093_SB0874ham001

 










                                     LRB093 02818 SJM 17306 a

 1                    AMENDMENT TO SENATE BILL 874

 2        AMENDMENT NO.     .  Amend Senate Bill 874  by  replacing
 3    everything after the enacting clause with the following:

 4                             "ARTICLE 1

 5        Section  1-1.  Short title.  This Act may be cited as the
 6    FY2004 Budget Implementation  (State  Finance-Administration)
 7    Act.

 8        Section  1-5.  Purpose.  It is the purpose of this Act to
 9    make changes relating to  State  finance-administration  that
10    are necessary to implement the State's FY2004 budget.

11                             ARTICLE 20

12        Section   20-5.  The  Department  of  Central  Management
13    Services Law of the Civil Administrative Code of Illinois  is
14    amended by adding Section 405-410 as follows:

15        (20 ILCS 405/405-410 new)
16        Sec.   405-410.  Transfer   of   Information   Technology
17    functions.
18        (a)  Notwithstanding any other law to the contrary, on or
 
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 1    before  June  30,  2004,  the  Director of Central Management
 2    Services, working in cooperation with  the  Director  of  any
 3    other  agency,  department,  board,  or  commission  directly
 4    responsible  to the Governor, may direct the transfer, to the
 5    Department  of  Central   Management   Services,   of   those
 6    information  technology functions at that agency, department,
 7    board, or commission that are suitable for centralization.
 8        Upon  receipt  of  the  written  direction  to   transfer
 9    information technology functions to the Department of Central
10    Management  Services,  the personnel, equipment, and property
11    (both real and personal) directly relating to the transferred
12    functions shall be transferred to the Department  of  Central
13    Management Services, and the relevant documents, records, and
14    correspondence   shall  be  transferred  or  copied,  as  the
15    Director may prescribe.
16        (b)  Upon receiving written direction from  the  Director
17    of Central Management Services, the Comptroller and Treasurer
18    are  authorized  to  transfer  the  unexpended balance of any
19    appropriations  related   to   the   information   technology
20    functions transferred to the Department of Central Management
21    Services and shall make the necessary fund transfers from any
22    special  fund in the State Treasury or from any other federal
23    or State trust fund held by  the  Treasurer  to  the  General
24    Revenue  Fund for use by the Department of Central Management
25    Services in support of information  technology  functions  or
26    any  other  related  costs  or  expenses of the Department of
27    Central Management Services.
28        (c)  The rights  of  employees  and  the  State  and  its
29    agencies  under  the Personnel Code and applicable collective
30    bargaining agreements or under any  pension,  retirement,  or
31    annuity plan shall not be affected by any transfer under this
32    Section.
33        (d)  The  functions  transferred  to  the  Department  of
34    Central  Management  Services by this Section shall be vested
 
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 1    in and shall  be  exercised  by  the  Department  of  Central
 2    Management  Services.  Each act done in the exercise of those
 3    functions shall have the same legal effect as if done by  the
 4    agencies,  offices,  divisions,  departments, bureaus, boards
 5    and commissions from which they were transferred.
 6        Every person or other entity shall be subject to the same
 7    obligations and duties and any penalties, civil or  criminal,
 8    arising  therefrom,  and  shall  have the same rights arising
 9    from the exercise of such rights, powers, and duties  as  had
10    been   exercised   by   the   agencies,  offices,  divisions,
11    departments, bureaus, boards, and commissions from which they
12    were transferred.
13        Whenever reports or notices are now required to  be  made
14    or  given  or  papers or documents furnished or served by any
15    person in regards to the functions transferred to or upon the
16    agencies, offices, divisions, departments,  bureaus,  boards,
17    and  commissions  from  which the functions were transferred,
18    the same shall be made, given, furnished  or  served  in  the
19    same  manner  to or upon the Department of Central Management
20    Services.
21        This Section does not affect any act done,  ratified,  or
22    cancelled or any right occurring or established or any action
23    or  proceeding  had or commenced in an administrative, civil,
24    or criminal cause regarding the  functions  transferred,  but
25    those  proceedings  may  be  continued  by  the Department of
26    Central Management Services.
27        This Section does not affect the legality of any rules in
28    the Illinois  Administrative  Code  regarding  the  functions
29    transferred  in  this  Section  that  are  in  force  on  the
30    effective  date  of this Section.  If necessary, however, the
31    affected agencies shall propose, adopt, or repeal rules, rule
32    amendments,  and  rule  recodifications  as  appropriate   to
33    effectuate this Section.
 
                            -4-      LRB093 02818 SJM 17306 a
 1                             ARTICLE 25

 2        Section  25-5.  The Civil Administrative Code of Illinois
 3    is amended by changing Sections 1-5, 5-15, 5-20, and 5-120 as
 4    follows:

 5        (20 ILCS 5/1-5)
 6        Sec. 1-5.  Articles.  The Civil  Administrative  Code  of
 7    Illinois consists of the following Articles:
 8        Article   1.   General  Provisions  (20  ILCS  5/1-1  and
 9    following).
10        Article 5. Departments of State Government Law  (20  ILCS
11    5/5-1 and following).
12        Article 50. State Budget Law (15 ILCS 20/).
13        Article 110. Department on Aging Law (20 ILCS 110/).
14        Article  205.  Department  of  Agriculture  Law  (20 ILCS
15    205/).
16        Article 250.  State Fair Grounds Title Law (5 ILCS 620/).
17        Article 310. Department of Human Services (Alcoholism and
18    Substance Abuse) Law (20 ILCS 310/).
19        Article 405. Department of  Central  Management  Services
20    Law (20 ILCS 405/).
21        Article  510.  Department of Children and Family Services
22    Powers Law (20 ILCS 510/).
23        Article  605.  Department  of   Commerce   and   Economic
24    Opportunity Community Affairs Law (20 ILCS 605/).
25        Article    805.    Department    of   Natural   Resources
26    (Conservation) Law (20 ILCS 805/).
27        Article 1005. Department of Employment Security  Law  (20
28    ILCS 1005/).
29        Article  1405.  Department  of  Insurance  Law  (20  ILCS
30    1405/).
31        Article 1505. Department of Labor Law (20 ILCS 1505/).
32        Article 1710. Department of Human Services (Mental Health
 
                            -5-      LRB093 02818 SJM 17306 a
 1    and Developmental Disabilities) Law (20 ILCS 1710/).
 2        Article  1905. Department of Natural Resources (Mines and
 3    Minerals) Law (20 ILCS 1905/).
 4        Article 2005. Department of Nuclear Safety Law  (20  ILCS
 5    2005/).
 6        Article  2105.  Department of Professional Regulation Law
 7    (20 ILCS 2105/).
 8        Article 2205. Department  of  Public  Aid  Law  (20  ILCS
 9    2205/).
10        Article  2310.  Department  of  Public  Health Powers and
11    Duties Law (20 ILCS 2310/).
12        Article 2505. Department of Revenue Law (20 ILCS 2505/).
13        Article  2510.  Certified  Audit  Program  Law  (20  ILCS
14    2510/).
15        Article 2605. Department of State  Police  Law  (20  ILCS
16    2605/).
17        Article  2705.  Department of Transportation Law (20 ILCS
18    2705/).
19        Article  3000.  University  of   Illinois   Exercise   of
20    Functions and Duties Law (110 ILCS 355/).
21    (Source:  P.A.  91-239,  eff.  1-1-00;  92-16,  eff. 6-28-01;
22    92-651, eff. 7-11-02.)

23        (20 ILCS 5/5-15) (was 20 ILCS 5/3)
24        Sec.  5-15.   Departments  of  State   government.    The
25    Departments of State government are created as follows:
26        The Department on Aging.
27        The Department of Agriculture.
28        The Department of Central Management Services.
29        The Department of Children and Family Services.
30        The  Department  of  Commerce  and  Economic  Opportunity
31    Community Affairs.
32        The Department of Corrections.
33        The Department of Employment Security.
 
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 1        The Department of Financial Institutions.
 2        The Department of Human Rights.
 3        The Department of Human Services.
 4        The Department of Insurance.
 5        The Department of Labor.
 6        The Department of the Lottery.
 7        The Department of Natural Resources.
 8        The Department of Nuclear Safety.
 9        The Department of Professional Regulation.
10        The Department of Public Aid.
11        The Department of Public Health.
12        The Department of Revenue.
13        The Department of State Police.
14        The Department of Transportation.
15        The Department of Veterans' Affairs.
16    (Source: P.A. 91-239, eff. 1-1-00.)

17        (20 ILCS 5/5-20) (was 20 ILCS 5/4)
18        Sec.  5-20.  Heads of departments.  Each department shall
19    have an officer as its head who shall be known as director or
20    secretary and who shall, subject to  the  provisions  of  the
21    Civil Administrative Code of Illinois, execute the powers and
22    discharge  the  duties vested by law in his or her respective
23    department.
24        The following officers are hereby created:
25        Director of Aging, for the Department on Aging.
26        Director  of   Agriculture,   for   the   Department   of
27    Agriculture.
28        Director   of   Central   Management  Services,  for  the
29    Department of Central Management Services.
30        Director  of  Children  and  Family  Services,  for   the
31    Department of Children and Family Services.
32        Director  of  Commerce and Economic Opportunity Community
33    Affairs,  for  the  Department  of  Commerce   and   Economic
 
                            -7-      LRB093 02818 SJM 17306 a
 1    Opportunity Community Affairs.
 2        Director   of   Corrections,   for   the   Department  of
 3    Corrections.
 4        Director of Employment Security, for  the  Department  of
 5    Employment Security.
 6        Director of Financial Institutions, for the Department of
 7    Financial Institutions.
 8        Director  of  Human  Rights,  for the Department of Human
 9    Rights.
10        Secretary of Human Services, for the Department of  Human
11    Services.
12        Director of Insurance, for the Department of Insurance.
13        Director of Labor, for the Department of Labor.
14        Director  of  the  Lottery,  for  the  Department  of the
15    Lottery.
16        Director of Natural  Resources,  for  the  Department  of
17    Natural Resources.
18        Director of Nuclear Safety, for the Department of Nuclear
19    Safety.
20        Director  of  Professional Regulation, for the Department
21    of Professional Regulation.
22        Director of Public Aid, for the Department of Public Aid.
23        Director of Public Health, for the Department  of  Public
24    Health.
25        Director of Revenue, for the Department of Revenue.
26        Director  of  State  Police,  for the Department of State
27    Police.
28        Secretary  of  Transportation,  for  the  Department   of
29    Transportation.
30        Director  of  Veterans'  Affairs,  for  the Department of
31    Veterans' Affairs.
32    (Source: P.A. 91-239, eff. 1-1-00.)

33        (20 ILCS 5/5-120) (was 20 ILCS 5/5.13g)
 
                            -8-      LRB093 02818 SJM 17306 a
 1        Sec. 5-120. In the Department of  Commerce  and  Economic
 2    Opportunity Community Affairs. Assistant Director of Commerce
 3    and Economic Opportunity Community Affairs.
 4    (Source: P.A. 91-239, eff. 1-1-00.)

 5        Section  25-10.  The Department of Commerce and Community
 6    Affairs Law of the Civil Administrative Code of  Illinois  is
 7    amended  by  changing  Sections 605-1 and 605-5 and by adding
 8    Section 605-7 as follows:

 9        (20 ILCS 605/605-1)
10        Sec. 605-1. Article short title. This Article 605 of  the
11    Civil  Administrative  Code  of  Illinois may be cited as the
12    Department of Commerce  and  Economic  Opportunity  Community
13    Affairs Law.
14    (Source: P.A. 91-239, eff. 1-1-00.)

15        (20 ILCS 605/605-5) (was 20 ILCS 605/46.1 in part)
16        Sec.   605-5.   Definitions.  As  used  in  the  Sections
17    following this Section:
18        "Department"  means  the  Department  of   Commerce   and
19    Economic Opportunity Community Affairs.
20        "Director"  means  the  Director of Commerce and Economic
21    Opportunity Community Affairs.
22        "Local  government"  means  every  county,  municipality,
23    township,  school  district,  and   other   local   political
24    subdivision having authority to enact laws and ordinances, to
25    administer  laws and ordinances, to raise taxes, or to expend
26    funds.
27    (Source: P.A. 91-239, eff. 1-1-00.)

28        (20 ILCS 605/605-7 new)
29        Sec. 605-7.  Name change. On the effective date  of  this
30    amendatory  Act of the 93rd General Assembly, the name of the
 
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 1    Department of Commerce and Community Affairs  is  changed  to
 2    the   Department   of   Commerce  and  Economic  Opportunity.
 3    References in any law, appropriation, rule,  form,  or  other
 4    document  (i)  to  the  Department  of Commerce and Community
 5    Affairs or to DCCA are deemed, in appropriate contexts, to be
 6    references  to  the  Department  of  Commerce  and   Economic
 7    Opportunity  for  all  purposes  and  (ii) to the Director of
 8    Commerce and Community Affairs  are  deemed,  in  appropriate
 9    contexts,  to  be  references to the Director of Commerce and
10    Economic Opportunity for all purposes.

11                             ARTICLE 30

12        Section 30-5.  The Illinois Procurement Code  is  amended
13    by  changing  Section  50-11  and  adding  Section  50-12  as
14    follows:

15        (30 ILCS 500/50-11)
16        Sec. 50-11.  Debt delinquency.
17        (a)  No  person  shall  submit  a bid for or enter into a
18    contract with a State agency under this Code if  that  person
19    knows  or  should  know  that  he  or she or any affiliate is
20    delinquent in the payment of any debt to  the  State,  unless
21    the  person  or affiliate has entered into a deferred payment
22    plan to pay off the debt.  For purposes of this Section,  the
23    phrase  "delinquent  in  the  payment  of  any debt" shall be
24    determined by the Debt Collection Board. For purposes of this
25    Section, the term  "affiliate"  means  any  entity  that  (1)
26    directly,  indirectly,  or  constructively  controls  another
27    entity,   (2)  is  directly,  indirectly,  or  constructively
28    controlled by another  entity,  or  (3)  is  subject  to  the
29    control  of  a common entity. For purposes of this subsection
30    (a), a person controls an entity if the person owns, directly
31    or individually, more than 10% of the  voting  securities  of
 
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 1    that entity. As used in this subsection (a), the term "voting
 2    security"  means  a security that (1) confers upon the holder
 3    the right to vote for the election of members of the board of
 4    directors or similar governing body of the business or (2) is
 5    convertible into, or entitles the holder to receive upon  its
 6    exercise,  a  security  that  confers such a right to vote. A
 7    general partnership interest is a voting security.
 8        (b)  Every bid submitted to and contract executed by  the
 9    State   shall  contain  a  certification  by  the  bidder  or
10    contractor that the  contractor  and  its  affiliate  is  not
11    barred  from  being awarded a contract under this Section and
12    that the contractor acknowledges that the  contracting  State
13    agency  may  declare  the  contract void if the certification
14    completed pursuant to this subsection (b) is false.
15    (Source: P.A. 92-404, eff. 7-1-02.)

