SB2206ham002 93RD GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 7/24/2004

09300SB2206ham002 LRB093 15832 LRD 52998 a

AMENDMENT TO SENATE BILL 2206

AMENDMENT NO. ______. Amend Senate Bill 2206, AS AMENDED, by replacing everything after the enacting clause with the following:

"ARTICLE I

6		Section 1-1. Short title. This Act may be cited as the
7		FY2005 Budget Implementation (Finance) Act.

8		Section 1-5. Purpose. It is the purpose of this Act to make
9		changes in State programs that are necessary to implement the
10		Governor's FY2005 budget recommendations concerning finance.

ARTICLE 5

12		Section 5-1. Short title. This Act may be cited as the
13		State Facilities Closure Act. All references in this Article to
14		"this Act" mean this Article.

15		Section 5-5. Definitions. In this Act:
16		"Commission" means the Illinois Economic and Fiscal
17		Commission.
18		"State facility" means any facility (i) that is owned and
19		operated by the State or leased and operated by the State and
20		(ii) that is the primary stationary work location for 25 or

1		more State employees. "State facility" does not include any
2		facility under the jurisdiction of the legislative branch,
3		including the Auditor General, or the judicial branch.

4		Section 5-10. Facility closure process.
5		(a) Before a State facility may be closed, the State
6		executive branch officer with jurisdiction over the facility
7		shall file notice of the proposed closure with the Commission.
8		The notice must be filed within 2 days after the first public
9		announcement of any planned or proposed closure. Within 10 days
10		after it receives notice of the proposed closure, the
11		Commission, in its discretion, may require the State executive
12		branch officer with jurisdiction over the facility to file a
13		recommendation for the closure of the facility with the
14		Commission. The recommendation must be filed within 30 days
15		after the Commission delivers the request for recommendation to
16		the State executive branch officer. The recommendation must
17		include, but is not limited to, the following:
18		(1) the location and identity of the State facility
19		proposed to be closed;
20		(2) the number of employees for which the State
21		facility is the primary stationary work location and the
22		effect of the closure of the facility on those employees;
23		(3) the location or locations to which the functions
24		and employees of the State facility would be moved;
25		(4) the availability and condition of land and
26		facilities at both the existing location and any potential
27		locations;
28		(5) the ability to accommodate the functions and
29		employees at the existing and at any potential locations;
30		(6) the cost of operations of the State facility and at
31		any potential locations and any other related budgetary
32		impacts;
33		(7) the economic impact on existing communities in the

1		vicinity of the State facility and any potential facility;
2		(8) the ability of the existing and any potential
3		community's infrastructure to support the functions and
4		employees;
5		(9) the impact on State services delivered at the
6		existing location, in direct relation to the State services
7		expected to be delivered at any potential locations; and
8		(10) the environmental impact, including the impact of
9		costs related to potential environmental restoration,
10		waste management, and environmental compliance activities.
11		(b) If a recommendation is required by the Commission, a
12		30-day public comment period must follow the filing of the
13		recommendation. The Commission, in its discretion, may conduct
14		one or more public hearings on the recommendation. Public
15		hearings conducted by the Commission shall be conducted no
16		later than 35 days after the filing of the recommendation. At
17		least one of the public hearings on the recommendation shall be
18		held at a convenient location within 25 miles of the facility
19		for which closure is recommended. The Commission shall provide
20		reasonable notice of the comment period and of any public
21		hearings to the public and to units of local government and
22		school districts that are located within 25 miles of the
23		facility.
24		(c) Within 50 days after the State executive branch officer
25		files the required recommendation, the Commission shall issue
26		an advisory opinion on that recommendation. The Commission
27		shall file the advisory opinion with the appropriate State
28		executive branch officer, the Governor, the General Assembly,
29		and the Index Department of the Office of the Secretary of
30		State and shall make copies of the advisory opinion available
31		to the public upon request.
32		(d) No action may be taken to implement the recommendation
33		for closure of a State facility until 50 days after the filing
34		of any required recommendation.

1		(e) The requirements of this Section do not apply if all of
2		the functions and employees of a State facility are relocated
3		to another State facility that is within 10 miles of the closed
4		facility.

ARTICLE 10

6		Section 10-50. The Intergovernmental Cooperation Act is
7		amended by adding Section 4.5 as follows:
8		(5 ILCS 220/4.5 new)
9		Sec. 4.5. Prohibited agreements and contracts. No
10		intergovernmental or interagency agreement or contract may be
11		entered into, implemented, or given effect if the agreement's
12		or contract's intent or effect is (i) to circumvent any
13		limitation established by law on State appropriation or State
14		expenditure authority with respect to health care and employee
15		benefits contracts or (ii) to expend State moneys in a manner
16		inconsistent with the purpose for which they were appropriated
17		with respect to health care and employee benefits contracts.

18		Section 10-52. The Illinois Public Labor Relations Act is
19		amended by changing Section 15 as follows:
20		(5 ILCS 315/15) (from Ch. 48, par. 1615)
21		Sec. 15. Act Takes Precedence. (a) In case of any conflict
22		between the provisions of this Act and any other law (other
23		than Section 5 of the State Employees Group Insurance Act of
24		1971), executive order or administrative regulation relating
25		to wages, hours and conditions of employment and employment
26		relations, the provisions of this Act or any collective
27		bargaining agreement negotiated thereunder shall prevail and
28		control. Nothing in this Act shall be construed to replace or
29		diminish the rights of employees established by Sections 28 and

1		28a of the Metropolitan Transit Authority Act, Sections 2.15
2		through 2.19 of the Regional Transportation Authority Act. The
3		provisions of this Act are subject to Section 5 of the State
4		Employees Group Insurance Act of 1971.
5		(b) Except as provided in subsection (a) above, any
6		collective bargaining contract between a public employer and a
7		labor organization executed pursuant to this Act shall
8		supersede any contrary statutes, charters, ordinances, rules
9		or regulations relating to wages, hours and conditions of
10		employment and employment relations adopted by the public
11		employer or its agents. Any collective bargaining agreement
12		entered into prior to the effective date of this Act shall
13		remain in full force during its duration.
14		(c) It is the public policy of this State, pursuant to
15		paragraphs (h) and (i) of Section 6 of Article VII of the
16		Illinois Constitution, that the provisions of this Act are the
17		exclusive exercise by the State of powers and functions which
18		might otherwise be exercised by home rule units. Such powers
19		and functions may not be exercised concurrently, either
20		directly or indirectly, by any unit of local government,
21		including any home rule unit, except as otherwise authorized by
22		this Act.
23		(Source: P.A. 83-1012.)

24		Section 10-55. The State Employees Group Insurance Act of
25		1971 is amended by changing Section 5 as follows:
26		(5 ILCS 375/5) (from Ch. 127, par. 525)
27		Sec. 5. Employee benefits; declaration of State policy.
28		The General Assembly declares that it is the policy of the
29		State and in the best interest of the State to assure quality
30		benefits to members and their dependents under this Act. The
31		implementation of this policy depends upon, among other things,
32		stability and continuity of coverage, care, and services under

1		benefit programs for members and their dependents.
2		Specifically, but without limitation, members should have
3		continued access, on substantially similar terms and
4		conditions, to trusted family health care providers with whom
5		they have developed long-term relationships through a benefit
6		program under this Act. Therefore, the Director must administer
7		this Act consistent with that State policy, but may consider
8		affordability, cost of coverage and care, and competition among
9		health insurers and providers. All contracts for provision of
10		employee benefits, including those portions of any proposed
11		collective bargaining agreement that would require
12		implementation through contracts entered into under this Act,
13		are subject to the following requirements:
14		(i) By April 1 of each year, the Director must report
15		and provide information to the Commission concerning the
16		status of the employee benefits program to be offered for
17		the next fiscal year. Information includes, but is not
18		limited to, documents, reports of negotiations, bid
19		invitations, requests for proposals, specifications,
20		copies of proposed and final contracts or agreements, and
21		any other materials concerning contracts or agreements for
22		the employee benefits program. By the first of each month
23		thereafter, the Director must provide updated, and any new,
24		information to the Commission until the employee benefits
25		program for the next fiscal year is determined. In addition
26		to these monthly reporting requirements, at any time the
27		Commission makes a written request, the Director must
28		promptly, but in no event later than 5 business days after
29		receipt of the request, provide to the Commission any
30		additional requested information in the possession of the
31		Director concerning employee benefits programs. The
32		Commission may waive any of the reporting requirements of
33		this item (i) upon the written request by the Director. Any
34		waiver granted under this item (i) must be in writing.

1		Nothing in this item is intended to abrogate any
2		attorney-client privilege.
3		(ii) Within 30 days after notice of the awarding or
4		letting of a contract has appeared in the Illinois
5		Procurement Bulletin in accordance with subsection (b) of
6		Section 15-25 of the Illinois Procurement Code, the
7		Commission may request in writing from the Director and the
8		Director shall promptly, but in no event later than 5
9		business days after receipt of the request, provide to the
10		Commission information in the possession of the Director
11		concerning the proposed contract. Nothing in this item is
12		intended to waive or abrogate any privilege or right of
13		confidentiality authorized by law.
14		(iii) No contract subject to this Section may be
15		entered into until the 30-day period described in item (ii)
16		has expired, unless the Director requests in writing that
17		the Commission waive the period and the Commission grants
18		the waiver in writing.
19		(iv) If the Director seeks to make any substantive
20		modification to any provision of a proposed contract after
21		it is submitted to the Commission in accordance with item
22		(ii), the modified contract shall be subject to the
23		requirements of items (ii) and (iii) unless the Commission
24		agrees, in writing, to a waiver of those requirements with
25		respect to the modified contract.
26		(v) By the date of the beginning of the annual benefit
27		choice period, the Director must transmit to the Commission
28		a copy of each final contract or agreement for the employee
29		benefits program to be offered for the next fiscal year.
30		The annual benefit choice period for an employee benefits
31		program must begin on May 1 of the fiscal year preceding
32		the year for which the program is to be offered. If,
33		however, in any such preceding fiscal year collective
34		bargaining over employee benefit programs for the next

1		fiscal year remains pending on April 15, the beginning date
2		of the annual benefit choice period shall be not later than
3		15 days after ratification of the collective bargaining
4		agreement.
5		(vi) The Director must provide the reports,
6		information, and contracts required under items (i), (ii),
7		(iv), and (v) by electronic or other means satisfactory to
8		the Commission. Reports, information, and contracts in the
9		possession of the Commission pursuant to items (i), (ii),
10		(iv), and (v) are exempt from disclosure by the Commission
11		and its members and employees under the Freedom of
12		Information Act. Reports, information, and contracts
13		received by the Commission pursuant to items (i), (ii),
14		(iv), and (v) must be kept confidential by and may not be
15		disclosed or used by the Commission or its members or
16		employees if such disclosure or use could compromise the
17		fairness or integrity of the procurement, bidding, or
18		contract process. Commission meetings, or portions of
19		Commission meetings, in which reports, information, and
20		contracts received by the Commission pursuant to items (i),
21		(ii), (iv), and (v) are discussed must be closed if
22		disclosure or use of the report or information could
23		compromise the fairness or integrity of the procurement,
24		bidding, or contract process.
25		All contracts entered into under this Section are subject
26		to appropriation and shall comply with Section 20-60(b) of the
27		Illinois Procurement Code (30 ILCS 500/20-60(b)).
28		The Director shall contract or otherwise make available
29		group life insurance, health benefits and other employee
30		benefits to eligible members and, where elected, their eligible
31		dependents. Any contract or, if applicable, contracts or other
32		arrangement for provision of benefits shall be on terms
33		consistent with State policy and deemed by the Director to be
34		in the best interest of the State of Illinois and its members

1		based on, but not limited to, such criteria as administrative
2		cost, service capabilities of the carrier or other contractor
3		and premiums, fees or charges as related to benefits.
4		The Director may prepare and issue specifications for group
5		life insurance, health benefits, other employee benefits and
6		administrative services for the purpose of receiving proposals
7		from interested parties.
8		The Director is authorized to execute a contract, or
9		contracts, for the programs of group life insurance, health
10		benefits, other employee benefits and administrative services
11		authorized by this Act (including, without limitation,
12		prescription drug benefits). All of the benefits provided under
13		this Act may be included in one or more contracts, or the
14		benefits may be classified into different types with each type
15		included under one or more similar contracts with the same or
16		different companies.
17		The term of any contract may not extend beyond 5 fiscal
18		years. Upon recommendation of the Commission, the Director may
19		exercise renewal options of the same contract for up to a
20		period of 5 years. Any increases in premiums, fees or charges
21		requested by a contractor whose contract may be renewed
22		pursuant to a renewal option contained therein, must be
23		justified on the basis of (1) audited experience data, (2)
24		increases in the costs of health care services provided under
25		the contract, (3) contractor performance, (4) increases in
26		contractor responsibilities, or (5) any combination thereof.
27		Any contractor shall agree to abide by all requirements of
28		this Act and Rules and Regulations promulgated and adopted
29		thereto; to submit such information and data as may from time
30		to time be deemed necessary by the Director for effective
31		administration of the provisions of this Act and the programs
32		established hereunder, and to fully cooperate in any audit.
33		(Source: P.A. 91-390, eff. 7-30-99.)

1		Section 10-58. The Aquaculture Development Act is amended
2		by changing Section 5.5 as follows:
3		(20 ILCS 215/5.5)
4		(Section scheduled to be repealed on June 30, 2009)
5		Sec. 5.5. Aquaculture Cooperative.
6		(a) The Department of Agriculture shall make grants to an
7		Aquaculture Cooperative from the Illinois Aquaculture
8		Development Fund, a special fund created in the State Treasury.
9		On July 1, 1999 and on each July 1 thereafter through July 1,
10		2008, the Comptroller shall order transferred and the Treasurer
11		shall transfer $1,000,000 from the General Revenue Fund into
12		the Illinois Aquaculture Development Fund. The Aquaculture
13		Cooperative shall consist of any individual or entity of the
14		aquaculture industry in this State that seeks membership
15		pursuant to the Agricultural Co-Operative Act. The grants for
16		the Cooperative shall be distributed from the Illinois
17		Aquaculture Development Fund as provided by rule. At the
18		beginning of each fiscal period, the Cooperative shall prepare
19		a budget plan for the next fiscal period, including the
20		probable cost of all programs, projects, and contracts. The
21		Cooperative shall submit the proposed budget to the Director
22		for review and comment. The Director may recommend programs and
23		activities considered appropriate for the Cooperative. The
24		Cooperative shall keep minutes, books, and records that clearly
25		reflect all of the acts and transactions of the Cooperative and
26		shall make this information public. The financial books and
27		records of the Cooperative shall be audited by a certified
28		public accountant at least once each fiscal year and at other
29		times as designated by the Director. The expense of the audit
30		shall be the responsibility of the Cooperative. Copies of the
31		audit shall be provided to all members of the Cooperative, to
32		the Department, and to other requesting members of the
33		aquaculture industry.

1		(b) The grants to an Aquaculture Cooperative and the
2		proceeds generated by the Cooperative may be used for the
3		following purposes:
4		(1) To buy aquatic organisms from members of the
5		Cooperative.
6		(2) To buy aquatic organism food in bulk quantities for
7		resale to the members of the Cooperative.
8		(3) For transportation, hauling, and delivery
9		equipment.
10		(4) For employee salaries, building leases, and other
11		administrative costs.
12		(5) To purchase equipment for use by the Cooperative
13		members.
14		(6) Any other related costs.
15		(c) The Illinois Aquaculture Development Fund is abolished
16		on August 31, 2004. Any balance remaining in the Fund on that
17		date shall be transferred to the General Revenue Fund. The
18		Department shall submit a report to the General Assembly before
19		January 1, 2009 with a determination of whether the funding for
20		the Aquaculture Cooperative should be extended beyond June 30,
21		2009. If the Department recommends an extension of the funding
22		for the Cooperative, then the report shall detail whether the
23		Cooperative funding should be increased, decreased, or
24		eliminated. The report shall be submitted according to Section
25		5-140 of the Illinois Administrative Procedure Act.
26		(d) This Section is repealed on June 30, 2009.
27		(Source: P.A. 91-530, eff. 8-13-99.)

28		Section 10-60. The Department of Central Management
29		Services Law of the Civil Administrative Code of Illinois is
30		amended by changing Sections 405-105, 405-315, and 405-410 and
31		by adding Sections 405-293, 405-411, and 405-415 as follows:
32		(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)

1		Sec. 405-105. Fidelity, surety, property, and casualty
2		insurance. The Department shall establish and implement a
3		program to coordinate the handling of all fidelity, surety,
4		property, and casualty insurance exposures of the State and the
5		departments, divisions, agencies, branches, and universities
6		of the State. In performing this responsibility, the Department
7		shall have the power and duty to do the following:
8		(1) Develop and maintain loss and exposure data on all
9		State property.
10		(2) Study the feasibility of establishing a self-insurance
11		plan for State property and prepare estimates of the costs of
12		reinsurance for risks beyond the realistic limits of the
13		self-insurance.
14		(3) Prepare a plan for centralizing the purchase of
15		property and casualty insurance on State property under a
16		master policy or policies and purchase the insurance contracted
17		for as provided in the Illinois Purchasing Act.
18		(4) Evaluate existing provisions for fidelity bonds
19		required of State employees and recommend changes that are
20		appropriate commensurate with risk experience and the
21		determinations respecting self-insurance or reinsurance so as
22		to permit reduction of costs without loss of coverage.
23		(5) Investigate procedures for inclusion of school
24		districts, public community college districts, and other units
25		of local government in programs for the centralized purchase of
26		insurance.
27		(6) Implement recommendations of the State Property
28		Insurance Study Commission that the Department finds necessary
29		or desirable in the performance of its powers and duties under
30		this Section to achieve efficient and comprehensive risk
31		management.
32		(7) Prepare and, in the discretion of the Director,
33		implement a plan providing for the purchase of public liability
34		insurance or for self-insurance for public liability or for a

1		combination of purchased insurance and self-insurance for
2		public liability (i) covering the State and drivers of motor
3		vehicles owned, leased, or controlled by the State of Illinois
4		pursuant to the provisions and limitations contained in the
5		Illinois Vehicle Code, (ii) covering other public liability
6		exposures of the State and its employees within the scope of
7		their employment, and (iii) covering drivers of motor vehicles
8		not owned, leased, or controlled by the State but used by a
9		State employee on State business, in excess of liability
10		covered by an insurance policy obtained by the owner of the
11		motor vehicle or in excess of the dollar amounts that the
12		Department shall determine to be reasonable. Any contract of
13		insurance let under this Law shall be by bid in accordance with
14		the procedure set forth in the Illinois Purchasing Act. Any
15		provisions for self-insurance shall conform to subdivision
16		(11).
17		The term "employee" as used in this subdivision (7) and in
18		subdivision (11) means a person while in the employ of the
19		State who is a member of the staff or personnel of a State
20		agency, bureau, board, commission, committee, department,
21		university, or college or who is a State officer, elected
22		official, commissioner, member of or ex officio member of a
23		State agency, bureau, board, commission, committee,
24		department, university, or college, or a member of the National
25		Guard while on active duty pursuant to orders of the Governor
26		of the State of Illinois, or any other person while using a
27		licensed motor vehicle owned, leased, or controlled by the
28		State of Illinois with the authorization of the State of
29		Illinois, provided the actual use of the motor vehicle is
30		within the scope of that authorization and within the course of
31		State service.
32		Subsequent to payment of a claim on behalf of an employee
33		pursuant to this Section and after reasonable advance written
34		notice to the employee, the Director may exclude the employee

