Rep. Lisa M. Dugan

Filed: 3/8/2011

 

 


 

 


 
09700HB3346ham001LRB097 10888 PJG 52320 a

1
AMENDMENT TO HOUSE BILL 3346

2    AMENDMENT NO. ______. Amend House Bill 3346 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1law enforcement, airborne, and terrorism operations as
2approved by the ILEAS Executive Board with 33.3% of the revenue
3used for air support programs.
4    (c) Expenditures may be made from the Fund only as
5appropriated by the General Assembly by law.
6    (d) Investment income that is attributable to the
7investment of moneys in the Fund shall be retained in the Fund
8for the uses specified in this Section.
9    (e) The Illinois Law Enforcement Alarm Systems Fund shall
10not be subject to administrative chargebacks.
 
11    Section 10. The Clerks of Courts Act is amended by changing
12Section 27.3a as follows:
 
13    (705 ILCS 105/27.3a)  (from Ch. 25, par. 27.3a)
14    Sec. 27.3a. Fees for automated record keeping and State
15Police operations.
16    1. The expense of establishing and maintaining automated
17record keeping systems in the offices of the clerks of the
18circuit court shall be borne by the county. To defray such
19expense in any county having established such an automated
20system or which elects to establish such a system, the county
21board may require the clerk of the circuit court in their
22county to charge and collect a court automation fee of not less
23than $1 nor more than $15 to be charged and collected by the
24clerk of the court. Such fee shall be paid at the time of

 

 

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1filing the first pleading, paper or other appearance filed by
2each party in all civil cases or by the defendant in any
3felony, traffic, misdemeanor, municipal ordinance, or
4conservation case upon a judgment of guilty or grant of
5supervision, provided that the record keeping system which
6processes the case category for which the fee is charged is
7automated or has been approved for automation by the county
8board, and provided further that no additional fee shall be
9required if more than one party is presented in a single
10pleading, paper or other appearance. Such fee shall be
11collected in the manner in which all other fees or costs are
12collected.
13    1.5. Starting on the effective date of this amendatory Act
14of the 96th General Assembly, a clerk of the circuit court in
15any county that imposes a fee pursuant to subsection 1 of this
16Section, shall charge and collect an additional fee in an
17amount equal to the amount of the fee imposed pursuant to
18subsection 1 of this Section. This additional fee shall be paid
19by the defendant in any felony, traffic, misdemeanor, local
20ordinance, or conservation case upon a judgment of guilty or
21grant of supervision.
22    2. With respect to the fee imposed under subsection 1 of
23this Section, each clerk shall commence such charges and
24collections upon receipt of written notice from the chairman of
25the county board together with a certified copy of the board's
26resolution, which the clerk shall file of record in his office.

 

 

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1    3. With respect to the fee imposed under subsection 1 of
2this Section, such fees shall be in addition to all other fees
3and charges of such clerks, and assessable as costs, and may be
4waived only if the judge specifically provides for the waiver
5of the court automation fee. The fees shall be remitted monthly
6by such clerk to the county treasurer, to be retained by him in
7a special fund designated as the court automation fund. The
8fund shall be audited by the county auditor, and the board
9shall make expenditure from the fund in payment of any cost
10related to the automation of court records, including hardware,
11software, research and development costs and personnel related
12thereto, provided that the expenditure is approved by the clerk
13of the court and by the chief judge of the circuit court or his
14designate.
15    4. With respect to the fee imposed under subsection 1 of
16this Section, such fees shall not be charged in any matter
17coming to any such clerk on change of venue, nor in any
18proceeding to review the decision of any administrative
19officer, agency or body.
20    5. With respect to the additional fee imposed under
21subsection 1.5 of this Section, the fee shall be remitted by
22the circuit clerk to the State Treasurer within one month after
23receipt for deposit into the State Police Operations Assistance
24Fund.
25    6. With respect to the additional fees imposed under
26subsection 1.5 of this Section, the Director of State Police

 

 

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1may direct the use of these fees for homeland security purposes
2by transferring these fees on a quarterly basis from the State
3Police Operations Assistance Fund into the Illinois Law
4Enforcement Alarm Systems (ILEAS) Fund for homeland security
5initiatives programs. The transferred fees shall be allocated,
6subject to the approval of the ILEAS Executive Board, as
7follows: (i) 66.6% shall be used for homeland security
8initiatives and (ii) 33.3% shall be used for airborne
9operations. The ILEAS Executive Board shall annually supply the
10Director of State Police with a report of the use of these
11fees.
12(Source: P.A. 96-1029, eff. 7-13-10.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".