Full Text of SB2742 097th General Assembly
SB2742 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2742 Introduced 1/18/2012, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | |
705 ILCS 105/27.3c | from Ch. 25, par. 27.3c |
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Amends the Clerks of Courts
Act. Makes a technical change in a Section concerning various 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 27.3c as follows:
| 6 | | (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
| 7 | | Sec. 27.3c. Document storage system.
| 8 | | (a) The
The expense of establishing and maintaining a | 9 | | document storage
system in the offices of the circuit court | 10 | | clerks in the several counties
of this State shall be borne by | 11 | | the county. To defray the expense in any
county that elects to | 12 | | establish a document storage system and convert the
records of | 13 | | the circuit court clerk to electronic or micrographic storage,
| 14 | | the county board may require the clerk of the circuit court in | 15 | | its county
to collect a court document fee of not less than $1 | 16 | | nor more than $15, to
be charged and collected by the clerk of | 17 | | the court. The fee shall be paid
at the time of filing the | 18 | | first pleading, paper, or other appearance filed
by each party | 19 | | in all civil cases or by the defendant in any felony,
| 20 | | misdemeanor, traffic, ordinance, or conservation matter on a | 21 | | judgment of
guilty or grant of supervision, provided that the | 22 | | document storage system
is in place or has been authorized by | 23 | | the county board and further that no
additional fee shall be |
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| 1 | | required if more than one party is presented in a
single | 2 | | pleading, paper, or other appearance. The fee shall
be | 3 | | collected in the manner in which all other fees or costs are
| 4 | | collected. | 5 | | (b) Each clerk shall commence charges and collections of a | 6 | | court
document fee upon receipt of written notice from the | 7 | | chairman of
the county board together with a certified copy of | 8 | | the board's resolution,
which the clerk shall file of record in | 9 | | his or her office.
| 10 | | (c) Court document fees shall be in addition to other fees | 11 | | and charges
of the clerk, shall be assessable as costs, and may | 12 | | be waived only if the
judge specifically provides for the | 13 | | waiver of the court document storage
fee. The fees shall be | 14 | | remitted monthly
by the clerk to the county treasurer, to be | 15 | | retained by the treasurer in a
special fund designated as the | 16 | | Court Document Storage Fund. The fund shall
be audited by the | 17 | | county auditor, and the board shall make expenditures
from the | 18 | | fund in payment of any costs relative to the storage of court | 19 | | records,
including hardware, software, research and | 20 | | development costs, and related
personnel, provided that the | 21 | | expenditure is approved by the clerk of the
circuit court.
| 22 | | (d) A court document fee shall not be charged in any matter | 23 | | coming to
the clerk on change of venue or in any proceeding to | 24 | | review the
decision of any administrative officer, agency, or | 25 | | body.
| 26 | | (Source: P.A. 94-596, eff. 1-1-06.)
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