CIRCUIT COURTS ACT-TECH
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HB 5130 — CIRCUIT COURTS ACT-TECH
Last action — Public Act . . . . . . . . . 93-0760
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 05, 2004. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Circuit Courts Act. Makes a technical change in a Section concerning court business.
Bill Text
What changed in the latest version
31 added · 31 removedPlain-language change summary
The recent amendment to HB 5130 introduces specific fee structures for clerks of the circuit courts in counties with populations between 500,000 and 3 million, establishing a minimum fee of $150 for initiating civil actions. Additionally, it clarifies that these minimum fees apply to local governments and school districts in larger counties. This change matters because it standardizes fees across various jurisdictions, ensuring that costs are predictable and equitable for those involved in legal proceedings.
HB5130 EngrossedEnrolled LRB093 20148 LCB 45893 b AN ACT concerning fees.
(D) When that amount exceeds $2500 but does not HB5130 EngrossedEnrolled - 2 - LRB093 20148 LCB 45893 b exceed $5,000, a minimum of $75 and a maximum of $100.
In a confession of judgment when the amount does not HB5130 EngrossedEnrolled - 3 - LRB093 20148 LCB 45893 b exceed $1500, a minimum of $50 and a maximum of $60.
(2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or HB5130 EngrossedEnrolled - 4 - LRB093 20148 LCB 45893 b to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, a minimum of $60 and a maximum of $75.
HB5130 EngrossedEnrolled - 5 - LRB093 20148 LCB 45893 b In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number.
Any fees not covered in this Section shall be set by HB5130 EngrossedEnrolled - 6 - LRB093 20148 LCB 45893 b rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts.
Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties HB5130 EngrossedEnrolled - 7 - LRB093 20148 LCB 45893 b respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions.
(B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, HB5130 EngrossedEnrolled - 8 - LRB093 20148 LCB 45893 b including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $10 and a maximum of $20.
(G) For disposition of the collection of a judgment HB5130 EngrossedEnrolled - 9 - LRB093 20148 LCB 45893 b or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20.
(B) Misdemeanor complaints, a minimum of $50 and a HB5130 EngrossedEnrolled - 10 - LRB093 20148 LCB 45893 b maximum of $75.
HB5130 EngrossedEnrolled - 11 - LRB093 20148 LCB 45893 b (x) Transcripts of Judgment.
(4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making HB5130 EngrossedEnrolled - 12 - LRB093 20148 LCB 45893 b payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court.
The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private HB5130 EngrossedEnrolled - 13 - LRB093 20148 LCB 45893 b owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection.
HB5130 EngrossedEnrolled - 14 - LRB093 20148 LCB 45893 b (Source:
(G) For the final determination of parking, standing, and compliance violations and final administrative decisions issued after hearings HB5130 EngrossedEnrolled - 15 - LRB093 20148 LCB 45893 b regarding vehicle immobilization and impoundment made pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of the Illinois Vehicle Code, $25.
When the amount exceeds HB5130 EngrossedEnrolled - 16 - LRB093 20148 LCB 45893 b $15,000, a minimum of $250 and a maximum of $310.
HB5130 EngrossedEnrolled - 17 - LRB093 20148 LCB 45893 b (h) Mailing.
The Clerk shall not charge any new or additional fee for the HB5130 EngrossedEnrolled - 18 - LRB093 20148 LCB 45893 b reinstatement.
The clerk of the circuit court may provide additional services for which there is no fee specified by statute in HB5130 EngrossedEnrolled - 19 - LRB093 20148 LCB 45893 b connection with the operation of the clerk’s office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court.
The clerk shall be entitled to receive a fee of a minimum of $60 and a maximum of $120 for each expungement HB5130 EngrossedEnrolled - 20 - LRB093 20148 LCB 45893 b petition filed and an additional fee of a minimum of $4 and a maximum of $8 for each certified copy of an order to expunge arrest records.
(3) In addition to the fees payable under subsection HB5130 EngrossedEnrolled - 21 - LRB093 20148 LCB 45893 b (v)(1) or (v)(2) of this Section, the following fees are payable:
(G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $50 and a maximum of $80, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except HB5130 EngrossedEnrolled - 22 - LRB093 20148 LCB 45893 b that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a maximum of $40.
HB5130 EngrossedEnrolled - 23 - LRB093 20148 LCB 45893 b (F) When court appearance required, $50.
(1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it HB5130 EngrossedEnrolled - 24 - LRB093 20148 LCB 45893 b were the commencement of a new suit.
This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child HB5130 EngrossedEnrolled - 25 - LRB093 20148 LCB 45893 b Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court.
HB5130 EngrossedEnrolled - 26 - LRB093 20148 LCB 45893 b (3) The fee requirements of this Section shall not apply to the filing of any commitment petition or petition for an order authorizing the administration of authorized involuntary treatment in the form of medication under the Mental Health and Developmental Disabilities Code.
27.3b) HB5130 EngrossedEnrolled - 27 - LRB093 20148 LCB 45893 b Sec.
(a) The person for whom bail has been set shall execute the bail bond and deposit with the clerk of the court before which the proceeding is pending a sum of money equal to 10% of the HB5130 EngrossedEnrolled - 28 - LRB093 20148 LCB 45893 b bail, but in no event shall such deposit be less than $25.
