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91_HB4137
LRB9111736OBmg
1 AN ACT to amend the Clerks of Courts Act by changing
2 Section 27-2a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clerks of Courts Act is amended by
6 changing Section 27.2a as follows:
7 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
8 Sec. 27.2a. The fees of the clerks of the circuit court
9 in all counties having a population of 3,000,000 or more
10 inhabitants in the instances described in this Section shall
11 be as provided in this Section. The fees shall be paid in
12 advance and shall be as follows:
13 (a) Civil Cases.
14 The fee for filing a complaint, petition, or other
15 pleading initiating a civil action, with the following
16 exceptions, shall be $190.
17 (A) When the amount of money or damages or the
18 value of personal property claimed does not exceed
19 $250, $15.
20 (B) When that amount exceeds $250 but does not
21 exceed $1000, $40.
22 (C) When that amount exceeds $1000 but does
23 not exceed $2500, $50.
24 (D) When that amount exceeds $2500 but does
25 not exceed $5000, $100.
26 (E) When that amount exceeds $5000 but does
27 not exceed $15,000, $150.
28 (F) For the exercise of eminent domain, $150.
29 For each additional lot or tract of land or right or
30 interest therein subject to be condemned, the
31 damages in respect to which shall require separate
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1 assessment by a jury, $150.
2 (b) Forcible Entry and Detainer.
3 In each forcible entry and detainer case when the
4 plaintiff seeks possession only or unites with his or her
5 claim for possession of the property a claim for rent or
6 damages or both in the amount of $15,000 or less, $75.
7 When the plaintiff unites his or her claim for possession
8 with a claim for rent or damages or both exceeding
9 $15,000, $225.
10 (c) Counterclaim or Joining Third Party Defendant.
11 When any defendant files a counterclaim as part of
12 his or her answer or otherwise or joins another party as
13 a third party defendant, or both, the defendant shall pay
14 a fee for each counterclaim or third party action in an
15 amount equal to the fee he or she would have had to pay
16 had he or she brought a separate action for the relief
17 sought in the counterclaim or against the third party
18 defendant, less the amount of the appearance fee, if that
19 has been paid.
20 (d) Confession of Judgment.
21 In a confession of judgment when the amount does not
22 exceed $1500, $60. When the amount exceeds $1500, but
23 does not exceed $5000, $75. When the amount exceeds
24 $5000, but does not exceed $15,000, $175. When the amount
25 exceeds $15,000, $250.
26 (e) Appearance.
27 The fee for filing an appearance in each civil case
28 shall be $75, except as follows:
29 (A) When the plaintiff in a forcible entry and
30 detainer case seeks possession only, $40.
31 (B) When the amount in the case does not
32 exceed $1500, $40.
33 (C) When that amount exceeds $1500 but does
34 not exceed $15,000, $60.
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1 (f) Garnishment, Wage Deduction, and Citation.
2 In garnishment affidavit, wage deduction affidavit,
3 and citation petition when the amount does not exceed
4 $1,000, $15; when the amount exceeds $1,000 but does not
5 exceed $5,000, $30; and when the amount exceeds $5,000,
6 $50.
7 (g) Petition to Vacate or Modify.
8 (1) Petition to vacate or modify any final judgment
9 or order of court, except in forcible entry and detainer
10 cases and small claims cases or a petition to reopen an
11 estate, to modify, terminate, or enforce a judgment or
12 order for child or spousal support, or to modify,
13 suspend, or terminate an order for withholding, if filed
14 before 30 days after the entry of the judgment or order,
15 $50.
16 (2) Petition to vacate or modify any final judgment
17 or order of court, except a petition to modify,
18 terminate, or enforce a judgment or order for child or
19 spousal support or to modify, suspend, or terminate an
20 order for withholding, if filed later than 30 days after
21 the entry of the judgment or order, $75.
22 (3) Petition to vacate order of bond forfeiture,
23 $40.
24 (h) Mailing.
25 When the clerk is required to mail, the fee will be
26 $10, plus the cost of postage.
27 (i) Certified Copies.
28 Each certified copy of a judgment after the first,
29 except in small claims and forcible entry and detainer
30 cases, $15.
31 (j) Habeas Corpus.
