Full Text of HB2056 97th General Assembly
HB2056ham001 97TH GENERAL ASSEMBLY | Rep. JoAnn D. Osmond Filed: 3/15/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2056
| 2 | | AMENDMENT NO. ______. Amend House Bill 2056 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.786 as follows: | 6 | | (30 ILCS 105/5.786 new) | 7 | | Sec. 5.786. The Prescription Pill and Drug Disposal Fund. | 8 | | Section 10. The Environmental Protection Act is amended by | 9 | | changing Section 3.330 and by adding Section 17.9A as follows:
| 10 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| 11 | | Sec. 3.330. Pollution control facility.
| 12 | | (a) "Pollution control facility" is any waste storage site, | 13 | | sanitary
landfill, waste disposal site, waste transfer | 14 | | station, waste treatment
facility, or waste incinerator. This |
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| 1 | | includes sewers, sewage treatment
plants, and any other | 2 | | facilities owned or operated by sanitary districts
organized | 3 | | under the Metropolitan Water Reclamation District Act.
| 4 | | The following are not pollution control facilities:
| 5 | | (1) (blank);
| 6 | | (2) waste storage sites regulated under 40 CFR, Part | 7 | | 761.42;
| 8 | | (3) sites or facilities used by any person conducting a | 9 | | waste storage,
waste treatment, waste disposal, waste | 10 | | transfer or waste incineration
operation, or a combination | 11 | | thereof, for wastes generated by such person's
own | 12 | | activities, when such wastes are stored, treated, disposed | 13 | | of,
transferred or incinerated within the site or facility | 14 | | owned, controlled or
operated by such person, or when such | 15 | | wastes are transported within or
between sites or | 16 | | facilities owned, controlled or operated by such person;
| 17 | | (4) sites or facilities at which the State is | 18 | | performing removal or
remedial action pursuant to Section | 19 | | 22.2 or 55.3;
| 20 | | (5) abandoned quarries used solely for the disposal of | 21 | | concrete, earth
materials, gravel, or aggregate debris | 22 | | resulting from road construction
activities conducted by a | 23 | | unit of government or construction activities due
to the | 24 | | construction and installation of underground pipes, lines, | 25 | | conduit
or wires off of the premises of a public utility | 26 | | company which are
conducted by a public utility;
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| 1 | | (6) sites or facilities used by any person to | 2 | | specifically conduct a
landscape composting operation;
| 3 | | (7) regional facilities as defined in the Central | 4 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 5 | | (8) the portion of a site or facility where coal | 6 | | combustion wastes are
stored or disposed of in accordance | 7 | | with subdivision (r)(2) or (r)(3) of
Section 21;
| 8 | | (9) the portion of a site or facility used for the | 9 | | collection,
storage or processing of waste tires as defined | 10 | | in Title XIV;
| 11 | | (10) the portion of a site or facility used for | 12 | | treatment of
petroleum contaminated materials by | 13 | | application onto or incorporation into
the soil surface and | 14 | | any portion of that site or facility used for storage
of | 15 | | petroleum contaminated materials before treatment. Only | 16 | | those categories
of petroleum listed in Section
57.9(a)(3) | 17 | | are exempt under this subdivision (10);
| 18 | | (11) the portion of a site or facility where used oil | 19 | | is collected or
stored prior to shipment to a recycling or | 20 | | energy recovery facility, provided
that the used oil is | 21 | | generated by households or commercial establishments, and
| 22 | | the site or facility is a recycling center or a business | 23 | | where oil or gasoline
is sold at retail; | 24 | | (11.5) processing sites or facilities that receive | 25 | | only on-specification used oil, as defined in 35 Ill. | 26 | | Admin. Code 739, originating from used oil collectors for |
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| 1 | | processing that is managed under 35 Ill. Admin. Code 739 to | 2 | | produce products for sale to off-site petroleum | 3 | | facilities, if these processing sites or facilities are: | 4 | | (i) located within a home rule unit of local government | 5 | | with a population of at least 30,000 according to the 2000 | 6 | | federal census, that home rule unit of local government has | 7 | | been designated as an Urban Round II Empowerment Zone by | 8 | | the United States Department of Housing and Urban | 9 | | Development, and that home rule unit of local government | 10 | | has enacted an ordinance approving the location of the site | 11 | | or facility and provided funding for the site or facility; | 12 | | and (ii) in compliance with all applicable zoning | 13 | | requirements;
