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92_HB3576eng HB3576 Engrossed LRB9207669ARsb 1 AN ACT concerning clerks of courts. 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 27.1 as follows: 6 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 7 Sec. 27.1. The fees of the Clerk of the Circuit Court in 8 all counties having a population of 180,000 inhabitants or 9 less shall be paid in advance, except as otherwise provided, 10 and shall be as follows: 11 (a) Civil Cases. 12 (1) All civil cases except as otherwise 13 provided........................................... $40 14 (2) Judicial Sales (except Probate).......... $40 15 (b) Family. 16 (1) Commitment petitions under the Mental 17 Health and Developmental Disabilities Code, filing 18 transcript of commitment proceedings held in 19 another county, and cases under the Juvenile Court 20 Act of 1987........................................ $25 21 (2) Petition for Marriage Licenses........... $10 22 (3) Marriages in Court....................... $10 23 (4) Paternity................................ $40 24 (c) Criminal and Quasi-Criminal. 25 (1) Each person convicted of a felony........ $40 26 (2) Each person convicted of a misdemeanor, 27 leaving scene of an accident, driving while 28 intoxicated, reckless driving or drag racing, 29 driving when license revoked or suspended, 30 overweight, or no interstate commerce certificate, 31 or when the disposition is court supervision....... $25 HB3576 Engrossed -2- LRB9207669ARsb 1 (3) Each person convicted of a business 2 offense............................................ $25 3 (4) Each person convicted of a petty offense. $25 4 (5) Minor traffic, conservation, or 5 ordinance violation, including 6 without limitation when the disposition is 7 court supervision: 8 (i) For each offense.................... $10 9 (ii) For each notice sent to the 10 defendant's last known address pursuant to 11 subsection (c) of Section 6-306.4 of the Illinois 12 Vehicle Code....................................... $2 13 (iii) For each notice sent to the 14 Secretary of State pursuant to subsection (c) of 15 Section 6-306.4 of the Illinois Vehicle Code....... $2 16 (6) When Court Appearance required........... $15 17 (7) Motions to vacate or amend final orders.. $10 18 (8) In ordinance violation cases punishable 19 by fine only, the clerk of the circuit court shall 20 be entitled to receive, unless the fee is excused 21 upon a finding by the court that the defendant is 22 indigent, in addition to other fees or costs 23 allowed or imposed by law, the sum of $62.50 as a 24 fee for the services of a jury. The jury fee shall 25 be paid by the defendant at the time of filing his 26 or her jury demand. If the fee is not so paid by 27 the defendant, no jury shall be called, and the 28 case shall be tried by the court without a jury. 29 (d) Other Civil Cases. 30 (1) Money or personal property claimed does 31 not exceed $500.................................... $10 32 (2) Exceeds $500 but not more than $10,000... $25 33 (3) Exceeds $10,000, when relief in addition 34 to or supplemental to recovery of money alone is HB3576 Engrossed -3- LRB9207669ARsb 1 sought in an action to recover personal property 2 taxes or retailers occupational tax regardless of 3 amount claimed..................................... $45 4 (4) The Clerk of the Circuit Court shall be 5 entitled to receive, in addition to other fees 6 allowed by law, the sum of $62.50, as a fee for the 7 services of a jury in every civil action not 8 quasi-criminal in its nature and not a proceeding 9 for the exercise of the right of eminent domain, 10 and in every equitable action wherein the right of 11 trial by jury is or may be given by law. The jury 12 fee shall be paid by the party demanding a jury at 13 the time of filing his jury demand. If such a fee 14 is not paid by either party, no jury shall be 15 called in the action, suit, or proceeding, and the 16 same shall be tried by the court without a jury. 17 (e) Confession of judgment and answer. 18 (1) When the amount does not exceed $1,000... $20 19 (2) Exceeds $1,000........................... $40 20 (f) Auxiliary Proceedings. 21 Any auxiliary proceeding relating to the 22 collection of a money judgment, including 23 garnishment, citation, or wage deduction action.... $5 24 (g) Forcible entry and detainer. 25 (1) For possession only or possession and 26 rent not in excess of $10,000...................... $10 27 (2) For possession and rent in excess of 28 $10,000............................................ $40 29 (h) Eminent Domain. 30 (1) Exercise of Eminent Domain............... $45 31 (2) For each and every lot or tract of land 32 or right or interest therein subject to be 33 condemned, the damages in respect to which shall 34 require separate assessments by a jury............. $45 HB3576 Engrossed -4- LRB9207669ARsb 1 (i) Reinstatement. 2 Each case including petition for modification 3 of a judgment or order of Court if filed later than 4 30 days after the entry of a judgment or order, 5 except in forcible entry and detainer cases and 6 small claims and except a petition to modify, 7 terminate, or enforce a judgement or order for 8 child or spousal support or to modify, suspend, or 9 terminate an order for withholding, petition to 10 vacate judgment of dismissal for want of 11 prosecution whenever filed, petition to reopen an 12 estate, or redocketing of any cause................ $20 13 (j) Probate. 