Full Text of HB5562 95th General Assembly
HB5562 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5562
Introduced , by Rep. Aaron Schock SYNOPSIS AS INTRODUCED: |
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705 ILCS 105/16 |
from Ch. 25, par. 16 |
705 ILCS 505/8 | from Ch. 37, par. 439.8 |
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Amends the Clerks of Courts Act. Provides that each clerk shall take appropriate actions to redact or otherwise prevent the release of an individual's social security number contained on a document or record maintained by the clerk before the document or record is inspected, examined, or copied by a person other than the clerk or a judge. Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against a circuit court clerk for damages in cases sounding in tort for the unauthorized release of a person's social security number in violation of the Clerks of Courts Act; provides that if there is an award, it shall be for treble damages, based on the amount of actual damages.
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A BILL FOR
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HB5562 |
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LRB095 17733 AJO 43809 b |
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| AN ACT concerning courts.
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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 Clerks of Courts Act is amended by changing | 5 |
| Section 16 as follows:
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| (705 ILCS 105/16) (from Ch. 25, par. 16)
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| Sec. 16. Records kept by the clerks of the circuit courts | 8 |
| are
subject to the provisions of "The Local Records Act", | 9 |
| approved
August 18, 1961, as amended.
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| Unless otherwise provided by rule or administrative order | 11 |
| of the Supreme
Court, the respective clerks of the circuit | 12 |
| courts shall keep in their
offices the following books:
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| 1. A general docket, upon which shall be entered all suits, | 14 |
| in the
order in which they are commenced.
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| 2. Two well-bound books, to be denominated "Plaintiff's | 16 |
| Index to
Court Records," and "Defendant's Index to Court | 17 |
| Records" to be ruled and
printed substantially in the following | 18 |
| manner:
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19 | | ....... |
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20 | | Plaintiffs |
Defendants |
Kind of |
Date |
Record |
Pages |
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21 | | |
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Action |
Commenced |
Book |
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22 | | ....... |
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23 | | ......
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HB5562 |
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LRB095 17733 AJO 43809 b |
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| 1 | | ........ |
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2 | | Date of |
Judgment |
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3 | | |
judgment |
docket |
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4 | | ....... |
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5 | | |
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Book Page |
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6 | | ....... |
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7 | | | | | Certificate | Satisfied |
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8 | | | Certificate | Certificate | of | or not | Number |
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9 | | |
of levy |
of sale |
redemption |
satisfied of case |
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10 | | ........ |
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11 | | Fee Book | Book Page | Book Page | Book Page | | |
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12 | | ....... |
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| All cases shall be entered in such books, in alphabetical | 14 |
| order, by the
name of each plaintiff and defendant. The books | 15 |
| shall set forth the names
of the parties, kind of action, date | 16 |
| commenced, the record books and pages
on which the cases are | 17 |
| recorded, the date of judgment, books and pages of
the judgment | 18 |
| dockets, fee book, certificates of levy, sale and redemption
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| records on which they are entered satisfied or not satisfied, | 20 |
| and number of
case. The defendant's index shall be ruled and | 21 |
| printed in the same manner
as the plaintiff's except the | 22 |
| parties shall be reversed.
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| 3. Proper books of record, with indices, showing the names
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| of all parties to any action or judgment therein recorded,
with | 25 |
| a reference to the page where it is recorded.
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| 4. A judgment docket, in which all final
judgments (except |
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HB5562 |
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LRB095 17733 AJO 43809 b |
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| child support orders as hereinafter provided) shall
be minuted | 2 |
| at the time they are entered, or within 60 days
thereafter in | 3 |
| alphabetical order, by the name of every person against whom
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| the judgment is entered, showing, in the proper columns ruled | 5 |
| for
that purpose, the names of the parties, the date, nature of | 6 |
| the judgment,
amount of the judgment and costs in separate | 7 |
| items,
for which it is issued, to whom issued, when returned, | 8 |
| and the manner of
its enforcement; a blank column shall be kept | 9 |
| in which
may be entered a note of the satisfaction or other | 10 |
| disposition of the judgment
or order and when satisfied by | 11 |
| enforcement or otherwise, or set aside or
enjoined; the clerk | 12 |
| shall enter a minute thereof in such column, showing
how | 13 |
| disposed of, the date and the book and page, where the evidence | 14 |
| thereof
is to be found. In the case of child support orders or | 15 |
| modifications of
such orders entered on or after May 1, 1987, | 16 |
| the clerk shall minute such
orders or modifications in the | 17 |
| manner and form provided herein but shall
not minute every | 18 |
| child support installment when due or every child support
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| payment when made. Such dockets may be searched by persons, at | 20 |
| all reasonable
times without fee.