16        (30 ILCS 500/50-12 new)
17        Sec. 50-12. Collection and  remittance  of  Illinois  Use
18    Tax.
19        (a)  No  person  shall enter into a contract with a State
20    agency under this Code unless the person and  all  affiliates
21    of the person collect and remit Illinois Use Tax on all sales
22    of  tangible  personal property into the State of Illinois in
23    accordance with the provisions of the Illinois  Use  Tax  Act
24    regardless  of whether the person or affiliate is a "retailer
25    maintaining a place of business within this State" as defined
26    in Section 2 of  the  Use  Tax  Act.  For  purposes  of  this
27    Section,  the  term  "affiliate"  means  any  entity that (1)
28    directly,  indirectly,  or  constructively  controls  another
29    entity,  (2)  is  directly,  indirectly,  or   constructively
30    controlled  by  another  entity,  or  (3)  is  subject to the
31    control of a common entity. For purposes of  this  subsection
32    (a),  an  entity controls another entity if it owns, directly
33    or individually, more than 10% of the  voting  securities  of
 
                            -11-     LRB093 02818 SJM 17306 a
 1    that entity. As used in this subsection (a), the term "voting
 2    security"  means  a security that (1) confers upon the holder
 3    the right to vote for the election of members of the board of
 4    directors or similar governing body of the business or (2) is
 5    convertible into, or entitles the holder to receive upon  its
 6    exercise,  a  security  that  confers such a right to vote. A
 7    general partnership interest is a voting security.
 8        (b) Every bid submitted  and  contract  executed  by  the
 9    State   shall  contain  a  certification  by  the  bidder  or
10    contractor that the bidder or contractor is not  barred  from
11    bidding  for or entering into a contract under subsection (a)
12    of  this  Section  and  that   the   bidder   or   contractor
13    acknowledges  that  the  contracting State agency may declare
14    the contract void if the certification completed pursuant  to
15    this subsection (b) is false.

16        Section 30-10.  The Illinois Income Tax Act is amended by
17    changing Section 917 as follows:

18        (35 ILCS 5/917) (from Ch. 120, par. 9-917)
19        Sec. 917.  Confidentiality and information sharing.
20        (a)  Confidentiality. Except as provided in this Section,
21    all information received by the Department from returns filed
22    under this Act, or from any investigation conducted under the
23    provisions  of  this  Act,  shall be confidential, except for
24    official  purposes  within  the  Department  or  pursuant  to
25    official procedures  for  collection  of  any  State  tax  or
26    pursuant  to  an investigation or audit by the Illinois State
27    Scholarship  Commission  of  a  delinquent  student  loan  or
28    monetary award  or  enforcement  of  any  civil  or  criminal
29    penalty or sanction imposed by this Act or by another statute
30    imposing  a  State  tax, and any person who divulges any such
31    information in any  manner,  except  for  such  purposes  and
32    pursuant  to  order  of  the Director or in accordance with a
 
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 1    proper  judicial  order,  shall  be  guilty  of  a  Class   A
 2    misdemeanor.   However,  the provisions of this paragraph are
 3    not  applicable  to  information  furnished  to  a   licensed
 4    attorney  representing  the  taxpayer  where  an  appeal or a
 5    protest has been filed on behalf of the taxpayer.
 6        (b)  Public information. Nothing contained  in  this  Act
 7    shall   prevent   the  Director  from  publishing  or  making
 8    available to the public the names and  addresses  of  persons
 9    filing  returns  under this Act, or from publishing or making
10    available reasonable statistics concerning the  operation  of
11    the  tax  wherein  the  contents  of returns are grouped into
12    aggregates in such a way that the  information  contained  in
13    any individual return shall not be disclosed.
14        (c)  Governmental   agencies.   The   Director  may  make
15    available to the Secretary of  the  Treasury  of  the  United
16    States or his delegate, or the proper officer or his delegate
17    of any other state imposing a tax upon or measured by income,
18    for  exclusively  official  purposes, information received by
19    the Department in the administration of this  Act,  but  such
20    permission shall be granted only if the United States or such
21    other  state,  as  the  case  may  be,  grants the Department
22    substantially similar privileges.  The Director may  exchange
23    information  with  the  Illinois Department of Public Aid and
24    the Department of Human Services (acting as successor to  the
25    Department  of  Public  Aid  under  the  Department  of Human
26    Services Act)  for  the  purpose  of  verifying  sources  and
27    amounts  of  income and for other purposes directly connected
28    with the administration of this Act and the  Illinois  Public
29    Aid  Code.  The  Director  may  exchange information with the
30    Director of the Department of  Employment  Security  for  the
31    purpose  of  verifying  sources and amounts of income and for
32    other purposes directly connected with the administration  of
33    this   Act   and  Acts  administered  by  the  Department  of
34    Employment Security. The Director may make available  to  the
 
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 1    Illinois    Industrial   Commission   information   regarding
 2    employers for the purpose of verifying the insurance coverage
 3    required under the Workers'  Compensation  Act  and  Workers'
 4    Occupational Diseases Act.
 5        The  Director  may  make  available  to any State agency,
 6    including the Illinois Supreme Court, which licenses  persons
 7    to  engage  in  any  occupation,  information  that  a person
 8    licensed by such agency has failed to file returns under this
 9    Act or pay the tax, penalty and interest  shown  therein,  or
10    has  failed  to  pay  any final assessment of tax, penalty or
11    interest due under this Act. The Director may make  available
12    to  any  State  agency, including the Illinois Supreme Court,
13    information regarding whether a  bidder,  contractor,  or  an
14    affiliate  of  a  bidder  or  contractor  has  failed to file
15    returns under this Act or pay the tax, penalty, and  interest
16    shown  therein,  or has failed to pay any final assessment of
17    tax, penalty, or interest due under this Act, for the limited
18    purpose of enforcing bidder  and  contractor  certifications.
19    For  purposes of this Section, the term "affiliate" means any
20    entity  that  (1)  directly,  indirectly,  or  constructively
21    controls another entity,  (2)  is  directly,  indirectly,  or
22    constructively  controlled  by  another  entity,  or  (3)  is
23    subject  to  the  control of a common entity. For purposes of
24    this subsection (a), an entity controls another entity if  it
25    owns,  directly  or individually, more than 10% of the voting
26    securities of that entity. As used in  this  subsection  (a),
27    the  term "voting security" means a security that (1) confers
28    upon the holder the right to vote for the election of members
29    of the board of directors or similar governing  body  of  the
30    business  or  (2) is convertible into, or entitles the holder
31    to receive upon its exercise, a security that confers such  a
32    right  to  vote.  A  general partnership interest is a voting
33    security.
34        The Director may make  available  to  any  State  agency,
 
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 1    including   the   Illinois  Supreme  Court,  units  of  local
 2    government,  and  school  districts,  information   regarding
 3    whether  a  bidder  or contractor is an affiliate of a person
 4    who is not collecting and remitting Illinois Use  taxes,  for
 5    the  limited  purpose  of  enforcing  bidder  and  contractor
 6    certifications.
 7        The  Director may also make available to the Secretary of
 8    State information that a corporation which has been issued  a
 9    certificate  of  incorporation  by the Secretary of State has
10    failed to file returns under this Act or pay the tax, penalty
11    and interest shown therein, or has failed to  pay  any  final
12    assessment of tax, penalty or interest due under this Act. An
13    assessment  is final when all proceedings in court for review
14    of such assessment have terminated or the time for the taking
15    thereof  has   expired   without   such   proceedings   being
16    instituted.   For  taxable  years ending on or after December
17    31, 1987, the Director may make available to the Director  or
18    principal officer of any Department of the State of Illinois,
19    information  that  a  person  employed by such Department has
20    failed to file returns under this Act or pay the tax, penalty
21    and interest shown therein.  For purposes of this  paragraph,
22    the word "Department" shall have the same meaning as provided
23    in  Section  3  of the State Employees Group Insurance Act of
24    1971.
25        (d)  The  Director  shall  make  available   for   public
26    inspection  in  the  Department's  principal  office  and for
27    publication, at cost, administrative decisions issued  on  or
28    after  January  1,  1995.  These  decisions  are  to  be made
29    available  in  a  manner  so  that  the  following   taxpayer
30    information is not disclosed:
31             (1)  The   names,   addresses,   and  identification
32        numbers of the taxpayer, related entities, and employees.
33             (2)  At the sole discretion of the  Director,  trade
34        secrets  or  other confidential information identified as
 
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 1        such by the taxpayer, no later than 30 days after receipt
 2        of an administrative  decision,  by  such  means  as  the
 3        Department shall provide by rule.
 4        The  Director  shall  determine the appropriate extent of
 5    the deletions allowed in paragraph  (2).  In  the  event  the
 6    taxpayer  does  not submit deletions, the Director shall make
 7    only the deletions specified in paragraph (1).
 8        The Director shall make available for  public  inspection
 9    and  publication  an  administrative decision within 180 days
10    after the issuance of the administrative decision.  The  term
11    "administrative  decision" has the same meaning as defined in
12    Section 3-101 of Article III of the Code of Civil  Procedure.
13    Costs collected under this Section shall be paid into the Tax
14    Compliance and Administration Fund.
15        (e)  Nothing  contained  in  this  Act  shall prevent the
16    Director from divulging information to any person pursuant to
17    a request or  authorization  made  by  the  taxpayer,  by  an
18    authorized representative of the taxpayer, or, in the case of
19    information  related  to a joint return, by the spouse filing
20    the joint return with the taxpayer.
21    (Source: P.A. 89-507, eff. 7-1-97; 90-491, eff. 1-1-98.)

22        Section 30-15.  The  Retailers'  Occupation  Tax  Act  is
23    amended by changing Section 11 as follows:

24        (35 ILCS 120/11) (from Ch. 120, par. 450)
25        Sec. 11.  All information received by the Department from
26    returns  filed  under  this  Act,  or  from any investigation
27    conducted under this Act, shall be confidential,  except  for
28    official  purposes,  and  any  person  who  divulges any such
29    information in any manner, except in accordance with a proper
30    judicial order or as otherwise  provided  by  law,  shall  be
31    guilty of a Class B misdemeanor.
32        Nothing in this Act prevents the Director of Revenue from
 
                            -16-     LRB093 02818 SJM 17306 a
 1    publishing  or  making  available to the public the names and
 2    addresses of  persons  filing  returns  under  this  Act,  or
 3    reasonable  statistics concerning the operation of the tax by
 4    grouping the contents of returns so the  information  in  any
 5    individual return is not disclosed.
 6        Nothing in this Act prevents the Director of Revenue from
 7    divulging  to  the United States Government or the government
 8    of any other state, or any village that  does  not  levy  any
 9    real  property taxes for village operations and that receives
10    more than 60% of its general  corporate  revenue  from  taxes
11    under  the  Use Tax Act, the Service Use Tax Act, the Service
12    Occupation Tax Act, and the Retailers' Occupation Tax Act, or
13    any officer  or  agency  thereof,  for  exclusively  official
14    purposes,   information   received   by   the  Department  in
15    administering this Act, provided that such other governmental
16    agency agrees to divulge requested  tax  information  to  the
17    Department.
18        The Department's furnishing of information derived from a
19    taxpayer's  return  or  from an investigation conducted under
20    this Act to the surety on a taxpayer's  bond  that  has  been
21    furnished to the Department under this Act, either to provide
22    notice  to  such  surety of its potential liability under the
23    bond or, in order to  support  the  Department's  demand  for
24    payment  from  such  surety  under  the  bond, is an official
25    purpose within the meaning of this Section.
26        The furnishing upon request of  information  obtained  by
27    the   Department   from  returns  filed  under  this  Act  or
28    investigations conducted  under  this  Act  to  the  Illinois
29    Liquor Control Commission for official use is deemed to be an
30    official purpose within the meaning of this Section.
31        Notice  to  a  surety of potential liability shall not be
32    given unless the taxpayer has first been notified,  not  less
33    than  10 days prior thereto, of the Department's intent to so
34    notify the surety.
 
