Illinois General Assembly - Full Text of HB3905
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Full Text of HB3905  101st General Assembly

HB3905ham001 101ST GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 3/2/2020

 

 


 

 


 
10100HB3905ham001LRB101 14500 RLC 71090 a

1
AMENDMENT TO HOUSE BILL 3905

2    AMENDMENT NO. ______. Amend House Bill 3905 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.930 as follows:
 
6    (30 ILCS 105/5.930 new)
7    Sec. 5.930. The Service Animal Training Fund.
 
8    Section 10. The Criminal Code of 2012 is amended by adding
9Section 48-8.5 as follows:
 
10    (720 ILCS 5/48-8.5 new)
11    Sec. 48-8.5. Misrepresentation of service animal.
12    (a) A person commits misrepresentation of an animal as a
13service animal when:
14        (1) the person intentionally misrepresents an animal

 

 

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1    in his or her possession as his or her service animal, or a
2    person with a disability's service animal whom the person
3    is assisting by controlling, for the purpose of obtaining
4    any of the rights or privileges set forth in State or
5    federal law;
6        (2) the person was previously given a written or verbal
7    warning regarding the fact that it is illegal to
8    misrepresent an animal as a service animal; and
9        (3) the person knows that the animal is not a service
10    animal.
11    (b) A person who violates this Section commits a petty
12offense.
13    (c) For purposes of this Section, "service animal" has the
14same meaning as in Section 2.01c of the Humane Care for Animals
15Act.
 
16    Section 15. The Criminal and Traffic Assessment Act is
17amended by changing Sections 10-5 and 15-70 as follows:
 
18    (705 ILCS 135/10-5)
19    (Section scheduled to be repealed on January 1, 2021)
20    Sec. 10-5. Funds.
21    (a) All money collected by the Clerk of the Circuit Court
22under Article 15 of this Act shall be remitted as directed in
23Article 15 of this Act to the county treasurer, to the State
24Treasurer, and to the treasurers of the units of local

 

 

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1government. If an amount payable to any of the treasurers is
2less than $10, the clerk may postpone remitting the money until
3$10 has accrued or by the end of fiscal year. The treasurers
4shall deposit the money as indicated in the schedules, except,
5in a county with a population of over 3,000,000, money remitted
6to the county treasurer shall be subject to appropriation by
7the county board. Any amount retained by the Clerk of the
8Circuit Court in a county with population of over 3,000,000
9shall be subject to appropriation by the county board.
10    (b) The county treasurer or the treasurer of the unit of
11local government may create the funds indicated in paragraphs
12(1) through (5), (9), and (16) of subsection (d) of this
13Section, if not already in existence. If a county or unit of
14local government has not instituted, and does not plan to
15institute a program that uses a particular fund, the treasurer
16need not create the fund and may instead deposit the money
17intended for the fund into the general fund of the county or
18unit of local government for use in financing the court system.
19    (c) If the arresting agency is a State agency, the
20arresting agency portion shall be remitted by the clerk of
21court to the State Treasurer who shall deposit the portion as
22follows:
23        (1) if the arresting agency is the Department of State
24    Police, into the State Police Law Enforcement
25    Administration Fund;
26        (2) if the arresting agency is the Department of

 

 

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1    Natural Resources, into the Conservation Police Operations
2    Assistance Fund;
3        (3) if the arresting agency is the Secretary of State,
4    into the Secretary of State Police Services Fund; and
5        (4) if the arresting agency is the Illinois Commerce
6    Commission, into the Public Utility Fund.
7    (d) Fund descriptions and provisions:
8        (1) The Court Automation Fund is to defray the expense,
9    borne by the county, of establishing and maintaining
10    automated record keeping systems in the Office of the Clerk
11    of the Circuit Court. The money shall be remitted monthly
12    by the clerk to the county treasurer and identified as
13    funds for the Circuit Court Clerk. The fund shall be
14    audited by the county auditor, and the board shall make
15    expenditures from the fund in payment of any costs related
16    to the automation of court records including hardware,
17    software, research and development costs, and personnel
18    costs related to the foregoing, provided that the
19    expenditure is approved by the clerk of the court and by
20    the chief judge of the circuit court or his or her
21    designee.
22        (2) The Document Storage Fund is to defray the expense,
23    borne by the county, of establishing and maintaining a
24    document storage system and converting the records of the
25    circuit court clerk to electronic or micrographic storage.
26    The money shall be remitted monthly by the clerk to the

