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[ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
[ Senate Amendment 002 ] |
92_HB1829 LRB9205211REtm 1 AN ACT concerning fees. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clerks of Courts Act is amended by 5 changing Section 27.2a as follows: 6 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 7 Sec. 27.2a. The fees of the clerks of the circuit court 8 in all counties having a population of 3,000,000 or more 9 inhabitants in the instances described in this Section shall 10 be as provided in this Section. The fees mustshallbe paid 11 in advance and 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 $190. 16 (A) When the amount of money or damages or the 17 value of personal property claimed does not exceed 18 $250, $15. 19 (B) When that amount exceeds $250 but does not 20 exceed $1000, $40. 21 (C) When that amount exceeds $1000 but does 22 not exceed $2500, $50. 23 (D) When that amount exceeds $2500 but does 24 not exceed $5000, $100. 25 (E) When that amount exceeds $5000 but does 26 not exceed $15,000, $150. 27 (F) For the exercise of eminent domain, $150. 28 For each additional lot or tract of land or right or 29 interest therein subject to be condemned, the 30 damages in respect to which shall require separate 31 assessment by a jury, $150. -2- LRB9205211REtm 1 (G) For the final determination of parking, 2 standing, and compliance violations and final 3 administrative decisions issued after hearings 4 regarding vehicle immobilization and impoundment 5 made pursuant to Sections 3-704.1, 6-306.5, and 6 11-208.3 of the Illinois Vehicle Code, $25. 7 (b) Forcible Entry and Detainer. 8 In each forcible entry and detainer case when the 9 plaintiff seeks possession only or unites with his or her 10 claim for possession of the property a claim for rent or 11 damages or both in the amount of $15,000 or less, $75. 12 When the plaintiff unites his or her claim for possession 13 with a claim for rent or damages or both exceeding 14 $15,000, $225. 15 (c) Counterclaim or Joining Third Party Defendant. 16 When any defendant files a counterclaim as part of 17 his or her answer or otherwise or joins another party as 18 a third party defendant, or both, the defendant shall pay 19 a fee for each counterclaim or third party action in an 20 amount equal to the fee he or she would have had to pay 21 had he or she brought a separate action for the relief 22 sought in the counterclaim or against the third party 23 defendant, less the amount of the appearance fee, if that 24 has been paid. 25 (d) Confession of Judgment. 26 In a confession of judgment when the amount does not 27 exceed $1500, $60. When the amount exceeds $1500, but 28 does not exceed $5000, $75. When the amount exceeds 29 $5000, but does not exceed $15,000, $175. When the amount 30 exceeds $15,000, $250. 31 (e) Appearance. 32 The fee for filing an appearance in each civil case 33 shall be $75, except as follows: 34 (A) When the plaintiff in a forcible entry and -3- LRB9205211REtm 1 detainer case seeks possession only, $40. 2 (B) When the amount in the case does not 3 exceed $1500, $40. 4 (C) When that amount exceeds $1500 but does 5 not exceed $15,000, $60. 6 (f) Garnishment, Wage Deduction, and Citation. 7 In garnishment affidavit, wage deduction affidavit, 8 and citation petition when the amount does not exceed 9 $1,000, $15; when the amount exceeds $1,000 but does not 10 exceed $5,000, $30; and when the amount exceeds $5,000, 11 $50. 12 (g) Petition to Vacate or Modify. 13 (1) Petition to vacate or modify any final judgment 14 or order of court, except in forcible entry and detainer 15 cases and small claims cases or a petition to reopen an 16 estate, to modify, terminate, or enforce a judgment or 17 order for child or spousal support, or to modify, 18 suspend, or terminate an order for withholding, if filed 19 before 30 days after the entry of the judgment or order, 20 $50. 21 (2) Petition to vacate or modify any final judgment 22 or order of court, except a petition to modify, 23 terminate, or enforce a judgment or order for child or 24 spousal support or to modify, suspend, or terminate an 25 order for withholding, if filed later than 30 days after 26 the entry of the judgment or order, $75. 27 (3) Petition to vacate order of bond forfeiture, 28 $40. 29 (h) Mailing. 30 When the clerk is required to mail, the fee will be 31 $10, plus the cost of postage. 32 (i) Certified Copies. 33 Each certified copy of a judgment after the first, 34 except in small claims and forcible entry and detainer -4- LRB9205211REtm 1 cases, $15. 2 (j) Habeas Corpus. 3 For filing a petition for relief by habeas corpus, 4 $125. 5 (k) Certification, Authentication, and Reproduction. 6 (1) Each certification or authentication for taking 7 the acknowledgment of a deed or other instrument in 8 writing with the seal of office, $6. 