State of Illinois
92nd General Assembly
Legislation

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92_HB1832

 
                                               LRB9205217REtm

 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  Clerks  of  Courts  Act  is amended by
 5    changing Section 27.3c as follows:

 6        (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
 7        Sec. 27.3c.  Document storage system; fees.
 8        (a)  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
11    by  the  county.   To  defray  the expense in any county that
12    elects to establish a document storage system and convert the
13    records  of  the  circuit  court  clerk  to   electronic   or
14    micrographic  storage, the county board may require the clerk
15    of the circuit  court  in  its  county  to  collect  a  court
16    document  fee  of  not  less  than $1 nor more than $5, to be
17    charged and collected by the clerk of  the  court.   The  fee
18    shall  be  paid  at  the  time  of filing the first pleading,
19    paper, or other appearance filed by each party in  all  civil
20    cases  or  by  the  defendant  in  any  felony,  misdemeanor,
21    traffic,  ordinance,  or conservation matter on a judgment of
22    guilty or grant of supervision, provided  that  the  document
23    storage  system  is  in  place  or has been authorized by the
24    county board and further that  no  additional  fee  shall  be
25    required  if  more  than  one  party is presented in a single
26    pleading, paper, or  other  appearance.   The  fee  shall  be
27    collected  in the manner in which all other fees or costs are
28    collected.   The  court  document  fee   provided   in   this
29    subsection  (a)  shall  not apply to any petty offense moving
30    violation  written  by  a  municipal  police  department   in
31    counties  having  a  population of more than 650,000 but less
 
                            -2-                LRB9205217REtm
 1    than 3,000,000 inhabitants whether written under the Illinois
 2    Vehicle Code or under any municipal ordinance.
 3        (b)  Each clerk shall commence charges and collections of
 4    a court document fee upon receipt of written notice from  the
 5    chairman  of  the county board together with a certified copy
 6    of the board's resolution, which  the  clerk  shall  file  of
 7    record in his or her office.
 8        (c)  Court  document  fees  shall be in addition to other
 9    fees and charges of the clerk, shall be assessable as  costs,
10    and may be waived only if the judge specifically provides for
11    the  waiver of the court document storage fee. The fees shall
12    be remitted monthly by the clerk to the county treasurer,  to
13    be  retained by the treasurer in a special fund designated as
14    the Court Document Storage Fund.  The fund shall  be  audited
15    by  the county auditor, and the board shall make expenditures
16    from the fund in payment of any costs relative to the storage
17    of court records, including hardware, software, research  and
18    development  costs,  and related personnel, provided that the
19    expenditure is approved by the clerk of the circuit court.
20        (d)  A court document fee shall not  be  charged  in  any
21    matter  coming  to  the  clerk  on  change of venue or in any
22    proceeding to  review  the  decision  of  any  administrative
23    officer, agency, or body.
24    (Source: P.A. 86-1386; 87-670.)

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