 

 

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1    county treasurer and identified as funds for the circuit
2    court clerk. The fund shall be audited by the county
3    auditor, and the board shall make expenditure from the fund
4    in payment of any cost related to the storage of court
5    records, including hardware, software, research and
6    development costs, and personnel costs related to the
7    foregoing, provided that the expenditure is approved by the
8    clerk of the court.
9        (3) The Circuit Clerk Operations and Administration
10    Fund may be used to defray the expenses incurred for
11    collection and disbursement of the various assessment
12    schedules. The money shall be remitted monthly by the clerk
13    to the county treasurer and identified as funds for the
14    circuit court clerk.
15        (4) The State's Attorney Records Automation Fund is to
16    defray the expense of establishing and maintaining
17    automated record keeping systems in the offices of the
18    State's Attorney. The money shall be remitted monthly by
19    the clerk to the county treasurer for deposit into the
20    State's Attorney Records Automation Fund. Expenditures
21    from this fund may be made by the State's Attorney for
22    hardware, software, and research and development related
23    to automated record keeping systems.
24        (5) The Public Defender Records Automation Fund is to
25    defray the expense of establishing and maintaining
26    automated record keeping systems in the offices of the

 

 

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1    Public Defender. The money shall be remitted monthly by the
2    clerk to the county treasurer for deposit into the Public
3    Defender Records Automation Fund. Expenditures from this
4    fund may be made by the Public Defender for hardware,
5    software, and research and development related to
6    automated record keeping systems.
7        (6) The DUI Fund shall be used for enforcement and
8    prevention of driving while under the influence of alcohol,
9    other drug or drugs, intoxicating compound or compounds or
10    any combination thereof, as defined by Section 11-501 of
11    the Illinois Vehicle Code, including, but not limited to,
12    the purchase of law enforcement equipment and commodities
13    that will assist in the prevention of alcohol-related
14    criminal violence throughout the State; police officer
15    training and education in areas related to alcohol-related
16    crime, including, but not limited to, DUI training; and
17    police officer salaries, including, but not limited to,
18    salaries for hire-back funding for safety checkpoints,
19    saturation patrols, and liquor store sting operations. Any
20    moneys shall be used to purchase law enforcement equipment
21    that will assist in the prevention of alcohol-related
22    criminal violence throughout the State. The money shall be
23    remitted monthly by the clerk to the State or local
24    treasurer for deposit as provided by law.
25        (7) The Trauma Center Fund shall be distributed as
26    provided under Section 3.225 of the Emergency Medical

 

 

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1    Services (EMS) Systems Act.
2        (8) The Probation and Court Services Fund is to be
3    expended as described in Section 15.1 of the Probation and
4    Probation Officers Act.
5        (9) The Circuit Court Clerk Electronic Citation Fund
6    shall have the Circuit Court Clerk as the custodian, ex
7    officio, of the Fund and shall be used to perform the
8    duties required by the office for establishing and
9    maintaining electronic citations. The Fund shall be
10    audited by the county's auditor.
11        (10) The Drug Treatment Fund is a special fund in the
12    State treasury. Moneys in the Fund shall be expended as
13    provided in Section 411.2 of the Illinois Controlled
14    Substances Act.
15        (11) The Violent Crime Victims Assistance Fund is a
16    special fund in the State treasury to provide moneys for
17    the grants to be awarded under the Violent Crime Victims
18    Assistance Act.
19        (12) The Criminal Justice Information Projects Fund
20    shall be appropriated to and administered by the Illinois
21    Criminal Justice Information Authority for distribution to
22    fund Department of State Police drug task forces and
23    Metropolitan Enforcement Groups, for the costs associated
24    with making grants from the Prescription Pill and Drug
25    Disposal Fund, for undertaking criminal justice
26    information projects, and for the operating and other

