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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | ||||||||||||||||||||||||||
5 | Sections 27.5 and 27.6 as follows: | ||||||||||||||||||||||||||
6 | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) | ||||||||||||||||||||||||||
7 | 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
| ||||||||||||||||||||||||||
17 | Section 4-5001 of the Counties Code, or any cost imposed under | ||||||||||||||||||||||||||
18 | Section 124A-5
of the Code of Criminal Procedure of 1963, for | ||||||||||||||||||||||||||
19 | convictions, orders of
supervision, or any other disposition | ||||||||||||||||||||||||||
20 | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois | ||||||||||||||||||||||||||
21 | Vehicle Code, or a similar provision of a local
ordinance, and | ||||||||||||||||||||||||||
22 | any violation of the Child Passenger Protection Act, or a
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23 | similar provision of a local ordinance, and except as provided |
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1 | in subsection
(b) shall be disbursed within 60 days after | ||||||
2 | receipt by the circuit
clerk as follows: 47% shall be disbursed | ||||||
3 | to the entity authorized by law to
receive the fine imposed in | ||||||
4 | the case; 12% shall be disbursed to the State
Treasurer; and | ||||||
5 | 41% shall be disbursed to the county's general corporate fund.
| ||||||
6 | Of the 12% disbursed to the State Treasurer, 1/6 shall be | ||||||
7 | deposited by the
State Treasurer into the Violent Crime Victims | ||||||
8 | Assistance Fund, 1/2 shall be
deposited into the Traffic and | ||||||
9 | Criminal Conviction Surcharge Fund, and 1/3
shall be deposited | ||||||
10 | into the Drivers Education Fund. For fiscal years 1992 and
| ||||||
11 | 1993, amounts deposited into the Violent Crime Victims | ||||||
12 | Assistance Fund, the
Traffic and Criminal Conviction Surcharge | ||||||
13 | Fund, or the Drivers Education Fund
shall not exceed 110% of | ||||||
14 | the amounts deposited into those funds in fiscal year
1991. Any | ||||||
15 | amount that exceeds the 110% limit shall be distributed as | ||||||
16 | follows:
50% shall be disbursed to the county's general | ||||||
17 | corporate fund and 50% shall be
disbursed to the entity | ||||||
18 | authorized by law to receive the fine imposed in the
case. Not | ||||||
19 | later than March 1 of each year the circuit clerk
shall submit | ||||||
20 | a report of the amount of funds remitted to the State
Treasurer | ||||||
21 | under this Section during the preceding year based upon
| ||||||
22 | independent verification of fines and fees. All counties shall | ||||||
23 | be subject
to this Section, except that counties with a | ||||||
24 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
25 | subject to this Section. For offenses
subject to this Section, | ||||||
26 | judges shall impose one total sum of money payable
for |
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| |||||||
1 | violations. The circuit clerk may add on no additional amounts | ||||||
2 | except
for amounts that are required by Sections 27.3a and | ||||||
3 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
4 | by the judge. With
respect to money collected by the circuit | ||||||
5 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
6 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
7 | clerk shall first deduct and pay amounts
required by Sections | ||||||
8 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
9 | limitation of home rule powers and functions under subsection | ||||||
10 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
11 | (b) The following amounts must be remitted to the State | ||||||
12 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
13 | (1) 50% of the amounts collected for felony offenses | ||||||
14 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
15 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
16 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
17 | (2) 20% of the amounts collected for Class A and Class | ||||||
18 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
19 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
20 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
21 | 1961; and
| ||||||
22 | (3) 50% of the amounts collected for Class C | ||||||
23 | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care | ||||||
24 | for Animals Act and Section 26-5
of the Criminal Code of | ||||||
25 | 1961.
