FILING FEES-CLERK-GAC FUND

Illinois General Assembly - Full Text of HB5277

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5277

Introduced 2/10/2026, by Rep. Michael Crawford

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-22

from Ch. 127, par. 142z-22
705 ILCS 105/27.1b
705 ILCS 105/27.3f rep.

Amends the Clerks of the Courts Act. Increases the filing fee and
appearance fee in civil actions. Requires $5 of those fees to be deposited
into the Guardianship and Advocacy Fund. Provides that no fee may be
charged for accounts filed for guardianships established for minors under
the Minors Article of the Probate Act of 1975 or for disabled adults of the
Probate Act of 1975. Provides that no fee may be charged for a commitment
petition or petition for discharge under the Mental Health and
Developmental Disabilities Code. Repeals the provisions imposing the
guardianship and advocacy operations fee.
LRB104 18252 JRC 31691 b

A BILL FOR

HB5277
LRB104 18252 JRC 31691 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The State Finance Act is amended by changing
5
Section 6z-22 as follows:

6

(30 ILCS 105/6z-22)

(from Ch. 127, par. 142z-22)
7

Sec. 6z-22.
Viable public guardianship and advocacy
8
programs, including the public guardianship programs created
9
and supervised in probate proceedings in State courts, are
10
essential to the administration of justice and operation of
11
the court to ensure that incapacitated persons and their
12
estates are protected regardless of their individual capacity
13
to access the courts. Providing independent legal
14
representation for individuals named in proceedings initiated
15
under the Mental Health and Developmental Disabilities Code is
16
essential to the administration of justice and operation of
17
courts so that an individual named in such proceedings,
18
regardless of resources, is afforded counsel that is free of
19
conflicting duties and charged with insuring compliance with
20
the Code's requirements, which is a necessary safeguard to
21
prevent the mental health and developmental disabilities
22
systems from become a tool to oppress rather than serve
23
society. To defray the expense of maintaining and operating

HB5277
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LRB104 18252 JRC 31691 b
1
the divisions and programs of the Guardianship and Advocacy
2
Commission and to support viable guardianship and advocacy
3
programs throughout the State, each circuit court clerk must
4
remit a portion of the filing and appearance fees, as provided
5
in Section 27.1b of the Clerk of Courts Act, to the State
6
Treasurer for deposit into the Guardianship and Advocacy Fund.

7
All fees or other monies received by the Guardianship and
8
Advocacy Commission incident to the provision of legal or
9
guardianship services to eligible persons or wards pursuant to
10
subsection (i) of Section 5 of the Guardianship and Advocacy
11
Act shall be paid into the Guardianship and Advocacy Fund.
12

Appropriations for the improvement, development, addition
13
or expansion of legal and guardianship services for eligible
14
persons or wards pursuant to Section 5 of the Guardianship and
15
Advocacy Act or for the financing of any program designed to
16
provide such improvement, development, addition or expansion
17
of services or for expenses incurred in administering the
18
Human Rights Authority, Legal Advocacy Service and Office of
19
State Guardian are payable from the Guardianship and Advocacy
20
Fund.
21
(Source: P.A. 86-448; 86-1028.)

22

Section 10.
The Clerks of Courts Act is amended by
23
changing Section 27.1b as follows:

24

(705 ILCS 105/27.1b)

HB5277
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LRB104 18252 JRC 31691 b
1

Sec. 27.1b.
Circuit court clerk fees.
Notwithstanding any
2
other provision of law, all fees charged by the clerks of the
3
circuit court for the services described in this Section shall
4
be established, collected, and disbursed in accordance with
5
this Section. Except as otherwise specified in this Section,
6
all fees under this Section shall be paid in advance and
7
disbursed by each clerk on a monthly basis. In a county with a
8
population of over 3,000,000, units of local government and
9
school districts shall not be required to pay fees under this
10
Section in advance and the clerk shall instead send an
11
itemized bill to the unit of local government or school
12
district, within 30 days of the fee being incurred, and the
13
unit of local government or school district shall be allowed
14
at least 30 days from the date of the itemized bill to pay;
15
these payments shall be disbursed by each clerk on a monthly
16
basis. Unless otherwise specified in this Section, the amount
17
of a fee shall be determined by ordinance or resolution of the
18
county board and remitted to the county treasurer to be used
19
for purposes related to the operation of the court system in
20
the county. In a county with a population of over 3,000,000,
21
any amount retained by the clerk of the circuit court or
22
remitted to the county treasurer shall be subject to
23
appropriation by the county board.
24