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| 5. A fee book, in which shall be distinctly set down, in
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| items, the proper title of the cause and heads, the cost of | 23 |
| each action,
including clerk's, sheriff's and witness' fees, | 24 |
| stating the name
of each witness having claimed attendance in | 25 |
| respect of the trial
or hearing of such action with the number | 26 |
| of days attended. It shall
not be necessary to insert the cost |
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| in the judgment; but whenever an action is
determined and final | 2 |
| judgment entered, the costs of each party litigant
shall be | 3 |
| made up and entered in such fee book, which shall be considered | 4 |
| a
part of the record and judgment, subject, however, at all | 5 |
| times to be
corrected by the court; and the prevailing party | 6 |
| shall be considered as
having recovered judgment for the amount | 7 |
| of the costs so taxed in his or
her favor, and the same shall be | 8 |
| included in the certified copy of such
judgment, and a bill | 9 |
| thereof accompanying certified copy of the judgment.
If any | 10 |
| clerk shall issue a fee bill or a bill of costs,
with the | 11 |
| certified copy of the judgment without
first entering the same | 12 |
| in the fee book, or if any such bill
of costs or fee bill shall | 13 |
| be issued which shall not be in substance a copy
of the | 14 |
| recorded bill, the same shall be void. Any person having paid | 15 |
| such
bill of costs or fee bill, may recover from the clerk the | 16 |
| amount thereof,
with costs of the action, in any circuit court.
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| 6. Such other books of record and entry as are provided by | 18 |
| law, or
may be required in the proper performance of their | 19 |
| duties. Each clerk shall take appropriate actions to redact or | 20 |
| otherwise prevent the release of an individual's social | 21 |
| security number contained on a document or record maintained by | 22 |
| the clerk before the document or record is inspected, examined, | 23 |
| or copied by a person other than the clerk or a judge. All | 24 |
| records,
dockets and books required by law to be kept by such | 25 |
| clerks shall be deemed
public records, and shall at all times | 26 |
| be open to inspection without fee or
reward, and all persons |
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| shall have free access for inspection and
examination to such | 2 |
| records, docket and books, and also to all papers on
file in | 3 |
| the different clerks' offices and shall have the right to take
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| memoranda and abstracts thereto.
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| (Source: P.A. 85-1156 .)
