Full Text of HB0881 96th General Assembly
HB0881ham001 96TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/12/2009
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| AMENDMENT TO HOUSE BILL 881
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| AMENDMENT NO. ______. Amend House Bill 881 on page 6, by | 3 |
| inserting below line 21 the following:
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| "Section 13. The Clerks of Courts Act is amended by | 5 |
| changing Sections 27.5 and 27.6 as follows:
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| (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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| Sec. 27.5. (a) All fees, fines, costs, additional | 8 |
| penalties, bail balances
assessed or forfeited, and any other | 9 |
| amount paid by a person to the circuit
clerk that equals an | 10 |
| amount less than $55, except restitution under Section
5-5-6 of | 11 |
| the Unified Code of Corrections, reimbursement for the costs of | 12 |
| an
emergency response as provided under Section 11-501 of the | 13 |
| Illinois Vehicle
Code, any fees collected for attending a | 14 |
| traffic safety program under
paragraph (c) of Supreme Court | 15 |
| Rule 529, any fee collected on behalf of a
State's Attorney | 16 |
| under Section 4-2002 of the Counties Code or a sheriff under
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| Section 4-5001 of the Counties Code, or any cost imposed under | 2 |
| Section 124A-5
of the Code of Criminal Procedure of 1963, for | 3 |
| convictions, orders of
supervision, or any other disposition | 4 |
| for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | 5 |
| Vehicle Code, or a similar provision of a local
ordinance, and | 6 |
| any violation of the Child Passenger Protection Act, or a
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| similar provision of a local ordinance, and except as provided | 8 |
| in subsection
(b) shall be disbursed within 60 days after | 9 |
| receipt by the circuit
clerk as follows: 47% shall be disbursed | 10 |
| to the entity authorized by law to
receive the fine imposed in | 11 |
| the case; 12% shall be disbursed to the State
Treasurer; and | 12 |
| 41% shall be disbursed to the county's general corporate fund.
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| Of the 12% disbursed to the State Treasurer, 1/6 shall be | 14 |
| deposited by the
State Treasurer into the Violent Crime Victims | 15 |
| Assistance Fund, 1/2 shall be
deposited into the Traffic and | 16 |
| Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | 17 |
| into the Drivers Education Fund. For fiscal years 1992 and
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| 1993, amounts deposited into the Violent Crime Victims | 19 |
| Assistance Fund, the
Traffic and Criminal Conviction Surcharge | 20 |
| Fund, or the Drivers Education Fund
shall not exceed 110% of | 21 |
| the amounts deposited into those funds in fiscal year
1991. Any | 22 |
| amount that exceeds the 110% limit shall be distributed as | 23 |
| follows:
50% shall be disbursed to the county's general | 24 |
| corporate fund and 50% shall be
disbursed to the entity | 25 |
| authorized by law to receive the fine imposed in the
case. Not | 26 |
| later than March 1 of each year the circuit clerk
shall submit |
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| a report of the amount of funds remitted to the State
Treasurer | 2 |
| under this Section during the preceding year based upon
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| independent verification of fines and fees. All counties shall | 4 |
| be subject
to this Section, except that counties with a | 5 |
| population under 2,000,000
may, by ordinance, elect not to be | 6 |
| subject to this Section. For offenses
subject to this Section, | 7 |
| judges shall impose one total sum of money payable
for | 8 |
| violations. The circuit clerk may add on no additional amounts | 9 |
| except
for amounts that are required by Sections 27.3a and | 10 |
| 27.3c of
this Act, unless those amounts are specifically waived | 11 |
| by the judge. With
respect to money collected by the circuit | 12 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 13 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 14 |
| clerk shall first deduct and pay amounts
required by Sections | 15 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 16 |
| limitation of home rule powers and functions under subsection | 17 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
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| (b) The following amounts must be remitted to the State | 19 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (1) 50% of the amounts collected for felony offenses | 21 |
| under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | 22 |
| 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | 23 |
| Animals Act and Section 26-5 of the Criminal Code of
1961;
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| (2) 20% of the amounts collected for Class A and Class | 25 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 26 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
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LRB096 04639 AJT 21754 a |
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| for Animals Act and Section 26-5 of the Criminal
Code of | 2 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 4 |
| misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | 5 |
| for Animals Act and Section 26-5
of the Criminal Code of | 6 |
| 1961.