| 14 | | (12) the portion of a site or facility utilizing coal | 15 | | combustion waste
for stabilization and treatment of only | 16 | | waste generated on that site or
facility when used in | 17 | | connection with response actions pursuant to the federal
| 18 | | Comprehensive Environmental Response, Compensation, and | 19 | | Liability Act of 1980,
the federal Resource Conservation | 20 | | and Recovery Act of 1976, or the Illinois
Environmental | 21 | | Protection Act or as authorized by the Agency;
| 22 | | (13) the portion of a site or facility that (i) accepts | 23 | | exclusively general
construction or demolition debris, | 24 | | (ii) is located in a county with a population over
| 25 | | 3,000,000 as of January 1, 2000 or in a county that is | 26 | | contiguous to such a county, and (iii) is operated and |
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| 1 | | located in accordance with Section 22.38 of this Act; | 2 | | (14) the portion of a site or facility, located within | 3 | | a unit of local government that has enacted local zoning | 4 | | requirements, used to accept, separate, and process | 5 | | uncontaminated broken concrete, with or without protruding | 6 | | metal bars, provided that the uncontaminated broken | 7 | | concrete and metal bars are not speculatively accumulated, | 8 | | are at the site or facility no longer than one year after | 9 | | their acceptance, and are returned to the economic | 10 | | mainstream in the form of raw materials or products;
| 11 | | (15) the portion of a site or facility located in a | 12 | | county with a population over 3,000,000 that has obtained | 13 | | local siting approval under Section 39.2 of this Act for a | 14 | | municipal waste incinerator on or before July 1, 2005 and | 15 | | that is used for a non-hazardous waste transfer station;
| 16 | | (16) a site or facility that temporarily holds in | 17 | | transit for 10 days or less, non-putrescible | 18 | | non-petruscible solid waste in original containers, no | 19 | | larger in capacity than 500 gallons, provided that such | 20 | | waste is further transferred to a recycling, disposal, | 21 | | treatment, or storage facility on a non-contiguous site and | 22 | | provided such site or facility complies with the applicable | 23 | | 10-day transfer requirements of the federal Resource | 24 | | Conservation and Recovery Act of 1976 and United States | 25 | | Department of Transportation hazardous material | 26 | | requirements. For purposes of this Section only, |
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| 1 | | " non-putrescible non-petruscible solid waste" means waste | 2 | | other than municipal garbage that does not rot or become | 3 | | putrid, including, but not limited to, paints, solvent, | 4 | | filters, and absorbents;
| 5 | | (17)
the portion of a site or facility located in a | 6 | | county with a population greater than 3,000,000 that has | 7 | | obtained local siting approval, under Section 39.2 of this | 8 | | Act, for a municipal waste incinerator on or before July 1, | 9 | | 2005 and that is used for wood combustion facilities for | 10 | | energy recovery that accept and burn only wood material, as | 11 | | included in a fuel specification approved by the Agency;
| 12 | | (18)
a transfer station used exclusively for landscape | 13 | | waste, including a transfer station where landscape waste | 14 | | is ground to reduce its volume, where the landscape waste | 15 | | is held no longer than 24 hours from the time it was | 16 | | received; | 17 | | (19) the portion of a site or facility that (i) is used | 18 | | for the composting of food scrap, livestock waste, crop | 19 | | residue, uncontaminated wood waste, or paper waste, | 20 | | including, but not limited to, corrugated paper or | 21 | | cardboard, and (ii) meets all of the following | 22 | | requirements: | 23 | | (A) There must not be more than a total of 30,000 | 24 | | cubic yards of livestock waste in raw form or in the | 25 | | process of being composted at the site or facility at | 26 | | any one time. |