(a) Civil cases. The fee for filing a complaint, petition,
25
or other pleading initiating a civil action shall be as set
26
forth in the applicable schedule under this subsection in

HB5277
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LRB104 18252 JRC 31691 b
1
accordance with case categories established by the Supreme
2
Court in schedules.
3

(1) SCHEDULE 1: not to exceed a total of
$371

$366
in a
4

county with a population of 3,000,000 or more and not to
5

exceed
$321

$316
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
$195

$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
$26

$21
to the
19

State 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

HB5277
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LRB104 18252 JRC 31691 b
1

(iii) $5 into the Guardianship and Advocacy
2

Fund; and

3

(iv)

(iii)
$9 into the Supreme Court Special
4

Purposes Fund.
5

(C) The clerk shall remit a sum to the County
6

Treasurer, in an amount not to exceed $290 in a county
7

with a population of 3,000,000 or more and in an amount
8

not to exceed $250 in any other county, as specified by
9

ordinance or resolution passed by the county board,
10

for purposes related to the operation of the court
11

system in the county.
12

(2) SCHEDULE 2: not to exceed a total of
$362

$357
in a
13

county with a population of 3,000,000 or more and not to
14

exceed $266 in any other county, except as applied to
15

units of local government and school districts in counties
16

with more than 3,000,000 inhabitants an amount not to
17

exceed $190 through December 31, 2021 and $184 on and
18

after January 1, 2022. The fees collected under this
19

schedule shall be disbursed as follows:
20

(A) The clerk shall retain a sum, in an amount not
21

to exceed $55 in a county with a population of
22

3,000,000 or more and in an amount not to exceed $45 in
23

any other county determined by the clerk with the
24

approval of the Supreme Court, to be used for court
25

automation, court document storage, and administrative
26

purposes.

HB5277
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LRB104 18252 JRC 31691 b
1

(B) The clerk shall remit up to $21 to the State
2

Treasurer. The State Treasurer shall deposit the
3

appropriate amounts, in accordance with the clerk's
4

instructions, as follows:
5

(i) up to $10, as specified by the Supreme
6

Court in accordance with Part 10A of Article II of
7

the Code of Civil Procedure, into the Mandatory
8

Arbitration Fund;
9

(ii) $2 into the Access to Justice Fund: and
10

(iii) $9 into the Supreme Court Special
11

Purposes Fund.
12

(C) The clerk shall remit a sum to the County
13

Treasurer, in an amount not to exceed $281 in a county
14

with a population of 3,000,000 or more and in an amount
15

not to exceed $200 in any other county, as specified by
16

ordinance or resolution passed by the county board,
17

for purposes related to the operation of the court
18

system in the county.
19

(3) SCHEDULE 3: not to exceed a total of
$270

$265
in a
20

county with a population of 3,000,000 or more and not to
21

exceed
$94

$89
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
$195

$190 through December 31, 2021 and $184 on and
25

after January 1, 2022
. The fees collected under this
26

schedule shall be disbursed as follows:

HB5277
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LRB104 18252 JRC 31691 b
1

(A) The clerk shall retain a sum, in an amount not
2

to exceed $55 in a county with a population of
3

3,000,000 or more and in an amount not to exceed $22 in
4

any other county determined by the clerk with the
5

approval of the Supreme Court, to be used for court
6

automation, court document storage, and administrative
7

purposes.
8

(B) The clerk shall remit
$16

$11
to the State
9

Treasurer. The State Treasurer shall deposit the
10

appropriate amounts in accordance with the clerk's
11

instructions, as follows:
12

(i) $2 into the Access to Justice Fund;
and
13

(ii) $5 into the Guardianship and Advocacy
14

Fund; and

15

(iii)

(ii)
$9 into the Supreme Court Special
16

Purposes Fund.
17

(C) The clerk shall remit a sum to the County
18

Treasurer, in an amount not to exceed $199 in a county
19

with a population of 3,000,000 or more and in an amount
20

not to exceed $56 in any other county, as specified by
21

ordinance or resolution passed by the county board,
22

for purposes related to the operation of the court
23

system in the county.
24

(4) SCHEDULE 4: $0.
25

(b) Appearance. The fee for filing an appearance in a
26
civil action, including a cannabis civil law action under the

