104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3831

 

Introduced 2/6/2026, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-22  from Ch. 127, par. 142z-22
705 ILCS 105/27.1b
705 ILCS 105/27.3f rep.

    Amends the Clerks of the Courts Act. Increases the filing fee and appearance fee in civil actions. Requires $5 of those fees to be deposited into the Guardianship and Advocacy Fund. Provides that no fee may be charged for accounts filed for guardianships established for minors under the Minors Article of the Probate Act of 1975 or for disabled adults of the Probate Act of 1975. Provides that no fee may be charged for a commitment petition or petition for discharge under the Mental Health and Developmental Disabilities Code. Repeals the provisions imposing the guardianship and advocacy operations fee.


LRB104 18254 JRC 31693 b

 

 

A BILL FOR

 

SB3831LRB104 18254 JRC 31693 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 6z-22 as follows:
 
6    (30 ILCS 105/6z-22)  (from Ch. 127, par. 142z-22)
7    Sec. 6z-22. Viable public guardianship and advocacy
8programs, including the public guardianship programs created
9and supervised in probate proceedings in State courts, are
10essential to the administration of justice and operation of
11the court to ensure that incapacitated persons and their
12estates are protected regardless of their individual capacity
13to access the courts. Providing independent legal
14representation for individuals named in proceedings initiated
15under the Mental Health and Developmental Disabilities Code is
16essential to the administration of justice and operation of
17courts so that an individual named in such proceedings,
18regardless of resources, is afforded counsel that is free of
19conflicting duties and charged with insuring compliance with
20the Code's requirements, which is a necessary safeguard to
21prevent the mental health and developmental disabilities
22systems from become a tool to oppress rather than serve
23society. To defray the expense of maintaining and operating

 

 

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1the divisions and programs of the Guardianship and Advocacy
2Commission and to support viable guardianship and advocacy
3programs throughout the State, each circuit court clerk must
4remit a portion of the filing and appearance fees, as provided
5in Section 27.1b of the Clerk of Courts Act, to the State
6Treasurer for deposit into the Guardianship and Advocacy Fund.
7All fees or other monies received by the Guardianship and
8Advocacy Commission incident to the provision of legal or
9guardianship services to eligible persons or wards pursuant to
10subsection (i) of Section 5 of the Guardianship and Advocacy
11Act shall be paid into the Guardianship and Advocacy Fund.
12    Appropriations for the improvement, development, addition
13or expansion of legal and guardianship services for eligible
14persons or wards pursuant to Section 5 of the Guardianship and
15Advocacy Act or for the financing of any program designed to
16provide such improvement, development, addition or expansion
17of services or for expenses incurred in administering the
18Human Rights Authority, Legal Advocacy Service and Office of
19State Guardian are payable from the Guardianship and Advocacy
20Fund.
21(Source: P.A. 86-448; 86-1028.)
 
22    Section 10. The Clerks of Courts Act is amended by
23changing Section 27.1b as follows:
 
24    (705 ILCS 105/27.1b)

 

 

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1    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
2other provision of law, all fees charged by the clerks of the
3circuit court for the services described in this Section shall
4be established, collected, and disbursed in accordance with
5this Section. Except as otherwise specified in this Section,
6all fees under this Section shall be paid in advance and
7disbursed by each clerk on a monthly basis. In a county with a
8population of over 3,000,000, units of local government and
9school districts shall not be required to pay fees under this
10Section in advance and the clerk shall instead send an
11itemized bill to the unit of local government or school
12district, within 30 days of the fee being incurred, and the
13unit of local government or school district shall be allowed
14at least 30 days from the date of the itemized bill to pay;
15these payments shall be disbursed by each clerk on a monthly
16basis. Unless otherwise specified in this Section, the amount
17of a fee shall be determined by ordinance or resolution of the
18county board and remitted to the county treasurer to be used
19for purposes related to the operation of the court system in
20the county. In a county with a population of over 3,000,000,
21any amount retained by the clerk of the circuit court or
22remitted to the county treasurer shall be subject to
23appropriation by the county board.
24    (a) Civil cases. The fee for filing a complaint, petition,
25or other pleading initiating a civil action shall be as set
26forth in the applicable schedule under this subsection in

 

 

