State of Illinois
90th General Assembly
Legislation

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[ Engrossed ]

90_HB1256

      705 ILCS 105/27.1a        from Ch. 25, par. 27.1a
      705 ILCS 105/27.1 rep.
          Amends the Clerks of Courts Act.  Includes circuit clerks
      of counties with not more than 180,000 inhabitants within the
      fee provisions of circuit clerks of counties  with  not  more
      than 650,000 inhabitants (now more than 180,000, but not more
      than 650,000 inhabitants).  Effective January 1, 1998.
                                                     LRB9001162PTcc
                                               LRB9001162PTcc
 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 27.1a as follows:
 6        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
 7        Sec.  27.1a.  The fees of the clerks of the circuit court
 8    in all counties having a population in excess of 180,000  but
 9    not  more than 650,000 inhabitants in the instances described
10    in this Section shall be as provided in  this  Section.   The
11    fees shall be paid 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 $150.
16                  (A)  When the amount of money or damages or the
17             value  of  personal property claimed does not exceed
18             $250, $10.
19                  (B)  When that amount exceeds $250 but does not
20             exceed $500, $20.
21                  (C)  When that amount exceeds $500 but does not
22             exceed $2500, $30.
23                  (D)  When that amount exceeds  $2500  but  does
24             not exceed $15,000, $75.
25                  (E)  For  the exercise of eminent domain, $150.
26             For each additional lot or tract of land or right or
27             interest  therein  subject  to  be  condemned,   the
28             damages  in  respect to which shall require separate
29             assessment by a jury, $150.
30    (a-1)  Family.
31             For filing a petition under the Juvenile  Court  Act
                            -2-                LRB9001162PTcc
 1        of 1987, $25.
 2             For filing a petition for a marriage license, $10.
 3             For performing a marriage in court, $10.
 4             For  filing  a petition under the Illinois Parentage
 5        Act of 1984, $40.
 6    (b)  Forcible Entry and Detainer.
 7             In each forcible entry and detainer  case  when  the
 8        plaintiff seeks possession only or unites with his or her
 9        claim  for possession of the property a claim for rent or
10        damages or both in the amount of $15,000  or  less,  $40.
11        When the plaintiff unites his or her claim for possession
12        with  a  claim  for  rent  or  damages  or both exceeding
13        $15,000, $150.
14    (c)  Counterclaim or Joining Third Party Defendant.
15             When any defendant files a counterclaim as  part  of
16        his  or her answer or otherwise or joins another party as
17        a third party defendant, or both, the defendant shall pay
18        a fee for each counterclaim or third party action  in  an
19        amount  equal  to the fee he or she would have had to pay
20        had he or she brought a separate action  for  the  relief
21        sought  in  the  counterclaim  or against the third party
22        defendant, less the amount of the appearance fee, if that
23        has been paid.
24    (d)  Confession of Judgment.
25             In a confession of judgment when the amount does not
26        exceed $1500, $50. When the  amount  exceeds  $1500,  but
27        does  not  exceed  $15,000, $115. When the amount exceeds
28        $15,000, $200.
29    (e)  Appearance.
30             The fee for filing an appearance in each civil  case
31        shall be $50, except as follows:
32                  (A)  When the plaintiff in a forcible entry and
33             detainer case seeks possession only, $20.
34                  (B)  When  the  amount  in  the  case  does not
                            -3-                LRB9001162PTcc
 1             exceed $1500, $20.
 2                  (C)  When that amount exceeds  $1500  but  does
 3             not exceed $15,000, $40.
 4    (f)  Garnishment, Wage Deduction, and Citation.
 5             In  garnishment affidavit, wage deduction affidavit,
 6        and citation petition when the  amount  does  not  exceed
 7        $1,000,  $10; when the amount exceeds $1,000 but does not
 8        exceed $5,000, $20; and when the amount  exceeds  $5,000,
 9        $30.
10    (g)  Petition to Vacate or Modify.
