HB0891 94TH GENERAL ASSEMBLY

LRB094 07392 LCB 37551 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0891

Introduced 2/2/2005, by Rep. John J. Millner

SYNOPSIS AS INTRODUCED:

705 ILCS 105/27.3a

from Ch. 25, par. 27.3a

Amends the Clerks of Courts Act. Provides that a county board may authorize the clerk in its county to charge and collect an additional $2 automation fee for use by the State's Attorney of the county to defray its office expenses relating to the automation of court records. Provides that costs allowed to be paid from the additional $2 fee collected include hardware, software, research and development costs and personnel expenses related thereto, provided that the expenditure is requested and approved by the State's Attorney and by the county board.

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 changing Section 27.3a as follows:

(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)

Sec. 27.3a. Fees for automated record keeping.

1. The expense of establishing and maintaining automated record keeping systems in the offices of the clerks of the circuit court shall be borne by the county. To defray such expense in any county having established such an automated system or which elects to establish such a system, the county board may require the clerk of the circuit court in their county to charge and collect a court automation fee of not less than $1 nor more than $5 to be charged and collected by the clerk of the court. A county board may authorize the clerk in its county to charge and collect an additional $2 automation fee for use by the State's Attorney of the county to defray its office expenses relating to the automation of court records. Such fee shall be paid at the time of filing the first pleading, paper or other appearance filed by each party in all civil cases or by the defendant in any felony, traffic, misdemeanor, municipal ordinance, or conservation case upon a judgment of guilty or grant of supervision, provided that the record keeping system which processes the case category for which the fee is charged is automated or has been approved for automation by the county board, and provided further that no additional fee shall be required if more than one party is presented in a single pleading, paper or other appearance. Such fee shall be collected in the manner in which all other fees or costs are collected.

2. Each clerk shall commence such charges and collections upon receipt of written notice from the chairman of the county board together with a certified copy of the board's resolution, which the clerk shall file of record in his office.

3. Such fees shall be in addition to all other fees and charges of such clerks, and assessable as costs, and may be waived only if the judge specifically provides for the waiver of the court automation fee. The fees shall be remitted monthly by such clerk to the county treasurer, to be retained by him in a special fund designated as the court automation fund. The fund shall be audited by the county auditor, and the board shall make expenditure from the fund in payment of any cost, including costs incurred by the clerk of the circuit court and the State's Attorney that are related to the automation of court records and the operation and maintenance of the courts. Costs allowed to be paid from funds collected under this Section for the use of the clerk include , including hardware, software, research and development costs and personnel related thereto, provided that the expenditure is approved by the clerk of the court, and by the chief judge of the circuit court or his designate, and by the county board. Costs allowed to be paid from the additional $2 fee authorized by this amendatory Act of the 94th General Assembly and collected under this Section for use by the State's Attorney include hardware, software, research and development costs and personnel expenses related thereto, provided that the expenditure is requested and approved by the State's Attorney and by the county board.

4. Such fees shall not be charged in any matter coming to any such clerk on change of venue, nor in any proceeding to review the decision of any administrative officer, agency or body.

(Source: P.A. 87-669; 87-670; 87-671; 87-838; 87-1230.)