Full Text of SB3066 101st General Assembly
SB3066eng 101ST GENERAL ASSEMBLY |
| | SB3066 Engrossed | | LRB101 17653 LNS 67080 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clerks of Courts Act is amended by changing | 5 | | Section 27.1b as follows: | 6 | | (705 ILCS 105/27.1b) | 7 | | (Section scheduled to be repealed on January 1, 2021) | 8 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | 9 | | other provision of law, all fees charged by the clerks of the | 10 | | circuit court for the services described in this Section shall | 11 | | be established, collected, and disbursed in accordance with | 12 | | this Section. Except as otherwise specified in this Section, | 13 | | all fees under this Section shall be paid in advance and | 14 | | disbursed by each clerk on a monthly basis. In a county with a | 15 | | population of over 3,000,000, units of local government and | 16 | | school districts shall not be required to pay fees under this | 17 | | Section in advance and the clerk shall instead send an itemized | 18 | | bill to the unit of local government or school district, within | 19 | | 30 days of the fee being incurred, and the unit of local | 20 | | government or school district shall be allowed at least 30 days | 21 | | from the date of the itemized bill to pay; these payments shall | 22 | | be disbursed by each clerk on a monthly basis. Unless otherwise | 23 | | specified in this Section, the amount of a fee shall be |
| | | SB3066 Engrossed | - 2 - | LRB101 17653 LNS 67080 b |
|
| 1 | | determined by ordinance or resolution of the county board and | 2 | | remitted to the county treasurer to be used for purposes | 3 | | related to the operation of the court system in the county. In | 4 | | a county with population of over 3,000,000, any amount retained | 5 | | by the clerk of the circuit court or remitted to the county | 6 | | treasurer shall be subject to appropriation by the county | 7 | | board. | 8 | | (a) Civil cases. The fee for filing a complaint, petition, | 9 | | or other pleading initiating a civil action shall be as set | 10 | | forth in the applicable schedule under this subsection in | 11 | | accordance with case categories established by the Supreme | 12 | | Court 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 units | 16 | | of local government and school districts in counties with | 17 | | more than 3,000,000 inhabitants an amount not to exceed | 18 | | $190 through December 31, 2021 and $184 on and after | 19 | | January 1, 2022. The fees collected under this schedule | 20 | | 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 |
| | | SB3066 Engrossed | - 3 - | LRB101 17653 LNS 67080 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, for | 18 | | purposes related to the operation of the court system | 19 | | 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 units | 23 | | of local government and school districts in counties with | 24 | | more than 3,000,000 inhabitants an amount not to exceed | 25 | | $190 through December 31, 2021 and $184 on and after | 26 | | January 1, 2022. The fees collected under this schedule |
| | | SB3066 Engrossed | - 4 - | LRB101 17653 LNS 67080 b |
|
| 1 | | 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, for | 25 | | purposes related to the operation of the court system | 26 | | in the county. |
| | | SB3066 Engrossed | - 5 - | LRB101 17653 LNS 67080 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 |
| | | SB3066 Engrossed | - 6 - | LRB101 17653 LNS 67080 b |
|
| 1 | | ordinance or resolution passed by the county board, for | 2 | | purposes related to the operation of the court system | 3 | | in the county. | 4 | | (4) SCHEDULE 4: $0. | 5 | | (b) Appearance. The fee for filing an appearance in a civil | 6 | | action, including a cannabis civil law action under the | 7 | | Cannabis Control Act, shall be as set forth in the applicable | 8 | | schedule under this subsection in accordance with case | 9 | | categories 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 units | 13 | | of local government and school districts in counties with | 14 | | more than 3,000,000 inhabitants an amount not to exceed | 15 | | $75. The fees collected under this schedule shall be | 16 | | 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 |
