Illinois General Assembly - Full Text of SB3027
Illinois General Assembly

Previous General Assemblies

Full Text of SB3027  100th General Assembly

SB3027eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3027 EngrossedLRB100 17347 RJF 32511 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 6z-68 as follows:
 
6    (30 ILCS 105/6z-68)
7    Sec. 6z-68. The Intercity Passenger Rail Fund.
8    (a) The Intercity Passenger Rail Fund is created as a
9special fund in the State treasury. Moneys in the Fund may be
10used by the Department of Transportation, subject to
11appropriation, for the operation of intercity passenger rail
12services in the State through Amtrak or its successor.
13    Moneys received for the purposes of this Section,
14including, without limitation, income tax checkoff receipts
15and gifts, grants, and awards from any public or private
16entity, must be deposited into the Fund. Any interest earned on
17moneys in the Fund must be deposited into the Fund.
18    (b) (Blank). At least one month before the beginning of
19each fiscal year, the chief operating officer of Amtrak or its
20successor must certify to the State Treasurer the number of
21Amtrak tickets sold at the State rate during that current
22fiscal year.
23    On the first day of that next fiscal year, or as soon

 

 

SB3027 Engrossed- 2 -LRB100 17347 RJF 32511 b

1thereafter as practical, the State Treasurer must transfer,
2from the General Revenue Fund to the Intercity Passenger Rail
3Fund, an amount equal to the tickets certified by the chief
4operating officer of Amtrak multiplied by $50.
5    (c) Beginning after June 1, 2017, the chief operating
6officer of Amtrak or its successor shall no longer be required
7to certify to the State Treasurer the number of Amtrak tickets
8sold at the State rate during the current fiscal year.
9Beginning July 1, 2017, the State Treasurer shall no longer be
10required to transfer from the General Revenue Fund to the
11Intercity Passenger Rail Fund an amount equal to the tickets
12certified by the chief operating officer of Amtrak multiplied
13by $50.
14(Source: P.A. 94-535, eff. 8-10-05.)
 
15    Section 10. The General Obligation Bond Act is amended by
16changing Section 13 as follows:
 
17    (30 ILCS 330/13)  (from Ch. 127, par. 663)
18    Sec. 13. Appropriation of proceeds from sale of Bonds.
19    (a) At all times, the proceeds from the sale of Bonds
20issued pursuant to this Act are subject to appropriation by the
21General Assembly and, except as provided in Sections 7.2 and
227.6, may be obligated or expended only with the written
23approval of the Governor, in such amounts, at such times, and
24for such purposes as the respective State agencies, as defined

 

 

SB3027 Engrossed- 3 -LRB100 17347 RJF 32511 b

1in Section 1-7 of the Illinois State Auditing Act, as amended,
2deem necessary or desirable for the specific purposes
3contemplated in Sections 2 through 8 of this Act.
4Notwithstanding any other provision of this Act, proceeds from
5the sale of Bonds issued pursuant to this Act appropriated by
6the General Assembly to the Architect of the Capitol may be
7obligated or expended by the Architect of the Capitol without
8the written approval of the Governor.
9    (b) Proceeds from the sale of Bonds for the purpose of
10development of coal and alternative forms of energy shall be
11expended in such amounts and at such times as the Department of
12Commerce and Economic Opportunity, with the advice and
13recommendation of the Illinois Coal Development Board for coal
14development projects, may deem necessary and desirable for the
15specific purpose contemplated by Section 7 of this Act. In
16considering the approval of projects to be funded, the
17Department of Commerce and Economic Opportunity shall give
18special consideration to projects designed to remove sulfur and
19other pollutants in the preparation and utilization of coal,
20and in the use and operation of electric utility generating
21plants and industrial facilities which utilize Illinois coal as
22their primary source of fuel.
23    (c) Except as directed in subsection (c-1) or (c-2), any
24monies received by any officer or employee of the state
25representing a reimbursement of expenditures previously paid
26from general obligation bond proceeds shall, at the direction

 

 

SB3027 Engrossed- 4 -LRB100 17347 RJF 32511 b

1of the Director of the Governor's Office of Management and
2Budget, be deposited into the General Obligation Bond
3Retirement and Interest Fund authorized in Section 14 of this
4Act, or be deposited into the fund from which such expenditures
5were paid.
6    (c-1) Any money received by the Department of
7Transportation as reimbursement for expenditures for high
8speed rail purposes pursuant to appropriations from the
9Transportation Bond, Series B Fund for (i) CREATE (Chicago
10Region Environmental and Transportation Efficiency), (ii) High
11Speed Rail, or (iii) AMTRAK projects authorized by the federal
12government under the provisions of the American Recovery and
13Reinvestment Act of 2009 or the Safe Accountable Flexible
14Efficient Transportation Equity Act-A Legacy for Users
15(SAFETEA-LU), or any successor federal transportation
16authorization Act, shall be deposited into the Federal High
17Speed Rail Trust Fund.
18    (c-2) (Blank). Any money received by the Department of
19Transportation as reimbursement for expenditures for transit
20capital purposes pursuant to appropriations from the
21Transportation Bond, Series B Fund for projects authorized by
22the federal government under the provisions of the American
23Recovery and Reinvestment Act of 2009 or the Safe Accountable
24Flexible Efficient Transportation Equity Act-A Legacy for
25Users (SAFETEA-LU), or any successor federal transportation
26authorization Act, shall be deposited into the Federal Mass

 

 

SB3027 Engrossed- 5 -LRB100 17347 RJF 32511 b

1Transit Trust Fund.
2(Source: P.A. 100-23, eff. 7-6-17.)
 
3    Section 15. The Downstate Public Transportation Act is
4amended by changing Sections 2-2.04 and 2-15 as follows:
 
5    (30 ILCS 740/2-2.04)  (from Ch. 111 2/3, par. 662.04)
6    Sec. 2-2.04. "Eligible operating expenses" means all
7expenses required for public transportation, including
8employee wages and benefits, materials, fuels, supplies,
9rental of facilities, taxes other than income taxes, payment
10made for debt service (including principal and interest) on
11publicly owned equipment or facilities, and any other
12expenditure which is an operating expense according to standard
13accounting practices for the providing of public
14transportation. Eligible operating expenses shall not include
15allowances: (a) for depreciation whether funded or unfunded;
16(b) for amortization of any intangible costs; (c) for debt
17service on capital acquired with the assistance of capital
18grant funds provided by the State of Illinois; (d) for profits
19or return on investment; (e) for excessive payment to
20associated entities; (f) for Comprehensive Employment Training
21Act expenses; (g) for costs reimbursed under Sections 6 and 8
22of the "Urban Mass Transportation Act of 1964", as amended; (h)
23for entertainment expenses; (i) for charter expenses; (j) for
24fines and penalties; (k) for charitable donations; (l) for

 

 

SB3027 Engrossed- 6 -LRB100 17347 RJF 32511 b

1interest expense on long term borrowing and debt retirement
2other than on publicly owned equipment or facilities; (m) for
3income taxes; or (n) for such other expenses as the Department
4may determine consistent with federal Department of
5Transportation regulations or requirements. In consultation
6with participants, the Department shall, by October 2008,
7promulgate or update rules, pursuant to the Illinois
8Administrative Procedure Act, concerning eligible expenses to
9ensure consistent application of the Act, and the Department
10shall provide written copies of those rules to all eligible
11recipients. The Department shall review this process in the
12same manner no less frequently than every 5 years.
13    With respect to participants other than any Metro-East
14Transit District participant and those receiving federal
15research development and demonstration funds pursuant to
16Section 6 of the "Urban Mass Transportation Act of 1964", as
17amended, during the fiscal year ending June 30, 1979, the
18maximum eligible operating expenses for any such participant in
19any fiscal year after Fiscal Year 1980 shall be the amount
20appropriated for such participant for the fiscal year ending
21June 30, 1980, plus in each year a 10% increase over the
22maximum established for the preceding fiscal year. For Fiscal
23Year 1980 the maximum eligible operating expenses for any such
24participant shall be the amount of projected operating expenses
25upon which the appropriation for such participant for Fiscal
26Year 1980 is based.

 

 

SB3027 Engrossed- 7 -LRB100 17347 RJF 32511 b

1    With respect to participants receiving federal research
2development and demonstration operating assistance funds for
3operating assistance pursuant to Section 6 of the "Urban Mass
4Transportation Act of 1964", as amended, during the fiscal year
5ending June 30, 1979, the maximum eligible operating expenses
6for any such participant in any fiscal year after Fiscal Year
71980 shall not exceed such participant's eligible operating
8expenses for the fiscal year ending June 30, 1980, plus in each
9year a 10% increase over the maximum established for the
10preceding fiscal year. For Fiscal Year 1980, the maximum
11eligible operating expenses for any such participant shall be
12the eligible operating expenses incurred during such fiscal
13year, or projected operating expenses upon which the
14appropriation for such participant for the Fiscal Year 1980 is
15based; whichever is less.
16    With respect to all participants other than any Metro-East
17Transit District participant, the maximum eligible operating
18expenses for any such participant in any fiscal year after
19Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
20shall be the amount appropriated for such participant for the
21fiscal year ending June 30, 1985, plus (i) in fiscal years
22prior to fiscal year 2019 in each year a 10% increase over the
23maximum established for the preceding year and (ii) for fiscal
24year 2019 and thereafter, the percentage increase shall be
25equal to the percentage change in transfers ordered into the
26Downstate Public Transportation Fund under subsection (b-6) of

 

 

SB3027 Engrossed- 8 -LRB100 17347 RJF 32511 b

1Section 2-3 of this Act for the most recently completed fiscal
2year over the amount ordered transferred under that Section in
3the immediately preceding fiscal year, except if the percentage
4change is zero or less than zero, then the maximum established
5shall be equal to the maximum established for the preceding
6fiscal year. For Fiscal Year 1985, the maximum eligible
7operating expenses for any such participant shall be the amount
8of projected operating expenses upon which the appropriation
9for such participant for Fiscal Year 1985 is based.
10    With respect to any mass transit district participant that
11has increased its district boundaries by annexing counties
12since 1998 and is maintaining a level of local financial
13support, including all income and revenues, equal to or greater
14than the level in the State fiscal year ending June 30, 2001,
15the maximum eligible operating expenses for any State fiscal
16year after 2002 (except State fiscal years 2006 through 2009)
17shall be the amount appropriated for that participant for the
18State fiscal year ending June 30, 2002, plus, (i) in each State
19fiscal year prior to fiscal year 2019, a 10% increase over the
20preceding State fiscal year and (ii) for fiscal year 2015 and
21thereafter, the percentage increase shall be equal to the
22percentage change in transfers ordered into the Downstate
23Public Transportation Fund under subsection (b-6) of Section
242-3 of this Act for the most recently completed fiscal year
25over the amount ordered transferred under that Section in the
26immediately preceding fiscal year, except if the percentage

 

 

SB3027 Engrossed- 9 -LRB100 17347 RJF 32511 b

1change is zero or less than zero, then the maximum established
2shall be equal to the maximum established for the preceding
3fiscal year. For State fiscal year 2002, the maximum eligible
4operating expenses for any such participant shall be the amount
5of projected operating expenses upon which the appropriation
6for that participant for State fiscal year 2002 is based. For
7that participant, eligible operating expenses for State fiscal
8year 2002 in excess of the eligible operating expenses for the
9State fiscal year ending June 30, 2001, plus 10%, must be
10attributed to the provision of services in the newly annexed
11counties.
12    With respect to a participant that receives an initial
13appropriation in State fiscal year 2002 or thereafter, the
14maximum eligible operating expenses for any State fiscal year
15after 2003 (except State fiscal years 2006 through 2009) shall
16be the amount appropriated for that participant for the State
17fiscal year in which it received its initial appropriation,
18plus, (i) in fiscal years prior to fiscal year 2019 in each
19year, a 10% increase over the preceding year and (ii) for
20fiscal year 2019 and thereafter, the percentage increase shall
21be equal to the percentage change in transfers ordered into the
22Downstate Public Transportation Fund under subsection (b-6) of
23Section 2-3 of this Act for the most recently completed fiscal
24year over the amount ordered transferred under that Section in
25the immediately preceding fiscal year, except if the percentage
26change is zero or less than zero, then the maximum established