(d) After conviction the court may order that the original bail stand as bail pending appeal or deny, increase or reduce HB5130 EngrossedEnrolled - 29 - LRB093 20148 LCB 45893 b bail subject to the provisions of Section 110-6.2.
At the request of the defendant the court may order such 90% of defendant’s bail deposit, or whatever amount is HB5130 EngrossedEnrolled - 30 - LRB093 20148 LCB 45893 b repayable to defendant from such deposit, to be paid to defendant’s attorney of record.
HB5130 EngrossedEnrolled - 31 - LRB093 20148 LCB 45893 b (h) After a judgment for a fine and court costs or either is entered in the prosecution of a cause in which a deposit had been made in accordance with paragraph (a) the balance of such deposit, after deduction of bail bond costs, shall be applied to the payment of the judgment.
Action History
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Public Act . . . . . . . . . 93-0760
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Effective Date January 1, 2005
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 054-000-001
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Added as Alternate Chief Co-Sponsor Sen. Dave Sullivan
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Added Co-Sponsor Rep. Richard T. Bradley
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Placed on Calendar Order of 3rd Reading April 29, 2004
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Second Reading
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Placed on Calendar Order of 2nd Reading April 28, 2004
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Do Pass Judiciary; 010-000-000
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Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
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Assigned to Judiciary
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Referred to Rules
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First Reading
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Chief Senate Sponsor Sen. Ira I. Silverstein
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Placed on Calendar Order of First Reading April 20, 2004
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Arrive in Senate
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Added Co-Sponsor Rep. Edward J. Acevedo
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Added Co-Sponsor Rep. John E. Bradley
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Added Co-Sponsor Rep. William Delgado
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Added Co-Sponsor Rep. Kenneth Dunkin
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Added Co-Sponsor Rep. Daniel J. Burke
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Third Reading - Short Debate - Passed 114-000-002
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Added Chief Co-Sponsor Rep. Karen A. Yarbrough
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Added Chief Co-Sponsor Rep. Cynthia Soto
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Added Chief Co-Sponsor Rep. Calvin L. Giles
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Added Chief Co-Sponsor Rep. Marlow H. Colvin
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted by Voice Vote
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House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Arthur L. Turner
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Held on Calendar Order of Second Reading - Standard Debate
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Recalled to Second Reading - Short Debate
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Fiscal Note Filed
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
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House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
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Assigned to Judiciary I - Civil Law Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Arthur L. Turner
Sponsors
- Arthur L. Turner · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Arthur L. Turner
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 0 | 0 | 5 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 7 | 0 | 0 | 0 |
| Total | 54 | 0 | 0 | 5 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Shadid | — | Not Voting |
| Soden | — | Not Voting |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Halvorson | — | Yea |
| Obama | — | Yea |
| Meeks | — | Yea |
| Peterson | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Munoz | — | Yea |
| Trotter | — | Yea |
| Brady | — | Yea |
| Sullivan, D. | — | Yea |
| Sullivan, J. | — | Yea |
| Petka | — | Yea |
| Clayborne | — | Yea |
| Geo-Karis | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Jacobs | — | Yea |
| Lauzen | — | Yea |
| Jones, J. | — | Yea |
| Jones, W. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Demuzio | — | Yea |
| Link | — | Not Voting |
| Luechtefeld | — | Yea |
| Schoenberg | — | Yea |
| Viverito | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Not Voting |
| Forby | — | Yea |
| Garrett | — | Yea |
| Radogno | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Not Voting |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 102 | 0 | 0 | 4 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 114 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Slone | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Kurtz | — | Yea |
| Leitch | — | Yea |
| Madigan | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Capparelli | — | Yea |
| Colvin | — | Yea |
| McAuliffe | — | Yea |
| Coulson | — | Yea |
| Molaro | — | Yea |
| Holbrook | — | Yea |
| Hultgren | — | Yea |
| Jefferson | — | Yea |
| Osterman | — | Yea |
| Lang | — | Yea |
| Parke | — | Yea |
| Phelps | — | Yea |
| Dugan | — | Yea |
| Lindner | — | Yea |
| Bailey | — | Yea |
| Mathias | — | Yea |
| Lyons, Eileen | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Millner | — | Yea |
| Moffitt | — | Yea |
| Morrow | — | Yea |
| Scully | — | Yea |
| Tenhouse | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Brady | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Hannig | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Churchill | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Grunloh | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Howard | — | Yea |
| Krause | — | Yea |
| Watson | — | Yea |
| Jones | — | Yea |
| Mulligan | — | Yea |
| Munson | — | Yea |
| Davis, Steve | — | Yea |
| Myers | — | Yea |
| Davis, Monique | — | Not Voting |
| Bradley, Richard | — | Not Voting |
| Nekritz | — | Yea |
| Osmond | — | Yea |
| Pankau | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Cross | — | Yea |
| Cultra | — | Not Voting |
| Currie | — | Yea |
| Daniels | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Pihos | — | Not Voting |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 5130 do?
- Amends the Circuit Courts Act. Makes a technical change in a Section concerning court business.
- Who sponsors HB 5130?
- HB 5130 is sponsored by Arthur L. Turner.
- What is the current status of HB 5130?
- This bill has been enacted into law. Introduced February 05, 2004. Enacted.
- Where can I track HB 5130?
- Track HB 5130 free on One Click Politics — get push/email alerts when it moves.
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