Public Act 93-0025
SB874 Enrolled LRB093 02818 RCE 02834 b
AN ACT regarding finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
Section 1-1. Short title. This Act may be cited as the
FY2004 Budget Implementation (State Finance-Administration)
Act.
Section 1-5. Purpose. It is the purpose of this Act to
make changes relating to State finance-administration that
are necessary to implement the State's FY2004 budget.
ARTICLE 20
Section 20-5. The Department of Central Management
Services Law of the Civil Administrative Code of Illinois is
amended by adding Section 405-410 as follows:
(20 ILCS 405/405-410 new)
Sec. 405-410. Transfer of Information Technology
functions.
(a) Notwithstanding any other law to the contrary, on or
before June 30, 2004, the Director of Central Management
Services, working in cooperation with the Director of any
other agency, department, board, or commission directly
responsible to the Governor, may direct the transfer, to the
Department of Central Management Services, of those
information technology functions at that agency, department,
board, or commission that are suitable for centralization.
Upon receipt of the written direction to transfer
information technology functions to the Department of Central
Management Services, the personnel, equipment, and property
(both real and personal) directly relating to the transferred
functions shall be transferred to the Department of Central
Management Services, and the relevant documents, records, and
correspondence shall be transferred or copied, as the
Director may prescribe.
(b) Upon receiving written direction from the Director
of Central Management Services, the Comptroller and Treasurer
are authorized to transfer the unexpended balance of any
appropriations related to the information technology
functions transferred to the Department of Central Management
Services and shall make the necessary fund transfers from any
special fund in the State Treasury or from any other federal
or State trust fund held by the Treasurer to the General
Revenue Fund for use by the Department of Central Management
Services in support of information technology functions or
any other related costs or expenses of the Department of
Central Management Services.
(c) The rights of employees and the State and its
agencies under the Personnel Code and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan shall not be affected by any transfer under this
Section.
(d) The functions transferred to the Department of
Central Management Services by this Section shall be vested
in and shall be exercised by the Department of Central
Management Services. Each act done in the exercise of those
functions shall have the same legal effect as if done by the
agencies, offices, divisions, departments, bureaus, boards
and commissions from which they were transferred.
Every person or other entity shall be subject to the same
obligations and duties and any penalties, civil or criminal,
arising therefrom, and shall have the same rights arising
from the exercise of such rights, powers, and duties as had
been exercised by the agencies, offices, divisions,
departments, bureaus, boards, and commissions from which they
were transferred.
Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person in regards to the functions transferred to or upon the
agencies, offices, divisions, departments, bureaus, boards,
and commissions from which the functions were transferred,
the same shall be made, given, furnished or served in the
same manner to or upon the Department of Central Management
Services.
This Section does not affect any act done, ratified, or
cancelled or any right occurring or established or any action
or proceeding had or commenced in an administrative, civil,
or criminal cause regarding the functions transferred, but
those proceedings may be continued by the Department of
Central Management Services.
This Section does not affect the legality of any rules in
the Illinois Administrative Code regarding the functions
transferred in this Section that are in force on the
effective date of this Section. If necessary, however, the
affected agencies shall propose, adopt, or repeal rules, rule
amendments, and rule recodifications as appropriate to
effectuate this Section.
ARTICLE 25
Section 25-5. The Civil Administrative Code of Illinois
is amended by changing Sections 1-5, 5-15, 5-20, and 5-120 as
follows:
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. General Provisions (20 ILCS 5/1-1 and
following).
Article 5. Departments of State Government Law (20 ILCS
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 20/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS
205/).
Article 250. State Fair Grounds Title Law (5 ILCS 620/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services
Law (20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Economic
Opportunity Community Affairs Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS
1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2005. Department of Nuclear Safety Law (20 ILCS
2005/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Public Aid Law (20 ILCS
2205/).
Article 2310. Department of Public Health Powers and
Duties Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2510. Certified Audit Program Law (20 ILCS
2510/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of
Functions and Duties Law (110 ILCS 355/).
(Source: P.A. 91-239, eff. 1-1-00; 92-16, eff. 6-28-01;
92-651, eff. 7-11-02.)
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity
Community Affairs.
The Department of Corrections.
The Department of Employment Security.
The Department of Financial Institutions.
The Department of Human Rights.
The Department of Human Services.
The Department of Insurance.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Nuclear Safety.
The Department of Professional Regulation.
The Department of Public Aid.
The Department of Public Health.
The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall
have an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the
Civil Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity Community
Affairs, for the Department of Commerce and Economic
Opportunity Community Affairs.
Director of Corrections, for the Department of
Corrections.
Director of Employment Security, for the Department of
Employment Security.
Director of Financial Institutions, for the Department of
Financial Institutions.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Director of Insurance, for the Department of Insurance.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Nuclear Safety, for the Department of Nuclear
Safety.
Director of Professional Regulation, for the Department
of Professional Regulation.
Director of Public Aid, for the Department of Public Aid.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 5/5-120) (was 20 ILCS 5/5.13g)
Sec. 5-120. In the Department of Commerce and Economic
Opportunity Community Affairs. Assistant Director of Commerce
and Economic Opportunity Community Affairs.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 25-10. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-1 and 605-5 and by adding
Section 605-7 as follows:
(20 ILCS 605/605-1)
Sec. 605-1. Article short title. This Article 605 of the
Civil Administrative Code of Illinois may be cited as the
Department of Commerce and Economic Opportunity Community
Affairs Law.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 605/605-5) (was 20 ILCS 605/46.1 in part)
Sec. 605-5. Definitions. As used in the Sections
following this Section:
"Department" means the Department of Commerce and
Economic Opportunity Community Affairs.
"Director" means the Director of Commerce and Economic
Opportunity Community Affairs.
"Local government" means every county, municipality,
township, school district, and other local political
subdivision having authority to enact laws and ordinances, to
administer laws and ordinances, to raise taxes, or to expend
funds.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 605/605-7 new)
Sec. 605-7. Name change. On the effective date of this
amendatory Act of the 93rd General Assembly, the name of the
Department of Commerce and Community Affairs is changed to
the Department of Commerce and Economic Opportunity.
References in any law, appropriation, rule, form, or other
document (i) to the Department of Commerce and Community
Affairs or to DCCA are deemed, in appropriate contexts, to be
references to the Department of Commerce and Economic
Opportunity for all purposes and (ii) to the Director of
Commerce and Community Affairs are deemed, in appropriate
contexts, to be references to the Director of Commerce and
Economic Opportunity for all purposes.
ARTICLE 30
Section 30-5. The Illinois Procurement Code is amended
by changing Section 50-11 and adding Section 50-12 as
follows:
(30 ILCS 500/50-11)
Sec. 50-11. Debt delinquency.
(a) No person shall submit a bid for or enter into a
contract with a State agency under this Code if that person
knows or should know that he or she or any affiliate is
delinquent in the payment of any debt to the State, unless
the person or affiliate has entered into a deferred payment
plan to pay off the debt. For purposes of this Section, the
phrase "delinquent in the payment of any debt" shall be
determined by the Debt Collection Board. For purposes of this
Section, the term "affiliate" means any entity that (1)
directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the
control of a common entity. For purposes of this subsection
(a), a person controls an entity if the person owns, directly
or individually, more than 10% of the voting securities of
that entity. As used in this subsection (a), the term "voting
security" means a security that (1) confers upon the holder
the right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
(b) Every bid submitted to and contract executed by the
State shall contain a certification by the bidder or
contractor that the contractor and its affiliate is not
barred from being awarded a contract under this Section and
that the contractor acknowledges that the contracting State
agency may declare the contract void if the certification
completed pursuant to this subsection (b) is false.
(Source: P.A. 92-404, eff. 7-1-02.)
(30 ILCS 500/50-12 new)
Sec. 50-12. Collection and remittance of Illinois Use
Tax.
(a) No person shall enter into a contract with a State
agency under this Code unless the person and all affiliates
of the person collect and remit Illinois Use Tax on all sales
of tangible personal property into the State of Illinois in
accordance with the provisions of the Illinois Use Tax Act
regardless of whether the person or affiliate is a "retailer
maintaining a place of business within this State" as defined
in Section 2 of the Use Tax Act. For purposes of this
Section, the term "affiliate" means any entity that (1)
directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the
control of a common entity. For purposes of this subsection
(a), an entity controls another entity if it owns, directly
or individually, more than 10% of the voting securities of
that entity. As used in this subsection (a), the term "voting
security" means a security that (1) confers upon the holder
the right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
(b) Every bid submitted and contract executed by the
State shall contain a certification by the bidder or
contractor that the bidder or contractor is not barred from
bidding for or entering into a contract under subsection (a)
of this Section and that the bidder or contractor
acknowledges that the contracting State agency may declare
the contract void if the certification completed pursuant to
this subsection (b) is false.
Section 30-10. The Illinois Income Tax Act is amended by
changing Section 917 as follows:
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
Sec. 917. Confidentiality and information sharing.
(a) Confidentiality. Except as provided in this Section,
all information received by the Department from returns filed
under this Act, or from any investigation conducted under the
provisions of this Act, shall be confidential, except for
official purposes within the Department or pursuant to
official procedures for collection of any State tax or
pursuant to an investigation or audit by the Illinois State
Scholarship Commission of a delinquent student loan or
monetary award or enforcement of any civil or criminal
penalty or sanction imposed by this Act or by another statute
imposing a State tax, and any person who divulges any such
information in any manner, except for such purposes and
pursuant to order of the Director or in accordance with a
proper judicial order, shall be guilty of a Class A
misdemeanor. However, the provisions of this paragraph are
not applicable to information furnished to a licensed
attorney representing the taxpayer where an appeal or a
protest has been filed on behalf of the taxpayer.
