HB1726 Engrossed LRB102 13675 HLH 19025 b
1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The State Fair Act is amended by changing
5		Section 6 as follows:
6		(20 ILCS 210/6) (from Ch. 127, par. 1706)
7		Sec. 6. Policies, procedures, and powers concerning the
8		operation of fairs.
9		(a) Policies. The Department shall, pursuant to the
10		Illinois Administrative Procedure Act, establish by rule:
11		(1) the policy for the operation of the Illinois State
12		Fair and the DuQuoin State Fair, except those operations
13		regarding contests as provided for in subparagraphs (b)
14		and (c) of this Section, and
15		(2) the policies and procedures for the sale, barter,
16		or exchange of tickets and for ticket refunds for
17		cancelled events.
18		(b) Contests. The Department shall establish and make
19		available, for all contestants and other interested persons,
20		sufficient copies of a premium book or other publication that
21		establishes the kinds and classes of events or exhibits for
22		contests at the fairs, the conditions under which contestants
23		shall be entered into contests, the qualification and

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1		disqualification requirements of contests, the drug testing
2		requirements for contests (if applicable), the premiums to be
3		offered to contest winners, the manner in which certificates
4		of award shall be distributed and premiums paid to contest
5		winners, the penalty for violations of a rule, condition,
6		instruction, or directive, and requirements of contests,
7		including but not limited to the return of all premiums paid,
8		the forfeiture of awards, and the prohibition of participating
9		in future contests, and all other rules and requirements for
10		contests. These rules, conditions, instructions, directives,
11		and requirements shall be exempt from the rulemaking
12		procedures of the Illinois Administrative Procedure Act. All
13		such publications issued by the Department that relate to a
14		contest, event, or exhibit shall be maintained as a public
15		record at the Department's principal office in Springfield,
16		Illinois, and made available for public inspection and copying
17		during regular business hours.
18		(c) Fees. The Department shall establish and publish for
19		the Illinois State Fair and the DuQuoin State Fair a schedule
20		of admission fees, entry fees, concession fees, space rentals
21		and other fees for activities offered or provided at each
22		State Fair. These schedules of fees shall be maintained as a
23		public record at the Department's principal office in
24		Springfield, Illinois, and made available for public
25		inspection and copying during regular business, but shall be
26		exempt from the rulemaking procedures of the Illinois

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1		Administrative Procedure Act.
2		(d) Facilities. The Department may negotiate and enter
3		into contracts for activities and use of facilities for which
4		there is not an established or published schedule. The
5		contract criteria shall be established by rule, pursuant to
6		the Illinois Administrative Procedure Act. The Department may
7		lease any of its facilities for activities during the State
8		Fair.
9		(e) Advertising. The Illinois State Fair in Springfield
10		and the DuQuoin State Fair shall have the power and authority
11		to sell or exchange advertising rights in all of its
12		publications and printed materials. The sale of advertising
13		shall be subject to the rules promulgated by the Department,
14		pursuant to the Illinois Administrative Procedure Act. All
15		income derived from the sale of advertising at the Illinois
16		State Fair in Springfield shall be deposited into the Illinois
17		State Fair Fund. All income derived from the sale of
18		advertising at the DuQuoin State Fair shall be deposited into
19		the Agricultural Premium Fund.
20		(f) Veterans. On the day set aside as Veterans Day,
21		honorably discharged veterans and members of their families
22		shall be admitted without admission charge upon presentation
23		of identification of any of the following: honorable discharge
24		certificate, or photostatic copy thereof, or a paid up
25		membership card in any recognized veterans organization.
26		(g) Government functions. The Governor, Lieutenant

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1		Governor, Attorney General, Secretary of State, Treasurer,
2		Comptroller, President and Minority Leader of the Senate, and
3		Minority Leader of the House of Representatives shall be
4		afforded space for official governmental functions, without
5		charge, during the State Fair and the DuQuoin State Fair.
6		(Source: P.A. 93-1055, eff. 11-23-04.)
7		Section 10. The Illinois Promotion Act is amended by
8		changing Section 4b as follows:
9		(20 ILCS 665/4b)
10		Sec. 4b. Coordinating Committee. There is created a
11		Coordinating Committee of State agencies involved with tourism
12		in the State of Illinois. The Committee shall consist of the
13		Director of Commerce and Economic Opportunity as chairman, the
14		Lieutenant Governor, the Secretary of Transportation or his or
15		her designee, and the head executive officer or his or her
16		designee of the following: the Lincoln Presidential Library;
17		the Department of Natural Resources; the Department of
18		Agriculture; the Illinois Arts Council; the Illinois Community
19		College Board; and the Board of Higher Education; and the
20		Grape and Wine Resources Council. The Committee shall also
21		include 4 members of the Illinois General Assembly, one of
22		whom shall be named by the Speaker of the House of
23		Representatives, one of whom shall be named by the Minority
24		Leader of the House of Representatives, one of whom who shall

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1		be named by the President of the Senate, and one of whom shall
2		be named by the Minority Leader of the Senate. The Committee
3		shall meet at least quarterly and at other times as called by
4		the chair. The Committee shall coordinate the promotion and
5		development of tourism activities throughout State government.
6		(Source: P.A. 94-793, eff. 5-19-06.)
7		(20 ILCS 1305/10-6 rep.)
8		Section 15. The Department of Human Services Act is
9		amended by repealing Section 10-6.
10		(20 ILCS 2310/2310-358 rep.)
11		Section 17. The Department of Public Health Powers and
12		Duties Law of the Civil Administrative Code of Illinois is
13		amended by repealing Section 2310-358.
14		Section 20. The State Finance Act is amended by changing
15		Section 6a as follows:
16		(30 ILCS 105/6a) (from Ch. 127, par. 142a)
17		Sec. 6a. (1) The following items of income received by the
18		State Colleges and Universities under the jurisdiction of the
19		Board of Governors of State Colleges and Universities for
20		general operational and educational purposes shall be paid
21		into the state treasury without delay and shall be covered
22		into a special fund to be known as the Board of Governors of

