Illinois General Assembly - Full Text of HB2056
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Full Text of HB2056  97th General Assembly

HB2056enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB2056 EnrolledLRB097 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 2. The Illinois Criminal Justice Information Act is
5amended by adding Section 9.3 as follows:
 
6    (20 ILCS 3930/9.3 new)
7    Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The
8Prescription Pill and Drug Disposal Fund is created as a
9special fund in the State treasury. Moneys in the Fund shall be
10used for grants by the Illinois Criminal Justice Information
11Authority to local law enforcement agencies for the purpose of
12facilitating the collection, transportation, and incineration
13of pharmaceuticals from residential sources that are collected
14and transported by law enforcement agencies under Section 17.9A
15of the Environmental Protection Act. Before awarding a grant
16from this Fund but no later than July 1, 2012, the Authority
17shall adopt rules that (i) specify the conditions under which
18grants will be awarded from this Fund and (ii) otherwise
19provide for the implementation and administration of the grant
20program created by this Section. Interest attributable to
21moneys in the Fund shall be paid into the Fund.
 
22    Section 5. The State Finance Act is amended by adding

 

 

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1Section 5.786 as follows:
 
2    (30 ILCS 105/5.786 new)
3    Sec. 5.786. The Prescription Pill and Drug Disposal Fund.
 
4    Section 10. The Environmental Protection Act is amended by
5changing Section 3.330 and by adding Section 17.9A as follows:
 
6    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
7    Sec. 3.330. Pollution control facility.
8    (a) "Pollution control facility" is any waste storage site,
9sanitary landfill, waste disposal site, waste transfer
10station, waste treatment facility, or waste incinerator. This
11includes sewers, sewage treatment plants, and any other
12facilities owned or operated by sanitary districts organized
13under the Metropolitan Water Reclamation District Act.
14    The following are not pollution control facilities:
15        (1) (blank);
16        (2) waste storage sites regulated under 40 CFR, Part
17    761.42;
18        (3) sites or facilities used by any person conducting a
19    waste storage, waste treatment, waste disposal, waste
20    transfer or waste incineration operation, or a combination
21    thereof, for wastes generated by such person's own
22    activities, when such wastes are stored, treated, disposed
23    of, transferred or incinerated within the site or facility

 

 

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

 

 

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

 

 

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1        (12) the portion of a site or facility utilizing coal
2    combustion waste for stabilization and treatment of only
3    waste generated on that site or facility when used in
4    connection with response actions pursuant to the federal
5    Comprehensive Environmental Response, Compensation, and
6    Liability Act of 1980, the federal Resource Conservation
7    and Recovery Act of 1976, or the Illinois Environmental
8    Protection Act or as authorized by the Agency;
9        (13) the portion of a site or facility that (i) accepts
10    exclusively general construction or demolition debris,
11    (ii) is located in a county with a population over
12    3,000,000 as of January 1, 2000 or in a county that is
13    contiguous to such a county, and (iii) is operated and
14    located in accordance with Section 22.38 of this Act;
15        (14) the portion of a site or facility, located within
16    a unit of local government that has enacted local zoning
17    requirements, used to accept, separate, and process
18    uncontaminated broken concrete, with or without protruding
19    metal bars, provided that the uncontaminated broken
20    concrete and metal bars are not speculatively accumulated,
21    are at the site or facility no longer than one year after
22    their acceptance, and are returned to the economic
23    mainstream in the form of raw materials or products;
24        (15) the portion of a site or facility located in a
25    county with a population over 3,000,000 that has obtained
26    local siting approval under Section 39.2 of this Act for a

 

 

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1    municipal waste incinerator on or before July 1, 2005 and
2    that is used for a non-hazardous waste transfer station;
3        (16) a site or facility that temporarily holds in
4    transit for 10 days or less, non-putrescible
5    non-petruscible solid waste in original containers, no
6    larger in capacity than 500 gallons, provided that such
7    waste is further transferred to a recycling, disposal,
8    treatment, or storage facility on a non-contiguous site and
9    provided such site or facility complies with the applicable
10    10-day transfer requirements of the federal Resource
11    Conservation and Recovery Act of 1976 and United States
12    Department of Transportation hazardous material
13    requirements. For purposes of this Section only,
14    "non-putrescible non-petruscible solid waste" means waste
15    other than municipal garbage that does not rot or become
16    putrid, including, but not limited to, paints, solvent,
17    filters, and absorbents;
18        (17) the portion of a site or facility located in a
19    county with a population greater than 3,000,000 that has
20    obtained local siting approval, under Section 39.2 of this
21    Act, for a municipal waste incinerator on or before July 1,
22    2005 and that is used for wood combustion facilities for
23    energy recovery that accept and burn only wood material, as
24    included in a fuel specification approved by the Agency;
25        (18) a transfer station used exclusively for landscape
26    waste, including a transfer station where landscape waste

