Full Text of SB0544 100th General Assembly
SB0544ham001 100TH GENERAL ASSEMBLY | Rep. Steven A. Andersson Filed: 5/22/2018
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| 1 | | AMENDMENT TO SENATE BILL 544
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 544 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. If and only if House Bill 4594 of the 100th | 5 | | General Assembly becomes law, then "AN ACT concerning fees, | 6 | | fines, and assessments" (House Bill 4594 of the 100th General | 7 | | Assembly) is amended by changing Section 1-5 as follows: | 8 | | (H.B. 4594, 100th G.A., Sec. 1-5)
| 9 | | Sec. 1-5. Definitions. In this Act: | 10 | | "Assessment" means any costs imposed on a defendant under | 11 | | schedules 1 through 13 of this Act. | 12 | | "Business offense" means a petty offense for which the fine | 13 | | is in excess of $1,000. | 14 | | "Case" means all charges and counts filed against a single | 15 | | defendant which are being prosecuted as a single proceeding | 16 | | before the court. |
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| 1 | | "Count" means each separate offense charged in the same | 2 | | indictment, information, or complaint when the indictment, | 3 | | information, or complaint alleges the commission of more than | 4 | | one offense. | 5 | | "Conservation offense" means any violation of the | 6 | | following Acts, Codes, or ordinances, except any offense | 7 | | punishable upon conviction by imprisonment in the | 8 | | penitentiary: | 9 | | (1) Fish and Aquatic Life Code; | 10 | | (2) Wildlife Code; | 11 | | (3) Boat Registration and Safety Act; | 12 | | (4) Park District Code; | 13 | | (5) Chicago Park District Act; | 14 | | (6) State Parks Act; | 15 | | (7) State Forest Act; | 16 | | (8) Forest Fire Protection District Act; | 17 | | (9) Snowmobile Registration and Safety Act; | 18 | | (10) Endangered Species Protection Act; | 19 | | (11) Forest Products Transportation Act; | 20 | | (12) Timber Buyers Licensing Act; | 21 | | (13) Downstate Forest Preserve District Act; | 22 | | (14) Exotic Weed Act; | 23 | | (15) Ginseng Harvesting Act; | 24 | | (16) Cave Protection Act; | 25 | | (17) ordinances adopted under the Counties Code for the | 26 | | acquisition of property for parks or recreational areas; |
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| 1 | | (18) Recreational Trails of Illinois Act; | 2 | | (19) Herptiles-Herps Act; or | 3 | | (20) any rule, regulation, proclamation, or ordinance | 4 | | adopted under any Code or Act named in paragraphs (1) | 5 | | through (19) of this definition. | 6 | | "Conviction" means a judgment of conviction or sentence | 7 | | entered upon a plea of guilty or upon a verdict or finding of | 8 | | guilty of an offense, rendered by a legally constituted jury or | 9 | | by a court of competent jurisdiction authorized to try the case | 10 | | without a jury. | 11 | | "Drug offense" means any violation of the Cannabis Control | 12 | | Act, the Illinois Controlled Substances Act, the | 13 | | Methamphetamine Control and Community Protection Act, or any | 14 | | similar local ordinance which involves the possession or | 15 | | delivery of a drug.
| 16 | | "Drug-related emergency response" means the act of | 17 | | collecting evidence from or securing a site where controlled | 18 | | substances were manufactured, or where by-products from the | 19 | | manufacture of controlled substances are present, and cleaning | 20 | | up the site, whether these actions are performed by public | 21 | | entities or private contractors paid by public entities. | 22 | | "Electronic citation" means the process of transmitting | 23 | | traffic, misdemeanor, municipal ordinance, conservation, or | 24 | | other citations and law enforcement data via electronic means | 25 | | to a circuit court clerk. | 26 | | "Emergency response" means any incident requiring a |
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| 1 | | response by a police officer, an ambulance, a firefighter | 2 | | carried on the rolls of a regularly constituted fire department | 3 | | or fire protection district, a firefighter of a volunteer fire | 4 | | department, or a member of a recognized not-for-profit rescue | 5 | | or emergency medical service provider. "Emergency response" | 6 | | does not include a drug-related emergency response. | 7 | | "Felony offense" means an offense for which a sentence to a | 8 | | term of imprisonment in a penitentiary for one year or more is | 9 | | provided. | 10 | | "Fine" means a pecuniary punishment for a conviction as | 11 | | ordered by a court of law. | 12 | | "Highest classified offense" means the offense in the case | 13 | | which carries the most severe potential disposition under | 14 | | Article 4.5 of the Unified Code of Corrections. | 15 | | "Major traffic offense" means a traffic offense under the | 16 | | Illinois Vehicle Code or a similar provision of a local | 17 | | ordinance other than a petty offense or business offense. | 18 | | "Minor traffic offense" means a petty
offense or business | 19 | | offense under the Illinois Vehicle Code or a similar provision | 20 | | of a local ordinance. | 21 | | "Misdemeanor offense" means any offense for which a | 22 | | sentence to a term of imprisonment in other than a penitentiary | 23 | | for less than one year may be imposed. | 24 | | "Offense" means a violation of any local ordinance or penal | 25 | | statute of this State. | 26 | | "Petty offense" means any offense for which a sentence of |
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| 1 | | imprisonment is not an authorized disposition.
