Full Text of HB4528 95th General Assembly
HB4528ham001 95TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 3/12/2008
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09500HB4528ham001 |
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LRB095 17813 WGH 47357 a |
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| AMENDMENT TO HOUSE BILL 4528
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| AMENDMENT NO. ______. Amend House Bill 4528 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT concerning scholarship funding."; and
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| 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)
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| 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 |
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| 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.
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| Section 15. The Clerks of Courts Act is amended by changing | 20 |
| Section 27.6 as follows:
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| (705 ILCS 105/27.6)
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| (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 |
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| 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
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| 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
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| 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
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| fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | 26 |
| shall be deposited
by the State Treasurer into the Violent |
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| 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
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| 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
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| 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 |
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| 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.
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| (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
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| 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.
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| (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 |
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| 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.
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| (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.
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| (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
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| 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.
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| (d) The following amounts must be remitted to the State | 17 |
| Treasurer for
deposit into the Illinois Animal Abuse Fund:
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| (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;
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| (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
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| (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.
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| (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.
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| (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.
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| (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 |
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| and disburse funds to entities of State and local government as | 2 |
| provided by law.
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| (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. |
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| (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.)
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| 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)
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| 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 |
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09500HB4528ham001 |
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LRB095 17813 WGH 47357 a |
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| 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. ".
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