 

 

SB3027 Engrossed- 10 -LRB100 17347 RJF 32511 b

1shall be equal to the maximum established for the preceding
2fiscal year. For the initial State fiscal year in which a
3participant received an appropriation, the maximum eligible
4operating expenses for any such participant shall be the amount
5of projected operating expenses upon which the appropriation
6for that participant for that State fiscal year is based.
7    With respect to the District serving primarily the counties
8of Monroe and St. Clair, beginning July 1, 2005, the St. Clair
9County Transit District shall no longer be included for new
10appropriation funding purposes as part of the Metro-East Public
11Transportation Fund and instead shall be included for new
12appropriation funding purposes as part of the Downstate Public
13Transportation Fund; provided, however, that nothing herein
14shall alter the eligibility of that District for previously
15appropriated funds to which it would otherwise be entitled.
16    With respect to the District serving primarily Madison
17County, beginning July 1, 2008, the Madison County Transit
18District shall no longer be included for new appropriation
19funding purposes as part of the Metro-East Public
20Transportation Fund and instead shall be included for new
21appropriation funding purposes as part of the Downstate Public
22Transportation Fund; provided, however, that nothing herein
23shall alter the eligibility of that District for previously
24appropriated funds to which it would otherwise be entitled.
25    With respect to the fiscal year beginning July 1, 2007, and
26thereafter, the following shall be included for new

 

 

SB3027 Engrossed- 11 -LRB100 17347 RJF 32511 b

1appropriation funding purposes as part of the Downstate Public
2Transportation Fund: Bond County; Bureau County; Coles County;
3Edgar County; Stephenson County and the City of Freeport; Henry
4County; Jo Daviess County; Kankakee and McLean Counties; Peoria
5County; Piatt County; Shelby County; Tazewell and Woodford
6Counties; Vermilion County; Williamson County; and Kendall
7County.
8(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
 
9    (30 ILCS 740/2-15)  (from Ch. 111 2/3, par. 675.1)
10    Sec. 2-15. Residual fund balance.
11    (a) Except as otherwise provided in this Section, all funds
12which remain in the Downstate Public Transportation Fund or the
13Metro-East Public Transportation Fund after the payment of the
14fourth quarterly payment to participants other than Metro-East
15Transit District participants and the last monthly payment to
16Metro-East Transit participants in each fiscal year shall be
17transferred (i) to the General Revenue Fund through fiscal year
182008 and (ii) to the Downstate Transit Improvement Fund for
19fiscal years fiscal year 2009 through 2012 and each fiscal year
20thereafter. Any amounts requested by the Department of
21Transportation for transfer into the Downstate Transit
22Improvement Fund during fiscal year 2018 are hereby nullified
23and, if the funds have already been moved into the Downstate
24Transit Improvement Fund, then the Comptroller shall
25immediately order and the Treasurer shall transfer such funds

 

 

SB3027 Engrossed- 12 -LRB100 17347 RJF 32511 b

1back to the Downstate Public Transportation Fund. In fiscal
2year 2019 and each fiscal year thereafter, the transfer to the
3Downstate Transit Improvement Fund shall be determined as
4follows:
5        (1) the Department of Transportation shall calculate
6    the amounts directed to be transferred into the Downstate
7    Public Transportation Fund under subsection (b-6) of
8    Section 2-3 of this Act minus the amounts expended via
9    appropriations and transfers from the Downstate Public
10    Transportation Fund for the most recently completed Fiscal
11    Year (the "Net Resources Amount");
12        (2) the Department of Transportation shall also
13    compute the June 30 available balance in the Downstate
14    Public Transportation Fund for both the most recently
15    completed fiscal year and the immediately preceding fiscal
16    year and determine the change (positive or negative) in the
17    available balance over the course of the most recently
18    completed fiscal year (the "Balance Change Amount");
19        (3) if the Balance Change Amount indicates that the
20    June 30 available balance in the Downstate Public
21    Transportation Fund has stayed the same or increased during
22    the most recently completed fiscal year, then the requested
23    transfer to the Downstate Transit Improvement Fund in the
24    current fiscal year will be equal to the Net Resources
25    Amount calculated in paragraph (1) above;
26        (4) If the Balance Change Amount indicates that the

 

 

SB3027 Engrossed- 13 -LRB100 17347 RJF 32511 b

1    June 30 available balance has decreased during the most
2    recently completed fiscal year, then the requested
3    transfer to the Downstate Transit Improvement Fund shall be
4    equal to the Net Resources Amount reduced by the Balance
5    Change Amount. If the Balance Change Amount under this
6    paragraph (4) is greater than or equal to the Net Resources
7    Amount, then there will not be a transfer into the
8    Downstate Transit Improvement Fund during the current
9    fiscal year.
10    Transfers shall be made no later than 90 days following the
11end of such fiscal year. Beginning fiscal year 2010, all moneys
12each year in the Downstate Transit Improvement Fund, shall be
13held solely for the benefit of the participants in the
14Downstate Public Transportation Fund and shall be appropriated
15solely to the Department to make competitive capital grants to
16the participants of the respective funds and for no other
17purpose. However, such amount as the Department determines to
18be necessary for (1) allocation to participants for the
19purposes of Section 2-7 for the first quarter of the succeeding
20fiscal year and (2) an amount equal to 2% of the total
21allocations to participants in the fiscal year just ended to be
22used for the purpose of audit adjustments shall be retained in
23such Funds to be used by the Department for such purposes.
24    (b) Notwithstanding any other provision of law, in addition
25to any other transfers that may be provided by law, on July 1,
262011, or as soon thereafter as practical, the State Comptroller

 

 

SB3027 Engrossed- 14 -LRB100 17347 RJF 32511 b

1shall direct and the State Treasurer shall transfer the
2remaining balance from the Metro East Public Transportation
3Fund into the General Revenue Fund. Upon completion of the
4transfers, the Metro East Public Transportation Fund is
5dissolved, and any future deposits due to that Fund and any
6outstanding obligations or liabilities of that Fund pass to the
7General Revenue Fund.
8(Source: P.A. 97-72, eff. 7-1-11.)
 
9    Section 20. The Motor Fuel Tax Law is amended by changing
10Section 8 as follows:
 
11    (35 ILCS 505/8)  (from Ch. 120, par. 424)
12    Sec. 8. Except as provided in Section 8a, subdivision
13(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1416 of Section 15, all money received by the Department under
15this Act, including payments made to the Department by member
16jurisdictions participating in the International Fuel Tax
17Agreement, shall be deposited in a special fund in the State
18treasury, to be known as the "Motor Fuel Tax Fund", and shall
19be used as follows:
20    (a) 2 1/2 cents per gallon of the tax collected on special
21fuel under paragraph (b) of Section 2 and Section 13a of this
22Act shall be transferred to the State Construction Account Fund
23in the State Treasury;
24    (b) $420,000 shall be transferred each month to the State

 

 

SB3027 Engrossed- 15 -LRB100 17347 RJF 32511 b

1Boating Act Fund to be used by the Department of Natural
2Resources for the purposes specified in Article X of the Boat
3Registration and Safety Act;
4    (c) $3,500,000 shall be transferred each month to the Grade
5Crossing Protection Fund to be used as follows: not less than
6$12,000,000 each fiscal year shall be used for the construction
7or reconstruction of rail highway grade separation structures;
8$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
9fiscal year 2010 and each fiscal year thereafter shall be
10transferred to the Transportation Regulatory Fund and shall be
11accounted for as part of the rail carrier portion of such funds
12and shall be used to pay the cost of administration of the
13Illinois Commerce Commission's railroad safety program in
14connection with its duties under subsection (3) of Section
1518c-7401 of the Illinois Vehicle Code, with the remainder to be
16used by the Department of Transportation upon order of the
17Illinois Commerce Commission, to pay that part of the cost
18apportioned by such Commission to the State to cover the
19interest of the public in the use of highways, roads, streets,
20or pedestrian walkways in the county highway system, township
21and district road system, or municipal street system as defined
22in the Illinois Highway Code, as the same may from time to time
23be amended, for separation of grades, for installation,
24construction or reconstruction of crossing protection or
25reconstruction, alteration, relocation including construction
26or improvement of any existing highway necessary for access to

 

 

SB3027 Engrossed- 16 -LRB100 17347 RJF 32511 b

1property or improvement of any grade crossing and grade
2crossing surface including the necessary highway approaches
3thereto of any railroad across the highway or public road, or
4for the installation, construction, reconstruction, or
5maintenance of a pedestrian walkway over or under a railroad
6right-of-way, as provided for in and in accordance with Section
718c-7401 of the Illinois Vehicle Code. The Commission may order
8up to $2,000,000 per year in Grade Crossing Protection Fund
9moneys for the improvement of grade crossing surfaces and up to
10$300,000 per year for the maintenance and renewal of 4-quadrant
11gate vehicle detection systems located at non-high speed rail
12grade crossings. The Commission shall not order more than
13$2,000,000 per year in Grade Crossing Protection Fund moneys
14for pedestrian walkways. In entering orders for projects for
15which payments from the Grade Crossing Protection Fund will be
16made, the Commission shall account for expenditures authorized
17by the orders on a cash rather than an accrual basis. For
18purposes of this requirement an "accrual basis" assumes that
19the total cost of the project is expended in the fiscal year in
20which the order is entered, while a "cash basis" allocates the
21cost of the project among fiscal years as expenditures are
22actually made. To meet the requirements of this subsection, the
23Illinois Commerce Commission shall develop annual and 5-year
24project plans of rail crossing capital improvements that will
25be paid for with moneys from the Grade Crossing Protection
26Fund. The annual project plan shall identify projects for the

 

 

SB3027 Engrossed- 17 -LRB100 17347 RJF 32511 b

1succeeding fiscal year and the 5-year project plan shall
2identify projects for the 5 directly succeeding fiscal years.
3The Commission shall submit the annual and 5-year project plans
4for this Fund to the Governor, the President of the Senate, the
5Senate Minority Leader, the Speaker of the House of
6Representatives, and the Minority Leader of the House of
7Representatives on the first Wednesday in April of each year;
8    (d) of the amount remaining after allocations provided for
9in subsections (a), (b) and (c), a sufficient amount shall be
10reserved to pay all of the following:
11        (1) the costs of the Department of Revenue in
12    administering this Act;
13        (2) the costs of the Department of Transportation in
14    performing its duties imposed by the Illinois Highway Code
15    for supervising the use of motor fuel tax funds apportioned
16    to municipalities, counties and road districts;
17        (3) refunds provided for in Section 13, refunds for
18    overpayment of decal fees paid under Section 13a.4 of this
19    Act, and refunds provided for under the terms of the
20    International Fuel Tax Agreement referenced in Section
21    14a;
22        (4) beginning June 30, 2015, the costs of the Illinois
23    Environmental Protection Agency for from October 1, 1985
24    until June 30, 1994, the administration of the Vehicle
25    Emissions Inspection Law, which amount shall be certified
26    monthly by the Environmental Protection Agency to the State

 

 

SB3027 Engrossed- 18 -LRB100 17347 RJF 32511 b

1    Comptroller and shall promptly be transferred by the State
2    Comptroller and Treasurer from the Motor Fuel Tax Fund to
3    the Vehicle Inspection Fund, and for the period July 1,
4    1994 through June 30, 2000, one-twelfth of $25,000,000 each
5    month, for the period July 1, 2000 through June 30, 2003,
6    one-twelfth of $30,000,000 each month, and $15,000,000 on
7    July 1, 2003, and $15,000,000 on January 1, 2004, and
8    $15,000,000 on each July 1 and October 1, or as soon
9    thereafter as may be practical, during the period July 1,
10    2004 through June 30, 2012, and $30,000,000 on June 1,
11    2013, or as soon thereafter as may be practical, and
12    $15,000,000 on July 1 and October 1, or as soon thereafter
13    as may be practical, during the period of July 1, 2013
14    through June 30, 2015, for the administration of the
15    Vehicle Emissions Inspection Law of 2005, to be paid
16    pursuant to appropriation transferred by the State
17    Comptroller and Treasurer from the Motor Fuel Tax Fund into
18    the Vehicle Inspection Fund;
19        (5) amounts ordered paid by the Court of Claims; and
20        (6) payment of motor fuel use taxes due to member
21    jurisdictions under the terms of the International Fuel Tax
22    Agreement. The Department shall certify these amounts to
23    the Comptroller by the 15th day of each month; the
24    Comptroller shall cause orders to be drawn for such
25    amounts, and the Treasurer shall administer those amounts
26    on or before the last day of each month;

