State Government Administration Committee
Filed: 3/12/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4528
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4528 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning scholarship funding."; and
| ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following: | ||||||
7 | "Section 5. The State Finance Act is amended by adding | ||||||
8 | Section 5.708 as follows: | ||||||
9 | (30 ILCS 105/5.708 new) | ||||||
10 | Sec. 5.708. The 21st Century Scholarship Program Fund. | ||||||
11 | Section 10. The Higher Education Student Assistance Act is | ||||||
12 | amended by adding Section 65.85 as follows: | ||||||
13 | (110 ILCS 947/65.85 new)
|
| |||||||
| |||||||
1 | Sec. 65.85. 21st Century Scholarship Program and Fund. The | ||||||
2 | 21st Century Scholarship Program Fund is created as a special | ||||||
3 | fund in the State treasury. Moneys in the Fund shall be | ||||||
4 | appropriated to the Illinois Student Assistance Commission for | ||||||
5 | scholarships under a program to be established by the | ||||||
6 | Commission with the following requirements: | ||||||
7 | (1) To qualify, a student and at least one parent or | ||||||
8 | guardian must sign a pledge stating that the student will | ||||||
9 | graduate from high school without an arrest record and | ||||||
10 | without abusing drugs or alcohol. The student must also not | ||||||
11 | be suspended or expelled from any high school for violent | ||||||
12 | behavior or abuse of drugs or alcohol. The student must | ||||||
13 | also have at least a C average. | ||||||
14 | (2) A student who fulfills the pledge and therefore | ||||||
15 | qualifies for the scholarship shall be identified by a | ||||||
16 | guidance counselor or administrator at the high school the | ||||||
17 | student attends. | ||||||
18 | (3) The scholarship will pay for one full year's | ||||||
19 | tuition at a local community college of the student's | ||||||
20 | choice. | ||||||
21 | Notwithstanding any other rulemaking authority that may | ||||||
22 | exist, neither the Governor nor any agency or agency head under | ||||||
23 | the jurisdiction of the Governor has any authority to make or | ||||||
24 | promulgate rules to implement or enforce the provisions of this | ||||||
25 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
26 | Governor believes that rules are necessary to implement or |
| |||||||
| |||||||
1 | enforce the provisions of this amendatory Act of the 95th | ||||||
2 | General Assembly, the Governor may suggest rules to the General | ||||||
3 | Assembly by filing them with the Clerk of the House and | ||||||
4 | Secretary of the Senate and by requesting that the General | ||||||
5 | Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this amendatory Act of | ||||||
12 | the 95th General Assembly, "rules" is given the meaning | ||||||
13 | contained in Section 1-70 of the Illinois Administrative | ||||||
14 | Procedure Act, and "agency" and "agency head" are given the | ||||||
15 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
16 | Administrative Procedure Act to the extent that such | ||||||
17 | definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor.
| ||||||
19 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
20 | Section 27.6 as follows:
| ||||||
21 | (705 ILCS 105/27.6)
| ||||||
22 | (Text of Section after amendment by P.A. 95-600 ) | ||||||
23 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
24 | penalties, bail balances
assessed or forfeited, and any other |
| |||||||
| |||||||
1 | amount paid by a person to the circuit
clerk equalling an | ||||||
2 | amount of $55 or more, except the fee imposed by Section | ||||||
3 | 5-9-1.16 of the Unified Code of Corrections, the fine imposed | ||||||
4 | by Section 5-9-1.15
5-9-1.14 of the Unified Code of | ||||||
5 | Corrections, the additional fee required
by subsections (b) and | ||||||
6 | (c), restitution under Section 5-5-6 of the
Unified Code of | ||||||
7 | Corrections, reimbursement for the costs of an emergency
| ||||||
8 | response as provided under Section 11-501 of the Illinois | ||||||
9 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
10 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
11 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
12 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
13 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
14 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
15 | supervision, or any
other disposition for a violation of | ||||||
16 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
17 | similar provision of a local ordinance, and any
violation of | ||||||
18 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
19 | local ordinance, and except as provided in subsections (d) and | ||||||
20 | (g)
(f) shall be disbursed
within 60 days after receipt by the | ||||||
21 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
22 | entity authorized by law to
receive the fine imposed in the | ||||||
23 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
24 | 38.675% shall be disbursed to the county's general corporate
| ||||||
25 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
26 | shall be deposited
by the State Treasurer into the Violent |
| |||||||
| |||||||
1 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
2 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
3 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
4 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
5 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
6 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
7 | Department of Public Health and 50% shall be disbursed to
the | ||||||
8 | Department of Healthcare and Family Services. For fiscal year | ||||||
9 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
10 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
11 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
12 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
13 | amount that exceeds the 110% limit shall be distributed as | ||||||