1		from future coverage or limit the coverage under the plan if
2		(i) the Director determines that the claim resulted from an
3		incident in which the employee was grossly negligent or had
4		engaged in willful and wanton misconduct or (ii) the Director
5		determines that the employee is no longer an acceptable risk
6		based on a review of prior accidents in which the employee was
7		at fault and for which payments were made pursuant to this
8		Section.
9		The Director is authorized to promulgate administrative
10		rules that may be necessary to establish and administer the
11		plan.
12		Appropriations from the Road Fund shall be used to pay auto
13		liability claims and related expenses involving employees of
14		the Department of Transportation, the Illinois State Police,
15		and the Secretary of State.
16		(8) Charge, collect, and receive from all other agencies of
17		the State government fees or monies equivalent to the cost of
18		purchasing the insurance.
19		(9) Establish, through the Director, charges for risk
20		management services rendered to State agencies by the
21		Department. The State agencies so charged shall reimburse the
22		Department by vouchers drawn against their respective
23		appropriations. The reimbursement shall be determined by the
24		Director as amounts sufficient to reimburse the Department for
25		expenditures incurred in rendering the service.
26		The Department shall charge the employing State agency or
27		university for workers' compensation payments for temporary
28		total disability paid to any employee after the employee has
29		received temporary total disability payments for 120 days if
30		the employee's treating physician has issued a release to
31		return to work with restrictions and the employee is able to
32		perform modified duty work but the employing State agency or
33		university does not return the employee to work at modified
34		duty. Modified duty shall be duties assigned that may or may

1		not be delineated as part of the duties regularly performed by
2		the employee. Modified duties shall be assigned within the
3		prescribed restrictions established by the treating physician
4		and the physician who performed the independent medical
5		examination. The amount of all reimbursements shall be
6		deposited into the Workers' Compensation Revolving Fund which
7		is hereby created as a revolving special fund in the State
8		treasury. In addition to any other purpose authorized by law,
9		moneys Moneys in the Fund shall be used, subject to
10		appropriation, to pay these or other temporary total disability
11		claims of employees of State agencies and universities.
12		Beginning with fiscal year 1996, all amounts recovered by
13		the Department through subrogation in workers' compensation
14		and workers' occupational disease cases shall be deposited into
15		the Workers' Compensation Revolving Fund created under this
16		subdivision (9).
17		(10) Establish rules, procedures, and forms to be used by
18		State agencies in the administration and payment of workers'
19		compensation claims. The Department shall initially evaluate
20		and determine the compensability of any injury that is the
21		subject of a workers' compensation claim and provide for the
22		administration and payment of such a claim for all State
23		agencies. The Director may delegate to any agency with the
24		agreement of the agency head the responsibility for evaluation,
25		administration, and payment of that agency's claims.
26		(11) Any plan for public liability self-insurance
27		implemented under this Section shall provide that (i) the
28		Department shall attempt to settle and may settle any public
29		liability claim filed against the State of Illinois or any
30		public liability claim filed against a State employee on the
31		basis of an occurrence in the course of the employee's State
32		employment; (ii) any settlement of such a claim must be
33		approved by the Director and, in cases of settlements exceeding
34		$100,000, by the Governor; and (iii) a settlement of any public

1		liability claim against the State or a State employee shall
2		require an unqualified release of any right of action against
3		the State and the employee for acts within the scope of the
4		employee's employment giving rise to the claim.
5		Whenever and to the extent that a State employee operates a
6		motor vehicle or engages in other activity covered by
7		self-insurance under this Section, the State of Illinois shall
8		defend, indemnify, and hold harmless the employee against any
9		claim in tort filed against the employee for acts or omissions
10		within the scope of the employee's employment in any proper
11		judicial forum and not settled pursuant to this subdivision
12		(11), provided that this obligation of the State of Illinois
13		shall not exceed a maximum liability of $2,000,000 for any
14		single occurrence in connection with the operation of a motor
15		vehicle or $100,000 per person per occurrence for any other
16		single occurrence, or $500,000 for any single occurrence in
17		connection with the provision of medical care by a licensed
18		physician employee.
19		Any claims against the State of Illinois under a
20		self-insurance plan that are not settled pursuant to this
21		subdivision (11) shall be heard and determined by the Court of
22		Claims and may not be filed or adjudicated in any other forum.
23		The Attorney General of the State of Illinois or the Attorney
24		General's designee shall be the attorney with respect to all
25		public liability self-insurance claims that are not settled
26		pursuant to this subdivision (11) and therefore result in
27		litigation. The payment of any award of the Court of Claims
28		entered against the State relating to any public liability
29		self-insurance claim shall act as a release against any State
30		employee involved in the occurrence.
31		(12) Administer a plan the purpose of which is to make
32		payments on final settlements or final judgments in accordance
33		with the State Employee Indemnification Act. The plan shall be
34		funded through appropriations from the General Revenue Fund

1		specifically designated for that purpose, except that
2		indemnification expenses for employees of the Department of
3		Transportation, the Illinois State Police, and the Secretary of
4		State shall be paid from the Road Fund. The term "employee" as
5		used in this subdivision (12) has the same meaning as under
6		subsection (b) of Section 1 of the State Employee
7		Indemnification Act. Subject to sufficient appropriation, the
8		Director shall approve payment of any claim presented to the
9		Director that is supported by a final settlement or final
10		judgment when the Attorney General and the chief officer of the
11		public body against whose employee the claim or cause of action
12		is asserted certify to the Director that the claim is in
13		accordance with the State Employee Indemnification Act and that
14		they approve of the payment. In no event shall an amount in
15		excess of $150,000 be paid from this plan to or for the benefit
16		of any claimant.
17		(13) Administer a plan the purpose of which is to make
18		payments on final settlements or final judgments for employee
19		wage claims in situations where there was an appropriation
20		relevant to the wage claim, the fiscal year and lapse period
21		have expired, and sufficient funds were available to pay the
22		claim. The plan shall be funded through appropriations from the
23		General Revenue Fund specifically designated for that purpose.
24		Subject to sufficient appropriation, the Director is
25		authorized to pay any wage claim presented to the Director that
26		is supported by a final settlement or final judgment when the
27		chief officer of the State agency employing the claimant
28		certifies to the Director that the claim is a valid wage claim
29		and that the fiscal year and lapse period have expired. Payment
30		for claims that are properly submitted and certified as valid
31		by the Director shall include interest accrued at the rate of
32		7% per annum from the forty-fifth day after the claims are
33		received by the Department or 45 days from the date on which
34		the amount of payment is agreed upon, whichever is later, until

1		the date the claims are submitted to the Comptroller for
2		payment. When the Attorney General has filed an appearance in
3		any proceeding concerning a wage claim settlement or judgment,
4		the Attorney General shall certify to the Director that the
5		wage claim is valid before any payment is made. In no event
6		shall an amount in excess of $150,000 be paid from this plan to
7		or for the benefit of any claimant.
8		Nothing in Public Act 84-961 shall be construed to affect
9		in any manner the jurisdiction of the Court of Claims
10		concerning wage claims made against the State of Illinois.
11		(14) Prepare and, in the discretion of the Director,
12		implement a program for self-insurance for official fidelity
13		and surety bonds for officers and employees as authorized by
14		the Official Bond Act.
15		(Source: P.A. 91-239, eff. 1-1-00.)

16		(20 ILCS 405/405-293 new)
17		Sec. 405-293. Professional Services.
18		(a) The Department of Central Management Services (the
19		"Department") is responsible for providing professional
20		services for or on behalf of State agencies for all functions
21		transferred to the Department by Executive Order No. 2003-10
22		(as modified by Section 5.5 of the Executive Reorganization
23		Implementation Act) and may, with the approval of the Governor,
24		provide additional services to or on behalf of State agencies.
25		To the extent not compensated by direct fund transfers, the
26		Department shall be reimbursed from each State agency receiving
27		the benefit of these services. The reimbursement shall be
28		determined by the Director of Central Management Services as
29		the amount required to reimburse the Professional Services Fund
30		for the Department's costs of rendering the professional
31		services on behalf of that State agency.
32		(b) For the purposes of this Section, "State agency" means
33		each State agency, department, board, and commission directly

1		responsible to the Governor. "Professional services" means
2		legal services, internal audit services, and other services as
3		approved by the Governor.

4		(20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
5		Sec. 405-315. Management of State buildings; security
6		force; fees.
7		(a) To manage, operate, maintain, and preserve from waste
8		the State buildings, facilities, structures, grounds, or other
9		real property transferred to the Department under Section
10		405-415, including, without limitation, the State buildings
11		listed below. The Department may rent portions of these and
12		other State buildings when in the judgment of the Director
13		those leases or subleases will be in the best interests of the
14		State. The leases or subleases shall not exceed 5 years unless
15		a greater term is specifically authorized.
16		a. Peoria Regional Office Building
17		5415 North University
18		Peoria, Illinois 61614
19		b. Springfield Regional Office Building
20		4500 South 6th Street
21		Springfield, Illinois 62703
22		c. Champaign Regional Office Building
23		2125 South 1st Street
24		Champaign, Illinois 61820
25		d. Illinois State Armory Building
26		124 East Adams
27		Springfield, Illinois 62706
28		e. Marion Regional Office Building
29		2209 West Main Street
30		Marion, Illinois 62959
31		f. Kenneth Hall Regional State Office
32		Building
33		#10 Collinsville Avenue

1		East St. Louis, Illinois 62201
2		g. Rockford Regional Office Building
3		4402 North Main Street
4		P.O. Box 915
5		Rockford, Illinois 61105
6		h. State of Illinois Building
7		160 North LaSalle
8		Chicago, Illinois 60601
9		i. Office and Laboratory Building
10		2121 West Taylor Street
11		Chicago, Illinois 60602
12		j. Central Computer Facility
13		201 West Adams
14		Springfield, Illinois 62706
15		k. Elgin Office Building
16		595 South State Street
17		Elgin, Illinois 60120
18		l. James R. Thompson Center
19		Bounded by Lake, Clark, Randolph and
20		LaSalle Streets
21		Chicago, Illinois
22		m. The following buildings located within the Chicago
23		Medical Center District:
24		1. Lawndale Day Care Center
25		2929 West 19th Street
26		2. Edwards Center
27		2020 Roosevelt Road
28		3. Illinois Center for
29		Rehabilitation and Education
30		1950 West Roosevelt Road and 1151 South Wood Street
31		4. Department of Children and
32		Family Services District Office
33		1026 South Damen
34		5. The William Heally School

1		1731 West Taylor
2		6. Administrative Office Building
3		1100 South Paulina Street
4		7. Metro Children and Adolescents Center
5		1601 West Taylor Street
6		n. E.J. "Zeke" Giorgi Center
7		200 Wyman Street
8		Rockford, Illinois
9		o. Suburban North Facility
10		9511 Harrison
11		Des Plaines, Illinois
12		p. The following buildings located within the Revenue
13		Center in Springfield:
14		1. State Property Control Warehouse
15		11th & Ash
16		2. Illinois State Museum Research & Collections
17		Center
18		1011 East Ash Street
19		q. Effingham Regional Office Building
20		401 Industrial Drive
21		Effingham, Illinois
22		r. The Communications Center
23		120 West Jefferson
24		Springfield, Illinois
25		s. Portions or all of the basement and
26		ground floor of the
27		State of Illinois Building
28		160 North LaSalle
29		Chicago, Illinois 60601
30		may be leased or subleased to persons, firms, partnerships,
31		associations, or individuals for terms not to exceed 15 years
32		when in the judgment of the Director those leases or subleases
33		will be in the best interests of the State.
34		Portions or all of the commercial space, which includes the

1		sub-basement, storage mezzanine, concourse, and ground and
2		second floors of the
3		James R. Thompson Center
4		Bounded by Lake, Clark, Randolph and LaSalle Streets
5		Chicago, Illinois
6		may be leased or subleased to persons, firms, partnerships,
7		associations, or individuals for terms not to exceed 15 years
8		subject to renewals when in the judgment of the Director those
9		leases or subleases will be in the best interests of the State.
10		The Director is authorized to rent portions of the above
11		described facilities to persons, firms, partnerships,
12		associations, or individuals for terms not to exceed 30 days
13		when those leases or subleases will not interfere with State
14		usage of the facility. This authority is meant to supplement
15		and shall not in any way be interpreted to restrict the
16		Director's ability to make portions of the State of Illinois
17		Building and the James R. Thompson Center available for
18		long-term commercial leases or subleases.
19		Provided however, that all rentals or fees charged to
20		persons, firms, partnerships, associations, or individuals for
21		any lease or use of space in the above described facilities
22		made for terms not to exceed 30 days in length shall be
23		deposited in a special fund in the State treasury to be known
24		as the Special Events Revolving Fund.
25		Notwithstanding the provisions above, the Department of
26		Children and Family Services and the Department of Human
27		Services (as successor to the Department of Rehabilitation
28		Services and the Department of Mental Health and Developmental
29		Disabilities) shall determine the allocation of space for
30		direct recipient care in their respective facilities. The
31		Department of Central Management Services shall consult with
32		the affected agency in the allocation and lease of surplus
33		space in these facilities. Potential lease arrangements shall
34		not endanger the direct recipient care responsibilities in

1		these facilities.
2		(b) To appoint, subject to the Personnel Code, persons to
3		be members of a police and security force. Members of the
4		security force shall be peace officers when performing duties
5		pursuant to this Section and as such shall have all of the
6		powers possessed by policemen in cities and sheriffs, including
7		the power to make arrests on view or issue citations for
8		violations of State statutes or city or county ordinances,
9		except that in counties of more than 1,000,000 population, any
10		powers created by this subsection shall be exercised only (i)
11		when necessary to protect the property, personnel, or interests
12		of the Department or any State agency for whom the Department
13		manages, operates, or maintains property or (ii) when
14		specifically requested by appropriate State or local law
15		enforcement officials, and except that within counties of
16		1,000,000 or less population, these powers shall be exercised
17		only when necessary to protect the property, personnel, or
18		interests of the State of Illinois and only while on property
19		managed, operated, or maintained by the Department.
20		Nothing in this subsection shall be construed so as to make
21		it conflict with any provisions of, or rules promulgated under,
22		the Personnel Code.
23		(c) To charge reasonable fees for the lease, rental, use,
24		or occupancy of to all State agencies utilizing facilities
25		managed, operated, or maintained by the Department for
26		occupancy related fees and charges. Except as provided in
27		subsection (a) regarding amounts to be deposited into the
28		Special Events Revolving Fund, all moneys All fees collected
29		under this subsection shall be deposited in a revolving special
30		fund in the State treasury known as the Facilities Management
31		Revolving Fund. As used in this subsection, the term "State
32		agencies" means all departments, officers, commissions,
33		institutions, boards, and bodies politic and corporate of the
34		State.

1		(d) Provisions of this Section relating to the James R.
2		Thompson Center are subject to the provisions of Section 7.4 of
3		the State Property Control Act.
4		(Source: P.A. 92-302, eff. 8-9-01; 93-19, eff. 6-20-03.)

5		(20 ILCS 405/405-410)
6		Sec. 405-410. Transfer of Information Technology
7		functions.
8		(a) Notwithstanding any other law to the contrary, on or
9		before June 30, 2004, the Director of Central Management
10		Services, working in cooperation with the Director of any other
11		agency, department, board, or commission directly responsible
12		to the Governor, may direct the transfer, to the Department of
13		Central Management Services, of those information technology
14		functions at that agency, department, board, or commission that
15		are suitable for centralization.
16		Upon receipt of the written direction to transfer
17		information technology functions to the Department of Central
18		Management Services, the personnel, equipment, and property
19		(both real and personal) directly relating to the transferred
20		functions shall be transferred to the Department of Central
21		Management Services, and the relevant documents, records, and
22		correspondence shall be transferred or copied, as the Director
23		may prescribe.
24		(b) Upon receiving written direction from the Director of
25		Central Management Services, the Comptroller and Treasurer are
26		authorized to transfer the unexpended balance of any
27		appropriations related to the information technology functions
28		transferred to the Department of Central Management Services
29		and shall make the necessary fund transfers from any special
30		fund in the State Treasury or from any other federal or State
31		trust fund held by the Treasurer to the General Revenue Fund
32		for use by the Department of Central Management Services in
33		support of information technology functions or any other

1		related costs or expenses of the Department of Central
2		Management Services.
3		(c) The rights of employees and the State and its agencies
4		under the Personnel Code and applicable collective bargaining
5		agreements or under any pension, retirement, or annuity plan
6		shall not be affected by any transfer under this Section.
7		(d) The functions transferred to the Department of Central
8		Management Services by this Section shall be vested in and
9		shall be exercised by the Department of Central Management
10		Services. Each act done in the exercise of those functions
11		shall have the same legal effect as if done by the agencies,
12		offices, divisions, departments, bureaus, boards and
13		commissions from which they were transferred.
14		Every person or other entity shall be subject to the same
15		obligations and duties and any penalties, civil or criminal,
16		arising therefrom, and shall have the same rights arising from
17		the exercise of such rights, powers, and duties as had been
18		exercised by the agencies, offices, divisions, departments,
19		bureaus, boards, and commissions from which they were
20		transferred.
21		Whenever reports or notices are now required to be made or
22		given or papers or documents furnished or served by any person
23		in regards to the functions transferred to or upon the
24		agencies, offices, divisions, departments, bureaus, boards,
25		and commissions from which the functions were transferred, the
26		same shall be made, given, furnished or served in the same
27		manner to or upon the Department of Central Management
28		Services.
29		This Section does not affect any act done, ratified, or
30		cancelled or any right occurring or established or any action
31		or proceeding had or commenced in an administrative, civil, or
32		criminal cause regarding the functions transferred, but those
33		proceedings may be continued by the Department of Central
34		Management Services.

1		This Section does not affect the legality of any rules in
2		the Illinois Administrative Code regarding the functions
3		transferred in this Section that are in force on the effective
4		date of this Section. If necessary, however, the affected
5		agencies shall propose, adopt, or repeal rules, rule
6		amendments, and rule recodifications as appropriate to
7		effectuate this Section.
8		(Source: P.A. 93-25, eff. 6-20-03.)