| 2 | | "Service provider costs" means costs incurred as a result | 3 | | of services provided by an entity including, but not limited | 4 | | to, traffic safety programs, laboratories, ambulance | 5 | | companies, and fire departments. "Service provider costs" | 6 | | includes conditional amounts under this Act that are | 7 | | reimbursements for services provided. | 8 | | "Street value" means the amount determined by the court on | 9 | | the basis of testimony
of law enforcement personnel and the | 10 | | defendant as to the amount of drug or materials seized and
any | 11 | | testimony as may be required by the court as to the current | 12 | | street
value of the cannabis, controlled substance, | 13 | | methamphetamine or salt of an optical isomer of | 14 | | methamphetamine, or methamphetamine manufacturing materials | 15 | | seized. | 16 | | "Supervision" means a disposition of conditional and | 17 | | revocable release without probationary supervision, but under | 18 | | the conditions and reporting requirements as are imposed by the | 19 | | court, at the successful conclusion of which disposition the | 20 | | defendant is discharged and a judgment dismissing the charges | 21 | | is entered.
| 22 | | (Source: H.B. 4594, 100th G.A., Sec. 1-5.) | 23 | | Section 10. If and only if the provisions of House Bill | 24 | | 4594 of the 100th General Assembly that are changed by this | 25 | | amendatory Act of the 100th General Assembly becomes law, then |
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| 1 | | the Clerks of Courts Act is amended by changing Section 27.1b | 2 | | as follows: | 3 | | (705 ILCS 105/27.1b) | 4 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | 5 | | other provision of law, all fees charged by the clerks of the | 6 | | circuit court for the services described in this Section shall | 7 | | be established, collected, and disbursed in accordance with | 8 | | this Section. Except as otherwise specified in this Section, | 9 | | all All fees under this Section shall be paid in advance and | 10 | | disbursed by each clerk on a monthly basis. In a county with a | 11 | | population of over 3,000,000, units of local government and | 12 | | school districts shall not be required to pay fees under this | 13 | | Section in advance and the clerk shall instead send an itemized | 14 | | bill to the unit of local government or school district, within | 15 | | 30 days of the fee being incurred, and the unit of local | 16 | | government or school district shall be allowed at least 30 days | 17 | | from the date of the itemized bill to pay; these payments shall | 18 | | be disbursed by each clerk on a monthly basis. Unless otherwise | 19 | | specified in this Section, the amount of a fee shall be | 20 | | determined by ordinance or resolution of the county board and | 21 | | remitted to the county treasurer to be used for purposes | 22 | | related to the operation of the court system in the county. In | 23 | | a county with population of over 3,000,000, any amount retained | 24 | | by the clerk of the circuit court or remitted to the county | 25 | | treasurer shall be subject to appropriation by the county |
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| 1 | | board. | 2 | | (a) Civil cases. The fee for filing a complaint, petition, | 3 | | or other pleading initiating a civil action shall be as set | 4 | | forth in the applicable schedule under this subsection in | 5 | | accordance with case categories established by the Supreme | 6 | | Court in schedules. | 7 | | (1) SCHEDULE 1: not to exceed a total of $366 in a | 8 | | county with a population of 3,000,000 or more and $316 in | 9 | | any other county, except as applied to units of local | 10 | | government and school districts in counties with more than | 11 | | 3,000,000 inhabitants an amount not to exceed $190 through | 12 | | December 31, 2021 and $184 on and after January 1, 2022. | 13 | | The fees collected under this schedule shall be disbursed | 14 | | as follows: | 15 | | (A) The clerk shall retain a sum, in an amount not | 16 | | to exceed $55 in a county with a population of | 17 | | 3,000,000 or more and $45 in any other county | 18 | | determined by the clerk with the approval of the | 19 | | Supreme Court, to be used for court automation, court | 20 | | document storage, and administrative purposes. | 21 | | (B) The clerk shall remit up to $21 to the State | 22 | | Treasurer. The State Treasurer shall deposit the | 23 | | appropriate amounts, in accordance with the clerk's | 24 | | instructions, as follows: | 25 | | (i) up to $10, as specified by the Supreme | 26 | | Court in accordance with Part 10A of Article II of |
