97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2056

 

Introduced , by Rep. JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.786 new
415 ILCS 5/3.330  was 415 ILCS 5/3.32
415 ILCS 5/17.9A new
730 ILCS 5/5-9-1.1  from Ch. 38, par. 1005-9-1.1
730 ILCS 5/5-9-1.1-5

    Amends the State Finance Act to create the Household Pharmaceutical Disposal Fund as a special fund in the State treasury. Amends the Environmental Protection Act. Excludes from the definition of "pollution control facility" the portion of a site or facility used to incinerate only pharmaceuticals from residential sources that are in the possession or control of a law enforcement agency. Authorizes a law enforcement agency to collect pharmaceuticals from residential sources and to incinerate the collected pharmaceuticals in a manner that is consistent with rules adopted by the Agency. Authorizes the Department of State Police to use moneys in the Household Pharmaceutical Disposal Fund to make grants to local law enforcement agencies for the purpose of facilitating the collection and incineration of pharmaceuticals from residential sources. Defines "law enforcement agency". Amends the Unified Code of Corrections. Requires a $20 assessment to be levied against persons who commit specified drug offenses. Requires the proceeds of those assessments to be collected by the Circuit Clerk and remitted to the State Treasurer for deposit into the Household Pharmaceutical Disposal Fund.


LRB097 07029 JDS 47122 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2056LRB097 07029 JDS 47122 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.786 as follows:
 
6    (30 ILCS 105/5.786 new)
7    Sec. 5.786. The Household Pharmaceutical Disposal Fund.
 
8    Section 10. The Environmental Protection Act is amended by
9changing Section 3.330 and by adding Section 17.9A as follows:
 
10    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
11    Sec. 3.330. Pollution control facility.
12    (a) "Pollution control facility" is any waste storage site,
13sanitary landfill, waste disposal site, waste transfer
14station, waste treatment facility, or waste incinerator. This
15includes sewers, sewage treatment plants, and any other
16facilities owned or operated by sanitary districts organized
17under the Metropolitan Water Reclamation District Act.
18    The following are not pollution control facilities:
19        (1) (blank);
20        (2) waste storage sites regulated under 40 CFR, Part
21    761.42;

 

 

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1        (3) sites or facilities used by any person conducting a
2    waste storage, waste treatment, waste disposal, waste
3    transfer or waste incineration operation, or a combination
4    thereof, for wastes generated by such person's own
5    activities, when such wastes are stored, treated, disposed
6    of, transferred or incinerated within the site or facility
7    owned, controlled or operated by such person, or when such
8    wastes are transported within or between sites or
9    facilities owned, controlled or operated by such person;
10        (4) sites or facilities at which the State is
11    performing removal or remedial action pursuant to Section
12    22.2 or 55.3;
13        (5) abandoned quarries used solely for the disposal of
14    concrete, earth materials, gravel, or aggregate debris
15    resulting from road construction activities conducted by a
16    unit of government or construction activities due to the
17    construction and installation of underground pipes, lines,
18    conduit or wires off of the premises of a public utility
19    company which are conducted by a public utility;
20        (6) sites or facilities used by any person to
21    specifically conduct a landscape composting operation;
22        (7) regional facilities as defined in the Central
23    Midwest Interstate Low-Level Radioactive Waste Compact;
24        (8) the portion of a site or facility where coal
25    combustion wastes are stored or disposed of in accordance
26    with subdivision (r)(2) or (r)(3) of Section 21;

 

 