| ||||||
26 | (c) Any person who receives a disposition of court |
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1 | supervision for a violation of the Illinois Vehicle Code shall, | ||||||
2 | in addition to any other fines, fees, and court costs, pay an | ||||||
3 | additional fee of $20, to be disbursed as provided in Section | ||||||
4 | 16-104c of the Illinois Vehicle Code. In addition to the fee of | ||||||
5 | $20, the person shall also pay a fee of $5, if not waived by the | ||||||
6 | court. If this $5 fee is collected, $4.50 of the fee shall be | ||||||
7 | deposited into the Circuit Court Clerk Operation and | ||||||
8 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
9 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
10 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
11 | (d) When a fine for a violation of Section 11-605(a) of the | ||||||
12 | Illinois Vehicle Code is $150 or greater, the person who | ||||||
13 | violates subsection (a) shall be charged an additional $50 to | ||||||
14 | be paid to the unit school district where the violation | ||||||
15 | occurred for school safety purposes. If the violation occurred | ||||||
16 | in a dual school district, $25 of the surcharge shall be paid | ||||||
17 | to the elementary school district for school safety purposes | ||||||
18 | and $25 of the surcharge shall be paid to the high school | ||||||
19 | district for school safety purposes. Notwithstanding any other | ||||||
20 | provision of law, the entire $50 surcharge shall be paid to the | ||||||
21 | appropriate school district or districts. | ||||||
22 | (d-1) In addition to any other fines, fees and costs | ||||||
23 | assessed by the courts, in each county in which a drug court | ||||||
24 | has been created, the county may adopt a mandatory fee of up to | ||||||
25 | $5 to be assessed as provided in this subsection. Assessments | ||||||
26 | collected by the clerk of the circuit court pursuant to this |
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1 | subsection must be deposited into an account specifically for | ||||||
2 | the operation and administration of the drug court. The clerk | ||||||
3 | of the circuit court shall collect the fees established in this | ||||||
4 | subsection and must remit the fees to the drug court, less 5%, | ||||||
5 | which is to be retained as fee income to the office of the | ||||||
6 | clerk of the circuit court. The fees are to be paid as follows: | ||||||
7 | (1) a fee of up to $5 paid by the defendant on a | ||||||
8 | judgment of guilty or grant of supervision for a violation | ||||||
9 | of the Illinois Vehicle Code or a violation of a similar | ||||||
10 | provision contained in a county or municipal ordinance | ||||||
11 | committed in the county; or | ||||||
12 | (2) a fee of up to $5 paid by the defendant on a | ||||||
13 | judgment of guilty or a grant of supervision under Section | ||||||
14 | 5-9-1 of the Unified Code of Corrections for a felony; a | ||||||
15 | Class A, Class B, or Class C misdemeanor; a petty offense; | ||||||
16 | or a business offense. | ||||||
17 | (3) The clerk of the circuit court shall deposit the 5% | ||||||
18 | retained under this subsection into the Circuit Court Clerk | ||||||
19 | Operation and Administrative Fund to be used to defray the | ||||||
20 | costs of collection and disbursement of the drug court fee.
| ||||||
21 | (Source: P.A. 93-800, eff. 1-1-05; 94-1009, eff. 1-1-07.)
| ||||||
22 | (705 ILCS 105/27.6)
| ||||||
23 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
24 | penalties, bail balances
assessed or forfeited, and any other | ||||||
25 | amount paid by a person to the circuit
clerk equalling an |
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| |||||||
1 | amount of $55 or more, except the additional fee required
by | ||||||
2 | subsections (b) and (c), restitution under Section 5-5-6 of the
| ||||||
3 | Unified Code of Corrections, reimbursement for the costs of an | ||||||
4 | emergency
response as provided under Section 11-501 of the | ||||||
5 | Illinois Vehicle Code,
any fees collected for attending a | ||||||
6 | traffic safety program under paragraph (c)
of Supreme Court | ||||||
7 | Rule 529, any fee collected on behalf of a State's Attorney
| ||||||
8 | under Section 4-2002 of the Counties Code or a sheriff under | ||||||
9 | Section 4-5001
of the Counties Code, or any cost imposed under | ||||||
10 | Section 124A-5 of the Code of
Criminal Procedure of 1963, for | ||||||
11 | convictions, orders of supervision, or any
other disposition | ||||||
12 | for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | ||||||
13 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
14 | any
violation of the Child Passenger Protection Act, or a | ||||||
15 | similar provision of a
local ordinance, and except as provided | ||||||
16 | in subsection (d) shall be disbursed
within 60 days after | ||||||
17 | receipt by the circuit
clerk as follows: 44.5% shall be | ||||||
18 | disbursed to the entity authorized by law to
receive the fine | ||||||
19 | imposed in the case; 16.825% shall be disbursed to the State
| ||||||
20 | Treasurer; and 38.675% shall be disbursed to the county's | ||||||
21 | general corporate
fund. Of the 16.825% disbursed to the State | ||||||
22 | Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||||||
23 | the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||||||
24 | deposited into the Traffic and Criminal Conviction Surcharge | ||||||
25 | Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||||||
26 | and 6.948/17 shall be
deposited into the Trauma Center Fund. Of |
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| |||||||
1 | the 6.948/17 deposited into the
Trauma Center Fund from the | ||||||
2 | 16.825% disbursed to the State Treasurer, 50% shall
be | ||||||
3 | disbursed to the Department of Public Health and 50% shall be | ||||||
4 | disbursed to
the Department of Healthcare and Family Services. | ||||||
5 | For fiscal year 1993, amounts deposited into
the Violent Crime | ||||||
6 | Victims Assistance Fund, the Traffic and Criminal
Conviction | ||||||