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1accordance with case categories established by the Supreme
2Court in schedules.
3        (1) SCHEDULE 1: not to exceed a total of $371 $366 in a
4    county with a population of 3,000,000 or more and not to
5    exceed $321 $316 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 $195 $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 $26 $21 to the
19        State 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) $5 into the Guardianship and Advocacy
2            Fund; and
3                (iv) (iii) $9 into the Supreme Court Special
4            Purposes Fund.
5            (C) The clerk shall remit a sum to the County
6        Treasurer, in an amount not to exceed $290 in a county
7        with a population of 3,000,000 or more and in an amount
8        not to exceed $250 in any other county, as specified by
9        ordinance or resolution passed by the county board,
10        for purposes related to the operation of the court
11        system in the county.
12        (2) SCHEDULE 2: not to exceed a total of $362 $357 in a
13    county with a population of 3,000,000 or more and not to
14    exceed $266 in any other county, except as applied to
15    units of local government and school districts in counties
16    with more than 3,000,000 inhabitants an amount not to
17    exceed $190 through December 31, 2021 and $184 on and
18    after January 1, 2022. The fees collected under this
19    schedule shall be disbursed as follows:
20            (A) The clerk shall retain a sum, in an amount not
21        to exceed $55 in a county with a population of
22        3,000,000 or more and in an amount not to exceed $45 in
23        any other county determined by the clerk with the
24        approval of the Supreme Court, to be used for court
25        automation, court document storage, and administrative
26        purposes.

 

 

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1            (B) The clerk shall remit up to $21 to the State
2        Treasurer. The State Treasurer shall deposit the
3        appropriate amounts, in accordance with the clerk's
4        instructions, as follows:
5                (i) up to $10, as specified by the Supreme
6            Court in accordance with Part 10A of Article II of
7            the Code of Civil Procedure, into the Mandatory
8            Arbitration Fund;
9                (ii) $2 into the Access to Justice Fund: and
10                (iii) $9 into the Supreme Court Special
11            Purposes Fund.
12            (C) The clerk shall remit a sum to the County
13        Treasurer, in an amount not to exceed $281 in a county
14        with a population of 3,000,000 or more and in an amount
15        not to exceed $200 in any other county, as specified by
16        ordinance or resolution passed by the county board,
17        for purposes related to the operation of the court
18        system in the county.
19        (3) SCHEDULE 3: not to exceed a total of $270 $265 in a
20    county with a population of 3,000,000 or more and not to
21    exceed $94 $89 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 $195 $190 through December 31, 2021 and $184 on and
25    after January 1, 2022. The fees collected under this
26    schedule shall be disbursed as follows:

 

 

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1            (A) The clerk shall retain a sum, in an amount not
2        to exceed $55 in a county with a population of
3        3,000,000 or more and in an amount not to exceed $22 in
4        any other county determined by the clerk with the
5        approval of the Supreme Court, to be used for court
6        automation, court document storage, and administrative
7        purposes.
8            (B) The clerk shall remit $16 $11 to the State
9        Treasurer. The State Treasurer shall deposit the
10        appropriate amounts in accordance with the clerk's
11        instructions, as follows:
12                (i) $2 into the Access to Justice Fund; and
13                (ii) $5 into the Guardianship and Advocacy
14            Fund; and
15                (iii) (ii) $9 into the Supreme Court Special
16            Purposes Fund.
17            (C) The clerk shall remit a sum to the County
18        Treasurer, in an amount not to exceed $199 in a county
19        with a population of 3,000,000 or more and in an amount
20        not to exceed $56 in any other county, as specified by
21        ordinance or resolution passed by the county board,
22        for purposes related to the operation of the court
23        system in the county.
24        (4) SCHEDULE 4: $0.
25    (b) Appearance. The fee for filing an appearance in a
26civil action, including a cannabis civil law action under the

 

 