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| (c) Any person who receives a disposition of court | 8 |
| supervision for a violation of the Illinois Vehicle Code or a | 9 |
| similar provision of a local ordinance shall, in addition to | 10 |
| any other fines, fees, and court costs, pay an additional fee | 11 |
| of $20, to be disbursed as provided in Section 16-104c of the | 12 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 13 |
| person shall also pay a fee of $5, if not waived by the court. | 14 |
| If this $5 fee is collected, $4.50 of the fee shall be | 15 |
| deposited into the Circuit Court Clerk Operation and | 16 |
| Administrative Fund created by the Clerk of the Circuit Court | 17 |
| and 50 cents of the fee shall be deposited into the Prisoner | 18 |
| Review Board Vehicle and Equipment Fund in the State treasury. | 19 |
| (d) Any person convicted of or pleading guilty to a serious | 20 |
| traffic violation, as defined in Section 1-187.001 of the | 21 |
| Illinois Vehicle Code, shall pay an additional fee of $20, to | 22 |
| be disbursed as provided in Section 16-104d of that Code. | 23 |
| This subsection (d) becomes inoperative 7 years after the | 24 |
| effective date of Public Act 95-154.
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| (e) Any person who receives a disposition of court | 26 |
| supervision for a violation of Section 11-501 of the Illinois |
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LRB096 04639 AJT 21754 a |
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| Vehicle Code shall, in addition to any other fines, fees, and | 2 |
| court costs, pay an additional fee of $50, which shall
be | 3 |
| collected by the circuit clerk and then remitted to the State | 4 |
| Treasurer for deposit into the Roadside Memorial Fund, a | 5 |
| special fund in the State treasury. Subject to appropriation, | 6 |
| all moneys in the Roadside Memorial Fund shall be used by the | 7 |
| Department of Transportation to pay fees imposed under | 8 |
| subsection (f) of Section 20 of the Roadside Memorial Act. The | 9 |
| fee shall be remitted by the circuit clerk within one month | 10 |
| after receipt to the State Treasurer for deposit into the | 11 |
| Roadside Memorial Fund. | 12 |
| (Source: P.A. 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07; | 13 |
| 95-428, eff. 8-24-07; 95-876, eff. 8-21-08.)
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| (705 ILCS 105/27.6)
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| Sec. 27.6. (a) All fees, fines, costs, additional | 16 |
| penalties, bail balances
assessed or forfeited, and any other | 17 |
| amount paid by a person to the circuit
clerk equalling an | 18 |
| amount of $55 or more, except the fine imposed by Section | 19 |
| 5-9-1.15
of the Unified Code of Corrections, the additional fee | 20 |
| required
by subsections (b) and (c), restitution under Section | 21 |
| 5-5-6 of the
Unified Code of Corrections, reimbursement for the | 22 |
| costs of an emergency
response as provided under Section 11-501 | 23 |
| of the Illinois Vehicle Code,
any fees collected for attending | 24 |
| a traffic safety program under paragraph (c)
of Supreme Court | 25 |
| Rule 529, any fee collected on behalf of a State's Attorney
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| under Section 4-2002 of the Counties Code or a sheriff under | 2 |
| Section 4-5001
of the Counties Code, or any cost imposed under | 3 |
| Section 124A-5 of the Code of
Criminal Procedure of 1963, for | 4 |
| convictions, orders of supervision, or any
other disposition | 5 |
| for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | 6 |
| Vehicle Code, or a similar provision of a local ordinance, and | 7 |
| any
violation of the Child Passenger Protection Act, or a | 8 |
| similar provision of a
local ordinance, and except as provided | 9 |
| in subsections (d) and (g)
shall be disbursed
within 60 days | 10 |
| after receipt by the circuit
clerk as follows: 44.5% shall be | 11 |
| disbursed to the entity authorized by law to
receive the fine | 12 |
| imposed in the case; 16.825% shall be disbursed to the State
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| Treasurer; and 38.675% shall be disbursed to the county's | 14 |
| general corporate
fund. Of the 16.825% disbursed to the State | 15 |
| Treasurer, 2/17 shall be deposited
by the State Treasurer into | 16 |
| the Violent Crime Victims Assistance Fund, 5.052/17
shall be | 17 |
| deposited into the Traffic and Criminal Conviction Surcharge | 18 |
| Fund,
3/17 shall be deposited into the Drivers Education Fund, | 19 |
| and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | 20 |
| the 6.948/17 deposited into the
Trauma Center Fund from the | 21 |
| 16.825% disbursed to the State Treasurer, 50% shall
be | 22 |
| disbursed to the Department of Public Health and 50% shall be | 23 |
| disbursed to
the Department of Healthcare and Family Services. | 24 |
| For fiscal year 1993, amounts deposited into
the Violent Crime | 25 |
