Full Text of HB4981 95th General Assembly
HB4981eng 95TH GENERAL ASSEMBLY
|
|
|
HB4981 Engrossed |
|
LRB095 18551 LCT 44637 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The State Finance Act is amended by adding | 5 |
| Section 5.708 and changing Section 8h as follows: | 6 |
| (30 ILCS 105/5.708 new) | 7 |
| Sec. 5.708. The Roadside Memorial Fund. | 8 |
| (30 ILCS 105/8h)
| 9 |
| Sec. 8h. Transfers to General Revenue Fund. | 10 |
| (a) Except as otherwise provided in this Section and | 11 |
| Section 8n of this Act, and
notwithstanding any other
State law | 12 |
| to the contrary, the Governor
may, through June 30, 2007, from | 13 |
| time to time direct the State Treasurer and Comptroller to | 14 |
| transfer
a specified sum from any fund held by the State | 15 |
| Treasurer to the General
Revenue Fund in order to help defray | 16 |
| the State's operating costs for the
fiscal year. The total | 17 |
| transfer under this Section from any fund in any
fiscal year | 18 |
| shall not exceed the lesser of (i) 8% of the revenues to be | 19 |
| deposited
into the fund during that fiscal year or (ii) an | 20 |
| amount that leaves a remaining fund balance of 25% of the July | 21 |
| 1 fund balance of that fiscal year. In fiscal year 2005 only, | 22 |
| prior to calculating the July 1, 2004 final balances, the |
|
|
|
HB4981 Engrossed |
- 2 - |
LRB095 18551 LCT 44637 b |
|
| 1 |
| Governor may calculate and direct the State Treasurer with the | 2 |
| Comptroller to transfer additional amounts determined by | 3 |
| applying the formula authorized in Public Act 93-839 to the | 4 |
| funds balances on July 1, 2003.
No transfer may be made from a | 5 |
| fund under this Section that would have the
effect of reducing | 6 |
| the available balance in the fund to an amount less than
the | 7 |
| amount remaining unexpended and unreserved from the total | 8 |
| appropriation
from that fund estimated to be expended for that | 9 |
| fiscal year. This Section does not apply to any
funds that are | 10 |
| restricted by federal law to a specific use, to any funds in
| 11 |
| the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | 12 |
| Hospital Provider Fund, the Medicaid Provider Relief Fund, the | 13 |
| Teacher Health Insurance Security Fund, the Reviewing Court | 14 |
| Alternative Dispute Resolution Fund, the Voters' Guide Fund, | 15 |
| the Foreign Language Interpreter Fund, the Lawyers' Assistance | 16 |
| Program Fund, the Supreme Court Federal Projects Fund, the | 17 |
| Supreme Court Special State Projects Fund, the Supplemental | 18 |
| Low-Income Energy Assistance Fund, the Good Samaritan Energy | 19 |
| Trust Fund, the Low-Level Radioactive Waste Facility | 20 |
| Development and Operation Fund, the Horse Racing Equity Trust | 21 |
| Fund, the Metabolic Screening and Treatment Fund, or the | 22 |
| Hospital Basic Services Preservation Fund, or to any
funds to | 23 |
| which Section 70-50 of the Nurse Practice Act applies. No | 24 |
| transfers may be made under this Section from the Pet | 25 |
| Population Control Fund. Notwithstanding any
other provision | 26 |
| of this Section, for fiscal year 2004,
the total transfer under |
|
|
|
HB4981 Engrossed |
- 3 - |
LRB095 18551 LCT 44637 b |
|
| 1 |
| this Section from the Road Fund or the State
Construction | 2 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 3 |
| revenues to be deposited
into the fund during that fiscal year | 4 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 5 |
| year 2005 through fiscal year 2007, no amounts may be | 6 |
| transferred under this Section from the Road Fund, the State | 7 |
| Construction Account Fund, the Criminal Justice Information | 8 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 9 |
| Mandatory Arbitration Fund.
| 10 |
| In determining the available balance in a fund, the | 11 |
| Governor
may include receipts, transfers into the fund, and | 12 |
| other
resources anticipated to be available in the fund in that | 13 |
| fiscal year.
| 14 |
| The State Treasurer and Comptroller shall transfer the | 15 |
| amounts designated
under this Section as soon as may be | 16 |
| practicable after receiving the direction
to transfer from the | 17 |
| Governor.
| 18 |
| (a-5) Transfers directed to be made under this Section on | 19 |
| or before February 28, 2006 that are still pending on May 19, | 20 |
| 2006 (the effective date of Public Act 94-774) shall be | 21 |
| redirected as provided in Section 8n of this Act.
| 22 |
| (b) This Section does not apply to: (i) the Ticket For The | 23 |
| Cure Fund; (ii) any fund established under the Community Senior | 24 |
| Services and Resources Act; or (iii) on or after January 1, | 25 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 26 |
| and Day and Temporary Labor Enforcement Fund. |
|
|
|
HB4981 Engrossed |
- 4 - |
LRB095 18551 LCT 44637 b |
|
| 1 |
| (c) This Section does not apply to the Demutualization | 2 |
| Trust Fund established under the Uniform Disposition of | 3 |
| Unclaimed Property Act.