 

 

SB3027 Engrossed- 19 -LRB100 17347 RJF 32511 b

1    (e) after allocations for the purposes set forth in
2subsections (a), (b), (c) and (d), the remaining amount shall
3be apportioned as follows:
4        (1) Until January 1, 2000, 58.4%, and beginning January
5    1, 2000, 45.6% shall be deposited as follows:
6            (A) 37% into the State Construction Account Fund,
7        and
8            (B) 63% into the Road Fund, $1,250,000 of which
9        shall be reserved each month for the Department of
10        Transportation to be used in accordance with the
11        provisions of Sections 6-901 through 6-906 of the
12        Illinois Highway Code;
13        (2) Until January 1, 2000, 41.6%, and beginning January
14    1, 2000, 54.4% shall be transferred to the Department of
15    Transportation to be distributed as follows:
16            (A) 49.10% to the municipalities of the State,
17            (B) 16.74% to the counties of the State having
18        1,000,000 or more inhabitants,
19            (C) 18.27% to the counties of the State having less
20        than 1,000,000 inhabitants,
21            (D) 15.89% to the road districts of the State.
22    As soon as may be after the first day of each month the
23Department of Transportation shall allot to each municipality
24its share of the amount apportioned to the several
25municipalities which shall be in proportion to the population
26of such municipalities as determined by the last preceding

 

 

SB3027 Engrossed- 20 -LRB100 17347 RJF 32511 b

1municipal census if conducted by the Federal Government or
2Federal census. If territory is annexed to any municipality
3subsequent to the time of the last preceding census the
4corporate authorities of such municipality may cause a census
5to be taken of such annexed territory and the population so
6ascertained for such territory shall be added to the population
7of the municipality as determined by the last preceding census
8for the purpose of determining the allotment for that
9municipality. If the population of any municipality was not
10determined by the last Federal census preceding any
11apportionment, the apportionment to such municipality shall be
12in accordance with any census taken by such municipality. Any
13municipal census used in accordance with this Section shall be
14certified to the Department of Transportation by the clerk of
15such municipality, and the accuracy thereof shall be subject to
16approval of the Department which may make such corrections as
17it ascertains to be necessary.
18    As soon as may be after the first day of each month the
19Department of Transportation shall allot to each county its
20share of the amount apportioned to the several counties of the
21State as herein provided. Each allotment to the several
22counties having less than 1,000,000 inhabitants shall be in
23proportion to the amount of motor vehicle license fees received
24from the residents of such counties, respectively, during the
25preceding calendar year. The Secretary of State shall, on or
26before April 15 of each year, transmit to the Department of

 

 

SB3027 Engrossed- 21 -LRB100 17347 RJF 32511 b

1Transportation a full and complete report showing the amount of
2motor vehicle license fees received from the residents of each
3county, respectively, during the preceding calendar year. The
4Department of Transportation shall, each month, use for
5allotment purposes the last such report received from the
6Secretary of State.
7    As soon as may be after the first day of each month, the
8Department of Transportation shall allot to the several
9counties their share of the amount apportioned for the use of
10road districts. The allotment shall be apportioned among the
11several counties in the State in the proportion which the total
12mileage of township or district roads in the respective
13counties bears to the total mileage of all township and
14district roads in the State. Funds allotted to the respective
15counties for the use of road districts therein shall be
16allocated to the several road districts in the county in the
17proportion which the total mileage of such township or district
18roads in the respective road districts bears to the total
19mileage of all such township or district roads in the county.
20After July 1 of any year prior to 2011, no allocation shall be
21made for any road district unless it levied a tax for road and
22bridge purposes in an amount which will require the extension
23of such tax against the taxable property in any such road
24district at a rate of not less than either .08% of the value
25thereof, based upon the assessment for the year immediately
26prior to the year in which such tax was levied and as equalized

 

 

SB3027 Engrossed- 22 -LRB100 17347 RJF 32511 b

1by the Department of Revenue or, in DuPage County, an amount
2equal to or greater than $12,000 per mile of road under the
3jurisdiction of the road district, whichever is less. Beginning
4July 1, 2011 and each July 1 thereafter, an allocation shall be
5made for any road district if it levied a tax for road and
6bridge purposes. In counties other than DuPage County, if the
7amount of the tax levy requires the extension of the tax
8against the taxable property in the road district at a rate
9that is less than 0.08% of the value thereof, based upon the
10assessment for the year immediately prior to the year in which
11the tax was levied and as equalized by the Department of
12Revenue, then the amount of the allocation for that road
13district shall be a percentage of the maximum allocation equal
14to the percentage obtained by dividing the rate extended by the
15district by 0.08%. In DuPage County, if the amount of the tax
16levy requires the extension of the tax against the taxable
17property in the road district at a rate that is less than the
18lesser of (i) 0.08% of the value of the taxable property in the
19road district, based upon the assessment for the year
20immediately prior to the year in which such tax was levied and
21as equalized by the Department of Revenue, or (ii) a rate that
22will yield an amount equal to $12,000 per mile of road under
23the jurisdiction of the road district, then the amount of the
24allocation for the road district shall be a percentage of the
25maximum allocation equal to the percentage obtained by dividing
26the rate extended by the district by the lesser of (i) 0.08% or

 

 

SB3027 Engrossed- 23 -LRB100 17347 RJF 32511 b

1(ii) the rate that will yield an amount equal to $12,000 per
2mile of road under the jurisdiction of the road district.
3    Prior to 2011, if any road district has levied a special
4tax for road purposes pursuant to Sections 6-601, 6-602 and
56-603 of the Illinois Highway Code, and such tax was levied in
6an amount which would require extension at a rate of not less
7than .08% of the value of the taxable property thereof, as
8equalized or assessed by the Department of Revenue, or, in
9DuPage County, an amount equal to or greater than $12,000 per
10mile of road under the jurisdiction of the road district,
11whichever is less, such levy shall, however, be deemed a proper
12compliance with this Section and shall qualify such road
13district for an allotment under this Section. Beginning in 2011
14and thereafter, if any road district has levied a special tax
15for road purposes under Sections 6-601, 6-602, and 6-603 of the
16Illinois Highway Code, and the tax was levied in an amount that
17would require extension at a rate of not less than 0.08% of the
18value of the taxable property of that road district, as
19equalized or assessed by the Department of Revenue or, in
20DuPage County, an amount equal to or greater than $12,000 per
21mile of road under the jurisdiction of the road district,
22whichever is less, that levy shall be deemed a proper
23compliance with this Section and shall qualify such road
24district for a full, rather than proportionate, allotment under
25this Section. If the levy for the special tax is less than
260.08% of the value of the taxable property, or, in DuPage

 

 

SB3027 Engrossed- 24 -LRB100 17347 RJF 32511 b

1County if the levy for the special tax is less than the lesser
2of (i) 0.08% or (ii) $12,000 per mile of road under the
3jurisdiction of the road district, and if the levy for the
4special tax is more than any other levy for road and bridge
5purposes, then the levy for the special tax qualifies the road
6district for a proportionate, rather than full, allotment under
7this Section. If the levy for the special tax is equal to or
8less than any other levy for road and bridge purposes, then any
9allotment under this Section shall be determined by the other
10levy for road and bridge purposes.
11    Prior to 2011, if a township has transferred to the road
12and bridge fund money which, when added to the amount of any
13tax levy of the road district would be the equivalent of a tax
14levy requiring extension at a rate of at least .08%, or, in
15DuPage County, an amount equal to or greater than $12,000 per
16mile of road under the jurisdiction of the road district,
17whichever is less, such transfer, together with any such tax
18levy, shall be deemed a proper compliance with this Section and
19shall qualify the road district for an allotment under this
20Section.
21    In counties in which a property tax extension limitation is
22imposed under the Property Tax Extension Limitation Law, road
23districts may retain their entitlement to a motor fuel tax
24allotment or, beginning in 2011, their entitlement to a full
25allotment if, at the time the property tax extension limitation
26was imposed, the road district was levying a road and bridge

 

 

SB3027 Engrossed- 25 -LRB100 17347 RJF 32511 b

1tax at a rate sufficient to entitle it to a motor fuel tax
2allotment and continues to levy the maximum allowable amount
3after the imposition of the property tax extension limitation.
4Any road district may in all circumstances retain its
5entitlement to a motor fuel tax allotment or, beginning in
62011, its entitlement to a full allotment if it levied a road
7and bridge tax in an amount that will require the extension of
8the tax against the taxable property in the road district at a
9rate of not less than 0.08% of the assessed value of the
10property, based upon the assessment for the year immediately
11preceding the year in which the tax was levied and as equalized
12by the Department of Revenue or, in DuPage County, an amount
13equal to or greater than $12,000 per mile of road under the
14jurisdiction of the road district, whichever is less.
15    As used in this Section the term "road district" means any
16road district, including a county unit road district, provided
17for by the Illinois Highway Code; and the term "township or
18district road" means any road in the township and district road
19system as defined in the Illinois Highway Code. For the
20purposes of this Section, "township or district road" also
21includes such roads as are maintained by park districts, forest
22preserve districts and conservation districts. The Department
23of Transportation shall determine the mileage of all township
24and district roads for the purposes of making allotments and
25allocations of motor fuel tax funds for use in road districts.
26    Payment of motor fuel tax moneys to municipalities and

 

 

SB3027 Engrossed- 26 -LRB100 17347 RJF 32511 b

1counties shall be made as soon as possible after the allotment
2is made. The treasurer of the municipality or county may invest
3these funds until their use is required and the interest earned
4by these investments shall be limited to the same uses as the
5principal funds.
6(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
7eff. 6-19-13; 98-674, eff. 6-30-14.)
 
8    Section 25. The Regional Transportation Authority Act is
9amended by changing Section 4.09 as follows:
 
10    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
11    Sec. 4.09. Public Transportation Fund and the Regional
12Transportation Authority Occupation and Use Tax Replacement
13Fund.
14    (a)(1) Except as otherwise provided in paragraph (4), as
15soon as possible after the first day of each month, beginning
16July 1, 1984, upon certification of the Department of Revenue,
17the Comptroller shall order transferred and the Treasurer shall
18transfer from the General Revenue Fund to a special fund in the
19State Treasury to be known as the Public Transportation Fund an
20amount equal to 25% of the net revenue, before the deduction of
21the serviceman and retailer discounts pursuant to Section 9 of
22the Service Occupation Tax Act and Section 3 of the Retailers'
23Occupation Tax Act, realized from any tax imposed by the
24Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the

 

 

SB3027 Engrossed- 27 -LRB100 17347 RJF 32511 b

1amounts deposited into the Regional Transportation Authority
2tax fund created by Section 4.03 of this Act, from the County
3and Mass Transit District Fund as provided in Section 6z-20 of
4the State Finance Act and 25% of the amounts deposited into the
5Regional Transportation Authority Occupation and Use Tax
6Replacement Fund from the State and Local Sales Tax Reform Fund
7as provided in Section 6z-17 of the State Finance Act. On the
8first day of the month following the date that the Department
9receives revenues from increased taxes under Section 4.03(m) as
10authorized by this amendatory Act of the 95th General Assembly,
11in lieu of the transfers authorized in the preceding sentence,
12upon certification of the Department of Revenue, the
13Comptroller shall order transferred and the Treasurer shall
14transfer from the General Revenue Fund to the Public
15Transportation Fund an amount equal to 25% of the net revenue,
16before the deduction of the serviceman and retailer discounts
17pursuant to Section 9 of the Service Occupation Tax Act and
18Section 3 of the Retailers' Occupation Tax Act, realized from
19(i) 80% of the proceeds of any tax imposed by the Authority at
20a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
21tax imposed by the Authority at the rate of 1% in Cook County,
22and (iii) one-third of the proceeds of any tax imposed by the
23Authority at the rate of 0.75% in the Counties of DuPage, Kane,
24Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
25of the net revenue realized from any tax imposed by the
26Authority pursuant to Section 4.03.1, and 25% of the amounts

