HB5919 97TH GENERAL ASSEMBLY

LRB097 19474 AJO 64727 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5919

Introduced 2/16/2012, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

705 ILCS 105/27.3f new

Amends the Clerks of Courts Act. Provides that the circuit clerk in each county shall charge a sheriff's office technology and training fee of $5 in each civil action in order to defray the expense of the sheriff's office acquiring and maintaining technological equipment and providing training for sheriff's office personnel. Provides that this fee shall be paid at the time of the filing of the first document filed by each party in all civil cases, provided that no additional fee is required if more than one party is presented in a single document. Provides that the fees collected shall be remitted monthly by the clerk to the county treasurer, to be retained by the treasurer in a special fund designated as the Sheriff's Office Technology and Training Fund. Provides that the fund shall be audited by the county auditor, and the sheriff shall make expenditures from the fund in payment of any costs relative to the acquisition of technology hardware; software; research and development costs; training of sheriff's office personnel; and any personnel related to technology or training. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Clerks of Courts Act is amended by adding Section 27.3f as follows:

(705 ILCS 105/27.3f new)

Sec. 27.3f. Sheriff's office technology and training fee.

(a) The expense of acquiring and maintaining technological equipment for the use of the sheriff, deputy sheriffs, and other personnel and the expense of providing training for the sheriff, deputy sheriffs, and other personnel in the sheriffs' offices in the several counties of this State is significant. To defray the expense that the sheriff's office in each county experiences in acquiring and maintaining technological equipment and providing training for the sheriff's personnel, the clerk of the circuit court in each county shall collect a sheriff's office technology and training fee of $5. The fee shall be paid at the time of filing the first pleading, paper, or other appearance filed by each party in all civil cases, provided that no additional fee shall be required if more than one party is presented in a single pleading, paper, or other appearance. The fee shall be collected in the manner in which all other fees or costs are collected.

(b) Each clerk shall commence charges and collections of the sheriff's office technology and training fee upon the effective date of this amendatory Act of the 97th General Assembly.

(c) The sheriff's office technology and training fee shall be in addition to other fees and charges of the clerk, shall be assessable as costs, and may be waived only if the judge specifically provides for the waiver of the sheriff's office technology and training fee. The fees shall be remitted monthly by the clerk to the county treasurer, to be retained by the treasurer in a special fund designated as the Sheriff's Office Technology and Training Fund. The fund shall be audited by the county auditor, and the sheriff shall make expenditures from the fund in payment of any costs relative to the acquisition of technology hardware such as radios, computers, video-recording equipment, audio-visual equipment, or other technological equipment; software costs; research and development costs; the costs of the training of sheriff's office personnel for any function; and any personnel related to this technology or training.

(d) A sheriff's office technology and training fee shall not be charged in any matter coming to the clerk on change of venue or in any proceeding to review the decision of any administrative officer, agency, or body.