11             (1)  Petition to vacate or modify any final judgment
12        or  order of court, except in forcible entry and detainer
13        cases and small claims cases or a petition to  reopen  an
14        estate,  to  modify,  terminate, or enforce a judgment or
15        order  for  child  or  spousal  support,  or  to  modify,
16        suspend, or terminate an order for withholding, if  filed
17        before  30 days after the entry of the judgment or order,
18        $40.
19             (2)  Petition to vacate or modify any final judgment
20        or  order  of  court,  except  a  petition   to   modify,
21        terminate,  or  enforce  a judgment or order for child or
22        spousal support or to modify, suspend,  or  terminate  an
23        order  for withholding, if filed later than 30 days after
24        the entry of the judgment or order, $60.
25             (3)  Petition to vacate order  of  bond  forfeiture,
26        $20.
27    (h)  Mailing.
28             When  the clerk is required to mail, the fee will be
29        $6, plus the cost of postage.
30    (i)  Certified Copies.
31             Each certified copy of a judgment after  the  first,
32        except  in  small  claims and forcible entry and detainer
33        cases, $10.
34    (j)  Habeas Corpus.
                            -4-                LRB9001162PTcc
 1             For filing a petition for relief by  habeas  corpus,
 2        $80.
 3    (k)  Certification, Authentication, and Reproduction.
 4             (1)  Each certification or authentication for taking
 5        the  acknowledgment  of  a  deed  or  other instrument in
 6        writing with the seal of office, $4.
 7             (2)  Court  appeals  when  original  documents   are
 8        forwarded, under 100 pages, plus delivery and costs, $50.
 9             (3)  Court   appeals  when  original  documents  are
10        forwarded, over 100 pages, plus delivery and costs, $120.
11             (4)  Court  appeals  when  original  documents   are
12        forwarded,  over 200 pages, an additional fee of 20 cents
13        per page.
14             (5)  For reproduction of any document  contained  in
15        the clerk's files:
16                  (A)  First page, $2.
17                  (B)  Next 19 pages, 50 cents per page.
18                  (C)  All remaining pages, 25 cents per page.
19    (l)  Remands.
20             In any cases remanded to the Circuit Court  from the
21        Supreme Court or the Appellate Court for a new trial, the
22        clerk  shall  file  the remanding order and reinstate the
23        case with either its original number or a new number. The
24        Clerk shall not charge any new or additional fee for  the
25        reinstatement.  Upon reinstatement the Clerk shall advise
26        the parties of the reinstatement.  A party shall have the
27        same right to a jury trial on remand and reinstatement as
28        he or she had before the appeal, and no additional or new
29        fee  or  charge  shall  be  made  for  a jury trial after
30        remand.
31    (m)  Record Search.
32             For  each  record  search,  within  a  division   or
33        municipal  district,  the  clerk  shall  be entitled to a
34        search fee of $4 for each year searched.
                            -5-                LRB9001162PTcc
 1    (n)  Hard Copy.
 2             For each page of hard copy print output,  when  case
 3        records  are maintained on an automated medium, the clerk
 4        shall be entitled to a fee of $4.
 5    (o)  Index Inquiry and Other Records.
 6             No   fee   shall   be   charged   for    a    single
 7        plaintiff/defendant  index  inquiry or single case record
 8        inquiry when this request  is  made  in  person  and  the
 9        records are maintained in a current automated medium, and
10        when no hard copy print output is requested.  The fees to
11        be charged for management records, multiple case records,
12        and  multiple  journal  records  may  be specified by the
13        Chief Judge pursuant to the  guidelines  for  access  and
14        dissemination  of  information  approved  by  the Supreme
15        Court.
16    (p)  Commitment Petitions.
17             For filing commitment  petitions  under  the  Mental
18        Health and Developmental Disabilities Code and for filing
19        a  transcript  of  commitment proceedings held in another
20        county, $25.
21    (q)  Alias Summons.
22             For each alias summons or  citation  issued  by  the
23        clerk, $4.