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1		State Colleges and Universities Income Fund: (a) tuition,
2		laboratory, library fees, and any interest which may be earned
3		thereon not later than 20 days after receipt of the same
4		without any deductions except for refunds to students for whom
5		duplicate payment has been made and to students who have
6		withdrawn after registration and who are entitled to such
7		refunds; and (b) excess income from auxiliary enterprises and
8		activities as provided in paragraph (2) of this Section, and
9		all other income arising out of any activity or purpose not
10		specified in paragraph (2) of this Section or in Section 6a-2
11		not later than 10 days after receipt of the same and without
12		any deduction whatever. Such items of income shall be either
13		paid into the State treasury or deposited into a college or
14		university bank account within the time period established for
15		like amounts in Section 2 of the State Officers and Employees
16		Money Disposition Act; provided, that if deposited into a bank
17		account, such items together with interest thereon shall be
18		paid into the State treasury as provided in the preceding
19		sentence. The General Assembly shall from time to time make
20		appropriations payable from the Board of Governors of State
21		Colleges and Universities Income Fund for the support and
22		improvement of such State Colleges and Universities.
23		(2) The following items of income shall be retained by
24		each such State College or University or by the Board of
25		Governors of State Colleges and Universities in its own
26		treasury: endowment funds, gifts, trust funds, and Federal

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1		aid; funds received in connection with contracts with
2		governmental, public or private agencies or persons, for
3		research or services including funds which are paid as
4		reimbursement to the State College or University or to the
5		Board of Governors of State Colleges and Universities and
6		funds received in connection with its operation of research
7		and high technology parks; funds received in connection with
8		reserves authorized by Section 8a of "An Act to provide for the
9		management, operation, control and maintenance of the State
10		Colleges and Universities System", approved July 2, 1951, as
11		amended; funds received in connection with the retention,
12		receipt, assignment, license, sale or transfer of interests
13		in, rights to, or income from discoveries, inventions,
14		patents, or copyrightable works; funds retained by the State
15		College or University under the authority of Section 6a-2, and
16		funds received from the operation of student or staff
17		residence facilities, student and staff medical and health
18		programs, Union buildings, bookstores, farms, stores, and
19		other auxiliary enterprises or activities which are
20		self-supporting in whole or in part. Any income derived from
21		such auxiliary enterprises or activities which is not
22		necessary to their support, maintenance, or development shall
23		not, however, be applied to any general operational or
24		educational purpose but shall be paid into the State Treasury
25		as provided in paragraph (1) of this Section.
26		Whenever such funds retained by each such State College or

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1		University or by the Board of Governors of State Colleges and
2		Universities in its own treasury are deposited with a bank or
3		savings and loan association and the amount of the deposit
4		exceeds the amount of federal deposit insurance coverage, a
5		bond or pledged securities shall be obtained. Only the types
6		of securities which the State Treasurer may, in his
7		discretion, accept for amounts not insured by the Federal
8		Deposit Insurance Corporation or the Federal Savings and Loan
9		Insurance Corporation under Section 11 of "An Act in relation
10		to State moneys", approved June 28, 1919, as amended, may be
11		accepted as pledged securities. The market value of the bond
12		or pledged securities shall at all times be equal to or greater
13		than the uninsured portion of the deposit.
14		(3) (Blank). All monies received by the Cooperative
15		Computer Center operated and maintained by Governors State
16		University, in conjunction and pursuant to contracts with
17		other State universities, shall be deposited in the
18		Cooperative Computer Center Revolving Fund. The General
19		Assembly shall from time to time make appropriations from the
20		Cooperative Computer Center Revolving Fund to be used for
21		expenditures incurred by the Cooperative Computer Center.
22		(4) The Auditor General shall audit or cause to be audited
23		the above items of income and all other income and
24		expenditures of such institutions.
25		(5) Beginning on January 1, 1996, the provisions of
26		paragraphs (1) and (2) of this Section shall be superseded by

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1		Section 5-35 of the Chicago State University Law and Section
2		6a-1c of the State Finance Act with respect to Chicago State
3		University; by Section 10-35 of the Eastern Illinois
4		University Law and Section 6a-1d of the State Finance Act with
5		respect to Eastern Illinois University; by Section 15-35 of
6		the Governors State University Law and Section 6a-1e of the
7		State Finance Act with respect to Governors State University;
8		by Section 25-35 of the Northeastern Illinois University Law
9		and Section 6a-1f of the State Finance Act with respect to
10		Northeastern Illinois University; and by Section 35-35 of the
11		Western Illinois University Law and Section 6a-1g of the State
12		Finance Act with respect to Western Illinois University. On
13		January 1, 1996, all items of income and other funds
14		deposited, retained, or otherwise held under paragraphs (1)
15		and (2) of this Section shall be transferred, appropriated,
16		retained and used as provided by the provisions of law cited in
17		this paragraph as superseding the provisions of paragraphs (1)
18		and (2) of this Section.
19		(Source: P.A. 89-4, eff. 1-1-96.)
20		(30 ILCS 105/5.72 rep.)
21		(30 ILCS 105/5.599 rep.)
22		(30 ILCS 105/5.748 rep.)
23		(30 ILCS 105/6w rep.)
24		(30 ILCS 105/8k rep.)
25		Section 23. The State Finance Act is amended by repealing

