99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2806
 
Introduced , by Rep. Keith Wheeler
 
SYNOPSIS AS INTRODUCED:






705 ILCS 105/27.1a from Ch. 25, par. 27.1a

 Amends the Clerks of Courts Act. Deletes language providing that in child support and maintenance cases in counties having a population of not more than 500,000 inhabitants, the clerk, if authorized by an
ordinance of the county board, may collect an annual fee of up to $36 from
the person making 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.



LRB099 09394 HEP 29601 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB2806LRB099 09394 HEP 29601 b



1 AN ACT concerning courts.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Clerks of Courts Act is amended by changing 
5Section 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 in 
8all
counties having a population of not more than
500,000 
9inhabitants in the instances described in this Section
shall be 
10as provided in this Section.
In those instances where a minimum 
11and maximum fee is stated, the clerk of
the circuit court must 
12charge the minimum fee listed and may charge up to the
maximum 
13fee if the county board has by resolution increased the fee.

14The fees shall be paid in advance and
shall be as follows:

15(a) Civil Cases.


16  The fee for filing a complaint, petition, or other 
17 pleading initiating
a civil action, with the following 
18 exceptions, shall be a minimum of $40 and
a maximum of 
19 $160.


20   (A) When the amount of money or damages or the 
21 value of personal
property claimed does not exceed 
22 $250, $10.


23   (B) When that amount exceeds $250 but does not 
 
 
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1 exceed $500, a minimum
of $10 and a maximum of $20.


2   (C) When that amount exceeds $500 but does not 
3 exceed $2500, a minimum
of $25 and a maximum of $40.


4   (D) When that amount exceeds $2500 but does not 
5 exceed $15,000, a
minimum of $25 and a maximum of $75.


6   (E) For the exercise of eminent domain, a minimum 
7 of $45 and
a maximum of $150. For each additional
lot 
8 or tract of land or right or interest therein subject 
9 to be condemned,
the damages in respect to which shall 
10 require separate assessment by a
jury, a minimum of $45 
11 and a maximum of $150.

12(a-1) Family.


13  For filing a petition under the Juvenile Court Act of 
14 1987, $25.


15  For filing a petition for a marriage license, $10.


16  For performing a marriage in court, $10.


17  For filing a petition under the Illinois Parentage Act 
18 of 1984, $40.

19(b) Forcible Entry and Detainer.


20  In each forcible entry and detainer case when the 
21 plaintiff seeks
possession only or unites with his or her 
22 claim for possession of the property
a claim for rent or 
23 damages or both in the amount of $15,000 or less, a
minimum 
24 of $10 and a maximum of $50.
When the plaintiff unites his 
25 or her claim for possession with a claim for
rent or 
26 damages or both exceeding $15,000, a minimum of $40 and a 
 
 
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1 maximum of
$160.

2(c) Counterclaim or Joining Third Party Defendant.


3  When any defendant files a counterclaim as part of his 
4 or her
answer or otherwise or joins another party as a 
5 third party defendant, or
both, the defendant shall pay a 
6 fee for each counterclaim or third
party action in an 
7 amount equal to the fee he or she would have had to pay
had 
8 he or she brought a separate action for the relief sought 
9 in the
counterclaim or against the third party defendant, 
10 less the amount of the
appearance fee, if that has been 
11 paid.

12(d) Confession of Judgment.


13  In a confession of judgment when the amount does not 
14 exceed $1500, a
minimum of $20 and a maximum of $50.
When 
15 the amount exceeds $1500, but does not exceed $15,000, a

16 minimum of $40 and a maximum of $115. When the
amount 
17 exceeds $15,000, a minimum of $40 and a maximum of $200.

18(e) Appearance.


19  The fee for filing an appearance in each civil case 
20 shall be a minimum of
$15 and a maximum of $60,
except as 
21 follows:


22   (A) When the plaintiff in a forcible entry and 
23 detainer case seeks
possession only, a minimum of $10 
24 and a maximum of $50.


25   (B) When the amount in the case does not exceed 
26 $1500, a minimum of
$10 and a maximum of $30.


 
 
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1   (C) When that amount exceeds $1500 but does not 
2 exceed $15,000, a
minimum of $15 and a maximum of $60.

3(f) Garnishment, Wage Deduction, and Citation.