9		(20 ILCS 405/405-411 new)
10		Sec. 405-411. Consolidation of workers' compensation
11		functions.
12		(a) Notwithstanding any other law to the contrary, the
13		Director of Central Management Services, working in
14		cooperation with the Director of any other agency, department,
15		board, or commission directly responsible to the Governor, may
16		direct the consolidation, within the Department of Central
17		Management Services, of those workers' compensation functions
18		at that agency, department, board, or commission that are
19		suitable for centralization.
20		Upon receipt of the written direction to transfer workers'
21		compensation functions to the Department of Central Management
22		Services, the personnel, equipment, and property (both real and
23		personal) directly relating to the transferred functions shall
24		be transferred to the Department of Central Management
25		Services, and the relevant documents, records, and
26		correspondence shall be transferred or copied, as the Director
27		may prescribe.
28		(b) Upon receiving written direction from the Director of
29		Central Management Services, the Comptroller and Treasurer are
30		authorized to transfer the unexpended balance of any
31		appropriations related to the workers' compensation functions
32		transferred to the Department of Central Management Services
33		and shall make the necessary fund transfers from the General

1		Revenue Fund, any special fund in the State treasury, or any
2		other federal or State trust fund held by the Treasurer to the
3		Workers' Compensation Revolving Fund for use by the Department
4		of Central Management Services in support of workers'
5		compensation functions or any other related costs or expenses
6		of the Department of Central Management Services.
7		(c) The rights of employees and the State and its agencies
8		under the Personnel Code and applicable collective bargaining
9		agreements or under any pension, retirement, or annuity plan
10		shall not be affected by any transfer under this Section.
11		(d) The functions transferred to the Department of Central
12		Management Services by this Section shall be vested in and
13		shall be exercised by the Department of Central Management
14		Services. Each act done in the exercise of those functions
15		shall have the same legal effect as if done by the agencies,
16		offices, divisions, departments, bureaus, boards and
17		commissions from which they were transferred.
18		Every person or other entity shall be subject to the same
19		obligations and duties and any penalties, civil or criminal,
20		arising therefrom, and shall have the same rights arising from
21		the exercise of such rights, powers, and duties as had been
22		exercised by the agencies, offices, divisions, departments,
23		bureaus, boards, and commissions from which they were
24		transferred.
25		Whenever reports or notices are now required to be made or
26		given or papers or documents furnished or served by any person
27		in regards to the functions transferred to or upon the
28		agencies, offices, divisions, departments, bureaus, boards,
29		and commissions from which the functions were transferred, the
30		same shall be made, given, furnished or served in the same
31		manner to or upon the Department of Central Management
32		Services.
33		This Section does not affect any act done, ratified, or
34		cancelled or any right occurring or established or any action

1		or proceeding had or commenced in an administrative, civil, or
2		criminal cause regarding the functions transferred, but those
3		proceedings may be continued by the Department of Central
4		Management Services.
5		This Section does not affect the legality of any rules in
6		the Illinois Administrative Code regarding the functions
7		transferred in this Section that are in force on the effective
8		date of this Section. If necessary, however, the affected
9		agencies shall propose, adopt, or repeal rules, rule
10		amendments, and rule recodifications as appropriate to
11		effectuate this Section.

12		(20 ILCS 405/405-415 new)
13		Sec. 405-415. Transfer of facilities and facility
14		management functions.
15		(a) Notwithstanding any other law to the contrary, the
16		Director of Central Management Services may direct the
17		transfer, to the Department of Central Management Services, of
18		those facilities and facility management functions authorized
19		to be transferred under Executive Order 10 (2003). Upon receipt
20		of the written direction to transfer facilities or facility
21		management functions to the Department of Central Management
22		Services, the personnel, equipment, and property (both real and
23		personal) directly relating to the transferred functions shall
24		be transferred to the Department of Central Management
25		Services, and the relevant documents, records, and
26		correspondence shall be transferred or copied, as the Director
27		may prescribe.
28		(b) Upon receiving written direction from the Director of
29		Central Management Services, the Comptroller and Treasurer are
30		authorized to transfer the unexpended balance of any
31		appropriations related to the facilities or facility
32		management functions transferred to the Department of Central
33		Management Services and shall make the necessary fund transfers

1		from the General Revenue Fund, any special fund in the State
2		Treasury, or any other federal or State trust fund held by the
3		Treasurer to the Facilities Management Revolving Fund for use
4		by the Department of Central Management Services in support of
5		facilities and facility management functions or any other
6		related costs or expenses of the Department of Central
7		Management Services.
8		(c) The Department may adopt rules establishing standards
9		for the maintenance, management, operations, and occupancy of
10		State facilities and the disposition of excess State facilities
11		that are subject to the transfer of ownership and control
12		authorized by Executive Order 10 (2003) and this Section,
13		regardless of whether the Department has actually exercised its
14		rights of ownership and control.

15		Section 10-65. The Personnel Code is amended by adding
16		Section 12f as follows:
17		(20 ILCS 415/12f new)
18		Sec. 12f. Merit compensation/salary grade employees;
19		layoffs.
20		(a) Each State agency shall make every attempt to minimize
21		the number of its employees that are laid off. In an effort to
22		minimize layoffs, each merit compensation/salary grade
23		employee who is subject to layoff shall be offered any vacant
24		positions for the same title held by that employee within the
25		same agency and county from which the employee is subject to
26		layoff and within 2 additional alternate counties designated by
27		the employee (or 3 additional counties if the employee's
28		facility or office is closing), excluding titles that are
29		subject to collective bargaining. If no such vacancies exist,
30		then the employee shall be placed on the agency's reemployment
31		list for (i) the title from which the employee was laid off and
32		(ii) any other titles or successor titles previously held by

1		that employee in which the employee held certified status
2		within the county from which the employee was laid off and
3		within 2 additional alternate counties designated by the
4		employee (or 3 additional counties if the employee's facility
5		or office is closing), excluding titles that are subject to
6		collective bargaining. Laid-off employees shall remain on a
7		reemployment list for 3 years, commencing with the date of
8		layoff.
9		(b) Merit compensation/salary grade employees who are laid
10		off shall be extended the same medical and dental insurance
11		benefits to which employees laid off from positions subject to
12		collective bargaining are entitled and on the same terms.
13		(c) Employees laid off from merit compensation/salary
14		grade positions may apply to be qualified for any titles
15		subject to collective bargaining.
16		(d) Merit compensation/salary grade employees subject to
17		layoff shall be given 30 days' notice of the layoff. A list of
18		all current vacancies of all titles within the agency shall be
19		provided to the employee with the notice of the layoff.

20		Section 10-70. The Department of Commerce and Economic
21		Opportunity Law of the Civil Administrative Code of Illinois is
22		amended by changing Section 605-365 as follows:
23		(20 ILCS 605/605-365) (was 20 ILCS 605/46.19a in part)
24		(Section scheduled to be repealed on September 1, 2004)
25		Sec. 605-365. Technology Innovation and Commercialization
26		Fund. There is hereby created a special fund in the State
27		treasury to be known as the Technology Innovation and
28		Commercialization Fund. The moneys in the Fund may be used,
29		subject to appropriation, only for making grants pursuant to
30		Section 605-355 and for the purposes of the Technology
31		Advancement and Development Act. All royalties received by the
32		Department shall be deposited into the Fund.

1		The Technology Innovation and Commercialization Fund is
2		abolished on August 31, 2004. Any balance remaining in the Fund
3		on that date shall be transferred to the General Revenue Fund.
4		This Section is repealed on September 1, 2004.
5		(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)

6		Section 10-75. The Department of Veterans Affairs Act is
7		amended by changing Section 2 as follows:
8		(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
9		Sec. 2. Powers and duties. The Department shall have the
10		following powers and duties:
11		To perform such acts at the request of any veteran, or his
12		or her spouse, surviving spouse or dependents as shall be
13		reasonably necessary or reasonably incident to obtaining or
14		endeavoring to obtain for the requester any advantage, benefit
15		or emolument accruing or due to such person under any law of
16		the United States, the State of Illinois or any other state or
17		governmental agency by reason of the service of such veteran,
18		and in pursuance thereof shall:
19		1. Contact veterans, their survivors and dependents
20		and advise them of the benefits of state and federal laws
21		and assist them in obtaining such benefits;
22		2. Establish field offices and direct the activities of
23		the personnel assigned to such offices;
24		3. Create a volunteer field force of accredited
25		representatives, representing educational institutions,
26		labor organizations, veterans organizations, employers,
27		churches, and farm organizations;
28		4. Conduct informational and training services;
29		5. Conduct educational programs through newspapers,
30		periodicals and radio for the specific purpose of
31		disseminating information affecting veterans and their
32		dependents;

1		6. Coordinate the services and activities of all state
2		departments having services and resources affecting
3		veterans and their dependents;
4		7. Encourage and assist in the coordination of agencies
5		within counties giving service to veterans and their
6		dependents;
7		8. Cooperate with veterans organizations and other
8		governmental agencies;
9		9. Make, alter, amend and promulgate reasonable rules
10		and procedures for the administration of this Act;
11		10. Make and publish annual reports to the Governor
12		regarding the administration and general operation of the
13		Department; and
14		11. Encourage the State to implement more programs to
15		address the wide range of issues faced by Persian Gulf War
16		Veterans, especially those who took part in combat, by
17		creating an official commission to further study Persian
18		Gulf War Diseases. The commission shall consist of 9
19		members appointed as follows: the Speaker and Minority
20		Leader of the House of Representatives and the President
21		and Minority Leader of the Senate shall each appoint one
22		member from the General Assembly, the Governor shall
23		appoint 4 members to represent veterans' organizations,
24		and the Department shall appoint one member. The commission
25		members shall serve without compensation.
26		The Department may accept and hold on behalf of the State,
27		if for the public interest, a grant, gift, devise or bequest of
28		money or property to the Department made for the general
29		benefit of Illinois veterans, including the conduct of
30		informational and training services by the Department and other
31		authorized purposes of the Department. The Department shall
32		cause each grant, gift, devise or bequest to be kept as a
33		distinct fund and shall invest such funds in the manner
34		provided by the Public Funds Investment Act, as now or

1		hereafter amended, and shall make such reports as may be
2		required by the Comptroller concerning what funds are so held
3		and the manner in which such funds are invested. The Department
4		may make grants from these funds for the general benefit of
5		Illinois veterans. Grants from these funds, except for the
6		funds established under Sections 2.01a and 2.03, shall be
7		subject to appropriation.
8		The Department has the power to make grants, from funds
9		appropriated from the Korean War Veterans National Museum and
10		Library Fund, to private organizations for the benefit of the
11		Korean War Veterans National Museum and Library.
12		The Department has the power to make grants, from funds
13		appropriated from the Illinois Military Family Relief Fund, for
14		benefits authorized under the Survivors Compensation Act.
15		(Source: P.A. 92-198, eff. 8-1-01; 92-651, eff. 7-11-02.)

16		Section 10-85. The Illinois Economic and Fiscal Commission
17		Act is amended by changing Section 3 as follows:
18		(25 ILCS 155/3) (from Ch. 63, par. 343)
19		Sec. 3. The Commission shall:
20		(1) Study from time to time and report to the General
21		Assembly on economic development and trends in the State.
22		(2) Make such special economic and fiscal studies as it
23		deems appropriate or desirable or as the General Assembly may
24		request.
25		(3) Based on its studies, recommend such State fiscal and
26		economic policies as it deems appropriate or desirable to
27		improve the functioning of State government and the economy of
28		the various regions within the State.
29		(4) Prepare annually a State economic report.
30		(5) Provide information for all appropriate legislative
31		organizations and personnel on economic trends in relation to
32		long range planning and budgeting.

1		(6) Study and make such recommendations as it deems
2		appropriate to the General Assembly on local and regional
3		economic and fiscal policy and on federal fiscal policy as it
4		may affect Illinois.
5		(7) Review capital expenditures, appropriations and
6		authorizations for both the State's general obligation and
7		revenue bonding authorities. At the direction of the
8		Commission, specific reviews may include economic feasibility
9		reviews of existing or proposed revenue bond projects to
10		determine the accuracy of the original estimate of useful life
11		of the projects, maintenance requirements and ability to meet
12		debt service requirements through their operating expenses.
13		(8) Receive and review all executive agency and revenue
14		bonding authority annual and 3 year plans. The Commission shall
15		prepare a consolidated review of these plans, an updated
16		assessment of current State agency capital plans, a report on
17		the outstanding and unissued bond authorizations, an
18		evaluation of the State's ability to market further bond issues
19		and shall submit them as the "Legislative Capital Plan
20		Analysis" to the House and Senate Appropriations Committees at
21		least once a year. The Commission shall annually submit to the
22		General Assembly on the first Wednesday of April a report on
23		the State's long-term capital needs, with particular emphasis
24		upon and detail of the 5-year period in the immediate future.
25		(9) Study and make recommendations it deems appropriate to
26		the General Assembly on State bond financing, bondability
27		guidelines, and debt management. At the direction of the
28		Commission, specific studies and reviews may take into
29		consideration short and long-run implications of State bonding
30		and debt management policy.
31		(10) Comply with the provisions of the "State Debt Impact
32		Note Act" as now or hereafter amended.
33		(11) Comply with the provisions of the Pension Impact Note
34		Act, as now or hereafter amended.

1		(12) By August 1st of each year, the Commission must
2		prepare and cause to be published a summary report of State
3		appropriations for the State fiscal year beginning the previous
4		July 1st. The summary report must discuss major categories of
5		appropriations, the issues the General Assembly faced in
6		allocating appropriations, comparisons with appropriations for
7		previous State fiscal years, and other matters helpful in
8		providing the citizens of Illinois with an overall
9		understanding of appropriations for that fiscal year. The
10		summary report must be written in plain language and designed
11		for readability. Publication must be in newspapers of general
12		circulation in the various areas of the State to ensure
13		distribution statewide. The summary report must also be
14		published on the General Assembly's web site.
15		(13) Comply with the provisions of the State Facilities
16		Closure Act.
17		The requirement for reporting to the General Assembly shall
18		be satisfied by filing copies of the report with the Speaker,
19		the Minority Leader and the Clerk of the House of
20		Representatives and the President, the Minority Leader and the
21		Secretary of the Senate and the Legislative Research Unit, as
22		required by Section 3.1 of the General Assembly Organization
23		Act, and filing such additional copies with the State
24		Government Report Distribution Center for the General Assembly
25		as is required under paragraph (t) of Section 7 of the State
26		Library Act.
27		(Source: P.A. 92-67, eff. 7-12-01; 93-632, eff. 2-1-04.)

28		Section 10-90. The Fiscal Note Act is amended by changing
29		Section 1 as follows:
30		(25 ILCS 50/1) (from Ch. 63, par. 42.31)
31		Sec. 1. Every bill, except those bills making a direct
32		appropriation, (1) the purpose or effect of which is (i) to

1		expend any State funds or to increase or decrease the revenues
2		of the State, either directly or indirectly, or (ii) to require
3		the expenditure of their own funds by, or to increase or
4		decrease the revenues of, units of local government, school
5		districts or community college districts, or to revise the
6		distribution of State funds among units of local government,
7		school districts, or community college districts, either
8		directly or indirectly, or (2) that amends the Mental Health
9		and Developmental Disabilities Code or the Developmental
10		Disability and Mental Disability Services Act shall have
11		prepared for it prior to second reading in the house of
12		introduction a brief explanatory statement or note which, for a
13		bill under item (1), shall include a reliable estimate of the
14		anticipated change in State, local governmental, school
15		district, or community college district expenditures or
16		revenues under its provisions and, for a bill under item (2),
17		shall include a reliable estimate of the fiscal impact of its
18		provisions upon community agencies. For purposes of this Act,
19		indirect revenues include, but are not limited to, increased
20		tax revenues or other increased revenues resulting from
21		economic development, job creation, or cost reduction. The
22		statement or note shall also include an explanation of the
23		methodology used to determine the estimated direct and indirect
24		costs or estimated impact on community agencies. Any notes for
25		bills having a fiscal impact on units of local government,
26		school districts or community college districts shall include
27		such cost estimates as may be required under the State Mandates
28		Act.
29		If a bill authorizes capital expenditures or appropriates
30		funds for capital expenditures, a statement shall be prepared
31		by the Governor's Office of Management and Budget Bureau of the
32		Budget specifying by year any principal and interest payments
33		required to finance such capital expenditures.
34		If a bill authorizes the issuance of bonds, a statement or

1		note shall be prepared by the Governor's Office of Management
2		and Budget specifying the estimated total principal and
3		interest payments (assuming interest is paid at a fixed rate)
4		if all of the bonds authorized were issued. The statement or
5		note shall include the total principal on all other
6		then-outstanding Bonds of the State.
7		These statements or notes shall be known as "fiscal notes".
8		(Source: P.A. 92-567, eff. 1-1-03; revised 8-23-03.)

9		Section 10-95. The State Debt Impact Note Act is amended by
10		changing Section 4 as follows:
11		(25 ILCS 65/4) (from Ch. 63, par. 42.74)
12		Sec. 4. The State Debt Impact Note shall be factual in
13		nature and as brief and concise as possible. For bills which
14		would appropriate from bond funds, the note shall provide a
15		reliable estimate of the impact of the bill on the State's debt
16		service requirements; a description of the estimated useful
17		life and intended use of the project; and maintenance and
18		operating costs associated with the project. For bills which
19		would add new or increase existing bond authorization levels
20		the note shall assess current outstanding, unissued, and
21		retired bond authorization levels and make reasonable
22		projections of the cost associated with the retirement of the
23		additional bonds. The estimated costs shall specify the
24		estimated total principal and interest payments (assuming
25		interest is paid at a fixed rate) if all of the Bonds
26		authorized were issued. The statement or note shall include the
27		total principal on all other then-outstanding Bonds of the
28		State. A brief summary or work sheet of computations used in
29		arriving at State Debt Impact Notes shall be attached.
30		(Source: P.A. 81-615.)

