Bill Amendment: IL SB0089 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INS CD-IIGF/CYBERSECURITY
Status: 2023-05-31 - Added as Co-Sponsor Sen. Sara Feigenholtz [SB0089 Detail]
Download: Illinois-2023-SB0089-House_Amendment_003.html
Bill Title: INS CD-IIGF/CYBERSECURITY
Status: 2023-05-31 - Added as Co-Sponsor Sen. Sara Feigenholtz [SB0089 Detail]
Download: Illinois-2023-SB0089-House_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 89
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2 | AMENDMENT NO. ______. Amend Senate Bill 89, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 2, on page 29, by replacing lines 14 through 16, with the | ||||||
5 | following:
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6 | "Section 12. The Clerks of Courts Act is amended by | ||||||
7 | changing Section 27.1b as follows:
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8 | (705 ILCS 105/27.1b) | ||||||
9 | (Section scheduled to be repealed on January 1, 2024) | ||||||
10 | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||||||
11 | other provision of law, all fees charged by the clerks of the | ||||||
12 | circuit court for the services described in this Section shall | ||||||
13 | be established, collected, and disbursed in accordance with | ||||||
14 | this Section. Except as otherwise specified in this Section, | ||||||
15 | all fees under this Section shall be paid in advance and | ||||||
16 | disbursed by each clerk on a monthly basis. In a county with a |
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1 | population of over 3,000,000, units of local government and | ||||||
2 | school districts shall not be required to pay fees under this | ||||||
3 | Section in advance and the clerk shall instead send an | ||||||
4 | itemized bill to the unit of local government or school | ||||||
5 | district, within 30 days of the fee being incurred, and the | ||||||
6 | unit of local government or school district shall be allowed | ||||||
7 | at least 30 days from the date of the itemized bill to pay; | ||||||
8 | these payments shall be disbursed by each clerk on a monthly | ||||||
9 | basis. Unless otherwise specified in this Section, the amount | ||||||
10 | of a fee shall be determined by ordinance or resolution of the | ||||||
11 | county board and remitted to the county treasurer to be used | ||||||
12 | for purposes related to the operation of the court system in | ||||||
13 | the county. In a county with a population of over 3,000,000, | ||||||
14 | any amount retained by the clerk of the circuit court or | ||||||
15 | remitted to the county treasurer shall be subject to | ||||||
16 | appropriation by the county board. | ||||||
17 | (a) Civil cases. The fee for filing a complaint, petition, | ||||||
18 | or other pleading initiating a civil action shall be as set | ||||||
19 | forth in the applicable schedule under this subsection in | ||||||
20 | accordance with case categories established by the Supreme | ||||||
21 | Court in schedules. | ||||||
22 | (1) SCHEDULE 1: not to exceed a total of $366 in a | ||||||
23 | county with a population of 3,000,000 or more and not to | ||||||
24 | exceed $316 in any other county, except as applied to | ||||||
25 | units of local government and school districts in counties | ||||||
26 | with more than 3,000,000 inhabitants an amount not to |
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1 | exceed $190 through December 31, 2021 and $184 on and | ||||||
2 | after January 1, 2022. The fees collected under this | ||||||
3 | schedule shall be disbursed as follows: | ||||||
4 | (A) The clerk shall retain a sum, in an amount not | ||||||
5 | to exceed $55 in a county with a population of | ||||||
6 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
7 | any other county determined by the clerk with the | ||||||
8 | approval of the Supreme Court, to be used for court | ||||||
9 | automation, court document storage, and administrative | ||||||
10 | purposes. | ||||||
11 | (B) The clerk shall remit up to $21 to the State | ||||||
12 | Treasurer. The State Treasurer shall deposit the | ||||||
13 | appropriate amounts, in accordance with the clerk's | ||||||
14 | instructions, as follows: | ||||||
15 | (i) up to $10, as specified by the Supreme | ||||||
16 | Court in accordance with Part 10A of Article II of | ||||||
17 | the Code of Civil Procedure, into the Mandatory | ||||||
18 | Arbitration Fund; | ||||||
19 | (ii) $2 into the Access to Justice Fund; and | ||||||