9 (2) Court appeals when original documents are 10 forwarded, under 100 pages, plus delivery and costs, $75. 11 (3) Court appeals when original documents are 12 forwarded, over 100 pages, plus delivery and costs, $150. 13 (4) Court appeals when original documents are 14 forwarded, over 200 pages, an additional fee of 25 cents 15 per page. 16 (5) For reproduction of any document contained in 17 the clerk's files: 18 (A) First page, $2. 19 (B) Next 19 pages, 50 cents per page. 20 (C) All remaining pages, 25 cents per page. 21 (l) Remands. 22 In any cases remanded to the Circuit Court from the 23 Supreme Court or the Appellate Court for a new trial, the 24 clerk shall file the remanding order and reinstate the 25 case with either its original number or a new number. 26 The Clerk shall not charge any new or additional fee for 27 the reinstatement. Upon reinstatement the Clerk shall 28 advise the parties of the reinstatement. A party shall 29 have the same right to a jury trial on remand and 30 reinstatement as he or she had before the appeal, and no 31 additional or new fee or charge shall be made for a jury 32 trial after remand. 33 (m) Record Search. 34 For each record search, within a division or -5- LRB9205211REtm 1 municipal district, the clerk shall be entitled to a 2 search fee of $6 for each year searched. 3 (n) Hard Copy. 4 For each page of hard copy print output, when case 5 records are maintained on an automated medium, the clerk 6 shall be entitled to a fee of $6. 7 (o) Index Inquiry and Other Records. 8 No fee shall be charged for a single 9 plaintiff/defendant index inquiry or single case record 10 inquiry when this request is made in person and the 11 records are maintained in a current automated medium, and 12 when no hard copy print output is requested. The fees to 13 be charged for management records, multiple case records, 14 and multiple journal records may be specified by the 15 Chief Judge pursuant to the guidelines for access and 16 dissemination of information approved by the Supreme 17 Court. 18 (p) Commitment Petitions. 19 For filing commitment petitions under the Mental 20 Health and Developmental Disabilities Code, $50. 21 (q) Alias Summons. 22 For each alias summons or citation issued by the 23 clerk, $5. 24 (r) Other Fees. 25 Any fees not covered in this Section shall be set by 26 rule or administrative order of the Circuit Court with 27 the approval of the Administrative Office of the Illinois 28 Courts. 29 The clerk of the circuit court may provide 30 additional services for which there is no fee specified 31 by statute in connection with the operation of the 32 clerk's office as may be requested by the public and 33 agreed to by the clerk and approved by the chief judge of 34 the circuit court. Any charges for additional services -6- LRB9205211REtm 1 shall be as agreed to between the clerk and the party 2 making the request and approved by the chief judge of the 3 circuit court. Nothing in this subsection shall be 4 construed to require any clerk to provide any service not 5 otherwise required by law. 6 (s) Jury Services. 7 The clerk shall be entitled to receive, in addition 8 to other fees allowed by law, the sum of $212.50, as a 9 fee for the services of a jury in every civil action not 10 quasi-criminal in its nature and not a proceeding for the 11 exercise of the right of eminent domain and in every 12 other action wherein the right of trial by jury is or may 13 be given by law. The jury fee shall be paid by the party 14 demanding a jury at the time of filing the jury demand. 15 If the fee is not paid by either party, no jury shall be 16 called in the action or proceeding, and the same shall be 17 tried by the court without a jury. 18 (t) Voluntary Assignment. 19 For filing each deed of voluntary assignment, $20; 20 for recording the same, 50¢ for each 100 words. 21 Exceptions filed to claims presented to an assignee of a 22 debtor who has made a voluntary assignment for the 23 benefit of creditors shall be considered and treated, for 24 the purpose of taxing costs therein, as actions in which 25 the party or parties filing the exceptions shall be 26 considered as party or parties plaintiff, and the 27 claimant or claimants as party or parties defendant, and 28 those parties respectively shall pay to the clerk the 29 same fees as provided by this Section to be paid in other 30 actions. 31 (u) Expungement Petition. 32 The clerk shall be entitled to receive a fee of $60 33 for each expungement petition filed and an additional fee 34 of $4 for each certified copy of an order to expunge -7- LRB9205211REtm 1 arrest records. 2 (v) Probate. 3 The clerk is entitled to receive the fees specified in 4 this subsection (v), which shall be paid in advance, except 5 that, for good cause shown, the court may suspend, reduce, or 6 release the costs payable under this subsection: 7 (1) For administration of the estate of a decedent 8 (whether testate or intestate) or of a missing person, 9 $150, plus the fees specified in subsection (v)(3), 10 except: 11 (A) When the value of the real and personal 12 property does not exceed $15,000, the fee shall be 13 $40. 