Bill Text: IL SB1768 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Appellate Court Act and the Clerks of Courts Act. Provides that the amount of certain court fees may be set by Supreme Court rule, except that the fee amounts shall remain as set by statute until the Supreme Court adopts rules specifying a higher or lower fee amount. Creates the Reviewing Court Case Management System Fund, a non-appropriated trust fund held separate and apart from State moneys. Provides that court fees collected under the new provisions shall be deposited into the Reviewing Court Case Management System Fund and used by the Supreme Court and the appellate courts for costs associated with electronic filing and case management systems. Amends the Professional Service Corporation Act, the Limited Liability Company Act, and the Professional Association Act. Provides that certificate of registration fees collected in connection with the practice of law may be set by Supreme Court rule, except that the fee amounts shall remain as set by statute until the Supreme Court adopts rules specifying a higher or lower fee amount. Creates the Supreme Court Committees and Commissions Fund, a non-appropriated trust fund held separate and apart from State moneys. Provides that moneys collected under the new provisions shall be deposited into the Supreme Court Committees and Commissions Fund and used for costs associated with the operation of committees and commissions created by the Supreme Court.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0324 [SB1768 Detail]
Download: Illinois-2013-SB1768-Introduced.html
Bill Title: Amends the Appellate Court Act and the Clerks of Courts Act. Provides that the amount of certain court fees may be set by Supreme Court rule, except that the fee amounts shall remain as set by statute until the Supreme Court adopts rules specifying a higher or lower fee amount. Creates the Reviewing Court Case Management System Fund, a non-appropriated trust fund held separate and apart from State moneys. Provides that court fees collected under the new provisions shall be deposited into the Reviewing Court Case Management System Fund and used by the Supreme Court and the appellate courts for costs associated with electronic filing and case management systems. Amends the Professional Service Corporation Act, the Limited Liability Company Act, and the Professional Association Act. Provides that certificate of registration fees collected in connection with the practice of law may be set by Supreme Court rule, except that the fee amounts shall remain as set by statute until the Supreme Court adopts rules specifying a higher or lower fee amount. Creates the Supreme Court Committees and Commissions Fund, a non-appropriated trust fund held separate and apart from State moneys. Provides that moneys collected under the new provisions shall be deposited into the Supreme Court Committees and Commissions Fund and used for costs associated with the operation of committees and commissions created by the Supreme Court.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0324 [SB1768 Detail]
Download: Illinois-2013-SB1768-Introduced.html
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1 | AN ACT concerning fees.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Appellate Court Act is amended by changing | |||||||||||||||||||||||||||||
5 | Section 3 as follows:
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6 | (705 ILCS 25/3) (from Ch. 37, par. 27)
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7 | Sec. 3. Clerk's salary - destruction of records. | |||||||||||||||||||||||||||||
8 | (a) The ordinary and contingent
expenses of operating the | |||||||||||||||||||||||||||||
9 | offices of the clerks of the branches of the Appellate
Court, | |||||||||||||||||||||||||||||
10 | including salaries, shall be determined by the Supreme Court | |||||||||||||||||||||||||||||
11 | and
paid from the State Treasury on the warrant of the | |||||||||||||||||||||||||||||
12 | Comptroller out of appropriations
made for that purpose by the | |||||||||||||||||||||||||||||
13 | General Assembly. The clerk of each branch
of the appellate | |||||||||||||||||||||||||||||
14 | court shall
perform the duties usually devolving upon clerks of | |||||||||||||||||||||||||||||
15 | courts in this
State, and shall provide books, stationery and | |||||||||||||||||||||||||||||
16 | seals for the appellate
courts, and shall be entitled to | |||||||||||||||||||||||||||||
17 | receive the same fees for services in
each branch of the | |||||||||||||||||||||||||||||
18 | appellate court as are allowed for like services in
the Supreme | |||||||||||||||||||||||||||||
19 | Court. All fees paid to or received by any such clerk shall
be | |||||||||||||||||||||||||||||
20 | paid into the State treasury as required by Section 2 of "An | |||||||||||||||||||||||||||||
21 | Act in
relation to the payment and disposition of moneys | |||||||||||||||||||||||||||||
22 | received by officers
and employees of the State of Illinois by | |||||||||||||||||||||||||||||
23 | virtue of their office or
employment", approved June 9, 1911, |
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1 | as amended, except that : | ||||||
2 | (1) any filing fees designated by Supreme Court Rule | ||||||
3 | for alternative dispute resolution programs in the | ||||||
4 | reviewing courts as provided in the Reviewing Court | ||||||
5 | Alternative Dispute Resolution Act shall, within one month | ||||||
6 | after receipt, be remitted to the State Treasurer for | ||||||
7 | deposit in the Mandatory Arbitration Fund ; and | ||||||
8 | (2) any fees identified and collected under Section 28 | ||||||
9 | of the Clerks of Courts Act shall be disposed of in | ||||||
10 | accordance with that Section .