20 | (iii) $9 into the Supreme Court Special | ||||||
21 | Purposes Fund. | ||||||
22 | (C) The clerk shall remit a sum to the County | ||||||
23 | Treasurer, in an amount not to exceed $290 in a county | ||||||
24 | with a population of 3,000,000 or more and in an amount | ||||||
25 | not to exceed $250 in any other county, as specified by | ||||||
26 | ordinance or resolution passed by the county board, |
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1 | for purposes related to the operation of the court | ||||||
2 | system in the county. | ||||||
3 | (2) SCHEDULE 2: not to exceed a total of $357 in a | ||||||
4 | county with a population of 3,000,000 or more and not to | ||||||
5 | exceed $266 in any other county, except as applied to | ||||||
6 | units of local government and school districts in counties | ||||||
7 | with more than 3,000,000 inhabitants an amount not to | ||||||
8 | exceed $190 through December 31, 2021 and $184 on and | ||||||
9 | after January 1, 2022. The fees collected under this | ||||||
10 | schedule shall be disbursed as follows: | ||||||
11 | (A) The clerk shall retain a sum, in an amount not | ||||||
12 | to exceed $55 in a county with a population of | ||||||
13 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
14 | any other county determined by the clerk with the | ||||||
15 | approval of the Supreme Court, to be used for court | ||||||
16 | automation, court document storage, and administrative | ||||||
17 | purposes. | ||||||
18 | (B) The clerk shall remit up to $21 to the State | ||||||
19 | Treasurer. The State Treasurer shall deposit the | ||||||
20 | appropriate amounts, in accordance with the clerk's | ||||||
21 | instructions, as follows: | ||||||
22 | (i) up to $10, as specified by the Supreme | ||||||
23 | Court in accordance with Part 10A of Article II of | ||||||
24 | the Code of Civil Procedure, into the Mandatory | ||||||
25 | Arbitration Fund; | ||||||
26 | (ii) $2 into the Access to Justice Fund: and |
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1 | (iii) $9 into the Supreme Court Special | ||||||
2 | Purposes Fund. | ||||||
3 | (C) The clerk shall remit a sum to the County | ||||||
4 | Treasurer, in an amount not to exceed $281 in a county | ||||||
5 | with a population of 3,000,000 or more and in an amount | ||||||
6 | not to exceed $200 in any other county, as specified by | ||||||
7 | ordinance or resolution passed by the county board, | ||||||
8 | for purposes related to the operation of the court | ||||||
9 | system in the county. | ||||||
10 | (3) SCHEDULE 3: not to exceed a total of $265 in a | ||||||
11 | county with a population of 3,000,000 or more and not to | ||||||
12 | exceed $89 in any other county, except as applied to units | ||||||
13 | of local government and school districts in counties with | ||||||
14 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
15 | $190 through December 31, 2021 and $184 on and after | ||||||
16 | January 1, 2022. The fees collected under this schedule | ||||||
17 | shall be disbursed as follows: | ||||||
18 | (A) The clerk shall retain a sum, in an amount not | ||||||
19 | to exceed $55 in a county with a population of | ||||||
20 | 3,000,000 or more and in an amount not to exceed $22 in | ||||||
21 | any other county determined by the clerk with the | ||||||
22 | approval of the Supreme Court, to be used for court | ||||||
23 | automation, court document storage, and administrative | ||||||
24 | purposes. | ||||||
25 | (B) The clerk shall remit $11 to the State | ||||||
26 | Treasurer. The State Treasurer shall deposit the |
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1 | appropriate amounts in accordance with the clerk's | ||||||
2 | instructions, as follows: | ||||||
3 | (i) $2 into the Access to Justice Fund; and | ||||||
4 | (ii) $9 into the Supreme Court Special | ||||||
5 | Purposes Fund. | ||||||
6 | (C) The clerk shall remit a sum to the County | ||||||
7 | Treasurer, in an amount not to exceed $199 in a county | ||||||
8 | with a population of 3,000,000 or more and in an amount | ||||||
9 | not to exceed $56 in any other county, as specified by | ||||||
10 | ordinance or resolution passed by the county board, | ||||||
11 | for purposes related to the operation of the court | ||||||
12 | system in the county. | ||||||
13 | (4) SCHEDULE 4: $0. | ||||||
14 | (b) Appearance. The fee for filing an appearance in a | ||||||
