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91_HB4374enr
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1 AN ACT in relation to State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1. SHORT TITLE
5 Section 1-1. Short title. This Act may be cited as the
6 FY2001 Budget Implementation Act relating to the fiscal
7 operation of State government.
8 ARTICLE 5. ELIMINATE THE DIGITAL DIVIDE LAW
9 Section 5-1. Short title. This Article may be cited as
10 the Eliminate the Digital Divide Law.
11 Section 5-3. Statement of legislative findings and
12 purposes. The General Assembly finds that the growth of high
13 technology industry, including computers, the Internet, and
14 advanced telecommunications, has created a division in
15 society. Those who are able to master the tools of the new
16 digital technology and have access to the technology have
17 benefited in the form of improved employment possibilities
18 and a higher standard of life. Those who are unfamiliar with
19 the new technologies, or do not have access to them, are
20 increasingly constrained to marginal employment and a
21 standard of living near the poverty level. This "digital
22 divide" parallels existing economic, racial, and gender
23 divisions in society, with the more privileged members of
24 society having much greater opportunity to benefit from the
25 new technologies than those who are less favorably situated.
26 It is the purpose of this Law to establish educational and
27 economic development initiatives that will bridge the digital
28 divide, making possible a society in which all individuals
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1 can benefit from the opportunities provided by the new
2 technologies.
3 Section 5-5. Definitions; descriptions. As used in this
4 Article:
5 "Community-based organization" means a private
6 not-for-profit organization that is located in an Illinois
7 community and that provides services to citizens within that
8 community and the surrounding area.
9 "Community technology centers" provide computer access
10 and educational services using information technology.
11 Community technology centers are diverse in the populations
12 they serve and programs they offer, but similar in that they
13 provide technology access to individuals, communities, and
14 populations that typically would not otherwise have places to
15 use computer and telecommunications technologies.
16 "Department" means the Department of Commerce and
17 Community Affairs.
18 "National school lunch program" means a program
19 administered by the U.S. Department of Agriculture and state
20 agencies that provides free or reduced price lunches to
21 economically disadvantaged children. A child whose family
22 income is between 130% and 185% of applicable family size
23 income levels contained in the nonfarm poverty guidelines
24 prescribed by the Office of Management and Budget is eligible
25 for a reduced price lunch. A child whose family income is
26 130% or less of applicable family size income levels
27 contained in the nonfarm income poverty guidelines prescribed
28 by the Office of Management and Budget is eligible for a free
29 lunch.
30 "Telecommunications services" provided by
31 telecommunications carriers include all commercially
32 available telecommunications services in addition to all
33 reasonable charges that are incurred by taking such services,
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1 such as state and federal taxes.
2 "Other special services" provided by telecommunications
3 carriers include Internet access and installation and
4 maintenance of internal connections in addition to all
5 reasonable charges that are incurred by taking such services,
6 such as state and federal taxes.
7 Section 5-30. Community Technology Center Grant Program.
8 (a) Subject to appropriation, the Department shall
9 administer the Community Technology Center Grant Program
10 under which the Department shall make grants in accordance
11 with this Article for planning, establishment,
12 administration, and expansion of Community Technology
13 Centers. The purposes of the grants shall include, but not be
14 limited to, volunteer recruitment and management,
15 infrastructure, and related goods and services for Community
16 Technology Centers. The total amount of grants under this
17 Section in fiscal year 2001 shall not exceed $2,000,000. No
18 Community Technology Center may receive a grant of more than
19 $50,000 under this Section in a particular fiscal year.
20 (b) State educational agencies, local educational
21 agencies, institutions of higher education, and other public
22 and private nonprofit or for-profit agencies and
23 organizations are eligible to receive grants under this
24 Program. A group of eligible entities is also eligible to
25 receive a grant if the group follows the procedures for group
26 applications in 34 CFR 75.127-129 of the Education Department
27 General Administrative Regulations.
28 To be eligible to apply for a grant, a Community
29 Technology Center must serve a community in which not less
30 than 50% of the students are eligible for a free or reduced
31 price lunch under the national school lunch program or in
32 which not less than 40% of the students are eligible for a
33 free lunch under the national school lunch program; however,
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1 if funding is insufficient to approve all grant applications
2 for a particular fiscal year, the Department may impose a
3 higher minimum percentage threshold for that fiscal year.
4 Determinations of communities and determinations of the
5 percentage of students in a community who are eligible for a
6 free or reduced price lunch under the national school lunch
7 program shall be in accordance with rules adopted by the
8 Department.
9 Any entities that have received a Community Technology
10 Center grant under the federal Community Technology Centers
11 Program are also eligible to apply for grants under this
12 Program.
13 The Department shall provide assistance to Community
14 Technology Centers in making those determinations for
15 purposes of applying for grants.
16 (c) Grant applications shall be submitted to the
17 Department not later than March 15 for the next fiscal year.
18 (d) The Department shall adopt rules setting forth the
19 required form and contents of grant applications.
20 Section 5-35. Resale; Community Technology Centers.
21 (a) Products and services purchased by Community
22 Technology Centers with grant funds may not be sold, resold,
23 or transferred in consideration of money or any other thing
24 of value except with the prior approval of the Department.
25 (b) This prohibition on resale shall not bar Community
26 Technology Centers from charging fees for education or
27 workforce preparation courses. There is no prohibition on the
28 resale of products or services that are not purchased with
29 grant funds.
30 Section 5-40. Auditing; records; Community Technology
31 Centers.
32 (a) Community Technology Centers shall be required to
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1 maintain for expenditures made under this Article any
2 procurement records required by the Department. Community
3 Technology Centers shall produce those records at the request
4 of the Department, any auditor appointed by the State, or any
5 State officer or agency entitled to inspect the records.
6 (b) Community Technology Centers shall be subject to
7 random compliance audits to evaluate what products and
8 services they are purchasing and how the products and
9 services are being used.
10 Section 5-45. Statewide Community Technology Center
11 Network. Subject to appropriation, the Department shall
12 expend not more than $100,000 in fiscal year 2001 to
13 establish and administer a Statewide Community Technology
14 Center Network to assist in local and regional planning under
15 this Article.
16 Section 5-105. Rules. The Department may adopt any rules
17 that are necessary and appropriate to carry out this Article.
18 ARTICLE 10. AMENDATORY PROVISIONS
19 Section 10-5. The Department of Commerce and Community
20 Affairs Law of the Civil Administrative Code of Illinois is
21 amended by changing Sections 605-800 and 605-805 and
22 renumbering and changing Section 46.75 (as added by Public
23 Act 91-34) as follows:
24 (20 ILCS 605/605-420) (was 20 ILCS 605/46.75)
25 Sec. 605-420. 46.75. Federal Workforce Development Fund.
26 (a) The Department may accept gifts, grants, awards,
27 matching contributions, interest income, appropriations, and
28 cost sharings from individuals, businesses, governments, and
29 other third-party sources, on terms that the Director deems
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1 advisable, for any or all of the following purposes:
2 (1) to assist recipients, including recipients
3 under the Temporary Assistance to Needy Families (TANF)
4 program, to obtain and retain employment and become
5 economically self-sufficient;
6 (2) to assist economically disadvantaged and other
7 youth to make a successful transition from school to
8 work; and
9 (3) to assist other individuals targeted for
10 services through education, training, and workforce
11 development programs to obtain employment-related skills
12 and obtain employment.
13 (b) The Federal Workforce Development Fund is created as
14 a special fund in the State Treasury. On September 1, 2000,
15 or as soon thereafter as may be reasonably practicable, the
16 State Comptroller shall transfer from the Federal Workforce
17 Development Fund into the Title III Social Security and
18 Employment Fund all moneys that were received for the
19 purposes of Section 403(a)(5) of the federal Social Security
20 Act and remain unobligated on that date. Beginning on the
21 effective date of this amendatory Act of the 91st General
22 Assembly, and all moneys received under this Section for the
23 purposes of Section 403(a)(5) of the federal Social Security
24 Act, except moneys that may be necessary to pay liabilities
25 outstanding as of June 30, 2000, shall be deposited into the
26 Title III Social Security and Employment that Fund, and all
27 other moneys received under this Section shall be deposited
28 into the Federal Workforce Development Fund.
29 Moneys received under this Section in the Federal
30 Workforce Development Fund may be expended for purposes
31 consistent with the conditions under which those moneys are
32 received, subject to appropriations made by the General
33 Assembly for those purposes.
34 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.)
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1 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
2 Sec. 605-800. Training grants for skills in critical
3 demand.