| | | SB3066 Engrossed | - 7 - | LRB101 17653 LNS 67080 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, for | 14 | | purposes related to the operation of the court system | 15 | | 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 units | 19 | | of local government and school districts in counties with | 20 | | more than 3,000,000 inhabitants an amount not to exceed | 21 | | $75. The fees collected under this schedule shall be | 22 | | 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 |
| | | SB3066 Engrossed | - 8 - | LRB101 17653 LNS 67080 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, for | 12 | | purposes related to the operation of the court system | 13 | | in the county. | 14 | | (3) SCHEDULE 3: $0. | 15 | | (b-5) Kane County and Will County. In Kane County and Will | 16 | | County civil cases, there is an additional fee of up to $30 as | 17 | | set by the county board under Section 5-1101.3 of the Counties | 18 | | Code to be paid by each party at the time of filing the first | 19 | | pleading, paper, or other appearance; provided that no | 20 | | additional fee shall be required if more than one party is | 21 | | represented in a single pleading, paper, or other appearance. | 22 | | Distribution of fees collected under this subsection (b-5) | 23 | | shall be as provided in Section 5-1101.3 of the Counties Code. | 24 | | (c) Counterclaim or third party complaint. When any | 25 | | defendant files a counterclaim or third party complaint, as | 26 | | part of the defendant's answer or otherwise, the defendant |
| | | SB3066 Engrossed | - 9 - | LRB101 17653 LNS 67080 b |
|
| 1 | | shall pay a filing fee for each counterclaim or third party | 2 | | complaint in an amount equal to the filing fee the defendant | 3 | | would have had to pay had the defendant brought a separate | 4 | | action for the relief sought in the counterclaim or third party | 5 | | complaint, less the amount of the appearance fee, if any, that | 6 | | the defendant has already paid in the action in which the | 7 | | counterclaim or third party complaint is filed. | 8 | | (d) Alias summons. The clerk shall collect a fee not to | 9 | | exceed $6 in a county with a population of 3,000,000 or more | 10 | | and not to exceed $5 in any other county for each alias summons | 11 | | or citation issued by the clerk, except as applied to units of | 12 | | local government and school districts in counties with more | 13 | | than 3,000,000 inhabitants an amount not to exceed $5 for each | 14 | | alias summons or citation issued by the clerk. | 15 | | (e) Jury services. The clerk shall collect, in addition to | 16 | | other fees allowed by law, a sum not to exceed $212.50, as a | 17 | | fee for the services of a jury in every civil action not | 18 | | quasi-criminal in its nature and not a proceeding for the | 19 | | exercise of the right of eminent domain and in every other | 20 | | action wherein the right of trial by jury is or may be given by | 21 | | law. The jury fee shall be paid by the party demanding a jury | 22 | | at the time of filing the jury demand. If the fee is not paid by | 23 | | either party, no jury shall be called in the action or | 24 | | proceeding, and the action or proceeding shall be tried by the | 25 | | court without a jury. | 26 | | (f) Change of venue. In connection with a change of venue: |
| | | SB3066 Engrossed | - 10 - | LRB101 17653 LNS 67080 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 petition | 14 | | to modify, suspend, or terminate an order for withholding, | 15 | | the fee shall not exceed $60 in a county with a population | 16 | | of 3,000,000 or more and shall not exceed $50 in any other | 17 | | county, except as applied to units of local government and | 18 | | school districts in counties with more than 3,000,000 | 19 | | 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. |
| | | SB3066 Engrossed | - 11 - | LRB101 17653 LNS 67080 b |
|
