Illinois 2023-2024 Regular Session

Illinois House Bill HB2055 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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. LRB103 24806 LNS 51137 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2055 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 705 ILCS 105/27.3f 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. LRB103 24806 LNS 51137 b LRB103 24806 LNS 51137 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2055 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 105/27.3f 705 ILCS 105/27.3f
4	4	705 ILCS 105/27.3f
5	5	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.
6	6	LRB103 24806 LNS 51137 b LRB103 24806 LNS 51137 b
7	7	LRB103 24806 LNS 51137 b
8	8	A BILL FOR
9	9	HB2055LRB103 24806 LNS 51137 b HB2055 LRB103 24806 LNS 51137 b
10	10	HB2055 LRB103 24806 LNS 51137 b
11	11	1 AN ACT concerning courts.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Clerks of Courts Act is amended by changing
15	15	5 Section 27.3f as follows:
16	16	6 (705 ILCS 105/27.3f)
17	17	7 Sec. 27.3f. Guardianship and advocacy operations fee.
18	18	8 (a) As used in this Section, "guardianship and advocacy"
19	19	9 means the guardianship and advocacy services provided by the
20	20	10 Guardianship and Advocacy Commission and defined in the
21	21	11 Guardianship and Advocacy Act. Viable public guardianship and
22	22	12 advocacy programs, including the public guardianship programs
23	23	13 created and supervised in probate proceedings in the Illinois
24	24	14 courts, are essential to the administration of justice and
25	25	15 ensure that incapacitated persons and their estates are
26	26	16 protected. To defray the expense of maintaining and operating
27	27	17 the divisions and programs of the Guardianship and Advocacy
28	28	18 Commission and to support viable guardianship and advocacy
29	29	19 programs throughout Illinois, each circuit court clerk shall
30	30	20 charge and collect a fee on all new cases matters filed in
31	31	21 probate cases in the amount of $100 in accordance with this
32	32	22 Section, but no fees shall be assessed against the State
33	33	23 Guardian, any State agency under the jurisdiction of the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2055 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
38	38	705 ILCS 105/27.3f 705 ILCS 105/27.3f
39	39	705 ILCS 105/27.3f
40	40	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.
41	41	LRB103 24806 LNS 51137 b LRB103 24806 LNS 51137 b
42	42	LRB103 24806 LNS 51137 b
43	43	A BILL FOR
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49	49	705 ILCS 105/27.3f
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68	68	1 Governor, any public guardian, or any State's Attorney.
69	69	2 (b) No fee specified in this Section shall be imposed in
70	70	3 any minor guardianship established under Article XI of the
71	71	4 Probate Act of 1975, or against an indigent person who, upon
72	72	5 petition, is found by the court to meet . An indigent person
73	73	6 shall include any person who meets one or more of the following
74	74	7 criteria:
75	75	8 (1) He or she is receiving assistance under one or
76	76	9 more of the following public benefits programs:
77	77	10 Supplemental Security Income (SSI), Aid to the Aged,
78	78	11 Blind, and Disabled (AABD), Temporary Assistance for Needy
79	79	12 Families (TANF), Supplemental Nutrition Assistance Program
80	80	13 (SNAP) (formerly Food Stamps), General Assistance, State
81	81	14 Transitional Assistance, or State Children and Family
82	82	15 Assistance.
83	83	16 (2) His or her available income is 125% or less of the
84	84	17 current poverty level as established by the United States
85	85	18 Department of Health and Human Services, unless the
86	86	19 applicant's assets that are not exempt under Part 9 or 10
87	87	20 of Article XII of the Code of Civil Procedure are of a
88	88	21 nature and value that the court determines that the
89	89	22 applicant is able to pay the fees, costs, and charges.
90	90	23 (3) (Blank). He or she is, in the discretion of the
91	91	24 court, unable to proceed in an action without payment of
92	92	25 fees, costs, and charges and whose payment of those fees,
93	93	26 costs, and charges would result in substantial hardship to
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104	104	1 the person or his or her family.
105	105	2 (4) He or she is an indigent person pursuant to
106	106	3 Section 5-105.5 of the Code of Civil Procedure, providing
107	107	4 that an "indigent person" means a person whose income is
108	108	5 125% or less of the current official federal poverty
109	109	6 guidelines or who is otherwise eligible to receive civil
110	110	7 legal services under the Legal Services Corporation Act of
111	111	8 1974.
112	112	9 (5) He or she is otherwise unable to pay the fee
113	113	10 because it would cause substantial hardship to the person.
114	114	11 (c) The clerk is entitled to receive the fee specified in
115	115	12 this Section, which shall be paid in advance, and managed by
116	116	13 the clerk as set out in paragraph (2). , except that, for good
117	117	14 cause shown, the court may suspend, reduce, or release the
118	118	15 costs payable under this Section:
119	119	16 (1) (Blank). For administration of the estate of a
120	120	17 decedent (whether testate or intestate) or of a missing
121	121	18 person, a fee of $100.
122	122	19 (2) The guardianship and advocacy operations fee, as
123	123	20 outlined in subsection (a) this Section, shall be in
124	124	21 addition to all other fees and charges and assessable as
125	125	22 costs. Five percent of the fee collected under subsection
126	126	23 (a) shall be retained by the clerk for deposit into the
127	127	24 Circuit Court Clerk Operation and Administrative Fund to
128	128	25 defray costs of collection and 95% of the fee shall be
129	129	26 disbursed within 60 days after receipt by the circuit
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140	140	1 clerk to the State Treasurer for deposit by the State
141	141	2 Treasurer into the Guardianship and Advocacy Fund.
142	142	3 (Source: P.A. 97-1093, eff. 1-1-13.)
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