                            -17-     LRB093 02818 SJM 17306 a
 1        The furnishing upon request of the  Auditor  General,  or
 2    his authorized agents, for official use, of returns filed and
 3    information related thereto under this Act is deemed to be an
 4    official purpose within the meaning of this Section.
 5        Where  an appeal or a protest has been filed on behalf of
 6    a taxpayer, the furnishing upon request of the  attorney  for
 7    the taxpayer of returns filed by the taxpayer and information
 8    related  thereto  under  this Act is deemed to be an official
 9    purpose within the meaning of this Section.
10        The furnishing of financial information to  a  home  rule
11    unit  that  has imposed a tax similar to that imposed by this
12    Act pursuant to its home rule powers, or to any village  that
13    does  not levy any real property taxes for village operations
14    and that receives more than  60%  of  its  general  corporate
15    revenue from taxes under the Use Tax Act, the Service Use Tax
16    Act,  the  Service  Occupation  Tax  Act,  and the Retailers'
17    Occupation Tax Act,  upon  request  of  the  Chief  Executive
18    thereof,  is  an  official purpose within the meaning of this
19    Section,  provided the home rule unit or  village  that  does
20    not  levy  any real property taxes for village operations and
21    that receives more than 60% of its general corporate  revenue
22    from  taxes  under  the Use Tax Act, the Service Use Tax Act,
23    the Service Occupation Tax Act, and the Retailers' Occupation
24    Tax Act  agrees  in  writing  to  the  requirements  of  this
25    Section.
26        For  a village that does not levy any real property taxes
27    for village operations and that receives more than 60% of its
28    general corporate revenue from taxes under the Use  Tax  Act,
29    Service   Use  Tax  Act,  Service  Occupation  Tax  Act,  and
30    Retailers' Occupation  Tax  Act,  the  officers  eligible  to
31    receive information from the Department of Revenue under this
32    Section  are  the  village  manager  and  the chief financial
33    officer of the village.
34        Information  so  provided  shall  be   subject   to   all
 
                            -18-     LRB093 02818 SJM 17306 a
 1    confidentiality  provisions  of  this  Section.   The written
 2    agreement  shall  provide  for  reciprocity,  limitations  on
 3    access,   disclosure,   and   procedures    for    requesting
 4    information.
 5        The  Department  may  make  available  to  the  Board  of
 6    Trustees  of any Metro East Mass Transit District information
 7    contained on transaction reporting  returns  required  to  be
 8    filed  under  Section  3  of  this Act that report sales made
 9    within the boundary of the taxing  authority  of  that  Metro
10    East  Mass  Transit  District, as provided in Section 5.01 of
11    the Local Mass Transit District Act.  The disclosure shall be
12    made pursuant to a written agreement between  the  Department
13    and  the  Board  of  Trustees  of  a  Metro East Mass Transit
14    District, which is an official purpose within the meaning  of
15    this  Section.   The written agreement between the Department
16    and the Board of  Trustees  of  a  Metro  East  Mass  Transit
17    District   shall  provide  for  reciprocity,  limitations  on
18    access,   disclosure,   and   procedures    for    requesting
19    information.  Information so provided shall be subject to all
20    confidentiality provisions of this Section.
21        The  Director  may  make  available  to any State agency,
22    including the Illinois Supreme Court, which licenses  persons
23    to  engage  in  any  occupation,  information  that  a person
24    licensed by such agency has failed to file returns under this
25    Act or pay the tax, penalty and interest  shown  therein,  or
26    has  failed  to  pay  any final assessment of tax, penalty or
27    interest due under this Act. The Director may make  available
28    to  any  State  agency, including the Illinois Supreme Court,
29    information regarding whether a  bidder,  contractor,  or  an
30    affiliate of a bidder or contractor has failed to collect and
31    remit  Illinois  Use  tax  on sales into Illinois, or any tax
32    under this Act or pay the tax, penalty,  and  interest  shown
33    therein,  or  has  failed to pay any final assessment of tax,
34    penalty, or interest due under  this  Act,  for  the  limited
 
                            -19-     LRB093 02818 SJM 17306 a
 1    purpose  of  enforcing  bidder and contractor certifications.
 2    The Director may make available to units of local  government
 3    and  school  districts  that  require  bidder  and contractor
 4    certifications, as set forth in Sections 50-11 and  50-12  of
 5    the  Illinois Procurement Code, information regarding whether
 6    a  bidder,  contractor,  or  an  affiliate  of  a  bidder  or
 7    contractor has failed to collect and remit Illinois  Use  tax
 8    on  sales  into Illinois, file returns under this Act, or pay
 9    the tax, penalty, and interest shown therein, or  has  failed
10    to  pay any final assessment of tax, penalty, or interest due
11    under this Act, for the limited purpose of  enforcing  bidder
12    and  contractor certifications. For purposes of this Section,
13    the term "affiliate" means  any  entity  that  (1)  directly,
14    indirectly, or constructively controls another entity, (2) is
15    directly, indirectly, or constructively controlled by another
16    entity,  or (3) is subject to the control of a common entity.
17    For purposes of this  Section,  an  entity  controls  another
18    entity if it owns, directly or individually, more than 10% of
19    the  voting  securities  of  that  entity.  As  used  in this
20    Section, the term "voting security" means a security that (1)
21    confers upon the holder the right to vote for the election of
22    members of the board of directors or similar  governing  body
23    of  the  business or (2) is convertible into, or entitles the
24    holder to receive upon its exercise, a security that  confers
25    such  a  right  to  vote. A general partnership interest is a
26    voting security.
27        The Director may make  available  to  any  State  agency,
28    including   the   Illinois  Supreme  Court,  units  of  local
29    government,  and  school  districts,  information   regarding
30    whether  a  bidder  or contractor is an affiliate of a person
31    who is not collecting and remitting Illinois  Use  taxes  for
32    the  limited  purpose  of  enforcing  bidder  and  contractor
33    certifications.
34        The  Director may also make available to the Secretary of
 
                            -20-     LRB093 02818 SJM 17306 a
 1    State information that a limited liability company, which has
 2    filed articles of organization with the Secretary  of  State,
 3    or  corporation  which  has  been  issued  a  certificate  of
 4    incorporation  by  the  Secretary of State has failed to file
 5    returns under this Act or pay the tax, penalty  and  interest
 6    shown  therein,  or has failed to pay any final assessment of
 7    tax, penalty or interest due under this Act.   An  assessment
 8    is  final  when  all  proceedings in court for review of such
 9    assessment have terminated or the time for the taking thereof
10    has expired without such proceedings being instituted.
11        The Director shall make available for  public  inspection
12    in  the Department's principal office and for publication, at
13    cost, administrative decisions issued on or after January  1,
14    1995.   These  decisions are to be made available in a manner
15    so that the following taxpayer information is not disclosed:
16             (1)  The  names,   addresses,   and   identification
17        numbers of the taxpayer, related entities, and employees.
18             (2)  At  the  sole discretion of the Director, trade
19        secrets or other confidential information  identified  as
20        such by the taxpayer, no later than 30 days after receipt
21        of  an  administrative  decision,  by  such  means as the
22        Department shall provide by rule.
23        The Director shall determine the  appropriate  extent  of
24    the  deletions  allowed  in  paragraph  (2). In the event the
25    taxpayer does not submit deletions, the Director  shall  make
26    only the deletions specified in paragraph (1).
27        The  Director  shall make available for public inspection
28    and publication an administrative decision  within  180  days
29    after  the  issuance of the administrative decision. The term
30    "administrative decision" has the same meaning as defined  in
31    Section  3-101 of Article III of the Code of Civil Procedure.
32    Costs collected under this Section shall be paid into the Tax
33    Compliance and Administration Fund.
34        Nothing contained in this Act shall prevent the  Director
 
                            -21-     LRB093 02818 SJM 17306 a
 1    from  divulging  information  to  any  person  pursuant  to a
 2    request or authorization  made  by  the  taxpayer  or  by  an
 3    authorized representative of the taxpayer.
 4    (Source: P.A. 90-491, eff. 1-1-98; 91-954, eff. 1-1-02.)

 5        Section  30-20.  The Counties Code is amended by changing
 6    Section 5-1022 as follows:

 7        (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
 8        Sec. 5-1022. Competitive bids.
 9        (a)  Any purchase by a county with fewer  than  2,000,000
10    inhabitants  of services, materials, equipment or supplies in
11    excess of $10,000, other than professional services, shall be
12    contracted for in one of the following ways:
13             (1)  by a contract let  to  the  lowest  responsible
14        bidder   after   advertising  for  bids  in  a  newspaper
15        published within  the  county  or,  if  no  newspaper  is
16        published  within  the  county,  then  a newspaper having
17        general circulation within the county; or
18             (2)  by a contract let without advertising for  bids
19        in  the  case of an emergency if authorized by the county
20        board.
21        (b)  In determining the lowest  responsible  bidder,  the
22    county  board  shall take into consideration the qualities of
23    the   articles   supplied;   their   conformity   with    the
24    specifications;  their suitability to the requirements of the
25    county, availability of support services; uniqueness  of  the
26    service,  materials,  equipment, or supplies as it applies to
27    networked,  integrated  computer  systems;  compatibility  to
28    existing equipment; and the delivery terms.  The county board
29    also may take  into  consideration  whether  a  bidder  is  a
30    private  enterprise  or  a  State-controlled  enterprise and,
31    notwithstanding any other provision  of  this  Section  or  a
32    lower  bid  by  a  State-controlled  enterprise,  may  let  a
 
                            -22-     LRB093 02818 SJM 17306 a
 1    contract  to  the lowest responsible bidder that is a private
 2    enterprise.
 3        (c)  This Section does not apply to contracts by a county
 4    with  the  federal  government  or  to  purchases   of   used
 5    equipment, purchases at auction or similar transactions which
 6    by  their  very  nature are not suitable to competitive bids,
 7    pursuant to an ordinance adopted by the county board.
 8        (d)  Notwithstanding the provisions of  this  Section,  a
 9    county  may  let  without advertising for bids in the case of
10    purchases and contracts, when individual orders do not exceed
11    $25,000,  for  the  use,  purchase,  delivery,  movement,  or
12    installation  of  data  processing  equipment,  software,  or
13    services and telecommunications and inter-connect  equipment,
14    software, and services.
15        (e)  A county may require, as a condition of any contract
16    for goods and services, that persons awarded a contract  with
17    the county and all affiliates of the person collect and remit
18    Illinois  Use  Tax on all sales of tangible personal property
19    into the State of Illinois in accordance with the  provisions
20    of  the Illinois Use Tax Act regardless of whether the person
21    or affiliate is a "retailer maintaining a place  of  business
22    within  this  State"  as  defined in Section 2 of the Use Tax
23    Act.  For  purposes  of  this  subsection   (e),   the   term
24    "affiliate"  means  any entity that (1) directly, indirectly,
25    or constructively controls another entity, (2)  is  directly,
26    indirectly,  or  constructively controlled by another entity,
27    or (3) is subject to the control  of  a  common  entity.  For
28    purposes  of  this subsection (e), an entity controls another
29    entity if it owns, directly or individually, more than 10% of
30    the voting  securities  of  that  entity.  As  used  in  this
31    subsection  (e),  the term "voting security" means a security
32    that (1) confers upon the holder the right to  vote  for  the
33    election  of  members  of  the  board of directors or similar
34    governing body of the business or (2) is convertible into, or
 
                            -23-     LRB093 02818 SJM 17306 a
 1    entitles the holder to receive upon its exercise, a  security
 2    that  confers  such  a  right  to vote. A general partnership
 3    interest is a voting security.
 4        (f) Bids submitted to, and  contracts  executed  by,  the
 5    county   may   require  a  certification  by  the  bidder  or
 6    contractor that the bidder or contractor is not  barred  from
 7    bidding  for  or  entering into a contract under this Section
 8    and that the  bidder  or  contractor  acknowledges  that  the
 9    county  may  declare  the  contract void if the certification
10    completed pursuant to this subsection (f) is false.
11    (Source: P.A. 90-517, eff. 8-22-97.)

12        Section 30-25.  The Illinois Municipal Code is amended by
13    changing Sections 8-9-2 and 8-10-3 as follows:

14        (65 ILCS 5/8-9-2) (from Ch. 24, par. 8-9-2)
15        Sec. 8-9-2. (a)  In municipalities of less  than  500,000
16    population,   the   corporate   authorities  may  provide  by
17    ordinance  that  all  supplies  needed   for   use   of   the
18    municipality  shall  be  furnished  by  contract,  let to the
19    lowest bidder.
20        In municipalities of more  than  500,000  population  the
21    provisions  of  Division  10 of this Article 8 shall apply to
22    and govern the purchase of supplies.
23        The  provisions  of  this  Section  are  subject  to  any
24    contrary provisions contained in "An Act concerning  the  use
25    of  Illinois  mined coal in certain plants and institutions",
26    filed July 13, 1937, as heretofore and hereafter amended.
27        (b) The corporate authorities of a  municipality  may  by
28    ordinance   provide  that  contracts  to  provide  goods  and
29    services to the municipality contain  a  provision  requiring
30    the  contractor  and  its  affiliates  to  collect  and remit
31    Illinois Use Tax on all sales of tangible  personal  property
32    into  the State of Illinois in accordance with the provisions
 
                            -24-     LRB093 02818 SJM 17306 a
 1    of the Illinois Use Tax Act, and municipal  use  tax  on  all
 2    sales  of tangible personal property into the municipality in
 3    accordance with a municipal ordinance authorized  by  Section
 4    8-11-6  or  8-11-1.5,  during the term of the contract or for
 5    some  other  specified  period,  regardless  of  whether  the
 6    contractor or affiliate is a "retailer maintaining a place of
 7    business within this State" as defined in Section  2  of  the
 8    Use  Tax Act. The provision may state that if the requirement
 9    is  not  met,  the  contract  may  be   terminated   by   the
10    municipality, and the contractor may be subject to such other
11    penalties  or  the exercise of such remedies as may be stated
12    in the contract or the ordinance adopted under this  Section.
13    An   ordinance   adopted   under  this  Section  may  contain
14    exceptions for emergencies or other  circumstances  when  the
15    exception is in the best interest of the public. For purposes
16    of  this  Section, the term "affiliate" means any entity that
17    (1) directly, indirectly, or constructively controls  another
18    entity,   (2)  is  directly,  indirectly,  or  constructively
19    controlled by another  entity,  or  (3)  is  subject  to  the
20    control  of  a common entity. For purposes of this subsection
21    (b), an entity controls another entity if it owns,  directly,
22    or  individually,  more  than 10% of the voting securities of
23    that entity. As used in this subsection (b), the term "voting
24    security" means a security that (1) confers upon  the  holder
25    the right to vote for the election of members of the board of
26    directors or similar governing body of the business or (2) is
27    convertible  into, or entitles the holder to receive upon its
28    exercise, a security that confers such a  right  to  vote.  A
29    general partnership interest is a voting security.
30    (Source: Laws 1967, p. 3729.)