14 (B) When (i) proof of heirship alone is made, 15 (ii) a domestic or foreign will is admitted to 16 probate without administration (including proof of 17 heirship), or (iii) letters of office are issued for 18 a particular purpose without administration of the 19 estate, the fee shall be $40. 20 (2) For administration of the estate of a ward, 21 $75, plus the fees specified in subsection (v)(3), 22 except: 23 (A) When the value of the real and personal 24 property does not exceed $15,000, the fee shall be 25 $40. 26 (B) When (i) letters of office are issued to a 27 guardian of the person or persons, but not of the 28 estate or (ii) letters of office are issued in the 29 estate of a ward without administration of the 30 estate, including filing or joining in the filing of 31 a tax return or releasing a mortgage or consenting 32 to the marriage of the ward, the fee shall be $20. 33 (3) In addition to the fees payable under 34 subsection (v)(1) or (v)(2) of this Section, the -8- LRB9205211REtm 1 following fees are payable: 2 (A) For each account (other than one final 3 account) filed in the estate of a decedent, or ward, 4 $25. 5 (B) For filing a claim in an estate when the 6 amount claimed is $150 or more but less than $500, 7 $20; when the amount claimed is $500 or more but 8 less than $10,000, $40; when the amount claimed is 9 $10,000 or more, $60; provided that the court in 10 allowing a claim may add to the amount allowed the 11 filing fee paid by the claimant. 12 (C) For filing in an estate a claim, petition, 13 or supplemental proceeding based upon an action 14 seeking equitable relief including the construction 15 or contest of a will, enforcement of a contract to 16 make a will, and proceedings involving testamentary 17 trusts or the appointment of testamentary trustees, 18 $60. 19 (D) For filing in an estate (i) the appearance 20 of any person for the purpose of consent or (ii) the 21 appearance of an executor, administrator, 22 administrator to collect, guardian, guardian ad 23 litem, or special administrator, no fee. 24 (E) Except as provided in subsection 25 (v)(3)(D), for filing the appearance of any person 26 or persons, $30. 27 (F) For each jury demand, $137.50. 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, $50, less any amount 33 paid under subsection (v)(1)(B) or (v)(2)(B) except 34 that if the amount involved does not exceed $5,000, -9- LRB9205211REtm 1 the fee, including any amount paid under subsection 2 (v)(1)(B) or (v)(2)(B), shall be $20. 3 (H) For each certified copy of letters of 4 office, of court order or other certification, $2, 5 plus $1 per page in excess of 3 pages for the 6 document certified. 7 (I) For each exemplification, $2, plus the fee 8 for certification. 9 (4) The executor, administrator, guardian, 10 petitioner, or other interested person or his or her 11 attorney shall pay the cost of publication by the clerk 12 directly to the newspaper. 13 (5) The person on whose behalf a charge is incurred 14 for witness, court reporter, appraiser, or other 15 miscellaneous fee shall pay the same directly to the 16 person entitled thereto. 17 (6) The executor, administrator, guardian, 18 petitioner, or other interested person or his or her 19 attorney shall pay to the clerk all postage charges 20 incurred by the clerk in mailing petitions, orders, 21 notices, or other documents pursuant to the provisions of 22 the Probate Act of 1975. 23 (w) Criminal and Quasi-Criminal Costs and Fees. 24 (1) The clerk shall be entitled to costs in all 25 criminal and quasi-criminal cases from each person 26 convicted or sentenced to supervision therein as follows: 27 (A) Felony complaints, $125. 28 (B) Misdemeanor complaints, $75. 29 (C) Business offense complaints, $75. 30 (D) Petty offense complaints, $75. 31 (E) Minor traffic or ordinance violations, 32 $30. 33 (F) When court appearance required, $50. 34 (G) Motions to vacate or amend final orders, -10- LRB9205211REtm 1 $40. 2 (H) Motions to vacate bond forfeiture orders, 3 $30. 4 (I) Motions to vacate ex parte judgments, 5 whenever filed, $30. 6 (J) Motions to vacate judgment on forfeitures, 7 whenever filed, $25. 8 (K) Motions to vacate "failure to appear" or 9 "failure to comply" notices sent to the Secretary of 10 State, $40. 11 (2) In counties having a population of 3,000,000 or 12 more, when the violation complaint is issued by a 13 municipal police department, the clerk shall be entitled 14 to costs from each person convicted therein as follows: 15 (A) Minor traffic or ordinance violations, 16 $30. 17 (B) When court appearance required, $50. 