Full Text of HB0881 96th General Assembly
HB0881enr 96TH GENERAL ASSEMBLY
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HB0881 Enrolled |
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LRB096 04639 AJT 14698 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding | 5 |
| Section 5.719 and changing Section 8h as follows: | 6 |
| (30 ILCS 105/5.719 new)
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| Sec. 5.719. The Roadside Memorial Fund. | 8 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 10 |
| (a) Except as otherwise provided in this Section and | 11 |
| Section 8n of this Act, and
notwithstanding any other
State law | 12 |
| to the contrary, the Governor
may, through June 30, 2007, from | 13 |
| time to time direct the State Treasurer and Comptroller to | 14 |
| transfer
a specified sum from any fund held by the State | 15 |
| Treasurer to the General
Revenue Fund in order to help defray | 16 |
| the State's operating costs for the
fiscal year. The total | 17 |
| transfer under this Section from any fund in any
fiscal year | 18 |
| shall not exceed the lesser of (i) 8% of the revenues to be | 19 |
| deposited
into the fund during that fiscal year or (ii) an | 20 |
| amount that leaves a remaining fund balance of 25% of the July | 21 |
| 1 fund balance of that fiscal year. In fiscal year 2005 only, | 22 |
| prior to calculating the July 1, 2004 final balances, the |
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| Governor may calculate and direct the State Treasurer with the | 2 |
| Comptroller to transfer additional amounts determined by | 3 |
| applying the formula authorized in Public Act 93-839 to the | 4 |
| funds balances on July 1, 2003.
No transfer may be made from a | 5 |
| fund under this Section that would have the
effect of reducing | 6 |
| the available balance in the fund to an amount less than
the | 7 |
| amount remaining unexpended and unreserved from the total | 8 |
| appropriation
from that fund estimated to be expended for that | 9 |
| fiscal year. This Section does not apply to any
funds that are | 10 |
| restricted by federal law to a specific use, to any funds in
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| the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | 12 |
| Hospital Provider Fund, the Medicaid Provider Relief Fund, the | 13 |
| Teacher Health Insurance Security Fund, the Reviewing Court | 14 |
| Alternative Dispute Resolution Fund, the Voters' Guide Fund, | 15 |
| the Foreign Language Interpreter Fund, the Lawyers' Assistance | 16 |
| Program Fund, the Supreme Court Federal Projects Fund, the | 17 |
| Supreme Court Special State Projects Fund, the Supplemental | 18 |
| Low-Income Energy Assistance Fund, the Good Samaritan Energy | 19 |
| Trust Fund, the Low-Level Radioactive Waste Facility | 20 |
| Development and Operation Fund, the Horse Racing Equity Trust | 21 |
| Fund, the Metabolic Screening and Treatment Fund, or the | 22 |
| Hospital Basic Services Preservation Fund, or to any
funds to | 23 |
| which Section 70-50 of the Nurse Practice Act applies. No | 24 |
| transfers may be made under this Section from the Pet | 25 |
| Population Control Fund. Notwithstanding any
other provision | 26 |
| of this Section, for fiscal year 2004,
the total transfer under |
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| this Section from the Road Fund or the State
Construction | 2 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 3 |
| revenues to be deposited
into the fund during that fiscal year | 4 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 5 |
| year 2005 through fiscal year 2007, no amounts may be | 6 |
| transferred under this Section from the Road Fund, the State | 7 |
| Construction Account Fund, the Criminal Justice Information | 8 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 9 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 11 |
| Governor
may include receipts, transfers into the fund, and | 12 |
| other
resources anticipated to be available in the fund in that | 13 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 15 |
| amounts designated
under this Section as soon as may be | 16 |
| practicable after receiving the direction
to transfer from the | 17 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 19 |
| or before February 28, 2006 that are still pending on May 19, | 20 |
| 2006 (the effective date of Public Act 94-774) shall be | 21 |
| redirected as provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 23 |
| Cure Fund; (ii) any fund established under the Community Senior | 24 |
| Services and Resources Act; or (iii) on or after January 1, | 25 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 26 |
| and Day and Temporary Labor Enforcement Fund. |
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| (c) This Section does not apply to the Demutualization | 2 |
| Trust Fund established under the Uniform Disposition of | 3 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 5 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 6 |
| scholarships and residency programs under the Podiatric | 7 |
| Scholarship and Residency Act. | 8 |
| (e) Subsection (a) does not apply to, and no transfer may | 9 |
| be made under this Section from, the Pension Stabilization | 10 |
| Fund.