32 For filing a petition for relief by habeas corpus,
33 $125.
34 (k) Certification, Authentication, and Reproduction.
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1 (1) Each certification or authentication for taking
2 the acknowledgment of a deed or other instrument in
3 writing with the seal of office, $6.
4 (2) Court appeals when original documents are
5 forwarded, under 100 pages, plus delivery and costs, $75.
6 (3) Court appeals when original documents are
7 forwarded, over 100 pages, plus delivery and costs, $150.
8 (4) Court appeals when original documents are
9 forwarded, over 200 pages, an additional fee of 25 cents
10 per page.
11 (5) For reproduction of any document contained in
12 the clerk's files:
13 (A) First page, $2.
14 (B) Next 19 pages, 50 cents per page.
15 (C) All remaining pages, 25 cents per page.
16 (l) Remands.
17 In any cases remanded to the Circuit Court from the
18 Supreme Court or the Appellate Court for a new trial, the
19 clerk shall file the remanding order and reinstate the
20 case with either its original number or a new number.
21 The Clerk shall not charge any new or additional fee for
22 the reinstatement. Upon reinstatement the Clerk shall
23 advise the parties of the reinstatement. A party shall
24 have the same right to a jury trial on remand and
25 reinstatement as he or she had before the appeal, and no
26 additional or new fee or charge shall be made for a jury
27 trial after remand.
28 (m) Record Search.
29 For each record search, within a division or
30 municipal district, the clerk shall be entitled to a
31 search fee of $6 for each year searched.
32 (m-5) Remote access to records.
33 The Clerk may assess a remote access to records fee
34 to recover the cost of staff and others costs related to
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1 this service. The fee for this service shall be set by
2 rule or administrative order by the Circuit Court under
3 subsection (r) of this Section.
4 (m-10) Bulk information.
5 For providing bulk information, in addition to other
6 applicable fees, the Clerk is entitled to a fee of 25
7 cents per record.
8 (n) Hard Copy.
9 For each page of hard copy print output, when case
10 records are maintained on an automated medium, the clerk
11 shall be entitled to a fee of $6.
12 (o) Index Inquiry and Other Records.
13 No fee shall be charged for a single
14 plaintiff/defendant index inquiry or single case record
15 inquiry when this request is made in person and the
16 records are maintained in a current automated medium, and
17 when no hard copy print output is requested. The fees to
18 be charged for management records, multiple case records,
19 and multiple journal records may be specified by the
20 Chief Judge pursuant to the guidelines for access and
21 dissemination of information approved by the Supreme
22 Court.
23 (p) Commitment Petitions.
24 For filing commitment petitions under the Mental
25 Health and Developmental Disabilities Code, $50.
26 (q) Alias Summons.
27 For each alias summons or citation issued by the
28 clerk, $5.
29 (r) Other Fees.
30 Any fees not covered in this Section shall be set by
31 rule or administrative order of the Circuit Court with
32 the approval of the Administrative Office of the Illinois
33 Courts.
34 The clerk of the circuit court may provide
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1 additional services for which there is no fee specified
2 by statute in connection with the operation of the
3 clerk's office as may be requested by the public and
4 agreed to by the clerk and approved by the chief judge of
5 the circuit court. Any charges for additional services
6 shall be as agreed to between the clerk and the party
7 making the request and approved by the chief judge of the
8 circuit court. Nothing in this subsection shall be
9 construed to require any clerk to provide any service not
10 otherwise required by law.
11 (s) Jury Services.
12 The clerk shall be entitled to receive, in addition
13 to other fees allowed by law, the sum of $212.50, as a
14 fee for the services of a jury in every civil action not
15 quasi-criminal in its nature and not a proceeding for the
16 exercise of the right of eminent domain and in every
17 other action wherein the right of trial by jury is or may
18 be given by law. The jury fee shall be paid by the party
19 demanding a jury at the time of filing the jury demand.
20 If the fee is not paid by either party, no jury shall be
21 called in the action or proceeding, and the same shall be
22 tried by the court without a jury.
23 (t) Voluntary Assignment.
24 For filing each deed of voluntary assignment, $20;
25 for recording the same, 50¢ for each 100 words.