(b) Public information. Nothing contained in this Act
shall prevent the Director from publishing or making
available to the public the names and addresses of persons
filing returns under this Act, or from publishing or making
available reasonable statistics concerning the operation of
the tax wherein the contents of returns are grouped into
aggregates in such a way that the information contained in
any individual return shall not be disclosed.
(c) Governmental agencies. The Director may make
available to the Secretary of the Treasury of the United
States or his delegate, or the proper officer or his delegate
of any other state imposing a tax upon or measured by income,
for exclusively official purposes, information received by
the Department in the administration of this Act, but such
permission shall be granted only if the United States or such
other state, as the case may be, grants the Department
substantially similar privileges. The Director may exchange
information with the Illinois Department of Public Aid and
the Department of Human Services (acting as successor to the
Department of Public Aid under the Department of Human
Services Act) for the purpose of verifying sources and
amounts of income and for other purposes directly connected
with the administration of this Act and the Illinois Public
Aid Code. The Director may exchange information with the
Director of the Department of Employment Security for the
purpose of verifying sources and amounts of income and for
other purposes directly connected with the administration of
this Act and Acts administered by the Department of
Employment Security. The Director may make available to the
Illinois Industrial Commission information regarding
employers for the purpose of verifying the insurance coverage
required under the Workers' Compensation Act and Workers'
Occupational Diseases Act.
The Director may make available to any State agency,
including the Illinois Supreme Court, which licenses persons
to engage in any occupation, information that a person
licensed by such agency has failed to file returns under this
Act or pay the tax, penalty and interest shown therein, or
has failed to pay any final assessment of tax, penalty or
interest due under this Act. The Director may make available
to any State agency, including the Illinois Supreme Court,
information regarding whether a bidder, contractor, or an
affiliate of a bidder or contractor has failed to file
returns under this Act or pay the tax, penalty, and interest
shown therein, or has failed to pay any final assessment of
tax, penalty, or interest due under this Act, for the limited
purpose of enforcing bidder and contractor certifications.
For purposes of this Section, the term "affiliate" means any
entity that (1) directly, indirectly, or constructively
controls another entity, (2) is directly, indirectly, or
constructively controlled by another entity, or (3) is
subject to the control of a common entity. For purposes of
this subsection (a), an entity controls another entity if it
owns, directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (a),
the term "voting security" means a security that (1) confers
upon the holder the right to vote for the election of members
of the board of directors or similar governing body of the
business or (2) is convertible into, or entitles the holder
to receive upon its exercise, a security that confers such a
right to vote. A general partnership interest is a voting
security.
The Director may make available to any State agency,
including the Illinois Supreme Court, units of local
government, and school districts, information regarding
whether a bidder or contractor is an affiliate of a person
who is not collecting and remitting Illinois Use taxes, for
the limited purpose of enforcing bidder and contractor
certifications.
The Director may also make available to the Secretary of
State information that a corporation which has been issued a
certificate of incorporation by the Secretary of State has
failed to file returns under this Act or pay the tax, penalty
and interest shown therein, or has failed to pay any final
assessment of tax, penalty or interest due under this Act. An
assessment is final when all proceedings in court for review
of such assessment have terminated or the time for the taking
thereof has expired without such proceedings being
instituted. For taxable years ending on or after December
31, 1987, the Director may make available to the Director or
principal officer of any Department of the State of Illinois,
information that a person employed by such Department has
failed to file returns under this Act or pay the tax, penalty
and interest shown therein. For purposes of this paragraph,
the word "Department" shall have the same meaning as provided
in Section 3 of the State Employees Group Insurance Act of
1971.
(d) The Director shall make available for public
inspection in the Department's principal office and for
publication, at cost, administrative decisions issued on or
after January 1, 1995. These decisions are to be made
available in a manner so that the following taxpayer
information is not disclosed:
(1) The names, addresses, and identification
numbers of the taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade
secrets or other confidential information identified as
such by the taxpayer, no later than 30 days after receipt
of an administrative decision, by such means as the
Department shall provide by rule.
The Director shall determine the appropriate extent of
the deletions allowed in paragraph (2). In the event the
taxpayer does not submit deletions, the Director shall make
only the deletions specified in paragraph (1).
The Director shall make available for public inspection
and publication an administrative decision within 180 days
after the issuance of the administrative decision. The term
"administrative decision" has the same meaning as defined in
Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.
(e) Nothing contained in this Act shall prevent the
Director from divulging information to any person pursuant to
a request or authorization made by the taxpayer, by an
authorized representative of the taxpayer, or, in the case of
information related to a joint return, by the spouse filing
the joint return with the taxpayer.
(Source: P.A. 89-507, eff. 7-1-97; 90-491, eff. 1-1-98.)
Section 30-15. The Retailers' Occupation Tax Act is
amended by changing Section 11 as follows:
(35 ILCS 120/11) (from Ch. 120, par. 450)
Sec. 11. All information received by the Department from
returns filed under this Act, or from any investigation
conducted under this Act, shall be confidential, except for
official purposes, and any person who divulges any such
information in any manner, except in accordance with a proper
judicial order or as otherwise provided by law, shall be
guilty of a Class B misdemeanor.
Nothing in this Act prevents the Director of Revenue from
publishing or making available to the public the names and
addresses of persons filing returns under this Act, or
reasonable statistics concerning the operation of the tax by
grouping the contents of returns so the information in any
individual return is not disclosed.
Nothing in this Act prevents the Director of Revenue from
divulging to the United States Government or the government
of any other state, or any village that does not levy any
real property taxes for village operations and that receives
more than 60% of its general corporate revenue from taxes
under the Use Tax Act, the Service Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act, or
any officer or agency thereof, for exclusively official
purposes, information received by the Department in
administering this Act, provided that such other governmental
agency agrees to divulge requested tax information to the
Department.
The Department's furnishing of information derived from a
taxpayer's return or from an investigation conducted under
this Act to the surety on a taxpayer's bond that has been
furnished to the Department under this Act, either to provide
notice to such surety of its potential liability under the
bond or, in order to support the Department's demand for
payment from such surety under the bond, is an official
purpose within the meaning of this Section.
The furnishing upon request of information obtained by
the Department from returns filed under this Act or
investigations conducted under this Act to the Illinois
Liquor Control Commission for official use is deemed to be an
official purpose within the meaning of this Section.
Notice to a surety of potential liability shall not be
given unless the taxpayer has first been notified, not less
than 10 days prior thereto, of the Department's intent to so
notify the surety.
The furnishing upon request of the Auditor General, or
his authorized agents, for official use, of returns filed and
information related thereto under this Act is deemed to be an
official purpose within the meaning of this Section.
Where an appeal or a protest has been filed on behalf of
a taxpayer, the furnishing upon request of the attorney for
the taxpayer of returns filed by the taxpayer and information
related thereto under this Act is deemed to be an official
purpose within the meaning of this Section.
The furnishing of financial information to a home rule
unit that has imposed a tax similar to that imposed by this
Act pursuant to its home rule powers, or to any village that
does not levy any real property taxes for village operations
and that receives more than 60% of its general corporate
revenue from taxes under the Use Tax Act, the Service Use Tax
Act, the Service Occupation Tax Act, and the Retailers'
Occupation Tax Act, upon request of the Chief Executive
thereof, is an official purpose within the meaning of this
Section, provided the home rule unit or village that does
not levy any real property taxes for village operations and
that receives more than 60% of its general corporate revenue
from taxes under the Use Tax Act, the Service Use Tax Act,
the Service Occupation Tax Act, and the Retailers' Occupation
Tax Act agrees in writing to the requirements of this
Section.
For a village that does not levy any real property taxes
for village operations and that receives more than 60% of its
general corporate revenue from taxes under the Use Tax Act,
Service Use Tax Act, Service Occupation Tax Act, and
Retailers' Occupation Tax Act, the officers eligible to
receive information from the Department of Revenue under this
Section are the village manager and the chief financial
officer of the village.
Information so provided shall be subject to all
confidentiality provisions of this Section. The written
agreement shall provide for reciprocity, limitations on
access, disclosure, and procedures for requesting
information.
The Department may make available to the Board of
Trustees of any Metro East Mass Transit District information
contained on transaction reporting returns required to be
filed under Section 3 of this Act that report sales made
within the boundary of the taxing authority of that Metro
East Mass Transit District, as provided in Section 5.01 of
the Local Mass Transit District Act. The disclosure shall be
made pursuant to a written agreement between the Department
and the Board of Trustees of a Metro East Mass Transit
District, which is an official purpose within the meaning of
this Section. The written agreement between the Department
and the Board of Trustees of a Metro East Mass Transit
District shall provide for reciprocity, limitations on
access, disclosure, and procedures for requesting
information. Information so provided shall be subject to all
confidentiality provisions of this Section.
