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92_HB5715 LRB9213767RCcd 1 AN ACT in relation to 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 Sections 27.2a and 27.3b and adding Section 27.3d as 6 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 -2- LRB9213767RCcd 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 (b) Forcible Entry and Detainer. 9 In each forcible entry and detainer case when the 10 plaintiff seeks possession only or unites with his or her 11 claim for possession of the property a claim for rent or 12 damages or both in the amount of $15,000 or less, $75. 13 When the plaintiff unites his or her claim for possession 14 with a claim for rent or damages or both exceeding 15 $15,000, $225. 16 (c) Counterclaim or Joining Third Party Defendant. 17 When any defendant files a counterclaim as part of 18 his or her answer or otherwise or joins another party as 19 a third party defendant, or both, the defendant shall pay 20 a fee for each counterclaim or third party action in an 21 amount equal to the fee he or she would have had to pay 22 had he or she brought a separate action for the relief 23 sought in the counterclaim or against the third party 24 defendant, less the amount of the appearance fee, if that 25 has been paid. 26 (d) Confession of Judgment. 27 In a confession of judgment when the amount does not 28 exceed $1500, $60. When the amount exceeds $1500, but 29 does not exceed $5000, $75. When the amount exceeds 30 $5000, but does not exceed $15,000, $175. When the amount 31 exceeds $15,000, $250. 32 (e) Appearance. 33 The fee for filing an appearance in each civil case 34 shall be $75, except as follows: -3- LRB9213767RCcd 1 (A) When the plaintiff in a forcible entry and 2 detainer case seeks possession only, $40. 3 (B) When the amount in the case does not 4 exceed $1500, $40. 5 (C) When that amount exceeds $1500 but does 6 not exceed $15,000, $60. 7 (f) Garnishment, Wage Deduction, and Citation. 8 In garnishment affidavit, wage deduction affidavit, 9 and citation petition when the amount does not exceed 10 $1,000, $15; when the amount exceeds $1,000 but does not 11 exceed $5,000, $30; and when the amount exceeds $5,000, 12 $50. 13 (g) Petition to Vacate or Modify. 14 (1) Petition to vacate or modify any final judgment 15 or order of court, except in forcible entry and detainer 16 cases and small claims cases or a petition to reopen an 17 estate, to modify, terminate, or enforce a judgment or 18 order for child or spousal support, or to modify, 19 suspend, or terminate an order for withholding, if filed 20 before 30 days after the entry of the judgment or order, 21 $50. If filed later than 30 days after the entry of the 22 judgment or order, $75. 23 (2) Petition to vacate or modify any final judgment 24 or order of court or a petition to reconsider a final 25 judgement or order of court, except a petition to modify, 26 terminate, or enforce a judgment or order for child or 27 spousal support or to modify, suspend, or terminate an 28 order for withholding, if filed later than 30 days after 29 the entry of the judgment or order, $75. 30 (3) Petition to vacate order of bond forfeiture, 31 $40. 32 (h) Mailing. 33 When the clerk is required to mail, the fee will be 34 $10, plus the cost of postage. -4- LRB9213767RCcd 1 (i) Certified Copies. 2 Each certified copy of a judgment after the first, 3 except in small claims and forcible entry and detainer 4 cases, $15. 5 (j) Habeas Corpus. 6 For filing a petition for relief by habeas corpus, 7 $125. 8 (k) Certification, Authentication, and Reproduction. 9 (1) Each certification or authentication for taking 10 the acknowledgment of a deed or other instrument in 11 writing with the seal of office, $6. 12 (2) Court appeals when original documents are 13 forwarded, under 100 pages, plus delivery and costs, $75. 14 (3) Court appeals when original documents are 15 forwarded, over 100 pages, plus delivery and costs, $150. 16 (4) Court appeals when original documents are 17 forwarded, over 200 pages, an additional fee of 25 cents 18 per page. 19 (5) For reproduction of any document contained in 20 the clerk's files: 21 (A) First page, $2. 22 (B) Next 19 pages, 50 cents per page. 23 (C) All remaining pages, 25 cents per page. 24 (l) Remands. 25 In any cases remanded to the Circuit Court from the 26 Supreme Court or the Appellate Court for a new trial, the 27 clerk shall file the remanding order and reinstate the 28 case with either its original number or a new number. 