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11 | (b) The clerks shall, on the order and under the direction | ||||||
12 | of the
court, destroy any or all the records certified by the | ||||||
13 | clerk (or a
judge) of a trial court in cases finally decided | ||||||
14 | more than 21 years
prior to the entry of the order.
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15 | (Source: P.A. 96-302, eff. 1-1-10.)
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16 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
17 | Sections 28 and 29 as follows:
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18 | (705 ILCS 105/28)
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19 | Sec. 28. Supreme Court Clerk; fees. At the time of filing a | ||||||
20 | petition or
record, the petitioner or appellant shall pay to | ||||||
21 | the Clerk of the Supreme Court
the sum of $25. That sum shall | ||||||
22 | be in full payment of all services of the clerk
on behalf of | ||||||
23 | the petitioner or appellant, except the making of a complete
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24 | record, or copies of records, papers, or orders. The respondent |
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1 | or appellee,
before entering an appearance or filing any paper, | ||||||
2 | shall pay to the Clerk of
the Supreme Court the sum of $15, | ||||||
3 | which sum shall be in full payment of all
services of the clerk | ||||||
4 | on behalf of the respondent or appellee, except the
making of a | ||||||
5 | complete record, or copies of records, papers, or orders.
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6 | The fee for each official certificate and seal is $1.
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7 | The fee for making a complete record, copy of a record, or | ||||||
8 | other papers
in this office is a reasonable fee per page as | ||||||
9 | established by the
Supreme Court, except that the clerk shall
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10 | furnish without cost, to parties in interest or their attorneys | ||||||
11 | of
record, copies of opinions or orders. In furtherance of the
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12 | public interest, the clerk may furnish copies of opinions or | ||||||
13 | orders without
cost to other individuals or entities.
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14 | The fee for preparing a law license, certifying it with the | ||||||
15 | seal,
administering the oath, and transcribing the name on the | ||||||
16 | roll of attorneys is
$5.
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17 | In no event shall the clerk charge or receive any other or
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18 | different fees than those specified in this Section, except as | ||||||
19 | otherwise
authorized by statute. | ||||||
20 | After the effective date of this amendatory Act of the 98th | ||||||
21 | General Assembly, the amount of any fee collected under this | ||||||
22 | Section may be set by Supreme Court rule, except that the | ||||||
23 | amount of the fees collected under this Section shall remain as | ||||||
24 | set by statute until the Supreme Court adopts rules specifying | ||||||
25 | a higher or lower fee amount.
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26 | There is created the Reviewing Court Case Management System |
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1 | Fund, a non-appropriated trust fund held separate and apart | ||||||
2 | from State moneys. Moneys collected under this Section shall be | ||||||
3 | deposited into the Reviewing Court Case Management System Fund, | ||||||
4 | to be used by the Supreme Court and the appellate courts for | ||||||
5 | costs associated with electronic filing and case management | ||||||
6 | systems. | ||||||
7 | (Source: P.A. 88-691; 89-233, eff. 1-1-96; 89-626, eff. 8-9-96; | ||||||
8 | 89-686, eff.
12-31-96.)
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9 | (705 ILCS 105/29)
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10 | Sec. 29. Salary; disposition of fees; expenditures. The | ||||||
11 | ordinary
and contingent expenses of operating the Office of the | ||||||
12 | Clerk of the Supreme
Court, including salaries, shall be | ||||||
13 | determined by the Supreme Court and
paid from the State | ||||||
14 | treasury on the warrant of the Comptroller out of
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15 | appropriations made for that purpose by the General Assembly.
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16 | Except as specified under Section 28 of this Act, Section | ||||||
17 | 12 of the Professional Service Corporation Act, Section 50-45 | ||||||
18 | of the Limited Liability Company Act, and Section 10 of the | ||||||
19 | Professional Association Act, all All fees and costs paid to or | ||||||
20 | received by the Clerk of the Supreme
Court shall be paid into | ||||||
21 | the State Treasury.