| 4 |
| (d) This Section does not apply to moneys set aside in the | 5 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 6 |
| scholarships and residency programs under the Podiatric | 7 |
| Scholarship and Residency Act. | 8 |
| (e) Subsection (a) does not apply to, and no transfer may | 9 |
| be made under this Section from, the Pension Stabilization | 10 |
| Fund.
| 11 |
| (f) Subsection (a) does not apply to, and no transfer may | 12 |
| be made under this Section from, the Illinois Power Agency | 13 |
| Operations Fund, the Illinois Power Agency Facilities Fund, the | 14 |
| Illinois Power Agency Debt Service Fund, and the Illinois Power | 15 |
| Agency Trust Fund.
| 16 |
| (g)
(f) This Section does not apply to the Veterans Service | 17 |
| Organization Reimbursement Fund.
| 18 |
| (h)
(f) This Section does not apply to the Supreme Court | 19 |
| Historic Preservation Fund.
| 20 |
| (i) This Section does not apply to the Roadside Memorial | 21 |
| Fund. | 22 |
| (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | 23 |
| eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | 24 |
| 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | 25 |
| 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | 26 |
| eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; |
|
|
|
HB4981 Engrossed |
- 5 - |
LRB095 18551 LCT 44637 b |
|
| 1 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | 2 |
| 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | 3 |
| eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
| 4 |
| Section 10. The Roadside Memorial Act is amended by | 5 |
| changing Section 20 as follows: | 6 |
| (605 ILCS 125/20)
| 7 |
| Sec. 20. DUI memorial markers. | 8 |
| (a) A DUI memorial marker shall consist of a white on blue | 9 |
| panel bearing the message "Please Don't Drink and Drive". At | 10 |
| the request of the qualified relative, a separate panel bearing | 11 |
| the words "In Memory of (victim's name)", followed by the date | 12 |
| of the crash that was the proximate cause of the loss of the | 13 |
| victim's life, shall be mounted below the primary panel. | 14 |
| (b) A DUI memorial marker may memorialize more than one | 15 |
| victim who died as a result of the same DUI-related crash. If | 16 |
| one or more additional DUI crash deaths subsequently occur in | 17 |
| close proximity to an existing DUI memorial marker, the | 18 |
| supporting jurisdiction may use the same marker to memorialize | 19 |
| the subsequent death or deaths, by adding the names of the | 20 |
| additional persons. | 21 |
| (c) A DUI memorial marker shall be maintained for at least | 22 |
| 2 years from the date the last person was memorialized on the | 23 |
| marker. | 24 |
| (d) The supporting jurisdiction has the right to install a |
|
|
|
HB4981 Engrossed |
- 6 - |
LRB095 18551 LCT 44637 b |
|
| 1 |
| marker at a location other than the location of the crash or to | 2 |
| relocate a marker due to restricted room, property owner | 3 |
| complaints, interference with essential traffic control | 4 |
| devices, safety concerns, or other restrictions. In such cases, | 5 |
| the sponsoring jurisdiction may select an alternate location. | 6 |
| (e) The Department shall secure the consent of any | 7 |
| municipality before placing a DUI memorial marker within the | 8 |
| corporate limits of the municipality. | 9 |
| (f) A fee in an amount to be determined by the supporting | 10 |
| jurisdiction may be paid in whole or in part from the Roadside | 11 |
| Memorial Fund if moneys are made available by the Department of | 12 |
| Transportation from that Fund or may be charged to the | 13 |
| qualified relative to the extent moneys from that Fund are not | 14 |
| made available . The fee shall not exceed the costs associated | 15 |
| with the fabrication, installation, and maintenance of the DUI | 16 |
| memorial marker.
| 17 |
| (Source: P.A. 95-398, eff. 1-1-08.)
| 18 |
| Section 15. The Unified Code of Corrections is amended by | 19 |
| adding Section 5-9-1.16 as follows: | 20 |
| (730 ILCS 5/5-9-1.16 new)
| 21 |
| Sec. 5-9-1.16. Fee; Roadside Memorial Fund. A person who is | 22 |
| convicted or receives a disposition of court supervision for a | 23 |
| violation of
Section 11-501 of the Illinois Vehicle Code shall, | 24 |
| in addition to any other
disposition, penalty, or fine imposed, |
|
|
|
HB4981 Engrossed |
- 7 - |
LRB095 18551 LCT 44637 b |
|
| 1 |
| pay a fee of
$50 which shall
be collected by the clerk of the | 2 |
| court and then remitted to the State Treasurer for deposit into | 3 |
| the Roadside Memorial Fund, a special fund that is created in | 4 |
| the State treasury. Subject to appropriation, all moneys in the | 5 |
| Roadside Memorial Fund shall be used by the Department of | 6 |
| Transportation to pay fees imposed under subsection (f) of | 7 |
| Section 20 of the Roadside Memorial Act.
|
|