31

Section 10-100. The State Finance Act is amended by

1		changing Sections 6z-32, 8g, 8h, 8.3, 8.12, 8.43, 9, 13.2, 14,
2		and 25 and by adding Sections 5.625, 6z-27.1, 6z-63, 6z-64,
3		6z-65, 8k, 8m, 14c, and 24.11 as follows:
4		(30 ILCS 105/5.625 new)
5		Sec. 5.625. The Professional Services Fund.
6		(30 ILCS 105/6z-27.1 new)
7		Sec. 6z-27.1. Transfer from Efficiency Initiative Fund.
8		The sum of $750,000 is ordered transferred from the Efficiency
9		Initiative Fund to the Comptroller's Administrative Fund to
10		reimburse the Comptroller's office for costs and expenses
11		incurred by that office in relation to efficiency initiatives
12		and agency consolidation, reorganization, and restructuring
13		pursuant to Section 405-292 of the Department of Central
14		Management Services Law of the Civil Administrative Code of
15		Illinois (20 ILCS 405/405-292).
16		(30 ILCS 105/6z-32)
17		Sec. 6z-32. Conservation 2000.
18		(a) The Conservation 2000 Fund and the Conservation 2000
19		Projects Fund are created as special funds in the State
20		Treasury. These funds shall be used to establish a
21		comprehensive program to protect Illinois' natural resources
22		through cooperative partnerships between State government and
23		public and private landowners. Moneys in these Funds may be
24		used, subject to appropriation, by the Environmental
25		Protection Agency and the Departments of Agriculture, Natural
26		Resources, and Transportation for purposes relating to natural
27		resource protection, recreation, tourism, and compatible
28		agricultural and economic development activities. Without
29		limiting these general purposes, moneys in these Funds may be
30		used, subject to appropriation, for the following specific
31		purposes:

1		(1) To foster sustainable agriculture practices and
2		control soil erosion and sedimentation, including grants
3		to Soil and Water Conservation Districts for conservation
4		practice cost-share grants and for personnel, educational,
5		and administrative expenses.
6		(2) To establish and protect a system of ecosystems in
7		public and private ownership through conservation
8		easements, incentives to public and private landowners,
9		including technical assistance and grants, and land
10		acquisition provided these mechanisms are all voluntary on
11		the part of the landowner and do not involve the use of
12		eminent domain.
13		(3) To develop a systematic and long-term program to
14		effectively measure and monitor natural resources and
15		ecological conditions through investments in technology
16		and involvement of scientific experts.
17		(4) To initiate strategies to enhance, use, and
18		maintain Illinois' inland lakes through education,
19		technical assistance, research, and financial incentives.
20		(5) To conduct an extensive review of existing Illinois
21		water laws.
22		(b) The State Comptroller and State Treasurer shall
23		automatically transfer on the last day of each month, beginning
24		on September 30, 1995 and ending on June 30, 2009, from the
25		General Revenue Fund to the Conservation 2000 Fund, an amount
26		equal to 1/10 of the amount set forth below in fiscal year 1996
27		and an amount equal to 1/12 of the amount set forth below in
28		each of the other specified fiscal years:

4		(c) There shall be deposited into the Conservation 2000
5		Projects Fund such bond proceeds and other moneys as may, from
6		time to time, be provided by law.
7		(Source: P.A. 90-14, eff. 7-1-97; 90-490, eff. 8-17-97; 91-379,
8		eff. 1-1-00.)
9		(30 ILCS 105/6z-63 new)
10		Sec. 6z-63. The Professional Services Fund.
11		(a) The Professional Services Fund is created as a
12		revolving fund in the State treasury. The following moneys
13		shall be deposited into the Fund:
14		(1) amounts authorized for transfer to the Fund from
15		the General Revenue Fund and other State funds (except for
16		funds classified by the Comptroller as federal trust funds
17		or State trust funds) pursuant to State law or Executive
18		Order;
19		(2) federal funds received by the Department of Central
20		Management Services (the "Department") as a result of
21		expenditures from the Fund;
22		(3) interest earned on moneys in the Fund; and
23		(4) receipts or inter-fund transfers resulting from
24		billings issued by the Department to State agencies for the
25		cost of professional services rendered by the Department
26		that are not compensated through the specific fund
27		transfers authorized by this Section.
28		(b) Moneys in the Fund may be used by the Department for
29		reimbursement or payment for:
30		(1) providing professional services to State agencies;
31		(2) rendering other services at the Governor's
32		direction to State agencies; or
33		(3) providing for payment of administrative and other

1		expenses incurred by the Department in providing
2		professional services.
3		(c) State agencies may direct the Comptroller to process
4		inter-fund transfers or make payment through the voucher and
5		warrant process to the Professional Services Fund in
6		satisfaction of billings issued under subsection (a) of this
7		Section.
8		(d) Reconciliation. The Director of Central Management
9		Services (the "Director") shall order that each State agency's
10		payments and transfers made to the Fund be reconciled with
11		actual Fund costs for professional services provided by the
12		Department on no less than an annual basis. The Director may
13		require reports from State agencies as deemed necessary to
14		perform this reconciliation.
15		(e) The following amounts are authorized for transfer into
16		the Professional Services Fund for the fiscal year beginning
17		July 1, 2004:
18		General Revenue Fund...............................$5,440,431
19		Road Fund............................................$814,468
20		Motor Fuel Tax Fund..................................$263,500
21		Child Support Administrative Fund....................$234,013
22		Professions Indirect Cost Fund.......................$276,800
23		Capital Development Board Revolving Fund.............$207,610
24		Bank & Trust Company Fund............................$200,214
25		State Lottery Fund...................................$193,691
26		Insurance Producer Administration Fund...............$174,672
27		Insurance Financial Regulation Fund..................$168,327
28		Illinois Clean Water Fund............................$124,675
29		Clean Air Act (CAA) Permit Fund.......................$91,803
30		Statistical Services Revolving Fund...................$90,959
31		Financial Institution Fund...........................$109,428
32		Horse Racing Fund.....................................$71,127
33		Health Insurance Reserve Fund.........................$66,577
34		Solid Waste Management Fund...........................$61,081

1		Guardianship and Advocacy Fund.........................$1,068
2		Agricultural Premium Fund................................$493
3		Wildlife and Fish Fund...................................$247
4		Radiation Protection Fund.............................$33,277
5		Nuclear Safety Emergency Preparedness Fund............$25,652
6		Tourism Promotion Fund.................................$6,814
7		All of these transfers shall be made on July 1, 2004, or as
8		soon thereafter as practical. These transfers shall be made
9		notwithstanding any other provision of State law to the
10		contrary.
11		(f) The term "professional services" means services
12		rendered on behalf of State agencies pursuant to Section
13		405-293 of the Department of Central Management Services Law of
14		the Civil Administrative Code of Illinois.
15		(30 ILCS 105/6z-64 new)
16		Sec. 6z-64. The Workers' Compensation Revolving Fund.
17		(a) The Workers' Compensation Revolving Fund is created as
18		a revolving fund in the State treasury. The following moneys
19		shall be deposited into the Fund:
20		(1) amounts authorized for transfer to the Fund from
21		the General Revenue Fund and other State funds (except for
22		funds classified by the Comptroller as federal trust funds
23		or State trust funds) pursuant to State law or Executive
24		Order;
25		(2) federal funds received by the Department of Central
26		Management Services (the "Department") as a result of
27		expenditures from the Fund;
28		(3) interest earned on moneys in the Fund;
29		(4) receipts or inter-fund transfers resulting from
30		billings issued by the Department to State agencies for the
31		cost of workers' compensation services rendered by the
32		Department that are not compensated through the specific
33		fund transfers authorized by this Section, if any;

1		(5) amounts received from a State agency or university
2		for workers' compensation payments for temporary total
3		disability, as provided in Section 405-105 of the
4		Department of Central Management Services Law of the Civil
5		Administrative Code of Illinois; and
6		(6) amounts recovered through subrogation in workers'
7		compensation and workers' occupational disease cases.
8		(b) Moneys in the Fund may be used by the Department for
9		reimbursement or payment for:
10		(1) providing workers' compensation services to State
11		agencies and State universities; or
12		(2) providing for payment of administrative and other
13		expenses incurred by the Department in providing workers'
14		compensation services.
15		(c) State agencies may direct the Comptroller to process
16		inter-fund transfers or make payment through the voucher and
17		warrant process to the Workers' Compensation Revolving Fund in
18		satisfaction of billings issued under subsection (a) of this
19		Section.
20		(d) Reconciliation. The Director of Central Management
21		Services (the "Director") shall order that each State agency's
22		payments and transfers made to the Fund be reconciled with
23		actual Fund costs for workers' compensation services provided
24		by the Department and attributable to the State agency and
25		relevant fund on no less than an annual basis. The Director may
26		require reports from State agencies as deemed necessary to
27		perform this reconciliation.
28		(e) The term "workers' compensation services" means
29		services, claims expenses, and related administrative costs
30		incurred in performing the functions consolidated within the
31		Department of Central Management Services under Section
32		405-411 of the Department of Central Management Services Law of
33		the Civil Administrative Code of Illinois.

1		(30 ILCS 105/6z-65 new)
2		Sec. 6z-65. The Facilities Management Revolving Fund.
3		(a) The Facilities Management Revolving Fund is created as
4		a revolving fund in the State treasury. The following moneys
5		shall be deposited into the Fund:
6		(1) amounts authorized for transfer to the Fund from
7		the General Revenue Fund and other State funds (except for
8		funds classified by the Comptroller as federal trust funds
9		or State trust funds) pursuant to State law or Executive
10		Order;
11		(2) federal funds received by the Department of Central
12		Management Services (the "Department") as a result of
13		expenditures from the Fund;
14		(3) interest earned on moneys in the Fund;
15		(4) receipts or inter-fund transfers resulting from
16		billings issued by the Department to State agencies for the
17		cost of facilities management services rendered by the
18		Department that are not compensated through the specific
19		fund transfers authorized by this Section, if any; and
20		(5) fees from the lease, rental, use, or occupancy of
21		State facilities managed, operated, or maintained by the
22		Department.
23		(b) Moneys in the Fund may be used by the Department for
24		reimbursement or payment for:
25		(1) the acquisition and operation of State facilities,
26		including, without limitation, rental or installment
27		payments and interest, personal services, utilities,
28		maintenance, and remodeling; or
29		(2) providing for payment of administrative and other
30		expenses incurred by the Department in providing
31		facilities management services.
32		(c) State agencies may direct the Comptroller to process
33		inter-fund transfers or make payment through the voucher and
34		warrant process to the Facilities Management Revolving Fund in

1		satisfaction of billings issued under subsection (a) of this
2		Section.
3		(d) Reconciliation. The Director of Central Management
4		Services (the "Director") shall order that each State agency's
5		payments and transfers made to the Fund be reconciled with
6		actual Fund costs for facilities management services provided
7		by the Department and attributable to the State agency and
8		relevant fund on no less than an annual basis. The Director may
9		require reports from State agencies as deemed necessary to
10		perform this reconciliation.
11		(e) The term "facilities management services" means
12		services performed by the Department in providing for the
13		acquisition, occupancy, management, and operation of State
14		owned and leased buildings, facilities, structures, grounds,
15		or the real property under management of the Department.
16		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
17		Sec. 8.12. State Pensions Fund.
18		(a) The moneys in the State Pensions Fund shall be used
19		exclusively for the administration of the Uniform Disposition
20		of Unclaimed Property Act and for the payment of or repayment
21		to the General Revenue Fund a portion of the required State
22		contributions to the designated retirement systems.
23		"Designated retirement systems" means:
24		(1) the State Employees' Retirement System of
25		Illinois;
26		(2) the Teachers' Retirement System of the State of
27		Illinois;
28		(3) the State Universities Retirement System;
29		(4) the Judges Retirement System of Illinois; and
30		(5) the General Assembly Retirement System.
31		(b) Each year the General Assembly may make appropriations
32		from the State Pensions Fund for the administration of the
33		Uniform Disposition of Unclaimed Property Act.

1		Each month, the Commissioner of the Office of Banks and
2		Real Estate shall certify to the State Treasurer the actual
3		expenditures that the Office of Banks and Real Estate incurred
4		conducting unclaimed property examinations under the Uniform
5		Disposition of Unclaimed Property Act during the immediately
6		preceding month. Within a reasonable time following the
7		acceptance of such certification by the State Treasurer, the
8		State Treasurer shall pay from its appropriation from the State
9		Pensions Fund to the Bank and Trust Company Fund and the
10		Savings and Residential Finance Regulatory Fund an amount equal
11		to the expenditures incurred by each Fund for that month.
12		Each month, the Director of Financial Institutions shall
13		certify to the State Treasurer the actual expenditures that the
14		Department of Financial Institutions incurred conducting
15		unclaimed property examinations under the Uniform Disposition
16		of Unclaimed Property Act during the immediately preceding
17		month. Within a reasonable time following the acceptance of
18		such certification by the State Treasurer, the State Treasurer
19		shall pay from its appropriation from the State Pensions Fund
20		to the Financial Institutions Fund and the Credit Union Fund an
21		amount equal to the expenditures incurred by each Fund for that
22		month.
23		(c) As soon as possible after the effective date of this
24		amendatory Act of the 93rd General Assembly, the General
25		Assembly shall appropriate from the State Pensions Fund (1) to
26		the State Universities Retirement System the amount certified
27		under Section 15-165 during the prior year, (2) to the Judges
28		Retirement System of Illinois the amount certified under
29		Section 18-140 during the prior year, and (3) to the General
30		Assembly Retirement System the amount certified under Section
31		2-134 during the prior year as part of the required State
32		contributions to each of those designated retirement systems;
33		except that amounts appropriated under this subsection (c) in
34		State fiscal year 2005 shall not reduce the amount in the State

1		Pensions Fund below $5,000,000. If the amount in the State
2		Pensions Fund does not exceed the sum of the amounts certified
3		in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
4		the amount paid to each designated retirement system under this
5		subsection shall be reduced in proportion to the amount
6		certified by each of those designated retirement systems. For
7		each State fiscal year beginning with State fiscal year 2006,
8		Each year the General Assembly shall appropriate a total amount
9		equal to the balance in the State Pensions Fund at the close of
10		business on June 30 of the preceding fiscal year, less
11		$5,000,000, as part of the required State contributions to the
12		designated retirement systems. The amount of the appropriation
13		to each designated retirement systems system shall constitute a
14		portion of the total appropriation under this subsection for
15		that fiscal year which is the same as that retirement system's
16		portion of the total actuarial reserve deficiency of the
17		systems, as most recently determined by the Governor's Office
18		of Management and Budget.
19		(d) The Governor's Office of Management and Budget shall
20		determine the individual and total reserve deficiencies of the
21		designated retirement systems. For this purpose, the
22		Governor's Office of Management and Budget shall utilize the
23		latest available audit and actuarial reports of each of the
24		retirement systems and the relevant reports and statistics of
25		the Public Employee Pension Fund Division of the Department of
26		Insurance.
27		(d-1) As soon as practicable after the effective date of
28		this amendatory Act of the 93rd General Assembly, the
29		Comptroller shall direct and the Treasurer shall transfer from
30		the State Pensions Fund to the General Revenue Fund, as funds
31		become available, a sum equal to the amounts that would have
32		been paid from the State Pensions Fund to the Teachers'
33		Retirement System of the State of Illinois, the State
34		Universities Retirement System, the Judges Retirement System

1		of Illinois, the General Assembly Retirement System, and the
2		State Employees' Retirement System of Illinois after the
3		effective date of this amendatory Act during the remainder of
4		fiscal year 2004 to the designated retirement systems from the
5		appropriations provided for in this Section if the transfers
6		provided in Section 6z-61 had not occurred. The transfers
7		described in this subsection (d-1) are to partially repay the
8		General Revenue Fund for the costs associated with the bonds
9		used to fund the moneys transferred to the designated
10		retirement systems under Section 6z-61.
11		(e) The changes to this Section made by this amendatory Act
12		of 1994 shall first apply to distributions from the Fund for
13		State fiscal year 1996.
14		(Source: P.A. 93-665, eff. 3-5-04.)
15		(30 ILCS 105/8.43 new)
16		Sec. 8.43. Special fund transfers.
17		(a) In order to maintain the integrity of special funds and
18		improve stability in the General Revenue Fund, the following
19		transfers are authorized from the designated funds into the
20		General Revenue Fund:
21		SECRETARY OF STATE SPECIAL LICENSE
22		PLATE FUND...........................................$856,000
23		SECURITIES INVESTORS EDUCATION FUND ..........$3,271,000
24		SECURITIES AUDIT & ENFORCEMENT FUND .........$17,014,000
25		DEPARTMENT OF BUSINESS SERVICES SPECIAL
26		OPERATIONS FUND......................................$524,000
27		SECRETARY OF STATE SPECIAL SERVICES FUND.............$600,000
28		SECRETARY OF STATE DUI ADMINISTRATION FUND ..........$582,000
29		FOOD & DRUG SAFETY FUND........................$817,000
30		TRANSPORTATION REGULATORY FUND ....................$2,379,000
31		FINANCIAL INSTITUTION FUND...................$2,003,000
32		GENERAL PROFESSIONS DEDICATED FUND...............$497,000
33		DRIVERS EDUCATION FUND ...................$2,967,000

1		STATE BOATING ACT FUND ..................$1,072,000
2		AGRICULTURAL PREMIUM FUND .......................$7,777,000
3		PUBLIC UTILITY FUND .......................$8,202,000
4		RADIATION PROTECTION FUND ........................$750,000
5		SOLID WASTE MANAGEMENT FUND ..............$10,084,000
6		SUBTITLE D MANAGEMENT FUND ........................$3,006,000
7		PLUGGING AND RESTORATION FUND .......... $1,255,000
8		REGISTERED CERTIFIED PUBLIC ACCOUNTANTS
9		ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000
10		WEIGHTS AND MEASURES FUND ................... $1,800,000
11		SOLID WASTE MANAGEMENT REVOLVING LOAN FUND...........$647,000
12		RESPONSE CONTRACTORS INDEMNIFICATION FUND............$107,000
13		CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND......$1,229,000
14		PROFESSIONS INDIRECT COST FUND ....................$39,000
15		ILLINOIS HEALTH FACILITIES PLANNING FUND .......$2,351,000
16		OPTOMETRIC LICENSING AND DISCIPLINARY
17		BOARD FUND.........................................$1,121,000
18		STATE RAIL FREIGHT LOAN REPAYMENT FUND .....$3,500,000
19		ILLINOIS TAX INCREMENT FUND ..................$1,500,000
20		USED TIRE MANAGEMENT FUND .......................$3,278,000
21		AUDIT EXPENSE FUND ..........................$1,237,000
22		INSURANCE PREMIUM TAX REFUND FUND .................$2,500,000
23		CORPORATE FRANCHISE TAX REFUND FUND .............$1,650,000
24		TAX COMPLIANCE AND ADMINISTRATION FUND ............$9,513,000
25		APPRAISAL ADMINISTRATION FUND......................$1,107,000
26		STATE ASSET FORFEITURE FUND ............ $1,500,000
27		FEDERAL ASSET FORFEITURE FUND ................$3,943,000
28		DEPARTMENT OF CORRECTIONS REIMBURSEMENT
29		AND EDUCATION FUND................................$14,500,000
30		LEADS MAINTENANCE FUND .......$2,000,000
31		STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND........$250,000
32		WORKFORCE, TECHNOLOGY, AND ECONOMIC
33		DEVELOPMENT FUND ..................................$1,500,000
34		RENEWABLE ENERGY RESOURCES TRUST FUND ...$9,510,000

1		ENERGY EFFICIENCY TRUST FUND .............$3,040,000
2		CONSERVATION 2000 FUND ...................$7,439,000
3		HORSE RACING FUND .........................$2,500,000
4		STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000
5		WHISTLEBLOWER REWARD AND PROTECTION FUND ...........$750,000
6		TOBACCO SETTLEMENT RECOVERY FUND .................$19,300,000
7		PRESIDENTIAL LIBRARY AND MUSEUM FUND ......$500,000
8		MEDICAL SPECIAL PURPOSES TRUST FUND ..........$967,000
9		DRAM SHOP FUND ...................................$1,517,000
10		DESIGN PROFESSIONALS ADMINISTRATION AND
11		INVESTIGATION FUND ............................$1,172,000
12		ILLINOIS FORESTRY DEVELOPMENT FUND .........$1,257,000
13		STATE POLICE SERVICES FUND .........................$250,000
14		METABOLIC SCREENING AND TREATMENT FUND ........$3,435,000
15		INSURANCE PRODUCER ADMINISTRATION FUND .........$12,727,000
16		LOW-LEVEL RADIOACTIVE WASTE FACILITY
17		DEVELOPMENT AND OPERATION FUND ............$2,202,000
18		LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,
19		POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000
20		ENVIRONMENTAL PROTECTION PERMIT AND
21		INSPECTION FUND ...............................$874,000
22		PARK AND CONSERVATION FUND ........................$1,000,000
23		PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN
24		REVOLVING FUND ..................................$1,822,000
25		LOBBYIST REGISTRATION ADMINISTRATION FUND ..........$327,000
26		DIVISION OF CORPORATIONS REGISTERED
27		LIMITED LIABILITY PARTNERSHIP FUND ............$356,000
28		WORKING CAPITAL REVOLVING FUND
29		(30 ILCS 105/6)...................................$12,000,000
30		All of these transfers shall be made on the effective date
31		of this amendatory Act of the 93rd General Assembly, or as soon
32		thereafter as practical. These transfers shall be made
33		notwithstanding any other provision of State law to the
34		contrary.