4 (a) Grants to provide training in fields affected by
5 critical demands for certain skills may be made as provided
6 in this Section.
7 (b) The Director may make grants to eligible employers
8 or to other eligible entities on behalf of employers as
9 authorized in subsection (c) to provide training for
10 employees in fields for which there are critical demands for
11 certain skills.
12 (c) The Director may accept applications for training
13 grant funds and grant requests from: (i) entities sponsoring
14 multi-company eligible employee training projects as defined
15 in subsection (d), including business associations, strategic
16 business partnerships, institutions of secondary or higher
17 education, large manufacturers for supplier network
18 companies, federal Job Training Partnership Act
19 administrative entities or grant recipients, and labor
20 organizations when those projects will address common
21 training needs identified by participating companies; and
22 (ii) individual employers that are undertaking eligible
23 employee training projects as defined in subsection (d),
24 including intermediaries and training agents.
25 (d) The Director may make grants to eligible applicants
26 as defined in subsection (c) for employee training projects
27 that include, but need not be limited to, one or more of the
28 following:
29 (1) Training programs in response to new or
30 changing technology being introduced in the workplace.
31 (2) Job-linked training that offers special skills
32 for career advancement or that is preparatory for, and
33 leads directly to, jobs with definite career potential
34 and long-term job security.
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1 (3) Training necessary to implement total quality
2 management or improvement or both management and
3 improvement systems within the workplace.
4 (4) Training related to new machinery or equipment.
5 (5) Training of employees of companies that are
6 expanding into new markets or expanding exports from
7 Illinois.
8 (6) Basic, remedial, or both basic and remedial
9 training of employees as a prerequisite for other
10 vocational or technical skills training or as a condition
11 for sustained employment.
12 (7) Self-employment training of the unemployed and
13 underemployed with comprehensive, competency-based
14 instructional programs and services, entrepreneurial
15 education and training initiatives for youth and adult
16 learners in cooperation with the Illinois Institute for
17 Entrepreneurial Education, training and education,
18 conferences, workshops, and best practice information for
19 local program operators of entrepreneurial education and
20 self-employment training programs.
21 (8) Other training activities or projects, or both
22 training activities and projects, related to the support,
23 development, or evaluation of job training programs,
24 activities, and delivery systems, including training
25 needs assessment and design.
26 (e) Grants shall be made on the terms and conditions
27 that the Department shall determine. No grant made under
28 subsection (d), however, shall exceed 50% of the direct costs
29 of all approved training programs provided by the employer or
30 the employer's training agent or other entity as defined in
31 subsection (c). Under this Section, allowable costs include,
32 but are not limited to:
33 (1) Administrative costs of tracking, documenting,
34 reporting, and processing training funds or project
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1 costs.
2 (2) Curriculum development.
3 (3) Wages and fringe benefits of employees.
4 (4) Training materials, including scrap product
5 costs.
6 (5) Trainee travel expenses.
7 (6) Instructor costs, including wages, fringe
8 benefits, tuition, and travel expenses.
9 (7) Rent, purchase, or lease of training equipment.
10 (8) Other usual and customary training costs.
11 (f) The Director will ensure that a minimum of one
12 on-site grant monitoring visit is conducted by the Department
13 either during the course of the grant period or within 6
14 months following the end of the grant period. The Department
15 shall verify that the grantee's financial management system
16 is structured to provide for accurate, current, and complete
17 disclosure of the financial results of the grant program in
18 accordance with all provisions, terms, and conditions
19 contained in the grant contract.
20 (g) The Director may establish and collect a schedule of
21 charges from subgrantee entities and other system users under
22 federal job-training programs for participating in and
23 utilizing the Department's automated job-training program
24 information systems if the systems and the necessary
25 participation and utilization are requirements of the federal
26 job-training programs. All monies collected pursuant to this
27 subsection shall be deposited into the Title III Social
28 Security and Employment Fund, except that any moneys that may
29 be necessary to pay liabilities outstanding as of June 30,
30 2000 shall be deposited into the Federal Job-Training
31 Information Systems Revolving Fund created in Section 35-805.
32 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00;
33 91-476, eff. 8-11-99; revised 10-20-99.)
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1 (20 ILCS 605/605-805) (was 20 ILCS 605/46.19a in part)
2 Sec. 605-805. Federal Job-Training Information Systems
3 Revolving Fund. There is hereby created a special fund in
4 the State treasury to be known as the Federal Job-Training
5 Information Systems Revolving Fund. On September 1, 2000, or
6 as soon thereafter as may be reasonably practicable, the
7 State Comptroller shall transfer all unobligated funds from
8 the Federal Job-Training Information Systems Revolving Fund
9 into the Title III Social Security and Employment Fund.
10 Moneys collected The deposit of monies into this fund shall
11 be limited to the collection of charges pursuant to
12 subsection (g) of Section 605-800. The monies in the fund
13 may be used, subject to appropriation by the General
14 Assembly, only for the purpose of financing the maintenance
15 and operation of the automated Federal Job-Training
16 Information Systems described in that pursuant to subsection
17 (g) of Section 605-800.
18 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
19 Section 10-10. The Illinois Building Commission Act is
20 amended by changing Section 45 as follows:
21 (20 ILCS 3918/45)
22 Sec. 45. Assistance of the Capital Development Board
23 Department of Public Health. The Capital Development Board
24 Department of Public Health shall assist the Commission in
25 carrying out its functions and responsibilities by providing
26 administrative and staff support. The Commission shall
27 advise the Board Department of its budgetary and staff needs.
28 (Source: P.A. 90-269, eff. 1-1-98.)
29 Section 10-15. The State Finance Act is amended by
30 changing Sections 6z-43, 8g, and 13.3 as follows:
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1 (30 ILCS 105/6z-43)
2 Sec. 6z-43. Tobacco Settlement Recovery Fund.
3 (a) There is created in the State Treasury a special
4 fund to be known as the Tobacco Settlement Recovery Fund,
5 into which shall be deposited all monies paid to the State
6 pursuant to (1) the Master Settlement Agreement entered in
7 the case of People of the State of Illinois v. Philip Morris,
8 et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
9 any settlement with or judgment against any tobacco product
10 manufacturer other than one participating in the Master
11 Settlement Agreement in satisfaction of any released claim as
12 defined in the Master Settlement Agreement, as well as any
13 other monies as provided by law. All earnings on Fund
14 investments shall be deposited into the Fund. Upon the
15 creation of the Fund, the State Comptroller shall order the
16 State Treasurer to transfer into the Fund any monies paid to
17 the State as described in item (1) or (2) of this Section
18 before the creation of the Fund plus any interest earned on
19 the investment of those monies.
20 (b) As soon as may be practical after June 30, 2001, the
21 State Comptroller shall direct and the State Treasurer shall
22 transfer the unencumbered balance in the Tobacco Settlement
23 Recovery Fund as of June 30, 2001 into the Budget
24 Stabilization Fund. The Treasurer may invest the moneys in
25 the Budget Stabilization Fund in the same manner, in the same
26 types of investments, and subject to the same limitations
27 provided in the Illinois Pension Code for the investment of
28 pension funds other than those established under Article 3 or
29 4 of the Code.
30 (Source: P.A. 91-646, eff. 11-19-99.)
31 (30 ILCS 105/8g)
32 Sec. 8g. Transfers from General Revenue Fund.
33 (a) In addition to any other transfers that may be
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1 provided for by law, as soon as may be practical after the
2 effective date of this amendatory Act of the 91st General
3 Assembly, the State Comptroller shall direct and the State
4 Treasurer shall transfer the sum of $10,000,000 from the
5 General Revenue Fund to the Motor Vehicle License Plate Fund
6 created by Senate Bill 1028 of the 91st General Assembly.
7 (b) In addition to any other transfers that may be
8 provided for by law, as soon as may be practical after the
9 effective date of this amendatory Act of the 91st General
10 Assembly, the State Comptroller shall direct and the State
11 Treasurer shall transfer the sum of $25,000,000 from the
12 General Revenue Fund to the Fund for Illinois' Future created
13 by Senate Bill 1066 of the 91st General Assembly.
14 (c) In addition to any other transfers that may be
15 provided for by law, on August 30 of each fiscal year's
16 license period, the Illinois Liquor Control Commission shall
17 direct and the State Comptroller and State Treasurer shall
18 transfer from the General Revenue Fund to the Youth
19 Alcoholism and Substance Abuse Prevention Fund an amount
20 equal to the number of retail liquor licenses issued for that
21 fiscal year multiplied by $50.
