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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3223eng HB3223 Engrossed LRB9110962DHks 1 AN ACT to amend the Clerks of Courts Act by changing 2 Section 27.2a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 10. The Clerks of Courts Act is amended by 6 changing Section 27.2a as follows: 7 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 8 Sec. 27.2a. The fees of the clerks of the circuit court 9 in all counties having a population of 3,000,000 or more 10 inhabitants in the instances described in this Section shall 11 be as provided in this Section. The fees shall be paid in 12 advance and shall be as follows: 13 (a) Civil Cases. 14 The fee for filing a complaint, petition, or other 15 pleading initiating a civil action, with the following 16 exceptions, shall be $190. 17 (A) When the amount of money or damages or the 18 value of personal property claimed does not exceed 19 $250, $15. 20 (B) When that amount exceeds $250 but does not 21 exceed $1000, $40. 22 (C) When that amount exceeds $1000 but does 23 not exceed $2500, $50. 24 (D) When that amount exceeds $2500 but does 25 not exceed $5000, $100. 26 (E) When that amount exceeds $5000 but does 27 not exceed $15,000, $150. 28 (F) For the exercise of eminent domain, $150. 29 For each additional lot or tract of land or right or 30 interest therein subject to be condemned, the 31 damages in respect to which shall require separate HB3223 Engrossed -2- LRB9110962DHks 1 assessment by a jury, $150. 2 (G) For the final determination of parking, 3 standing, and compliance violations and final 4 administrative decisions issued after hearings 5 regarding vehicle immobilization and impoundment 6 made pursuant to Sections 3-704.1, 6-306.5, and 7 11-208.3 of the Illinois Vehicle Code, $25. 8 (b) Forcible Entry and Detainer. 9 In each forcible entry and detainer case when the 10 plaintiff seeks possession only or unites with his or her 11 claim for possession of the property a claim for rent or 12 damages or both in the amount of $15,000 or less, $75. 13 When the plaintiff unites his or her claim for possession 14 with a claim for rent or damages or both exceeding 15 $15,000, $225. 16 (c) Counterclaim or Joining Third Party Defendant. 17 When any defendant files a counterclaim as part of 18 his or her answer or otherwise or joins another party as 19 a third party defendant, or both, the defendant shall pay 20 a fee for each counterclaim or third party action in an 21 amount equal to the fee he or she would have had to pay 22 had he or she brought a separate action for the relief 23 sought in the counterclaim or against the third party 24 defendant, less the amount of the appearance fee, if that 25 has been paid. 26 (d) Confession of Judgment. 27 In a confession of judgment when the amount does not 28 exceed $1500, $60. When the amount exceeds $1500, but 29 does not exceed $5000, $75. When the amount exceeds 30 $5000, but does not exceed $15,000, $175. When the amount 31 exceeds $15,000, $250. 32 (e) Appearance. 33 The fee for filing an appearance in each civil case 34 shall be $75, except as follows: HB3223 Engrossed -3- LRB9110962DHks 1 (A) When the plaintiff in a forcible entry and 2 detainer case seeks possession only, $40. 3 (B) When the amount in the case does not 4 exceed $1500, $40. 5 (C) When that amount exceeds $1500 but does 6 not exceed $15,000, $60. 7 (f) Garnishment, Wage Deduction, and Citation. 8 In garnishment affidavit, wage deduction affidavit, 9 and citation petition when the amount does not exceed 10 $1,000, $15; when the amount exceeds $1,000 but does not 11 exceed $5,000, $30; and when the amount exceeds $5,000, 12 $50. 13 (g) Petition to Vacate or Modify. 14 (1) Petition to vacate or modify any final judgment 15 or order of court, except in forcible entry and detainer 16 cases and small claims cases or a petition to reopen an 17 estate, to modify, terminate, or enforce a judgment or 18 order for child or spousal support, or to modify, 19 suspend, or terminate an order for withholding, if filed 20 before 30 days after the entry of the judgment or order, 21 $50. 22 (2) Petition to vacate or modify any final judgment 23 or order of court, except a petition to modify, 24 terminate, or enforce a judgment or order for child or 25 spousal support or to modify, suspend, or terminate an 26 order for withholding, if filed later than 30 days after 27 the entry of the judgment or order, $75. 28 (3) Petition to vacate order of bond forfeiture, 29 $40. 30 (h) Mailing. 31 When the clerk is required to mail, the fee will be 32 $10, plus the cost of postage. 33 (i) Certified Copies. 34 Each certified copy of a judgment after the first, HB3223 Engrossed -4- LRB9110962DHks 1 except in small claims and forcible entry and detainer 2 cases, $15. 3 (j) Habeas Corpus. 4 For filing a petition for relief by habeas corpus, 5 $125. 6 (k) Certification, Authentication, and Reproduction. 7 (1) Each certification or authentication for taking 8 the acknowledgment of a deed or other instrument in 9 writing with the seal of office, $6. 