Public Act 93-0039

HB0269 Enrolled                      LRB093 04365 RLC 04415 b

    AN ACT concerning fees.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   The  Clerks  of  Courts  Act is amended by
changing Section 27.1a as follows:

    (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
    Sec. 27.1a.  The fees of the clerks of the circuit  court
in  all  counties having a population of in excess of 180,000
but not  more  than  500,000  inhabitants  in  the  instances
described  in  this  Section  shall  be  as  provided in this
Section. In those instances where a minimum and  maximum  fee
is  stated,  the  clerk  of the circuit court must charge the
minimum fee listed and may charge up to the  maximum  fee  if
the  county  board  has  by resolution increased the fee. The
fees shall be paid in advance and shall be as follows:
(a)  Civil Cases.
         The fee for filing a complaint, petition,  or  other
    pleading  initiating  a  civil action, with the following
    exceptions, shall be a minimum of $40 and  a  maximum  of
    $160 $150.
              (A)  When the amount of money or damages or the
         value  of  personal property claimed does not exceed
         $250, $10.
              (B)  When that amount exceeds $250 but does not
         exceed $500, a minimum of $10 and a maximum of $20.
              (C)  When that amount exceeds $500 but does not
         exceed $2500, a minimum of $25 and a maximum of  $40
         $30.
              (D)  When  that  amount  exceeds $2500 but does
         not exceed $15,000, a minimum of $25 and  a  maximum
         of $75.
              (E)  For  the  exercise  of  eminent  domain, a
         minimum of $45 and a  maximum  of  $150.   For  each
         additional lot or tract of land or right or interest
         therein  subject  to  be  condemned,  the damages in
         respect to which shall require  separate  assessment
         by a jury, a minimum of $45 and a maximum of $150.
(a-1)  Family.
         For  filing  a petition under the Juvenile Court Act
    of 1987, $25.
         For filing a petition for a marriage license, $10.
         For performing a marriage in court, $10.
         For filing a petition under the  Illinois  Parentage
    Act of 1984, $40.
(b)  Forcible Entry and Detainer.
         In  each  forcible  entry and detainer case when the
    plaintiff seeks possession only or unites with his or her
    claim for possession of the property a claim for rent  or
    damages  or  both  in  the  amount  of $15,000 or less, a
    minimum of $10  and  a  maximum  of  $50  $40.  When  the
    plaintiff  unites  his or her claim for possession with a
    claim for rent or damages or both  exceeding  $15,000,  a
    minimum of $40 and a maximum of $160 $150.
(c)  Counterclaim or Joining Third Party Defendant.
         When  any  defendant files a counterclaim as part of
    his or her answer or otherwise or joins another party  as
    a third party defendant, or both, the defendant shall pay
    a  fee  for each counterclaim or third party action in an
    amount equal to the fee he or she would have had  to  pay
    had  he  or  she brought a separate action for the relief
    sought in the counterclaim or  against  the  third  party
    defendant, less the amount of the appearance fee, if that
    has been paid.
(d)  Confession of Judgment.
         In a confession of judgment when the amount does not
    exceed $1500, a minimum of $20 and a maximum of $50. When
    the  amount exceeds $1500, but does not exceed $15,000, a
    minimum of $40 and a maximum of  $115.  When  the  amount
    exceeds $15,000, a minimum of $40 and a maximum of $200.
(e)  Appearance.
         The  fee for filing an appearance in each civil case
    shall be a minimum of $15  and  a  maximum  of  $60  $50,
    except as follows:
              (A)  When the plaintiff in a forcible entry and
         detainer  case  seeks  possession only, a minimum of
         $10 and a maximum of $50 $20.
              (B)  When the  amount  in  the  case  does  not
         exceed  $1500, a minimum of $10 and a maximum of $30
         $20.
              (C)  When that amount exceeds  $1500  but  does
         not  exceed  $15,000, a minimum of $15 and a maximum
         of $60 $40.