22 (d) The payments to programs required under subsection
23 (d) of Section 28.1 of the Horse Racing Act of 1975 shall be
24 made, pursuant to appropriation, from the special funds
25 referred to in the statutes cited in that subsection, rather
26 than directly from the General Revenue Fund.
27 Beginning January 1, 2000, on the first day of each
28 month, or as soon as may be practical thereafter, the State
29 Comptroller shall direct and the State Treasurer shall
30 transfer from the General Revenue Fund to each of the special
31 funds from which payments are to be made under Section
32 28.1(d) of the Horse Racing Act of 1975 an amount equal to
33 1/12 of the annual amount required for those payments from
34 that special fund, which annual amount shall not exceed the
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1 annual amount for those payments from that special fund for
2 the calendar year 1998. The special funds to which transfers
3 shall be made under this subsection (d) include, but are not
4 necessarily limited to, the Agricultural Premium Fund; the
5 Metropolitan Exposition Auditorium and Office Building Fund;
6 the Fair and Exposition Fund; the Standardbred Breeders Fund;
7 the Thoroughbred Breeders Fund; and the Illinois Veterans'
8 Rehabilitation Fund.
9 (e) In addition to any other transfers that may be
10 provided for by law, as soon as may be practical after the
11 effective date of this amendatory Act of the 91st General
12 Assembly, but in no event later than June 30, 2000, the State
13 Comptroller shall direct and the State Treasurer shall
14 transfer the sum of $15,000,000 from the General Revenue Fund
15 to the Fund for Illinois' Future.
16 (f) In addition to any other transfers that may be
17 provided for by law, as soon as may be practical after the
18 effective date of this amendatory Act of the 91st General
19 Assembly, but in no event later than June 30, 2000, the State
20 Comptroller shall direct and the State Treasurer shall
21 transfer the sum of $70,000,000 from the General Revenue Fund
22 to the Long-Term Care Provider Fund.
23 (Source: P.A. 91-25, eff. 6-9-99.)
24 (30 ILCS 105/13.3) (from Ch. 127, par. 149.3)
25 Sec. 13.3. Petty cash funds; purchasing cards.
26 (a) Any State agency may establish and maintain petty
27 cash funds for the purpose of making change, purchasing items
28 of small cost, payment of postage due, and for other nominal
29 expenditures which cannot be administered economically and
30 efficiently through customary procurement practices.
31 Petty cash funds may be established and maintained from
32 moneys which are appropriated to the agency for Contractual
33 Services. In the case of an agency which receives a single
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1 appropriation for its ordinary and contingent expenses, the
2 agency may establish a petty cash fund from the appropriated
3 funds.
4 Before the establishment of any petty cash fund, the
5 agency shall submit to the State Comptroller a survey of the
6 need for the fund. The survey shall also establish that
7 sufficient internal accounting controls exist. The
8 Comptroller shall investigate such need and if he determines
9 that it exists and that adequate accounting controls exist,
10 shall approve the establishment of the fund. The Comptroller
11 shall have the power to revoke any approval previously made
12 under this Section.
13 Petty cash funds established under this Section shall be
14 operated and maintained on the imprest system and no fund
15 shall exceed $1,000, except that the Secretary of State may
16 maintain a fund of not exceeding $2,000 for each Chicago
17 Motor Vehicle Facility, each Springfield Public Service
18 Facility, and the Motor Vehicle Facilities in Champaign,
19 Decatur, Marion, Naperville, Peoria, Rockford, Granite City,
20 Quincy, and Carbondale, to be used solely for the purpose of
21 making change. Except for purchases made by procurement card
22 as provided in subsection (b) of this Section, single
23 transactions shall be limited to amounts less than $50, and
24 all transactions occurring in the fund shall be reported and
25 accounted for as may be provided in the uniform accounting
26 system developed by the State Comptroller and the rules and
27 regulations implementing that accounting system. All amounts
28 in any such fund of less than $1,000 but over $100 shall be
29 kept in a checking account in a bank, or savings and loan
30 association or trust company which is insured by the United
31 States government or any agency of the United States
32 government, except that in funds maintained in Chicago Motor
33 Vehicle Facilities, each Springfield Public Service Facility,
34 and the Motor Vehicle Facilities in Champaign, Decatur,
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1 Marion, Naperville, Peoria, Rockford, Granite City, Quincy,
2 and Carbondale, all amounts in the fund may be retained on
3 the premises of such facilities.
4 No bank or savings and loan association shall receive
5 public funds as permitted by this Section, unless it has
6 complied with the requirements established pursuant to
7 Section 6 of "An Act relating to certain investments of
8 public funds by public agencies", approved July 23, 1943, as
9 now or hereafter amended.
10 An internal audit shall be performed of any petty cash
11 fund which receives reimbursements of more than $5,000 in a
12 fiscal year.
13 Upon succession in the custodianship of any petty cash
14 fund, both the former and successor custodians shall sign a
15 statement, in triplicate, showing the exact status of the
16 fund at the time of the transfer. The original copy shall be
17 kept on file in the office wherein the fund exists, and each
18 signer shall be entitled to retain one copy.
19 (b) The Comptroller may provide by rule for the use of
20 purchasing cards by State agencies to pay for purchases that
21 otherwise may be paid out of the agency's petty cash fund.
22 Any rule adopted hereunder shall impose a single transaction
23 limit, which shall not be greater than $500.
24 The rules of the Comptroller may include but shall not be
25 limited to:
26 (1) standards for the issuance of purchasing cards
27 to State agencies based upon the best interests of the
28 State;
29 (2) procedures for recording purchasing card
30 transactions within the State accounting system, which
31 may provide for summary reporting;
32 (3) procedures for auditing purchasing card
33 transactions on a post-payment basis;
34 (4) standards for awarding contracts with a
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1 purchasing card vendor to acquire purchasing cards for
2 use by State agencies; and
3 (5) procedures for the Comptroller to charge
4 against State agency appropriations for payment of
5 purchasing card expenditures without the use of the
6 voucher and warrant system.
7 (c) As used in this Section, "State agency" means any
8 department, officer, authority, public corporation,
9 quasi-public corporation, commission, board, institution,
10 State college or university, or other public agency created
11 by the State, other than units of local government and school
12 districts.
13 (Source: P.A. 90-33, eff. 6-27-97.)
14 Section 10-18. The Illinois Income Tax Act is amended by
15 changing Section 901 as follows:
16 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
17 Sec. 901. Collection Authority.
18 (a) In general.
19 The Department shall collect the taxes imposed by this
20 Act. The Department shall collect certified past due child
21 support amounts under Section 2505-650 of the Department of
22 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
23 subsections (c) and (e) of this Section, money collected
24 pursuant to subsections (a) and (b) of Section 201 of this
25 Act shall be paid into the General Revenue Fund in the State
26 treasury; money collected pursuant to subsections (c) and (d)
27 of Section 201 of this Act shall be paid into the Personal
28 Property Tax Replacement Fund, a special fund in the State
29 Treasury; and money collected under Section 2505-650 of the
30 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
31 paid to the State Disbursement Unit established under Section
32 10-26 of the Illinois Public Aid Code.
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1 (b) Local Governmental Distributive Fund.
2 Beginning August 1, 1969, and continuing through June 30,
3 1994, the Treasurer shall transfer each month from the
4 General Revenue Fund to a special fund in the State treasury,
5 to be known as the "Local Government Distributive Fund", an
6 amount equal to 1/12 of the net revenue realized from the tax
7 imposed by subsections (a) and (b) of Section 201 of this Act
8 during the preceding month. Beginning July 1, 1994, and
9 continuing through June 30, 1995, the Treasurer shall
10 transfer each month from the General Revenue Fund to the
11 Local Government Distributive Fund an amount equal to 1/11 of
12 the net revenue realized from the tax imposed by subsections
13 (a) and (b) of Section 201 of this Act during the preceding
14 month. Beginning July 1, 1995, the Treasurer shall transfer
15 each month from the General Revenue Fund to the Local
16 Government Distributive Fund an amount equal to 1/10 of the
17 net revenue realized from the tax imposed by subsections (a)
18 and (b) of Section 201 of the Illinois Income Tax Act during
19 the preceding month. Net revenue realized for a month shall
20 be defined as the revenue from the tax imposed by subsections
21 (a) and (b) of Section 201 of this Act which is deposited in
22 the General Revenue Fund, the Educational Assistance Fund and
23 the Income Tax Surcharge Local Government Distributive Fund
24 during the month minus the amount paid out of the General
25 Revenue Fund in State warrants during that same month as
26 refunds to taxpayers for overpayment of liability under the
27 tax imposed by subsections (a) and (b) of Section 201 of this
28 Act.
29 (c) Deposits Into Income Tax Refund Fund.