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1		Sections 5.72, 5.599, 5.748, 6w, and 8k.
2		Section 25. The Illinois Income Tax Act is amended by
3		changing Section 507DDD as follows:
4		(35 ILCS 5/507DDD)
5		Sec. 507DDD. Special Olympics Illinois and Special
6		Children's Checkoff. For taxable years beginning on or after
7		January 1, 2015, the Department shall print on its standard
8		individual income tax form a provision indicating that if the
9		taxpayer wishes to contribute to the Special Olympics Illinois
10		and Special Children's Charities Checkoff Fund as authorized
11		by Public Act 99-423, he or she may do so by stating the amount
12		of the contribution (not less than $1) on the return and that
13		the contribution will reduce the taxpayer's refund or increase
14		the amount of payment to accompany the return. Failure to
15		remit any amount of increased payment shall reduce the
16		contribution accordingly. This Section shall not apply to an
17		amended return. For the purpose of this Section, the
18		Department of Revenue must distribute the moneys as provided
19		in subsection 21.9(b) of the Illinois Lottery Law: (i) 75% of
20		the moneys to Special Olympics Illinois to support the
21		statewide training, competitions, and programs for future
22		Special Olympics athletes; and (ii) 25% of the moneys to
23		Special Children's Charities to support the City of
24		Chicago-wide training, competitions, and programs for future

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1		Special Olympics athletes.
2		(Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
3		(35 ILCS 5/507AA rep.)
4		(35 ILCS 5/507BB rep.)
5		(35 ILCS 5/507TT rep.)
6		Section 30. The Illinois Income Tax Act is amended by
7		repealing Sections 507AA, 507BB, and 507TT.
8		Section 35. The Illinois Estate and Generation-Skipping
9		Transfer Tax Act is amended by changing Section 13 as follows:
10		(35 ILCS 405/13) (from Ch. 120, par. 405A-13)
11		Sec. 13. Collection by county treasurers; tax collection
12		distribution fund.
13		(a) Collection by county treasurers. Each county treasurer
14		shall transmit to the State Treasurer all taxes, interest or
15		penalties paid to the county treasurer under this Act and in
16		the county treasurer's possession as of the last day of the
17		previous month, together with a report under oath identifying
18		the taxpayer for or by whom an amount was paid. Those amounts
19		and the report shall be transmitted to and received by the
20		State Treasurer by the 10th day of each month. At the same
21		time, a copy of the report shall be furnished to the Attorney
22		General. The report shall be in a form and contain the
23		particulars as the State Treasurer may prescribe. The State

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1		Treasurer shall give the county treasurer a receipt for the
2		amount transmitted to the State Treasurer. Except as provided
3		in subsection (a-5) of this Section, if any county treasurer
4		fails to pay to the State Treasurer all amounts that may be due
5		and payable under this Act as required by this Section, the
6		county treasurer shall pay to the State Treasurer, as a
7		penalty, a sum of money equal to the interest on the amounts
8		not paid at the rate of 1% per month from the time those
9		amounts are due by the county treasurer until those amounts
10		are paid. The sureties upon the official bond of the county
11		treasurer shall be security for the payment of the penalty.
12		The penalty under this Section may be recovered in a civil
13		action against the county treasurer and his or her sureties,
14		in the name of the People of the State of Illinois, in the
15		circuit court within the county wherein the county treasurer
16		is resident; and the penalty, when recovered, shall be paid
17		into the State treasury. The civil action to recover the
18		penalty shall be brought by the State treasurer within 10 days
19		after the failure of the county treasurer to pay to the State
20		Treasurer any amounts collected by the county treasurer within
21		the time required by this Act. Failure to bring the action
22		within that time shall not prevent the bringing of the action
23		thereafter. It is the duty of the State Treasurer to make
24		necessary and proper investigation to determine what amounts
25		should be paid under this Act.
26		(a-5) The State Treasurer may waive penalties imposed by

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1		subsection (a) of this Section on a case-by-case basis if the
2		State Treasurer finds that imposing penalties would be
3		unreasonable or unnecessarily burdensome because the delay in
4		payment was due to an incident caused by the operation of an
5		extraordinary force, including, but not limited to, the
6		occurrence of a natural disaster, that cannot be foreseen,
7		that cannot be avoided by the exercise of due care, and for
8		which no person can be held liable.
9		(b) (Blank). Transfer Tax Collection Distributive Fund.
10		The Transfer Tax Collection Distributive Fund is created as a
11		special fund in the State treasury. The Fund is a continuation
12		of the Fund of the same name created under the Illinois Estate
13		Tax Law, repealed by this Act. As soon as may be after the
14		first day of each month after the effective date of this Act,
15		and before September 1, 2012, the State Treasurer shall
16		transfer from the General Revenue Fund to the Transfer Tax
17		Collection Distributive Fund an amount equal to 6% of the net
18		revenue realized from this Act during the preceding month.
19		As soon as may be after the first day of each month, the
20		State Treasurer shall allocate among the counties of this
21		State the amount available in the Transfer Tax Collection
22		Distributive Fund. The allocation to each county shall be 6%
23		of the net revenues collected by the county treasurer under
24		this Act. The State Comptroller, pursuant to appropriation,
25		shall then pay those allocations over to the counties. As soon
26		as possible after all of the required monthly allocations are

