98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2327

 

Introduced , by Rep. Al Riley

 

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

    Amends the Clerks of Courts Act. Authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a court document fee of up to $25 (instead of $15).


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2327LRB098 08368 HEP 38473 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
5Sections 27.3a and 27.3c as follows:
 
6    (705 ILCS 105/27.3a)
7    Sec. 27.3a. Fees for automated record keeping, probation
8and court services operations, and State and Conservation
9Police operations.
10    1. The expense of establishing and maintaining automated
11record keeping systems in the offices of the clerks of the
12circuit court shall be borne by the county. To defray such
13expense in any county having established such an automated
14system or which elects to establish such a system, the county
15board may require the clerk of the circuit court in their
16county to charge and collect a court automation fee of not less
17than $1 nor more than $25 $15 to be charged and collected by
18the clerk of the court. Such fee shall be paid at the time of
19filing the first pleading, paper or other appearance filed by
20each party in all civil cases or by the defendant in any
21felony, traffic, misdemeanor, municipal ordinance, or
22conservation case upon a judgment of guilty or grant of
23supervision, provided that the record keeping system which

 

 

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1processes the case category for which the fee is charged is
2automated or has been approved for automation by the county
3board, and provided further that no additional fee shall be
4required if more than one party is presented in a single
5pleading, paper or other appearance. Such fee shall be
6collected in the manner in which all other fees or costs are
7collected.
8    1.1. Starting on July 6, 2012 (the effective date of Public
9Act 97-761) and pursuant to an administrative order from the
10chief judge of the circuit or the presiding judge of the county
11authorizing such collection, a clerk of the circuit court in
12any county that imposes a fee pursuant to subsection 1 of this
13Section shall also charge and collect an additional $10
14operations fee for probation and court services department
15operations.
16    This additional fee shall be paid by the defendant in any
17felony, traffic, misdemeanor, local ordinance, or conservation
18case upon a judgment of guilty or grant of supervision, except
19such $10 operations fee shall not be charged and collected in
20cases governed by Supreme Court Rule 529 in which the bail
21amount is $120 or less.
22    1.2. With respect to the fee imposed and collected under
23subsection 1.1 of this Section, each clerk shall transfer all
24fees monthly to the county treasurer for deposit into the
25probation and court services fund created under Section 15.1 of
26the Probation and Probation Officers Act, and such monies shall

 

 

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1be disbursed from the fund only at the direction of the chief
2judge of the circuit or another judge designated by the Chief
3Circuit Judge in accordance with the policies and guidelines
4approved by the Supreme Court.
5    1.5. Starting on the effective date of this amendatory Act
6of the 96th General Assembly, a clerk of the circuit court in
7any county that imposes a fee pursuant to subsection 1 of this
8Section, shall charge and collect an additional fee in an
9amount equal to the amount of the fee imposed pursuant to
10subsection 1 of this Section. This additional fee shall be paid
11by the defendant in any felony, traffic, misdemeanor, or local
12ordinance case upon a judgment of guilty or grant of
13supervision. This fee shall not be paid by the defendant for
14any conservation violation listed in subsection 1.6 of this
15Section.
16    1.6. Starting on July 1, 2012 (the effective date of Public
17Act 97-46), a clerk of the circuit court in any county that
18imposes a fee pursuant to subsection 1 of this Section shall
19charge and collect an additional fee in an amount equal to the
20amount of the fee imposed pursuant to subsection 1 of this
21Section. This additional fee shall be paid by the defendant
22upon a judgment of guilty or grant of supervision for a
23conservation violation under the State Parks Act, the
24Recreational Trails of Illinois Act, the Illinois Explosives
25Act, the Timber Buyers Licensing Act, the Forest Products
26Transportation Act, the Firearm Owners Identification Card

 

 

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1Act, the Environmental Protection Act, the Fish and Aquatic
2Life Code, the Wildlife Code, the Cave Protection Act, the
3Illinois Exotic Weed Act, the Illinois Forestry Development
4Act, the Ginseng Harvesting Act, the Illinois Lake Management
5Program Act, the Illinois Natural Areas Preservation Act, the
6Illinois Open Land Trust Act, the Open Space Lands Acquisition
7and Development Act, the Illinois Prescribed Burning Act, the
8State Forest Act, the Water Use Act of 1983, the Illinois
9Veteran, Youth, and Young Adult Conservation Jobs Act, the
10Snowmobile Registration and Safety Act, the Boat Registration
11and Safety Act, the Illinois Dangerous Animals Act, the Hunter
12and Fishermen Interference Prohibition Act, the Wrongful Tree
13Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
1411-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
15the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
16Criminal Code of 2012.
17    2. With respect to the fee imposed under subsection 1 of
18this Section, each clerk shall commence such charges and
19collections upon receipt of written notice from the chairman of
20the county board together with a certified copy of the board's
21resolution, which the clerk shall file of record in his office.
22    3. With respect to the fee imposed under subsection 1 of
23this Section, such fees shall be in addition to all other fees
24and charges of such clerks, and assessable as costs, and may be
25waived only if the judge specifically provides for the waiver
26of the court automation fee. The fees shall be remitted monthly

