093_SB1127ham001

 










                                     LRB093 04187 RLC 15093 a

 1                    AMENDMENT TO SENATE BILL 1127

 2        AMENDMENT NO.     .  Amend Senate Bill 1127 as follows:
 3    on page 1, by replacing line 1 with the following:
 4        "AN ACT in relation to courts."; and

 5    on page 1, by replacing lines 4 and 5 with the following:

 6        "Section 5.  The Clerks  of  Courts  Act  is  amended  by
 7    changing  Sections  27.2, 27.2a, and 27.3b and adding Section
 8    16.5 as follows:

 9        (705 ILCS 105/16.5 new)
10        Sec. 16.5.  Assisting court users; clerk or deputy clerk.
11        (a)  In this Section:
12        "Court" means the circuit court.
13        "Form" means a model or skeleton of an instrument  to  be
14    used   in   a   judicial  proceeding  or  legal  transaction,
15    containing  the  principal  necessary  matters,  the   proper
16    technical  terms or phrases and whatever else is necessary to
17    make it formally correct and capable of being adopted to  the
18    circumstances of the specific case or transaction.
19        (b)  Court  staff  must  treat  all  litigants fairly and
20    equally.  Court staff must not  provide  assistance  for  the
21    purpose  of  giving  one party an advantage over another, nor
 
                            -2-      LRB093 04187 RLC 15093 a
 1    give assistance to one party that they would not give  to  an
 2    opponent.
 3        (c)  Court staff shall do all of the following:
 4             (1)  Provide   public   information   contained   in
 5        dockets,  calendars,  case  files,  indexes,  or existing
 6        reports.
 7             (2)  Provide copies  of  common  routinely  employed
 8        State   and   local   court  rules  and  procedures,  for
 9        applicable fees and costs.
10             (3)  Advise litigants as to where to  find  statutes
11        and  rules  without  advising whether or not a particular
12        statute or rule is applicable.
13             (4)  Identify  and  provide  some  applicable  forms
14        according   to   law,   without   providing   advice   or
15        instructions as to any specific course of action.
16             (5)  Answer questions regarding content of the form,
17        but not questions on how the litigant should  phrase  his
18        or her response on the forms.
19             (6)  Define  terms  commonly used in court processes
20        in cases where the definition is not at issue.
21             (7)  Provide telephone numbers for  lawyer  referral
22        services,  local  attorney  rosters,  or other assistance
23        services known to the court staff.
24             (8)  Provide  appropriate  aids  and  services   for
25        individuals  with  disabilities  in  accordance  with the
26        Americans with Disabilities Act of 1990, 42 USC 12101.
27             (9)  Provide  simplified  forms  to  help  with  the
28        writing and filing of a petition.

29        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
30        Sec. 27.2.  The fees of the clerks of the  circuit  court
31    in  all  counties  having  a  population in excess of 500,000
32    inhabitants  but  less  than  3,000,000  inhabitants  in  the
33    instances described in this Section shall be as  provided  in
 
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 1    this  Section. In those instances where a minimum and maximum
 2    fee is stated, counties with more  than  500,000  inhabitants
 3    but  less  than 3,000,000 inhabitants must charge the minimum
 4    fee listed in this Section and may charge up to  the  maximum
 5    fee  if the county board has by resolution increased the fee.
 6    In addition, the minimum  fees  authorized  in  this  Section
 7    shall  apply  to  all  units  of  local government and school
 8    districts in counties with more than  3,000,000  inhabitants.
 9    The fees shall be paid in advance and shall be as follows:
10    (a)  Civil Cases.
11             The  fee  for filing a complaint, petition, or other
12        pleading initiating a civil action,  with  the  following
13        exceptions,  shall  be a minimum of $150 and a maximum of
14        $190.
15                  (A)  When the amount of money or damages or the
16             value of personal property claimed does  not  exceed
17             $250, a minimum of $10 and a maximum of $15.
18                  (B)  When that amount exceeds $250 but does not
19             exceed  $1,000,  a  minimum  of $20 and a maximum of
20             $40.
21                  (C)  When that amount exceeds $1,000  but  does
22             not  exceed $2500, a minimum of $30 and a maximum of
23             $50.
24                  (D)  When that amount exceeds  $2500  but  does
25             not exceed $5,000, a minimum of $75 and a maximum of
26             $100.
27                  (D-5)  When  the amount exceeds $5,000 but does
28             not exceed $15,000, a minimum of $75 and  a  maximum
29             of $150.
30                  (E)  For  the exercise of eminent domain, $150.
31             For each additional lot or tract of land or right or
32             interest  therein  subject  to  be  condemned,   the
33             damages  in  respect to which shall require separate
34             assessment by a jury, $150.
 
                            -4-      LRB093 04187 RLC 15093 a
 1                  (F)  No fees shall be charged by the clerk to a
 2             petitioner in any order of protection including, but
 3             not  limited  to,  filing,  modifying,  withdrawing,
 4             certifying, or photocopying petitions for orders  of
 5             protection, or for issuing alias summons, or for any
 6             related   filing   service,  certifying,  modifying,
 7             reconsidering, vacating, or photocopying any  orders
 8             of protection.
 9    (b)  Forcible Entry and Detainer.
10             In  each  forcible  entry and detainer case when the
11        plaintiff seeks possession only or unites with his or her
12        claim for possession of the property a claim for rent  or
13        damages  or  both  in  the  amount  of $15,000 or less, a
14        minimum of $40 and a maximum of $75. When  the  plaintiff
15        unites  his  or her claim for possession with a claim for
16        rent or damages or both exceeding $15,000, a  minimum  of
17        $150 and a maximum of $225.
18    (c)  Counterclaim or Joining Third Party Defendant.
19             When  any  defendant files a counterclaim as part of
20        his or her answer or otherwise or joins another party  as
21        a third party defendant, or both, the defendant shall pay
22        a  fee  for each counterclaim or third party action in an
23        amount equal to the fee he or she would have had  to  pay
24        had  he  or  she brought a separate action for the relief
25        sought in the counterclaim or  against  the  third  party
26        defendant, less the amount of the appearance fee, if that
27        has been paid.
28    (d)  Confession of Judgment.
29             In a confession of judgment when the amount does not
30        exceed  $1500,  a  minimum  of  $50 and a maximum of $60.
31        When the  amount  exceeds  $1500,  but  does  not  exceed
32        $5,000, $75. When the amount exceeds $5,000, but does not
33        exceed  $15,000, $175. When the amount exceeds $15,000, a
34        minimum of $200 and a maximum of $250.
 
