Bill Text: IL HB5238 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Clerks of Courts Act. Makes a technical change in a Section concerning fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5238 Detail]
Download: Illinois-2011-HB5238-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | |||||||||||||||||||
5 | Section 27.3a as follows:
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6 | (705 ILCS 105/27.3a)
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7 | (Text of Section before amendment by P.A. 97-46 ) | |||||||||||||||||||
8 | Sec. 27.3a. Fees for automated record keeping and State | |||||||||||||||||||
9 | Police operations.
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10 | 1. The The expense of establishing and maintaining | |||||||||||||||||||
11 | automated record
keeping systems in the offices of the clerks | |||||||||||||||||||
12 | of the circuit court shall
be borne by the county. To defray | |||||||||||||||||||
13 | such expense in any county having
established such an automated | |||||||||||||||||||
14 | system or which elects to establish such a
system, the county | |||||||||||||||||||
15 | board may require the clerk of the circuit court in
their | |||||||||||||||||||
16 | county to charge and collect a court automation fee of not less | |||||||||||||||||||
17 | than
$1 nor more than $15 to be charged and collected by the | |||||||||||||||||||
18 | clerk of the court.
Such fee shall be paid at the time of | |||||||||||||||||||
19 | filing the first pleading, paper or
other appearance filed by | |||||||||||||||||||
20 | each party in all civil cases or by the defendant
in any | |||||||||||||||||||
21 | felony, traffic, misdemeanor, municipal ordinance, or | |||||||||||||||||||
22 | conservation
case upon a judgment of guilty or grant of | |||||||||||||||||||
23 | supervision, provided that
the record keeping system which |
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1 | processes the case
category for which the fee is charged is | ||||||
2 | automated or has been approved for
automation by the county | ||||||
3 | board, and provided further that no additional fee
shall be | ||||||
4 | required if more than one party is presented in a single | ||||||
5 | pleading,
paper or other appearance. Such fee shall be | ||||||
6 | collected in the manner in
which all other fees or costs are | ||||||
7 | collected.
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8 | 1.5. Starting on the effective date of this amendatory Act | ||||||
9 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
10 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
11 | Section, shall charge and collect an additional fee in an | ||||||
12 | amount equal to the amount of the fee imposed pursuant to | ||||||
13 | subsection 1 of this Section. This additional fee shall be paid | ||||||
14 | by the defendant in any felony, traffic, misdemeanor, local | ||||||
15 | ordinance, or conservation case upon a judgment of guilty or | ||||||
16 | grant of supervision. | ||||||
17 | 2. With respect to the fee imposed under subsection 1 of | ||||||
18 | this Section, each clerk shall commence such charges and | ||||||
19 | collections upon receipt
of written notice from the chairman of | ||||||
20 | the county board together with a
certified copy of the board's | ||||||
21 | resolution, which the clerk shall file of
record in his office.
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22 | 3. With respect to the fee imposed under subsection 1 of | ||||||
23 | this Section, such fees shall be in addition to all other fees | ||||||
24 | and charges of such
clerks, and assessable as costs, and may be | ||||||
25 | waived only if the judge
specifically provides for the waiver | ||||||
26 | of the court automation fee. The
fees shall be remitted monthly |
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1 | by such clerk to the county treasurer, to be
retained by him in | ||||||
2 | a special fund designated as the court automation fund.
The | ||||||
3 | fund shall be audited by the county auditor, and the board | ||||||
4 | shall make
expenditure from the fund in payment of any cost | ||||||
5 | related to the automation
of court records, including hardware, | ||||||
6 | software, research and development
costs and personnel related | ||||||
7 | thereto, provided that the expenditure is
approved by the clerk | ||||||
8 | of the court and by the chief judge of the circuit
court or his | ||||||
9 | designate.
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10 | 4. With respect to the fee imposed under subsection 1 of | ||||||
11 | this Section, such fees shall not be charged in any matter | ||||||
12 | coming to any such clerk
on change of venue, nor in any | ||||||
13 | proceeding to review the decision of any
administrative | ||||||
14 | officer, agency or body.