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1		made from the Transfer Tax Collection Distributive Fund and
2		before September 1, 2012, the State Comptroller shall order
3		transferred and the State Treasurer shall transfer any moneys
4		remaining in the Transfer Tax Collection Distributive Fund
5		from that Fund to the General Revenue Fund, and the Transfer
6		Tax Collection Distributive Fund shall be dissolved.
7		(c) On and after July 1, 2012, 94% of the amounts collected
8		from the taxes, interest, and penalties collected under this
9		Act shall be deposited into the General Revenue Fund and 6% of
10		those amounts shall be deposited into the Estate Tax Refund
11		Fund, a special fund created in the State treasury.
12		Moneys in the Estate Tax Refund Fund shall be expended
13		exclusively for the purpose of paying refunds resulting from
14		overpayment of tax liability under this Act, except that,
15		whenever the State Treasurer determines that any such moneys
16		in the Fund exceed the amount required for the purpose of
17		paying refunds resulting from overpayment of tax liability
18		under this Act, the State Treasurer may transfer any such
19		excess amounts from the Estate Tax Refund Fund to the General
20		Revenue Fund.
21		The Treasurer shall order payment of refunds resulting
22		from overpayment of tax liability under this Act from the
23		Estate Tax Refund Fund only to the extent that amounts have
24		been deposited and retained in the Fund.
25		Public Act 97-732 This amendatory Act of the 97th General
26		Assembly shall constitute an irrevocable and continuing

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1		appropriation from the Estate Tax Refund Fund for the purpose
2		of paying refunds upon the order of the Treasurer in
3		accordance with the provisions of this Act and for the purpose
4		of paying refunds under this Act.
5		(Source: P.A. 96-1162, eff. 7-21-10; 97-732, eff. 6-30-12.)
6		(235 ILCS 5/1-3.37 rep.)
7		Section 40. The Liquor Control Act of 1934 is amended by
8		repealing Section 1-3.37.
9		(305 ILCS 40/Act rep.)
10		Section 45. The Nursing Home Grant Assistance Act is
11		repealed.
12		Section 50. The Clerks of Courts Act is amended by
13		changing Section 27.1b as follows:
14		(705 ILCS 105/27.1b)
15		(Section scheduled to be repealed on January 1, 2022)
16		Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
17		other provision of law, all fees charged by the clerks of the
18		circuit court for the services described in this Section shall
19		be established, collected, and disbursed in accordance with
20		this Section. Except as otherwise specified in this Section,
21		all fees under this Section shall be paid in advance and
22		disbursed by each clerk on a monthly basis. In a county with a

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1		population of over 3,000,000, units of local government and
2		school districts shall not be required to pay fees under this
3		Section in advance and the clerk shall instead send an
4		itemized bill to the unit of local government or school
5		district, within 30 days of the fee being incurred, and the
6		unit of local government or school district shall be allowed
7		at least 30 days from the date of the itemized bill to pay;
8		these payments shall be disbursed by each clerk on a monthly
9		basis. Unless otherwise specified in this Section, the amount
10		of a fee shall be determined by ordinance or resolution of the
11		county board and remitted to the county treasurer to be used
12		for purposes related to the operation of the court system in
13		the county. In a county with a population of over 3,000,000,
14		any amount retained by the clerk of the circuit court or
15		remitted to the county treasurer shall be subject to
16		appropriation by the county board.
17		(a) Civil cases. The fee for filing a complaint, petition,
18		or other pleading initiating a civil action shall be as set
19		forth in the applicable schedule under this subsection in
20		accordance with case categories established by the Supreme
21		Court in schedules.
22		(1) SCHEDULE 1: not to exceed a total of $366 in a
23		county with a population of 3,000,000 or more and not to
24		exceed $316 in any other county, except as applied to
25		units of local government and school districts in counties
26		with more than 3,000,000 inhabitants an amount not to

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1		exceed $190 through December 31, 2021 and $184 on and
2		after January 1, 2022. The fees collected under this
3		schedule shall be disbursed as follows:
4		(A) The clerk shall retain a sum, in an amount not
5		to exceed $55 in a county with a population of
6		3,000,000 or more and in an amount not to exceed $45 in
7		any other county determined by the clerk with the
8		approval of the Supreme Court, to be used for court
9		automation, court document storage, and administrative
10		purposes.
11		(B) The clerk shall remit up to $21 to the State
12		Treasurer. The State Treasurer shall deposit the
13		appropriate amounts, in accordance with the clerk's
14		instructions, as follows:
15		(i) up to $10, as specified by the Supreme
16		Court in accordance with Part 10A of Article II of
17		the Code of Civil Procedure, into the Mandatory
18		Arbitration Fund;
19		(ii) $2 into the Access to Justice Fund; and
20		(iii) $9 into the Supreme Court Special
21		Purposes Fund.
22		(C) The clerk shall remit a sum to the County
23		Treasurer, in an amount not to exceed $290 in a county
24		with a population of 3,000,000 or more and in an amount
25		not to exceed $250 in any other county, as specified by
26		ordinance or resolution passed by the county board,

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1		for purposes related to the operation of the court
2		system in the county.
3		(2) SCHEDULE 2: not to exceed a total of $357 in a
4		county with a population of 3,000,000 or more and not to
5		exceed $266 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 $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 $21 to the State
19		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) $9 into the Supreme Court Special
2		Purposes Fund.
3		(C) The clerk shall remit a sum to the County
4		Treasurer, in an amount not to exceed $281 in a county
5		with a population of 3,000,000 or more and in an amount
6		not to exceed $200 in any other county, as specified by
7		ordinance or resolution passed by the county board,
8		for purposes related to the operation of the court
9		system in the county.
10		(3) SCHEDULE 3: not to exceed a total of $265 in a
11		county with a population of 3,000,000 or more and not to
12		exceed $89 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		$190 through December 31, 2021 and $184 on and after
16		January 1, 2022. The fees collected under this schedule
17		shall be disbursed as follows:
18		(A) The clerk shall retain a sum, in an amount not
19		to exceed $55 in a county with a population of
20		3,000,000 or more and in an amount not to exceed $22 in
21		any other county determined by the clerk with the
22		approval of the Supreme Court, to be used for court
23		automation, court document storage, and administrative
24		purposes.
25		(B) The clerk shall remit $11 to the State
26		Treasurer. The State Treasurer shall deposit the