 

 

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1    expenses of the Authority incidental to those criminal
2    justice information projects. The moneys deposited into
3    the Criminal Justice Information Projects Fund under
4    Sections 15-15 and 15-35 of this Act shall be appropriated
5    to and administered by the Illinois Criminal Justice
6    Information Authority for distribution to fund Department
7    of State Police drug task forces and Metropolitan
8    Enforcement Groups by dividing the funds equally by the
9    total number of Department of State Police drug task forces
10    and Illinois Metropolitan Enforcement Groups.
11        (13) The Sexual Assault Services Fund shall be
12    appropriated to the Department of Public Health. Upon
13    appropriation of moneys from the Sexual Assault Services
14    Fund, the Department of Public Health shall make grants of
15    these moneys to sexual assault organizations with whom the
16    Department has contracts for the purpose of providing
17    community-based services to victims of sexual assault.
18    Grants are in addition to, and are not substitutes for,
19    other grants authorized and made by the Department.
20        (14) The County Jail Medical Costs Fund is to help
21    defray the costs outlined in Section 17 of the County Jail
22    Act. Moneys in the Fund shall be used solely for
23    reimbursement to the county of costs for medical expenses
24    and administration of the Fund.
25        (15) The Prisoner Review Board Vehicle and Equipment
26    Fund is a special fund in the State treasury. The Prisoner

 

 

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1    Review Board shall, subject to appropriation by the General
2    Assembly and approval by the Secretary, use all moneys in
3    the Prisoner Review Board Vehicle and Equipment Fund for
4    the purchase and operation of vehicles and equipment.
5        (16) In each county in which a Children's Advocacy
6    Center provides services, a Child Advocacy Center Fund is
7    specifically for the operation and administration of the
8    Children's Advocacy Center, from which the county board
9    shall make grants to support the activities and services of
10    the Children's Advocacy Center within that county.
11        (17) There is created in the State treasury the Service
12    Animal Training Fund to be used by the Secretary of Human
13    Services to provide grants to companies and nonprofit
14    organizations approved by the Secretary that provide, on a
15    needs basis as determined by the Secretary, discounted or
16    free training of adopted service animals. In this paragraph
17    (17):
18            (A) "Adopted service animal" means a service
19        animal that is given to or purchased by a person with a
20        disability for the person's safety, guidance, mental,
21        or physical well-being.
22            (B) "Company" has the meaning ascribed to it in
23        paragraph (2.5) of subsection (a) of Section 10-9 of
24        the Criminal Code of 2012.
25            (C) "Nonprofit organization" means a 501(c)(3)
26        organization under the federal Internal Revenue Code.

 

 

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1(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
2    (705 ILCS 135/15-70)
3    (Section scheduled to be repealed on January 1, 2021)
4    Sec. 15-70. Conditional assessments. In addition to
5payments under one of the Schedule of Assessments 1 through 13
6of this Act, the court shall also order payment of any of the
7following conditional assessment amounts for each sentenced
8violation in the case to which a conditional assessment is
9applicable, which shall be collected and remitted by the Clerk
10of the Circuit Court as provided in this Section:
11        (1) arson, residential arson, or aggravated arson,
12    $500 per conviction to the State Treasurer for deposit into
13    the Fire Prevention Fund;
14        (2) child pornography under Section 11-20.1 of the
15    Criminal Code of 1961 or the Criminal Code of 2012, $500
16    per conviction, unless more than one agency is responsible
17    for the arrest in which case the amount shall be remitted
18    to each unit of government equally:
19            (A) if the arresting agency is an agency of a unit
20        of local government, $500 to the treasurer of the unit
21        of local government for deposit into the unit of local
22        government's General Fund, except that if the
23        Department of State Police provides digital or
24        electronic forensic examination assistance, or both,
25        to the arresting agency then $100 to the State

