Bill Text: IL HB0833 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the State Fair Act, the Illinois Promotion Act, the Department of Human Services Act, the State Finance Act, the Illinois Income Tax Act, the Illinois Estate and Generation-Skipping Transfer Tax Act, the Liquor Control Act of 1934, the Clerks of Courts Act, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections to make various technical corrections. Repeals the Nursing Home Grant Assistance Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-10 - Referred to Rules Committee [HB0833 Detail]

Download: Illinois-2021-HB0833-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0833 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED:
20 ILCS 210/6 from Ch. 127, par. 1706
20 ILCS 665/4b
20 ILCS 1305/10-6 rep.
30 ILCS 105/6a from Ch. 127, par. 142a
35 ILCS 5/507DDD
35 ILCS 5/507AA rep.
35 ILCS 5/507BB rep.
35 ILCS 5/507TT rep.
35 ILCS 405/13 from Ch. 120, par. 405A-13
235 ILCS 5/1-3.37 rep.
305 ILCS 40/Act rep.
705 ILCS 105/27.1b
705 ILCS 135/15-20
730 ILCS 5/5-9-1.22
Amends the State Fair Act, the Illinois Promotion Act, the Department of Human Services Act, the State Finance Act, the Illinois Income Tax Act, the Illinois Estate and Generation-Skipping Transfer Tax Act, the Liquor Control Act of 1934, the Clerks of Courts Act, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections to make various technical corrections. Effective immediately.
LRB102 13433 HLH 18778 b
A BILL FOR
HB0833 LRB102 13433 HLH 18778 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Fair Act is amended by changing
Section 6 as follows:
(20 ILCS 210/6) (from Ch. 127, par. 1706)
Sec. 6. Policies, procedures, and powers concerning the
operation of fairs.
(a) Policies. The Department shall, pursuant to the
Illinois Administrative Procedure Act, establish by rule:
(1) the policy for the operation of the Illinois State
Fair and the DuQuoin State Fair, except those operations
regarding contests as provided for in subparagraphs (b)
and (c) of this Section, and
(2) the policies and procedures for the sale, barter,
or exchange of tickets and for ticket refunds for
cancelled events.
(b) Contests. The Department shall establish and make
available, for all contestants and other interested persons,
sufficient copies of a premium book or other publication that
establishes the kinds and classes of events or exhibits for
contests at the fairs, the conditions under which contestants
shall be entered into contests, the qualification and

HB0833 - 2 - LRB102 13433 HLH 18778 b
disqualification requirements of contests, the drug testing
requirements for contests (if applicable), the premiums to be
offered to contest winners, the manner in which certificates
of award shall be distributed and premiums paid to contest
winners, the penalty for violations of a rule, condition,
instruction, or directive, and requirements of contests,
including but not limited to the return of all premiums paid,
the forfeiture of awards, and the prohibition of participating
in future contests, and all other rules and requirements for
contests. These rules, conditions, instructions, directives,
and requirements shall be exempt from the rulemaking
procedures of the Illinois Administrative Procedure Act. All
such publications issued by the Department that relate to a
contest, event, or exhibit shall be maintained as a public
record at the Department's principal office in Springfield,
Illinois, and made available for public inspection and copying
during regular business hours.
(c) Fees. The Department shall establish and publish for
the Illinois State Fair and the DuQuoin State Fair a schedule
of admission fees, entry fees, concession fees, space rentals
and other fees for activities offered or provided at each
State Fair. These schedules of fees shall be maintained as a
public record at the Department's principal office in
Springfield, Illinois, and made available for public
inspection and copying during regular business, but shall be
exempt from the rulemaking procedures of the Illinois

