State of Illinois
92nd General Assembly
Legislation

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92_SB0763

 
                                               LRB9205212REtm

 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 27.3a as follows:

 6        (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
 7        Sec. 27.3a.  Fees for automated record keeping.
 8        1.  The expense of establishing and maintaining automated
 9    record keeping systems in the offices of the  clerks  of  the
10    circuit  court  shall be borne by the county.  To defray that
11    such  expense  in  any  county  having  established  such  an
12    automated system or which elects to establish such a  system,
13    the  county  board may require the clerk of the circuit court
14    in their county to charge and collect a court automation  fee
15    of  not  less  than  $1  nor  more  than $5 to be charged and
16    collected by the clerk of the court.  Such fee shall be  paid
17    at  the  time  of  filing  the first pleading, paper or other
18    appearance filed by each party in all civil cases or  by  the
19    defendant  in  any  felony,  traffic,  misdemeanor, municipal
20    ordinance, or conservation case upon a judgment of guilty  or
21    grant of supervision, provided that the record keeping system
22    which  processes  the  case  category  for  which  the fee is
23    charged is automated or has been approved for  automation  by
24    the county board, and provided further that no additional fee
25    shall  be  required  if more than one party is presented in a
26    single pleading, paper or other appearance.  Such  fee  shall
27    be  collected  in the manner in which all other fees or costs
28    are collected.
29        2.  Each  clerk   shall   commence   such   charges   and
30    collections  upon receipt of written notice from the chairman
31    of the county board together with a  certified  copy  of  the
 
                            -2-                LRB9205212REtm
 1    board's  resolution,  which the clerk shall file of record in
 2    his office.
 3        3.  Such fees shall be in addition to all other fees  and
 4    charges  of  such clerks, and assessable as costs, and may be
 5    waived only if the judge specifically provides for the waiver
 6    of the court automation fee.   The  fees  shall  be  remitted
 7    monthly by such clerk to the county treasurer, to be retained
 8    by  him  in a special fund designated as the court automation
 9    fund.  The fund shall be audited by the county  auditor,  and
10    the  board shall make expenditure from the fund in payment of
11    any  cost  related  to  the  automation  of  court   records,
12    including  hardware, software, research and development costs
13    and personnel related thereto, provided that the  expenditure
14    is  approved by the clerk of the court and by the chief judge
15    of the circuit court or his designate.
16        4.  Such fees shall not be charged in any  matter  coming
17    to  any  such clerk on change of venue, nor in any proceeding
18    to review the decision of any administrative officer,  agency
19    or body.
20    (Source: P.A. 87-669; 87-670; 87-671; 87-838; 87-1230.)

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