HB5277
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LRB104 18252 JRC 31691 b
1
Cannabis Control Act, shall be as set forth in the applicable
2
schedule under this subsection in accordance with case
3
categories established by the Supreme Court in schedules.
4

(1) SCHEDULE 1: not to exceed a total of
$235

$230
in a
5

county with a population of 3,000,000 or more and not to
6

exceed
$196

$191
in any other county, except as applied to
7

units of local government and school districts in counties
8

with more than 3,000,000 inhabitants an amount not to
9

exceed
$80

$75
. The fees collected under this schedule
10

shall be disbursed as follows:
11

(A) The clerk shall retain a sum, in an amount not
12

to exceed $50 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
$26

$21
to the
19

State 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

HB5277
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LRB104 18252 JRC 31691 b
1

(iii) $5 into the Guardianship and Advocacy
2

Fund; and

3

(iv)

(iii)
$9 into the Supreme Court Special
4

Purposes Fund.
5

(C) The clerk shall remit a sum to the County
6

Treasurer, in an amount not to exceed $159 in a county
7

with a population of 3,000,000 or more and in an amount
8

not to exceed $125 in any other county, as specified by
9

ordinance or resolution passed by the county board,
10

for purposes related to the operation of the court
11

system in the county.
12

(2) SCHEDULE 2: not to exceed a total of
$135

$130
in a
13

county with a population of 3,000,000 or more and not to
14

exceed
$114

$109
in any other county, except as applied to
15

units of local government and school districts in counties
16

with more than 3,000,000 inhabitants an amount not to
17

exceed
$80

$75
. The fees collected under this schedule
18

shall be disbursed as follows:
19

(A) The clerk shall retain a sum, in an amount not
20

to exceed $50 in a county with a population of
21

3,000,000 or more and in an amount not to exceed $10 in
22

any other county determined by the clerk with the
23

approval of the Supreme Court, to be used for court
24

automation, court document storage, and administrative
25

purposes.
26

(B) The clerk shall remit
up to $14

$9
to the State

HB5277
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LRB104 18252 JRC 31691 b
1

Treasurer
. The

, which the
State Treasurer shall
2

deposit
the appropriate amounts, in accordance with
3

the clerk's instructions, as follows:

into the Supreme
4

Court Special Purposes Fund.
5

(i) $5 into the Guardianship and Advocacy
6

Fund; and
7

(ii) $9 into the Supreme Court Special
8

Purposes Fund.

9

(C) The clerk shall remit a sum to the County
10

Treasurer, in an amount not to exceed $71 in a county
11

with a population of 3,000,000 or more and in an amount
12

not to exceed $90 in any other county, as specified by
13

ordinance or resolution passed by the county board,
14

for purposes related to the operation of the court
15

system in the county.
16

(3) SCHEDULE 3: $0.
17

(b-5) Kane County and Will County. In Kane County and Will
18
County civil cases, there is an additional fee of up to $30 as
19
set by the county board under Section 5-1101.3 of the Counties
20
Code to be paid by each party at the time of filing the first
21
pleading, paper, or other appearance; provided that no
22
additional fee shall be required if more than one party is
23
represented in a single pleading, paper, or other appearance.
24
Distribution of fees collected under this subsection (b-5)
25
shall be as provided in Section 5-1101.3 of the Counties Code.
26

(c) Counterclaim or third party complaint. When any

HB5277
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LRB104 18252 JRC 31691 b
1
defendant files a counterclaim or third party complaint, as
2
part of the defendant's answer or otherwise, the defendant
3
shall pay a filing fee for each counterclaim or third party
4
complaint in an amount equal to the filing fee the defendant
5
would have had to pay had the defendant brought a separate
6
action for the relief sought in the counterclaim or third
7
party complaint, less the amount of the appearance fee, if
8
any, that the defendant has already paid in the action in which
9
the counterclaim or third party complaint is filed.
10

(d) Alias summons. The clerk shall collect a fee not to
11
exceed $6 in a county with a population of 3,000,000 or more
12
and not to exceed $5 in any other county for each alias summons
13
or citation issued by the clerk, except as applied to units of
14
local government and school districts in counties with more
15
than 3,000,000 inhabitants an amount not to exceed $5 for each
16
alias summons or citation issued by the clerk.
17