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1        (9) the portion of a site or facility used for the
2    collection, storage or processing of waste tires as defined
3    in Title XIV;
4        (10) the portion of a site or facility used for
5    treatment of petroleum contaminated materials by
6    application onto or incorporation into the soil surface and
7    any portion of that site or facility used for storage of
8    petroleum contaminated materials before treatment. Only
9    those categories of petroleum listed in Section 57.9(a)(3)
10    are exempt under this subdivision (10);
11        (11) the portion of a site or facility where used oil
12    is collected or stored prior to shipment to a recycling or
13    energy recovery facility, provided that the used oil is
14    generated by households or commercial establishments, and
15    the site or facility is a recycling center or a business
16    where oil or gasoline is sold at retail;
17        (11.5) processing sites or facilities that receive
18    only on-specification used oil, as defined in 35 Ill.
19    Admin. Code 739, originating from used oil collectors for
20    processing that is managed under 35 Ill. Admin. Code 739 to
21    produce products for sale to off-site petroleum
22    facilities, if these processing sites or facilities are:
23    (i) located within a home rule unit of local government
24    with a population of at least 30,000 according to the 2000
25    federal census, that home rule unit of local government has
26    been designated as an Urban Round II Empowerment Zone by

 

 

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1    the United States Department of Housing and Urban
2    Development, and that home rule unit of local government
3    has enacted an ordinance approving the location of the site
4    or facility and provided funding for the site or facility;
5    and (ii) in compliance with all applicable zoning
6    requirements;
7        (12) the portion of a site or facility utilizing coal
8    combustion waste for stabilization and treatment of only
9    waste generated on that site or facility when used in
10    connection with response actions pursuant to the federal
11    Comprehensive Environmental Response, Compensation, and
12    Liability Act of 1980, the federal Resource Conservation
13    and Recovery Act of 1976, or the Illinois Environmental
14    Protection Act or as authorized by the Agency;
15        (13) the portion of a site or facility that (i) accepts
16    exclusively general construction or demolition debris,
17    (ii) is located in a county with a population over
18    3,000,000 as of January 1, 2000 or in a county that is
19    contiguous to such a county, and (iii) is operated and
20    located in accordance with Section 22.38 of this Act;
21        (14) the portion of a site or facility, located within
22    a unit of local government that has enacted local zoning
23    requirements, used to accept, separate, and process
24    uncontaminated broken concrete, with or without protruding
25    metal bars, provided that the uncontaminated broken
26    concrete and metal bars are not speculatively accumulated,

 

 

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1    are at the site or facility no longer than one year after
2    their acceptance, and are returned to the economic
3    mainstream in the form of raw materials or products;
4        (15) the portion of a site or facility located in a
5    county with a population over 3,000,000 that has obtained
6    local siting approval under Section 39.2 of this Act for a
7    municipal waste incinerator on or before July 1, 2005 and
8    that is used for a non-hazardous waste transfer station;
9        (16) a site or facility that temporarily holds in
10    transit for 10 days or less, non-putrescible
11    non-petruscible solid waste in original containers, no
12    larger in capacity than 500 gallons, provided that such
13    waste is further transferred to a recycling, disposal,
14    treatment, or storage facility on a non-contiguous site and
15    provided such site or facility complies with the applicable
16    10-day transfer requirements of the federal Resource
17    Conservation and Recovery Act of 1976 and United States
18    Department of Transportation hazardous material
19    requirements. For purposes of this Section only,
20    "non-putrescible non-petruscible solid waste" means waste
21    other than municipal garbage that does not rot or become
22    putrid, including, but not limited to, paints, solvent,
23    filters, and absorbents;
24        (17) the portion of a site or facility located in a
25    county with a population greater than 3,000,000 that has
26    obtained local siting approval, under Section 39.2 of this

 

 

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1    Act, for a municipal waste incinerator on or before July 1,
2    2005 and that is used for wood combustion facilities for
3    energy recovery that accept and burn only wood material, as
4    included in a fuel specification approved by the Agency;
5        (18) a transfer station used exclusively for landscape
6    waste, including a transfer station where landscape waste
7    is ground to reduce its volume, where the landscape waste
8    is held no longer than 24 hours from the time it was
9    received;
10        (19) the portion of a site or facility that (i) is used
11    for the composting of food scrap, livestock waste, crop
12    residue, uncontaminated wood waste, or paper waste,
13    including, but not limited to, corrugated paper or
14    cardboard, and (ii) meets all of the following
15    requirements:
16            (A) There must not be more than a total of 30,000
17        cubic yards of livestock waste in raw form or in the
18        process of being composted at the site or facility at
19        any one time.
20            (B) All food scrap, livestock waste, crop residue,
21        uncontaminated wood waste, and paper waste must, by the
22        end of each operating day, be processed and placed into
23        an enclosed vessel in which air flow and temperature
24        are controlled, or all of the following additional
25        requirements must be met:
26                (i) The portion of the site or facility used