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| 1 | | the Code of Civil Procedure, into the Mandatory | 2 | | Arbitration Fund; | 3 | | (ii) $2 into the Access to Justice Fund; and | 4 | | (iii) $9 into the Supreme Court Special | 5 | | Purposes Fund. | 6 | | (C) The clerk shall remit a sum to the County | 7 | | Treasurer, in an amount not to exceed $290 in a county | 8 | | with a population of 3,000,000 or more and in an amount | 9 | | not to exceed $250 in any other county, as specified by | 10 | | ordinance or resolution passed by the county board, for | 11 | | purposes related to the operation of the court system | 12 | | in the county. | 13 | | (2) SCHEDULE 2: not to exceed a total of $357 in a | 14 | | county with a population of 3,000,000 or more and $266 in | 15 | | any other county, except as applied to units of local | 16 | | government and school districts in counties with more than | 17 | | 3,000,000 inhabitants an amount not to exceed $190 through | 18 | | December 31, 2021 and $184 on and after January 1, 2022. | 19 | | The fees collected under this schedule shall be disbursed | 20 | | 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 $45 in any other county | 24 | | determined by the clerk with the approval of the | 25 | | Supreme Court, to be used for court automation, court | 26 | | document storage, and administrative 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, for | 17 | | purposes related to the operation of the court system | 18 | | in the county. | 19 | | (3) SCHEDULE 3: not to exceed a total of $265 in a | 20 | | county with a population of 3,000,000 or more and $89 in | 21 | | any other county, except as applied to units of local | 22 | | government and school districts in counties with more than | 23 | | 3,000,000 inhabitants an amount not to exceed $190 through | 24 | | December 31, 2021 and $184 on and after January 1, 2022. | 25 | | The fees collected under this schedule shall be disbursed | 26 | | 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 $22 in any other county | 4 | | determined by the clerk with the approval of the | 5 | | Supreme Court, to be used for court automation, court | 6 | | document storage, and administrative purposes. | 7 | | (B) The clerk shall remit $11 to the State | 8 | | Treasurer. The State Treasurer shall deposit the | 9 | | appropriate amounts in accordance with the clerk's | 10 | | instructions, as follows: | 11 | | (i) $2 into the Access to Justice Fund; and | 12 | | (ii) $9 into the Supreme Court Special | 13 | | Purposes Fund. | 14 | | (C) The clerk shall remit a sum to the County | 15 | | Treasurer, in an amount not to exceed $199 in a county | 16 | | with a population of 3,000,000 or more and in an amount | 17 | | not to exceed $56 in any other county, as specified by | 18 | | ordinance or resolution passed by the county board, for | 19 | | purposes related to the operation of the court system | 20 | | in the county. | 21 | | (4) SCHEDULE 4: $0. | 22 | | (b) Appearance. The fee for filing an appearance in a civil | 23 | | action, including a cannabis civil law action under the | 24 | | Cannabis Control Act, shall be as set forth in the applicable | 25 | | schedule under this subsection in accordance with case | 26 | | categories established by the Supreme Court in schedules. |
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| 1 | | (1) SCHEDULE 1: not to exceed a total of $230 in a | 2 | | county with a population of 3,000,000 or more and $191 in | 3 | | any other county, except as applied to units of local | 4 | | government and school districts in counties with more than | 5 | | 3,000,000 inhabitants an amount not to exceed $75. The fees | 6 | | collected under this schedule shall be disbursed as | 7 | | follows: | 8 | | (A) The clerk shall retain a sum, in an amount not | 9 | | to exceed $50 in a county with a population of | 10 | | 3,000,000 or more and $45 in any other county | 11 | | determined by the clerk with the approval of the | 12 | | Supreme Court, to be used for court automation, court | 13 | | document storage, and administrative purposes. | 14 | | (B) The clerk shall remit up to $21 to the State | 15 | | Treasurer. The State Treasurer shall deposit the | 16 | | appropriate amounts, in accordance with the clerk's | 17 | | instructions, as follows: | 18 | | (i) up to $10, as specified by the Supreme | 19 | | Court in accordance with Part 10A of Article II of | 20 | | the Code of Civil Procedure, into the Mandatory | 21 | | Arbitration Fund; | 22 | | (ii) $2 into the Access to Justice Fund; and | 23 | | (iii) $9 into the Supreme Court Special | 24 | | Purposes Fund. | 25 | | (C) The clerk shall remit a sum to the County | 26 | | Treasurer, in an amount not to exceed $159 in a county |
