102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1726

 

Introduced 2/17/2021, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 210/6  from Ch. 127, par. 1706
20 ILCS 665/4b
20 ILCS 1305/10-6 rep.
20 ILCS 2310/2310-358 rep.
30 ILCS 105/6a  from Ch. 127, par. 142a
30 ILCS 105/5.72 rep.
30 ILCS 105/5.599 rep.
30 ILCS 105/5.748 rep.
30 ILCS 105/6w rep.
30 ILCS 105/8k rep.
35 ILCS 5/507DDD
35 ILCS 5/507AA rep.
35 ILCS 5/507BB rep.
35 ILCS 5/507TT rep.
35 ILCS 405/13  from Ch. 120, par. 405A-13
235 ILCS 5/1-3.37 rep.
305 ILCS 40/Act rep.
705 ILCS 105/27.1b
705 ILCS 135/15-20
730 ILCS 5/5-9-1.22

    Amends the State Fair Act, the Illinois Promotion Act, the Department of Human Services Act, the State Finance Act, the Illinois Income Tax Act, the Illinois Estate and Generation-Skipping Transfer Tax Act, the Liquor Control Act of 1934, the Clerks of Courts Act, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections to make various technical corrections. Repeals obsolete Sections of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois and the State Finance Act. Effective immediately.


LRB102 13675 HLH 19025 b

 

 

A BILL FOR

 

HB1726LRB102 13675 HLH 19025 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Fair Act is amended by changing
5Section 6 as follows:
 
6    (20 ILCS 210/6)  (from Ch. 127, par. 1706)
7    Sec. 6. Policies, procedures, and powers concerning the
8operation of fairs.
9    (a) Policies. The Department shall, pursuant to the
10Illinois Administrative Procedure Act, establish by rule:
11        (1) the policy for the operation of the Illinois State
12    Fair and the DuQuoin State Fair, except those operations
13    regarding contests as provided for in subparagraphs (b)
14    and (c) of this Section, and
15        (2) the policies and procedures for the sale, barter,
16    or exchange of tickets and for ticket refunds for
17    cancelled events.
18    (b) Contests. The Department shall establish and make
19available, for all contestants and other interested persons,
20sufficient copies of a premium book or other publication that
21establishes the kinds and classes of events or exhibits for
22contests at the fairs, the conditions under which contestants
23shall be entered into contests, the qualification and

 

 

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1disqualification requirements of contests, the drug testing
2requirements for contests (if applicable), the premiums to be
3offered to contest winners, the manner in which certificates
4of award shall be distributed and premiums paid to contest
5winners, the penalty for violations of a rule, condition,
6instruction, or directive, and requirements of contests,
7including but not limited to the return of all premiums paid,
8the forfeiture of awards, and the prohibition of participating
9in future contests, and all other rules and requirements for
10contests. These rules, conditions, instructions, directives,
11and requirements shall be exempt from the rulemaking
12procedures of the Illinois Administrative Procedure Act. All
13such publications issued by the Department that relate to a
14contest, event, or exhibit shall be maintained as a public
15record at the Department's principal office in Springfield,
16Illinois, and made available for public inspection and copying
17during regular business hours.
18    (c) Fees. The Department shall establish and publish for
19the Illinois State Fair and the DuQuoin State Fair a schedule
20of admission fees, entry fees, concession fees, space rentals
21and other fees for activities offered or provided at each
22State Fair. These schedules of fees shall be maintained as a
23public record at the Department's principal office in
24Springfield, Illinois, and made available for public
25inspection and copying during regular business, but shall be
26exempt from the rulemaking procedures of the Illinois

 

 

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1Administrative Procedure Act.
2    (d) Facilities. The Department may negotiate and enter
3into contracts for activities and use of facilities for which
4there is not an established or published schedule. The
5contract criteria shall be established by rule, pursuant to
6the Illinois Administrative Procedure Act. The Department may
7lease any of its facilities for activities during the State
8Fair.
9    (e) Advertising. The Illinois State Fair in Springfield
10and the DuQuoin State Fair shall have the power and authority
11to sell or exchange advertising rights in all of its
12publications and printed materials. The sale of advertising
13shall be subject to the rules promulgated by the Department,
14pursuant to the Illinois Administrative Procedure Act. All
15income derived from the sale of advertising at the Illinois
16State Fair in Springfield shall be deposited into the Illinois
17State Fair Fund. All income derived from the sale of
18advertising at the DuQuoin State Fair shall be deposited into
19the Agricultural Premium Fund.
20    (f) Veterans. On the day set aside as Veterans Day,
21honorably discharged veterans and members of their families
22shall be admitted without admission charge upon presentation
23of identification of any of the following: honorable discharge
24certificate, or photostatic copy thereof, or a paid up
25membership card in any recognized veterans organization.
26    (g) Government functions. The Governor, Lieutenant

 

 

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1Governor, Attorney General, Secretary of State, Treasurer,
2Comptroller, President and Minority Leader of the Senate, and
3Minority Leader of the House of Representatives shall be
4afforded space for official governmental functions, without
5charge, during the State Fair and the DuQuoin State Fair.
6(Source: P.A. 93-1055, eff. 11-23-04.)
 
7    Section 10. The Illinois Promotion Act is amended by
8changing Section 4b as follows:
 
9    (20 ILCS 665/4b)
10    Sec. 4b. Coordinating Committee. There is created a
11Coordinating Committee of State agencies involved with tourism
12in the State of Illinois. The Committee shall consist of the
13Director of Commerce and Economic Opportunity as chairman, the
14Lieutenant Governor, the Secretary of Transportation or his or
15her designee, and the head executive officer or his or her
16designee of the following: the Lincoln Presidential Library;
17the Department of Natural Resources; the Department of
18Agriculture; the Illinois Arts Council; the Illinois Community
19College Board; and the Board of Higher Education; and the
20Grape and Wine Resources Council. The Committee shall also
21include 4 members of the Illinois General Assembly, one of
22whom shall be named by the Speaker of the House of
23Representatives, one of whom shall be named by the Minority
24Leader of the House of Representatives, one of whom who shall

 

 

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1be named by the President of the Senate, and one of whom shall
2be named by the Minority Leader of the Senate. The Committee
3shall meet at least quarterly and at other times as called by
4the chair. The Committee shall coordinate the promotion and
5development of tourism activities throughout State government.
6(Source: P.A. 94-793, eff. 5-19-06.)
 
