State of Illinois
90th General Assembly
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90_HB2873

      705 ILCS 105/27.3a        from Ch. 25, par. 27.3a
          Amends the Clerks  of  Courts  Act.   Makes  a  stylistic
      change  in  Section  relating  to  fees that the clerk of the
      court  may  charge  for  the  expense  of  establishing   and
      maintaining automated record keeping systems.
                                                     LRB9010963RCks
                                               LRB9010963RCks
 1        AN  ACT  to  amend  the  Clerks of Courts Act by changing
 2    Section 27.3a.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Clerks  of  Courts  Act  is amended by
 6    changing Section 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.
 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
16    less  than $1 nor more than $5 to be charged and collected by
17    the clerk of the court.  Such fee shall be paid at  the  time
18    of filing the first pleading, paper or other appearance filed
19    by  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
25    board,  and  provided further that no additional fee shall be
26    required if more than one party  is  presented  in  a  single
27    pleading,  paper  or other appearance.  The Such fee shall be
28    collected in the manner in which all other fees or costs  are
29    collected.
30        2.  Each   clerk   shall   commence   such   charges  and
31    collections upon receipt of written notice from the  chairman
                            -2-                LRB9010963RCks
 1    of  the  county  board  together with a certified copy of the
 2    board's resolution, which the clerk shall file of  record  in
 3    his office.
 4        3.  Such  fees shall be in addition to all other fees and
 5    charges of such clerks, and assessable as costs, and  may  be
 6    waived only if the judge specifically provides for the waiver
 7    of  the  court  automation  fee.   The fees shall be remitted
 8    monthly by such clerk to the county treasurer, to be retained
 9    by him in a special fund designated as the  court  automation
10    fund.    The fund shall be audited by the county auditor, and
11    the board shall make expenditure from the fund in payment  of
12    any   cost  related  to  the  automation  of  court  records,
13    including hardware, software, research and development  costs
14    and  personnel related thereto, provided that the expenditure
15    is approved by the clerk of the court and by the chief  judge
16    of the circuit court or his designate.
17        4.  Such  fees  shall not be charged in any matter coming
18    to any such clerk on change of venue, nor in  any  proceeding
19    to  review the decision of any administrative officer, agency
20    or body.
21    (Source: P.A. 87-669; 87-670; 87-671; 87-838; 87-1230.)

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