10 (2) Court appeals when original documents are 11 forwarded, under 100 pages, plus delivery and costs, $75. 12 (3) Court appeals when original documents are 13 forwarded, over 100 pages, plus delivery and costs, $150. 14 (4) Court appeals when original documents are 15 forwarded, over 200 pages, an additional fee of 25 cents 16 per page. 17 (5) For reproduction of any document contained in 18 the clerk's files: 19 (A) First page, $2. 20 (B) Next 19 pages, 50 cents per page. 21 (C) All remaining pages, 25 cents per page. 22 (l) Remands. 23 In any cases remanded to the Circuit Court from the 24 Supreme Court or the Appellate Court for a new trial, the 25 clerk shall file the remanding order and reinstate the 26 case with either its original number or a new number. 27 The Clerk shall not charge any new or additional fee for 28 the reinstatement. Upon reinstatement the Clerk shall 29 advise the parties of the reinstatement. A party shall 30 have the same right to a jury trial on remand and 31 reinstatement as he or she had before the appeal, and no 32 additional or new fee or charge shall be made for a jury 33 trial after remand. 34 (m) Record Search. HB3223 Engrossed -5- LRB9110962DHks 1 For each record search, within a division or 2 municipal district, the clerk shall be entitled to a 3 search fee of $6 for each year searched. 4 (n) Hard Copy. 5 For each page of hard copy print output, when case 6 records are maintained on an automated medium, the clerk 7 shall be entitled to a fee of $6. 8 (o) Index Inquiry and Other Records. 9 No fee shall be charged for a single 10 plaintiff/defendant index inquiry or single case record 11 inquiry when this request is made in person and the 12 records are maintained in a current automated medium, and 13 when no hard copy print output is requested. The fees to 14 be charged for management records, multiple case records, 15 and multiple journal records may be specified by the 16 Chief Judge pursuant to the guidelines for access and 17 dissemination of information approved by the Supreme 18 Court. 19 (p) Commitment Petitions. 20 For filing commitment petitions under the Mental 21 Health and Developmental Disabilities Code, $50. 22 (q) Alias Summons. 23 For each alias summons or citation issued by the 24 clerk, $5. 25 (r) Other Fees. 26 Any fees not covered in this Section shall be set by 27 rule or administrative order of the Circuit Court with 28 the approval of the Administrative Office of the Illinois 29 Courts. 30 The clerk of the circuit court may provide 31 additional services for which there is no fee specified 32 by statute in connection with the operation of the 33 clerk's office as may be requested by the public and 34 agreed to by the clerk and approved by the chief judge of HB3223 Engrossed -6- LRB9110962DHks 1 the circuit court. Any charges for additional services 2 shall be as agreed to between the clerk and the party 3 making the request and approved by the chief judge of the 4 circuit court. Nothing in this subsection shall be 5 construed to require any clerk to provide any service not 6 otherwise required by law. 7 (s) Jury Services. 8 The clerk shall be entitled to receive, in addition 9 to other fees allowed by law, the sum of $212.50, as a 10 fee for the services of a jury in every civil action not 11 quasi-criminal in its nature and not a proceeding for the 12 exercise of the right of eminent domain and in every 13 other action wherein the right of trial by jury is or may 14 be given by law. The jury fee shall be paid by the party 15 demanding a jury at the time of filing the jury demand. 16 If the fee is not paid by either party, no jury shall be 17 called in the action or proceeding, and the same shall be 18 tried by the court without a jury. 19 (t) Voluntary Assignment. 20 For filing each deed of voluntary assignment, $20; 21 for recording the same, 50¢ for each 100 words. 22 Exceptions filed to claims presented to an assignee of a 23 debtor who has made a voluntary assignment for the 24 benefit of creditors shall be considered and treated, for 25 the purpose of taxing costs therein, as actions in which 26 the party or parties filing the exceptions shall be 27 considered as party or parties plaintiff, and the 28 claimant or claimants as party or parties defendant, and 29 those parties respectively shall pay to the clerk the 30 same fees as provided by this Section to be paid in other 31 actions. 32 (u) Expungement Petition. 33 The clerk shall be entitled to receive a fee of $60 34 for each expungement petition filed and an additional fee HB3223 Engrossed -7- LRB9110962DHks 1 of $4 for each certified copy of an order to expunge 2 arrest records. 3 (v) Probate. 4 The clerk is entitled to receive the fees specified in 5 this subsection (v), which shall be paid in advance, except 6 that, for good cause shown, the court may suspend, reduce, or 7 release the costs payable under this subsection: 8 (1) For administration of the estate of a decedent 9 (whether testate or intestate) or of a missing person, 10 $150, plus the fees specified in subsection (v)(3), 11 except: 12 (A) When the value of the real and personal 13 property does not exceed $15,000, the fee shall be 14 $40. 