93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4911

 

Introduced 02/04/04, by Jay C. Hoffman

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.1a   from Ch. 25, par. 27.1a

    Amends the Clerks of Courts Act. Provides that, in counties with a population of 500,000 or less, the fee for minor traffic or ordinance violations is $10 or the maximum that was allowed by law on June 30, 2003 (instead of $10). Effective immediately.


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A BILL FOR

 

HB4911 LRB093 20725 LCB 46614 b

1     AN ACT concerning court fees.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Clerks of Courts Act is amended by changing
5 Section 27.1a as follows:
 
6     (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
7     Sec. 27.1a. The fees of the clerks of the circuit court in
8 all counties having a population of not more than 500,000
9 inhabitants in the instances described in this Section shall be
10 as provided in this Section. In those instances where a minimum
11 and maximum fee is stated, the clerk of the circuit court must
12 charge the minimum fee listed and may charge up to the maximum
13 fee if the county board has by resolution increased the fee.
14 The fees shall be paid in advance and shall be as follows:
15 (a) Civil Cases.
16         The fee for filing a complaint, petition, or other
17     pleading initiating a civil action, with the following
18     exceptions, shall be a minimum of $40 and a maximum of
19     $160.
20             (A) When the amount of money or damages or the
21         value of personal property claimed does not exceed
22         $250, $10.
23             (B) When that amount exceeds $250 but does not
24         exceed $500, a minimum of $10 and a maximum of $20.
25             (C) When that amount exceeds $500 but does not
26         exceed $2500, a minimum of $25 and a maximum of $40.
27             (D) When that amount exceeds $2500 but does not
28         exceed $15,000, a minimum of $25 and a maximum of $75.
29             (E) For the exercise of eminent domain, a minimum
30         of $45 and a maximum of $150. For each additional lot
31         or tract of land or right or interest therein subject
32         to be condemned, the damages in respect to which shall

 

 

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1         require separate assessment by a jury, a minimum of $45
2         and a maximum of $150.
3 (a-1) Family.
4         For filing a petition under the Juvenile Court Act of
5     1987, $25.
6         For filing a petition for a marriage license, $10.
7         For performing a marriage in court, $10.
8         For filing a petition under the Illinois Parentage Act
9     of 1984, $40.
10 (b) Forcible Entry and Detainer.
11         In each forcible entry and detainer case when the
12     plaintiff seeks possession only or unites with his or her
13     claim for possession of the property a claim for rent or
14     damages or both in the amount of $15,000 or less, a minimum
15     of $10 and a maximum of $50. When the plaintiff unites his
16     or her claim for possession with a claim for rent or
17     damages or both exceeding $15,000, a minimum of $40 and a
18     maximum of $160.
19 (c) Counterclaim or Joining Third Party Defendant.
20         When any defendant files a counterclaim as part of his
21     or her answer or otherwise or joins another party as a
22     third party defendant, or both, the defendant shall pay a
23     fee for each counterclaim or third party action in an
24     amount equal to the fee he or she would have had to pay had
25     he or she brought a separate action for the relief sought
26     in the counterclaim or against the third party defendant,
27     less the amount of the appearance fee, if that has been
28     paid.
29 (d) Confession of Judgment.
30         In a confession of judgment when the amount does not
31     exceed $1500, a minimum of $20 and a maximum of $50. When
32     the amount exceeds $1500, but does not exceed $15,000, a
33     minimum of $40 and a maximum of $115. When the amount
34     exceeds $15,000, a minimum of $40 and a maximum of $200.
35 (e) Appearance.
36         The fee for filing an appearance in each civil case

 

 