HB0833 - 3 - LRB102 13433 HLH 18778 b
Administrative Procedure Act.
(d) Facilities. The Department may negotiate and enter
into contracts for activities and use of facilities for which
there is not an established or published schedule. The
contract criteria shall be established by rule, pursuant to
the Illinois Administrative Procedure Act. The Department may
lease any of its facilities for activities during the State
Fair.
(e) Advertising. The Illinois State Fair in Springfield
and the DuQuoin State Fair shall have the power and authority
to sell or exchange advertising rights in all of its
publications and printed materials. The sale of advertising
shall be subject to the rules promulgated by the Department,
pursuant to the Illinois Administrative Procedure Act. All
income derived from the sale of advertising at the Illinois
State Fair in Springfield shall be deposited into the Illinois
State Fair Fund. All income derived from the sale of
advertising at the DuQuoin State Fair shall be deposited into
the Agricultural Premium Fund.
(f) Veterans. On the day set aside as Veterans Day,
honorably discharged veterans and members of their families
shall be admitted without admission charge upon presentation
of identification of any of the following: honorable discharge
certificate, or photostatic copy thereof, or a paid up
membership card in any recognized veterans organization.
(g) Government functions. The Governor, Lieutenant

HB0833 - 4 - LRB102 13433 HLH 18778 b
Governor, Attorney General, Secretary of State, Treasurer,
Comptroller, President and Minority Leader of the Senate, and
Minority Leader of the House of Representatives shall be
afforded space for official governmental functions, without
charge, during the State Fair and the DuQuoin State Fair.
(Source: P.A. 93-1055, eff. 11-23-04.)
Section 10. The Illinois Promotion Act is amended by
changing Section 4b as follows:
(20 ILCS 665/4b)
Sec. 4b. Coordinating Committee. There is created a
Coordinating Committee of State agencies involved with tourism
in the State of Illinois. The Committee shall consist of the
Director of Commerce and Economic Opportunity as chairman, the
Lieutenant Governor, the Secretary of Transportation or his or
her designee, and the head executive officer or his or her
designee of the following: the Lincoln Presidential Library;
the Department of Natural Resources; the Department of
Agriculture; the Illinois Arts Council; the Illinois Community
College Board; and the Board of Higher Education; and the
Grape and Wine Resources Council. The Committee shall also
include 4 members of the Illinois General Assembly, one of
whom shall be named by the Speaker of the House of
Representatives, one of whom shall be named by the Minority
Leader of the House of Representatives, one of whom who shall

HB0833 - 5 - LRB102 13433 HLH 18778 b
be named by the President of the Senate, and one of whom shall
be named by the Minority Leader of the Senate. The Committee
shall meet at least quarterly and at other times as called by
the chair. The Committee shall coordinate the promotion and
development of tourism activities throughout State government.
(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 1305/10-6 rep.)
Section 15. The Department of Human Services Act is
amended by repealing Section 10-6.
Section 20. The State Finance Act is amended by changing
Section 6a as follows:
(30 ILCS 105/6a) (from Ch. 127, par. 142a)
Sec. 6a. (1) The following items of income received by the
State Colleges and Universities under the jurisdiction of the
Board of Governors of State Colleges and Universities for
general operational and educational purposes shall be paid
into the state treasury without delay and shall be covered
into a special fund to be known as the Board of Governors of
State Colleges and Universities Income Fund: (a) tuition,
laboratory, library fees, and any interest which may be earned
thereon not later than 20 days after receipt of the same
without any deductions except for refunds to students for whom
duplicate payment has been made and to students who have

HB0833 - 6 - LRB102 13433 HLH 18778 b
withdrawn after registration and who are entitled to such
refunds; and (b) excess income from auxiliary enterprises and
activities as provided in paragraph (2) of this Section, and
all other income arising out of any activity or purpose not
specified in paragraph (2) of this Section or in Section 6a-2
not later than 10 days after receipt of the same and without
any deduction whatever. Such items of income shall be either
paid into the State treasury or deposited into a college or
university bank account within the time period established for
like amounts in Section 2 of the State Officers and Employees
Money Disposition Act; provided, that if deposited into a bank
account, such items together with interest thereon shall be
paid into the State treasury as provided in the preceding
sentence. The General Assembly shall from time to time make
appropriations payable from the Board of Governors of State
Colleges and Universities Income Fund for the support and
improvement of such State Colleges and Universities.
(2) The following items of income shall be retained by
each such State College or University or by the Board of
Governors of State Colleges and Universities in its own
treasury: endowment funds, gifts, trust funds, and Federal
aid; funds received in connection with contracts with
governmental, public or private agencies or persons, for
research or services including funds which are paid as
reimbursement to the State College or University or to the
Board of Governors of State Colleges and Universities and