4  In garnishment affidavit, wage deduction affidavit, 
5 and citation
petition when the amount does not exceed 
6 $1,000, a minimum of $5 and a
maximum
of $15; when the 
7 amount
exceeds $1,000 but does not exceed $5,000, a minimum 
8 of $5 and a maximum of
$30; and when the amount exceeds

9 $5,000, a minimum of $5 and a maximum of $50.

10(g) Petition to Vacate or Modify.


11  (1) Petition to vacate or modify any final judgment or 
12 order of
court, except in forcible entry and detainer cases 
13 and small claims cases
or a petition to reopen an estate, 
14 to modify, terminate, or enforce a
judgment or order for 
15 child or spousal support, or to modify, suspend, or

16 terminate an order for withholding, if filed before 30 days 
17 after the entry
of the judgment or order, a minimum of $20 
18 and a maximum of $50.


19  (2) Petition to vacate or modify any final judgment or 
20 order of court,
except a petition to modify, terminate, or 
21 enforce a judgment or order for
child or spousal support or 
22 to modify, suspend, or terminate an order for
withholding, 
23 if filed later than 30 days after the entry of the judgment 
24 or
order, a minimum of $20 and a maximum of $75.


25  (3) Petition to vacate order of bond forfeiture, a 
26 minimum of $10 and a
maximum of $40.

 
 
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1(h) Mailing.


2  When the clerk is required to mail, the fee will be a 
3 minimum of $2 and a
maximum of $10,
plus the cost of 
4 postage.

5(i) Certified Copies.


6  Each certified copy of a judgment after the first, 
7 except in small
claims and forcible entry and detainer 
8 cases, a minimum of $2 and a maximum
of $10.

9(j) Habeas Corpus.


10  For filing a petition for relief by habeas corpus, a 
11 minimum of $60 and a
maximum of $100.

12(k) Certification, Authentication, and Reproduction.


13  (1) Each certification or authentication for taking 
14 the acknowledgment
of a deed or other instrument in writing 
15 with the seal of office, a minimum
of $2 and a maximum of 
16 $6.


17  (2) Court appeals when original documents are 
18 forwarded, under 100 pages,
plus delivery and costs, a 
19 minimum of $20 and a maximum of $60.


20  (3) Court appeals when original documents are 
21 forwarded, over 100 pages,
plus delivery and costs, a 
22 minimum of $50 and a maximum of $150.


23  (4) Court appeals when original documents are 
24 forwarded, over 200
pages, an additional fee of a minimum 
25 of 20 cents and a maximum of 25 cents per page.


26  (5) For reproduction of any document contained in the 
 
 
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1 clerk's files:


2   (A) First page, a minimum of $1 and a maximum
of 
3 $2.


4   (B) Next 19 pages, 50 cents per page.


5   (C) All remaining pages, 25 cents per page.

6(l) Remands.


7  In any cases remanded to the Circuit Court from the 
8 Supreme Court
or the Appellate Court for a new trial, the 
9 clerk shall file the remanding
order and reinstate the case 
10 with either its original number or a new number.
The Clerk 
11 shall not charge any new or additional fee for the 
12 reinstatement.
Upon reinstatement the Clerk shall advise 
13 the parties of the reinstatement. A
party shall have the 
14 same right to a jury trial on remand and reinstatement as

15 he or she had before the appeal, and no additional or new 
16 fee or charge shall
be made for a jury trial after remand.

17(m) Record Search.


18  For each record search, within a division or municipal 
19 district, the
clerk shall be entitled to a search fee of a 
20 minimum of $4 and a maximum of
$6 for each year searched.

21(n) Hard Copy.


22  For each page of hard copy print output, when case 
23 records are
maintained on an automated medium, the clerk 
24 shall be entitled to a fee of a
minimum of $4 and a maximum 
25 of $6.

26(o) Index Inquiry and Other Records.


 
 
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1  No fee shall be charged for a single 
2 plaintiff/defendant index inquiry
or single case record 
3 inquiry when this request is made in person and the
records 
4 are maintained in a current automated medium, and when no 
5 hard copy
print output is requested. The fees to be charged 
6 for management records,
multiple case records, and 
7 multiple journal records may be specified by the
Chief 
8 Judge pursuant to the guidelines for access and 
9 dissemination of
information approved by the Supreme 
10 Court.

11(p) (Blank).

12(q) Alias Summons.


13  For each alias summons or citation issued by the clerk, 
14 a minimum of $2
and a maximum of $5.

15(r) Other Fees.