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| 1 | | with a population of 3,000,000 or more and in an amount | 2 | | not to exceed $125 in any other county, as specified by | 3 | | ordinance or resolution passed by the county board, for | 4 | | purposes related to the operation of the court system | 5 | | in the county. | 6 | | (2) SCHEDULE 2: not to exceed a total of $130 in a | 7 | | county with a population of 3,000,000 or more and $109 in | 8 | | any other county, except as applied to units of local | 9 | | government and school districts in counties with more than | 10 | | 3,000,000 inhabitants an amount not to exceed $75. The fees | 11 | | collected under this schedule shall be disbursed as | 12 | | follows: | 13 | | (A) The clerk shall retain a sum, in an amount not | 14 | | to exceed $50 in a county with a population of | 15 | | 3,000,000 or more and $10 in any other county | 16 | | determined by the clerk with the approval of the | 17 | | Supreme Court, to be used for court automation, court | 18 | | document storage, and administrative purposes. | 19 | | (B) The clerk shall remit $9 to the State | 20 | | Treasurer, which the State Treasurer shall deposit | 21 | | into the Supreme Court Special Purpose Fund. | 22 | | (C) The clerk shall remit a sum to the County | 23 | | Treasurer, in an amount not to exceed $71 in a county | 24 | | with a population of 3,000,000 or more and in an amount | 25 | | not to exceed $90 in any other county, as specified by | 26 | | ordinance or resolution passed by the county board, for |
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| 1 | | purposes related to the operation of the court system | 2 | | in the county. | 3 | | (3) SCHEDULE 3: $0. | 4 | | (b-5) Kane County and Will County. In Kane County and Will | 5 | | County civil cases, there is an additional fee of up to $30 as | 6 | | set by the county board under Section 5-1101.3 of the Counties | 7 | | Code to be paid by each party at the time of filing the first | 8 | | pleading, paper, or other appearance; provided that no | 9 | | additional fee shall be required if more than one party is | 10 | | represented in a single pleading, paper, or other appearance. | 11 | | Distribution of fees collected under this subsection (b-5) | 12 | | shall be as provided in Section 5-1101.3 of the Counties Code. | 13 | | (c) Counterclaim or third party complaint. When any | 14 | | defendant files a counterclaim or third party complaint, as | 15 | | part of the defendant's answer or otherwise, the defendant | 16 | | shall pay a filing fee for each counterclaim or third party | 17 | | complaint in an amount equal to the filing fee the defendant | 18 | | would have had to pay had the defendant brought a separate | 19 | | action for the relief sought in the counterclaim or third party | 20 | | complaint, less the amount of the appearance fee, if any, that | 21 | | the defendant has already paid in the action in which the | 22 | | counterclaim or third party complaint is filed. | 23 | | (d) Alias summons. The clerk shall collect a fee not to | 24 | | exceed $6 in a county with a population of 3,000,000 or more | 25 | | and $5 in any other county for each alias summons or citation | 26 | | issued by the clerk, except as applied to units of local |
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| 1 | | government and school districts in counties with more than | 2 | | 3,000,000 inhabitants an amount not to exceed $5 for each alias | 3 | | summons or citation issued by the clerk. | 4 | | (e) Jury services. The clerk shall collect, in addition to | 5 | | other fees allowed by law, a sum not to exceed $212.50, as a | 6 | | fee for the services of a jury in every civil action not | 7 | | quasi-criminal in its nature and not a proceeding for the | 8 | | exercise of the right of eminent domain and in every other | 9 | | action wherein the right of trial by jury is or may be given by | 10 | | law. The jury fee shall be paid by the party demanding a jury | 11 | | at the time of filing the jury demand. If the fee is not paid by | 12 | | either party, no jury shall be called in the action or | 13 | | proceeding, and the action or proceeding shall be tried by the | 14 | | court without a jury. | 15 | | (f) Change of venue. In connection with a change of venue: | 16 | | (1) The clerk of the jurisdiction from which the case | 17 | | is transferred may charge a fee, not to exceed $40, for the | 18 | | preparation and certification of the record; and | 19 | | (2) The clerk of the jurisdiction to which the case is | 20 | | transferred may charge the same filing fee as if it were | 21 | | the commencement of a new suit. | 22 | | (g) Petition to vacate or modify. | 23 | | (1) In a proceeding involving a petition to vacate or | 24 | | modify any final judgment or order filed within 30 days | 25 | | after the judgment or order was entered, except for a | 26 | | forcible entry and detainer case, small claims case, |
