State of Illinois
91st General Assembly
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Public Act 91-0165

SB939 Enrolled                                 SRS91S0026PMch

    AN ACT to amend the Clerks  of  Courts  Act  by  changing
Section 27.1.

    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 27.1 as follows:

    (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
    Sec. 27.1.  The fees of the Clerk of the Circuit Court in
all  counties  having  a population of 180,000 inhabitants or
less shall be paid in advance, except as otherwise  provided,
and shall be as follows:
(a)  Civil Cases
         (1)  All   civil  cases  except  as  otherwise
    provided...........................................   $40
         (2)  Judicial Sales (except Probate)..........   $40
(b)  Family
         (1)  Commitment  petitions  under  the  Mental
    Health and Developmental Disabilities Code,  filing
    transcript   of   commitment  proceedings  held  in
    another county, and cases under the Juvenile  Court
    Act of 1987........................................   $25
         (2)  Petition for Marriage Licenses...........   $10
         (3)  Marriages in Court.......................   $10
         (4)  Paternity................................   $40
(c)  Criminal and Quasi-Criminal
         (1)  Each person convicted of a felony........   $40
         (2)  Each  person  convicted of a misdemeanor,
    leaving  scene  of  an  accident,   driving   while
    intoxicated,   reckless  driving  or  drag  racing,
    driving  when   license   revoked   or   suspended,
    overweight,  or no interstate commerce certificate,
    or when the disposition is court supervision.......   $25
         (3)  Each  person  convicted  of  a   business
    offense............................................   $25
         (4)  Each person convicted of a petty offense.   $25
         (5)  Minor    traffic,    conservation,     or
    ordinance            violation,           including
    without    limitation  when  the   disposition   is
    court  supervision:
              (i)  For each offense....................   $10
              (ii)  For  each  notice   sent   to   the
    defendant's   last   known   address   pursuant  to
    subsection (c) of Section 6-306.4 of  the  Illinois
    Vehicle Code.......................................    $2
              (iii)  For   each   notice  sent  to  the
    Secretary of State pursuant to  subsection  (c)  of
    Section 6-306.4 of the Illinois Vehicle Code.......    $2
         (6)  When Court Appearance required...........   $15
         (7)  Motions to vacate or amend final orders..   $10
         (8)  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 $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.
(d)  Other Civil Cases
         (1)  Money or personal property  claimed  does
    not exceed $500....................................   $10
         (2)  Exceeds $500 but not more than $10,000...   $25
         (3)  Exceeds  $10,000, when relief in addition
    to or supplemental to recovery of  money  alone  is
    sought  in  an  action to recover personal property
    taxes or retailers occupational tax  regardless  of
    amount claimed.....................................   $45
         (4)  The  Clerk  of the Circuit Court shall be
    entitled to receive,  in  addition  to  other  fees
    allowed  by  law,  the sum of $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 equitable 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 his jury demand.  If such a  fee
    is  not  paid  by  either  party,  no jury shall be
    called in the action, suit, or proceeding, and  the
    same shall be tried by the court without a jury.
(e)  Confession of judgment and answer
         (1)  When the amount does not exceed $1,000...   $20
         (2)  Exceeds $1,000...........................   $40
(f)  Auxiliary Proceedings
         Any   auxiliary  proceeding  relating  to  the
    collection   of   a   money   judgment,   including
    garnishment, citation, or wage deduction action....    $5
(g)  Forcible entry and detainer
         (1)  For possession  only  or  possession  and
    rent not in excess of $10,000......................   $10
         (2)  For  possession  and  rent  in  excess of
    $10,000............................................   $40
(h)  Eminent Domain
         (1)  Exercise of Eminent Domain...............   $45
         (2)  For each and every lot or tract  of  land
    or   right   or  interest  therein  subject  to  be
    condemned, the damages in respect  to  which  shall
    require separate assessments by a jury.............   $45
(i)  Reinstatement
         Each  case including petition for modification
    of a judgment or order of Court if filed later than
    30 days after the entry of  a  judgment  or  order,
    except  in  forcible  entry  and detainer cases and
    small claims  and  except  a  petition  to  modify,
    terminate,  or  enforce  a  judgement  or order for
    child or spousal support or to modify, suspend,  or
    terminate  an  order  for  withholding, petition to
    vacate  judgment   of   dismissal   for   want   of
    prosecution  whenever  filed, petition to reopen an
    estate, or redocketing of any cause................   $20
(j)  Probate
         (1)  Administration  of  decedent's   estates,
    whether  testate or intestate, guardianships of the
    person or estate or both of a  person  under  legal
    disability,  guardianships  of the person or estate
    or both of a minor or minors, or petitions to  sell
    real estate in the administration of any estate....   $50
         (2)  Small estates in cases where the real and
    personal  property  of  an  estate  does not exceed
    $5,000.............................................   $25
         (3)  At any time during the administration  of
    the  estate,  however, at the request of the Clerk,
    the Court shall examine the record  of  the  estate
    and  the  personal  representative to determine the
    total value of the real and  personal  property  of
    the  estate, and if such value exceeds $5,000 shall
    order the payment  of  an  additional  fee  in  the
    amount of..........................................   $40
         (4)  Inheritance tax proceedings..............   $15
         (5)  Issuing   letters   only  for  a  certain
    specific reason other than the administration of an
    estate, including but not limited to the release of
    mortgage; the issue of letters of  guardianship  in
    order  that  consent  to marriage may be granted or
    for some other specific reason other than  for  the
    care  of  property  or  person;  proof  of heirship
    without administration; or when a  will  is  to  be
    admitted  to  probate,  but  the  estate  is  to be
    settled without administration.....................   $10
         (6)  When a separate complaint relating to any