                            -5-      LRB093 04187 RLC 15093 a
 1    (e)  Appearance.
 2             The fee for filing an appearance in each civil  case
 3        shall be a minimum of $50 and a maximum of $75, except as
 4        follows:
 5                  (A)  When the plaintiff in a forcible entry and
 6             detainer  case  seeks  possession only, a minimum of
 7             $20 and a maximum of $40.
 8                  (B)  When the  amount  in  the  case  does  not
 9             exceed $1500, a minimum of $20 and a maximum of $40.
10                  (C)  When  the amount in the case exceeds $1500
11             but does not exceed $15,000, a minimum of $40 and  a
12             maximum of $60.
13    (f)  Garnishment, Wage Deduction, and Citation.
14             In  garnishment affidavit, wage deduction affidavit,
15        and citation petition when the  amount  does  not  exceed
16        $1,000,  a  minimum of $10 and a maximum of $15; when the
17        amount exceeds $1,000  but  does  not  exceed  $5,000,  a
18        minimum  of $20 and a maximum of $30; and when the amount
19        exceeds $5,000, a minimum of $30 and a maximum of $50.
20    (g)  Petition to Vacate, or Modify, or Reconsider.
21             (1)  Petition to vacate, or  modify,  or  reconsider
22        any  final judgment or order of court, except in forcible
23        entry and detainer cases and  small  claims  cases  or  a
24        petition  to  reopen  an estate, to modify, terminate, or
25        enforce a judgment or order for child or spousal support,
26        or  to  modify,  suspend,  or  terminate  an  order   for
27        withholding,  if  filed before 30 days after the entry of
28        the judgment or order, a minimum of $40 and a maximum  of
29        $50.
30             (2)  Petition  to  vacate,  or modify, or reconsider
31        any final judgment or order of court, except  a  petition
32        to  modify, terminate, or enforce a judgment or order for
33        child or  spousal  support  or  to  modify,  suspend,  or
34        terminate  an  order for withholding, if filed later than
 
                            -6-      LRB093 04187 RLC 15093 a
 1        30 days after the entry  of  the  judgment  or  order,  a
 2        minimum of $60 and a maximum of $75.
 3             (3)  Petition  to vacate order of bond forfeiture, a
 4        minimum of $20 and a maximum of $40.
 5    (h)  Mailing.
 6             When the clerk is required to mail, the fee will  be
 7        a  minimum  of  $6 and a maximum of $10, plus the cost of
 8        postage.
 9    (i)  Certified Copies.
10             Each certified copy of a judgment after  the  first,
11        except  in  small  claims and forcible entry and detainer
12        cases, a minimum of $10 and a maximum of $15.
13    (j)  Habeas Corpus.
14             For filing a petition for relief by habeas corpus, a
15        minimum of $80 and a maximum of $125.
16    (k)  Certification, Authentication, and Reproduction.
17             (1)  Each certification or authentication for taking
18        the acknowledgment of  a  deed  or  other  instrument  in
19        writing  with  the  seal of office, a minimum of $4 and a
20        maximum of $6.
21             (2)  Court  appeals  when  original  documents   are
22        forwarded,  under  100  pages, plus delivery and costs, a
23        minimum of $50 and a maximum of $75.
24             (3)  Court  appeals  when  original  documents   are
25        forwarded,  over  100  pages,  plus delivery and costs, a
26        minimum of $120 and a maximum of $150.
27             (4)  Court  appeals  when  original  documents   are
28        forwarded, over 200 pages, an additional fee of a minimum
29        of 20 and a maximum of 25 cents per page.
30             (5)  For  reproduction  of any document contained in
31        the clerk's files:
32                  (A)  First page, $2.
33                  (B)  Next 19 pages, 50 cents per page.
34                  (C)  All remaining pages, 25 cents per page.
 
                            -7-      LRB093 04187 RLC 15093 a
 1    (l)  Remands.
 2             In any cases remanded to the Circuit Court  from the
 3        Supreme Court or the Appellate Court for a new trial, the
 4        clerk shall file the remanding order  and  reinstate  the
 5        case with either its original number or a new number. The
 6        Clerk  shall not charge any new or additional fee for the
 7        reinstatement. Upon reinstatement the Clerk shall  advise
 8        the parties of the reinstatement.  A party shall have the
 9        same right to a jury trial on remand and reinstatement as
10        he or she had before the appeal, and no additional or new
11        fee  or  charge  shall  be  made  for  a jury trial after
12        remand.
13    (m)  Record Search.
14             For  each  record  search,  within  a  division   or
15        municipal  district,  the  clerk  shall  be entitled to a
16        search fee of a minimum of $4 and a  maximum  of  $6  for
17        each year searched.
18    (n)  Hard Copy.
19             For  each  page of hard copy print output, when case
20        records are maintained on an automated medium, the  clerk
21        shall  be  entitled  to  a  fee  of a minimum of $4 and a
22        maximum of $6.
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.
 
                            -8-      LRB093 04187 RLC 15093 a
 1             For filing commitment  petitions  under  the  Mental
 2        Health  and Developmental Disabilities Code, a minimum of
 3        $25 and a maximum of $50.
 4    (q)  Alias Summons.
 5             For each alias summons or  citation  issued  by  the
 6        clerk, a minimum of $4 and a maximum of $5.
 7    (r)  Other Fees.
 8             Any fees not covered in this Section shall be set by
 9        rule  or  administrative  order of the Circuit Court with
10        the approval of the Administrative Office of the Illinois
11        Courts.
12             The  clerk  of  the  circuit   court   may   provide
13        additional  services  for which there is no fee specified
14        by statute  in  connection  with  the  operation  of  the
15        clerk's  office  as  may  be  requested by the public and
16        agreed to by the clerk and approved by the chief judge of
17        the circuit court.  Any charges for  additional  services
18        shall  be  as  agreed  to between the clerk and the party
19        making the request and approved by the chief judge of the
20        circuit court.   Nothing  in  this  subsection  shall  be
21        construed to require any clerk to provide any service not
22        otherwise required by law.
23    (s)  Jury Services.
24             The  clerk shall be entitled to receive, in addition
25        to other fees allowed by law, the sum  of  a  minimum  of
26        $192.50  and  a  maximum  of  $212.50,  as  a fee for the
27        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
 
                            -9-      LRB093 04187 RLC 15093 a
 1        tried by the court without a jury.
 2    (t)  Voluntary Assignment.
 3             For filing each  deed  of  voluntary  assignment,  a
 4        minimum  of  $10  and a maximum of $20; for recording the
 5        same, a minimum of 25¢ and a maximum of 50¢ for each  100
 6        words.    Exceptions  filed  to  claims  presented  to an
 7        assignee of a debtor who has made a voluntary  assignment
 8        for  the  benefit  of  creditors  shall be considered and
 9        treated, for the purpose  of  taxing  costs  therein,  as
10        actions   in  which  the  party  or  parties  filing  the
11        exceptions  shall  be  considered  as  party  or  parties
12        plaintiff, and the claimant  or  claimants  as  party  or
13        parties  defendant,  and those parties respectively shall
14        pay to the clerk  the  same  fees  as  provided  by  this
15        Section to be paid in other actions.
16    (u)  Expungement Petition.
17             The  clerk  shall  be entitled to receive a fee of a
18        minimum of $30 and a maximum of $60 for each  expungement
19        petition  filed  and an additional fee of a minimum of $2
20        and a maximum of $4 for  each certified copy of an  order
21        to expunge arrest records.
22    (v)  Probate.
23             The  clerk is entitled to receive the fees specified
24        in this subsection (v), which shall be paid  in  advance,
25        except that, for good cause shown, the court may suspend,
26        reduce,   or   release   the  costs  payable  under  this
27        subsection:
28             (1)  For administration of the estate of a  decedent
29        (whether  testate or intestate) or of a missing person, a
30        minimum of $100 and a maximum  of  $150,  plus  the  fees
31        specified in subsection (v)(3), except:
32                  (A)  When  the  value  of the real and personal
33             property does not exceed $15,000, the fee shall be a
34             minimum of $25 and a maximum of $40.
 