30 (1) Beginning on January 1, 1989 and thereafter,
31 the Department shall deposit a percentage of the amounts
32 collected pursuant to subsections (a) and (b)(1), (2),
33 and (3), of Section 201 of this Act into a fund in the
34 State treasury known as the Income Tax Refund Fund. The
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1 Department shall deposit 6% of such amounts during the
2 period beginning January 1, 1989 and ending on June 30,
3 1989. Beginning with State fiscal year 1990 and for each
4 fiscal year thereafter, the percentage deposited into the
5 Income Tax Refund Fund during a fiscal year shall be the
6 Annual Percentage. For fiscal years 1999 through 2001,
7 the Annual Percentage shall be 7.1%. For all other
8 fiscal years, the Annual Percentage shall be calculated
9 as a fraction, the numerator of which shall be the amount
10 of refunds approved for payment by the Department during
11 the preceding fiscal year as a result of overpayment of
12 tax liability under subsections (a) and (b)(1), (2), and
13 (3) of Section 201 of this Act plus the amount of such
14 refunds remaining approved but unpaid at the end of the
15 preceding fiscal year, the denominator of which shall be
16 the amounts which will be collected pursuant to
17 subsections (a) and (b)(1), (2), and (3) of Section 201
18 of this Act during the preceding fiscal year. The
19 Director of Revenue shall certify the Annual Percentage
20 to the Comptroller on the last business day of the fiscal
21 year immediately preceding the fiscal year for which it
22 is to be effective.
23 (2) Beginning on January 1, 1989 and thereafter,
24 the Department shall deposit a percentage of the amounts
25 collected pursuant to subsections (a) and (b)(6), (7),
26 and (8), (c) and (d) of Section 201 of this Act into a
27 fund in the State treasury known as the Income Tax Refund
28 Fund. The Department shall deposit 18% of such amounts
29 during the period beginning January 1, 1989 and ending on
30 June 30, 1989. Beginning with State fiscal year 1990 and
31 for each fiscal year thereafter, the percentage deposited
32 into the Income Tax Refund Fund during a fiscal year
33 shall be the Annual Percentage. For fiscal years 1999,
34 2000, and 2001, the Annual Percentage shall be 19%. For
HB4374 Enrolled -19- LRB9111008EGfg
1 all other fiscal years, the Annual Percentage shall be
2 calculated as a fraction, the numerator of which shall be
3 the amount of refunds approved for payment by the
4 Department during the preceding fiscal year as a result
5 of overpayment of tax liability under subsections (a) and
6 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
7 Act plus the amount of such refunds remaining approved
8 but unpaid at the end of the preceding fiscal year, the
9 denominator of which shall be the amounts which will be
10 collected pursuant to subsections (a) and (b)(6), (7),
11 and (8), (c) and (d) of Section 201 of this Act during
12 the preceding fiscal year. The Director of Revenue shall
13 certify the Annual Percentage to the Comptroller on the
14 last business day of the fiscal year immediately
15 preceding the fiscal year for which it is to be
16 effective.
17 (d) Expenditures from Income Tax Refund Fund.
18 (1) Beginning January 1, 1989, money in the Income
19 Tax Refund Fund shall be expended exclusively for the
20 purpose of paying refunds resulting from overpayment of
21 tax liability under Section 201 of this Act, for paying
22 rebates under Section 208.1 in the event that the amounts
23 in the Homeowners' Tax Relief Fund are insufficient for
24 that purpose, and for making transfers pursuant to this
25 subsection (d).
26 (2) The Director shall order payment of refunds
27 resulting from overpayment of tax liability under Section
28 201 of this Act from the Income Tax Refund Fund only to
29 the extent that amounts collected pursuant to Section 201
30 of this Act and transfers pursuant to this subsection (d)
31 have been deposited and retained in the Fund.
32 (3) As soon as possible after the end of each
33 fiscal year, the Director shall order transferred and the
34 State Treasurer and State Comptroller shall transfer from
HB4374 Enrolled -20- LRB9111008EGfg
1 the Income Tax Refund Fund to the Personal Property Tax
2 Replacement Fund an amount, certified by the Director to
3 the Comptroller, equal to the excess of the amount
4 collected pursuant to subsections (c) and (d) of Section
5 201 of this Act deposited into the Income Tax Refund Fund
6 during the fiscal year over the amount of refunds
7 resulting from overpayment of tax liability under
8 subsections (c) and (d) of Section 201 of this Act paid
9 from the Income Tax Refund Fund during the fiscal year.
10 (4) As soon as possible after the end of each
11 fiscal year, the Director shall order transferred and the
12 State Treasurer and State Comptroller shall transfer from
13 the Personal Property Tax Replacement Fund to the Income
14 Tax Refund Fund an amount, certified by the Director to
15 the Comptroller, equal to the excess of the amount of
16 refunds resulting from overpayment of tax liability under
17 subsections (c) and (d) of Section 201 of this Act paid
18 from the Income Tax Refund Fund during the fiscal year
19 over the amount collected pursuant to subsections (c) and
20 (d) of Section 201 of this Act deposited into the Income
21 Tax Refund Fund during the fiscal year.
22 (4.5) As soon as possible after the end of fiscal
23 year 1999 and of each fiscal year thereafter, the
24 Director shall order transferred and the State Treasurer
25 and State Comptroller shall transfer from the Income Tax
26 Refund Fund to the General Revenue Fund any surplus
27 remaining in the Income Tax Refund Fund as of the end of
28 such fiscal year.