 

 

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1        Treasurer for deposit into the State Crime Laboratory
2        Fund; or
3            (B) if the arresting agency is the Department of
4        State Police, $500 to the State Treasurer for deposit
5        into the State Crime Laboratory Fund;
6        (3) crime laboratory drug analysis for a drug-related
7    offense involving possession or delivery of cannabis or
8    possession or delivery of a controlled substance as defined
9    in the Cannabis Control Act, the Illinois Controlled
10    Substances Act, or the Methamphetamine Control and
11    Community Protection Act, $100 reimbursement for
12    laboratory analysis, as set forth in subsection (f) of
13    Section 5-9-1.4 of the Unified Code of Corrections;
14        (4) DNA analysis, $250 on each conviction in which it
15    was used to the State Treasurer for deposit into the State
16    Offender DNA Identification System Fund as set forth in
17    Section 5-4-3 of the Unified Code of Corrections;
18        (5) DUI analysis, $150 on each sentenced violation in
19    which it was used as set forth in subsection (f) of Section
20    5-9-1.9 of the Unified Code of Corrections;
21        (6) drug-related offense involving possession or
22    delivery of cannabis or possession or delivery of a
23    controlled substance, other than methamphetamine, as
24    defined in the Cannabis Control Act or the Illinois
25    Controlled Substances Act, an amount not less than the full
26    street value of the cannabis or controlled substance seized

 

 

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1    for each conviction to be disbursed as follows:
2            (A) 12.5% of the street value assessment shall be
3        paid into the Youth Drug Abuse Prevention Fund, to be
4        used by the Department of Human Services for the
5        funding of programs and services for drug-abuse
6        treatment, and prevention and education services;
7            (B) 37.5% to the county in which the charge was
8        prosecuted, to be deposited into the county General
9        Fund;
10            (C) 50% to the treasurer of the arresting law
11        enforcement agency of the municipality or county, or to
12        the State Treasurer if the arresting agency was a state
13        agency;
14            (D) if the arrest was made in combination with
15        multiple law enforcement agencies, the clerk shall
16        equitably allocate the portion in subparagraph (C) of
17        this paragraph (6) among the law enforcement agencies
18        involved in the arrest;
19        (6.5) Kane County or Will County, in felony,
20    misdemeanor, local or county ordinance, traffic, or
21    conservation cases, up to $30 as set by the county board
22    under Section 5-1101.3 of the Counties Code upon the entry
23    of a judgment of conviction, an order of supervision, or a
24    sentence of probation without entry of judgment under
25    Section 10 of the Cannabis Control Act, Section 410 of the
26    Illinois Controlled Substances Act, Section 70 of the

 

 

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1    Methamphetamine Control and Community Protection Act,
2    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
3    the Criminal Code of 1961 or the Criminal Code of 2012,
4    Section 10-102 of the Illinois Alcoholism and Other Drug
5    Dependency Act, or Section 10 of the Steroid Control Act;
6    except in local or county ordinance, traffic, and
7    conservation cases, if fines are paid in full without a
8    court appearance, then the assessment shall not be imposed
9    or collected. Distribution of assessments collected under
10    this paragraph (6.5) shall be as provided in Section
11    5-1101.3 of the Counties Code;
12        (7) methamphetamine-related offense involving
13    possession or delivery of methamphetamine or any salt of an
14    optical isomer of methamphetamine or possession of a
15    methamphetamine manufacturing material as set forth in
16    Section 10 of the Methamphetamine Control and Community
17    Protection Act with the intent to manufacture a substance
18    containing methamphetamine or salt of an optical isomer of
19    methamphetamine, an amount not less than the full street
20    value of the methamphetamine or salt of an optical isomer
21    of methamphetamine or methamphetamine manufacturing
22    materials seized for each conviction to be disbursed as
23    follows:
24            (A) 12.5% of the street value assessment shall be
25        paid into the Youth Drug Abuse Prevention Fund, to be
26        used by the Department of Human Services for the