(f)  Garnishment, Wage Deduction, and Citation.
         In garnishment affidavit, wage deduction  affidavit,
    and  citation  petition  when  the amount does not exceed
    $1,000, a minimum of $5 and a maximum of  $15  $10;  when
    the  amount  exceeds $1,000 but does not exceed $5,000, a
    minimum of $5 and a maximum of  $30  $20;  and  when  the
    amount  exceeds  $5,000, a minimum of $5 and a maximum of
    $50 $30.
(g)  Petition to Vacate or Modify.
         (1)  Petition to vacate or modify any final judgment
    or order of court, except in forcible entry and  detainer
    cases  and  small claims cases or a petition to reopen an
    estate, to modify, terminate, or enforce  a  judgment  or
    order  for  child  or  spousal  support,  or  to  modify,
    suspend,  or terminate an order for withholding, if filed
    before 30 days after the entry of the judgment or  order,
    a minimum of $20 and a maximum of $50 $40.
         (2)  Petition to vacate or modify any final judgment
    or   order   of  court,  except  a  petition  to  modify,
    terminate, or enforce a judgment or order  for  child  or
    spousal  support  or  to modify, suspend, or terminate an
    order for withholding, if filed later than 30 days  after
    the  entry of the judgment or order, a minimum of $20 and
    a maximum of $75 $60.
         (3)  Petition to vacate order of bond forfeiture,  a
    minimum of $10 and a maximum of $40 $20.
(h)  Mailing.
         When  the clerk is required to mail, the fee will be
    a minimum of $2 and a maximum of $10 $6, plus the cost of
    postage.
(i)  Certified Copies.
         Each certified copy of a judgment after  the  first,
    except  in  small  claims and forcible entry and detainer
    cases, a minimum of $2 and a maximum of $10.
(j)  Habeas Corpus.
         For filing a petition for relief by habeas corpus, a
    minimum of $60 and a maximum of $100 $80.
(k)  Certification, Authentication, and Reproduction.
         (1)  Each certification or authentication for taking
    the acknowledgment of  a  deed  or  other  instrument  in
    writing  with  the  seal of office, a minimum of $2 and a
    maximum of $6 $4.
         (2)  Court  appeals  when  original  documents   are
    forwarded,  under  100  pages, plus delivery and costs, a
    minimum of $20 and a maximum of $60 $50.
         (3)  Court  appeals  when  original  documents   are
    forwarded,  over  100  pages,  plus delivery and costs, a
    minimum of $50 and a maximum of $150 $120.
         (4)  Court  appeals  when  original  documents   are
    forwarded, over 200 pages, an additional fee of a minimum
    of 20 cents and a maximum of 25 20 cents per page.
         (5)  For  reproduction  of any document contained in
    the clerk's files:
              (A)  First page, a minimum of $1 and a  maximum
         of $2.
              (B)  Next 19 pages, 50 cents per page.
              (C)  All remaining pages, 25 cents per page.
(l)  Remands.
         In any cases remanded to the Circuit Court  from the
    Supreme Court or the Appellate Court for a new trial, the
    clerk  shall  file  the remanding order and reinstate the
    case with either its original number or a new number. The
    Clerk shall not charge any new or additional fee for  the
    reinstatement.  Upon reinstatement the Clerk shall advise
    the parties of the reinstatement.  A party shall have the
    same right to a jury trial on remand and reinstatement as
    he or she had before the appeal, and no additional or new
    fee or charge shall  be  made  for  a  jury  trial  after
    remand.
(m)  Record Search.
         For   each  record  search,  within  a  division  or
    municipal district, the clerk  shall  be  entitled  to  a
    search  fee of a minimum of $4 and a maximum of $6 $4 for
    each year searched.
(n)  Hard Copy.
         For each page of hard copy print output,  when  case
    records  are maintained on an automated medium, the clerk
    shall be entitled to a fee of  a  minimum  of  $4  and  a
    maximum of $6 $4.