26 Exceptions filed to claims presented to an assignee of a
27 debtor who has made a voluntary assignment for the
28 benefit of creditors shall be considered and treated, for
29 the purpose of taxing costs therein, as actions in which
30 the party or parties filing the exceptions shall be
31 considered as party or parties plaintiff, and the
32 claimant or claimants as party or parties defendant, and
33 those parties respectively shall pay to the clerk the
34 same fees as provided by this Section to be paid in other
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1 actions.
2 (u) Expungement Petition.
3 The clerk shall be entitled to receive a fee of $60
4 for each expungement petition filed and an additional fee
5 of $4 for each certified copy of an order to expunge
6 arrest records.
7 (v) Probate.
8 The clerk is entitled to receive the fees specified in
9 this subsection (v), which shall be paid in advance, except
10 that, for good cause shown, the court may suspend, reduce, or
11 release the costs payable under this subsection:
12 (1) For administration of the estate of a decedent
13 (whether testate or intestate) or of a missing person,
14 $150, plus the fees specified in subsection (v)(3),
15 except:
16 (A) When the value of the real and personal
17 property does not exceed $15,000, the fee shall be
18 $40.
19 (B) When (i) proof of heirship alone is made,
20 (ii) a domestic or foreign will is admitted to
21 probate without administration (including proof of
22 heirship), or (iii) letters of office are issued for
23 a particular purpose without administration of the
24 estate, the fee shall be $40.
25 (2) For administration of the estate of a ward,
26 $75, plus the fees specified in subsection (v)(3),
27 except:
28 (A) When the value of the real and personal
29 property does not exceed $15,000, the fee shall be
30 $40.
31 (B) When (i) letters of office are issued to a
32 guardian of the person or persons, but not of the
33 estate or (ii) letters of office are issued in the
34 estate of a ward without administration of the
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1 estate, including filing or joining in the filing of
2 a tax return or releasing a mortgage or consenting
3 to the marriage of the ward, the fee shall be $20.
4 (3) In addition to the fees payable under
5 subsection (v)(1) or (v)(2) of this Section, the
6 following fees are payable:
7 (A) For each account (other than one final
8 account) filed in the estate of a decedent, or ward,
9 $25.
10 (B) For filing a claim in an estate when the
11 amount claimed is $150 or more but less than $500,
12 $20; when the amount claimed is $500 or more but
13 less than $10,000, $40; when the amount claimed is
14 $10,000 or more, $60; provided that the court in
15 allowing a claim may add to the amount allowed the
16 filing fee paid by the claimant.
17 (C) For filing in an estate a claim, petition,
18 or supplemental proceeding based upon an action
19 seeking equitable relief including the construction
20 or contest of a will, enforcement of a contract to
21 make a will, and proceedings involving testamentary
22 trusts or the appointment of testamentary trustees,
23 $60.
24 (D) For filing in an estate (i) the appearance
25 of any person for the purpose of consent or (ii) the
26 appearance of an executor, administrator,
27 administrator to collect, guardian, guardian ad
28 litem, or special administrator, no fee.
29 (E) Except as provided in subsection
30 (v)(3)(D), for filing the appearance of any person
31 or persons, $30.
32 (F) For each jury demand, $137.50.
33 (G) For disposition of the collection of a
34 judgment or settlement of an action or claim for
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1 wrongful death of a decedent or of any cause of
2 action of a ward, when there is no other
3 administration of the estate, $50, less any amount
4 paid under subsection (v)(1)(B) or (v)(2)(B) except
5 that if the amount involved does not exceed $5,000,
6 the fee, including any amount paid under subsection
7 (v)(1)(B) or (v)(2)(B), shall be $20.
8 (H) For each certified copy of letters of
9 office, of court order or other certification, $2,
10 plus $1 per page in excess of 3 pages for the
11 document certified.
12 (I) For each exemplification, $2, plus the fee
13 for certification.
14 (4) The executor, administrator, guardian,
15 petitioner, or other interested person or his or her
16 attorney shall pay the cost of publication by the clerk
17 directly to the newspaper.
18 (5) The person on whose behalf a charge is incurred
19 for witness, court reporter, appraiser, or other
20 miscellaneous fee shall pay the same directly to the
21 person entitled thereto.
