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