7    (20 ILCS 1305/10-6 rep.)
8    Section 15. The Department of Human Services Act is
9amended by repealing Section 10-6.
 
10    (20 ILCS 2310/2310-358 rep.)
11    Section 17. The Department of Public Health Powers and
12Duties Law of the Civil Administrative Code of Illinois is
13amended by repealing Section 2310-358.
 
14    Section 20. The State Finance Act is amended by changing
15Section 6a as follows:
 
16    (30 ILCS 105/6a)  (from Ch. 127, par. 142a)
17    Sec. 6a. (1) The following items of income received by the
18State Colleges and Universities under the jurisdiction of the
19Board of Governors of State Colleges and Universities for
20general operational and educational purposes shall be paid
21into the state treasury without delay and shall be covered
22into a special fund to be known as the Board of Governors of

 

 

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1State Colleges and Universities Income Fund: (a) tuition,
2laboratory, library fees, and any interest which may be earned
3thereon not later than 20 days after receipt of the same
4without any deductions except for refunds to students for whom
5duplicate payment has been made and to students who have
6withdrawn after registration and who are entitled to such
7refunds; and (b) excess income from auxiliary enterprises and
8activities as provided in paragraph (2) of this Section, and
9all other income arising out of any activity or purpose not
10specified in paragraph (2) of this Section or in Section 6a-2
11not later than 10 days after receipt of the same and without
12any deduction whatever. Such items of income shall be either
13paid into the State treasury or deposited into a college or
14university bank account within the time period established for
15like amounts in Section 2 of the State Officers and Employees
16Money Disposition Act; provided, that if deposited into a bank
17account, such items together with interest thereon shall be
18paid into the State treasury as provided in the preceding
19sentence. The General Assembly shall from time to time make
20appropriations payable from the Board of Governors of State
21Colleges and Universities Income Fund for the support and
22improvement of such State Colleges and Universities.
23    (2) The following items of income shall be retained by
24each such State College or University or by the Board of
25Governors of State Colleges and Universities in its own
26treasury: endowment funds, gifts, trust funds, and Federal

 

 

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1aid; funds received in connection with contracts with
2governmental, public or private agencies or persons, for
3research or services including funds which are paid as
4reimbursement to the State College or University or to the
5Board of Governors of State Colleges and Universities and
6funds received in connection with its operation of research
7and high technology parks; funds received in connection with
8reserves authorized by Section 8a of "An Act to provide for the
9management, operation, control and maintenance of the State
10Colleges and Universities System", approved July 2, 1951, as
11amended; funds received in connection with the retention,
12receipt, assignment, license, sale or transfer of interests
13in, rights to, or income from discoveries, inventions,
14patents, or copyrightable works; funds retained by the State
15College or University under the authority of Section 6a-2, and
16funds received from the operation of student or staff
17residence facilities, student and staff medical and health
18programs, Union buildings, bookstores, farms, stores, and
19other auxiliary enterprises or activities which are
20self-supporting in whole or in part. Any income derived from
21such auxiliary enterprises or activities which is not
22necessary to their support, maintenance, or development shall
23not, however, be applied to any general operational or
24educational purpose but shall be paid into the State Treasury
25as provided in paragraph (1) of this Section.
26    Whenever such funds retained by each such State College or

 

 

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1University or by the Board of Governors of State Colleges and
2Universities in its own treasury are deposited with a bank or
3savings and loan association and the amount of the deposit
4exceeds the amount of federal deposit insurance coverage, a
5bond or pledged securities shall be obtained. Only the types
6of securities which the State Treasurer may, in his
7discretion, accept for amounts not insured by the Federal
8Deposit Insurance Corporation or the Federal Savings and Loan
9Insurance Corporation under Section 11 of "An Act in relation
10to State moneys", approved June 28, 1919, as amended, may be
11accepted as pledged securities. The market value of the bond
12or pledged securities shall at all times be equal to or greater
13than the uninsured portion of the deposit.
14    (3) (Blank). All monies received by the Cooperative
15Computer Center operated and maintained by Governors State
16University, in conjunction and pursuant to contracts with
17other State universities, shall be deposited in the
18Cooperative Computer Center Revolving Fund. The General
19Assembly shall from time to time make appropriations from the
20Cooperative Computer Center Revolving Fund to be used for
21expenditures incurred by the Cooperative Computer Center.
22    (4) The Auditor General shall audit or cause to be audited
23the above items of income and all other income and
24expenditures of such institutions.
25    (5) Beginning on January 1, 1996, the provisions of
26paragraphs (1) and (2) of this Section shall be superseded by

 

 

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1Section 5-35 of the Chicago State University Law and Section
26a-1c of the State Finance Act with respect to Chicago State
3University; by Section 10-35 of the Eastern Illinois
4University Law and Section 6a-1d of the State Finance Act with
5respect to Eastern Illinois University; by Section 15-35 of
6the Governors State University Law and Section 6a-1e of the
7State Finance Act with respect to Governors State University;
8by Section 25-35 of the Northeastern Illinois University Law
9and Section 6a-1f of the State Finance Act with respect to
10Northeastern Illinois University; and by Section 35-35 of the
11Western Illinois University Law and Section 6a-1g of the State
12Finance Act with respect to Western Illinois University. On
13January 1, 1996, all items of income and other funds
14deposited, retained, or otherwise held under paragraphs (1)
15and (2) of this Section shall be transferred, appropriated,
16retained and used as provided by the provisions of law cited in
17this paragraph as superseding the provisions of paragraphs (1)
18and (2) of this Section.
19(Source: P.A. 89-4, eff. 1-1-96.)
 
20    (30 ILCS 105/5.72 rep.)
21    (30 ILCS 105/5.599 rep.)
22    (30 ILCS 105/5.748 rep.)
23    (30 ILCS 105/6w rep.)
24    (30 ILCS 105/8k rep.)
25    Section 23. The State Finance Act is amended by repealing

 

 

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1Sections 5.72, 5.599, 5.748, 6w, and 8k.
 
