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investment of moneys in the Fund shall be retained in the Fund |
for the uses specified in this Section. |
(e) The Conservation Police Operations Assistance Fund |
shall not be subject to administrative chargebacks.
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Section 10. The Clerks of Courts Act is amended by changing |
Section 27.3a as follows:
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(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
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Sec. 27.3a. Fees for automated record keeping and State and |
Conservation Police operations.
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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 |
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automated or has been approved for
automation by the county |
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.
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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, or local |
ordinance, or conservation case upon a judgment of guilty or |
grant of supervision. This fee shall not be paid by the |
defendant for any conservation violation listed in subsection |
1.6 of this Section. |
1.6. Starting on the effective date of this amendatory Act |
of the 97th 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 upon a judgment of guilty or grant of supervision for |
a conservation violation under the State Parks Act, the |
Recreational Trails of Illinois Act, the Illinois Explosives |
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Act, the Timber Buyers Licensing Act, the Forest Products |
Transportation Act, the Firearm Owners Identification Card |
Act, the Environmental Protection Act, the Fish and Aquatic |
Life Code, the Wildlife Code, the Cave Protection Act, the |
Illinois Exotic Weed Act, the Illinois Forestry Development |
Act, the Ginseng Harvesting Act, the Illinois Lake Management |
Program Act, the Illinois Natural Areas Preservation Act, the |
Illinois Open Land Trust Act, the Open Space Lands Acquisition |
and Development Act, the Illinois Prescribed Burning Act, the |
State Forest Act, the Water Use Act of 1983, the Illinois Youth |
and Young Adult Employment Act of 1986, the Snowmobile |
Registration and Safety Act, the Boat Registration and Safety |
Act, the Illinois Dangerous Animals Act, the Hunter and |
Fishermen Interference Prohibition Act, the Wrongful Tree |
Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, |
11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of |
the Illinois Vehicle Code. |
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.
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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 |
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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 |
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.
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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.
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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 fee imposed under |
subsection 1.6 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 Conservation Police Operations |
Assistance Fund. |
(Source: P.A. 96-1029, eff. 7-13-10.)
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