16  Any fees not covered in this Section shall be set by 
17 rule or
administrative order of the Circuit Court with the 
18 approval of the
Administrative Office of the Illinois 
19 Courts.


20  The clerk of the circuit court may provide additional 
21 services for
which there is no fee specified by statute in 
22 connection with the operation
of the clerk's office as may 
23 be requested by the public and agreed to by
the clerk and 
24 approved by the chief judge of the circuit court. Any

25 charges for additional services shall be as agreed to

26 between the clerk and the party making the request and 
 
 
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1 approved by the
chief judge of the circuit court. Nothing 
2 in this
subsection shall be construed to require any clerk 
3 to provide any service
not otherwise required by law.

4(s) Jury Services.


5  The clerk shall be entitled to receive, in addition to 
6 other fees
allowed by law, the sum of a minimum of $62.50 
7 and a maximum of $212.50, as a fee for the services of a 
8 jury in
every civil action not quasi-criminal in its nature 
9 and not a proceeding
for the exercise of the right of 
10 eminent domain and in every other action
wherein the right 
11 of trial by jury is or may be given by law. The jury fee

12 shall be paid by the party demanding a jury at the time of 
13 filing the jury
demand. If the fee is not paid by either 
14 party, no jury shall be called in
the action or proceeding, 
15 and the same shall be tried by the court without
a jury.

16(t) Voluntary Assignment.


17  For filing each deed of voluntary assignment, a minimum 
18 of $10 and a
maximum of $20; for recording
the same, a 
19 minimum of 25 cents and a maximum of 50 cents for each
100 
20 words. Exceptions filed to claims presented
to an assignee 
21 of a debtor who has made a voluntary assignment for the

22 benefit of creditors shall be considered and treated, for 
23 the purpose of
taxing costs therein, as actions in which 
24 the party or parties filing
the exceptions shall be 
25 considered as party or parties plaintiff, and
the claimant 
26 or claimants as party or parties defendant, and those

 
 
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1 parties respectively shall pay to the clerk the same fees

2 as 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 $15 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 $50 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
$10 and a maximum of $40.


 
 
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1   (C) For filing a petition to sell Real Estate, $50.


2  (2) For administration of the estate of a ward, a 
3 minimum of $50 and a
maximum of $75,
plus the fees 
4 specified in subsection (v)(3), except:


5   (A) When the value of the real and personal 
6 property does not exceed
$15,000, the fee shall be a 
7 minimum of $25 and a maximum of $40.


8   (B) When (i) letters of office are issued to a 
9 guardian of the person
or persons,
but not of the 
10 estate or (ii) letters of office are issued in the 
11 estate of
a ward without administration of the estate, 
12 including filing or joining in
the filing of a tax 
13 return or releasing a mortgage or consenting to the

14 marriage of the ward, the fee shall be a minimum of $10 
15 and a maximum of
$20.


16   (C) For filing a Petition to sell Real Estate, $50.


17  (3) In addition to the fees payable under subsection 
18 (v)(1) or (v)(2)
of this Section, the following fees are 
19 payable:


20   (A) For each account (other than one final account) 
21 filed in the
estate of a decedent, or ward, a minimum 
22 of $10 and a maximum of $25.


23   (B) For filing a claim in an estate when the amount 
24 claimed is $150
or more but less than $500, a minimum 
25 of $10 and a maximum of $25;
when the amount claimed is 
26 $500 or more
but less than $10,000, a minimum of $10 
 
 
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1 and a maximum of $40; when
the amount claimed is 
2 $10,000 or more, a minimum of $10 and a maximum of
$60; 
3 provided that the court in allowing a claim may add to 
4 the
amount
allowed the filing fee paid by the claimant.


5   (C) For filing in an estate a claim, petition, or 
6 supplemental
proceeding based upon an action seeking 
7 equitable relief including the
construction or contest 
8 of a will, enforcement of a contract to make a
will, 
9 and proceedings involving testamentary trusts or the 
10 appointment of
testamentary trustees, a minimum of $40 
11 and a maximum of $60.


12   (D) For filing in an estate (i) the appearance of 
13 any person for the
purpose of consent or (ii) the 
14 appearance of an executor, administrator,

15 administrator to collect, guardian, guardian ad litem, 
16 or special
administrator, no fee.


17   (E) Except as provided in subsection (v)(3)(D), 
18 for filing the
appearance of any person or persons, a 
19 minimum of $10 and a maximum of $30.


