HB3346 EnrolledLRB097 10888 KMW 51414 b

1    AN ACT concerning finance.
 
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 Illinois Law Enforcement Alarm Systems
8Fund.
 
9    (30 ILCS 105/6z-87 new)
10    Sec. 6z-87. Illinois Law Enforcement Alarm Systems Fund.
11    (a) There is created in the State treasury a special fund
12known as the Illinois Law Enforcement Alarm Systems (ILEAS)
13Fund. The Fund may also receive revenue from grants, donations,
14appropriations, and any other legal source.
15    (b) Moneys in the Fund may be used to finance support for
16law enforcement, airborne, and terrorism operations as
17approved by the ILEAS Executive Board with 33.3% of the revenue
18used for air support programs.
19    (c) Expenditures may be made from the Fund only as
20appropriated by the General Assembly by law.
21    (d) Investment income that is attributable to the
22investment of moneys in the Fund shall be retained in the Fund

 

 

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1for the uses specified in this Section.
2    (e) The Illinois Law Enforcement Alarm Systems Fund shall
3not be subject to administrative chargebacks.
 
4    Section 10. The Clerks of Courts Act is amended by changing
5Section 27.3a as follows:
 
6    (705 ILCS 105/27.3a)  (from Ch. 25, par. 27.3a)
7    Sec. 27.3a. Fees for automated record keeping and State
8Police operations.
9    1. The expense of establishing and maintaining automated
10record keeping systems in the offices of the clerks of the
11circuit court shall be borne by the county. To defray such
12expense in any county having established such an automated
13system or which elects to establish such a system, the county
14board may require the clerk of the circuit court in their
15county to charge and collect a court automation fee of not less
16than $1 nor more than $15 to be charged and collected by the
17clerk of the court. Such fee shall be paid at the time of
18filing the first pleading, paper or other appearance filed by
19each party in all civil cases or by the defendant in any
20felony, traffic, misdemeanor, municipal ordinance, or
21conservation case upon a judgment of guilty or grant of
22supervision, provided that the record keeping system which
23processes the case category for which the fee is charged is
24automated or has been approved for automation by the county

 

 

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1board, and provided further that no additional fee shall be
2required if more than one party is presented in a single
3pleading, paper or other appearance. Such fee shall be
4collected in the manner in which all other fees or costs are
5collected.
6    1.5. Starting on the effective date of this amendatory Act
7of the 96th General Assembly, a clerk of the circuit court in
8any county that imposes a fee pursuant to subsection 1 of this
9Section, shall charge and collect an additional fee in an
10amount equal to the amount of the fee imposed pursuant to
11subsection 1 of this Section. This additional fee shall be paid
12by the defendant in any felony, traffic, misdemeanor, local
13ordinance, or conservation case upon a judgment of guilty or
14grant of supervision.
15    2. With respect to the fee imposed under subsection 1 of
16this Section, each clerk shall commence such charges and
17collections upon receipt of written notice from the chairman of
18the county board together with a certified copy of the board's
19resolution, which the clerk shall file of record in his office.
20    3. With respect to the fee imposed under subsection 1 of
21this Section, such fees shall be in addition to all other fees
22and charges of such clerks, and assessable as costs, and may be
23waived only if the judge specifically provides for the waiver
24of the court automation fee. The fees shall be remitted monthly
25by such clerk to the county treasurer, to be retained by him in
26a special fund designated as the court automation fund. The

 

 

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1fund shall be audited by the county auditor, and the board
2shall make expenditure from the fund in payment of any cost
3related to the automation of court records, including hardware,
4software, research and development costs and personnel related
5thereto, provided that the expenditure is approved by the clerk
6of the court and by the chief judge of the circuit court or his
7designate.
8    4. With respect to the fee imposed under subsection 1 of
9this Section, such fees shall not be charged in any matter
10coming to any such clerk on change of venue, nor in any
11proceeding to review the decision of any administrative
12officer, agency or body.
13    5. With respect to the additional fee imposed under
14subsection 1.5 of this Section, the fee shall be remitted by
15the circuit clerk to the State Treasurer within one month after
16receipt for deposit into the State Police Operations Assistance
17Fund.
18    6. With respect to the additional fees imposed under
19subsection 1.5 of this Section, the Director of State Police
20may direct the use of these fees for homeland security purposes
21by transferring these fees on a quarterly basis from the State
22Police Operations Assistance Fund into the Illinois Law
23Enforcement Alarm Systems (ILEAS) Fund for homeland security
24initiatives programs. The transferred fees shall be allocated,
25subject to the approval of the ILEAS Executive Board, as
26follows: (i) 66.6% shall be used for homeland security

 

 

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1initiatives and (ii) 33.3% shall be used for airborne
2operations. The ILEAS Executive Board shall annually supply the
3Director of State Police with a report of the use of these
4fees.
5(Source: P.A. 96-1029, eff. 7-13-10.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.