1		(b) On and after the effective date of this amendatory Act
2		of the 93rd General Assembly through June 30, 2005, when any of
3		the funds listed in subsection (a) have insufficient cash from
4		which the State Comptroller may make expenditures properly
5		supported by appropriations from the fund, then the State
6		Treasurer and State Comptroller shall transfer from the General
7		Revenue Fund to the fund only such amount as is immediately
8		necessary to satisfy outstanding expenditure obligations on a
9		timely basis, subject to the provisions of the State Prompt
10		Payment Act. Any amounts transferred from the General Revenue
11		Fund to a fund pursuant to this subsection (b) from time to
12		time shall be re-transferred by the State Comptroller and the
13		State Treasurer from the receiving fund into the General
14		Revenue Fund as soon as and to the extent that deposits are
15		made into or receipts are collected by the receiving fund. In
16		all events, the full amounts of all transfers from the General
17		Revenue Fund to receiving funds shall be re-transferred to the
18		General Revenue Fund no later than June 30, 2005.
19		(c) The sum of $57,700,000 shall be transferred, pursuant
20		to appropriation, from the State Pensions Fund to the
21		designated retirement systems (as defined in Section 8.12 of
22		the State Finance Act) on the effective date of this amendatory
23		Act of the 93rd General Assembly, or as soon thereafter as
24		practical. On April 16, 2005, or as soon thereafter as
25		practical, there shall be transferred, pursuant to
26		appropriation, from the State Pensions Fund to the designated
27		retirement systems (as defined in Section 8.12 of the State
28		Finance Act) the lesser of (i) an amount equal to the balance
29		in the State Pensions Fund on April 16, 2005, minus an amount
30		equal to 75% of the total amount of fiscal year 2005
31		appropriations from the State Pensions Fund that were
32		appropriated to the State Treasurer for administration of the
33		Uniform Disposition of Unclaimed Property Act or (ii)
34		$35,000,000. These transfers are intended to be all or part of

1		the transfer required under Section 8.12 of the State Finance
2		Act for fiscal year 2005.
3		(d) The sum of $49,775,000 shall be transferred from the
4		School Technology Revolving Loan Fund to the Common School Fund
5		on the effective date of this amendatory Act of the 93rd
6		General Assembly, or as soon thereafter as practical,
7		notwithstanding any other provision of State law to the
8		contrary.
9		(e) The sum of $80,000,000 shall be transferred from the
10		General Revenue Fund to the State Pensions Fund on the
11		effective date of this amendatory Act of the 93rd General
12		Assembly, or as soon thereafter as practical.
13		(30 ILCS 105/8g)
14		Sec. 8g. Fund transfers Transfers from General Revenue
15		Fund.
16		(a) In addition to any other transfers that may be provided
17		for by law, as soon as may be practical after the effective
18		date of this amendatory Act of the 91st General Assembly, the
19		State Comptroller shall direct and the State Treasurer shall
20		transfer the sum of $10,000,000 from the General Revenue Fund
21		to the Motor Vehicle License Plate Fund created by Senate Bill
22		1028 of the 91st General Assembly.
23		(b) In addition to any other transfers that may be provided
24		for by law, as soon as may be practical after the effective
25		date of this amendatory Act of the 91st General Assembly, the
26		State Comptroller shall direct and the State Treasurer shall
27		transfer the sum of $25,000,000 from the General Revenue Fund
28		to the Fund for Illinois' Future created by Senate Bill 1066 of
29		the 91st General Assembly.
30		(c) In addition to any other transfers that may be provided
31		for by law, on August 30 of each fiscal year's license period,
32		the Illinois Liquor Control Commission shall direct and the
33		State Comptroller and State Treasurer shall transfer from the

1		General Revenue Fund to the Youth Alcoholism and Substance
2		Abuse Prevention Fund an amount equal to the number of retail
3		liquor licenses issued for that fiscal year multiplied by $50.
4		(d) The payments to programs required under subsection (d)
5		of Section 28.1 of the Horse Racing Act of 1975 shall be made,
6		pursuant to appropriation, from the special funds referred to
7		in the statutes cited in that subsection, rather than directly
8		from the General Revenue Fund.
9		Beginning January 1, 2000, on the first day of each month,
10		or as soon as may be practical thereafter, the State
11		Comptroller shall direct and the State Treasurer shall transfer
12		from the General Revenue Fund to each of the special funds from
13		which payments are to be made under Section 28.1(d) of the
14		Horse Racing Act of 1975 an amount equal to 1/12 of the annual
15		amount required for those payments from that special fund,
16		which annual amount shall not exceed the annual amount for
17		those payments from that special fund for the calendar year
18		1998. The special funds to which transfers shall be made under
19		this subsection (d) include, but are not necessarily limited
20		to, the Agricultural Premium Fund; the Metropolitan Exposition
21		Auditorium and Office Building Fund; the Fair and Exposition
22		Fund; the Standardbred Breeders Fund; the Thoroughbred
23		Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
24		(e) In addition to any other transfers that may be provided
25		for by law, as soon as may be practical after the effective
26		date of this amendatory Act of the 91st General Assembly, but
27		in no event later than June 30, 2000, the State Comptroller
28		shall direct and the State Treasurer shall transfer the sum of
29		$15,000,000 from the General Revenue Fund to the Fund for
30		Illinois' Future.
31		(f) In addition to any other transfers that may be provided
32		for by law, as soon as may be practical after the effective
33		date of this amendatory Act of the 91st General Assembly, but
34		in no event later than June 30, 2000, the State Comptroller

1		shall direct and the State Treasurer shall transfer the sum of
2		$70,000,000 from the General Revenue Fund to the Long-Term Care
3		Provider Fund.
4		(f-1) In fiscal year 2002, in addition to any other
5		transfers that may be provided for by law, at the direction of
6		and upon notification from the Governor, the State Comptroller
7		shall direct and the State Treasurer shall transfer amounts not
8		exceeding a total of $160,000,000 from the General Revenue Fund
9		to the Long-Term Care Provider Fund.
10		(g) In addition to any other transfers that may be provided
11		for by law, on July 1, 2001, or as soon thereafter as may be
12		practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $1,200,000 from the General
14		Revenue Fund to the Violence Prevention Fund.
15		(h) In each of fiscal years 2002 through 2004 2007, but not
16		thereafter, in addition to any other transfers that may be
17		provided for by law, the State Comptroller shall direct and the
18		State Treasurer shall transfer $5,000,000 from the General
19		Revenue Fund to the Tourism Promotion Fund.
20		(i) On or after July 1, 2001 and until May 1, 2002, in
21		addition to any other transfers that may be provided for by
22		law, at the direction of and upon notification from the
23		Governor, the State Comptroller shall direct and the State
24		Treasurer shall transfer amounts not exceeding a total of
25		$80,000,000 from the General Revenue Fund to the Tobacco
26		Settlement Recovery Fund. Any amounts so transferred shall be
27		re-transferred by the State Comptroller and the State Treasurer
28		from the Tobacco Settlement Recovery Fund to the General
29		Revenue Fund at the direction of and upon notification from the
30		Governor, but in any event on or before June 30, 2002.
31		(i-1) On or after July 1, 2002 and until May 1, 2003, in
32		addition to any other transfers that may be provided for by
33		law, at the direction of and upon notification from the
34		Governor, the State Comptroller shall direct and the State

1		Treasurer shall transfer amounts not exceeding a total of
2		$80,000,000 from the General Revenue Fund to the Tobacco
3		Settlement Recovery Fund. Any amounts so transferred shall be
4		re-transferred by the State Comptroller and the State Treasurer
5		from the Tobacco Settlement Recovery Fund to the General
6		Revenue Fund at the direction of and upon notification from the
7		Governor, but in any event on or before June 30, 2003.
8		(j) On or after July 1, 2001 and no later than June 30,
9		2002, in addition to any other transfers that may be provided
10		for by law, at the direction of and upon notification from the
11		Governor, the State Comptroller shall direct and the State
12		Treasurer shall transfer amounts not to exceed the following
13		sums into the Statistical Services Revolving Fund:

1		(k) In addition to any other transfers that may be provided
2		for by law, as soon as may be practical after the effective
3		date of this amendatory Act of the 92nd General Assembly, the
4		State Comptroller shall direct and the State Treasurer shall
5		transfer the sum of $2,000,000 from the General Revenue Fund to
6		the Teachers Health Insurance Security Fund.
7		(k-1) In addition to any other transfers that may be
8		provided for by law, on July 1, 2002, or as soon as may be
9		practical thereafter, the State Comptroller shall direct and
10		the State Treasurer shall transfer the sum of $2,000,000 from
11		the General Revenue Fund to the Teachers Health Insurance
12		Security Fund.
13		(k-2) In addition to any other transfers that may be
14		provided for by law, on July 1, 2003, or as soon as may be
15		practical thereafter, the State Comptroller shall direct and
16		the State Treasurer shall transfer the sum of $2,000,000 from
17		the General Revenue Fund to the Teachers Health Insurance
18		Security Fund.
19		(k-3) On or after July 1, 2002 and no later than June 30,
20		2003, in addition to any other transfers that may be provided
21		for by law, at the direction of and upon notification from the
22		Governor, the State Comptroller shall direct and the State
23		Treasurer shall transfer amounts not to exceed the following
24		sums into the Statistical Services Revolving Fund:

4		(l) In addition to any other transfers that may be provided
5		for by law, on July 1, 2002, or as soon as may be practical
6		thereafter, the State Comptroller shall direct and the State
7		Treasurer shall transfer the sum of $3,000,000 from the General
8		Revenue Fund to the Presidential Library and Museum Operating
9		Fund.
10		(m) In addition to any other transfers that may be provided
11		for by law, on July 1, 2002 and on the effective date of this
12		amendatory Act of the 93rd General Assembly, or as soon
13		thereafter as may be practical, the State Comptroller shall
14		direct and the State Treasurer shall transfer the sum of
15		$1,200,000 from the General Revenue Fund to the Violence
16		Prevention Fund.
17		(n) In addition to any other transfers that may be provided
18		for by law, on July 1, 2003, or as soon thereafter as may be
19		practical, the State Comptroller shall direct and the State
20		Treasurer shall transfer the sum of $6,800,000 from the General
21		Revenue Fund to the DHS Recoveries Trust Fund.
22		(o) On or after July 1, 2003, and no later than June 30,
23		2004, in addition to any other transfers that may be provided
24		for by law, at the direction of and upon notification from the
25		Governor, the State Comptroller shall direct and the State
26		Treasurer shall transfer amounts not to exceed the following
27		sums into the Vehicle Inspection Fund:
29		(p) On or after July 1, 2003 and until May 1, 2004, in
30		addition to any other transfers that may be provided for by
31		law, at the direction of and upon notification from the
32		Governor, the State Comptroller shall direct and the State
33		Treasurer shall transfer amounts not exceeding a total of
34		$80,000,000 from the General Revenue Fund to the Tobacco

1		Settlement Recovery Fund. Any amounts so transferred shall be
2		re-transferred from the Tobacco Settlement Recovery Fund to the
3		General Revenue Fund at the direction of and upon notification
4		from the Governor, but in any event on or before June 30, 2004.
5		(q) In addition to any other transfers that may be provided
6		for by law, on July 1, 2003, or as soon as may be practical
7		thereafter, the State Comptroller shall direct and the State
8		Treasurer shall transfer the sum of $5,000,000 from the General
9		Revenue Fund to the Illinois Military Family Relief Fund.
10		(r) In addition to any other transfers that may be provided
11		for by law, on July 1, 2003, or as soon as may be practical
12		thereafter, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $1,922,000 from the General
14		Revenue Fund to the Presidential Library and Museum Operating
15		Fund.
16		(s) In addition to any other transfers that may be provided
17		for by law, on or after July 1, 2003, the State Comptroller
18		shall direct and the State Treasurer shall transfer the sum of
19		$4,800,000 from the Statewide Economic Development Fund to the
20		General Revenue Fund.
21		(t) In addition to any other transfers that may be provided
22		for by law, on or after July 1, 2003, the State Comptroller
23		shall direct and the State Treasurer shall transfer the sum of
24		$50,000,000 from the General Revenue Fund to the Budget
25		Stabilization Fund.
26		(u) On or after July 1, 2004 and until May 1, 2005, in
27		addition to any other transfers that may be provided for by
28		law, at the direction of and upon notification from the
29		Governor, the State Comptroller shall direct and the State
30		Treasurer shall transfer amounts not exceeding a total of
31		$80,000,000 from the General Revenue Fund to the Tobacco
32		Settlement Recovery Fund. Any amounts so transferred shall be
33		retransferred by the State Comptroller and the State Treasurer
34		from the Tobacco Settlement Recovery Fund to the General

1		Revenue Fund at the direction of and upon notification from the
2		Governor, but in any event on or before June 30, 2005.
3		(v) In addition to any other transfers that may be provided
4		for by law, on July 1, 2004, or as soon thereafter as may be
5		practical, the State Comptroller shall direct and the State
6		Treasurer shall transfer the sum of $1,200,000 from the General
7		Revenue Fund to the Violence Prevention Fund.
8		(w) In addition to any other transfers that may be provided
9		for by law, on July 1, 2004, or as soon thereafter as may be
10		practical, the State Comptroller shall direct and the State
11		Treasurer shall transfer the sum of $6,445,000 from the General
12		Revenue Fund to the Presidential Library and Museum Operating
13		Fund.
14		(Source: P.A. 92-11, eff. 6-11-01; 92-505, eff. 12-20-01;
15		92-600, eff. 6-28-02; 93-32, eff. 6-20-03; 93-648, eff.
16		1-8-04.)
17		(30 ILCS 105/8h)
18		Sec. 8h. Transfers to General Revenue Fund.
19		(a) Except as provided in subsection (b), notwithstanding
20		any other State law to the contrary, the Governor Director of
21		the Governor's Office of Management and Budget may, through
22		June 30, 2007, from time to time direct the State Treasurer and
23		Comptroller to transfer a specified sum from any fund held by
24		the State Treasurer to the General Revenue Fund in order to
25		help defray the State's operating costs for the fiscal year.
26		The total transfer under this Section from any fund in any
27		fiscal year shall not exceed the lesser of (i) 8% of the
28		revenues to be deposited into the fund during that fiscal year
29		or (ii) an amount that leaves a remaining fund balance of 25%
30		of the July 1 fund balance of that fiscal year of the beginning
31		balance in the fund. In fiscal year 2005 only, prior to
32		calculating the July 1, 2004 final balances, the Governor may
33		calculate and direct the State Treasurer with the Comptroller

1		to transfer additional amounts determined by applying the
2		formula authorized in this amendatory Act of the 93rd General
3		Assembly to the funds balances on July 1, 2003. No transfer may
4		be made from a fund under this Section that would have the
5		effect of reducing the available balance in the fund to an
6		amount less than the amount remaining unexpended and unreserved
7		from the total appropriation from that fund estimated to be
8		expended for that fiscal year. This Section does not apply to
9		any funds that are restricted by federal law to a specific use
10		or to any funds in the Motor Fuel Tax Fund, the Hospital
11		Provider Fund, or the Medicaid Provider Relief Fund.
12		Notwithstanding any other provision of this Section, for fiscal
13		year 2004, the total transfer under this Section from the Road
14		Fund or the State Construction Account Fund shall not exceed
15		the lesser of (i) 5% of the revenues to be deposited into the
16		fund during that fiscal year or (ii) 25% of the beginning
17		balance in the fund. For fiscal year 2005 through fiscal year
18		2007, no amounts may be transferred under this Section from the
19		Road Fund, the State Construction Account Fund, the Criminal
20		Justice Information Systems Trust Fund, the Wireless Carrier
21		Reimbursement Fund, or the Mandatory Arbitration Fund.
22		In determining the available balance in a fund, the
23		Governor Director of the Governor's Office of Management and
24		Budget may include receipts, transfers into the fund, and other
25		resources anticipated to be available in the fund in that
26		fiscal year.
27		The State Treasurer and Comptroller shall transfer the
28		amounts designated under this Section as soon as may be
29		practicable after receiving the direction to transfer from the
30		Governor Director of the Governor's Office of Management and
31		Budget.
32		(b) This Section does not apply to any fund established
33		under the Community Senior Services and Resources Act.
34		(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,

1		eff. 6-10-04; 93-714, eff. 7-12-04; revised 7-20-04.)

2		(30 ILCS 105/8k new)
3		Sec. 8k. Interfund transfers from inactive funds.
4		Notwithstanding any other provision of law to the contrary, on
5		June 30, 2004, or as soon thereafter as may be practical, the
6		State Comptroller shall direct and the State Treasurer shall
7		transfer the remaining balance from the designated funds into
8		the General Revenue Fund:
9		(1) the Grape and Wine Resources Fund; and
10		(2) the Statewide Economic Development Fund.

11		(30 ILCS 105/8m new)
12		Sec. 8m. Transfers from the Board of Higher Education State
13		Projects Fund. On September 1, 2004, or as soon thereafter as
14		may be practical, the Comptroller shall order and the Treasurer
15		shall transfer remaining moneys in the Board of Higher
16		Education State Projects Fund, certified by the Board of Higher
17		Education to be attributable to the Illinois Century Network,
18		into the Communications Revolving Fund.