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1		appropriate amounts in accordance with the clerk's
2		instructions, as follows:
3		(i) $2 into the Access to Justice Fund; and
4		(ii) $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 $199 in a county
8		with a population of 3,000,000 or more and in an amount
9		not to exceed $56 in any other county, as specified by
10		ordinance or resolution passed by the county board,
11		for purposes related to the operation of the court
12		system in the county.
13		(4) SCHEDULE 4: $0.
14		(b) Appearance. The fee for filing an appearance in a
15		civil action, including a cannabis civil law action under the
16		Cannabis Control Act, shall be as set forth in the applicable
17		schedule under this subsection in accordance with case
18		categories established by the Supreme Court in schedules.
19		(1) SCHEDULE 1: not to exceed a total of $230 in a
20		county with a population of 3,000,000 or more and not to
21		exceed $191 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 $75. The fees collected under this schedule shall
25		be disbursed as follows:
26		(A) The clerk shall retain a sum, in an amount not

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1		to exceed $50 in a county with a population of
2		3,000,000 or more and in an amount not to exceed $45 in
3		any other county determined by the clerk with the
4		approval of the Supreme Court, to be used for court
5		automation, court document storage, and administrative
6		purposes.
7		(B) The clerk shall remit up to $21 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) up to $10, as specified by the Supreme
12		Court in accordance with Part 10A of Article II of
13		the Code of Civil Procedure, into the Mandatory
14		Arbitration Fund;
15		(ii) $2 into the Access to Justice Fund; and
16		(iii) $9 into the Supreme Court Special
17		Purposes Fund.
18		(C) The clerk shall remit a sum to the County
19		Treasurer, in an amount not to exceed $159 in a county
20		with a population of 3,000,000 or more and in an amount
21		not to exceed $125 in any other county, as specified by
22		ordinance or resolution passed by the county board,
23		for purposes related to the operation of the court
24		system in the county.
25		(2) SCHEDULE 2: not to exceed a total of $130 in a
26		county with a population of 3,000,000 or more and not to

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1		exceed $109 in any other county, except as applied to
2		units of local government and school districts in counties
3		with more than 3,000,000 inhabitants an amount not to
4		exceed $75. The fees collected under this schedule shall
5		be disbursed as follows:
6		(A) The clerk shall retain a sum, in an amount not
7		to exceed $50 in a county with a population of
8		3,000,000 or more and in an amount not to exceed $10 in
9		any other county determined by the clerk with the
10		approval of the Supreme Court, to be used for court
11		automation, court document storage, and administrative
12		purposes.
13		(B) The clerk shall remit $9 to the State
14		Treasurer, which the State Treasurer shall deposit
15		into the Supreme Court Special Purposes Purpose Fund.
16		(C) The clerk shall remit a sum to the County
17		Treasurer, in an amount not to exceed $71 in a county
18		with a population of 3,000,000 or more and in an amount
19		not to exceed $90 in any other county, as specified by
20		ordinance or resolution passed by the county board,
21		for purposes related to the operation of the court
22		system in the county.
23		(3) SCHEDULE 3: $0.
24		(b-5) Kane County and Will County. In Kane County and Will
25		County civil cases, there is an additional fee of up to $30 as
26		set by the county board under Section 5-1101.3 of the Counties

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1		Code to be paid by each party at the time of filing the first
2		pleading, paper, or other appearance; provided that no
3		additional fee shall be required if more than one party is
4		represented in a single pleading, paper, or other appearance.
5		Distribution of fees collected under this subsection (b-5)
6		shall be as provided in Section 5-1101.3 of the Counties Code.
7		(c) Counterclaim or third party complaint. When any
8		defendant files a counterclaim or third party complaint, as
9		part of the defendant's answer or otherwise, the defendant
10		shall pay a filing fee for each counterclaim or third party
11		complaint in an amount equal to the filing fee the defendant
12		would have had to pay had the defendant brought a separate
13		action for the relief sought in the counterclaim or third
14		party complaint, less the amount of the appearance fee, if
15		any, that the defendant has already paid in the action in which
16		the counterclaim or third party complaint is filed.
17		(d) Alias summons. The clerk shall collect a fee not to
18		exceed $6 in a county with a population of 3,000,000 or more
19		and not to exceed $5 in any other county for each alias summons
20		or citation issued by the clerk, except as applied to units of
21		local government and school districts in counties with more
22		than 3,000,000 inhabitants an amount not to exceed $5 for each
23		alias summons or citation issued by the clerk.
24		(e) Jury services. The clerk shall collect, in addition to
25		other fees allowed by law, a sum not to exceed $212.50, as a
26		fee for the services of a jury in every civil action not