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1Cannabis Control Act, shall be as set forth in the applicable
2schedule under this subsection in accordance with case
3categories established by the Supreme Court in schedules.
4        (1) SCHEDULE 1: not to exceed a total of $235 $230 in a
5    county with a population of 3,000,000 or more and not to
6    exceed $196 $191 in any other county, except as applied to
7    units of local government and school districts in counties
8    with more than 3,000,000 inhabitants an amount not to
9    exceed $80 $75. The fees collected under this schedule
10    shall be disbursed as follows:
11            (A) The clerk shall retain a sum, in an amount not
12        to exceed $50 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 $26 $21 to the
19        State 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) $5 into the Guardianship and Advocacy
2            Fund; and
3                (iv) (iii) $9 into the Supreme Court Special
4            Purposes Fund.
5            (C) The clerk shall remit a sum to the County
6        Treasurer, in an amount not to exceed $159 in a county
7        with a population of 3,000,000 or more and in an amount
8        not to exceed $125 in any other county, as specified by
9        ordinance or resolution passed by the county board,
10        for purposes related to the operation of the court
11        system in the county.
12        (2) SCHEDULE 2: not to exceed a total of $135 $130 in a
13    county with a population of 3,000,000 or more and not to
14    exceed $114 $109 in any other county, except as applied to
15    units of local government and school districts in counties
16    with more than 3,000,000 inhabitants an amount not to
17    exceed $80 $75. The fees collected under this schedule
18    shall be disbursed as follows:
19            (A) The clerk shall retain a sum, in an amount not
20        to exceed $50 in a county with a population of
21        3,000,000 or more and in an amount not to exceed $10 in
22        any other county determined by the clerk with the
23        approval of the Supreme Court, to be used for court
24        automation, court document storage, and administrative
25        purposes.
26            (B) The clerk shall remit up to $14 $9 to the State

 

 

SB3831- 10 -LRB104 18254 JRC 31693 b

1        Treasurer. The , which the State Treasurer shall
2        deposit the appropriate amounts, in accordance with
3        the clerk's instructions, as follows: into the Supreme
4        Court Special Purposes Fund.
5                (i) $5 into the Guardianship and Advocacy
6            Fund; and
7                (ii) $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 $71 in a county
11        with a population of 3,000,000 or more and in an amount
12        not to exceed $90 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        (3) SCHEDULE 3: $0.
17    (b-5) Kane County and Will County. In Kane County and Will
18County civil cases, there is an additional fee of up to $30 as
19set by the county board under Section 5-1101.3 of the Counties
20Code to be paid by each party at the time of filing the first
21pleading, paper, or other appearance; provided that no
22additional fee shall be required if more than one party is
23represented in a single pleading, paper, or other appearance.
24Distribution of fees collected under this subsection (b-5)
25shall be as provided in Section 5-1101.3 of the Counties Code.
26    (c) Counterclaim or third party complaint. When any

 

 

SB3831- 11 -LRB104 18254 JRC 31693 b

1defendant files a counterclaim or third party complaint, as
2part of the defendant's answer or otherwise, the defendant
3shall pay a filing fee for each counterclaim or third party
4complaint in an amount equal to the filing fee the defendant
5would have had to pay had the defendant brought a separate
6action for the relief sought in the counterclaim or third
7party complaint, less the amount of the appearance fee, if
8any, that the defendant has already paid in the action in which
9the counterclaim or third party complaint is filed.
10    (d) Alias summons. The clerk shall collect a fee not to
11exceed $6 in a county with a population of 3,000,000 or more
12and not to exceed $5 in any other county for each alias summons
13or citation issued by the clerk, except as applied to units of
14local government and school districts in counties with more
15than 3,000,000 inhabitants an amount not to exceed $5 for each
16alias summons or citation issued by the clerk.
17    (e) Jury services. The clerk shall collect, in addition to
18other fees allowed by law, a sum not to exceed $212.50, as a
19fee for the services of a jury in every civil action not
20quasi-criminal in its nature and not a proceeding for the
21exercise of the right of eminent domain and in every other
22action wherein the right of trial by jury is or may be given by
23law. The jury fee shall be paid by the party demanding a jury
24at the time of filing the jury demand. If the fee is not paid
25by either party, no jury shall be called in the action or
26proceeding, and the action or proceeding shall be tried by the

 

 

SB3831- 12 -LRB104 18254 JRC 31693 b

1court without a jury.
2    (f) Change of venue. In connection with a change of venue:
3        (1) The clerk of the jurisdiction from which the case
4    is transferred may charge a fee, not to exceed $40, for the
5    preparation and certification of the record; and
6        (2) The clerk of the jurisdiction to which the case is
7    transferred may charge the same filing fee as if it were
8    the commencement of a new suit.
9    (g) Petition to vacate or modify.
10        (1) In a proceeding involving a petition to vacate or
11    modify any final judgment or order filed within 30 days
12    after the judgment or order was entered, except for an
13    eviction case, small claims case, petition to reopen an
14    estate, petition to modify, terminate, or enforce a
15    judgment or order for child or spousal support, or
16    petition to modify, suspend, or terminate an order for
17    withholding, the fee shall not exceed $60 in a county with
18    a population of 3,000,000 or more and shall not exceed $50
19    in any other county, except as applied to units of local
20    government and school districts in counties with more than
21    3,000,000 inhabitants an amount not to exceed $50.
22        (2) In a proceeding involving a petition to vacate or
23    modify any final judgment or order filed more than 30 days
24    after the judgment or order was entered, except for a
25    petition to modify, terminate, or enforce a judgment or
26    order for child or spousal support, or petition to modify,

