Commissioner Suffredin's Cook County Board Legislative Library
for more info visit www.suffredin.org


Document Storage Fees Ordinance

Print Page
Close Window

Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
Disclaimer

Date Introduced: 9/20/2005
Date Passed:
9/20/2005

Sponsors:
Steele, Stroger, Suffredin
Co-Sponsors:
Daley, Sims

Summary:

This Ordinance amendment authorizes the Clerk to charge and collect a document storage fee of $15.00 from each party in all civil cases and by the defendant in any felony, traffic misdemeanor, municipal ordinance, or conservation case upon a judgment of guilty or grant of supervision.


Full Text of Legislation:

05-O

ORDINANCE AMENDMENT

Sponsored by

THE HONORABLE JOHN H. STROGER, JR., PRESIDENT, BOBBIE L. STEELE

AND LARRY SUFFREDIN, COUNTY COMMISSIONERS

Co-Sponsored by

THE HONORABLE JOHN P. DALEY AND DEBORAH SIMS, COUNTY COMMISSIONERS

 

AN ORDINANCE AMENDING THE CLERK OF THE CIRCUIT COURT

DOCUMENT STORAGE FEES ORDINANCE

 

WHEREAS, Illinois Compiled Statutes, 705 ILCS 105/27.3c, et seq., authorizes county boards to require the Clerk of the Circuit Court to collect a court document storage fee to be used to establish a document storage system; and

 

WHEREAS, on January 7, 1991, the Cook County Board of Commissioners adopted County Ordinance 91-O-07 establishing the Document Storage Fund and authorizing the Clerk of the Circuit Court to collect an additional court filing fee of $3.00; and

 

WHEREAS, Section 1 of P.A. 87-670, effective January 1, 1992, amended Illinois Compiled Statutes, 705 ILCS 105/27.3c, et seq., by increasing the fees authorized to be collected to an amount not to exceed $5.00; and

 

WHEREAS, on February 3, 1992, the Cook County Board of Commissioners approved County Ordinance 92-O-14 increasing the fee to $5.00; and

 

WHEREAS, on August 15, 2005, Public Act 94-0596, approved by the State Legislature and signed by the Governor, amended Illinois Compiled Statutes, 705 ILCS 105/27.3c, et seq., increasing the maximum document storage fee to $15.00; and

 

WHEREAS, the Clerk of the Circuit Court has requested that the document storage fees be increased as authorized by the Legislature; and

 

WHEREAS, the Clerk of the Circuit Court has represented that the dramatically increased costs since 1992 associated with converting the records of the Circuit Court to micrographic storage, the need to move toward an electronic storage system, and the use of a digital tracking mechanism justify and necessitate the increased fees; and 

 

WHEREAS, the Board of Commissioners of Cook County desire to increase the fee as requested.

 

NOW, THEREFORE, BE IT ORDAINED THAT:

 

Cook County Ordinances 92-O-04 adopted December 11, 1991 and 92-O-14 adopted February 3, 1992, are amended as follows:


 

SECTION 1.  In accordance with provisions set forth in Illinois Compiled Statutes, 705 ILCS 105/27.3c, et seq., a document storage fee is hereby imposed in the County of Cook.  The Clerk of the Circuit Court of Cook County shall charge and collect a document storage fee of $15.00 from each party in all civil cases and 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.

 

Such fee shall be paid at the time of filing the first pleading, paper or other appearance filed by each party.  No additional fee shall be required if more than one party is presented in a single pleading, paper or other appearance.

 

Definitions

 

SECTION 2.  Except where the context otherwise requires, the terms, words and/or phrases used in this Ordinance shall be ascribed the same meaning as those terms defined or used by the Illinois Compiled Statutes, 705 ILCS 105/27.3c, et seq.

 

Collection and Enforcement

 

SECTION 3.  In accordance with the provisions set forth in Illinois Compiled Statutes, 705 ILCS 105/27 3c, et seq., such $15.00 document storage fee shall be charged and collected by the Clerk of the Circuit Court.  Such fee shall be collected in the manner in which all other fees are collected.

 

This fee shall be in addition to all other fees and charges of such clerk, and assessable as costs, and shall be remitted monthly by such clerk to the County Treasurer, to be retained by him in a special fund designated as the “Document Storage 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 Circuit Court.

 

This fee 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.  The Clerk of the Circuit Court shall not collect the fees herein authorized from any official, department, or agency of Cook County Government where the services provided by the Clerk of the Circuit Court are for official purposes.  Any County official, department or agency requesting services from the Clerk of the Circuit Court pursuant to this provision shall be required to indicate that the request is made for “Official Purposes.”  The Clerk of the Circuit Court shall establish and keep a record of the fee exempt services rendered to each County official, department or agency.  Such records shall be available on request, to the Chief Financial Officer of Cook County.

 

Copy of Ordinance to Clerk of the Circuit Court,

County Treasurer and County Auditor

 

SECTION 4.  In accordance with the provisions set forth in Illinois Compiled Statutes, 705 ILCS 105/27.3c, et seq., the 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 ordinance, which the Clerk shall file of record in his office.


Effective Date

 

This Ordinance shall be effective on January 1, 2006, in accordance with the effective date of Public Act 94-0596.

 

Approved and adopted this 20th day of September 2005.


Disclaimer:

The information contained in this web site is provided as a service to the community, and does not constitute legal advice. We try to provide the information as it is reflected in our records, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel or additional research of Cook County's laws and regulations.