The Director may make available to any State agency,
including the Illinois Supreme Court, which licenses persons
to engage in any occupation, information that a person
licensed by such agency has failed to file returns under this
Act or pay the tax, penalty and interest shown therein, or
has failed to pay any final assessment of tax, penalty or
interest due under this Act. The Director may make available
to any State agency, including the Illinois Supreme Court,
information regarding whether a bidder, contractor, or an
affiliate of a bidder or contractor has failed to collect and
remit Illinois Use tax on sales into Illinois, or any tax
under this Act or pay the tax, penalty, and interest shown
therein, or has failed to pay any final assessment of tax,
penalty, or interest due under this Act, for the limited
purpose of enforcing bidder and contractor certifications.
The Director may make available to units of local government
and school districts that require bidder and contractor
certifications, as set forth in Sections 50-11 and 50-12 of
the Illinois Procurement Code, information regarding whether
a bidder, contractor, or an affiliate of a bidder or
contractor has failed to collect and remit Illinois Use tax
on sales into Illinois, file returns under this Act, or pay
the tax, penalty, and interest shown therein, or has failed
to pay any final assessment of tax, penalty, or interest due
under this Act, for the limited purpose of enforcing bidder
and contractor certifications. For purposes of this Section,
the term "affiliate" means any entity that (1) directly,
indirectly, or constructively controls another entity, (2) is
directly, indirectly, or constructively controlled by another
entity, or (3) is subject to the control of a common entity.
For purposes of this Section, an entity controls another
entity if it owns, directly or individually, more than 10% of
the voting securities of that entity. As used in this
Section, the term "voting security" means a security that (1)
confers upon the holder the right to vote for the election of
members of the board of directors or similar governing body
of the business or (2) is convertible into, or entitles the
holder to receive upon its exercise, a security that confers
such a right to vote. A general partnership interest is a
voting security.
The Director may make available to any State agency,
including the Illinois Supreme Court, units of local
government, and school districts, information regarding
whether a bidder or contractor is an affiliate of a person
who is not collecting and remitting Illinois Use taxes for
the limited purpose of enforcing bidder and contractor
certifications.
The Director may also make available to the Secretary of
State information that a limited liability company, which has
filed articles of organization with the Secretary of State,
or corporation which has been issued a certificate of
incorporation by the Secretary of State has failed to file
returns under this Act or pay the tax, penalty and interest
shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment
is final when all proceedings in court for review of such
assessment have terminated or the time for the taking thereof
has expired without such proceedings being instituted.
The Director shall make available for public inspection
in the Department's principal office and for publication, at
cost, administrative decisions issued on or after January 1,
1995. These decisions are to be made available in a manner
so that the following taxpayer information is not disclosed:
(1) The names, addresses, and identification
numbers of the taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade
secrets or other confidential information identified as
such by the taxpayer, no later than 30 days after receipt
of an administrative decision, by such means as the
Department shall provide by rule.
The Director shall determine the appropriate extent of
the deletions allowed in paragraph (2). In the event the
taxpayer does not submit deletions, the Director shall make
only the deletions specified in paragraph (1).
The Director shall make available for public inspection
and publication an administrative decision within 180 days
after the issuance of the administrative decision. The term
"administrative decision" has the same meaning as defined in
Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.
Nothing contained in this Act shall prevent the Director
from divulging information to any person pursuant to a
request or authorization made by the taxpayer or by an
authorized representative of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98; 91-954, eff. 1-1-02.)
Section 30-20. The Counties Code is amended by changing
Section 5-1022 as follows:
(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
Sec. 5-1022. Competitive bids.
(a) Any purchase by a county with fewer than 2,000,000
inhabitants of services, materials, equipment or supplies in
excess of $10,000, other than professional services, shall be
contracted for in one of the following ways:
(1) by a contract let to the lowest responsible
bidder after advertising for bids in a newspaper
published within the county or, if no newspaper is
published within the county, then a newspaper having
general circulation within the county; or
(2) by a contract let without advertising for bids
in the case of an emergency if authorized by the county
board.
(b) In determining the lowest responsible bidder, the
county board shall take into consideration the qualities of
the articles supplied; their conformity with the
specifications; their suitability to the requirements of the
county, availability of support services; uniqueness of the
service, materials, equipment, or supplies as it applies to
networked, integrated computer systems; compatibility to
existing equipment; and the delivery terms. The county board
also may take into consideration whether a bidder is a
private enterprise or a State-controlled enterprise and,
notwithstanding any other provision of this Section or a
lower bid by a State-controlled enterprise, may let a
contract to the lowest responsible bidder that is a private
enterprise.
(c) This Section does not apply to contracts by a county
with the federal government or to purchases of used
equipment, purchases at auction or similar transactions which
by their very nature are not suitable to competitive bids,
pursuant to an ordinance adopted by the county board.
(d) Notwithstanding the provisions of this Section, a
county may let without advertising for bids in the case of
purchases and contracts, when individual orders do not exceed
$25,000, for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and inter-connect equipment,
software, and services.
(e) A county may require, as a condition of any contract
for goods and services, that persons awarded a contract with
the county and all affiliates of the person collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions
of the Illinois Use Tax Act regardless of whether the person
or affiliate is a "retailer maintaining a place of business
within this State" as defined in Section 2 of the Use Tax
Act. For purposes of this subsection (e), the term
"affiliate" means any entity that (1) directly, indirectly,
or constructively controls another entity, (2) is directly,
indirectly, or constructively controlled by another entity,
or (3) is subject to the control of a common entity. For
purposes of this subsection (e), an entity controls another
entity if it owns, directly or individually, more than 10% of
the voting securities of that entity. As used in this
subsection (e), the term "voting security" means a security
that (1) confers upon the holder the right to vote for the
election of members of the board of directors or similar
governing body of the business or (2) is convertible into, or
entitles the holder to receive upon its exercise, a security
that confers such a right to vote. A general partnership
interest is a voting security.
(f) Bids submitted to, and contracts executed by, the
county may require a certification by the bidder or
contractor that the bidder or contractor is not barred from
bidding for or entering into a contract under this Section
and that the bidder or contractor acknowledges that the
county may declare the contract void if the certification
completed pursuant to this subsection (f) is false.
(Source: P.A. 90-517, eff. 8-22-97.)
Section 30-25. The Illinois Municipal Code is amended by
changing Sections 8-9-2 and 8-10-3 as follows:
(65 ILCS 5/8-9-2) (from Ch. 24, par. 8-9-2)
Sec. 8-9-2. (a) In municipalities of less than 500,000
population, the corporate authorities may provide by
ordinance that all supplies needed for use of the
municipality shall be furnished by contract, let to the
lowest bidder.
In municipalities of more than 500,000 population the
provisions of Division 10 of this Article 8 shall apply to
and govern the purchase of supplies.
The provisions of this Section are subject to any
contrary provisions contained in "An Act concerning the use
of Illinois mined coal in certain plants and institutions",
filed July 13, 1937, as heretofore and hereafter amended.
(b) The corporate authorities of a municipality may by
ordinance provide that contracts to provide goods and
services to the municipality contain a provision requiring
the contractor and its affiliates to collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions
of the Illinois Use Tax Act, and municipal use tax on all
sales of tangible personal property into the municipality in
accordance with a municipal ordinance authorized by Section
8-11-6 or 8-11-1.5, during the term of the contract or for
some other specified period, regardless of whether the
contractor or affiliate is a "retailer maintaining a place of
business within this State" as defined in Section 2 of the
Use Tax Act. The provision may state that if the requirement
is not met, the contract may be terminated by the
municipality, and the contractor may be subject to such other
penalties or the exercise of such remedies as may be stated
in the contract or the ordinance adopted under this Section.
An ordinance adopted under this Section may contain
exceptions for emergencies or other circumstances when the
exception is in the best interest of the public. For purposes
of this Section, the term "affiliate" means any entity that
(1) directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the
control of a common entity. For purposes of this subsection
(b), an entity controls another entity if it owns, directly
or individually, more than 10% of the voting securities of
that entity. As used in this subsection (b), the term "voting
security" means a security that (1) confers upon the holder
the right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
(Source: Laws 1967, p. 3729.)
(65 ILCS 5/8-10-3) (from Ch. 24, par. 8-10-3)
Sec. 8-10-3. (a) Except as otherwise herein provided,
all purchase orders or contracts of whatever nature, for
labor, services or work, the purchase, lease, or sale of
personal property, materials, equipment or supplies,
involving amounts in excess of $10,000, made by or on behalf
of any such municipality, shall be let by free and open
competitive bidding after advertisement, to the lowest
responsible bidder, or in the appropriate instance, to the
highest responsible bidder, depending upon whether such
municipality is to expend or to receive money. All such
purchase orders or contracts, as defined above, which shall
involve amounts of $10,000, or less, shall be let in the
manner described above whenever practicable, except that such
purchase orders or contracts may be let in the open market in
a manner calculated to insure the best interests of the
public, after solicitation of bids by mail, telephone, or
otherwise. The provisions of this Section are subject to any
contrary provision contained in "An Act concerning the use of
Illinois mined coal in certain plants and institutions",
filed July 13, 1937, as heretofore and hereafter amended.
(b) The corporate authorities of a municipality may by
ordinance provide that contracts to provide goods and
services to the municipality contain a provision requiring
the contractor and its affiliates to collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions
of the Illinois Use Tax Act, and municipal use tax on all
sales of tangible personal property into the municipality in
accordance with a municipal ordinance authorized by Section
8-11-6 or 8-11-1.5, during the term of the contract or for
some other specified period, regardless of whether the
contractor or affiliate is a "retailer maintaining a place of
business within this State" as defined in Section 2 of the
Use Tax Act. The provision may state that if the requirement
is not met, the contract may be terminated by the
municipality, and the contractor may be subject to such other
penalties or the exercise of such remedies as may be stated
in the contract or the ordinance adopted under this Section.
