97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2742

 

Introduced 1/18/2012, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.3c  from Ch. 25, par. 27.3c

    Amends the Clerks of Courts Act. Makes a technical change in a Section concerning various fees.


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A BILL FOR

 

SB2742LRB097 16214 AJO 61367 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clerks of Courts Act is amended by changing
5Section 27.3c as follows:
 
6    (705 ILCS 105/27.3c)  (from Ch. 25, par. 27.3c)
7    Sec. 27.3c. Document storage system.
8    (a) The The expense of establishing and maintaining a
9document storage system in the offices of the circuit court
10clerks in the several counties of this State shall be borne by
11the county. To defray the expense in any county that elects to
12establish a document storage system and convert the records of
13the circuit court clerk to electronic or micrographic storage,
14the county board may require the clerk of the circuit court in
15its county to collect a court document fee of not less than $1
16nor more than $15, to be charged and collected by the clerk of
17the court. The fee shall be paid at the time of filing the
18first pleading, paper, or other appearance filed by each party
19in all civil cases or by the defendant in any felony,
20misdemeanor, traffic, ordinance, or conservation matter on a
21judgment of guilty or grant of supervision, provided that the
22document storage system is in place or has been authorized by
23the county board and further that no additional fee shall be

 

 

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1required if more than one party is presented in a single
2pleading, paper, or other appearance. The fee shall be
3collected in the manner in which all other fees or costs are
4collected.
5    (b) Each clerk shall commence charges and collections of a
6court document fee upon receipt of written notice from the
7chairman of the county board together with a certified copy of
8the board's resolution, which the clerk shall file of record in
9his or her office.
10    (c) Court document fees shall be in addition to other fees
11and charges of the clerk, shall be assessable as costs, and may
12be waived only if the judge specifically provides for the
13waiver of the court document storage fee. The fees shall be
14remitted monthly by the clerk to the county treasurer, to be
15retained by the treasurer in a special fund designated as the
16Court Document Storage Fund. The fund shall be audited by the
17county auditor, and the board shall make expenditures from the
18fund in payment of any costs relative to the storage of court
19records, including hardware, software, research and
20development costs, and related personnel, provided that the
21expenditure is approved by the clerk of the circuit court.
22    (d) A court document fee shall not be charged in any matter
23coming to the clerk on change of venue or in any proceeding to
24review the decision of any administrative officer, agency, or
25body.
26(Source: P.A. 94-596, eff. 1-1-06.)