19		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
20		Sec. 8.3. Money in the Road Fund shall, if and when the
21		State of Illinois incurs any bonded indebtedness for the
22		construction of permanent highways, be set aside and used for
23		the purpose of paying and discharging annually the principal
24		and interest on that bonded indebtedness then due and payable,
25		and for no other purpose. The surplus, if any, in the Road Fund
26		after the payment of principal and interest on that bonded
27		indebtedness then annually due shall be used as follows:
28		first -- to pay the cost of administration of Chapters
29		2 through 10 of the Illinois Vehicle Code, except the cost
30		of administration of Articles I and II of Chapter 3 of that
31		Code; and

1		secondly -- for expenses of the Department of
2		Transportation for construction, reconstruction,
3		improvement, repair, maintenance, operation, and
4		administration of highways in accordance with the
5		provisions of laws relating thereto, or for any purpose
6		related or incident to and connected therewith, including
7		the separation of grades of those highways with railroads
8		and with highways and including the payment of awards made
9		by the Industrial Commission under the terms of the
10		Workers' Compensation Act or Workers' Occupational
11		Diseases Act for injury or death of an employee of the
12		Division of Highways in the Department of Transportation;
13		or for the acquisition of land and the erection of
14		buildings for highway purposes, including the acquisition
15		of highway right-of-way or for investigations to determine
16		the reasonably anticipated future highway needs; or for
17		making of surveys, plans, specifications and estimates for
18		and in the construction and maintenance of flight strips
19		and of highways necessary to provide access to military and
20		naval reservations, to defense industries and
21		defense-industry sites, and to the sources of raw materials
22		and for replacing existing highways and highway
23		connections shut off from general public use at military
24		and naval reservations and defense-industry sites, or for
25		the purchase of right-of-way, except that the State shall
26		be reimbursed in full for any expense incurred in building
27		the flight strips; or for the operating and maintaining of
28		highway garages; or for patrolling and policing the public
29		highways and conserving the peace; or for the operating
30		expenses of the Department relating to the administration
31		of public transportation programs; or for any of those
32		purposes or any other purpose that may be provided by law.
33		Appropriations for any of those purposes are payable from
34		the Road Fund. Appropriations may also be made from the Road

1		Fund for the administrative expenses of any State agency that
2		are related to motor vehicles or arise from the use of motor
3		vehicles.
4		Beginning with fiscal year 1980 and thereafter, no Road
5		Fund monies shall be appropriated to the following Departments
6		or agencies of State government for administration, grants, or
7		operations; but this limitation is not a restriction upon
8		appropriating for those purposes any Road Fund monies that are
9		eligible for federal reimbursement;
10		1. Department of Public Health;
11		2. Department of Transportation, only with respect to
12		subsidies for one-half fare Student Transportation and
13		Reduced Fare for Elderly;
14		3. Department of Central Management Services, except
15		for expenditures incurred for group insurance premiums of
16		appropriate personnel;
17		4. Judicial Systems and Agencies.
18		Beginning with fiscal year 1981 and thereafter, no Road
19		Fund monies shall be appropriated to the following Departments
20		or agencies of State government for administration, grants, or
21		operations; but this limitation is not a restriction upon
22		appropriating for those purposes any Road Fund monies that are
23		eligible for federal reimbursement:
24		1. Department of State Police, except for expenditures
25		with respect to the Division of Operations;
26		2. Department of Transportation, only with respect to
27		Intercity Rail Subsidies and Rail Freight Services.
28		Beginning with fiscal year 1982 and thereafter, no Road
29		Fund monies shall be appropriated to the following Departments
30		or agencies of State government for administration, grants, or
31		operations; but this limitation is not a restriction upon
32		appropriating for those purposes any Road Fund monies that are
33		eligible for federal reimbursement: Department of Central
34		Management Services, except for awards made by the Industrial

1		Commission under the terms of the Workers' Compensation Act or
2		Workers' Occupational Diseases Act for injury or death of an
3		employee of the Division of Highways in the Department of
4		Transportation.
5		Beginning with fiscal year 1984 and thereafter, no Road
6		Fund monies shall be appropriated to the following Departments
7		or agencies of State government for administration, grants, or
8		operations; but this limitation is not a restriction upon
9		appropriating for those purposes any Road Fund monies that are
10		eligible for federal reimbursement:
11		1. Department of State Police, except not more than 40%
12		of the funds appropriated for the Division of Operations;
13		2. State Officers.
14		Beginning with fiscal year 1984 and thereafter, no Road
15		Fund monies shall be appropriated to any Department or agency
16		of State government for administration, grants, or operations
17		except as provided hereafter; but this limitation is not a
18		restriction upon appropriating for those purposes any Road Fund
19		monies that are eligible for federal reimbursement. It shall
20		not be lawful to circumvent the above appropriation limitations
21		by governmental reorganization or other methods.
22		Appropriations shall be made from the Road Fund only in
23		accordance with the provisions of this Section.
24		Money in the Road Fund shall, if and when the State of
25		Illinois incurs any bonded indebtedness for the construction of
26		permanent highways, be set aside and used for the purpose of
27		paying and discharging during each fiscal year the principal
28		and interest on that bonded indebtedness as it becomes due and
29		payable as provided in the Transportation Bond Act, and for no
30		other purpose. The surplus, if any, in the Road Fund after the
31		payment of principal and interest on that bonded indebtedness
32		then annually due shall be used as follows:
33		first -- to pay the cost of administration of Chapters
34		2 through 10 of the Illinois Vehicle Code; and

1		secondly -- no Road Fund monies derived from fees,
2		excises, or license taxes relating to registration,
3		operation and use of vehicles on public highways or to
4		fuels used for the propulsion of those vehicles, shall be
5		appropriated or expended other than for costs of
6		administering the laws imposing those fees, excises, and
7		license taxes, statutory refunds and adjustments allowed
8		thereunder, administrative costs of the Department of
9		Transportation, including, but not limited to, the
10		operating expenses of the Department relating to the
11		administration of public transportation programs, payment
12		of debts and liabilities incurred in construction and
13		reconstruction of public highways and bridges, acquisition
14		of rights-of-way for and the cost of construction,
15		reconstruction, maintenance, repair, and operation of
16		public highways and bridges under the direction and
17		supervision of the State, political subdivision, or
18		municipality collecting those monies, and the costs for
19		patrolling and policing the public highways (by State,
20		political subdivision, or municipality collecting that
21		money) for enforcement of traffic laws. The separation of
22		grades of such highways with railroads and costs associated
23		with protection of at-grade highway and railroad crossing
24		shall also be permissible.
25		Appropriations for any of such purposes are payable from
26		the Road Fund or the Grade Crossing Protection Fund as provided
27		in Section 8 of the Motor Fuel Tax Law.
28		Except as provided in this paragraph, beginning with fiscal
29		year 1991 and thereafter, no Road Fund monies shall be
30		appropriated to the Department of State Police for the purposes
31		of this Section in excess of its total fiscal year 1990 Road
32		Fund appropriations for those purposes unless otherwise
33		provided in Section 5g of this Act. For fiscal years 2003, and
34		2004, and 2005 only, no Road Fund monies shall be appropriated

1		to the Department of State Police for the purposes of this
2		Section in excess of $97,310,000. It shall not be lawful to
3		circumvent this limitation on appropriations by governmental
4		reorganization or other methods unless otherwise provided in
5		Section 5g of this Act.
6		In fiscal year 1994, no Road Fund monies shall be
7		appropriated to the Secretary of State for the purposes of this
8		Section in excess of the total fiscal year 1991 Road Fund
9		appropriations to the Secretary of State for those purposes,
10		plus $9,800,000. It shall not be lawful to circumvent this
11		limitation on appropriations by governmental reorganization or
12		other method.
13		Beginning with fiscal year 1995 and thereafter, no Road
14		Fund monies shall be appropriated to the Secretary of State for
15		the purposes of this Section in excess of the total fiscal year
16		1994 Road Fund appropriations to the Secretary of State for
17		those purposes. It shall not be lawful to circumvent this
18		limitation on appropriations by governmental reorganization or
19		other methods.
20		Beginning with fiscal year 2000, total Road Fund
21		appropriations to the Secretary of State for the purposes of
22		this Section shall not exceed the amounts specified for the
23		following fiscal years:
32		It shall not be lawful to circumvent this limitation on
33		appropriations by governmental reorganization or other
34		methods.

1		No new program may be initiated in fiscal year 1991 and
2		thereafter that is not consistent with the limitations imposed
3		by this Section for fiscal year 1984 and thereafter, insofar as
4		appropriation of Road Fund monies is concerned.
5		Nothing in this Section prohibits transfers from the Road
6		Fund to the State Construction Account Fund under Section 5e of
7		this Act; nor to the General Revenue Fund, as authorized by
8		this amendatory Act of the 93rd General Assembly.
9		The additional amounts authorized for expenditure in this
10		Section by Public Acts 92-0600 and 93-0025 this amendatory Act
11		of the 92nd General Assembly shall be repaid to the Road Fund
12		from the General Revenue Fund in the next succeeding fiscal
13		year that the General Revenue Fund has a positive budgetary
14		balance, as determined by generally accepted accounting
15		principles applicable to government.
16		The additional amounts authorized for expenditure by the
17		Secretary of State and the Department of State Police in this
18		Section by this amendatory Act of the 93rd General Assembly
19		shall be repaid to the Road Fund from the General Revenue Fund
20		in the next succeeding fiscal year that the General Revenue
21		Fund has a positive budgetary balance, as determined by
22		generally accepted accounting principles applicable to
23		government.
24		(Source: P.A. 92-600, eff. 6-28-02; 93-25, eff. 6-20-03.)

25		(30 ILCS 105/9) (from Ch. 127, par. 145)
26		Sec. 9. (a) No disbursements from appropriations shall be
27		made for rental or purchase of office or other space, buildings
28		or land, except in pursuance of a written lease or purchase
29		contract entered into by the proper State authority and the
30		owner or authorized agent of the property. Such lease shall not
31		exceed 5 years unless a greater term is authorized by law, but
32		such lease may contain a renewal clause subject to acceptance
33		by the State after that date or an option to purchase. Such

1		purchase contract may provide for the title to the property to
2		transfer immediately to the State or a trustee or nominee for
3		the benefit of the State and for the consideration to be paid
4		in installments to be made at stated intervals during a certain
5		term not to exceed 30 years from the date of the contract and
6		may provide for the payment of interest on the unpaid balance
7		at a rate that does not exceed a rate determined by adding 3
8		percentage points to the annual yield on United States Treasury
9		obligations of comparable maturity as most recently published
10		in the Wall Street Journal at the time such contract is signed.
11		Such lease or purchase contract shall be and shall recite that
12		it is subject to termination and cancellation in any year for
13		which the General Assembly fails to make an appropriation to
14		pay the rent or purchase installments payable under the terms
15		of such lease or purchase contract. Additionally such purchase
16		contract shall specify that title to the office and storage
17		space, buildings, land and other facilities being acquired
18		under such a contract shall revert to the Seller in the event
19		of the failure of the General Assembly to appropriate suitable
20		funds. This limitation does not apply to leases for office or
21		other space, buildings, or land, where such leases or purchase
22		contracts contain a provision limiting the liability for the
23		payment of the rental or installments thereunder solely to
24		funds received from the Federal Government. A copy of each such
25		lease or purchase contract shall be filed in the office of the
26		Secretary of State within 15 days after execution.
27		(b) The State shall not enter into any third-party vendor
28		or other arrangement relating to the issuance of certificates
29		of participation or other forms of financing relating to the
30		rental or purchase of office or other space, buildings, or land
31		unless otherwise authorized by law. , through the Bureau of the
32		Budget for real property and improvements and personal property
33		related thereto, and through the Department of Central
34		Management Services for personal property, may issue or cause

1		to be issued certificates of participation or similar
2		instruments representing the right to receive a proportionate
3		share in lease-purchase or installment purchase payments to be
4		made by or for the benefit of one or more State agencies for
5		the acquisition or improvement of real or personal property, or
6		refinancing of such property or payment of expenses related to
7		the issuance. The total principal amount of the certificates
8		issued or caused to be issued pursuant to this Section for
9		acquisition of real property shall not exceed $125,000,000.
10		Certificates issued or caused to be issued pursuant to this
11		Section shall mean certificates heretofore or hereafter signed
12		and delivered by the State or signed and delivered by a trustee
13		or fiscal agent pursuant to the written direction of the State.
14		Nothing in this Section shall (i) prohibit or restrict the
15		issuance of or affect the validity or enforceability of
16		certificates heretofore or hereafter signed and delivered by
17		any lessor or seller or an assignee of either under a lease
18		purchase or installment purchase contract with the State or
19		signed and delivered by a trustee or fiscal agent pursuant to
20		the written direction of such lessor or seller or an assignee
21		of either, or (ii) affect the validity or enforceability of any
22		such lease purchase or installment purchase contract.
23		(1) Certificates may be issued or caused to be issued
24		pursuant to this Section if the Director of the Bureau of
25		the Budget determines that it is financially desirable and
26		in the best interest of the State to use certificates of
27		participation to finance or refinance installment purchase
28		or lease purchase contracts entered into by State
29		departments, agencies, or universities or to refund or
30		advance refund prior issuances of certificates of
31		participation or similar instruments including
32		certificates of participation issued under this Section
33		and certificates of participation issued before the
34		effective date of this amendatory Act of 1997. The State,

1		through the Bureau of the Budget for real property and
2		improvements and personal property related thereto, and
3		through the Department of Central Management Services for
4		personal property, may enter into arrangements for
5		issuing, securing, and marketing certificates of
6		participation, including agreements, trust indentures and
7		other arrangements necessary or desirable to carry out the
8		foregoing, and any reserve funds or other amounts securing
9		the certificates may be held and invested as provided in
10		such agreements and trust indentures.
11		(2) Certificates of participation or similar
12		instruments issued or caused to be issued pursuant to this
13		Section and the underlying lease purchase or installment
14		purchase contracts shall not constitute or create debt of
15		the State as defined in the Illinois Constitution, nor a
16		contractual obligation in excess of the amounts
17		appropriated therefor, and the State shall have no
18		continuing obligation to appropriate money for said
19		payments or other obligations due under the lease purchase
20		or installment purchase contracts; provided, however, that
21		the Governor shall include in the annual budget request to
22		the General Assembly for each relevant fiscal year
23		appropriations sufficient to permit payment of all amounts
24		which will be due and payable during the fiscal year with
25		respect to certificates of participation issued or caused
26		to be issued pursuant to this Section.
27		(3) The maximum term of certificates of participation
28		issued to finance personal property shall be 10 years. The
29		maximum term of certificates of participation to finance
30		the acquisition or improvement of real property shall be 25
31		years. In no event, however, shall the term exceed the
32		expected useful life of the property being financed, with
33		the term calculated from the date of delivery, with respect
34		to personal property, and the date of occupancy, with

1		respect to real property.
2		(4) Ten days before the issuance of certificates of
3		participation under this Section, the Director of the
4		Bureau of the Budget for real property and improvements and
5		personal property related thereto and the Department of
6		Central Management Services for personal property shall
7		transmit to the Executive Director of the Economic and
8		Fiscal Commission, to the Auditor General, to the President
9		of the Senate, the Minority Leader of the Senate, the
10		Speaker of the House of Representatives, and the Minority
11		Leader of the House of Representatives, to the Chairs of
12		the Appropriations Committees, and to the Secretary of the
13		Senate and Clerk of the House a notice providing the
14		following information pertaining to the property to be
15		financed by the certificates:
16		(1) The agency and program procuring the property.
17		(2) A brief description of the property.
18		(3) The estimated cost of the property if purchased
19		outright.
20		(4) The estimated terms of the financings.
21		(5) The estimated total lease or installment
22		purchase payments for property.
23		(6) The estimated lease or installment purchase
24		payments by fiscal year for the current fiscal year and
25		the next 5 fiscal years.
26		(7) The anticipated source of funds to make lease
27		or installment purchase payments.
28		(8) Those items not anticipated to be financed upon
29		enactment of the budget for the fiscal year.
30		A copy of the Preliminary Official Statement shall also be
31		transmitted to the Executive Director of the Economic and
32		Fiscal Commission, to the Auditor General, to the President of
33		the Senate, the Minority Leader of the Senate, the Speaker of
34		the House of Representatives, the Minority Leader of the House

1		of Representatives, to the Chairs of the Appropriations
2		Committees, and to the Secretary of the Senate and Clerk of the
3		House at the time it is submitted for publication. After the
4		issuance of the certificates, a copy of the final official
5		statement accompanying the issuance shall be filed with the
6		Economic and Fiscal Commission, with the Auditor General, with
7		the President of the Senate, the Minority Leader of the Senate,
8		the Speaker of the House of Representatives, and the Minority
9		Leader of the House of Representatives, with the Chairs of the
10		Appropriations Committees, and with the Secretary of the Senate
11		and Clerk of the House.
12		(5) The Bureau of the Budget may, based on a cost
13		benefit analysis, issue general obligation bonds to
14		finance or refinance installment purchase or lease
15		purchase contracts entered into by State departments,
16		agencies, or universities or to refund or advance refund
17		prior issuances of certificates of participation or
18		similar instruments, including certificates of
19		participation issued under this Section and certificates
20		of participation issued before the effective date of this
21		amendatory Act of 1997.
22		(6) The Department of Central Management Services may
23		promulgate rules governing its issuance and conditions of
24		use of certificates of participation and similar
25		instruments.
26		(c) Amounts paid from appropriations for personal service
27		of any officer or employee of the State, either temporary or
28		regular, shall be considered as full payment for all services
29		rendered between the dates specified in the payroll or other
30		voucher and no additional sum shall be paid to such officer or
31		employee from any lump sum appropriation, appropriation for
32		extra help or other purpose or any accumulated balances in
33		specific appropriations, which payments would constitute in
34		fact an additional payment for work already performed and for

1		which remuneration had already been made, except that wage
2		payments made pursuant to the application of the prevailing
3		rate principle or based upon the effective date of a collective
4		bargaining agreement between the State, or a State agency and
5		an employee group, or payment of funds as an adjustment to
6		wages paid employees or officers of the State for the purpose
7		of correcting a clerical or administrative error or oversight
8		or pursuant to a backpay order issued by an appropriate State
9		or federal administrative or judicial body or officer shall not
10		be construed as an additional payment for work already
11		performed.
12		(d) Disbursements from appropriations which are subject to
13		the approval or certification of the Department of Central
14		Management Services are subject to the following restrictions.
15		Payments for personal service except for positions
16		specified in all appropriation Acts shall be made in conformity
17		with schedules and amendments thereto submitted by the
18		respective officers and approved by the Department of Central
19		Management Services before becoming effective. Such schedules
20		and amendments thereto may set up groups of employment showing
21		the approximate number to be employed, with fixed or minimum
22		and maximum salary rates.
23		This Section is subject to the provisions of Section 9.02.
24		(Source: P.A. 90-520, eff. 6-1-98; revised 8-23-03.)

25		(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
26		Sec. 13.2. Transfers among line item appropriations.
27		(a) Transfers among line item appropriations from the same
28		treasury fund for the objects specified in this Section may be
29		made in the manner provided in this Section when the balance
30		remaining in one or more such line item appropriations is
31		insufficient for the purpose for which the appropriation was
32		made.
33		(a-1) No transfers may be made from one agency to another

1		agency, nor may transfers be made from one institution of
2		higher education to another institution of higher education.
3		(a-2) Except as otherwise provided in this Section,
4		transfers Transfers may be made only among the objects of
5		expenditure enumerated in this Section, except that no funds
6		may be transferred from any appropriation for personal
7		services, from any appropriation for State contributions to the
8		State Employees' Retirement System, from any separate
9		appropriation for employee retirement contributions paid by
10		the employer, nor from any appropriation for State contribution
11		for employee group insurance. During State fiscal year 2005, an
12		agency may transfer amounts among its appropriations within the
13		same treasury fund for personal services, employee retirement
14		contributions paid by employer, and State Contributions to
15		retirement systems; notwithstanding and in addition to the
16		transfers authorized in subsection (c) of this Section, the
17		fiscal year 2005 transfers authorized in this sentence may be
18		made in an amount not to exceed 2% of the aggregate amount
19		appropriated to an agency within the same treasury fund.
20		(a-3) Further, if an agency receives a separate
21		appropriation for employee retirement contributions paid by
22		the employer, any transfer by that agency into an appropriation
23		for personal services must be accompanied by a corresponding
24		transfer into the appropriation for employee retirement
25		contributions paid by the employer, in an amount sufficient to
26		meet the employer share of the employee contributions required
27		to be remitted to the retirement system.
28		(b) In addition to the general transfer authority provided
29		under subsection (c), the following agencies have the specific
30		transfer authority granted in this subsection:
31		The Illinois Department of Public Aid is authorized to make
32		transfers representing savings attributable to not increasing
33		grants due to the births of additional children from line items
34		for payments of cash grants to line items for payments for

1		employment and social services for the purposes outlined in
2		subsection (f) of Section 4-2 of the Illinois Public Aid Code.
3		The Department of Children and Family Services is
4		authorized to make transfers not exceeding 2% of the aggregate
5		amount appropriated to it within the same treasury fund for the
6		following line items among these same line items: Foster Home
7		and Specialized Foster Care and Prevention, Institutions and
8		Group Homes and Prevention, and Purchase of Adoption and
9		Guardianship Services.
10		The Department on Aging is authorized to make transfers not
11		exceeding 2% of the aggregate amount appropriated to it within
12		the same treasury fund for the following Community Care Program
13		line items among these same line items: Homemaker and Senior
14		Companion Services, Case Coordination Units, and Adult Day Care
15		Services.
16		The State Treasurer is authorized to make transfers among
17		line item appropriations from the Capital Litigation Trust
18		Fund, with respect to costs incurred in fiscal years 2002 and
19		2003 only, when the balance remaining in one or more such line
20		item appropriations is insufficient for the purpose for which
21		the appropriation was made, provided that no such transfer may
22		be made unless the amount transferred is no longer required for
23		the purpose for which that appropriation was made.
24		(c) The sum of such transfers for an agency in a fiscal
25		year shall not exceed 2% of the aggregate amount appropriated
26		to it within the same treasury fund for the following objects:
27		Personal Services; Extra Help; Student and Inmate
28		Compensation; State Contributions to Retirement Systems; State
29		Contributions to Social Security; State Contribution for
30		Employee Group Insurance; Contractual Services; Travel;
31		Commodities; Printing; Equipment; Electronic Data Processing;
32		Operation of Automotive Equipment; Telecommunications
33		Services; Travel and Allowance for Committed, Paroled and
34		Discharged Prisoners; Library Books; Federal Matching Grants