An ordinance adopted under this Section may contain
exceptions for emergencies or other circumstances when the
exception is in the best interest of the public. For purposes
of this Section, the term "affiliate" means any entity that
(1) directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the
control of a common entity. For purposes of this subsection
(b), an entity controls another entity if it owns, directly
or individually, more than 10% of the voting securities of
that entity. As used in this subsection (b), the term "voting
security" means a security that (1) confers upon the holder
the right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
(Source: P.A. 81-1376.)
Section 30-30. The School Code is amended by changing
Section 10-20.21 as follows:
(105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
Sec. 10-20.21. Contracts.
(a) To award all contracts for purchase of supplies,
materials or work or contracts with private carriers for
transportation of pupils involving an expenditure in excess
of $10,000 to the lowest responsible bidder, considering
conformity with specifications, terms of delivery, quality
and serviceability, after due advertisement, except the
following: (i) contracts for the services of individuals
possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part;
(ii) contracts for the printing of finance committee reports
and departmental reports; (iii) contracts for the printing or
engraving of bonds, tax warrants and other evidences of
indebtedness; (iv) contracts for the purchase of perishable
foods and perishable beverages; (v) contracts for materials
and work which have been awarded to the lowest responsible
bidder after due advertisement, but due to unforeseen
revisions, not the fault of the contractor for materials and
work, must be revised causing expenditures not in excess of
10% of the contract price; (vi) contracts for the maintenance
or servicing of, or provision of repair parts for, equipment
which are made with the manufacturer or authorized service
agent of that equipment where the provision of parts,
maintenance, or servicing can best be performed by the
manufacturer or authorized service agent; (vii) purchases and
contracts for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and interconnect equipment,
software, and services; (viii) contracts for duplicating
machines and supplies; (ix) contracts for the purchase of
natural gas when the cost is less than that offered by a
public utility; (x) purchases of equipment previously owned
by some entity other than the district itself; (xi) contracts
for repair, maintenance, remodeling, renovation, or
construction, or a single project involving an expenditure
not to exceed $20,000 and not involving a change or increase
in the size, type, or extent of an existing facility; (xii)
contracts for goods or services procured from another
governmental agency; (xiii) contracts for goods or services
which are economically procurable from only one source, such
as for the purchase of magazines, books, periodicals,
pamphlets and reports, and for utility services such as
water, light, heat, telephone or telegraph; and (xiv) where
funds are expended in an emergency and such emergency
expenditure is approved by 3/4 of the members of the board.
All competitive bids for contracts involving an expenditure
in excess of $10,000 must be sealed by the bidder and must be
opened by a member or employee of the school board at a
public bid opening at which the contents of the bids must be
announced. Each bidder must receive at least 3 days' notice
of the time and place of the bid opening. For purposes of
this Section due advertisement includes, but is not limited
to, at least one public notice at least 10 days before the
bid date in a newspaper published in the district, or if no
newspaper is published in the district, in a newspaper of
general circulation in the area of the district.
(b) To require, as a condition of any contract for goods
and services, that persons bidding for and awarded a contract
and all affiliates of the person collect and remit Illinois
Use Tax on all sales of tangible personal property into the
State of Illinois in accordance with the provisions of the
Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business
within this State" as defined in Section 2 of the Use Tax
Act. For purposes of this Section, the term "affiliate" means
any entity that (1) directly, indirectly, or constructively
controls another entity, (2) is directly, indirectly, or
constructively controlled by another entity, or (3) is
subject to the control of a common entity. For purposes of
this subsection (b), an entity controls another entity if it
owns, directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (b),
the term "voting security" means a security that (1) confers
upon the holder the right to vote for the election of members
of the board of directors or similar governing body of the
business or (2) is convertible into, or entitles the holder
to receive upon its exercise, a security that confers such a
right to vote. A general partnership interest is a voting
security.
To require that bids and contracts include a
certification by the bidder or contractor that the bidder or
contractor is not barred from bidding for or entering into a
contract under this Section and that the bidder or contractor
acknowledges that the school board may declare the contract
void if the certification completed pursuant to this
subsection (b) is false.
(Source: P.A. 86-411; 87-414.)
ARTICLE 50
Section 50-3. The Department of Central Management
Services Law of the Civil Administrative Code of Illinois is
amended by adding Section 405-292 as follows:
(20 ILCS 405/405-292 new)
Sec. 405-292. Business processing reengineering;
planning for a more efficient government.
(a) The Department shall be responsible for recommending
to the Governor efficiency initiatives to reorganize,
restructure, and reengineer the business processes of the
State. In performing this responsibility the Department shall
have the power and duty to do the following:
(1) Propose the transfer, consolidation,
reorganization, restructuring, reengineering, or
elimination of programs, processes, or functions in order
to attain efficiency in operations and cost savings
through the efficiency initiatives.
(2) Control the procurement of contracted services
in connection with the efficiency initiatives to assist
in the analysis, design, planning, and implementation of
proposals approved by the Governor to attain efficiency
in operations and cost savings; and
(3) Establish the amount of cost savings to be
realized by State agencies from implementing the
efficiency initiatives, which shall be paid to the
Department for deposit into the Efficiency Initiatives
Revolving Fund.
(b) For the purposes of this Section, "State agencies"
means all departments, boards, commissions, and agencies of
the State of Illinois subject to the Governor.
Section 50-5. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-705 and by adding Section
605-807 as follows:
(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
Sec. 605-705. Grants to local tourism and convention
bureaus.
(a) To establish a grant program for local tourism and
convention bureaus. The Department will develop and
implement a program for the use of funds, as authorized under
this Act, by local tourism and convention bureaus. For the
purposes of this Act, bureaus eligible to receive funds are
those local tourism and convention bureaus that are (i)
either units of local government or incorporated as
not-for-profit organizations; (ii) in legal existence for a
minimum of 2 years before July 1, 2001; (iii) operating with
a paid, full-time staff whose sole purpose is to promote
tourism in the designated service area; and (iv) affiliated
with one or more municipalities or counties that support the
bureau with local hotel-motel taxes. After July 1, 2001,
bureaus requesting certification in order to receive funds
for the first time must be local tourism and convention
bureaus that are (i) either units of local government or
incorporated as not-for-profit organizations; (ii) in legal
existence for a minimum of 2 years before the request for
certification; (iii) operating with a paid, full-time staff
whose sole purpose is to promote tourism in the designated
service area; and (iv) affiliated with multiple
municipalities or counties that support the bureau with local
hotel-motel taxes. Each bureau receiving funds under this Act
will be certified by the Department as the designated
recipient to serve an area of the State. Notwithstanding the
criteria set forth in this subsection (a), or any rule
adopted under this subsection (a), the Director of the
Department may provide for the award of grant funds to one or
more entities if in the Department's judgment that action is
necessary in order to prevent a loss of funding critical to
promoting tourism in a designated geographic area of the
State.
(b) To distribute grants to local tourism and convention
bureaus from appropriations made from the Local Tourism Fund
for that purpose. Of the amounts appropriated annually to
the Department for expenditure under this Section, one-third
of those monies shall be used for grants to convention and
tourism bureaus in cities with a population greater than
500,000. The remaining two-thirds of the annual
appropriation shall be used for grants to convention and
tourism bureaus in the remainder of the State, in accordance
with a formula based upon the population served. The
Department may reserve up to 10% of the total local tourism
funds available for costs of administering the program
appropriated to conduct audits of grants, to provide
incentive funds to those bureaus that will conduct
promotional activities designed to further the Department's
statewide advertising campaign, to fund special statewide
promotional activities, and to fund promotional activities
that support an increased use of the State's parks or
historic sites.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
92-16, eff. 6-28-01; 92-38, eff. 6-28-01; 92-524, eff.
2-8-02.)
(20 ILCS 605/605-807 new)
Sec. 605-807. Federal Workforce Training Fund.
(a) The Federal Workforce Training Fund is created as a
special fund in the State treasury. The Department may accept
gifts, grants, awards, matching contributions, interest
income, appropriations, and cost sharings from individuals,
businesses, governments, and other third party sources, on
terms that the Director deems advisable. Moneys received
under this Section may be expended for purposes consistent
with the conditions under which those moneys are received,
subject to appropriations made by the General Assembly for
those purposes.
(b) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly, all moneys received by the
State pursuant to the federal Workforce Investment Act or
Section 403(a)(5) of the federal Social Security Act shall be
deposited into the Federal Workforce Training Fund, to be
used for purposes consistent with the conditions under which
those moneys are received by the State, except that any
moneys received pursuant to the federal Workforce Investment
Act and necessary to pay liabilities incurred in connection
with that Act and outstanding as of June 30, 2003, or any
moneys received pursuant to Section 403(a)(5) of the federal
Social Security Act and necessary to pay liabilities incurred
in connection with that Act and outstanding as of June 30,
2003, shall be deposited into the Title III Social Security
and Employment Fund.
On September 1, 2003, or as soon thereafter as may be
reasonably practical, the State Comptroller shall transfer
all unobligated moneys received by the State pursuant to the
federal Workforce Investment Act or Section 403(a)(5) of the
federal Social Security Act from the Title III Social
Security and Employment Fund to the Federal Workforce
Training Fund. The moneys transferred pursuant to this
Amendatory Act of the 93rd General Assembly may be used or
expended for purposes consistent with the conditions under
which those moneys were received by the State.