31        (65 ILCS 5/8-10-3) (from Ch. 24, par. 8-10-3)
32        Sec.  8-10-3.  (a)  Except  as otherwise herein provided,
33    all purchase orders or  contracts  of  whatever  nature,  for
 
                            -25-     LRB093 02818 SJM 17306 a
 1    labor,  services  or  work,  the  purchase, lease, or sale of
 2    personal  property,   materials,   equipment   or   supplies,
 3    involving  amounts in excess of $10,000, made by or on behalf
 4    of any such municipality, shall  be  let  by  free  and  open
 5    competitive   bidding  after  advertisement,  to  the  lowest
 6    responsible bidder, or in the appropriate  instance,  to  the
 7    highest  responsible  bidder,  depending  upon  whether  such
 8    municipality  is  to  expend  or  to  receive money. All such
 9    purchase orders or contracts, as defined above,  which  shall
10    involve  amounts  of  $10,000,  or  less, shall be let in the
11    manner described above whenever practicable, except that such
12    purchase orders or contracts may be let in the open market in
13    a manner calculated to  insure  the  best  interests  of  the
14    public,  after  solicitation  of  bids by mail, telephone, or
15    otherwise. The provisions of this Section are subject to  any
16    contrary provision contained in "An Act concerning the use of
17    Illinois  mined  coal  in  certain  plants and institutions",
18    filed July 13, 1937, as heretofore and hereafter amended.
19        (b) The corporate authorities of a  municipality  may  by
20    ordinance   provide  that  contracts  to  provide  goods  and
21    services to the municipality contain  a  provision  requiring
22    the  contractor  and  its  affiliates  to  collect  and remit
23    Illinois Use Tax on all sales of tangible  personal  property
24    into  the State of Illinois in accordance with the provisions
25    of the Illinois Use Tax Act, and municipal  use  tax  on  all
26    sales  of tangible personal property into the municipality in
27    accordance with a municipal ordinance authorized  by  Section
28    8-11-6  or  8-11-1.5,  during the term of the contract or for
29    some  other  specified  period,  regardless  of  whether  the
30    contractor or affiliate is a "retailer maintaining a place of
31    business within this State" as defined in Section  2  of  the
32    Use  Tax Act. The provision may state that if the requirement
33    is  not  met,  the  contract  may  be   terminated   by   the
34    municipality, and the contractor may be subject to such other
 
                            -26-     LRB093 02818 SJM 17306 a
 1    penalties  or  the exercise of such remedies as may be stated
 2    in the contract or the ordinance adopted under this  Section.
 3    An   ordinance   adopted   under  this  Section  may  contain
 4    exceptions for emergencies or other  circumstances  when  the
 5    exception is in the best interest of the public. For purposes
 6    of  this  Section, the term "affiliate" means any entity that
 7    (1) directly, indirectly, or constructively controls  another
 8    entity,   (2)  is  directly,  indirectly,  or  constructively
 9    controlled by another  entity,  or  (3)  is  subject  to  the
10    control  of  a common entity. For purposes of this subsection
11    (b), an entity controls another entity if it  owns,  directly
12    or  individually,  more  than 10% of the voting securities of
13    that entity. As used in this subsection (b), the term "voting
14    security" means a security that (1) confers upon  the  holder
15    the right to vote for the election of members of the board of
16    directors or similar governing body of the business or (2) is
17    convertible  into, or entitles the holder to receive upon its
18    exercise, a security that confers such a  right  to  vote.  A
19    general partnership interest is a voting security.
20    (Source: P.A. 81-1376.)

21        Section  30-30.   The  School Code is amended by changing
22    Section 10-20.21 as follows:

23        (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
24        Sec. 10-20.21.  Contracts.
25        (a)  To award all contracts  for  purchase  of  supplies,
26    materials  or  work  or  contracts  with private carriers for
27    transportation of pupils involving an expenditure  in  excess
28    of  $10,000  to  the  lowest  responsible bidder, considering
29    conformity with specifications, terms  of  delivery,  quality
30    and  serviceability,  after  due  advertisement,  except  the
31    following:  (i)  contracts  for  the  services of individuals
32    possessing a high degree  of  professional  skill  where  the
 
                            -27-     LRB093 02818 SJM 17306 a
 1    ability or fitness of the individual plays an important part;
 2    (ii)  contracts for the printing of finance committee reports
 3    and departmental reports; (iii) contracts for the printing or
 4    engraving of bonds,  tax  warrants  and  other  evidences  of
 5    indebtedness;  (iv)  contracts for the purchase of perishable
 6    foods and perishable beverages; (v) contracts  for  materials
 7    and  work  which  have been awarded to the lowest responsible
 8    bidder  after  due  advertisement,  but  due  to   unforeseen
 9    revisions,  not the fault of the contractor for materials and
10    work, must be revised causing expenditures not in  excess  of
11    10% of the contract price; (vi) contracts for the maintenance
12    or  servicing of, or provision of repair parts for, equipment
13    which are made with the manufacturer  or  authorized  service
14    agent  of  that  equipment  where  the  provision  of  parts,
15    maintenance,  or  servicing  can  best  be  performed  by the
16    manufacturer or authorized service agent; (vii) purchases and
17    contracts for  the  use,  purchase,  delivery,  movement,  or
18    installation  of  data  processing  equipment,  software,  or
19    services  and  telecommunications and interconnect equipment,
20    software, and  services;  (viii)  contracts  for  duplicating
21    machines  and  supplies;  (ix)  contracts for the purchase of
22    natural gas when the cost is less  than  that  offered  by  a
23    public  utility;  (x) purchases of equipment previously owned
24    by some entity other than the district itself; (xi) contracts
25    for   repair,   maintenance,   remodeling,   renovation,   or
26    construction, or a single project  involving  an  expenditure
27    not  to exceed $20,000 and not involving a change or increase
28    in the size, type, or extent of an existing  facility;  (xii)
29    contracts   for  goods  or  services  procured  from  another
30    governmental agency; (xiii) contracts for goods  or  services
31    which  are economically procurable from only one source, such
32    as  for  the  purchase  of  magazines,  books,   periodicals,
33    pamphlets  and  reports,  and  for  utility  services such as
34    water, light, heat, telephone or telegraph; and  (xiv)  where
 
                            -28-     LRB093 02818 SJM 17306 a
 1    funds  are  expended  in  an  emergency  and  such  emergency
 2    expenditure  is  approved by 3/4 of the members of the board.
 3    All competitive bids for contracts involving  an  expenditure
 4    in excess of $10,000 must be sealed by the bidder and must be
 5    opened  by  a  member  or  employee  of the school board at a
 6    public bid opening  at which the contents of the bids must be
 7    announced. Each bidder must receive at least 3  days'  notice
 8    of  the  time  and  place of the bid opening. For purposes of
 9    this Section due advertisement includes, but is  not  limited
10    to,  at  least  one public notice at least 10 days before the
11    bid date in a newspaper published in the district, or  if  no
12    newspaper  is  published  in  the district, in a newspaper of
13    general circulation in the area of the district.
14        (b) To require, as a condition of any contract for  goods
15    and services, that persons bidding for and awarded a contract
16    and  all  affiliates of the person collect and remit Illinois
17    Use Tax on all sales of tangible personal property  into  the
18    State  of  Illinois  in accordance with the provisions of the
19    Illinois Use Tax Act regardless  of  whether  the  person  or
20    affiliate  is  a  "retailer  maintaining  a place of business
21    within this State" as defined in Section 2  of  the  Use  Tax
22    Act. For purposes of this Section, the term "affiliate" means
23    any  entity  that (1) directly, indirectly, or constructively
24    controls another entity,  (2)  is  directly,  indirectly,  or
25    constructively  controlled  by  another  entity,  or  (3)  is
26    subject  to  the  control of a common entity. For purposes of
27    this subsection (b), an entity controls another entity if  it
28    owns,  directly  or individually, more than 10% of the voting
29    securities of that entity. As used in  this  subsection  (b),
30    the  term "voting security" means a security that (1) confers
31    upon the holder the right to vote for the election of members
32    of the board of directors or similar governing  body  of  the
33    business  or  (2) is convertible into, or entitles the holder
34    to receive upon its exercise, a security that confers such  a
 
                            -29-     LRB093 02818 SJM 17306 a
 1    right  to  vote.  A  general partnership interest is a voting
 2    security.
 3        To  require   that   bids   and   contracts   include   a
 4    certification  by the bidder or contractor that the bidder or
 5    contractor is not barred from bidding for or entering into  a
 6    contract under this Section and that the bidder or contractor
 7    acknowledges  that  the school board may declare the contract
 8    void  if  the  certification  completed  pursuant   to   this
 9    subsection (b) is false.
10    (Source: P.A. 86-411; 87-414.)

11                             ARTICLE 50

12        Section   50-3.  The  Department  of  Central  Management
13    Services Law of the Civil Administrative Code of Illinois  is
14    amended by adding Section 405-292 as follows:

15        (20 ILCS 405/405-292 new)
16        Sec.    405-292.  Business    processing   reengineering;
17    planning for a more efficient government.
18        (a)  The Department shall be responsible for recommending
19    to  the  Governor  efficiency  initiatives   to   reorganize,
20    restructure,  and  reengineer  the  business processes of the
21    State. In performing this responsibility the Department shall
22    have the power and duty to do the following:
23             (1)  Propose    the     transfer,     consolidation,
24        reorganization,    restructuring,    reengineering,    or
25        elimination of programs, processes, or functions in order
26        to  attain  efficiency  in  operations  and  cost savings
27        through the efficiency initiatives.
28             (2)  Control the procurement of contracted  services
29        in  connection  with the efficiency initiatives to assist
30        in the analysis, design, planning, and implementation  of
31        proposals  approved  by the Governor to attain efficiency
 
                            -30-     LRB093 02818 SJM 17306 a
 1        in operations and cost savings; and
 2             (3)  Establish the amount  of  cost  savings  to  be
 3        realized   by   State   agencies  from  implementing  the
 4        efficiency  initiatives,  which  shall  be  paid  to  the
 5        Department for deposit into  the  Efficiency  Initiatives
 6        Revolving Fund.
 7        (b)  For  the  purposes of this Section, "State agencies"
 8    means all departments, boards, commissions, and  agencies  of
 9    the State of Illinois subject to the Governor.

10        Section  50-5.   The Department of Commerce and Community
11    Affairs Law of the Civil Administrative Code of  Illinois  is
12    amended  by  changing  Section  605-705 and by adding Section
13    605-807 as follows:

14        (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
15        Sec.  605-705.  Grants to local  tourism  and  convention
16    bureaus.
17        (a)  To  establish  a grant program for local tourism and
18    convention  bureaus.   The  Department   will   develop   and
19    implement a program for the use of funds, as authorized under
20    this  Act,  by local tourism and convention bureaus.  For the
21    purposes of this Act, bureaus eligible to receive  funds  are
22    those  local  tourism  and  convention  bureaus  that are (i)
23    either  units  of  local  government   or   incorporated   as
24    not-for-profit  organizations;  (ii) in legal existence for a
25    minimum of 2 years before July 1, 2001; (iii) operating  with
26    a  paid,  full-time  staff  whose  sole purpose is to promote
27    tourism in the designated service area; and  (iv)  affiliated
28    with  one or more municipalities or counties that support the
29    bureau with local hotel-motel taxes.   After  July  1,  2001,
30    bureaus  requesting  certification  in order to receive funds
31    for the first time  must  be  local  tourism  and  convention
32    bureaus  that  are  (i)  either  units of local government or
 
                            -31-     LRB093 02818 SJM 17306 a
 1    incorporated as not-for-profit organizations; (ii)  in  legal
 2    existence  for  a  minimum  of 2 years before the request for
 3    certification; (iii) operating with a paid,  full-time  staff
 4    whose  sole  purpose  is to promote tourism in the designated
 5    service   area;   and   (iv)   affiliated    with    multiple
 6    municipalities or counties that support the bureau with local
 7    hotel-motel taxes. Each bureau receiving funds under this Act
 8    will  be  certified  by  the  Department  as  the  designated
 9    recipient  to serve an area of the State. Notwithstanding the
10    criteria set forth  in  this  subsection  (a),  or  any  rule
11    adopted  under  this  subsection  (a),  the  Director  of the
12    Department may provide for the award of grant funds to one or
13    more entities if in the Department's judgment that action  is
14    necessary  in  order to prevent a loss of funding critical to
15    promoting tourism in a  designated  geographic  area  of  the
16    State.
17        (b)  To distribute grants to local tourism and convention
18    bureaus  from appropriations made from the Local Tourism Fund
19    for that purpose.  Of the amounts  appropriated  annually  to
20    the  Department for expenditure under this Section, one-third
21    of those monies shall be used for grants  to  convention  and
22    tourism  bureaus  in  cities  with  a population greater than
23    500,000.    The   remaining   two-thirds   of   the    annual
24    appropriation  shall  be  used  for  grants to convention and
25    tourism bureaus in the remainder of the State, in  accordance
26    with  a  formula  based  upon  the  population  served.   The
27    Department  may  reserve up to 10% of the total local tourism
28    funds  available  for  costs  of  administering  the  program
29    appropriated  to  conduct  audits  of  grants,   to   provide
30    incentive   funds   to   those   bureaus  that  will  conduct
31    promotional activities designed to further  the  Department's
32    statewide  advertising  campaign,  to  fund special statewide
33    promotional activities, and to  fund  promotional  activities
34    that  support  an  increased  use  of  the  State's  parks or
 
                            -32-     LRB093 02818 SJM 17306 a
 1    historic sites.
 2    (Source: P.A. 91-239,  eff.  1-1-00;  91-357,  eff.  7-29-99;
 3    92-16,  eff.  6-28-01;  92-38,  eff.  6-28-01;  92-524,  eff.
 4    2-8-02.)