HB0833 - 7 - LRB102 13433 HLH 18778 b
funds received in connection with its operation of research
and high technology parks; funds received in connection with
reserves authorized by Section 8a of "An Act to provide for the
management, operation, control and maintenance of the State
Colleges and Universities System", approved July 2, 1951, as
amended; funds received in connection with the retention,
receipt, assignment, license, sale or transfer of interests
in, rights to, or income from discoveries, inventions,
patents, or copyrightable works; funds retained by the State
College or University under the authority of Section 6a-2, and
funds received from the operation of student or staff
residence facilities, student and staff medical and health
programs, Union buildings, bookstores, farms, stores, and
other auxiliary enterprises or activities which are
self-supporting in whole or in part. Any income derived from
such auxiliary enterprises or activities which is not
necessary to their support, maintenance, or development shall
not, however, be applied to any general operational or
educational purpose but shall be paid into the State Treasury
as provided in paragraph (1) of this Section.
Whenever such funds retained by each such State College or
University or by the Board of Governors of State Colleges and
Universities in its own treasury are deposited with a bank or
savings and loan association and the amount of the deposit
exceeds the amount of federal deposit insurance coverage, a
bond or pledged securities shall be obtained. Only the types

HB0833 - 8 - LRB102 13433 HLH 18778 b
of securities which the State Treasurer may, in his
discretion, accept for amounts not insured by the Federal
Deposit Insurance Corporation or the Federal Savings and Loan
Insurance Corporation under Section 11 of "An Act in relation
to State moneys", approved June 28, 1919, as amended, may be
accepted as pledged securities. The market value of the bond
or pledged securities shall at all times be equal to or greater
than the uninsured portion of the deposit.
(3) (Blank). All monies received by the Cooperative
Computer Center operated and maintained by Governors State
University, in conjunction and pursuant to contracts with
other State universities, shall be deposited in the
Cooperative Computer Center Revolving Fund. The General
Assembly shall from time to time make appropriations from the
Cooperative Computer Center Revolving Fund to be used for
expenditures incurred by the Cooperative Computer Center.
(4) The Auditor General shall audit or cause to be audited
the above items of income and all other income and
expenditures of such institutions.
(5) Beginning on January 1, 1996, the provisions of
paragraphs (1) and (2) of this Section shall be superseded by
Section 5-35 of the Chicago State University Law and Section
6a-1c of the State Finance Act with respect to Chicago State
University; by Section 10-35 of the Eastern Illinois
University Law and Section 6a-1d of the State Finance Act with
respect to Eastern Illinois University; by Section 15-35 of

HB0833 - 9 - LRB102 13433 HLH 18778 b
the Governors State University Law and Section 6a-1e of the
State Finance Act with respect to Governors State University;
by Section 25-35 of the Northeastern Illinois University Law
and Section 6a-1f of the State Finance Act with respect to
Northeastern Illinois University; and by Section 35-35 of the
Western Illinois University Law and Section 6a-1g of the State
Finance Act with respect to Western Illinois University. On
January 1, 1996, all items of income and other funds
deposited, retained, or otherwise held under paragraphs (1)
and (2) of this Section shall be transferred, appropriated,
retained and used as provided by the provisions of law cited in
this paragraph as superseding the provisions of paragraphs (1)
and (2) of this Section.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 25. The Illinois Income Tax Act is amended by
changing Section 507DDD as follows:
(35 ILCS 5/507DDD)
Sec. 507DDD. Special Olympics Illinois and Special
Children's Checkoff. For taxable years beginning on or after
January 1, 2015, the Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Special Olympics Illinois
and Special Children's Charities Checkoff Fund as authorized
by Public Act 99-423, he or she may do so by stating the amount

HB0833 - 10 - LRB102 13433 HLH 18778 b
of the contribution (not less than $1) on the return and that
the contribution will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to
remit any amount of increased payment shall reduce the
contribution accordingly. This Section shall not apply to an
amended return. For the purpose of this Section, the
Department of Revenue must distribute the moneys as provided
in subsection 21.9(b) of the Illinois Lottery Law: (i) 75% of
the moneys to Special Olympics Illinois to support the
statewide training, competitions, and programs for future
Special Olympics athletes; and (ii) 25% of the moneys to
Special Children's Charities to support the City of
Chicago-wide training, competitions, and programs for future
Special Olympics athletes.
(Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
(35 ILCS 5/507AA rep.)
(35 ILCS 5/507BB rep.)
(35 ILCS 5/507TT rep.)
Section 30. The Illinois Income Tax Act is amended by
repealing Sections 507AA, 507BB, and 507TT.
Section 35. The Illinois Estate and Generation-Skipping
Transfer Tax Act is amended by changing Section 13 as follows:
(35 ILCS 405/13) (from Ch. 120, par. 405A-13)

