97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5238

 

Introduced 2/8/2012, by Rep. John D'Amico

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.3a

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


LRB097 15100 AJO 60199 b

 

 

A BILL FOR

 

HB5238LRB097 15100 AJO 60199 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 27.3a as follows:
 
6    (705 ILCS 105/27.3a)
7    (Text of Section before amendment by P.A. 97-46)
8    Sec. 27.3a. Fees for automated record keeping and State
9Police operations.
10    1. The The expense of establishing and maintaining
11automated record keeping systems in the offices of the clerks
12of the circuit court shall be borne by the county. To defray
13such expense 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 $15 to be charged and collected by the
18clerk 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

 

 

HB5238- 2 -LRB097 15100 AJO 60199 b

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    1.5. Starting on the effective date of this amendatory Act
9of the 96th General Assembly, a clerk of the circuit court in
10any county that imposes a fee pursuant to subsection 1 of this
11Section, shall charge and collect an additional fee in an
12amount equal to the amount of the fee imposed pursuant to
13subsection 1 of this Section. This additional fee shall be paid
14by the defendant in any felony, traffic, misdemeanor, local
15ordinance, or conservation case upon a judgment of guilty or
16grant of supervision.
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

 

 

HB5238- 3 -LRB097 15100 AJO 60199 b

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,

 

 

HB5238- 4 -LRB097 15100 AJO 60199 b

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(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
 
8    (Text of Section after amendment by P.A. 97-46)
9    Sec. 27.3a. Fees for automated record keeping and State and
10Conservation Police operations.
11    1. The The expense of establishing and maintaining
12automated record keeping systems in the offices of the clerks
13of the circuit court shall be borne by the county. To defray
14such expense in any county having established such an automated
15system or which elects to establish such a system, the county
16board may require the clerk of the circuit court in their
17county to charge and collect a court automation fee of not less
18than $1 nor more than $15 to be charged and collected by the
19clerk of the court. Such fee shall be paid at the time of
20filing the first pleading, paper or other appearance filed by
21each party in all civil cases or by the defendant in any
22felony, traffic, misdemeanor, municipal ordinance, or
23conservation case upon a judgment of guilty or grant of
24supervision, provided that the record keeping system which
25processes the case category for which the fee is charged is

 

 

HB5238- 5 -LRB097 15100 AJO 60199 b

1automated or has been approved for automation by the county
2board, and provided further that no additional fee shall be
3required if more than one party is presented in a single
4pleading, paper or other appearance. Such fee shall be
5collected in the manner in which all other fees or costs are
6collected.
7    1.5. Starting on the effective date of this amendatory Act
8of the 96th General Assembly, a clerk of the circuit court in
9any county that imposes a fee pursuant to subsection 1 of this
10Section, shall charge and collect an additional fee in an
11amount equal to the amount of the fee imposed pursuant to
12subsection 1 of this Section. This additional fee shall be paid
13by the defendant in any felony, traffic, misdemeanor, or local
14ordinance case upon a judgment of guilty or grant of
15supervision. This fee shall not be paid by the defendant for
16any conservation violation listed in subsection 1.6 of this
17Section.
18    1.6. Starting on July 1, 2012 (the effective date of Public
19Act 97-46) this amendatory Act of the 97th General Assembly, a
20clerk of the circuit court in any county that imposes a fee
21pursuant to subsection 1 of this Section shall charge and
22collect an additional fee in an amount equal to the amount of
23the fee imposed pursuant to subsection 1 of this Section. This
24additional fee shall be paid by the defendant upon a judgment
25of guilty or grant of supervision for a conservation violation
26under the State Parks Act, the Recreational Trails of Illinois

 

 

HB5238- 6 -LRB097 15100 AJO 60199 b

1Act, the Illinois Explosives Act, the Timber Buyers Licensing
2Act, the Forest Products Transportation Act, the Firearm Owners
3Identification Card Act, the Environmental Protection Act, the
4Fish and Aquatic Life Code, the Wildlife Code, the Cave
5Protection Act, the Illinois Exotic Weed Act, the Illinois
6Forestry Development Act, the Ginseng Harvesting Act, the
7Illinois Lake Management Program Act, the Illinois Natural
8Areas Preservation Act, the Illinois Open Land Trust Act, the
9Open Space Lands Acquisition and Development Act, the Illinois
10Prescribed Burning Act, the State Forest Act, the Water Use Act
11of 1983, the Illinois Youth and Young Adult Employment Act of
121986, the Snowmobile Registration and Safety Act, the Boat
13Registration and Safety Act, the Illinois Dangerous Animals
14Act, the Hunter and Fishermen Interference Prohibition Act, the
15Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2,
1611-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or
1711-1427.5 of the Illinois Vehicle Code.
18    2. With respect to the fee imposed under subsection 1 of
19this Section, each clerk shall commence such charges and
20collections upon receipt of written notice from the chairman of
21the county board together with a certified copy of the board's
22resolution, which the clerk shall file of record in his office.
23    3. With respect to the fee imposed under subsection 1 of
24this Section, such fees shall be in addition to all other fees
25and charges of such clerks, and assessable as costs, and may be
26waived only if the judge specifically provides for the waiver

 

 

HB5238- 7 -LRB097 15100 AJO 60199 b

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

 

 

HB5238- 8 -LRB097 15100 AJO 60199 b

1initiatives programs. The transferred fees shall be allocated,
2subject to the approval of the ILEAS Executive Board, as
3follows: (i) 66.6% shall be used for homeland security
4initiatives and (ii) 33.3% shall be used for airborne
5operations. The ILEAS Executive Board shall annually supply the
6Director of State Police with a report of the use of these
7fees.
8    7. 6. With respect to the additional fee imposed under
9subsection 1.6 of this Section, the fee shall be remitted by
10the circuit clerk to the State Treasurer within one month after
11receipt for deposit into the Conservation Police Operations
12Assistance Fund.
13(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
1497-453, eff. 8-19-11; revised 10-4-11.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.