94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1112

 

Introduced 02/08/05, by Rep. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.2   from Ch. 25, par. 27.2

    Amends the Clerks of Courts Act. Provides that for each additional taxpayer joining in a tax objection complaint, the fee shall be a minimum of $25 and a maximum of $50 (instead of one fee regardless of the number of taxpayers joining in the complaint).


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning 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 changing
5 Section 27.2 as follows:
 
6     (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
7     Sec. 27.2. The fees of the clerks of the circuit court in
8 all counties having a population in excess of 500,000
9 inhabitants but less than 3,000,000 inhabitants in the
10 instances described in this Section shall be as provided in
11 this Section. In those instances where a minimum and maximum
12 fee is stated, counties with more than 500,000 inhabitants but
13 less than 3,000,000 inhabitants must charge the minimum fee
14 listed in this Section and may charge up to the maximum fee if
15 the county board has by resolution increased the fee. In
16 addition, the minimum fees authorized in this Section shall
17 apply to all units of local government and school districts in
18 counties with more than 3,000,000 inhabitants. The fees shall
19 be paid in advance and shall be as follows:
20 (a) Civil Cases.
21         The fee for filing a complaint, petition, or other
22     pleading initiating a civil action, with the following
23     exceptions, shall be a minimum of $150 and a maximum of
24     $190.
25             (A) When the amount of money or damages or the
26         value of personal property claimed does not exceed
27         $250, a minimum of $10 and a maximum of $15.
28             (B) When that amount exceeds $250 but does not
29         exceed $1,000, a minimum of $20 and a maximum of $40.
30             (C) When that amount exceeds $1,000 but does not
31         exceed $2500, a minimum of $30 and a maximum of $50.
32             (D) When that amount exceeds $2500 but does not

 

 

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1         exceed $5,000, a minimum of $75 and a maximum of $100.
2             (D-5) When the amount exceeds $5,000 but does not
3         exceed $15,000, a minimum of $75 and a maximum of $150.
4             (E) For the exercise of eminent domain, $150. For
5         each additional lot or tract of land or right or
6         interest therein subject to be condemned, the damages
7         in respect to which shall require separate assessment
8         by a jury, $150.
9             (F) No fees shall be charged by the clerk to a
10         petitioner in any order of protection including, but
11         not limited to, filing, modifying, withdrawing,
12         certifying, or photocopying petitions for orders of
13         protection, or for issuing alias summons, or for any
14         related filing service, certifying, modifying,
15         vacating, or photocopying any orders of protection.
16 (b) Forcible Entry and Detainer.
17         In each forcible entry and detainer case when the
18     plaintiff seeks possession only or unites with his or her
19     claim for possession of the property a claim for rent or
20     damages or both in the amount of $15,000 or less, a minimum
21     of $40 and a maximum of $75. When the plaintiff unites his
22     or her claim for possession with a claim for rent or
23     damages or both exceeding $15,000, a minimum of $150 and a
24     maximum of $225.
25 (c) Counterclaim or Joining Third Party Defendant.
26         When any defendant files a counterclaim as part of his
27     or her answer or otherwise or joins another party as a
28     third party defendant, or both, the defendant shall pay a
29     fee for each counterclaim or third party action in an
30     amount equal to the fee he or she would have had to pay had
31     he or she brought a separate action for the relief sought
32     in the counterclaim or against the third party defendant,
33     less the amount of the appearance fee, if that has been
34     paid.
35 (d) Confession of Judgment.
36         In a confession of judgment when the amount does not

 

 

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1     exceed $1500, a minimum of $50 and a maximum of $60. When
2     the amount exceeds $1500, but does not exceed $5,000, $75.
3     When the amount exceeds $5,000, but does not exceed
4     $15,000, $175. When the amount exceeds $15,000, a minimum
5     of $200 and a maximum of $250.
6 (e) Appearance.
7         The fee for filing an appearance in each civil case
8     shall be a minimum of $50 and a maximum of $75, except as
9     follows:
10             (A) When the plaintiff in a forcible entry and
11         detainer case seeks possession only, a minimum of $20
12         and a maximum of $40.
13             (B) When the amount in the case does not exceed
14         $1500, a minimum of $20 and a maximum of $40.
15             (C) When the amount in the case exceeds $1500 but
16         does not exceed $15,000, a minimum of $40 and a maximum
17         of $60.
18 (f) Garnishment, Wage Deduction, and Citation.
19         In garnishment affidavit, wage deduction affidavit,
20     and citation petition when the amount does not exceed
21     $1,000, a minimum of $10 and a maximum of $15; when the
22     amount exceeds $1,000 but does not exceed $5,000, a minimum
23     of $20 and a maximum of $30; and when the amount exceeds
24     $5,000, a minimum of $30 and a maximum of $50.
25 (g) Petition to Vacate or Modify.
26         (1) Petition to vacate or modify any final judgment or
27     order of court, except in forcible entry and detainer cases
28     and small claims cases or a petition to reopen an estate,
29     to modify, terminate, or enforce a judgment or order for
30     child or spousal support, or to modify, suspend, or
31     terminate an order for withholding, if filed before 30 days
32     after the entry of the judgment or order, a minimum of $40
33     and a maximum of $50.
34         (2) Petition to vacate or modify any final judgment or
35     order of court, except a petition to modify, terminate, or
36     enforce a judgment or order for child or spousal support or