15 (B) When (i) proof of heirship alone is made, 16 (ii) a domestic or foreign will is admitted to 17 probate without administration (including proof of 18 heirship), or (iii) letters of office are issued for 19 a particular purpose without administration of the 20 estate, the fee shall be $40. 21 (2) For administration of the estate of a ward, 22 $75, plus the fees specified in subsection (v)(3), 23 except: 24 (A) When the value of the real and personal 25 property does not exceed $15,000, the fee shall be 26 $40. 27 (B) When (i) letters of office are issued to a 28 guardian of the person or persons, but not of the 29 estate or (ii) letters of office are issued in the 30 estate of a ward without administration of the 31 estate, including filing or joining in the filing of 32 a tax return or releasing a mortgage or consenting 33 to the marriage of the ward, the fee shall be $20. 34 (3) In addition to the fees payable under HB3223 Engrossed -8- LRB9110962DHks 1 subsection (v)(1) or (v)(2) of this Section, the 2 following fees are payable: 3 (A) For each account (other than one final 4 account) filed in the estate of a decedent, or ward, 5 $25. 6 (B) For filing a claim in an estate when the 7 amount claimed is $150 or more but less than $500, 8 $20; when the amount claimed is $500 or more but 9 less than $10,000, $40; when the amount claimed is 10 $10,000 or more, $60; provided that the court in 11 allowing a claim may add to the amount allowed the 12 filing fee paid by the claimant. 13 (C) For filing in an estate a claim, petition, 14 or supplemental proceeding based upon an action 15 seeking equitable relief including the construction 16 or contest of a will, enforcement of a contract to 17 make a will, and proceedings involving testamentary 18 trusts or the appointment of testamentary trustees, 19 $60. 20 (D) For filing in an estate (i) the appearance 21 of any person for the purpose of consent or (ii) the 22 appearance of an executor, administrator, 23 administrator to collect, guardian, guardian ad 24 litem, or special administrator, no fee. 25 (E) Except as provided in subsection 26 (v)(3)(D), for filing the appearance of any person 27 or persons, $30. 28 (F) For each jury demand, $137.50. 29 (G) For disposition of the collection of a 30 judgment or settlement of an action or claim for 31 wrongful death of a decedent or of any cause of 32 action of a ward, when there is no other 33 administration of the estate, $50, less any amount 34 paid under subsection (v)(1)(B) or (v)(2)(B) except HB3223 Engrossed -9- LRB9110962DHks 1 that if the amount involved does not exceed $5,000, 2 the fee, including any amount paid under subsection 3 (v)(1)(B) or (v)(2)(B), shall be $20. 4 (H) For each certified copy of letters of 5 office, of court order or other certification, $2, 6 plus $1 per page in excess of 3 pages for the 7 document certified. 8 (I) For each exemplification, $2, plus the fee 9 for certification. 10 (4) The executor, administrator, guardian, 11 petitioner, or other interested person or his or her 12 attorney shall pay the cost of publication by the clerk 13 directly to the newspaper. 14 (5) The person on whose behalf a charge is incurred 15 for witness, court reporter, appraiser, or other 16 miscellaneous fee shall pay the same directly to the 17 person entitled thereto. 18 (6) The executor, administrator, guardian, 19 petitioner, or other interested person or his or her 20 attorney shall pay to the clerk all postage charges 21 incurred by the clerk in mailing petitions, orders, 22 notices, or other documents pursuant to the provisions of 23 the Probate Act of 1975. 24 (w) Criminal and Quasi-Criminal Costs and Fees. 25 (1) The clerk shall be entitled to costs in all 26 criminal and quasi-criminal cases from each person 27 convicted or sentenced to supervision therein as follows: 28 (A) Felony complaints, $125. 29 (B) Misdemeanor complaints, $75. 30 (C) Business offense complaints, $75. 31 (D) Petty offense complaints, $75. 32 (E) Minor traffic or ordinance violations, 33 $30. 34 (F) When court appearance required, $50. HB3223 Engrossed -10- LRB9110962DHks 1 (G) Motions to vacate or amend final orders, 2 $40. 3 (H) Motions to vacate bond forfeiture orders, 4 $30. 5 (I) Motions to vacate ex parte judgments, 6 whenever filed, $30. 7 (J) Motions to vacate judgment on forfeitures, 8 whenever filed, $25. 9 (K) Motions to vacate "failure to appear" or 10 "failure to comply" notices sent to the Secretary of 11 State, $40. 12 (2) In counties having a population of 3,000,000 or 13 more, when the violation complaint is issued by a 14 municipal police department, the clerk shall be entitled 15 to costs from each person convicted therein as follows: 16 (A) Minor traffic or ordinance violations, 17 $30. 18 (B) When court appearance required, $50. 