                            -10-     LRB093 04187 RLC 15093 a
 1                  (B)  When (i) proof of heirship alone is  made,
 2             (ii)  a  domestic  or  foreign  will  is admitted to
 3             probate without administration (including  proof  of
 4             heirship), or (iii) letters of office are issued for
 5             a  particular  purpose without administration of the
 6             estate, the fee shall be a  minimum  of  $25  and  a
 7             maximum of $40.
 8             (2)  For  administration  of the estate of a ward, a
 9        minimum of $50 and  a  maximum  of  $75,  plus  the  fees
10        specified in subsection (v)(3), except:
11                  (A)  When  the  value  of the real and personal
12             property does not exceed $15,000, the fee shall be a
13             minimum of $25 and a maximum of $40.
14                  (B)  When (i) letters of office are issued to a
15             guardian of the person or persons, but  not  of  the
16             estate  or  (ii) letters of office are issued in the
17             estate of  a  ward  without  administration  of  the
18             estate, including filing or joining in the filing of
19             a  tax  return or releasing a mortgage or consenting
20             to the marriage of the ward,  the  fee  shall  be  a
21             minimum of $10 and a maximum of $20.
22             (3)  In   addition   to   the   fees  payable  under
23        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
24        following fees are payable:
25                  (A)  For  each  account  (other  than one final
26             account) filed in the estate of a decedent, or ward,
27             a minimum of $15 and a maximum of $25.
28                  (B)  For filing a claim in an estate  when  the
29             amount claimed is $150 or more but less than $500, a
30             minimum of $10 and a maximum of $20; when the amount
31             claimed  is  $500  or  more but less than $10,000, a
32             minimum of $25 and a maximum of $40; when the amount
33             claimed is $10,000 or more, a minimum of $40  and  a
34             maximum  of $60; provided that the court in allowing
 
                            -11-     LRB093 04187 RLC 15093 a
 1             a claim may add to the amount allowed the filing fee
 2             paid by the claimant.
 3                  (C)  For filing in an estate a claim, petition,
 4             or supplemental proceeding   based  upon  an  action
 5             seeking  equitable relief including the construction
 6             or contest of a will, enforcement of a  contract  to
 7             make  a will, and proceedings involving testamentary
 8             trusts or the appointment of testamentary  trustees,
 9             a minimum of $40 and a maximum of $60.
10                  (D)  For filing in an estate (i) the appearance
11             of any person for the purpose of consent or (ii) the
12             appearance    of    an    executor,   administrator,
13             administrator  to  collect,  guardian,  guardian  ad
14             litem, or special administrator, no fee.
15                  (E)  Except   as   provided    in    subsection
16             (v)(3)(D),  for  filing the appearance of any person
17             or persons, a minimum of $10 and a maximum of $30.
18                  (F)  For each jury demand, a minimum of $102.50
19             and a maximum of $137.50.
20                  (G)  For disposition of  the  collection  of  a
21             judgment  or  settlement  of  an action or claim for
22             wrongful death of a decedent  or  of  any  cause  of
23             action   of   a   ward,   when  there  is  no  other
24             administration of the estate, a minimum of $30 and a
25             maximum  of  $50,  less  any   amount   paid   under
26             subsection (v)(1)(B) or (v)(2)(B) except that if the
27             amount  involved  does  not  exceed $5,000, the fee,
28             including any amount paid under subsection (v)(1)(B)
29             or (v)(2)(B), shall  be  a  minimum  of  $10  and  a
30             maximum of $20.
31                  (H)  For  each  certified  copy  of  letters of
32             office, of court order  or  other  certification,  a
33             minimum of $1 and a maximum of $2, plus a minimum of
34             50¢  and  a  maximum  of  $1 per page in excess of 3
 
                            -12-     LRB093 04187 RLC 15093 a
 1             pages for the document certified.
 2                  (I)  For each exemplification, a minimum of  $1
 3             and a maximum of $2, plus the fee for certification.
 4             (4)  The    executor,    administrator,    guardian,
 5        petitioner,  or  other  interested  person  or his or her
 6        attorney shall pay the cost of publication by  the  clerk
 7        directly to the newspaper.
 8             (5)  The person on whose behalf a charge is incurred
 9        for   witness,   court   reporter,  appraiser,  or  other
10        miscellaneous fee shall pay  the  same  directly  to  the
11        person entitled thereto.
12             (6)  The    executor,    administrator,    guardian,
13        petitioner,  or  other  interested person or his attorney
14        shall pay to the clerk all postage  charges  incurred  by
15        the clerk in mailing petitions, orders, notices, or other
16        documents  pursuant  to the provisions of the Probate Act
17        of 1975.
18    (w)  Criminal and Quasi-Criminal Costs and Fees.
19             (1)  The clerk shall be entitled  to  costs  in  all
20        criminal   and  quasi-criminal  cases  from  each  person
21        convicted or sentenced to supervision therein as follows:
22                  (A)  Felony complaints, a minimum of $80 and  a
23             maximum of $125.
24                  (B)  Misdemeanor  complaints,  a minimum of $50
25             and a maximum of $75.
26                  (C)  Business offense complaints, a minimum  of
27             $50 and a maximum of $75.
28                  (D)  Petty offense complaints, a minimum of $50
29             and a maximum of $75.
30                  (E)  Minor  traffic  or  ordinance  violations,
31             $20.
32                  (F)  When court appearance required, $30.
33                  (G)  Motions to vacate or amend final orders, a
34             minimum of $20 and a maximum of $40.
 
