State of Illinois
91st General Assembly
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Public Act 91-0821

SB1442 Enrolled                                LRB9112732DHks

    AN ACT to amend the Clerks  of  Courts  Act  by  changing
Section 27.2a.

    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 27.2a as follows:

    (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
    Sec.  27.2a.  The fees of the clerks of the circuit court
in all counties having a  population  of  3,000,000  or  more
inhabitants  in the instances described in this Section shall
be as provided in this Section.  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 $190.
              (A)  When the amount of money or damages or the
         value  of  personal property claimed does not exceed
         $250, $15.
              (B)  When that amount exceeds $250 but does not
         exceed $1000, $40.
              (C)  When that amount exceeds  $1000  but  does
         not exceed $2500, $50.
              (D)  When  that  amount  exceeds $2500 but does
         not exceed $5000, $100.
              (E)  When that amount exceeds  $5000  but  does
         not exceed $15,000, $150.
              (F)  For  the exercise of eminent domain, $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, $150.
              (G)  For the final  determination  of  parking,
         standing,   and   compliance  violations  and  final
         administrative  decisions  issued   after   hearings
         regarding  vehicle  immobilization  and  impoundment
         made  pursuant  to  Sections  3-704.1,  6-306.5, and
         11-208.3 of the Illinois Vehicle Code, $25.
(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,  $75.
    When the plaintiff unites his or her claim for possession
    with  a  claim  for  rent  or  damages  or both exceeding
    $15,000, $225.
(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, $60.  When the amount  exceeds  $1500,  but
    does  not  exceed  $5000,  $75.   When the amount exceeds
    $5000, but does not exceed $15,000, $175. When the amount
    exceeds $15,000, $250.
(e)  Appearance.
         The fee for filing an appearance in each civil  case
    shall be $75, except as follows:
              (A)  When the plaintiff in a forcible entry and
         detainer case seeks possession only, $40.
              (B)  When  the  amount  in  the  case  does not
         exceed $1500, $40.
              (C)  When that amount exceeds  $1500  but  does
         not exceed $15,000, $60.
(f)  Garnishment, Wage Deduction, and Citation.
         In  garnishment affidavit, wage deduction affidavit,
    and citation petition when the  amount  does  not  exceed
    $1,000,  $15; when the amount exceeds $1,000 but does not
    exceed $5,000, $30; and when the amount  exceeds  $5,000,
    $50.
(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,
    $50.
         (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, $75.
         (3)  Petition to vacate order  of  bond  forfeiture,
    $40.
(h)  Mailing.
         When  the clerk is required to mail, the fee will be
    $10, 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, $15.
(j)  Habeas Corpus.
         For filing a petition for relief by  habeas  corpus,
    $125.
(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, $6.
         (2)  Court  appeals  when  original  documents   are
    forwarded, under 100 pages, plus delivery and costs, $75.
         (3)  Court   appeals  when  original  documents  are
    forwarded, over 100 pages, plus delivery and costs, $150.
         (4)  Court  appeals  when  original  documents   are
    forwarded,  over 200 pages, an additional fee of 25 cents
    per page.
         (5)  For reproduction of any document  contained  in
    the clerk's files:
              (A)  First page, $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 $6 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 $6.
(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, $50.
(q)  Alias Summons.
         For each alias summons or  citation  issued  by  the
    clerk, $5.
(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  $212.50,  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, $20;
    for  recording  the  same,  50¢  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  $60
    for each expungement petition filed and an additional fee
    of  $4  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,
    $150, 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
         $40.
              (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 $40.
         (2)  For  administration  of  the  estate of a ward,
    $75,  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
         $40.
              (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 $20.
         (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,
         $25.
              (B)  For  filing  a claim in an estate when the
         amount claimed is $150 or more but less  than  $500,
         $20;  when  the  amount  claimed is $500 or more but
         less than $10,000, $40; when the amount  claimed  is
         $10,000  or  more,  $60;  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,
         $60.
              (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, $30.
              (F)  For each jury demand, $137.50.
              (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, $50, 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 $20.
              (H)  For  each  certified  copy  of  letters of
         office, of court order or other  certification,  $2,
         plus  $1  per  page  in  excess  of  3 pages for the
         document certified.
              (I)  For each exemplification, $2, 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, $125.
              (B)  Misdemeanor complaints, $75.
              (C)  Business offense complaints, $75.
              (D)  Petty offense complaints, $75.
              (E)  Minor  traffic  or  ordinance  violations,
         $30.
              (F)  When court appearance required, $50.



              (G)  Motions  to  vacate or amend final orders,
         $40.
              (H)  Motions to vacate bond forfeiture  orders,
         $30.
              (I)  Motions  to  vacate  ex  parte  judgments,
         whenever filed, $30.
              (J)  Motions to vacate judgment on forfeitures,
         whenever filed, $25.
              (K)  Motions  to  vacate "failure to appear" or
         "failure to comply" notices sent to the Secretary of
         State, $40.
         (2)  In counties having a population of 3,000,000 or
    more,  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,
         $30.
              (B)  When court appearance required, $50.
         (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
    $112.50  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, $40.
(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  in the
    complaint, $50.
(aa)  Tax Deeds.
         (1)  Petition for tax deed, if only  one  parcel  is
    involved, $250.
         (2)  For each additional parcel, add a fee of $100.
(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  3.0%  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, $25.
(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. 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)  Adoption.
         (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.  89-92,  eff.  7-1-96;  89-593,  eff.   8-1-96;
90-466,  eff.  8-17-97;  90-796,  eff. 12-15-98; 91-321, eff.
1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)

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

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