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| 1 | | (B) All food scrap, livestock waste, crop residue, | 2 | | uncontaminated wood waste, and paper waste must, by the | 3 | | end of each operating day, be processed and placed into | 4 | | an enclosed vessel in which air flow and temperature | 5 | | are controlled, or all of the following additional | 6 | | requirements must be met: | 7 | | (i) The portion of the site or facility used | 8 | | for the composting operation must include a | 9 | | setback of at least 200 feet from the nearest | 10 | | potable water supply well. | 11 | | (ii) The portion of the site or facility used | 12 | | for the composting operation must be located | 13 | | outside the boundary of the 10-year floodplain or | 14 | | floodproofed. | 15 | | (iii) The portion of the site or facility used | 16 | | for the composting operation must be located at | 17 | | least one-eighth of a mile from the nearest | 18 | | residence, other than a residence located on the | 19 | | same property as the site or facility. | 20 | | (iv) The portion of the site or facility used | 21 | | for the composting operation must be located at | 22 | | least one-eighth of a mile from the property line | 23 | | of all of the following areas: | 24 | | (I) Facilities that primarily serve to | 25 | | house or treat people that are | 26 | | immunocompromised or immunosuppressed, such as |
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| 1 | | cancer or AIDS patients; people with asthma, | 2 | | cystic fibrosis, or bioaerosol allergies; or | 3 | | children under the age of one year. | 4 | | (II) Primary and secondary schools and | 5 | | adjacent areas that the schools use for | 6 | | recreation. | 7 | | (III) Any facility for child care licensed | 8 | | under Section 3 of the Child Care Act of 1969; | 9 | | preschools; and adjacent areas that the | 10 | | facilities or preschools use for recreation. | 11 | | (v) By the end of each operating day, all food | 12 | | scrap, livestock waste, crop residue, | 13 | | uncontaminated wood waste, and paper waste must be | 14 | | (i) processed into windrows or other piles and (ii) | 15 | | covered in a manner that prevents scavenging by | 16 | | birds and animals and that prevents other | 17 | | nuisances. | 18 | | (C) Food scrap, livestock waste, crop residue, | 19 | | uncontaminated wood waste, paper waste, and compost | 20 | | must not be placed within 5 feet of the water table. | 21 | | (D) The site or facility must meet all of the | 22 | | requirements of the Wild and Scenic Rivers Act (16 | 23 | | U.S.C. 1271 et seq.). | 24 | | (E) The site or facility must not (i) restrict the | 25 | | flow of a 100-year flood, (ii) result in washout of | 26 | | food scrap, livestock waste, crop residue, |
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| 1 | | uncontaminated wood waste, or paper waste from a | 2 | | 100-year flood, or (iii) reduce the temporary water | 3 | | storage capacity of the 100-year floodplain, unless | 4 | | measures are undertaken to provide alternative storage | 5 | | capacity, such as by providing lagoons, holding tanks, | 6 | | or drainage around structures at the facility. | 7 | | (F) The site or facility must not be located in any | 8 | | area where it may pose a threat of harm or destruction | 9 | | to the features for which: | 10 | | (i) an irreplaceable historic or | 11 | | archaeological site has been listed under the | 12 | | National Historic Preservation Act (16 U.S.C. 470 | 13 | | et seq.) or the Illinois Historic Preservation | 14 | | Act; | 15 | | (ii) a natural landmark has been designated by | 16 | | the National Park Service or the Illinois State | 17 | | Historic Preservation Office; or | 18 | | (iii) a natural area has been designated as a | 19 | | Dedicated Illinois Nature Preserve under the | 20 | | Illinois Natural Areas Preservation Act. | 21 | | (G) The site or facility must not be located in an | 22 | | area where it may jeopardize the continued existence of | 23 | | any designated endangered species, result in the | 24 | | destruction or adverse modification of the critical | 25 | | habitat for such species, or cause or contribute to the | 26 | | taking of any endangered or threatened species of |
