Illinois General Assembly - Full Text of SB0197
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Full Text of SB0197  102nd General Assembly

SB0197 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0197

 

Introduced 2/9/2021, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.1b
705 ILCS 135/20-5

    Amends the Criminal and Traffic Assessment Act. Repeals the Act on January 1, 2023 (rather than January 1, 2022). Amends the Clerks of Courts Act. Provides that a Section concerning circuit court clerk fees is repealed on January 1, 2023 (rather than January 1, 2022). Effective immediately.


LRB102 04117 LNS 14134 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0197LRB102 04117 LNS 14134 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 27.1b as follows:
 
6    (705 ILCS 105/27.1b)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
9other provision of law, all fees charged by the clerks of the
10circuit court for the services described in this Section shall
11be established, collected, and disbursed in accordance with
12this Section. Except as otherwise specified in this Section,
13all fees under this Section shall be paid in advance and
14disbursed by each clerk on a monthly basis. In a county with a
15population of over 3,000,000, units of local government and
16school districts shall not be required to pay fees under this
17Section in advance and the clerk shall instead send an
18itemized bill to the unit of local government or school
19district, within 30 days of the fee being incurred, and the
20unit of local government or school district shall be allowed
21at least 30 days from the date of the itemized bill to pay;
22these payments shall be disbursed by each clerk on a monthly
23basis. Unless otherwise specified in this Section, the amount

 

 

SB0197- 2 -LRB102 04117 LNS 14134 b

1of a fee shall be determined by ordinance or resolution of the
2county board and remitted to the county treasurer to be used
3for purposes related to the operation of the court system in
4the county. In a county with a population of over 3,000,000,
5any amount retained by the clerk of the circuit court or
6remitted to the county treasurer shall be subject to
7appropriation by the county board.
8    (a) Civil cases. The fee for filing a complaint, petition,
9or other pleading initiating a civil action shall be as set
10forth in the applicable schedule under this subsection in
11accordance with case categories established by the Supreme
12Court in schedules.
13        (1) SCHEDULE 1: not to exceed a total of $366 in a
14    county with a population of 3,000,000 or more and not to
15    exceed $316 in any other county, except as applied to
16    units of local government and school districts in counties
17    with more than 3,000,000 inhabitants an amount not to
18    exceed $190 through December 31, 2021 and $184 on and
19    after January 1, 2022. The fees collected under this
20    schedule shall be disbursed as follows:
21            (A) The clerk shall retain a sum, in an amount not
22        to exceed $55 in a county with a population of
23        3,000,000 or more and in an amount not to exceed $45 in
24        any other county determined by the clerk with the
25        approval of the Supreme Court, to be used for court
26        automation, court document storage, and administrative

 

 

SB0197- 3 -LRB102 04117 LNS 14134 b

1        purposes.
2            (B) The clerk shall remit up to $21 to the State
3        Treasurer. The State Treasurer shall deposit the
4        appropriate amounts, in accordance with the clerk's
5        instructions, as follows:
6                (i) up to $10, as specified by the Supreme
7            Court in accordance with Part 10A of Article II of
8            the Code of Civil Procedure, into the Mandatory
9            Arbitration Fund;
10                (ii) $2 into the Access to Justice Fund; and
11                (iii) $9 into the Supreme Court Special
12            Purposes Fund.
13            (C) The clerk shall remit a sum to the County
14        Treasurer, in an amount not to exceed $290 in a county
15        with a population of 3,000,000 or more and in an amount
16        not to exceed $250 in any other county, as specified by
17        ordinance or resolution passed by the county board,
18        for purposes related to the operation of the court
19        system in the county.
20        (2) SCHEDULE 2: not to exceed a total of $357 in a
21    county with a population of 3,000,000 or more and not to
22    exceed $266 in any other county, except as applied to
23    units of local government and school districts in counties
24    with more than 3,000,000 inhabitants an amount not to
25    exceed $190 through December 31, 2021 and $184 on and
26    after January 1, 2022. The fees collected under this

 

 