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1		quasi-criminal in its nature and not a proceeding for the
2		exercise of the right of eminent domain and in every other
3		action wherein the right of trial by jury is or may be given by
4		law. The jury fee shall be paid by the party demanding a jury
5		at the time of filing the jury demand. If the fee is not paid
6		by either party, no jury shall be called in the action or
7		proceeding, and the action or proceeding shall be tried by the
8		court without a jury.
9		(f) Change of venue. In connection with a change of venue:
10		(1) The clerk of the jurisdiction from which the case
11		is transferred may charge a fee, not to exceed $40, for the
12		preparation and certification of the record; and
13		(2) The clerk of the jurisdiction to which the case is
14		transferred may charge the same filing fee as if it were
15		the commencement of a new suit.
16		(g) Petition to vacate or modify.
17		(1) In a proceeding involving a petition to vacate or
18		modify any final judgment or order filed within 30 days
19		after the judgment or order was entered, except for an
20		eviction case, small claims case, petition to reopen an
21		estate, petition to modify, terminate, or enforce a
22		judgment or order for child or spousal support, or
23		petition to modify, suspend, or terminate an order for
24		withholding, the fee shall not exceed $60 in a county with
25		a population of 3,000,000 or more and shall not exceed $50
26		in any other county, 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 $50.
3		(2) In a proceeding involving a petition to vacate or
4		modify any final judgment or order filed more than 30 days
5		after the judgment or order was entered, except for a
6		petition to modify, terminate, or enforce a judgment or
7		order for child or spousal support, or petition to modify,
8		suspend, or terminate an order for withholding, the fee
9		shall not exceed $75.
10		(3) In a proceeding involving a motion to vacate or
11		amend a final order, motion to vacate an ex parte
12		judgment, judgment of forfeiture, or "failure to appear"
13		or "failure to comply" notices sent to the Secretary of
14		State, the fee shall equal $40.
15		(h) Appeals preparation. The fee for preparation of a
16		record on appeal shall be based on the number of pages, as
17		follows:
18		(1) if the record contains no more than 100 pages, the
19		fee shall not exceed $70 in a county with a population of
20		3,000,000 or more and shall not exceed $50 in any other
21		county;
22		(2) if the record contains between 100 and 200 pages,
23		the fee shall not exceed $100; and
24		(3) if the record contains 200 or more pages, the
25		clerk may collect an additional fee not to exceed 25 cents
26		per page.

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1		(i) Remands. In any cases remanded to the circuit court
2		from the Supreme Court or the appellate court for a new trial,
3		the clerk shall reinstate the case with either its original
4		number or a new number. The clerk shall not charge any new or
5		additional fee for the reinstatement. Upon reinstatement, the
6		clerk shall advise the parties of the reinstatement. Parties
7		shall have the same right to a jury trial on remand and
8		reinstatement that they had before the appeal, and no
9		additional or new fee or charge shall be made for a jury trial
10		after remand.
11		(j) Garnishment, wage deduction, and citation. In
12		garnishment affidavit, wage deduction affidavit, and citation
13		petition proceedings:
14		(1) if the amount in controversy in the proceeding is
15		not more than $1,000, the fee may not exceed $35 in a
16		county with a population of 3,000,000 or more and may not
17		exceed $15 in any other county, except as applied to units
18		of local government and school districts in counties with
19		more than 3,000,000 inhabitants an amount not to exceed
20		$15;
21		(2) if the amount in controversy in the proceeding is
22		greater than $1,000 and not more than $5,000, the fee may
23		not exceed $45 in a county with a population of 3,000,000
24		or more and may not exceed $30 in any other county, except
25		as applied to units of local government and school
26		districts in counties with more than 3,000,000 inhabitants

HB1726 Engrossed - 27 - LRB102 13675 HLH 19025 b
1		an amount not to exceed $30; and
2		(3) if the amount in controversy in the proceeding is
3		greater than $5,000, the fee may not exceed $65 in a county
4		with a population of 3,000,000 or more and may not exceed
5		$50 in any other county, except as applied to units of
6		local government and school districts in counties with
7		more than 3,000,000 inhabitants an amount not to exceed
8		$50.
9		(j-5) Debt collection. In any proceeding to collect a debt
10		subject to the exception in item (ii) of subparagraph (A-5) of
11		paragraph (1) of subsection (z) of this Section, the circuit
12		court shall order and the clerk shall collect from each
13		judgment debtor a fee of:
14		(1) $35 if the amount in controversy in the proceeding
15		is not more than $1,000;
16		(2) $45 if the amount in controversy in the proceeding
17		is greater than $1,000 and not more than $5,000; and
18		(3) $65 if the amount in controversy in the proceeding
19		is greater than $5,000.
20		(k) Collections.
21		(1) For all collections made of others, except the
22		State and county and except in maintenance or child
23		support cases, the clerk may collect a fee of up to 2.5% of
24		the amount collected and turned over.
25		(2) In child support and maintenance cases, the clerk
26		may collect an annual fee of up to $36 from the person

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1		making payment for maintaining child support records and
2		the processing of support orders to the State of Illinois
3		KIDS system and the recording of payments issued by the
4		State Disbursement Unit for the official record of the
5		Court. This fee is in addition to and separate from
6		amounts ordered to be paid as maintenance or child support
7		and shall be deposited into a Separate Maintenance and
8		Child Support Collection Fund, of which the clerk shall be
9		the custodian, ex officio, to be used by the clerk to
10		maintain child support orders and record all payments
11		issued by the State Disbursement Unit for the official
12		record of the Court. The clerk may recover from the person
13		making the maintenance or child support payment any
14		additional cost incurred in the collection of this annual
15		fee.
16		(3) The clerk may collect a fee of $5 for
17		certifications made to the Secretary of State as provided
18		in Section 7-703 of the Illinois Vehicle Code, and this
19		fee shall be deposited into the Separate Maintenance and
20		Child Support Collection Fund.
21		(4) In proceedings to foreclose the lien of delinquent
22		real estate taxes, State's Attorneys shall receive a fee
23		of 10% of the total amount realized from the sale of real
24		estate sold in the proceedings. The clerk shall collect
25		the fee from the total amount realized from the sale of the
26		real estate sold in the proceedings and remit to the