29 The Clerk shall not charge any new or additional fee for 30 the reinstatement. Upon reinstatement the Clerk shall 31 advise the parties of the reinstatement. A party shall 32 have the same right to a jury trial on remand and 33 reinstatement as he or she had before the appeal, and no 34 additional or new fee or charge shall be made for a jury -5- LRB9213767RCcd 1 trial after remand. 2 (m) Record Search. 3 For each record search, within a division or 4 municipal district, the clerk shall be entitled to a 5 search fee of $6 for each year searched. 6 (n) Hard Copy. 7 For each page of hard copy print output, when case 8 records are maintained on an automated medium, the clerk 9 shall be entitled to a fee of $6. 10 (o) Index Inquiry and Other Records. 11 No fee shall be charged for a single 12 plaintiff/defendant index inquiry or single case record 13 inquiry when this request is made in person and the 14 records are maintained in a current automated medium, and 15 when no hard copy print output is requested. The fees to 16 be charged for management records, multiple case records, 17 and multiple journal records may be specified by the 18 Chief Judge pursuant to the guidelines for access and 19 dissemination of information approved by the Supreme 20 Court. 21 (p) Commitment Petitions. 22 For filing commitment petitions under the Mental 23 Health and Developmental Disabilities Code, $50. 24 (q) Alias Summons. 25 For each alias summons or citation issued by the 26 clerk, $5. 27 (r) Other Fees. 28 Any fees not covered in this Section shall be set by 29 rule or administrative order of the Circuit Court with 30 the approval of the Administrative Office of the Illinois 31 Courts. 32 The clerk of the circuit court may provide 33 additional services for which there is no fee specified 34 by statute in connection with the operation of the -6- LRB9213767RCcd 1 clerk's office as may be requested by the public and 2 agreed to by the clerk and approved by the chief judge of 3 the circuit court. Any charges for additional services 4 shall be as agreed to between the clerk and the party 5 making the request and approved by the chief judge of the 6 circuit court. Nothing in this subsection shall be 7 construed to require any clerk to provide any service not 8 otherwise required by law. 9 (s) Jury Services. 10 The clerk shall be entitled to receive, in addition 11 to other fees allowed by law, the sum of $212.50, as a 12 fee for the services of a jury in every civil action not 13 quasi-criminal in its nature and not a proceeding for the 14 exercise of the right of eminent domain and in every 15 other action wherein the right of trial by jury is or may 16 be given by law. The jury fee shall be paid by the party 17 demanding a jury at the time of filing the jury demand. 18 If the fee is not paid by either party, no jury shall be 19 called in the action or proceeding, and the same shall be 20 tried by the court without a jury. 21 (t) Voluntary Assignment. 22 For filing each deed of voluntary assignment, $20; 23 for recording the same, 50¢ for each 100 words. 24 Exceptions filed to claims presented to an assignee of a 25 debtor who has made a voluntary assignment for the 26 benefit of creditors shall be considered and treated, for 27 the purpose of taxing costs therein, as actions in which 28 the party or parties filing the exceptions shall be 29 considered as party or parties plaintiff, and the 30 claimant or claimants as party or parties defendant, and 31 those parties respectively shall pay to the clerk the 32 same fees as provided by this Section to be paid in other 33 actions. 34 (u) Expungement Petition. -7- LRB9213767RCcd 1 The clerk shall be entitled to receive a fee of $60 2 for each expungement petition filed and an additional fee 3 of $4 for each certified copy of an order to expunge 4 arrest records. 5 (v) Probate. 6 The clerk is entitled to receive the fees specified in 7 this subsection (v), which shall be paid in advance, except 8 that, for good cause shown, the court may suspend, reduce, or 9 release the costs payable under this subsection: 10 (1) For administration of the estate of a decedent 11 (whether testate or intestate) or of a missing person, 12 $150, plus the fees specified in subsection (v)(3), 13 except: 14 (A) When the value of the real and personal 15 property does not exceed $15,000, the fee shall be 16 $40. 