 5        (20 ILCS 605/605-807 new)
 6        Sec. 605-807.  Federal Workforce Training Fund.
 7        (a)  The  Federal Workforce Training Fund is created as a
 8    special fund in the State treasury. The Department may accept
 9    gifts,  grants,  awards,  matching  contributions,   interest
10    income,  appropriations,  and cost sharings from individuals,
11    businesses, governments, and other third  party  sources,  on
12    terms  that  the  Director  deems  advisable. Moneys received
13    under this Section may be expended  for  purposes  consistent
14    with  the  conditions  under which those moneys are received,
15    subject to appropriations made by the  General  Assembly  for
16    those purposes.
17        (b)  Beginning  on  the effective date of this amendatory
18    Act of the 93rd General Assembly, all moneys received by  the
19    State  pursuant  to  the  federal Workforce Investment Act or
20    Section 403(a)(5) of the federal Social Security Act shall be
21    deposited into the Federal Workforce  Training  Fund,  to  be
22    used  for purposes consistent with the conditions under which
23    those moneys are received  by  the  State,  except  that  any
24    moneys  received pursuant to the federal Workforce Investment
25    Act and necessary to pay liabilities incurred  in  connection
26    with  that  Act  and  outstanding as of June 30, 2003, or any
27    moneys received pursuant to Section 403(a)(5) of the  federal
28    Social Security Act and necessary to pay liabilities incurred
29    in  connection  with  that Act and outstanding as of June 30,
30    2003, shall be deposited into the Title III  Social  Security
31    and Employment Fund.
32        On  September  1,  2003,  or as soon thereafter as may be
33    reasonably practical, the State  Comptroller  shall  transfer
 
                            -33-     LRB093 02818 SJM 17306 a
 1    all  unobligated moneys received by the State pursuant to the
 2    federal Workforce Investment Act or Section 403(a)(5) of  the
 3    federal  Social  Security  Act  from  the  Title  III  Social
 4    Security   and  Employment  Fund  to  the  Federal  Workforce
 5    Training  Fund.  The  moneys  transferred  pursuant  to  this
 6    Amendatory Act of the 93rd General Assembly may  be  used  or
 7    expended  for  purposes  consistent with the conditions under
 8    which those moneys were received by the State.
 9        (c)  Beginning on the effective date of  this  amendatory
10    Act  of the 93rd General Assembly, all moneys received by the
11    State pursuant  to  the  federal  Illinois  Trade  Adjustment
12    Assistance  Program  shall  be  deposited  into  the  Federal
13    Workforce  Training  Fund, to be used for purposes consistent
14    with the conditions under which those moneys are received  by
15    the  State,  except  that any moneys received pursuant to the
16    federal Illinois  Trade  Adjustment  Assistance  Program  and
17    necessary to pay liabilities incurred in connection with that
18    program  and  outstanding  as  of  June  30,  2003,  shall be
19    deposited into the Title III Social Security  and  Employment
20    Fund.
21        On  July  1,  2003  or  as  soon  thereafter  as  may  be
22    reasonably practical, the State Comptroller shall make one or
23    more  transfers  of all moneys received by the State pursuant
24    to the federal Illinois Trade Adjustment  Assistance  Program
25    in excess of those necessary to pay liabilities in connection
26    with  that  program  and outstanding as of June 30, 2003 from
27    the Title III Social Security  and  Employment  Fund  to  the
28    Federal  Workforce  Training  Fund.  The  moneys  transferred
29    pursuant  to this amendatory Act of the 93rd General Assembly
30    may be used or expended  for  purposes  consistent  with  the
31    conditions  under  which  those  moneys  were received by the
32    State.

33        Section 50-7.  The Department of Revenue Law of the Civil
 
                            -34-     LRB093 02818 SJM 17306 a
 1    Administrative  Code  of  Illinois  is  amended  by  changing
 2    Section 2505-400 as follows:

 3        (20 ILCS 2505/2505-400) (was 20 ILCS 2505/39b49)
 4        Sec. 2505-400.  Contracts for collection assistance.
 5        (a)  The  Department  has  the  power  to  contract   for
 6    collection   assistance  on  a  contingent  fee  basis,  with
 7    collection fees to be retained by the collection  agency  and
 8    the net collections to be paid to the Department. In the case
 9    of  any liability referred to a collection agency on or after
10    July 1, 2003, any fee charged to the State by the  collection
11    agency  shall  be  considered  additional  State  tax  of the
12    taxpayer imposed under the Act  under  which  the  tax  being
13    collected  was  imposed, shall be deemed assessed at the time
14    payment of the tax is made  to  the  collection  agency,  and
15    shall  be separately stated in any statement or notice of the
16    liability issued by the collection agency to the taxpayer.
17        (b)  The Department has the power to enter  into  written
18    agreements  with  State's  Attorneys  for  pursuit  of  civil
19    liability  under  Section  17-1a of the Criminal Code of 1961
20    against persons who have issued to the Department  checks  or
21    other  orders in violation of the provisions of paragraph (d)
22    of subsection (B) of Section 17-1 of  the  Criminal  Code  of
23    1961.   Of  the amount collected, the Department shall retain
24    the amount owing upon the dishonored  check  or  order  along
25    with  the  dishonored  check  fee  imposed  under the Uniform
26    Penalty and Interest Act.  The balance of damages, fees,  and
27    costs  collected  under Section 17-1a of the Criminal Code of
28    1961 shall be retained by the State's Attorney. The agreement
29    shall not affect the allocation of fines and costs imposed in
30    any criminal prosecution.
31        (c)  The  Department  may  issue  the  Secretary  of  the
32    Treasury of the  United  States  (or  his  or  her  delegate)
33    notice,  as  required  by  Section  6402(e)  of  the Internal
 
                            -35-     LRB093 02818 SJM 17306 a
 1    Revenue Code, of any  past  due,  legally  enforceable  State
 2    income  tax  obligation  of  a  taxpayer. The Department must
 3    notify the taxpayer that any fee charged to the State by  the
 4    Secretary of the Treasury of the United States (or his or her
 5    delegate)  under  Internal  Revenue  Code  Section 6402(e) is
 6    considered additional State income tax of the  taxpayer  with
 7    respect  to  whom  the  Department  issued the notice, and is
 8    deemed assessed upon issuance by the Department of notice  to
 9    the Secretary of the Treasury of the United States (or his or
10    her  delegate)  under Section 6402(e) of the Internal Revenue
11    Code;  a  notice  of  additional  State  income  tax  is  not
12    considered a notice of deficiency, and the  taxpayer  has  no
13    right of protest.
14    (Source: P.A. 91-239, eff. 1-1-00; 92-492, eff. 1-1-02.)

15        Section 50-8.  The Bureau of the Budget Act is amended by
16    changing  the Act title and Sections 0.01, 1, 2, 2.5, 2.7, 3,
17    4, 5.1, 6, 6.01, 7, and  9  and  by  adding  Section  9.5  as
18    follows:

19        (20 ILCS 3005/Act title)
20        An  Act to create the Governor's Office of Management and
21    a Bureau of the Budget and to define its  powers  and  duties
22    and to make an appropriation.

23        (20 ILCS 3005/0.01) (from Ch. 127, par. 410)
24        Sec.  0.01.   Short  title.  This Act may be cited as the
25    Governor's Office of Management and Bureau of the Budget Act.
26    (Source: P.A. 86-1324.)

27        (20 ILCS 3005/1) (from Ch. 127, par. 411)
28        Sec. 1. Definitions. "Bureau" means  the  Bureau  of  the
29    Budget.
30        "Capital  expenditure"  means  money spent for replacing,
 
                            -36-     LRB093 02818 SJM 17306 a
 1    remodeling, expanding, or acquiring facilities, buildings  or
 2    land   owned   directly   by  the  State  through  any  State
 3    department, authority, public corporation of the State, State
 4    college or university, or any other public agency created  by
 5    the  State,  but  not  units  of  local  government or school
 6    districts.
 7        "Director" means the Director of the Governor's Office of
 8    Management and Bureau of the Budget.
 9        "Office" means the  Governor's Office of  Management  and
10    Budget.
11        "State  Agency,"  whether used in the singular or plural,
12    means  all  Departments,   Officers,   Commissions,   Boards,
13    Institutions  and bodies, politic and corporate of the State,
14    including the Offices of  Clerk  of  the  Supreme  Court  and
15    Clerks  of the Appellate Courts; except it shall not mean the
16    several  Courts  of  the  State,  nor  the  Legislature,  its
17    Committees or Commissions, nor the  Constitutionally  elected
18    State Officers.
19    (Source: P.A. 81-1094.)

20        (20 ILCS 3005/2) (from Ch. 127, par. 412)
21        Sec.  2.  There is created in the executive office of the
22    Governor an Office a Bureau to be  known  as  the  Governor's
23    Office  of  Management  and  Bureau of the Budget. The Office
24    Bureau shall be headed by a Director, who shall be  appointed
25    by  the Governor. The functions of the Office Bureau shall be
26    as prescribed in Sections 2.1 through 2.7 of this Act.
27    (Source: P.A. 89-460, eff. 5-24-96.)

28        (20 ILCS 3005/2.5) (from Ch. 127, par. 412.5)
29        Sec. 2.5.  Effective January  1,  1980,  to  require  the
30    preparation  and  submission  of an annual long-range capital
31    expenditure plan for all State agencies.  Such  Capital  Plan
32    shall  detail each project for each of the following 3 fiscal
 
                            -37-     LRB093 02818 SJM 17306 a
 1    years, including the project cost in current dollar  amounts,
 2    the  future  maintenance costs for the completed project, the
 3    anticipated life expectancy of the project and the impact the
 4    project will have on the  annual  operating  budget  for  the
 5    agency.   Each  State  agency's  annual  capital  plan  shall
 6    include  energy  conservation  projects  intended  to  reduce
 7    energy  costs  to  the  greatest  extent  possible  in  those
 8    agency's  buildings  and  facilities  included in the capital
 9    plan.  Each State  agency's  annual  capital  plan  shall  be
10    submitted  to the Office Bureau no later than January 15th of
11    each year.  A summary of all capital plans and  future  needs
12    assessments  shall  be  included  in  the  Governor's  Budget
13    Request  and  the  detail  of  the  capital  plans  shall  be
14    delivered to the Chairmen and Minority Spokesmen of the House
15    and   Senate   Appropriations  Committees  and  the  Illinois
16    Economic and Fiscal Commission on the date of the  Governor's
17    Budget Address to the General Assembly.
18    (Source: P.A. 87-852.)

19        (20 ILCS 3005/2.7)
20        Sec.   2.7.  Securities  information.   To  assist  those
21    entities underwriting securities that are payable from  State
22    appropriations,  whether issued by the State or by others, by
23    providing financial and other information regarding the State
24    to securities  investors,  nationally  recognized  securities
25    information repositories, or the federal Municipal Securities
26    Rulemaking  Board, and to any State information depository as
27    required by the federal Securities and Exchange Act  of  1934
28    and  the rules promulgated thereunder.  The Governor's Office
29    of Management and Bureau of the  Budget  is  the  only  State
30    office authorized to provide such information.
31    (Source: P.A. 89-460, eff. 5-24-96.)

32        (20 ILCS 3005/3) (from Ch. 127, par. 413)
 
                            -38-     LRB093 02818 SJM 17306 a
 1        Sec. 3. The Director, under such rules and regulations as
 2    the  Governor  may prescribe, may organize the Office Bureau,
 3    allocate  functions  and  duties  within  it,   and   appoint
 4    employees, in such a manner as best enables it to achieve its
 5    purposes  and  fulfill its responsibilities. He is authorized
 6    to make expenditures for necessary  expenses  of  the  Office
 7    Bureau within the appropriations made therefor.
 8    (Source: P. A. 76-23.)

 9        (20 ILCS 3005/4) (from Ch. 127, par. 414)
10        Sec.  4.  Under  such  regulations  as  the  Governor may
11    prescribe, (1) every State agency shall furnish to the Office
12    Bureau such information as the Office Bureau may from time to
13    time require, and (2) the Director  or  any  duly  authorized
14    employee  of  the  Office  Bureau  shall  for  the purpose of
15    securing such information, have access to, and the  right  to
16    examine, all books, documents, papers or records of any State
17    agency.
18    (Source: P. A. 76-23.)

19        (20 ILCS 3005/5.1) (from Ch. 127, par. 415)
20        Sec.  5.1.  Under  such  regulations  as the Governor may
21    prescribe, every State agency, other than  State colleges and
22    universities, agencies of legislative and  judicial  branches
23    of State government, and elected State executive officers not
24    including   the   Governor,  shall  file  with  the  Illinois
25    Commission on Intergovernmental Cooperation all  applications
26    for  federal grants, contracts and agreements. The Commission
27    on Intergovernmental Cooperation  shall  immediately  forward
28    all  such  materials  to  the  Office Bureau for the Office's
29    Bureau's approval. Any application for  federal  funds  which
30    has  not  received Office Bureau approval shall be considered
31    void and any funds received as a result of  such  application
32    shall  be  returned to the federal government before they are
 
                            -39-     LRB093 02818 SJM 17306 a
 1    spent. Each State agency subject to this  Section  shall,  at
 2    least  45  days  before  submitting  its  application  to the
 3    federal  agency,  report  in  detail  to  the  Commission  on
 4    Intergovernmental Cooperation what the grant is  intended  to
 5    accomplish  and  the  specific plans for spending the federal
 6    dollars received pursuant to the  grant.  The  Commission  on
 7    Intergovernmental  Cooperation shall immediately forward such
 8    materials to the Office Bureau. The Office Bureau may approve
 9    the submission of an application to  the  federal  agency  in
10    less than 45 days after its receipt by the Office Bureau when
11    the  Office  Bureau determines that the circumstances require
12    an expedited application.  Such reports of  applications  and
13    plans  of  expenditure shall include but shall not be limited
14    to:
15        (1)  an estimate of both the direct and indirect costs in
16    non-federal revenues of participation in the federal program;
17        (2)  the probable length of duration of  the  program,  a
18    schedule  of fund receipts and an estimate of the cost to the
19    State of maintaining the program  if  and  when  the  federal
20    financial assistance or grant is terminated;
21        (3)  a  list  of  State  or  local agencies utilizing the
22    financial assistance as direct recipients or subgrantees;
23        (4)  a description of each program proposed to be  funded
24    by the financial assistance or grant; and
25        (5)  a  description of any financial, program or planning
26    commitment on the part of the State required by  the  federal
27    government  as  a  requirement  for  receipt of the financial
28    assistance or grant.
29        All  State  agencies  subject  to  this   Section   shall
30    immediately    file   with   the   Illinois   Commission   on
31    Intergovernmental Cooperation, any awards  of  federal  funds
32    and  any  and  all  changes  in  the  programs, in awards, in
33    program duration,  in  schedule  of  fund  receipts,  and  in
34    estimated  costs  to  the State of maintaining the program if
 
                            -40-     LRB093 02818 SJM 17306 a
 1    and when federal assistance is terminated, or in  direct  and
 2    indirect  costs,  of any grant under which they are or expect
 3    to  be   receiving   federal   funds.   The   Commission   on
 4    Intergovernmental  Cooperation shall immediately forward such
 5    materials to the Office Bureau.
 6        The Office Bureau in cooperation with the  Commission  on
 7    Intergovernmental  Cooperation  shall  develop standard forms
 8    and a system of identifying numbers for the applications  and
 9    reports required by this Section. Upon receipt from the State
10    agencies of each application and report, the Commission shall
11    promptly   designate   the   appropriate  identifying  number
12    therefor and communicate such number to the respective  State
13    agency, the Comptroller and the Office Bureau.
14        Each  State  agency subject to this Section shall include
15    in each report to the Comptroller of the receipt  of  federal
16    funds  the  identifying  number applicable to the grant under
17    which such funds are received.
18    (Source: P.A. 87-961.)