                            -13-     LRB093 04187 RLC 15093 a
 1                  (H)  Motions  to vacate bond forfeiture orders,
 2             a minimum of $20 and a maximum of $30.
 3                  (I)  Motions  to  vacate  ex  parte  judgments,
 4             whenever filed, a minimum of $20 and  a  maximum  of
 5             $30.
 6                  (J)  Motions to vacate judgment on forfeitures,
 7             whenever  filed,  a  minimum of $20 and a maximum of
 8             $25.
 9                  (K)  Motions to vacate "failure to  appear"  or
10             "failure to comply" notices sent to the Secretary of
11             State, a minimum of $20 and a maximum of $40.
12             (2)  In  counties  having  a population of more than
13        500,000 but fewer than 3,000,000  inhabitants,  when  the
14        violation  complaint  is  issued  by  a  municipal police
15        department, the clerk shall be  entitled  to  costs  from
16        each person convicted therein as follows:
17                  (A)  Minor  traffic  or  ordinance  violations,
18             $10.
19                  (B)  When court appearance required, $15.
20             (3)  In ordinance violation cases punishable by fine
21        only, the clerk of the circuit court shall be entitled to
22        receive,  unless the fee is excused upon a finding by the
23        court that the defendant  is  indigent,  in  addition  to
24        other fees or costs allowed or imposed by law, the sum of
25        a  minimum  of  $50 and a maximum of $112.50 as a fee for
26        the services of a jury.  The jury fee shall  be  paid  by
27        the  defendant  at  the  time  of  filing his or her jury
28        demand.  If the fee is not so paid by the  defendant,  no
29        jury  shall be called, and the case shall be tried by the
30        court without a jury.
31    (x)  Transcripts of Judgment.
32             For the filing of  a  transcript  of  judgment,  the
33        clerk shall be entitled to the same fee as if it were the
34        commencement of new suit.
 
                            -14-     LRB093 04187 RLC 15093 a
 1    (y)  Change of Venue.
 2             (1)  For  the filing of a change of case on a change
 3        of venue, the clerk shall be entitled to the same fee  as
 4        if it were the commencement of a new suit.
 5             (2)  The  fee  for the preparation and certification
 6        of a record on a change of venue to another jurisdiction,
 7        when original documents are forwarded, a minimum  of  $25
 8        and a maximum of $40.
 9    (z)  Tax objection complaints.
10             For  each  tax objection complaint containing one or
11        more tax objections, regardless of the number of  parcels
12        involved  or  the  number  of  taxpayers  joining  in the
13        complaint, a minimum of $25 and a maximum of $50.
14    (aa)  Tax Deeds.
15             (1)  Petition for tax deed, if only  one  parcel  is
16        involved, a minimum of $150 and a maximum of $250.
17             (2)  For  each  additional  parcel,  add  a fee of a
18        minimum of $50 and a maximum of $100.
19    (bb)  Collections.
20             (1)  For all collections made of others, except  the
21        State  and  county  and  except  in  maintenance or child
22        support cases, a sum equal to a minimum  of  2.5%  and  a
23        maximum of 3.0% of the amount collected and turned over.
24             (2)  Interest  earned on any funds held by the clerk
25        shall be turned over to the county  general  fund  as  an
26        earning of the office.
27             (3)  For  any check, draft, or other bank instrument
28        returned to the clerk for non-sufficient  funds,  account
29        closed, or payment stopped, $25.
30             (4)  In  child  support  and  maintenance cases, the
31        clerk, if authorized by an ordinance of the county board,
32        may collect an annual fee of up to $36  from  the  person
33        making  payment for maintaining child support records and
34        the processing of support orders to the State of Illinois
 
                            -15-     LRB093 04187 RLC 15093 a
 1        KIDS system and the recording of payments issued  by  the
 2        State  Disbursement  Unit  for the official record of the
 3        Court. This fee shall be in addition to and separate from
 4        amounts ordered  to  be  paid  as  maintenance  or  child
 5        support   and   shall   be   deposited  into  a  Separate
 6        Maintenance and Child Support Collection Fund,  of  which
 7        the  clerk shall be the custodian, ex-officio, to be used
 8        by the clerk to maintain child support orders and  record
 9        all  payments  issued  by the State Disbursement Unit for
10        the official record of the Court. The clerk  may  recover
11        from  the  person making the maintenance or child support
12        payment any additional cost incurred in the collection of
13        this annual fee.
14             The clerk shall also be entitled to a fee of $5  for
15        certifications made to the Secretary of State as provided
16        in  Section  7-703 of the Family Financial Responsibility
17        Law and these fees  shall  also  be  deposited  into  the
18        Separate Maintenance and Child Support Collection Fund.
19    (cc)  Corrections of Numbers.
20             For  correction  of  the case number, case title, or
21        attorney computer identification number, if  required  by
22        rule  of  court,  on  any  document  filed in the clerk's
23        office, to be charged against the party  that  filed  the
24        document, a minimum of $15 and a maximum of $25.
25    (dd)  Exceptions.
26             The fee requirements of this Section shall not apply
27        to  police departments or other law enforcement agencies.
28        In this Section, "law enforcement agency" means an agency
29        of the State or a  unit  of  local  government  which  is
30        vested  by  law  or  ordinance  with the duty to maintain
31        public order and to enforce criminal laws or  ordinances.
32        "Law  enforcement agency" also means the Attorney General
33        or any state's attorney. The  fee  requirements  of  this
34        Section  shall  not  apply to any action instituted under
 
                            -16-     LRB093 04187 RLC 15093 a
 1        subsection  (b)  of  Section  11-31-1  of  the   Illinois
 2        Municipal  Code  by  a  private  owner  or tenant of real
 3        property within  1200  feet  of  a  dangerous  or  unsafe
 4        building  seeking an order compelling the owner or owners
 5        of the building to take any  of  the  actions  authorized
 6        under that subsection.
 7    (ee)  Adoptions.
 8             (1)  For an adoption.............................$65
 9             (2)  Upon  good cause shown, the court may waive the
10        adoption filing fee in a  special  needs  adoption.   The
11        term  "special  needs  adoption"  shall  have the meaning
12        ascribed to it by the Illinois Department of Children and
13        Family Services.
14    (ff)  Adoption exemptions.
15             No fee other than that set forth in subsection  (ee)
16        shall  be  charged  to  any  person in connection with an
17        adoption proceeding.
18    (gg)  Unpaid fees.
19             Unless  a  court   ordered   payment   schedule   is
20        implemented  or  the fee requirements of this Section are
21        waived pursuant to court order, the clerk  of  the  court
22        may add to any unpaid fees and costs under this Section a
23        delinquency  amount  equal  to 5% of the unpaid fees that
24        remain unpaid after 30 days, 10% of the unpaid fees  that
25        remain  unpaid  after 60 days, and 15% of the unpaid fees
26        that remain unpaid after 90 days. Notice to those parties
27        may be made by signage posting or publication. The  clerk
28        of  the  court  may  after a period of 90 days release to
29        credit reporting agencies  information  regarding  unpaid
30        amounts.  The  additional  delinquency  amounts collected
31        under this Section shall be  used  to  defray  additional
32        administrative costs incurred by the clerk of the circuit
33        court in collecting unpaid fees and costs.
34    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
 
                            -17-     LRB093 04187 RLC 15093 a
 1    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

