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Public Act 92-0114
HB3576 Enrolled LRB9207669ARsb
AN ACT concerning local governments.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Local Government Acceptance of Credit
Cards Act is amended by changing Section 25 as follows:
(50 ILCS 345/25)
Sec. 25. Payment of fees by cardholders.
(a) The governing body of a local governmental entity
authorizing acceptance of payment by credit card may, but is
not required to, impose a convenience fee or surcharge upon a
cardholder making payment by credit card in an amount to
wholly or partially offset, but in no event exceed, the
amount of any discount or processing fee incurred by the
local governmental entity. This convenience fee or surcharge
may be applied only when allowed under the operating rules
and regulations of the credit card involved. When a
cardholder elects to make a payment by credit card to a local
governmental entity and a convenience fee or surcharge is
imposed, the payment of the convenience fee or surcharge
shall be deemed voluntary by the person and shall not be
refundable.
(b) No fee, or accumulation of fees, that exceeds the
lesser of $20 or 5% of the principal amount charged may be
imposed in connection with the issuance of any license,
sticker, or permit, or with respect to any other similar
transaction. No fee, or accumulation of fees, that exceeds
the lesser of $5 or 5% of the transaction involved may be
imposed in connection with the payment of any fine. No fee,
or accumulation of fees, in excess of the lesser of $40 or 3%
of the principal amount charged may be imposed in connection
with the payment of any real estate or other tax.
(c) Notwithstanding the provisions of subsection (b), a
minimum fee of $1 may be imposed with respect to any
transaction.
Notwithstanding the provisions of subsection (b), a fee
in excess of the limits in subsection (b) may be imposed by a
local governmental entity on a transaction if (i) the fee
imposed by the local governmental entity is no greater than a
fee charged by the financial institution or service provider
accepting and processing credit card payments on behalf of
the local governmental entity; (ii) the financial institution
or service provider accepting and processing the credit card
payments was selected by competitive bid and, when
applicable, in accordance with the provisions of the Illinois
Procurement Code; and (iii) the local governmental entity
fully discloses the amount of the fee to the cardholder.
(Source: P.A. 90-518, eff. 8-22-97.)
Section 5. The Clerks of Courts Act is amended by
changing Sections 27.1 and 27.3 as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in
all counties having a population of 180,000 inhabitants or
less shall be paid in advance, except as otherwise provided,
and shall be as follows:
(a) Civil Cases.
(1) All civil cases except as otherwise
provided........................................... $40
(2) Judicial Sales (except Probate).......... $40
(b) Family.
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal.
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $62.50 as a
fee for the services of a jury. The jury fee shall
be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by
the defendant, no jury shall be called, and the
case shall be tried by the court without a jury.
(d) Other Civil Cases.
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $62.50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer.
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings.
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer.
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain.
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement.
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate.
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue.
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance.
In civil cases................................ $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints.
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed.
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes.
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication.
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions.
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim.
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment.
From a court, the same fee as if case
originally filed.
(t) Publications.
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections.
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for maintaining child support
records and the processing of support orders to the
State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for
the official record of the Court. Such sum shall be
in addition to and separate from amounts ordered to
be paid as maintenance or child support and shall
be deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to maintain child support orders and record all
payments issued by the State Disbursement Unit for
the official record of the Court. Unless paid in
cash or pursuant to an order for withholding, the
payment of the fee shall be by a separate
instrument from the support payment and shall be
made to the order of the Clerk. The Clerk may
recover from the person making the maintenance or
child support payment any additional cost incurred
in the collection of this annual fee.
(4) Interest earned on any funds held by the
clerk shall be turned over to the county general
fund as an earning of the office.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases.
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search.
For searching a record, per year searched..... $4
(x) Printed Output.
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons.
For each alias summons issued................. $2
(z) Expungement of Records.
For each expungement petition filed........... $15
(aa) Other Fees.
Any fees not covered by this Section shall be set by
rule or administrative order of the Circuit Court, with
the approval of the Supreme Court.
(bb) Exemptions.
No fee provided for herein shall be charged to any
unit of State or local government or school district
unless the Court orders another party to pay such fee on
its behalf. The fee requirements of this Section shall
not apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws and ordinances. The fee requirements of this Section
shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by
a private owner or tenant of real property within 1200
feet of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(cc) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(dd) Adoption exemptions.