 

 

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1        funding of programs and services for drug-abuse
2        treatment, and prevention and education services;
3            (B) 37.5% to the county in which the charge was
4        prosecuted, to be deposited into the county General
5        Fund;
6            (C) 50% to the treasurer of the arresting law
7        enforcement agency of the municipality or county, or to
8        the State Treasurer if the arresting agency was a state
9        agency;
10            (D) if the arrest was made in combination with
11        multiple law enforcement agencies, the clerk shall
12        equitably allocate the portion in subparagraph (C) of
13        this paragraph (6) among the law enforcement agencies
14        involved in the arrest;
15        (8) order of protection violation under Section 12-3.4
16    of the Criminal Code of 2012, $200 for each conviction to
17    the county treasurer for deposit into the Probation and
18    Court Services Fund for implementation of a domestic
19    violence surveillance program and any other assessments or
20    fees imposed under Section 5-9-1.16 of the Unified Code of
21    Corrections;
22        (9) order of protection violation, $25 for each
23    violation to the State Treasurer, for deposit into the
24    Domestic Violence Abuser Services Fund;
25        (10) prosecution by the State's Attorney of a:
26            (A) petty or business offense, $4 to the county

 

 

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1        treasurer of which $2 deposited into the State's
2        Attorney Records Automation Fund and $2 into the Public
3        Defender Records Automation Fund;
4            (B) conservation or traffic offense, $2 to the
5        county treasurer for deposit into the State's Attorney
6        Records Automation Fund;
7        (11) speeding in a construction zone violation, $250 to
8    the State Treasurer for deposit into the Transportation
9    Safety Highway Hire-back Fund, unless (i) the violation
10    occurred on a highway other than an interstate highway and
11    (ii) a county police officer wrote the ticket for the
12    violation, in which case to the county treasurer for
13    deposit into that county's Transportation Safety Highway
14    Hire-back Fund;
15        (12) supervision disposition on an offense under the
16    Illinois Vehicle Code or similar provision of a local
17    ordinance, 50 cents, unless waived by the court, into the
18    Prisoner Review Board Vehicle and Equipment Fund;
19        (13) victim and offender are family or household
20    members as defined in Section 103 of the Illinois Domestic
21    Violence Act of 1986 and offender pleads guilty or no
22    contest to or is convicted of murder, voluntary
23    manslaughter, involuntary manslaughter, burglary,
24    residential burglary, criminal trespass to residence,
25    criminal trespass to vehicle, criminal trespass to land,
26    criminal damage to property, telephone harassment,

 

 

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1    kidnapping, aggravated kidnaping, unlawful restraint,
2    forcible detention, child abduction, indecent solicitation
3    of a child, sexual relations between siblings,
4    exploitation of a child, child pornography, assault,
5    aggravated assault, battery, aggravated battery, heinous
6    battery, aggravated battery of a child, domestic battery,
7    reckless conduct, intimidation, criminal sexual assault,
8    predatory criminal sexual assault of a child, aggravated
9    criminal sexual assault, criminal sexual abuse, aggravated
10    criminal sexual abuse, violation of an order of protection,
11    disorderly conduct, endangering the life or health of a
12    child, child abandonment, contributing to dependency or
13    neglect of child, or cruelty to children and others, $200
14    for each sentenced violation to the State Treasurer for
15    deposit as follows: (i) for sexual assault, as defined in
16    Section 5-9-1.7 of the Unified Code of Corrections, when
17    the offender and victim are family members, one-half to the
18    Domestic Violence Shelter and Service Fund, and one-half to
19    the Sexual Assault Services Fund; (ii) for the remaining
20    offenses to the Domestic Violence Shelter and Service Fund;
21        (14) violation of Section 11-501 of the Illinois
22    Vehicle Code, Section 5-7 of the Snowmobile Registration
23    and Safety Act, Section 5-16 of the Boat Registration and
24    Safety Act, or a similar provision, whose operation of a
25    motor vehicle, snowmobile, or watercraft while in
26    violation of Section 11-501, Section 5-7 of the Snowmobile