(c) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly, all moneys received by the
State pursuant to the federal Illinois Trade Adjustment
Assistance Program shall be deposited into the Federal
Workforce Training Fund, to be used for purposes consistent
with the conditions under which those moneys are received by
the State, except that any moneys received pursuant to the
federal Illinois Trade Adjustment Assistance Program and
necessary to pay liabilities incurred in connection with that
program and outstanding as of June 30, 2003, shall be
deposited into the Title III Social Security and Employment
Fund.
On July 1, 2003 or as soon thereafter as may be
reasonably practical, the State Comptroller shall make one or
more transfers of all moneys received by the State pursuant
to the federal Illinois Trade Adjustment Assistance Program
in excess of those necessary to pay liabilities in connection
with that program and outstanding as of June 30, 2003 from
the Title III Social Security and Employment Fund to the
Federal Workforce Training Fund. The moneys transferred
pursuant to this amendatory Act of the 93rd General Assembly
may be used or expended for purposes consistent with the
conditions under which those moneys were received by the
State.
Section 50-7. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing
Section 2505-400 as follows:
(20 ILCS 2505/2505-400) (was 20 ILCS 2505/39b49)
Sec. 2505-400. Contracts for collection assistance.
(a) The Department has the power to contract for
collection assistance on a contingent fee basis, with
collection fees to be retained by the collection agency and
the net collections to be paid to the Department. In the case
of any liability referred to a collection agency on or after
July 1, 2003, any fee charged to the State by the collection
agency shall be considered additional State tax of the
taxpayer imposed under the Act under which the tax being
collected was imposed, shall be deemed assessed at the time
payment of the tax is made to the collection agency, and
shall be separately stated in any statement or notice of the
liability issued by the collection agency to the taxpayer.
(b) The Department has the power to enter into written
agreements with State's Attorneys for pursuit of civil
liability under Section 17-1a of the Criminal Code of 1961
against persons who have issued to the Department checks or
other orders in violation of the provisions of paragraph (d)
of subsection (B) of Section 17-1 of the Criminal Code of
1961. Of the amount collected, the Department shall retain
the amount owing upon the dishonored check or order along
with the dishonored check fee imposed under the Uniform
Penalty and Interest Act. The balance of damages, fees, and
costs collected under Section 17-1a of the Criminal Code of
1961 shall be retained by the State's Attorney. The agreement
shall not affect the allocation of fines and costs imposed in
any criminal prosecution.
(c) The Department may issue the Secretary of the
Treasury of the United States (or his or her delegate)
notice, as required by Section 6402(e) of the Internal
Revenue Code, of any past due, legally enforceable State
income tax obligation of a taxpayer. The Department must
notify the taxpayer that any fee charged to the State by the
Secretary of the Treasury of the United States (or his or her
delegate) under Internal Revenue Code Section 6402(e) is
considered additional State income tax of the taxpayer with
respect to whom the Department issued the notice, and is
deemed assessed upon issuance by the Department of notice to
the Secretary of the Treasury of the United States (or his or
her delegate) under Section 6402(e) of the Internal Revenue
Code; a notice of additional State income tax is not
considered a notice of deficiency, and the taxpayer has no
right of protest.
(Source: P.A. 91-239, eff. 1-1-00; 92-492, eff. 1-1-02.)
Section 50-8. The Bureau of the Budget Act is amended by
changing the Act title and Sections 0.01, 1, 2, 2.5, 2.7, 3,
4, 5.1, 6, 6.01, 7, and 9 and by adding Section 9.5 as
follows:
(20 ILCS 3005/Act title)
An Act to create the Governor's Office of Management and
a Bureau of the Budget and to define its powers and duties
and to make an appropriation.
(20 ILCS 3005/0.01) (from Ch. 127, par. 410)
Sec. 0.01. Short title. This Act may be cited as the
Governor's Office of Management and Bureau of the Budget Act.
(Source: P.A. 86-1324.)
(20 ILCS 3005/1) (from Ch. 127, par. 411)
Sec. 1. Definitions. "Bureau" means the Bureau of the
Budget.
"Capital expenditure" means money spent for replacing,
remodeling, expanding, or acquiring facilities, buildings or
land owned directly by the State through any State
department, authority, public corporation of the State, State
college or university, or any other public agency created by
the State, but not units of local government or school
districts.
"Director" means the Director of the Governor's Office of
Management and Bureau of the Budget.
"Office" means the Governor's Office of Management and
Budget.
"State Agency," whether used in the singular or plural,
means all Departments, Officers, Commissions, Boards,
Institutions and bodies, politic and corporate of the State,
including the Offices of Clerk of the Supreme Court and
Clerks of the Appellate Courts; except it shall not mean the
several Courts of the State, nor the Legislature, its
Committees or Commissions, nor the Constitutionally elected
State Officers.
(Source: P.A. 81-1094.)
(20 ILCS 3005/2) (from Ch. 127, par. 412)
Sec. 2. There is created in the executive office of the
Governor an Office a Bureau to be known as the Governor's
Office of Management and Bureau of the Budget. The Office
Bureau shall be headed by a Director, who shall be appointed
by the Governor. The functions of the Office Bureau shall be
as prescribed in Sections 2.1 through 2.7 of this Act.
(Source: P.A. 89-460, eff. 5-24-96.)
(20 ILCS 3005/2.5) (from Ch. 127, par. 412.5)
Sec. 2.5. Effective January 1, 1980, to require the
preparation and submission of an annual long-range capital
expenditure plan for all State agencies. Such Capital Plan
shall detail each project for each of the following 3 fiscal
years, including the project cost in current dollar amounts,
the future maintenance costs for the completed project, the
anticipated life expectancy of the project and the impact the
project will have on the annual operating budget for the
agency. Each State agency's annual capital plan shall
include energy conservation projects intended to reduce
energy costs to the greatest extent possible in those
agency's buildings and facilities included in the capital
plan. Each State agency's annual capital plan shall be
submitted to the Office Bureau no later than January 15th of
each year. A summary of all capital plans and future needs
assessments shall be included in the Governor's Budget
Request and the detail of the capital plans shall be
delivered to the Chairmen and Minority Spokesmen of the House
and Senate Appropriations Committees and the Illinois
Economic and Fiscal Commission on the date of the Governor's
Budget Address to the General Assembly.
(Source: P.A. 87-852.)
(20 ILCS 3005/2.7)
Sec. 2.7. Securities information. To assist those
entities underwriting securities that are payable from State
appropriations, whether issued by the State or by others, by
providing financial and other information regarding the State
to securities investors, nationally recognized securities
information repositories, or the federal Municipal Securities
Rulemaking Board, and to any State information depository as
required by the federal Securities and Exchange Act of 1934
and the rules promulgated thereunder. The Governor's Office
of Management and Bureau of the Budget is the only State
office authorized to provide such information.
(Source: P.A. 89-460, eff. 5-24-96.)
(20 ILCS 3005/3) (from Ch. 127, par. 413)
Sec. 3. The Director, under such rules and regulations as
the Governor may prescribe, may organize the Office Bureau,
allocate functions and duties within it, and appoint
employees, in such a manner as best enables it to achieve its
purposes and fulfill its responsibilities. He is authorized
to make expenditures for necessary expenses of the Office
Bureau within the appropriations made therefor.
(Source: P. A. 76-23.)
(20 ILCS 3005/4) (from Ch. 127, par. 414)
Sec. 4. Under such regulations as the Governor may
prescribe, (1) every State agency shall furnish to the Office
Bureau such information as the Office Bureau may from time to
time require, and (2) the Director or any duly authorized
employee of the Office Bureau shall for the purpose of
securing such information, have access to, and the right to
examine, all books, documents, papers or records of any State
agency.
(Source: P. A. 76-23.)
(20 ILCS 3005/5.1) (from Ch. 127, par. 415)
Sec. 5.1. Under such regulations as the Governor may
prescribe, every State agency, other than State colleges and
universities, agencies of legislative and judicial branches
of State government, and elected State executive officers not
including the Governor, shall file with the Illinois
Commission on Intergovernmental Cooperation all applications
for federal grants, contracts and agreements. The Commission
on Intergovernmental Cooperation shall immediately forward
all such materials to the Office Bureau for the Office's
Bureau's approval. Any application for federal funds which
has not received Office Bureau approval shall be considered
void and any funds received as a result of such application
shall be returned to the federal government before they are
spent. Each State agency subject to this Section shall, at
least 45 days before submitting its application to the
federal agency, report in detail to the Commission on
Intergovernmental Cooperation what the grant is intended to
accomplish and the specific plans for spending the federal
dollars received pursuant to the grant. The Commission on
Intergovernmental Cooperation shall immediately forward such
materials to the Office Bureau. The Office Bureau may approve
the submission of an application to the federal agency in
less than 45 days after its receipt by the Office Bureau when
the Office Bureau determines that the circumstances require
an expedited application. Such reports of applications and
plans of expenditure shall include but shall not be limited
to:
(1) an estimate of both the direct and indirect costs in
non-federal revenues of participation in the federal program;
(2) the probable length of duration of the program, a
schedule of fund receipts and an estimate of the cost to the
State of maintaining the program if and when the federal
financial assistance or grant is terminated;
(3) a list of State or local agencies utilizing the
financial assistance as direct recipients or subgrantees;
(4) a description of each program proposed to be funded
by the financial assistance or grant; and
(5) a description of any financial, program or planning
commitment on the part of the State required by the federal
government as a requirement for receipt of the financial
assistance or grant.