2    Section 25. The Illinois Income Tax Act is amended by
3changing Section 507DDD as follows:
 
4    (35 ILCS 5/507DDD)
5    Sec. 507DDD. Special Olympics Illinois and Special
6Children's Checkoff. For taxable years beginning on or after
7January 1, 2015, the Department shall print on its standard
8individual income tax form a provision indicating that if the
9taxpayer wishes to contribute to the Special Olympics Illinois
10and Special Children's Charities Checkoff Fund as authorized
11by Public Act 99-423, he or she may do so by stating the amount
12of the contribution (not less than $1) on the return and that
13the contribution will reduce the taxpayer's refund or increase
14the amount of payment to accompany the return. Failure to
15remit any amount of increased payment shall reduce the
16contribution accordingly. This Section shall not apply to an
17amended return. For the purpose of this Section, the
18Department of Revenue must distribute the moneys as provided
19in subsection 21.9(b) of the Illinois Lottery Law: (i) 75% of
20the moneys to Special Olympics Illinois to support the
21statewide training, competitions, and programs for future
22Special Olympics athletes; and (ii) 25% of the moneys to
23Special Children's Charities to support the City of
24Chicago-wide training, competitions, and programs for future

 

 

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1Special Olympics athletes.
2(Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
 
3    (35 ILCS 5/507AA rep.)
4    (35 ILCS 5/507BB rep.)
5    (35 ILCS 5/507TT rep.)
6    Section 30. The Illinois Income Tax Act is amended by
7repealing Sections 507AA, 507BB, and 507TT.
 
8    Section 35. The Illinois Estate and Generation-Skipping
9Transfer Tax Act is amended by changing Section 13 as follows:
 
10    (35 ILCS 405/13)  (from Ch. 120, par. 405A-13)
11    Sec. 13. Collection by county treasurers; tax collection
12distribution fund.
13    (a) Collection by county treasurers. Each county treasurer
14shall transmit to the State Treasurer all taxes, interest or
15penalties paid to the county treasurer under this Act and in
16the county treasurer's possession as of the last day of the
17previous month, together with a report under oath identifying
18the taxpayer for or by whom an amount was paid. Those amounts
19and the report shall be transmitted to and received by the
20State Treasurer by the 10th day of each month. At the same
21time, a copy of the report shall be furnished to the Attorney
22General. The report shall be in a form and contain the
23particulars as the State Treasurer may prescribe. The State

 

 

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1Treasurer shall give the county treasurer a receipt for the
2amount transmitted to the State Treasurer. Except as provided
3in subsection (a-5) of this Section, if any county treasurer
4fails to pay to the State Treasurer all amounts that may be due
5and payable under this Act as required by this Section, the
6county treasurer shall pay to the State Treasurer, as a
7penalty, a sum of money equal to the interest on the amounts
8not paid at the rate of 1% per month from the time those
9amounts are due by the county treasurer until those amounts
10are paid. The sureties upon the official bond of the county
11treasurer shall be security for the payment of the penalty.
12The penalty under this Section may be recovered in a civil
13action against the county treasurer and his or her sureties,
14in the name of the People of the State of Illinois, in the
15circuit court within the county wherein the county treasurer
16is resident; and the penalty, when recovered, shall be paid
17into the State treasury. The civil action to recover the
18penalty shall be brought by the State treasurer within 10 days
19after the failure of the county treasurer to pay to the State
20Treasurer any amounts collected by the county treasurer within
21the time required by this Act. Failure to bring the action
22within that time shall not prevent the bringing of the action
23thereafter. It is the duty of the State Treasurer to make
24necessary and proper investigation to determine what amounts
25should be paid under this Act.
26    (a-5) The State Treasurer may waive penalties imposed by

 

 

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1subsection (a) of this Section on a case-by-case basis if the
2State Treasurer finds that imposing penalties would be
3unreasonable or unnecessarily burdensome because the delay in
4payment was due to an incident caused by the operation of an
5extraordinary force, including, but not limited to, the
6occurrence of a natural disaster, that cannot be foreseen,
7that cannot be avoided by the exercise of due care, and for
8which no person can be held liable.
9    (b) (Blank). Transfer Tax Collection Distributive Fund.
10The Transfer Tax Collection Distributive Fund is created as a
11special fund in the State treasury. The Fund is a continuation
12of the Fund of the same name created under the Illinois Estate
13Tax Law, repealed by this Act. As soon as may be after the
14first day of each month after the effective date of this Act,
15and before September 1, 2012, the State Treasurer shall
16transfer from the General Revenue Fund to the Transfer Tax
17Collection Distributive Fund an amount equal to 6% of the net
18revenue realized from this Act during the preceding month.
19    As soon as may be after the first day of each month, the
20State Treasurer shall allocate among the counties of this
21State the amount available in the Transfer Tax Collection
22Distributive Fund. The allocation to each county shall be 6%
23of the net revenues collected by the county treasurer under
24this Act. The State Comptroller, pursuant to appropriation,
25shall then pay those allocations over to the counties. As soon
26as possible after all of the required monthly allocations are

 

 

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1made from the Transfer Tax Collection Distributive Fund and
2before September 1, 2012, the State Comptroller shall order
3transferred and the State Treasurer shall transfer any moneys
4remaining in the Transfer Tax Collection Distributive Fund
5from that Fund to the General Revenue Fund, and the Transfer
6Tax Collection Distributive Fund shall be dissolved.
7    (c) On and after July 1, 2012, 94% of the amounts collected
8from the taxes, interest, and penalties collected under this
9Act shall be deposited into the General Revenue Fund and 6% of
10those amounts shall be deposited into the Estate Tax Refund
11Fund, a special fund created in the State treasury.
12    Moneys in the Estate Tax Refund Fund shall be expended
13exclusively for the purpose of paying refunds resulting from
14overpayment of tax liability under this Act, except that,
15whenever the State Treasurer determines that any such moneys
16in the Fund exceed the amount required for the purpose of
17paying refunds resulting from overpayment of tax liability
18under this Act, the State Treasurer may transfer any such
19excess amounts from the Estate Tax Refund Fund to the General
20Revenue Fund.
21    The Treasurer shall order payment of refunds resulting
22from overpayment of tax liability under this Act from the
23Estate Tax Refund Fund only to the extent that amounts have
24been deposited and retained in the Fund.
25    Public Act 97-732 This amendatory Act of the 97th General
26Assembly shall constitute an irrevocable and continuing

 

 

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1appropriation from the Estate Tax Refund Fund for the purpose
2of paying refunds upon the order of the Treasurer in
3accordance with the provisions of this Act and for the purpose
4of paying refunds under this Act.
5(Source: P.A. 96-1162, eff. 7-21-10; 97-732, eff. 6-30-12.)
 