 

 

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1     to modify, suspend, or terminate an order for withholding,
2     if filed later than 30 days after the entry of the judgment
3     or order, a minimum of $60 and a maximum of $75.
4         (3) Petition to vacate order of bond forfeiture, a
5     minimum of $20 and a maximum of $40.
6 (h) Mailing.
7         When the clerk is required to mail, the fee will be a
8     minimum of $6 and a maximum of $10, plus the cost of
9     postage.
10 (i) Certified Copies.
11         Each certified copy of a judgment after the first,
12     except in small claims and forcible entry and detainer
13     cases, a minimum of $10 and a maximum of $15.
14 (j) Habeas Corpus.
15         For filing a petition for relief by habeas corpus, a
16     minimum of $80 and a maximum of $125.
17 (k) Certification, Authentication, and Reproduction.
18         (1) Each certification or authentication for taking
19     the acknowledgment of a deed or other instrument in writing
20     with the seal of office, a minimum of $4 and a maximum of
21     $6.
22         (2) Court appeals when original documents are
23     forwarded, under 100 pages, plus delivery and costs, a
24     minimum of $50 and a maximum of $75.
25         (3) Court appeals when original documents are
26     forwarded, over 100 pages, plus delivery and costs, a
27     minimum of $120 and a maximum of $150.
28         (4) Court appeals when original documents are
29     forwarded, over 200 pages, an additional fee of a minimum
30     of 20 and a maximum of 25 cents per page.
31         (5) For reproduction of any document contained in the
32     clerk's files:
33             (A) First page, $2.
34             (B) Next 19 pages, 50 cents per page.
35             (C) All remaining pages, 25 cents per page.
36 (l) Remands.

 

 

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1         In any cases remanded to the Circuit Court from the
2     Supreme Court or the Appellate Court for a new trial, the
3     clerk shall file the remanding order and reinstate the case
4     with either its original number or a new number. The Clerk
5     shall not charge any new or additional fee for the
6     reinstatement. Upon reinstatement the Clerk shall advise
7     the parties of the reinstatement. A party shall have the
8     same right to a jury trial on remand and reinstatement as
9     he or she had before the appeal, and no additional or new
10     fee or charge shall be made for a jury trial after remand.
11 (m) Record Search.
12         For each record search, within a division or municipal
13     district, the clerk shall be entitled to a search fee of a
14     minimum of $4 and a maximum of $6 for each year searched.
15 (n) Hard Copy.
16         For each page of hard copy print output, when case
17     records are maintained on an automated medium, the clerk
18     shall be entitled to a fee of a minimum of $4 and a maximum
19     of $6.
20 (o) Index Inquiry and Other Records.
21         No fee shall be charged for a single
22     plaintiff/defendant index inquiry or single case record
23     inquiry when this request is made in person and the records
24     are maintained in a current automated medium, and when no
25     hard copy print output is requested. The fees to be charged
26     for management records, multiple case records, and
27     multiple journal records may be specified by the Chief
28     Judge pursuant to the guidelines for access and
29     dissemination of information approved by the Supreme
30     Court.
31 (p) (Blank).
32 (q) Alias Summons.
33         For each alias summons or citation issued by the clerk,
34     a minimum of $4 and a maximum of $5.
35 (r) Other Fees.
36         Any fees not covered in this Section shall be set by

 

 