 

 

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1            for the composting operation must include a
2            setback of at least 200 feet from the nearest
3            potable water supply well.
4                (ii) The portion of the site or facility used
5            for the composting operation must be located
6            outside the boundary of the 10-year floodplain or
7            floodproofed.
8                (iii) The portion of the site or facility used
9            for the composting operation must be located at
10            least one-eighth of a mile from the nearest
11            residence, other than a residence located on the
12            same property as the site or facility.
13                (iv) The portion of the site or facility used
14            for the composting operation must be located at
15            least one-eighth of a mile from the property line
16            of all of the following areas:
17                    (I) Facilities that primarily serve to
18                house or treat people that are
19                immunocompromised or immunosuppressed, such as
20                cancer or AIDS patients; people with asthma,
21                cystic fibrosis, or bioaerosol allergies; or
22                children under the age of one year.
23                    (II) Primary and secondary schools and
24                adjacent areas that the schools use for
25                recreation.
26                    (III) Any facility for child care licensed

 

 

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1                under Section 3 of the Child Care Act of 1969;
2                preschools; and adjacent areas that the
3                facilities or preschools use for recreation.
4                (v) By the end of each operating day, all food
5            scrap, livestock waste, crop residue,
6            uncontaminated wood waste, and paper waste must be
7            (i) processed into windrows or other piles and (ii)
8            covered in a manner that prevents scavenging by
9            birds and animals and that prevents other
10            nuisances.
11            (C) Food scrap, livestock waste, crop residue,
12        uncontaminated wood waste, paper waste, and compost
13        must not be placed within 5 feet of the water table.
14            (D) The site or facility must meet all of the
15        requirements of the Wild and Scenic Rivers Act (16
16        U.S.C. 1271 et seq.).
17            (E) The site or facility must not (i) restrict the
18        flow of a 100-year flood, (ii) result in washout of
19        food scrap, livestock waste, crop residue,
20        uncontaminated wood waste, or paper waste from a
21        100-year flood, or (iii) reduce the temporary water
22        storage capacity of the 100-year floodplain, unless
23        measures are undertaken to provide alternative storage
24        capacity, such as by providing lagoons, holding tanks,
25        or drainage around structures at the facility.
26            (F) The site or facility must not be located in any

 

 

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1        area where it may pose a threat of harm or destruction
2        to the features for which:
3                (i) an irreplaceable historic or
4            archaeological site has been listed under the
5            National Historic Preservation Act (16 U.S.C. 470
6            et seq.) or the Illinois Historic Preservation
7            Act;
8                (ii) a natural landmark has been designated by
9            the National Park Service or the Illinois State
10            Historic Preservation Office; or
11                (iii) a natural area has been designated as a
12            Dedicated Illinois Nature Preserve under the
13            Illinois Natural Areas Preservation Act.
14            (G) The site or facility must not be located in an
15        area where it may jeopardize the continued existence of
16        any designated endangered species, result in the
17        destruction or adverse modification of the critical
18        habitat for such species, or cause or contribute to the
19        taking of any endangered or threatened species of
20        plant, fish, or wildlife listed under the Endangered
21        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
22        Endangered Species Protection Act; and
23        (20) the portion of a site or facility that is located
24    entirely within a home rule unit having a population of no
25    less than 120,000 and no more than 135,000, according to
26    the 2000 federal census, and that meets all of the

 

 