17 (B) When (i) proof of heirship alone is made, 18 (ii) a domestic or foreign will is admitted to 19 probate without administration (including proof of 20 heirship), or (iii) letters of office are issued for 21 a particular purpose without administration of the 22 estate, the fee shall be $40. 23 (2) For administration of the estate of a ward, 24 $75, plus the fees specified in subsection (v)(3), 25 except: 26 (A) When the value of the real and personal 27 property does not exceed $15,000, the fee shall be 28 $40. 29 (B) When (i) letters of office are issued to a 30 guardian of the person or persons, but not of the 31 estate or (ii) letters of office are issued in the 32 estate of a ward without administration of the 33 estate, including filing or joining in the filing of 34 a tax return or releasing a mortgage or consenting -8- LRB9213767RCcd 1 to the marriage of the ward, the fee shall be $20. 2 (3) In addition to the fees payable under 3 subsection (v)(1) or (v)(2) of this Section, the 4 following fees are payable: 5 (A) For each account (other than one final 6 account) filed in the estate of a decedent, or ward, 7 $25. 8 (B) For filing a claim in an estate when the 9 amount claimed is $150 or more but less than $500, 10 $20; when the amount claimed is $500 or more but 11 less than $10,000, $40; when the amount claimed is 12 $10,000 or more, $60; provided that the court in 13 allowing a claim may add to the amount allowed the 14 filing fee paid by the claimant. 15 (C) For filing in an estate a claim, petition, 16 or supplemental proceeding based upon an action 17 seeking equitable relief including the construction 18 or contest of a will, enforcement of a contract to 19 make a will, and proceedings involving testamentary 20 trusts or the appointment of testamentary trustees, 21 $60. 22 (D) For filing in an estate (i) the appearance 23 of any person for the purpose of consent or (ii) the 24 appearance of an executor, administrator, 25 administrator to collect, guardian, guardian ad 26 litem, or special administrator, no fee. 27 (E) Except as provided in subsection 28 (v)(3)(D), for filing the appearance of any person 29 or persons, $30. 30 (F) For each jury demand, $137.50. 31 (G) For disposition of the collection of a 32 judgment or settlement of an action or claim for 33 wrongful death of a decedent or of any cause of 34 action of a ward, when there is no other -9- LRB9213767RCcd 1 administration of the estate, $50, less any amount 2 paid under subsection (v)(1)(B) or (v)(2)(B) except 3 that if the amount involved does not exceed $5,000, 4 the fee, including any amount paid under subsection 5 (v)(1)(B) or (v)(2)(B), shall be $20. 6 (H) For each certified copy of letters of 7 office, of court order or other certification, $2, 8 plus $1 per page in excess of 3 pages for the 9 document certified. 10 (I) For each exemplification, $2, plus the fee 11 for certification. 12 (4) The executor, administrator, guardian, 13 petitioner, or other interested person or his or her 14 attorney shall pay the cost of publication by the clerk 15 directly to the newspaper. 16 (5) The person on whose behalf a charge is incurred 17 for witness, court reporter, appraiser, or other 18 miscellaneous fee shall pay the same directly to the 19 person entitled thereto. 20 (6) The executor, administrator, guardian, 21 petitioner, or other interested person or his or her 22 attorney shall pay to the clerk all postage charges 23 incurred by the clerk in mailing petitions, orders, 24 notices, or other documents pursuant to the provisions of 25 the Probate Act of 1975. 26 (w) Criminal and Quasi-Criminal Costs and Fees. 27 (1) The clerk shall be entitled to costs in all 28 criminal and quasi-criminal cases from each person 29 convicted or sentenced to supervision therein as follows: 30 (A) Felony complaints, $125. 31 (B) Misdemeanor complaints, $75. 32 (C) Business offense complaints, $75. 33 (D) Petty offense complaints, $75. 34 (E) Minor traffic or ordinance violations, -10- LRB9213767RCcd 1 $30. 2 (F) When court appearance required, $50. 3 (G) Motions to vacate or amend final orders, 4 $40. 5 (H) Motions to vacate bond forfeiture orders, 6 $30. 7 (I) Motions to vacate ex parte judgments, 8 whenever filed, $30. 9 (J) Motions to vacate judgment on forfeitures, 10 whenever filed, $25. 11 (K) Motions to vacate "failure to appear" or 12 "failure to comply" notices sent to the Secretary of 13 State, $40. 