SB0197- 4 -LRB102 04117 LNS 14134 b

1    schedule shall be disbursed as follows:
2            (A) The clerk shall retain a sum, in an amount not
3        to exceed $55 in a county with a population of
4        3,000,000 or more and in an amount not to exceed $45 in
5        any other county determined by the clerk with the
6        approval of the Supreme Court, to be used for court
7        automation, court document storage, and administrative
8        purposes.
9            (B) The clerk shall remit up to $21 to the State
10        Treasurer. The State Treasurer shall deposit the
11        appropriate amounts, in accordance with the clerk's
12        instructions, as follows:
13                (i) up to $10, as specified by the Supreme
14            Court in accordance with Part 10A of Article II of
15            the Code of Civil Procedure, into the Mandatory
16            Arbitration Fund;
17                (ii) $2 into the Access to Justice Fund: and
18                (iii) $9 into the Supreme Court Special
19            Purposes Fund.
20            (C) The clerk shall remit a sum to the County
21        Treasurer, in an amount not to exceed $281 in a county
22        with a population of 3,000,000 or more and in an amount
23        not to exceed $200 in any other county, as specified by
24        ordinance or resolution passed by the county board,
25        for purposes related to the operation of the court
26        system in the county.

 

 

SB0197- 5 -LRB102 04117 LNS 14134 b

1        (3) SCHEDULE 3: not to exceed a total of $265 in a
2    county with a population of 3,000,000 or more and not to
3    exceed $89 in any other county, except as applied to units
4    of local government and school districts in counties with
5    more than 3,000,000 inhabitants an amount not to exceed
6    $190 through December 31, 2021 and $184 on and after
7    January 1, 2022. The fees collected under this schedule
8    shall be disbursed as follows:
9            (A) The clerk shall retain a sum, in an amount not
10        to exceed $55 in a county with a population of
11        3,000,000 or more and in an amount not to exceed $22 in
12        any other county determined by the clerk with the
13        approval of the Supreme Court, to be used for court
14        automation, court document storage, and administrative
15        purposes.
16            (B) The clerk shall remit $11 to the State
17        Treasurer. The State Treasurer shall deposit the
18        appropriate amounts in accordance with the clerk's
19        instructions, as follows:
20                (i) $2 into the Access to Justice Fund; and
21                (ii) $9 into the Supreme Court Special
22            Purposes Fund.
23            (C) The clerk shall remit a sum to the County
24        Treasurer, in an amount not to exceed $199 in a county
25        with a population of 3,000,000 or more and in an amount
26        not to exceed $56 in any other county, as specified by

 

 

SB0197- 6 -LRB102 04117 LNS 14134 b

1        ordinance or resolution passed by the county board,
2        for purposes related to the operation of the court
3        system in the county.
4        (4) SCHEDULE 4: $0.
5    (b) Appearance. The fee for filing an appearance in a
6civil action, including a cannabis civil law action under the
7Cannabis Control Act, shall be as set forth in the applicable
8schedule under this subsection in accordance with case
9categories established by the Supreme Court in schedules.
10        (1) SCHEDULE 1: not to exceed a total of $230 in a
11    county with a population of 3,000,000 or more and not to
12    exceed $191 in any other county, except as applied to
13    units of local government and school districts in counties
14    with more than 3,000,000 inhabitants an amount not to
15    exceed $75. The fees collected under this schedule shall
16    be disbursed as follows:
17            (A) The clerk shall retain a sum, in an amount not
18        to exceed $50 in a county with a population of
19        3,000,000 or more and in an amount not to exceed $45 in
20        any other county determined by the clerk with the
21        approval of the Supreme Court, to be used for court
22        automation, court document storage, and administrative
23        purposes.
24            (B) The clerk shall remit up to $21 to the State
25        Treasurer. The State Treasurer shall deposit the
26        appropriate amounts, in accordance with the clerk's

 

 

