Bill Text: IL HB4387 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Clerks of Courts Act. Makes a technical change in a Section concerning fees in counties of 3,000,000 or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4387 Detail]

Download: Illinois-2011-HB4387-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4387 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.2a from Ch. 25, par. 27.2a
Amends the Clerks of Courts Act. Makes a technical change in a Section concerning fees in counties of 3,000,000 or more.
LRB097 15379 AJO 60479 b
A BILL FOR
HB4387 LRB097 15379 AJO 60479 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clerks of Courts Act is amended by changing
Section 27.2a as follows:
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The The fees of the clerks of the circuit court
in all counties having a population of 3,000,000 or more
inhabitants in the instances described in this Section shall be
as provided in this Section. In those instances where a minimum
and maximum fee is stated, the clerk of the circuit court must
charge the minimum fee listed and may charge up to the maximum
fee if the county board has by resolution increased the fee.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $190 and a maximum of
$240.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, a minimum of $15 and a maximum of $22.
(B) When that amount exceeds $250 but does not

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exceed $1000, a minimum of $40 and a maximum of $75.
(C) When that amount exceeds $1000 but does not
exceed $2500, a minimum of $50 and a maximum of $80.
(D) When that amount exceeds $2500 but does not
exceed $5000, a minimum of $100 and a maximum of $130.
(E) When that amount exceeds $5000 but does not
exceed $15,000, $150.
(F) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or
interest therein subject to be condemned, the damages
in respect to which shall require separate assessment
by a jury, $150.
(G) For the final determination of parking,
standing, and compliance violations and final
administrative decisions issued after hearings
regarding vehicle immobilization and impoundment made
pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
the Illinois Vehicle Code, $25.
(H) No fees shall be charged by the clerk to a
petitioner in any order of protection including, but
not limited to, filing, modifying, withdrawing,
certifying, or photocopying petitions for orders of
protection, or for issuing alias summons, or for any
related filing service, certifying, modifying,
vacating, or photocopying any orders of protection.
(b) Forcible Entry and Detainer.

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In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, a minimum
of $75 and a maximum of $140. When the plaintiff unites his
or her claim for possession with a claim for rent or
damages or both exceeding $15,000, a minimum of $225 and a
maximum of $335.
(c) Counterclaim or Joining Third Party Defendant.
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, the defendant shall pay a
fee for each 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.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $60 and a maximum of $70. When
the amount exceeds $1500, but does not exceed $5000, a
minimum of $75 and a maximum of $150. When the amount
exceeds $5000, but does not exceed $15,000, a minimum of
$175 and a maximum of $260. When the amount exceeds
$15,000, a minimum of $250 and a maximum of $310.

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(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $75 and a maximum of $110, except as
follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of $40
and a maximum of $80.
(B) When the amount in the case does not exceed
$1500, a minimum of $40 and a maximum of $80.
(C) When that amount exceeds $1500 but does not
exceed $15,000, a minimum of $60 and a maximum of $90.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $15 and a maximum of $25; when the
amount exceeds $1,000 but does not exceed $5,000, a minimum
of $30 and a maximum of $45; and when the amount exceeds
$5,000, a minimum of $50 and a maximum of $80.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases
and small claims cases or a petition to reopen an estate,
to modify, terminate, or enforce a judgment or order for
child or spousal support, or to modify, suspend, or
terminate an order for withholding, if filed before 30 days
after the entry of the judgment or order, a minimum of $50

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and a maximum of $60.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or
to modify, suspend, or terminate an order for withholding,
if filed later than 30 days after the entry of the judgment
or order, a minimum of $75 and a maximum of $90.
(3) Petition to vacate order of bond forfeiture, a
minimum of $40 and a maximum of $80.
(h) Mailing.
When the clerk is required to mail, the fee will be a
minimum of $10 and a maximum of $15, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, a minimum of $15 and a maximum of $20.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $125 and a maximum of $190.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing
with the seal of office, a minimum of $6 and a maximum of
$9.
(2) Court appeals when original documents are

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forwarded, under 100 pages, plus delivery and costs, a
minimum of $75 and a maximum of $110.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $150 and a maximum of $185.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 25 and a maximum of 30 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, 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.
(m) Record Search.
For each record search, within a division or municipal

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district, the clerk shall be entitled to a search fee of a
minimum of $6 and a maximum of $9 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $6 and a maximum
of $9.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the records
are maintained in a current automated medium, and when no
hard copy print output is requested. The fees to be charged
for management records, multiple case records, and
multiple journal records may be specified by the Chief
Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the clerk,
a minimum of $5 and a maximum of $6.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the
approval of the Administrative Office of the Illinois

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Courts.
The clerk of the circuit court may provide 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 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.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to
other fees allowed by law, the sum of a minimum of $212.50
and maximum of $230, 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 other 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
the jury demand. If the fee is not paid by either party, no
jury shall be called in the action or proceeding, and the
same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum
of $20 and a maximum of $40; for recording the same, a