All State agencies subject to this Section shall
immediately file with the Illinois Commission on
Intergovernmental Cooperation, any awards of federal funds
and any and all changes in the programs, in awards, in
program duration, in schedule of fund receipts, and in
estimated costs to the State of maintaining the program if
and when federal assistance is terminated, or in direct and
indirect costs, of any grant under which they are or expect
to be receiving federal funds. The Commission on
Intergovernmental Cooperation shall immediately forward such
materials to the Office Bureau.
The Office Bureau in cooperation with the Commission on
Intergovernmental Cooperation shall develop standard forms
and a system of identifying numbers for the applications and
reports required by this Section. Upon receipt from the State
agencies of each application and report, the Commission shall
promptly designate the appropriate identifying number
therefor and communicate such number to the respective State
agency, the Comptroller and the Office Bureau.
Each State agency subject to this Section shall include
in each report to the Comptroller of the receipt of federal
funds the identifying number applicable to the grant under
which such funds are received.
(Source: P.A. 87-961.)
(20 ILCS 3005/6) (from Ch. 127, par. 416)
Sec. 6. In performing its responsibility under Section
2.1, to assist the Governor in submitting a recommended
budget, the Office Bureau shall:
(a) Distribute to all state agencies the proper blanks
necessary to the preparation of budget estimates, which
blanks shall be in such form as shall be prescribed by the
Director, to procure, among other things, information as to
the revenues and expenditures for the preceding fiscal year,
the appropriations made by the General Assembly for the
preceding fiscal year, the expenditures therefrom,
obligations incurred thereon, and the amounts unobligated and
unexpended, an estimate of the revenues and expenditures of
the current fiscal year, and an estimate of the revenues and
amounts needed for the respective departments and offices for
the next succeeding fiscal year.
(b) Require from each state agency its estimate of
receipts and expenditures for the succeeding fiscal year,
accompanied by a statement in writing giving facts and
explanation of reasons for each item of expenditure
requested.
(c) Make, at the discretion of the Director, further
inquiries and investigations as to any item desired.
(d) Approve, disapprove or alter the estimates.
(Source: P. A. 76-2411.)
(20 ILCS 3005/6.01) (from Ch. 127, par. 416.01)
Sec. 6.01. The several courts of the State, the General
Assembly, its committees and commissions, and the elective
officers in the Executive department shall file with the
Office Bureau information which will enable the Governor to
present to the General Assembly estimates of the amount of
money required to be raised by taxation for all purposes.
They shall submit to the Office Bureau, on forms prescribed
by the Office Bureau, information as to the revenues and
expenditures for the preceding fiscal year, the
appropriations made by the General Assembly for the preceding
fiscal year, the expenditures therefrom, obligations incurred
thereon, and the amounts unobligated and unexpended, an
estimate of the revenues and expenditures of the current
fiscal year, and an estimate of the revenues and amounts
needed for the respective departments and offices for the
next succeeding fiscal year.
(Source: P. A. 76-2411.)
(20 ILCS 3005/7) (from Ch. 127, par. 417)
Sec. 7. All statements and estimates of expenditures
submitted to the Office Bureau in connection with the
preparation of a State budget, and any other estimates of
expenditures, supporting requests for appropriations, shall
be formulated according to the various functions and
activities for which the respective department, office or
institution of the State government (including the elective
officers in the executive department and including the
University of Illinois and the judicial department) is
responsible. All such statements and estimates of
expenditures relating to a particular function or activity
shall be further formulated or subject to analysis in
accordance with the following classification of objects:
(1) Personal services
(2) State contribution for employee group insurance
(3) Contractual services
(4) Travel
(5) Commodities
(6) Equipment
(7) Permanent improvements
(8) Land
(9) Electronic Data Processing
(10) Telecommunication services
(11) Operation of Automotive Equipment
(12) Contingencies
(13) Reserve
(14) Interest
(15) Awards and Grants
(16) Debt Retirement
(17) Non-cost Charges
(Source: P.A. 83-1303.)
(20 ILCS 3005/9) (from Ch. 127, par. 419)
Sec. 9. All statements and estimates of expenditures
submitted to the Director of the Office Bureau in connection
with the preparation of a State budget, and any other
estimates of expenditures supporting requests for
appropriations, shall be accompanied by comparative
performance data formulated according to the various
functions and activities, and, whenever the nature of the
work admits, according to the work units, for which the
respective state agency is responsible. All such statements
and estimates of expenditures shall be accompanied, in
addition, by a tabulation of all position and employment
titles in such department, office or institution, the number
of each, and the salaries for each, formulated according to
divisions, bureaus, sections, offices, departments, boards,
and similar subdivisions, which shall correspond as nearly as
practicable to the functions and activities for which the
department, office or institution is responsible.
(Source: P. A. 76-2411.)
(20 ILCS 3005/9.5 new)
Sec. 9.5. Name change. On the effective date of this
amendatory Act of the 93rd General Assembly, the name of the
Bureau of the Budget is changed to the Governor's Office of
Management and Budget. References in any law, appropriation,
rule, form, or other document (i) to the Bureau of the Budget
or to BOB are deemed, in appropriate contexts, to be
references to the Governor's Office of Management and Budget
for all purposes and (ii) to the Director of the Bureau of
the Budget are deemed, in appropriate contexts, to be
references to the Director of the Governor's Office of
Management and Budget for all purposes.
Section 50-9. The Arts Council Act is amended by
changing Sections 1 and 6 as follows:
(20 ILCS 3915/1) (from Ch. 127, par. 214.11)
Sec. 1. Council created. There is created the Illinois
Arts Council, an agency of the State of Illinois.
The Illinois Arts Council shall be composed of not less
than 13 nor more than 35 members to be appointed by the
Governor, one of whom shall be a senior citizen age 60 or
over. In making initial appointments, the Governor shall
designate approximately one-half of the members to serve for
2 years, and the balance of the members to serve for 4 years,
each term of office to commence July 1, 1965. The senior
citizen member first appointed under this amendatory Act of
1984 shall serve for a term of 4 years commencing July 1,
1985. Thereafter all appointments shall be made for a 4 year
term. The Governor shall designate the Chairman of the
Council from among the members thereof.
(Source: P.A. 83-1538.)
(20 ILCS 3915/6) (from Ch. 127, par. 214.16)
Sec. 6. Employees; operational services.
(a) The Council may employ an executive director, a
secretary and such clerical, technical and other employees
and assistants as it considers necessary for the proper
transaction of its business.
(b) The Department of Central Management Services shall
provide to the Illinois Arts Council the same type and level
of services as it provides to other State agencies, including
but not limited to office space, communications, facilities
management, and any other operational services that the
Department provides to other State offices and agencies, as
necessary to fulfill the Council's statutory mandate.
(Source: Laws 1965, p. 1965.)
Section 50-10. The State Finance Act is amended by
changing Section 8.3 and by adding Sections 5.596, 6p-5,
8.16c, and 8j as follows:
(30 ILCS 105/5.596 new)
Sec. 5.596. The Efficiency Initiatives Revolving Fund.
(30 ILCS 105/6p-5 new)
Sec. 6p-5. Efficiency Initiatives Revolving Fund.
Amounts designated by the Director of Central Management
Services and approved by the Governor as savings from the
efficiency initiatives authorized by Section 405-292 of the
Department of Central Management Services Law of the Civil
Administrative Code of Illinois shall be paid into the
Efficiency Initiatives Revolving Fund. State agencies shall
pay these amounts into the Efficiency Initiatives Revolving
Fund from the line item appropriations where the cost savings
are anticipated to occur. The money in this fund shall be
used by the Department for expenses incurred in connection
with the efficiency initiatives authorized by Section 405-292
of the Department of Central Management Services Law of the
Civil Administrative Code of Illinois. On or before August
31, 2004, and each August 31 thereafter, the Department of
Central Management Services shall transfer excess balances in
the Efficiency Initiatives Revolving Fund to the General
Revenue Fund. As used in this Section, "excess balances"
means amounts in excess of the amount necessary to fund
current and anticipated efficiency initiatives.
