Full Text of SB0818 94th General Assembly
SB0818sam001 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 4/11/2005
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LRB094 04447 RSP 44527 a |
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| AMENDMENT TO SENATE BILL 818
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| AMENDMENT NO. ______. Amend Senate Bill 818 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Police Training Act is amended by | 5 |
| changing Section 9 and adding Section 9.2 as follows:
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| (50 ILCS 705/9) (from Ch. 85, par. 509)
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| Sec. 9. A special fund is hereby established in the State | 8 |
| Treasury to
be known as "The Traffic and Criminal Conviction | 9 |
| Surcharge Fund" and shall
be financed as provided in
Sections
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| Section 9.1 and 9.2 of this Act and Section 5-9-1 of the
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| "Unified Code of Corrections", unless the fines, costs or | 12 |
| additional
amounts imposed are subject to disbursement by the | 13 |
| circuit clerk under
Section 27.5 of the Clerks of Courts Act. | 14 |
| Moneys in this Fund shall be
expended as follows:
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| (1) A portion of the total amount deposited in the Fund | 16 |
| may be used, as
appropriated by the General Assembly, for | 17 |
| the ordinary and contingent expenses and capital | 18 |
| development expenses
of the Illinois Law Enforcement | 19 |
| Training Standards Board;
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| (2) A portion of the total amount deposited in the Fund
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| shall be appropriated for the reimbursement of local | 22 |
| governmental agencies
participating in training programs | 23 |
| certified by the Board, in an amount
equaling 1/2 of the | 24 |
| total sum paid by such agencies during the State's previous
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| fiscal year for mandated training for probationary police | 2 |
| officers or
probationary county corrections officers and | 3 |
| for optional advanced and
specialized law enforcement or | 4 |
| county corrections training. These
reimbursements may | 5 |
| include the costs for tuition at training schools, the
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| salaries of trainees while in schools, and the necessary | 7 |
| travel and room
and board expenses for each trainee. If the | 8 |
| appropriations under this
paragraph (2) are not sufficient | 9 |
| to fully reimburse the participating local
governmental | 10 |
| agencies, the available funds shall be apportioned among | 11 |
| such
agencies, with priority first given to repayment of | 12 |
| the costs of mandatory
training given to law enforcement | 13 |
| officer or county corrections officer
recruits, then to | 14 |
| repayment of costs of advanced or specialized training
for | 15 |
| permanent police officers or permanent county corrections | 16 |
| officers;
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| (3) A portion of the total amount deposited in the Fund | 18 |
| may be used to
fund the "Intergovernmental Law Enforcement | 19 |
| Officer's In-Service Training
Act", veto overridden | 20 |
| October 29, 1981, as now or hereafter amended, at
a rate | 21 |
| and method to be determined by the board;
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| (4) A portion of the Fund also may be used by the | 23 |
| Illinois Department
of State Police for its ordinary and | 24 |
| contingent expenses and capital development expenses, | 25 |
| grants to fund community policing, the Illinois State | 26 |
| Police Academy, and expenses incurred in the training of | 27 |
| employees from
any State, county or municipal agency whose | 28 |
| function includes enforcement
of criminal or traffic law;
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| (5) A portion of the Fund may be used by the Board to | 30 |
| fund grant-in-aid
programs and services for the training of | 31 |
| employees from any county or
municipal agency whose | 32 |
| functions include corrections or the enforcement of
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| criminal or traffic
law. Of the amount going to the Board, | 34 |
| a portion of the total amount deposited into the Fund in |
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| accordance with Section 9.2 may be used to supplement the | 2 |
| Intergovernmental Law Enforcement Officer's In-Service | 3 |
| Training Act at a rate and method to be determined by the | 4 |
| Board. In addition, the Board may, subject to | 5 |
| appropriation, fund grants-in-aid programs and services, | 6 |
| including, but not limited to, (i) grants available to | 7 |
| State and local law enforcement agencies, (ii) law | 8 |
| enforcement research and technical assistance initiatives, | 9 |
| (iii) law enforcement technology and equipment | 10 |
| enhancements, (iv) executive, in-service, and advanced | 11 |
| training programs, and (v) other prioritized programs to | 12 |
| reform, renew, and enhance law enforcement operations and | 13 |
| practices or to enhance the detection and prevention of | 14 |
| crime within this State.