1		for Student Loans; Refunds; Workers' Compensation,
2		Occupational Disease, and Tort Claims; and, in appropriations
3		to institutions of higher education, Awards and Grants.
4		Notwithstanding the above, any amounts appropriated for
5		payment of workers' compensation claims to an agency to which
6		the authority to evaluate, administer and pay such claims has
7		been delegated by the Department of Central Management Services
8		may be transferred to any other expenditure object where such
9		amounts exceed the amount necessary for the payment of such
10		claims.
11		(c-1) Special provisions for State fiscal year 2003.
12		Notwithstanding any other provision of this Section to the
13		contrary, for State fiscal year 2003 only, transfers among line
14		item appropriations to an agency from the same treasury fund
15		may be made provided that the sum of such transfers for an
16		agency in State fiscal year 2003 shall not exceed 3% of the
17		aggregate amount appropriated to that State agency for State
18		fiscal year 2003 for the following objects: personal services,
19		except that no transfer may be approved which reduces the
20		aggregate appropriations for personal services within an
21		agency; extra help; student and inmate compensation; State
22		contributions to retirement systems; State contributions to
23		social security; State contributions for employee group
24		insurance; contractual services; travel; commodities;
25		printing; equipment; electronic data processing; operation of
26		automotive equipment; telecommunications services; travel and
27		allowance for committed, paroled, and discharged prisoners;
28		library books; federal matching grants for student loans;
29		refunds; workers' compensation, occupational disease, and tort
30		claims; and, in appropriations to institutions of higher
31		education, awards and grants.
32		(c-2) Special provisions for State fiscal year 2005.
33		Notwithstanding subsections (a), (a-2), and (c), for State
34		fiscal year 2005 only, transfers may be made among any line

1		item appropriations from the same or any other treasury fund
2		for any objects or purposes, without limitation, when the
3		balance remaining in one or more such line item appropriations
4		is insufficient for the purpose for which the appropriation was
5		made, provided that the sum of those transfers by a State
6		agency shall not exceed 4% of the aggregate amount appropriated
7		to that State agency for fiscal year 2005.
8		(d) Transfers among appropriations made to agencies of the
9		Legislative and Judicial departments and to the
10		constitutionally elected officers in the Executive branch
11		require the approval of the officer authorized in Section 10 of
12		this Act to approve and certify vouchers. Transfers among
13		appropriations made to the University of Illinois, Southern
14		Illinois University, Chicago State University, Eastern
15		Illinois University, Governors State University, Illinois
16		State University, Northeastern Illinois University, Northern
17		Illinois University, Western Illinois University, the Illinois
18		Mathematics and Science Academy and the Board of Higher
19		Education require the approval of the Board of Higher Education
20		and the Governor. Transfers among appropriations to all other
21		agencies require the approval of the Governor.
22		The officer responsible for approval shall certify that the
23		transfer is necessary to carry out the programs and purposes
24		for which the appropriations were made by the General Assembly
25		and shall transmit to the State Comptroller a certified copy of
26		the approval which shall set forth the specific amounts
27		transferred so that the Comptroller may change his records
28		accordingly. The Comptroller shall furnish the Governor with
29		information copies of all transfers approved for agencies of
30		the Legislative and Judicial departments and transfers
31		approved by the constitutionally elected officials of the
32		Executive branch other than the Governor, showing the amounts
33		transferred and indicating the dates such changes were entered
34		on the Comptroller's records.

1		(Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03;
2		93-680, eff. 7-1-04.)

3		(30 ILCS 105/14) (from Ch. 127, par. 150)
4		Sec. 14. The item "personal services", when used in an
5		appropriation Act, means the reward or recompense made for
6		personal services rendered for the State by an officer or
7		employee of the State or of an instrumentality thereof, or for
8		the purpose of Section 14a of this Act, or any amount required
9		or authorized to be deducted from the salary of any such person
10		under the provisions of Section 30c of this Act, or any
11		retirement or tax law, or both, or deductions from the salary
12		of any such person under the Social Security Enabling Act or
13		deductions from the salary of such person pursuant to the
14		Voluntary Payroll Deductions Act of 1983.
15		If no home is furnished to a person who is a full-time
16		chaplain employed by the State or a former full-time chaplain
17		retired from State employment, 20% of the salary or pension
18		paid to that person for his personal services to the State as
19		chaplain are considered to be a rental allowance paid to him to
20		rent or otherwise provide a home. This amendatory Act of 1973
21		applies to State salary amounts received after December 31,
22		1973.
23		When any appropriation payable from trust funds or federal
24		funds includes an item for personal services but does not
25		include a separate item for State contribution for employee
26		group insurance, the State contribution for employee group
27		insurance in relation to employees paid under that personal
28		services line item shall also be payable under that personal
29		services line item.
30		When any appropriation payable from trust funds or federal
31		funds includes an item for personal services but does not
32		include a separate item for employee retirement contributions
33		paid by the employer, the State contribution for employee

1		retirement contributions paid by the employer in relation to
2		employees paid under that personal services line item shall
3		also be payable under that personal services line item.
4		The item "personal services", when used in an appropriation
5		Act, shall also mean and include a payment to a State
6		retirement system by a State agency to discharge a debt arising
7		from the over-refund to an employee of retirement
8		contributions. The payment to a State retirement system
9		authorized by this paragraph shall not be construed to release
10		the employee from his or her obligation to return to the State
11		the amount of the over-refund.
12		The item "personal services", when used in an appropriation
13		Act, also includes a payment to reimburse the Department of
14		Central Management Services for temporary total disability
15		benefit payments in accordance with subdivision (9) of Section
16		405-105 of the Department of Central Management Services Law
17		(20 ILCS 405/405-105).
18		Beginning July 1, 1993, the item "personal services" and
19		related line items, when used in an appropriation Act or this
20		Act, shall also mean and include back wage claims of State
21		officers and employees to the extent those claims have not been
22		satisfied from the back wage appropriation to the Department of
23		Central Management Services in the preceding fiscal year, as
24		provided in Section 14b of this Act and subdivision (13) of
25		Section 405-105 of the Department of Central Management
26		Services Law (20 ILCS 405/405-105).
27		The item "personal services", when used with respect to
28		State police officers in an appropriation Act, also includes a
29		payment for the burial expenses of a State police officer
30		killed in the line of duty, made in accordance with Section
31		12.2 of the State Police Act and any rules adopted under that
32		Section.
33		For State fiscal year 2005, the item "personal services",
34		when used in an appropriation Act, also includes payments for

1		employee retirement contributions paid by the employer.
2		(Source: P.A. 90-178, eff. 7-23-97; 91-239, eff. 1-1-00.)

3		(30 ILCS 105/14c new)
4		Sec. 14c. Prescription drug benefits. For contracts
5		entered into on or after the effective date of this amendatory
6		Act of the 93rd General Assembly, no appropriation may be
7		expended for prescription drug benefits under the State
8		Employees Group Insurance Act of 1971 unless the benefit
9		program allows all prescription drug benefits to be provided on
10		the same terms and conditions by any willing provider that is
11		qualified for network participation and is authorized to
12		dispense prescription drugs.

13		(30 ILCS 105/24.11 new)
14		Sec. 24.11. "State contributions to Employees' Retirement
15		System" defined. The item "State contributions to Employees'
16		Retirement System", when used in an appropriation Act, shall
17		include an additional amount determined by the State Employees'
18		Retirement System to be paid over by the State Employees'
19		Retirement System to the General Obligation Bond Retirement and
20		Interest Fund to be used to pay principal of and interest on
21		those general obligation bonds due that fiscal year authorized
22		by subsection (a) of Section 7.2 of the General Obligation Bond
23		Act and issued to provide the proceeds deposited by the State
24		with the State Employees' Retirement System in July 2004,
25		representing deposits other than amounts reserved under
26		subsection (c) of Section 7.2 of the General Obligation Bond
27		Act.

28		(30 ILCS 105/25) (from Ch. 127, par. 161)
29		Sec. 25. Fiscal year limitations.
30		(a) All appropriations shall be available for expenditure
31		for the fiscal year or for a lesser period if the Act making

1		that appropriation so specifies. A deficiency or emergency
2		appropriation shall be available for expenditure only through
3		June 30 of the year when the Act making that appropriation is
4		enacted unless that Act otherwise provides.
5		(b) Outstanding liabilities as of June 30, payable from
6		appropriations which have otherwise expired, may be paid out of
7		the expiring appropriations during the 2-month period ending at
8		the close of business on August 31. Any service involving
9		professional or artistic skills or any personal services by an
10		employee whose compensation is subject to income tax
11		withholding must be performed as of June 30 of the fiscal year
12		in order to be considered an "outstanding liability as of June
13		30" that is thereby eligible for payment out of the expiring
14		appropriation.
15		However, payment of tuition reimbursement claims under
16		Section 14-7.03 or 18-3 of the School Code may be made by the
17		State Board of Education from its appropriations for those
18		respective purposes for any fiscal year, even though the claims
19		reimbursed by the payment may be claims attributable to a prior
20		fiscal year, and payments may be made at the direction of the
21		State Superintendent of Education from the fund from which the
22		appropriation is made without regard to any fiscal year
23		limitations.
24		Medical payments may be made by the Department of Veterans'
25		Affairs from its appropriations for those purposes for any
26		fiscal year, without regard to the fact that the medical
27		services being compensated for by such payment may have been
28		rendered in a prior fiscal year.
29		Medical payments may be made by the Department of Public
30		Aid and child care payments may be made by the Department of
31		Human Services (as successor to the Department of Public Aid)
32		from appropriations for those purposes for any fiscal year,
33		without regard to the fact that the medical or child care
34		services being compensated for by such payment may have been

1		rendered in a prior fiscal year; and payments may be made at
2		the direction of the Department of Central Management Services
3		from the Health Insurance Reserve Fund and the Local Government
4		Health Insurance Reserve Fund without regard to any fiscal year
5		limitations.
6		Additionally, payments may be made by the Department of
7		Human Services from its appropriations, or any other State
8		agency from its appropriations with the approval of the
9		Department of Human Services, from the Immigration Reform and
10		Control Fund for purposes authorized pursuant to the
11		Immigration Reform and Control Act of 1986, without regard to
12		any fiscal year limitations.
13		Further, with respect to costs incurred in fiscal years
14		2002 and 2003 only, payments may be made by the State Treasurer
15		from its appropriations from the Capital Litigation Trust Fund
16		without regard to any fiscal year limitations.
17		Lease payments may be made by the Department of Central
18		Management Services under the sale and leaseback provisions of
19		Section 7.4 of the State Property Control Act with respect to
20		the James R. Thompson Center and the Elgin Mental Health Center
21		and surrounding land from appropriations for that purpose
22		without regard to any fiscal year limitations.
23		Lease payments may be made under the sale and leaseback
24		provisions of Section 7.5 of the State Property Control Act
25		with respect to the Illinois State Toll Highway Authority
26		headquarters building and surrounding land without regard to
27		any fiscal year limitations.
28		(c) Further, payments may be made by the Department of
29		Public Health and the Department of Human Services (acting as
30		successor to the Department of Public Health under the
31		Department of Human Services Act) from their respective
32		appropriations for grants for medical care to or on behalf of
33		persons suffering from chronic renal disease, persons
34		suffering from hemophilia, rape victims, and premature and

1		high-mortality risk infants and their mothers and for grants
2		for supplemental food supplies provided under the United States
3		Department of Agriculture Women, Infants and Children
4		Nutrition Program, for any fiscal year without regard to the
5		fact that the services being compensated for by such payment
6		may have been rendered in a prior fiscal year.
7		(d) The Department of Public Health and the Department of
8		Human Services (acting as successor to the Department of Public
9		Health under the Department of Human Services Act) shall each
10		annually submit to the State Comptroller, Senate President,
11		Senate Minority Leader, Speaker of the House, House Minority
12		Leader, and the respective Chairmen and Minority Spokesmen of
13		the Appropriations Committees of the Senate and the House, on
14		or before December 31, a report of fiscal year funds used to
15		pay for services provided in any prior fiscal year. This report
16		shall document by program or service category those
17		expenditures from the most recently completed fiscal year used
18		to pay for services provided in prior fiscal years.
19		(e) The Department of Public Aid and the Department of
20		Human Services (acting as successor to the Department of Public
21		Aid) shall each annually submit to the State Comptroller,
22		Senate President, Senate Minority Leader, Speaker of the House,
23		House Minority Leader, the respective Chairmen and Minority
24		Spokesmen of the Appropriations Committees of the Senate and
25		the House, on or before November 30, a report that shall
26		document by program or service category those expenditures from
27		the most recently completed fiscal year used to pay for (i)
28		services provided in prior fiscal years and (ii) services for
29		which claims were received in prior fiscal years.
30		(f) The Department of Human Services (as successor to the
31		Department of Public Aid) shall annually submit to the State
32		Comptroller, Senate President, Senate Minority Leader, Speaker
33		of the House, House Minority Leader, and the respective
34		Chairmen and Minority Spokesmen of the Appropriations

1		Committees of the Senate and the House, on or before December
2		31, a report of fiscal year funds used to pay for services
3		(other than medical care) provided in any prior fiscal year.
4		This report shall document by program or service category those
5		expenditures from the most recently completed fiscal year used
6		to pay for services provided in prior fiscal years.
7		(g) In addition, each annual report required to be
8		submitted by the Department of Public Aid under subsection (e)
9		shall include the following information with respect to the
10		State's Medicaid program:
11		(1) Explanations of the exact causes of the variance
12		between the previous year's estimated and actual
13		liabilities.
14		(2) Factors affecting the Department of Public Aid's
15		liabilities, including but not limited to numbers of aid
16		recipients, levels of medical service utilization by aid
17		recipients, and inflation in the cost of medical services.
18		(3) The results of the Department's efforts to combat
19		fraud and abuse.
20		(h) As provided in Section 4 of the General Assembly
21		Compensation Act, any utility bill for service provided to a
22		General Assembly member's district office for a period
23		including portions of 2 consecutive fiscal years may be paid
24		from funds appropriated for such expenditure in either fiscal
25		year.
26		(i) An agency which administers a fund classified by the
27		Comptroller as an internal service fund may issue rules for:
28		(1) billing user agencies in advance for payments or
29		authorized inter-fund transfers based on estimated charges
30		for goods or services;
31		(2) issuing credits, refunding through inter-fund
32		transfers, or reducing future inter-fund transfers during
33		the subsequent fiscal year for all user agency payments or
34		authorized inter-fund transfers received during the prior

1		fiscal year which were in excess of the final amounts owed
2		by the user agency for that period; and
3		(3) issuing catch-up billings to user agencies during
4		the subsequent fiscal year for amounts remaining due when
5		payments or authorized inter-fund transfers received from
6		the user agency during the prior fiscal year were less than
7		the total amount owed for that period.
8		User agencies are authorized to reimburse internal service
9		funds for catch-up billings by vouchers drawn against their
10		respective appropriations for the fiscal year in which the
11		catch-up billing was issued or by increasing an authorized
12		inter-fund transfer during the current fiscal year. For the
13		purposes of this Act, "inter-fund transfers" means transfers
14		without the use of the voucher-warrant process, as authorized
15		by Section 9.01 of the State Comptroller Act.
16		(Source: P.A. 92-885, eff. 1-13-03; 93-19, eff. 6-20-03.)

17		Section 10-105. The State Officers and Employees Money
18		Disposition Act is amended by adding Section 5a as follows:
19		(30 ILCS 230/5a new)
20		Sec. 5a. The Secretary of State shall deposit all fees into
21		the funds specified in the statute imposing or authorizing the
22		fee no more than 30 days after receipt of the fee by the
23		Secretary of State.

24		Section 10-110. The General Obligation Bond Act is amended
25		by changing Sections 2, 8, 9, 11, and 16 and by adding Sections
26		2.5, 15.5, and 21 as follows:
27		(30 ILCS 330/2) (from Ch. 127, par. 652)
28		Sec. 2. Authorization for Bonds. The State of Illinois is
29		authorized to issue, sell and provide for the retirement of
30		General Obligation Bonds of the State of Illinois for the

1		categories and specific purposes expressed in Sections 2
2		through 8 of this Act, in the total amount of $27,658,149,369.
3		The bonds authorized in this Section 2 and in Section 16 of
4		this Act are herein called "Bonds".
5		Of the total amount of Bonds authorized in this Act, up to
6		$2,200,000,000 in aggregate original principal amount may be
7		issued and sold in accordance with the Baccalaureate Savings
8		Act in the form of General Obligation College Savings Bonds.
9		Of the total amount of Bonds authorized in this Act, up to
10		$300,000,000 in aggregate original principal amount may be
11		issued and sold in accordance with the Retirement Savings Act
12		in the form of General Obligation Retirement Savings Bonds.
13		Of the total amount of Bonds authorized in this Act, the
14		additional $10,000,000,000 authorized by this amendatory Act
15		of the 93rd General Assembly shall be used solely as provided
16		in Section 7.2.
17		The issuance and sale of Bonds pursuant to the General
18		Obligation Bond Act is an economical and efficient method of
19		financing the long-term capital and general operating needs of
20		the State. This Act will permit the issuance of a multi-purpose
21		General Obligation Bond with uniform terms and features. This
22		will not only lower the cost of registration but also reduce
23		the overall cost of issuing debt by improving the marketability
24		of Illinois General Obligation Bonds.
25		(Source: P.A. 92-13, eff. 6-22-01; 92-596, eff. 6-28-02;
26		92-598, eff. 6-28-02; 93-2, eff. 4-7-03.)
27		(30 ILCS 330/2.5 new)
28		Sec. 2.5. Limitation on issuance of Bonds.
29		(a) Except as provided in subsection (b), no Bonds may be
30		issued if, after the issuance, in the next State fiscal year
31		after the issuance of the Bonds, the amount of debt service
32		(including principal, whether payable at maturity or pursuant
33		to mandatory sinking fund installments, and interest) on all

1		then-outstanding Bonds would exceed 7% of the aggregate
2		appropriations from the general funds (which consist of the
3		General Revenue Fund, the Common School Fund, the General
4		Revenue Common School Special Account Fund, and the Education
5		Assistance Fund) and the Road Fund for the fiscal year
6		immediately prior to the fiscal year of the issuance.
7		(b) If the Comptroller and Treasurer each consent in
8		writing, Bonds may be issued even if the issuance does not
9		comply with subsection (a).
10		(30 ILCS 330/8) (from Ch. 127, par. 658)
11		Sec. 8. Bond sale expenses; capitalized interest.
12		(a) An amount not to exceed 0.5 percent of the principal
13		amount of the proceeds of sale of each bond sale is authorized
14		to be used to pay the reasonable costs of issuance and sale,
15		including, without limitation, underwriter's discounts and
16		fees, but excluding bond insurance, of State of Illinois
17		general obligation bonds authorized and sold pursuant to this
18		Act, provided that no salaries of State employees or other
19		State office operating expenses shall be paid out of
20		non-appropriated proceeds. The Governor's Office of Management
21		and Budget shall compile a summary of all costs of issuance on
22		each sale (including both costs paid out of proceeds and those
23		paid out of appropriated funds) and post that summary on its
24		web site within 20 business days after the issuance of the
25		Bonds. The summary shall include, as applicable, the respective
26		percentages of participation and compensation of each
27		underwriter that is a member of the underwriting syndicate,
28		legal counsel, financial advisors, and other professionals for
29		the bond issue and an identification of all costs of issuance
30		paid to minority owned businesses, female owned businesses, and
31		businesses owned by persons with disabilities. The terms
32		"minority owned businesses", "female owned businesses", and
33		"business owned by a person with a disability" have the