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and
payable, and for no other purpose. The surplus, if any, in
the Road Fund after the payment of principal and interest on
that bonded indebtedness then annually due shall be used as
follows:
first -- to pay the cost of administration of
Chapters 2 through 10 of the Illinois Vehicle Code,
except the cost of administration of Articles I and II of
Chapter 3 of that Code; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards
made by the Industrial Commission under the terms of the
Workers' Compensation Act or Workers' Occupational
Diseases Act for injury or death of an employee of the
Division of Highways in the Department of Transportation;
or for the acquisition of land and the erection of
buildings for highway purposes, including the acquisition
of highway right-of-way or for investigations to
determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications
and estimates for and in the construction and maintenance
of flight strips and of highways necessary to provide
access to military and naval reservations, to defense
industries and defense-industry sites, and to the sources
of raw materials and for replacing existing highways and
highway connections shut off from general public use at
military and naval reservations and defense-industry
sites, or for the purchase of right-of-way, except that
the State shall be reimbursed in full for any expense
incurred in building the flight strips; or for the
operating and maintaining of highway garages; or for
patrolling and policing the public highways and
conserving the peace; or for any of those purposes or any
other purpose that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement;
1. Department of Public Health;
2. Department of Transportation, only with respect
to subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly;
3. Department of Central Management Services,
except for expenditures incurred for group insurance
premiums of appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement:
1. Department of State Police, except for
expenditures with respect to the Division of Operations;
2. Department of Transportation, only with respect
to Intercity Rail Subsidies and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement:
Department of Central Management Services, except for awards
made by the Industrial Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement:
1. Department of State Police, except not more than
40% of the funds appropriated for the Division of
Operations;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road
Fund monies that are eligible for federal reimbursement. It
shall not be lawful to circumvent the above appropriation
limitations by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction
of permanent highways, be set aside and used for the purpose
of paying and discharging during each fiscal year the
principal and interest on that bonded indebtedness as it
becomes due and payable as provided in the Transportation
Bond Act, and for no other purpose. The surplus, if any, in
the Road Fund after the payment of principal and interest on
that bonded indebtedness then annually due shall be used as
follows:
first -- to pay the cost of administration of
Chapters 2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, payment of debts and liabilities incurred
in construction and reconstruction of public highways and
bridges, acquisition of rights-of-way for and the cost of
construction, reconstruction, maintenance, repair, and
operation of public highways and bridges under the
direction and supervision of the State, political
subdivision, or municipality collecting those monies, and
the costs for patrolling and policing the public highways
(by State, political subdivision, or municipality
collecting that money) for enforcement of traffic laws.
The separation of grades of such highways with railroads
and costs associated with protection of at-grade highway
and railroad crossing shall also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as
provided in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with
fiscal year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Department of State Police for the
purposes of this Section in excess of its total fiscal year
1990 Road Fund appropriations for those purposes unless
otherwise provided in Section 5g of this Act. For fiscal
years year 2003 and 2004 only, no Road Fund monies shall be
appropriated to the Department of State Police for the
purposes of this Section in excess of $97,310,000. It shall
not be lawful to circumvent this limitation on appropriations
by governmental reorganization or other methods unless
otherwise provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of
this Section in excess of the total fiscal year 1991 Road
Fund appropriations to the Secretary of State for those
purposes, plus $9,800,000. It shall not be lawful to
circumvent this limitation on appropriations by governmental
reorganization or other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State
for the purposes of this Section in excess of the total
fiscal year 1994 Road Fund appropriations to the Secretary of
State for those purposes. It shall not be lawful to
circumvent this limitation on appropriations by governmental
reorganization or other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000 $80,500,000;
Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;
Fiscal Year 2003 $130,500,000;
Fiscal Year 2004 $130,500,000;
Fiscal Year 2005 2004 and
each year thereafter $30,500,000.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations
imposed by this Section for fiscal year 1984 and thereafter,
insofar as appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e
of this Act; nor to the General Revenue Fund, as authorized
by this amendatory Act of the 93rd General Assembly.
The additional amounts authorized for expenditure in this
Section by this amendatory Act of the 92nd General Assembly
shall be repaid to the Road Fund from the General Revenue
Fund in the next succeeding fiscal year that the General
Revenue Fund has a positive budgetary balance, as determined
by generally accepted accounting principles applicable to
government.
The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by this amendatory Act of the 93rd General Assembly
shall be repaid to the Road Fund from the General Revenue
Fund in the next succeeding fiscal year that the General
Revenue Fund has a positive budgetary balance, as determined
by generally accepted accounting principles applicable to
government.
(Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01;
92-600, eff. 6-28-02.)
(30 ILCS 105/8.16c new)
Sec. 8.16c. Appropriations related to efficiency
initiatives. Appropriations for processing contracted
assistance, the purchase of commodities and equipment, the
retention of staff, and all other expenses incident to
efficiency initiatives authorized by Section 405-292 of the
Department of Central Management Services Law of the Civil
Administrative Code of Illinois are payable from the
Efficiency Initiatives Revolving Fund. Until there are
sufficient funds in the Efficiency Initiatives Revolving Fund
to carry out the purposes of this amendatory Act of the 93rd
General Assembly, the State agencies subject to Section
405-292 of the Department of Central Management Services Law
of the Civil Administrative Code of Illinois shall, on
written approval of the Director of Central Management
Services, pay the costs associated with the efficiency
initiative from current appropriations as if those expenses
were duly incurred by the respective agencies.
(30 ILCS 105/8j new)
Sec. 8j. Allocation and transfer of fee receipts to
General Revenue Fund. If and only if any one or more of
Senate Bills 774, 841, 842, and 1903 of the 93rd General
Assembly become law, notwithstanding any other law to the
contrary, additional amounts generated by the new and
increased fees created or authorized by these amendatory Acts
of the 93rd General Assembly shall be allocated between the
fund otherwise entitled to receive the fee and the General
Revenue Fund by the Bureau of the Budget. In determining the
amount of the allocation to the General Revenue Fund, the
Director of the Bureau of the Budget shall calculate whether
the available resources in the fund are sufficient to satisfy
the unexpended and unreserved appropriations from the fund
for the fiscal year.
In calculating the available resources in a fund, the
Director of the Bureau of the Budget may include receipts,
transfers into the fund, and other resources anticipated to
be available in the fund in that fiscal year.
Upon determining the amount of an allocation to the
General Revenue Fund under this Section, the Director of the
Bureau of the Budget may direct the State Treasurer and
Comptroller to transfer the amount of that allocation from
the fund in which the fee amounts have been deposited to the
General Revenue Fund; provided, however, that the Director
shall not direct the transfer of any amount that would have
the effect of reducing the available resources in the fund to
an amount less than the amount remaining unexpended and
unreserved from the total appropriation from that fund for
that fiscal year.
The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from
the Director of the Bureau of the Budget.
Section 50-20. The Pretrial Services Act is amended by
changing Section 33 as follows:
(725 ILCS 185/33) (from Ch. 38, par. 333)
Sec. 33. The Supreme Court shall pay from funds
appropriated to it for this purpose 100% of all approved
costs for pretrial services, including pretrial services
officers, necessary support personnel, travel costs
reasonably related to the delivery of pretrial services,
space costs, equipment, telecommunications, postage,
commodities, printing and contractual services. Costs shall
be reimbursed monthly, based on a plan and budget approved by
the Supreme Court. No department may be reimbursed for costs
which exceed or are not provided for in the approved plan and
budget. For State fiscal year 2004 only, the Mandatory
Arbitration Fund may be used to reimburse approved costs for
pretrial services.
(Source: P.A. 84-1449.)
Section 50-25. The Probation and Probation Officers Act
is amended by changing Section 15 as follows:
(730 ILCS 110/15) (from Ch. 38, par. 204-7)
Sec. 15. (1) The Supreme Court of Illinois may establish
a Division of Probation Services whose purpose shall be the
development, establishment, promulgation, and enforcement of
uniform standards for probation services in this State, and
to otherwise carry out the intent of this Act. The Division
may:
(a) establish qualifications for chief probation
officers and other probation and court services personnel
as to hiring, promotion, and training.
(b) make available, on a timely basis, lists of
those applicants whose qualifications meet the
regulations referred to herein, including on said lists
all candidates found qualified.
(c) establish a means of verifying the conditions
for reimbursement under this Act and develop criteria for
approved costs for reimbursement.
(d) develop standards and approve employee
compensation schedules for probation and court services
departments.
(e) employ sufficient personnel in the Division to
carry out the functions of the Division.
(f) establish a system of training and establish
standards for personnel orientation and training.
(g) develop standards for a system of record
keeping for cases and programs, gather statistics,
establish a system of uniform forms, and develop research
for planning of Probation Services.
(h) develop standards to assure adequate support
personnel, office space, equipment and supplies, travel
expenses, and other essential items necessary for
Probation and Court Services Departments to carry out
their duties.
(i) review and approve annual plans submitted by
Probation and Court Services Departments.
(j) monitor and evaluate all programs operated by
Probation and Court Services Departments, and may include
in the program evaluation criteria such factors as the
percentage of Probation sentences for felons convicted of
Probationable offenses.
(k) seek the cooperation of local and State
government and private agencies to improve the quality of
probation and court services.
(l) where appropriate, establish programs and
corresponding standards designed to generally improve the
quality of probation and court services and reduce the
rate of adult or juvenile offenders committed to the
Department of Corrections.
(m) establish such other standards and regulations
and do all acts necessary to carry out the intent and
purposes of this Act.
The Division shall establish a model list of structured
intermediate sanctions that may be imposed by a probation
agency for violations of terms and conditions of a sentence
of probation, conditional discharge, or supervision.
The State of Illinois shall provide for the costs of
personnel, travel, equipment, telecommunications, postage,
commodities, printing, space, contractual services and other
related costs necessary to carry out the intent of this Act.
(2) (a) The chief judge of each circuit shall provide
full-time probation services for all counties within the
circuit, in a manner consistent with the annual probation
plan, the standards, policies, and regulations established by
the Supreme Court. A probation district of two or more
counties within a circuit may be created for the purposes of
providing full-time probation services. Every county or group
of counties within a circuit shall maintain a probation
department which shall be under the authority of the Chief
Judge of the circuit or some other judge designated by the
Chief Judge. The Chief Judge, through the Probation and Court
Services Department shall submit annual plans to the Division
for probation and related services.
(b) The Chief Judge of each circuit shall appoint the
Chief Probation Officer and all other probation officers for
his or her circuit from lists of qualified applicants
supplied by the Supreme Court. Candidates for chief managing
officer and other probation officer positions must apply with
both the Chief Judge of the circuit and the Supreme Court.