 

 

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1    Registration and Safety Act, Section 5-16 of the Boat
2    Registration and Safety Act, or a similar provision
3    proximately caused an incident resulting in an appropriate
4    emergency response, $1,000 maximum to the public agency
5    that provided an emergency response related to the person's
6    violation, and if more than one agency responded, the
7    amount payable to public agencies shall be shared equally;
8        (15) violation of Section 401, 407, or 407.2 of the
9    Illinois Controlled Substances Act that proximately caused
10    any incident resulting in an appropriate drug-related
11    emergency response, $1,000 as reimbursement for the
12    emergency response to the law enforcement agency that made
13    the arrest, and if more than one agency is responsible for
14    the arrest, the amount payable to law enforcement agencies
15    shall be shared equally;
16        (16) violation of reckless driving, aggravated
17    reckless driving, or driving 26 miles per hour or more in
18    excess of the speed limit that triggered an emergency
19    response, $1,000 maximum reimbursement for the emergency
20    response to be distributed in its entirety to a public
21    agency that provided an emergency response related to the
22    person's violation, and if more than one agency responded,
23    the amount payable to public agencies shall be shared
24    equally;
25        (17) violation based upon each plea of guilty,
26    stipulation of facts, or finding of guilt resulting in a

 

 

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1    judgment of conviction or order of supervision for an
2    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
3    the Criminal Code of 2012 that results in the imposition of
4    a fine, to be distributed as follows:
5            (A) $50 to the county treasurer for deposit into
6        the Circuit Court Clerk Operation and Administrative
7        Fund to cover the costs in administering this paragraph
8        (17);
9            (B) $300 to the State Treasurer who shall deposit
10        the portion as follows:
11                (i) if the arresting or investigating agency
12            is the Department of State Police, into the State
13            Police Law Enforcement Administration Fund;
14                (ii) if the arresting or investigating agency
15            is the Department of Natural Resources, into the
16            Conservation Police Operations Assistance Fund;
17                (iii) if the arresting or investigating agency
18            is the Secretary of State, into the Secretary of
19            State Police Services Fund;
20                (iv) if the arresting or investigating agency
21            is the Illinois Commerce Commission, into the
22            Public Utility Fund; or
23                (v) if more than one of the State agencies in
24            this subparagraph (B) is the arresting or
25            investigating agency, then equal shares with the
26            shares deposited as provided in the applicable

 

 

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1            items (i) through (iv) of this subparagraph (B);
2            and
3            (C) the remainder for deposit into the Specialized
4        Services for Survivors of Human Trafficking Fund;
5        (18) weapons violation under Section 24-1.1, 24-1.2,
6    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
7    of 2012, $100 for each conviction to the State Treasurer
8    for deposit into the Trauma Center Fund; and
9        (19) violation of subsection (c) of Section 11-907 of
10    the Illinois Vehicle Code, $250 to the State Treasurer for
11    deposit into the Scott's Law Fund, unless a county or
12    municipal police officer wrote the ticket for the
13    violation, in which case to the county treasurer for
14    deposit into that county's or municipality's
15    Transportation Safety Highway Hire-back Fund to be used as
16    provided in subsection (j) of Section 11-907 of the
17    Illinois Vehicle Code; and .
18        (20) violation of Section 48-8.5 of the Criminal Code
19    of 2012, $500 for each violation to the State Treasurer for
20    deposit into the Service Animal Training Fund.
21(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
22101-173, eff. 1-1-20.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".