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| 1 | | petition to reopen an estate, petition to modify, | 2 | | terminate, or enforce a judgment or order for child or | 3 | | spousal support, or petition to modify, suspend, or | 4 | | terminate an order for withholding, the fee shall not | 5 | | exceed $60 in a county with a population of 3,000,000 or | 6 | | more and $50 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 $50. | 10 | | (2) In a proceeding involving a petition to vacate or | 11 | | modify any final judgment or order filed more than 30 days | 12 | | after the judgment or order was entered, except for a | 13 | | petition to modify, terminate, or enforce a judgment or | 14 | | order for child or spousal support, or petition to modify, | 15 | | suspend, or terminate an order for withholding, the fee | 16 | | shall not exceed $75. | 17 | | (3) In a proceeding involving a motion to vacate or | 18 | | amend a final order, motion to vacate an ex parte judgment, | 19 | | judgment of forfeiture, or "failure to appear" or "failure | 20 | | to comply" notices sent to the Secretary of State, the fee | 21 | | shall equal $40. | 22 | | (h) Appeals preparation. The fee for preparation of a | 23 | | record on appeal shall be based on the number of pages, as | 24 | | follows: | 25 | | (1) if the record contains no more than 100 pages, the | 26 | | fee shall not exceed $70 in a county with a population of |
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| 1 | | 3,000,000 or more and $50 in any other county; | 2 | | (2) if the record contains between 100 and 200 pages, | 3 | | the fee shall not exceed $100; and | 4 | | (3) if the record contains 200 or more pages, the clerk | 5 | | may collect an additional fee not to exceed 25 cents per | 6 | | page. | 7 | | (i) Remands. In any cases remanded to the circuit court | 8 | | from the Supreme Court or the appellate court for a new trial, | 9 | | the clerk shall reinstate the case with either its original | 10 | | number or a new number. The clerk shall not charge any new or | 11 | | additional fee for the reinstatement. Upon reinstatement, the | 12 | | clerk shall advise the parties of the reinstatement. Parties | 13 | | shall have the same right to a jury trial on remand and | 14 | | reinstatement that they had before the appeal, and no | 15 | | additional or new fee or charge shall be made for a jury trial | 16 | | after remand. | 17 | | (j) Garnishment, wage deduction, and citation. In | 18 | | garnishment affidavit, wage deduction affidavit, and citation | 19 | | petition proceedings: | 20 | | (1) if the amount in controversy in the proceeding is | 21 | | not more than $1,000, the fee may not exceed $35 in a | 22 | | county with a population of 3,000,000 or more and $15 in | 23 | | any other county, except as applied to units of local | 24 | | government and school districts in counties with more than | 25 | | 3,000,000 inhabitants an amount not to exceed $15; | 26 | | (2) if the amount in controversy in the proceeding is |
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| 1 | | greater than $1,000 and not more than $5,000, the fee may | 2 | | not exceed $45 in a county with a population of 3,000,000 | 3 | | or more and $30 in any other county, except as applied to | 4 | | units of local government and school districts in counties | 5 | | with more than 3,000,000 inhabitants an amount not to | 6 | | exceed $30; and | 7 | | (3) if the amount in controversy in the proceeding is | 8 | | greater than $5,000, the fee may not exceed $65 in a county | 9 | | with a population of 3,000,000 or more and $50 in any other | 10 | | county, except as applied to units of local government and | 11 | | school districts in counties with more than 3,000,000 | 12 | | inhabitants an amount not to exceed $50. | 13 | | (j-5) Debt Collection. In any proceeding to collect a debt | 14 | | subject to the exception in item (ii) of subparagraph (A-5) of | 15 | | paragraph (1) of subsection (z) of this Section, the circuit | 16 | | court shall order and the clerk shall collect from each | 17 | | judgment debtor a fee of: | 18 | | (1) $35 if the amount in controversy in the proceeding | 19 | | is not more than $1,000; | 20 | | (2) $45 if the amount in controversy in the proceeding | 21 | | is greater than $1,000 and not more than $5,000; and | 22 | | (3) $65 if the amount in controversy in the proceeding | 23 | | is greater than $5,000. | 24 | | (k) Collections. | 25 | | (1) For all collections made of others, except the | 26 | | State and county and except in maintenance or child support |