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15 | 5. With respect to the additional fee imposed under | ||||||
16 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
17 | the circuit clerk to the State Treasurer within one month after | ||||||
18 | receipt for deposit into the State Police Operations Assistance | ||||||
19 | Fund. | ||||||
20 | 6. With respect to the additional fees imposed under | ||||||
21 | subsection 1.5 of this Section, the Director of State Police | ||||||
22 | may direct the use of these fees for homeland security purposes | ||||||
23 | by transferring these fees on a quarterly basis from the State | ||||||
24 | Police Operations Assistance Fund into the Illinois Law | ||||||
25 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
26 | initiatives programs. The transferred fees shall be allocated, |
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1 | subject to the approval of the ILEAS Executive Board, as | ||||||
2 | follows: (i) 66.6% shall be used for homeland security | ||||||
3 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
4 | operations. The ILEAS Executive Board shall annually supply the | ||||||
5 | Director of State Police with a report of the use of these | ||||||
6 | fees. | ||||||
7 | (Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
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8 | (Text of Section after amendment by P.A. 97-46 )
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9 | Sec. 27.3a. Fees for automated record keeping and State and | ||||||
10 | Conservation Police operations.
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11 | 1. The The expense of establishing and maintaining | ||||||
12 | automated record
keeping systems in the offices of the clerks | ||||||
13 | of the circuit court shall
be borne by the county. To defray | ||||||
14 | such expense in any county having
established such an automated | ||||||
15 | system or which elects to establish such a
system, the county | ||||||
16 | board may require the clerk of the circuit court in
their | ||||||
17 | county to charge and collect a court automation fee of not less | ||||||
18 | than
$1 nor more than $15 to be charged and collected by the | ||||||
19 | clerk of the court.
Such fee shall be paid at the time of | ||||||
20 | filing the first pleading, paper or
other appearance filed by | ||||||
21 | each party in all civil cases or by the defendant
in any | ||||||
22 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
23 | conservation
case upon a judgment of guilty or grant of | ||||||
24 | supervision, provided that
the record keeping system which | ||||||
25 | processes the case
category for which the fee is charged is |
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1 | automated or has been approved for
automation by the county | ||||||
2 | board, and provided further that no additional fee
shall be | ||||||
3 | required if more than one party is presented in a single | ||||||
4 | pleading,
paper or other appearance. Such fee shall be | ||||||
5 | collected in the manner in
which all other fees or costs are | ||||||
6 | collected.
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7 | 1.5. Starting on the effective date of this amendatory Act | ||||||
8 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
9 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
10 | Section, shall charge and collect an additional fee in an | ||||||
11 | amount equal to the amount of the fee imposed pursuant to | ||||||
12 | subsection 1 of this Section. This additional fee shall be paid | ||||||
13 | by the defendant in any felony, traffic, misdemeanor, or local | ||||||
14 | ordinance case upon a judgment of guilty or grant of | ||||||
15 | supervision. This fee shall not be paid by the defendant for | ||||||
16 | any conservation violation listed in subsection 1.6 of this | ||||||
17 | Section. | ||||||
18 | 1.6. Starting on July 1, 2012 ( the effective date of Public | ||||||
19 | Act 97-46) this amendatory Act of the 97th General Assembly , a | ||||||
20 | clerk of the circuit court in any county that imposes a fee | ||||||
21 | pursuant to subsection 1 of this Section shall charge and | ||||||
22 | collect an additional fee in an amount equal to the amount of | ||||||
23 | the fee imposed pursuant to subsection 1 of this Section. This | ||||||
24 | additional fee shall be paid by the defendant upon a judgment | ||||||
25 | of guilty or grant of supervision for a conservation violation | ||||||
26 | under the State Parks Act, the Recreational Trails of Illinois |