6    (235 ILCS 5/1-3.37 rep.)
7    Section 40. The Liquor Control Act of 1934 is amended by
8repealing Section 1-3.37.
 
9    (305 ILCS 40/Act rep.)
10    Section 45. The Nursing Home Grant Assistance Act is
11repealed.
 
12    Section 50. The Clerks of Courts Act is amended by
13changing Section 27.1b as follows:
 
14    (705 ILCS 105/27.1b)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
17other provision of law, all fees charged by the clerks of the
18circuit court for the services described in this Section shall
19be established, collected, and disbursed in accordance with
20this Section. Except as otherwise specified in this Section,
21all fees under this Section shall be paid in advance and
22disbursed by each clerk on a monthly basis. In a county with a

 

 

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1population of over 3,000,000, units of local government and
2school districts shall not be required to pay fees under this
3Section in advance and the clerk shall instead send an
4itemized bill to the unit of local government or school
5district, within 30 days of the fee being incurred, and the
6unit of local government or school district shall be allowed
7at least 30 days from the date of the itemized bill to pay;
8these payments shall be disbursed by each clerk on a monthly
9basis. Unless otherwise specified in this Section, the amount
10of a fee shall be determined by ordinance or resolution of the
11county board and remitted to the county treasurer to be used
12for purposes related to the operation of the court system in
13the county. In a county with a population of over 3,000,000,
14any amount retained by the clerk of the circuit court or
15remitted to the county treasurer shall be subject to
16appropriation by the county board.
17    (a) Civil cases. The fee for filing a complaint, petition,
18or other pleading initiating a civil action shall be as set
19forth in the applicable schedule under this subsection in
20accordance with case categories established by the Supreme
21Court in schedules.
22        (1) SCHEDULE 1: not to exceed a total of $366 in a
23    county with a population of 3,000,000 or more and not to
24    exceed $316 in any other county, except as applied to
25    units of local government and school districts in counties
26    with more than 3,000,000 inhabitants an amount not to

 

 

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1    exceed $190 through December 31, 2021 and $184 on and
2    after January 1, 2022. The fees collected under this
3    schedule shall be disbursed as follows:
4            (A) The clerk shall retain a sum, in an amount not
5        to exceed $55 in a county with a population of
6        3,000,000 or more and in an amount not to exceed $45 in
7        any other county determined by the clerk with the
8        approval of the Supreme Court, to be used for court
9        automation, court document storage, and administrative
10        purposes.
11            (B) The clerk shall remit up to $21 to the State
12        Treasurer. The State Treasurer shall deposit the
13        appropriate amounts, in accordance with the clerk's
14        instructions, as follows:
15                (i) up to $10, as specified by the Supreme
16            Court in accordance with Part 10A of Article II of
17            the Code of Civil Procedure, into the Mandatory
18            Arbitration Fund;
19                (ii) $2 into the Access to Justice Fund; and
20                (iii) $9 into the Supreme Court Special
21            Purposes Fund.
22            (C) The clerk shall remit a sum to the County
23        Treasurer, in an amount not to exceed $290 in a county
24        with a population of 3,000,000 or more and in an amount
25        not to exceed $250 in any other county, as specified by
26        ordinance or resolution passed by the county board,

 

 

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1        for purposes related to the operation of the court
2        system in the county.
3        (2) SCHEDULE 2: not to exceed a total of $357 in a
4    county with a population of 3,000,000 or more and not to
5    exceed $266 in any other county, except as applied to
6    units of local government and school districts in counties
7    with more than 3,000,000 inhabitants an amount not to
8    exceed $190 through December 31, 2021 and $184 on and
9    after January 1, 2022. The fees collected under this
10    schedule shall be disbursed as follows:
11            (A) The clerk shall retain a sum, in an amount not
12        to exceed $55 in a county with a population of
13        3,000,000 or more and in an amount not to exceed $45 in
14        any other county determined by the clerk with the
15        approval of the Supreme Court, to be used for court
16        automation, court document storage, and administrative
17        purposes.
18            (B) The clerk shall remit up to $21 to the State
19        Treasurer. The State Treasurer shall deposit the
20        appropriate amounts, in accordance with the clerk's
21        instructions, as follows:
22                (i) up to $10, as specified by the Supreme
23            Court in accordance with Part 10A of Article II of
24            the Code of Civil Procedure, into the Mandatory
25            Arbitration Fund;
26                (ii) $2 into the Access to Justice Fund: and

 

 

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1                (iii) $9 into the Supreme Court Special
2            Purposes Fund.
3            (C) The clerk shall remit a sum to the County
4        Treasurer, in an amount not to exceed $281 in a county
5        with a population of 3,000,000 or more and in an amount
6        not to exceed $200 in any other county, as specified by
7        ordinance or resolution passed by the county board,
8        for purposes related to the operation of the court
9        system in the county.
10        (3) SCHEDULE 3: not to exceed a total of $265 in a
11    county with a population of 3,000,000 or more and not to
12    exceed $89 in any other county, except as applied to units
13    of local government and school districts in counties with
14    more than 3,000,000 inhabitants an amount not to exceed
15    $190 through December 31, 2021 and $184 on and after
16    January 1, 2022. The fees collected under this schedule
17    shall be disbursed as follows:
18            (A) The clerk shall retain a sum, in an amount not
19        to exceed $55 in a county with a population of
20        3,000,000 or more and in an amount not to exceed $22 in
21        any other county determined by the clerk with the
22        approval of the Supreme Court, to be used for court
23        automation, court document storage, and administrative
24        purposes.
25            (B) The clerk shall remit $11 to the State
26        Treasurer. The State Treasurer shall deposit the