(o)  Index Inquiry and Other Records.
         No    fee    shall   be   charged   for   a   single
    plaintiff/defendant index inquiry or single  case  record
    inquiry  when  this  request  is  made  in person and the
    records are maintained in a current automated medium, and
    when no hard copy print output is requested.  The fees to
    be charged for management records, multiple case records,
    and multiple journal records  may  be  specified  by  the
    Chief  Judge  pursuant  to  the guidelines for access and
    dissemination of  information  approved  by  the  Supreme
    Court.
(p)  Commitment Petitions.
         For  filing  commitment  petitions  under the Mental
    Health and Developmental Disabilities Code and for filing
    a transcript of commitment proceedings  held  in  another
    county, a minimum of $25 and a maximum of $50 $25.
(q)  Alias Summons.
         For  each  alias  summons  or citation issued by the
    clerk, a minimum of $2 and a maximum of $5 $2.
(r)  Other Fees.
         Any fees not covered in this Section shall be set by
    rule or administrative order of the  Circuit  Court  with
    the approval of the Administrative Office of the Illinois
    Courts.
         The   clerk   of   the  circuit  court  may  provide
    additional services for which there is no  fee  specified
    by  statute  in  connection  with  the  operation  of the
    clerk's office as may be  requested  by  the  public  and
    agreed to by the clerk and approved by the chief judge of
    the  circuit  court.  Any charges for additional services
    shall be as agreed to between the  clerk  and  the  party
    making the request and approved by the chief judge of the
    circuit  court.   Nothing  in  this  subsection  shall be
    construed to require any clerk to provide any service not
    otherwise required by law.
(s)  Jury Services.
         The clerk shall be entitled to receive, in  addition
    to  other  fees  allowed  by law, the sum of a minimum of
    $62.50 and a maximum of $212.50 $192.50, as a fee for the
    services  of  a  jury   in   every   civil   action   not
    quasi-criminal in its nature and not a proceeding for the
    exercise  of  the  right  of  eminent domain and in every
    other action wherein the right of trial by jury is or may
    be given by law.  The jury fee shall be paid by the party
    demanding a jury at the time of filing the  jury  demand.
    If  the fee is not paid by either party, no jury shall be
    called in the action or proceeding, and the same shall be
    tried by the court without a jury.
(t)  Voluntary Assignment.
         For filing each  deed  of  voluntary  assignment,  a
    minimum  of  $10  and a maximum of $20 $10; for recording
    the same, a minimum of 25 cents and a maximum of 50 cents
    25¢ for each  100  words.   Exceptions  filed  to  claims
    presented  to  an  assignee  of  a  debtor who has made a
    voluntary assignment for the benefit of  creditors  shall
    be  considered  and  treated,  for  the purpose of taxing
    costs therein, as actions in which the party  or  parties
    filing  the  exceptions  shall  be considered as party or
    parties plaintiff, and the claimant or claimants as party
    or parties  defendant,  and  those  parties  respectively
    shall  pay to the clerk the same fees as provided by this
    Section to be paid in other actions.
(u)  Expungement Petition.
         The clerk shall be entitled to receive a  fee  of  a
    minimum  of  $15  and  a  maximum  of  $60  $30  for each
    expungement petition filed and an  additional  fee  of  a
    minimum  of $2 and a maximum of $4 $2 for  each certified
    copy of an order to expunge arrest records.
(v)  Probate.
         The clerk is entitled to receive the fees  specified
    in  this  subsection (v), which shall be paid in advance,
    except that, for good cause shown, the court may suspend,
    reduce,  or  release  the  costs   payable   under   this
    subsection:
         (1)  For  administration of the estate of a decedent
    (whether testate or intestate) or of a missing person,  a
    minimum  of $50 and a maximum of $150 $100, plus the fees
    specified in subsection (v)(3), except:
              (A)  When the value of the  real  and  personal
         property does not exceed $15,000, the fee shall be a
         minimum of $25 and a maximum of $40 $25.