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| All payments from The Traffic and Criminal Conviction | 16 |
| Surcharge Fund shall
be made each year from moneys appropriated | 17 |
| for the purposes specified in
this Section. The amount | 18 |
| available from the Traffic and Criminal Conviction Surcharge | 19 |
| Fund for appropriation to the Board shall be 60% of annual | 20 |
| receipts in the Fund and the amount available for appropriation | 21 |
| to the Department of State Police shall be 40% of annual | 22 |
| receipts in the Fund. No more than 50% of any appropriation | 23 |
| under this Act shall be
spent in any city having a population | 24 |
| of more than 500,000. The State
Comptroller and the State | 25 |
| Treasurer shall from time to time, at the
direction of the | 26 |
| Governor, transfer from The Traffic and Criminal
Conviction | 27 |
| Surcharge Fund to the General Revenue Fund in the State | 28 |
| Treasury
such amounts as the Governor determines are in excess | 29 |
| of the amounts
required to meet the obligations of The Traffic | 30 |
| and Criminal Conviction
Surcharge Fund.
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| (Source: P.A. 88-586, eff. 8-12-94; 89-464, eff. 6-13-96.)
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| (50 ILCS 705/9.2 new) | 33 |
| Sec. 9.2. Law Enforcement Revitalization and Public |
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| Protection Surcharge.
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| (a) The Secretary of Financial and Professional Regulation | 3 |
| shall collect the Law Enforcement Revitalization and Public | 4 |
| Protection Surcharge from every insurance company classified | 5 |
| to transact business in this State pursuant to paragraphs (b), | 6 |
| (c), (e), (f), (g), (h), (i), and (j) of Class 2 and pursuant | 7 |
| to Class 3 of Section 4 of the Illinois Insurance Code. For | 8 |
| premiums written during calendar year 2006, the surcharge shall | 9 |
| be in an amount equal to 1% of the premium on the following | 10 |
| lines of business: multiple peril (non-liability portion), | 11 |
| commercial multiple peril (liability portion), ocean marine, | 12 |
| financial guaranty, products liability, commercial auto | 13 |
| no-fault and other commercial auto liability, commercial | 14 |
| physical damage, fidelity, surety, boiler and machinery, and | 15 |
| credit receipts of the insurance company from business done in | 16 |
| the State during the preceding year, and shall be used in | 17 |
| accordance with Section 9 of this Act and shall be collected on | 18 |
| July 31, 2007 and annually thereafter. | 19 |
| (b) For premiums written on or after July 1, 2005 and | 20 |
| before January 1, 2006, the surcharge shall be in an amount | 21 |
| equal to 2% of the premium written on the following lines of | 22 |
| business: multiple peril (non-liability portion), commercial | 23 |
| multiple peril (liability portion), ocean marine, financial | 24 |
| guaranty, products liability, commercial auto no-fault and | 25 |
| other commercial auto liability, commercial physical damage, | 26 |
| fidelity, surety, boiler and machinery, and credit receipts of | 27 |
| the insurance company from business done in the State during | 28 |
| the preceding year, and shall be used in accordance with | 29 |
| Section 9 of this Act. Premiums written after July 1, 2005 | 30 |
| shall be payable in 2 installments. The surcharge due on | 31 |
| January 15, 2006 is based on the premiums written from July | 32 |
| through September 2005. The second installment is due July 15, | 33 |
| 2006 based on the premiums written from October through | 34 |
| December of 2005. For purposes of this subsection (b), the |
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| company shall remit the surcharge based on the | 2 |
| Property/Casualty Quarterly Statement Blank, as filed with the | 3 |
| National Association of Insurance Commissioners. | 4 |
| (c) The Department of Financial and Professional | 5 |
| Regulation may revoke the license of any company, association, | 6 |
| co-partnership, or aggregation of individuals licensed by the | 7 |
| Department to do business in the State if that entity is found | 8 |
| to be in violation of the requirements of this Section 9.2.
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| (d) If a company fails to pay the full amount of a Law | 10 |
| Enforcement Revitalization and Public Protection Surcharge of | 11 |
| $100 or more due under this Section, 10% of the deficiency | 12 |
| shall be added to the amount due as a penalty for each month or | 13 |
| part of a month that the surcharge remains unpaid. | 14 |
| (e) The Department of Financial and Professional | 15 |
| Regulation may enforce the collection of any delinquent payment | 16 |
| or penalty by legal action or in any other manner by which the | 17 |
| collection of debts due the State may be enforced under the | 18 |
| laws of this State. | 19 |
| (f) To recoup the collection costs of the Department of | 20 |
| Financial and Professional Regulation, each year 2% of all | 21 |
| moneys collected under this Section shall be transferred to the | 22 |
| Insurance Financial Regulation Fund.
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| Section 99. Effective date. This Act takes effect July 1, | 24 |
| 2005.".
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