| 1 | | (3) In a proceeding involving a motion to vacate or | 2 | | amend a final order, motion to vacate an ex parte judgment, | 3 | | judgment of forfeiture, or "failure to appear" or "failure | 4 | | to comply" notices sent to the Secretary of State, the fee | 5 | | shall equal $40. | 6 | | (h) Appeals preparation. The fee for preparation of a | 7 | | record on appeal shall be based on the number of pages, as | 8 | | follows: | 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 clerk | 16 | | may collect an additional fee not to exceed 25 cents per | 17 | | page. | 18 | | (i) Remands. In any cases remanded to the circuit court | 19 | | from the Supreme Court or the appellate court for a new trial, | 20 | | the clerk shall reinstate the case with either its original | 21 | | number or a new number. The clerk shall not charge any new or | 22 | | additional fee for the reinstatement. Upon reinstatement, the | 23 | | clerk shall advise the parties of the reinstatement. Parties | 24 | | shall have the same right to a jury trial on remand and | 25 | | reinstatement that they had before the appeal, and no | 26 | | additional or new fee or charge shall be made for a jury trial |
| | | SB3066 Engrossed | - 12 - | LRB101 17653 LNS 67080 b |
|
| 1 | | after remand. | 2 | | (j) Garnishment, wage deduction, and citation. In | 3 | | garnishment affidavit, wage deduction affidavit, and citation | 4 | | petition 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 more | 24 | | than 3,000,000 inhabitants an amount not to exceed $50. | 25 | | (j-5) Debt collection. In any proceeding to collect a debt | 26 | | subject to the exception in item (ii) of subparagraph (A-5) of |
| | | SB3066 Engrossed | - 13 - | LRB101 17653 LNS 67080 b |
|
| 1 | | paragraph (1) of subsection (z) of this Section, the circuit | 2 | | court shall order and the clerk shall collect from each | 3 | | judgment debtor a fee of: | 4 | | (1) $35 if the amount in controversy in the proceeding | 5 | | is not more than $1,000; | 6 | | (2) $45 if the amount in controversy in the proceeding | 7 | | is greater than $1,000 and not more than $5,000; and | 8 | | (3) $65 if the amount in controversy in the proceeding | 9 | | is greater than $5,000. | 10 | | (k) Collections. | 11 | | (1) For all collections made of others, except the | 12 | | State and county and except in maintenance or child support | 13 | | cases, the clerk may collect a fee of up to 2.5% of the | 14 | | amount collected and turned over. | 15 | | (2) In child support and maintenance cases, the clerk | 16 | | may collect an annual fee of up to $36 from the person | 17 | | making payment for maintaining child support records and | 18 | | the processing of support orders to the State of Illinois | 19 | | KIDS system and the recording of payments issued by the | 20 | | State Disbursement Unit for the official record of the | 21 | | Court. This fee is in addition to and separate from amounts | 22 | | ordered to be paid as maintenance or child support and | 23 | | shall be deposited into a Separate Maintenance and Child | 24 | | Support Collection Fund, of which the clerk shall be the | 25 | | custodian, ex officio, to be used by the clerk to maintain | 26 | | child support orders and record all payments issued by the |
| | | SB3066 Engrossed | - 14 - | LRB101 17653 LNS 67080 b |
|
| 1 | | State Disbursement Unit for the official record of the | 2 | | Court. The clerk may recover from the person making the | 3 | | maintenance or child support payment any additional cost | 4 | | incurred in the collection of this annual fee. | 5 | | (3) The clerk may collect a fee of $5 for | 6 | | certifications made to the Secretary of State as provided | 7 | | in Section 7-703 of the Illinois Vehicle Code, and this fee | 8 | | shall be deposited into the Separate Maintenance and Child | 9 | | Support Collection Fund. | 10 | | (4) In proceedings
to foreclose the lien of delinquent | 11 | | real estate taxes, State's Attorneys
shall receive a fee of | 12 | | 10%
of the total amount realized from the sale of real | 13 | | estate sold in the
proceedings. The clerk shall collect the | 14 | | fee from the total amount realized from
the sale of the | 15 | | real estate sold in the proceedings and remit to the County | 16 | | Treasurer to be credited to the earnings of the Office of | 17 | | the State's Attorney. | 18 | | (l) Mailing. The fee for the clerk mailing documents shall | 19 | | not exceed $10 plus the cost of postage. | 20 | | (m) Certified copies. The fee for each certified copy of a | 21 | | judgment, after the first copy, shall not exceed $10. | 22 | | (n) Certification, authentication, and reproduction. | 23 | | (1) The fee for each certification or authentication | 24 | | for taking the acknowledgment of a deed or other instrument | 25 | | in writing with the seal of office shall not exceed $6. | 26 | | (2) The fee for reproduction of any document contained |