29 (5) This Act shall constitute an irrevocable and
30 continuing appropriation from the Income Tax Refund Fund
31 for the purpose of paying refunds upon the order of the
32 Director in accordance with the provisions of this
33 Section.
34 (e) Deposits into the Education Assistance Fund and the
HB4374 Enrolled -21- LRB9111008EGfg
1 Income Tax Surcharge Local Government Distributive Fund.
2 On July 1, 1991, and thereafter, of the amounts collected
3 pursuant to subsections (a) and (b) of Section 201 of this
4 Act, minus deposits into the Income Tax Refund Fund, the
5 Department shall deposit 7.3% into the Education Assistance
6 Fund in the State Treasury. Beginning July 1, 1991, and
7 continuing through January 31, 1993, of the amounts collected
8 pursuant to subsections (a) and (b) of Section 201 of the
9 Illinois Income Tax Act, minus deposits into the Income Tax
10 Refund Fund, the Department shall deposit 3.0% into the
11 Income Tax Surcharge Local Government Distributive Fund in
12 the State Treasury. Beginning February 1, 1993 and
13 continuing through June 30, 1993, of the amounts collected
14 pursuant to subsections (a) and (b) of Section 201 of the
15 Illinois Income Tax Act, minus deposits into the Income Tax
16 Refund Fund, the Department shall deposit 4.4% into the
17 Income Tax Surcharge Local Government Distributive Fund in
18 the State Treasury. Beginning July 1, 1993, and continuing
19 through June 30, 1994, of the amounts collected under
20 subsections (a) and (b) of Section 201 of this Act, minus
21 deposits into the Income Tax Refund Fund, the Department
22 shall deposit 1.475% into the Income Tax Surcharge Local
23 Government Distributive Fund in the State Treasury.
24 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
25 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
26 Section 10-20. The Motor Fuel Tax Law is amended by
27 changing Section 8 as follows:
28 (35 ILCS 505/8) (from Ch. 120, par. 424)
29 Sec. 8. Except as provided in Sections 8a and 13a.6 and
30 items 13, 14, 15, and 16 of Section 15, all money received by
31 the Department under this Act, including payments made to the
32 Department by member jurisdictions participating in the
HB4374 Enrolled -22- LRB9111008EGfg
1 International Fuel Tax Agreement, shall be deposited in a
2 special fund in the State treasury, to be known as the "Motor
3 Fuel Tax Fund", and shall be used as follows:
4 (a) 2 1/2 cents per gallon of the tax collected on
5 special fuel under paragraph (b) of Section 2 and Section 13a
6 of this Act shall be transferred to the State Construction
7 Account Fund in the State Treasury;
8 (b) $420,000 shall be transferred each month to the
9 State Boating Act Fund to be used by the Department of
10 Natural Resources for the purposes specified in Article X of
11 the Boat Registration and Safety Act;
12 (c) $2,250,000 shall be transferred each month to the
13 Grade Crossing Protection Fund to be used as follows: not
14 less than $6,000,000 each fiscal year shall be used for the
15 construction or reconstruction of rail highway grade
16 separation structures; beginning with fiscal year 1997 and
17 ending in fiscal year 2000 2003, $1,500,000, beginning with
18 fiscal year 2001 and ending in fiscal year 2003, $2,250,000,
19 and $750,000 in fiscal year 2004 and each fiscal year
20 thereafter shall be transferred to the Transportation
21 Regulatory Fund and shall be accounted for as part of the
22 rail carrier portion of such funds and shall be used to pay
23 the cost of administration of the Illinois Commerce
24 Commission's railroad safety program in connection with its
25 duties under subsection (3) of Section 18c-7401 of the
26 Illinois Vehicle Code, with the remainder to be used by the
27 Department of Transportation upon order of the Illinois
28 Commerce Commission, to pay that part of the cost apportioned
29 by such Commission to the State to cover the interest of the
30 public in the use of highways, roads or streets in the county
31 highway system, township and district road system or
32 municipal street system as defined in the Illinois Highway
33 Code, as the same may from time to time be amended, for
34 separation of grades, for installation, construction or
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1 reconstruction of crossing protection or reconstruction,
2 alteration, relocation including construction or improvement
3 of any existing highway necessary for access to property or
4 improvement of any grade crossing including the necessary
5 highway approaches thereto of any railroad across the highway
6 or public road, as provided for in and in accordance with
7 Section 18c-7401 of the Illinois Vehicle Code. In entering
8 orders for projects for which payments from the Grade
9 Crossing Protection Fund will be made, the Commission shall
10 account for expenditures authorized by the orders on a cash
11 rather than an accrual basis. For purposes of this
12 requirement an "accrual basis" assumes that the total cost of
13 the project is expended in the fiscal year in which the order
14 is entered, while a "cash basis" allocates the cost of the
15 project among fiscal years as expenditures are actually made.
16 To meet the requirements of this subsection, the Illinois
17 Commerce Commission shall develop annual and 5-year project
18 plans of rail crossing capital improvements that will be paid
19 for with moneys from the Grade Crossing Protection Fund. The
20 annual project plan shall identify projects for the
21 succeeding fiscal year and the 5-year project plan shall
22 identify projects for the 5 directly succeeding fiscal years.
23 The Commission shall submit the annual and 5-year project
24 plans for this Fund to the Governor, the President of the
25 Senate, the Senate Minority Leader, the Speaker of the House
26 of Representatives, and the Minority Leader of the House of
27 Representatives on the first Wednesday in April of each year;
28 (d) of the amount remaining after allocations provided
29 for in subsections (a), (b) and (c), a sufficient amount
30 shall be reserved to pay all of the following:
31 (1) the costs of the Department of Revenue in
32 administering this Act;
33 (2) the costs of the Department of Transportation
34 in performing its duties imposed by the Illinois Highway
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1 Code for supervising the use of motor fuel tax funds
2 apportioned to municipalities, counties and road
3 districts;
4 (3) refunds provided for in Section 13 of this Act
5 and under the terms of the International Fuel Tax
6 Agreement referenced in Section 14a;
7 (4) from October 1, 1985 until June 30, 1994, the
8 administration of the Vehicle Emissions Inspection Law,
9 which amount shall be certified monthly by the
10 Environmental Protection Agency to the State Comptroller
11 and shall promptly be transferred by the State
12 Comptroller and Treasurer from the Motor Fuel Tax Fund to
13 the Vehicle Inspection Fund, and for the period beginning
14 July 1, 1994 through June 30, and until December 31,
15 2000, one-twelfth of $25,000,000 each month, and for the
16 period July 1, 2000 through June 30, 2006, one-twelfth of
17 $30,000,000 each month, for the administration of the
18 Vehicle Emissions Inspection Law of 1995, to be
19 transferred by the State Comptroller and Treasurer from
20 the Motor Fuel Tax Fund into the Vehicle Inspection Fund;
21 (5) amounts ordered paid by the Court of Claims;
22 and
23 (6) payment of motor fuel use taxes due to member
24 jurisdictions under the terms of the International Fuel
25 Tax Agreement. The Department shall certify these
26 amounts to the Comptroller by the 15th day of each month;
27 the Comptroller shall cause orders to be drawn for such
28 amounts, and the Treasurer shall administer those amounts
29 on or before the last day of each month;
30 (e) after allocations for the purposes set forth in
31 subsections (a), (b), (c) and (d), the remaining amount shall
32 be apportioned as follows:
33 (1) Until January 1, 2000, 58.4%, and beginning
34 January 1, 2000, 45.6% shall be deposited as follows:
HB4374 Enrolled -25- LRB9111008EGfg
1 (A) 37% into the State Construction Account
2 Fund, and
3 (B) 63% into the Road Fund, $1,250,000 of
4 which shall be reserved each month for the
5 Department of Transportation to be used in
6 accordance with the provisions of Sections 6-901
7 through 6-906 of the Illinois Highway Code;
8 (2) Until January 1, 2000, 41.6%, and beginning
9 January 1, 2000, 54.4% shall be transferred to the
10 Department of Transportation to be distributed as
11 follows:
12 (A) 49.10% to the municipalities of the State,
13 (B) 16.74% to the counties of the State having
14 1,000,000 or more inhabitants,
15 (C) 18.27% to the counties of the State having
16 less than 1,000,000 inhabitants,
17 (D) 15.89% to the road districts of the State.
18 As soon as may be after the first day of each month the
19 Department of Transportation shall allot to each municipality
20 its share of the amount apportioned to the several
21 municipalities which shall be in proportion to the population
22 of such municipalities as determined by the last preceding
23 municipal census if conducted by the Federal Government or
24 Federal census. If territory is annexed to any municipality
25 subsequent to the time of the last preceding census the
26 corporate authorities of such municipality may cause a census
27 to be taken of such annexed territory and the population so
28 ascertained for such territory shall be added to the
29 population of the municipality as determined by the last
30 preceding census for the purpose of determining the allotment
31 for that municipality. If the population of any municipality
32 was not determined by the last Federal census preceding any
33 apportionment, the apportionment to such municipality shall
34 be in accordance with any census taken by such municipality.
HB4374 Enrolled -26- LRB9111008EGfg
1 Any municipal census used in accordance with this Section
2 shall be certified to the Department of Transportation by the
3 clerk of such municipality, and the accuracy thereof shall be
4 subject to approval of the Department which may make such
5 corrections as it ascertains to be necessary.
6 As soon as may be after the first day of each month the
7 Department of Transportation shall allot to each county its
8 share of the amount apportioned to the several counties of
9 the State as herein provided. Each allotment to the several
10 counties having less than 1,000,000 inhabitants shall be in
11 proportion to the amount of motor vehicle license fees
12 received from the residents of such counties, respectively,
13 during the preceding calendar year. The Secretary of State
14 shall, on or before April 15 of each year, transmit to the
15 Department of Transportation a full and complete report
16 showing the amount of motor vehicle license fees received
17 from the residents of each county, respectively, during the
18 preceding calendar year. The Department of Transportation
19 shall, each month, use for allotment purposes the last such
20 report received from the Secretary of State.
