94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3659


 
Introduced 02/24/05, by Rep. Marlow H. Colvin
 
SYNOPSIS AS INTRODUCED:
 		













705 ILCS 105/27.3c
  from Ch. 25, par. 27.3c








    Amends the Clerks of Courts
Act.  Makes a technical change in a Section concerning various fees.
















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A BILL FOR









 











HB3659

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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 
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Section 27.3c as follows:
 



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    (705 ILCS 105/27.3c)  (from Ch. 25, par. 27.3c)



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    Sec. 27.3c. Document storage system. 

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    (a) The
The expense of establishing and maintaining a 
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document storage
system in the offices of the circuit court 
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clerks in the several counties
of this State shall be borne by 
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the county.  To defray the expense in any
county that elects to 
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establish a document storage system and convert the
records of 
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the circuit court clerk to electronic or micrographic storage,

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the county board may require the clerk of the circuit court in 
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its county
to collect a court document fee of not less than $1 
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nor more than $5, to
be charged and collected by the clerk of 
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the court.  The fee shall be paid
at the time of filing the 
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first pleading, paper, or other appearance filed
by each party 
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in all civil cases or by the defendant in any felony,

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misdemeanor, traffic, ordinance, or conservation matter on a 
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judgment of
guilty or grant of supervision, provided that the 
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document storage system
is in place or has been authorized by 
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the county board and further that no
additional fee shall be 
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required if more than one party is presented in a
single 
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pleading, paper, or other appearance.  The fee shall
be 
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collected in the manner in which all other fees or costs are

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collected.  The court document fee provided in this subsection 
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(a) shall
not apply to any petty offense moving violation 
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written by a municipal
police department in counties having a 
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population of more than 650,000 but
less than 3,000,000 
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inhabitants whether written under the Illinois Vehicle
Code or 
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under any municipal ordinance.
 


 






HB3659
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    (b) Each clerk shall commence charges and collections of a 
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court
document fee upon receipt of written notice from the 
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chairman of
the county board together with a certified copy of 
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the board's resolution,
which the clerk shall file of record in 
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his or her office.

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    (c) Court document fees shall be in addition to other fees 
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and charges
of the clerk, shall be assessable as costs, and may 
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be waived only if the
judge specifically provides for the 
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waiver of the court document storage
fee. The fees shall be 
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remitted monthly
by the clerk to the county treasurer, to be 
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retained by the treasurer in a
special fund designated as the 
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Court Document Storage Fund.  The fund shall
be audited by the 
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county auditor, and the board shall make expenditures
from the 
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fund in payment of any costs relative to the storage of court 
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records,
including hardware, software, research and 
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development costs, and related
personnel, provided that the 
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expenditure is approved by the clerk of the
circuit court.

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    (d) A court document fee shall not be charged in any matter 
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coming to
the clerk on change of venue or in any proceeding to 
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review the
decision of any administrative officer, agency, or 
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body.

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(Source: P.A. 86-1386; 87-670.)