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| (f) Subsection (a) does not apply to, and no transfer may | 12 |
| be made under this Section from, the Illinois Power Agency | 13 |
| Operations Fund, the Illinois Power Agency Facilities Fund, the | 14 |
| Illinois Power Agency Debt Service Fund, and the Illinois Power | 15 |
| Agency Trust Fund.
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| (g)
This Section does not apply to the Veterans Service | 17 |
| Organization Reimbursement Fund.
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| (h)
This Section does not apply to the Supreme Court | 19 |
| Historic Preservation Fund.
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| (i) This Section does not apply to, and no transfer may be | 21 |
| made under this Section from, the Money Follows the Person | 22 |
| Budget Transfer Fund. | 23 |
| (j) This Section does not apply to the Roadside Memorial | 24 |
| Fund. | 25 |
| (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | 26 |
| eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; |
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| 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | 2 |
| 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | 3 |
| eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | 4 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | 5 |
| 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | 6 |
| eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; | 7 |
| 95-876, eff. 8-21-08.)
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| Section 10. The Roadside Memorial Act is amended by | 9 |
| changing Section 20 as follows: | 10 |
| (605 ILCS 125/20)
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| Sec. 20. DUI memorial markers. | 12 |
| (a) A DUI memorial marker shall consist of a white on blue | 13 |
| panel bearing the message "Please Don't Drink and Drive". At | 14 |
| the request of the qualified relative, a separate panel bearing | 15 |
| the words "In Memory of (victim's name)", followed by the date | 16 |
| of the crash that was the proximate cause of the loss of the | 17 |
| victim's life, shall be mounted below the primary panel. | 18 |
| (b) A DUI memorial marker may memorialize more than one | 19 |
| victim who died as a result of the same DUI-related crash. If | 20 |
| one or more additional DUI crash deaths subsequently occur in | 21 |
| close proximity to an existing DUI memorial marker, the | 22 |
| supporting jurisdiction may use the same marker to memorialize | 23 |
| the subsequent death or deaths, by adding the names of the | 24 |
| additional persons. |
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| (c) A DUI memorial marker shall be maintained for at least | 2 |
| 2 years from the date the last person was memorialized on the | 3 |
| marker. | 4 |
| (d) The supporting jurisdiction has the right to install a | 5 |
| marker at a location other than the location of the crash or to | 6 |
| relocate a marker due to restricted room, property owner | 7 |
| complaints, interference with essential traffic control | 8 |
| devices, safety concerns, or other restrictions. In such cases, | 9 |
| the sponsoring jurisdiction may select an alternate location. | 10 |
| (e) The Department shall secure the consent of any | 11 |
| municipality before placing a DUI memorial marker within the | 12 |
| corporate limits of the municipality. | 13 |
| (f) A fee in an amount to be determined by the supporting | 14 |
| jurisdiction may be paid in whole or in part from the Roadside | 15 |
| Memorial Fund if moneys are made available by the Department of | 16 |
| Transportation from that Fund or may be charged to the | 17 |
| qualified relative to the extent moneys from that Fund are not | 18 |
| made available . The fee shall not exceed the costs associated | 19 |
| with the fabrication, installation, and maintenance of the DUI | 20 |
| memorial marker.
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| (Source: P.A. 95-398, eff. 1-1-08.)