18 (3) In ordinance violation cases punishable by fine 19 only, the clerk of the circuit court shall be entitled to 20 receive, unless the fee is excused upon a finding by the 21 court that the defendant is indigent, in addition to 22 other fees or costs allowed or imposed by law, the sum of 23 $112.50 as a fee for the services of a jury. The jury 24 fee shall be paid by the defendant at the time of filing 25 his or her jury demand. If the fee is not so paid by the 26 defendant, no jury shall be called, and the case shall be 27 tried by the court without a jury. 28 (x) Transcripts of Judgment. 29 For the filing of a transcript of judgment, the 30 clerk shall be entitled to the same fee as if it were the 31 commencement of a new suit. 32 (y) Change of Venue. 33 (1) For the filing of a change of case on a change 34 of venue, the clerk shall be entitled to the same fee as -11- LRB9205211REtm 1 if it were the commencement of a new suit. 2 (2) The fee for the preparation and certification 3 of a record on a change of venue to another jurisdiction, 4 when original documents are forwarded, $40. 5 (z) Tax objection complaints. 6 For each tax objection complaint containing one or 7 more tax objections, regardless of the number of parcels 8 involved or the number of taxpayers joining in the 9 complaint, $50. 10 (aa) Tax Deeds. 11 (1) Petition for tax deed, if only one parcel is 12 involved, $250. 13 (2) For each additional parcel, add a fee of $100. 14 (bb) Collections. 15 (1) For all collections made of others, except the 16 State and county and except in maintenance or child 17 support cases, a sum equal to 3.0% of the amount 18 collected and turned over. 19 (2) Interest earned on any funds held by the clerk 20 shall be turned over to the county general fund as an 21 earning of the office. 22 (3) For any check, draft, or other bank instrument 23 returned to the clerk for non-sufficient funds, account 24 closed, or payment stopped, $25. 25 (4) In child support and maintenance cases, the 26 clerk, if authorized by an ordinance of the county board, 27 may collect an annual fee of up to $36 from the person 28 making payment for maintaining child support records and 29 the processing of support orders to the State of Illinois 30 KIDS system and the recording of payments issued by the 31 State Disbursement Unit for the official record of the 32 Court. This fee shall be in addition to and separate 33 from amounts ordered to be paid as maintenance or child 34 support and shall be deposited into a Separate -12- LRB9205211REtm 1 Maintenance and Child Support Collection Fund, of which 2 the clerk shall be the custodian, ex-officio, to be used 3 by the clerk to maintain child support orders and record 4 all payments issued by the State Disbursement Unit for 5 the official record of the Court. The clerk may recover 6 from the person making the maintenance or child support 7 payment any additional cost incurred in the collection of 8 this annual fee. 9 The clerk shall also be entitled to a fee of $5 for 10 certifications made to the Secretary of State as provided 11 in Section 7-703 of the Family Financial Responsibility 12 Law and these fees shall also be deposited into the 13 Separate Maintenance and Child Support Collection Fund. 14 (cc) Corrections of Numbers. 15 For correction of the case number, case title, or 16 attorney computer identification number, if required by 17 rule of court, on any document filed in the clerk's 18 office, to be charged against the party that filed the 19 document, $25. 20 (dd) Exceptions. 21 (1) The fee requirements of this Section shall not 22 apply to police departments or other law enforcement 23 agencies. In this Section, "law enforcement agency" 24 means an agency of the State or a unit of local 25 government which is vested by law or ordinance with the 26 duty to maintain public order and to enforce criminal 27 laws or ordinances. "Law enforcement agency" also means 28 the Attorney General or any state's attorney. 29 (2) No fee provided herein shall be charged to any 30 unit of local government or school district. The fee 31 requirements of this Section shall not apply to any 32 action instituted under subsection (b) of Section 11-31-1 33 of the Illinois Municipal Code by a private owner or 34 tenant of real property within 1200 feet of a dangerous -13- LRB9205211REtm 1 or unsafe building seeking an order compelling the owner 2 or owners of the building to take any of the actions 3 authorized under that subsection. 4 (ee) Adoption. 5 (1) For an adoption.............................$65 6 (2) Upon good cause shown, the court may waive the 7 adoption filing fee in a special needs adoption. The 8 term "special needs adoption" shall have the meaning 9 ascribed to it by the Illinois Department of Children and 10 Family Services. 11 (ff) Adoption exemptions. 12 No fee other than that set forth in subsection (ee) 13 shall be charged to any person in connection with an 14 adoption proceeding. 15 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 16 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 17 6-13-00.)