 2        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
 3        Sec. 27.2a.  The fees of the clerks of the circuit  court
 4    in  all  counties  having  a  population of 3,000,000 or more
 5    inhabitants in the instances described in this Section  shall
 6    be  as  provided in this Section.  In those instances where a
 7    minimum and maximum fee is stated, the clerk of  the  circuit
 8    court must charge the minimum fee listed and may charge up to
 9    the  maximum  fee  if  the  county  board  has  by resolution
10    increased the fee. The fees shall  be  paid  in  advance  and
11    shall be as follows:
12    (a)  Civil Cases.
13             The  fee  for filing a complaint, petition, or other
14        pleading initiating a civil action,  with  the  following
15        exceptions,  shall  be a minimum of $190 and a maximum of
16        $240.
17                  (A)  When the amount of money or damages or the
18             value of personal property claimed does  not  exceed
19             $250, a minimum of $15 and a maximum of $22.
20                  (B)  When that amount exceeds $250 but does not
21             exceed $1000, a minimum of $40 and a maximum of $75.
22                  (C)  When  that  amount  exceeds $1000 but does
23             not exceed $2500, a minimum of $50 and a maximum  of
24             $80.
25                  (D)  When  that  amount  exceeds $2500 but does
26             not exceed $5000, a minimum of $100 and a maximum of
27             $130.
28                  (E)  When that amount exceeds  $5000  but  does
29             not exceed $15,000, $150.
30                  (F)  For  the exercise of eminent domain, $150.
31             For each additional lot or tract of land or right or
32             interest  therein  subject  to  be  condemned,   the
33             damages  in  respect to which shall require separate
 
                            -18-     LRB093 04187 RLC 15093 a
 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                  (H)  No fees shall be charged by the clerk to a
 9             petitioner in any order of protection including, but
10             not  limited  to,  filing,  modifying,  withdrawing,
11             certifying, or photocopying petitions for orders  of
12             protection, or for issuing alias summons, or for any
13             related   filing   service,  certifying,  modifying,
14             reconsidering, vacating, or photocopying any  orders
15             of protection.
16    (b)  Forcible Entry and Detainer.
17             In  each  forcible  entry and detainer case when the
18        plaintiff seeks possession only or unites with his or her
19        claim for possession of the property a claim for rent  or
20        damages  or  both  in  the  amount  of $15,000 or less, a
21        minimum of $75 and a maximum of $140.  When the plaintiff
22        unites his or her claim for possession with a  claim  for
23        rent  or  damages or both exceeding $15,000, a minimum of
24        $225 and a maximum of $335.
25    (c)  Counterclaim or Joining Third Party Defendant.
26             When any defendant files a counterclaim as  part  of
27        his  or her answer or otherwise or joins another party as
28        a third party defendant, or both, the defendant shall pay
29        a fee for each counterclaim or third party action  in  an
30        amount  equal  to the fee he or she would have had to pay
31        had he or she brought a separate action  for  the  relief
32        sought  in  the  counterclaim  or against the third party
33        defendant, less the amount of the appearance fee, if that
34        has been paid.
 
                            -19-     LRB093 04187 RLC 15093 a
 1    (d)  Confession of Judgment.
 2             In a confession of judgment when the amount does not
 3        exceed $1500, a minimum of $60  and  a  maximum  of  $70.
 4        When the amount exceeds $1500, but does not exceed $5000,
 5        a  minimum  of $75 and a maximum of $150. When the amount
 6        exceeds $5000, but does not exceed $15,000, a minimum  of
 7        $175  and  a  maximum  of  $260.  When the amount exceeds
 8        $15,000, a minimum of $250 and a maximum of $310.
 9    (e)  Appearance.
10             The fee for filing an appearance in each civil  case
11        shall  be  a minimum of $75 and a maximum of $110, except
12        as follows:
13                  (A)  When the plaintiff in a forcible entry and
14             detainer case seeks possession only,  a  minimum  of
15             $40 and a maximum of $80.
16                  (B)  When  the  amount  in  the  case  does not
17             exceed $1500, a minimum of $40 and a maximum of $80.
18                  (C)  When that amount exceeds  $1500  but  does
19             not  exceed  $15,000, a minimum of $60 and a maximum
20             of $90.
21    (f)  Garnishment, Wage Deduction, and Citation.
22             In garnishment affidavit, wage deduction  affidavit,
23        and  citation  petition  when  the amount does not exceed
24        $1,000, a minimum of $15 and a maximum of $25;  when  the
25        amount  exceeds  $1,000  but  does  not  exceed $5,000, a
26        minimum of $30 and a maximum of $45; and when the  amount
27        exceeds $5,000, a minimum of $50 and a maximum of $80.
28    (g)  Petition to Vacate, or Modify, or Reconsider.
29             (1)  Petition  to  vacate,  or modify, or reconsider
30        any final judgment or order of court, except in  forcible
31        entry  and  detainer  cases  and  small claims cases or a
32        petition to reopen an estate, to  modify,  terminate,  or
33        enforce a judgment or order for child or spousal support,
34        or   to  modify,  suspend,  or  terminate  an  order  for
 
                            -20-     LRB093 04187 RLC 15093 a
 1        withholding, if filed before 30 days after the  entry  of
 2        the  judgment or order, a minimum of $50 and a maximum of
 3        $60.
 4             (2)  Petition to vacate, or  modify,  or  reconsider
 5        any  final  judgment or order of court, except a petition
 6        to modify, terminate, or enforce a judgment or order  for
 7        child  or  spousal  support  or  to  modify,  suspend, or
 8        terminate an order for withholding, if filed  later  than
 9        30  days  after  the  entry  of  the judgment or order, a
10        minimum of $75 and a maximum of $90.
11             (3)  Petition to vacate order of bond forfeiture,  a
12        minimum of $40 and a maximum of $80.
13    (h)  Mailing.
14             When  the clerk is required to mail, the fee will be
15        a minimum of $10 and a maximum of $15, plus the  cost  of
16        postage.
17    (i)  Certified Copies.
18             Each  certified  copy of a judgment after the first,
19        except in small claims and forcible  entry  and  detainer
20        cases, a minimum of $15 and a maximum of $20.
21    (j)  Habeas Corpus.
22             For filing a petition for relief by habeas corpus, a
23        minimum of $125 and a maximum of $190.
24    (k)  Certification, Authentication, and Reproduction.
25             (1)  Each certification or authentication for taking
26        the  acknowledgment  of  a  deed  or  other instrument in
27        writing with the seal of office, a minimum of  $6  and  a
28        maximum of $9.
29             (2)  Court   appeals  when  original  documents  are
30        forwarded, under 100 pages, plus delivery  and  costs,  a
31        minimum of $75 and a maximum of $110.
32             (3)  Court   appeals  when  original  documents  are
33        forwarded, over 100 pages, plus  delivery  and  costs,  a
34        minimum of $150 and a maximum of $185.
 
