Full Text of HB5238 97th General Assembly
HB5238 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5238 Introduced 2/8/2012, by Rep. John D'Amico SYNOPSIS AS INTRODUCED: | | |
Amends the Clerks of Courts
Act. Makes a technical change in a Section concerning fees.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clerks of Courts Act is amended by changing | 5 | | Section 27.3a as follows:
| 6 | | (705 ILCS 105/27.3a)
| 7 | | (Text of Section before amendment by P.A. 97-46 ) | 8 | | Sec. 27.3a. Fees for automated record keeping and State | 9 | | Police operations.
| 10 | | 1. The The expense of establishing and maintaining | 11 | | automated record
keeping systems in the offices of the clerks | 12 | | of the circuit court shall
be borne by the county. To defray | 13 | | such 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 $15 to be charged and collected by the | 18 | | 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.
| 8 | | 1.5. Starting on the effective date of this amendatory Act | 9 | | of the 96th General Assembly, a clerk of the circuit court in | 10 | | any county that imposes a fee pursuant to subsection 1 of this | 11 | | Section, shall charge and collect an additional fee in an | 12 | | amount equal to the amount of the fee imposed pursuant to | 13 | | subsection 1 of this Section. This additional fee shall be paid | 14 | | by the defendant in any felony, traffic, misdemeanor, local | 15 | | ordinance, or conservation case upon a judgment of guilty or | 16 | | grant of supervision. | 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.
| 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.
| 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.
| 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 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
| 8 | | (Text of Section after amendment by P.A. 97-46 )
| 9 | | Sec. 27.3a. Fees for automated record keeping and State and | 10 | | Conservation Police operations.
| 11 | | 1. The The expense of establishing and maintaining | 12 | | automated record
keeping systems in the offices of the clerks | 13 | | of the circuit court shall
be borne by the county. To defray | 14 | | such 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 | 17 | | county to charge and collect a court automation fee of not less | 18 | | than
$1 nor more than $15 to be charged and collected by the | 19 | | clerk of the court.
Such fee shall be paid at the time of | 20 | | filing the first pleading, paper or
other appearance filed by | 21 | | each party in all civil cases or by the defendant
in any | 22 | | felony, traffic, misdemeanor, municipal ordinance, or | 23 | | conservation
case upon a judgment of guilty or grant of | 24 | | supervision, provided that
the record keeping system which | 25 | | processes the case
category for which the fee is charged is |
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| 1 | | automated or has been approved for
automation by the county | 2 | | board, and provided further that no additional fee
shall be | 3 | | required if more than one party is presented in a single | 4 | | pleading,
paper or other appearance. Such fee shall be | 5 | | collected in the manner in
which all other fees or costs are | 6 | | collected.
| 7 | | 1.5. Starting on the effective date of this amendatory Act | 8 | | of the 96th General Assembly, a clerk of the circuit court in | 9 | | any county that imposes a fee pursuant to subsection 1 of this | 10 | | Section, shall charge and collect an additional fee in an | 11 | | amount equal to the amount of the fee imposed pursuant to | 12 | | subsection 1 of this Section. This additional fee shall be paid | 13 | | by the defendant in any felony, traffic, misdemeanor, or local | 14 | | ordinance case upon a judgment of guilty or grant of | 15 | | supervision. This fee shall not be paid by the defendant for | 16 | | any conservation violation listed in subsection 1.6 of this | 17 | | Section. | 18 | | 1.6. Starting on July 1, 2012 ( the effective date of Public | 19 | | Act 97-46) this amendatory Act of the 97th General Assembly , a | 20 | | clerk of the circuit court in any county that imposes a fee | 21 | | pursuant to subsection 1 of this Section shall charge and | 22 | | collect an additional fee in an amount equal to the amount of | 23 | | the fee imposed pursuant to subsection 1 of this Section. This | 24 | | additional fee shall be paid by the defendant upon a judgment | 25 | | of guilty or grant of supervision for a conservation violation | 26 | | under the State Parks Act, the Recreational Trails of Illinois |