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| Section 10. The Court of Claims Act is amended by changing | 7 |
| Section 8 as follows:
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| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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| Sec. 8. Court of Claims jurisdiction. The court shall have | 10 |
| exclusive
jurisdiction to hear and determine the following | 11 |
| matters:
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| (a) All claims against the State founded upon any law of | 13 |
| the State of
Illinois or upon any regulation adopted thereunder | 14 |
| by an executive or
administrative officer or agency; provided, | 15 |
| however, the court shall not have
jurisdiction (i) to hear or | 16 |
| determine claims arising under
the Workers' Compensation Act or | 17 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 18 |
| in civil litigation, or (ii) to review administrative
decisions | 19 |
| for which a statute provides that review shall be in the | 20 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 22 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 24 |
| in prisons
of this State where the persons imprisoned shall |
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| receive a pardon from
the governor stating that such pardon is | 2 |
| issued on the ground of
innocence of the crime for which they | 3 |
| were imprisoned; provided, the
court shall make no award in | 4 |
| excess of the following amounts: for
imprisonment of 5 years or | 5 |
| less, not more than $15,000; for imprisonment
of 14 years or | 6 |
| less but over 5 years, not more than $30,000; for
imprisonment | 7 |
| of over 14 years, not more than $35,000; and provided
further, | 8 |
| the court shall fix attorney's fees not to exceed 25% of the | 9 |
| award
granted. On December 31, 1996, the court shall make a | 10 |
| one-time adjustment in the maximum awards
authorized by this | 11 |
| subsection (c), to reflect the increase in the cost of
living | 12 |
| from the year in which these maximum awards were last adjusted | 13 |
| until
1996, but with no annual increment exceeding 5%. | 14 |
| Thereafter, the court shall
annually adjust the maximum awards | 15 |
| authorized by this subsection (c) to reflect
the increase, if | 16 |
| any, in the Consumer Price Index For All Urban Consumers for
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| the previous calendar year, as determined by the United States | 18 |
| Department of
Labor, except that no annual increment may exceed | 19 |
| 5%. For both the one-time
adjustment and the subsequent annual | 20 |
| adjustments, if the Consumer Price Index
decreases during a | 21 |
| calendar year, there shall be no adjustment for that
calendar | 22 |
| year. The changes made by Public Act 89-689 apply to all claims | 23 |
| filed on or after January 1, 1995 that
are pending on December | 24 |
| 31, 1996 and all claims filed on or after December 31, 1996.
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| (d) All claims against the State for damages in cases | 26 |
| sounding in tort, if
a like cause of action would lie against a |
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| private person or corporation in a
civil suit, and all like | 2 |
| claims sounding in tort against the Medical Center
Commission, | 3 |
| the Board of Trustees of the University of Illinois, the Board | 4 |
| of
Trustees of Southern Illinois University, the Board of | 5 |
| Trustees of Chicago
State University, the Board of Trustees of | 6 |
| Eastern Illinois University, the
Board of Trustees of Governors | 7 |
| State University, the Board of Trustees of
Illinois State | 8 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 10 |
| University, the Board
of Trustees of Western Illinois | 11 |
| University, or the Board of Trustees of the
Illinois | 12 |
| Mathematics and Science Academy; provided, that an award for | 13 |
| damages
in a case sounding in tort, other than certain cases | 14 |
| involving the operation
of a State vehicle described in this | 15 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 16 |
| benefit of
any claimant. The $100,000 limit prescribed by this | 17 |
| Section does not
apply to an award of damages in any case | 18 |
| sounding in tort arising out of
the operation by a State | 19 |
| employee of a vehicle owned, leased or
controlled by the State. | 20 |
| The defense that the State or the Medical
Center Commission or | 21 |
| the Board of Trustees of the University of Illinois, the
Board | 22 |
| of Trustees of Southern Illinois University, the Board of | 23 |
| Trustees of
Chicago State University, the Board of Trustees of | 24 |
| Eastern Illinois University,
the Board of Trustees of Governors | 25 |
| State University, the Board of Trustees of
Illinois State | 26 |
| University, the Board of Trustees of Northeastern Illinois
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HB5562 |
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| University, the Board of Trustees of Northern Illinois | 2 |
| University, the Board of
Trustees of Western Illinois | 3 |
| University, or the Board of Trustees of the
Illinois | 4 |
| Mathematics and Science Academy is not liable for the | 5 |
| negligence of
its officers, agents, and employees in the course | 6 |
| of their employment is not
applicable to the hearing and | 7 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 9 |
| against
any claimant.
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| (f) All claims pursuant to the Line of Duty Compensation
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| Act.
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| (g) All claims filed pursuant to the Crime Victims | 13 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 15 |
| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section | 17 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 18 |
| expenses incurred by a party in a
contested case on the | 19 |
| administrative level.
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| (j) All claims against a circuit court clerk for damages in | 21 |
| cases sounding in tort for the unauthorized release of a | 22 |
| person's social security number in violation of item 6 of | 23 |
| Section 16 of the Clerks of Courts Act; provided that an award | 24 |
| shall be for treble damages, based on the amount of actual | 25 |
| damages. | 26 |
| (Source: P.A. 93-1047, eff. 10-18-04.)
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