14 (1) Administration of decedent's estates, 15 whether testate or intestate, guardianships of the 16 person or estate or both of a person under legal 17 disability, guardianships of the person or estate 18 or both of a minor or minors, or petitions to sell 19 real estate in the administration of any estate.... $50 20 (2) Small estates in cases where the real and 21 personal property of an estate does not exceed 22 $5,000............................................. $25 23 (3) At any time during the administration of 24 the estate, however, at the request of the Clerk, 25 the Court shall examine the record of the estate 26 and the personal representative to determine the 27 total value of the real and personal property of 28 the estate, and if such value exceeds $5,000 shall 29 order the payment of an additional fee in the 30 amount of.......................................... $40 31 (4) Inheritance tax proceedings.............. $15 32 (5) Issuing letters only for a certain 33 specific reason other than the administration of an 34 estate, including but not limited to the release of HB3576 Engrossed -5- LRB9207669ARsb 1 mortgage; the issue of letters of guardianship in 2 order that consent to marriage may be granted or 3 for some other specific reason other than for the 4 care of property or person; proof of heirship 5 without administration; or when a will is to be 6 admitted to probate, but the estate is to be 7 settled without administration..................... $10 8 (6) When a separate complaint relating to any 9 matter other than a routine claim is filed in an 10 estate, the required additional fee shall be 11 charged for such filing............................ $45 12 (k) Change of Venue. 13 From a court, the charge is the same amount as 14 the original filing fee; however, the fee for 15 preparation and certification of record on change 16 of venue, when original documents or copies are 17 forwarded.......................................... $10 18 (l) Answer, adverse pleading, or appearance. 19 In civil cases................................ $15 20 With the following exceptions: 21 (1) When the amount does not exceed $500..... $5 22 (2) When amount exceeds $500 but not $10,000. $10 23 (3) When amount exceeds $10,000.............. $15 24 (4) Court appeals when documents are 25 forwarded, over 200 pages, additional fee per page 26 over 200........................................... 10¢ 27 (m) Tax objection complaints. 28 For each tax objection complaint containing 29 one or more tax objections, regardless of the 30 number of parcels involved or the number of 31 taxpayers joining the complaint.................... $10 32 (n) Tax deed. 33 (1) Petition for tax deed, if only one parcel 34 is involved........................................ $45 HB3576 Engrossed -6- LRB9207669ARsb 1 (2) For each additional parcel involved, an 2 additional fee of.................................. $10 3 (o) Mailing Notices and Processes. 4 (1) All notices that the clerk is required to 5 mail as first class mail........................... $2 6 (2) For all processes or notices the Clerk is 7 required to mail by certified or registered mail, 8 the fee will be $2 plus cost of postage. 9 (p) Certification or Authentication. 10 (1) Each certification or authentication for 11 taking the acknowledgement of a deed or other 12 instrument in writing with seal of office.......... $2 13 (2) Court appeals when original documents are 14 forwarded, 100 pages or under, plus delivery costs. $25 15 (3) Court appeals when original documents are 16 forwarded, over 100 pages, plus delivery costs..... $60 17 (4) Court appeals when original documents are 18 forwarded, over 200 pages, additional fee per page 19 over 200........................................... 10¢ 20 (q) Reproductions. 21 Each record of proceedings and judgment, 22 whether on appeal, change of venue, certified 23 copies of orders and judgments, and all other 24 instruments, documents, records, or papers: 25 (1) First page.......................... $1 26 (2) Next 19 pages, per page............. 50¢ 27 (3) All remaining pages, per page....... 25¢ 28 (r) Counterclaim. 29 When any defendant files a counterclaim as 30 part of his or her answer or otherwise, or joins 31 another party as a third party defendant, or both, 32 he or she shall pay a fee for each such 33 counterclaim or third party action in an amount 34 equal to the fee he or she would have had to pay HB3576 Engrossed -7- LRB9207669ARsb 1 had he or she brought a separate action for the 2 relief sought in the counterclaim or against the 3 third party defendant, less the amount of the 4 appearance fee, if that has been paid. 5 (s) Transcript of Judgment. 6 From a court, the same fee as if case 7 originally filed. 8 (t) Publications. 9 The cost of publication shall be paid directly 10 to the publisher by the person seeking the 11 publication, whether the clerk is required by law 12 to publish, or the parties to the action. 13 (u) Collections. 14 (1) For all collections made for others, 15 except the State and County and except in 16 maintenance or child support cases, a sum equal to 17 2% of the amount collected and turned over. 18 (2) In any cases remanded to the Circuit 19 Court from the Supreme Court or the Appellate 20 Court, the Clerk shall file the remanding order and 21 reinstate the case with either its original number 22 or a new number. The Clerk shall not charge any 23 new or additional fee for the reinstatement. Upon 24 reinstatement the Clerk shall advise the parties of 25 the reinstatement. A party shall have the same 26 right to a jury trial on remand and reinstatement 27 as he or she had before the appeal, and no 28 additional or new fee or charge shall be made for a 29 jury trial after remand. 