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| Section 13. The Clerks of Courts Act is amended by changing | 23 |
| Sections 27.5 and 27.6 as follows:
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| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (a) All fees, fines, costs, additional | 2 |
| penalties, bail balances
assessed or forfeited, and any other | 3 |
| amount paid by a person to the circuit
clerk that equals an | 4 |
| amount less than $55, except restitution under Section
5-5-6 of | 5 |
| the Unified Code of Corrections, reimbursement for the costs of | 6 |
| an
emergency response as provided under Section 11-501 of the | 7 |
| Illinois Vehicle
Code, any fees collected for attending a | 8 |
| traffic safety program under
paragraph (c) of Supreme Court | 9 |
| Rule 529, any fee collected on behalf of a
State's Attorney | 10 |
| under Section 4-2002 of the Counties Code or a sheriff under
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| Section 4-5001 of the Counties Code, or any cost imposed under | 12 |
| Section 124A-5
of the Code of Criminal Procedure of 1963, for | 13 |
| convictions, orders of
supervision, or any other disposition | 14 |
| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 15 |
| Vehicle Code, or a similar provision of a local
ordinance, and | 16 |
| any violation of the Child Passenger Protection Act, or a
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| similar provision of a local ordinance, and except as provided | 18 |
| in subsection
(b) shall be disbursed within 60 days after | 19 |
| receipt by the circuit
clerk as follows: 47% shall be disbursed | 20 |
| to the entity authorized by law to
receive the fine imposed in | 21 |
| the case; 12% shall be disbursed to the State
Treasurer; and | 22 |
| 41% shall be disbursed to the county's general corporate fund.
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| Of the 12% disbursed to the State Treasurer, 1/6 shall be | 24 |
| deposited by the
State Treasurer into the Violent Crime Victims | 25 |
| Assistance Fund, 1/2 shall be
deposited into the Traffic and | 26 |
| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited |
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| into the Drivers Education Fund. For fiscal years 1992 and
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| 1993, amounts deposited into the Violent Crime Victims | 3 |
| Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 4 |
| Fund, or the Drivers Education Fund
shall not exceed 110% of | 5 |
| the amounts deposited into those funds in fiscal year
1991. Any | 6 |
| amount that exceeds the 110% limit shall be distributed as | 7 |
| follows:
50% shall be disbursed to the county's general | 8 |
| corporate fund and 50% shall be
disbursed to the entity | 9 |
| authorized by law to receive the fine imposed in the
case. Not | 10 |
| later than March 1 of each year the circuit clerk
shall submit | 11 |
| a report of the amount of funds remitted to the State
Treasurer | 12 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 14 |
| be subject
to this Section, except that counties with a | 15 |
| population under 2,000,000
may, by ordinance, elect not to be | 16 |
| subject to this Section. For offenses
subject to this Section, | 17 |
| judges shall impose one total sum of money payable
for | 18 |
| violations. The circuit clerk may add on no additional amounts | 19 |
| except
for amounts that are required by Sections 27.3a and | 20 |
| 27.3c of
this Act, unless those amounts are specifically waived | 21 |
| by the judge. With
respect to money collected by the circuit | 22 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 23 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 24 |
| clerk shall first deduct and pay amounts
required by Sections | 25 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 26 |
| limitation of home rule powers and functions under subsection |
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LRB096 04639 AJT 14698 b |
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| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) The following amounts must be remitted to the State | 3 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 5 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 6 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 7 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 9 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 10 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 11 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 12 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 14 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 15 |
| for Animals Act and Section 26-5
of the Criminal Code of | 16 |
| 1961.
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| (c) Any person who receives a disposition of court | 18 |
| supervision for a violation of the Illinois Vehicle Code or a | 19 |
| similar provision of a local ordinance shall, in addition to | 20 |
| any other fines, fees, and court costs, pay an additional fee | 21 |
| of $20, to be disbursed as provided in Section 16-104c of the | 22 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 23 |
| person shall also pay a fee of $5, if not waived by the court. | 24 |
| If this $5 fee is collected, $4.50 of the fee shall be | 25 |
| deposited into the Circuit Court Clerk Operation and | 26 |
| Administrative Fund created by the Clerk of the Circuit Court |
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| and 50 cents of the fee shall be deposited into the Prisoner | 2 |
| Review Board Vehicle and Equipment Fund in the State treasury. | 3 |
| (d) Any person convicted of or pleading guilty to a serious | 4 |
| traffic violation, as defined in Section 1-187.001 of the | 5 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 6 |
| be disbursed as provided in Section 16-104d of that Code. | 7 |
| This subsection (d) becomes inoperative 7 years after the | 8 |
| effective date of Public Act 95-154.