21 As soon as may be after the first day of each month, the
22 Department of Transportation shall allot to the several
23 counties their share of the amount apportioned for the use of
24 road districts. The allotment shall be apportioned among the
25 several counties in the State in the proportion which the
26 total mileage of township or district roads in the respective
27 counties bears to the total mileage of all township and
28 district roads in the State. Funds allotted to the respective
29 counties for the use of road districts therein shall be
30 allocated to the several road districts in the county in the
31 proportion which the total mileage of such township or
32 district roads in the respective road districts bears to the
33 total mileage of all such township or district roads in the
34 county. After July 1 of any year, no allocation shall be
HB4374 Enrolled -27- LRB9111008EGfg
1 made for any road district unless it levied a tax for road
2 and bridge purposes in an amount which will require the
3 extension of such tax against the taxable property in any
4 such road district at a rate of not less than either .08% of
5 the value thereof, based upon the assessment for the year
6 immediately prior to the year in which such tax was levied
7 and as equalized by the Department of Revenue or, in DuPage
8 County, an amount equal to or greater than $12,000 per mile
9 of road under the jurisdiction of the road district,
10 whichever is less. If any road district has levied a special
11 tax for road purposes pursuant to Sections 6-601, 6-602 and
12 6-603 of the Illinois Highway Code, and such tax was levied
13 in an amount which would require extension at a rate of not
14 less than .08% of the value of the taxable property thereof,
15 as equalized or assessed by the Department of Revenue, or, in
16 DuPage County, an amount equal to or greater than $12,000 per
17 mile of road under the jurisdiction of the road district,
18 whichever is less, such levy shall, however, be deemed a
19 proper compliance with this Section and shall qualify such
20 road district for an allotment under this Section. If a
21 township has transferred to the road and bridge fund money
22 which, when added to the amount of any tax levy of the road
23 district would be the equivalent of a tax levy requiring
24 extension at a rate of at least .08%, or, in DuPage County,
25 an amount equal to or greater than $12,000 per mile of road
26 under the jurisdiction of the road district, whichever is
27 less, such transfer, together with any such tax levy, shall
28 be deemed a proper compliance with this Section and shall
29 qualify the road district for an allotment under this
30 Section.
31 In counties in which a property tax extension limitation
32 is imposed under the Property Tax Extension Limitation Law,
33 road districts may retain their entitlement to a motor fuel
34 tax allotment if, at the time the property tax extension
HB4374 Enrolled -28- LRB9111008EGfg
1 limitation was imposed, the road district was levying a road
2 and bridge tax at a rate sufficient to entitle it to a motor
3 fuel tax allotment and continues to levy the maximum
4 allowable amount after the imposition of the property tax
5 extension limitation. Any road district may in all
6 circumstances retain its entitlement to a motor fuel tax
7 allotment if it levied a road and bridge tax in an amount
8 that will require the extension of the tax against the
9 taxable property in the road district at a rate of not less
10 than 0.08% of the assessed value of the property, based upon
11 the assessment for the year immediately preceding the year in
12 which the tax was levied and as equalized by the Department
13 of Revenue or, in DuPage County, an amount equal to or
14 greater than $12,000 per mile of road under the jurisdiction
15 of the road district, whichever is less.
16 As used in this Section the term "road district" means
17 any road district, including a county unit road district,
18 provided for by the Illinois Highway Code; and the term
19 "township or district road" means any road in the township
20 and district road system as defined in the Illinois Highway
21 Code. For the purposes of this Section, "road district" also
22 includes park districts, forest preserve districts and
23 conservation districts organized under Illinois law and
24 "township or district road" also includes such roads as are
25 maintained by park districts, forest preserve districts and
26 conservation districts. The Department of Transportation
27 shall determine the mileage of all township and district
28 roads for the purposes of making allotments and allocations
29 of motor fuel tax funds for use in road districts.
30 Payment of motor fuel tax moneys to municipalities and
31 counties shall be made as soon as possible after the
32 allotment is made. The treasurer of the municipality or
33 county may invest these funds until their use is required and
34 the interest earned by these investments shall be limited to
HB4374 Enrolled -29- LRB9111008EGfg
1 the same uses as the principal funds.
2 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
3 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
4 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
5 7-29-99; revised 8-23-99.)
6 Section 10-25. The Counties Code is amended by changing
7 Sections 4-2001 and 4-3001 as follows:
8 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
9 Sec. 4-2001. State's attorney salaries.
10 (a) There shall be allowed to the several state's
11 attorneys in this State, except the state's attorney of Cook
12 County, the following annual salary:
13 (1) Subject to paragraph (5), to each state's
14 attorney in counties containing less than 10,000
15 inhabitants, $40,500 until December 31, 1988, $45,500
16 until June 30, 1994, and $55,500 thereafter or as set by
17 the Compensation Review Board, whichever is greater.
18 (2) Subject to paragraph (5), to each state's
19 attorney in counties containing 10,000 or more
20 inhabitants but less than 20,000 inhabitants, $46,500
21 until December 31, 1988, $61,500 until June 30, 1994, and
22 $71,500 thereafter or as set by the Compensation Review
23 Board, whichever is greater.
24 (3) Subject to paragraph (5), to each state's
25 attorney in counties containing 20,000 or more but less
26 than 30,000 inhabitants, $51,000 until December 31, 1988,
27 $65,000 until June 30, 1994, and $75,000 thereafter or as
28 set by the Compensation Review Board, whichever is
29 greater.
30 (4) To each state's attorney in counties of 30,000
31 or more inhabitants, $65,500 until December 31, 1988,
32 $80,000 until June 30, 1994, and $96,837 thereafter or as
HB4374 Enrolled -30- LRB9111008EGfg
1 set by the Compensation Review Board, whichever is
2 greater.
3 (5) Effective December 1, 2000, to each state's
4 attorney in counties containing fewer than 30,000
5 inhabitants, the same salary plus any cost of living
6 adjustments as authorized by the Compensation Review
7 Board to take effect after January 1, 1999, for state's
8 attorneys in counties containing 20,000 or more but fewer
9 than 30,000 inhabitants, or as set by the Compensation
10 Review Board whichever is greater.
11 The State shall furnish 66 2/3% of the total annual
12 compensation to be paid to each state's attorney in Illinois
13 based on the salary in effect on December 31, 1988, and 100%
14 of the increases in salary taking effect after December 31,
15 1988.
16 Said amounts furnished by the State shall be payable
17 monthly from the state treasury to the county in which each
18 state's attorney is elected.
19 Each county shall be required to furnish 33 1/3% of the
20 total annual compensation to be paid to each state's attorney
21 in Illinois based on the salary in effect on December 31,
22 1988.
23 (b) Effective December 1, 2000, no state's attorney may
24 engage in the private practice of law. However, until
25 November 30, 2000, (i) the state's attorneys in counties
26 containing fewer than 10,000 inhabitants may engage in the
27 practice of law, and (ii) in any county between 10,000 and
28 30,000 inhabitants or in any county containing 30,000 or more
29 inhabitants which reached that population between 1970 and
30 December 31, 1981, the state's attorney may declare his or
31 her intention to engage in the private practice of law, and
32 may do so through no later than November 30, 2000, by filing
33 a written declaration of intent to engage in the private
34 practice of law with the county clerk. The declaration of
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1 intention shall be irrevocable during the remainder of the
2 term of office. The declaration shall be filed with the
3 county clerk within 30 days of certification of election or
4 appointment, or within 60 days of March 15, 1989, whichever
5 is later. In that event the annual salary of such state's
6 attorney shall be as follows:
7 (1) In counties containing 10,000 or more
8 inhabitants but less than 20,000 inhabitants, $46,500
9 until December 31, 1988, $51,500 until June 30, 1994, and
10 $61,500 thereafter or as set by the Compensation Review
11 Board, whichever is greater. The State shall furnish
12 100% of the increases taking effect after December 31,
13 1988.
14 (2) In counties containing 20,000 or more
15 inhabitants but less than 30,000 inhabitants, and in
16 counties containing 30,000 or more inhabitants which
17 reached said population between 1970 and December 31,
18 1981, $51,500 until December 31, 1988, $56,000 until June
19 30, 1994, and $65,000 thereafter or as set by the
20 Compensation Review Board, whichever is greater. The
21 State shall furnish 100% of the increases taking effect
22 after December 31, 1988.
23 (c) In counties where a state mental health institution,
24 as hereinafter defined, is located, one assistant state's
25 attorney shall receive for his services, payable monthly from
26 the state treasury to the county in which he is appointed,
27 the following:
28 (1) To each assistant state's attorney in counties
29 containing less than 10,000 inhabitants, the sum of
30 $2,500 per annum;
31 (2) To each assistant state's attorney in counties
32 containing not less than 10,000 inhabitants and not more
33 than 20,000 inhabitants, the sum of $3,500 per annum;
34 (3) To each assistant state's attorney in counties
HB4374 Enrolled -32- LRB9111008EGfg
1 containing not less than 20,000 inhabitants and not more
2 than 30,000 inhabitants, the sum of $4,000 per annum;
3 (4) To each assistant state's attorney in counties
4 containing not less than 30,000 inhabitants and not more
5 than 40,000 inhabitants, the sum of $4,500 per annum;
6 (5) To each assistant state's attorney in counties
7 containing not less than 40,000 inhabitants and not more
8 than 70,000 inhabitants, the sum of $5,000 per annum;
9 (6) To each assistant state's attorney in counties
10 containing not less than 70,000 inhabitants and not more
11 than 1,000,000 inhabitants, the sum of $6,000 per annum.
12 (d) The population of all counties for the purpose of
13 fixing salaries as herein provided shall be based upon the
14 last Federal census immediately previous to the appointment
15 of an assistant state's attorney in each county.