| | | SB3066 Engrossed | - 15 - | LRB101 17653 LNS 67080 b |
|
| 1 | | in the clerk's files shall not exceed: | 2 | | (A) $2 for the first page; | 3 | | (B) 50 cents per page for the next 19 pages; and | 4 | | (C) 25 cents per page for all additional pages. | 5 | | (o) Record search. For each record search, within a | 6 | | division or municipal district, the clerk may collect a search | 7 | | fee not to exceed $6 for each year searched. | 8 | | (p) Hard copy. For each page of hard copy print output, | 9 | | when case records are maintained on an automated medium, the | 10 | | clerk may collect a fee not to exceed $10 in a county with a | 11 | | population of 3,000,000 or more and not to exceed $6 in any | 12 | | other county, except as applied to units of local government | 13 | | and school districts in counties with more than 3,000,000 | 14 | | inhabitants an amount not to exceed $6. | 15 | | (q) Index inquiry and other records. No fee shall be | 16 | | charged for a single plaintiff and defendant index inquiry or | 17 | | single case record inquiry when this request is made in person | 18 | | and the records are maintained in a current automated medium, | 19 | | and when no hard copy print output is requested. The fees to be | 20 | | charged for management records, multiple case records, and | 21 | | multiple journal records may be specified by the Chief Judge | 22 | | pursuant to the guidelines for access and dissemination of | 23 | | information approved by the Supreme Court. | 24 | | (r) Performing a marriage. There shall be a $10 fee for | 25 | | performing a marriage in court. | 26 | | (s) Voluntary assignment. For filing each deed of voluntary |
| | | SB3066 Engrossed | - 16 - | LRB101 17653 LNS 67080 b |
|
| 1 | | assignment, the clerk shall collect a fee not to exceed $20. | 2 | | For recording a deed of voluntary assignment, the clerk shall | 3 | | collect a fee not to exceed 50 cents for each 100 words. | 4 | | Exceptions filed to claims presented to an assignee of a debtor | 5 | | who has made a voluntary assignment for the benefit of | 6 | | creditors shall be considered and treated, for the purpose of | 7 | | taxing costs therein, as actions in which the party or parties | 8 | | filing the exceptions shall be considered as party or parties | 9 | | plaintiff, and the claimant or claimants as party or parties | 10 | | defendant, and those parties respectively shall pay to the | 11 | | clerk the same fees as provided by this Section to be paid in | 12 | | other actions. | 13 | | (t) Expungement petition. The clerk may collect a fee not | 14 | | to exceed $60 for each expungement petition filed and an | 15 | | additional fee not to exceed $4 for each certified copy of an | 16 | | order to expunge arrest records. | 17 | | (u) Transcripts of judgment. For the filing of a transcript | 18 | | of judgment, the clerk may collect the same fee as if it were | 19 | | the commencement of a new suit. | 20 | | (v) Probate filings. | 21 | | (1) For each account (other than one final account) | 22 | | filed in the estate of a decedent, or ward, the fee shall | 23 | | not exceed $25. | 24 | | (2) For filing a claim in an estate when the amount | 25 | | claimed is greater than $150 and not more than $500, the | 26 | | fee shall not exceed $40 in a county with a population of |
| | | SB3066 Engrossed | - 17 - | LRB101 17653 LNS 67080 b |
|
| 1 | | 3,000,000 or more and shall not exceed $25 in any other | 2 | | county; when the amount claimed is greater than $500 and | 3 | | not more than $10,000, the fee shall not exceed $55 in a | 4 | | county with a population of 3,000,000 or more and shall not | 5 | | exceed $40 in any other county; and when the amount claimed | 6 | | is more than $10,000, the fee shall not exceed $75 in a | 7 | | county with a population of 3,000,000 or more and shall not | 8 | | exceed $60 in any other county; except the court in | 9 | | allowing a claim may add to the amount allowed the filing | 10 | | fee paid by the claimant. | 11 | | (3) For filing in an estate a claim, petition, or | 12 | | supplemental proceeding based upon an action seeking | 13 | | equitable relief including the construction or contest of a | 14 | | will, enforcement of a contract to make a will, and | 15 | | proceedings involving testamentary trusts or the | 16 | | appointment of testamentary trustees, the fee shall not | 17 | | exceed $60. | 18 | | (4) There shall be no fee for filing in an estate: (i) | 19 | | the appearance of any person for the purpose of consent; or | 20 | | (ii) the appearance of an executor, administrator, | 21 | | administrator to collect, guardian, guardian ad litem, or | 22 | | special administrator. | 23 | | (5) For each jury demand, the fee shall not exceed | 24 | | $137.50. | 25 | | (6) For each certified copy of letters of office, of | 26 | | court order, or other certification, the fee shall not |