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1    following requirements:
2                (i) the portion of the site or facility is used
3            exclusively to perform testing of a thermochemical
4            conversion technology using only woody biomass,
5            collected as landscape waste within the boundaries
6            of the home rule unit, as the hydrocarbon feedstock
7            for the production of synthetic gas in accordance
8            with Section 39.9 of this Act;
9                (ii) the portion of the site or facility is in
10            compliance with all applicable zoning
11            requirements; and
12                (iii) a complete application for a
13            demonstration permit at the portion of the site or
14            facility has been submitted to the Agency in
15            accordance with Section 39.9 of this Act within one
16            year after July 27, 2010 (the effective date of
17            Public Act 96-1314); this amendatory Act of the
18            96th General Assembly
19        (21) (19) the portion of a site or facility used to
20    perform limited testing of a gasification conversion
21    technology in accordance with Section 39.8 of this Act and
22    for which a complete permit application has been submitted
23    to the Agency prior to one year from April 9, 2010 (the
24    effective date of Public Act 96-887); and this amendatory
25    Act of the 96th General Assembly.
26        (22) the portion of a site or facility that is used, in

 

 

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1    accordance with Section 17.9A and the rules adopted by the
2    Agency under that Section, to incinerate only
3    pharmaceuticals from residential sources that are in the
4    possession or control of a law enforcement agency.
5    (b) A new pollution control facility is:
6        (1) a pollution control facility initially permitted
7    for development or construction after July 1, 1981; or
8        (2) the area of expansion beyond the boundary of a
9    currently permitted pollution control facility; or
10        (3) a permitted pollution control facility requesting
11    approval to store, dispose of, transfer or incinerate, for
12    the first time, any special or hazardous waste.
13(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
1495-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
158-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887,
16eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10;
1796-1314, eff. 7-27-10; revised 9-2-10.)
 
18    (415 ILCS 5/17.9A new)
19    Sec. 17.9A. Incineration of pharmaceuticals by law
20enforcement agency.
21    (a) Notwithstanding any other provision of this Act, a law
22enforcement agency may collect pharmaceuticals from
23residential sources and incinerate the collected
24pharmaceuticals in a manner consistent with rules adopted by
25the Agency. The Agency shall adopt rules to implement this

 

 

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1Section as soon as practical after the effective date of this
2Section. For the purposes of this Section, "law enforcement
3agency" means an agency of the State or unit of local
4government which is vested by law or ordinance with the duty to
5maintain public order and to enforce criminal laws.
6    (b) The Household Pharmaceutical Disposal Fund is created
7as a special fund in the State treasury. Moneys in the Fund
8shall be used for grants by the Department of State Police to
9local law enforcement agencies for the purpose of facilitating
10the collection and incineration of pharmaceuticals from
11residential sources as provided under this Section. Interest
12attributable to moneys in the Fund shall be returned to the
13Fund.
 
14    Section 15. The Unified Code of Corrections is amended by
15changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
16    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
17    (Text of Section from P.A. 94-550, 96-132, and 96-402)
18    Sec. 5-9-1.1. Drug related offenses.
19    (a) When a person has been adjudged guilty of a drug
20related offense involving possession or delivery of cannabis or
21possession or delivery of a controlled substance, other than
22methamphetamine, as defined in the Cannabis Control Act, as
23amended, or the Illinois Controlled Substances Act, as amended,
24in addition to any other penalty imposed, a fine shall be

 

 

HB2056- 13 -LRB097 07029 JDS 47122 b

1levied by the court at not less than the full street value of
2the cannabis or controlled substances seized.
3    "Street value" shall be determined by the court on the
4basis of testimony of law enforcement personnel and the
5defendant as to the amount seized and such testimony as may be
6required by the court as to the current street value of the
7cannabis or controlled substance seized.
8    (b) In addition to any penalty imposed under subsection (a)
9of this Section, a fine of $100 shall be levied by the court,
10the proceeds of which shall be collected by the Circuit Clerk
11and remitted to the State Treasurer under Section 27.6 of the
12Clerks of Courts Act for deposit into the Trauma Center Fund
13for distribution as provided under Section 3.225 of the
14Emergency Medical Services (EMS) Systems Act.
15    (c) In addition to any penalty imposed under subsection (a)
16of this Section, a fee of $5 shall be assessed by the court,
17the proceeds of which shall be collected by the Circuit Clerk
18and remitted to the State Treasurer under Section 27.6 of the
19Clerks of Courts Act for deposit into the Spinal Cord Injury
20Paralysis Cure Research Trust Fund. This additional fee of $5
21shall not be considered a part of the fine for purposes of any
22reduction in the fine for time served either before or after
23sentencing.
24    (d) In addition to any penalty imposed under subsection (a)
25of this Section for a drug related offense involving possession
26or delivery of cannabis or possession or delivery of a