HB0833 - 11 - LRB102 13433 HLH 18778 b
Sec. 13. Collection by county treasurers; tax collection
distribution fund.
(a) Collection by county treasurers. Each county treasurer
shall transmit to the State Treasurer all taxes, interest or
penalties paid to the county treasurer under this Act and in
the county treasurer's possession as of the last day of the
previous month, together with a report under oath identifying
the taxpayer for or by whom an amount was paid. Those amounts
and the report shall be transmitted to and received by the
State Treasurer by the 10th day of each month. At the same
time, a copy of the report shall be furnished to the Attorney
General. The report shall be in a form and contain the
particulars as the State Treasurer may prescribe. The State
Treasurer shall give the county treasurer a receipt for the
amount transmitted to the State Treasurer. Except as provided
in subsection (a-5) of this Section, if any county treasurer
fails to pay to the State Treasurer all amounts that may be due
and payable under this Act as required by this Section, the
county treasurer shall pay to the State Treasurer, as a
penalty, a sum of money equal to the interest on the amounts
not paid at the rate of 1% per month from the time those
amounts are due by the county treasurer until those amounts
are paid. The sureties upon the official bond of the county
treasurer shall be security for the payment of the penalty.
The penalty under this Section may be recovered in a civil
action against the county treasurer and his or her sureties,

HB0833 - 12 - LRB102 13433 HLH 18778 b
in the name of the People of the State of Illinois, in the
circuit court within the county wherein the county treasurer
is resident; and the penalty, when recovered, shall be paid
into the State treasury. The civil action to recover the
penalty shall be brought by the State treasurer within 10 days
after the failure of the county treasurer to pay to the State
Treasurer any amounts collected by the county treasurer within
the time required by this Act. Failure to bring the action
within that time shall not prevent the bringing of the action
thereafter. It is the duty of the State Treasurer to make
necessary and proper investigation to determine what amounts
should be paid under this Act.
(a-5) The State Treasurer may waive penalties imposed by
subsection (a) of this Section on a case-by-case basis if the
State Treasurer finds that imposing penalties would be
unreasonable or unnecessarily burdensome because the delay in
payment was due to an incident caused by the operation of an
extraordinary force, including, but not limited to, the
occurrence of a natural disaster, that cannot be foreseen,
that cannot be avoided by the exercise of due care, and for
which no person can be held liable.
(b) (Blank). Transfer Tax Collection Distributive Fund.
The Transfer Tax Collection Distributive Fund is created as a
special fund in the State treasury. The Fund is a continuation
of the Fund of the same name created under the Illinois Estate
Tax Law, repealed by this Act. As soon as may be after the

HB0833 - 13 - LRB102 13433 HLH 18778 b
first day of each month after the effective date of this Act,
and before September 1, 2012, the State Treasurer shall
transfer from the General Revenue Fund to the Transfer Tax
Collection Distributive Fund an amount equal to 6% of the net
revenue realized from this Act during the preceding month.
As soon as may be after the first day of each month, the
State Treasurer shall allocate among the counties of this
State the amount available in the Transfer Tax Collection
Distributive Fund. The allocation to each county shall be 6%
of the net revenues collected by the county treasurer under
this Act. The State Comptroller, pursuant to appropriation,
shall then pay those allocations over to the counties. As soon
as possible after all of the required monthly allocations are
made from the Transfer Tax Collection Distributive Fund and
before September 1, 2012, the State Comptroller shall order
transferred and the State Treasurer shall transfer any moneys
remaining in the Transfer Tax Collection Distributive Fund
from that Fund to the General Revenue Fund, and the Transfer
Tax Collection Distributive Fund shall be dissolved.
(c) On and after July 1, 2012, 94% of the amounts collected
from the taxes, interest, and penalties collected under this
Act shall be deposited into the General Revenue Fund and 6% of
those amounts shall be deposited into the Estate Tax Refund
Fund, a special fund created in the State treasury.
Moneys in the Estate Tax Refund Fund shall be expended
exclusively for the purpose of paying refunds resulting from