 

 

SB3027 Engrossed- 28 -LRB100 17347 RJF 32511 b

1deposited into the Regional Transportation Authority tax fund
2created by Section 4.03 of this Act from the County and Mass
3Transit District Fund as provided in Section 6z-20 of the State
4Finance Act, and 25% of the amounts deposited into the Regional
5Transportation Authority Occupation and Use Tax Replacement
6Fund from the State and Local Sales Tax Reform Fund as provided
7in Section 6z-17 of the State Finance Act. As used in this
8Section, net revenue realized for a month shall be the revenue
9collected by the State pursuant to Sections 4.03 and 4.03.1
10during the previous month from within the metropolitan region,
11less the amount paid out during that same month as refunds to
12taxpayers for overpayment of liability in the metropolitan
13region under Sections 4.03 and 4.03.1.
14    Notwithstanding any provision of law to the contrary,
15beginning on the effective date of this amendatory Act of the
16100th General Assembly, those amounts required under this
17paragraph (1) of subsection (a) to be transferred by the
18Treasurer into the Public Transportation Fund from the General
19Revenue Fund shall be directly deposited into the Public
20Transportation Fund as the revenues are realized from the taxes
21indicated.
22    (2) Except as otherwise provided in paragraph (4), on the
23first day of the month following the effective date of this
24amendatory Act of the 95th General Assembly and each month
25thereafter, upon certification by the Department of Revenue,
26the Comptroller shall order transferred and the Treasurer shall

 

 

SB3027 Engrossed- 29 -LRB100 17347 RJF 32511 b

1transfer from the General Revenue Fund to the Public
2Transportation Fund an amount equal to 5% of the net revenue,
3before the deduction of the serviceman and retailer discounts
4pursuant to Section 9 of the Service Occupation Tax Act and
5Section 3 of the Retailers' Occupation Tax Act, realized from
6any tax imposed by the Authority pursuant to Sections 4.03 and
74.03.1 and certified by the Department of Revenue under Section
84.03(n) of this Act to be paid to the Authority and 5% of the
9amounts deposited into the Regional Transportation Authority
10tax fund created by Section 4.03 of this Act from the County
11and Mass Transit District Fund as provided in Section 6z-20 of
12the State Finance Act, and 5% of the amounts deposited into the
13Regional Transportation Authority Occupation and Use Tax
14Replacement Fund from the State and Local Sales Tax Reform Fund
15as provided in Section 6z-17 of the State Finance Act, and 5%
16of the revenue realized by the Chicago Transit Authority as
17financial assistance from the City of Chicago from the proceeds
18of any tax imposed by the City of Chicago under Section 8-3-19
19of the Illinois Municipal Code.
20    Notwithstanding any provision of law to the contrary,
21beginning on the effective date of this amendatory Act of the
22100th General Assembly, those amounts required under this
23paragraph (2) of subsection (a) to be transferred by the
24Treasurer into the Public Transportation Fund from the General
25Revenue Fund shall be directly deposited into the Public
26Transportation Fund as the revenues are realized from the taxes

 

 

SB3027 Engrossed- 30 -LRB100 17347 RJF 32511 b

1indicated.
2    (3) Except as otherwise provided in paragraph (4), as soon
3as possible after the first day of January, 2009 and each month
4thereafter, upon certification of the Department of Revenue
5with respect to the taxes collected under Section 4.03, the
6Comptroller shall order transferred and the Treasurer shall
7transfer from the General Revenue Fund to the Public
8Transportation Fund an amount equal to 25% of the net revenue,
9before the deduction of the serviceman and retailer discounts
10pursuant to Section 9 of the Service Occupation Tax Act and
11Section 3 of the Retailers' Occupation Tax Act, realized from
12(i) 20% of the proceeds of any tax imposed by the Authority at
13a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
14tax imposed by the Authority at the rate of 1% in Cook County,
15and (iii) one-third of the proceeds of any tax imposed by the
16Authority at the rate of 0.75% in the Counties of DuPage, Kane,
17Lake, McHenry, and Will, all pursuant to Section 4.03, and the
18Comptroller shall order transferred and the Treasurer shall
19transfer from the General Revenue Fund to the Public
20Transportation Fund (iv) an amount equal to 25% of the revenue
21realized by the Chicago Transit Authority as financial
22assistance from the City of Chicago from the proceeds of any
23tax imposed by the City of Chicago under Section 8-3-19 of the
24Illinois Municipal Code.
25    Notwithstanding any provision of law to the contrary,
26beginning on the effective date of this amendatory Act of the

 

 

SB3027 Engrossed- 31 -LRB100 17347 RJF 32511 b

1100th General Assembly, those amounts required under this
2paragraph (3) of subsection (a) to be transferred by the
3Treasurer into the Public Transportation Fund from the General
4Revenue Fund shall be directly deposited into the Public
5Transportation Fund as the revenues are realized from the taxes
6indicated.
7    (4) Notwithstanding any provision of law to the contrary,
8of the transfers to be made under paragraphs (1), (2), and (3)
9of this subsection (a) from the General Revenue Fund to the
10Public Transportation Fund, the first $100,000,000 that would
11have otherwise been transferred from the General Revenue Fund
12shall be transferred from the Road Fund. The remaining balance
13of such transfers shall be made from the General Revenue Fund.
14    (5) For State fiscal year 2018 only, notwithstanding any
15provision of law to the contrary, the total amount of revenue
16and deposits under this subsection (a) attributable to revenues
17realized during State fiscal year 2018 shall be reduced by 10%.
18    (b)(1) Except as otherwise provided in this subsection (b),
19all All moneys deposited in the Public Transportation Fund and
20all moneys deposited into the Regional Transportation
21Authority Occupation and Use Tax Replacement Fund, whether
22deposited pursuant to this Section or otherwise, are allocated
23to the Authority. The Comptroller, as soon as possible after
24each monthly transfer provided in this Section and after each
25deposit into the Public Transportation Fund, shall order the
26Treasurer to pay to the Authority out of the Public

 

 

SB3027 Engrossed- 32 -LRB100 17347 RJF 32511 b

1Transportation Fund the amount so transferred or deposited,
2except for the following amounts: transfers from the Public
3Transportation Fund to the Audit Expense Fund, plus any amounts
4paid pursuant to appropriations to the Office of Executive
5Inspector General as authorized under subsection (h) of Section
64.03.3 from the Public Transportation Fund. Any Additional
7State Assistance and Additional Financial Assistance paid to
8the Authority under this Section shall be expended by the
9Authority for its purposes as provided in this Act. The balance
10of the amounts paid to the Authority from the Public
11Transportation Fund shall be expended by the Authority as
12provided in Section 4.03.3. The Comptroller, as soon as
13possible after each deposit into the Regional Transportation
14Authority Occupation and Use Tax Replacement Fund provided in
15this Section and Section 6z-17 of the State Finance Act, shall
16order the Treasurer to pay to the Authority out of the Regional
17Transportation Authority Occupation and Use Tax Replacement
18Fund the amount so deposited. Such amounts paid to the
19Authority may be expended by it for its purposes as provided in
20this Act. The provisions directing the distributions from the
21Public Transportation Fund and the Regional Transportation
22Authority Occupation and Use Tax Replacement Fund provided for
23in this Section shall constitute an irrevocable and continuing
24appropriation of all amounts as provided herein. The State
25Treasurer and State Comptroller are hereby authorized and
26directed to make distributions as provided in this Section. (2)

 

 

SB3027 Engrossed- 33 -LRB100 17347 RJF 32511 b

1Provided, however, no moneys deposited under subsection (a) of
2this Section shall be paid from the Public Transportation Fund
3to the Authority or its assignee for any fiscal year until the
4Authority has certified to the Governor, the Comptroller, and
5the Mayor of the City of Chicago that it has adopted for that
6fiscal year an Annual Budget and Two-Year Financial Plan
7meeting the requirements in Section 4.01(b).
8    (c) In recognition of the efforts of the Authority to
9enhance the mass transportation facilities under its control,
10the State shall provide financial assistance ("Additional
11State Assistance") in excess of the amounts transferred to the
12Authority from the General Revenue Fund under subsection (a) of
13this Section. Additional State Assistance shall be calculated
14as provided in subsection (d), but shall in no event exceed the
15following specified amounts with respect to the following State
16fiscal years:
17        1990$5,000,000;
18        1991$5,000,000;
19        1992$10,000,000;
20        1993$10,000,000;
21        1994$20,000,000;
22        1995$30,000,000;
23        1996$40,000,000;
24        1997$50,000,000;
25        1998$55,000,000; and
26        each year thereafter$55,000,000.

 

 

SB3027 Engrossed- 34 -LRB100 17347 RJF 32511 b

1    (c-5) The State shall provide financial assistance
2("Additional Financial Assistance") in addition to the
3Additional State Assistance provided by subsection (c) and the
4amounts transferred to the Authority from the General Revenue
5Fund under subsection (a) of this Section. Additional Financial
6Assistance provided by this subsection shall be calculated as
7provided in subsection (d), but shall in no event exceed the
8following specified amounts with respect to the following State
9fiscal years:
10        2000$0;
11        2001$16,000,000;
12        2002$35,000,000;
13        2003$54,000,000;
14        2004$73,000,000;
15        2005$93,000,000; and
16        each year thereafter$100,000,000.
17    (d) Beginning with State fiscal year 1990 and continuing
18for each State fiscal year thereafter, the Authority shall
19annually certify to the State Comptroller and State Treasurer,
20separately with respect to each of subdivisions (g)(2) and
21(g)(3) of Section 4.04 of this Act, the following amounts:
22        (1) The amount necessary and required, during the State
23    fiscal year with respect to which the certification is
24    made, to pay its obligations for debt service on all
25    outstanding bonds or notes issued by the Authority under
26    subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.

 

 

SB3027 Engrossed- 35 -LRB100 17347 RJF 32511 b

1        (2) An estimate of the amount necessary and required to
2    pay its obligations for debt service for any bonds or notes
3    which the Authority anticipates it will issue under
4    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
5    State fiscal year.
6        (3) Its debt service savings during the preceding State
7    fiscal year from refunding or advance refunding of bonds or
8    notes issued under subdivisions (g)(2) and (g)(3) of
9    Section 4.04.
10        (4) The amount of interest, if any, earned by the
11    Authority during the previous State fiscal year on the
12    proceeds of bonds or notes issued pursuant to subdivisions
13    (g)(2) and (g)(3) of Section 4.04, other than refunding or
14    advance refunding bonds or notes.
15    The certification shall include a specific schedule of debt
16service payments, including the date and amount of each payment
17for all outstanding bonds or notes and an estimated schedule of
18anticipated debt service for all bonds and notes it intends to
19issue, if any, during that State fiscal year, including the
20estimated date and estimated amount of each payment.
21    Immediately upon the issuance of bonds for which an
22estimated schedule of debt service payments was prepared, the
23Authority shall file an amended certification with respect to
24item (2) above, to specify the actual schedule of debt service
25payments, including the date and amount of each payment, for
26the remainder of the State fiscal year.

