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91_HB4139
LRB9111735RCmg
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 27.3a and 27.3c.
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 Sections 27.3a and 27.3c 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 $10 $5 to be charged and collected
17 by the clerk of the court. Such fee shall be paid at the
18 time of filing the first pleading, paper or other appearance
19 filed by each party in all civil cases or by the defendant in
20 any 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. 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
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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.)
22 (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
23 Sec. 27.3c. Document storage system.
24 (a) The expense of establishing and maintaining a
25 document storage system in the offices of the circuit court
26 clerks in the several counties of this State shall be borne
27 by the county. To defray the expense in any county that
28 elects to establish a document storage system and convert the
29 records of the circuit court clerk to electronic or
30 micrographic storage, the county board may require the clerk
31 of the circuit court in its county to collect a court
32 document fee of not less than $1 nor more than $10 $5, to be
33 charged and collected by the clerk of the court. The fee
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1 shall be paid at the time of filing the first pleading,
2 paper, or other appearance filed by each party in all civil
3 cases or by the defendant in any felony, misdemeanor,
4 traffic, ordinance, or conservation matter on a judgment of
5 guilty or grant of supervision, provided that the document
6 storage system is in place or has been authorized by the
7 county board and further that no additional fee shall be
8 required if more than one party is presented in a single
9 pleading, paper, or other appearance. The fee shall be
10 collected in the manner in which all other fees or costs are
11 collected. The court document fee provided in this
12 subsection (a) shall not apply to any petty offense moving
13 violation written by a municipal police department in
14 counties having a population of more than 650,000 but less
15 than 3,000,000 inhabitants whether written under the Illinois
16 Vehicle Code or under any municipal ordinance.
17 (b) Each clerk shall commence charges and collections of
18 a court document fee upon receipt of written notice from the
19 chairman of the county board together with a certified copy
20 of the board's resolution, which the clerk shall file of
21 record in his or her office.
22 (c) Court document fees shall be in addition to other
23 fees and charges of the clerk, shall be assessable as costs,
24 and may be waived only if the judge specifically provides for
25 the waiver of the court document storage fee. The fees shall
26 be remitted monthly by the clerk to the county treasurer, to
27 be retained by the treasurer in a special fund designated as
28 the Court Document Storage Fund. The fund shall be audited
29 by the county auditor, and the board shall make expenditures
30 from the fund in payment of any costs relative to the storage
31 of court records, including hardware, software, research and
32 development costs, and related personnel, provided that the
33 expenditure is approved by the clerk of the circuit court.
34 (d) A court document fee shall not be charged in any
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1 matter coming to the clerk on change of venue or in any
2 proceeding to review the decision of any administrative
3 officer, agency, or body.
4 (Source: P.A. 86-1386; 87-670.)