19        (20 ILCS 3005/6) (from Ch. 127, par. 416)
20        Sec. 6. In performing its  responsibility  under  Section
21    2.1,  to  assist  the  Governor  in  submitting a recommended
22    budget, the Office Bureau shall:
23        (a)  Distribute to all state agencies the  proper  blanks
24    necessary  to  the  preparation  of  budget  estimates, which
25    blanks shall be in such form as shall be  prescribed  by  the
26    Director,  to  procure, among other things, information as to
27    the revenues and expenditures for the preceding fiscal  year,
28    the  appropriations  made  by  the  General  Assembly for the
29    preceding   fiscal   year,   the   expenditures    therefrom,
30    obligations incurred thereon, and the amounts unobligated and
31    unexpended,  an  estimate of the revenues and expenditures of
32    the current fiscal year, and an estimate of the revenues  and
33    amounts needed for the respective departments and offices for
 
                            -41-     LRB093 02818 SJM 17306 a
 1    the next succeeding fiscal year.
 2        (b)  Require  from  each  state  agency  its  estimate of
 3    receipts and expenditures for  the  succeeding  fiscal  year,
 4    accompanied  by  a  statement  in  writing  giving  facts and
 5    explanation  of  reasons  for  each   item   of   expenditure
 6    requested.
 7        (c)  Make,  at  the  discretion  of the Director, further
 8    inquiries and investigations as to any item desired.
 9        (d)  Approve, disapprove or alter the estimates.
10    (Source: P. A. 76-2411.)

11        (20 ILCS 3005/6.01) (from Ch. 127, par. 416.01)
12        Sec. 6.01. The several courts of the State,  the  General
13    Assembly,  its  committees  and commissions, and the elective
14    officers in the Executive  department  shall  file  with  the
15    Office  Bureau  information which will enable the Governor to
16    present to the General Assembly estimates of  the  amount  of
17    money  required  to  be  raised by taxation for all purposes.
18    They shall submit to the Office Bureau, on  forms  prescribed
19    by  the  Office  Bureau,  information  as to the revenues and
20    expenditures   for   the   preceding   fiscal    year,    the
21    appropriations made by the General Assembly for the preceding
22    fiscal year, the expenditures therefrom, obligations incurred
23    thereon,  and  the  amounts  unobligated  and  unexpended, an
24    estimate of the revenues  and  expenditures  of  the  current
25    fiscal  year,  and  an  estimate  of the revenues and amounts
26    needed for the respective departments  and  offices  for  the
27    next succeeding fiscal year.
28    (Source: P. A. 76-2411.)

29        (20 ILCS 3005/7) (from Ch. 127, par. 417)
30        Sec.  7.  All  statements  and  estimates of expenditures
31    submitted  to  the  Office  Bureau  in  connection  with  the
32    preparation of a State budget, and  any  other  estimates  of
 
                            -42-     LRB093 02818 SJM 17306 a
 1    expenditures,  supporting  requests for appropriations, shall
 2    be  formulated  according  to  the  various   functions   and
 3    activities  for  which  the  respective department, office or
 4    institution of the State government (including  the  elective
 5    officers  in  the  executive  department  and  including  the
 6    University  of  Illinois  and  the  judicial  department)  is
 7    responsible.   All   such   statements   and   estimates   of
 8    expenditures  relating  to  a particular function or activity
 9    shall  be  further  formulated  or  subject  to  analysis  in
10    accordance with the following classification of objects:
11        (1)  Personal services
12        (2)  State contribution for employee group insurance
13        (3)  Contractual services
14        (4)  Travel
15        (5)  Commodities
16        (6)  Equipment
17        (7)  Permanent improvements
18        (8)  Land
19        (9)  Electronic Data Processing
20        (10)  Telecommunication services
21        (11)  Operation of Automotive Equipment
22        (12)  Contingencies
23        (13)  Reserve
24        (14)  Interest
25        (15)  Awards and Grants
26        (16)  Debt Retirement
27        (17)  Non-cost Charges
28    (Source: P.A. 83-1303.)

29        (20 ILCS 3005/9) (from Ch. 127, par. 419)
30        Sec. 9. All  statements  and  estimates  of  expenditures
31    submitted  to the Director of the Office Bureau in connection
32    with the  preparation  of  a  State  budget,  and  any  other
33    estimates    of    expenditures   supporting   requests   for
 
                            -43-     LRB093 02818 SJM 17306 a
 1    appropriations,   shall   be   accompanied   by   comparative
 2    performance  data  formulated  according   to   the   various
 3    functions  and  activities,  and,  whenever the nature of the
 4    work admits, according to  the  work  units,  for  which  the
 5    respective  state  agency is responsible. All such statements
 6    and  estimates  of  expenditures  shall  be  accompanied,  in
 7    addition, by a tabulation  of  all  position  and  employment
 8    titles  in such department, office or institution, the number
 9    of each, and the salaries for each, formulated  according  to
10    divisions,  bureaus,  sections, offices, departments, boards,
11    and similar subdivisions, which shall correspond as nearly as
12    practicable to the functions and  activities  for  which  the
13    department, office or institution is responsible.
14    (Source: P. A. 76-2411.)

15        (20 ILCS 3005/9.5 new)
16        Sec.  9.5.  Name  change.   On the effective date of this
17    amendatory Act of the 93rd General Assembly, the name of  the
18    Bureau  of  the Budget is changed to the Governor's Office of
19    Management and Budget.  References in any law, appropriation,
20    rule, form, or other document (i) to the Bureau of the Budget
21    or  to  BOB  are  deemed,  in  appropriate  contexts,  to  be
22    references to the Governor's Office of Management and  Budget
23    for  all  purposes  and (ii) to the Director of the Bureau of
24    the  Budget  are  deemed,  in  appropriate  contexts,  to  be
25    references to  the  Director  of  the  Governor's  Office  of
26    Management and Budget for all purposes.

27        Section   50-9.  The  Arts  Council  Act  is  amended  by
28    changing Sections 1 and 6 as follows:

29        (20 ILCS 3915/1) (from Ch. 127, par. 214.11)
30        Sec. 1.  Council created.  There is created the  Illinois
31    Arts Council, an agency of the State of Illinois.
 
                            -44-     LRB093 02818 SJM 17306 a
 1        The  Illinois  Arts Council shall be composed of not less
 2    than 13 nor more than 35  members  to  be  appointed  by  the
 3    Governor,  one  of  whom  shall be a senior citizen age 60 or
 4    over. In making  initial  appointments,  the  Governor  shall
 5    designate  approximately one-half of the members to serve for
 6    2 years, and the balance of the members to serve for 4 years,
 7    each term of office to commence  July  1,  1965.  The  senior
 8    citizen  member  first appointed under this amendatory Act of
 9    1984 shall serve for a term of 4  years  commencing  July  1,
10    1985.  Thereafter all appointments shall be made for a 4 year
11    term. The  Governor  shall  designate  the  Chairman  of  the
12    Council from among the members thereof.
13    (Source: P.A. 83-1538.)

14        (20 ILCS 3915/6) (from Ch. 127, par. 214.16)
15        Sec. 6.  Employees; operational services.
16        (a)  The  Council  may  employ  an  executive director, a
17    secretary and such clerical, technical  and  other  employees
18    and  assistants  as  it  considers  necessary  for the proper
19    transaction of its business.
20        (b)  The Department of Central Management Services  shall
21    provide  to the Illinois Arts Council the same type and level
22    of services as it provides to other State agencies, including
23    but not limited to office space,  communications,  facilities
24    management,  and  any  other  operational  services  that the
25    Department provides to other State offices and  agencies,  as
26    necessary to fulfill the Council's statutory mandate.
27    (Source: Laws 1965, p. 1965.)


28        Section  50-10.   The  State  Finance  Act  is amended by
29    changing Section 8.3 and  by  adding  Sections  5.596,  6p-5,
30    8.16c, and 8j as follows:
 
                            -45-     LRB093 02818 SJM 17306 a
 1        (30 ILCS 105/5.596 new)
 2        Sec. 5.596.  The Efficiency Initiatives Revolving Fund.

 3        (30 ILCS 105/6p-5 new)
 4        Sec.   6p-5.  Efficiency   Initiatives   Revolving  Fund.
 5    Amounts designated by  the  Director  of  Central  Management
 6    Services  and  approved  by  the Governor as savings from the
 7    efficiency initiatives authorized by Section 405-292  of  the
 8    Department  of  Central  Management Services Law of the Civil
 9    Administrative Code  of  Illinois  shall  be  paid  into  the
10    Efficiency  Initiatives Revolving Fund.  State agencies shall
11    pay these amounts into the Efficiency  Initiatives  Revolving
12    Fund from the line item appropriations where the cost savings
13    are  anticipated  to  occur.  The money in this fund shall be
14    used by the Department for expenses  incurred  in  connection
15    with the efficiency initiatives authorized by Section 405-292
16    of  the  Department of Central Management Services Law of the
17    Civil Administrative Code of Illinois.  On or  before  August
18    31,  2004,  and  each August 31 thereafter, the Department of
19    Central Management Services shall transfer excess balances in
20    the Efficiency Initiatives  Revolving  Fund  to  the  General
21    Revenue  Fund.   As  used  in this Section, "excess balances"
22    means amounts in excess  of  the  amount  necessary  to  fund
23    current and anticipated efficiency initiatives.

24        (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
25        Sec.  8.3.  Money in the Road Fund shall, if and when the
26    State of Illinois incurs  any  bonded  indebtedness  for  the
27    construction of permanent highways, be set aside and used for
28    the  purpose of paying and discharging annually the principal
29    and  interest  on  that  bonded  indebtedness  then  due  and
30    payable, and for no other purpose.  The surplus, if  any,  in
31    the  Road Fund after the payment of principal and interest on
32    that bonded indebtedness then annually due shall be  used  as
 
                            -46-     LRB093 02818 SJM 17306 a
 1    follows:
 2             first  --  to  pay  the  cost  of  administration of
 3        Chapters 2 through  10  of  the  Illinois  Vehicle  Code,
 4        except the cost of administration of Articles I and II of
 5        Chapter 3 of that Code; and
 6             secondly  --  for  expenses  of  the  Department  of
 7        Transportation    for    construction,    reconstruction,
 8        improvement,    repair,   maintenance,   operation,   and
 9        administration  of  highways  in  accordance   with   the
10        provisions  of  laws relating thereto, or for any purpose
11        related or incident to and connected therewith, including
12        the separation of grades of those highways with railroads
13        and with highways and including  the  payment  of  awards
14        made  by the Industrial Commission under the terms of the
15        Workers'  Compensation  Act  or   Workers'   Occupational
16        Diseases  Act  for  injury or death of an employee of the
17        Division of Highways in the Department of Transportation;
18        or for the  acquisition  of  land  and  the  erection  of
19        buildings for highway purposes, including the acquisition
20        of   highway   right-of-way   or  for  investigations  to
21        determine  the  reasonably  anticipated  future   highway
22        needs;  or  for  making of surveys, plans, specifications
23        and estimates for and in the construction and maintenance
24        of flight strips and of  highways  necessary  to  provide
25        access  to  military  and  naval reservations, to defense
26        industries and defense-industry sites, and to the sources
27        of raw materials and for replacing existing highways  and
28        highway  connections  shut off from general public use at
29        military  and  naval  reservations  and  defense-industry
30        sites, or for the purchase of right-of-way,  except  that
31        the  State  shall  be  reimbursed in full for any expense
32        incurred in  building  the  flight  strips;  or  for  the
33        operating  and  maintaining  of  highway  garages; or for
34        patrolling  and  policing   the   public   highways   and
 
                            -47-     LRB093 02818 SJM 17306 a
 1        conserving the peace; or for any of those purposes or any
 2        other purpose that may be provided by law.
 3        Appropriations for any of those purposes are payable from
 4    the Road Fund.  Appropriations may also be made from the Road
 5    Fund for the administrative expenses of any State agency that
 6    are  related to motor vehicles or arise from the use of motor
 7    vehicles.
 8        Beginning with fiscal year 1980 and thereafter,  no  Road
 9    Fund   monies   shall   be   appropriated  to  the  following
10    Departments   or   agencies   of   State    government    for
11    administration, grants, or operations; but this limitation is
12    not  a  restriction upon appropriating for those purposes any
13    Road Fund monies that are eligible for federal reimbursement;
14             1.  Department of Public Health;
15             2.  Department of Transportation, only with  respect
16        to subsidies for one-half fare Student Transportation and
17        Reduced Fare for Elderly;
18             3.  Department   of   Central  Management  Services,
19        except for  expenditures  incurred  for  group  insurance
20        premiums of appropriate personnel;
21             4.  Judicial Systems and Agencies.
22        Beginning  with  fiscal year 1981 and thereafter, no Road
23    Fund  monies  shall  be   appropriated   to   the   following
24    Departments    or    agencies   of   State   government   for
25    administration, grants, or operations; but this limitation is
26    not a restriction upon appropriating for those  purposes  any
27    Road Fund monies that are eligible for federal reimbursement:
28             1.  Department   of   State   Police,   except   for
29        expenditures with respect to the Division of Operations;
30             2.  Department  of Transportation, only with respect
31        to Intercity Rail Subsidies and Rail Freight Services.
32        Beginning with fiscal year 1982 and thereafter,  no  Road
33    Fund   monies   shall   be   appropriated  to  the  following
34    Departments   or   agencies   of   State    government    for
 
