ILCS » Chapter 55 · Act 82
Illinois Compiled Statutes

55 ILCS 82/15 (2026)

Fund; fee; administration

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(55 ILCS 82/15)
    Sec. 15. Fund; fee; administration.
    (a) In any county, a neutral site custody exchange fund may be established by the passage of an ordinance by the county board.
    (b) In each county in which a county board has enacted an ordinance authorizing a neutral site custody exchange fund to be established, the county board shall set a fee to be collected by the clerk of the circuit court on all civil case filings of not less than $1 nor more than $8 to be paid by the plaintiff at the time of the filing of the case and by the defendant at the time of filing an appearance. The county board shall review the amount of the fee on an annual basis and shall increase the amount of the fee, not to exceed the $8 maximum, if the demand for neutral site custody exchanges requires additional funding.
    (c) In each county in which a county board has enacted an ordinance authorizing a neutral site custody exchange fund to be established, the clerk of the circuit court shall charge and collect a neutral site custody exchange fund fee as established by the county ordinance. The fee shall be paid by the parties to the action at the time of filing the first pleading in all civil cases. The fees shall not be charged in any proceeding commenced by or on behalf of a unit of local government.
    The fees shall be in addition to all other fees and charges of the clerk, shall be assessable as costs, shall be remitted by the clerk monthly to the county treasurer, and shall be deposited monthly by the county treasurer in the neutral site custody exchange fund established under this Section. Each such clerk shall commence the charging and collection of the fee upon receipt of written notice from the county board that a neutral site custody exchange fund has been established.
(Source: P.A. 93-746, eff. 7-15-04.)

    
Notes of Decisions
Cited in 3 cases, 2013–2014 · leading case: Lipe v. O'Connor, 2014 IL App (3d) 130345.
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Lipe v. O'Connor, 2014 IL App (3d) 130345. “55 ILCS 82/15 (West 2012). The Act requires that any fees collected but not disbursed for the neutral site be used for “the administration of justice in the county.”
Smith-Silk v. Prenzler, 2013 IL App (5th) 120546. “The fees shall be in addition to all other fees and charges of the clerk, shall be assessable as costs, shall be remitted by the clerk monthly to the county treasurer, and shall be deposited monthly by the county treasurer in the neutral site custody exchange fund established…”
Smith-Silk v. Prenzler, 2013 IL App (5th) 120546. “The fees shall be in addition to all other fees and charges of the clerk, shall be assessable as costs, shall be remitted by the clerk monthly to the county treasurer, and shall be deposited monthly by the county treasurer in the neutral site custody exchange fund established…”
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