Sen. Don Harmon
Filed: 4/15/2016
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1 | AMENDMENT TO SENATE BILL 3162
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2 | AMENDMENT NO. ______. Amend Senate Bill 3162, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Clerks of Courts Act is amended by changing | ||||||
6 | Sections 27.3a and 28 as follows:
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7 | (705 ILCS 105/27.3a)
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8 | Sec. 27.3a. Fees for automated record keeping, probation | ||||||
9 | and court services operations, and State and Conservation | ||||||
10 | Police operations , and e-business programs .
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11 | 1. The expense of establishing and maintaining automated | ||||||
12 | record
keeping systems in the offices of the clerks of the | ||||||
13 | circuit court shall
be borne by the county. To defray such | ||||||
14 | expense in any county having
established such an automated | ||||||
15 | system or which elects to establish such a
system, the county | ||||||
16 | board may require the clerk of the circuit court in
their |
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1 | county to charge and collect a court automation fee of not less | ||||||
2 | than
$1 nor more than $25 to be charged and collected by the | ||||||
3 | clerk of the court.
Such fee shall be paid at the time of | ||||||
4 | filing the first pleading, paper or
other appearance filed by | ||||||
5 | each party in all civil cases or by the defendant
in any | ||||||
6 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
7 | conservation
case upon a judgment of guilty or grant of | ||||||
8 | supervision, provided that
the record keeping system which | ||||||
9 | processes the case
category for which the fee is charged is | ||||||
10 | automated or has been approved for
automation by the county | ||||||
11 | board, and provided further that no additional fee
shall be | ||||||
12 | required if more than one party is presented in a single | ||||||
13 | pleading,
paper or other appearance. Such fee shall be | ||||||
14 | collected in the manner in
which all other fees or costs are | ||||||
15 | collected.
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16 | 1.1. Starting on July 6, 2012 (the effective date of Public | ||||||
17 | Act 97-761) and pursuant to an administrative order from the | ||||||
18 | chief judge of the circuit or the presiding judge of the county | ||||||
19 | authorizing such collection, a clerk of the circuit court in | ||||||
20 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
21 | Section shall also charge and collect an additional $10 | ||||||
22 | operations fee for probation and court services department | ||||||
23 | operations. | ||||||
24 | This additional fee shall be paid by the defendant in any | ||||||
25 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
26 | case upon a judgment of guilty or grant of supervision, except |
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1 | such $10 operations fee shall not be charged and collected in | ||||||
2 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
3 | amount is $120 or less. | ||||||
4 | 1.2. With respect to the fee imposed and collected under | ||||||
5 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
6 | fees monthly to the county treasurer for deposit into the | ||||||
7 | probation and court services fund created under Section 15.1 of | ||||||
8 | the Probation and Probation Officers Act, and such monies shall | ||||||
9 | be disbursed from the fund only at the direction of the chief | ||||||
10 | judge of the circuit or another judge designated by the Chief | ||||||
11 | Circuit Judge in accordance with the policies and guidelines | ||||||
12 | approved by the Supreme Court. | ||||||
13 | 1.5. Starting on June 1, 2014, a clerk of the circuit court | ||||||
14 | in any county that imposes a fee pursuant to subsection 1 of | ||||||
15 | this Section, shall charge and collect an additional fee in an | ||||||
16 | amount equal to the amount of the fee imposed pursuant to | ||||||
17 | subsection 1 of this Section, except the fee imposed under this | ||||||
18 | subsection may not be more than $15. This additional fee shall | ||||||
19 | be paid by the defendant in any felony, traffic, misdemeanor, | ||||||
20 | or local ordinance case upon a judgment of guilty or grant of | ||||||
21 | supervision. This fee shall not be paid by the defendant for | ||||||
22 | any violation listed in subsection 1.6 of this Section. | ||||||
23 | 1.6. Starting on June 1, 2014, a clerk of the circuit court | ||||||
24 | in any county that imposes a fee pursuant to subsection 1 of | ||||||
