a
14        municipal police department, the clerk shall be  entitled
15        to costs from each person convicted therein as follows:
16                  (A)  Minor  traffic  or  ordinance  violations,
17             $30.
18                  (B)  When court appearance required, $50.
19             (3)  In ordinance violation cases punishable by fine
20        only, the clerk of the circuit court shall be entitled to
21        receive,  unless the fee is excused upon a finding by the
22        court that the defendant  is  indigent,  in  addition  to
23        other fees or costs allowed or imposed by law, the sum of
24        $112.50  as  a  fee for the services of a jury.  The jury
25        fee shall be paid by the defendant at the time of  filing
26        his or her jury demand.  If the fee is not so paid by the
27        defendant, no jury shall be called, and the case shall be
28        tried by the court without a jury.
29    (x)  Transcripts of Judgment.
30             For  the  filing  of  a  transcript of judgment, the
31        clerk shall be entitled to the same fee as if it were the
32        commencement of a new suit.
33    (y)  Change of Venue.
34             (1)  For the filing of a change of case on a  change
 
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 1        of  venue, the clerk shall be entitled to the same fee as
 2        if it were the commencement of a new suit.
 3             (2)  The fee for the preparation  and  certification
 4        of a record on a change of venue to another jurisdiction,
 5        when original documents are forwarded, $40.
 6    (z)  Tax objection complaints.
 7             For  each  tax objection complaint containing one or
 8        more tax objections, regardless of the number of  parcels
 9        involved  or  the  number  of  taxpayers  joining  in the
10        complaint, $50.
11    (aa)  Tax Deeds.
12             (1)  Petition for tax deed, if only  one  parcel  is
13        involved, $250.
14             (2)  For each additional parcel, add a fee of $100.
15    (bb)  Collections.
16             (1)  For  all collections made of others, except the
17        State and county  and  except  in  maintenance  or  child
18        support  cases,  a  sum  equal  to  3.0%  of  the  amount
19        collected and turned over.
20             (2)  Interest  earned on any funds held by the clerk
21        shall be turned over to the county  general  fund  as  an
22        earning of the office.
23             (3)  For  any check, draft, or other bank instrument
24        returned to the clerk for non-sufficient  funds,  account
25        closed, or payment stopped, $25.
26             (4)  In  child  support  and  maintenance cases, the
27        clerk, if authorized by an ordinance of the county board,
28        may collect an annual fee of up to $36  from  the  person
29        making  payment for maintaining child support records and
30        the processing of support orders to the State of Illinois
31        KIDS system and the recording of payments issued  by  the
32        State  Disbursement  Unit  for the official record of the
33        Court.  This fee shall be in  addition  to  and  separate
34        from  amounts  ordered to be paid as maintenance or child
 
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 1        support  and  shall  be   deposited   into   a   Separate
 2        Maintenance  and  Child Support Collection Fund, of which
 3        the clerk shall be the custodian, ex-officio, to be  used
 4        by  the clerk to maintain child support orders and record
 5        all payments issued by the State  Disbursement  Unit  for
 6        the  official record of the Court.  The clerk may recover
 7        from the person making the maintenance or  child  support
 8        payment any additional cost incurred in the collection of
 9        this annual fee.
10             The  clerk shall also be entitled to a fee of $5 for
11        certifications made to the Secretary of State as provided
12        in Section 7-703 of the Family  Financial  Responsibility
13        Law  and  these  fees  shall  also  be deposited into the
14        Separate Maintenance and Child Support Collection Fund.
15    (cc)  Corrections of Numbers.
16             For correction of the case number,  case  title,  or
17        attorney  computer  identification number, if required by
18        rule of court, on  any  document  filed  in  the  clerk's
19        office,  to  be  charged against the party that filed the
20        document, $25.
21    (dd)  Exceptions.
22             (1)  The fee requirements of this Section shall  not
23        apply  to  police  departments  or  other law enforcement
24        agencies.  In  this  Section,  "law  enforcement  agency"
25        means  an  agency  of  the  State  or  a  unit  of  local
26        government  which  is vested by law or ordinance with the
27        duty to maintain public order  and  to  enforce  criminal
28        laws  or ordinances.  "Law enforcement agency" also means
29        the Attorney General or any state's attorney.
30             (2)  No fee provided herein shall be charged to  any
31        unit  of  local  government  or  school district. The fee
32        requirements of this  Section  shall  not  apply  to  any
33        action instituted under subsection (b) of Section 11-31-1
34        of  the  Illinois  Municipal  Code  by a private owner or
 
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 1        tenant of real property within 1200 feet of  a  dangerous
 2        or  unsafe building seeking an order compelling the owner
 3        or owners of the building to  take  any  of  the  actions
 4        authorized under that subsection.
 5    (ee)  Adoption.
 6             (1)  For an adoption.............................$65
 7             (2)  Upon  good cause shown, the court may waive the
 8        adoption filing fee in a  special  needs  adoption.   The
 9        term  "special  needs  adoption"  shall  have the meaning
10        ascribed to it by the Illinois Department of Children and
11        Family Services.
12    (ff)  Adoption exemptions.
13             No fee other than that set forth in subsection  (ee)
14        shall  be  charged  to  any  person in connection with an
15        adoption proceeding.
16    (Source: P.A.  89-92,  eff.  7-1-96;  89-593,  eff.   8-1-96;
17    90-466,  eff.  8-17-97;  90-796,  eff. 12-15-98; 91-321, eff.
18    1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.

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