SB1703 EngrossedLRB097 05499 RLC 45559 b

1    AN ACT concerning fees.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Sections 5.786 and 6z-87 as follows:
 
6    (30 ILCS 105/5.786 new)
7    Sec. 5.786. The Conservation Police Operations Assistance
8Fund.
 
9    (30 ILCS 105/6z-87 new)
10    Sec. 6z-87. Conservation Police Operations Assistance
11Fund.
12    (a) There is created in the State treasury a special fund
13known as the Conservation Police Operations Assistance Fund.
14The Fund shall receive revenue pursuant to Section 27.3a of the
15Clerks of Courts Act. The Fund may also receive revenue from
16grants, donations, appropriations, and any other legal source.
17    (b) The Department of Natural Resources may use moneys in
18the Fund to support any lawful operations of the Illinois
19Conservation Police.
20    (c) Expenditures may be made from the Fund only as
21appropriated by the General Assembly by law.
22    (d) Investment income that is attributable to the

 

 

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1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3    (e) The Conservation Police Operations Assistance Fund
4shall not be subject to administrative chargebacks.
 
5    Section 10. The Clerks of Courts Act is amended by changing
6Section 27.3a as follows:
 
7    (705 ILCS 105/27.3a)  (from Ch. 25, par. 27.3a)
8    Sec. 27.3a. Fees for automated record keeping and State and
9Conservation Police 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 $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
24processes the case category for which the fee is charged is

 

 

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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, or conservation case upon a judgment of guilty or
15grant of supervision. This fee shall not be paid by the
16defendant for any conservation violation listed in subsection
171.6 of this Section.
18    1.6. Starting on the effective date of this amendatory Act
19of the 97th General Assembly, a clerk of the circuit court in
20any county that imposes a fee pursuant to subsection 1 of this
21Section shall charge and collect an additional fee in an amount
22equal to the amount of the fee imposed pursuant to subsection 1
23of this Section. This additional fee shall be paid by the
24defendant upon a judgment of guilty or grant of supervision for
25a conservation violation under the State Parks Act, the
26Recreational Trails of Illinois Act, the Illinois Explosives

 

 

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1Act, the Timber Buyers Licensing Act, the Forest Products
2Transportation Act, the Firearm Owners Identification Card
3Act, the Environmental Protection Act, the Fish and Aquatic
4Life Code, the Wildlife Code, the Cave Protection Act, the
5Illinois Exotic Weed Act, the Illinois Forestry Development
6Act, the Ginseng Harvesting Act, the Illinois Lake Management
7Program Act, the Illinois Natural Areas Preservation Act, the
8Illinois Open Land Trust Act, the Open Space Lands Acquisition
9and Development Act, the Illinois Prescribed Burning Act, the
10State Forest Act, the Water Use Act of 1983, the Illinois Youth
11and Young Adult Employment Act of 1986, the Snowmobile
12Registration and Safety Act, the Boat Registration and Safety
13Act, the Illinois Dangerous Animals Act, the Hunter and
14Fishermen Interference Prohibition Act, the Wrongful Tree
15Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
1611-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
17the 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

 

 

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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 fee imposed under
22subsection 1.6 of this Section, the fee shall be remitted by
23the circuit clerk to the State Treasurer within one month after
24receipt for deposit into the Conservation Police Operations
25Assistance Fund.
26(Source: P.A. 96-1029, eff. 7-13-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect July 1,
22012.