 

 

SB3027 Engrossed- 36 -LRB100 17347 RJF 32511 b

1    On the first day of each month of the State fiscal year in
2which there are bonds outstanding with respect to which the
3certification is made, the State Comptroller shall order
4transferred and the State Treasurer shall transfer from the
5Road Fund to the Public Transportation Fund the Additional
6State Assistance and Additional Financial Assistance in an
7amount equal to the aggregate of (i) one-twelfth of the sum of
8the amounts certified under items (1) and (3) above less the
9amount certified under item (4) above, plus (ii) the amount
10required to pay debt service on bonds and notes issued during
11the fiscal year, if any, divided by the number of months
12remaining in the fiscal year after the date of issuance, or
13some smaller portion as may be necessary under subsection (c)
14or (c-5) of this Section for the relevant State fiscal year,
15plus (iii) any cumulative deficiencies in transfers for prior
16months, until an amount equal to the sum of the amounts
17certified under items (1) and (3) above, plus the actual debt
18service certified under item (2) above, less the amount
19certified under item (4) above, has been transferred; except
20that these transfers are subject to the following limits:
21        (A) In no event shall the total transfers in any State
22    fiscal year relating to outstanding bonds and notes issued
23    by the Authority under subdivision (g)(2) of Section 4.04
24    exceed the lesser of the annual maximum amount specified in
25    subsection (c) or the sum of the amounts certified under
26    items (1) and (3) above, plus the actual debt service

 

 

SB3027 Engrossed- 37 -LRB100 17347 RJF 32511 b

1    certified under item (2) above, less the amount certified
2    under item (4) above, with respect to those bonds and
3    notes.
4        (B) In no event shall the total transfers in any State
5    fiscal year relating to outstanding bonds and notes issued
6    by the Authority under subdivision (g)(3) of Section 4.04
7    exceed the lesser of the annual maximum amount specified in
8    subsection (c-5) or the sum of the amounts certified under
9    items (1) and (3) above, plus the actual debt service
10    certified under item (2) above, less the amount certified
11    under item (4) above, with respect to those bonds and
12    notes.
13    The term "outstanding" does not include bonds or notes for
14which refunding or advance refunding bonds or notes have been
15issued.
16    (e) Neither Additional State Assistance nor Additional
17Financial Assistance may be pledged, either directly or
18indirectly as general revenues of the Authority, as security
19for any bonds issued by the Authority. The Authority may not
20assign its right to receive Additional State Assistance or
21Additional Financial Assistance, or direct payment of
22Additional State Assistance or Additional Financial
23Assistance, to a trustee or any other entity for the payment of
24debt service on its bonds.
25    (f) The certification required under subsection (d) with
26respect to outstanding bonds and notes of the Authority shall

 

 

SB3027 Engrossed- 38 -LRB100 17347 RJF 32511 b

1be filed as early as practicable before the beginning of the
2State fiscal year to which it relates. The certification shall
3be revised as may be necessary to accurately state the debt
4service requirements of the Authority.
5    (g) Within 6 months of the end of each fiscal year, the
6Authority shall determine:
7        (i) whether the aggregate of all system generated
8    revenues for public transportation in the metropolitan
9    region which is provided by, or under grant or purchase of
10    service contracts with, the Service Boards equals 50% of
11    the aggregate of all costs of providing such public
12    transportation. "System generated revenues" include all
13    the proceeds of fares and charges for services provided,
14    contributions received in connection with public
15    transportation from units of local government other than
16    the Authority, except for contributions received by the
17    Chicago Transit Authority from a real estate transfer tax
18    imposed under subsection (i) of Section 8-3-19 of the
19    Illinois Municipal Code, and from the State pursuant to
20    subsection (i) of Section 2705-305 of the Department of
21    Transportation Law (20 ILCS 2705/2705-305), and all other
22    revenues properly included consistent with generally
23    accepted accounting principles but may not include: the
24    proceeds from any borrowing, and, beginning with the 2007
25    fiscal year, all revenues and receipts, including but not
26    limited to fares and grants received from the federal,

 

 

SB3027 Engrossed- 39 -LRB100 17347 RJF 32511 b

1    State or any unit of local government or other entity,
2    derived from providing ADA paratransit service pursuant to
3    Section 2.30 of the Regional Transportation Authority Act.
4    "Costs" include all items properly included as operating
5    costs consistent with generally accepted accounting
6    principles, including administrative costs, but do not
7    include: depreciation; payment of principal and interest
8    on bonds, notes or other evidences of obligations for
9    borrowed money of the Authority; payments with respect to
10    public transportation facilities made pursuant to
11    subsection (b) of Section 2.20; any payments with respect
12    to rate protection contracts, credit enhancements or
13    liquidity agreements made under Section 4.14; any other
14    cost as to which it is reasonably expected that a cash
15    expenditure will not be made; costs for passenger security
16    including grants, contracts, personnel, equipment and
17    administrative expenses, except in the case of the Chicago
18    Transit Authority, in which case the term does not include
19    costs spent annually by that entity for protection against
20    crime as required by Section 27a of the Metropolitan
21    Transit Authority Act; the costs of Debt Service paid by
22    the Chicago Transit Authority, as defined in Section 12c of
23    the Metropolitan Transit Authority Act, or bonds or notes
24    issued pursuant to that Section; the payment by the
25    Commuter Rail Division of debt service on bonds issued
26    pursuant to Section 3B.09; expenses incurred by the

 

 

SB3027 Engrossed- 40 -LRB100 17347 RJF 32511 b

1    Suburban Bus Division for the cost of new public
2    transportation services funded from grants pursuant to
3    Section 2.01e of this amendatory Act of the 95th General
4    Assembly for a period of 2 years from the date of
5    initiation of each such service; costs as exempted by the
6    Board for projects pursuant to Section 2.09 of this Act;
7    or, beginning with the 2007 fiscal year, expenses related
8    to providing ADA paratransit service pursuant to Section
9    2.30 of the Regional Transportation Authority Act; or in
10    fiscal years 2008 through 2012 inclusive, costs in the
11    amount of $200,000,000 in fiscal year 2008, reducing by
12    $40,000,000 in each fiscal year thereafter until this
13    exemption is eliminated. If said system generated revenues
14    are less than 50% of said costs, the Board shall remit an
15    amount equal to the amount of the deficit to the State. The
16    Treasurer shall deposit any such payment in the Road Fund;
17    and
18        (ii) whether, beginning with the 2007 fiscal year, the
19    aggregate of all fares charged and received for ADA
20    paratransit services equals the system generated ADA
21    paratransit services revenue recovery ratio percentage of
22    the aggregate of all costs of providing such ADA
23    paratransit services.
24    (h) If the Authority makes any payment to the State under
25paragraph (g), the Authority shall reduce the amount provided
26to a Service Board from funds transferred under paragraph (a)

 

 

SB3027 Engrossed- 41 -LRB100 17347 RJF 32511 b

1in proportion to the amount by which that Service Board failed
2to meet its required system generated revenues recovery ratio.
3A Service Board which is affected by a reduction in funds under
4this paragraph shall submit to the Authority concurrently with
5its next due quarterly report a revised budget incorporating
6the reduction in funds. The revised budget must meet the
7criteria specified in clauses (i) through (vi) of Section
84.11(b)(2). The Board shall review and act on the revised
9budget as provided in Section 4.11(b)(3).
10(Source: P.A. 100-23, eff. 7-6-17.)
 
11    Section 30. The Clerks of Courts Act is amended by changing
12Sections 27.5 and 27.6 as follows:
 
13    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
14    Sec. 27.5. (a) All fees, fines, costs, additional
15penalties, bail balances assessed or forfeited, and any other
16amount paid by a person to the circuit clerk that equals an
17amount less than $55, except restitution under Section 5-5-6 of
18the Unified Code of Corrections, reimbursement for the costs of
19an emergency response as provided under Section 11-501 of the
20Illinois Vehicle Code, any fees collected for attending a
21traffic safety program under paragraph (c) of Supreme Court
22Rule 529, any fee collected on behalf of a State's Attorney
23under Section 4-2002 of the Counties Code or a sheriff under
24Section 4-5001 of the Counties Code, or any cost imposed under

 

 

SB3027 Engrossed- 42 -LRB100 17347 RJF 32511 b

1Section 124A-5 of the Code of Criminal Procedure of 1963, for
2convictions, orders of supervision, or any other disposition
3for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
4Vehicle Code, or a similar provision of a local ordinance, and
5any violation of the Child Passenger Protection Act, or a
6similar provision of a local ordinance, and except as otherwise
7provided in this Section, shall be disbursed within 60 days
8after receipt by the circuit clerk as follows: 47% shall be
9disbursed to the entity authorized by law to receive the fine
10imposed in the case; 12% shall be disbursed to the State
11Treasurer; and 41% shall be disbursed to the county's general
12corporate fund. Of the 12% disbursed to the State Treasurer,
131/6 shall be deposited by the State Treasurer into the Violent
14Crime Victims Assistance Fund, 1/2 shall be deposited into the
15Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
16be deposited into the Drivers Education Fund. For fiscal years
171992 and 1993, amounts deposited into the Violent Crime Victims
18Assistance Fund, the Traffic and Criminal Conviction Surcharge
19Fund, or the Drivers Education Fund shall not exceed 110% of
20the amounts deposited into those funds in fiscal year 1991. Any
21amount that exceeds the 110% limit shall be distributed as
22follows: 50% shall be disbursed to the county's general
23corporate fund and 50% shall be disbursed to the entity
24authorized by law to receive the fine imposed in the case. Not
25later than March 1 of each year the circuit clerk shall submit
26a report of the amount of funds remitted to the State Treasurer

 

 

SB3027 Engrossed- 43 -LRB100 17347 RJF 32511 b

1under this Section during the preceding year based upon
2independent verification of fines and fees. All counties shall
3be subject to this Section, except that counties with a
4population under 2,000,000 may, by ordinance, elect not to be
5subject to this Section. For offenses subject to this Section,
6judges shall impose one total sum of money payable for
7violations. The circuit clerk may add on no additional amounts
8except for amounts that are required by Sections 27.3a and
927.3c of this Act, Section 16-104c of the Illinois Vehicle
10Code, and subsection (a) of Section 5-1101 of the Counties
11Code, unless those amounts are specifically waived by the
12judge. With respect to money collected by the circuit clerk as
13a result of forfeiture of bail, ex parte judgment or guilty
14plea pursuant to Supreme Court Rule 529, the circuit clerk
15shall first deduct and pay amounts required by Sections 27.3a
16and 27.3c of this Act. Unless a court ordered payment schedule
17is implemented or fee requirements are waived pursuant to a
18court order, the circuit clerk may add to any unpaid fees and
19costs a delinquency amount equal to 5% of the unpaid fees that
20remain unpaid after 30 days, 10% of the unpaid fees that remain
21unpaid after 60 days, and 15% of the unpaid fees that remain
22unpaid after 90 days. Notice to those parties may be made by
23signage posting or publication. The additional delinquency
24amounts collected under this Section shall be deposited in the
25Circuit Court Clerk Operation and Administrative Fund to be
26used to defray administrative costs incurred by the circuit

 

 

SB3027 Engrossed- 44 -LRB100 17347 RJF 32511 b

1clerk in performing the duties required to collect and disburse
2funds. This Section is a denial and limitation of home rule
3powers and functions under subsection (h) of Section 6 of
4Article VII of the Illinois Constitution.
5    (b) The following amounts must be remitted to the State
6Treasurer for deposit into the Illinois Animal Abuse Fund:
7        (1) 50% of the amounts collected for felony offenses
8    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
9    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
10    Animals Act and Section 26-5 or 48-1 of the Criminal Code
11    of 1961 or the Criminal Code of 2012;
12        (2) 20% of the amounts collected for Class A and Class
13    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
14    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
15    for Animals Act and Section 26-5 or 48-1 of the Criminal
16    Code of 1961 or the Criminal Code of 2012; and
17        (3) 50% of the amounts collected for Class C
18    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
19    for Animals Act and Section 26-5 or 48-1 of the Criminal
20    Code of 1961 or the Criminal Code of 2012.
21    (c) Any person who receives a disposition of court
22supervision for a violation of the Illinois Vehicle Code or a
23similar provision of a local ordinance shall, in addition to
24any other fines, fees, and court costs, pay an additional fee
25of $29, to be disbursed as provided in Section 16-104c of the
26Illinois Vehicle Code. In addition to the fee of $29, the

 

 

