Illinois General Assembly - Full Text of SB1768
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Full Text of SB1768  98th General Assembly

SB1768enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB1768 EnrolledLRB098 08161 HEP 40842 b

1    AN ACT concerning fees.
 
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 adding
5Section 5.826 as follows:
 
6    (30 ILCS 105/5.826 new)
7    Sec. 5.826. The Supreme Court Special Purposes Fund.
 
8    Section 10. The Appellate Court Act is amended by changing
9Section 3 as follows:
 
10    (705 ILCS 25/3)  (from Ch. 37, par. 27)
11    Sec. 3. Clerk's salary - destruction of records.
12    (a) The ordinary and contingent expenses of operating the
13offices of the clerks of the branches of the Appellate Court,
14including salaries, shall be determined by the Supreme Court
15and paid from the State Treasury on the warrant of the
16Comptroller out of appropriations made for that purpose by the
17General Assembly. The clerk of each branch of the appellate
18court shall perform the duties usually devolving upon clerks of
19courts in this State, and shall provide books, stationery and
20seals for the appellate courts, and shall be entitled to
21receive the same fees for services in each branch of the

 

 

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1appellate court as are allowed for like services in the Supreme
2Court. All fees paid to or received by any such clerk shall be
3paid into the Supreme Court Special Purposes Fund State
4treasury as required by Section 2 of "An Act in relation to the
5payment and disposition of moneys received by officers and
6employees of the State of Illinois by virtue of their office or
7employment", approved June 9, 1911, as amended, except that any
8filing fees designated by Supreme Court Rule for alternative
9dispute resolution programs in the reviewing courts as provided
10in the Reviewing Court Alternative Dispute Resolution Act
11shall, within one month after receipt, be remitted to the State
12Treasurer for deposit in the Mandatory Arbitration Fund.
13    (b) The clerks shall, on the order and under the direction
14of the court, destroy any or all the records certified by the
15clerk (or a judge) of a trial court in cases finally decided
16more than 21 years prior to the entry of the order.
17(Source: P.A. 96-302, eff. 1-1-10.)
 
18    Section 15. The Clerks of Courts Act is amended by changing
19Sections 28 and 29 as follows:
 
20    (705 ILCS 105/28)
21    Sec. 28. Supreme Court Clerk; fees. At the time of filing a
22petition or record, the petitioner or appellant shall pay to
23the Clerk of the Supreme Court the sum of $25. That sum shall
24be in full payment of all services of the clerk on behalf of

 

 

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1the petitioner or appellant, except the making of a complete
2record, or copies of records, papers, or orders. The respondent
3or appellee, before entering an appearance or filing any paper,
4shall pay to the Clerk of the Supreme Court the sum of $15,
5which sum shall be in full payment of all services of the clerk
6on behalf of the respondent or appellee, except the making of a
7complete record, or copies of records, papers, or orders.
8    The fee for each official certificate and seal is $1.
9    The fee for making a complete record, copy of a record, or
10other papers in this office is a reasonable fee per page as
11established by the Supreme Court, except that the clerk shall
12furnish without cost, to parties in interest or their attorneys
13of record, copies of opinions or orders. In furtherance of the
14public interest, the clerk may furnish copies of opinions or
15orders without cost to other individuals or entities.
16    The fee for preparing a law license, certifying it with the
17seal, administering the oath, and transcribing the name on the
18roll of attorneys is $5.
19    In no event shall the clerk charge or receive any other or
20different fees than those specified in this Section, except as
21otherwise authorized by statute.
22    After the effective date of this amendatory Act of the 98th
23General Assembly, the amount of any fee collected under this
24Section may be set by Supreme Court rule, except that the
25amount of the fees collected under this Section shall remain as
26set by statute until the Supreme Court adopts rules specifying

 

 

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1a higher or lower fee amount.
2    There is created the Supreme Court Special Purposes Fund, a
3special fund in the State treasury. Moneys collected under this
4Section shall be deposited into the Supreme Court Special
5Purposes Fund, to be used by the Supreme Court for:
6        (1) costs associated with electronic filing and case
7    management systems in the reviewing courts; and
8        (2) the operation of committees and commissions
9    established by the Supreme Court.
10(Source: P.A. 88-691; 89-233, eff. 1-1-96; 89-626, eff. 8-9-96;
1189-686, eff. 12-31-96.)
 
12    (705 ILCS 105/29)
13    Sec. 29. Salary; disposition of fees; expenditures. The
14ordinary and contingent expenses of operating the Office of the
15Clerk of the Supreme Court, including salaries, shall be
16determined by the Supreme Court and paid from the State
17treasury on the warrant of the Comptroller out of
18appropriations made for that purpose by the General Assembly.
19    Except as specified under Section 28 of this Act, Section
2012 of the Professional Service Corporation Act, Section 50-45
21of the Limited Liability Company Act, and Section 10 of the
22Professional Association Act, all All fees and costs paid to or
23received by the Clerk of the Supreme Court shall be paid into
24the State Treasury.
25(Source: P.A. 89-233, eff. 1-1-96.)
 