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-                LRB9001162PTcc
 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 $180, as  a  fee
 9        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, $10;
20        for  recording  the  same,  25¢  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  $30
33        for each expungement petition filed and an additional fee
34        of  $2  for   each  certified copy of an order to expunge
                            -7-                LRB9001162PTcc
 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        $100, 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             $25.
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 $25.
20             (2)  For  administration  of  the  estate of a ward,
21        $50,  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             $25.
26                  (B)  When (i) letters of office are issued to a
27             guardian of the person, but not  of  the  estate  or
28             (ii) letters of office are issued in the estate of a
29             ward without administration of the estate, including
30             filing  or  joining in the filing of a tax return or
31             releasing a mortgage or consenting to  the  marriage
32             of the ward, the fee shall be $10.
33             (3)  In   addition   to   the   fees  payable  under
34        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
                            -8-                LRB9001162PTcc
 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             $15.
 5                  (B)  For filing a claim in an estate  when  the
 6             amount  claimed  is $150 or more but less than $500,
 7             $10; when the amount claimed is  $500  or  more  but
 8             less  than  $10,000, $25; when the amount claimed is
 9             $10,000 or more, $40; 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             $40.
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, $10.
27                  (F)  For each jury demand, $90.
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, $30, 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-                LRB9001162PTcc
 1             the  fee, including any amount paid under subsection
 2             (v)(1)(B) or (v)(2)(B), shall be $10.
 3                  (H)  For each  certified  copy  of  letters  of
 4             office,  of  court order or other certification, $1,
 5             plus 50¢ per page in  excess  of  3  pages  for  the
 6             document certified.
 7                  (I)  For each exemplification, $1, 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, $80.
28                  (B)  Misdemeanor complaints, $50.
29                  (C)  Business offense complaints, $50.
30                  (D)  Petty offense complaints, $50.
31                  (E)  Minor  traffic  or  ordinance  violations,
32             $20.
33                  (F)  When court appearance required, $30.
34                  (G)  Motions to vacate or amend  final  orders,
                            -10-               LRB9001162PTcc
 1             $20.
 2                  (H)  Motions  to vacate bond forfeiture orders,
 3             $20.
 4                  (I)  Motions  to  vacate  ex  parte  judgments,
 5             whenever filed, $20.
 6                  (J)  Motions to vacate judgment on forfeitures,
 7             whenever filed, $20.
 8                  (K)  Motions to vacate "failure to  appear"  or
 9             "failure to comply" notices sent to the Secretary of
10             State, $20.
11             (2)  In  counties  having  a population in excess of
12        180,000 but not more than 650,000 inhabitants,  when  the
13        violation  complaint  is  issued  by  a  municipal police
14        department, the clerk shall be  entitled  to  costs  from
15        each person convicted therein as follows:
16                  (A)  Minor  traffic  or  ordinance  violations,
17             $10.
18                  (B)  When court appearance required, $15.
19             (3)  In ordinance violation cases punishable by fine
20        only, the clerk of the circuit court shall be entitled to
21        receive,  unless the fee is excused upon a finding by the
22        court that the defendant  is  indigent,  in  addition  to
23        other fees or costs allowed or imposed by law, the sum of
24        $50  as  a  fee for the services of a jury.  The jury fee
25        shall be paid by the defendant at the time of filing  his
26        or  her  jury  demand.   If the fee is not so paid by the
27        defendant, no jury shall be called, and the case shall be
28        tried by the court without a jury.
29    (x)  Transcripts of Judgment.
30             For the filing of  a  transcript  of  judgment,  the
31        clerk shall be entitled to the same fee as if it were the
32        commencement of a new suit.
33    (y)  Change of Venue.
34             (1)  For  the filing of a change of case on a change
                            -11-               LRB9001162PTcc
 1        of venue, the clerk shall be entitled to the same fee  as
 2        if it were the commencement of a new suit.
 3             (2)  The  fee  for the preparation and certification
 4        of a record on a change of venue to another jurisdiction,
 5        when original documents are forwarded, $25.