SB3027 Engrossed- 45 -LRB100 17347 RJF 32511 b

1person shall also pay a fee of $6, if not waived by the court.
2If this $6 fee is collected, $5.50 of the fee shall be
3deposited into the Circuit Court Clerk Operation and
4Administrative Fund created by the Clerk of the Circuit Court
5and 50 cents of the fee shall be deposited into the Prisoner
6Review Board Vehicle and Equipment Fund in the State treasury.
7    (d) Any person convicted of, pleading guilty to, or placed
8on supervision for a serious traffic violation, as defined in
9Section 1-187.001 of the Illinois Vehicle Code, a violation of
10Section 11-501 of the Illinois Vehicle Code, or a violation of
11a similar provision of a local ordinance shall pay an
12additional fee of $35, to be disbursed as provided in Section
1316-104d of that Code.
14    This subsection (d) becomes inoperative on January 1, 2020.
15    (e) In all counties having a population of 3,000,000 or
16more inhabitants:
17        (1) A person who is found guilty of or pleads guilty to
18    violating subsection (a) of Section 11-501 of the Illinois
19    Vehicle Code, including any person placed on court
20    supervision for violating subsection (a), shall be fined
21    $750 as provided for by subsection (f) of Section 11-501.01
22    of the Illinois Vehicle Code, payable to the circuit clerk,
23    who shall distribute the money pursuant to subsection (f)
24    of Section 11-501.01 of the Illinois Vehicle Code.
25        (2) When a crime laboratory DUI analysis fee of $150,
26    provided for by Section 5-9-1.9 of the Unified Code of

 

 

SB3027 Engrossed- 46 -LRB100 17347 RJF 32511 b

1    Corrections is assessed, it shall be disbursed by the
2    circuit clerk as provided by subsection (f) of Section
3    5-9-1.9 of the Unified Code of Corrections.
4        (3) When a fine for a violation of subsection (a) of
5    Section 11-605 of the Illinois Vehicle Code is $150 or
6    greater, the additional $50 which is charged as provided
7    for by subsection (f) of Section 11-605 of the Illinois
8    Vehicle Code shall be disbursed by the circuit clerk to a
9    school district or districts for school safety purposes as
10    provided by subsection (f) of Section 11-605.
11        (4) When a fine for a violation of subsection (a) of
12    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
13    greater, the additional $50 which is charged as provided
14    for by subsection (c) of Section 11-1002.5 of the Illinois
15    Vehicle Code shall be disbursed by the circuit clerk to a
16    school district or districts for school safety purposes as
17    provided by subsection (c) of Section 11-1002.5 of the
18    Illinois Vehicle Code.
19        (5) When a mandatory drug court fee of up to $5 is
20    assessed as provided in subsection (f) of Section 5-1101 of
21    the Counties Code, it shall be disbursed by the circuit
22    clerk as provided in subsection (f) of Section 5-1101 of
23    the Counties Code.
24        (6) When a mandatory teen court, peer jury, youth
25    court, or other youth diversion program fee is assessed as
26    provided in subsection (e) of Section 5-1101 of the

 

 

SB3027 Engrossed- 47 -LRB100 17347 RJF 32511 b

1    Counties Code, it shall be disbursed by the circuit clerk
2    as provided in subsection (e) of Section 5-1101 of the
3    Counties Code.
4        (7) When a Children's Advocacy Center fee is assessed
5    pursuant to subsection (f-5) of Section 5-1101 of the
6    Counties Code, it shall be disbursed by the circuit clerk
7    as provided in subsection (f-5) of Section 5-1101 of the
8    Counties Code.
9        (8) When a victim impact panel fee is assessed pursuant
10    to subsection (b) of Section 11-501.01 of the Illinois
11    Vehicle Code, it shall be disbursed by the circuit clerk to
12    the victim impact panel to be attended by the defendant.
13        (9) When a new fee collected in traffic cases is
14    enacted after January 1, 2010 (the effective date of Public
15    Act 96-735), it shall be excluded from the percentage
16    disbursement provisions of this Section unless otherwise
17    indicated by law.
18    (f) Any person who receives a disposition of court
19supervision for a violation of Section 11-501 of the Illinois
20Vehicle Code shall, in addition to any other fines, fees, and
21court costs, pay an additional fee of $50, which shall be
22collected by the circuit clerk and then remitted to the State
23Treasurer for deposit into the Roadside Memorial Fund, a
24special fund in the State treasury. However, the court may
25waive the fee if full restitution is complied with. Subject to
26appropriation, all moneys in the Roadside Memorial Fund shall

 

 

SB3027 Engrossed- 48 -LRB100 17347 RJF 32511 b

1be used by the Department of Veterans' Affairs Transportation
2to pay for the cartage and erection of veterans' headstones
3fees imposed under subsection (f) of Section 20 of the Roadside
4Memorial Act. The fee shall be remitted by the circuit clerk
5within one month after receipt to the State Treasurer for
6deposit into the Roadside Memorial Fund.
7    (g) For any conviction or disposition of court supervision
8for a violation of Section 11-1429 of the Illinois Vehicle
9Code, the circuit clerk shall distribute the fines paid by the
10person as specified by subsection (h) of Section 11-1429 of the
11Illinois Vehicle Code.
12(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
1397-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
 
14    (705 ILCS 105/27.6)
15    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1696-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1798-658, 98-1013, 99-78, and 99-455)
18    Sec. 27.6. (a) All fees, fines, costs, additional
19penalties, bail balances assessed or forfeited, and any other
20amount paid by a person to the circuit clerk equalling an
21amount of $55 or more, except the fine imposed by Section
225-9-1.15 of the Unified Code of Corrections, the additional fee
23required by subsections (b) and (c), restitution under Section
245-5-6 of the Unified Code of Corrections, contributions to a
25local anti-crime program ordered pursuant to Section

 

 

SB3027 Engrossed- 49 -LRB100 17347 RJF 32511 b

15-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
2Corrections, reimbursement for the costs of an emergency
3response as provided under Section 11-501 of the Illinois
4Vehicle Code, any fees collected for attending a traffic safety
5program under paragraph (c) of Supreme Court Rule 529, any fee
6collected on behalf of a State's Attorney under Section 4-2002
7of the Counties Code or a sheriff under Section 4-5001 of the
8Counties Code, or any cost imposed under Section 124A-5 of the
9Code of Criminal Procedure of 1963, for convictions, orders of
10supervision, or any other disposition for a violation of
11Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
12similar provision of a local ordinance, and any violation of
13the Child Passenger Protection Act, or a similar provision of a
14local ordinance, and except as otherwise provided in this
15Section shall be disbursed within 60 days after receipt by the
16circuit clerk as follows: 44.5% shall be disbursed to the
17entity authorized by law to receive the fine imposed in the
18case; 16.825% shall be disbursed to the State Treasurer; and
1938.675% shall be disbursed to the county's general corporate
20fund. Of the 16.825% disbursed to the State Treasurer, 2/17
21shall be deposited by the State Treasurer into the Violent
22Crime Victims Assistance Fund, 5.052/17 shall be deposited into
23the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
24be deposited into the Drivers Education Fund, and 6.948/17
25shall be deposited into the Trauma Center Fund. Of the 6.948/17
26deposited into the Trauma Center Fund from the 16.825%

 

 

SB3027 Engrossed- 50 -LRB100 17347 RJF 32511 b

1disbursed to the State Treasurer, 50% shall be disbursed to the
2Department of Public Health and 50% shall be disbursed to the
3Department of Healthcare and Family Services. For fiscal year
41993, amounts deposited into the Violent Crime Victims
5Assistance Fund, the Traffic and Criminal Conviction Surcharge
6Fund, or the Drivers Education Fund shall not exceed 110% of
7the amounts deposited into those funds in fiscal year 1991. Any
8amount that exceeds the 110% limit shall be distributed as
9follows: 50% shall be disbursed to the county's general
10corporate fund and 50% shall be disbursed to the entity
11authorized by law to receive the fine imposed in the case. Not
12later than March 1 of each year the circuit clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this Section during the preceding year based upon
15independent verification of fines and fees. All counties shall
16be subject to this Section, except that counties with a
17population under 2,000,000 may, by ordinance, elect not to be
18subject to this Section. For offenses subject to this Section,
19judges shall impose one total sum of money payable for
20violations. The circuit clerk may add on no additional amounts
21except for amounts that are required by Sections 27.3a and
2227.3c of this Act, unless those amounts are specifically waived
23by the judge. With respect to money collected by the circuit
24clerk as a result of forfeiture of bail, ex parte judgment or
25guilty plea pursuant to Supreme Court Rule 529, the circuit
26clerk shall first deduct and pay amounts required by Sections

 

 

SB3027 Engrossed- 51 -LRB100 17347 RJF 32511 b

127.3a and 27.3c of this Act. This Section is a denial and
2limitation of home rule powers and functions under subsection
3(h) of Section 6 of Article VII of the Illinois Constitution.
4    (b) In addition to any other fines and court costs assessed
5by the courts, any person convicted or receiving an order of
6supervision for driving under the influence of alcohol or drugs
7shall pay an additional fee of $100 to the clerk of the circuit
8court. This amount, less 2 1/2% that shall be used to defray
9administrative costs incurred by the clerk, shall be remitted
10by the clerk to the Treasurer within 60 days after receipt for
11deposit into the Trauma Center Fund. This additional fee of
12$100 shall not be considered a part of the fine for purposes of
13any reduction in the fine for time served either before or
14after sentencing. Not later than March 1 of each year the
15Circuit Clerk shall submit a report of the amount of funds
16remitted to the State Treasurer under this subsection during
17the preceding calendar year.
18    (b-1) In addition to any other fines and court costs
19assessed by the courts, any person convicted or receiving an
20order of supervision for driving under the influence of alcohol
21or drugs shall pay an additional fee of $5 to the clerk of the
22circuit court. This amount, less 2 1/2% that shall be used to
23defray administrative costs incurred by the clerk, shall be
24remitted by the clerk to the Treasurer within 60 days after
25receipt for deposit into the Spinal Cord Injury Paralysis Cure
26Research Trust Fund. This additional fee of $5 shall not be

 

 

SB3027 Engrossed- 52 -LRB100 17347 RJF 32511 b

1considered a part of the fine for purposes of any reduction in
2the fine for time served either before or after sentencing. Not
3later than March 1 of each year the Circuit Clerk shall submit
4a report of the amount of funds remitted to the State Treasurer
5under this subsection during the preceding calendar year.
6    (c) In addition to any other fines and court costs assessed
7by the courts, any person convicted for a violation of Sections
824-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
9Criminal Code of 2012 or a person sentenced for a violation of
10the Cannabis Control Act, the Illinois Controlled Substances
11Act, or the Methamphetamine Control and Community Protection
12Act shall pay an additional fee of $100 to the clerk of the
13circuit court. This amount, less 2 1/2% that shall be used to
14defray administrative costs incurred by the clerk, shall be
15remitted by the clerk to the Treasurer within 60 days after
16receipt for deposit into the Trauma Center Fund. This
17additional fee of $100 shall not be considered a part of the
18fine for purposes of any reduction in the fine for time served
19either before or after sentencing. Not later than March 1 of
20each year the Circuit Clerk shall submit a report of the amount
21of funds remitted to the State Treasurer under this subsection
22during the preceding calendar year.
23    (c-1) In addition to any other fines and court costs
24assessed by the courts, any person sentenced for a violation of
25the Cannabis Control Act, the Illinois Controlled Substances
26Act, or the Methamphetamine Control and Community Protection

 

 

SB3027 Engrossed- 53 -LRB100 17347 RJF 32511 b

1Act shall pay an additional fee of $5 to the clerk of the
2circuit court. This amount, less 2 1/2% that shall be used to
3defray administrative costs incurred by the clerk, shall be
4remitted by the clerk to the Treasurer within 60 days after
5receipt for deposit into the Spinal Cord Injury Paralysis Cure
6Research Trust Fund. This additional fee of $5 shall not be
7considered a part of the fine for purposes of any reduction in
8the fine for time served either before or after sentencing. Not
9later than March 1 of each year the Circuit Clerk shall submit
10a report of the amount of funds remitted to the State Treasurer
11under this subsection during the preceding calendar year.
12    (d) The following amounts must be remitted to the State
13Treasurer for deposit into the Illinois Animal Abuse Fund:
14        (1) 50% of the amounts collected for felony offenses
15    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
16    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
17    Animals Act and Section 26-5 or 48-1 of the Criminal Code
18    of 1961 or the Criminal Code of 2012;
19        (2) 20% of the amounts collected for Class A and Class
20    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
21    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
22    for Animals Act and Section 26-5 or 48-1 of the Criminal
23    Code of 1961 or the Criminal Code of 2012; and
24        (3) 50% of the amounts collected for Class C
25    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
26    for Animals Act and Section 26-5 or 48-1 of the Criminal

