Bill Text: IL HB2055 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Clerk of Courts Act. Provides that each circuit court clerk shall charge and collect a fee on all new cases (rather than all matters) filed in probate cases in the amount of $100. Removes language providing that no fee shall be imposed against an indigent person who is, in the discretion of the court, unable to proceed in an action without payment of fees, costs, and charges and whose payment of those fees, costs, and charges would result in substantial hardship to the person or his or her family. Provides that no fee shall be imposed against an indigent person who is otherwise unable to pay the fee because it would cause substantial hardship to the person. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB2055 Detail]

Download: Illinois-2023-HB2055-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2055 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.3f
Amends the Clerk of Courts Act. Provides that each circuit court clerk shall charge and collect a fee on all new cases (rather than all matters) filed in probate cases in the amount of $100. Removes language providing that no fee shall be imposed against an indigent person who is, in the discretion of the court, unable to proceed in an action without payment of fees, costs, and charges and whose payment of those fees, costs, and charges would result in substantial hardship to the person or his or her family. Provides that no fee shall be imposed against an indigent person who is otherwise unable to pay the fee because it would cause substantial hardship to the person. Makes conforming changes.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clerks of Courts Act is amended by changing
Section 27.3f as follows:
(705 ILCS 105/27.3f)
Sec. 27.3f. Guardianship and advocacy operations fee.
(a) As used in this Section, "guardianship and advocacy"
means the guardianship and advocacy services provided by the
Guardianship and Advocacy Commission and defined in the
Guardianship and Advocacy Act. Viable public guardianship and
advocacy programs, including the public guardianship programs
created and supervised in probate proceedings in the Illinois
courts, are essential to the administration of justice and
ensure that incapacitated persons and their estates are
protected. To defray the expense of maintaining and operating
the divisions and programs of the Guardianship and Advocacy
Commission and to support viable guardianship and advocacy
programs throughout Illinois, each circuit court clerk shall
charge and collect a fee on all new cases matters filed in
probate cases in the amount of $100 in accordance with this
Section, but no fees shall be assessed against the State
Guardian, any State agency under the jurisdiction of the

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Governor, any public guardian, or any State's Attorney.
(b) No fee specified in this Section shall be imposed in
any minor guardianship established under Article XI of the
Probate Act of 1975, or against an indigent person who, upon
petition, is found by the court to meet . An indigent person
shall include any person who meets one or more of the following
criteria:
(1) He or she is receiving assistance under one or
more of the following public benefits programs:
Supplemental Security Income (SSI), Aid to the Aged,
Blind, and Disabled (AABD), Temporary Assistance for Needy
Families (TANF), Supplemental Nutrition Assistance Program
(SNAP) (formerly Food Stamps), General Assistance, State
Transitional Assistance, or State Children and Family
Assistance.
(2) His or her available income is 125% or less of the
current poverty level as established by the United States
Department of Health and Human Services, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are of a
nature and value that the court determines that the
applicant is able to pay the fees, costs, and charges.
(3) (Blank). He or she is, in the discretion of the
court, unable to proceed in an action without payment of
fees, costs, and charges and whose payment of those fees,
costs, and charges would result in substantial hardship to

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the person or his or her family.
(4) He or she is an indigent person pursuant to
Section 5-105.5 of the Code of Civil Procedure, providing
that an "indigent person" means a person whose income is
125% or less of the current official federal poverty
guidelines or who is otherwise eligible to receive civil
legal services under the Legal Services Corporation Act of
1974.
(5) He or she is otherwise unable to pay the fee
because it would cause substantial hardship to the person.
(c) The clerk is entitled to receive the fee specified in
this Section, which shall be paid in advance, and managed by
the clerk as set out in paragraph (2). , except that, for good
cause shown, the court may suspend, reduce, or release the
costs payable under this Section:
(1) (Blank). For administration of the estate of a
decedent (whether testate or intestate) or of a missing
person, a fee of $100.
(2) The guardianship and advocacy operations fee, as
outlined in subsection (a) this Section, shall be in
addition to all other fees and charges and assessable as
costs. Five percent of the fee collected under subsection
(a) shall be retained by the clerk for deposit into the
Circuit Court Clerk Operation and Administrative Fund to
defray costs of collection and 95% of the fee shall be
disbursed within 60 days after receipt by the circuit

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clerk to the State Treasurer for deposit by the State
Treasurer into the Guardianship and Advocacy Fund.
(Source: P.A. 97-1093, eff. 1-1-13.)