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| 1 | | cases, the clerk may collect a fee of up to 2.5% of the | 2 | | amount collected and turned over. | 3 | | (2) In child support and maintenance cases, the clerk | 4 | | may collect an annual fee of up to $36 from the person | 5 | | making payment for maintaining child support records and | 6 | | the processing of support orders to the State of Illinois | 7 | | KIDS system and the recording of payments issued by the | 8 | | State Disbursement Unit for the official record of the | 9 | | Court. This fee is in addition to and separate from amounts | 10 | | ordered to be paid as maintenance or child support and | 11 | | shall be deposited into a Separate Maintenance and Child | 12 | | Support Collection Fund, of which the clerk shall be the | 13 | | custodian, ex officio, to be used by the clerk to maintain | 14 | | child support orders and record all payments issued by the | 15 | | State Disbursement Unit for the official record of the | 16 | | Court. The clerk may recover from the person making the | 17 | | maintenance or child support payment any additional cost | 18 | | incurred in the collection of this annual fee. | 19 | | (3) The clerk may collect a fee of $5 for | 20 | | certifications made to the Secretary of State as provided | 21 | | in Section 7-703 of the Family Financial Responsibility Law | 22 | | and these fees shall be deposited into the Separate | 23 | | Maintenance and Child Support Collection Fund. | 24 | | (4) In proceedings
to foreclose the lien of delinquent | 25 | | real estate taxes State's Attorneys
shall receive a fee of | 26 | | 10%
of the total amount realized from the sale of real |
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| 1 | | estate sold in the
proceedings. The clerk shall collect the | 2 | | fee from the total amount realized from
the sale of the | 3 | | real estate sold in the proceedings and remit to the County | 4 | | Treasurer to be credited to the earnings of the Office of | 5 | | State's Attorney. | 6 | | (l) Mailing. The fee for the clerk mailing documents shall | 7 | | not exceed $10 plus the cost of postage. | 8 | | (m) Certified copies. The fee for each certified copy of a | 9 | | judgment, after the first copy, shall not exceed $10. | 10 | | (n) Certification, authentication, and reproduction. | 11 | | (1) The fee for each certification or authentication | 12 | | for taking the acknowledgment of a deed or other instrument | 13 | | in writing with the seal of office shall not exceed $6. | 14 | | (2) The fee for reproduction of any document contained | 15 | | in the clerk's files shall not exceed: | 16 | | (A) $2 for the first page; | 17 | | (B) 50 cents per page for the next 19 pages; and | 18 | | (C) 25 cents per page for all additional pages. | 19 | | (o) Record search. For each record search, within a | 20 | | division or municipal district, the clerk may collect a search | 21 | | fee not to exceed $6 for each year searched. | 22 | | (p) Hard copy. For each page of hard copy print output, | 23 | | when case records are maintained on an automated medium, the | 24 | | clerk may collect a fee not to exceed $10 in a county with a | 25 | | population of 3,000,000 or more and $6 in any other county, | 26 | | except as applied to units of local government and school |
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| 1 | | districts in counties with more than 3,000,000 inhabitants an | 2 | | amount not to exceed $6. | 3 | | (q) Index inquiry and other records. No fee shall be | 4 | | charged for a single plaintiff and defendant index inquiry or | 5 | | single case record inquiry when this request is made in person | 6 | | and the records are maintained in a current automated medium, | 7 | | and when no hard copy print output is requested. The fees to be | 8 | | charged for management records, multiple case records, and | 9 | | multiple journal records may be specified by the Chief Judge | 10 | | pursuant to the guidelines for access and dissemination of | 11 | | information approved by the Supreme Court. | 12 | | (r) Performing a marriage. There shall be a $10 fee for | 13 | | performing a marriage in court. | 14 | | (s) Voluntary assignment. For filing each deed of voluntary | 15 | | assignment, the clerk shall collect a fee not to exceed $20. | 16 | | For recording a deed of voluntary assignment, the clerk shall | 17 | | collect a fee not to exceed 50 cents for each 100 words. | 18 | | Exceptions filed to claims presented to an assignee of a debtor | 19 | | who has made a voluntary assignment for the benefit of | 20 | | creditors shall be considered and treated, for the purpose of | 21 | | taxing costs therein, as actions in which the party or parties | 22 | | filing the exceptions shall be considered as party or parties | 23 | | plaintiff, and the claimant or claimants as party or parties | 24 | | defendant, and those parties respectively shall pay to the | 25 | | clerk the same fees as provided by this Section to be paid in | 26 | | other actions. |
