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Public Act 097-0453
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| HB3346 Enrolled | LRB097 10888 KMW 51414 b |
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AN ACT concerning finance.
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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 State Finance Act is amended by adding |
Sections 5.786 and 6z-87 as follows:
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(30 ILCS 105/5.786 new) |
Sec. 5.786. The Illinois Law Enforcement Alarm Systems |
Fund.
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(30 ILCS 105/6z-87 new) |
Sec. 6z-87. Illinois Law Enforcement Alarm Systems Fund. |
(a) There is created in the State treasury a special fund
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known as the Illinois Law Enforcement Alarm Systems (ILEAS) |
Fund. The Fund may also receive revenue from grants,
donations, |
appropriations, and any other legal source. |
(b) Moneys in the
Fund may be used to finance support for |
law enforcement, airborne, and terrorism operations as |
approved by the ILEAS Executive Board with 33.3% of the revenue |
used for air support programs. |
(c) Expenditures may be made from the Fund only as
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appropriated by the General Assembly by law. |
(d) Investment income that is attributable to the
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investment of moneys in the Fund shall be retained in the Fund
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for the uses specified in this Section. |
(e) The Illinois Law Enforcement Alarm Systems Fund shall |
not
be subject to administrative chargebacks.
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Section 10. The Clerks of Courts Act is amended by changing |
Section 27.3a as follows:
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(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
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Sec. 27.3a. Fees for automated record keeping and State |
Police operations.
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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 |
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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.
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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, local |
ordinance, or conservation case upon a judgment of guilty or |
grant of supervision. |
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.
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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 |
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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.
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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.
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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 fees imposed under |
subsection 1.5 of this Section, the Director of State Police |
may direct the use of these fees for homeland security purposes |
by transferring these fees on a quarterly basis from the State |
Police Operations Assistance Fund into the Illinois Law |
Enforcement Alarm Systems (ILEAS) Fund for homeland security |
initiatives programs. The transferred fees shall be allocated, |
subject to the approval of the ILEAS Executive Board, as |
follows: (i) 66.6% shall be used for homeland security |