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| 1 | | plant, fish, or wildlife listed under the Endangered | 2 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 3 | | Endangered Species Protection Act; and | 4 | | (20) the portion of a site or facility that is located | 5 | | entirely within a home rule unit having a population of no | 6 | | less than 120,000 and no more than 135,000, according to | 7 | | the 2000 federal census, and that meets all of the | 8 | | following requirements: | 9 | | (i) the portion of the site or facility is used | 10 | | exclusively to perform testing of a thermochemical | 11 | | conversion technology using only woody biomass, | 12 | | collected as landscape waste within the boundaries | 13 | | of the home rule unit, as the hydrocarbon feedstock | 14 | | for the production of synthetic gas in accordance | 15 | | with Section 39.9 of this Act; | 16 | | (ii) the portion of the site or facility is in | 17 | | compliance with all applicable zoning | 18 | | requirements; and | 19 | | (iii) a complete application for a | 20 | | demonstration permit at the portion of the site or | 21 | | facility has been submitted to the Agency in | 22 | | accordance with Section 39.9 of this Act within one | 23 | | year after July 27, 2010 ( the effective date of | 24 | | Public Act 96-1314); this amendatory Act of the | 25 | | 96th General Assembly | 26 | | (21) (19) the portion of a site or facility used to |
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| 1 | | perform limited testing of a gasification conversion | 2 | | technology in accordance with Section 39.8 of this Act and | 3 | | for which a complete permit application has been submitted | 4 | | to the Agency prior to one year from April 9, 2010 ( the | 5 | | effective date of Public Act 96-887); and this amendatory | 6 | | Act of the 96th General Assembly.
| 7 | | (22) the portion of a site or facility that is used, in | 8 | | accordance with Section 17.9A and the rules adopted by the | 9 | | Agency under that Section, to incinerate only | 10 | | pharmaceuticals from residential sources that are in the | 11 | | possession or control of a law enforcement agency. | 12 | | (b) A new pollution control facility is:
| 13 | | (1) a pollution control facility initially permitted | 14 | | for development or
construction after July 1, 1981; or
| 15 | | (2) the area of expansion beyond the boundary of a | 16 | | currently permitted
pollution control facility; or
| 17 | | (3) a permitted pollution control facility requesting | 18 | | approval to
store, dispose of, transfer or incinerate, for | 19 | | the first time, any special
or hazardous waste.
| 20 | | (Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; | 21 | | 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. | 22 | | 8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887, | 23 | | eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10; | 24 | | 96-1314, eff. 7-27-10; revised 9-2-10.)
| 25 | | (415 ILCS 5/17.9A new) |
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| 1 | | Sec. 17.9A. Incineration of pharmaceuticals by law | 2 | | enforcement agency. | 3 | | (a) Notwithstanding any other provision of this Act, a law | 4 | | enforcement agency may collect pharmaceuticals from | 5 | | residential sources and incinerate the collected | 6 | | pharmaceuticals in a manner consistent with rules adopted by | 7 | | the Agency. The Agency shall adopt rules to implement this | 8 | | Section as soon as practical after the effective date of this | 9 | | Section. For the purposes of this Section, "law
enforcement | 10 | | agency" means an agency of the State or unit of local | 11 | | government
which is vested by law or ordinance with the duty to | 12 | | maintain public order
and to enforce criminal laws. | 13 | | (b) The Prescription Pill and Drug Disposal Fund is created | 14 | | as a special fund in the State treasury. Moneys in the Fund | 15 | | shall be used for grants by the Illinois Criminal Justice | 16 | | Information Authority to local law enforcement agencies for the | 17 | | purpose of facilitating the collection and incineration of | 18 | | pharmaceuticals from residential sources as provided under | 19 | | this Section. Interest attributable to moneys in the Fund shall | 20 | | be returned to the Fund. | 21 | | Section 15. The Unified Code of Corrections is amended by | 22 | | changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
| 23 | | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
| 24 | | (Text of Section from P.A. 94-550, 96-132, and 96-402)
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| 1 | | Sec. 5-9-1.1. Drug related offenses.