              (B)  When  (i) proof of heirship alone is made,
         (ii) a domestic  or  foreign  will  is  admitted  to
         probate  without  administration (including proof of
         heirship), or (iii) letters of office are issued for
         a particular purpose without administration  of  the
         estate,  the  fee  shall  be  a minimum of $10 and a
         maximum of $40 $25.
              (C)  For filing a petition to sell Real Estate,
         $50.
         (2)  For administration of the estate of a  ward,  a
    minimum  of  $50  and a maximum of $75 $50, plus the fees
    specified in subsection (v)(3), except:
              (A)  When the value of the  real  and  personal
         property does not exceed $15,000, the fee shall be a
         minimum of $25 and a maximum of $40 $25.
              (B)  When (i) letters of office are issued to a
         guardian  of  the  person or persons, but not of the
         estate or (ii) letters of office are issued  in  the
         estate  of  a  ward  without  administration  of the
         estate, including filing or joining in the filing of
         a tax return or releasing a mortgage  or  consenting
         to  the  marriage  of  the  ward, the fee shall be a
         minimum of $10 and a maximum of $20 $10.
              (C)  For filing a Petition to sell Real Estate,
         $50.
         (3)  In  addition  to   the   fees   payable   under
    subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
    following fees are payable:
              (A)  For each account  (other  than  one  final
         account) filed in the estate of a decedent, or ward,
         a minimum of $10 and a maximum of $25 $15.
              (B)  For  filing  a claim in an estate when the
         amount claimed is $150 or more but less than $500, a
         minimum of $10 and a maximum of $25  $10;  when  the
         amount  claimed  is  $500  or  more  but  less  than
         $10,000,  a minimum of $10 and a maximum of $40 $25;
         when the  amount  claimed  is  $10,000  or  more,  a
         minimum  of  $10  and a maximum of $60 $40; provided
         that the court in allowing a claim may  add  to  the
         amount allowed the filing fee paid by the claimant.
              (C)  For filing in an estate a claim, petition,
         or  supplemental  proceeding  based  upon  an action
         seeking equitable relief including the  construction
         or  contest  of a will, enforcement of a contract to
         make a will, and proceedings involving  testamentary
         trusts  or the appointment of testamentary trustees,
         a minimum of $40 and a maximum of $60 $40.
              (D)  For filing in an estate (i) the appearance
         of any person for the purpose of consent or (ii) the
         appearance   of    an    executor,    administrator,
         administrator  to  collect,  guardian,  guardian  ad
         litem, or special administrator, no fee.
              (E)  Except    as    provided   in   subsection
         (v)(3)(D), for filing the appearance of  any  person
         or  persons,  a  minimum of $10 and a maximum of $30
         $10.
              (F)  For each jury demand, a minimum of  $62.50
         and a maximum of $137.50 $102.50.
              (G)  For  disposition  of  the  collection of a
         judgment or settlement of an  action  or  claim  for
         wrongful  death  of  a  decedent  or of any cause of
         action  of  a  ward,  when   there   is   no   other
         administration of the estate, a minimum of $30 and a
         maximum  of  $50  $30,  less  any  amount paid under
         subsection (v)(1)(B) or (v)(2)(B) except that if the
         amount involved does not  exceed  $5,000,  the  fee,
         including any amount paid under subsection (v)(1)(B)
         or  (v)(2)(B),  shall  be  a  minimum  of  $10 and a
         maximum of $20 $10.
              (H)  For each  certified  copy  of  letters  of
         office,  of  court  order  or other certification, a
         minimum of $1 and a maximum of $2 $1, plus a minimum
         of 50 cents and a maximum of  $1  50¢  per  page  in
         excess of 3 pages for the document certified.
              (I)  For  each exemplification, a minimum of $1
         and  a  maximum  of  $2  $1,  plus   the   fee   for
         certification.