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1     rule or administrative order of the Circuit Court with the
2     approval of the Administrative Office of the Illinois
3     Courts.
4         The clerk of the circuit court may provide additional
5     services for which there is no fee specified by statute in
6     connection with the operation of the clerk's office as may
7     be requested by the public and agreed to by the clerk and
8     approved by the chief judge of the circuit court. Any
9     charges for additional services shall be as agreed to
10     between the clerk and the party making the request and
11     approved by the chief judge of the circuit court. Nothing
12     in this subsection shall be construed to require any clerk
13     to provide any service not otherwise required by law.
14 (s) Jury Services.
15         The clerk shall be entitled to receive, in addition to
16     other fees allowed by law, the sum of a minimum of $192.50
17     and a maximum of $212.50, as a fee for the services of a
18     jury in every civil action not quasi-criminal in its nature
19     and not a proceeding for the exercise of the right of
20     eminent domain and in every other action wherein the right
21     of trial by jury is or may be given by law. The jury fee
22     shall be paid by the party demanding a jury at the time of
23     filing the jury demand. If the fee is not paid by either
24     party, no jury shall be called in the action or proceeding,
25     and the same shall be tried by the court without a jury.
26 (t) Voluntary Assignment.
27         For filing each deed of voluntary assignment, a minimum
28     of $10 and a maximum of $20; for recording the same, a
29     minimum of 25¢ and a maximum of 50¢ for each 100 words.
30     Exceptions filed to claims presented to an assignee of a
31     debtor who has made a voluntary assignment for the benefit
32     of creditors shall be considered and treated, for the
33     purpose of taxing costs therein, as actions in which the
34     party or parties filing the exceptions shall be considered
35     as party or parties plaintiff, and the claimant or
36     claimants as party or parties defendant, and those parties

 

 

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1     respectively shall pay to the clerk the same fees as
2     provided by this Section to be paid in other actions.
3 (u) Expungement Petition.
4         The clerk shall be entitled to receive a fee of a
5     minimum of $30 and a maximum of $60 for each expungement
6     petition filed and an additional fee of a minimum of $2 and
7     a maximum of $4 for each certified copy of an order to
8     expunge arrest records.
9 (v) Probate.
10         The clerk is entitled to receive the fees specified in
11     this subsection (v), which shall be paid in advance, except
12     that, for good cause shown, the court may suspend, reduce,
13     or release the costs payable under this subsection:
14         (1) For administration of the estate of a decedent
15     (whether testate or intestate) or of a missing person, a
16     minimum of $100 and a maximum of $150, plus the fees
17     specified in subsection (v)(3), except:
18             (A) When the value of the real and personal
19         property does not exceed $15,000, the fee shall be a
20         minimum of $25 and a maximum of $40.
21             (B) When (i) proof of heirship alone is made, (ii)
22         a domestic or foreign will is admitted to probate
23         without administration (including proof of heirship),
24         or (iii) letters of office are issued for a particular
25         purpose without administration of the estate, the fee
26         shall be a minimum of $25 and a maximum of $40.
27         (2) For administration of the estate of a ward, a
28     minimum of $50 and a maximum of $75, plus the fees
29     specified in subsection (v)(3), except:
30             (A) When the value of the real and personal
31         property does not exceed $15,000, the fee shall be a
32         minimum of $25 and a maximum of $40.
33             (B) When (i) letters of office are issued to a
34         guardian of the person or persons, but not of the
35         estate or (ii) letters of office are issued in the
36         estate of a ward without administration of the estate,

 

 

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1         including filing or joining in the filing of a tax
2         return or releasing a mortgage or consenting to the
3         marriage of the ward, the fee shall be a minimum of $10
4         and a maximum of $20.
5         (3) In addition to the fees payable under subsection
6     (v)(1) or (v)(2) of this Section, the following fees are
7     payable:
8             (A) For each account (other than one final account)
9         filed in the estate of a decedent, or ward, a minimum
10         of $15 and a maximum of $25.
11             (B) For filing a claim in an estate when the amount
12         claimed is $150 or more but less than $500, a minimum
13         of $10 and a maximum of $20; when the amount claimed is
14         $500 or more but less than $10,000, a minimum of $25
15         and a maximum of $40; when the amount claimed is
16         $10,000 or more, a minimum of $40 and a maximum of $60;
17         provided that the court in allowing a claim may add to
18         the amount allowed the filing fee paid by the claimant.
19             (C) For filing in an estate a claim, petition, or
20         supplemental proceeding based upon an action seeking
21         equitable relief including the construction or contest
22         of a will, enforcement of a contract to make a will,
23         and proceedings involving testamentary trusts or the
24         appointment of testamentary trustees, a minimum of $40
25         and a maximum of $60.
26             (D) For filing in an estate (i) the appearance of
27         any person for the purpose of consent or (ii) the
28         appearance of an executor, administrator,
29         administrator to collect, guardian, guardian ad litem,
30         or special administrator, no fee.
31             (E) Except as provided in subsection (v)(3)(D),
32         for filing the appearance of any person or persons, a
33         minimum of $10 and a maximum of $30.
34             (F) For each jury demand, a minimum of $102.50 and
35         a maximum of $137.50.
36             (G) For disposition of the collection of a judgment