25 | this Section shall charge and collect an additional fee in an | ||||||
26 | amount equal to the amount of the fee imposed pursuant to |
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1 | subsection 1 of this Section, except the fee imposed under this | ||||||
2 | subsection may not be more than $15. This additional fee shall | ||||||
3 | be paid by the defendant upon a judgment of guilty or grant of | ||||||
4 | supervision for a violation under the State Parks Act, the | ||||||
5 | Recreational Trails of Illinois Act, the Illinois Explosives | ||||||
6 | Act, the Timber Buyers Licensing Act, the Forest Products | ||||||
7 | Transportation Act, the Firearm Owners Identification Card | ||||||
8 | Act, the Environmental Protection Act, the Fish and Aquatic | ||||||
9 | Life Code, the Wildlife Code, the Cave Protection Act, the | ||||||
10 | Illinois Exotic Weed Act, the Illinois Forestry Development | ||||||
11 | Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||||||
12 | Program Act, the Illinois Natural Areas Preservation Act, the | ||||||
13 | Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||||||
14 | and Development Act, the Illinois Prescribed Burning Act, the | ||||||
15 | State Forest Act, the Water Use Act of 1983, the Illinois | ||||||
16 | Veteran, Youth, and Young Adult Conservation Jobs Act, the | ||||||
17 | Snowmobile Registration and Safety Act, the Boat Registration | ||||||
18 | and Safety Act, the Illinois Dangerous Animals Act, the Hunter | ||||||
19 | and Fishermen Interference Prohibition Act, the Wrongful Tree | ||||||
20 | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||||||
21 | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||||||
22 | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the | ||||||
23 | Criminal Code of 2012. | ||||||
24 | 1.7. Starting on the effective date of this amendatory Act | ||||||
25 | of the 99th General Assembly, a clerk of the circuit court in | ||||||
26 | any county that imposes a fee pursuant to subsection 1 of this |
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1 | Section shall also charge and collect an additional $9 | ||||||
2 | e-business fee. 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, except no additional fee shall be required | ||||||
5 | if more than one party is presented in a single pleading, | ||||||
6 | paper, or other appearance. The fee shall be collected in the | ||||||
7 | manner in which all other fees or costs are collected. The fee | ||||||
8 | shall be in addition to all other fees and charges of the | ||||||
9 | clerk, and assessable as costs, and may be waived only if the | ||||||
10 | judge specifically provides for the waiver of the e-business | ||||||
11 | fee. The fee shall not be charged in any matter coming to the | ||||||
12 | clerk on a change of venue, nor in any proceeding to review the | ||||||
13 | decision of any administrative officer, agency, or body. | ||||||
14 | 2. With respect to the fee imposed under subsection 1 of | ||||||
15 | this Section, each clerk shall commence such charges and | ||||||
16 | collections upon receipt
of written notice from the chairman of | ||||||
17 | the county board together with a
certified copy of the board's | ||||||
18 | resolution, which the clerk shall file of
record in his office.
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19 | 3. With respect to the fee imposed under subsection 1 of | ||||||
20 | this Section, such fees shall be in addition to all other fees | ||||||
21 | and charges of such
clerks, and assessable as costs, and may be | ||||||
22 | waived only if the judge
specifically provides for the waiver | ||||||
23 | of the court automation fee. The
fees shall be remitted monthly | ||||||
24 | by such clerk to the county treasurer, to be
retained by him in | ||||||
25 | a special fund designated as the court automation fund.
The | ||||||
26 | fund shall be audited by the county auditor, and the board |
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1 | shall make
expenditure from the fund in payment of any cost | ||||||
2 | related to the automation
of court records, including hardware, | ||||||
3 | software, research and development
costs and personnel related | ||||||
4 | thereto, provided that the expenditure is
approved by the clerk | ||||||
5 | of the court and by the chief judge of the circuit
court or his | ||||||
6 | designate.
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7 | 4. With respect to the fee imposed under subsection 1 of | ||||||
8 | this Section, such fees shall not be charged in any matter | ||||||
9 | coming to any such clerk
on change of venue, nor in any | ||||||
10 | proceeding to review the decision of any
administrative | ||||||
11 | officer, agency or body.