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1     shall be a minimum of $15 and a maximum of $60, except as
2     follows:
3             (A) When the plaintiff in a forcible entry and
4         detainer case seeks possession only, a minimum of $10
5         and a maximum of $50.
6             (B) When the amount in the case does not exceed
7         $1500, a minimum of $10 and a maximum of $30.
8             (C) When that amount exceeds $1500 but does not
9         exceed $15,000, a minimum of $15 and a maximum of $60.
10 (f) Garnishment, Wage Deduction, and Citation.
11         In garnishment affidavit, wage deduction affidavit,
12     and citation petition when the amount does not exceed
13     $1,000, a minimum of $5 and a maximum of $15; when the
14     amount exceeds $1,000 but does not exceed $5,000, a minimum
15     of $5 and a maximum of $30; and when the amount exceeds
16     $5,000, a minimum of $5 and a maximum of $50.
17 (g) Petition to Vacate or Modify.
18         (1) Petition to vacate or modify any final judgment or
19     order of court, except in forcible entry and detainer cases
20     and small claims cases or a petition to reopen an estate,
21     to modify, terminate, or enforce a judgment or order for
22     child or spousal support, or to modify, suspend, or
23     terminate an order for withholding, if filed before 30 days
24     after the entry of the judgment or order, a minimum of $20
25     and a maximum of $50.
26         (2) Petition to vacate or modify any final judgment or
27     order of court, except a petition to modify, terminate, or
28     enforce a judgment or order for child or spousal support or
29     to modify, suspend, or terminate an order for withholding,
30     if filed later than 30 days after the entry of the judgment
31     or order, a minimum of $20 and a maximum of $75.
32         (3) Petition to vacate order of bond forfeiture, a
33     minimum of $10 and a maximum of $40.
34 (h) Mailing.
35         When the clerk is required to mail, the fee will be a
36     minimum of $2 and a maximum of $10, plus the cost of

 

 

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1     postage.
2 (i) Certified Copies.
3         Each certified copy of a judgment after the first,
4     except in small claims and forcible entry and detainer
5     cases, a minimum of $2 and a maximum of $10.
6 (j) Habeas Corpus.
7         For filing a petition for relief by habeas corpus, a
8     minimum of $60 and a maximum of $100.
9 (k) Certification, Authentication, and Reproduction.
10         (1) Each certification or authentication for taking
11     the acknowledgment of a deed or other instrument in writing
12     with the seal of office, a minimum of $2 and a maximum of
13     $6.
14         (2) Court appeals when original documents are
15     forwarded, under 100 pages, plus delivery and costs, a
16     minimum of $20 and a maximum of $60.
17         (3) Court appeals when original documents are
18     forwarded, over 100 pages, plus delivery and costs, a
19     minimum of $50 and a maximum of $150.
20         (4) Court appeals when original documents are
21     forwarded, over 200 pages, an additional fee of a minimum
22     of 20 cents and a maximum of 25 cents per page.
23         (5) For reproduction of any document contained in the
24     clerk's files:
25             (A) First page, a minimum of $1 and a maximum of
26         $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 case
33     with either its original number or a new number. The Clerk
34     shall not charge any new or additional fee for the
35     reinstatement. Upon reinstatement the Clerk shall advise
36     the parties of the reinstatement. A party shall have the

 

 

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1     same right to a jury trial on remand and reinstatement as
2     he or she had before the appeal, and no additional or new
3     fee or charge shall be made for a jury trial after remand.
4 (m) Record Search.
5         For each record search, within a division or municipal
6     district, the clerk shall be entitled to a search fee of a
7     minimum of $4 and a maximum of $6 for each year searched.
8 (n) Hard Copy.
9         For each page of hard copy print output, when case
10     records are maintained on an automated medium, the clerk
11     shall be entitled to a fee of a minimum of $4 and a maximum
12     of $6.
13 (o) Index Inquiry and Other Records.
14         No fee shall be charged for a single
15     plaintiff/defendant index inquiry or single case record
16     inquiry when this request is made in person and the records
17     are maintained in a current automated medium, and when no
18     hard copy print output is requested. The fees to be charged
19     for management records, multiple case records, and
20     multiple journal records may be specified by the Chief
21     Judge pursuant to the guidelines for access and
22     dissemination of information approved by the Supreme
23     Court.
24 (p) (Blank).
25     a minimum of $25 and a maximum of $50
26 (q) Alias Summons.
27         For each alias summons or citation issued by the clerk,
28     a minimum of $2 and a maximum of $5.
29 (r) Other Fees.
30         Any fees not covered in this Section shall be set by
31     rule or administrative order of the Circuit Court with the
32     approval of the Administrative Office of the Illinois
33     Courts.
34         The clerk of the circuit court may provide additional
35     services for which there is no fee specified by statute in
36     connection with the operation of the clerk's office as may

 

 