| Victims Assistance Fund, the Traffic and Criminal
Conviction | 26 |
| Surcharge Fund, or the Drivers Education Fund shall not exceed |
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| 110%
of the amounts deposited into those funds in fiscal year | 2 |
| 1991. Any
amount that exceeds the 110% limit shall be | 3 |
| distributed as follows: 50%
shall be disbursed to the county's | 4 |
| general corporate fund and 50% shall be
disbursed to the entity | 5 |
| authorized by law to receive the fine imposed in
the case. Not | 6 |
| later than March 1 of each year the circuit clerk
shall submit | 7 |
| a report of the amount of funds remitted to the State
Treasurer | 8 |
| under this Section during the preceding year based upon
| 9 |
| independent verification of fines and fees. All counties shall | 10 |
| be subject
to this Section, except that counties with a | 11 |
| population under 2,000,000
may, by ordinance, elect not to be | 12 |
| subject to this Section. For offenses
subject to this Section, | 13 |
| judges shall impose one total sum of money payable
for | 14 |
| violations. The circuit clerk may add on no additional amounts | 15 |
| except
for amounts that are required by Sections 27.3a and | 16 |
| 27.3c of
this Act, unless those amounts are specifically waived | 17 |
| by the judge. With
respect to money collected by the circuit | 18 |
| clerk as a result of
forfeiture of bail, ex parte judgment or | 19 |
| guilty plea pursuant to Supreme
Court Rule 529, the circuit | 20 |
| clerk shall first deduct and pay amounts
required by Sections | 21 |
| 27.3a and 27.3c of this Act. This Section is a denial
and | 22 |
| limitation of home rule powers and functions under subsection | 23 |
| (h) of
Section 6 of Article VII of the Illinois Constitution.
| 24 |
| (b) In addition to any other fines and court costs assessed | 25 |
| by the courts,
any person convicted or receiving an order of | 26 |
| supervision for driving under
the influence of alcohol or drugs |
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| shall pay an additional fee of $100 to the
clerk of the circuit | 2 |
| court. This amount, less 2 1/2% that shall be used to
defray | 3 |
| administrative costs incurred by the clerk, shall be remitted | 4 |
| by the
clerk to the Treasurer within 60 days after receipt for | 5 |
| deposit into the Trauma
Center Fund. This additional fee of | 6 |
| $100 shall not be considered a part of the
fine for purposes of | 7 |
| any reduction in the fine for time served either before or
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| after sentencing. Not later than March 1 of each year the | 9 |
| Circuit Clerk shall
submit a report of the amount of funds | 10 |
| remitted to the State Treasurer under
this subsection during | 11 |
| the preceding calendar year.
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| (b-1) In addition to any other fines and court costs | 13 |
| assessed by the courts,
any person convicted or receiving an | 14 |
| order of supervision for driving under the
influence of alcohol | 15 |
| or drugs shall pay an additional fee of $5 to the clerk
of the | 16 |
| circuit court. This amount, less
2 1/2% that shall be used to | 17 |
| defray administrative costs incurred by the clerk,
shall be | 18 |
| remitted by the clerk to the Treasurer within 60 days after | 19 |
| receipt
for deposit into the Spinal Cord Injury Paralysis Cure | 20 |
| Research Trust Fund.
This additional fee of $5 shall not
be | 21 |
| considered a part of the fine for purposes of any reduction in | 22 |
| the fine for
time served either before or after sentencing. Not | 23 |
| later than March 1 of each
year the Circuit Clerk shall submit | 24 |
| a report of the amount of funds remitted to
the State Treasurer | 25 |
| under this subsection during the preceding calendar
year.
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| (c) In addition to any other fines and court costs assessed |
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| by the courts,
any person convicted for a violation of Sections | 2 |
| 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | 3 |
| person sentenced for a violation of the Cannabis
Control Act, | 4 |
| the Illinois Controlled Substances Act, or the Methamphetamine | 5 |
| Control and Community Protection Act
shall pay an additional | 6 |
| fee of $100 to the clerk
of the circuit court. This amount, | 7 |
| less
2 1/2% that shall be used to defray administrative costs | 8 |
| incurred by the clerk,
shall be remitted by the clerk to the | 9 |
| Treasurer within 60 days after receipt
for deposit into the | 10 |
| Trauma Center Fund. This additional fee of $100 shall not
be | 11 |
| considered a part of the fine for purposes of any reduction in | 12 |
| the fine for
time served either before or after sentencing. Not | 13 |
| later than March 1 of each
year the Circuit Clerk shall submit | 14 |
| a report of the amount of funds remitted to
the State Treasurer | 15 |
| under this subsection during the preceding calendar year.