14 | follows: 50%
shall be disbursed to the county's general | ||||||
15 | corporate fund and 50% shall be
disbursed to the entity | ||||||
16 | authorized by law to receive the fine imposed in
the case. Not | ||||||
17 | later than March 1 of each year the circuit clerk
shall submit | ||||||
18 | a report of the amount of funds remitted to the State
Treasurer | ||||||
19 | under this Section during the preceding year based upon
| ||||||
20 | independent verification of fines and fees. All counties shall | ||||||
21 | be subject
to this Section, except that counties with a | ||||||
22 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
23 | subject to this Section. For offenses
subject to this Section, | ||||||
24 | judges shall impose one total sum of money payable
for | ||||||
25 | violations. The circuit clerk may add on no additional amounts | ||||||
26 | except
for amounts that are required by Sections 27.3a and |
| |||||||
| |||||||
1 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
2 | by the judge. With
respect to money collected by the circuit | ||||||
3 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
4 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
5 | clerk shall first deduct and pay amounts
required by Sections | ||||||
6 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
7 | limitation of home rule powers and functions under subsection | ||||||
8 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
9 | (b) In addition to any other fines and court costs assessed | ||||||
10 | by the courts,
any person convicted or receiving an order of | ||||||
11 | supervision for driving under
the influence of alcohol or drugs | ||||||
12 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
13 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
14 | administrative costs incurred by the clerk, shall be remitted | ||||||
15 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
16 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
17 | $100 shall not be considered a part of the
fine for purposes of | ||||||
18 | any reduction in the fine for time served either before or
| ||||||
19 | after sentencing. Not later than March 1 of each year the | ||||||
20 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
21 | remitted to the State Treasurer under
this subsection during | ||||||
22 | the preceding calendar year.
| ||||||
23 | (b-1) In addition to any other fines and court costs | ||||||
24 | assessed by the courts,
any person convicted or receiving an | ||||||
25 | order of supervision for driving under the
influence of alcohol | ||||||
26 | or drugs shall pay an additional fee of $5 to the clerk
of the |
| |||||||
| |||||||
1 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
2 | defray administrative costs incurred by the clerk,
shall be | ||||||
3 | remitted by the clerk to the Treasurer within 60 days after | ||||||
4 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
5 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
6 | considered a part of the fine for purposes of any reduction in | ||||||
7 | the fine for
time served either before or after sentencing. Not | ||||||
8 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
9 | a report of the amount of funds remitted to
the State Treasurer | ||||||
10 | under this subsection during the preceding calendar
year.
| ||||||
11 | (c) In addition to any other fines and court costs assessed | ||||||
12 | by the courts,
any person convicted for a violation of Sections | ||||||
13 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||||||
14 | person sentenced for a violation of the Cannabis
Control Act, | ||||||
15 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
16 | Control and Community Protection Act
shall pay an additional | ||||||
17 | fee of $100 to the clerk
of the circuit court. This amount, | ||||||
18 | less
2 1/2% that shall be used to defray administrative costs | ||||||
19 | incurred by the clerk,
shall be remitted by the clerk to the | ||||||
20 | Treasurer within 60 days after receipt
for deposit into the | ||||||
21 | Trauma Center Fund. This additional fee of $100 shall not
be | ||||||
22 | considered a part of the fine for purposes of any reduction in | ||||||
23 | the fine for
time served either before or after sentencing. Not | ||||||
24 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
25 | a report of the amount of funds remitted to
the State Treasurer | ||||||
26 | under this subsection during the preceding calendar year.
|
| |||||||
| |||||||
1 | (c-1) In addition to any other fines and court costs | ||||||
2 | assessed by the
courts, any person sentenced for a violation of | ||||||
3 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
4 | Act, or the Methamphetamine Control and Community Protection | ||||||
5 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
6 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
7 | defray administrative costs incurred by the clerk, shall be | ||||||
8 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
9 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
10 | Research Trust Fund. This additional fee of $5
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.
| ||||||
16 | (d) The following amounts must be remitted to the State | ||||||
17 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
18 | (1) 50% of the amounts collected for felony offenses | ||||||
19 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
20 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
21 | Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||||||
22 | (2) 20% of the amounts collected for Class A and Class | ||||||
23 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
24 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
25 | for Animals Act and Section 26-5 of the Criminal
Code of | ||||||
26 | 1961; and
|
| |||||||
| |||||||
1 | (3) 50% of the amounts collected for Class C | ||||||
2 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
3 | for Animals Act and Section 26-5 of the
Criminal Code of | ||||||
4 | 1961.