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1 | Act, the Illinois Explosives Act, the Timber Buyers Licensing | ||||||
2 | Act, the Forest Products Transportation Act, the Firearm Owners | ||||||
3 | Identification Card Act, the Environmental Protection Act, the | ||||||
4 | Fish and Aquatic Life Code, the Wildlife Code, the Cave | ||||||
5 | Protection Act, the Illinois Exotic Weed Act, the Illinois | ||||||
6 | Forestry Development Act, the Ginseng Harvesting Act, the | ||||||
7 | Illinois Lake Management Program Act, the Illinois Natural | ||||||
8 | Areas Preservation Act, the Illinois Open Land Trust Act, the | ||||||
9 | Open Space Lands Acquisition and Development Act, the Illinois | ||||||
10 | Prescribed Burning Act, the State Forest Act, the Water Use Act | ||||||
11 | of 1983, the Illinois Youth and Young Adult Employment Act of | ||||||
12 | 1986, the Snowmobile Registration and Safety Act, the Boat | ||||||
13 | Registration and Safety Act, the Illinois Dangerous Animals | ||||||
14 | Act, the Hunter and Fishermen Interference Prohibition Act, the | ||||||
15 | Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, | ||||||
16 | 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or | ||||||
17 | 11-1427.5 of the Illinois Vehicle Code. | ||||||
18 | 2. With respect to the fee imposed under subsection 1 of | ||||||
19 | this Section, each clerk shall commence such charges and | ||||||
20 | collections upon receipt
of written notice from the chairman of | ||||||
21 | the county board together with a
certified copy of the board's | ||||||
22 | resolution, which the clerk shall file of
record in his office.
| ||||||
23 | 3. With respect to the fee imposed under subsection 1 of | ||||||
24 | this Section, such fees shall be in addition to all other fees | ||||||
25 | and charges of such
clerks, and assessable as costs, and may be | ||||||
26 | waived only if the judge
specifically provides for the waiver |
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1 | of the court automation fee. The
fees shall be remitted monthly | ||||||
2 | by such clerk to the county treasurer, to be
retained by him in | ||||||
3 | a special fund designated as the court automation fund.
The | ||||||
4 | fund shall be audited by the county auditor, and the board | ||||||
5 | shall make
expenditure from the fund in payment of any cost | ||||||
6 | related to the automation
of court records, including hardware, | ||||||
7 | software, research and development
costs and personnel related | ||||||
8 | thereto, provided that the expenditure is
approved by the clerk | ||||||
9 | of the court and by the chief judge of the circuit
court or his | ||||||
10 | designate.
| ||||||
11 | 4. With respect to the fee imposed under subsection 1 of | ||||||
12 | this Section, such fees shall not be charged in any matter | ||||||
13 | coming to any such clerk
on change of venue, nor in any | ||||||
14 | proceeding to review the decision of any
administrative | ||||||
15 | officer, agency or body.
| ||||||
16 | 5. With respect to the additional fee imposed under | ||||||
17 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
18 | the circuit clerk to the State Treasurer within one month after | ||||||
19 | receipt for deposit into the State Police Operations Assistance | ||||||
20 | Fund. | ||||||
21 | 6. With respect to the additional fees imposed under | ||||||
22 | subsection 1.5 of this Section, the Director of State Police | ||||||
23 | may direct the use of these fees for homeland security purposes | ||||||
24 | by transferring these fees on a quarterly basis from the State | ||||||
25 | Police Operations Assistance Fund into the Illinois Law | ||||||
26 | Enforcement Alarm Systems (ILEAS) Fund for homeland security |
| |||||||
| |||||||
1 | initiatives programs. The transferred fees shall be allocated, | ||||||
2 | subject to the approval of the ILEAS Executive Board, as | ||||||
3 | follows: (i) 66.6% shall be used for homeland security | ||||||
4 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
5 | operations. The ILEAS Executive Board shall annually supply the | ||||||
6 | Director of State Police with a report of the use of these | ||||||
7 | fees. | ||||||
8 | 7. 6. With respect to the additional fee imposed under | ||||||
9 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
10 | the circuit clerk to the State Treasurer within one month after | ||||||
11 | receipt for deposit into the Conservation Police Operations | ||||||
12 | Assistance Fund. | ||||||
13 | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||||||
14 | 97-453, eff. 8-19-11; revised 10-4-11.)
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