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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2327 Introduced , by Rep. Al Riley SYNOPSIS AS INTRODUCED: |
| 705 ILCS 105/27.3a | |
705 ILCS 105/27.3c | from Ch. 25, par. 27.3c |
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Amends the Clerks of Courts Act. Authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a court document fee of up to $25 (instead of $15).
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Clerks of Courts Act is amended by changing |
5 | | Sections 27.3a and 27.3c as follows:
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6 | | (705 ILCS 105/27.3a)
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7 | | Sec. 27.3a. Fees for automated record keeping, probation |
8 | | and court services operations, and State and Conservation |
9 | | Police operations.
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10 | | 1. The expense of establishing and maintaining automated |
11 | | record
keeping systems in the offices of the clerks of the |
12 | | circuit court shall
be borne by the county. To defray such |
13 | | 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 $25 $15 to be charged and collected by |
18 | | the 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 | | 1.1. Starting on July 6, 2012 (the effective date of Public |
9 | | Act 97-761) and pursuant to an administrative order from the |
10 | | chief judge of the circuit or the presiding judge of the county |
11 | | authorizing such collection, a clerk of the circuit court in |
12 | | any county that imposes a fee pursuant to subsection 1 of this |
13 | | Section shall also charge and collect an additional $10 |
14 | | operations fee for probation and court services department |
15 | | operations. |
16 | | This additional fee shall be paid by the defendant in any |
17 | | felony, traffic, misdemeanor, local ordinance, or conservation |
18 | | case upon a judgment of guilty or grant of supervision, except |
19 | | such $10 operations fee shall not be charged and collected in |
20 | | cases governed by Supreme Court Rule 529 in which the bail |
21 | | amount is $120 or less. |
22 | | 1.2. With respect to the fee imposed and collected under |
23 | | subsection 1.1 of this Section, each clerk shall transfer all |
24 | | fees monthly to the county treasurer for deposit into the |
25 | | probation and court services fund created under Section 15.1 of |
26 | | the Probation and Probation Officers Act, and such monies shall |
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1 | | be disbursed from the fund only at the direction of the chief |
2 | | judge of the circuit or another judge designated by the Chief |
3 | | Circuit Judge in accordance with the policies and guidelines |
4 | | approved by the Supreme Court. |
5 | | 1.5. Starting on the effective date of this amendatory Act |
6 | | of the 96th General Assembly, a clerk of the circuit court in |
7 | | any county that imposes a fee pursuant to subsection 1 of this |
8 | | Section, shall charge and collect an additional fee in an |
9 | | amount equal to the amount of the fee imposed pursuant to |
10 | | subsection 1 of this Section. This additional fee shall be paid |
11 | | by the defendant in any felony, traffic, misdemeanor, or local |
12 | | ordinance case upon a judgment of guilty or grant of |
13 | | supervision. This fee shall not be paid by the defendant for |
14 | | any conservation violation listed in subsection 1.6 of this |
15 | | Section. |
16 | | 1.6. Starting on July 1, 2012 (the effective date of Public |
17 | | Act 97-46), a clerk of the circuit court in any county that |
18 | | imposes a fee pursuant to subsection 1 of this Section shall |
19 | | charge and collect an additional fee in an amount equal to the |
20 | | amount of the fee imposed pursuant to subsection 1 of this |
21 | | Section. This additional fee shall be paid by the defendant |
22 | | upon a judgment of guilty or grant of supervision for a |
23 | | conservation violation under the State Parks Act, the |
24 | | Recreational Trails of Illinois Act, the Illinois Explosives |
25 | | Act, the Timber Buyers Licensing Act, the Forest Products |
26 | | Transportation Act, the Firearm Owners Identification Card |
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1 | | Act, the Environmental Protection Act, the Fish and Aquatic |
2 | | Life Code, the Wildlife Code, the Cave Protection Act, the |
3 | | Illinois Exotic Weed Act, the Illinois Forestry Development |
4 | | Act, the Ginseng Harvesting Act, the Illinois Lake Management |
5 | | Program Act, the Illinois Natural Areas Preservation Act, the |
6 | | Illinois Open Land Trust Act, the Open Space Lands Acquisition |
7 | | and Development Act, the Illinois Prescribed Burning Act, the |
8 | | State Forest Act, the Water Use Act of 1983, the Illinois |
9 | | Veteran, Youth, and Young Adult Conservation Jobs Act, the |
10 | | Snowmobile Registration and Safety Act, the Boat Registration |
11 | | and Safety Act, the Illinois Dangerous Animals Act, the Hunter |
12 | | and Fishermen Interference Prohibition Act, the Wrongful Tree |
13 | | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, |
14 | | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of |
15 | | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the |
16 | | Criminal Code of 2012. |
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 | | 7. With respect to the additional fee imposed under |
8 | | subsection 1.6 of this Section, the fee shall be remitted by |
9 | | the circuit clerk to the State Treasurer within one month after |
10 | | receipt for deposit into the Conservation Police Operations |
11 | | Assistance Fund. |
12 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; |
13 | | 97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; |
14 | | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1150, eff. |
15 | | 1-25-13.)
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16 | | (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
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17 | | Sec. 27.3c. Document storage system.
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18 | | (a) The expense of establishing and maintaining a document |
19 | | storage
system in the offices of the circuit court clerks in |
20 | | the several counties
of this State shall be borne by the |
21 | | county. To defray the expense in any
county that elects to |
22 | | establish a document storage system and convert the
records of |
23 | | the circuit court clerk to electronic or micrographic storage,
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24 | | the county board may require the clerk of the circuit court in |
25 | | its county
to collect a court document fee of not less than $1 |
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1 | | nor more than $25 $15 , to
be charged and collected by the clerk |
2 | | of the court. The fee shall be paid
at the time of filing the |
3 | | first pleading, paper, or other appearance filed
by each party |
4 | | in all civil cases or by the defendant in any felony,
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5 | | misdemeanor, traffic, ordinance, or conservation matter on a |
6 | | judgment of
guilty or grant of supervision, provided that the |
7 | | document storage system
is in place or has been authorized by |
8 | | the county board and further that no
additional fee shall be |
9 | | required if more than one party is presented in a
single |
10 | | pleading, paper, or other appearance. The fee shall
be |
11 | | collected in the manner in which all other fees or costs are
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12 | | collected.
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13 | | (b) Each clerk shall commence charges and collections of a |
14 | | court
document fee upon receipt of written notice from the |
15 | | chairman of
the county board together with a certified copy of |
16 | | the board's resolution,
which the clerk shall file of record in |
17 | | his or her office.
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18 | | (c) Court document fees shall be in addition to other fees |
19 | | and charges
of the clerk, shall be assessable as costs, and may |
20 | | be waived only if the
judge specifically provides for the |
21 | | waiver of the court document storage
fee. The fees shall be |
22 | | remitted monthly
by the clerk to the county treasurer, to be |
23 | | retained by the treasurer in a
special fund designated as the |
24 | | Court Document Storage Fund. The fund shall
be audited by the |
25 | | county auditor, and the board shall make expenditures
from the |
26 | | fund in payment of any costs relative to the storage of court |
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1 | | records,
including hardware, software, research and |
2 | | development costs, and related
personnel, provided that the |
3 | | expenditure is approved by the clerk of the
circuit court.
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4 | | (d) A court document fee shall not be charged in any matter |
5 | | coming to
the clerk on change of venue or in any proceeding to |
6 | | review the
decision of any administrative officer, agency, or |
7 | | body.
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8 | | (Source: P.A. 94-596, eff. 1-1-06.)
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