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1     be requested by the public and agreed to by the clerk and
2     approved by the chief judge of the circuit court. Any
3     charges for additional services shall be as agreed to
4     between the clerk and the party making the request and
5     approved by the chief judge of the circuit court. Nothing
6     in this subsection shall be construed to require any clerk
7     to provide any service not otherwise required by law.
8 (s) Jury Services.
9         The clerk shall be entitled to receive, in addition to
10     other fees allowed by law, the sum of a minimum of $62.50
11     and a maximum of $212.50, as a fee for the services of a
12     jury in every civil action not quasi-criminal in its nature
13     and not a proceeding for the exercise of the right of
14     eminent domain and in every other action wherein the right
15     of trial by jury is or may be given by law. The jury fee
16     shall be paid by the party demanding a jury at the time of
17     filing the jury demand. If the fee is not paid by either
18     party, no jury shall be called in the action or proceeding,
19     and the same shall be tried by the court without a jury.
20 (t) Voluntary Assignment.
21         For filing each deed of voluntary assignment, a minimum
22     of $10 and a maximum of $20; for recording the same, a
23     minimum of 25 cents and a maximum of 50 cents for each 100
24     words. Exceptions filed to claims presented to an assignee
25     of a debtor who has made a voluntary assignment for the
26     benefit of creditors shall be considered and treated, for
27     the purpose of taxing costs therein, as actions in which
28     the party or parties filing the exceptions shall be
29     considered as party or parties plaintiff, and the claimant
30     or claimants as party or parties defendant, and those
31     parties respectively shall pay to the clerk the same fees
32     as provided by this Section to be paid in other actions.
33 (u) Expungement Petition.
34         The clerk shall be entitled to receive a fee of a
35     minimum of $15 and a maximum of $60 for each expungement
36     petition filed and an additional fee of a minimum of $2 and

 

 

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1     a maximum of $4 for each certified copy of an order to
2     expunge 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,
7     or 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, a
10     minimum of $50 and a maximum of $150, plus the fees
11     specified in subsection (v)(3), except:
12             (A) When the value of the real and personal
13         property does not exceed $15,000, the fee shall be a
14         minimum of $25 and a maximum of $40.
15             (B) When (i) proof of heirship alone is made, (ii)
16         a domestic or foreign will is admitted to probate
17         without administration (including proof of heirship),
18         or (iii) letters of office are issued for a particular
19         purpose without administration of the estate, the fee
20         shall be a minimum of $10 and a maximum of $40.
21             (C) For filing a petition to sell Real Estate, $50.
22         (2) For administration of the estate of a ward, a
23     minimum of $50 and a maximum of $75, plus the fees
24     specified in subsection (v)(3), except:
25             (A) When the value of the real and personal
26         property does not exceed $15,000, the fee shall be a
27         minimum of $25 and a maximum of $40.
28             (B) When (i) letters of office are issued to a
29         guardian of the person or persons, but not of the
30         estate or (ii) letters of office are issued in the
31         estate of a ward without administration of the estate,
32         including filing or joining in the filing of a tax
33         return or releasing a mortgage or consenting to the
34         marriage of the ward, the fee shall be a minimum of $10
35         and a maximum of $20.
36             (C) For filing a Petition to sell Real Estate, $50.

 

 

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1         (3) In addition to the fees payable under subsection
2     (v)(1) or (v)(2) of this Section, the following fees are
3     payable:
4             (A) For each account (other than one final account)
5         filed in the estate of a decedent, or ward, a minimum
6         of $10 and a maximum of $25.
7             (B) For filing a claim in an estate when the amount
8         claimed is $150 or more but less than $500, a minimum
9         of $10 and a maximum of $25; when the amount claimed is
10         $500 or more but less than $10,000, a minimum of $10
11         and a maximum of $40; when the amount claimed is
12         $10,000 or more, a minimum of $10 and a maximum of $60;
13         provided that the court in allowing a claim may add to
14         the amount allowed the filing fee paid by the claimant.
15             (C) For filing in an estate a claim, petition, or
16         supplemental proceeding based upon an action seeking
17         equitable relief including the construction or contest
18         of a will, enforcement of a contract to make a will,
19         and proceedings involving testamentary trusts or the
20         appointment of testamentary trustees, a minimum of $40
21         and a maximum of $60.
22             (D) For filing in an estate (i) the appearance of
23         any person for the purpose of consent or (ii) the
24         appearance of an executor, administrator,
25         administrator to collect, guardian, guardian ad litem,
26         or special administrator, no fee.
27             (E) Except as provided in subsection (v)(3)(D),
28         for filing the appearance of any person or persons, a
29         minimum of $10 and a maximum of $30.
30             (F) For each jury demand, a minimum of $62.50 and a
31         maximum of $137.50.
32             (G) For disposition of the collection of a judgment
33         or settlement of an action or claim for wrongful death
34         of a decedent or of any cause of action of a ward, when
35         there is no other administration of the estate, a
36         minimum of $30 and a maximum of $50, less any amount