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22 | (Source: P.A. 89-233, eff. 1-1-96.)
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23 | Section 15. The Professional Service Corporation Act is | ||||||
24 | amended by changing Section 12 as follows:
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1 | (805 ILCS 10/12) (from Ch. 32, par. 415-12)
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2 | Sec. 12.
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3 | (a) No corporation shall open, operate or maintain an | ||||||
4 | establishment for any
of the purposes for which a corporation | ||||||
5 | may be organized under this Act
without a certificate of | ||||||
6 | registration from the regulating authority
authorized by law to | ||||||
7 | license individuals to engage in the profession or
related | ||||||
8 | professions concerned. Application for such registration shall | ||||||
9 | be
made in writing, and shall contain the name and address of | ||||||
10 | the corporation,
and such other information as may be required | ||||||
11 | by the regulating authority.
Upon receipt of such application, | ||||||
12 | the regulating authority, or some
administrative agency of | ||||||
13 | government designated by it, shall make an
investigation of the | ||||||
14 | corporation. If the regulating authority is the
Supreme Court | ||||||
15 | it may designate the bar or legal association which
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16 | investigates and prefers charges against lawyers to it for | ||||||
17 | disciplining. If
such authority finds that the incorporators, | ||||||
18 | officers, directors and
shareholders are each licensed | ||||||
19 | pursuant to the laws of Illinois to engage
in the particular | ||||||
20 | profession or related professions involved (except that
the | ||||||
21 | secretary of the corporation need not be so licensed), and if | ||||||
22 | no
disciplinary action is pending before it against any of | ||||||
23 | them, and if it
appears that the corporation will be conducted | ||||||
24 | in compliance with the law
and the regulations and rules of the | ||||||
25 | regulating authority, such authority,
shall issue, upon |
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1 | payment of a registration fee of $50, a certificate of
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2 | registration.
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3 | Upon written application of the holder, the
regulating | ||||||
4 | authority which originally issued the certificate of
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5 | registration shall renew the certificate if it finds that the | ||||||
6 | corporation
has complied with its regulations and the | ||||||
7 | provisions of this Act.
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8 | The fee for the renewal of a certificate of registration | ||||||
9 | shall be calculated
at the rate of $40 per year.
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10 | The certificate of registration shall be conspicuously | ||||||
11 | posted upon the
premises to which it is applicable, and the | ||||||
12 | professional corporation shall
have only those offices which | ||||||
13 | are designated by street address in the
articles of | ||||||
14 | incorporation, or as changed by amendment of such articles. No
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15 | certificate of registration shall be assignable.
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16 | (b) There is created the Supreme Court Committees and | ||||||
17 | Commissions Fund, a non-appropriated trust fund held separate | ||||||
18 | and apart from State moneys. Moneys in the Supreme Court | ||||||
19 | Committees and Commissions Fund shall be used exclusively for | ||||||
20 | costs associated with the operation of committees and | ||||||
21 | commissions created by the Supreme Court. Moneys collected | ||||||
22 | under this Section from a professional corporation organized to | ||||||
23 | practice law shall be deposited into the Supreme Court | ||||||
24 | Committees and Commissions Fund. | ||||||
25 | (c) After the effective date of this amendatory Act of the | ||||||
26 | 98th General Assembly, the amount of any fee collected under |
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1 | this Section from a professional corporation organized to | ||||||
2 | practice law may be set by Supreme Court rule, except that the | ||||||
3 | amount of the fees shall remain as set by statute until the | ||||||
4 | Supreme Court adopts rules specifying a higher or lower fee | ||||||
5 | amount. | ||||||
6 | (Source: P.A. 83-863.)
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7 | Section 20. The Limited Liability Company Act is amended by | ||||||
8 | changing Section 50-45 as follows:
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9 | (805 ILCS 180/50-45)
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10 | Sec. 50-45. Certificate of registration; attorneys at law. | ||||||
11 | (a) A limited
liability company that is organized to | ||||||
12 | practice law may not engage in the
practice
of law without a | ||||||
13 | certificate of registration from the Supreme Court of
Illinois. | ||||||
14 | Application for registration shall be made in writing and shall
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15 | contain the name and address of the limited liability company | ||||||
16 | and such other
information as may be required by the Supreme | ||||||
17 | Court. Upon receipt of the
application, if the Supreme Court | ||||||
18 | finds that the organizers, members, and
managers are each | ||||||
19 | licensed to practice law, no disciplinary action is
pending | ||||||
20 | against any of them, and
it appears that the limited liability | ||||||
21 | company will be conducted in compliance
with the law and the | ||||||
22 | rules of the Supreme Court, the Supreme Court may issue,
upon | ||||||
23 | payment of a registration fee of $50, a certificate of | ||||||
24 | registration.