 

 

HB1726- 20 -LRB102 13675 HLH 19025 b

1        appropriate amounts in accordance with the clerk's
2        instructions, as follows:
3                (i) $2 into the Access to Justice Fund; and
4                (ii) $9 into the Supreme Court Special
5            Purposes Fund.
6            (C) The clerk shall remit a sum to the County
7        Treasurer, in an amount not to exceed $199 in a county
8        with a population of 3,000,000 or more and in an amount
9        not to exceed $56 in any other county, as specified by
10        ordinance or resolution passed by the county board,
11        for purposes related to the operation of the court
12        system in the county.
13        (4) SCHEDULE 4: $0.
14    (b) Appearance. The fee for filing an appearance in a
15civil action, including a cannabis civil law action under the
16Cannabis Control Act, shall be as set forth in the applicable
17schedule under this subsection in accordance with case
18categories established by the Supreme Court in schedules.
19        (1) SCHEDULE 1: not to exceed a total of $230 in a
20    county with a population of 3,000,000 or more and not to
21    exceed $191 in any other county, except as applied to
22    units of local government and school districts in counties
23    with more than 3,000,000 inhabitants an amount not to
24    exceed $75. The fees collected under this schedule shall
25    be disbursed as follows:
26            (A) The clerk shall retain a sum, in an amount not

 

 

HB1726- 21 -LRB102 13675 HLH 19025 b

1        to exceed $50 in a county with a population of
2        3,000,000 or more and in an amount not to exceed $45 in
3        any other county determined by the clerk with the
4        approval of the Supreme Court, to be used for court
5        automation, court document storage, and administrative
6        purposes.
7            (B) The clerk shall remit up to $21 to the State
8        Treasurer. The State Treasurer shall deposit the
9        appropriate amounts, in accordance with the clerk's
10        instructions, as follows:
11                (i) up to $10, as specified by the Supreme
12            Court in accordance with Part 10A of Article II of
13            the Code of Civil Procedure, into the Mandatory
14            Arbitration Fund;
15                (ii) $2 into the Access to Justice Fund; and
16                (iii) $9 into the Supreme Court Special
17            Purposes Fund.
18            (C) The clerk shall remit a sum to the County
19        Treasurer, in an amount not to exceed $159 in a county
20        with a population of 3,000,000 or more and in an amount
21        not to exceed $125 in any other county, as specified by
22        ordinance or resolution passed by the county board,
23        for purposes related to the operation of the court
24        system in the county.
25        (2) SCHEDULE 2: not to exceed a total of $130 in a
26    county with a population of 3,000,000 or more and not to

 

 

HB1726- 22 -LRB102 13675 HLH 19025 b

1    exceed $109 in any other county, except as applied to
2    units of local government and school districts in counties
3    with more than 3,000,000 inhabitants an amount not to
4    exceed $75. The fees collected under this schedule shall
5    be disbursed as follows:
6            (A) The clerk shall retain a sum, in an amount not
7        to exceed $50 in a county with a population of
8        3,000,000 or more and in an amount not to exceed $10 in
9        any other county determined by the clerk with the
10        approval of the Supreme Court, to be used for court
11        automation, court document storage, and administrative
12        purposes.
13            (B) The clerk shall remit $9 to the State
14        Treasurer, which the State Treasurer shall deposit
15        into the Supreme Court Special Purposes Purpose Fund.
16            (C) The clerk shall remit a sum to the County
17        Treasurer, in an amount not to exceed $71 in a county
18        with a population of 3,000,000 or more and in an amount
19        not to exceed $90 in any other county, as specified by
20        ordinance or resolution passed by the county board,
21        for purposes related to the operation of the court
22        system in the county.
23        (3) SCHEDULE 3: $0.
24    (b-5) Kane County and Will County. In Kane County and Will
25County civil cases, there is an additional fee of up to $30 as
26set by the county board under Section 5-1101.3 of the Counties

 

 

HB1726- 23 -LRB102 13675 HLH 19025 b

1Code to be paid by each party at the time of filing the first
2pleading, paper, or other appearance; provided that no
3additional fee shall be required if more than one party is
4represented in a single pleading, paper, or other appearance.
5Distribution of fees collected under this subsection (b-5)
6shall be as provided in Section 5-1101.3 of the Counties Code.
7    (c) Counterclaim or third party complaint. When any
8defendant files a counterclaim or third party complaint, as
9part of the defendant's answer or otherwise, the defendant
10shall pay a filing fee for each counterclaim or third party
11complaint in an amount equal to the filing fee the defendant
12would have had to pay had the defendant brought a separate
13action for the relief sought in the counterclaim or third
14party complaint, less the amount of the appearance fee, if
15any, that the defendant has already paid in the action in which
16the counterclaim or third party complaint is filed.
17    (d) Alias summons. The clerk shall collect a fee not to
18exceed $6 in a county with a population of 3,000,000 or more
19and not to exceed $5 in any other county for each alias summons
20or citation issued by the clerk, except as applied to units of
21local government and school districts in counties with more
22than 3,000,000 inhabitants an amount not to exceed $5 for each
23alias summons or citation issued by the clerk.
24    (e) Jury services. The clerk shall collect, in addition to
25other fees allowed by law, a sum not to exceed $212.50, as a
26fee for the services of a jury in every civil action not

 

 

HB1726- 24 -LRB102 13675 HLH 19025 b

1quasi-criminal in its nature and not a proceeding for the
2exercise of the right of eminent domain and in every other
3action wherein the right of trial by jury is or may be given by
4law. The jury fee shall be paid by the party demanding a jury
5at the time of filing the jury demand. If the fee is not paid
6by either party, no jury shall be called in the action or
7proceeding, and the action or proceeding shall be tried by the
8court without a jury.
9    (f) Change of venue. In connection with a change of venue:
10        (1) The clerk of the jurisdiction from which the case
11    is transferred may charge a fee, not to exceed $40, for the
12    preparation and certification of the record; and
13        (2) The clerk of the jurisdiction to which the case is
14    transferred may charge the same filing fee as if it were
15    the commencement of a new suit.
16    (g) Petition to vacate or modify.
17        (1) In a proceeding involving a petition to vacate or
18    modify any final judgment or order filed within 30 days
19    after the judgment or order was entered, except for an
20    eviction case, small claims case, petition to reopen an
21    estate, petition to modify, terminate, or enforce a
22    judgment or order for child or spousal support, or
23    petition to modify, suspend, or terminate an order for
24    withholding, the fee shall not exceed $60 in a county with
25    a population of 3,000,000 or more and shall not exceed $50
26    in any other county, except as applied to units of local