15 | civil action, including a cannabis civil law action under the | ||||||
16 | Cannabis Control Act, shall be as set forth in the applicable | ||||||
17 | schedule under this subsection in accordance with case | ||||||
18 | categories established by the Supreme Court in schedules. | ||||||
19 | (1) SCHEDULE 1: not to exceed a total of $230 in a | ||||||
20 | county with a population of 3,000,000 or more and not to | ||||||
21 | exceed $191 in any other county, except as applied to | ||||||
22 | units of local government and school districts in counties | ||||||
23 | with more than 3,000,000 inhabitants an amount not to | ||||||
24 | exceed $75. The fees collected under this schedule shall | ||||||
25 | be disbursed as follows: | ||||||
26 | (A) The clerk shall retain a sum, in an amount not |
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1 | to exceed $50 in a county with a population of | ||||||
2 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
3 | any other county determined by the clerk with the | ||||||
4 | approval of the Supreme Court, to be used for court | ||||||
5 | automation, court document storage, and administrative | ||||||
6 | purposes. | ||||||
7 | (B) The clerk shall remit up to $21 to the State | ||||||
8 | Treasurer. The State Treasurer shall deposit the | ||||||
9 | appropriate amounts, in accordance with the clerk's | ||||||
10 | instructions, as follows: | ||||||
11 | (i) up to $10, as specified by the Supreme | ||||||
12 | Court in accordance with Part 10A of Article II of | ||||||
13 | the Code of Civil Procedure, into the Mandatory | ||||||
14 | Arbitration Fund; | ||||||
15 | (ii) $2 into the Access to Justice Fund; and | ||||||
16 | (iii) $9 into the Supreme Court Special | ||||||
17 | Purposes Fund. | ||||||
18 | (C) The clerk shall remit a sum to the County | ||||||
19 | Treasurer, in an amount not to exceed $159 in a county | ||||||
20 | with a population of 3,000,000 or more and in an amount | ||||||
21 | not to exceed $125 in any other county, as specified by | ||||||
22 | ordinance or resolution passed by the county board, | ||||||
23 | for purposes related to the operation of the court | ||||||
24 | system in the county. | ||||||
25 | (2) SCHEDULE 2: not to exceed a total of $130 in a | ||||||
26 | county with a population of 3,000,000 or more and not to |
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1 | exceed $109 in any other county, except as applied to | ||||||
2 | units of local government and school districts in counties | ||||||
3 | with more than 3,000,000 inhabitants an amount not to | ||||||
4 | exceed $75. The fees collected under this schedule shall | ||||||
5 | be disbursed as follows: | ||||||
6 | (A) The clerk shall retain a sum, in an amount not | ||||||
7 | to exceed $50 in a county with a population of | ||||||
8 | 3,000,000 or more and in an amount not to exceed $10 in | ||||||
9 | any other county determined by the clerk with the | ||||||
10 | approval of the Supreme Court, to be used for court | ||||||
11 | automation, court document storage, and administrative | ||||||
12 | purposes. | ||||||
13 | (B) The clerk shall remit $9 to the State | ||||||
14 | Treasurer, which the State Treasurer shall deposit | ||||||
15 | into the Supreme Court Special Purposes Fund. | ||||||
16 | (C) The clerk shall remit a sum to the County | ||||||
17 | Treasurer, in an amount not to exceed $71 in a county | ||||||
18 | with a population of 3,000,000 or more and in an amount | ||||||
19 | not to exceed $90 in any other county, as specified by | ||||||
20 | ordinance or resolution passed by the county board, | ||||||
21 | for purposes related to the operation of the court | ||||||
22 | system in the county. | ||||||
23 | (3) SCHEDULE 3: $0. | ||||||
24 | (b-5) Kane County and Will County. In Kane County and Will | ||||||
25 | County civil cases, there is an additional fee of up to $30 as | ||||||
26 | set by the county board under Section 5-1101.3 of the Counties |
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1 | Code to be paid by each party at the time of filing the first | ||||||
2 | pleading, paper, or other appearance; provided that no | ||||||
3 | additional fee shall be required if more than one party is | ||||||
4 | represented in a single pleading, paper, or other appearance. | ||||||
5 | Distribution of fees collected under this subsection (b-5) | ||||||
6 | shall be as provided in Section 5-1101.3 of the Counties Code. | ||||||
7 | (c) Counterclaim or third party complaint. When any | ||||||