 

 

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1controlled substance as defined in the Cannabis Control Act,
2the Illinois Controlled Substances Act, or the Methamphetamine
3Control and Community Protection Act, a fee of $50 shall be
4assessed by the court, the proceeds of which shall be collected
5by the Circuit Clerk and remitted to the State Treasurer under
6Section 27.6 of the Clerks of Courts Act for deposit into the
7Performance-enhancing Substance Testing Fund. This additional
8fee of $50 shall not be considered a part of the fine for
9purposes of any reduction in the fine for time served either
10before or after sentencing. The provisions of this subsection
11(d), other than this sentence, are inoperative after June 30,
122011.
13    (e) (d) In addition to any penalty imposed under subsection
14(a) of this Section, a $25 assessment shall be assessed by the
15court, the proceeds of which shall be collected by the Circuit
16Clerk and remitted to the State Treasurer for deposit into the
17State Police Services Fund and shall be used for grants by the
18Department of State Police to drug task forces and Metropolitan
19Enforcement Groups in accordance with the Intergovernmental
20Drug Laws Enforcement Act.
21    (f) In addition to any penalty imposed under subsection (a)
22of this Section, a $20 assessment shall be assessed by the
23court, the proceeds of which shall be collected by the Circuit
24Clerk and remitted to the State Treasurer for deposit into the
25Household Pharmaceutical Disposal Fund.
26(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402,

 

 

HB2056- 15 -LRB097 07029 JDS 47122 b

1eff. 1-1-10, revised 10-6-09.)
 
2    (Text of Section from P.A. 94-556, 96-132, and 96-402)
3    Sec. 5-9-1.1. Drug related offenses.
4    (a) When a person has been adjudged guilty of a drug
5related offense involving possession or delivery of cannabis or
6possession or delivery of a controlled substance as defined in
7the Cannabis Control Act, the Illinois Controlled Substances
8Act, or the Methamphetamine Control and Community Protection
9Act, in addition to any other penalty imposed, a fine shall be
10levied by the court at not less than the full street value of
11the cannabis or controlled substances seized.
12    "Street value" shall be determined by the court on the
13basis of testimony of law enforcement personnel and the
14defendant as to the amount seized and such testimony as may be
15required by the court as to the current street value of the
16cannabis or controlled substance seized.
17    (b) In addition to any penalty imposed under subsection (a)
18of this Section, a fine of $100 shall be levied by the court,
19the proceeds of which shall be collected by the Circuit Clerk
20and remitted to the State Treasurer under Section 27.6 of the
21Clerks of Courts Act for deposit into the Trauma Center Fund
22for distribution as provided under Section 3.225 of the
23Emergency Medical Services (EMS) Systems Act.
24    (c) In addition to any penalty imposed under subsection (a)
25of this Section, a fee of $5 shall be assessed by the court,

 

 

