Bill Text: IL HB3346 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the State Finance Act. Creates the Illinois Law Enforcement Alarm Systems Fund in the State treasury for use for support in law enforcement, airborne, and terrorism operations. Amends the Clerks of Courts Act. Increases the fee that the county board may authorize the circuit clerk to collect for automated record keeping to not less than $10 (rather than $1) and not more than $15. Provides that the additional fee paid by a defendant in any felony, traffic, misdemeanor, local ordinance, or conservation case upon a judgment of guilty or grant of supervision shall be deposited into the Illinois Law Enforcement Alarm Systems Fund rather than the State Police Operations Assistance Fund. Provides that $5 of the fine shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds as provided by law. Provides that the remainder of each additional fine shall be remitted by the Circuit Court Clerk within one month after receipt to the State Treasurer for deposit into the Illinois Law Enforcement Alarm Systems Fund in the State treasury and, pursuant to appropriation, transferred to the Illinois Law Enforcement Alarm Systems Fund quarterly by the State Treasurer. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-08-19 - Public Act . . . . . . . . . 97-0453 [HB3346 Detail]

Download: Illinois-2011-HB3346-Enrolled.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Sections 5.786 and 6z-87 as follows:
(30 ILCS 105/5.786 new)
Sec. 5.786. The Illinois Law Enforcement Alarm Systems
Fund.
(30 ILCS 105/6z-87 new)
Sec. 6z-87. Illinois Law Enforcement Alarm Systems Fund.
(a) There is created in the State treasury a special fund
known as the Illinois Law Enforcement Alarm Systems (ILEAS)
Fund. The Fund may also receive revenue from grants, donations,
appropriations, and any other legal source.
(b) Moneys in the Fund may be used to finance support for
law enforcement, airborne, and terrorism operations as
approved by the ILEAS Executive Board with 33.3% of the revenue
used for air support programs.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund

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for the uses specified in this Section.
(e) The Illinois Law Enforcement Alarm Systems Fund shall
not be subject to administrative chargebacks.
Section 10. The Clerks of Courts Act is amended by changing
Section 27.3a as follows:
(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
Sec. 27.3a. Fees for automated record keeping and State
Police operations.
1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $15 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county

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board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
1.5. Starting on the effective date of this amendatory Act
of the 96th General Assembly, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section. This additional fee shall be paid
by the defendant in any felony, traffic, misdemeanor, local
ordinance, or conservation case upon a judgment of guilty or
grant of supervision.
2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The

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fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security

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initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
(Source: P.A. 96-1029, eff. 7-13-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.