20   (F) For each jury demand, a minimum of $62.50 and a 
21 maximum of
$137.50.


22   (G) For disposition of the collection of a judgment 
23 or settlement of
an action or claim for wrongful death 
24 of a decedent or of any cause of
action of a ward, when 
25 there is no other administration of the estate, a

26 minimum of $30 and a maximum of $50,
less any amount 
 
 
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1 paid under subsection (v)(1)(B) or (v)(2)(B) except 
2 that if
the amount involved does not exceed $5,000, the 
3 fee, including any amount
paid under subsection 
4 (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a

5 maximum of $20.


6   (H) For each certified copy of letters of office, 
7 of court order or
other certification, a minimum of $1 
8 and a maximum of $2, plus a
minimum of 50 cents and a 
9 maximum of $1 per page in excess of 3 pages
for the

10 document certified.


11   (I) For each exemplification, a minimum of $1 and a 
12 maximum of $2, plus the fee for certification.


13  (4) The executor, administrator, guardian, petitioner,

14 or other interested person or his or her attorney shall pay 
15 the cost of
publication by the clerk directly to the 
16 newspaper.


17  (5) The person on whose behalf a charge is incurred for 
18 witness,
court reporter, appraiser, or other miscellaneous 
19 fee shall pay the same
directly to the person entitled 
20 thereto.


21  (6) The executor, administrator, guardian, petitioner, 
22 or other
interested person or his or her attorney shall pay 
23 to the clerk all postage
charges incurred by the clerk in 
24 mailing petitions, orders, notices, or
other documents 
25 pursuant to the provisions of the Probate Act of 1975.

26(w) Criminal and Quasi-Criminal Costs and Fees.


 
 
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1  (1) The clerk shall be entitled to costs in all 
2 criminal
and quasi-criminal cases from each person 
3 convicted or sentenced to
supervision therein as follows:


4   (A) Felony complaints, a minimum of $40 and a 
5 maximum of $100.


6   (B) Misdemeanor complaints, a minimum of $25 and a 
7 maximum of $75.


8   (C) Business offense complaints, a minimum of $25 
9 and a maximum of
$75.


10   (D) Petty offense complaints, a minimum of $25 and 
11 a maximum of $75.


12   (E) Minor traffic or ordinance violations, $10.


13   (F) When court appearance required, $15.


14   (G) Motions to vacate or amend final orders, a 
15 minimum of $20 and a
maximum of $40.


16   (H) Motions to vacate bond forfeiture orders, a 
17 minimum of $20 and
a maximum of $40.


18   (I) Motions to vacate ex parte judgments, whenever 
19 filed, a minimum of
$20 and a maximum of $40.


20   (J) Motions to vacate judgment on forfeitures, 
21 whenever filed, a
minimum of $20 and a maximum of $40.


22   (K) Motions to vacate "failure to appear" or 
23 "failure to comply"
notices sent to the Secretary of 
24 State, a minimum of $20 and a maximum of
$40.


25  (2) In counties having a population of not
more
than 
26 500,000 inhabitants, when the violation complaint is

 
 
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1 issued by a
municipal police department, the clerk shall be 
2 entitled to costs from each
person convicted therein as 
3 follows:


4   (A) Minor traffic or ordinance violations, $10.


5   (B) When court appearance required, $15.


6  (3) In ordinance violation cases punishable by fine 
7 only, the clerk
of the circuit court shall be entitled to 
8 receive, unless the fee is
excused upon a finding by the 
9 court that the defendant is indigent, in
addition to other 
10 fees or costs allowed or imposed by law, the sum of a

11 minimum of $62.50 and a maximum of $137.50
as a fee for the 
12 services of a jury. The jury fee shall be paid by the

13 defendant at the time of filing his or her jury demand. If 
14 the fee is not
so paid by the defendant, no jury shall be 
15 called, and the case shall be
tried by the court without a 
16 jury.

17(x) Transcripts of Judgment.


18  For the filing of a transcript of judgment, the clerk 
19 shall be entitled
to the same fee as if it were the 
20 commencement of a new suit.

21(y) Change of Venue.


22  (1) For the filing of a change of case on a change of 
23 venue, the clerk
shall be entitled to the same fee as if it 
24 were the commencement of a new suit.


