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Public Act 097-0453 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding | ||||
Sections 5.786 and 6z-87 as follows: | ||||
(30 ILCS 105/5.786 new) | ||||
Sec. 5.786. The Illinois Law Enforcement Alarm Systems | ||||
Fund. | ||||
(30 ILCS 105/6z-87 new) | ||||
Sec. 6z-87. Illinois Law Enforcement Alarm Systems Fund. | ||||
(a) There is created in the State treasury a special fund
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known as the Illinois Law Enforcement Alarm Systems (ILEAS) | ||||
Fund. The Fund may also receive revenue from grants,
donations, | ||||
appropriations, and any other legal source. | ||||
(b) Moneys in the
Fund may be used to finance support for | ||||
law enforcement, airborne, and terrorism operations as | ||||
approved by the ILEAS Executive Board with 33.3% of the revenue | ||||
used for air support programs. | ||||
(c) Expenditures may be made from the Fund only as
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appropriated by the General Assembly by law. | ||||
(d) Investment income that is attributable to the
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investment of moneys in the Fund shall be retained in the Fund
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for the uses specified in this Section. | ||
(e) The Illinois Law Enforcement Alarm Systems Fund shall | ||
not
be subject to administrative chargebacks. | ||
Section 10. The Clerks of Courts Act is amended by changing | ||
Section 27.3a as follows:
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(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
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Sec. 27.3a. Fees for automated record keeping and State | ||
Police operations.
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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 $15 to be charged and collected by the | ||
clerk of the court.
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.
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1.5. Starting on the effective date of this amendatory Act | ||
of the 96th General Assembly, a clerk of the circuit court in | ||
any county that imposes a fee pursuant to subsection 1 of this | ||
Section, shall charge and collect an additional fee in an | ||
amount equal to the amount of the fee imposed pursuant to | ||
subsection 1 of this Section. This additional fee shall be paid | ||
by the defendant in any felony, traffic, misdemeanor, local | ||
ordinance, or conservation case upon a judgment of guilty or | ||
grant of supervision. | ||
2. With respect to the fee imposed under subsection 1 of | ||
this Section, 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.
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3. With respect to the fee imposed under subsection 1 of | ||
this Section, 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 | ||
related to the automation
of court records, 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.
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4. With respect to the fee imposed under subsection 1 of | ||
this Section, 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.
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5. With respect to the additional fee imposed under | ||
subsection 1.5 of this Section, the fee shall be remitted by | ||
the circuit clerk to the State Treasurer within one month after | ||
receipt for deposit into the State Police Operations Assistance | ||
Fund. | ||
6. With respect to the additional fees imposed under | ||
subsection 1.5 of this Section, the Director of State Police | ||
may direct the use of these fees for homeland security purposes | ||
by transferring these fees on a quarterly basis from the State | ||
Police Operations Assistance Fund into the Illinois Law | ||
Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||
initiatives programs. The transferred fees shall be allocated, | ||
subject to the approval of the ILEAS Executive Board, as | ||
follows: (i) 66.6% shall be used for homeland security |
initiatives and (ii) 33.3% shall be used for airborne | ||
operations. The ILEAS Executive Board shall annually supply the | ||
Director of State Police with a report of the use of these | ||
fees. | ||
(Source: P.A. 96-1029, eff. 7-13-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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