(3) A Probation and Court Service Department shall apply
to the Supreme Court for funds for basic services, and may
apply for funds for new and expanded programs or
Individualized Services and Programs. Costs shall be
reimbursed monthly based on a plan and budget approved by the
Supreme Court. No Department may be reimbursed for costs
which exceed or are not provided for in the approved annual
plan and budget. After the effective date of this amendatory
Act of 1985, each county must provide basic services in
accordance with the annual plan and standards created by the
division. No department may receive funds for new or expanded
programs or individualized services and programs unless they
are in compliance with standards as enumerated in paragraph
(h) of subsection (1) of this Section, the annual plan, and
standards for basic services.
(4) The Division shall reimburse the county or counties
for probation services as follows:
(a) 100% of the salary of all chief managing
officers designated as such by the Chief Judge and the
division.
(b) 100% of the salary for all probation officer
and supervisor positions approved for reimbursement by
the division after April 1, 1984, to meet workload
standards and to implement intensive sanction and
probation supervision programs and other basic services
as defined in this Act.
(c) 100% of the salary for all secure detention
personnel and non-secure group home personnel approved
for reimbursement after December 1, 1990. For all such
positions approved for reimbursement before December 1,
1990, the counties shall be reimbursed $1,250 per month
beginning July 1, 1995, and an additional $250 per month
beginning each July 1st thereafter until the positions
receive 100% salary reimbursement. Allocation of such
positions will be based on comparative need considering
capacity, staff/resident ratio, physical plant and
program.
(d) $1,000 per month for salaries for the remaining
probation officer positions engaged in basic services and
new or expanded services. All such positions shall be
approved by the division in accordance with this Act and
division standards.
(e) 100% of the travel expenses in accordance with
Division standards for all Probation positions approved
under paragraph (b) of subsection 4 of this Section.
(f) If the amount of funds reimbursed to the county
under paragraphs (a) through (e) of subsection 4 of this
Section on an annual basis is less than the amount the
county had received during the 12 month period
immediately prior to the effective date of this
amendatory Act of 1985, then the Division shall reimburse
the amount of the difference to the county. The effect of
paragraph (b) of subsection 7 of this Section shall be
considered in implementing this supplemental
reimbursement provision.
(5) The Division shall provide funds beginning on April
1, 1987 for the counties to provide Individualized Services
and Programs as provided in Section 16 of this Act.
(6) A Probation and Court Services Department in order
to be eligible for the reimbursement must submit to the
Supreme Court an application containing such information and
in such a form and by such dates as the Supreme Court may
require. Departments to be eligible for funding must satisfy
the following conditions:
(a) The Department shall have on file with the
Supreme Court an annual Probation plan for continuing,
improved, and new Probation and Court Services Programs
approved by the Supreme Court or its designee. This plan
shall indicate the manner in which Probation and Court
Services will be delivered and improved, consistent with
the minimum standards and regulations for Probation and
Court Services, as established by the Supreme Court. In
counties with more than one Probation and Court Services
Department eligible to receive funds, all Departments
within that county must submit plans which are approved
by the Supreme Court.
(b) The annual probation plan shall seek to
generally improve the quality of probation services and
to reduce the commitment of adult and juvenile offenders
to the Department of Corrections and shall require, when
appropriate, coordination with the Department of
Corrections and the Department of Children and Family
Services in the development and use of community
resources, information systems, case review and
permanency planning systems to avoid the duplication of
services.
(c) The Department shall be in compliance with
standards developed by the Supreme Court for basic, new
and expanded services, training, personnel hiring and
promotion.
(d) The Department shall in its annual plan
indicate the manner in which it will support the rights
of crime victims and in which manner it will implement
Article I, Section 8.1 of the Illinois Constitution and
in what manner it will coordinate crime victims' support
services with other criminal justice agencies within its
jurisdiction, including but not limited to, the State's
Attorney, the Sheriff and any municipal police
department.
(7) No statement shall be verified by the Supreme Court
or its designee or vouchered by the Comptroller unless each
of the following conditions have been met:
(a) The probation officer is a full-time employee
appointed by the Chief Judge to provide probation
services.
(b) The probation officer, in order to be eligible
for State reimbursement, is receiving a salary of at
least $17,000 per year.
(c) The probation officer is appointed or was
reappointed in accordance with minimum qualifications or
criteria established by the Supreme Court; however, all
probation officers appointed prior to January 1, 1978,
shall be exempted from the minimum requirements
established by the Supreme Court. Payments shall be made
to counties employing these exempted probation officers
as long as they are employed in the position held on the
effective date of this amendatory Act of 1985.
Promotions shall be governed by minimum qualifications
established by the Supreme Court.
(d) The Department has an established compensation
schedule approved by the Supreme Court. The compensation
schedule shall include salary ranges with necessary
increments to compensate each employee. The increments
shall, within the salary ranges, be based on such factors
as bona fide occupational qualifications, performance,
and length of service. Each position in the Department
shall be placed on the compensation schedule according to
job duties and responsibilities of such position. The
policy and procedures of the compensation schedule shall
be made available to each employee.
(8) In order to obtain full reimbursement of all
approved costs, each Department must continue to employ at
least the same number of probation officers and probation
managers as were authorized for employment for the fiscal
year which includes January 1, 1985. This number shall be
designated as the base amount of the Department. No positions
approved by the Division under paragraph (b) of subsection 4
will be included in the base amount. In the event that the
Department employs fewer Probation officers and Probation
managers than the base amount for a period of 90 days,
funding received by the Department under subsection 4 of this
Section may be reduced on a monthly basis by the amount of
the current salaries of any positions below the base amount.
(9) Before the 15th day of each month, the treasurer of
any county which has a Probation and Court Services
Department, or the treasurer of the most populous county, in
the case of a Probation or Court Services Department funded
by more than one county, shall submit an itemized statement
of all approved costs incurred in the delivery of Basic
Probation and Court Services under this Act to the Supreme
Court. The treasurer may also submit an itemized statement of
all approved costs incurred in the delivery of new and
expanded Probation and Court Services as well as
Individualized Services and Programs. The Supreme Court or
its designee shall verify compliance with this Section and
shall examine and audit the monthly statement and, upon
finding them to be correct, shall forward them to the
Comptroller for payment to the county treasurer. In the case
of payment to a treasurer of a county which is the most
populous of counties sharing the salary and expenses of a
Probation and Court Services Department, the treasurer shall
divide the money between the counties in a manner that
reflects each county's share of the cost incurred by the
Department.
(10) The county treasurer must certify that funds
received under this Section shall be used solely to maintain
and improve Probation and Court Services. The county or
circuit shall remain in compliance with all standards,
policies and regulations established by the Supreme Court. If
at any time the Supreme Court determines that a county or
circuit is not in compliance, the Supreme Court shall
immediately notify the Chief Judge, county board chairman and
the Director of Court Services Chief Probation Officer. If
after 90 days of written notice the noncompliance still
exists, the Supreme Court shall be required to reduce the
amount of monthly reimbursement by 10%. An additional 10%
reduction of monthly reimbursement shall occur for each
consecutive month of noncompliance. Except as provided in
subsection 5 of Section 15, funding to counties shall
commence on April 1, 1986. Funds received under this Act
shall be used to provide for Probation Department expenses
including those required under Section 13 of this Act. For
State fiscal year 2004 only, the Mandatory Arbitration Fund
may be used to provide for Probation Department expenses,
including those required under Section 13 of this Act.
(11) The respective counties shall be responsible for
capital and space costs, fringe benefits, clerical costs,
equipment, telecommunications, postage, commodities and
printing.
(12) Probation officers shall be considered peace
officers in the exercise of their official duties. Probation
officers, sheriffs and police officers may, anywhere within
the State, arrest any probationer who is in violation of any
of the conditions of his probation, and it shall be the duty
of the officer making such arrest to take said probationer
before the Court having jurisdiction over him for further
order.
(Source: P.A. 89-198, eff. 7-21-95; 89-390, eff. 8-20-95;
89-626, eff. 8-9-96.)
Section 50-35. The Code of Civil Procedure is amended by
changing Section 2-1009A as follows:
(735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
Sec. 2-1009A. Filing Fees. In each county authorized by
the Supreme Court to utilize mandatory arbitration, the clerk
of the circuit court shall charge and collect, in addition to
any other fees, an arbitration fee of $8, except in counties
with 3,000,000 or more inhabitants the fee shall be $10, at
the time of filing the first pleading, paper or other
appearance filed by each party in all civil cases, but no
additional fee shall be required if more than one party is
represented in a single pleading, paper or other appearance.
Arbitration fees received by the clerk of the circuit court
pursuant to this Section shall be remitted within one month
after receipt to the State Treasurer for deposit into the
Mandatory Arbitration Fund, a special fund in the State
treasury for the purpose of funding mandatory arbitration
programs and such other alternative dispute resolution
programs as may be authorized by circuit court rule for
operation in counties that have implemented mandatory
arbitration, with a separate account being maintained for
each county. Notwithstanding any other provision of this
Section to the contrary, and for State fiscal year 2004 only,
up to $5,500,000 of the Mandatory Arbitration Fund may be
used for any other purpose authorized by the Supreme Court.
(Source: P.A. 88-108; 89-532, eff. 7-19-96.)
ARTICLE 999
Section 999-99. Effective date. This Act takes effect
upon becoming law.