SB0197- 7 -LRB102 04117 LNS 14134 b

1        instructions, as follows:
2                (i) up to $10, as specified by the Supreme
3            Court in accordance with Part 10A of Article II of
4            the Code of Civil Procedure, into the Mandatory
5            Arbitration Fund;
6                (ii) $2 into the Access to Justice Fund; and
7                (iii) $9 into the Supreme Court Special
8            Purposes Fund.
9            (C) The clerk shall remit a sum to the County
10        Treasurer, in an amount not to exceed $159 in a county
11        with a population of 3,000,000 or more and in an amount
12        not to exceed $125 in any other county, as specified by
13        ordinance or resolution passed by the county board,
14        for purposes related to the operation of the court
15        system in the county.
16        (2) SCHEDULE 2: not to exceed a total of $130 in a
17    county with a population of 3,000,000 or more and not to
18    exceed $109 in any other county, except as applied to
19    units of local government and school districts in counties
20    with more than 3,000,000 inhabitants an amount not to
21    exceed $75. The fees collected under this schedule shall
22    be disbursed as follows:
23            (A) The clerk shall retain a sum, in an amount not
24        to exceed $50 in a county with a population of
25        3,000,000 or more and in an amount not to exceed $10 in
26        any other county determined by the clerk with the

 

 

SB0197- 8 -LRB102 04117 LNS 14134 b

1        approval of the Supreme Court, to be used for court
2        automation, court document storage, and administrative
3        purposes.
4            (B) The clerk shall remit $9 to the State
5        Treasurer, which the State Treasurer shall deposit
6        into the Supreme Court Special Purpose Fund.
7            (C) The clerk shall remit a sum to the County
8        Treasurer, in an amount not to exceed $71 in a county
9        with a population of 3,000,000 or more and in an amount
10        not to exceed $90 in any other county, as specified by
11        ordinance or resolution passed by the county board,
12        for purposes related to the operation of the court
13        system in the county.
14        (3) SCHEDULE 3: $0.
15    (b-5) Kane County and Will County. In Kane County and Will
16County civil cases, there is an additional fee of up to $30 as
17set by the county board under Section 5-1101.3 of the Counties
18Code to be paid by each party at the time of filing the first
19pleading, paper, or other appearance; provided that no
20additional fee shall be required if more than one party is
21represented in a single pleading, paper, or other appearance.
22Distribution of fees collected under this subsection (b-5)
23shall be as provided in Section 5-1101.3 of the Counties Code.
24    (c) Counterclaim or third party complaint. When any
25defendant files a counterclaim or third party complaint, as
26part of the defendant's answer or otherwise, the defendant

 

 

SB0197- 9 -LRB102 04117 LNS 14134 b

1shall pay a filing fee for each counterclaim or third party
2complaint in an amount equal to the filing fee the defendant
3would have had to pay had the defendant brought a separate
4action for the relief sought in the counterclaim or third
5party complaint, less the amount of the appearance fee, if
6any, that the defendant has already paid in the action in which
7the counterclaim or third party complaint is filed.
8    (d) Alias summons. The clerk shall collect a fee not to
9exceed $6 in a county with a population of 3,000,000 or more
10and not to exceed $5 in any other county for each alias summons
11or citation issued by the clerk, except as applied to units of
12local government and school districts in counties with more
13than 3,000,000 inhabitants an amount not to exceed $5 for each
14alias summons or citation issued by the clerk.
15    (e) Jury services. The clerk shall collect, in addition to
16other fees allowed by law, a sum not to exceed $212.50, as a
17fee for the services of a jury in every civil action not
18quasi-criminal in its nature and not a proceeding for the
19exercise of the right of eminent domain and in every other
20action wherein the right of trial by jury is or may be given by
21law. The jury fee shall be paid by the party demanding a jury
22at the time of filing the jury demand. If the fee is not paid
23by either party, no jury shall be called in the action or
24proceeding, and the action or proceeding shall be tried by the
25court without a jury.
26    (f) Change of venue. In connection with a change of venue:

 

 

