Full Text of SB3162 99th General Assembly
SB3162sam002 99TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 3162
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3162, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Clerks of Courts Act is amended by changing | 6 | | Sections 27.3a and 28 as follows:
| 7 | | (705 ILCS 105/27.3a)
| 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 .
| 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.
| 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.
| 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.
| 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.
| 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.)
| 21 | | (705 ILCS 105/28)
| 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
| 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.
| 8 | | The fee for each official certificate and seal is $1.
| 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
| 12 | | furnish without cost, to parties in interest or their attorneys | 13 | | of
record, copies of opinions or orders. In furtherance of the
| 14 | | public interest, the clerk may furnish copies of opinions or | 15 | | orders without
cost to other individuals or entities.
| 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.
| 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.
| 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.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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