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| 1 | | (t) Expungement petition. The clerk may collect a fee not | 2 | | to exceed $60 for each expungement petition filed and an | 3 | | additional fee not to exceed $4 for each certified copy of an | 4 | | order to expunge arrest records. | 5 | | (u) Transcripts of judgment. For the filing of a transcript | 6 | | of judgment, the clerk may collect the same fee as if it were | 7 | | the commencement of a new suit. | 8 | | (v) Probate filings. | 9 | | (1) For each account (other than one final account) | 10 | | filed in the estate of a decedent, or ward, the fee shall | 11 | | not exceed $25. | 12 | | (2) For filing a claim in an estate when the amount | 13 | | claimed is greater than $150 and not more than $500, the | 14 | | fee shall not exceed $40 in a county with a population of | 15 | | 3,000,000 or more and $25 in any other county; when the | 16 | | amount claimed is greater than $500 and not more than | 17 | | $10,000, the fee shall not exceed $55 in a county with a | 18 | | population of 3,000,000 or more and $40 in any other | 19 | | county; and when the amount claimed is more than $10,000, | 20 | | the fee shall not exceed $75 in a county with a population | 21 | | of 3,000,000 or more and $60 in any other county; except | 22 | | the court in allowing a claim may add to the amount allowed | 23 | | the filing fee paid by the claimant. | 24 | | (3) For filing in an estate a claim, petition, or | 25 | | supplemental proceeding based upon an action seeking | 26 | | equitable relief including the construction or contest of a |
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| 1 | | will, enforcement of a contract to make a will, and | 2 | | proceedings involving testamentary trusts or the | 3 | | appointment of testamentary trustees, the fee shall not | 4 | | exceed $60. | 5 | | (4) There shall be no fee for filing in an estate: (i) | 6 | | the appearance of any person for the purpose of consent; or | 7 | | (ii) the appearance of an executor, administrator, | 8 | | administrator to collect, guardian, guardian ad litem, or | 9 | | special administrator. | 10 | | (5) For each jury demand, the fee shall not exceed | 11 | | $137.50. | 12 | | (6) For each certified copy of letters of office, of | 13 | | court order, or other certification, the fee shall not | 14 | | exceed
$2 per page. | 15 | | (7) For each exemplification, the fee shall not exceed | 16 | | $2, plus the fee for certification. | 17 | | (8) The executor, administrator, guardian, petitioner, | 18 | | or other interested person or his or her attorney shall pay | 19 | | the cost of publication by the clerk directly to the | 20 | | newspaper. | 21 | | (9) The person on whose behalf a charge is incurred for | 22 | | witness, court reporter, appraiser, or other miscellaneous | 23 | | fees shall pay the same directly to the person entitled | 24 | | thereto. | 25 | | (10) The executor, administrator, guardian, | 26 | | petitioner, or other interested person or his or her |
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| 1 | | attorney shall pay to the clerk all postage charges | 2 | | incurred by the clerk in mailing petitions, orders, | 3 | | notices, or other documents pursuant to the provisions of | 4 | | the Probate Act of 1975. | 5 | | (w) Corrections of numbers. For correction of the case | 6 | | number, case title, or attorney computer identification | 7 | | number, if required by rule of court, on any document filed in | 8 | | the clerk's office, to be charged against the party that filed | 9 | | the document, the fee shall not exceed $25. | 10 | | (x) Miscellaneous. | 11 | | (1) Interest earned on any fees collected by the clerk | 12 | | shall be turned over to the county general fund as an | 13 | | earning of the office. | 14 | | (2) For any check, draft, or other bank instrument | 15 | | returned to the clerk for non-sufficient funds, account | 16 | | closed, or payment stopped, the clerk shall collect a fee | 17 | | of $25. | 18 | | (y) Other fees. The clerk of the circuit court may provide | 19 | | services in connection with the operation of the clerk's | 20 | | office, other than those services mentioned in this Section, as | 21 | | may be requested by the public and agreed to by the clerk and | 22 | | approved by the Chief Judge. Any charges for additional | 23 | | services shall be as agreed to between the clerk and the party | 24 | | making the request and approved by the Chief Judge. Nothing in | 25 | | this subsection shall be construed to require any clerk to | 26 | | provide any service not otherwise required by law. |