(e) Jury services. The clerk shall collect, in addition to
18
other fees allowed by law, a sum not to exceed $212.50, as a
19
fee for the services of a jury in every civil action not
20
quasi-criminal in its nature and not a proceeding for the
21
exercise of the right of eminent domain and in every other
22
action wherein the right of trial by jury is or may be given by
23
law. The jury fee shall be paid by the party demanding a jury
24
at the time of filing the jury demand. If the fee is not paid
25
by either party, no jury shall be called in the action or
26
proceeding, and the action or proceeding shall be tried by the

HB5277
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LRB104 18252 JRC 31691 b
1
court without a jury.
2

(f) Change of venue. In connection with a change of venue:
3

(1) The clerk of the jurisdiction from which the case
4

is transferred may charge a fee, not to exceed $40, for the
5

preparation and certification of the record; and
6

(2) The clerk of the jurisdiction to which the case is
7

transferred may charge the same filing fee as if it were
8

the commencement of a new suit.
9

(g) Petition to vacate or modify.
10

(1) In a proceeding involving a petition to vacate or
11

modify any final judgment or order filed within 30 days
12

after the judgment or order was entered, except for an
13

eviction case, small claims case, petition to reopen an
14

estate, petition to modify, terminate, or enforce a
15

judgment or order for child or spousal support, or
16

petition to modify, suspend, or terminate an order for
17

withholding, the fee shall not exceed $60 in a county with
18

a population of 3,000,000 or more and shall not exceed $50
19

in any other county, except as applied to units of local
20

government and school districts in counties with more than
21

3,000,000 inhabitants an amount not to exceed $50.
22

(2) In a proceeding involving a petition to vacate or
23

modify any final judgment or order filed more than 30 days
24

after the judgment or order was entered, except for a
25

petition to modify, terminate, or enforce a judgment or
26

order for child or spousal support, or petition to modify,

HB5277
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LRB104 18252 JRC 31691 b
1

suspend, or terminate an order for withholding, the fee
2

shall not exceed $75.
3

(3) In a proceeding involving a motion to vacate or
4

amend a final order, motion to vacate an ex parte
5

judgment, judgment of forfeiture, or "failure to appear"
6

or "failure to comply" notices sent to the Secretary of
7

State, the fee shall equal $40.
8

(h) Appeals preparation. The fee for preparation of a
9
record on appeal shall be based on the number of pages, as
10
follows:
11

(1) if the record contains no more than 100 pages, the
12

fee shall not exceed $70 in a county with a population of
13

3,000,000 or more and shall not exceed $50 in any other
14

county;
15

(2) if the record contains between 100 and 200 pages,
16

the fee shall not exceed $100; and
17

(3) if the record contains 200 or more pages, the
18

clerk may collect an additional fee not to exceed 25 cents
19

per page.
20

(i) Remands. In any cases remanded to the circuit court
21
from the Supreme Court or the appellate court for a new trial,
22
the clerk shall reinstate the case with either its original
23
number or a new number. The clerk shall not charge any new or
24
additional fee for the reinstatement. Upon reinstatement, the
25
clerk shall advise the parties of the reinstatement. Parties
26
shall have the same right to a jury trial on remand and

HB5277
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LRB104 18252 JRC 31691 b
1
reinstatement that they had before the appeal, and no
2
additional or new fee or charge shall be made for a jury trial
3
after remand.
4

(j) Garnishment, wage deduction, and citation. In
5
garnishment affidavit, wage deduction affidavit, and citation
6
petition proceedings:
7

(1) if the amount in controversy in the proceeding is
8

not more than $1,000, the fee may not exceed $35 in a
9

county with a population of 3,000,000 or more and may not
10

exceed $15 in any other county, except as applied to units
11

of local government and school districts in counties with
12

more than 3,000,000 inhabitants an amount not to exceed
13

$15;
14

(2) if the amount in controversy in the proceeding is
15

greater than $1,000 and not more than $5,000, the fee may
16

not exceed $45 in a county with a population of 3,000,000
17

or more and may not exceed $30 in any other county, except
18

as applied to units of local government and school
19

districts in counties with more than 3,000,000 inhabitants
20

an amount not to exceed $30; and
21

(3) if the amount in controversy in the proceeding is
22

greater than $5,000, the fee may not exceed $65 in a county
23

with a population of 3,000,000 or more and may not exceed
24

$50 in any other county, except as applied to units of
25

local government and school districts in counties with
26

more than 3,000,000 inhabitants an amount not to exceed

HB5277
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LRB104 18252 JRC 31691 b
1