30 (3) In maintenance and child support matters, 31 the Clerk may deduct from each payment an amount 32 equal to the United States postage to be used in 33 mailing the maintenance or child support check to 34 the recipient. In such cases, the Clerk shall HB3576 Engrossed -8- LRB9207669ARsb 1 collect an annual fee of up to $36 from the person 2 making such payment for maintaining child support 3 records and the processing of support orders to the 4 State of Illinois KIDS system and the recording of 5 payments issued by the State Disbursement Unit for 6 the official record of the Court. Such sum shall be 7 in addition to and separate from amounts ordered to 8 be paid as maintenance or child support and shall 9 be deposited in a separate Maintenance and Child 10 Support Collection Fund of which the Clerk shall be 11 the custodian, ex officio, to be used by the Clerk 12 to maintain child support orders and record all 13 payments issued by the State Disbursement Unit for 14 the official record of the Court. Unless paid in 15 cash or pursuant to an order for withholding, the 16 payment of the fee shall be by a separate 17 instrument from the support payment and shall be 18 made to the order of the Clerk. The Clerk may 19 recover from the person making the maintenance or 20 child support payment any additional cost incurred 21 in the collection of this annual fee. 22 (4) Interest earned on any funds held by the 23 clerk shall be turned over to the county general 24 fund as an earning of the office. 25 The Clerk shall also be entitled to a fee of 26 $5 for certifications made to the Secretary of 27 State as provided in Section 7-703 of the Family 28 Financial Responsibility Law and these fees shall 29 also be deposited into the Separate Maintenance and 30 Child Support Collection Fund. 31 (v) Correction of Cases. 32 For correcting the case number or case title 33 on any document filed in his office, to be charged 34 against the party that filed the document.......... $10 HB3576 Engrossed -9- LRB9207669ARsb 1 (w) Record Search. 2 For searching a record, per year searched..... $4 3 (x) Printed Output. 4 For each page of hard copy print output, when 5 case records are maintained on an automated medium. $2 6 (y) Alias Summons. 7 For each alias summons issued................. $2 8 (z) Expungement of Records. 9 For each expungement petition filed........... $15 10 (aa) Other Fees. 11 Any fees not covered by this Section shall be set by 12 rule or administrative order of the Circuit Court, with 13 the approval of the Supreme Court. 14 (bb) Exemptions. 15 No fee provided for herein shall be charged to any 16 unit of State or local government or school district 17 unless the Court orders another party to pay such fee on 18 its behalf. The fee requirements of this Section shall 19 not apply to police departments or other law enforcement 20 agencies. In this Section, "law enforcement agency" 21 means an agency of the State or a unit of local 22 government that is vested by law or ordinance with the 23 duty to maintain public order and to enforce criminal 24 laws and ordinances. The fee requirements of this Section 25 shall not apply to any action instituted under subsection 26 (b) of Section 11-31-1 of the Illinois Municipal Code by 27 a private owner or tenant of real property within 1200 28 feet of a dangerous or unsafe building seeking an order 29 compelling the owner or owners of the building to take 30 any of the actions authorized under that subsection. 31 (cc) Adoptions. 32 (1) For an adoption.............................$65 33 (2) Upon good cause shown, the court may waive the 34 adoption filing fee in a special needs adoption. The HB3576 Engrossed -10- LRB9207669ARsb 1 term "special needs adoption" shall have the meaning 2 ascribed to it by the Illinois Department of Children and 3 Family Services. 4 (dd) Adoption exemptions. 5 No fee other than that set forth in subsection (cc) 6 shall be charged to any person in connection with an 7 adoption proceeding. 8 (ee) Additional Services. 9 Beginning July 1, 1993, the clerk of the circuit 10 court may provide such additional services for which 11 there is no fee specified by statute in connection with 12 the operation of the clerk's office as may be requested 13 by the public and agreed to by the public and by the 14 clerk and approved by the chief judge of the circuit 15 court. Any charges for additional services shall be as 16 agreed to between the clerk and the party making the 17 request and approved by the chief judge of the circuit 18 court. Nothing in this subsection shall be construed to 19 require any clerk to provide any service not otherwise 20 required by law. 21 (ff) Returned checks. 22 For each check delivered to the clerk that is not 23 honored on 2 occasions by the financial institution upon 24 which it is drawn because of insufficient funds in the 25 account, because the account is closed, because there is 26 no account, or because a stop payment has been placed on 27 the check, in addition to the amount already owed....$25. 28 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 29 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 30 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)