                            -21-     LRB093 04187 RLC 15093 a
 1             (4)  Court   appeals  when  original  documents  are
 2        forwarded, over 200 pages, an additional fee of a minimum
 3        of 25 and a maximum of 30 cents per page.
 4             (5)  For reproduction of any document  contained  in
 5        the clerk's files:
 6                  (A)  First page, $2.
 7                  (B)  Next 19 pages, 50 cents per page.
 8                  (C)  All remaining pages, 25 cents per page.
 9    (l)  Remands.
10             In any cases remanded to the Circuit Court  from the
11        Supreme Court or the Appellate Court for a new trial, the
12        clerk  shall  file  the remanding order and reinstate the
13        case with either its original number  or  a  new  number.
14        The  Clerk shall not charge any new or additional fee for
15        the reinstatement.  Upon reinstatement  the  Clerk  shall
16        advise  the  parties of the reinstatement.  A party shall
17        have the same  right  to  a  jury  trial  on  remand  and
18        reinstatement  as he or she had before the appeal, and no
19        additional or new fee or charge shall be made for a  jury
20        trial after remand.
21    (m)  Record Search.
22             For   each  record  search,  within  a  division  or
23        municipal district, the clerk  shall  be  entitled  to  a
24        search  fee  of  a  minimum of $6 and a maximum of $9 for
25        each year searched.
26    (n)  Hard Copy.
27             For each page of hard copy print output,  when  case
28        records  are maintained on an automated medium, the clerk
29        shall be entitled to a fee of  a  minimum  of  $6  and  a
30        maximum of $9.
31    (o)  Index Inquiry and Other Records.
32             No    fee    shall   be   charged   for   a   single
33        plaintiff/defendant index inquiry or single  case  record
34        inquiry  when  this  request  is  made  in person and the
 
                            -22-     LRB093 04187 RLC 15093 a
 1        records are maintained in a current automated medium, and
 2        when no hard copy print output is requested.  The fees to
 3        be charged for management records, multiple case records,
 4        and multiple journal records  may  be  specified  by  the
 5        Chief  Judge  pursuant  to  the guidelines for access and
 6        dissemination of  information  approved  by  the  Supreme
 7        Court.
 8    (p)  Commitment Petitions.
 9             For  filing  commitment  petitions  under the Mental
10        Health and Developmental Disabilities Code, a minimum  of
11        $50 and a maximum of $100.
12    (q)  Alias Summons.
13             For  each  alias  summons  or citation issued by the
14        clerk, a minimum of $5 and a maximum of $6.
15    (r)  Other Fees.
16             Any fees not covered in this Section shall be set by
17        rule or administrative order of the  Circuit  Court  with
18        the approval of the Administrative Office of the Illinois
19        Courts.
20             The   clerk   of   the  circuit  court  may  provide
21        additional services for which there is no  fee  specified
22        by  statute  in  connection  with  the  operation  of the
23        clerk's office as may be  requested  by  the  public  and
24        agreed to by the clerk and approved by the chief judge of
25        the  circuit  court.  Any charges for additional services
26        shall be as agreed to between the  clerk  and  the  party
27        making the request and approved by the chief judge of the
28        circuit  court.   Nothing  in  this  subsection  shall be
29        construed to require any clerk to provide any service not
30        otherwise required by law.
31    (s)  Jury Services.
32             The clerk shall be entitled to receive, in  addition
33        to  other  fees  allowed  by law, the sum of a minimum of
34        $212.50 and maximum of $230, as a fee for the services of
 
                            -23-     LRB093 04187 RLC 15093 a
 1        a jury in every civil action not  quasi-criminal  in  its
 2        nature and not a proceeding for the exercise of the right
 3        of  eminent  domain and in every other action wherein the
 4        right of trial by jury is or may be given  by  law.   The
 5        jury  fee  shall be paid by the party demanding a jury at
 6        the time of filing the jury demand.  If the  fee  is  not
 7        paid  by  either  party,  no  jury shall be called in the
 8        action or proceeding, and the same shall be tried by  the
 9        court without a jury.
10    (t)  Voluntary Assignment.
11             For  filing  each  deed  of  voluntary assignment, a
12        minimum of $20 and a maximum of $40;  for  recording  the
13        same,  a  minimum  of 50¢ and a maximum of $0.80 for each
14        100 words. Exceptions filed to  claims  presented  to  an
15        assignee  of a debtor who has made a voluntary assignment
16        for the benefit of  creditors  shall  be  considered  and
17        treated,  for  the  purpose  of  taxing costs therein, as
18        actions  in  which  the  party  or  parties  filing   the
19        exceptions  shall  be  considered  as  party  or  parties
20        plaintiff,  and  the  claimant  or  claimants as party or
21        parties defendant, and those parties  respectively  shall
22        pay  to  the  clerk  the  same  fees  as provided by this
23        Section to be paid in other actions.
24    (u)  Expungement Petition.
25             The clerk shall be entitled to receive a  fee  of  a
26        minimum of $60 and a maximum of $120 for each expungement
27        petition  filed  and an additional fee of a minimum of $4
28        and a maximum of $8 for  each certified copy of an  order
29        to expunge arrest records.
30    (v)  Probate.
31             The  clerk is entitled to receive the fees specified
32        in this subsection (v), which shall be paid  in  advance,
33        except that, for good cause shown, the court may suspend,
34        reduce,   or   release   the  costs  payable  under  this
 
                            -24-     LRB093 04187 RLC 15093 a
 1        subsection:
 2             (1)  For administration of the estate of a  decedent
 3        (whether  testate or intestate) or of a missing person, a
 4        minimum of $150 and a maximum  of  $225,  plus  the  fees
 5        specified in subsection (v)(3), except:
 6                  (A)  When  the  value  of the real and personal
 7             property does not exceed $15,000, the fee shall be a
 8             minimum of $40 and a maximum of $65.
 9                  (B)  When (i) proof of heirship alone is  made,
10             (ii)  a  domestic  or  foreign  will  is admitted to
11             probate without administration (including  proof  of
12             heirship), or (iii) letters of office are issued for
13             a  particular  purpose without administration of the
14             estate, the fee shall be a  minimum  of  $40  and  a
15             maximum of $65.
16             (2)  For  administration  of the estate of a ward, a
17        minimum of $75 and a  maximum  of  $110,  plus  the  fees
18        specified in subsection (v)(3), except:
19                  (A)  When  the  value  of the real and personal
20             property does not exceed $15,000, the fee shall be a
21             minimum of $40 and a maximum of $65.
22                  (B)  When (i) letters of office are issued to a
23             guardian of the person or persons, but  not  of  the
24             estate  or  (ii) letters of office are issued in the
25             estate of  a  ward  without  administration  of  the
26             estate, including filing or joining in the filing of
27             a  tax  return or releasing a mortgage or consenting
28             to the marriage of the ward,  the  fee  shall  be  a
29             minimum of $20 and a maximum of $40.
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,
 