                            -48-     LRB093 02818 SJM 17306 a
 1    administration, grants, or operations; but this limitation is
 2    not  a  restriction upon appropriating for those purposes any
 3    Road Fund monies that are eligible for federal reimbursement:
 4    Department of Central Management Services, except for  awards
 5    made  by  the  Industrial  Commission  under the terms of the
 6    Workers' Compensation Act or Workers'  Occupational  Diseases
 7    Act  for  injury  or  death of an employee of the Division of
 8    Highways in the Department of Transportation.
 9        Beginning with fiscal year 1984 and thereafter,  no  Road
10    Fund   monies   shall   be   appropriated  to  the  following
11    Departments   or   agencies   of   State    government    for
12    administration, grants, or operations; but this limitation is
13    not  a  restriction upon appropriating for those purposes any
14    Road Fund monies that are eligible for federal reimbursement:
15             1.  Department of State Police, except not more than
16        40%  of  the  funds  appropriated  for  the  Division  of
17        Operations;
18             2.  State Officers.
19        Beginning with fiscal year 1984 and thereafter,  no  Road
20    Fund monies shall be appropriated to any Department or agency
21    of State government for administration, grants, or operations
22    except  as  provided  hereafter; but this limitation is not a
23    restriction upon appropriating for those  purposes  any  Road
24    Fund  monies that are eligible for federal reimbursement.  It
25    shall not be lawful to  circumvent  the  above  appropriation
26    limitations  by governmental reorganization or other methods.
27    Appropriations shall be made  from  the  Road  Fund  only  in
28    accordance with the provisions of this Section.
29        Money  in  the  Road Fund shall, if and when the State of
30    Illinois incurs any bonded indebtedness for the  construction
31    of  permanent highways, be set aside and used for the purpose
32    of paying   and  discharging  during  each  fiscal  year  the
33    principal  and  interest  on  that  bonded indebtedness as it
34    becomes due and payable as  provided  in  the  Transportation
 
                            -49-     LRB093 02818 SJM 17306 a
 1    Bond  Act, and for no other purpose.  The surplus, if any, in
 2    the Road Fund after the payment of principal and interest  on
 3    that  bonded  indebtedness then annually due shall be used as
 4    follows:
 5             first --  to  pay  the  cost  of  administration  of
 6        Chapters 2 through 10 of the Illinois Vehicle Code; and
 7             secondly  --  no Road Fund monies derived from fees,
 8        excises,  or  license  taxes  relating  to  registration,
 9        operation and use of vehicles on public  highways  or  to
10        fuels used for the propulsion of those vehicles, shall be
11        appropriated   or   expended  other  than  for  costs  of
12        administering the laws imposing those fees, excises,  and
13        license  taxes, statutory refunds and adjustments allowed
14        thereunder, administrative costs  of  the  Department  of
15        Transportation, payment of debts and liabilities incurred
16        in construction and reconstruction of public highways and
17        bridges, acquisition of rights-of-way for and the cost of
18        construction,  reconstruction,  maintenance,  repair, and
19        operation  of  public  highways  and  bridges  under  the
20        direction  and  supervision  of  the   State,   political
21        subdivision, or municipality collecting those monies, and
22        the costs for patrolling and policing the public highways
23        (by   State,   political   subdivision,  or  municipality
24        collecting that money) for enforcement of  traffic  laws.
25        The  separation of grades of such highways with railroads
26        and costs associated with protection of at-grade  highway
27        and railroad crossing shall also be permissible.
28        Appropriations  for any of such purposes are payable from
29    the Road Fund  or  the  Grade  Crossing  Protection  Fund  as
30    provided in Section 8 of the Motor Fuel Tax Law.
31        Except  as  provided  in  this  paragraph, beginning with
32    fiscal year 1991 and thereafter, no Road Fund monies shall be
33    appropriated to  the  Department  of  State  Police  for  the
34    purposes  of  this Section in excess of its total fiscal year
 
                            -50-     LRB093 02818 SJM 17306 a
 1    1990 Road  Fund  appropriations  for  those  purposes  unless
 2    otherwise  provided  in  Section  5g  of this Act. For fiscal
 3    years year 2003 and 2004 only, no Road Fund monies  shall  be
 4    appropriated  to  the  Department  of  State  Police  for the
 5    purposes of this Section in excess of $97,310,000.  It  shall
 6    not be lawful to circumvent this limitation on appropriations
 7    by   governmental  reorganization  or  other  methods  unless
 8    otherwise provided in Section 5g of this Act.
 9        In fiscal  year  1994,  no  Road  Fund  monies  shall  be
10    appropriated  to  the  Secretary of State for the purposes of
11    this Section in excess of the total  fiscal  year  1991  Road
12    Fund  appropriations  to  the  Secretary  of  State for those
13    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
14    circumvent this limitation on appropriations by  governmental
15    reorganization or other method.
16        Beginning  with  fiscal year 1995 and thereafter, no Road
17    Fund monies shall be appropriated to the Secretary  of  State
18    for  the  purposes  of  this  Section  in excess of the total
19    fiscal year 1994 Road Fund appropriations to the Secretary of
20    State  for  those  purposes.  It  shall  not  be  lawful   to
21    circumvent  this limitation on appropriations by governmental
22    reorganization or other methods.
23        Beginning  with  fiscal  year  2000,  total   Road   Fund
24    appropriations  to the Secretary of State for the purposes of
25    this Section shall not exceed the amounts specified  for  the
26    following fiscal years:
27             Fiscal Year 2000                        $80,500,000;
28             Fiscal Year 2001                        $80,500,000;
29             Fiscal Year 2002                        $80,500,000;
30             Fiscal Year 2003                       $130,500,000;
31             Fiscal Year 2004                       $130,500,000;
32             Fiscal Year 2005 2004 and
33               each year thereafter                  $30,500,000.
34        It  shall  not be lawful to circumvent this limitation on
 
                            -51-     LRB093 02818 SJM 17306 a
 1    appropriations  by  governmental  reorganization   or   other
 2    methods.
 3        No  new  program may be initiated in fiscal year 1991 and
 4    thereafter  that  is  not  consistent  with  the  limitations
 5    imposed by this Section for fiscal year 1984 and  thereafter,
 6    insofar as appropriation of Road Fund monies is concerned.
 7        Nothing in this Section prohibits transfers from the Road
 8    Fund  to the State Construction Account Fund under Section 5e
 9    of this Act; nor to the General Revenue Fund,  as  authorized
10    by this amendatory Act of the 93rd General Assembly.
11        The additional amounts authorized for expenditure in this
12    Section  by  this amendatory Act of the 92nd General Assembly
13    shall be repaid to the Road Fund  from  the  General  Revenue
14    Fund  in  the  next  succeeding  fiscal year that the General
15    Revenue Fund has a positive budgetary balance, as  determined
16    by  generally  accepted  accounting  principles applicable to
17    government.
18        The additional amounts authorized for expenditure by  the
19    Secretary of State and the Department of State Police in this
20    Section  by  this amendatory Act of the 93rd General Assembly
21    shall be repaid to the Road Fund  from  the  General  Revenue
22    Fund  in  the  next  succeeding  fiscal year that the General
23    Revenue Fund has a positive budgetary balance, as  determined
24    by   generally  accepted  account  principles  applicable  to
25    government.
26    (Source: P.A.  91-37,  eff.  7-1-99;  91-760,  eff.   1-1-01;
27    92-600, eff. 6-28-02.)

28        (30 ILCS 105/8.16c new)
29        Sec.   8.16c.  Appropriations   related   to   efficiency
30    initiatives.   Appropriations   for   processing   contracted
31    assistance,  the  purchase  of commodities and equipment, the
32    retention of  staff,  and  all  other  expenses  incident  to
33    efficiency  initiatives  authorized by Section 405-292 of the
 
                            -52-     LRB093 02818 SJM 17306 a
 1    Department of Central Management Services Law  of  the  Civil
 2    Administrative   Code   of  Illinois  are  payable  from  the
 3    Efficiency  Initiatives  Revolving  Fund.   Until  there  are
 4    sufficient funds in the Efficiency Initiatives Revolving Fund
 5    to carry out the purposes of this amendatory Act of the  93rd
 6    General  Assembly,  the  State  agencies  subject  to Section
 7    405-292 of the Department of Central Management Services  Law
 8    of  the  Civil  Administrative  Code  of  Illinois  shall, on
 9    written  approval  of  the  Director  of  Central  Management
10    Services,  pay  the  costs  associated  with  the  efficiency
11    initiative from current appropriations as if  those  expenses
12    were duly incurred by the respective agencies.

13        (30 ILCS 105/8j new)
14        Sec.  8j.   Allocation  and  transfer  of fee receipts to
15    General Revenue Fund.  If and only if  any  one  or  more  of
16    Senate  Bills  774,  841,  842,  and 1903 of the 93rd General
17    Assembly become law, notwithstanding any  other  law  to  the
18    contrary,   additional  amounts  generated  by  the  new  and
19    increased fees created or authorized by these amendatory Acts
20    of the 93rd General Assembly shall be allocated  between  the
21    fund  otherwise  entitled  to receive the fee and the General
22    Revenue Fund by the Bureau of the Budget.  In determining the
23    amount of the allocation to the  General  Revenue  Fund,  the
24    Director  of the Bureau of the Budget shall calculate whether
25    the available resources in the fund are sufficient to satisfy
26    the unexpended and unreserved appropriations  from  the  fund
27    for the fiscal year.
28        In  calculating  the  available  resources in a fund, the
29    Director of the Bureau of the Budget  may  include  receipts,
30    transfers  into  the fund, and other resources anticipated to
31    be available in the fund in that fiscal year.
32        Upon determining the  amount  of  an  allocation  to  the
33    General  Revenue Fund under this Section, the Director of the
 
                            -53-     LRB093 02818 SJM 17306 a
 1    Bureau of the Budget  may  direct  the  State  Treasurer  and
 2    Comptroller  to  transfer  the amount of that allocation from
 3    the fund in which the fee amounts have been deposited to  the
 4    General  Revenue  Fund;  provided, however, that the Director
 5    shall not direct the transfer of any amount that  would  have
 6    the effect of reducing the available resources in the fund to
 7    an  amount  less  than  the  amount  remaining unexpended and
 8    unreserved from the total appropriation from  that  fund  for
 9    that fiscal year.
10        The  State  Treasurer  and Comptroller shall transfer the
11    amounts designated under this  Section  as  soon  as  may  be
12    practicable  after  receiving  the direction to transfer from
13    the Director of the Bureau of the Budget.

14        Section 50-20.  The Pretrial Services Act is  amended  by
15    changing Section 33 as follows:

16        (725 ILCS 185/33) (from Ch. 38, par. 333)
17        Sec.   33.   The  Supreme  Court  shall  pay  from  funds
18    appropriated to it for this  purpose  100%  of  all  approved
19    costs  for  pretrial  services,  including  pretrial services
20    officers,   necessary   support   personnel,   travel   costs
21    reasonably related to  the  delivery  of  pretrial  services,
22    space    costs,   equipment,   telecommunications,   postage,
23    commodities, printing and contractual services.  Costs  shall
24    be reimbursed monthly, based on a plan and budget approved by
25    the Supreme Court.  No department may be reimbursed for costs
26    which exceed or are not provided for in the approved plan and
27    budget.  For  State  fiscal  year  2004  only,  the Mandatory
28    Arbitration Fund may be used to reimburse approved costs  for
29    pretrial services.
30    (Source: P.A. 84-1449.)

31        Section  50-25.  The Probation and Probation Officers Act
 
                            -54-     LRB093 02818 SJM 17306 a
 1    is amended by changing Section 15 as follows:

 2        (730 ILCS 110/15) (from Ch. 38, par. 204-7)
 3        Sec. 15.  (1) The Supreme Court of Illinois may establish
 4    a Division of Probation Services whose purpose shall  be  the
 5    development,  establishment, promulgation, and enforcement of
 6    uniform standards for probation services in this  State,  and
 7    to  otherwise carry out the intent of this Act.  The Division
 8    may:
 9             (a)  establish qualifications  for  chief  probation
10        officers and other probation and court services personnel
11        as to hiring, promotion, and training.
12             (b)  make  available,  on  a  timely basis, lists of
13        those   applicants   whose   qualifications   meet    the
14        regulations  referred  to herein, including on said lists
15        all candidates found qualified.
16             (c)  establish a means of verifying  the  conditions
17        for reimbursement under this Act and develop criteria for
18        approved costs for reimbursement.
19             (d)  develop    standards   and   approve   employee
20        compensation schedules for probation and  court  services
21        departments.
22             (e)  employ  sufficient personnel in the Division to
23        carry out the functions of the Division.
24             (f)  establish a system of  training  and  establish
25        standards for personnel orientation and training.
26             (g)  develop   standards  for  a  system  of  record
27        keeping  for  cases  and  programs,  gather   statistics,
28        establish a system of uniform forms, and develop research
29        for planning of Probation Services.
30             (h)  develop  standards  to  assure adequate support
31        personnel, office space, equipment and  supplies,  travel
32        expenses,   and   other  essential  items  necessary  for
33        Probation and Court Services  Departments  to  carry  out
 