$50.
2

(j-5) Debt collection. In any proceeding to collect a debt
3
subject to the exception in item (ii) of subparagraph (A-5) of
4
paragraph (1) of subsection (z) of this Section, the circuit
5
court shall order and the clerk shall collect from each
6
judgment debtor a fee of:
7

(1) $35 if the amount in controversy in the proceeding
8

is not more than $1,000;
9

(2) $45 if the amount in controversy in the proceeding
10

is greater than $1,000 and not more than $5,000; and
11

(3) $65 if the amount in controversy in the proceeding
12

is greater than $5,000.
13

(k) Collections.
14

(1) For all collections made of others, except the
15

State and county and except in maintenance or child
16

support cases, the clerk may collect a fee of up to 2.5% of
17

the amount collected and turned over.
18

(2) In child support and maintenance cases, the clerk
19

may collect an annual fee of up to $36 from the person
20

making payment for maintaining child support records and
21

the processing of support orders to the State of Illinois
22

KIDS system and the recording of payments issued by the
23

State Disbursement Unit for the official record of the
24

Court. This fee is in addition to and separate from
25

amounts ordered to be paid as maintenance or child support
26

and shall be deposited into a Separate Maintenance and

HB5277
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LRB104 18252 JRC 31691 b
1

Child Support Collection Fund, of which the clerk shall be
2

the custodian, ex officio, to be used by the clerk to
3

maintain child support orders and record all payments
4

issued by the State Disbursement Unit for the official
5

record of the Court. The clerk may recover from the person
6

making the maintenance or child support payment any
7

additional cost incurred in the collection of this annual
8

fee.
9

(3) The clerk may collect a fee of $5 for
10

certifications made to the Secretary of State as provided
11

in Section 7-703 of the Illinois Vehicle Code, and this
12

fee shall be deposited into the Separate Maintenance and
13

Child Support Collection Fund.
14

(4) In proceedings to foreclose the lien of delinquent
15

real estate taxes, State's Attorneys shall receive a fee
16

of 10% of the total amount realized from the sale of real
17

estate sold in the proceedings. The clerk shall collect
18

the fee from the total amount realized from the sale of the
19

real estate sold in the proceedings and remit to the
20

County Treasurer to be credited to the earnings of the
21

Office of the State's Attorney.
22

(l) Mailing. The fee for the clerk mailing documents shall
23
not exceed $10 plus the cost of postage.
24

(m) Certified copies. The fee for each certified copy of a
25
judgment, after the first copy, shall not exceed $10.
26

(n) Certification, authentication, and reproduction.

HB5277
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LRB104 18252 JRC 31691 b
1

(1) The fee for each certification or authentication
2

for taking the acknowledgment of a deed or other
3

instrument in writing with the seal of office shall not
4

exceed $6.
5

(2) The fee for reproduction of any document contained
6

in the clerk's files shall not exceed:
7

(A) $2 for the first page;
8

(B) 50 cents per page for the next 19 pages; and
9

(C) 25 cents per page for all additional pages.
10

(o) Record search. For each record search, within a
11
division or municipal district, the clerk may collect a search
12
fee not to exceed $6 for each year searched.
13

(p) Hard copy. For each page of hard copy print output,
14
when case records are maintained on an automated medium, the
15
clerk may collect a fee not to exceed $10 in a county with a
16
population of 3,000,000 or more and not to exceed $6 in any
17
other county, except as applied to units of local government
18
and school districts in counties with more than 3,000,000
19
inhabitants an amount not to exceed $6.
20

(q) Index inquiry and other records. No fee shall be
21
charged for a single plaintiff and defendant index inquiry or
22
single case record inquiry when this request is made in person
23
and the records are maintained in a current automated medium,
24
and when no hard copy print output is requested. The fees to be
25
charged for management records, multiple case records, and
26
multiple journal records may be specified by the Chief Judge

HB5277
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LRB104 18252 JRC 31691 b
1
pursuant to the guidelines for access and dissemination of
2
information approved by the Supreme Court.
3

(r) Performing a marriage. There shall be a $10 fee for
4
performing a marriage in court.
5