| ||||||
5 | (e) Any person who receives a disposition of court | ||||||
6 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
7 | similar provision of a local ordinance shall, in addition to | ||||||
8 | any other fines, fees, and court costs, pay an additional fee | ||||||
9 | of $20, to be disbursed as provided in Section 16-104c of the | ||||||
10 | Illinois Vehicle Code. In addition to the fee of $20, the | ||||||
11 | person shall also pay a fee of $5, if not waived by the court. | ||||||
12 | If this $5 fee is collected, $4.50 of the fee shall be | ||||||
13 | deposited into the Circuit Court Clerk Operation and | ||||||
14 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
15 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
16 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
17 | (f) This Section does not apply to the additional child | ||||||
18 | pornography fines assessed and collected under Section | ||||||
19 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
20 | (g)
(f) Of the amounts collected as fines under subsection | ||||||
21 | (b) of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
22 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
23 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
24 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
25 | to be used to offset the costs incurred by the Circuit Court | ||||||
26 | Clerk in performing the additional duties required to collect |
| |||||||
| |||||||
1 | and disburse funds to entities of State and local government as | ||||||
2 | provided by law.
| ||||||
3 | (h) Notwithstanding any other rulemaking authority that | ||||||
4 | may exist, neither the Governor nor any agency or agency head | ||||||
5 | under the jurisdiction of the Governor has any authority to | ||||||
6 | make or promulgate rules to implement or enforce the provisions | ||||||
7 | of this amendatory Act of the 95th General Assembly. If, | ||||||
8 | however, the Governor believes that rules are necessary to | ||||||
9 | implement or enforce the provisions of this amendatory Act of | ||||||
10 | the 95th General Assembly, the Governor may suggest rules to | ||||||
11 | the General Assembly by filing them with the Clerk of the House | ||||||
12 | and Secretary of the Senate and by requesting that the General | ||||||
13 | Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this amendatory Act of | ||||||
20 | the 95th General Assembly, "rules" is given the meaning | ||||||
21 | contained in Section 1-70 of the Illinois Administrative | ||||||
22 | Procedure Act, and "agency" and "agency head" are given the | ||||||
23 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
24 | Administrative Procedure Act to the extent that such | ||||||
25 | definitions apply to agencies or agency heads under the | ||||||
26 | jurisdiction of the Governor. |
| |||||||
| |||||||
1 | (Source: P.A. 94-556, eff. 9-11-05; 94-1009, eff. 1-1-07; | ||||||
2 | 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, eff. 8-24-07; | ||||||
3 | 95-600, eff. 6-1-08; revised 11-19-07.)
| ||||||
4 | Section 20. The Unified Code of Corrections is amended by | ||||||
5 | adding Section 5-9-1.16 as follows: | ||||||
6 | (730 ILCS 5/5-9-1.16 new)
| ||||||
7 | Sec. 5-9-1.16. Probation; supervision; judicial action | ||||||
8 | fee. In addition to any other penalty imposed, any person who | ||||||
9 | receives a sentence or disposition of probation, as defined in | ||||||
10 | Section 5-1-18, or a disposition of court supervision, as | ||||||
11 | defined in Section 5-1-21, shall pay a judicial action fee of | ||||||
12 | $100 to the clerk of the court. This additional fee shall be | ||||||
13 | remitted by the clerk of the court to the State Treasurer | ||||||
14 | within 60 days after receipt for deposit into the 21st Century | ||||||
15 | Scholarship Program Fund. This additional fee of $100 shall not | ||||||
16 | be considered a part of the fine for purposes of any reduction | ||||||
17 | in the fine for time served. Not later than March 1 of each | ||||||
18 | year the Circuit Clerk shall submit a report of the amount of | ||||||
19 | funds remitted to the State Treasurer under this Section during | ||||||
20 | the preceding calendar year. | ||||||
21 | Notwithstanding any other rulemaking authority that may | ||||||
22 | exist, neither the Governor nor any agency or agency head under | ||||||
23 | the jurisdiction of the Governor has any authority to make or | ||||||
24 | promulgate rules to implement or enforce the provisions of this |
| |||||||
| |||||||
1 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
2 | Governor believes that rules are necessary to implement or | ||||||
3 | enforce the provisions of this amendatory Act of the 95th | ||||||
4 | General Assembly, the Governor may suggest rules to the General | ||||||
5 | Assembly by filing them with the Clerk of the House and | ||||||
6 | Secretary of the Senate and by requesting that the General | ||||||
7 | Assembly authorize such rulemaking by law, enact those | ||||||
8 | suggested rules into law, or take any other appropriate action | ||||||
9 | in the General Assembly's discretion. Nothing contained in this | ||||||
10 | amendatory Act of the 95th General Assembly shall be | ||||||
11 | interpreted to grant rulemaking authority under any other | ||||||
12 | Illinois statute where such authority is not otherwise | ||||||
13 | explicitly given. For the purposes of this amendatory Act of | ||||||
14 | the 95th General Assembly, "rules" is given the meaning | ||||||
15 | contained in Section 1-70 of the Illinois Administrative | ||||||
16 | Procedure Act, and "agency" and "agency head" are given the | ||||||
17 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
18 | Administrative Procedure Act to the extent that such | ||||||
19 | definitions apply to agencies or agency heads under the | ||||||
20 | jurisdiction of the Governor. ".
|