| 2 | | (a) When a person has been adjudged guilty of a drug | 3 | | related
offense involving possession or delivery of cannabis or | 4 | | possession or delivery
of a controlled substance, other than | 5 | | methamphetamine, as defined in the Cannabis Control Act, as | 6 | | amended,
or the Illinois Controlled Substances Act, as amended, | 7 | | in addition to any
other penalty imposed, a fine shall be | 8 | | levied by the court at not less than
the full street value of | 9 | | the cannabis or controlled substances seized.
| 10 | | "Street value" shall be determined by the court on the | 11 | | basis of testimony
of law enforcement personnel and the | 12 | | defendant as to the amount seized and
such testimony as may be | 13 | | required by the court as to the current street
value of the | 14 | | cannabis or controlled substance seized.
| 15 | | (b) In addition to any penalty imposed under subsection (a) | 16 | | of this
Section, a fine of
$100 shall be levied by the court, | 17 | | the proceeds of which
shall be collected by the Circuit Clerk | 18 | | and remitted to the State Treasurer
under Section 27.6 of the | 19 | | Clerks of Courts Act
for deposit into the Trauma
Center Fund | 20 | | for distribution as provided under Section 3.225 of the | 21 | | Emergency
Medical Services (EMS) Systems Act.
| 22 | | (c) In addition to any penalty imposed under subsection (a) | 23 | | of this
Section, a fee of $5 shall be assessed by the court, | 24 | | the proceeds of which
shall be collected by the Circuit Clerk | 25 | | and remitted to the State Treasurer
under Section 27.6 of the | 26 | | Clerks of Courts Act for deposit into the Spinal Cord
Injury |
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| 1 | | Paralysis Cure Research Trust Fund.
This additional fee of $5 | 2 | | shall not be considered a part of the fine for
purposes of any | 3 | | reduction in the fine for time served either before or after
| 4 | | sentencing.
| 5 | | (d) In addition to any penalty imposed under subsection (a) | 6 | | of this
Section for a drug related
offense involving possession | 7 | | or delivery
of cannabis or possession or delivery of a | 8 | | controlled substance as defined in the Cannabis Control Act, | 9 | | the Illinois Controlled Substances Act, or the Methamphetamine | 10 | | Control and Community Protection Act, a fee of $50 shall be | 11 | | assessed by the court, the proceeds of which
shall be collected | 12 | | by the Circuit Clerk and remitted to the State Treasurer
under | 13 | | Section 27.6 of the Clerks of Courts Act for deposit into the | 14 | | Performance-enhancing Substance Testing Fund.
This additional | 15 | | fee of $50 shall not be considered a part of the fine for
| 16 | | purposes of any reduction in the fine for time served either | 17 | | before or after
sentencing. The provisions of this subsection | 18 | | (d), other than this sentence, are inoperative after June 30, | 19 | | 2011. | 20 | | (e) (d) In addition to any penalty imposed under subsection | 21 | | (a) of this
Section, a $25 assessment shall be assessed by the | 22 | | court, the proceeds of which
shall be collected by the Circuit | 23 | | Clerk and remitted to the State Treasurer for deposit into the | 24 | | State Police Services Fund and shall be used for grants by the | 25 | | Department of State Police to drug task forces and Metropolitan | 26 | | Enforcement Groups in accordance with the Intergovernmental |
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| 1 | | Drug Laws Enforcement Act. | 2 | | (f) In addition to any penalty imposed under subsection (a) | 3 | | of this
Section, a $20 assessment shall be assessed by the | 4 | | court, the proceeds of which
shall be collected by the Circuit | 5 | | Clerk. Of the collected proceeds, 95% shall be remitted to the | 6 | | State Treasurer for deposit into the Prescription Pill and Drug | 7 | | Disposal Fund, and the Circuit Clerk shall retain 5% for | 8 | | deposit into the Circuit Court Clerk Operation and | 9 | | Administrative Fund for the costs associated with | 10 | | administering this subsection. | 11 | | (Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, | 12 | | eff. 1-1-10, revised 10-6-09.)