(s) Voluntary assignment. For filing each deed of
6
voluntary assignment, the clerk shall collect a fee not to
7
exceed $20. For recording a deed of voluntary assignment, the
8
clerk shall collect a fee not to exceed 50 cents for each 100
9
words. Exceptions filed to claims presented to an assignee of
10
a debtor who has made a voluntary assignment for the benefit of
11
creditors shall be considered and treated, for the purpose of
12
taxing costs therein, as actions in which the party or parties
13
filing the exceptions shall be considered as party or parties
14
plaintiff, and the claimant or claimants as party or parties
15
defendant, and those parties respectively shall pay to the
16
clerk the same fees as provided by this Section to be paid in
17
other actions.
18

(t) Expungement petition. Except as provided in Sections
19
1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may
20
collect a fee not to exceed $60 for each expungement petition
21
filed and an additional fee not to exceed $4 for each certified
22
copy of an order to expunge arrest records.
23

(u) Transcripts of judgment. For the filing of a
24
transcript of judgment, the clerk may collect the same fee as
25
if it were the commencement of a new suit.
26

(v) Probate filings.

HB5277
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LRB104 18252 JRC 31691 b
1

(1) For each account (other than one final account)
2

filed in the estate of a decedent
, or ward,
the fee shall
3

not exceed $25.
No fee may be charged for accounts filed
4

for guardianships established for minors pursuant to
5

Article XI of the Probate Act of 1975 or for disabled
6

adults under Article XIa of the Probate Act of 1975.

7

(2) For filing a claim in an estate when the amount
8

claimed is greater than $150 and not more than $500, the
9

fee shall not exceed $40 in a county with a population of
10

3,000,000 or more and shall not exceed $25 in any other
11

county; when the amount claimed is greater than $500 and
12

not more than $10,000, the fee shall not exceed $55 in a
13

county with a population of 3,000,000 or more and shall
14

not exceed $40 in any other county; and when the amount
15

claimed is more than $10,000, the fee shall not exceed $75
16

in a county with a population of 3,000,000 or more and
17

shall not exceed $60 in any other county; except the court
18

in allowing a claim may add to the amount allowed the
19

filing fee paid by the claimant.
20

(3) For filing in an estate a claim, petition, or
21

supplemental proceeding based upon an action seeking
22

equitable relief including the construction or contest of
23

a will, enforcement of a contract to make a will, and
24

proceedings involving testamentary trusts or the
25

appointment of testamentary trustees, the fee shall not
26

exceed $60.

HB5277
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LRB104 18252 JRC 31691 b
1

(4) There shall be no fee for filing in an estate: (i)
2

the appearance of any person for the purpose of consent;
3

or (ii) the appearance of an executor, administrator,
4

administrator to collect, guardian, guardian ad litem, or
5

special administrator.
6

(5) For each jury demand, the fee shall not exceed
7

$137.50.
8

(6) For each certified copy of letters of office, of
9

court order, or other certification, the fee shall not
10

exceed $2 per page.
11

(7) For each exemplification, the fee shall not exceed
12

$2, plus the fee for certification.
13

(8) The executor, administrator, guardian, petitioner,
14

or other interested person or his or her attorney shall
15

pay the cost of publication by the clerk directly to the
16

newspaper.
17

(9) The person on whose behalf a charge is incurred
18

for witness, court reporter, appraiser, or other
19

miscellaneous fees shall pay the same directly to the
20

person entitled thereto.
21

(10) The executor, administrator, guardian,
22

petitioner, or other interested person or his or her
23

attorney shall pay to the clerk all postage charges
24

incurred by the clerk in mailing petitions, orders,
25

notices, or other documents pursuant to the provisions of
26

the Probate Act of 1975.

HB5277
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LRB104 18252 JRC 31691 b
1

(w) Corrections of numbers. For correction of the case
2
number, case title, or attorney computer identification
3
number, if required by rule of court, on any document filed in
4
the clerk's office, to be charged against the party that filed
5
the document, the fee shall not exceed $25.
6

(x) Miscellaneous.
7

(1) Interest earned on any fees collected by the clerk
8

shall be turned over to the county general fund as an
9

earning of the office.
10

(2) For any check, draft, or other bank instrument
11

returned to the clerk for non-sufficient funds, account
12

closed, or payment stopped, the clerk shall collect a fee
13

of $25.
14

(y) Other fees. Any fees not covered in this Section shall
15
be set by rule or administrative order of the circuit court
16
with the approval of the Administrative Office of the Illinois
17
Courts. The clerk of the circuit court may provide services in
18
connection with the operation of the clerk's office, other
19
than those services mentioned in this Section, as may be
20
requested by the public and agreed to by the clerk and approved
21
by the Chief Judge. Any charges for additional services shall
22
be as agreed to between the clerk and the party making the
23
request and approved by the Chief Judge. Nothing in this
24
subsection shall be construed to require any clerk to provide
25
any service not otherwise required by law.
26