 

 

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1    is ground to reduce its volume, where the landscape waste
2    is held no longer than 24 hours from the time it was
3    received;
4        (19) the portion of a site or facility that (i) is used
5    for the composting of food scrap, livestock waste, crop
6    residue, uncontaminated wood waste, or paper waste,
7    including, but not limited to, corrugated paper or
8    cardboard, and (ii) meets all of the following
9    requirements:
10            (A) There must not be more than a total of 30,000
11        cubic yards of livestock waste in raw form or in the
12        process of being composted at the site or facility at
13        any one time.
14            (B) All food scrap, livestock waste, crop residue,
15        uncontaminated wood waste, and paper waste must, by the
16        end of each operating day, be processed and placed into
17        an enclosed vessel in which air flow and temperature
18        are controlled, or all of the following additional
19        requirements must be met:
20                (i) The portion of the site or facility used
21            for the composting operation must include a
22            setback of at least 200 feet from the nearest
23            potable water supply well.
24                (ii) The portion of the site or facility used
25            for the composting operation must be located
26            outside the boundary of the 10-year floodplain or

 

 

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1            floodproofed.
2                (iii) The portion of the site or facility used
3            for the composting operation must be located at
4            least one-eighth of a mile from the nearest
5            residence, other than a residence located on the
6            same property as the site or facility.
7                (iv) The portion of the site or facility used
8            for the composting operation must be located at
9            least one-eighth of a mile from the property line
10            of all of the following areas:
11                    (I) Facilities that primarily serve to
12                house or treat people that are
13                immunocompromised or immunosuppressed, such as
14                cancer or AIDS patients; people with asthma,
15                cystic fibrosis, or bioaerosol allergies; or
16                children under the age of one year.
17                    (II) Primary and secondary schools and
18                adjacent areas that the schools use for
19                recreation.
20                    (III) Any facility for child care licensed
21                under Section 3 of the Child Care Act of 1969;
22                preschools; and adjacent areas that the
23                facilities or preschools use for recreation.
24                (v) By the end of each operating day, all food
25            scrap, livestock waste, crop residue,
26            uncontaminated wood waste, and paper waste must be

 

 

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1            (i) processed into windrows or other piles and (ii)
2            covered in a manner that prevents scavenging by
3            birds and animals and that prevents other
4            nuisances.
5            (C) Food scrap, livestock waste, crop residue,
6        uncontaminated wood waste, paper waste, and compost
7        must not be placed within 5 feet of the water table.
8            (D) The site or facility must meet all of the
9        requirements of the Wild and Scenic Rivers Act (16
10        U.S.C. 1271 et seq.).
11            (E) The site or facility must not (i) restrict the
12        flow of a 100-year flood, (ii) result in washout of
13        food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, or paper waste from a
15        100-year flood, or (iii) reduce the temporary water
16        storage capacity of the 100-year floodplain, unless
17        measures are undertaken to provide alternative storage
18        capacity, such as by providing lagoons, holding tanks,
19        or drainage around structures at the facility.
20            (F) The site or facility must not be located in any
21        area where it may pose a threat of harm or destruction
22        to the features for which:
23                (i) an irreplaceable historic or
24            archaeological site has been listed under the
25            National Historic Preservation Act (16 U.S.C. 470
26            et seq.) or the Illinois Historic Preservation

 

 

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

 

 