| 13 | | (Text of Section from P.A. 94-556, 96-132, and 96-402)
| 14 | | Sec. 5-9-1.1. Drug related offenses.
| 15 | | (a) When a person has been adjudged guilty of a drug | 16 | | related
offense involving possession or delivery of cannabis or | 17 | | possession or delivery
of a controlled substance as defined in | 18 | | the Cannabis Control Act, the Illinois Controlled Substances | 19 | | Act, or the Methamphetamine Control and Community Protection | 20 | | Act, in addition to any
other penalty imposed, a fine shall be | 21 | | levied by the court at not less than
the full street value of | 22 | | the cannabis or controlled substances seized.
| 23 | | "Street value" shall be determined by the court on the | 24 | | basis of testimony
of law enforcement personnel and the | 25 | | defendant as to the amount seized and
such testimony as may be |
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| 1 | | required by the court as to the current street
value of the | 2 | | cannabis or controlled substance seized.
| 3 | | (b) In addition to any penalty imposed under subsection (a) | 4 | | of this
Section, a fine of $100 shall be levied by the court, | 5 | | the proceeds of which
shall be collected by the Circuit Clerk | 6 | | and remitted to the State Treasurer
under Section 27.6 of the | 7 | | Clerks of Courts Act for deposit into the Trauma
Center Fund | 8 | | for distribution as provided under Section 3.225 of the | 9 | | Emergency
Medical Services (EMS) Systems Act.
| 10 | | (c) In addition to any penalty imposed under subsection (a) | 11 | | of this
Section, a fee of $5 shall be assessed by the court, | 12 | | the proceeds of which
shall be collected by the Circuit Clerk | 13 | | and remitted to the State Treasurer
under Section 27.6 of the | 14 | | Clerks of Courts Act for deposit into the Spinal Cord
Injury | 15 | | Paralysis Cure Research Trust Fund.
This additional fee of $5 | 16 | | shall not be considered a part of the fine for
purposes of any | 17 | | reduction in the fine for time served either before or after
| 18 | | sentencing.
| 19 | | (d) In addition to any penalty imposed under subsection (a) | 20 | | of this
Section for a drug related
offense involving possession | 21 | | or delivery
of cannabis or possession or delivery of a | 22 | | controlled substance as defined in the Cannabis Control Act, | 23 | | the Illinois Controlled Substances Act, or the Methamphetamine | 24 | | Control and Community Protection Act, a fee of $50 shall be | 25 | | assessed by the court, the proceeds of which
shall be collected | 26 | | by the Circuit Clerk and remitted to the State Treasurer
under |
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| 1 | | Section 27.6 of the Clerks of Courts Act for deposit into the | 2 | | Performance-enhancing Substance Testing Fund.