8 | defendant files a counterclaim or third party complaint, as | ||||||
9 | part of the defendant's answer or otherwise, the defendant | ||||||
10 | shall pay a filing fee for each counterclaim or third party | ||||||
11 | complaint in an amount equal to the filing fee the defendant | ||||||
12 | would have had to pay had the defendant brought a separate | ||||||
13 | action for the relief sought in the counterclaim or third | ||||||
14 | party complaint, less the amount of the appearance fee, if | ||||||
15 | any, that the defendant has already paid in the action in which | ||||||
16 | the counterclaim or third party complaint is filed. | ||||||
17 | (d) Alias summons. The clerk shall collect a fee not to | ||||||
18 | exceed $6 in a county with a population of 3,000,000 or more | ||||||
19 | and not to exceed $5 in any other county for each alias summons | ||||||
20 | or citation issued by the clerk, except as applied to units of | ||||||
21 | local government and school districts in counties with more | ||||||
22 | than 3,000,000 inhabitants an amount not to exceed $5 for each | ||||||
23 | alias summons or citation issued by the clerk. | ||||||
24 | (e) Jury services. The clerk shall collect, in addition to | ||||||
25 | other fees allowed by law, a sum not to exceed $212.50, as a | ||||||
26 | fee for the services of a jury in every civil action not |
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1 | quasi-criminal in its nature and not a proceeding for the | ||||||
2 | exercise of the right of eminent domain and in every other | ||||||
3 | action wherein the right of trial by jury is or may be given by | ||||||
4 | law. The jury fee shall be paid by the party demanding a jury | ||||||
5 | at the time of filing the jury demand. If the fee is not paid | ||||||
6 | by either party, no jury shall be called in the action or | ||||||
7 | proceeding, and the action or proceeding shall be tried by the | ||||||
8 | court without a jury. | ||||||
9 | (f) Change of venue. In connection with a change of venue: | ||||||
10 | (1) The clerk of the jurisdiction from which the case | ||||||
11 | is transferred may charge a fee, not to exceed $40, for the | ||||||
12 | preparation and certification of the record; and | ||||||
13 | (2) The clerk of the jurisdiction to which the case is | ||||||
14 | transferred may charge the same filing fee as if it were | ||||||
15 | the commencement of a new suit. | ||||||
16 | (g) Petition to vacate or modify. | ||||||
17 | (1) In a proceeding involving a petition to vacate or | ||||||
18 | modify any final judgment or order filed within 30 days | ||||||
19 | after the judgment or order was entered, except for an | ||||||
20 | eviction case, small claims case, petition to reopen an | ||||||
21 | estate, petition to modify, terminate, or enforce a | ||||||
22 | judgment or order for child or spousal support, or | ||||||
23 | petition to modify, suspend, or terminate an order for | ||||||
24 | withholding, the fee shall not exceed $60 in a county with | ||||||
25 | a population of 3,000,000 or more and shall not exceed $50 | ||||||
26 | in any other county, except as applied to units of local |
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1 | government and school districts in counties with more than | ||||||
2 | 3,000,000 inhabitants an amount not to exceed $50. | ||||||
3 | (2) In a proceeding involving a petition to vacate or | ||||||
4 | modify any final judgment or order filed more than 30 days | ||||||
5 | after the judgment or order was entered, except for a | ||||||
6 | petition to modify, terminate, or enforce a judgment or | ||||||
7 | order for child or spousal support, or petition to modify, | ||||||
8 | suspend, or terminate an order for withholding, the fee | ||||||
9 | shall not exceed $75. | ||||||
10 | (3) In a proceeding involving a motion to vacate or | ||||||
11 | amend a final order, motion to vacate an ex parte | ||||||
12 | judgment, judgment of forfeiture, or "failure to appear" | ||||||
13 | or "failure to comply" notices sent to the Secretary of | ||||||
14 | State, the fee shall equal $40. | ||||||
15 | (h) Appeals preparation. The fee for preparation of a | ||||||
16 | record on appeal shall be based on the number of pages, as | ||||||
17 | follows: | ||||||
18 | (1) if the record contains no more than 100 pages, the | ||||||
19 | fee shall not exceed $70 in a county with a population of | ||||||