 

 

SB3027 Engrossed- 54 -LRB100 17347 RJF 32511 b

1    Code of 1961 or the Criminal Code of 2012.
2    (e) Any person who receives a disposition of court
3supervision for a violation of the Illinois Vehicle Code or a
4similar provision of a local ordinance shall, in addition to
5any other fines, fees, and court costs, pay an additional fee
6of $29, to be disbursed as provided in Section 16-104c of the
7Illinois Vehicle Code. In addition to the fee of $29, the
8person shall also pay a fee of $6, if not waived by the court.
9If this $6 fee is collected, $5.50 of the fee shall be
10deposited into the Circuit Court Clerk Operation and
11Administrative Fund created by the Clerk of the Circuit Court
12and 50 cents of the fee shall be deposited into the Prisoner
13Review Board Vehicle and Equipment Fund in the State treasury.
14    (f) This Section does not apply to the additional child
15pornography fines assessed and collected under Section
165-9-1.14 of the Unified Code of Corrections.
17    (g) (Blank).
18    (h) (Blank).
19    (i) Of the amounts collected as fines under subsection (b)
20of Section 3-712 of the Illinois Vehicle Code, 99% shall be
21deposited into the Illinois Military Family Relief Fund and 1%
22shall be deposited into the Circuit Court Clerk Operation and
23Administrative Fund created by the Clerk of the Circuit Court
24to be used to offset the costs incurred by the Circuit Court
25Clerk in performing the additional duties required to collect
26and disburse funds to entities of State and local government as

 

 

SB3027 Engrossed- 55 -LRB100 17347 RJF 32511 b

1provided by law.
2    (j) Any person convicted of, pleading guilty to, or placed
3on supervision for a serious traffic violation, as defined in
4Section 1-187.001 of the Illinois Vehicle Code, a violation of
5Section 11-501 of the Illinois Vehicle Code, or a violation of
6a similar provision of a local ordinance shall pay an
7additional fee of $35, to be disbursed as provided in Section
816-104d of that Code.
9    This subsection (j) becomes inoperative on January 1, 2020.
10    (k) For any conviction or disposition of court supervision
11for a violation of Section 11-1429 of the Illinois Vehicle
12Code, the circuit clerk shall distribute the fines paid by the
13person as specified by subsection (h) of Section 11-1429 of the
14Illinois Vehicle Code.
15    (l) Any person who receives a disposition of court
16supervision for a violation of Section 11-501 of the Illinois
17Vehicle Code or a similar provision of a local ordinance shall,
18in addition to any other fines, fees, and court costs, pay an
19additional fee of $50, which shall be collected by the circuit
20clerk and then remitted to the State Treasurer for deposit into
21the Roadside Memorial Fund, a special fund in the State
22treasury. However, the court may waive the fee if full
23restitution is complied with. Subject to appropriation, all
24moneys in the Roadside Memorial Fund shall be used by the
25Department of Veterans' Affairs Transportation to pay for the
26cartage and erection of veterans' headstones fees imposed under

 

 

SB3027 Engrossed- 56 -LRB100 17347 RJF 32511 b

1subsection (f) of Section 20 of the Roadside Memorial Act. The
2fee shall be remitted by the circuit clerk within one month
3after receipt to the State Treasurer for deposit into the
4Roadside Memorial Fund.
5    (m) Of the amounts collected as fines under subsection (c)
6of Section 411.4 of the Illinois Controlled Substances Act or
7subsection (c) of Section 90 of the Methamphetamine Control and
8Community Protection Act, 99% shall be deposited to the law
9enforcement agency or fund specified and 1% shall be deposited
10into the Circuit Court Clerk Operation and Administrative Fund
11to be used to offset the costs incurred by the Circuit Court
12Clerk in performing the additional duties required to collect
13and disburse funds to entities of State and local government as
14provided by law.
15    (n) In addition to any other fines and court costs assessed
16by the courts, any person who is convicted of or pleads guilty
17to a violation of the Criminal Code of 1961 or the Criminal
18Code of 2012, or a similar provision of a local ordinance, or
19who is convicted of, pleads guilty to, or receives a
20disposition of court supervision for a violation of the
21Illinois Vehicle Code, or a similar provision of a local
22ordinance, shall pay an additional fee of $15 to the clerk of
23the circuit court. This additional fee of $15 shall not be
24considered a part of the fine for purposes of any reduction in
25the fine for time served either before or after sentencing.
26This amount, less 2.5% that shall be used to defray

 

 

SB3027 Engrossed- 57 -LRB100 17347 RJF 32511 b

1administrative costs incurred by the clerk, shall be remitted
2by the clerk to the State Treasurer within 60 days after
3receipt for deposit into the State Police Merit Board Public
4Safety Fund.
5    (o) The amounts collected as fines under Sections 10-9,
611-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
7be collected by the circuit clerk and distributed as provided
8under Section 5-9-1.21 of the Unified Code of Corrections in
9lieu of any disbursement under subsection (a) of this Section.
10    (p) In addition to any other fees and penalties imposed,
11any person who is convicted of or pleads guilty to a violation
12of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
13shall pay an additional fee of $250 to the clerk of the circuit
14court. This additional fee of $250 shall not be considered a
15part of the fine for purposes of any reduction in the fine for
16time served either before or after sentencing. This amount,
17less 2.5% that shall be used to defray administrative costs
18incurred by the clerk, shall be remitted by the clerk to the
19Department of Insurance within 60 days after receipt for
20deposit into the George Bailey Memorial Fund.
21(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
2299-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
23    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
2496-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
2598-658, 98-1013, 99-78, and 99-455)

 

 

SB3027 Engrossed- 58 -LRB100 17347 RJF 32511 b

1    Sec. 27.6. (a) All fees, fines, costs, additional
2penalties, bail balances assessed or forfeited, and any other
3amount paid by a person to the circuit clerk equalling an
4amount of $55 or more, except the fine imposed by Section
55-9-1.15 of the Unified Code of Corrections, the additional fee
6required by subsections (b) and (c), restitution under Section
75-5-6 of the Unified Code of Corrections, contributions to a
8local anti-crime program ordered pursuant to Section
95-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
10Corrections, reimbursement for the costs of an emergency
11response as provided under Section 11-501 of the Illinois
12Vehicle Code, any fees collected for attending a traffic safety
13program under paragraph (c) of Supreme Court Rule 529, any fee
14collected on behalf of a State's Attorney under Section 4-2002
15of the Counties Code or a sheriff under Section 4-5001 of the
16Counties Code, or any cost imposed under Section 124A-5 of the
17Code of Criminal Procedure of 1963, for convictions, orders of
18supervision, or any other disposition for a violation of
19Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
20similar provision of a local ordinance, and any violation of
21the Child Passenger Protection Act, or a similar provision of a
22local ordinance, and except as otherwise provided in this
23Section shall be disbursed within 60 days after receipt by the
24circuit clerk as follows: 44.5% shall be disbursed to the
25entity authorized by law to receive the fine imposed in the
26case; 16.825% shall be disbursed to the State Treasurer; and

 

 

SB3027 Engrossed- 59 -LRB100 17347 RJF 32511 b

138.675% shall be disbursed to the county's general corporate
2fund. Of the 16.825% disbursed to the State Treasurer, 2/17
3shall be deposited by the State Treasurer into the Violent
4Crime Victims Assistance Fund, 5.052/17 shall be deposited into
5the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
6be deposited into the Drivers Education Fund, and 6.948/17
7shall be deposited into the Trauma Center Fund. Of the 6.948/17
8deposited into the Trauma Center Fund from the 16.825%
9disbursed to the State Treasurer, 50% shall be disbursed to the
10Department of Public Health and 50% shall be disbursed to the
11Department of Healthcare and Family Services. For fiscal year
121993, amounts deposited into the Violent Crime Victims
13Assistance Fund, the Traffic and Criminal Conviction Surcharge
14Fund, or the Drivers Education Fund shall not exceed 110% of
15the amounts deposited into those funds in fiscal year 1991. Any
16amount that exceeds the 110% limit shall be distributed as
17follows: 50% shall be disbursed to the county's general
18corporate fund and 50% shall be disbursed to the entity
19authorized by law to receive the fine imposed in the case. Not
20later than March 1 of each year the circuit clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this Section during the preceding year based upon
23independent verification of fines and fees. All counties shall
24be subject to this Section, except that counties with a
25population under 2,000,000 may, by ordinance, elect not to be
26subject to this Section. For offenses subject to this Section,

 

 

SB3027 Engrossed- 60 -LRB100 17347 RJF 32511 b

1judges shall impose one total sum of money payable for
2violations. The circuit clerk may add on no additional amounts
3except for amounts that are required by Sections 27.3a and
427.3c of this Act, Section 16-104c of the Illinois Vehicle
5Code, and subsection (a) of Section 5-1101 of the Counties
6Code, unless those amounts are specifically waived by the
7judge. With respect to money collected by the circuit clerk as
8a result of forfeiture of bail, ex parte judgment or guilty
9plea pursuant to Supreme Court Rule 529, the circuit clerk
10shall first deduct and pay amounts required by Sections 27.3a
11and 27.3c of this Act. Unless a court ordered payment schedule
12is implemented or fee requirements are waived pursuant to court
13order, the clerk of the court may add to any unpaid fees and
14costs a delinquency amount equal to 5% of the unpaid fees that
15remain unpaid after 30 days, 10% of the unpaid fees that remain
16unpaid after 60 days, and 15% of the unpaid fees that remain
17unpaid after 90 days. Notice to those parties may be made by
18signage posting or publication. The additional delinquency
19amounts collected under this Section shall be deposited in the
20Circuit Court Clerk Operation and Administrative Fund to be
21used to defray administrative costs incurred by the circuit
22clerk in performing the duties required to collect and disburse
23funds. This Section is a denial and limitation of home rule
24powers and functions under subsection (h) of Section 6 of
25Article VII of the Illinois Constitution.
26    (b) In addition to any other fines and court costs assessed

 

 

SB3027 Engrossed- 61 -LRB100 17347 RJF 32511 b

1by the courts, any person convicted or receiving an order of
2supervision for driving under the influence of alcohol or drugs
3shall pay an additional fee of $100 to the clerk of the circuit
4court. This amount, less 2 1/2% that shall be used to defray
5administrative costs incurred by the clerk, shall be remitted
6by the clerk to the Treasurer within 60 days after receipt for
7deposit into the Trauma Center Fund. This additional fee of
8$100 shall not be considered a part of the fine for purposes of
9any reduction in the fine for time served either before or
10after sentencing. Not later than March 1 of each year the
11Circuit Clerk shall submit a report of the amount of funds
12remitted to the State Treasurer under this subsection during
13the preceding calendar year.
14    (b-1) In addition to any other fines and court costs
15assessed by the courts, any person convicted or receiving an
16order of supervision for driving under the influence of alcohol
17or drugs shall pay an additional fee of $5 to the clerk of the
18circuit court. This amount, less 2 1/2% that shall be used to
19defray administrative costs incurred by the clerk, shall be
20remitted by the clerk to the Treasurer within 60 days after
21receipt for deposit into the Spinal Cord Injury Paralysis Cure
22Research Trust Fund. This additional fee of $5 shall not be
23considered a part of the fine for purposes of any reduction in
24the fine for time served either before or after sentencing. Not
25later than March 1 of each year the Circuit Clerk shall submit
26a report of the amount of funds remitted to the State Treasurer

 

 

