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90_HB2873
705 ILCS 105/27.3a from Ch. 25, par. 27.3a
Amends the Clerks of Courts Act. Makes a stylistic
change in Section relating to fees that the clerk of the
court may charge for the expense of establishing and
maintaining automated record keeping systems.
LRB9010963RCks
LRB9010963RCks
1 AN ACT to amend the Clerks of Courts Act by changing
2 Section 27.3a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clerks of Courts Act is amended by
6 changing 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.
9 1. The expense of establishing and maintaining automated
10 record keeping systems in the offices of the clerks of the
11 circuit court shall be borne by the county. To defray such
12 expense in any county having established such an automated
13 system or which elects to establish such a system, the county
14 board may require the clerk of the circuit court in their
15 county to charge and collect a court automation fee of not
16 less than $1 nor more than $5 to be charged and collected by
17 the clerk of the court. Such fee shall be paid at the time
18 of filing the first pleading, paper or other appearance filed
19 by each party in all civil cases or by the defendant in any
20 felony, traffic, misdemeanor, municipal ordinance, or
21 conservation case upon a judgment of guilty or grant of
22 supervision, provided that the record keeping system which
23 processes the case category for which the fee is charged is
24 automated or has been approved for automation by the county
25 board, and provided further that no additional fee shall be
26 required if more than one party is presented in a single
27 pleading, paper or other appearance. The Such fee shall be
28 collected in the manner in which all other fees or costs are
29 collected.
30 2. Each clerk shall commence such charges and
31 collections upon receipt of written notice from the chairman
-2- LRB9010963RCks
1 of the county board together with a certified copy of the
2 board's resolution, which the clerk shall file of record in
3 his office.
4 3. Such fees shall be in addition to all other fees and
5 charges of such clerks, and assessable as costs, and may be
6 waived only if the judge specifically provides for the waiver
7 of the court automation fee. The fees shall be remitted
8 monthly by such clerk to the county treasurer, to be retained
9 by him in a special fund designated as the court automation
10 fund. The fund shall be audited by the county auditor, and
11 the board shall make expenditure from the fund in payment of
12 any cost related to the automation of court records,
13 including hardware, software, research and development costs
14 and personnel related thereto, provided that the expenditure
15 is approved by the clerk of the court and by the chief judge
16 of the circuit court or his designate.
17 4. Such fees shall not be charged in any matter coming
18 to any such clerk on change of venue, nor in any proceeding
19 to review the decision of any administrative officer, agency
20 or body.
21 (Source: P.A. 87-669; 87-670; 87-671; 87-838; 87-1230.)