(y-5) Unpaid fees. Unless a court ordered payment schedule

HB5277
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LRB104 18252 JRC 31691 b
1
is implemented or the fee requirements of this Section are
2
waived under a court order, the clerk of the circuit court may
3
add to any unpaid fees and costs under this Section a
4
delinquency amount equal to 5% of the unpaid fees that remain
5
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
6
after 60 days, and 15% of the unpaid fees that remain unpaid
7
after 90 days. Notice to those parties may be made by signage
8
posting or publication. The additional delinquency amounts
9
collected under this Section shall be deposited into the
10
Circuit Court Clerk Operations and Administration Fund and
11
used to defray additional administrative costs incurred by the
12
clerk of the circuit court in collecting unpaid fees and
13
costs.
14

(z) Exceptions.
15

(1) No fee authorized by this Section shall apply to:
16

(A) police departments or other law enforcement
17

agencies. In this Section, "law enforcement agency"
18

means: an agency of the State or agency of a unit of
19

local government which is vested by law or ordinance
20

with the duty to maintain public order and to enforce
21

criminal laws or ordinances; the Attorney General; or
22

any State's Attorney;
23

(A-5) any unit of local government or school
24

district, except in counties having a population of
25

500,000 or more the county board may by resolution set
26

fees for units of local government or school districts

HB5277
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LRB104 18252 JRC 31691 b
1

no greater than the minimum fees applicable in
2

counties with a population less than 3,000,000;
3

provided however, no fee may be charged to any unit of
4

local government or school district in connection with
5

any action which, in whole or in part, is: (i) to
6

enforce an ordinance; (ii) to collect a debt; or (iii)
7

under the Administrative Review Law;
8

(B) any action instituted by the corporate
9

authority of a municipality with more than 1,000,000
10

inhabitants under Section 11-31-1 of the Illinois
11

Municipal Code and any action instituted under
12

subsection (b) of Section 11-31-1 of the Illinois
13

Municipal Code by a private owner or tenant of real
14

property within 1,200 feet of a dangerous or unsafe
15

building seeking an order compelling the owner or
16

owners of the building to take any of the actions
17

authorized under that subsection;
18

(C) any commitment
petition, petition for
19

discharge
petition
,
or petition for an order
20

authorizing the administration of psychotropic
21

medication or electroconvulsive therapy under the
22

Mental Health and Developmental Disabilities Code;
23

(D) a petitioner in any order of protection
24

proceeding, including, but not limited to, fees for
25

filing, modifying, withdrawing, certifying, or
26

photocopying petitions for orders of protection,

HB5277
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LRB104 18252 JRC 31691 b
1

issuing alias summons, any related filing service, or
2

certifying, modifying, vacating, or photocopying any
3

orders of protection;
4

(E) proceedings for the appointment of a
5

confidential intermediary under the Adoption Act;
6

(F) a minor subject to Article III, IV, or V of the
7

Juvenile Court Act of 1987, or the minor's parent,
8

guardian, or legal custodian; or
9

(G) a minor under the age of 18 transferred to
10

adult court or excluded from juvenile court
11

jurisdiction under Article V of the Juvenile Court Act
12

of 1987, or the minor's parent, guardian, or legal
13

custodian.
14

(2) No fee other than the filing fee contained in the
15

applicable schedule in subsection (a) shall be charged to
16

any person in connection with an adoption proceeding.
17

(3) Upon good cause shown, the court may waive any
18

fees associated with a special needs adoption. The term
19

"special needs adoption" has the meaning provided by the
20

Illinois Department of Children and Family Services.
21

(4) No fee may be charged for the filing of an
22

appearance by any defendant in a small claim proceeding.
23

As used in this Section, "small claim" means a proceeding
24

as defined in Supreme Court Rule 281.
25
(Source: P.A. 103-4, eff. 5-31-23; 103-379, eff. 7-28-23;
26
103-605, eff. 7-1-24; 104-120, eff. 1-1-26
.)

HB5277
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LRB104 18252 JRC 31691 b
1

(705 ILCS 105/27.3f rep.)
2

Section 15.
The Clerks of Courts Act is amended by
3
repealing Section 27.3f.

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