7 | Surcharge Fund, or the Drivers Education Fund shall not exceed | ||||||
8 | 110%
of the amounts deposited into those funds in fiscal year | ||||||
9 | 1991. Any
amount that exceeds the 110% limit shall be | ||||||
10 | distributed as follows: 50%
shall be disbursed to the county's | ||||||
11 | general corporate fund and 50% shall be
disbursed to the entity | ||||||
12 | authorized by law to receive the fine imposed in
the case. 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 Section during the preceding year based upon
| ||||||
16 | independent verification of fines and fees. All counties shall | ||||||
17 | be subject
to this Section, except that counties with a | ||||||
18 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
19 | subject to this Section. For offenses
subject to this Section, | ||||||
20 | judges shall impose one total sum of money payable
for | ||||||
21 | violations. The circuit clerk may add on no additional amounts | ||||||
22 | except
for amounts that are required by Sections 27.3a and | ||||||
23 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
24 | by the judge. With
respect to money collected by the circuit | ||||||
25 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
26 | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
| |||||||
| |||||||
1 | clerk shall first deduct and pay amounts
required by Sections | ||||||
2 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
3 | limitation of home rule powers and functions under subsection | ||||||
4 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
5 | (b) In addition to any other fines and court costs assessed | ||||||
6 | by the courts,
any person convicted or receiving an order of | ||||||
7 | supervision for driving under
the influence of alcohol or drugs | ||||||
8 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
9 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
10 | administrative costs incurred by the clerk, shall be remitted | ||||||
11 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
12 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
13 | $100 shall not be considered a part of the
fine for purposes of | ||||||
14 | any reduction in the fine for time served either before or
| ||||||
15 | after sentencing. Not later than March 1 of each year the | ||||||
16 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
17 | remitted to the State Treasurer under
this subsection during | ||||||
18 | the preceding calendar year.
| ||||||
19 | (b-1) In addition to any other fines and court costs | ||||||
20 | assessed by the courts,
any person convicted or receiving an | ||||||
21 | order of supervision for driving under the
influence of alcohol | ||||||
22 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
23 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
24 | defray administrative costs incurred by the clerk,
shall be | ||||||
25 | remitted by the clerk to the Treasurer within 60 days after | ||||||
26 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
| |||||||
| |||||||
1 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
2 | considered a part of the fine for purposes of any reduction in | ||||||
3 | the fine for
time served either before or after sentencing. Not | ||||||
4 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
5 | a report of the amount of funds remitted to
the State Treasurer | ||||||
6 | under this subsection during the preceding calendar
year.
| ||||||
7 | (c) In addition to any other fines and court costs assessed | ||||||
8 | by the courts,
any person convicted for a violation of Sections | ||||||
9 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
10 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
11 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
12 | Control and Community Protection Act
shall pay an additional | ||||||
13 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
14 | less
2 1/2% that shall be used to defray administrative costs | ||||||
15 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
16 | Treasurer within 60 days after receipt
for deposit into the | ||||||
17 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
18 | considered a part of the fine for purposes of any reduction in | ||||||
19 | the fine for
time served either before or after sentencing. Not | ||||||
20 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
21 | a report of the amount of funds remitted to
the State Treasurer | ||||||
22 | under this subsection during the preceding calendar year.
| ||||||
23 | (c-1) In addition to any other fines and court costs | ||||||
24 | assessed by the
courts, any person sentenced for a violation of | ||||||
25 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
26 | Act, or the Methamphetamine Control and Community Protection |
| |||||||
| |||||||
1 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
2 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
3 | defray administrative costs incurred by the clerk, shall be | ||||||
4 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
5 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
6 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
7 | considered a part of the fine for purposes of any reduction in | ||||||
8 | the
fine for time served either before or after sentencing. Not | ||||||
9 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
10 | a report of the amount of funds
remitted to the State Treasurer | ||||||
11 | under this subsection during the preceding
calendar year.
| ||||||
12 | (d) The following amounts must be remitted to the State | ||||||
13 | Treasurer 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 of the Criminal Code of
1961;
| ||||||
18 | (2) 20% of the amounts collected for Class A and Class | ||||||
19 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
20 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
21 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
22 | 1961; and
| ||||||
23 | (3) 50% of the amounts collected for Class C | ||||||
24 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
25 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
26 | 1961.