                            -55-     LRB093 02818 SJM 17306 a
 1        their duties.
 2             (i)  review  and  approve  annual plans submitted by
 3        Probation and Court Services Departments.
 4             (j)  monitor and evaluate all programs  operated  by
 5        Probation and Court Services Departments, and may include
 6        in  the  program  evaluation criteria such factors as the
 7        percentage of Probation sentences for felons convicted of
 8        Probationable offenses.
 9             (k)  seek  the  cooperation  of  local   and   State
10        government and private agencies to improve the quality of
11        probation and court services.
12             (l)  where   appropriate,   establish  programs  and
13        corresponding standards designed to generally improve the
14        quality of probation and court services  and  reduce  the
15        rate  of  adult  or  juvenile  offenders committed to the
16        Department of Corrections.
17             (m)  establish such other standards and  regulations
18        and  do  all  acts  necessary to carry out the intent and
19        purposes of this Act.
20        The Division shall establish a model list  of  structured
21    intermediate  sanctions  that  may  be imposed by a probation
22    agency for violations of terms and conditions of  a  sentence
23    of probation, conditional discharge, or supervision.
24        The  State  of  Illinois  shall  provide for the costs of
25    personnel, travel,  equipment,  telecommunications,  postage,
26    commodities,  printing, space, contractual services and other
27    related costs necessary to carry out the intent of this Act.
28        (2) (a)  The chief judge of each  circuit  shall  provide
29    full-time  probation  services  for  all  counties within the
30    circuit, in a manner consistent  with  the  annual  probation
31    plan, the standards, policies, and regulations established by
32    the  Supreme  Court.  A  probation  district  of  two or more
33    counties within a circuit may be created for the purposes  of
34    providing full-time probation services. Every county or group
 
                            -56-     LRB093 02818 SJM 17306 a
 1    of  counties  within  a  circuit  shall  maintain a probation
 2    department which shall be under the authority  of  the  Chief
 3    Judge  of  the  circuit or some other judge designated by the
 4    Chief Judge. The Chief Judge, through the Probation and Court
 5    Services Department shall submit annual plans to the Division
 6    for probation and related services.
 7        (b)  The Chief Judge of each circuit  shall  appoint  the
 8    Chief  Probation Officer and all other probation officers for
 9    his  or  her  circuit  from  lists  of  qualified  applicants
10    supplied by the Supreme Court. Candidates for chief  managing
11    officer and other probation officer positions must apply with
12    both the Chief Judge of the circuit and the Supreme Court.
13        (3)  A Probation and Court Service Department shall apply
14    to  the  Supreme  Court for funds for basic services, and may
15    apply  for  funds  for   new   and   expanded   programs   or
16    Individualized   Services   and   Programs.  Costs  shall  be
17    reimbursed monthly based on a plan and budget approved by the
18    Supreme Court. No Department  may  be  reimbursed  for  costs
19    which  exceed  or are not provided for in the approved annual
20    plan and budget. After the effective date of this  amendatory
21    Act  of  1985,  each  county  must  provide basic services in
22    accordance with the annual plan and standards created by  the
23    division. No department may receive funds for new or expanded
24    programs  or individualized services and programs unless they
25    are in compliance with standards as enumerated  in  paragraph
26    (h)  of  subsection (1) of this Section, the annual plan, and
27    standards for basic services.
28        (4)  The Division shall reimburse the county or  counties
29    for probation services as follows:
30             (a)  100%  of  the  salary  of  all  chief  managing
31        officers  designated  as  such by the Chief Judge and the
32        division.
33             (b)  100% of the salary for  all  probation  officer
34        and  supervisor  positions  approved for reimbursement by
 
                            -57-     LRB093 02818 SJM 17306 a
 1        the division  after  April  1,  1984,  to  meet  workload
 2        standards   and   to  implement  intensive  sanction  and
 3        probation supervision programs and other  basic  services
 4        as defined in this Act.
 5             (c)  100%  of  the  salary  for all secure detention
 6        personnel and non-secure group  home  personnel  approved
 7        for  reimbursement  after  December 1, 1990. For all such
 8        positions approved for reimbursement before  December  1,
 9        1990,  the  counties shall be reimbursed $1,250 per month
10        beginning July 1, 1995, and an additional $250 per  month
11        beginning  each  July  1st thereafter until the positions
12        receive 100% salary  reimbursement.  Allocation  of  such
13        positions  will  be based on comparative need considering
14        capacity,  staff/resident  ratio,  physical   plant   and
15        program.
16             (d)  $1,000 per month for salaries for the remaining
17        probation officer positions engaged in basic services and
18        new  or  expanded  services.  All such positions shall be
19        approved by the division in accordance with this Act  and
20        division standards.
21             (e)  100%  of the travel expenses in accordance with
22        Division standards for all Probation  positions  approved
23        under paragraph (b) of subsection 4 of this Section.
24             (f)  If the amount of funds reimbursed to the county
25        under  paragraphs (a) through (e) of subsection 4 of this
26        Section on an annual basis is less than  the  amount  the
27        county   had   received   during   the  12  month  period
28        immediately  prior  to  the  effective   date   of   this
29        amendatory Act of 1985, then the Division shall reimburse
30        the amount of the difference to the county. The effect of
31        paragraph  (b)  of  subsection 7 of this Section shall be
32        considered    in    implementing    this     supplemental
33        reimbursement provision.
34        (5)  The  Division shall provide funds beginning on April
 
                            -58-     LRB093 02818 SJM 17306 a
 1    1, 1987 for the counties to provide  Individualized  Services
 2    and Programs as provided in Section 16 of this Act.
 3        (6)  A  Probation  and Court Services Department in order
 4    to be eligible for  the  reimbursement  must  submit  to  the
 5    Supreme  Court an application containing such information and
 6    in such a form and by such dates as  the  Supreme  Court  may
 7    require.  Departments to be eligible for funding must satisfy
 8    the following conditions:
 9             (a)  The Department shall  have  on  file  with  the
10        Supreme  Court  an  annual Probation plan for continuing,
11        improved, and new Probation and Court  Services  Programs
12        approved  by the Supreme Court or its designee. This plan
13        shall indicate the manner in which  Probation  and  Court
14        Services  will be delivered and improved, consistent with
15        the minimum standards and regulations for  Probation  and
16        Court  Services,  as established by the Supreme Court. In
17        counties with more than one Probation and Court  Services
18        Department  eligible  to  receive  funds, all Departments
19        within that county must submit plans which  are  approved
20        by the Supreme Court.
21             (b)  The   annual   probation  plan  shall  seek  to
22        generally improve the quality of probation  services  and
23        to  reduce the commitment of adult and juvenile offenders
24        to the Department of Corrections and shall require,  when
25        appropriate,   coordination   with   the   Department  of
26        Corrections and the Department  of  Children  and  Family
27        Services   in   the  development  and  use  of  community
28        resources,   information   systems,   case   review   and
29        permanency planning systems to avoid the  duplication  of
30        services.
31             (c)  The  Department  shall  be  in  compliance with
32        standards developed by the Supreme Court for  basic,  new
33        and  expanded  services,  training,  personnel hiring and
34        promotion.
 
                            -59-     LRB093 02818 SJM 17306 a
 1             (d)  The  Department  shall  in  its   annual   plan
 2        indicate  the  manner in which it will support the rights
 3        of crime victims and in which manner  it  will  implement
 4        Article  I,  Section 8.1 of the Illinois Constitution and
 5        in what manner it will coordinate crime victims'  support
 6        services  with other criminal justice agencies within its
 7        jurisdiction, including but not limited to,  the  State's
 8        Attorney,   the   Sheriff   and   any   municipal  police
 9        department.
10        (7)  No statement shall be verified by the Supreme  Court
11    or  its  designee or vouchered by the Comptroller unless each
12    of the following conditions have been met:
13             (a)  The probation officer is a  full-time  employee
14        appointed   by  the  Chief  Judge  to  provide  probation
15        services.
16             (b)  The probation officer, in order to be  eligible
17        for  State  reimbursement,  is  receiving  a salary of at
18        least $17,000 per year.
19             (c)  The  probation  officer  is  appointed  or  was
20        reappointed in accordance with minimum qualifications  or
21        criteria  established  by the Supreme Court; however, all
22        probation officers appointed prior to  January  1,  1978,
23        shall   be   exempted   from   the  minimum  requirements
24        established by the Supreme Court. Payments shall be  made
25        to  counties  employing these exempted probation officers
26        as long as they are employed in the position held on  the
27        effective   date   of   this   amendatory  Act  of  1985.
28        Promotions shall be governed  by  minimum  qualifications
29        established by the Supreme Court.
30             (d)  The  Department has an established compensation
31        schedule approved by the Supreme Court. The  compensation
32        schedule  shall  include  salary  ranges  with  necessary
33        increments  to  compensate  each employee. The increments
34        shall, within the salary ranges, be based on such factors
 
                            -60-     LRB093 02818 SJM 17306 a
 1        as bona fide  occupational  qualifications,  performance,
 2        and  length  of  service. Each position in the Department
 3        shall be placed on the compensation schedule according to
 4        job duties and responsibilities  of  such  position.  The
 5        policy  and procedures of the compensation schedule shall
 6        be made available to each employee.
 7        (8)  In  order  to  obtain  full  reimbursement  of   all
 8    approved  costs,  each  Department must continue to employ at
 9    least the same number of  probation  officers  and  probation
10    managers  as  were  authorized  for employment for the fiscal
11    year which includes January 1, 1985.  This  number  shall  be
12    designated as the base amount of the Department. No positions
13    approved  by the Division under paragraph (b) of subsection 4
14    will be included in the base amount. In the  event  that  the
15    Department  employs  fewer  Probation  officers and Probation
16    managers than the base  amount  for  a  period  of  90  days,
17    funding received by the Department under subsection 4 of this
18    Section  may  be  reduced on a monthly basis by the amount of
19    the current salaries of any positions below the base amount.
20        (9)  Before the 15th day of each month, the treasurer  of
21    any   county   which  has  a  Probation  and  Court  Services
22    Department, or the treasurer of the most populous county,  in
23    the  case  of a Probation or Court Services Department funded
24    by more than one county, shall submit an  itemized  statement
25    of  all  approved  costs  incurred  in  the delivery of Basic
26    Probation and Court Services under this Act  to  the  Supreme
27    Court. The treasurer may also submit an itemized statement of
28    all  approved  costs  incurred  in  the  delivery  of new and
29    expanded  Probation   and   Court   Services   as   well   as
30    Individualized  Services  and  Programs. The Supreme Court or
31    its designee shall verify compliance with  this  Section  and
32    shall  examine  and  audit  the  monthly  statement and, upon
33    finding them  to  be  correct,  shall  forward  them  to  the
34    Comptroller  for payment to the county treasurer. In the case
 
                            -61-     LRB093 02818 SJM 17306 a
 1    of payment to a treasurer of  a  county  which  is  the  most
 2    populous  of  counties  sharing  the salary and expenses of a
 3    Probation and Court Services Department, the treasurer  shall
 4    divide  the  money  between  the  counties  in  a manner that
 5    reflects each county's share of  the  cost  incurred  by  the
 6    Department.
 7        (10)  The   county  treasurer  must  certify  that  funds
 8    received under this Section shall be used solely to  maintain
 9    and  improve  Probation  and  Court  Services.  The county or
10    circuit  shall  remain  in  compliance  with  all  standards,
11    policies and regulations established by the Supreme Court. If
12    at any time the Supreme Court determines  that  a  county  or
13    circuit  is  not  in  compliance,  the  Supreme  Court  shall
14    immediately notify the Chief Judge, county board chairman and
15    the  Director  of  Court Services Chief Probation Officer. If
16    after 90 days  of  written  notice  the  noncompliance  still
17    exists,  the  Supreme  Court  shall be required to reduce the
18    amount of monthly reimbursement by  10%.  An  additional  10%
19    reduction  of  monthly  reimbursement  shall  occur  for each
20    consecutive month of noncompliance.  Except  as  provided  in
21    subsection  5  of  Section  15,  funding  to  counties  shall
22    commence  on  April  1,  1986.  Funds received under this Act
23    shall be used to provide for  Probation  Department  expenses
24    including  those  required  under Section 13 of this Act. For
25    State fiscal year 2004 only, the Mandatory  Arbitration  Fund
26    may  be  used  to  provide for Probation Department expenses,
27    including those required under Section 13 of this Act.
28        (11)  The respective counties shall  be  responsible  for
29    capital  and  space  costs,  fringe benefits, clerical costs,
30    equipment,  telecommunications,  postage,   commodities   and
31    printing.
32        (12)  Probation   officers   shall  be  considered  peace
33    officers in the exercise of their official duties.  Probation
34    officers,  sheriffs  and police officers may, anywhere within
 
                            -62-     LRB093 02818 SJM 17306 a
 1    the State, arrest any probationer who is in violation of  any
 2    of  the conditions of his probation, and it shall be the duty
 3    of the officer making such arrest to  take  said  probationer
 4    before  the  Court  having  jurisdiction over him for further
 5    order.
 6    (Source: P.A. 89-198, eff.  7-21-95;  89-390,  eff.  8-20-95;
 7    89-626, eff. 8-9-96.)

 8        Section 50-35.  The Code of Civil Procedure is amended by
 9    changing Section 2-1009A as follows:

10        (735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
11        Sec. 2-1009A.  Filing Fees.  In each county authorized by
12    the Supreme Court to utilize mandatory arbitration, the clerk
13    of the circuit court shall charge and collect, in addition to
14    any  other fees, an arbitration fee of $8, except in counties
15    with 3,000,000 or more inhabitants the fee shall be  $10,  at
16    the  time  of  filing  the  first  pleading,  paper  or other
17    appearance filed by each party in all  civil  cases,  but  no
18    additional  fee  shall  be required if more than one party is
19    represented in a single pleading, paper or other  appearance.
20    Arbitration  fees  received by the clerk of the circuit court
21    pursuant to this Section shall be remitted within  one  month
22    after  receipt  to  the  State Treasurer for deposit into the
23    Mandatory Arbitration Fund,  a  special  fund  in  the  State
24    treasury  for  the  purpose  of funding mandatory arbitration
25    programs  and  such  other  alternative  dispute   resolution
26    programs  as  may  be  authorized  by  circuit court rule for
27    operation  in  counties  that  have   implemented   mandatory
28    arbitration,  with  a  separate  account being maintained for
29    each county. Notwithstanding  any  other  provision  of  this
30    Section to the contrary, and for State fiscal year 2004 only,
31    up  to  $5,500,000  of  the Mandatory Arbitration Fund may be
32    used for any other purpose authorized by the Supreme Court.
 
                            -63-     LRB093 02818 SJM 17306 a
 1    (Source: P.A. 88-108; 89-532, eff. 7-19-96.)

 2                             ARTICLE 999

 3        Section 999-99.  Effective date.  This Act  takes  effect
 4    upon becoming law.".