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| (c-1) In addition to any other fines and court costs | 17 |
| assessed by the
courts, any person sentenced for a violation of | 18 |
| the Cannabis Control Act,
the Illinois Controlled Substances | 19 |
| Act, or the Methamphetamine Control and Community Protection | 20 |
| Act shall pay an additional fee of $5 to the
clerk of the | 21 |
| circuit court. This amount, less 2 1/2% that shall be used to
| 22 |
| defray administrative costs incurred by the clerk, shall be | 23 |
| remitted by the
clerk to the Treasurer within 60 days after | 24 |
| receipt for deposit into the Spinal
Cord Injury Paralysis Cure | 25 |
| Research Trust Fund. This additional fee of $5
shall not be | 26 |
| considered a part of the fine for purposes of any reduction in |
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09600HB0881ham001 |
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LRB096 04639 AJT 21754 a |
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| the
fine for time served either before or after sentencing. Not | 2 |
| later than March 1
of each year the Circuit Clerk shall submit | 3 |
| a report of the amount of funds
remitted to the State Treasurer | 4 |
| under this subsection during the preceding
calendar year.
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| (d) The following amounts must be remitted to the State | 6 |
| Treasurer 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 of the Criminal Code of
1961;
| 11 |
| (2) 20% of the amounts collected for Class A and Class | 12 |
| B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | 13 |
| 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | 14 |
| for Animals Act and Section 26-5 of the Criminal
Code of | 15 |
| 1961; and
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| (3) 50% of the amounts collected for Class C | 17 |
| misdemeanors under Sections
4.01 and 7.1 of the Humane Care | 18 |
| for Animals Act and Section 26-5 of the
Criminal Code of | 19 |
| 1961.
| 20 |
| (e) Any person who receives a disposition of court | 21 |
| supervision for a violation of the Illinois Vehicle Code or a | 22 |
| similar provision of a local ordinance shall, in addition to | 23 |
| any other fines, fees, and court costs, pay an additional fee | 24 |
| of $20, to be disbursed as provided in Section 16-104c of the | 25 |
| Illinois Vehicle Code. In addition to the fee of $20, the | 26 |
| person shall also pay a fee of $5, if not waived by the court. |
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LRB096 04639 AJT 21754 a |
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| If this $5 fee is collected, $4.50 of the fee shall be | 2 |
| deposited into the Circuit Court Clerk Operation and | 3 |
| Administrative Fund created by the Clerk of the Circuit Court | 4 |
| and 50 cents of the fee shall be deposited into the Prisoner | 5 |
| Review Board Vehicle and Equipment Fund in the State treasury.
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| (f) This Section does not apply to the additional child | 7 |
| pornography fines assessed and collected under Section | 8 |
| 5-9-1.14 of the Unified Code of Corrections.
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| (g)
Of the amounts collected as fines under subsection (b) | 10 |
| of Section 3-712 of the Illinois Vehicle Code, 99% shall be | 11 |
| deposited into the Illinois Military Family Relief Fund and 1% | 12 |
| shall be deposited into the Circuit Court Clerk Operation and | 13 |
| Administrative Fund created by the Clerk of the Circuit Court | 14 |
| to be used to offset the costs incurred by the Circuit Court | 15 |
| Clerk in performing the additional duties required to collect | 16 |
| and disburse funds to entities of State and local government as | 17 |
| provided by law.
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| (h) Any person who receives a disposition of court | 19 |
| supervision for a violation of Section 11-501 of the Illinois | 20 |
| Vehicle Code or a similar provision of a local ordinance shall, | 21 |
| in addition to any other fines, fees, and court costs, pay an | 22 |
| additional fee of $50, which shall
be collected by the circuit | 23 |
| clerk and then remitted to the State Treasurer for deposit into | 24 |
| the Roadside Memorial Fund, a special fund in the State | 25 |
| treasury. Subject to appropriation, all moneys in the Roadside | 26 |
| Memorial Fund shall be used by the Department of Transportation |
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LRB096 04639 AJT 21754 a |
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| to pay fees imposed under subsection (f) of Section 20 of the | 2 |
| Roadside Memorial Act. The fee shall be remitted by the circuit | 3 |
| clerk within one month after receipt to the State Treasurer for | 4 |
| deposit into the Roadside Memorial Fund. | 5 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | 6 |
| 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | 7 |
| 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.)".
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