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minimum of 50¢ and a maximum of $0.80 for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the benefit
of creditors shall be considered and treated, for the
purpose of taxing costs therein, as actions in which the
party or parties filing the exceptions shall be considered
as party or parties plaintiff, and the claimant or
claimants as party or parties defendant, and those parties
respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $60 and a maximum of $120 for each expungement
petition filed and an additional fee of a minimum of $4 and
a maximum of $8 for each certified copy of an order to
expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce,
or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $150 and a maximum of $225, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal

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property does not exceed $15,000, the fee shall be a
minimum of $40 and a maximum of $65.
(B) When (i) proof of heirship alone is made, (ii)
a domestic or foreign will is admitted to probate
without administration (including proof of heirship),
or (iii) letters of office are issued for a particular
purpose without administration of the estate, the fee
shall be a minimum of $40 and a maximum of $65.
(2) For administration of the estate of a ward, a
minimum of $75 and a maximum of $110, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $40 and a maximum of $65.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the estate,
including filing or joining in the filing of a tax
return or releasing a mortgage or consenting to the
marriage of the ward, the fee shall be a minimum of $20
and a maximum of $40.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are
payable:
(A) For each account (other than one final account)

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filed in the estate of a decedent, or ward, a minimum
of $25 and a maximum of $40.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, a minimum
of $20 and a maximum of $40; when the amount claimed is
$500 or more but less than $10,000, a minimum of $40
and a maximum of $65; when the amount claimed is
$10,000 or more, a minimum of $60 and a maximum of $90;
provided that the court in allowing a claim may add to
the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest
of a will, enforcement of a contract to make a will,
and proceedings involving testamentary trusts or the
appointment of testamentary trustees, a minimum of $60
and a maximum of $90.
(D) For filing in an estate (i) the appearance of
any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem,
or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a
minimum of $30 and a maximum of $90.
(F) For each jury demand, a minimum of $137.50 and

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a maximum of $180.
(G) For disposition of the collection of a judgment
or settlement of an action or claim for wrongful death
of a decedent or of any cause of action of a ward, when
there is no other administration of the estate, a
minimum of $50 and a maximum of $80, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000, the
fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
maximum of $40.
(H) For each certified copy of letters of office,
of court order or other certification, a minimum of $2
and a maximum of $4, plus $1 per page in excess of 3
pages for the document certified.
(I) For each exemplification, $2, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fee shall pay the same directly to the person entitled
thereto.
(6) The executor, administrator, guardian, petitioner,

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or other interested person or his or her attorney shall pay
to the clerk all postage charges incurred by the clerk in
mailing petitions, orders, notices, or other documents
pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $125 and a
maximum of $190.
(B) Misdemeanor complaints, a minimum of $75 and a
maximum of $110.
(C) Business offense complaints, a minimum of $75
and a maximum of $110.
(D) Petty offense complaints, a minimum of $75 and
a maximum of $110.
(E) Minor traffic or ordinance violations, $30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, a
minimum of $40 and a maximum of $80.
(H) Motions to vacate bond forfeiture orders, a
minimum of $30 and a maximum of $45.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $30 and a maximum of $45.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $25 and a maximum of $30.

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(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, a minimum of $40 and a maximum of $50.
(2) In counties having a population of 3,000,000 or
more, when the violation complaint is issued by a municipal
police department, the clerk shall be entitled to costs
from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $30.
(B) When court appearance required, $50.
(3) 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 a
minimum of $112.50 and a maximum of $250 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.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk
shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of

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venue, the clerk shall be entitled to the same fee as if it
were the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, a minimum of $40 and a
maximum of $65.
(z) 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 in the
complaint, a minimum of $50 and a maximum of $100.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $250 and a maximum of $400.
(2) For each additional parcel, add a fee of a minimum
of $100 and a maximum of $200.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, a sum equal to 3.0% of the amount collected and
turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account

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closed, or payment stopped, $25.
(4) In child support and maintenance cases, 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.
This fee shall be in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into 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. 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.
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.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by

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rule of court, on any document filed in the clerk's office,
to be charged against the party that filed the document, a
minimum of $25 and a maximum of $40.
(dd) Exceptions.
(1) 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 which
is vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General or
any state's attorney.
(2) No fee provided herein shall be charged to any unit
of local government or school district. 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.
(3) The fee requirements of this Section shall not
apply to the filing of any commitment petition or petition
for an order authorizing the administration of
psychotropic medication or electroconvulsive therapy under
the Mental Health and Developmental Disabilities Code.

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(ee) Adoption.
(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.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding nor may any fee be charged for
proceedings for the appointment of a confidential
intermediary under the Adoption Act.
(gg) Unpaid fees.
Unless a court ordered payment schedule is implemented
or the fee requirements of this Section are waived pursuant
to court order, the clerk of the court may add to any
unpaid fees and costs under this Section a delinquency
amount equal to 5% of the unpaid fees that remain unpaid
after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made
by signage posting or publication. The additional
delinquency amounts collected under this Section shall be
used to defray additional administrative costs incurred by
the clerk of the circuit court in collecting unpaid fees

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and costs.
(Source: P.A. 95-172, eff. 8-14-07.)