| | | SB3066 Engrossed | - 18 - | LRB101 17653 LNS 67080 b |
|
| 1 | | exceed
$2 per page. | 2 | | (7) For each exemplification, the fee shall not exceed | 3 | | $2, plus the fee for certification. | 4 | | (8) The executor, administrator, guardian, petitioner, | 5 | | or other interested person or his or her attorney shall pay | 6 | | the cost of publication by the clerk directly to the | 7 | | newspaper. | 8 | | (9) The person on whose behalf a charge is incurred for | 9 | | witness, court reporter, appraiser, or other miscellaneous | 10 | | fees shall pay the same directly to the person entitled | 11 | | thereto. | 12 | | (10) The executor, administrator, guardian, | 13 | | petitioner, or other interested person or his or her | 14 | | attorney shall pay to the clerk all postage charges | 15 | | incurred by the clerk in mailing petitions, orders, | 16 | | notices, or other documents pursuant to the provisions of | 17 | | the Probate Act of 1975. | 18 | | (w) Corrections of numbers. For correction of the case | 19 | | number, case title, or attorney computer identification | 20 | | number, if required by rule of court, on any document filed in | 21 | | the clerk's office, to be charged against the party that filed | 22 | | the document, the fee shall not exceed $25. | 23 | | (x) Miscellaneous. | 24 | | (1) Interest earned on any fees collected by the clerk | 25 | | shall be turned over to the county general fund as an | 26 | | earning of the office. |
| | | SB3066 Engrossed | - 19 - | LRB101 17653 LNS 67080 b |
|
| 1 | | (2) For any check, draft, or other bank instrument | 2 | | returned to the clerk for non-sufficient funds, account | 3 | | closed, or payment stopped, the clerk shall collect a fee | 4 | | of $25. | 5 | | (y) Other fees. Any fees not covered in this Section shall | 6 | | be set by rule or administrative order of the circuit court | 7 | | with the approval of the Administrative Office of the Illinois | 8 | | Courts. The clerk of the circuit court may provide services in | 9 | | connection with the operation of the clerk's office, other than | 10 | | those services mentioned in this Section, as may be requested | 11 | | by the public and agreed to by the clerk and approved by the | 12 | | Chief Judge. Any charges for additional services shall be as | 13 | | agreed to between the clerk and the party making the request | 14 | | and approved by the Chief Judge. Nothing in this subsection | 15 | | shall be construed to require any clerk to provide any service | 16 | | not otherwise required by law. | 17 | | (y-5) Unpaid fees. Unless a court ordered payment schedule | 18 | | is implemented or the fee
requirements of this Section are | 19 | | waived under a court order, the clerk of
the circuit court may | 20 | | add to any unpaid fees and costs under this Section a | 21 | | delinquency
amount equal to 5% of the unpaid fees that remain | 22 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | 23 | | after 60 days, and 15% of the unpaid fees
that remain unpaid | 24 | | after 90 days. Notice to those parties may be made by
signage | 25 | | posting or publication. The additional delinquency amounts | 26 | | collected under this Section shall
be deposited into the |
| | | SB3066 Engrossed | - 20 - | LRB101 17653 LNS 67080 b |
|
| 1 | | Circuit Court Clerk Operations and Administration Fund and used | 2 | | to defray additional administrative costs incurred by the clerk | 3 | | of the