SB0197- 10 -LRB102 04117 LNS 14134 b

1        (1) The clerk of the jurisdiction from which the case
2    is transferred may charge a fee, not to exceed $40, for the
3    preparation and certification of the record; and
4        (2) The clerk of the jurisdiction to which the case is
5    transferred may charge the same filing fee as if it were
6    the commencement of a new suit.
7    (g) Petition to vacate or modify.
8        (1) In a proceeding involving a petition to vacate or
9    modify any final judgment or order filed within 30 days
10    after the judgment or order was entered, except for an
11    eviction case, small claims case, petition to reopen an
12    estate, petition to modify, terminate, or enforce a
13    judgment or order for child or spousal support, or
14    petition to modify, suspend, or terminate an order for
15    withholding, the fee shall not exceed $60 in a county with
16    a population of 3,000,000 or more and shall not exceed $50
17    in any other county, except as applied to units of local
18    government and school districts in counties with more than
19    3,000,000 inhabitants an amount not to exceed $50.
20        (2) In a proceeding involving a petition to vacate or
21    modify any final judgment or order filed more than 30 days
22    after the judgment or order was entered, except for a
23    petition to modify, terminate, or enforce a judgment or
24    order for child or spousal support, or petition to modify,
25    suspend, or terminate an order for withholding, the fee
26    shall not exceed $75.

 

 

SB0197- 11 -LRB102 04117 LNS 14134 b

1        (3) In a proceeding involving a motion to vacate or
2    amend a final order, motion to vacate an ex parte
3    judgment, judgment of forfeiture, or "failure to appear"
4    or "failure to comply" notices sent to the Secretary of
5    State, the fee shall equal $40.
6    (h) Appeals preparation. The fee for preparation of a
7record on appeal shall be based on the number of pages, as
8follows:
9        (1) if the record contains no more than 100 pages, the
10    fee shall not exceed $70 in a county with a population of
11    3,000,000 or more and shall not exceed $50 in any other
12    county;
13        (2) if the record contains between 100 and 200 pages,
14    the fee shall not exceed $100; and
15        (3) if the record contains 200 or more pages, the
16    clerk may collect an additional fee not to exceed 25 cents
17    per page.
18    (i) Remands. In any cases remanded to the circuit court
19from the Supreme Court or the appellate court for a new trial,
20the clerk shall reinstate the case with either its original
21number or a new number. The clerk shall not charge any new or
22additional fee for the reinstatement. Upon reinstatement, the
23clerk shall advise the parties of the reinstatement. Parties
24shall have the same right to a jury trial on remand and
25reinstatement that they had before the appeal, and no
26additional or new fee or charge shall be made for a jury trial

 

 

SB0197- 12 -LRB102 04117 LNS 14134 b

1after remand.
2    (j) Garnishment, wage deduction, and citation. In
3garnishment affidavit, wage deduction affidavit, and citation
4petition proceedings:
5        (1) if the amount in controversy in the proceeding is
6    not more than $1,000, the fee may not exceed $35 in a
7    county with a population of 3,000,000 or more and may not
8    exceed $15 in any other county, except as applied to units
9    of local government and school districts in counties with
10    more than 3,000,000 inhabitants an amount not to exceed
11    $15;
12        (2) if the amount in controversy in the proceeding is
13    greater than $1,000 and not more than $5,000, the fee may
14    not exceed $45 in a county with a population of 3,000,000
15    or more and may not exceed $30 in any other county, except
16    as applied to units of local government and school
17    districts in counties with more than 3,000,000 inhabitants
18    an amount not to exceed $30; and
19        (3) if the amount in controversy in the proceeding is
20    greater than $5,000, the fee may not exceed $65 in a county
21    with a population of 3,000,000 or more and may not exceed
22    $50 in any other county, except as applied to units of
23    local government and school districts in counties with
24    more than 3,000,000 inhabitants an amount not to exceed
25    $50.
26    (j-5) Debt collection. In any proceeding to collect a debt

 

 