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1            for the production of synthetic gas in accordance
2            with Section 39.9 of this Act;
3                (ii) the portion of the site or facility is in
4            compliance with all applicable zoning
5            requirements; and
6                (iii) a complete application for a
7            demonstration permit at the portion of the site or
8            facility has been submitted to the Agency in
9            accordance with Section 39.9 of this Act within one
10            year after July 27, 2010 (the effective date of
11            Public Act 96-1314); this amendatory Act of the
12            96th General Assembly
13        (21) (19) the portion of a site or facility used to
14    perform limited testing of a gasification conversion
15    technology in accordance with Section 39.8 of this Act and
16    for which a complete permit application has been submitted
17    to the Agency prior to one year from April 9, 2010 (the
18    effective date of Public Act 96-887); and this amendatory
19    Act of the 96th General Assembly.
20        (22) the portion of a site or facility that is used to
21    incinerate only pharmaceuticals from residential sources
22    that are collected and transported by law enforcement
23    agencies under Section 17.9A of this Act.
24    (b) A new pollution control facility is:
25        (1) a pollution control facility initially permitted
26    for development or construction after July 1, 1981; or

 

 

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1        (2) the area of expansion beyond the boundary of a
2    currently permitted pollution control facility; or
3        (3) a permitted pollution control facility requesting
4    approval to store, dispose of, transfer or incinerate, for
5    the first time, any special or hazardous waste.
6(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
795-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
88-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887,
9eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10;
1096-1314, eff. 7-27-10; revised 9-2-10.)
 
11    (415 ILCS 5/17.9A new)
12    Sec. 17.9A. Collection and transportation of
13pharmaceuticals by law enforcement agencies. Notwithstanding
14any other provision of this Act, to the extent allowed by
15federal law, a law enforcement agency may collect
16pharmaceuticals from residential sources and transport them to
17an incinerator permitted by the Agency to be incinerated in
18accordance with the permit, permit conditions, this Act, and
19rules adopted under this Act. For the purposes of this Section,
20"law enforcement agency" means an agency of the State or of a
21unit of local of government which is vested by law or ordinance
22with the duty to maintain public order and to enforce criminal
23laws.
 
24    Section 15. The Unified Code of Corrections is amended by

 

 

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1changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
2    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
3    (Text of Section from P.A. 94-550, 96-132, and 96-402)
4    Sec. 5-9-1.1. Drug related offenses.
5    (a) When a person has been adjudged guilty of a drug
6related offense involving possession or delivery of cannabis or
7possession or delivery of a controlled substance, other than
8methamphetamine, as defined in the Cannabis Control Act, as
9amended, or the Illinois Controlled Substances Act, as amended,
10in addition to any other penalty imposed, a fine shall be
11levied by the court at not less than the full street value of
12the cannabis or controlled substances seized.
13    "Street value" shall be determined by the court on the
14basis of testimony of law enforcement personnel and the
15defendant as to the amount seized and such testimony as may be
16required by the court as to the current street value of the
17cannabis or controlled substance seized.
18    (b) In addition to any penalty imposed under subsection (a)
19of this Section, a fine of $100 shall be levied by the court,
20the proceeds of which shall be collected by the Circuit Clerk
21and remitted to the State Treasurer under Section 27.6 of the
22Clerks of Courts Act for deposit into the Trauma Center Fund
23for distribution as provided under Section 3.225 of the
24Emergency Medical Services (EMS) Systems Act.
25    (c) In addition to any penalty imposed under subsection (a)

 

 

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1of this Section, a fee of $5 shall be assessed by the court,
2the proceeds of which shall be collected by the Circuit Clerk
3and remitted to the State Treasurer under Section 27.6 of the
4Clerks of Courts Act for deposit into the Spinal Cord Injury
5Paralysis Cure Research Trust Fund. This additional fee of $5
6shall not be considered a part of the fine for purposes of any
7reduction in the fine for time served either before or after
8sentencing.
9    (d) In addition to any penalty imposed under subsection (a)
10of this Section for a drug related offense involving possession
11or delivery of cannabis or possession or delivery of a
12controlled substance as defined in the Cannabis Control Act,
13the Illinois Controlled Substances Act, or the Methamphetamine
14Control and Community Protection Act, a fee of $50 shall be
15assessed by the court, the proceeds of which shall be collected
16by the Circuit Clerk and remitted to the State Treasurer under
17Section 27.6 of the Clerks of Courts Act for deposit into the
18Performance-enhancing Substance Testing Fund. This additional
19fee of $50 shall not be considered a part of the fine for
20purposes of any reduction in the fine for time served either
21before or after sentencing. The provisions of this subsection
22(d), other than this sentence, are inoperative after June 30,
232011.
24    (e) (d) In addition to any penalty imposed under subsection
25(a) of this Section, a $25 assessment shall be assessed by the
26court, the proceeds of which shall be collected by the Circuit