 

 

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1    suspend, or terminate an order for withholding, the fee
2    shall not exceed $75.
3        (3) In a proceeding involving a motion to vacate or
4    amend a final order, motion to vacate an ex parte
5    judgment, judgment of forfeiture, or "failure to appear"
6    or "failure to comply" notices sent to the Secretary of
7    State, the fee shall equal $40.
8    (h) Appeals preparation. The fee for preparation of a
9record on appeal shall be based on the number of pages, as
10follows:
11        (1) if the record contains no more than 100 pages, the
12    fee shall not exceed $70 in a county with a population of
13    3,000,000 or more and shall not exceed $50 in any other
14    county;
15        (2) if the record contains between 100 and 200 pages,
16    the fee shall not exceed $100; and
17        (3) if the record contains 200 or more pages, the
18    clerk may collect an additional fee not to exceed 25 cents
19    per page.
20    (i) Remands. In any cases remanded to the circuit court
21from the Supreme Court or the appellate court for a new trial,
22the clerk shall reinstate the case with either its original
23number or a new number. The clerk shall not charge any new or
24additional fee for the reinstatement. Upon reinstatement, the
25clerk shall advise the parties of the reinstatement. Parties
26shall have the same right to a jury trial on remand and

 

 

SB3831- 14 -LRB104 18254 JRC 31693 b

1reinstatement that they had before the appeal, and no
2additional or new fee or charge shall be made for a jury trial
3after remand.
4    (j) Garnishment, wage deduction, and citation. In
5garnishment affidavit, wage deduction affidavit, and citation
6petition proceedings:
7        (1) if the amount in controversy in the proceeding is
8    not more than $1,000, the fee may not exceed $35 in a
9    county with a population of 3,000,000 or more and may not
10    exceed $15 in any other county, except as applied to units
11    of local government and school districts in counties with
12    more than 3,000,000 inhabitants an amount not to exceed
13    $15;
14        (2) if the amount in controversy in the proceeding is
15    greater than $1,000 and not more than $5,000, the fee may
16    not exceed $45 in a county with a population of 3,000,000
17    or more and may not exceed $30 in any other county, except
18    as applied to units of local government and school
19    districts in counties with more than 3,000,000 inhabitants
20    an amount not to exceed $30; and
21        (3) if the amount in controversy in the proceeding is
22    greater than $5,000, the fee may not exceed $65 in a county
23    with a population of 3,000,000 or more and may not exceed
24    $50 in any other county, except as applied to units of
25    local government and school districts in counties with
26    more than 3,000,000 inhabitants an amount not to exceed

 

 

SB3831- 15 -LRB104 18254 JRC 31693 b

1    $50.
2    (j-5) Debt collection. In any proceeding to collect a debt
3subject to the exception in item (ii) of subparagraph (A-5) of
4paragraph (1) of subsection (z) of this Section, the circuit
5court shall order and the clerk shall collect from each
6judgment debtor a fee of:
7        (1) $35 if the amount in controversy in the proceeding
8    is not more than $1,000;
9        (2) $45 if the amount in controversy in the proceeding
10    is greater than $1,000 and not more than $5,000; and
11        (3) $65 if the amount in controversy in the proceeding
12    is greater than $5,000.
13    (k) Collections.
14        (1) For all collections made of others, except the
15    State and county and except in maintenance or child
16    support cases, the clerk may collect a fee of up to 2.5% of
17    the amount collected and turned over.
18        (2) In child support and maintenance cases, the clerk
19    may collect an annual fee of up to $36 from the person
20    making payment for maintaining child support records and
21    the processing of support orders to the State of Illinois
22    KIDS system and the recording of payments issued by the
23    State Disbursement Unit for the official record of the
24    Court. This fee is in addition to and separate from
25    amounts ordered to be paid as maintenance or child support
26    and shall be deposited into a Separate Maintenance and

 

 

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

 

 

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

 

 

