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Sen. Ira I. Silverstein
Filed: 3/17/2005
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09400SB1444sam002 |
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LRB094 09120 LCB 43989 a |
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| AMENDMENT TO SENATE BILL 1444
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| AMENDMENT NO. ______. Amend Senate Bill 1444 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Clerks of Courts Act is amended by changing |
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| Section 27.3c as follows:
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| (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
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| Sec. 27.3c. Document storage system.
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| (a) The expense of establishing and maintaining a document |
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| storage
system in the offices of the circuit court clerks in |
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| the several counties
of this State shall be borne by the |
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| county. To defray the expense in any
county that elects to |
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| establish a document storage system and convert the
records of |
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| the circuit court clerk to electronic or micrographic storage,
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| the county board may require the clerk of the circuit court in |
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| its county
to collect a court document fee of not less than $1 |
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| nor more than $15
$5, to
be charged and collected by the clerk |
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| of the court. The fee shall be paid
at the time of filing the |
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| first pleading, paper, or other appearance filed
by each party |
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| in all civil cases or by the defendant in any felony,
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| misdemeanor, traffic, ordinance, or conservation matter on a |
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| judgment of
guilty or grant of supervision, provided that the |
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| document storage system
is in place or has been authorized by |
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| the county board and further that no
additional fee shall be |
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| required if more than one party is presented in a
single |
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09400SB1444sam002 |
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LRB094 09120 LCB 43989 a |
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| pleading, paper, or other appearance. The fee shall
be |
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| collected in the manner in which all other fees or costs are
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| collected. The court document fee provided in this subsection |
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| (a) shall
not apply to any petty offense moving violation |
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| written by a municipal
police department in counties having a |
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| population of more than 650,000 but
less than 3,000,000 |
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| inhabitants whether written under the Illinois Vehicle
Code or |
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| under any municipal ordinance.
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| (b) Each clerk shall commence charges and collections of a |
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| court
document fee upon receipt of written notice from the |
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| chairman of
the county board together with a certified copy of |
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| the board's resolution,
which the clerk shall file of record in |
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| his or her office.
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| (c) Court document fees shall be in addition to other fees |
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| and charges
of the clerk, shall be assessable as costs, and may |
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| be waived only if the
judge specifically provides for the |
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| waiver of the court document storage
fee. The fees shall be |
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| remitted monthly
by the clerk to the county treasurer, to be |
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| retained by the treasurer in a
special fund designated as the |
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| Court Document Storage Fund. The fund shall
be audited by the |
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| county auditor, and the board shall make expenditures
from the |
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| fund in payment of any costs relative to the storage of court |
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| records,
including hardware, software, research and |
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| development costs, and related
personnel, provided that the |
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| expenditure is approved by the clerk of the
circuit court.
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| (d) A court document fee shall not be charged in any matter |
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| coming to
the clerk on change of venue or in any proceeding to |
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| review the
decision of any administrative officer, agency, or |
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| body.
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| (Source: P.A. 86-1386; 87-670.)".
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