 

 

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1         paid under subsection (v)(1)(B) or (v)(2)(B) except
2         that if the amount involved does not exceed $5,000, the
3         fee, including any amount paid under subsection
4         (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
5         maximum of $20.
6             (H) For each certified copy of letters of office,
7         of court order or other certification, a minimum of $1
8         and a maximum of $2, plus a minimum of 50 cents and a
9         maximum of $1 per page in excess of 3 pages for the
10         document certified.
11             (I) For each exemplification, a minimum of $1 and a
12         maximum of $2, plus the fee for certification.
13         (4) The executor, administrator, guardian, petitioner,
14     or other interested person or his or her attorney shall pay
15     the cost of publication by the clerk directly to the
16     newspaper.
17         (5) The person on whose behalf a charge is incurred for
18     witness, court reporter, appraiser, or other miscellaneous
19     fee shall pay the same directly to the person entitled
20     thereto.
21         (6) The executor, administrator, guardian, petitioner,
22     or other interested person or his or her attorney shall pay
23     to the clerk all postage charges incurred by the clerk in
24     mailing petitions, orders, notices, or other documents
25     pursuant to the provisions of the Probate Act of 1975.
26 (w) Criminal and Quasi-Criminal Costs and Fees.
27         (1) The clerk shall be entitled to costs in all
28     criminal and quasi-criminal cases from each person
29     convicted or sentenced to supervision therein as follows:
30             (A) Felony complaints, a minimum of $40 and a
31         maximum of $100.
32             (B) Misdemeanor complaints, a minimum of $25 and a
33         maximum of $75.
34             (C) Business offense complaints, a minimum of $25
35         and a maximum of $75.
36             (D) Petty offense complaints, a minimum of $25 and

 

 

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1         a maximum of $75.
2             (E) Minor traffic or ordinance violations, $10, or
3         the maximum fee that was allowed by law on June 30,
4         2003.
5             (F) When court appearance required, $15.
6             (G) Motions to vacate or amend final orders, a
7         minimum of $20 and a maximum of $40.
8             (H) Motions to vacate bond forfeiture orders, a
9         minimum of $20 and a maximum of $40.
10             (I) Motions to vacate ex parte judgments, whenever
11         filed, a minimum of $20 and a maximum of $40.
12             (J) Motions to vacate judgment on forfeitures,
13         whenever filed, a minimum of $20 and a maximum of $40.
14             (K) Motions to vacate "failure to appear" or
15         "failure to comply" notices sent to the Secretary of
16         State, a minimum of $20 and a maximum of $40.
17         (2) In counties having a population of not more than
18     500,000 inhabitants, when the violation complaint is
19     issued by a municipal police department, the clerk shall be
20     entitled to costs from each person convicted therein as
21     follows:
22             (A) Minor traffic or ordinance violations, $10.
23             (B) When court appearance required, $15.
24         (3) In ordinance violation cases punishable by fine
25     only, the clerk of the circuit court shall be entitled to
26     receive, unless the fee is excused upon a finding by the
27     court that the defendant is indigent, in addition to other
28     fees or costs allowed or imposed by law, the sum of a
29     minimum of $62.50 and a maximum of $137.50 as a fee for the
30     services of a jury. The jury fee shall be paid by the
31     defendant at the time of filing his or her jury demand. If
32     the fee is not so paid by the defendant, no jury shall be
33     called, and the case shall be tried by the court without a
34     jury.
35 (x) Transcripts of Judgment.
36         For the filing of a transcript of judgment, the clerk

 

 

