| ||||
| Public Act 097-0046 | ||||
| ||||
| ||||
AN ACT concerning fees.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The State Finance Act is amended by adding | ||||
Sections 5.786 and 6z-87 as follows: | ||||
(30 ILCS 105/5.786 new) | ||||
Sec. 5.786. The Conservation Police Operations Assistance | ||||
Fund. | ||||
(30 ILCS 105/6z-87 new) | ||||
Sec. 6z-87. Conservation Police Operations Assistance | ||||
Fund. | ||||
(a) There is created in the State treasury a special fund | ||||
known as the Conservation Police Operations Assistance Fund. | ||||
The Fund shall receive revenue pursuant to Section 27.3a of the | ||||
Clerks of Courts Act. The Fund may also receive revenue from | ||||
grants, donations, appropriations, and any other legal source. | ||||
(b) The Department of Natural Resources may use moneys in | ||||
the Fund to support any lawful operations of the Illinois | ||||
Conservation Police. | ||||
(c) Expenditures may be made from the Fund only as | ||||
appropriated by the General Assembly by law. | ||||
(d) Investment income that is attributable to the | ||||
investment of moneys in the Fund shall be retained in the Fund | ||
for the uses specified in this Section. | ||
(e) The Conservation Police Operations Assistance Fund | ||
shall not be subject to administrative chargebacks. | ||
Section 10. The Clerks of Courts Act is amended by changing | ||
Section 27.3a as follows:
| ||
(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
| ||
Sec. 27.3a. Fees for automated record keeping and State and | ||
Conservation Police operations.
| ||
1. The expense of establishing and maintaining automated | ||
record
keeping systems in the offices of the clerks of the | ||
circuit court shall
be borne by the county. To defray such | ||
expense in any county having
established such an automated | ||
system or which elects to establish such a
system, the county | ||
board may require the clerk of the circuit court in
their | ||
county to charge and collect a court automation fee of not less | ||
than
$1 nor more than $15 to be charged and collected by the | ||
clerk of the court.
Such fee shall be paid at the time of | ||
filing the first pleading, paper or
other appearance filed by | ||
each party in all civil cases or by the defendant
in any | ||
felony, traffic, misdemeanor, municipal ordinance, or | ||
conservation
case upon a judgment of guilty or grant of | ||
supervision, provided that
the record keeping system which | ||
processes the case
category for which the fee is charged is | ||
automated or has been approved for
automation by the county | ||
board, and provided further that no additional fee
shall be | ||
required if more than one party is presented in a single | ||
pleading,
paper or other appearance. Such fee shall be | ||
collected in the manner in
which all other fees or costs are | ||
collected.
| ||
1.5. Starting on the effective date of this amendatory Act | ||
of the 96th General Assembly, a clerk of the circuit court in | ||
any county that imposes a fee pursuant to subsection 1 of this | ||
Section, shall charge and collect an additional fee in an | ||
amount equal to the amount of the fee imposed pursuant to | ||
subsection 1 of this Section. This additional fee shall be paid | ||
by the defendant in any felony, traffic, misdemeanor, or local | ||
ordinance, or conservation case upon a judgment of guilty or | ||
grant of supervision. This fee shall not be paid by the | ||
defendant for any conservation violation listed in subsection | ||
1.6 of this Section. | ||
1.6. Starting on the effective date of this amendatory Act | ||
of the 97th General Assembly, a clerk of the circuit court in | ||
any county that imposes a fee pursuant to subsection 1 of this | ||
Section shall charge and collect an additional fee in an amount | ||
equal to the amount of the fee imposed pursuant to subsection 1 | ||
of this Section. This additional fee shall be paid by the | ||
defendant upon a judgment of guilty or grant of supervision for | ||
a conservation violation under the State Parks Act, the | ||
Recreational Trails of Illinois Act, the Illinois Explosives | ||
Act, the Timber Buyers Licensing Act, the Forest Products | ||
Transportation Act, the Firearm Owners Identification Card | ||
Act, the Environmental Protection Act, the Fish and Aquatic | ||
Life Code, the Wildlife Code, the Cave Protection Act, the | ||
Illinois Exotic Weed Act, the Illinois Forestry Development | ||
Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||
Program Act, the Illinois Natural Areas Preservation Act, the | ||
Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||
and Development Act, the Illinois Prescribed Burning Act, the | ||
State Forest Act, the Water Use Act of 1983, the Illinois Youth | ||
and Young Adult Employment Act of 1986, the Snowmobile | ||
Registration and Safety Act, the Boat Registration and Safety | ||
Act, the Illinois Dangerous Animals Act, the Hunter and | ||
Fishermen Interference Prohibition Act, the Wrongful Tree | ||
Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||
11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||
the Illinois Vehicle Code. | ||
2. With respect to the fee imposed under subsection 1 of | ||
this Section, each clerk shall commence such charges and | ||
collections upon receipt
of written notice from the chairman of | ||
the county board together with a
certified copy of the board's | ||
resolution, which the clerk shall file of
record in his office.
| ||
3. With respect to the fee imposed under subsection 1 of | ||
this Section, such fees shall be in addition to all other fees | ||
and charges of such
clerks, and assessable as costs, and may be | ||
waived only if the judge
specifically provides for the waiver | ||
of the court automation fee. The
fees shall be remitted monthly | ||
by such clerk to the county treasurer, to be
retained by him in | ||
a special fund designated as the court automation fund.
The | ||
fund shall be audited by the county auditor, and the board | ||
shall make
expenditure from the fund in payment of any cost | ||
related to the automation
of court records, including hardware, | ||
software, research and development
costs and personnel related | ||
thereto, provided that the expenditure is
approved by the clerk | ||
of the court and by the chief judge of the circuit
court or his | ||
designate.
| ||
4. With respect to the fee imposed under subsection 1 of | ||
this Section, such fees shall not be charged in any matter | ||
coming to any such clerk
on change of venue, nor in any | ||
proceeding to review the decision of any
administrative | ||
officer, agency or body.
| ||
5. With respect to the additional fee imposed under | ||
subsection 1.5 of this Section, the fee shall be remitted by | ||
the circuit clerk to the State Treasurer within one month after | ||
receipt for deposit into the State Police Operations Assistance | ||
Fund. | ||
6. With respect to the additional fee imposed under | ||
subsection 1.6 of this Section, the fee shall be remitted by | ||
the circuit clerk to the State Treasurer within one month after | ||
receipt for deposit into the Conservation Police Operations | ||
Assistance Fund. | ||
(Source: P.A. 96-1029, eff. 7-13-10.)
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2012.
| ||