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1		County Treasurer to be credited to the earnings of the
2		Office of the State's Attorney.
3		(l) Mailing. The fee for the clerk mailing documents shall
4		not exceed $10 plus the cost of postage.
5		(m) Certified copies. The fee for each certified copy of a
6		judgment, after the first copy, shall not exceed $10.
7		(n) Certification, authentication, and reproduction.
8		(1) The fee for each certification or authentication
9		for taking the acknowledgment of a deed or other
10		instrument in writing with the seal of office shall not
11		exceed $6.
12		(2) The fee for reproduction of any document contained
13		in the clerk's files shall not exceed:
14		(A) $2 for the first page;
15		(B) 50 cents per page for the next 19 pages; and
16		(C) 25 cents per page for all additional pages.
17		(o) Record search. For each record search, within a
18		division or municipal district, the clerk may collect a search
19		fee not to exceed $6 for each year searched.
20		(p) Hard copy. For each page of hard copy print output,
21		when case records are maintained on an automated medium, the
22		clerk may collect a fee not to exceed $10 in a county with a
23		population of 3,000,000 or more and not to exceed $6 in any
24		other county, except as applied to units of local government
25		and school districts in counties with more than 3,000,000
26		inhabitants an amount not to exceed $6.

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1		(q) Index inquiry and other records. No fee shall be
2		charged for a single plaintiff and defendant index inquiry or
3		single case record inquiry when this request is made in person
4		and the records are maintained in a current automated medium,
5		and when no hard copy print output is requested. The fees to be
6		charged for management records, multiple case records, and
7		multiple journal records may be specified by the Chief Judge
8		pursuant to the guidelines for access and dissemination of
9		information approved by the Supreme Court.
10		(r) Performing a marriage. There shall be a $10 fee for
11		performing a marriage in court.
12		(s) Voluntary assignment. For filing each deed of
13		voluntary assignment, the clerk shall collect a fee not to
14		exceed $20. For recording a deed of voluntary assignment, the
15		clerk shall collect a fee not to exceed 50 cents for each 100
16		words. Exceptions filed to claims presented to an assignee of
17		a debtor who has made a voluntary assignment for the benefit of
18		creditors shall be considered and treated, for the purpose of
19		taxing costs therein, as actions in which the party or parties
20		filing the exceptions shall be considered as party or parties
21		plaintiff, and the claimant or claimants as party or parties
22		defendant, and those parties respectively shall pay to the
23		clerk the same fees as provided by this Section to be paid in
24		other actions.
25		(t) Expungement petition. The clerk may collect a fee not
26		to exceed $60 for each expungement petition filed and an

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1		additional fee not to exceed $4 for each certified copy of an
2		order to expunge arrest records.
3		(u) Transcripts of judgment. For the filing of a
4		transcript of judgment, the clerk may collect the same fee as
5		if it were the commencement of a new suit.
6		(v) Probate filings.
7		(1) For each account (other than one final account)
8		filed in the estate of a decedent, or ward, the fee shall
9		not exceed $25.
10		(2) For filing a claim in an estate when the amount
11		claimed is greater than $150 and not more than $500, the
12		fee shall not exceed $40 in a county with a population of
13		3,000,000 or more and shall not exceed $25 in any other
14		county; when the amount claimed is greater than $500 and
15		not more than $10,000, the fee shall not exceed $55 in a
16		county with a population of 3,000,000 or more and shall
17		not exceed $40 in any other county; and when the amount
18		claimed is more than $10,000, the fee shall not exceed $75
19		in a county with a population of 3,000,000 or more and
20		shall not exceed $60 in any other county; except the court
21		in allowing a claim may add to the amount allowed the
22		filing fee paid by the claimant.
23		(3) For filing in an estate a claim, petition, or
24		supplemental proceeding based upon an action seeking
25		equitable relief including the construction or contest of
26		a will, enforcement of a contract to make a will, and

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1		proceedings involving testamentary trusts or the
2		appointment of testamentary trustees, the fee shall not
3		exceed $60.
4		(4) There shall be no fee for filing in an estate: (i)
5		the appearance of any person for the purpose of consent;
6		or (ii) the appearance of an executor, administrator,
7		administrator to collect, guardian, guardian ad litem, or
8		special administrator.
9		(5) For each jury demand, the fee shall not exceed
10		$137.50.
11		(6) For each certified copy of letters of office, of
12		court order, or other certification, the fee shall not
13		exceed $2 per page.
14		(7) For each exemplification, the fee shall not exceed
15		$2, plus the fee for certification.
16		(8) The executor, administrator, guardian, petitioner,
17		or other interested person or his or her attorney shall
18		pay the cost of publication by the clerk directly to the
19		newspaper.
20		(9) The person on whose behalf a charge is incurred
21		for witness, court reporter, appraiser, or other
22		miscellaneous fees shall pay the same directly to the
23		person entitled thereto.
24		(10) The executor, administrator, guardian,
25		petitioner, or other interested person or his or her
26		attorney shall pay to the clerk all postage charges

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1		incurred by the clerk in mailing petitions, orders,
2		notices, or other documents pursuant to the provisions of
3		the Probate Act of 1975.
4		(w) Corrections of numbers. For correction of the case
5		number, case title, or attorney computer identification
6		number, if required by rule of court, on any document filed in
7		the clerk's office, to be charged against the party that filed
8		the document, the fee shall not exceed $25.
9		(x) Miscellaneous.
10		(1) Interest earned on any fees collected by the clerk
11		shall be turned over to the county general fund as an
12		earning of the office.
13		(2) For any check, draft, or other bank instrument
14		returned to the clerk for non-sufficient funds, account
15		closed, or payment stopped, the clerk shall collect a fee
16		of $25.
17		(y) Other fees. Any fees not covered in this Section shall
18		be set by rule or administrative order of the circuit court
19		with the approval of the Administrative Office of the Illinois
20		Courts. The clerk of the circuit court may provide services in
21		connection with the operation of the clerk's office, other
22		than those services mentioned in this Section, as may be
23		requested by the public and agreed to by the clerk and approved
24		by the Chief Judge. Any charges for additional services shall
25		be as agreed to between the clerk and the party making the
26		request and approved by the Chief Judge. Nothing in this