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1     shall be entitled to the same fee as if it were the
2     commencement of a new suit.
3 (y) Change of Venue.
4         (1) For the filing of a change of case on a change of
5     venue, the clerk shall be entitled to the same fee as if it
6     were the commencement of a new suit.
7         (2) The fee for the preparation and certification of a
8     record on a change of venue to another jurisdiction, when
9     original documents are forwarded, a minimum of $10 and a
10     maximum of $40.
11 (z) Tax objection complaints.
12         For each tax objection complaint containing one or more
13     tax objections, regardless of the number of parcels
14     involved or the number of taxpayers joining on the
15     complaint, a minimum of $10 and a maximum of $50.
16 (aa) Tax Deeds.
17         (1) Petition for tax deed, if only one parcel is
18     involved, a minimum of $45 and a maximum of $200.
19         (2) For each additional parcel, add a fee of a minimum
20     of $10 and a maximum of $60.
21 (bb) Collections.
22         (1) For all collections made of others, except the
23     State and county and except in maintenance or child support
24     cases, a sum equal to a minimum of 2% and a maximum of 2.5%
25     of the amount collected and turned over.
26         (2) Interest earned on any funds held by the clerk
27     shall be turned over to the county general fund as an
28     earning of the office.
29         (3) For any check, draft, or other bank instrument
30     returned to the clerk for non-sufficient funds, account
31     closed, or payment stopped, $25.
32         (4) In child support and maintenance cases, the clerk,
33     if authorized by an ordinance of the county board, may
34     collect an annual fee of up to $36 from the person making
35     payment for maintaining child support records and the
36     processing of support orders to the State of Illinois KIDS

 

 

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1     system and the recording of payments issued by the State
2     Disbursement Unit for the official record of the Court.
3     This fee shall be in addition to and separate from amounts
4     ordered to be paid as maintenance or child support and
5     shall be deposited into a Separate Maintenance and Child
6     Support Collection Fund, of which the clerk shall be the
7     custodian, ex-officio, to be used by the clerk to maintain
8     child support orders and record all payments issued by the
9     State Disbursement Unit for the official record of the
10     Court. The clerk may recover from the person making the
11     maintenance or child support payment any additional cost
12     incurred in the collection of this annual fee.
13         The clerk shall also be entitled to a fee of $5 for
14     certifications made to the Secretary of State as provided
15     in Section 7-703 of the Family Financial Responsibility Law
16     and these fees shall also be deposited into the Separate
17     Maintenance and Child Support Collection Fund.
18 (cc) Corrections of Numbers.
19         For correction of the case number, case title, or
20     attorney computer identification number, if required by
21     rule of court, on any document filed in the clerk's office,
22     to be charged against the party that filed the document, a
23     minimum of $10 and a maximum of $25.
24 (dd) Exceptions.
25         (1) The fee requirements of this Section shall not
26     apply to police departments or other law enforcement
27     agencies. In this Section, "law enforcement agency" means
28     an agency of the State or a unit of local government which
29     is vested by law or ordinance with the duty to maintain
30     public order and to enforce criminal laws or ordinances.
31     "Law enforcement agency" also means the Attorney General or
32     any state's attorney.
33         (2) No fee provided herein shall be charged to any unit
34     of local government or school district.
35         (3) The fee requirements of this Section shall not
36     apply to any action instituted under subsection (b) of

 

 

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1     Section 11-31-1 of the Illinois Municipal Code by a private
2     owner or tenant of real property within 1200 feet of a
3     dangerous or unsafe building seeking an order compelling
4     the owner or owners of the building to take any of the
5     actions authorized under that subsection.
6         (4) The fee requirements of this Section shall not
7     apply to the filing of any commitment petition or petition
8     for an order authorizing the administration of authorized
9     involuntary treatment in the form of medication under the
10     Mental Health and Developmental Disabilities Code.
11 (ee) Adoptions.
12         (1) For an adoption...................................$65
13         (2) Upon good cause shown, the court may waive the
14     adoption filing fee in a special needs adoption. The term
15     "special needs adoption" shall have the meaning ascribed to
16     it by the Illinois Department of Children and Family
17     Services.
18 (ff) Adoption exemptions.
19         No fee other than that set forth in subsection (ee)
20     shall be charged to any person in connection with an
21     adoption proceeding nor may any fee be charged for
22     proceedings for the appointment of a confidential
23     intermediary under the Adoption Act.
24 (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-39,
25 eff. 7-1-03; 93-385, eff. 7-25-03; 93-573, eff. 8-21-03;
26 revised 9-5-03.)
 
27     Section 99. Effective date. This Act takes effect upon
28 becoming law.