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
-3- LRB093 04187 RLC 15093 a
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.)".