25  (2) The fee for the preparation and certification of a 
26 record on a
change of venue to another jurisdiction, when 
 
 
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1 original documents are
forwarded, a minimum of $10 and a 
2 maximum of $40.

3(z) Tax objection complaints.


4  For each tax objection complaint containing one or more 
5 tax
objections, regardless of the number of parcels 
6 involved or the number of
taxpayers joining on the 
7 complaint, a minimum of $10 and a maximum of $50.

8(aa) Tax Deeds.


9  (1) Petition for tax deed, if only one parcel is 
10 involved, a minimum of
$45 and a maximum of $200.


11  (2) For each additional parcel, add a fee of a minimum 
12 of $10 and a
maximum of $60.

13(bb) Collections.


14  (1) For all collections made of others, except the 
15 State and county
and except in maintenance or child support 
16 cases, a sum equal to a
minimum of 2% and a maximum of 2.5% 
17 of
the amount collected and turned over.


18  (2) Interest earned on any funds held by the clerk 
19 shall be turned
over to the county general fund as an 
20 earning of the office.


21  (3) For any check, draft, or other bank instrument 
22 returned to the
clerk for non-sufficient funds, account 
23 closed, or
payment stopped, $25.


24  (4) A In child support and maintenance cases, the 
25 clerk, if authorized by an
ordinance of the county board, 
26 may collect an annual fee of up to $36 from
the person 
 
 
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1 making payment for maintaining child support records and 
2 the
processing of support orders to the State of Illinois 
3 KIDS system and the
recording of payments issued by the 
4 State Disbursement Unit for the official
record of the 
5 Court. This fee shall be in addition
to and separate from 
6 amounts ordered to be paid as maintenance or child
support 
7 and shall be deposited into a Separate Maintenance and 
8 Child Support
Collection Fund, of which the clerk shall be 
9 the custodian, ex-officio, to
be used by the clerk to 
10 maintain child support orders and record all payments

11 issued by the State Disbursement Unit for the official 
12 record of the Court.
The clerk may recover from the person 
13 making the maintenance or child support
payment any 
14 additional cost incurred in the collection of this annual

15 fee.
The clerk shall also be entitled to a fee of $5 for 
16 certifications made
to the Secretary of State as provided 
17 in Section 7-703 of the Family
Financial Responsibility Law 
18 and these fees shall also be deposited into the
Separate 
19 Maintenance and Child Support Collection Fund.

20(cc) Corrections of Numbers.


21  For correction of the case number, case
title, or 
22 attorney computer identification number, if required by 
23 rule of
court, on any document filed in the clerk's office, 
24 to be charged against
the party that filed the document, a 
25 minimum of $10 and a maximum of $25.

26(dd) Exceptions.


 
 
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1  (1) The fee requirements of this Section shall not 
2 apply to police
departments or other law enforcement 
3 agencies. In this Section, "law
enforcement agency" means 
4 an agency of the State or a unit of local
government which 
5 is vested by law or ordinance with the duty to maintain

6 public order and to enforce criminal laws or ordinances. 
7 "Law enforcement
agency" also means the Attorney General or 
8 any state's attorney.


9  (2) No fee provided herein shall be charged to any unit 
10 of local
government or school district.


11  (3) The fee requirements of this Section shall not 
12 apply to any action
instituted under subsection (b) of 
13 Section 11-31-1 of the Illinois Municipal
Code by a private 
14 owner or tenant of real property within 1200 feet of a

15 dangerous or unsafe building seeking an order compelling 
16 the owner or owners of
the building to take any of the 
17 actions authorized under that subsection.


18  (4) The fee requirements of this Section shall not 
19 apply to the filing of
any
commitment petition or petition 
20 for an order authorizing the administration of 
21 psychotropic medication or electroconvulsive therapy
under 
22 the Mental Health and
Developmental Disabilities Code.

23(ee) Adoptions.


24  (1) For an adoption...............................$65


25  (2) Upon good cause shown, the court may waive the 
26 adoption filing fee in
a special needs adoption. The term 
 
 
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1 "special needs adoption" shall have the
meaning ascribed to 
2 it by the Illinois Department of Children and Family

3 Services.

4(ff) Adoption exemptions.


5  No fee other than that set forth in subsection (ee) 
6 shall be charged to any
person in connection with an 
7 adoption proceeding nor may any fee be charged for

8 proceedings for the appointment of a confidential 
9 intermediary under the
Adoption Act.

10(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)