HB0833 - 14 - LRB102 13433 HLH 18778 b
overpayment of tax liability under this Act, except that,
whenever the State Treasurer determines that any such moneys
in the Fund exceed the amount required for the purpose of
paying refunds resulting from overpayment of tax liability
under this Act, the State Treasurer may transfer any such
excess amounts from the Estate Tax Refund Fund to the General
Revenue Fund.
The Treasurer shall order payment of refunds resulting
from overpayment of tax liability under this Act from the
Estate Tax Refund Fund only to the extent that amounts have
been deposited and retained in the Fund.
Public Act 97-732 This amendatory Act of the 97th General
Assembly shall constitute an irrevocable and continuing
appropriation from the Estate Tax Refund Fund for the purpose
of paying refunds upon the order of the Treasurer in
accordance with the provisions of this Act and for the purpose
of paying refunds under this Act.
(Source: P.A. 96-1162, eff. 7-21-10; 97-732, eff. 6-30-12.)
(235 ILCS 5/1-3.37 rep.)
Section 40. The Liquor Control Act of 1934 is amended by
repealing Section 1-3.37.
(305 ILCS 40/Act rep.)
Section 45. The Nursing Home Grant Assistance Act is
repealed.

HB0833 - 15 - LRB102 13433 HLH 18778 b
Section 50. The Clerks of Courts Act is amended by
changing Section 27.1b as follows:
(705 ILCS 105/27.1b)
(Section scheduled to be repealed on January 1, 2022)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an
itemized bill to the unit of local government or school
district, within 30 days of the fee being incurred, and the
unit of local government or school district shall be allowed
at least 30 days from the date of the itemized bill to pay;
these payments shall be disbursed by each clerk on a monthly
basis. Unless otherwise specified in this Section, the amount
of a fee shall be determined by ordinance or resolution of the
county board and remitted to the county treasurer to be used
for purposes related to the operation of the court system in
the county. In a county with a population of over 3,000,000,

HB0833 - 16 - LRB102 13433 HLH 18778 b
any amount retained by the clerk of the circuit court or
remitted to the county treasurer shall be subject to
appropriation by the county board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's

HB0833 - 17 - LRB102 13433 HLH 18778 b
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in

HB0833 - 18 - LRB102 13433 HLH 18778 b
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with

HB0833 - 19 - LRB102 13433 HLH 18778 b
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(4) SCHEDULE 4: $0.

HB0833 - 20 - LRB102 13433 HLH 18778 b
(b) Appearance. The fee for filing an appearance in a
civil action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory

HB0833 - 21 - LRB102 13433 HLH 18778 b
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State

HB0833 - 22 - LRB102 13433 HLH 18778 b
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purposes Purpose Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third

HB0833 - 23 - LRB102 13433 HLH 18778 b
party complaint, less the amount of the appearance fee, if
any, that the defendant has already paid in the action in which
the counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid
by either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is

HB0833 - 24 - LRB102 13433 HLH 18778 b
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or
petition to modify, suspend, or terminate an order for
withholding, the fee shall not exceed $60 in a county with
a population of 3,000,000 or more and shall not exceed $50
in any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte
judgment, judgment of forfeiture, or "failure to appear"
or "failure to comply" notices sent to the Secretary of

HB0833 - 25 - LRB102 13433 HLH 18778 b
State, the fee shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the
clerk may collect an additional fee not to exceed 25 cents
per page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:

HB0833 - 26 - LRB102 13433 HLH 18778 b
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$50.
(j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:

HB0833 - 27 - LRB102 13433 HLH 18778 b
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, the clerk may collect a fee of up to 2.5% of
the amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from
amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and
Child Support Collection Fund, of which the clerk shall be
the custodian, ex officio, to be used by the clerk to
maintain child support orders and record all payments
issued by the State Disbursement Unit for the official
record of the Court. The clerk may recover from the person
making the maintenance or child support payment any

