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91_SB0939eng SB939 Engrossed SRS91S0026PMch 1 AN ACT to amend the Clerks of Courts Act by changing 2 Section 27.1. 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 27.1 as follows: 7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 8 Sec. 27.1. The fees of the Clerk of the Circuit Court in 9 all counties having a population of 180,000 inhabitants or 10 less shall be paid in advance, except as otherwise provided, 11 and shall be as follows: 12 (a) Civil Cases 13 (1) All civil cases except as otherwise 14 provided........................................... $40 15 (2) Judicial Sales (except Probate).......... $40 16 (b) Family 17 (1) Commitment petitions under the Mental 18 Health and Developmental Disabilities Code, filing 19 transcript of commitment proceedings held in 20 another county, and cases under the Juvenile Court 21 Act of 1987........................................ $25 22 (2) Petition for Marriage Licenses........... $10 23 (3) Marriages in Court....................... $10 24 (4) Paternity................................ $40 25 (c) Criminal and Quasi-Criminal 26 (1) Each person convicted of a felony........ $40 27 (2) Each person convicted of a misdemeanor, 28 leaving scene of an accident, driving while 29 intoxicated, reckless driving or drag racing, 30 driving when license revoked or suspended, 31 overweight, or no interstate commerce certificate, SB939 Engrossed -2- SRS91S0026PMch 1 or when the disposition is court supervision....... $25 2 (3) Each person convicted of a business 3 offense............................................ $25 4 (4) Each person convicted of a petty offense. $25 5 (5) Minor traffic, conservation, or 6 ordinance violation, including 7 without limitation when the disposition is 8 court supervision: 9 (i) For each offense.................... $10 10 (ii) For each notice sent to the 11 defendant's last known address pursuant to 12 subsection (c) of Section 6-306.4 of the Illinois 13 Vehicle Code....................................... $2 14 (iii) For each notice sent to the 15 Secretary of State pursuant to subsection (c) of 16 Section 6-306.4 of the Illinois Vehicle Code....... $2 17 (6) When Court Appearance required........... $15 18 (7) Motions to vacate or amend final orders.. $10 19 (8) In ordinance violation cases punishable 20 by fine only, the clerk of the circuit court shall 21 be entitled to receive, unless the fee is excused 22 upon a finding by the court that the defendant is 23 indigent, in addition to other fees or costs 24 allowed or imposed by law, the sum of $50 as a fee 25 for the services of a jury. The jury fee shall be 26 paid by the defendant at the time of filing his or 27 her jury demand. If the fee is not so paid by the 28 defendant, no jury shall be called, and the case 29 shall be tried by the court without a jury. 30 (d) Other Civil Cases 31 (1) Money or personal property claimed does 32 not exceed $500.................................... $10 33 (2) Exceeds $500 but not more than $10,000... $25 34 (3) Exceeds $10,000, when relief in addition SB939 Engrossed -3- SRS91S0026PMch 1 to or supplemental to recovery of money alone is 2 sought in an action to recover personal property 3 taxes or retailers occupational tax regardless of 4 amount claimed..................................... $45 5 (4) The Clerk of the Circuit Court shall be 6 entitled to receive, in addition to other fees 7 allowed by law, the sum of $50, as a fee for the 8 services of a jury in every civil action not 9 quasi-criminal in its nature and not a proceeding 10 for the exercise of the right of eminent domain, 11 and in every equitable action wherein the right of 12 trial by jury is or may be given by law. The jury 13 fee shall be paid by the party demanding a jury at 14 the time of filing his jury demand. If such a fee 15 is not paid by either party, no jury shall be 16 called in the action, suit, or proceeding, and the 17 same shall be tried by the court without a jury. 18 (e) Confession of judgment and answer 19 (1) When the amount does not exceed $1,000... $20 20 (2) Exceeds $1,000........................... $40 21 (f) Auxiliary Proceedings 22 Any auxiliary proceeding relating to the 23 collection of a money judgment, including 24 garnishment, citation, or wage deduction action.... $5 25 (g) Forcible entry and detainer 26 (1) For possession only or possession and 27 rent not in excess of $10,000...................... $10 28 (2) For possession and rent in excess of 29 $10,000............................................ $40 30 (h) Eminent Domain 31 (1) Exercise of Eminent Domain............... $45 32 (2) For each and every lot or tract of land 33 or right or interest therein subject to be 34 condemned, the damages in respect to which shall SB939 Engrossed -4- SRS91S0026PMch 1 require separate assessments by a jury............. $45 2 (i) Reinstatement 3 Each case including petition for modification 4 of a judgment or order of Court if filed later than 5 30 days after the entry of a judgment or order, 6 except in forcible entry and detainer cases and 7 small claims and except a petition to modify, 8 terminate, or enforce a judgement or order for 9 child or spousal support or to modify, suspend, or 10 terminate an order for withholding, petition to 11 vacate judgment of dismissal for want of 12 prosecution whenever filed, petition to reopen an 13 estate, or redocketing of any cause................ $20 14 (j) Probate 15 (1) Administration of decedent's estates, 16 whether testate or intestate, guardianships of the 17 person or estate or both of a person under legal 18 disability, guardianships of the person or estate 19 or both of a minor or minors, or petitions to sell 20 real estate in the administration of any estate.... $50 21 (2) Small estates in cases where the real and 22 personal property of an estate does not exceed 23 $5,000............................................. $25 24 (3) At any time during the administration of 25 the estate, however, at the request of the Clerk, 26 the Court shall examine the record of the estate 27 and the personal representative to determine the 28 total value of the real and personal property of 29 the estate, and if such value exceeds $5,000 shall 30 order the payment of an additional fee in the 31 amount of.......................................... $40 32 (4) Inheritance tax proceedings.............. $15 33 (5) Issuing letters only for a certain 34 specific reason other than the administration of an SB939 Engrossed -5- SRS91S0026PMch 1 estate, including but not limited to the release of 2 mortgage; the issue of letters of guardianship in 3 order that consent to marriage may be granted or 4 for some other specific reason other than for the 5 care of property or person; proof of heirship 6 without administration; or when a will is to be 7 admitted to probate, but the estate is to be 8 settled without administration..................... $10 9 (6) When a separate complaint relating to any 10 matter other than a routine claim is filed in an 11 estate, the required additional fee shall be 12 charged for such filing............................ $45 13 (k) Change of Venue 14 From a court, the charge is the same amount as 15 the original filing fee; however, the fee for 16 preparation and certification of record on change 17 of venue, when original documents or copies are 18 forwarded.......................................... $10 19 (l) Answer, adverse pleading, or appearance 20 In civil cases.......... $15 21 With the following exceptions: 22 (1) When the amount does not exceed $500..... $5 23 (2) When amount exceeds $500 but not $10,000. $10 24 (3) When amount exceeds $10,000.............. $15 25 (4) Court appeals when documents are 26 forwarded, over 200 pages, additional fee per page 27 over 200........................................... 10¢ 28 (m) Tax objection complaints 29 For each tax objection complaint containing 30 one or more tax objections, regardless of the 31 number of parcels involved or the number of 32 taxpayers joining the complaint.................... $10 33 (n) Tax deed 34 (1) Petition for tax deed, if only one parcel SB939 Engrossed -6- SRS91S0026PMch 1 is involved........................................ $45 2 (2) For each additional parcel involved, an 3 additional fee of.................................. $10 4 (o) Mailing Notices and Processes 5 (1) All notices that the clerk is required to 6 mail as first class mail........................... $2 7 (2) For all processes or notices the Clerk is 8 required to mail by certified or registered mail, 9 the fee will be $2 plus cost of postage. 10 (p) Certification or Authentication 11 (1) Each certification or authentication for 12 taking the acknowledgement of a deed or other 13 instrument in writing with seal of office.......... $2 14 (2) Court appeals when original documents are 15 forwarded, 100 pages or under, plus delivery costs. $25 16 (3) Court appeals when original documents are 17 forwarded, over 100 pages, plus delivery costs..... $60 18 (4) Court appeals when original documents are 19 forwarded, over 200 pages, additional fee per page 20 over 200........................................... 10¢ 21 (q) Reproductions 22 Each record of proceedings and judgment, 23 whether on appeal, change of venue, certified 24 copies of orders and judgments, and all other 25 instruments, documents, records, or papers: 26 (1) First page.......................... $1 27 (2) Next 19 pages, per page............. 50¢ 28 (3) All remaining pages, per page....... 25¢ 29 (r) Counterclaim 30 When any defendant files a counterclaim as 31 part of his or her answer or otherwise, or joins 32 another party as a third party defendant, or both, 33 he or she shall pay a fee for each such 34 counterclaim or third party action in an amount SB939 Engrossed -7- SRS91S0026PMch 1 equal to the fee he or she would have had to pay 2 had he or she brought a separate action for the 3 relief sought in the counterclaim or against the 4 third party defendant, less the amount of the 5 appearance fee, if that has been paid. 6 (s) Transcript of Judgment 7 From a court, the same fee as if case 8 originally filed. 9 (t) Publications 10 The cost of publication shall be paid directly 11 to the publisher by the person seeking the 12 publication, whether the clerk is required by law 13 to publish, or the parties to the action. 