 

 

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1Clerk and remitted to the State Treasurer for deposit into the
2State Police Services Fund and shall be used for grants by the
3Department of State Police to drug task forces and Metropolitan
4Enforcement Groups in accordance with the Intergovernmental
5Drug Laws Enforcement Act.
6    (f) In addition to any penalty imposed under subsection (a)
7of this Section, a $20 assessment shall be assessed by the
8court, the proceeds of which shall be collected by the Circuit
9Clerk. Of the collected proceeds, (i) 90% shall be remitted to
10the State Treasurer for deposit into the Prescription Pill and
11Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
12the Criminal Justice Information Projects Fund, for use by the
13Illinois Criminal Justice Information Authority for the costs
14associated with making grants from the Prescription Pill and
15Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
16for deposit into the Circuit Court Clerk Operation and
17Administrative Fund for the costs associated with
18administering this subsection.
19(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402,
20eff. 1-1-10, revised 10-6-09.)
 
21    (Text of Section from P.A. 94-556, 96-132, and 96-402)
22    Sec. 5-9-1.1. Drug related offenses.
23    (a) When a person has been adjudged guilty of a drug
24related offense involving possession or delivery of cannabis or
25possession or delivery of a controlled substance as defined in

 

 

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

 

 

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1    (d) In addition to any penalty imposed under subsection (a)
2of this Section for a drug related offense involving possession
3or delivery of cannabis or possession or delivery of a
4controlled substance as defined in the Cannabis Control Act,
5the Illinois Controlled Substances Act, or the Methamphetamine
6Control and Community Protection Act, a fee of $50 shall be
7assessed by the court, the proceeds of which shall be collected
8by the Circuit Clerk and remitted to the State Treasurer under
9Section 27.6 of the Clerks of Courts Act for deposit into the
10Performance-enhancing Substance Testing Fund. This additional
11fee of $50 shall not be considered a part of the fine for
12purposes of any reduction in the fine for time served either
13before or after sentencing. The provisions of this subsection
14(d), other than this sentence, are inoperative after June 30,
152011.
16    (e) (d) In addition to any penalty imposed under subsection
17(a) of this Section, a $25 assessment shall be assessed by the
18court, the proceeds of which shall be collected by the Circuit
19Clerk and remitted to the State Treasurer for deposit into the
20State Police Services Fund and shall be used for grants by the
21Department of State Police to drug task forces and Metropolitan
22Enforcement Groups in accordance with the Intergovernmental
23Drug Laws Enforcement Act.
24    (f) 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

 

 

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1Clerk. Of the collected proceeds, (i) 90% shall be remitted to
2the State Treasurer for deposit into the Prescription Pill and
3Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
4the Criminal Justice Information Projects Fund, for use by the
5Illinois Criminal Justice Information Authority for the costs
6associated with making grants from the Prescription Pill and
7Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
8for deposit into the Circuit Court Clerk Operation and
9Administrative Fund for the costs associated with
10administering this subsection.
11(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09;
1296-402, eff. 1-1-10, revised 10-6-09.)
 
13    (730 ILCS 5/5-9-1.1-5)
14    Sec. 5-9-1.1-5. Methamphetamine related offenses.
15    (a) When a person has been adjudged guilty of a
16methamphetamine related offense involving possession or
17delivery of methamphetamine or any salt of an optical isomer of
18methamphetamine or possession of a methamphetamine
19manufacturing material as set forth in Section 10 of the
20Methamphetamine Control and Community Protection Act with the
21intent to manufacture a substance containing methamphetamine
22or salt of an optical isomer of methamphetamine, in addition to
23any other penalty imposed, a fine shall be levied by the court
24at not less than the full street value of the methamphetamine
25or salt of an optical isomer of methamphetamine or

 

 

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

 

 

HB2056 Enrolled- 20 -LRB097 07029 JDS 47122 b

1court, the proceeds of which shall be collected by the Circuit
2Clerk. Of the collected proceeds, (i) 90% shall be remitted to
3the State Treasurer for deposit into the Prescription Pill and
4Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
5the Criminal Justice Information Projects Fund, for use by the
6Illinois Criminal Justice Information Authority for the costs
7associated with making grants from the Prescription Pill and
8Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
9for deposit into the Circuit Court Clerk Operation and
10Administrative Fund for the costs associated with
11administering this subsection.
12(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
1396-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)