20 | 3,000,000 or more and shall not exceed $50 in any other | ||||||
21 | county; | ||||||
22 | (2) if the record contains between 100 and 200 pages, | ||||||
23 | the fee shall not exceed $100; and | ||||||
24 | (3) if the record contains 200 or more pages, the | ||||||
25 | clerk may collect an additional fee not to exceed 25 cents | ||||||
26 | per page. |
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1 | (i) Remands. In any cases remanded to the circuit court | ||||||
2 | from the Supreme Court or the appellate court for a new trial, | ||||||
3 | the clerk shall reinstate the case with either its original | ||||||
4 | number or a new number. The clerk shall not charge any new or | ||||||
5 | additional fee for the reinstatement. Upon reinstatement, the | ||||||
6 | clerk shall advise the parties of the reinstatement. Parties | ||||||
7 | shall have the same right to a jury trial on remand and | ||||||
8 | reinstatement that they had before the appeal, and no | ||||||
9 | additional or new fee or charge shall be made for a jury trial | ||||||
10 | after remand. | ||||||
11 | (j) Garnishment, wage deduction, and citation. In | ||||||
12 | garnishment affidavit, wage deduction affidavit, and citation | ||||||
13 | petition proceedings: | ||||||
14 | (1) if the amount in controversy in the proceeding is | ||||||
15 | not more than $1,000, the fee may not exceed $35 in a | ||||||
16 | county with a population of 3,000,000 or more and may not | ||||||
17 | exceed $15 in any other county, except as applied to units | ||||||
18 | of local government and school districts in counties with | ||||||
19 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
20 | $15; | ||||||
21 | (2) if the amount in controversy in the proceeding is | ||||||
22 | greater than $1,000 and not more than $5,000, the fee may | ||||||
23 | not exceed $45 in a county with a population of 3,000,000 | ||||||
24 | or more and may not exceed $30 in any other county, except | ||||||
25 | as applied to units of local government and school | ||||||
26 | districts in counties with more than 3,000,000 inhabitants |
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1 | an amount not to exceed $30; and | ||||||
2 | (3) if the amount in controversy in the proceeding is | ||||||
3 | greater than $5,000, the fee may not exceed $65 in a county | ||||||
4 | with a population of 3,000,000 or more and may not exceed | ||||||
5 | $50 in any other county, except as applied to units of | ||||||
6 | local government and school districts in counties with | ||||||
7 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
8 | $50. | ||||||
9 | (j-5) Debt collection. In any proceeding to collect a debt | ||||||
10 | subject to the exception in item (ii) of subparagraph (A-5) of | ||||||
11 | paragraph (1) of subsection (z) of this Section, the circuit | ||||||
12 | court shall order and the clerk shall collect from each | ||||||
13 | judgment debtor a fee of: | ||||||
14 | (1) $35 if the amount in controversy in the proceeding | ||||||
15 | is not more than $1,000; | ||||||
16 | (2) $45 if the amount in controversy in the proceeding | ||||||
17 | is greater than $1,000 and not more than $5,000; and | ||||||
18 | (3) $65 if the amount in controversy in the proceeding | ||||||
19 | is greater than $5,000. | ||||||
20 | (k) Collections. | ||||||
21 | (1) For all collections made of others, except the | ||||||
22 | State and county and except in maintenance or child | ||||||
23 | support cases, the clerk may collect a fee of up to 2.5% of | ||||||
24 | the amount collected and turned over. | ||||||
25 | (2) In child support and maintenance cases, the clerk | ||||||
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 is 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. | ||||||
16 | (3) The clerk may collect a fee of $5 for | ||||||
17 | certifications made to the Secretary of State as provided | ||||||
18 | in Section 7-703 of the Illinois Vehicle Code, and this | ||||||
19 | fee shall be deposited into the Separate Maintenance and | ||||||
20 | Child Support Collection Fund. | ||||||
21 | (4) In proceedings
to foreclose the lien of delinquent | ||||||
22 | real estate taxes, State's Attorneys
shall receive a fee | ||||||
23 | of 10%
of the total amount realized from the sale of real | ||||||
24 | estate sold in the
proceedings. The clerk shall collect | ||||||
25 | the fee from the total amount realized from
the sale of the | ||||||
26 | real estate sold in the proceedings and remit to the |