SB3831- 18 -LRB104 18254 JRC 31693 b

1pursuant to the guidelines for access and dissemination of
2information approved by the Supreme Court.
3    (r) Performing a marriage. There shall be a $10 fee for
4performing a marriage in court.
5    (s) Voluntary assignment. For filing each deed of
6voluntary assignment, the clerk shall collect a fee not to
7exceed $20. For recording a deed of voluntary assignment, the
8clerk shall collect a fee not to exceed 50 cents for each 100
9words. Exceptions filed to claims presented to an assignee of
10a debtor who has made a voluntary assignment for the benefit of
11creditors shall be considered and treated, for the purpose of
12taxing costs therein, as actions in which the party or parties
13filing the exceptions shall be considered as party or parties
14plaintiff, and the claimant or claimants as party or parties
15defendant, and those parties respectively shall pay to the
16clerk the same fees as provided by this Section to be paid in
17other actions.
18    (t) Expungement petition. Except as provided in Sections
191-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may
20collect a fee not to exceed $60 for each expungement petition
21filed and an additional fee not to exceed $4 for each certified
22copy of an order to expunge arrest records.
23    (u) Transcripts of judgment. For the filing of a
24transcript of judgment, the clerk may collect the same fee as
25if it were the commencement of a new suit.
26    (v) Probate filings.

 

 

SB3831- 19 -LRB104 18254 JRC 31693 b

1        (1) For each account (other than one final account)
2    filed in the estate of a decedent, or ward, the fee shall
3    not exceed $25. No fee may be charged for accounts filed
4    for guardianships established for minors pursuant to
5    Article XI of the Probate Act of 1975 or for disabled
6    adults under Article XIa of the Probate Act of 1975.
7        (2) For filing a claim in an estate when the amount
8    claimed is greater than $150 and not more than $500, the
9    fee shall not exceed $40 in a county with a population of
10    3,000,000 or more and shall not exceed $25 in any other
11    county; when the amount claimed is greater than $500 and
12    not more than $10,000, the fee shall not exceed $55 in a
13    county with a population of 3,000,000 or more and shall
14    not exceed $40 in any other county; and when the amount
15    claimed is more than $10,000, the fee shall not exceed $75
16    in a county with a population of 3,000,000 or more and
17    shall not exceed $60 in any other county; except the court
18    in allowing a claim may add to the amount allowed the
19    filing fee paid by the claimant.
20        (3) For filing in an estate a claim, petition, or
21    supplemental proceeding based upon an action seeking
22    equitable relief including the construction or contest of
23    a will, enforcement of a contract to make a will, and
24    proceedings involving testamentary trusts or the
25    appointment of testamentary trustees, the fee shall not
26    exceed $60.

 

 

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1        (4) There shall be no fee for filing in an estate: (i)
2    the appearance of any person for the purpose of consent;
3    or (ii) the appearance of an executor, administrator,
4    administrator to collect, guardian, guardian ad litem, or
5    special administrator.
6        (5) For each jury demand, the fee shall not exceed
7    $137.50.
8        (6) For each certified copy of letters of office, of
9    court order, or other certification, the fee shall not
10    exceed $2 per page.
11        (7) For each exemplification, the fee shall not exceed
12    $2, plus the fee for certification.
13        (8) The executor, administrator, guardian, petitioner,
14    or other interested person or his or her attorney shall
15    pay the cost of publication by the clerk directly to the
16    newspaper.
17        (9) The person on whose behalf a charge is incurred
18    for witness, court reporter, appraiser, or other
19    miscellaneous fees shall pay the same directly to the
20    person entitled thereto.
21        (10) The executor, administrator, guardian,
22    petitioner, or other interested person or his or her
23    attorney shall pay to the clerk all postage charges
24    incurred by the clerk in mailing petitions, orders,
25    notices, or other documents pursuant to the provisions of
26    the Probate Act of 1975.

 

 

SB3831- 21 -LRB104 18254 JRC 31693 b

1    (w) Corrections of numbers. For correction of the case
2number, case title, or attorney computer identification
3number, if required by rule of court, on any document filed in
4the clerk's office, to be charged against the party that filed
5the document, the fee shall not exceed $25.
6    (x) Miscellaneous.
7        (1) Interest earned on any fees collected by the clerk
8    shall be turned over to the county general fund as an
9    earning of the office.
10        (2) For any check, draft, or other bank instrument
11    returned to the clerk for non-sufficient funds, account
12    closed, or payment stopped, the clerk shall collect a fee
13    of $25.
14    (y) Other fees. Any fees not covered in this Section shall
15be set by rule or administrative order of the circuit court
16with the approval of the Administrative Office of the Illinois
17Courts. The clerk of the circuit court may provide services in
18connection with the operation of the clerk's office, other
19than those services mentioned in this Section, as may be
20requested by the public and agreed to by the clerk and approved
21by the Chief Judge. Any charges for additional services shall
22be as agreed to between the clerk and the party making the
23request and approved by the Chief Judge. Nothing in this
24subsection shall be construed to require any clerk to provide
25any service not otherwise required by law.
26    (y-5) Unpaid fees. Unless a court ordered payment schedule