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| (e) Any person who receives a disposition of court | 10 |
| supervision for a violation of Section 11-501 of the Illinois | 11 |
| Vehicle Code shall, in addition to any other fines, fees, and | 12 |
| court costs, pay an additional fee of $50, which shall
be | 13 |
| collected by the circuit clerk and then remitted to the State | 14 |
| Treasurer for deposit into the Roadside Memorial Fund, a | 15 |
| special fund in the State treasury. However, the court may | 16 |
| waive the fee if full restitution is complied with. Subject to | 17 |
| appropriation, all moneys in the Roadside Memorial Fund shall | 18 |
| be used by the Department of Transportation to pay fees imposed | 19 |
| under subsection (f) of Section 20 of the Roadside Memorial | 20 |
| Act. The fee shall be remitted by the circuit clerk within one | 21 |
| month after receipt to the State Treasurer for deposit into the | 22 |
| Roadside Memorial Fund. | 23 |
| (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 24 |
| 95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
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| (705 ILCS 105/27.6)
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| Sec. 27.6. (a) All fees, fines, costs, additional | 2 |
| penalties, bail balances
assessed or forfeited, and any other | 3 |
| amount paid by a person to the circuit
clerk equalling an | 4 |
| amount of $55 or more, except the fine imposed by Section | 5 |
| 5-9-1.15
of the Unified Code of Corrections, the additional fee | 6 |
| required
by subsections (b) and (c), restitution under Section | 7 |
| 5-5-6 of the
Unified Code of Corrections, reimbursement for the | 8 |
| costs of an emergency
response as provided under Section 11-501 | 9 |
| of the Illinois Vehicle Code,
any fees collected for attending | 10 |
| a traffic safety program under paragraph (c)
of Supreme Court | 11 |
| Rule 529, any fee collected on behalf of a State's Attorney
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| under Section 4-2002 of the Counties Code or a sheriff under | 13 |
| Section 4-5001
of the Counties Code, or any cost imposed under | 14 |
| Section 124A-5 of the Code of
Criminal Procedure of 1963, for | 15 |
| convictions, orders of supervision, or any
other disposition | 16 |
| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | 17 |
| Vehicle Code, or a similar provision of a local ordinance, and | 18 |
| any
violation of the Child Passenger Protection Act, or a | 19 |
| similar provision of a
local ordinance, and except as provided | 20 |
| in subsections (d) and (g)
shall be disbursed
within 60 days | 21 |
| after receipt by the circuit
clerk as follows: 44.5% shall be | 22 |
| disbursed to the entity authorized by law to
receive the fine | 23 |
| imposed in the case; 16.825% shall be disbursed to the State
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| Treasurer; and 38.675% shall be disbursed to the county's | 25 |
| general corporate
fund. Of the 16.825% disbursed to the State | 26 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into |
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LRB096 04639 AJT 14698 b |
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| the Violent Crime Victims Assistance Fund, 5.052/17
shall be | 2 |
| deposited into the Traffic and Criminal Conviction Surcharge | 3 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 4 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 5 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 6 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 7 |
| disbursed to the Department of Public Health and 50% shall be | 8 |
| disbursed to
the Department of Healthcare and Family Services. | 9 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 10 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 11 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed | 12 |
| 110%
of the amounts deposited into those funds in fiscal year | 13 |
| 1991. Any
amount that exceeds the 110% limit shall be | 14 |
| distributed as follows: 50%
shall be disbursed to the county's | 15 |
| general corporate fund and 50% shall be
disbursed to the entity | 16 |
| authorized by law to receive the fine imposed in
the case. Not | 17 |
| later than March 1 of each year the circuit clerk
shall submit | 18 |
| a report of the amount of funds remitted to the State
Treasurer | 19 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 21 |
| be subject
to this Section, except that counties with a | 22 |
| population under 2,000,000
may, by ordinance, elect not to be | 23 |
| subject to this Section. For offenses
subject to this Section, | 24 |
| judges shall impose one total sum of money payable
for | 25 |
| violations. The circuit clerk may add on no additional amounts | 26 |
| except
for amounts that are required by Sections 27.3a and |
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| 27.3c of
this Act, unless those amounts are specifically waived | 2 |