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1 | County Treasurer to be credited to the earnings of the | ||||||
2 | Office of the State's Attorney. | ||||||
3 | (l) Mailing. The fee for the clerk mailing documents shall | ||||||
4 | not exceed $10 plus the cost of postage. | ||||||
5 | (m) Certified copies. The fee for each certified copy of a | ||||||
6 | judgment, after the first copy, shall not exceed $10. | ||||||
7 | (n) Certification, authentication, and reproduction. | ||||||
8 | (1) The fee for each certification or authentication | ||||||
9 | for taking the acknowledgment of a deed or other | ||||||
10 | instrument in writing with the seal of office shall not | ||||||
11 | exceed $6. | ||||||
12 | (2) The fee for reproduction of any document contained | ||||||
13 | in the clerk's files shall not exceed: | ||||||
14 | (A) $2 for the first page; | ||||||
15 | (B) 50 cents per page for the next 19 pages; and | ||||||
16 | (C) 25 cents per page for all additional pages. | ||||||
17 | (o) Record search. For each record search, within a | ||||||
18 | division or municipal district, the clerk may collect a search | ||||||
19 | fee not to exceed $6 for each year searched. | ||||||
20 | (p) Hard copy. For each page of hard copy print output, | ||||||
21 | when case records are maintained on an automated medium, the | ||||||
22 | clerk may collect a fee not to exceed $10 in a county with a | ||||||
23 | population of 3,000,000 or more and not to exceed $6 in any | ||||||
24 | other county, except as applied to units of local government | ||||||
25 | and school districts in counties with more than 3,000,000 | ||||||
26 | inhabitants an amount not to exceed $6. |
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1 | (q) Index inquiry and other records. No fee shall be | ||||||
2 | charged for a single plaintiff and defendant index inquiry or | ||||||
3 | single case record inquiry when this request is made in person | ||||||
4 | and the records are maintained in a current automated medium, | ||||||
5 | and when no hard copy print output is requested. The fees to be | ||||||
6 | charged for management records, multiple case records, and | ||||||
7 | multiple journal records may be specified by the Chief Judge | ||||||
8 | pursuant to the guidelines for access and dissemination of | ||||||
9 | information approved by the Supreme Court. | ||||||
10 | (r) Performing a marriage. There shall be a $10 fee for | ||||||
11 | performing a marriage in court. | ||||||
12 | (s) Voluntary assignment. For filing each deed of | ||||||
13 | voluntary assignment, the clerk shall collect a fee not to | ||||||
14 | exceed $20. For recording a deed of voluntary assignment, the | ||||||
15 | clerk shall collect a fee not to exceed 50 cents for each 100 | ||||||
16 | words. Exceptions filed to claims presented to an assignee of | ||||||
17 | a debtor who has made a voluntary assignment for the benefit of | ||||||
18 | creditors shall be considered and treated, for the purpose of | ||||||
19 | taxing costs therein, as actions in which the party or parties | ||||||
20 | filing the exceptions shall be considered as party or parties | ||||||
21 | plaintiff, and the claimant or claimants as party or parties | ||||||
22 | defendant, and those parties respectively shall pay to the | ||||||
23 | clerk the same fees as provided by this Section to be paid in | ||||||
24 | other actions. | ||||||
25 | (t) Expungement petition. The clerk may collect a fee not | ||||||
26 | to exceed $60 for each expungement petition filed and an |
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1 | additional fee not to exceed $4 for each certified copy of an | ||||||
2 | order to expunge arrest records. | ||||||
3 | (u) Transcripts of judgment. For the filing of a | ||||||
4 | transcript of judgment, the clerk may collect the same fee as | ||||||
5 | if it were the commencement of a new suit. | ||||||
6 | (v) Probate filings. | ||||||
7 | (1) For each account (other than one final account) | ||||||
8 | filed in the estate of a decedent, or ward, the fee shall | ||||||
9 | not exceed $25. | ||||||
10 | (2) For filing a claim in an estate when the amount | ||||||
11 | claimed is greater than $150 and not more than $500, the | ||||||
12 | fee shall not exceed $40 in a county with a population of | ||||||
13 | 3,000,000 or more and shall not exceed $25 in any other | ||||||
14 | county; when the amount claimed is greater than $500 and | ||||||