14 (2) In counties having a population of 3,000,000 or 15 more, when the violation complaint is issued by a 16 municipal police department, the clerk shall be entitled 17 to costs from each person convicted therein as follows: 18 (A) Minor traffic or ordinance violations, 19 $30. 20 (B) When court appearance required, $50. 21 (3) In ordinance violation cases punishable by fine 22 only, the clerk of the circuit court shall be entitled to 23 receive, unless the fee is excused upon a finding by the 24 court that the defendant is indigent, in addition to 25 other fees or costs allowed or imposed by law, the sum of 26 $112.50 as a fee for the services of a jury. The jury 27 fee shall be paid by the defendant at the time of filing 28 his or her jury demand. If the fee is not so paid by the 29 defendant, no jury shall be called, and the case shall be 30 tried by the 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 a new suit. -11- LRB9213767RCcd 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, $40. 8 (z) Tax objection complaints. 9 For each tax objection complaint containing one or 10 more tax objections, regardless of the number of parcels 11 involved or the number of taxpayers joining in the 12 complaint, $50. 13 (aa) Tax Deeds. 14 (1) Petition for tax deed, if only one parcel is 15 involved, $250. 16 (2) For each additional parcel, add a fee of $100. 17 (bb) Collections. 18 (1) For all collections made of others, except the 19 State and county and except in maintenance or child 20 support cases, a sum equal to 3.0% of the amount 21 collected and turned over. 22 (2) Interest earned on any funds held by the clerk 23 shall be turned over to the county general fund as an 24 earning of the office. 25 (3) For any check, draft, or other bank instrument 26 returned to the clerk for non-sufficient funds, account 27 closed, or payment stopped, $25. 28 (4) In child support and maintenance cases, the 29 clerk, if authorized by an ordinance of the county board, 30 may collect an annual fee of up to $36 from the person 31 making payment for maintaining child support records and 32 the processing of support orders to the State of Illinois 33 KIDS system and the recording of payments issued by the 34 State Disbursement Unit for the official record of the -12- LRB9213767RCcd 1 Court. This fee shall be in addition to and separate 2 from amounts ordered to be paid as maintenance or child 3 support and shall be deposited into a Separate 4 Maintenance and Child Support Collection Fund, of which 5 the clerk shall be the custodian, ex-officio, to be used 6 by the clerk to maintain child support orders and record 7 all payments issued by the State Disbursement Unit for 8 the official record of the Court. The clerk may recover 9 from the person making the maintenance or child support 10 payment any additional cost incurred in the collection of 11 this annual fee. 12 The clerk shall also be entitled to a fee of $5 for 13 certifications made to the Secretary of State as provided 14 in Section 7-703 of the Family Financial Responsibility 15 Law and these fees shall also be deposited into the 16 Separate Maintenance and Child Support Collection Fund. 17 (cc) Corrections of Numbers. 18 For correction of the case number, case title, or 19 attorney computer identification number, if required by 20 rule of court, on any document filed in the clerk's 21 office, to be charged against the party that filed the 22 document, $25. 23 (dd) Exceptions. 24 (1) The fee requirements of this Section shall not 25 apply to police departments or other law enforcement 26 agencies. In this Section, "law enforcement agency" 27 means an agency of the State or a unit of local 28 government which is vested by law or ordinance with the 29 duty to maintain public order and to enforce criminal 30 laws or ordinances. "Law enforcement agency" also means 31 the Attorney General or any state's attorney. 32 (2) No fee provided herein shall be charged to any 33 unit of local government or school district. The fee 34 requirements of this Section shall not apply to any -13- LRB9213767RCcd 1 action instituted under subsection (b) of Section 11-31-1 2 of the Illinois Municipal Code by a private owner or 3 tenant of real property within 1200 feet of a dangerous 4 or unsafe building seeking an order compelling the owner 5 or owners of the building to take any of the actions 6 authorized under that subsection. 7 (ee) Adoption. 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 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 19 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 20 6-13-00.) 