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| 1 | AMENDMENT TO SENATE BILL 1444
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1444 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Clerks of Courts Act is amended by changing | ||||||
| 5 | Section 27.3c as follows:
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| 6 | (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
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| 7 | Sec. 27.3c. Document storage system.
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| 8 | (a) The expense of establishing and maintaining a document | ||||||
| 9 | storage
system in the offices of the circuit court clerks in | ||||||
| 10 | the several counties
of this State shall be borne by the | ||||||
| 11 | 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,
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| 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
$5, to
be charged and collected by the clerk | ||||||
| 17 | of 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,
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| 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 | ||||||
| 24 | required if more than one party is presented in a
single | ||||||
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| 1 | pleading, paper, or other appearance. The fee shall
be | ||||||
| 2 | collected in the manner in which all other fees or costs are
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| 3 | collected. The court document fee provided in this subsection | ||||||
| 4 | (a) shall
not apply to any petty offense moving violation | ||||||
| 5 | written by a municipal
police department in counties having a | ||||||
| 6 | population of more than 650,000 but
less than 3,000,000 | ||||||
| 7 | inhabitants whether written under the Illinois Vehicle
Code or | ||||||
| 8 | under any municipal ordinance.
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| 9 | (b) Each clerk shall commence charges and collections of a | ||||||
| 10 | court
document fee upon receipt of written notice from the | ||||||
| 11 | chairman of
the county board together with a certified copy of | ||||||
| 12 | the board's resolution,
which the clerk shall file of record in | ||||||
| 13 | his or her office.
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| 14 | (c) Court document fees shall be in addition to other fees | ||||||
| 15 | and charges
of the clerk, shall be assessable as costs, and may | ||||||
| 16 | be waived only if the
judge specifically provides for the | ||||||
| 17 | waiver of the court document storage
fee. The fees shall be | ||||||
| 18 | remitted monthly
by the clerk to the county treasurer, to be | ||||||
| 19 | retained by the treasurer in a
special fund designated as the | ||||||
| 20 | Court Document Storage Fund. The fund shall
be audited by the | ||||||
| 21 | county auditor, and the board shall make expenditures
from the | ||||||
| 22 | fund in payment of any costs relative to the storage of court | ||||||
| 23 | records,
including hardware, software, research and | ||||||
| 24 | development costs, and related
personnel, provided that the | ||||||
| 25 | expenditure is approved by the clerk of the
circuit court.
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| 26 | (d) A court document fee shall not be charged in any matter | ||||||
| 27 | coming to
the clerk on change of venue or in any proceeding to | ||||||
| 28 | review the
decision of any administrative officer, agency, or | ||||||
| 29 | body.
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| 30 | (Source: P.A. 86-1386; 87-670.)".
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