 6    (z)  Tax objection complaints.
 7             For each tax objection complaint containing  one  or
 8        more  tax objections, regardless of the number of parcels
 9        involved or  the  number  of  taxpayers  joining  on  the
10        complaint, $25.
11    (aa)  Tax Deeds.
12             (1)  Petition  for  tax  deed, if only one parcel is
13        involved, $150.
14             (2)  For each additional parcel, add a fee of $50.
15    (bb)  Collections.
16             (1)  For all collections made of others, except  the
17        State  and  county  and  except  in  maintenance or child
18        support  cases,  a  sum  equal  to  2.5%  of  the  amount
19        collected and turned over.
20             (2)  Interest earned on any funds held by the  clerk
21        shall  be  turned  over  to the county general fund as an
22        earning of the office.
23             (3)  For any check, draft, or other bank  instrument
24        returned  to  the clerk for non-sufficient funds, account
25        closed, or payment stopped, $25.
26             (4)  In child support  and  maintenance  cases,  the
27        clerk, if authorized by an ordinance of the county board,
28        may  collect  an  annual fee of up to $36 from the person
29        making  payment  for  administering  the  collection  and
30        distribution of maintenance and child  support  payments.
31        This  fee  shall  be  in  addition  to  and separate from
32        amounts ordered  to  be  paid  as  maintenance  or  child
33        support   and   shall   be   deposited  into  a  Separate
34        Maintenance and Child Support Collection Fund,  of  which
                            -12-               LRB9001162PTcc
 1        the  clerk shall be the custodian, ex-officio, to be used
 2        by the clerk to further maintenance and child supports in
 3        his or her office.
 4             The Clerk shall also be entitled to a fee of $5  for
 5        certifications made to the Secretary of State as provided
 6        in  Section  7-703 of the Family Financial Responsibility
 7        Law and these fees  shall  also  be  deposited  into  the
 8        Separate Maintenance and Child Support Collection Fund.
 9    (cc)  Corrections of Numbers.
10             For  correction  of  the case number, case title, or
11        attorney computer identification number, if  required  by
12        rule  of  court,  on  any  document  filed in the clerk's
13        office, to be charged against the party  that  filed  the
14        document, $15.
15    (dd)  Exceptions.
16             (1)  The  fee requirements of this Section shall not
17        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 which is vested by law or ordinance  with  the
21        duty  to  maintain  public  order and to enforce criminal
22        laws or ordinances.  "Law enforcement agency" also  means
23        the Attorney General or any state's attorney.
24             (2)  No  fee provided herein shall be charged to any
25        unit of local government or school district.
26             (3)  The fee requirements of this Section shall  not
27        apply  to  any  action instituted under subsection (b) of
28        Section 11-31-1 of  the  Illinois  Municipal  Code  by  a
29        private owner or tenant of real property within 1200 feet
30        of  a  dangerous  or  unsafe  building  seeking  an order
31        compelling the owner or owners of the  building  to  take
32        any of the actions authorized under that subsection.
33    (ee)  Adoptions.
34             (1)  For an adoption.............................$65
                            -13-               LRB9001162PTcc
 1             (2)  Upon  good cause shown, the court may waive the
 2        adoption filing fee in a  special  needs  adoption.   The
 3        term  "special  needs  adoption"  shall  have the meaning
 4        ascribed to it by the Illinois Department of Children and
 5        Family Services.
 6    (ff)  Adoption exemptions.
 7             No fee other than that set forth in subsection  (ee)
 8        shall  be  charged  to  any  person in connection with an
 9        adoption proceeding.
10    (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
11    7-1-96; 89-593, eff. 8-1-96.)
12        (705 ILCS 105/27.1 rep.)
13        Section 10.  The Clerks  of  Courts  Act  is  amended  by
14    repealing Section 27.1.
15        Section  99.   Effective  date.  This Act takes effect on
16    January 1, 1998.

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