16 (e) At the request of the county governing authority, in
17 counties where one or more state correctional institutions,
18 as hereinafter defined, are located, one or more assistant
19 state's attorneys shall receive for their services, provided
20 that such services are performed in connection with the state
21 correctional institution, payable monthly from the state
22 treasury to the county in which they are appointed, the
23 following:
24 (1) $22,000 for each assistant state's attorney in
25 counties with one or more State correctional institutions
26 with a total average daily inmate population in excess of
27 2,000, on the basis of 2 assistant state's attorneys when
28 the total average daily inmate population exceeds 2,000
29 but is less than 4,000; and 3 assistant state's attorneys
30 when such population exceeds 4,000; with reimbursement to
31 be based on actual services rendered.
32 (2) $15,000 per year for one assistant state's
33 attorney in counties having one or more correctional
34 institutions with a total average daily inmate population
HB4374 Enrolled -33- LRB9111008EGfg
1 of between 750 and 2,000 inmates, with reimbursement to
2 be based on actual services rendered.
3 (3) A maximum of $12,000 per year for one assistant
4 state's attorney in counties having less than 750
5 inmates, with reimbursement to be based on actual
6 services rendered.
7 Upon application of the county governing authority
8 and certification of the State's Attorney, the Director
9 of Corrections may, in his discretion and subject to
10 appropriation, increase the amount of salary
11 reimbursement to a county in the event special
12 circumstances require the county to incur extraordinary
13 salary expenditures as a result of services performed in
14 connection with State correctional institutions in that
15 county.
16 In determining whether or not to increase the amount of
17 salary reimbursement, the Director shall consider, among
18 other matters:
19 (1) the nature of the services rendered;
20 (2) the results or dispositions obtained;
21 (3) whether or not the county was required to
22 employ additional attorney personnel as a direct result
23 of the services actually rendered in connection with a
24 particular service to a State correctional institution.
25 (f) In counties where a State senior institution of
26 higher education is located, the assistant state's attorneys
27 specified by this Section shall receive for their services,
28 payable monthly from the State treasury to the county in
29 which appointed, the following:
30 (1) $14,000 per year each for employment on a full
31 time basis for 2 assistant state's attorneys in counties
32 having a State university or State universities with
33 combined full time enrollment of more than 15,000
34 students.
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1 (2) $7,200 per year for one assistant state's
2 attorney with no limitation on other practice in counties
3 having a State university or State universities with
4 combined full time enrollment of 10,000 to 15,000
5 students.
6 (3) $4,000 per year for one assistant state's
7 attorney with no limitation on other practice in counties
8 having a State university or State universities with
9 combined full time enrollment of less than 10,000
10 students.
11 Such salaries shall be paid to the state's attorney and
12 the assistant state's attorney in equal monthly installments
13 by such county out of the county treasury provided that the
14 State of Illinois shall reimburse each county monthly from
15 the state treasury the amount of such salary. This Section
16 shall not prevent the payment of such additional compensation
17 to the state's attorney or assistant state's attorney of any
18 county, out of the treasury of that county as may be provided
19 by law.
20 (g) For purposes of this Section, "State mental health
21 institution" means any institution under the jurisdiction of
22 the Department of Human Services that is listed in Section 4
23 of the Mental Health and Developmental Disabilities
24 Administrative Act.
25 For purposes of this Section, "State correctional
26 institution" means any facility of the Department of
27 Corrections including adult facilities, juvenile facilities,
28 pre-release centers, community correction centers, and work
29 camps.
30 For purposes of this Section, "State university" means
31 the University of Illinois, Southern Illinois University,
32 Chicago State University, Eastern Illinois University,
33 Governors State University, Illinois State University,
34 Northeastern Illinois University, Northern Illinois
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1 University, Western Illinois University, and any public
2 community college which has established a program of
3 interinstitutional cooperation with one of the foregoing
4 institutions whereby a student, after earning an associate
5 degree from the community college, pursues a course of study
6 at the community college campus leading to a baccalaureate
7 degree from the foregoing institution (also known as a "2
8 Plus 2" degree program).
9 (h) A number of assistant state's attorneys shall be
10 appointed in each county, that chooses to participate, as
11 provided in this subsection, for the prosecution of
12 alcohol-related traffic offenses. Each county shall receive
13 annually a subsidy for payment of the salaries and benefits
14 of these assistant state's attorneys from State funds
15 appropriated to the county for that purpose. The amounts of
16 subsidies provided by this subsection shall be adjusted for
17 inflation each July 1 using the Consumer Price Index of the
18 Bureau of Labor Statistics of the U.S. Department of Labor.
19 When a county chooses to participate in the subsidy
20 program described in this subsection (h), the number of
21 assistant state's attorneys who are prosecuting
22 alcohol-related traffic offenses must increase according to
23 the subsidy provided in this subsection. These appointed
24 assistant state's attorneys shall be in addition to any other
25 assistant state's attorneys assigned to those cases on the
26 effective date of this amendatory Act of the 91st General
27 Assembly, and may not replace those assistant state's
28 attorneys. In counties where the state's attorney is the
29 sole prosecutor, this subsidy shall be used to provide an
30 assistant state's attorney to prosecute alcohol-related
31 traffic offenses along with the state's attorney. In
32 counties where the state's attorney is the sole prosecutor,
33 and in counties where a judge presides over cases involving a
34 variety of misdemeanors, including alcohol-related traffic
HB4374 Enrolled -36- LRB9111008EGfg
1 matters, assistant state's attorneys appointed and subsidized
2 by this subsection (h) may also prosecute the different
3 misdemeanor cases at the direction of the state's attorney.
4 Assistant state's attorneys shall be appointed under this
5 subsection in the following number and counties shall receive
6 the following annual subsidies:
7 (1) In counties with fewer than 30,000 inhabitants,
8 one at $35,000.
9 (2) In counties with 30,000 or more but fewer than
10 100,000 inhabitants, one at $45,000.
11 (3) In counties with 100,000 or more but fewer than
12 300,000 inhabitants, 2 at $45,000 each.
13 (4) In counties, other than Cook County, with
14 300,000 or more inhabitants, 4 at $50,000 each.
15 If in any year the amount appropriated for the purposes
16 of this subsection (h) is insufficient to pay all of the
17 subsidies specified in this subsection, the amount
18 appropriated shall be prorated among the counties choosing to
19 participate.
20 (Source: P.A. 90-14, eff. 7-1-97; 90-375, eff. 8-14-97;
21 91-273, eff. 1-1-00; 91-440, eff. 8-6-99; revised 10-19-99.)
22 (55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
23 Sec. 4-3001. State's attorney; assistants.
24 (a) The State's Attorney of Cook County shall be paid an
25 annual salary of $75,000 until December 31, 1988, $90,000
26 until November 30, 1990, $100,000 until June 30, 1994, and
27 $112,124 thereafter or as set by the Compensation Review
28 Board, whichever is greater.
29 Such sums shall be in full payment for all services
30 rendered by him. The State shall furnish from the State
31 treasury 66 2/3% of such salary in effect on December 31,
32 1988, 100% of the increases in salary taking effect after
33 December 31, 1988, and Cook County shall furnish 33 1/3% of
HB4374 Enrolled -37- LRB9111008EGfg
1 such salary in effect on December 31, 1988. The State's
2 Attorney of Cook County may not engage in the private
3 practice of law.
4 (b) If Cook County chooses to participate in the subsidy
5 program described in this subsection (b), 24 assistant
6 state's attorneys shall be appointed for the prosecution of
7 alcohol-related traffic offenses. Cook County shall annually
8 receive a subsidy for the payment of the salaries and
9 benefits of these assistant state's attorneys from State
10 funds appropriated to Cook County for that purpose. The
11 amount of the subsidy shall equal $50,000 per assistant
12 state's attorney appointed under this subsection, adjusted
13 for inflation each July 1 using the Consumer Price Index of
14 the Bureau of Labor Statistics of the U.S. Department of
15 Labor. If in any year the amount appropriated for the
16 purposes of this subsection (b) is insufficient, the annual
17 subsidy shall be reduced accordingly.
18 When and if Cook County chooses to participate in the
19 subsidy program described in this subsection (b), the number
20 of assistant state's attorneys who are prosecuting
21 alcohol-related traffic offenses must increase by 24. These
22 appointed assistant state's attorneys shall be in addition to
23 any other assistant state's attorneys assigned to those cases
24 on the effective date of this amendatory Act of the 91st
25 General Assembly, and may not replace those assistant state's
26 attorneys. Cook County assistant state's attorneys appointed
27 and subsidized by this subsection (b) may also prosecute
28 other types of misdemeanor cases at the direction of the Cook
29 County State's Attorney.
30 (Source: P.A. 90-375, eff. 8-14-97; 91-273, eff. 1-1-00.)