 

 

HB1726- 25 -LRB102 13675 HLH 19025 b

1    government and school districts in counties with more than
2    3,000,000 inhabitants an amount not to exceed $50.
3        (2) In a proceeding involving a petition to vacate or
4    modify any final judgment or order filed more than 30 days
5    after the judgment or order was entered, except for a
6    petition to modify, terminate, or enforce a judgment or
7    order for child or spousal support, or petition to modify,
8    suspend, or terminate an order for withholding, the fee
9    shall not exceed $75.
10        (3) In a proceeding involving a motion to vacate or
11    amend a final order, motion to vacate an ex parte
12    judgment, judgment of forfeiture, or "failure to appear"
13    or "failure to comply" notices sent to the Secretary of
14    State, the fee shall equal $40.
15    (h) Appeals preparation. The fee for preparation of a
16record on appeal shall be based on the number of pages, as
17follows:
18        (1) if the record contains no more than 100 pages, the
19    fee shall not exceed $70 in a county with a population of
20    3,000,000 or more and shall not exceed $50 in any other
21    county;
22        (2) if the record contains between 100 and 200 pages,
23    the fee shall not exceed $100; and
24        (3) if the record contains 200 or more pages, the
25    clerk may collect an additional fee not to exceed 25 cents
26    per page.

 

 

HB1726- 26 -LRB102 13675 HLH 19025 b

1    (i) Remands. In any cases remanded to the circuit court
2from the Supreme Court or the appellate court for a new trial,
3the clerk shall reinstate the case with either its original
4number or a new number. The clerk shall not charge any new or
5additional fee for the reinstatement. Upon reinstatement, the
6clerk shall advise the parties of the reinstatement. Parties
7shall have the same right to a jury trial on remand and
8reinstatement that they had before the appeal, and no
9additional or new fee or charge shall be made for a jury trial
10after remand.
11    (j) Garnishment, wage deduction, and citation. In
12garnishment affidavit, wage deduction affidavit, and citation
13petition proceedings:
14        (1) if the amount in controversy in the proceeding is
15    not more than $1,000, the fee may not exceed $35 in a
16    county with a population of 3,000,000 or more and may not
17    exceed $15 in any other county, except as applied to units
18    of local government and school districts in counties with
19    more than 3,000,000 inhabitants an amount not to exceed
20    $15;
21        (2) if the amount in controversy in the proceeding is
22    greater than $1,000 and not more than $5,000, the fee may
23    not exceed $45 in a county with a population of 3,000,000
24    or more and may not exceed $30 in any other county, except
25    as applied to units of local government and school
26    districts in counties with more than 3,000,000 inhabitants

 

 

HB1726- 27 -LRB102 13675 HLH 19025 b

1    an amount not to exceed $30; and
2        (3) if the amount in controversy in the proceeding is
3    greater than $5,000, the fee may not exceed $65 in a county
4    with a population of 3,000,000 or more and may not exceed
5    $50 in any other county, except as applied to units of
6    local government and school districts in counties with
7    more than 3,000,000 inhabitants an amount not to exceed
8    $50.
9    (j-5) Debt collection. In any proceeding to collect a debt
10subject to the exception in item (ii) of subparagraph (A-5) of
11paragraph (1) of subsection (z) of this Section, the circuit
12court shall order and the clerk shall collect from each
13judgment debtor a fee of:
14        (1) $35 if the amount in controversy in the proceeding
15    is not more than $1,000;
16        (2) $45 if the amount in controversy in the proceeding
17    is greater than $1,000 and not more than $5,000; and
18        (3) $65 if the amount in controversy in the proceeding
19    is greater than $5,000.
20    (k) Collections.
21        (1) For all collections made of others, except the
22    State and county and except in maintenance or child
23    support cases, the clerk may collect a fee of up to 2.5% of
24    the amount collected and turned over.
25        (2) In child support and maintenance cases, the clerk
26    may collect an annual fee of up to $36 from the person

 

 

HB1726- 28 -LRB102 13675 HLH 19025 b

1    making payment for maintaining child support records and
2    the processing of support orders to the State of Illinois
3    KIDS system and the recording of payments issued by the
4    State Disbursement Unit for the official record of the
5    Court. This fee is in addition to and separate from
6    amounts ordered to be paid as maintenance or child support
7    and shall be deposited into a Separate Maintenance and
8    Child Support Collection Fund, of which the clerk shall be
9    the custodian, ex officio, to be used by the clerk to
10    maintain child support orders and record all payments
11    issued by the State Disbursement Unit for the official
12    record of the Court. The clerk may recover from the person
13    making the maintenance or child support payment any
14    additional cost incurred in the collection of this annual
15    fee.
16        (3) The clerk may collect a fee of $5 for
17    certifications made to the Secretary of State as provided
18    in Section 7-703 of the Illinois Vehicle Code, and this
19    fee shall be deposited into the Separate Maintenance and
20    Child Support Collection Fund.
21        (4) In proceedings to foreclose the lien of delinquent
22    real estate taxes, State's Attorneys shall receive a fee
23    of 10% of the total amount realized from the sale of real
24    estate sold in the proceedings. The clerk shall collect
25    the fee from the total amount realized from the sale of the
26    real estate sold in the proceedings and remit to the

 

 

HB1726- 29 -LRB102 13675 HLH 19025 b

1    County Treasurer to be credited to the earnings of the
2    Office of the State's Attorney.
3    (l) Mailing. The fee for the clerk mailing documents shall
4not exceed $10 plus the cost of postage.
5    (m) Certified copies. The fee for each certified copy of a
6judgment, after the first copy, shall not exceed $10.
7    (n) Certification, authentication, and reproduction.
8        (1) The fee for each certification or authentication
9    for taking the acknowledgment of a deed or other
10    instrument in writing with the seal of office shall not
11    exceed $6.
12        (2) The fee for reproduction of any document contained
13    in the clerk's files shall not exceed:
14            (A) $2 for the first page;
15            (B) 50 cents per page for the next 19 pages; and
16            (C) 25 cents per page for all additional pages.
17    (o) Record search. For each record search, within a
18division or municipal district, the clerk may collect a search
19fee not to exceed $6 for each year searched.
20    (p) Hard copy. For each page of hard copy print output,
21when case records are maintained on an automated medium, the
22clerk may collect a fee not to exceed $10 in a county with a
23population of 3,000,000 or more and not to exceed $6 in any
24other county, except as applied to units of local government
25and school districts in counties with more than 3,000,000
26inhabitants an amount not to exceed $6.