15 | not more than $10,000, the fee shall not exceed $55 in a | ||||||
16 | county with a population of 3,000,000 or more and shall | ||||||
17 | not exceed $40 in any other county; and when the amount | ||||||
18 | claimed is more than $10,000, the fee shall not exceed $75 | ||||||
19 | in a county with a population of 3,000,000 or more and | ||||||
20 | shall not exceed $60 in any other county; except the court | ||||||
21 | in allowing a claim may add to the amount allowed the | ||||||
22 | filing fee paid by the claimant. | ||||||
23 | (3) For filing in an estate a claim, petition, or | ||||||
24 | supplemental proceeding based upon an action seeking | ||||||
25 | equitable relief including the construction or contest of | ||||||
26 | a will, enforcement of a contract to make a will, and |
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1 | proceedings involving testamentary trusts or the | ||||||
2 | appointment of testamentary trustees, the fee shall not | ||||||
3 | exceed $60. | ||||||
4 | (4) There shall be no fee for filing in an estate: (i) | ||||||
5 | the appearance of any person for the purpose of consent; | ||||||
6 | or (ii) the appearance of an executor, administrator, | ||||||
7 | administrator to collect, guardian, guardian ad litem, or | ||||||
8 | special administrator. | ||||||
9 | (5) For each jury demand, the fee shall not exceed | ||||||
10 | $137.50. | ||||||
11 | (6) For each certified copy of letters of office, of | ||||||
12 | court order, or other certification, the fee shall not | ||||||
13 | exceed
$2 per page. | ||||||
14 | (7) For each exemplification, the fee shall not exceed | ||||||
15 | $2, plus the fee for certification. | ||||||
16 | (8) The executor, administrator, guardian, petitioner, | ||||||
17 | or other interested person or his or her attorney shall | ||||||
18 | pay the cost of publication by the clerk directly to the | ||||||
19 | newspaper. | ||||||
20 | (9) The person on whose behalf a charge is incurred | ||||||
21 | for witness, court reporter, appraiser, or other | ||||||
22 | miscellaneous fees shall pay the same directly to the | ||||||
23 | person entitled thereto. | ||||||
24 | (10) The executor, administrator, guardian, | ||||||
25 | petitioner, or other interested person or his or her | ||||||
26 | attorney shall pay to the clerk all postage charges |
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1 | incurred by the clerk in mailing petitions, orders, | ||||||
2 | notices, or other documents pursuant to the provisions of | ||||||
3 | the Probate Act of 1975. | ||||||
4 | (w) Corrections of numbers. For correction of the case | ||||||
5 | number, case title, or attorney computer identification | ||||||
6 | number, if required by rule of court, on any document filed in | ||||||
7 | the clerk's office, to be charged against the party that filed | ||||||
8 | the document, the fee shall not exceed $25. | ||||||
9 | (x) Miscellaneous. | ||||||
10 | (1) Interest earned on any fees collected by the clerk | ||||||
11 | shall be turned over to the county general fund as an | ||||||
12 | earning of the office. | ||||||
13 | (2) For any check, draft, or other bank instrument | ||||||
14 | returned to the clerk for non-sufficient funds, account | ||||||
15 | closed, or payment stopped, the clerk shall collect a fee | ||||||
16 | of $25. | ||||||
17 | (y) Other fees. Any fees not covered in this Section shall | ||||||
18 | be set by rule or administrative order of the circuit court | ||||||
19 | with the approval of the Administrative Office of the Illinois | ||||||
20 | Courts. The clerk of the circuit court may provide services in | ||||||
21 | connection with the operation of the clerk's office, other | ||||||
22 | than those services mentioned in this Section, as may be | ||||||
23 | requested by the public and agreed to by the clerk and approved | ||||||
24 | by the Chief Judge. Any charges for additional services shall | ||||||
25 | be as agreed to between the clerk and the party making the | ||||||
26 | request and approved by the Chief Judge. Nothing in this |
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1 | subsection shall be construed to require any clerk to provide | ||||||
2 | any service not otherwise required by law. | ||||||
3 | (y-5) Unpaid fees. Unless a court ordered payment schedule | ||||||
4 | is implemented or the fee
requirements of this Section are | ||||||
5 | waived under a court order, the clerk of