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| 1 | | (y-5) Unpaid fees. Unless a court ordered payment schedule | 2 | | is implemented or the fee
requirements of this Section are | 3 | | waived under a court order, the clerk of
the circuit court may | 4 | | add to any unpaid fees and costs under this Section a | 5 | | delinquency
amount equal to 5% of the unpaid fees that remain | 6 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | 7 | | after 60 days, and 15% of the unpaid fees
that remain unpaid | 8 | | after 90 days. Notice to those parties may be made by
signage | 9 | | posting or publication. The additional delinquency amounts | 10 | | collected under this Section shall
be used to defray additional | 11 | | administrative costs incurred by the clerk of the
circuit court | 12 | | in collecting unpaid fees and costs. | 13 | | (z) Exceptions. | 14 | | (1) No fee authorized by this Section shall apply to: | 15 | | (A) police departments or other law enforcement | 16 | | agencies. In this Section, "law enforcement agency" | 17 | | means: an agency of the State or agency of a unit of | 18 | | local government which is vested by law or ordinance | 19 | | with the duty to maintain public order and to enforce | 20 | | criminal laws or ordinances; the Attorney General; or | 21 | | any State's Attorney; | 22 | | (A-5) any unit of local government or school | 23 | | district , except in counties having a population of | 24 | | 500,000 or more the county board may by resolution set | 25 | | fees for units of local government or school districts | 26 | | no greater than the minimum fees applicable in counties |
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| 1 | | with a population less than 3,000,000; provided | 2 | | however, no fee may be charged to any unit of local | 3 | | government or school district in connection with any | 4 | | action which, in whole or in part, is: (i) to enforce | 5 | | an ordinance; (ii) to collect a debt; or (iii) under | 6 | | the Administrative Review Law in counties having a | 7 | | population of 500,000 or less and the county board in | 8 | | counties having a population exceeding 500,000 may by | 9 | | resolution set reduced fees for units of local | 10 | | government or school districts ; | 11 | | (B) any action instituted by the corporate | 12 | | authority of a municipality with more than 1,000,000 | 13 | | inhabitants under Section 11-31-1 of the Illinois | 14 | | Municipal Code and any action instituted under | 15 | | subsection (b) of Section 11-31-1 of the Illinois | 16 | | Municipal Code by a private owner or tenant of real | 17 | | property within 1,200 feet of a dangerous or unsafe | 18 | | building seeking an order compelling the owner or | 19 | | owners of the building to take any of the actions | 20 | | authorized under that subsection; | 21 | | (C) any commitment petition or petition for an | 22 | | order authorizing the administration of psychotropic | 23 | | medication or electroconvulsive therapy under the | 24 | | Mental Health and Developmental Disabilities Code; | 25 | | (D) a petitioner in any order of protection | 26 | | proceeding, including, but not limited to, fees for |
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| 1 | | filing, modifying, withdrawing, certifying, or | 2 | | photocopying petitions for orders of protection, | 3 | | issuing alias summons, any related filing service, or | 4 | | certifying, modifying, vacating, or photocopying any | 5 | | orders of protection; or | 6 | | (E) proceedings for the appointment of a | 7 | | confidential intermediary under the Adoption Act. | 8 | | (2) No fee other than the filing fee contained in the | 9 | | applicable schedule in subsection (a) shall be charged to | 10 | | any person in connection with an adoption proceeding. | 11 | | (3) Upon good cause shown, the court may waive any fees | 12 | | associated with a special needs adoption. The term "special | 13 | | needs adoption" has the meaning provided by the Illinois | 14 | | Department of Children and Family Services. | 15 | | (aa) This Section is repealed on December 31, 2019.
| 16 | | (Source: 100HB4594enr.) | 17 | | Section 99. Effective date. This Act takes effect July 1, | 18 | | 2019.".
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