|
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| |||||||
1 | (e) Any person who receives a disposition of court | ||||||
2 | supervision for a violation of the Illinois Vehicle Code shall, | ||||||
3 | in addition to any other fines, fees, and court costs, pay an | ||||||
4 | additional fee of $20, to be disbursed as provided in Section | ||||||
5 | 16-104c of the Illinois Vehicle Code. In addition to the fee of | ||||||
6 | $20, the person shall also pay a fee of $5, if not waived by the | ||||||
7 | court. If this $5 fee is collected, $4.50 of the fee shall be | ||||||
8 | deposited into the Circuit Court Clerk Operation and | ||||||
9 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
10 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
11 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
12 | (f) In addition to any other fines and court costs assessed | ||||||
13 | by the courts, any person who is found guilty of violating | ||||||
14 | Section 11-501(a) of the Illinois Vehicle Code, including any | ||||||
15 | person placed on court supervision for violating Section | ||||||
16 | 11-501(a), shall be fined $500, payable to the clerk of court, | ||||||
17 | who shall distribute the money as follows: $100 to the law | ||||||
18 | enforcement agency that made the arrest and $400 to the State | ||||||
19 | Treasurer for deposit into the General Revenue Fund. If the | ||||||
20 | person has been previously convicted of violating subsection | ||||||
21 | (a) or a similar provision of a local ordinance, the fine shall | ||||||
22 | be $ 1,000. In the event that more than one agency is | ||||||
23 | responsible for the arrest, the amount payable to law | ||||||
24 | enforcement agencies shall be shared equally. | ||||||
25 | (f-1) When a person has been adjudged guilty of an offense | ||||||
26 | in violation of Section 11-501 of the Illinois Vehicle Code, in |
| |||||||
| |||||||
1 | addition to any other disposition, penalty, or fine imposed, a | ||||||
2 | crime laboratory DUI analysis fee of $150 for each offense for | ||||||
3 | which the person was convicted shall be levied by the court for | ||||||
4 | each case in which a laboratory analysis occurred. Upon | ||||||
5 | verified petition of the person, the court may suspend payment | ||||||
6 | of all or part of the fee if it finds that the person does not | ||||||
7 | have the ability to pay the fee. | ||||||
8 | (f-2) In addition to any other disposition made under the | ||||||
9 | provisions of the Juvenile Court Act of 1987, any minor | ||||||
10 | adjudicated delinquent for an offense which if committed by an | ||||||
11 | adult would constitute a violation of Section 11-501 of the | ||||||
12 | Illinois Vehicle Code shall be assessed a crime laboratory DUI | ||||||
13 | analysis fee of $150 for each adjudication. Upon verified | ||||||
14 | petition of the minor, the court may suspend payment of all or | ||||||
15 | part of the fee if it finds that the minor does not have the | ||||||
16 | ability to pay the fee. The parent, guardian, or legal | ||||||
17 | custodian of the minor may pay some or all of the fee on the | ||||||
18 | minor's behalf. | ||||||
19 | (f-3) All crime laboratory DUI analysis fees provided for | ||||||
20 | under Section 5-9-1.9 of the Unified Code of Corrections shall | ||||||
21 | be collected by the clerk of the court. The clerk of court may | ||||||
22 | retain the amount of $10 from each collected analysis fee which | ||||||
23 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
24 | Administrative Fund to offset administrative costs incurred in | ||||||
25 | carrying out the clerk's responsibilities. | ||||||
26 | (f-4) In addition to any other fines, fees and costs |
| |||||||
| |||||||
1 | assessed by the courts, if a fine for a violation of Section | ||||||
2 | 11-605.1 of the Illinois Vehicle Code is $250 or greater, the | ||||||
3 | person who violated this Section shall be charged an additional | ||||||
4 | $125, which shall be deposited into the Transportation Safety | ||||||
5 | Highway Hire-back Fund. In the case of a second or subsequent | ||||||
6 | violation of this Section, if the fine is $750 or greater, the | ||||||
7 | person who violated this Section shall be charged an additional | ||||||
8 | $250, which shall be deposited into the Transportation Safety | ||||||
9 | Highway Hire-back Fund.
| ||||||
10 | (Source: P.A. 93-800, eff. 1-1-05; 94-556, eff. 9-11-05; | ||||||
11 | 94-1009, eff. 1-1-07.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|