31 Section 10-30. The Weights and Measures Act is amended
32 by changing Section 40 as follows:
HB4374 Enrolled -38- LRB9111008EGfg
1 (225 ILCS 470/40) (from Ch. 147, par. 140)
2 Sec. 40. Inspection fee; Weights and Measures Fund.
3 Except as otherwise provided in Section 43, the Director and
4 each sealer shall collect and receive from the user of
5 weights and measures a commercial weighing or measuring
6 device inspection fee. For the use of its Metrology
7 Laboratory, the testings of weights and measures and such
8 other inspection and services performed, the Department shall
9 set a fee, the amount of which shall be according to a
10 Schedule of Weights and Measures Inspection Fees established
11 and published by the Director. The fees so collected and
12 received by the State shall be deposited into a special fund
13 to be known as the Weights and Measures Fund. All weights
14 and measures inspection fees, metrology fees, weights and
15 measures registrations, and weights and measures penalties
16 collected by the Department under this Act shall be deposited
17 into the Weights and Measures Fund. The amount annually
18 collected shall be used by the Department for activities
19 related to the enforcement of this Act and the Motor Fuel and
20 Petroleum Standards Act, and for the State's share of the
21 costs of the Field Automation Information Management project.
22 No person shall be required to pay more than 2 inspection
23 fees for any one weighing or measuring device in any one year
24 when found to be accurate. When an inspection is made upon a
25 weighing or measuring device because of a complaint by a
26 person other than the owner of such weighing or measuring
27 device, and the device is found accurate as set forth in
28 Section 8 of this Act, then the inspection fee shall be paid
29 by the complainant.
30 (Source: P.A. 88-600, eff. 9-1-94.)
31 Section 10-35. The Response Action Contractor
32 Indemnification Act is amended by changing Section 5 as
33 follows:
HB4374 Enrolled -39- LRB9111008EGfg
1 (415 ILCS 100/5) (from Ch. 111 1/2, par. 7205)
2 Sec. 5. Response Contractors Indemnification Fund.
3 (a) There is hereby created the Response Contractors
4 Indemnification Fund. The State Treasurer, ex officio, shall
5 be custodian of the Fund, and the Comptroller shall direct
6 payments from the Fund upon vouchers properly certified by
7 the Attorney General in accordance with Section 4. The
8 Treasurer shall credit interest on the Fund to the Fund.
9 (b) Every State response action contract shall provide
10 that 5% of each payment to be made by the State under the
11 contract shall be paid by the State directly into the
12 Response Contractors Indemnification Fund rather than to the
13 contractor, except that when there is more than $4,000,000 in
14 the Fund at the beginning of a State fiscal year, State
15 response action contracts during that fiscal year need not
16 provide that 5% of each payment made under the contract be
17 paid into the Fund. When only a portion of a contract
18 relates to a remedial or response action, or to the
19 identification, handling, storage, treatment or disposal of a
20 pollutant, the contract shall provide that only that portion
21 is subject to this subsection.
22 (c) Within 30 days after the effective date of this
23 amendatory Act of 1997, the Comptroller shall order
24 transferred and the Treasurer shall transfer $1,200,000 from
25 the Response Contractors Indemnification Fund to the
26 Brownfields Redevelopment Fund. The Comptroller shall order
27 transferred and the Treasurer shall transfer $1,200,000 from
28 the Response Contractors Indemnification Fund to the
29 Brownfields Redevelopment Fund on the first day of fiscal
30 years 1999, 2000, 2001, and 2002.
31 (d) Within 30 days after the effective date of this
32 amendatory Act of the 91st General Assembly, the Comptroller
33 shall order transferred and the Treasurer shall transfer
34 $2,000,000 from the Response Contractors Indemnification Fund
HB4374 Enrolled -40- LRB9111008EGfg
1 to the Asbestos Abatement Fund.
2 (Source: P.A. 89-254, eff. 8-8-95; 90-123, eff. 7-21-97.)
3 Section 10-40. The Unemployment Insurance Act is amended
4 by changing Section 2103 as follows:
5 (820 ILCS 405/2103) (from Ch. 48, par. 663)
6 Sec. 2103. Unemployment compensation administration and
7 other workforce development costs cost. All moneys received
8 by the State or by the Director from any source for the
9 financing of the cost of administration of this Act,
10 including all federal moneys allotted or apportioned to the
11 State or to the Director for that purpose, including moneys
12 received directly or indirectly from the federal government
13 under the Job Training Partnership Act, and including moneys
14 received from the Railroad Retirement Board as compensation
15 for services or facilities supplied to said Board, or any
16 moneys made available by this State or its political
17 subdivisions and matched by moneys granted to this State
18 pursuant to the provisions of the Wagner-Peyser Act, shall be
19 received and held by the State Treasurer as ex-officio
20 custodian thereof, separate and apart from all other State
21 moneys, in the Title III Social Security and Employment Fund,
22 and such funds shall be distributed or expended upon the
23 direction of the Director and, except money received pursuant
24 to the last paragraph of Section 2100B, shall be distributed
25 or expended solely for the purposes and in the amounts found
26 necessary by the Secretary of Labor of the United States of
27 America, or other appropriate federal agency, for the proper
28 and efficient administration of this Act. Notwithstanding
29 any provision of this Section, all money requisitioned and
30 deposited with the State Treasurer pursuant to the last
31 paragraph of Section 2100B shall remain part of the
32 unemployment trust fund and shall be used only in accordance
HB4374 Enrolled -41- LRB9111008EGfg
1 with the conditions specified in the last paragraph of
2 Section 2100B.
3 If any moneys received from the Secretary of Labor, or
4 other appropriate federal agency, under Title III of the
5 Social Security Act, or any moneys granted to this State
6 pursuant to the provisions of the Wagner-Peyser Act, or any
7 moneys made available by this State or its political
8 subdivisions and matched by moneys granted to this State
9 pursuant to the provisions of the Wagner-Peyser Act, are
10 found by the Secretary of Labor, or other appropriate Federal
11 agency, because of any action or contingency, to have been
12 lost or expended for purposes other than, or in amounts in
13 excess of, those found necessary, by the Secretary of Labor,
14 or other appropriate Federal agency, for the proper
15 administration of this Act, it is the policy of this State
16 that such moneys shall be replaced by moneys appropriated for
17 such purpose from the general funds of this State for
18 expenditure as provided in the first paragraph of this
19 Section. The Director shall report to the Bureau of the
20 Budget, in the same manner as is provided generally for the
21 submission by State Departments of financial requirements for
22 the ensuing fiscal year, and the Governor shall include in
23 his budget report to the next regular session of the General
24 Assembly, the amount required for such replacement.
25 Moneys in the Title III Social Security and Employment
26 this Fund shall not be commingled with other State funds, but
27 they shall be deposited as required by law and maintained in
28 a separate account on the books of a savings and loan
29 association or bank.
30 The State Treasurer shall be liable on his general
31 official bond for the faithful performance of his duties as
32 custodian of all such moneys in the Title III Social Security
33 and Employment Fund as may come into his hands by virtue of
34 this Section. Such liability on his official bond shall
HB4374 Enrolled -42- LRB9111008EGfg
1 exist in addition to the liability upon any separate bond
2 given by him. All sums recovered for losses sustained by the
3 fund herein described shall be deposited therein.
4 Upon the effective date of this amendatory Act of 1987
5 (January 1, 1988), the Comptroller shall transfer all
6 unobligated funds from the Job Training Fund into the Title
7 III Social Security and Employment Fund.
8 On September 1, 2000, or as soon thereafter as may be
9 reasonably practicable, the State Comptroller shall transfer
10 all unobligated moneys from the Job Training Partnership Fund
11 into the Title III Social Security and Employment Fund. The
12 moneys transferred pursuant to this amendatory Act may be
13 used or expended for purposes consistent with the conditions
14 under which those moneys were received by the State.
15 Beginning on the effective date of this amendatory Act of
16 the 91st General Assembly, all moneys that would otherwise be
17 deposited into the Job Training Partnership Fund shall
18 instead be deposited into the Title III Social Security and
19 Employment Fund, to be used for purposes consistent with the
20 conditions under which those moneys are received by the
21 State, except that any moneys that may be necessary to pay
22 liabilities outstanding as of June 30, 2000 shall be
23 deposited into the Job Training Partnership Fund.
24 (Source: P.A. 85-956.)
25 ARTICLE 99. EFFECTIVE DATE
26 Section 99-1. Effective date. This Act takes effect July
27 1, 2000, except that this Section and the changes to Section
28 8g of the State Finance Act take effect upon becoming law.
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