94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1443


 
Introduced 2/23/2005, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		














705 ILCS 105/27.3a
  from Ch. 25, par. 27.3a







    Amends the Clerks of Courts Act. Raises the court automation fee maximum to $15 (from $5).
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 









SB1443

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    AN ACT concerning courts.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Clerks of Courts Act is amended  by changing 
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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. 

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    1. The expense of establishing and maintaining automated 
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record
keeping systems in the offices of the clerks of the 
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circuit court shall
be borne by the county.  To defray such 
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expense in any county having
established such an automated 
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system or which elects to establish such a
system, the county 
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board may require the clerk of the circuit court in
their 
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county to charge and collect a court automation fee of not less 
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than
$1 nor more than $15
$5 to be charged and collected by the 
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clerk of the court.
Such fee shall be paid at the time of 
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filing the first pleading, paper or
other appearance filed by 
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each party in all civil cases or by the defendant
in any 
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felony, traffic, misdemeanor, municipal ordinance, or 
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conservation
case upon a judgment of guilty or grant of 
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supervision, provided that
the record keeping system which 
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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 
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board, and provided further that no additional fee
shall be 
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required if more than one party is presented in a single 
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pleading,
paper or other appearance.  Such fee shall be 
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collected in the manner in
which all other fees or costs are 
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collected.

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    2. Each clerk shall commence such charges and collections 
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upon receipt
of written notice from the chairman of the county 
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board together with a
certified copy of the board's resolution, 
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which the clerk shall file of
record in his office.

 


 






SB1443
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    3. Such fees shall be in addition to all other fees and 
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charges of such
clerks, and assessable as costs, and may be 
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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 
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by such clerk to the county treasurer, to be
retained by him in 
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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 
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shall make
expenditure from the fund in payment of any cost 
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related to the automation
of court records, including hardware, 
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software, research and development
costs and personnel related 
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thereto, provided that the expenditure is
approved by the clerk 
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of the court and by the chief judge of the circuit
court or his 
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designate.

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    4. Such fees shall not be charged in any matter coming to 
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any such clerk
on change of venue, nor in any proceeding to 
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review the decision of any
administrative officer, agency or 
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body.

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(Source: P.A. 87-669; 87-670; 87-671; 87-838; 87-1230.)