SB0197- 13 -LRB102 04117 LNS 14134 b

1subject to the exception in item (ii) of subparagraph (A-5) of
2paragraph (1) of subsection (z) of this Section, the circuit
3court shall order and the clerk shall collect from each
4judgment debtor a fee of:
5        (1) $35 if the amount in controversy in the proceeding
6    is not more than $1,000;
7        (2) $45 if the amount in controversy in the proceeding
8    is greater than $1,000 and not more than $5,000; and
9        (3) $65 if the amount in controversy in the proceeding
10    is greater than $5,000.
11    (k) Collections.
12        (1) For all collections made of others, except the
13    State and county and except in maintenance or child
14    support cases, the clerk may collect a fee of up to 2.5% of
15    the amount collected and turned over.
16        (2) In child support and maintenance cases, the clerk
17    may collect an annual fee of up to $36 from the person
18    making payment for maintaining child support records and
19    the processing of support orders to the State of Illinois
20    KIDS system and the recording of payments issued by the
21    State Disbursement Unit for the official record of the
22    Court. This fee is in addition to and separate from
23    amounts ordered to be paid as maintenance or child support
24    and shall be deposited into a Separate Maintenance and
25    Child Support Collection Fund, of which the clerk shall be
26    the custodian, ex officio, to be used by the clerk to

 

 

SB0197- 14 -LRB102 04117 LNS 14134 b

1    maintain child support orders and record all payments
2    issued by the State Disbursement Unit for the official
3    record of the Court. The clerk may recover from the person
4    making the maintenance or child support payment any
5    additional cost incurred in the collection of this annual
6    fee.
7        (3) The clerk may collect a fee of $5 for
8    certifications made to the Secretary of State as provided
9    in Section 7-703 of the Illinois Vehicle Code, and this
10    fee shall be deposited into the Separate Maintenance and
11    Child Support Collection Fund.
12        (4) In proceedings to foreclose the lien of delinquent
13    real estate taxes, State's Attorneys shall receive a fee
14    of 10% of the total amount realized from the sale of real
15    estate sold in the proceedings. The clerk shall collect
16    the fee from the total amount realized from the sale of the
17    real estate sold in the proceedings and remit to the
18    County Treasurer to be credited to the earnings of the
19    Office of the State's Attorney.
20    (l) Mailing. The fee for the clerk mailing documents shall
21not exceed $10 plus the cost of postage.
22    (m) Certified copies. The fee for each certified copy of a
23judgment, after the first copy, shall not exceed $10.
24    (n) Certification, authentication, and reproduction.
25        (1) The fee for each certification or authentication
26    for taking the acknowledgment of a deed or other

 

 

SB0197- 15 -LRB102 04117 LNS 14134 b

1    instrument in writing with the seal of office shall not
2    exceed $6.
3        (2) The fee for reproduction of any document contained
4    in the clerk's files shall not exceed:
5            (A) $2 for the first page;
6            (B) 50 cents per page for the next 19 pages; and
7            (C) 25 cents per page for all additional pages.
8    (o) Record search. For each record search, within a
9division or municipal district, the clerk may collect a search
10fee not to exceed $6 for each year searched.
11    (p) Hard copy. For each page of hard copy print output,
12when case records are maintained on an automated medium, the
13clerk may collect a fee not to exceed $10 in a county with a
14population of 3,000,000 or more and not to exceed $6 in any
15other county, except as applied to units of local government
16and school districts in counties with more than 3,000,000
17inhabitants an amount not to exceed $6.
18    (q) Index inquiry and other records. No fee shall be
19charged for a single plaintiff and defendant index inquiry or
20single case record inquiry when this request is made in person
21and the records are maintained in a current automated medium,
22and when no hard copy print output is requested. The fees to be
23charged for management records, multiple case records, and
24multiple journal records may be specified by the Chief Judge
25pursuant to the guidelines for access and dissemination of
26information approved by the Supreme Court.