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1 | Upon written application of the certificate holder and upon | ||||||
2 | completion of a
form prescribed by the Supreme Court, the | ||||||
3 | Supreme Court may renew the
certificate if it finds that the | ||||||
4 | limited liability company has complied with
the Supreme Court's | ||||||
5 | rules and the provisions of this Act. The fee for the
renewal | ||||||
6 | of a
certificate of registration is $40 per year.
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7 | The applications submitted and fees payable to the Supreme | ||||||
8 | Court shall be in
addition to the documents, amendments, and | ||||||
9 | reports filed with and the fees and
penalties charged by the | ||||||
10 | Secretary of State.
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11 | The certificate of registration shall be conspicuously | ||||||
12 | posted upon the
premises to which it is applicable, and the | ||||||
13 | limited liability company may
have only those offices that are | ||||||
14 | designated by street address in the articles
of organization or | ||||||
15 | as changed by amendment of those articles. A certificate
of | ||||||
16 | registration is not assignable.
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17 | (b) Moneys collected under this Section shall be deposited | ||||||
18 | into the Supreme Court Committees and Commissions Fund. | ||||||
19 | (c) After the effective date of this amendatory Act of the | ||||||
20 | 98th General Assembly, the amount of any fee collected under | ||||||
21 | this Section may be set by Supreme Court rule, except that the | ||||||
22 | amount of the fees shall remain as set by statute until the | ||||||
23 | Supreme Court adopts rules specifying a higher or lower fee | ||||||
24 | amount. | ||||||
25 | (Source: P.A. 89-686, eff. 12-31-96.)
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1 | Section 25. The Professional Association Act is amended by | ||||||
2 | changing Section 10 as follows:
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3 | (805 ILCS 305/10) (from Ch. 106 1/2, par. 110)
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4 | Sec. 10. Regulation of practice of law.
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5 | (a) The manner in which lawyers practice law under this Act | ||||||
6 | is subject
to the powers of the Supreme Court to regulate the | ||||||
7 | practice of law.
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8 | (b) A professional
association that is organized to | ||||||
9 | practice law may not engage in the practice of
law without a | ||||||
10 | certificate of registration from the Supreme Court of Illinois.
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11 | Application for registration shall be made in writing and shall | ||||||
12 | contain the
name and address of the professional association | ||||||
13 | and such other information as
may be required by the Supreme | ||||||
14 | Court. Upon receipt of the application, if the
Supreme Court | ||||||
15 | finds that the members and shareholders are each licensed to
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16 | practice law, no disciplinary action is pending against any of | ||||||
17 | them, and
it appears that the professional association will be | ||||||
18 | conducted in compliance
with the law and the rules of the | ||||||
19 | Supreme Court, the Supreme Court may issue,
upon payment of a | ||||||
20 | registration fee of $50, a certificate of registration.
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21 | Upon written application of the certificate holder and upon | ||||||
22 | completion of a
form prescribed by the Supreme Court, the | ||||||
23 | Supreme Court may renew the
certificate if it finds that the | ||||||
24 | professional association has complied with
the Supreme Court's | ||||||
25 | rules and the provisions of this Act. The fee for the
renewal |
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1 | of a certificate of registration is $40 per year.
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2 | The certificate of registration shall be conspicuously | ||||||
3 | posted upon the
premises to which it is applicable, and the | ||||||
4 | professional association may have
only those offices that are | ||||||
5 | designated by street address in the articles of
association or | ||||||
6 | as changed by amendment of those articles. A certificate of
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7 | registration is not assignable.
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8 | (c) Moneys collected under this Section shall be deposited | ||||||
9 | into the Supreme Court Committees and Commissions Fund. | ||||||
10 | (d) After the effective date of this amendatory Act of the | ||||||
11 | 98th General Assembly, the amount of any fee collected under | ||||||
12 | this Section may be set by Supreme Court rule, except that the | ||||||
13 | amount of the fees shall remain as set by statute until the | ||||||
14 | Supreme Court adopts rules specifying a higher or lower fee | ||||||
15 | amount. | ||||||
16 | (Source: P.A. 89-686, eff. 12-31-96.)
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