                            -25-     LRB093 04187 RLC 15093 a
 1             a minimum of $25 and a maximum of $40.
 2                  (B)  For filing a claim in an estate  when  the
 3             amount claimed is $150 or more but less than $500, a
 4             minimum of $20 and a maximum of $40; when the amount
 5             claimed  is  $500  or  more but less than $10,000, a
 6             minimum of $40 and a maximum of $65; when the amount
 7             claimed is $10,000 or more, a minimum of $60  and  a
 8             maximum  of $90; provided that the court in allowing
 9             a claim may add to the amount allowed the filing fee
10             paid by the claimant.
11                  (C)  For filing in an estate a claim, petition,
12             or supplemental  proceeding  based  upon  an  action
13             seeking  equitable relief including the construction
14             or contest of a will, enforcement of a  contract  to
15             make  a will, and proceedings involving testamentary
16             trusts or the appointment of testamentary  trustees,
17             a minimum of $60 and a maximum of $90.
18                  (D)  For filing in an estate (i) the appearance
19             of any person for the purpose of consent or (ii) the
20             appearance    of    an    executor,   administrator,
21             administrator  to  collect,  guardian,  guardian  ad
22             litem, or special administrator, no fee.
23                  (E)  Except   as   provided    in    subsection
24             (v)(3)(D),  for  filing the appearance of any person
25             or persons, a minimum of $30 and a maximum of $90.
26                  (F)  For each jury demand, a minimum of $137.50
27             and a maximum of $180.
28                  (G)  For disposition of  the  collection  of  a
29             judgment  or  settlement  of  an action or claim for
30             wrongful death of a decedent  or  of  any  cause  of
31             action   of   a   ward,   when  there  is  no  other
32             administration of the estate, a minimum of $50 and a
33             maximum  of  $80,  less  any   amount   paid   under
34             subsection (v)(1)(B) or (v)(2)(B) except that if the
 
                            -26-     LRB093 04187 RLC 15093 a
 1             amount  involved  does  not  exceed $5,000, the fee,
 2             including any amount paid under subsection (v)(1)(B)
 3             or (v)(2)(B), shall  be  a  minimum  of  $20  and  a
 4             maximum of $40.
 5                  (H)  For  each  certified  copy  of  letters of
 6             office, of court order  or  other  certification,  a
 7             minimum  of $2 and a maximum of $4, plus $1 per page
 8             in excess of 3 pages for the document certified.
 9                  (I)  For each exemplification, $2, plus the fee
10             for certification.
11             (4)  The    executor,    administrator,    guardian,
12        petitioner, or other interested  person  or  his  or  her
13        attorney  shall  pay the cost of publication by the clerk
14        directly to the newspaper.
15             (5)  The person on whose behalf a charge is incurred
16        for  witness,  court  reporter,   appraiser,   or   other
17        miscellaneous  fee  shall  pay  the  same directly to the
18        person entitled thereto.
19             (6)  The    executor,    administrator,    guardian,
20        petitioner, or other interested  person  or  his  or  her
21        attorney  shall  pay  to  the  clerk  all postage charges
22        incurred by  the  clerk  in  mailing  petitions,  orders,
23        notices, or other documents pursuant to the provisions of
24        the Probate Act of 1975.
25    (w)  Criminal and Quasi-Criminal Costs and Fees.
26             (1)  The  clerk  shall  be  entitled to costs in all
27        criminal  and  quasi-criminal  cases  from  each   person
28        convicted or sentenced to supervision therein as follows:
29                  (A)  Felony complaints, a minimum of $125 and a
30             maximum of $190.
31                  (B)  Misdemeanor  complaints,  a minimum of $75
32             and a maximum of $110.
33                  (C)  Business offense complaints, a minimum  of
34             $75 and a maximum of $110.
 
                            -27-     LRB093 04187 RLC 15093 a
 1                  (D)  Petty offense complaints, a minimum of $75
 2             and a maximum of $110.
 3                  (E)  Minor  traffic  or  ordinance  violations,
 4             $30.
 5                  (F)  When court appearance required, $50.
 6                  (G)  Motions to vacate or amend final orders, a
 7             minimum of $40 and a maximum of $80.
 8                  (H)  Motions  to vacate bond forfeiture orders,
 9             a minimum of $30 and a maximum of $45.
10                  (I)  Motions  to  vacate  ex  parte  judgments,
11             whenever filed, a minimum of $30 and  a  maximum  of
12             $45.
13                  (J)  Motions to vacate judgment on forfeitures,
14             whenever  filed,  a  minimum of $25 and a maximum of
15             $30.
16                  (K)  Motions to vacate "failure to  appear"  or
17             "failure to comply" notices sent to the Secretary of
18             State, a minimum of $40 and a maximum of $50.
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        a minimum of $112.50 and a maximum of $250 as a  fee  for
32        the  services  of  a jury.  The jury fee shall be paid by
33        the defendant at the time  of  filing  his  or  her  jury
34        demand.   If  the fee is not so paid by the defendant, no
 
                            -28-     LRB093 04187 RLC 15093 a
 1        jury shall be called, and the case shall be tried by  the
 2        court without a jury.
 3    (x)  Transcripts of Judgment.
 4             For  the  filing  of  a  transcript of judgment, the
 5        clerk shall be entitled to the same fee as if it were the
 6        commencement of a new suit.
 7    (y)  Change of Venue.
 8             (1)  For the filing of a change of case on a  change
 9        of  venue, the clerk shall be entitled to the same fee as
10        if it were the commencement of a new suit.
11             (2)  The fee for the preparation  and  certification
12        of a record on a change of venue to another jurisdiction,
13        when  original  documents are forwarded, a minimum of $40
14        and a maximum of $65.
15    (z)  Tax objection complaints.
16             For each tax objection complaint containing  one  or
17        more  tax objections, regardless of the number of parcels
18        involved or  the  number  of  taxpayers  joining  in  the
19        complaint, a minimum of $50 and a maximum of $100.
20    (aa)  Tax Deeds.
21             (1)  Petition  for  tax  deed, if only one parcel is
22        involved, a minimum of $250 and a maximum of $400.
23             (2)  For each additional parcel,  add  a  fee  of  a
24        minimum of $100 and a maximum of $200.
25    (bb)  Collections.
26             (1)  For  all collections made of others, except the
27        State and county  and  except  in  maintenance  or  child
28        support  cases,  a  sum  equal  to  3.0%  of  the  amount
29        collected and turned over.
30             (2)  Interest  earned on any funds held by the clerk
31        shall be turned over to the county  general  fund  as  an
32        earning of the office.
33             (3)  For  any check, draft, or other bank instrument
34        returned to the clerk for non-sufficient  funds,  account
 
                            -29-     LRB093 04187 RLC 15093 a
 1        closed, or payment stopped, $25.
 2             (4)  In  child  support  and  maintenance cases, the
 3        clerk, if authorized by an ordinance of the county board,
 4        may collect an annual fee of up to $36  from  the  person
 5        making  payment for maintaining child support records and
 6        the processing of support orders to the State of Illinois
 7        KIDS system and the recording of payments issued  by  the
 8        State  Disbursement  Unit  for the official record of the
 9        Court.  This fee shall be in  addition  to  and  separate
10        from  amounts  ordered to be paid as maintenance or child
11        support  and  shall  be   deposited   into   a   Separate
12        Maintenance  and  Child Support Collection Fund, of which
13        the clerk shall be the custodian, ex-officio, to be  used
14        by  the clerk to maintain child support orders and record
15        all payments issued by the State  Disbursement  Unit  for
16        the  official record of the Court.  The clerk may recover
17        from the person making the maintenance or  child  support
18        payment any additional cost incurred in the collection of
19        this annual fee.
20             The  clerk shall also be entitled to a fee of $5 for
21        certifications made to the Secretary of State as provided
22        in Section 7-703 of the Family  Financial  Responsibility
23        Law  and  these  fees  shall  also  be deposited into the
24        Separate Maintenance and Child Support Collection Fund.
25    (cc)  Corrections of Numbers.
26             For correction of the case number,  case  title,  or
27        attorney  computer  identification number, if required by
28        rule of court, on  any  document  filed  in  the  clerk's
29        office,  to  be  charged against the party that filed the
30        document, a minimum of $25 and a maximum of $40.
31    (dd)  Exceptions.
32             (1)  The fee requirements of this Section shall  not
33        apply  to  police  departments  or  other law enforcement
34        agencies.  In  this  Section,  "law  enforcement  agency"
 