the circuit court may | ||||||
6 | add to any unpaid fees and costs under this Section a | ||||||
7 | delinquency
amount equal to 5% of the unpaid fees that remain | ||||||
8 | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
9 | after 60 days, and 15% of the unpaid fees
that remain unpaid | ||||||
10 | after 90 days. Notice to those parties may be made by
signage | ||||||
11 | posting or publication. The additional delinquency amounts | ||||||
12 | collected under this Section shall
be deposited into the | ||||||
13 | Circuit Court Clerk Operations and Administration Fund and | ||||||
14 | used to defray additional administrative costs incurred by the | ||||||
15 | clerk of the
circuit court in collecting unpaid fees and | ||||||
16 | costs. | ||||||
17 | (z) Exceptions. | ||||||
18 | (1) No fee authorized by this Section shall apply to: | ||||||
19 | (A) police departments or other law enforcement | ||||||
20 | agencies. In this Section, "law enforcement agency" | ||||||
21 | means: an agency of the State or agency of a unit of | ||||||
22 | local government which is vested by law or ordinance | ||||||
23 | with the duty to maintain public order and to enforce | ||||||
24 | criminal laws or ordinances; the Attorney General; or | ||||||
25 | any State's Attorney; | ||||||
26 | (A-5) any unit of local government or school |
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1 | district, except in counties having a population of | ||||||
2 | 500,000 or more the county board may by resolution set | ||||||
3 | fees for units of local government or school districts | ||||||
4 | no greater than the minimum fees applicable in | ||||||
5 | counties with a population less than 3,000,000; | ||||||
6 | provided however, no fee may be charged to any unit of | ||||||
7 | local government or school district in connection with | ||||||
8 | any action which, in whole or in part, is: (i) to | ||||||
9 | enforce an ordinance; (ii) to collect a debt; or (iii) | ||||||
10 | under the Administrative Review Law; | ||||||
11 | (B) any action instituted by the corporate | ||||||
12 | authority of a municipality with more than 1,000,000 | ||||||
13 | inhabitants under Section 11-31-1 of the Illinois | ||||||
14 | Municipal Code and any action instituted under | ||||||
15 | subsection (b) of Section 11-31-1 of the Illinois | ||||||
16 | Municipal Code by a private owner or tenant of real | ||||||
17 | property within 1,200 feet of a dangerous or unsafe | ||||||
18 | building seeking an order compelling the owner or | ||||||
19 | owners of the building to take any of the actions | ||||||
20 | authorized under that subsection; | ||||||
21 | (C) any commitment petition or petition for an | ||||||
22 | order authorizing the administration of psychotropic | ||||||
23 | medication or electroconvulsive therapy under the | ||||||
24 | Mental Health and Developmental Disabilities Code; | ||||||
25 | (D) a petitioner in any order of protection | ||||||
26 | proceeding, including, but not limited to, fees for |
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1 | filing, modifying, withdrawing, certifying, or | ||||||
2 | photocopying petitions for orders of protection, | ||||||
3 | issuing alias summons, any related filing service, or | ||||||
4 | certifying, modifying, vacating, or photocopying any | ||||||
5 | orders of protection; or | ||||||
6 | (E) proceedings for the appointment of a | ||||||
7 | confidential intermediary under the Adoption Act. | ||||||
8 | (2) No fee other than the filing fee contained in the | ||||||
9 | applicable schedule in subsection (a) shall be charged to | ||||||
10 | any person in connection with an adoption proceeding. | ||||||
11 | (3) Upon good cause shown, the court may waive any | ||||||
12 | fees associated with a special needs adoption. The term | ||||||
13 | "special needs adoption" has the meaning provided by the | ||||||
14 | Illinois Department of Children and Family Services. | ||||||
15 | (aa) This Section is repealed on January 1, 2024.
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16 | (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | ||||||
17 | 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
18 | 5-13-22.)
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19 | (705 ILCS 135/20-5 rep.) | ||||||
20 | Section 14. The Criminal and Traffic Assessment Act is | ||||||
21 | amended by repealing Section 20-5.".
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