         (4)  The    executor,    administrator,    guardian,
    petitioner,  or  other  interested  person  or his or her
    attorney shall pay the cost of publication by  the  clerk
    directly to the newspaper.
         (5)  The person on whose behalf a charge is incurred
    for   witness,   court   reporter,  appraiser,  or  other
    miscellaneous fee shall pay  the  same  directly  to  the
    person entitled thereto.
         (6)  The    executor,    administrator,    guardian,
    petitioner,  or  other  interested  person  or his or her
    attorney shall pay  to  the  clerk  all  postage  charges
    incurred  by  the  clerk  in  mailing  petitions, orders,
    notices, or other documents pursuant to the provisions of
    the Probate Act of 1975.
(w)  Criminal and Quasi-Criminal Costs and Fees.
         (1)  The clerk shall be entitled  to  costs  in  all
    criminal   and  quasi-criminal  cases  from  each  person
    convicted or sentenced to supervision therein as follows:
              (A)  Felony complaints, a minimum of $40 and  a
         maximum of $100 $80.
              (B)  Misdemeanor  complaints,  a minimum of $25
         and a maximum of $75 $50.
              (C)  Business offense complaints, a minimum  of
         $25 and a maximum of $75 $50.
              (D)  Petty offense complaints, a minimum of $25
         and a maximum of $75 $50.
              (E)  Minor traffic or ordinance violations, $10
         $20.
              (F)  When court appearance required, $15 $30.
              (G)  Motions to vacate or amend final orders, a
         minimum of $20 and a maximum of $40 $20.
              (H)  Motions  to vacate bond forfeiture orders,
         a minimum of $20 and a maximum of $40 $20.
              (I)  Motions  to  vacate  ex  parte  judgments,
         whenever filed, a minimum of $20 and  a  maximum  of
         $40 $20.
              (J)  Motions to vacate judgment on forfeitures,
         whenever  filed,  a  minimum of $20 and a maximum of
         $40 $20.
              (K)  Motions to vacate "failure to  appear"  or
         "failure to comply" notices sent to the Secretary of
         State, a minimum of $20 and a maximum of $40 $20.
         (2)  In  counties  having  a population in excess of
    180,000 but not more than 500,000 inhabitants,  when  the
    violation  complaint  is  issued  by  a  municipal police
    department, the clerk shall be  entitled  to  costs  from
    each person convicted therein as follows:
              (A)  Minor  traffic  or  ordinance  violations,
         $10.
              (B)  When court appearance required, $15.
         (3)  In ordinance violation cases punishable by fine
    only, the clerk of the circuit court shall be entitled to
    receive,  unless the fee is excused upon a finding by the
    court that the defendant  is  indigent,  in  addition  to
    other fees or costs allowed or imposed by law, the sum of
    a  minimum of $62.50 and a maximum of $137.50 $62.50 as a
    fee for the services of a jury.  The jury  fee  shall  be
    paid  by  the  defendant at the time of filing his or her
    jury demand.  If the fee is not so paid by the defendant,
    no jury shall be called, and the case shall be  tried  by
    the court without a jury.
(x)  Transcripts of Judgment.
         For  the  filing  of  a  transcript of judgment, the
    clerk shall be entitled to the same fee as if it were the
    commencement of a new suit.
(y)  Change of Venue.
         (1)  For the filing of a change of case on a  change
    of  venue, the clerk shall be entitled to the same fee as
    if it were the commencement of a new suit.
         (2)  The fee for the preparation  and  certification
    of a record on a change of venue to another jurisdiction,
    when  original  documents are forwarded, a minimum of $10
    and a maximum of $40 $25.
(z)  Tax objection complaints.
         For each tax objection complaint containing  one  or
    more  tax objections, regardless of the number of parcels
    involved or  the  number  of  taxpayers  joining  on  the
    complaint, a minimum of $10 and a maximum of $50 $25.