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12 | 5. With respect to the additional fee imposed under | ||||||
13 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
14 | the circuit clerk to the State Treasurer within one month after | ||||||
15 | receipt for deposit into the State Police Operations Assistance | ||||||
16 | Fund. | ||||||
17 | 6. With respect to the additional fees imposed under | ||||||
18 | subsection 1.5 of this Section, the Director of State Police | ||||||
19 | may direct the use of these fees for homeland security purposes | ||||||
20 | by transferring these fees on a quarterly basis from the State | ||||||
21 | Police Operations Assistance Fund into the Illinois Law | ||||||
22 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
23 | initiatives programs. The transferred fees shall be allocated, | ||||||
24 | subject to the approval of the ILEAS Executive Board, as | ||||||
25 | follows: (i) 66.6% shall be used for homeland security | ||||||
26 | initiatives and (ii) 33.3% shall be used for airborne |
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1 | operations. The ILEAS Executive Board shall annually supply the | ||||||
2 | Director of State Police with a report of the use of these | ||||||
3 | fees. | ||||||
4 | 7. With respect to the additional fee imposed under | ||||||
5 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
6 | the circuit clerk to the State Treasurer within one month after | ||||||
7 | receipt for deposit into the Conservation Police Operations | ||||||
8 | Assistance Fund. | ||||||
9 | 8. With respect to the fee imposed under subsection 1.7 of | ||||||
10 | this Section, the clerk shall remit the fee to the State | ||||||
11 | Treasurer within one month after receipt for deposit into the | ||||||
12 | Supreme Court Special Purposes Fund. Unless otherwise | ||||||
13 | authorized by this Act, the moneys deposited into the Supreme | ||||||
14 | Court Special Purposes Fund under this subsection are not | ||||||
15 | subject to administrative charges or chargebacks under Section | ||||||
16 | 20 of the State Treasurer Act. | ||||||
17 | (Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738, | ||||||
18 | eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12; | ||||||
19 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff. | ||||||
20 | 8-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)
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21 | (705 ILCS 105/28)
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22 | Sec. 28. Supreme Court Clerk; fees. At the time of filing a | ||||||
23 | petition or
record, the petitioner or appellant shall pay to | ||||||
24 | the Clerk of the Supreme Court
the sum of $25. That sum shall | ||||||
25 | be in full payment of all services of the clerk
on behalf of |
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1 | the petitioner or appellant, except the making of a complete
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2 | record, or copies of records, papers, or orders. The respondent | ||||||
3 | or appellee,
before entering an appearance or filing any paper, | ||||||
4 | shall pay to the Clerk of
the Supreme Court the sum of $15, | ||||||
5 | which sum shall be in full payment of all
services of the clerk | ||||||
6 | on behalf of the respondent or appellee, except the
making of a | ||||||
7 | complete record, or copies of records, papers, or orders.
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8 | The fee for each official certificate and seal is $1.
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9 | The fee for making a complete record, copy of a record, or | ||||||
10 | other papers
in this office is a reasonable fee per page as | ||||||
11 | established by the
Supreme Court, except that the clerk shall
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12 | furnish without cost, to parties in interest or their attorneys | ||||||
13 | of
record, copies of opinions or orders. In furtherance of the
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14 | public interest, the clerk may furnish copies of opinions or | ||||||
15 | orders without
cost to other individuals or entities.
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16 | The fee for preparing a law license, certifying it with the | ||||||
17 | seal,
administering the oath, and transcribing the name on the | ||||||
18 | roll of attorneys is
$5.
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19 | After the effective date of this amendatory Act of the 98th | ||||||
20 | General Assembly, the amount of any fee collected under this | ||||||
21 | Section may be set by Supreme Court rule, except that the | ||||||
22 | amount of the fees collected under this Section shall remain as | ||||||
23 | set by statute until the Supreme Court adopts rules specifying | ||||||
24 | a higher or lower fee amount.
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25 | There is created the Supreme Court Special Purposes Fund, a | ||||||
26 | special fund in the State treasury. Moneys collected under this |
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1 | Section shall be deposited into the Supreme Court Special | ||||||
2 | Purposes Fund . Moneys in the Supreme Court Special Purposes | ||||||
3 | Fund shall , to be used by the Supreme Court for: | ||||||
4 | (1) costs associated with electronic filing and other | ||||||
5 | e-business programs and case management systems in the | ||||||
6 | circuit and reviewing courts; and | ||||||
7 | (2) the operation of committees and commissions | ||||||
8 | established by the Supreme Court. | ||||||
9 | (Source: P.A. 98-324, eff. 10-1-13.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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