14 (u) Collections 15 (1) For all collections made for others, 16 except the State and County and except in 17 maintenance or child support cases, a sum equal to 18 2% of the amount collected and turned over. 19 (2) In any cases remanded to the Circuit 20 Court from the Supreme Court or the Appellate 21 Court, the Clerk shall file the remanding order and 22 reinstate the case with either its original number 23 or a new number. The Clerk shall not charge any 24 new or additional fee for the reinstatement. Upon 25 reinstatement the Clerk shall advise the parties of 26 the reinstatement. A party shall have the same 27 right to a jury trial on remand and reinstatement 28 as he or she had before the appeal, and no 29 additional or new fee or charge shall be made for a 30 jury trial after remand. 31 (3) In maintenance and child support matters, 32 the Clerk may deduct from each payment an amount 33 equal to the United States postage to be used in 34 mailing the maintenance or child support check to SB939 Engrossed -8- SRS91S0026PMch 1 the recipient. In such cases, the Clerk shall 2 collect an annual fee of up to $36 from the person 3 making such payment for administering the 4 collection and distribution of maintenance and 5 child support payments. Such sum shall be in 6 addition to and separate from amounts ordered to be 7 paid as maintenance or child support and shall be 8 deposited in a separate Maintenance and Child 9 Support Collection Fund of which the Clerk shall be 10 the custodian, ex officio, to be used by the Clerk 11 to further maintenance and child support collection 12 efforts in his office. Unless paid in cash or 13 pursuant to an order for withholding, the payment 14 of the fee shall be by a separate instrument from 15 the support payment and shall be made to the order 16 of the Clerk. The Clerk may recover from the person 17 making the maintenance or child support payment any 18 additional cost incurred in the collection of this 19 annual fee. 20 (4) Interest earned on any funds held by the 21 clerk shall be turned over to the county general 22 fund as an earning of the office. 23 The Clerk shall also be entitled to a fee of 24 $5 for certifications made to the Secretary of 25 State as provided in Section 7-703 of the Family 26 Financial Responsibility Law and these fees shall 27 also be deposited into the Separate Maintenance and 28 Child Support Collection Fund. 29 (v) Correction of Cases 30 For correcting the case number or case title 31 on any document filed in his office, to be charged 32 against the party that filed the document.......... $10 33 (w) Record Search 34 For searching a record, per year searched..... $4 SB939 Engrossed -9- SRS91S0026PMch 1 (x) Printed Output 2 For each page of hard copy print output, when 3 case records are maintained on an automated medium. $2 4 (y) Alias Summons 5 For each alias summons issued................. $2 6 (z) Expungement of Records 7 For each expungement petition filed........... $15 8 (aa) Other Fees 9 Any fees not covered by this Section shall be set by 10 rule or administrative order of the Circuit Court, with 11 the approval of the Supreme Court. 12 (bb) Exemptions 13 No fee provided for herein shall be charged to any 14 unit of State or local government or school district 15 unless the Court orders another party to pay such fee on 16 its behalf. The fee requirements of this Section shall 17 not apply to police departments or other law enforcement 18 agencies. In this Section, "law enforcement agency" 19 means an agency of the State or a unit of local 20 government that is vested by law or ordinance with the 21 duty to maintain public order and to enforce criminal 22 laws and ordinances. The fee requirements of this Section 23 shall not apply to any action instituted under subsection 24 (b) of Section 11-31-1 of the Illinois Municipal Code by 25 a private owner or tenant of real property within 1200 26 feet of a dangerous or unsafe building seeking an order 27 compelling the owner or owners of the building to take 28 any of the actions authorized under that subsection. 29 (cc) Adoptions 30 (1) For an adoption.............................$65 31 (2) Upon good cause shown, the court may waive the 32 adoption filing fee in a special needs adoption. The 33 term "special needs adoption" shall have the meaning 34 ascribed to it by the Illinois Department of Children and SB939 Engrossed -10- SRS91S0026PMch 1 Family Services. 2 (dd) Adoption exemptions 3 No fee other than that set forth in subsection (cc) 4 shall be charged to any person in connection with an 5 adoption proceeding. 6 (ee) Additional Services 7 Beginning July 1, 1993, the clerk of the circuit 8 court may provide such additional services for which 9 there is no fee specified by statute in connection with 10 the operation of the clerk's office as may be requested 11 by the public and agreed to by the public and by the 12 clerk and approved by the chief judge of the circuit 13 court. Any charges for additional services shall be as 14 agreed to between the clerk and the party making the 15 request and approved by the chief judge of the circuit 16 court.Nothing in this subsection shall be as agreed to17between the clerk and the party making the request.18 Nothing in this subsection shall be construed to require 19 any clerk to provide any service not otherwise required 20 by law. 21 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 22 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised 23 12-31-98.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.