                            -30-     LRB093 04187 RLC 15093 a
 1        means  an  agency  of  the  State  or  a  unit  of  local
 2        government  which  is vested by law or ordinance with the
 3        duty to maintain public order  and  to  enforce  criminal
 4        laws  or ordinances.  "Law enforcement agency" also means
 5        the Attorney General or any state's attorney.
 6             (2)  No fee provided herein shall be charged to  any
 7        unit  of  local  government  or  school district. The fee
 8        requirements of this  Section  shall  not  apply  to  any
 9        action instituted under subsection (b) of Section 11-31-1
10        of  the  Illinois  Municipal  Code  by a private owner or
11        tenant of real property within 1200 feet of  a  dangerous
12        or  unsafe building seeking an order compelling the owner
13        or owners of the building to  take  any  of  the  actions
14        authorized under that subsection.
15    (ee)  Adoption.
16             (1)  For an adoption.............................$65
17             (2)  Upon  good cause shown, the court may waive the
18        adoption filing fee in a  special  needs  adoption.   The
19        term  "special  needs  adoption"  shall  have the meaning
20        ascribed to it by the Illinois Department of Children and
21        Family Services.
22    (ff)  Adoption exemptions.
23             No fee other than that set forth in subsection  (ee)
24        shall  be  charged  to  any  person in connection with an
25        adoption proceeding.
26    (Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
27    91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)"; and

28    on page 1, by inserting below line 30 the following:

29        "Section  10.  The  Circuit Court Clerk Regulation Act is
30    amended by adding Section 1.5 as follows:

31        (705 ILCS 110/1.5 new)
32        Sec. 1.5.  Assisting court users; clerk or deputy clerks;
 
                            -31-     LRB093 04187 RLC 15093 a
 1    prohibition; unauthorized information and  assistance.  Court
 2    staff may not do any of the following:
 3             (1)  Provide legal advice or recommend a specific of
 4        action for an individual.  If a court user asks for legal
 5        advice,  court  staff shall advise the person to seek the
 6        assistance of an attorney.
 7             (2)  Apply the law to the facts of a given case,  or
 8        give   directions  regarding  how  an  individual  should
 9        respond or behave in any part of the legal process.
10             (3)  Recommend  whether  to  file  a   petition   or
11        pleading, or suggest phrasing or content of pleadings.
12             (4)  Fill  out  forms, or direct litigants as to how
13        to fill  out  forms.  If  the  litigant  has  a  physical
14        disability  or is illiterate and therefore unable to fill
15        in a form, and the litigant explains  the  disability  to
16        the   clerk's   staff  member  and  requests  appropriate
17        assistance, then the staff member may fill  in  the  form
18        with the exact words provided by the litigant and another
19        staff  member must witness the action. If the litigant is
20        seeking an order of protection, the clerk, in  accordance
21        with  the  Illinois  Domestic  Violence  Act of 1986, may
22        provide simplified forms and clerical assistance to  help
23        with the writing and the filing of a petition.
24             (5)  Recommend  specific people against whom to file
25        petitions or pleadings.
26             (6)  Recommend specific types of claims or arguments
27        to assert in pleadings or at trial.
28             (7)  Recommend what  damages  to  seek  or  specific
29        individuals from whom to seek damages.
30             (8)  Recommend  specific  questions to ask witnesses
31        or litigants.
32             (9)  Recommend specific  techniques  for  presenting
33        evidence in pleadings or at trial.
34             (10)  Recommend  which  objection to raise regarding
 
                            -32-     LRB093 04187 RLC 15093 a
 1        an opponent's pleadings or motions at trial or  when  and
 2        specifically how to raise them.
 3             (11)  Recommend when an individual should request or
 4        oppose a continuance.
 5             (12)  Recommend when or whether an individual should
 6        settle a dispute.
 7             (13)  Recommend  whether an individual should appeal
 8        a judge's decision.
 9             (14)  Interpret  the  meaning  or   implication   of
10        statutes or appellate court decisions as they might apply
11        to an individual case.
12             (15)  Perform legal research.
13             (16)  Predict  the  outcome  of a case, strategy, or
14        action.
15             (17)  Reveal  the  outcome  of  a  case  before  the
16        information is officially released to  the  litigants  or
17        public.

18        Section  15.   The  Illinois  Marriage and Dissolution of
19    Marriage Act is amended by changing Section 706.3 as follows:

20        (750 ILCS 5/706.3)
21        Sec. 706.3.  Information concerning obligors.
22        (a)  In this Section:
23        "Arrearage", "delinquency",  "obligor",  and  "order  for
24    support"  have  the meanings attributed to those terms in the
25    Income Withholding for Support Act.
26        "Consumer reporting agency" has the meaning attributed to
27    that term in Section 603(f) of the Fair Credit Reporting Act,
28    15 U.S.C. 1681a(f).
29        (b)  Whenever a court  of  competent  jurisdiction  finds
30    that an obligor either owes an arrearage of more than $10,000
31    or  is delinquent in payment of an amount equal to at least 3
32    months' support obligation pursuant to an order for  support,
 
                            -33-     LRB093 04187 RLC 15093 a
 1    the  court  shall  direct  the  clerk  of  the  court to make
 2    information concerning  the  obligor  available  to  consumer
 3    reporting agencies.
 4        (c)  Whenever  a  court  of  competent jurisdiction finds
 5    that an obligor either owes an arrearage of more than $10,000
 6    or is delinquent in payment of an amount equal to at least  3
 7    months'  support obligation pursuant to an order for support,
 8    the court shall direct the clerk of the court  to  cause  the
 9    obligor's  name and address to be published in a newspaper of
10    general circulation in the area in which the obligor resides.
11    The clerk shall cause the obligor's name and  address  to  be
12    published  only after sending to the obligor at the obligor's
13    last  known  address,  by  certified  mail,  return   receipt
14    requested,  a  notice  of  intent to publish the information.
15    This subsection (c) applies only if the  obligor  resides  in
16    the county in which the clerk of the court holds office.
17        (d)  Whenever  an  obligor fails to pay the child support
18    annual fee for a period of 3 years, the clerk  of  the  court
19    may notify credit reporting agencies of the arrearage and may
20    make the amount owed part of the obligor's credit history.
21    (Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)".