21 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b) 22 Sec. 27.3b. The clerk of court may accept payment of 23 fines, penalties, or costs by credit card or debit card 24 approved by the clerk from an offender who has been convicted 25 of or placed on court supervision for a traffic offense, 26 petty offense, ordinance offense, or misdemeanor or who has 27 been convicted of a felony offense. The clerk of the court 28 may also accept payment of statutory fees by a credit card or 29 debit card. The clerk of the court may also accept the 30 credit card or debit card for the cash deposit of bail bond 31 fees
up to $300. 32 The Clerk of the circuit court is authorized to enter 33 into contracts with credit card or debit card companies -14- LRB9213767RCcd 1 approved by the clerk and to pay those companies fees 2 normally charged by those companies for allowing the clerk of 3 the circuit court to accept their credit cards or debit cards 4 in payment as authorized herein. Where the offender pays 5 fines, penalties, or costs by credit card or debit card, or 6 anyone paying statutory fees of the circuit court clerk or 7 the posting of cash bail, the clerk shall collect a service 8 fee of up to $5 or the amount charged to the clerk for use of 9 its services by the credit card or debit card issuer. This 10 service fee shall be in addition to any other fines, 11 penalties, or costs. 12 (Source: P.A. 91-733, eff. 1-1-01.) 13 (705 ILCS 105/27.3d new) 14 Sec. 27.3d. Document evidence storage system. 15 (a) The expense of establishing and maintaining a 16 document evidence storage system in the offices of the 17 circuit court clerks in the several counties of this State 18 shall be borne by the county. To defray the expense in any 19 county that elects to establish a document evidence storage 20 system and convert document evidence records of the circuit 21 court clerk to electronic or micrographic storage, the county 22 board may require the clerk of the circuit court in its 23 county to collect a court document evidence fee of not less 24 than $1 nor more than $5, to be charged and collected by the 25 clerk of the court. The fee shall be paid at the time of 26 filing the first pleading, paper, or other appearance filed 27 by each party in all civil cases or by the defendant in any 28 felony, misdemeanor, traffic, ordinance, or conservation 29 matter on a judgment of guilty or grant of supervision, 30 provided that the document evidence storage system is in 31 place or has been authorized by the county board and that no 32 additional fee shall be required if more than one party is 33 presented in a single pleading, paper, or other appearance. -15- LRB9213767RCcd 1 The fee shall be collected in the manner in which all other 2 fees or costs are collected. The court document evidence fee 3 provided in this subsection (a) shall not apply to any petty 4 offense moving violation written by a municipal police 5 department in a county having a population of more than 6 650,000 but less than 3,000,000 inhabitants whether written 7 under the Illinois Vehicle Code or under any municipal 8 ordinance. 9 (b) Each clerk shall commence charges and collections of 10 a court document evidence fee upon receipt of written notice 11 from the chairman of the county board together with a 12 certified copy of the board's resolution, which the clerk 13 shall file of record in his or her office. 14 (c) Court document evidence fees shall be in addition to 15 other fees and charges of the clerk, shall be assessable as 16 costs, and may be waived only if the judge specifically 17 provides for the waiver of the court document evidence 18 storage fee. The fees shall be remitted monthly by the clerk 19 to the county treasurer, to be retained by the treasurer in a 20 special fund designated as the Court Document Evidence 21 Storage Fund. The fund shall be audited by the county 22 auditor, and the board shall make expenditures from the fund 23 in payment of any costs relative to the storage of court 24 evidence provided that the expenditure is approved by the 25 clerk of the circuit court. 26 (d) A court document evidence fee shall not be charged 27 in any matter coming to the clerk on change of venue or in 28 any proceeding to review the decision of any administrative 29 officer, agency, or body.
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