 

 

SB0197- 16 -LRB102 04117 LNS 14134 b

1    (r) Performing a marriage. There shall be a $10 fee for
2performing a marriage in court.
3    (s) Voluntary assignment. For filing each deed of
4voluntary assignment, the clerk shall collect a fee not to
5exceed $20. For recording a deed of voluntary assignment, the
6clerk shall collect a fee not to exceed 50 cents for each 100
7words. Exceptions filed to claims presented to an assignee of
8a debtor who has made a voluntary assignment for the benefit of
9creditors shall be considered and treated, for the purpose of
10taxing costs therein, as actions in which the party or parties
11filing the exceptions shall be considered as party or parties
12plaintiff, and the claimant or claimants as party or parties
13defendant, and those parties respectively shall pay to the
14clerk the same fees as provided by this Section to be paid in
15other actions.
16    (t) Expungement petition. The clerk may collect a fee not
17to exceed $60 for each expungement petition filed and an
18additional fee not to exceed $4 for each certified copy of an
19order to expunge arrest records.
20    (u) Transcripts of judgment. For the filing of a
21transcript of judgment, the clerk may collect the same fee as
22if it were the commencement of a new suit.
23    (v) Probate filings.
24        (1) For each account (other than one final account)
25    filed in the estate of a decedent, or ward, the fee shall
26    not exceed $25.

 

 

SB0197- 17 -LRB102 04117 LNS 14134 b

1        (2) For filing a claim in an estate when the amount
2    claimed is greater than $150 and not more than $500, the
3    fee shall not exceed $40 in a county with a population of
4    3,000,000 or more and shall not exceed $25 in any other
5    county; when the amount claimed is greater than $500 and
6    not more than $10,000, the fee shall not exceed $55 in a
7    county with a population of 3,000,000 or more and shall
8    not exceed $40 in any other county; and when the amount
9    claimed is more than $10,000, the fee shall not exceed $75
10    in a county with a population of 3,000,000 or more and
11    shall not exceed $60 in any other county; except the court
12    in allowing a claim may add to the amount allowed the
13    filing fee paid by the claimant.
14        (3) For filing in an estate a claim, petition, or
15    supplemental proceeding based upon an action seeking
16    equitable relief including the construction or contest of
17    a will, enforcement of a contract to make a will, and
18    proceedings involving testamentary trusts or the
19    appointment of testamentary trustees, the fee shall not
20    exceed $60.
21        (4) There shall be no fee for filing in an estate: (i)
22    the appearance of any person for the purpose of consent;
23    or (ii) the appearance of an executor, administrator,
24    administrator to collect, guardian, guardian ad litem, or
25    special administrator.
26        (5) For each jury demand, the fee shall not exceed

 

 

SB0197- 18 -LRB102 04117 LNS 14134 b

1    $137.50.
2        (6) For each certified copy of letters of office, of
3    court order, or other certification, the fee shall not
4    exceed $2 per page.
5        (7) For each exemplification, the fee shall not exceed
6    $2, plus the fee for certification.
7        (8) The executor, administrator, guardian, petitioner,
8    or other interested person or his or her attorney shall
9    pay the cost of publication by the clerk directly to the
10    newspaper.
11        (9) The person on whose behalf a charge is incurred
12    for witness, court reporter, appraiser, or other
13    miscellaneous fees shall pay the same directly to the
14    person entitled thereto.
15        (10) The executor, administrator, guardian,
16    petitioner, or other interested person or his or her
17    attorney shall pay to the clerk all postage charges
18    incurred by the clerk in mailing petitions, orders,
19    notices, or other documents pursuant to the provisions of
20    the Probate Act of 1975.
21    (w) Corrections of numbers. For correction of the case
22number, case title, or attorney computer identification
23number, if required by rule of court, on any document filed in
24the clerk's office, to be charged against the party that filed
25the document, the fee shall not exceed $25.
26    (x) Miscellaneous.