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| 1 | | Act, the Illinois Explosives Act, the Timber Buyers Licensing | 2 | | Act, the Forest Products Transportation Act, the Firearm Owners | 3 | | Identification Card Act, the Environmental Protection Act, the | 4 | | Fish and Aquatic Life Code, the Wildlife Code, the Cave | 5 | | Protection Act, the Illinois Exotic Weed Act, the Illinois | 6 | | Forestry Development Act, the Ginseng Harvesting Act, the | 7 | | Illinois Lake Management Program Act, the Illinois Natural | 8 | | Areas Preservation Act, the Illinois Open Land Trust Act, the | 9 | | Open Space Lands Acquisition and Development Act, the Illinois | 10 | | Prescribed Burning Act, the State Forest Act, the Water Use Act | 11 | | of 1983, the Illinois Youth and Young Adult Employment Act of | 12 | | 1986, the Snowmobile Registration and Safety Act, the Boat | 13 | | Registration and Safety Act, the Illinois Dangerous Animals | 14 | | Act, the Hunter and Fishermen Interference Prohibition Act, the | 15 | | Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, | 16 | | 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or | 17 | | 11-1427.5 of the Illinois Vehicle Code. | 18 | | 2. With respect to the fee imposed under subsection 1 of | 19 | | this Section, each clerk shall commence such charges and | 20 | | collections upon receipt
of written notice from the chairman of | 21 | | the county board together with a
certified copy of the board's | 22 | | resolution, which the clerk shall file of
record in his office.
| 23 | | 3. With respect to the fee imposed under subsection 1 of | 24 | | this Section, such fees shall be in addition to all other fees | 25 | | and charges of such
clerks, and assessable as costs, and may be | 26 | | waived only if the judge
specifically provides for the waiver |
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| 1 | | of the court automation fee. The
fees shall be remitted monthly | 2 | | by such clerk to the county treasurer, to be
retained by him in | 3 | | a special fund designated as the court automation fund.
The | 4 | | fund shall be audited by the county auditor, and the board | 5 | | shall make
expenditure from the fund in payment of any cost | 6 | | related to the automation
of court records, including hardware, | 7 | | software, research and development
costs and personnel related | 8 | | thereto, provided that the expenditure is
approved by the clerk | 9 | | of the court and by the chief judge of the circuit
court or his | 10 | | designate.
| 11 | | 4. With respect to the fee imposed under subsection 1 of | 12 | | this Section, such fees shall not be charged in any matter | 13 | | coming to any such clerk
on change of venue, nor in any | 14 | | proceeding to review the decision of any
administrative | 15 | | officer, agency or body.
| 16 | | 5. With respect to the additional fee imposed under | 17 | | subsection 1.5 of this Section, the fee shall be remitted by | 18 | | the circuit clerk to the State Treasurer within one month after | 19 | | receipt for deposit into the State Police Operations Assistance | 20 | | Fund. | 21 | | 6. With respect to the additional fees imposed under | 22 | | subsection 1.5 of this Section, the Director of State Police | 23 | | may direct the use of these fees for homeland security purposes | 24 | | by transferring these fees on a quarterly basis from the State | 25 | | Police Operations Assistance Fund into the Illinois Law | 26 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security |
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| 1 | | initiatives programs. The transferred fees shall be allocated, | 2 | | subject to the approval of the ILEAS Executive Board, as | 3 | | follows: (i) 66.6% shall be used for homeland security | 4 | | initiatives and (ii) 33.3% shall be used for airborne | 5 | | operations. The ILEAS Executive Board shall annually supply the | 6 | | Director of State Police with a report of the use of these | 7 | | fees. | 8 | | 7. 6. With respect to the additional fee imposed under | 9 | | subsection 1.6 of this Section, the fee shall be remitted by | 10 | | the circuit clerk to the State Treasurer within one month after | 11 | | receipt for deposit into the Conservation Police Operations | 12 | | Assistance Fund. | 13 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | 14 | | 97-453, eff. 8-19-11; revised 10-4-11.)
| 15 | | Section 95. No acceleration or delay. Where this Act makes | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act. |
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