 

 

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1         or settlement of an action or claim for wrongful death
2         of a decedent or of any cause of action of a ward, when
3         there is no other administration of the estate, a
4         minimum of $30 and a maximum of $50, less any amount
5         paid under subsection (v)(1)(B) or (v)(2)(B) except
6         that if the amount involved does not exceed $5,000, the
7         fee, including any amount paid under subsection
8         (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
9         maximum of $20.
10             (H) For each certified copy of letters of office,
11         of court order or other certification, a minimum of $1
12         and a maximum of $2, plus a minimum of 50¢ and a
13         maximum of $1 per page in excess of 3 pages for the
14         document certified.
15             (I) For each exemplification, a minimum of $1 and a
16         maximum of $2, plus the fee for certification.
17         (4) The executor, administrator, guardian, petitioner,
18     or other interested person or his or her attorney shall pay
19     the cost of publication by the clerk directly to the
20     newspaper.
21         (5) The person on whose behalf a charge is incurred for
22     witness, court reporter, appraiser, or other miscellaneous
23     fee shall pay the same directly to the person entitled
24     thereto.
25         (6) The executor, administrator, guardian, petitioner,
26     or other interested person or his attorney shall pay to the
27     clerk all postage charges incurred by the clerk in mailing
28     petitions, orders, notices, or other documents pursuant to
29     the provisions of the Probate Act of 1975.
30 (w) Criminal and Quasi-Criminal Costs and Fees.
31         (1) The clerk shall be entitled to costs in all
32     criminal and quasi-criminal cases from each person
33     convicted or sentenced to supervision therein as follows:
34             (A) Felony complaints, a minimum of $80 and a
35         maximum of $125.
36             (B) Misdemeanor complaints, a minimum of $50 and a

 

 

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1         maximum of $75.
2             (C) Business offense complaints, a minimum of $50
3         and a maximum of $75.
4             (D) Petty offense complaints, a minimum of $50 and
5         a maximum of $75.
6             (E) Minor traffic or ordinance violations, $20.
7             (F) When court appearance required, $30.
8             (G) Motions to vacate or amend final orders, a
9         minimum of $20 and a maximum of $40.
10             (H) Motions to vacate bond forfeiture orders, a
11         minimum of $20 and a maximum of $30.
12             (I) Motions to vacate ex parte judgments, whenever
13         filed, a minimum of $20 and a maximum of $30.
14             (J) Motions to vacate judgment on forfeitures,
15         whenever filed, a minimum of $20 and a maximum of $25.
16             (K) Motions to vacate "failure to appear" or
17         "failure to comply" notices sent to the Secretary of
18         State, a minimum of $20 and a maximum of $40.
19         (2) In counties having a population of more than
20     500,000 but fewer than 3,000,000 inhabitants, when the
21     violation complaint is issued by a municipal police
22     department, the clerk shall be entitled to costs from each
23     person convicted therein as follows:
24             (A) Minor traffic or ordinance violations, $10.
25             (B) When court appearance required, $15.
26         (3) In ordinance violation cases punishable by fine
27     only, the clerk of the circuit court shall be entitled to
28     receive, unless the fee is excused upon a finding by the
29     court that the defendant is indigent, in addition to other
30     fees or costs allowed or imposed by law, the sum of a
31     minimum of $50 and a maximum of $112.50 as a fee for the
32     services of a jury. The jury fee shall be paid by the
33     defendant at the time of filing his or her jury demand. If
34     the fee is not so paid by the defendant, no jury shall be
35     called, and the case shall be tried by the court without a
36     jury.

 

 