SB3027 Engrossed- 62 -LRB100 17347 RJF 32511 b

1under this subsection during the preceding calendar year.
2    (c) In addition to any other fines and court costs assessed
3by the courts, any person convicted for a violation of Sections
424-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
5Criminal Code of 2012 or a person sentenced for a violation of
6the Cannabis Control Act, the Illinois Controlled Substances
7Act, or the Methamphetamine Control and Community Protection
8Act shall pay an additional fee of $100 to the clerk of the
9circuit court. This amount, less 2 1/2% that shall be used to
10defray administrative costs incurred by the clerk, shall be
11remitted by the clerk to the Treasurer within 60 days after
12receipt for deposit into the Trauma Center Fund. This
13additional fee of $100 shall not be considered a part of the
14fine for purposes of any reduction in the fine for time served
15either before or after sentencing. Not later than March 1 of
16each year the Circuit Clerk shall submit a report of the amount
17of funds remitted to the State Treasurer under this subsection
18during the preceding calendar year.
19    (c-1) In addition to any other fines and court costs
20assessed by the courts, any person sentenced for a violation of
21the Cannabis Control Act, the Illinois Controlled Substances
22Act, or the Methamphetamine Control and Community Protection
23Act shall pay an additional fee of $5 to the clerk of the
24circuit court. This amount, less 2 1/2% that shall be used to
25defray administrative costs incurred by the clerk, shall be
26remitted by the clerk to the Treasurer within 60 days after

 

 

SB3027 Engrossed- 63 -LRB100 17347 RJF 32511 b

1receipt for deposit into the Spinal Cord Injury Paralysis Cure
2Research Trust Fund. This additional fee of $5 shall not be
3considered a part of the fine for purposes of any reduction in
4the fine for time served either before or after sentencing. Not
5later than March 1 of each year the Circuit Clerk shall submit
6a report of the amount of funds remitted to the State Treasurer
7under this subsection during the preceding calendar year.
8    (d) The following amounts must be remitted to the State
9Treasurer for deposit into the Illinois Animal Abuse Fund:
10        (1) 50% of the amounts collected for felony offenses
11    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
12    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
13    Animals Act and Section 26-5 or 48-1 of the Criminal Code
14    of 1961 or the Criminal Code of 2012;
15        (2) 20% of the amounts collected for Class A and Class
16    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
17    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
18    for Animals Act and Section 26-5 or 48-1 of the Criminal
19    Code of 1961 or the Criminal Code of 2012; and
20        (3) 50% of the amounts collected for Class C
21    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
22    for Animals Act and Section 26-5 or 48-1 of the Criminal
23    Code of 1961 or the Criminal Code of 2012.
24    (e) Any person who receives a disposition of court
25supervision for a violation of the Illinois Vehicle Code or a
26similar provision of a local ordinance shall, in addition to

 

 

SB3027 Engrossed- 64 -LRB100 17347 RJF 32511 b

1any other fines, fees, and court costs, pay an additional fee
2of $29, to be disbursed as provided in Section 16-104c of the
3Illinois Vehicle Code. In addition to the fee of $29, the
4person shall also pay a fee of $6, if not waived by the court.
5If this $6 fee is collected, $5.50 of the fee shall be
6deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court
8and 50 cents of the fee shall be deposited into the Prisoner
9Review Board Vehicle and Equipment Fund in the State treasury.
10    (f) This Section does not apply to the additional child
11pornography fines assessed and collected under Section
125-9-1.14 of the Unified Code of Corrections.
13    (g) Any person convicted of or pleading guilty to a serious
14traffic violation, as defined in Section 1-187.001 of the
15Illinois Vehicle Code, shall pay an additional fee of $35, to
16be disbursed as provided in Section 16-104d of that Code. This
17subsection (g) becomes inoperative on January 1, 2020.
18    (h) In all counties having a population of 3,000,000 or
19more inhabitants,
20        (1) A person who is found guilty of or pleads guilty to
21    violating subsection (a) of Section 11-501 of the Illinois
22    Vehicle Code, including any person placed on court
23    supervision for violating subsection (a), shall be fined
24    $750 as provided for by subsection (f) of Section 11-501.01
25    of the Illinois Vehicle Code, payable to the circuit clerk,
26    who shall distribute the money pursuant to subsection (f)

 

 

SB3027 Engrossed- 65 -LRB100 17347 RJF 32511 b

1    of Section 11-501.01 of the Illinois Vehicle Code.
2        (2) When a crime laboratory DUI analysis fee of $150,
3    provided for by Section 5-9-1.9 of the Unified Code of
4    Corrections is assessed, it shall be disbursed by the
5    circuit clerk as provided by subsection (f) of Section
6    5-9-1.9 of the Unified Code of Corrections.
7        (3) When a fine for a violation of Section 11-605.1 of
8    the Illinois Vehicle Code is $250 or greater, the person
9    who violated that Section shall be charged an additional
10    $125 as provided for by subsection (e) of Section 11-605.1
11    of the Illinois Vehicle Code, which shall be disbursed by
12    the circuit clerk to a State or county Transportation
13    Safety Highway Hire-back Fund as provided by subsection (e)
14    of Section 11-605.1 of the Illinois Vehicle Code.
15        (4) When a fine for a violation of subsection (a) of
16    Section 11-605 of the Illinois Vehicle Code is $150 or
17    greater, the additional $50 which is charged as provided
18    for by subsection (f) of Section 11-605 of the Illinois
19    Vehicle Code shall be disbursed by the circuit clerk to a
20    school district or districts for school safety purposes as
21    provided by subsection (f) of Section 11-605.
22        (5) When a fine for a violation of subsection (a) of
23    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
24    greater, the additional $50 which is charged as provided
25    for by subsection (c) of Section 11-1002.5 of the Illinois
26    Vehicle Code shall be disbursed by the circuit clerk to a

 

 

SB3027 Engrossed- 66 -LRB100 17347 RJF 32511 b

1    school district or districts for school safety purposes as
2    provided by subsection (c) of Section 11-1002.5 of the
3    Illinois Vehicle Code.
4        (6) When a mandatory drug court fee of up to $5 is
5    assessed as provided in subsection (f) of Section 5-1101 of
6    the Counties Code, it shall be disbursed by the circuit
7    clerk as provided in subsection (f) of Section 5-1101 of
8    the Counties Code.
9        (7) When a mandatory teen court, peer jury, youth
10    court, or other youth diversion program fee is assessed as
11    provided in subsection (e) of Section 5-1101 of the
12    Counties Code, it shall be disbursed by the circuit clerk
13    as provided in subsection (e) of Section 5-1101 of the
14    Counties Code.
15        (8) When a Children's Advocacy Center fee is assessed
16    pursuant to subsection (f-5) of Section 5-1101 of the
17    Counties Code, it shall be disbursed by the circuit clerk
18    as provided in subsection (f-5) of Section 5-1101 of the
19    Counties Code.
20        (9) When a victim impact panel fee is assessed pursuant
21    to subsection (b) of Section 11-501.01 of the Vehicle Code,
22    it shall be disbursed by the circuit clerk to the victim
23    impact panel to be attended by the defendant.
24        (10) When a new fee collected in traffic cases is
25    enacted after the effective date of this subsection (h), it
26    shall be excluded from the percentage disbursement

 

 

SB3027 Engrossed- 67 -LRB100 17347 RJF 32511 b

1    provisions of this Section unless otherwise indicated by
2    law.
3    (i) Of the amounts collected as fines under subsection (b)
4of Section 3-712 of the Illinois Vehicle Code, 99% shall be
5deposited into the Illinois Military Family Relief Fund and 1%
6shall be deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court
8to be used to offset the costs incurred by the Circuit Court
9Clerk in performing the additional duties required to collect
10and disburse funds to entities of State and local government as
11provided by law.
12    (j) (Blank).
13    (k) For any conviction or disposition of court supervision
14for a violation of Section 11-1429 of the Illinois Vehicle
15Code, the circuit clerk shall distribute the fines paid by the
16person as specified by subsection (h) of Section 11-1429 of the
17Illinois Vehicle Code.
18    (l) Any person who receives a disposition of court
19supervision for a violation of Section 11-501 of the Illinois
20Vehicle Code or a similar provision of a local ordinance shall,
21in addition to any other fines, fees, and court costs, pay an
22additional fee of $50, which shall be collected by the circuit
23clerk and then remitted to the State Treasurer for deposit into
24the Roadside Memorial Fund, a special fund in the State
25treasury. However, the court may waive the fee if full
26restitution is complied with. Subject to appropriation, all

 

 

SB3027 Engrossed- 68 -LRB100 17347 RJF 32511 b

1moneys in the Roadside Memorial Fund shall be used by the
2Department of Veterans' Affairs Transportation to pay for the
3cartage and erection of veterans' headstones fees imposed under
4subsection (f) of Section 20 of the Roadside Memorial Act. The
5fee shall be remitted by the circuit clerk within one month
6after receipt to the State Treasurer for deposit into the
7Roadside Memorial Fund.
8    (m) Of the amounts collected as fines under subsection (c)
9of Section 411.4 of the Illinois Controlled Substances Act or
10subsection (c) of Section 90 of the Methamphetamine Control and
11Community Protection Act, 99% shall be deposited to the law
12enforcement agency or fund specified and 1% shall be deposited
13into the Circuit Court Clerk Operation and Administrative Fund
14to be used to offset the costs incurred by the Circuit Court
15Clerk in performing the additional duties required to collect
16and disburse funds to entities of State and local government as
17provided by law.
18    (n) In addition to any other fines and court costs assessed
19by the courts, any person who is convicted of or pleads guilty
20to a violation of the Criminal Code of 1961 or the Criminal
21Code of 2012, or a similar provision of a local ordinance, or
22who is convicted of, pleads guilty to, or receives a
23disposition of court supervision for a violation of the
24Illinois Vehicle Code, or a similar provision of a local
25ordinance, shall pay an additional fee of $15 to the clerk of
26the circuit court. This additional fee of $15 shall not be

 

 

SB3027 Engrossed- 69 -LRB100 17347 RJF 32511 b

1considered a part of the fine for purposes of any reduction in
2the fine for time served either before or after sentencing.
3This amount, less 2.5% that shall be used to defray
4administrative costs incurred by the clerk, shall be remitted
5by the clerk to the State Treasurer within 60 days after
6receipt for deposit into the State Police Merit Board Public
7Safety Fund.
8    (o) The amounts collected as fines under Sections 10-9,
911-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
10be collected by the circuit clerk and distributed as provided
11under Section 5-9-1.21 of the Unified Code of Corrections in
12lieu of any disbursement under subsection (a) of this Section.
13    (p) In addition to any other fees and penalties imposed,
14any person who is convicted of or pleads guilty to a violation
15of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
16shall pay an additional fee of $250 to the clerk of the circuit
17court. This additional fee of $250 shall not be considered a
18part of the fine for purposes of any reduction in the fine for
19time served either before or after sentencing. This amount,
20less 2.5% that shall be used to defray administrative costs
21incurred by the clerk, shall be remitted by the clerk to the
22Department of Insurance within 60 days after receipt for
23deposit into the George Bailey Memorial Fund.
24(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
2599-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 

 

 

SB3027 Engrossed- 70 -LRB100 17347 RJF 32511 b

1    Section 35. The Unified Code of Corrections is amended by
2changing Section 5-9-1.18 as follows:
 
3    (730 ILCS 5/5-9-1.18)
4    Sec. 5-9-1.18. Fee; Roadside Memorial Fund. A person who is
5convicted or receives a disposition of court supervision for a
6violation of Section 11-501 of the Illinois Vehicle Code shall,
7in addition to any other disposition, penalty, or fine imposed,
8pay a fee of $50 which shall be collected by the clerk of the
9court and then remitted to the State Treasurer for deposit into
10the Roadside Memorial Fund, a special fund that is created in
11the State treasury. However, the court may waive the fee if
12full restitution is complied with. Subject to appropriation,
13all moneys in the Roadside Memorial Fund shall be used by the
14Department of Veterans' Affairs Transportation to pay for the
15cartage and erection of veterans' headstones fees imposed under
16subsection (f) of Section 20 of the Roadside Memorial Act.
17(Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

SB3027 Engrossed- 71 -LRB100 17347 RJF 32511 b

1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/6z-68
4    30 ILCS 330/13from Ch. 127, par. 663
5    30 ILCS 740/2-2.04from Ch. 111 2/3, par. 662.04
6    30 ILCS 740/2-15from Ch. 111 2/3, par. 675.1
7    35 ILCS 505/8from Ch. 120, par. 424
8    70 ILCS 3615/4.09from Ch. 111 2/3, par. 704.09
9    705 ILCS 105/27.5from Ch. 25, par. 27.5
10    705 ILCS 105/27.6
11    730 ILCS 5/5-9-1.18