HB0833 - 28 - LRB102 13433 HLH 18778 b
additional cost incurred in the collection of this annual
fee.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this
fee shall be deposited into the Separate Maintenance and
Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee
of 10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect
the fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the
County Treasurer to be credited to the earnings of the
Office of the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other
instrument in writing with the seal of office shall not
exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:

HB0833 - 29 - LRB102 13433 HLH 18778 b
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of
voluntary assignment, the clerk shall collect a fee not to

HB0833 - 30 - LRB102 13433 HLH 18778 b
exceed $20. For recording a deed of voluntary assignment, the
clerk shall collect a fee not to exceed 50 cents for each 100
words. Exceptions filed to claims presented to an assignee of
a debtor who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a
transcript of judgment, the clerk may collect the same fee as
if it were the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other

HB0833 - 31 - LRB102 13433 HLH 18778 b
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall
not exceed $40 in any other county; and when the amount
claimed is more than $10,000, the fee shall not exceed $75
in a county with a population of 3,000,000 or more and
shall not exceed $60 in any other county; except the court
in allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of
a will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent;
or (ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.

HB0833 - 32 - LRB102 13433 HLH 18778 b
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall
pay the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fees shall pay the same directly to the
person entitled thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument

HB0833 - 33 - LRB102 13433 HLH 18778 b
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other
than those services mentioned in this Section, as may be
requested by the public and agreed to by the clerk and approved
by the Chief Judge. Any charges for additional services shall
be as agreed to between the clerk and the party making the
request and approved by the Chief Judge. Nothing in this
subsection shall be construed to require any clerk to provide
any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and

HB0833 - 34 - LRB102 13433 HLH 18778 b
used to defray additional administrative costs incurred by the
clerk of the circuit court in collecting unpaid fees and
costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in
counties with a population less than 3,000,000;
provided however, no fee may be charged to any unit of
local government or school district in connection with
any action which, in whole or in part, is: (i) to
enforce an ordinance; (ii) to collect a debt; or (iii)
under the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois

HB0833 - 35 - LRB102 13433 HLH 18778 b
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any
fees associated with a special needs adoption. The term
"special needs adoption" has the meaning provided by the

HB0833 - 36 - LRB102 13433 HLH 18778 b
Illinois Department of Children and Family Services.
(aa) This Section is repealed on January 1, 2022.
(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
8-18-20.)
Section 55. The Criminal and Traffic Assessment Act is
amended by changing Section 15-20 as follows:
(705 ILCS 135/15-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-20. SCHEDULE 4; felony sex offenses.
SCHEDULE 4: For a felony or attempted felony under Article
11 or Section 12-33 of the Criminal Code of 2012, the Clerk of
the Circuit Court shall collect $1,314 and remit as follows:
(1) As the county's portion, $354 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation
Fund;
(G) $2 into the Public Defender Records Automation

HB0833 - 37 - LRB102 13433 HLH 18778 b
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $960 to the State Treasurer,
who shall deposit the money as follows:
(A) $520 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $200 into the Sexual Assault Services Fund;
(D) $100 into the Domestic Violence Shelter and
Service Services Fund;
(E) $5 into the State Police Merit Board Public Safety
Fund; and
(F) $35 into the Traffic and Criminal Conviction
Surcharge Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 60. The Unified Code of Corrections is amended by
changing Section 5-9-1.22 as follows:
(730 ILCS 5/5-9-1.22)
Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who
is convicted or receives a disposition of court supervision
for a violation of Section 11-501 of the Illinois Vehicle Code
shall, in addition to any other disposition, penalty, or fine

HB0833 - 38 - LRB102 13433 HLH 18778 b
imposed, pay a fee of $50 which shall be collected by the clerk
of the court and then remitted to the State Treasurer for
deposit into the Roadside Memorial Fund, a special fund that
is created in the State treasury. However, the court may waive
the fee if full restitution is complied with. Subject to
appropriation, all moneys in the Roadside Memorial Fund shall
be used by the Department of Transportation to pay fees
imposed under subsection (f) of Section 20 of the Roadside
Memorial Act.
This Section is substantially the same as Section 5-9-1.18
5-9-1.8 of the Unified Code of Corrections, which Section was
repealed by Public Act 100-987, and shall be construed as a
continuation of the fee established by that prior law, and not
as a new or different fee.
(Source: P.A. 101-10, eff. 6-5-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.