 

 

HB1726- 30 -LRB102 13675 HLH 19025 b

1    (q) Index inquiry and other records. No fee shall be
2charged for a single plaintiff and defendant index inquiry or
3single case record inquiry when this request is made in person
4and the records are maintained in a current automated medium,
5and when no hard copy print output is requested. The fees to be
6charged for management records, multiple case records, and
7multiple journal records may be specified by the Chief Judge
8pursuant to the guidelines for access and dissemination of
9information approved by the Supreme Court.
10    (r) Performing a marriage. There shall be a $10 fee for
11performing a marriage in court.
12    (s) Voluntary assignment. For filing each deed of
13voluntary assignment, the clerk shall collect a fee not to
14exceed $20. For recording a deed of voluntary assignment, the
15clerk shall collect a fee not to exceed 50 cents for each 100
16words. Exceptions filed to claims presented to an assignee of
17a debtor who has made a voluntary assignment for the benefit of
18creditors shall be considered and treated, for the purpose of
19taxing costs therein, as actions in which the party or parties
20filing the exceptions shall be considered as party or parties
21plaintiff, and the claimant or claimants as party or parties
22defendant, and those parties respectively shall pay to the
23clerk the same fees as provided by this Section to be paid in
24other actions.
25    (t) Expungement petition. The clerk may collect a fee not
26to exceed $60 for each expungement petition filed and an

 

 

HB1726- 31 -LRB102 13675 HLH 19025 b

1additional fee not to exceed $4 for each certified copy of an
2order to expunge arrest records.
3    (u) Transcripts of judgment. For the filing of a
4transcript of judgment, the clerk may collect the same fee as
5if it were the commencement of a new suit.
6    (v) Probate filings.
7        (1) For each account (other than one final account)
8    filed in the estate of a decedent, or ward, the fee shall
9    not exceed $25.
10        (2) For filing a claim in an estate when the amount
11    claimed is greater than $150 and not more than $500, the
12    fee shall not exceed $40 in a county with a population of
13    3,000,000 or more and shall not exceed $25 in any other
14    county; when the amount claimed is greater than $500 and
15    not more than $10,000, the fee shall not exceed $55 in a
16    county with a population of 3,000,000 or more and shall
17    not exceed $40 in any other county; and when the amount
18    claimed is more than $10,000, the fee shall not exceed $75
19    in a county with a population of 3,000,000 or more and
20    shall not exceed $60 in any other county; except the court
21    in allowing a claim may add to the amount allowed the
22    filing fee paid by the claimant.
23        (3) For filing in an estate a claim, petition, or
24    supplemental proceeding based upon an action seeking
25    equitable relief including the construction or contest of
26    a will, enforcement of a contract to make a will, and

 

 

HB1726- 32 -LRB102 13675 HLH 19025 b

1    proceedings involving testamentary trusts or the
2    appointment of testamentary trustees, the fee shall not
3    exceed $60.
4        (4) There shall be no fee for filing in an estate: (i)
5    the appearance of any person for the purpose of consent;
6    or (ii) the appearance of an executor, administrator,
7    administrator to collect, guardian, guardian ad litem, or
8    special administrator.
9        (5) For each jury demand, the fee shall not exceed
10    $137.50.
11        (6) For each certified copy of letters of office, of
12    court order, or other certification, the fee shall not
13    exceed $2 per page.
14        (7) For each exemplification, the fee shall not exceed
15    $2, plus the fee for certification.
16        (8) The executor, administrator, guardian, petitioner,
17    or other interested person or his or her attorney shall
18    pay the cost of publication by the clerk directly to the
19    newspaper.
20        (9) The person on whose behalf a charge is incurred
21    for witness, court reporter, appraiser, or other
22    miscellaneous fees shall pay the same directly to the
23    person entitled thereto.
24        (10) The executor, administrator, guardian,
25    petitioner, or other interested person or his or her
26    attorney shall pay to the clerk all postage charges

 

 

HB1726- 33 -LRB102 13675 HLH 19025 b

1    incurred by the clerk in mailing petitions, orders,
2    notices, or other documents pursuant to the provisions of
3    the Probate Act of 1975.
4    (w) Corrections of numbers. For correction of the case
5number, case title, or attorney computer identification
6number, if required by rule of court, on any document filed in
7the clerk's office, to be charged against the party that filed
8the document, the fee shall not exceed $25.
9    (x) Miscellaneous.
10        (1) Interest earned on any fees collected by the clerk
11    shall be turned over to the county general fund as an
12    earning of the office.
13        (2) For any check, draft, or other bank instrument
14    returned to the clerk for non-sufficient funds, account
15    closed, or payment stopped, the clerk shall collect a fee
16    of $25.
17    (y) Other fees. Any fees not covered in this Section shall
18be set by rule or administrative order of the circuit court
19with the approval of the Administrative Office of the Illinois
20Courts. The clerk of the circuit court may provide services in
21connection with the operation of the clerk's office, other
22than those services mentioned in this Section, as may be
23requested by the public and agreed to by the clerk and approved
24by the Chief Judge. Any charges for additional services shall
25be as agreed to between the clerk and the party making the
26request and approved by the Chief Judge. Nothing in this

 

 