    matter other than a routine claim is  filed  in  an
    estate,   the  required  additional  fee  shall  be
    charged for such filing............................   $45
(k)  Change of Venue
         From a court, the charge is the same amount as
    the original  filing  fee;  however,  the  fee  for
    preparation  and  certification of record on change
    of venue, when original  documents  or  copies  are
    forwarded..........................................   $10
(l)  Answer,    adverse    pleading,    or   appearance
                               In civil cases..........   $15
         With the following exceptions:
         (1)  When the amount does not exceed $500.....    $5
         (2)  When amount exceeds $500 but not $10,000.   $10
         (3)  When amount exceeds $10,000..............   $15
         (4)  Court   appeals   when   documents    are
    forwarded,  over 200 pages, additional fee per page
    over 200...........................................   10¢
(m)  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 the complaint....................   $10
(n)  Tax deed
         (1)  Petition for tax deed, if only one parcel
    is involved........................................   $45
         (2)  For  each  additional parcel involved, an
    additional fee of..................................   $10
(o)  Mailing Notices and Processes
         (1)  All notices that the clerk is required to
    mail as first class mail...........................    $2
         (2)  For all processes or notices the Clerk is
    required to mail by certified or  registered  mail,
    the fee will be $2 plus cost of postage.
(p)  Certification or Authentication
         (1)  Each  certification or authentication for
    taking the  acknowledgement  of  a  deed  or  other
    instrument in writing with seal of office..........    $2
         (2)  Court appeals when original documents are
    forwarded, 100 pages or under, plus delivery costs.   $25
         (3)  Court appeals when original documents are
    forwarded, over 100 pages, plus delivery costs.....   $60
         (4)  Court appeals when original documents are
    forwarded,  over 200 pages, additional fee per page
    over 200...........................................   10¢
(q)  Reproductions
         Each  record  of  proceedings  and   judgment,
    whether  on  appeal,  change  of  venue,  certified
    copies  of  orders  and  judgments,  and  all other
    instruments, documents, records, or papers:
              (1)  First page..........................    $1
              (2)  Next 19 pages, per page.............   50¢
              (3)  All remaining pages, per page.......   25¢
(r)  Counterclaim
         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,
    he   or   she   shall  pay  a  fee  for  each  such
    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.
(s)  Transcript of Judgment
         From   a  court,  the  same  fee  as  if  case
    originally filed.
(t)  Publications
         The cost of publication shall be paid directly
    to  the  publisher  by  the  person   seeking   the
    publication,  whether  the clerk is required by law
    to publish, or the parties to the action.
(u)  Collections
         (1)  For  all  collections  made  for  others,
    except  the  State  and  County   and   except   in
    maintenance  or child support cases, a sum equal to
    2% of the amount collected and turned over.
         (2)  In any  cases  remanded  to  the  Circuit
    Court  from  the  Supreme  Court  or  the Appellate
    Court, 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.
         (3)  In maintenance and child support matters,
    the  Clerk  may  deduct from each payment an amount
    equal to the United States postage to  be  used  in
    mailing  the  maintenance or child support check to
    the recipient.  In  such  cases,  the  Clerk  shall
    collect  an annual fee of up to $36 from the person
    making   such   payment   for   administering   the
    collection  and  distribution  of  maintenance  and
    child  support  payments.  Such  sum  shall  be  in
    addition to and separate from amounts ordered to be
    paid as maintenance or child support and  shall  be
    deposited  in  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 further maintenance and child support collection
    efforts in his  office.  Unless  paid  in  cash  or
    pursuant  to  an order for withholding, the payment
    of the fee shall be by a separate  instrument  from
    the  support payment and shall be made to the order
    of the Clerk. 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.
         (4)  Interest  earned on any funds held by the
    clerk shall be turned over to  the  county  general
    fund as an earning of the office.
         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.
(v)  Correction of Cases
         For  correcting  the case number or case title
    on any document filed in his office, to be  charged
    against the party that filed the document..........   $10
(w)  Record Search
         For searching a record, per year searched.....    $4
(x)  Printed Output
         For  each page of hard copy print output, when
    case records are maintained on an automated medium.    $2
(y)  Alias Summons
         For each alias summons issued.................    $2
(z)  Expungement of Records
         For each expungement petition filed...........   $15
(aa)  Other Fees
         Any fees not covered by this Section shall be set by
    rule or administrative order of the Circuit  Court,  with
    the approval of the Supreme Court.
(bb)  Exemptions
         No  fee  provided for herein shall be charged to any
    unit of State or  local  government  or  school  district
    unless  the Court orders another party to pay such fee on
    its behalf. 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  that  is  vested by law or ordinance with the
    duty to maintain public order  and  to  enforce  criminal
    laws and ordinances. 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.
(cc)  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.
(dd)  Adoption exemptions
         No fee other than that set forth in subsection  (cc)
    shall  be  charged  to  any  person in connection with an
    adoption proceeding.
(ee)  Additional Services
         Beginning July 1, 1993, the  clerk  of  the  circuit
    court  may  provide  such  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  public  and  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 as agreed to
    between the clerk  and  the  party  making  the  request.
    Nothing  in this subsection shall be construed to require
    any clerk to provide any service not  otherwise  required
    by law.
(Source:  P.A.  89-92,  eff.  7-1-96;  89-593,  eff.  8-1-96;
90-466,   eff.   8-17-97;   90-796,  eff.  12-15-98;  revised
12-31-98.)

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

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