This additional | 3 | | fee of $50 shall not be considered a part of the fine for
| 4 | | purposes of any reduction in the fine for time served either | 5 | | before or after
sentencing. The provisions of this subsection | 6 | | (d), other than this sentence, are inoperative after June 30, | 7 | | 2011. | 8 | | (e) (d) In addition to any penalty imposed under subsection | 9 | | (a) of this
Section, a $25 assessment shall be assessed by the | 10 | | court, the proceeds of which
shall be collected by the Circuit | 11 | | Clerk and remitted to the State Treasurer for deposit into the | 12 | | State Police Services Fund and shall be used for grants by the | 13 | | Department of State Police to drug task forces and Metropolitan | 14 | | Enforcement Groups in accordance with the Intergovernmental | 15 | | Drug Laws Enforcement Act. | 16 | | (f) In addition to any penalty imposed under subsection (a) | 17 | | of this
Section, a $20 assessment shall be assessed by the | 18 | | court, the proceeds of which
shall be collected by the Circuit | 19 | | Clerk. Of the collected proceeds, 95% shall be remitted to the | 20 | | State Treasurer for deposit into the Prescription Pill and Drug | 21 | | Disposal Fund, and the Circuit Clerk shall retain 5% for | 22 | | deposit into the Circuit Court Clerk Operation and | 23 | | Administrative Fund for the costs associated with | 24 | | administering this subsection. | 25 | | (Source: P.A. 94-556, eff. 9-11-05 ; 96-132, eff. 8-7-09; | 26 | | 96-402, eff. 1-1-10, revised 10-6-09.)
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| 1 | | (730 ILCS 5/5-9-1.1-5) | 2 | | Sec. 5-9-1.1-5. Methamphetamine related offenses. | 3 | | (a) When a person has been adjudged guilty of a | 4 | | methamphetamine related
offense involving possession or | 5 | | delivery of methamphetamine or any salt of an optical isomer of | 6 | | methamphetamine or possession of a methamphetamine | 7 | | manufacturing material as set forth in Section 10 of the | 8 | | Methamphetamine Control and Community Protection Act with the | 9 | | intent to manufacture a substance containing methamphetamine | 10 | | or salt of an optical isomer of methamphetamine, in addition to | 11 | | any
other penalty imposed, a fine shall be levied by the court | 12 | | at not less than
the full street value of the methamphetamine | 13 | | or salt of an optical isomer of methamphetamine or | 14 | | methamphetamine manufacturing materials seized. | 15 | | "Street value" shall be determined by the court on the | 16 | | basis of testimony
of law enforcement personnel and the | 17 | | defendant as to the amount seized and
such testimony as may be | 18 | | required by the court as to the current street
value of the | 19 | | methamphetamine or salt of an optical isomer of methamphetamine | 20 | | or methamphetamine manufacturing materials seized. | 21 | | (b) In addition to any penalty imposed under subsection (a) | 22 | | of this
Section, a fine of
$100 shall be levied by the court, | 23 | | the proceeds of which
shall be collected by the Circuit Clerk | 24 | | and remitted to the State Treasurer
under Section 27.6 of the | 25 | | Clerks of Courts Act
for deposit into the Methamphetamine Law |
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| 1 | | Enforcement Fund and allocated as provided in subsection (d) of | 2 | | Section 5-9-1.2.
| 3 | | (c) In addition to any penalty imposed under subsection (a) | 4 | | of this
Section, a $25 assessment shall be assessed by the | 5 | | court, the proceeds of which
shall be collected by the Circuit | 6 | | Clerk and remitted to the State Treasurer for deposit into the | 7 | | Drug Traffic Prevention Fund. The moneys deposited into the | 8 | | Drug Traffic Prevention Fund pursuant to this Section shall be | 9 | | appropriated to and administered by the Department of State | 10 | | Police for funding of drug task forces and Metropolitan | 11 | | Enforcement Groups in accordance with the Intergovernmental | 12 | | Drug Laws Enforcement Act. | 13 | | (d) In addition to any penalty imposed under subsection (a) | 14 | | of this
Section, a $20 assessment shall be assessed by the | 15 | | court, the proceeds of which shall be collected by the Circuit | 16 | | Clerk. Of the collected proceeds, 95% shall be remitted to the | 17 | | State Treasurer for deposit into the Prescription Pill and Drug | 18 | | Disposal Fund, and the Circuit Clerk shall retain 5% for | 19 | | deposit into the Circuit Court Clerk Operation and | 20 | | Administrative Fund for the costs associated with | 21 | | administering this subsection. | 22 | | (Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; | 23 | | 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)".
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