HB0339ham001 94TH GENERAL ASSEMBLY

Local Government Committee

Adopted in House Comm. on Feb 02, 2005

09400HB0339ham001 LRB094 06829 WGH 39316 a

AMENDMENT TO HOUSE BILL 339

AMENDMENT NO. ______. Amend House Bill 339 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by changing Section 4-11001 as follows:

(55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)

Sec. 4-11001. Juror fees. Each county shall pay to grand and petit jurors for their services in attending courts the sum of $25 $4 for each day of necessary attendance at such courts as jurors in counties of the first class, the sum of $30 $5 for each day in counties of the second class, and the sum of $40 $10 for each day in counties of the third class, or such higher amount as may be fixed by the county board.

In addition, jurors shall receive such travel expense as may be determined by the county board, provided that jurors in counties of the first class and second class shall receive at least 10 cents per mile for their travel expense. Mileage shall be allowed for travel during a juror's term as well as for travel at the opening and closing of his term.

If a judge so orders, a juror shall also receive reimbursement for the actual cost of day care incurred by the juror during his or her service on a jury.

The juror fees for service, transportation, and day care shall be paid out of the County Juror Fund, unless amounts in that Fund are insufficient, in which case they shall be paid out of the county treasury.

For the purpose of funding juror fees, the clerk of court may collect a juror fund fee of no more than $10, as fixed by the county board, from each plaintiff and defendant in an action. The clerk shall deposit all of the juror fund fees collected into a special county fund, the County Juror Fund, which shall be used solely for the purpose of funding juror fees in accordance with this Section. All moneys in the Fund and all income earned on those moneys shall remain in the Fund and shall be available for appropriation by the county board from fiscal year to fiscal year for the purposes provided in this Section. The following parties are exempt from payment of juror fund fees:

(i) governmental entities;

(ii) pro se litigants;

(iii) parties to small claims actions;

(iv) parties seeking veterans' benefits or compensation for a veteran or for a veteran's family member or designee;

(v) parties to recoupment actions for government-backed educational loans or mortgages;

(vi) parties to child custody or child support cases;

(vii) parties to actions under the Illinois Domestic Violence Act of 1986;

(viii) parties granted leave to commence and prosecute or to defend an action as a poor person without the payment of costs and expenses; and

(ix) parties to any other filings designated by Supreme Court rule that involve minimal use of court resources and that are not customarily afforded the opportunity for a trial by jury.

In a class action, the court shall determine the amount of the fee, if any, to be charged to each plaintiff and defendant as equity requires.

The clerk of the court shall furnish to each juror without fee whenever he is discharged a certificate of the number of days' attendance at court, and upon presentation thereof to the county treasurer, he shall pay to the juror the sum provided for his service.

(Source: P.A. 91-321, eff. 1-1-00.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.".