| by the judge. With
respect to money collected by the circuit | 3 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 4 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 5 |
| clerk shall first deduct and pay amounts
required by Sections | 6 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 7 |
| limitation of home rule powers and functions under subsection | 8 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) In addition to any other fines and court costs assessed | 10 |
| by the courts,
any person convicted or receiving an order of | 11 |
| supervision for driving under
the influence of alcohol or drugs | 12 |
| shall pay an additional fee of $100 to the
clerk of the circuit | 13 |
| court. This amount, less 2 1/2% that shall be used to
defray | 14 |
| administrative costs incurred by the clerk, shall be remitted | 15 |
| by the
clerk to the Treasurer within 60 days after receipt for | 16 |
| deposit into the Trauma
Center Fund. This additional fee of | 17 |
| $100 shall not be considered a part of the
fine for purposes of | 18 |
| any reduction in the fine for time served either before or
| 19 |
| after sentencing. Not later than March 1 of each year the | 20 |
| Circuit Clerk shall
submit a report of the amount of funds | 21 |
| remitted to the State Treasurer under
this subsection during | 22 |
| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs | 24 |
| assessed by the courts,
any person convicted or receiving an | 25 |
| order of supervision for driving under the
influence of alcohol | 26 |
| or drugs shall pay an additional fee of $5 to the clerk
of the |
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| circuit court. This amount, less
2 1/2% that shall be used to | 2 |
| defray administrative costs incurred by the clerk,
shall be | 3 |
| remitted by the clerk to the Treasurer within 60 days after | 4 |
| receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 5 |
| Research Trust Fund.
This additional fee of $5 shall not
be | 6 |
| considered a part of the fine for purposes of any reduction in | 7 |
| the fine for
time served either before or after sentencing. Not | 8 |
| later than March 1 of each
year the Circuit Clerk shall submit | 9 |
| a report of the amount of funds remitted to
the State Treasurer | 10 |
| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed | 12 |
| by the courts,
any person convicted for a violation of Sections | 13 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 14 |
| person sentenced for a violation of the Cannabis
Control Act, | 15 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 16 |
| Control and Community Protection Act
shall pay an additional | 17 |
| fee of $100 to the clerk
of the circuit court. This amount, | 18 |
| less
2 1/2% that shall be used to defray administrative costs | 19 |
| incurred by the clerk,
shall be remitted by the clerk to the | 20 |
| Treasurer within 60 days after receipt
for deposit into the | 21 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 22 |
| considered a part of the fine for purposes of any reduction in | 23 |
| the fine for
time served either before or after sentencing. Not | 24 |
| later than March 1 of each
year the Circuit Clerk shall submit | 25 |
| a report of the amount of funds remitted to
the State Treasurer | 26 |
| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs | 2 |
| assessed by the
courts, any person sentenced for a violation of | 3 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 4 |
| Act, or the Methamphetamine Control and Community Protection | 5 |
| Act shall pay an additional fee of $5 to the
clerk of the | 6 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 7 |
| defray administrative costs incurred by the clerk, shall be | 8 |
| remitted by the
clerk to the Treasurer within 60 days after | 9 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 10 |
| Research Trust Fund. This additional fee of $5
shall not be | 11 |
| considered a part of the fine for purposes of any reduction in | 12 |
| the
fine for time served either before or after sentencing. Not | 13 |
| later than March 1
of each year the Circuit Clerk shall submit | 14 |
| a report of the amount of funds
remitted to the State Treasurer | 15 |
| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State | 17 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
| 18 |
| (1) 50% of the amounts collected for felony offenses | 19 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 20 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 21 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
| 22 |
| (2) 20% of the amounts collected for Class A and Class | 23 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 24 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 25 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 26 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 2 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 3 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 4 |
| 1961.