 

 

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1        (1) Interest earned on any fees collected by the clerk
2    shall be turned over to the county general fund as an
3    earning of the office.
4        (2) For any check, draft, or other bank instrument
5    returned to the clerk for non-sufficient funds, account
6    closed, or payment stopped, the clerk shall collect a fee
7    of $25.
8    (y) Other fees. Any fees not covered in this Section shall
9be set by rule or administrative order of the circuit court
10with the approval of the Administrative Office of the Illinois
11Courts. The clerk of the circuit court may provide services in
12connection with the operation of the clerk's office, other
13than those services mentioned in this Section, as may be
14requested by the public and agreed to by the clerk and approved
15by the Chief Judge. Any charges for additional services shall
16be as agreed to between the clerk and the party making the
17request and approved by the Chief Judge. Nothing in this
18subsection shall be construed to require any clerk to provide
19any service not otherwise required by law.
20    (y-5) Unpaid fees. Unless a court ordered payment schedule
21is implemented or the fee requirements of this Section are
22waived under a court order, the clerk of the circuit court may
23add to any unpaid fees and costs under this Section a
24delinquency amount equal to 5% of the unpaid fees that remain
25unpaid after 30 days, 10% of the unpaid fees that remain unpaid
26after 60 days, and 15% of the unpaid fees that remain unpaid

 

 

SB0197- 20 -LRB102 04117 LNS 14134 b

1after 90 days. Notice to those parties may be made by signage
2posting or publication. The additional delinquency amounts
3collected under this Section shall be deposited into the
4Circuit Court Clerk Operations and Administration Fund and
5used to defray additional administrative costs incurred by the
6clerk of the circuit court in collecting unpaid fees and
7costs.
8    (z) Exceptions.
9        (1) No fee authorized by this Section shall apply to:
10            (A) police departments or other law enforcement
11        agencies. In this Section, "law enforcement agency"
12        means: an agency of the State or agency of a unit of
13        local government which is vested by law or ordinance
14        with the duty to maintain public order and to enforce
15        criminal laws or ordinances; the Attorney General; or
16        any State's Attorney;
17            (A-5) any unit of local government or school
18        district, except in counties having a population of
19        500,000 or more the county board may by resolution set
20        fees for units of local government or school districts
21        no greater than the minimum fees applicable in
22        counties with a population less than 3,000,000;
23        provided however, no fee may be charged to any unit of
24        local government or school district in connection with
25        any action which, in whole or in part, is: (i) to
26        enforce an ordinance; (ii) to collect a debt; or (iii)

 

 

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1        under the Administrative Review Law;
2            (B) any action instituted by the corporate
3        authority of a municipality with more than 1,000,000
4        inhabitants under Section 11-31-1 of the Illinois
5        Municipal Code and any action instituted under
6        subsection (b) of Section 11-31-1 of the Illinois
7        Municipal Code by a private owner or tenant of real
8        property within 1,200 feet of a dangerous or unsafe
9        building seeking an order compelling the owner or
10        owners of the building to take any of the actions
11        authorized under that subsection;
12            (C) any commitment petition or petition for an
13        order authorizing the administration of psychotropic
14        medication or electroconvulsive therapy under the
15        Mental Health and Developmental Disabilities Code;
16            (D) a petitioner in any order of protection
17        proceeding, including, but not limited to, fees for
18        filing, modifying, withdrawing, certifying, or
19        photocopying petitions for orders of protection,
20        issuing alias summons, any related filing service, or
21        certifying, modifying, vacating, or photocopying any
22        orders of protection; or
23            (E) proceedings for the appointment of a
24        confidential intermediary under the Adoption Act.
25        (2) No fee other than the filing fee contained in the
26    applicable schedule in subsection (a) shall be charged to

 

 

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1    any person in connection with an adoption proceeding.
2        (3) Upon good cause shown, the court may waive any
3    fees associated with a special needs adoption. The term
4    "special needs adoption" has the meaning provided by the
5    Illinois Department of Children and Family Services.
6    (aa) This Section is repealed on January 1, 2023 2022.
7(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
8100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
98-18-20.)
 
10    Section 10. The Criminal and Traffic Assessment Act is
11amended by changing Section 20-5 as follows:
 
12    (705 ILCS 135/20-5)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 20-5. Repeal. This Act is repealed on January 1, 2023
152022.
16(Source: P.A. 100-987, eff. 7-1-19; 101-645, eff. 6-26-20.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.