HB0339ham004 94TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 2/22/2005

09400HB0339ham004 LRB094 06829 RCE 41933 a

AMENDMENT TO HOUSE BILL 339

AMENDMENT NO. ______. Amend House Bill 339, AS AMENDED, 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 $4 until a juror fund fee is imposed and $25 thereafter for each day of necessary attendance at such courts as jurors in counties of the first class, the sum of $5 until a juror fund fee is imposed and $30 thereafter for each day in counties of the second class, and the sum of $10 until a juror fund fee is imposed and $40 thereafter 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 treasury until a juror fund fee is imposed and out of the County Juror Fund thereafter.

For the purposes of funding juror fees, the clerk of court shall collect a juror fund fee, as fixed by the county board, from each plaintiff and defendant in an action. Within 180 days after the effective date of this amendatory Act of the 94th General Assembly, the county board must conduct an acceptable cost study and set and impose an initial juror fund fee justified by that cost study as sufficient to pay the increased amount of the juror fees as provided in this amendatory Act of the 94th General Assembly. The county board may thereafter adjust the amount of the juror fund fee, but any increase must be justified by an acceptable cost study showing that the then current fee is not sufficient to cover the costs of juror fees.

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. Within 10 business days after the juror fund fee is initially imposed, and each month thereafter, the county treasurer must transfer one-twelfth of the base amount from the county treasury into the Fund. The "base amount" is the total amount of all juror fees paid from the county treasury during the 12-month period immediately preceding the month in which the juror fund fee is initially imposed. 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 the juror he is discharged a certificate of the number of days' attendance at court, and upon presentation thereof to the county treasurer, the county treasurer he shall pay to the juror the sum provided for the juror's his service.

All counties, including home rule units, must comply with the requirements of this Section. Juror fees may not be set, administered, or paid in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(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.".