circuit court in collecting unpaid fees and costs. | 4 | | (z) Exceptions. | 5 | | (1) No fee authorized by this Section shall apply to: | 6 | | (A) police departments or other law enforcement | 7 | | agencies. In this Section, "law enforcement agency" | 8 | | means: an agency of the State or agency of a unit of | 9 | | local government which is vested by law or ordinance | 10 | | with the duty to maintain public order and to enforce | 11 | | criminal laws or ordinances; the Attorney General; or | 12 | | any State's Attorney; | 13 | | (A-5) any unit of local government or school | 14 | | district, except in counties having a population of | 15 | | 500,000 or more the county board may by resolution set | 16 | | fees for units of local government or school districts | 17 | | no greater than the minimum fees applicable in counties | 18 | | with a population less than 3,000,000; provided | 19 | | however, no fee may be charged to any unit of local | 20 | | government or school district in connection with any | 21 | | action which, in whole or in part, is: (i) to enforce | 22 | | an ordinance; (ii) to collect a debt; or (iii) under | 23 | | the Administrative Review Law; | 24 | | (B) any action instituted by the corporate | 25 | | authority of a municipality with more than 1,000,000 | 26 | | inhabitants under Section 11-31-1 of the Illinois |
| | | SB3066 Engrossed | - 21 - | LRB101 17653 LNS 67080 b |
|
| 1 | | Municipal Code and any action instituted under | 2 | | subsection (b) of Section 11-31-1 of the Illinois | 3 | | Municipal Code by a private owner or tenant of real | 4 | | property within 1,200 feet of a dangerous or unsafe | 5 | | building seeking an order compelling the owner or | 6 | | owners of the building to take any of the actions | 7 | | authorized under that subsection; | 8 | | (C) any commitment petition or petition for an | 9 | | order authorizing the administration of psychotropic | 10 | | medication or electroconvulsive therapy under the | 11 | | Mental Health and Developmental Disabilities Code; | 12 | | (D) a petitioner in any order of protection | 13 | | proceeding, including, but not limited to, fees for | 14 | | filing, modifying, withdrawing, certifying, or | 15 | | photocopying petitions for orders of protection, | 16 | | issuing alias summons, any related filing service, or | 17 | | certifying, modifying, vacating, or photocopying any | 18 | | orders of protection; or | 19 | | (E) proceedings for the appointment of a | 20 | | confidential intermediary under the Adoption Act ; or | 21 | | (F) the State Treasurer, for purposes related to | 22 | | the Revised Uniform Unclaimed Property Act . | 23 | | (2) No fee other than the filing fee contained in the | 24 | | applicable schedule in subsection (a) shall be charged to | 25 | | any person in connection with an adoption proceeding. | 26 | | (3) Upon good cause shown, the court may waive any fees |
| | | SB3066 Engrossed | - 22 - | LRB101 17653 LNS 67080 b |
|
| 1 | | associated with a special needs adoption. The term "special | 2 | | needs adoption" has the meaning provided by the Illinois | 3 | | Department of Children and Family Services. | 4 | | (aa) This Section is repealed on January 1, 2021.
| 5 | | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | 6 | | 100-1161, eff. 7-1-19 .) | 7 | | Section 10. The Revised Uniform Unclaimed Property Act is | 8 | | amended by changing Section 15-504 as follows: | 9 | | (765 ILCS 1026/15-504)
| 10 | | Sec. 15-504. Cooperation among State officers and agencies | 11 | | to locate apparent owner. | 12 | | (a) Unless prohibited by law of this State other than this | 13 | | Act, on request of the administrator, each officer, agency, | 14 | | board, commission, division, and department of this State, any | 15 | | body politic and corporate created by this State for a public | 16 | | purpose, and each political subdivision of this State shall | 17 | | make its books and records available to the administrator and | 18 | | cooperate with the administrator to determine the current | 19 | | address of an apparent owner of property held by the | 20 | | administrator under this Act or to otherwise assist the | 21 | | administrator in the administration of this Act. The | 22 | | administrator may also enter into data sharing agreements to | 23 | | enable such other governmental agencies to provide an | 24 | | additional notice to apparent owners of property held by the |
| | | SB3066 Engrossed | - 23 - | LRB101 17653 LNS 67080 b |
|
| 1 | | administrator.
| 2 | | (b) In addition to the general authority in subsection (a), | 3 | | the administrator has the specific authority to access and | 4 | | reproduce, at no cost to the administrator, vital records under | 5 | | the Vital Records Act and court records under the Clerks of | 6 | | Courts Act. | 7 | | (Source: P.A. 100-22, eff. 1-1-18 .)
|
|