Full Text of HB3346 97th General Assembly
HB3346eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Sections 5.786 and 6z-87 as follows: | 6 | | (30 ILCS 105/5.786 new) | 7 | | Sec. 5.786. The Illinois Law Enforcement Alarm Systems | 8 | | Fund. | 9 | | (30 ILCS 105/6z-87 new) | 10 | | Sec. 6z-87. Illinois Law Enforcement Alarm Systems Fund. | 11 | | (a) There is created in the State treasury a special fund
| 12 | | known as the Illinois Law Enforcement Alarm Systems (ILEAS) | 13 | | Fund. The Fund may also receive revenue from grants,
donations, | 14 | | appropriations, and any other legal source. | 15 | | (b) Moneys in the
Fund may be used to finance support for | 16 | | law enforcement, airborne, and terrorism operations as | 17 | | approved by the ILEAS Executive Board with 33.3% of the revenue | 18 | | used for air support programs. | 19 | | (c) Expenditures may be made from the Fund only as
| 20 | | appropriated by the General Assembly by law. | 21 | | (d) Investment income that is attributable to the
| 22 | | investment of moneys in the Fund shall be retained in the Fund
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| 1 | | for the uses specified in this Section. | 2 | | (e) The Illinois Law Enforcement Alarm Systems Fund shall | 3 | | not
be subject to administrative chargebacks. | 4 | | Section 10. The Clerks of Courts Act is amended by changing | 5 | | Section 27.3a as follows:
| 6 | | (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
| 7 | | Sec. 27.3a. Fees for automated record keeping and State | 8 | | Police operations.
| 9 | | 1. The expense of establishing and maintaining automated | 10 | | record
keeping systems in the offices of the clerks of the | 11 | | circuit court shall
be borne by the county. To defray such | 12 | | expense in any county having
established such an automated | 13 | | system or which elects to establish such a
system, the county | 14 | | board may require the clerk of the circuit court in
their | 15 | | county to charge and collect a court automation fee of not less | 16 | | than
$1 nor more than $15 to be charged and collected by the | 17 | | clerk of the court.
Such fee shall be paid at the time of | 18 | | filing the first pleading, paper or
other appearance filed by | 19 | | each party in all civil cases or by the defendant
in any | 20 | | felony, traffic, misdemeanor, municipal ordinance, or | 21 | | conservation
case upon a judgment of guilty or grant of | 22 | | supervision, provided that
the record keeping system which | 23 | | processes the case
category for which the fee is charged is | 24 | | automated or has been approved for
automation by the county |
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| 1 | | board, and provided further that no additional fee
shall be | 2 | | required if more than one party is presented in a single | 3 | | pleading,
paper or other appearance. Such fee shall be | 4 | | collected in the manner in
which all other fees or costs are | 5 | | collected.
| 6 | | 1.5. Starting on the effective date of this amendatory Act | 7 | | of the 96th General Assembly, a clerk of the circuit court in | 8 | | any county that imposes a fee pursuant to subsection 1 of this | 9 | | Section, shall charge and collect an additional fee in an | 10 | | amount equal to the amount of the fee imposed pursuant to | 11 | | subsection 1 of this Section. This additional fee shall be paid | 12 | | by the defendant in any felony, traffic, misdemeanor, local | 13 | | ordinance, or conservation case upon a judgment of guilty or | 14 | | grant of supervision. | 15 | | 2. With respect to the fee imposed under subsection 1 of | 16 | | this Section, each clerk shall commence such charges and | 17 | | collections upon receipt
of written notice from the chairman of | 18 | | the county board together with a
certified copy of the board's | 19 | | resolution, which the clerk shall file of
record in his office.
| 20 | | 3. With respect to the fee imposed under subsection 1 of | 21 | | this Section, such fees shall be in addition to all other fees | 22 | | and charges of such
clerks, and assessable as costs, and may be | 23 | | waived only if the judge
specifically provides for the waiver | 24 | | of the court automation fee. The
fees shall be remitted monthly | 25 | | by such clerk to the county treasurer, to be
retained by him in | 26 | | a special fund designated as the court automation fund.
The |
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| 1 | | fund shall be audited by the county auditor, and the board | 2 | | shall make
expenditure from the fund in payment of any cost | 3 | | related to the automation
of court records, including hardware, | 4 | | software, research and development
costs and personnel related | 5 | | thereto, provided that the expenditure is
approved by the clerk | 6 | | of the court and by the chief judge of the circuit
court or his | 7 | | designate.
| 8 | | 4. With respect to the fee imposed under subsection 1 of | 9 | | this Section, such fees shall not be charged in any matter | 10 | | coming to any such clerk
on change of venue, nor in any | 11 | | proceeding to review the decision of any
administrative | 12 | | officer, agency or body.
| 13 | | 5. With respect to the additional fee imposed under | 14 | | subsection 1.5 of this Section, the fee shall be remitted by | 15 | | the circuit clerk to the State Treasurer within one month after | 16 | | receipt for deposit into the State Police Operations Assistance | 17 | | Fund. | 18 | | 6. With respect to the additional fees imposed under | 19 | | subsection 1.5 of this Section, the Director of State Police | 20 | | may direct the use of these fees for homeland security purposes | 21 | | by transferring these fees on a quarterly basis from the State | 22 | | Police Operations Assistance Fund into the Illinois Law | 23 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security | 24 | | initiatives programs. The transferred fees shall be allocated, | 25 | | subject to the approval of the ILEAS Executive Board, as | 26 | | follows: (i) 66.6% shall be used for homeland security |
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| 1 | | initiatives and (ii) 33.3% shall be used for airborne | 2 | | operations. The ILEAS Executive Board shall annually supply the | 3 | | Director of State Police with a report of the use of these | 4 | | fees. | 5 | | (Source: P.A. 96-1029, eff. 7-13-10.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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