 

 

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1by such clerk to the county treasurer, to be retained by him in
2a special fund designated as the court automation fund. The
3fund shall be audited by the county auditor, and the board
4shall make expenditure from the fund in payment of any cost
5related to the automation of court records, including hardware,
6software, research and development costs and personnel related
7thereto, provided that the expenditure is approved by the clerk
8of the court and by the chief judge of the circuit court or his
9designate.
10    4. With respect to the fee imposed under subsection 1 of
11this Section, such fees shall not be charged in any matter
12coming to any such clerk on change of venue, nor in any
13proceeding to review the decision of any administrative
14officer, agency or body.
15    5. With respect to the additional fee imposed under
16subsection 1.5 of this Section, the fee shall be remitted by
17the circuit clerk to the State Treasurer within one month after
18receipt for deposit into the State Police Operations Assistance
19Fund.
20    6. With respect to the additional fees imposed under
21subsection 1.5 of this Section, the Director of State Police
22may direct the use of these fees for homeland security purposes
23by transferring these fees on a quarterly basis from the State
24Police Operations Assistance Fund into the Illinois Law
25Enforcement Alarm Systems (ILEAS) Fund for homeland security
26initiatives programs. The transferred fees shall be allocated,

 

 

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1subject to the approval of the ILEAS Executive Board, as
2follows: (i) 66.6% shall be used for homeland security
3initiatives and (ii) 33.3% shall be used for airborne
4operations. The ILEAS Executive Board shall annually supply the
5Director of State Police with a report of the use of these
6fees.
7    7. With respect to the additional fee imposed under
8subsection 1.6 of this Section, the fee shall be remitted by
9the circuit clerk to the State Treasurer within one month after
10receipt for deposit into the Conservation Police Operations
11Assistance Fund.
12(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
1397-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12;
1497-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1150, eff.
151-25-13.)
 
16    (705 ILCS 105/27.3c)  (from Ch. 25, par. 27.3c)
17    Sec. 27.3c. Document storage system.
18    (a) The expense of establishing and maintaining a document
19storage system in the offices of the circuit court clerks in
20the several counties of this State shall be borne by the
21county. To defray the expense in any county that elects to
22establish a document storage system and convert the records of
23the circuit court clerk to electronic or micrographic storage,
24the county board may require the clerk of the circuit court in
25its county to collect a court document fee of not less than $1

 

 

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1nor more than $25 $15, to be charged and collected by the clerk
2of the court. The fee shall be paid at the time of filing the
3first pleading, paper, or other appearance filed by each party
4in all civil cases or by the defendant in any felony,
5misdemeanor, traffic, ordinance, or conservation matter on a
6judgment of guilty or grant of supervision, provided that the
7document storage system is in place or has been authorized by
8the county board and further that no additional fee shall be
9required if more than one party is presented in a single
10pleading, paper, or other appearance. The fee shall be
11collected in the manner in which all other fees or costs are
12collected.
13    (b) Each clerk shall commence charges and collections of a
14court document fee upon receipt of written notice from the
15chairman of the county board together with a certified copy of
16the board's resolution, which the clerk shall file of record in
17his or her office.
18    (c) Court document fees shall be in addition to other fees
19and charges of the clerk, shall be assessable as costs, and may
20be waived only if the judge specifically provides for the
21waiver of the court document storage fee. The fees shall be
22remitted monthly by the clerk to the county treasurer, to be
23retained by the treasurer in a special fund designated as the
24Court Document Storage Fund. The fund shall be audited by the
25county auditor, and the board shall make expenditures from the
26fund in payment of any costs relative to the storage of court

 

 

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1records, including hardware, software, research and
2development costs, and related personnel, provided that the
3expenditure is approved by the clerk of the circuit court.
4    (d) A court document fee shall not be charged in any matter
5coming to the clerk on change of venue or in any proceeding to
6review the decision of any administrative officer, agency, or
7body.
8(Source: P.A. 94-596, eff. 1-1-06.)