 

 

SB3831- 22 -LRB104 18254 JRC 31693 b

1is implemented or the fee requirements of this Section are
2waived under a court order, the clerk of the circuit court may
3add to any unpaid fees and costs under this Section a
4delinquency amount equal to 5% of the unpaid fees that remain
5unpaid after 30 days, 10% of the unpaid fees that remain unpaid
6after 60 days, and 15% of the unpaid fees that remain unpaid
7after 90 days. Notice to those parties may be made by signage
8posting or publication. The additional delinquency amounts
9collected under this Section shall be deposited into the
10Circuit Court Clerk Operations and Administration Fund and
11used to defray additional administrative costs incurred by the
12clerk of the circuit court in collecting unpaid fees and
13costs.
14    (z) Exceptions.
15        (1) No fee authorized by this Section shall apply to:
16            (A) police departments or other law enforcement
17        agencies. In this Section, "law enforcement agency"
18        means: an agency of the State or agency of a unit of
19        local government which is vested by law or ordinance
20        with the duty to maintain public order and to enforce
21        criminal laws or ordinances; the Attorney General; or
22        any State's Attorney;
23            (A-5) any unit of local government or school
24        district, except in counties having a population of
25        500,000 or more the county board may by resolution set
26        fees for units of local government or school districts

 

 

SB3831- 23 -LRB104 18254 JRC 31693 b

1        no greater than the minimum fees applicable in
2        counties with a population less than 3,000,000;
3        provided however, no fee may be charged to any unit of
4        local government or school district in connection with
5        any action which, in whole or in part, is: (i) to
6        enforce an ordinance; (ii) to collect a debt; or (iii)
7        under the Administrative Review Law;
8            (B) any action instituted by the corporate
9        authority of a municipality with more than 1,000,000
10        inhabitants under Section 11-31-1 of the Illinois
11        Municipal Code and any action instituted under
12        subsection (b) of Section 11-31-1 of the Illinois
13        Municipal Code by a private owner or tenant of real
14        property within 1,200 feet of a dangerous or unsafe
15        building seeking an order compelling the owner or
16        owners of the building to take any of the actions
17        authorized under that subsection;
18            (C) any commitment petition, petition for
19        discharge petition, or petition for an order
20        authorizing the administration of psychotropic
21        medication or electroconvulsive therapy under the
22        Mental Health and Developmental Disabilities Code;
23            (D) a petitioner in any order of protection
24        proceeding, including, but not limited to, fees for
25        filing, modifying, withdrawing, certifying, or
26        photocopying petitions for orders of protection,

 

 

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1        issuing alias summons, any related filing service, or
2        certifying, modifying, vacating, or photocopying any
3        orders of protection;
4            (E) proceedings for the appointment of a
5        confidential intermediary under the Adoption Act;
6            (F) a minor subject to Article III, IV, or V of the
7        Juvenile Court Act of 1987, or the minor's parent,
8        guardian, or legal custodian; or
9            (G) a minor under the age of 18 transferred to
10        adult court or excluded from juvenile court
11        jurisdiction under Article V of the Juvenile Court Act
12        of 1987, or the minor's parent, guardian, or legal
13        custodian.
14        (2) No fee other than the filing fee contained in the
15    applicable schedule in subsection (a) shall be charged to
16    any person in connection with an adoption proceeding.
17        (3) Upon good cause shown, the court may waive any
18    fees associated with a special needs adoption. The term
19    "special needs adoption" has the meaning provided by the
20    Illinois Department of Children and Family Services.
21        (4) No fee may be charged for the filing of an
22    appearance by any defendant in a small claim proceeding.
23    As used in this Section, "small claim" means a proceeding
24    as defined in Supreme Court Rule 281.
25(Source: P.A. 103-4, eff. 5-31-23; 103-379, eff. 7-28-23;
26103-605, eff. 7-1-24; 104-120, eff. 1-1-26.)
 

 

 

SB3831- 25 -LRB104 18254 JRC 31693 b

1    (705 ILCS 105/27.3f rep.)
2    Section 15. The Clerks of Courts Act is amended by
3repealing Section 27.3f.