19 (3) In ordinance violation cases punishable by fine 20 only, the clerk of the circuit court shall be entitled to 21 receive, unless the fee is excused upon a finding by the 22 court that the defendant is indigent, in addition to 23 other fees or costs allowed or imposed by law, the sum of 24 $112.50 as a fee for the services of a jury. The jury 25 fee shall be paid by the defendant at the time of filing 26 his or her jury demand. If the fee is not so paid by the 27 defendant, no jury shall be called, and the case shall be 28 tried by the court without a jury. 29 (x) Transcripts of Judgment. 30 For the filing of a transcript of judgment, the 31 clerk shall be entitled to the same fee as if it were the 32 commencement of a new suit. 33 (y) Change of Venue. 34 (1) For the filing of a change of case on a change HB3223 Engrossed -11- LRB9110962DHks 1 of venue, the clerk shall be entitled to the same fee as 2 if it were the commencement of a new suit. 3 (2) The fee for the preparation and certification 4 of a record on a change of venue to another jurisdiction, 5 when original documents are forwarded, $40. 6 (z) Tax objection complaints. 7 For each tax objection complaint containing one or 8 more tax objections, regardless of the number of parcels 9 involved or the number of taxpayers joining in the 10 complaint, $50. 11 (aa) Tax Deeds. 12 (1) Petition for tax deed, if only one parcel is 13 involved, $250. 14 (2) For each additional parcel, add a fee of $100. 15 (bb) Collections. 16 (1) For all collections made of others, except the 17 State and county and except in maintenance or child 18 support cases, a sum equal to 3.0% of the amount 19 collected and turned over. 20 (2) Interest earned on any funds held by the clerk 21 shall be turned over to the county general fund as an 22 earning of the office. 23 (3) For any check, draft, or other bank instrument 24 returned to the clerk for non-sufficient funds, account 25 closed, or payment stopped, $25. 26 (4) In child support and maintenance cases, the 27 clerk, if authorized by an ordinance of the county board, 28 may collect an annual fee of up to $36 from the person 29 making payment for maintaining child support records and 30 the processing of support orders to the State of Illinois 31 KIDS system and the recording of payments issued by the 32 State Disbursement Unit for the official record of the 33 Court. This fee shall be in addition to and separate 34 from amounts ordered to be paid as maintenance or child HB3223 Engrossed -12- LRB9110962DHks 1 support and shall be deposited into a Separate 2 Maintenance and Child Support Collection Fund, of which 3 the clerk shall be the custodian, ex-officio, to be used 4 by the clerk to maintain child support orders and record 5 all payments issued by the State Disbursement Unit for 6 the official record of the Court. The clerk may recover 7 from the person making the maintenance or child support 8 payment any additional cost incurred in the collection of 9 this annual fee. 10 The clerk shall also be entitled to a fee of $5 for 11 certifications made to the Secretary of State as provided 12 in Section 7-703 of the Family Financial Responsibility 13 Law and these fees shall also be deposited into the 14 Separate Maintenance and Child Support Collection Fund. 15 (cc) Corrections of Numbers. 16 For correction of the case number, case title, or 17 attorney computer identification number, if required by 18 rule of court, on any document filed in the clerk's 19 office, to be charged against the party that filed the 20 document, $25. 21 (dd) Exceptions. 22 (1) The fee requirements of this Section shall not 23 apply to police departments or other law enforcement 24 agencies. In this Section, "law enforcement agency" 25 means an agency of the State or a unit of local 26 government which is vested by law or ordinance with the 27 duty to maintain public order and to enforce criminal 28 laws or ordinances. "Law enforcement agency" also means 29 the Attorney General or any state's attorney. 30 (2) No fee provided herein shall be charged to any 31 unit of local government or school district. The fee 32 requirements of this Section shall not apply to any 33 action instituted under subsection (b) of Section 11-31-1 34 of the Illinois Municipal Code by a private owner or HB3223 Engrossed -13- LRB9110962DHks 1 tenant of real property within 1200 feet of a dangerous 2 or unsafe building seeking an order compelling the owner 3 or owners of the building to take any of the actions 4 authorized under that subsection. 5 (ee) Adoption. 6 (1) For an adoption.............................$65 7 (2) Upon good cause shown, the court may waive the 8 adoption filing fee in a special needs adoption. The 9 term "special needs adoption" shall have the meaning 10 ascribed to it by the Illinois Department of Children and 11 Family Services. 12 (ff) Adoption exemptions. 13 No fee other than that set forth in subsection (ee) 14 shall be charged to any person in connection with an 15 adoption proceeding. 16 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 17 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 18 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.