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1		subsection shall be construed to require any clerk to provide
2		any service not otherwise required by law.
3		(y-5) Unpaid fees. Unless a court ordered payment schedule
4		is implemented or the fee requirements of this Section are
5		waived under a court order, the clerk of the circuit court may
6		add to any unpaid fees and costs under this Section a
7		delinquency amount equal to 5% of the unpaid fees that remain
8		unpaid after 30 days, 10% of the unpaid fees that remain unpaid
9		after 60 days, and 15% of the unpaid fees that remain unpaid
10		after 90 days. Notice to those parties may be made by signage
11		posting or publication. The additional delinquency amounts
12		collected under this Section shall be deposited into the
13		Circuit Court Clerk Operations and Administration Fund and
14		used to defray additional administrative costs incurred by the
15		clerk of the circuit court in collecting unpaid fees and
16		costs.
17		(z) Exceptions.
18		(1) No fee authorized by this Section shall apply to:
19		(A) police departments or other law enforcement
20		agencies. In this Section, "law enforcement agency"
21		means: an agency of the State or agency of a unit of
22		local government which is vested by law or ordinance
23		with the duty to maintain public order and to enforce
24		criminal laws or ordinances; the Attorney General; or
25		any State's Attorney;
26		(A-5) any unit of local government or school

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1		district, except in counties having a population of
2		500,000 or more the county board may by resolution set
3		fees for units of local government or school districts
4		no greater than the minimum fees applicable in
5		counties with a population less than 3,000,000;
6		provided however, no fee may be charged to any unit of
7		local government or school district in connection with
8		any action which, in whole or in part, is: (i) to
9		enforce an ordinance; (ii) to collect a debt; or (iii)
10		under the Administrative Review Law;
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

HB1726 Engrossed - 36 - LRB102 13675 HLH 19025 b
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
12		fees associated with a special needs adoption. The term
13		"special needs adoption" has the meaning provided by the
14		Illinois Department of Children and Family Services.
15		(aa) This Section is repealed on January 1, 2022.
16		(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
17		100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
18		8-18-20.)
19		Section 55. The Criminal and Traffic Assessment Act is
20		amended by changing Section 15-20 as follows:
21		(705 ILCS 135/15-20)
22		(Section scheduled to be repealed on January 1, 2022)
23		Sec. 15-20. SCHEDULE 4; felony sex offenses.
24		SCHEDULE 4: For a felony or attempted felony under Article

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1		11 or Section 12-33 of the Criminal Code of 2012, the Clerk of
2		the Circuit Court shall collect $1,314 and remit as follows:
3		(1) As the county's portion, $354 to the county treasurer,
4		who shall deposit the money as follows:
5		(A) $20 into the Court Automation Fund;
6		(B) $20 into the Court Document Storage Fund;
7		(C) $5 into the Circuit Court Clerk Operation and
8		Administrative Fund;
9		(D) $255 into the county's General Fund;
10		(E) $10 into the Child Advocacy Center Fund;
11		(F) $2 into the State's Attorney Records Automation
12		Fund;
13		(G) $2 into the Public Defender Records Automation
14		Fund;
15		(H) $20 into the County Jail Medical Costs Fund; and
16		(I) $20 into the Probation and Court Services Fund.
17		(2) As the State's portion, $960 to the State Treasurer,
18		who shall deposit the money as follows:
19		(A) $520 into the State Police Operations Assistance
20		Fund;
21		(B) $100 into the Violent Crime Victims Assistance
22		Fund;
23		(C) $200 into the Sexual Assault Services Fund;
24		(D) $100 into the Domestic Violence Shelter and
25		Service Services Fund;
26		(E) $5 into the State Police Merit Board Public Safety

HB1726 Engrossed - 38 - LRB102 13675 HLH 19025 b
1		Fund; and
2		(F) $35 into the Traffic and Criminal Conviction
3		Surcharge Fund.
4		(Source: P.A. 100-987, eff. 7-1-19.)
5		Section 60. The Unified Code of Corrections is amended by
6		changing Section 5-9-1.22 as follows:
7		(730 ILCS 5/5-9-1.22)
8		Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who
9		is convicted or receives a disposition of court supervision
10		for a violation of Section 11-501 of the Illinois Vehicle Code
11		shall, in addition to any other disposition, penalty, or fine
12		imposed, pay a fee of $50 which shall be collected by the clerk
13		of the court and then remitted to the State Treasurer for
14		deposit into the Roadside Memorial Fund, a special fund that
15		is created in the State treasury. However, the court may waive
16		the fee if full restitution is complied with. Subject to
17		appropriation, all moneys in the Roadside Memorial Fund shall
18		be used by the Department of Transportation to pay fees
19		imposed under subsection (f) of Section 20 of the Roadside
20		Memorial Act.
21		This Section is substantially the same as Section 5-9-1.18
22		5-9-1.8 of the Unified Code of Corrections, which Section was
23		repealed by Public Act 100-987, and shall be construed as a
24		continuation of the fee established by that prior law, and not

HB1726 Engrossed - 39 - LRB102 13675 HLH 19025 b
1		as a new or different fee.
2		(Source: P.A. 101-10, eff. 6-5-19.)
3		Section 99. Effective date. This Act takes effect upon
4		becoming law.