| 5 |
| (e) Any person who receives a disposition of court | 6 |
| supervision for a violation of the Illinois Vehicle Code or a | 7 |
| similar provision of a local ordinance shall, in addition to | 8 |
| any other fines, fees, and court costs, pay an additional fee | 9 |
| of $20, to be disbursed as provided in Section 16-104c of the | 10 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 11 |
| person shall also pay a fee of $5, if not waived by the court. | 12 |
| If this $5 fee is collected, $4.50 of the fee shall be | 13 |
| deposited into the Circuit Court Clerk Operation and | 14 |
| Administrative Fund created by the Clerk of the Circuit Court | 15 |
| and 50 cents of the fee shall be deposited into the Prisoner | 16 |
| Review Board Vehicle and Equipment Fund in the State treasury.
| 17 |
| (f) This Section does not apply to the additional child | 18 |
| pornography fines assessed and collected under Section | 19 |
| 5-9-1.14 of the Unified Code of Corrections.
| 20 |
| (g)
Of the amounts collected as fines under subsection (b) | 21 |
| of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 22 |
| deposited into the Illinois Military Family Relief Fund and 1% | 23 |
| shall be deposited into the Circuit Court Clerk Operation and | 24 |
| Administrative Fund created by the Clerk of the Circuit Court | 25 |
| to be used to offset the costs incurred by the Circuit Court | 26 |
| Clerk in performing the additional duties required to collect |
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| and disburse funds to entities of State and local government as | 2 |
| provided by law.
| 3 |
| (h) Any person who receives a disposition of court | 4 |
| supervision for a violation of Section 11-501 of the Illinois | 5 |
| Vehicle Code or a similar provision of a local ordinance shall, | 6 |
| in addition to any other fines, fees, and court costs, pay an | 7 |
| additional fee of $50, which shall
be collected by the circuit | 8 |
| clerk and then remitted to the State Treasurer for deposit into | 9 |
| the Roadside Memorial Fund, a special fund in the State | 10 |
| treasury. However, the court may waive the fee if full | 11 |
| restitution is complied with. Subject to appropriation, all | 12 |
| moneys in the Roadside Memorial Fund shall be used by the | 13 |
| Department of Transportation to pay fees imposed under | 14 |
| subsection (f) of Section 20 of the Roadside Memorial Act. The | 15 |
| fee shall be remitted by the circuit clerk within one month | 16 |
| after receipt to the State Treasurer for deposit into the | 17 |
| Roadside Memorial Fund. | 18 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | 19 |
| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | 20 |
| 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.) | 21 |
| Section 15. The Unified Code of Corrections is amended by | 22 |
| adding Section 5-9-1.17 as follows: | 23 |
| (730 ILCS 5/5-9-1.17 new)
| 24 |
| Sec. 5-9-1.17. Fee; Roadside Memorial Fund. A person who is |
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| convicted or receives a disposition of court supervision for a | 2 |
| violation of
Section 11-501 of the Illinois Vehicle Code shall, | 3 |
| in addition to any other
disposition, penalty, or fine imposed, | 4 |
| pay a fee of
$50 which shall
be collected by the clerk of the | 5 |
| court and then remitted to the State Treasurer for deposit into | 6 |
| the Roadside Memorial Fund, a special fund that is created in | 7 |
| the State treasury. However, the court may waive the fee if | 8 |
| full restitution is complied with. Subject to appropriation, | 9 |
| all moneys in the Roadside Memorial Fund shall be used by the | 10 |
| Department of Transportation to pay fees imposed under | 11 |
| subsection (f) of Section 20 of the Roadside Memorial Act.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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