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1 (x) Transcripts of Judgment.
2         For the filing of a transcript of judgment, the clerk
3     shall be entitled to the same fee as if it were the
4     commencement of new suit.
5 (y) Change of Venue.
6         (1) For the filing of a change of case on a change of
7     venue, the clerk shall be entitled to the same fee as if it
8     were the commencement of a new suit.
9         (2) The fee for the preparation and certification of a
10     record on a change of venue to another jurisdiction, when
11     original documents are forwarded, a minimum of $25 and a
12     maximum of $40.
13 (z) Tax objection complaints.
14         For each tax objection complaint containing one or more
15     tax objections, regardless of the number of parcels
16     involved or the number of taxpayers joining in the
17     complaint, a minimum of $25 and a maximum of $50. For each
18     additional taxpayer joining in the complaint, a minimum of
19     $25 and a maximum of $50, each.
20 (aa) Tax Deeds.
21         (1) Petition for tax deed, if only one parcel is
22     involved, a minimum of $150 and a maximum of $250.
23         (2) For each additional parcel, add a fee of a minimum
24     of $50 and a maximum of $100.
25 (bb) Collections.
26         (1) For all collections made of others, except the
27     State and county and except in maintenance or child support
28     cases, a sum equal to a minimum of 2.5% and a maximum of
29     3.0% of the amount collected and turned over.
30         (2) Interest earned on any funds held by the clerk
31     shall be turned over to the county general fund as an
32     earning of the office.
33         (3) For any check, draft, or other bank instrument
34     returned to the clerk for non-sufficient funds, account
35     closed, or payment stopped, $25.
36         (4) In child support and maintenance cases, the clerk,

 

 

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1     if authorized by an ordinance of the county board, may
2     collect an annual fee of up to $36 from the person making
3     payment for maintaining child support records and the
4     processing of support orders to the State of Illinois KIDS
5     system and the recording of payments issued by the State
6     Disbursement Unit for the official record of the Court.
7     This fee shall be in addition to and separate from amounts
8     ordered to be paid as maintenance or child support and
9     shall be deposited into a Separate Maintenance and Child
10     Support Collection Fund, of which the clerk shall be the
11     custodian, ex-officio, to be used by the clerk to maintain
12     child support orders and record all payments issued by the
13     State Disbursement Unit for the official record of the
14     Court. The clerk may recover from the person making the
15     maintenance or child support payment any additional cost
16     incurred in the collection of this annual fee.
17         The clerk shall also be entitled to a fee of $5 for
18     certifications made to the Secretary of State as provided
19     in Section 7-703 of the Family Financial Responsibility Law
20     and these fees shall also be deposited into the Separate
21     Maintenance and Child Support Collection Fund.
22 (cc) Corrections of Numbers.
23         For correction of the case number, case title, or
24     attorney computer identification number, if required by
25     rule of court, on any document filed in the clerk's office,
26     to be charged against the party that filed the document, a
27     minimum of $15 and a maximum of $25.
28 (dd) Exceptions.
29         The fee requirements of this Section shall not apply to
30     police departments or other law enforcement agencies. In
31     this Section, "law enforcement agency" means an agency of
32     the State or a unit of local government which is vested by
33     law or ordinance with the duty to maintain public order and
34     to enforce criminal laws or ordinances. "Law enforcement
35     agency" also means the Attorney General or any state's
36     attorney. The fee requirements of this Section shall not

 

 

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1     apply to any action instituted under subsection (b) of
2     Section 11-31-1 of the Illinois Municipal Code by a private
3     owner or tenant of real property within 1200 feet of a
4     dangerous or unsafe building seeking an order compelling
5     the owner or owners of the building to take any of the
6     actions authorized under that subsection.
7         The fee requirements of this Section shall not apply to
8     the filing of any commitment petition or petition for an
9     order authorizing the administration of authorized
10     involuntary treatment in the form of medication under the
11     Mental Health and Developmental Disabilities Code.
12 (ee) Adoptions.
13         (1) For an adoption...................................$65
14         (2) Upon good cause shown, the court may waive the
15     adoption filing fee in a special needs adoption. The term
16     "special needs adoption" shall have the meaning ascribed to
17     it by the Illinois Department of Children and Family
18     Services.
19 (ff) Adoption exemptions.
20         No fee other than that set forth in subsection (ee)
21     shall be charged to any person in connection with an
22     adoption proceeding nor may any fee be charged for
23     proceedings for the appointment of a confidential
24     intermediary under the Adoption Act.
25 (gg) Unpaid fees.
26         Unless a court ordered payment schedule is implemented
27     or the fee requirements of this Section are waived pursuant
28     to court order, the clerk of the court may add to any
29     unpaid fees and costs under this Section a delinquency
30     amount equal to 5% of the unpaid fees that remain unpaid
31     after 30 days, 10% of the unpaid fees that remain unpaid
32     after 60 days, and 15% of the unpaid fees that remain
33     unpaid after 90 days. Notice to those parties may be made
34     by signage posting or publication. The additional
35     delinquency amounts collected under this Section shall be
36     used to defray additional administrative costs incurred by

 

 

HB1112 - 14 - LRB094 05995 LCB 36052 b

1     the clerk of the circuit court in collecting unpaid fees
2     and costs.
3 (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385,
4 eff. 7-25-03; 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)