 

 

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1    Section 20. The Professional Service Corporation Act is
2amended by changing Section 12 as follows:
 
3    (805 ILCS 10/12)  (from Ch. 32, par. 415-12)
4    Sec. 12. (a) No corporation shall open, operate or maintain
5an establishment for any of the purposes for which a
6corporation may be organized under this Act without a
7certificate of registration from the regulating authority
8authorized by law to license individuals to engage in the
9profession or related professions concerned. Application for
10such registration shall be made in writing, and shall contain
11the name and address of the corporation, and such other
12information as may be required by the regulating authority.
13Upon receipt of such application, the regulating authority, or
14some administrative agency of government designated by it,
15shall make an investigation of the corporation. If the
16regulating authority is the Supreme Court it may designate the
17bar or legal association which investigates and prefers charges
18against lawyers to it for disciplining. If such authority finds
19that the incorporators, officers, directors and shareholders
20are each licensed pursuant to the laws of Illinois to engage in
21the particular profession or related professions involved
22(except that the secretary of the corporation need not be so
23licensed), and if no disciplinary action is pending before it
24against any of them, and if it appears that the corporation

 

 

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1will be conducted in compliance with the law and the
2regulations and rules of the regulating authority, such
3authority, shall issue, upon payment of a registration fee of
4$50, a certificate of registration.
5    Upon written application of the holder, the regulating
6authority which originally issued the certificate of
7registration shall renew the certificate if it finds that the
8corporation has complied with its regulations and the
9provisions of this Act.
10    The fee for the renewal of a certificate of registration
11shall be calculated at the rate of $40 per year.
12    The certificate of registration shall be conspicuously
13posted upon the premises to which it is applicable, and the
14professional corporation shall have only those offices which
15are designated by street address in the articles of
16incorporation, or as changed by amendment of such articles. No
17certificate of registration shall be assignable.
18    (b) Moneys collected under this Section from a professional
19corporation organized to practice law shall be deposited into
20the Supreme Court Special Purposes Fund.
21    (c) After the effective date of this amendatory Act of the
2298th General Assembly, the amount of any fee collected under
23this Section from a professional corporation organized to
24practice law may be set by Supreme Court rule, except that the
25amount of the fees shall remain as set by statute until the
26Supreme Court adopts rules specifying a higher or lower fee

 

 

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1amount.
2(Source: P.A. 83-863.)
 
3    Section 25. The Limited Liability Company Act is amended by
4changing Section 50-45 as follows:
 
5    (805 ILCS 180/50-45)
6    Sec. 50-45. Certificate of registration; attorneys at law.
7    (a) A limited liability company that is organized to
8practice law may not engage in the practice of law without a
9certificate of registration from the Supreme Court of Illinois.
10Application for registration shall be made in writing and shall
11contain the name and address of the limited liability company
12and such other information as may be required by the Supreme
13Court. Upon receipt of the application, if the Supreme Court
14finds that the organizers, members, and managers are each
15licensed to practice law, no disciplinary action is pending
16against any of them, and it appears that the limited liability
17company will be conducted in compliance with the law and the
18rules of the Supreme Court, the Supreme Court may issue, upon
19payment of a registration fee of $50, a certificate of
20registration.
21    Upon written application of the certificate holder and upon
22completion of a form prescribed by the Supreme Court, the
23Supreme Court may renew the certificate if it finds that the
24limited liability company has complied with the Supreme Court's

 

 

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1rules and the provisions of this Act. The fee for the renewal
2of a certificate of registration is $40 per year.
3    The applications submitted and fees payable to the Supreme
4Court shall be in addition to the documents, amendments, and
5reports filed with and the fees and penalties charged by the
6Secretary of State.
7    The certificate of registration shall be conspicuously
8posted upon the premises to which it is applicable, and the
9limited liability company may have only those offices that are
10designated by street address in the articles of organization or
11as changed by amendment of those articles. A certificate of
12registration is not assignable.
13    (b) Moneys collected under this Section shall be deposited
14into the Supreme Court Special Purposes Fund.
15    (c) After the effective date of this amendatory Act of the
1698th General Assembly, the amount of any fee collected under
17this Section may be set by Supreme Court rule, except that the
18amount of the fees shall remain as set by statute until the
19Supreme Court adopts rules specifying a higher or lower fee
20amount.
21(Source: P.A. 89-686, eff. 12-31-96.)
 
22    Section 30. The Professional Association Act is amended by
23changing Section 10 as follows:
 
24    (805 ILCS 305/10)  (from Ch. 106 1/2, par. 110)

 

 

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1    Sec. 10. Regulation of practice of law.
2    (a) The manner in which lawyers practice law under this Act
3is subject to the powers of the Supreme Court to regulate the
4practice of law.
5    (b) A professional association that is organized to
6practice law may not engage in the practice of law without a
7certificate of registration from the Supreme Court of Illinois.
8Application for registration shall be made in writing and shall
9contain the name and address of the professional association
10and such other information as may be required by the Supreme
11Court. Upon receipt of the application, if the Supreme Court
12finds that the members and shareholders are each licensed to
13practice law, no disciplinary action is pending against any of
14them, and it appears that the professional association will be
15conducted in compliance with the law and the rules of the
16Supreme Court, the Supreme Court may issue, upon payment of a
17registration fee of $50, a certificate of registration.
18    Upon written application of the certificate holder and upon
19completion of a form prescribed by the Supreme Court, the
20Supreme Court may renew the certificate if it finds that the
21professional association has complied with the Supreme Court's
22rules and the provisions of this Act. The fee for the renewal
23of a certificate of registration is $40 per year.
24    The certificate of registration shall be conspicuously
25posted upon the premises to which it is applicable, and the
26professional association may have only those offices that are

 

 

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1designated by street address in the articles of association or
2as changed by amendment of those articles. A certificate of
3registration is not assignable.
4    (c) Moneys collected under this Section shall be deposited
5into the Supreme Court Special Purposes Fund.
6    (d) After the effective date of this amendatory Act of the
798th General Assembly, the amount of any fee collected under
8this Section may be set by Supreme Court rule, except that the
9amount of the fees shall remain as set by statute until the
10Supreme Court adopts rules specifying a higher or lower fee
11amount.
12(Source: P.A. 89-686, eff. 12-31-96.)
 
13    Section 99. Effective date. This Act takes effect October
141, 2013.