No fee other than that set forth in subsection (cc)
shall be charged to any person in connection with an
adoption proceeding.
(ee) Additional Services.
Beginning July 1, 1993, the clerk of the circuit
court may provide such additional services for which
there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested
by the public and agreed to by the public and by the
clerk and approved by the chief judge of the circuit
court. Any charges for additional services shall be as
agreed to between the clerk and the party making the
request and approved by the chief judge of the circuit
court. Nothing in this subsection shall be construed to
require any clerk to provide any service not otherwise
required by law.
(ff) Returned checks.
For each check delivered to the clerk that is not
honored on 2 occasions by the financial institution upon
which it is drawn because of insufficient funds in the
account, because the account is closed, because there is
no account, or because a stop payment has been placed on
the check, in addition to the amount already owed....$25.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)
(705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
Sec. 27.3. Compensation.
(a) The county board shall provide the compensation of
Clerks of the Circuit Court, and the amount necessary for
clerk hire, stationery, fuel and other expenses. Beginning
December 1, 1989, the compensation per annum for Clerks of
the Circuit Court shall be as follows:
In counties where the population is:
Less than 14,000...................... at least $13,500
14,001-30,000......................... at least $14,500
30,001-60,000......................... at least $15,000
60,001-100,000........................ at least $15,000
100,001-200,000....................... at least $16,500
200,001-300,000....................... at least $18,000
300,001- 3,000,000.................... at least $20,000
Over 3,000,000........................ at least $55,000
(b) In counties in which the population is 3,000,000 or
less, "base salary" is the compensation paid for each Clerk
of the Circuit Court, respectively, before July 1, 1989.
(c) The Clerks of the Circuit Court, in counties in
which the population is 3,000,000 or less, shall be
compensated as follows:
(1) Beginning December 1, 1989, base salary plus at
least 3% of base salary.
(2) Beginning December 1, 1990, base salary plus at
least 6% of base salary.
(3) Beginning December 1, 1991, base salary plus at
least 9% of base salary.
(4) Beginning December 1, 1992, base salary plus at
least 12% of base salary.
(d) In addition to the compensation provided by the
county board, each Clerk of the Circuit Court shall receive
an award from the State for the additional duties imposed by
Sections 5-9-1 and 5-9-1.2 of the Unified Code of
Corrections, Section 10 of the Violent Crime Victims
Assistance Act, Section 16-104a of the Illinois Vehicle Code,
and other laws, in the following amount:
(1) $3,500 per year before January 1, 1997.
(2) $4,500 per year beginning January 1, 1997.
(3) $5,500 per year beginning January 1, 1998.
(4) $6,500 per year beginning January 1, 1999.
The total amount required for such awards shall be
appropriated each year by the General Assembly to the Supreme
Court, which shall distribute such awards in annual lump sum
payments to the Clerks of the Circuit Court in all counties.
This annual award, and any other award or stipend paid out of
State funds to the Clerks of the Circuit Court, shall not
affect any other compensation provided by law to be paid to
Clerks of the Circuit Court.
(e) Also in addition to the compensation provided by the
county board, Clerks of the Circuit Court in counties in
which one or more State correctional institutions are located
shall receive a minimum reimbursement in the amount of $2,500
$10,000 per year for administrative assistance one employee
to perform services in connection with the State correctional
institution, payable monthly from the State Treasury to the
treasurer of the county in which the additional staff is
employed. Counties whose State correctional institution
inmate population exceeds 250 shall receive reimbursement in
the amount of $2,500 per 250 inmates. This subsection (e)
shall not apply to staff added before November 29, 1990.
For purposes of this subsection (e), "State correctional
institution" means any facility of the Department of
Corrections, including without limitation adult facilities,
juvenile facilities, pre-release centers, community
correction centers, and work camps.
(f) No county board may reduce or otherwise impair the
compensation payable from county funds to a Clerk of the
Circuit Court if the reduction or impairment is the result of
the Clerk of the Circuit Court receiving an award or stipend
payable from State funds.
(Source: P.A. 90-95, eff. 7-11-97.)
Passed in the General Assembly May 25, 2001.
Approved July 20, 2001.
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