22 (6) The executor, administrator, guardian,
23 petitioner, or other interested person or his or her
24 attorney shall pay to the clerk all postage charges
25 incurred by the clerk in mailing petitions, orders,
26 notices, or other documents pursuant to the provisions of
27 the Probate Act of 1975.
28 (w) Criminal and Quasi-Criminal Costs and Fees.
29 (1) The clerk shall be entitled to costs in all
30 criminal and quasi-criminal cases from each person
31 convicted or sentenced to supervision therein as follows:
32 (A) Felony complaints, $125.
33 (B) Misdemeanor complaints, $75.
34 (C) Business offense complaints, $75.
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1 (D) Petty offense complaints, $75.
2 (E) Minor traffic or ordinance violations,
3 $30.
4 (F) When court appearance required, $50.
5 (G) Motions to vacate or amend final orders,
6 $40.
7 (H) Motions to vacate bond forfeiture orders,
8 $30.
9 (I) Motions to vacate ex parte judgments,
10 whenever filed, $30.
11 (J) Motions to vacate judgment on forfeitures,
12 whenever filed, $25.
13 (K) Motions to vacate "failure to appear" or
14 "failure to comply" notices sent to the Secretary of
15 State, $40.
16 (2) In counties having a population of 3,000,000 or
17 more, when the violation complaint is issued by a
18 municipal police department, the clerk shall be entitled
19 to costs from each person convicted therein as follows:
20 (A) Minor traffic or ordinance violations,
21 $30.
22 (B) When court appearance required, $50.
23 (3) In ordinance violation cases punishable by fine
24 only, the clerk of the circuit court shall be entitled to
25 receive, unless the fee is excused upon a finding by the
26 court that the defendant is indigent, in addition to
27 other fees or costs allowed or imposed by law, the sum of
28 $112.50 as a fee for the services of a jury. The jury
29 fee shall be paid by the defendant at the time of filing
30 his or her jury demand. If the fee is not so paid by the
31 defendant, no jury shall be called, and the case shall be
32 tried by the court without a jury.
33 (x) Transcripts of Judgment.
34 For the filing of a transcript of judgment, the
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1 clerk shall be entitled to the same fee as if it were the
2 commencement of a new suit.
3 (y) Change of Venue.
4 (1) For the filing of a change of case on a change
5 of venue, the clerk shall be entitled to the same fee as
6 if it were the commencement of a new suit.
7 (2) The fee for the preparation and certification
8 of a record on a change of venue to another jurisdiction,
9 when original documents are forwarded, $40.
10 (z) Tax objection complaints.
11 For each tax objection complaint containing one or
12 more tax objections, regardless of the number of parcels
13 involved or the number of taxpayers joining in the
14 complaint, $50.
15 (aa) Tax Deeds.
16 (1) Petition for tax deed, if only one parcel is
17 involved, $250.
18 (2) For each additional parcel, add a fee 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 3.0% of the amount
23 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
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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
4 from 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, $25.
25 (dd) Exceptions.
26 (1) The fee requirements of this Section shall not
27 apply to police departments or other law enforcement
28 agencies. In this Section, "law enforcement agency"
29 means an agency of the State or a unit of local
30 government which is vested by law or ordinance with the
31 duty to maintain public order and to enforce criminal
32 laws or ordinances. "Law enforcement agency" also means
33 the Attorney General or any state's attorney.
34 (2) No fee provided herein shall be charged to any
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1 unit of local government or school district. The fee
2 requirements of this Section shall not apply to any
3 action instituted under subsection (b) of Section 11-31-1
4 of the Illinois Municipal Code by a private owner or
5 tenant of real property within 1200 feet of a dangerous
6 or unsafe building seeking an order compelling the owner
7 or owners of the building to take any of the actions
8 authorized under that subsection.
9 (ee) Adoption.
10 (1) For an adoption.............................$65
11 (2) Upon good cause shown, the court may waive the
12 adoption filing fee in a special needs adoption. The
13 term "special needs adoption" shall have the meaning
14 ascribed to it by the Illinois Department of Children and
15 Family Services.
16 (ff) Adoption exemptions.
17 No fee other than that set forth in subsection (ee)
18 shall be charged to any person in connection with an
19 adoption proceeding.
20 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
21 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
22 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.