Full Text of SB1703 97th General Assembly
SB1703enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning fees.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Sections 5.786 and 6z-87 as follows: | 6 | | (30 ILCS 105/5.786 new) | 7 | | Sec. 5.786. The Conservation Police Operations Assistance | 8 | | Fund. | 9 | | (30 ILCS 105/6z-87 new) | 10 | | Sec. 6z-87. Conservation Police Operations Assistance | 11 | | Fund. | 12 | | (a) There is created in the State treasury a special fund | 13 | | known as the Conservation Police Operations Assistance Fund. | 14 | | The Fund shall receive revenue pursuant to Section 27.3a of the | 15 | | Clerks of Courts Act. The Fund may also receive revenue from | 16 | | grants, donations, appropriations, and any other legal source. | 17 | | (b) The Department of Natural Resources may use moneys in | 18 | | the Fund to support any lawful operations of the Illinois | 19 | | Conservation Police. | 20 | | (c) Expenditures may be made from the Fund only as | 21 | | appropriated by the General Assembly by law. | 22 | | (d) Investment income that is attributable to the |
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| 1 | | investment of moneys in the Fund shall be retained in the Fund | 2 | | for the uses specified in this Section. | 3 | | (e) The Conservation Police Operations Assistance Fund | 4 | | shall not be subject to administrative chargebacks. | 5 | | Section 10. The Clerks of Courts Act is amended by changing | 6 | | Section 27.3a as follows:
| 7 | | (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
| 8 | | Sec. 27.3a. Fees for automated record keeping and State and | 9 | | Conservation Police operations.
| 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 $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 | 24 | | 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 , or conservation case upon a judgment of guilty or | 15 | | grant of supervision. This fee shall not be paid by the | 16 | | defendant for any conservation violation listed in subsection | 17 | | 1.6 of this Section. | 18 | | 1.6. Starting on the effective date of this amendatory Act | 19 | | of the 97th General Assembly, a clerk of the circuit court in | 20 | | any county that imposes a fee pursuant to subsection 1 of this | 21 | | Section shall charge and collect an additional fee in an amount | 22 | | equal to the amount of the fee imposed pursuant to subsection 1 | 23 | | of this Section. This additional fee shall be paid by the | 24 | | defendant upon a judgment of guilty or grant of supervision for | 25 | | a conservation violation under the State Parks Act, the | 26 | | Recreational Trails of Illinois Act, the Illinois Explosives |
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| 1 | | Act, the Timber Buyers Licensing Act, the Forest Products | 2 | | Transportation Act, the Firearm Owners Identification Card | 3 | | Act, the Environmental Protection Act, the Fish and Aquatic | 4 | | Life Code, the Wildlife Code, the Cave Protection Act, the | 5 | | Illinois Exotic Weed Act, the Illinois Forestry Development | 6 | | Act, the Ginseng Harvesting Act, the Illinois Lake Management | 7 | | Program Act, the Illinois Natural Areas Preservation Act, the | 8 | | Illinois Open Land Trust Act, the Open Space Lands Acquisition | 9 | | and Development Act, the Illinois Prescribed Burning Act, the | 10 | | State Forest Act, the Water Use Act of 1983, the Illinois Youth | 11 | | and Young Adult Employment Act of 1986, the Snowmobile | 12 | | Registration and Safety Act, the Boat Registration and Safety | 13 | | Act, the Illinois Dangerous Animals Act, the Hunter and | 14 | | Fishermen Interference Prohibition Act, the Wrongful Tree | 15 | | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | 16 | | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | 17 | | 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 fee imposed under | 22 | | subsection 1.6 of this Section, the fee shall be remitted by | 23 | | the circuit clerk to the State Treasurer within one month after | 24 | | receipt for deposit into the Conservation Police Operations | 25 | | Assistance Fund. | 26 | | (Source: P.A. 96-1029, eff. 7-13-10.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2012.
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