HB2056- 16 -LRB097 07029 JDS 47122 b

1the proceeds of which shall be collected by the Circuit Clerk
2and remitted to the State Treasurer under Section 27.6 of the
3Clerks of Courts Act for deposit into the Spinal Cord Injury
4Paralysis Cure Research Trust Fund. This additional fee of $5
5shall not be considered a part of the fine for purposes of any
6reduction in the fine for time served either before or after
7sentencing.
8    (d) In addition to any penalty imposed under subsection (a)
9of this Section for a drug related offense involving possession
10or delivery of cannabis or possession or delivery of a
11controlled substance as defined in the Cannabis Control Act,
12the Illinois Controlled Substances Act, or the Methamphetamine
13Control and Community Protection Act, a fee of $50 shall be
14assessed by the court, the proceeds of which shall be collected
15by the Circuit Clerk and remitted to the State Treasurer under
16Section 27.6 of the Clerks of Courts Act for deposit into the
17Performance-enhancing Substance Testing Fund. This additional
18fee of $50 shall not be considered a part of the fine for
19purposes of any reduction in the fine for time served either
20before or after sentencing. The provisions of this subsection
21(d), other than this sentence, are inoperative after June 30,
222011.
23    (e) (d) In addition to any penalty imposed under subsection
24(a) of this Section, a $25 assessment shall be assessed by the
25court, the proceeds of which shall be collected by the Circuit
26Clerk and remitted to the State Treasurer for deposit into the

 

 

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1State Police Services Fund and shall be used for grants by the
2Department of State Police to drug task forces and Metropolitan
3Enforcement Groups in accordance with the Intergovernmental
4Drug Laws Enforcement Act.
5    (f) In addition to any penalty imposed under subsection (a)
6of this Section, a $20 assessment shall be assessed by the
7court, the proceeds of which shall be collected by the Circuit
8Clerk and remitted to the State Treasurer for deposit into the
9Household Pharmaceutical Disposal Fund.
10(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09;
1196-402, eff. 1-1-10, revised 10-6-09.)
 
12    (730 ILCS 5/5-9-1.1-5)
13    Sec. 5-9-1.1-5. Methamphetamine related offenses.
14    (a) When a person has been adjudged guilty of a
15methamphetamine related offense involving possession or
16delivery of methamphetamine or any salt of an optical isomer of
17methamphetamine or possession of a methamphetamine
18manufacturing material as set forth in Section 10 of the
19Methamphetamine Control and Community Protection Act with the
20intent to manufacture a substance containing methamphetamine
21or salt of an optical isomer of methamphetamine, in addition to
22any other penalty imposed, a fine shall be levied by the court
23at not less than the full street value of the methamphetamine
24or salt of an optical isomer of methamphetamine or
25methamphetamine manufacturing materials seized.

 

 

HB2056- 18 -LRB097 07029 JDS 47122 b

1    "Street value" shall be determined by the court on the
2basis of testimony of law enforcement personnel and the
3defendant as to the amount seized and such testimony as may be
4required by the court as to the current street value of the
5methamphetamine or salt of an optical isomer of methamphetamine
6or methamphetamine manufacturing materials seized.
7    (b) In addition to any penalty imposed under subsection (a)
8of this Section, a fine of $100 shall be levied by the court,
9the proceeds of which shall be collected by the Circuit Clerk
10and remitted to the State Treasurer under Section 27.6 of the
11Clerks of Courts Act for deposit into the Methamphetamine Law
12Enforcement Fund and allocated as provided in subsection (d) of
13Section 5-9-1.2.
14    (c) In addition to any penalty imposed under subsection (a)
15of this Section, a $25 assessment shall be assessed by the
16court, the proceeds of which shall be collected by the Circuit
17Clerk and remitted to the State Treasurer for deposit into the
18Drug Traffic Prevention Fund. The moneys deposited into the
19Drug Traffic Prevention Fund pursuant to this Section shall be
20appropriated to and administered by the Department of State
21Police for funding of drug task forces and Metropolitan
22Enforcement Groups in accordance with the Intergovernmental
23Drug Laws Enforcement Act.
24    (d) In addition to any penalty imposed under subsection (a)
25of this Section, a $20 assessment shall be assessed by the
26court, the proceeds of which shall be collected by the Circuit

 

 

HB2056- 19 -LRB097 07029 JDS 47122 b

1Clerk and remitted to the State Treasurer for deposit into the
2Household Pharmaceutical Disposal Fund.
3(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
496-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)