HB1726- 34 -LRB102 13675 HLH 19025 b

1subsection shall be construed to require any clerk to provide
2any service not otherwise required by law.
3    (y-5) Unpaid fees. Unless a court ordered payment schedule
4is implemented or the fee requirements of this Section are
5waived under a court order, the clerk of the circuit court may
6add to any unpaid fees and costs under this Section a
7delinquency amount equal to 5% of the unpaid fees that remain
8unpaid after 30 days, 10% of the unpaid fees that remain unpaid
9after 60 days, and 15% of the unpaid fees that remain unpaid
10after 90 days. Notice to those parties may be made by signage
11posting or publication. The additional delinquency amounts
12collected under this Section shall be deposited into the
13Circuit Court Clerk Operations and Administration Fund and
14used to defray additional administrative costs incurred by the
15clerk of the circuit court in collecting unpaid fees and
16costs.
17    (z) Exceptions.
18        (1) No fee authorized by this Section shall apply to:
19            (A) police departments or other law enforcement
20        agencies. In this Section, "law enforcement agency"
21        means: an agency of the State or agency of a unit of
22        local government which is vested by law or ordinance
23        with the duty to maintain public order and to enforce
24        criminal laws or ordinances; the Attorney General; or
25        any State's Attorney;
26            (A-5) any unit of local government or school

 

 

HB1726- 35 -LRB102 13675 HLH 19025 b

1        district, except in counties having a population of
2        500,000 or more the county board may by resolution set
3        fees for units of local government or school districts
4        no greater than the minimum fees applicable in
5        counties with a population less than 3,000,000;
6        provided however, no fee may be charged to any unit of
7        local government or school district in connection with
8        any action which, in whole or in part, is: (i) to
9        enforce an ordinance; (ii) to collect a debt; or (iii)
10        under the Administrative Review Law;
11            (B) any action instituted by the corporate
12        authority of a municipality with more than 1,000,000
13        inhabitants under Section 11-31-1 of the Illinois
14        Municipal Code and any action instituted under
15        subsection (b) of Section 11-31-1 of the Illinois
16        Municipal Code by a private owner or tenant of real
17        property within 1,200 feet of a dangerous or unsafe
18        building seeking an order compelling the owner or
19        owners of the building to take any of the actions
20        authorized under that subsection;
21            (C) any commitment petition or petition for an
22        order authorizing the administration of psychotropic
23        medication or electroconvulsive therapy under the
24        Mental Health and Developmental Disabilities Code;
25            (D) a petitioner in any order of protection
26        proceeding, including, but not limited to, fees for

 

 

HB1726- 36 -LRB102 13675 HLH 19025 b

1        filing, modifying, withdrawing, certifying, or
2        photocopying petitions for orders of protection,
3        issuing alias summons, any related filing service, or
4        certifying, modifying, vacating, or photocopying any
5        orders of protection; or
6            (E) proceedings for the appointment of a
7        confidential intermediary under the Adoption Act.
8        (2) No fee other than the filing fee contained in the
9    applicable schedule in subsection (a) shall be charged to
10    any person in connection with an adoption proceeding.
11        (3) Upon good cause shown, the court may waive any
12    fees associated with a special needs adoption. The term
13    "special needs adoption" has the meaning provided by the
14    Illinois Department of Children and Family Services.
15    (aa) This Section is repealed on January 1, 2022.
16(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
17100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
188-18-20.)
 
19    Section 55. The Criminal and Traffic Assessment Act is
20amended by changing Section 15-20 as follows:
 
21    (705 ILCS 135/15-20)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 15-20. SCHEDULE 4; felony sex offenses.
24    SCHEDULE 4: For a felony or attempted felony under Article

 

 

HB1726- 37 -LRB102 13675 HLH 19025 b

111 or Section 12-33 of the Criminal Code of 2012, the Clerk of
2the Circuit Court shall collect $1,314 and remit as follows:
3    (1) As the county's portion, $354 to the county treasurer,
4who shall deposit the money as follows:
5        (A) $20 into the Court Automation Fund;
6        (B) $20 into the Court Document Storage Fund;
7        (C) $5 into the Circuit Court Clerk Operation and
8    Administrative Fund;
9        (D) $255 into the county's General Fund;
10        (E) $10 into the Child Advocacy Center Fund;
11        (F) $2 into the State's Attorney Records Automation
12    Fund;
13        (G) $2 into the Public Defender Records Automation
14    Fund;
15        (H) $20 into the County Jail Medical Costs Fund; and
16        (I) $20 into the Probation and Court Services Fund.
17    (2) As the State's portion, $960 to the State Treasurer,
18who shall deposit the money as follows:
19        (A) $520 into the State Police Operations Assistance
20    Fund;
21        (B) $100 into the Violent Crime Victims Assistance
22    Fund;
23        (C) $200 into the Sexual Assault Services Fund;
24        (D) $100 into the Domestic Violence Shelter and
25    Service Services Fund;
26        (E) $5 into the State Police Merit Board Public Safety

 

 

HB1726- 38 -LRB102 13675 HLH 19025 b

1    Fund; and
2        (F) $35 into the Traffic and Criminal Conviction
3    Surcharge Fund.
4(Source: P.A. 100-987, eff. 7-1-19.)
 
5    Section 60. The Unified Code of Corrections is amended by
6changing Section 5-9-1.22 as follows:
 
7    (730 ILCS 5/5-9-1.22)
8    Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who
9is convicted or receives a disposition of court supervision
10for a violation of Section 11-501 of the Illinois Vehicle Code
11shall, in addition to any other disposition, penalty, or fine
12imposed, pay a fee of $50 which shall be collected by the clerk
13of the court and then remitted to the State Treasurer for
14deposit into the Roadside Memorial Fund, a special fund that
15is created in the State treasury. However, the court may waive
16the fee if full restitution is complied with. Subject to
17appropriation, all moneys in the Roadside Memorial Fund shall
18be used by the Department of Transportation to pay fees
19imposed under subsection (f) of Section 20 of the Roadside
20Memorial Act.
21    This Section is substantially the same as Section 5-9-1.18
225-9-1.8 of the Unified Code of Corrections, which Section was
23repealed by Public Act 100-987, and shall be construed as a
24continuation of the fee established by that prior law, and not

 

 

HB1726- 39 -LRB102 13675 HLH 19025 b

1as a new or different fee.
2(Source: P.A. 101-10, eff. 6-5-19.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.