(aa)  Tax Deeds.
         (1)  Petition  for  tax  deed, if only one parcel is
    involved, a minimum of $45 and a maximum of $200 $150.
         (2)  For each additional parcel,  add  a  fee  of  a
    minimum of $10 and a maximum of $60 $50.
(bb)  Collections.
         (1)  For  all collections made of others, except the
    State and county  and  except  in  maintenance  or  child
    support  cases,  a  sum  equal  to  a minimum of 2% and a
    maximum of 2.5%  a  sum  equal  to  2.5%  of  the  amount
    collected and turned over.
         (2)  Interest  earned on any funds held by the clerk
    shall be turned over to the county  general  fund  as  an
    earning of the office.
         (3)  For  any check, draft, or other bank instrument
    returned to the clerk for non-sufficient  funds,  account
    closed, or payment stopped, $25.
         (4)  In  child  support  and  maintenance cases, the
    clerk, if authorized by an ordinance of the county board,
    may collect an annual fee of up to $36  from  the  person
    making  payment for maintaining child support records and
    the processing of support orders to the State of Illinois
    KIDS system and the recording of payments issued  by  the
    State  Disbursement  Unit  for the official record of the
    Court.  This fee shall be in  addition  to  and  separate
    from  amounts  ordered to be paid as maintenance or child
    support  and  shall  be   deposited   into   a   Separate
    Maintenance  and  Child Support Collection Fund, of which
    the clerk shall be the custodian, ex-officio, to be  used
    by  the clerk to maintain child support orders and record
    all payments issued by the State  Disbursement  Unit  for
    the  official  record of the Court. The clerk may recover
    from the person making the maintenance or  child  support
    payment   any  additional cost incurred in the collection
    of this annual fee.
         The clerk shall also be entitled to a fee of $5  for
    certifications made to the Secretary of State as provided
    in  Section  7-703 of the Family Financial Responsibility
    Law and these fees  shall  also  be  deposited  into  the
    Separate Maintenance and Child Support Collection Fund.
(cc)  Corrections of Numbers.
         For  correction  of  the case number, case title, or
    attorney computer identification number, if  required  by
    rule  of  court,  on  any  document  filed in the clerk's
    office, to be charged against the party  that  filed  the
    document, a minimum of $10 and a maximum of $25 $15.
(dd)  Exceptions.
         (1)  The  fee requirements of this Section shall not
    apply to police  departments  or  other  law  enforcement
    agencies.   In  this  Section,  "law  enforcement agency"
    means  an  agency  of  the  State  or  a  unit  of  local
    government which is vested by law or ordinance  with  the
    duty  to  maintain  public  order and to enforce criminal
    laws or ordinances.  "Law enforcement agency" also  means
    the Attorney General or any state's attorney.
         (2)  No  fee provided herein shall be charged to any
    unit of local government or school district.
         (3)  The fee requirements of this Section shall  not
    apply  to  any  action instituted under subsection (b) of
    Section 11-31-1 of  the  Illinois  Municipal  Code  by  a
    private owner or tenant of real property within 1200 feet
    of  a  dangerous  or  unsafe  building  seeking  an order
    compelling the owner or owners of the  building  to  take
    any of the actions authorized under that subsection.
(ee)  Adoptions.
         (1)  For an adoption.............................$65
         (2)  Upon  good cause shown, the court may waive the
    adoption filing fee in a  special  needs  adoption.   The
    term  "special  needs  adoption"  shall  have the meaning
    ascribed to it by the Illinois Department of Children and
    Family Services.
(ff)  Adoption exemptions.
         No fee other than that set forth in subsection  (ee)
    shall  be  charged  to  any  person in connection with an
    adoption proceeding.
(Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

    (705 ILCS 105/27.1 rep.)
    Section  10.  The  Clerks  of  Courts  Act  is amended by
repealing Section 27.1.

    Section 99.  Effective date.  This Act takes effect  July
1, 2003.