1		meanings given to those terms in the Business Enterprise for
2		Minorities, Females, and Persons with Disabilities Act. That
3		posting shall be maintained on the web site for a period of at
4		least 30 days. In addition, the Governor's Office of Management
5		and Budget shall provide a written copy of each summary of
6		costs to the Speaker and Minority Leader of the House of
7		Representatives, the President and Minority Leader of the
8		Senate, and the Illinois Economic and Fiscal Commission within
9		20 business days after each issuance of the Bonds. In addition,
10		the Governor's Office of Management and Budget shall provide
11		copies of all contracts under which any costs of issuance are
12		paid or to be paid to the Illinois Economic and Fiscal
13		Commission within 20 business days after the issuance of Bonds
14		for which those costs are paid or to be paid. Instead of filing
15		a second or subsequent copy of the same contract, the
16		Governor's Office of Management and Budget may file a statement
17		that specified costs are paid under specified contracts filed
18		earlier with the Commission.
19		(b) The Director of the Governor's Office of Management and
20		Budget shall not, in connection with the issuance of Bonds,
21		contract with any underwriter, financial advisor, or attorney
22		unless that underwriter, financial advisor, or attorney
23		certifies that the underwriter, financial advisor, or attorney
24		has not and will not pay a contingent fee, whether directly or
25		indirectly, to a third party for having promoted the selection
26		of the underwriter, financial advisor, or attorney for that
27		contract. In the event that the Governor's Office of Management
28		and Budget determines that an underwriter, financial advisor,
29		or attorney has filed a false certification with respect to the
30		payment of contingent fees, the Governor's Office of Management
31		and Budget shall not contract with that underwriter, financial
32		advisor, or attorney, or with any firm employing any person who
33		signed false certifications, for a period of 2 calendar years,
34		beginning with the date the determination is made. The validity

1		of Bonds issued under such circumstances of violation pursuant
2		to this Section shall not be affected. The Bond Sale Order may
3		provide for a portion of the proceeds of the bond sale,
4		representing up to 12 months' interest on the bonds, to be
5		deposited directly into the capitalized interest account of the
6		General Obligation Bond Retirement and Interest Fund.
7		(Source: P.A. 93-2, eff. 4-7-03.)
8		(30 ILCS 330/9) (from Ch. 127, par. 659)
9		Sec. 9. Conditions for Issuance and Sale of Bonds -
10		Requirements for Bonds.
11		(a) Except as otherwise provided in this subsection, Bonds
12		Bonds shall be issued and sold from time to time, in one or
13		more series, in such amounts and at such prices as may be
14		directed by the Governor, upon recommendation by the Director
15		of the Governor's Office of Management and Budget. Bonds shall
16		be in such form (either coupon, registered or book entry), in
17		such denominations, payable within 25 30 years from their date,
18		subject to such terms of redemption with or without premium,
19		bear interest payable at such times and at such fixed or
20		variable rate or rates, and be dated as shall be fixed and
21		determined by the Director of the Governor's Office of
22		Management and Budget in the order authorizing the issuance and
23		sale of any series of Bonds, which order shall be approved by
24		the Governor and is herein called a "Bond Sale Order"; provided
25		however, that interest payable at fixed or variable rates shall
26		not exceed that permitted in the Bond Authorization Act, as now
27		or hereafter amended. Bonds shall be payable at such place or
28		places, within or without the State of Illinois, and may be
29		made registrable as to either principal or as to both principal
30		and interest, as shall be specified in the Bond Sale Order.
31		Bonds may be callable or subject to purchase and retirement or
32		tender and remarketing as fixed and determined in the Bond Sale
33		Order. Bonds must be issued with principal or mandatory

1		redemption amounts in equal amounts, with the first maturity
2		issued occurring within the fiscal year in which the Bonds are
3		issued or within the next succeeding fiscal year, with Bonds
4		issued maturing or subject to mandatory redemption each fiscal
5		year thereafter up to 25 years.
6		In the case of any series of Bonds bearing interest at a
7		variable interest rate ("Variable Rate Bonds"), in lieu of
8		determining the rate or rates at which such series of Variable
9		Rate Bonds shall bear interest and the price or prices at which
10		such Variable Rate Bonds shall be initially sold or remarketed
11		(in the event of purchase and subsequent resale), the Bond Sale
12		Order may provide that such interest rates and prices may vary
13		from time to time depending on criteria established in such
14		Bond Sale Order, which criteria may include, without
15		limitation, references to indices or variations in interest
16		rates as may, in the judgment of a remarketing agent, be
17		necessary to cause Variable Rate Bonds of such series to be
18		remarketable from time to time at a price equal to their
19		principal amount, and may provide for appointment of a bank,
20		trust company, investment bank, or other financial institution
21		to serve as remarketing agent in that connection. The Bond Sale
22		Order may provide that alternative interest rates or provisions
23		for establishing alternative interest rates, different
24		security or claim priorities, or different call or amortization
25		provisions will apply during such times as Variable Rate Bonds
26		of any series are held by a person providing credit or
27		liquidity enhancement arrangements for such Bonds as
28		authorized in subsection (b) of this Section. The Bond Sale
29		Order may also provide for such variable interest rates to be
30		established pursuant to a process generally known as an auction
31		rate process and may provide for appointment of one or more
32		financial institutions to serve as auction agents and
33		broker-dealers in connection with the establishment of such
34		interest rates and the sale and remarketing of such Bonds.

1		(b) In connection with the issuance of any series of Bonds,
2		the State may enter into arrangements to provide additional
3		security and liquidity for such Bonds, including, without
4		limitation, bond or interest rate insurance or letters of
5		credit, lines of credit, bond purchase contracts, or other
6		arrangements whereby funds are made available to retire or
7		purchase Bonds, thereby assuring the ability of owners of the
8		Bonds to sell or redeem their Bonds. The State may enter into
9		contracts and may agree to pay fees to persons providing such
10		arrangements, but only under circumstances where the Director
11		of the Governor's Office of Management and Budget certifies
12		that he or she reasonably expects the total interest paid or to
13		be paid on the Bonds, together with the fees for the
14		arrangements (being treated as if interest), would not, taken
15		together, cause the Bonds to bear interest, calculated to their
16		stated maturity, at a rate in excess of the rate that the Bonds
17		would bear in the absence of such arrangements.
18		The State may, with respect to Bonds issued or anticipated
19		to be issued, participate in and enter into arrangements with
20		respect to interest rate protection or exchange agreements,
21		guarantees, or financial futures contracts for the purpose of
22		limiting, reducing, or managing interest rate exposure. The
23		authority granted under this paragraph, however, shall not
24		increase the principal amount of Bonds authorized to be issued
25		by law. The arrangements may be executed and delivered by the
26		Director of the Governor's Office of Management and Budget on
27		behalf of the State. Net payments for such arrangements shall
28		constitute interest on the Bonds and shall be paid from the
29		General Obligation Bond Retirement and Interest Fund. The
30		Director of the Governor's Office of Management and Budget
31		shall at least annually certify to the Governor and the State
32		Comptroller his or her estimate of the amounts of such net
33		payments to be included in the calculation of interest required
34		to be paid by the State.

1		(c) Prior to the issuance of any Variable Rate Bonds
2		pursuant to subsection (a), the Director of the Governor's
3		Office of Management and Budget shall adopt an interest rate
4		risk management policy providing that the amount of the State's
5		variable rate exposure with respect to Bonds shall not exceed
6		20%. This policy shall remain in effect while any Bonds are
7		outstanding and the issuance of Bonds shall be subject to the
8		terms of such policy. The terms of this policy may be amended
9		from time to time by the Director of the Governor's Office of
10		Management and Budget but in no event shall any amendment cause
11		the permitted level of the State's variable rate exposure with
12		respect to Bonds to exceed 20%.
13		(Source: P.A. 92-16, eff. 6-28-01; 93-9, eff. 6-3-03; 93-666,
14		eff. 3-5-04.)
15		(30 ILCS 330/11) (from Ch. 127, par. 661)
16		Sec. 11. Sale of Bonds. Except as otherwise provided in
17		this Section, Bonds shall be sold from time to time pursuant to
18		notice of sale and public bid or by negotiated sale in such
19		amounts and at such times as is directed by the Governor, upon
20		recommendation by the Director of the Governor's Office of
21		Management and Budget. At least 25%, based on total principal
22		amount, of all Bonds issued each fiscal year shall be sold
23		pursuant to notice of sale and public bid. At all times during
24		each fiscal year, no more than 75%, based on total principal
25		amount, of the Bonds issued each fiscal year, shall have been
26		sold by negotiated sale. Failure to satisfy the requirements in
27		the preceding 2 sentences shall not affect the validity of any
28		previously issued Bonds Bureau of the Budget.
29		If any Bonds, including refunding Bonds, are to be sold by
30		negotiated sale, the Director of the Governor's Office of
31		Management and Budget Bureau of the Budget shall comply with
32		the competitive request for proposal process set forth in the
33		Illinois Procurement Code and all other applicable

1		requirements of that Code.
2		If Bonds are to be sold pursuant to notice of sale and
3		public bid, the Director of the Governor's Office of Management
4		and Budget Bureau of the Budget shall, from time to time, as
5		Bonds are to be sold, advertise the sale of the Bonds in at
6		least 2 two daily newspapers, one of which is published in the
7		City of Springfield and one in the City of Chicago. The sale of
8		the Bonds shall also be advertised in the volume of the
9		Illinois Procurement Bulletin that is published by the
10		Department of Central Management Services. Each of the
11		advertisements for proposals shall be published once at least
12		10 days prior to the date fixed for the opening of the bids.
13		The Director of the Governor's Office of Management and Budget
14		Bureau of the Budget may reschedule the date of sale upon the
15		giving of such additional notice as the Director deems adequate
16		to inform prospective bidders of such change; provided,
17		however, that all other conditions of the sale shall continue
18		as originally advertised.
19		Executed Bonds shall, upon payment therefor, be delivered
20		to the purchaser, and the proceeds of Bonds shall be paid into
21		the State Treasury as directed by Section 12 of this Act.
22		(Source: P.A. 91-39, eff. 6-15-99; revised 8-23-03.)
23		(30 ILCS 330/15.5 new)
24		Sec. 15.5. Compliance with the Business Enterprise for
25		Minorities, Females, and Persons with Disabilities Act.
26		Notwithstanding any other provision of law, the Governor's
27		Office of Management and Budget shall comply with the Business
28		Enterprise for Minorities, Females, and Persons with
29		Disabilities Act.
30		(30 ILCS 330/16) (from Ch. 127, par. 666)
31		Sec. 16. Refunding Bonds. The State of Illinois is
32		authorized to issue, sell, and provide for the retirement of

1		General Obligation Bonds of the State of Illinois in the amount
2		of $2,839,025,000, at any time and from time to time
3		outstanding, for the purpose of refunding any State of Illinois
4		general obligation Bonds then outstanding, including the
5		payment of any redemption premium thereon, any reasonable
6		expenses of such refunding, any interest accrued or to accrue
7		to the earliest or any subsequent date of redemption or
8		maturity of such outstanding Bonds and any interest to accrue
9		to the first interest payment on the refunding Bonds; provided
10		that all non-refunding Bonds in an issue that includes such
11		refunding Bonds shall mature no later than the final maturity
12		date of Bonds being refunded; provided that no refunding Bonds
13		shall be offered for sale unless the net present value of debt
14		service savings to be achieved by the issuance of the refunding
15		Bonds is 3% or more of the principal amount of the refunding
16		Bonds to be issued; and further provided that the maturities of
17		the refunding Bonds shall not extend beyond the maturities of
18		the Bonds they refund, so that for each fiscal year in the
19		maturity schedule of a particular issue of refunding Bonds, the
20		total amount of refunding principal maturing and redemption
21		amounts due in that fiscal year and all prior fiscal years in
22		that schedule shall be greater than or equal to the total
23		amount of refunded principal and redemption amounts that had
24		been due over that year and all prior fiscal years prior to the
25		refunding.
26		Refunding Bonds may be sold from time to time pursuant to
27		notice of sale and public bid or by negotiated sale in such
28		amounts and at such times, as directed by the Governor, upon
29		recommendation by the Director of the Bureau of the Budget. The
30		Governor shall notify the State Treasurer and Comptroller of
31		such refunding. The proceeds received from the sale of
32		refunding Bonds shall be used for the retirement at maturity or
33		redemption of such outstanding Bonds on any maturity or
34		redemption date and, pending such use, shall be placed in

1		escrow, subject to such terms and conditions as shall be
2		provided for in the Bond Sale Order relating to the Refunding
3		Bonds. Proceeds not needed for deposit in an escrow account
4		shall be deposited in the General Obligation Bond Retirement
5		and Interest Fund. This Act shall constitute an irrevocable and
6		continuing appropriation of all amounts necessary to establish
7		an escrow account for the purpose of refunding outstanding
8		general obligation Bonds and to pay the reasonable expenses of
9		such refunding and of the issuance and sale of the refunding
10		Bonds. Any such escrowed proceeds may be invested and
11		reinvested in direct obligations of the United States of
12		America, maturing at such time or times as shall be appropriate
13		to assure the prompt payment, when due, of the principal of and
14		interest and redemption premium, if any, on the refunded Bonds.
15		After the terms of the escrow have been fully satisfied, any
16		remaining balance of such proceeds and interest, income and
17		profits earned or realized on the investments thereof shall be
18		paid into the General Revenue Fund. The liability of the State
19		upon the Bonds shall continue, provided that the holders
20		thereof shall thereafter be entitled to payment only out of the
21		moneys deposited in the escrow account.
22		Except as otherwise herein provided in this Section, such
23		refunding Bonds shall in all other respects be subject to the
24		terms and conditions of this Act.
25		(Source: P.A. 91-39, eff. 6-15-99; 91-53, eff. 6-30-99; 91-710,
26		eff. 5-17-00; revised 8-23-03.)
27		(30 ILCS 330/21 new)
28		Sec. 21. Truth in borrowing disclosures.
29		(a) Within 20 business days after the issuance of any Bonds
30		under this Act, the Director of the Governor's Office of
31		Management and Budget shall publish a truth in borrowing
32		disclosure that discloses the total principal and interest
33		payments to be paid on the Bonds over the full stated term of

1		the Bonds. The disclosure also shall include principal and
2		interest payments to be made by each fiscal year over the full
3		stated term of the Bonds and total principal and interest
4		payments to be made by each fiscal year on all other
5		outstanding Bonds issued under this Act over the full stated
6		terms of those Bonds.
7		(b) Within 20 business days after the issuance of any
8		refunding bonds under Section 16 of this Act, the Director of
9		the Governor's Office of Management and Budget shall publish a
10		truth in borrowing disclosure that discloses the estimated
11		present-valued savings to be obtained through the refunding, in
12		total and by each fiscal year that the refunding Bonds may be
13		outstanding.
14		(c) The disclosures required in subsections (a) and (b)
15		shall be published by posting the disclosures for no less than
16		30 days on the web site of the Governor's Office of Management
17		and Budget and by providing the disclosures in written form to
18		the Illinois Economic and Fiscal Commission. These disclosures
19		shall be calculated assuming Bonds are not redeemed or refunded
20		prior to their stated maturities. Amounts included in these
21		disclosures as payment of interest on variable rate Bonds shall
22		be computed at an interest rate equal to the rate at which the
23		variable rate Bonds are first set upon issuance, plus 2.5%,
24		after taking into account any credits permitted in the related
25		indenture or other instrument against the amount of such
26		interest for each fiscal year. Amounts included in these
27		disclosures as payment of interest on variable rate Bonds shall
28		include the amounts certified by the Director of the Governor's
29		Office of Management and Budget under subsection (b) of Section
30		9 of this Act.

31		Section 10-115. The Metropolitan Civic Center Support Act
32		is amended by changing Section 14 as follows:

1		(30 ILCS 355/14) (from Ch. 85, par. 1397g)
2		Sec. 14. (a) To provide for the manner of repayment of
3		Bonds, the Governor shall include an appropriation in each
4		annual State Budget of monies in such amount as shall be
5		necessary and sufficient, for the period covered by such
6		budget, to pay the interest, as it shall accrue, on all Bonds
7		issued under this Act, to pay and discharge the principal of
8		such Bonds as shall, by their terms fall due during such period
9		and to pay a premium, if any, on Bonds to be redeemed prior to
10		the maturity date and to replenish any reserve fund as may be
11		required under any trust indenture.
12		(b) A separate fund in the State Treasury called the
13		"Illinois Civic Center Bond Retirement and Interest Fund" is
14		hereby created.
15		(c) The Governor's Office of Management and Budget
16		Department shall pay subject to annual appropriation by the
17		General Assembly the principal of, interest on, and premium, if
18		any, on Bonds sold under this Act from the Bond Retirement
19		Fund.
20		(Source: P.A. 84-245.)

21		Section 10-120. The Build Illinois Bond Act is amended by
22		changing Sections 3, 5, 6, 8, 9, and 15 and by adding Sections
23		8.3 and 8.5 as follows:
24		(30 ILCS 425/3) (from Ch. 127, par. 2803)
25		Sec. 3. Findings. The General Assembly hereby makes the
26		following findings and determinations:
27		(a) The issuance and sale of Bonds pursuant to this Act is
28		an economical and efficient method of financing long-term
29		capital needs, including certain of the purposes of the State,
30		as set forth in Section 4 hereof.
31		(b) This Act will permit the issuance of Bonds, from time
32		to time, for various purposes and with varying terms, features

1		and conditions in order to enhance marketability and lower
2		interest costs incurred by the State. Subsection (a) of Section
3		6 of this Act authorizes the issuance, from time to time, of
4		Bonds in one or more series, in such principal amounts, bearing
5		interest at such fixed rates or variable rates and having such
6		other terms and provisions as designated State officers may fix
7		and determine pursuant to the authority delegated under this
8		Act. Subsection (b) of Section 6 of this Act authorizes, in
9		connection with the issuance of and as security for any series
10		of Bonds, the purchase of bond or interest rate insurance, the
11		establishment of credit and liquidity enhancement arrangements
12		with financial institutions, and participation in interest
13		rate swaps or guarantee agreements or other arrangements to
14		limit interest rate risk.
15		(c) The financing of the facilities and other purposes
16		described in Section 4 of this Act through the issuance of
17		Bonds will involve numerous expenditures over extended periods
18		of time, all of which expenditures shall be made only pursuant
19		to and in conformity with appropriations from Bond proceeds by
20		the General Assembly prior to the making of such expenditures.
21		(d) Determinations with respect to (i) advantageous timing
22		and amounts of such expenditures for particular approved
23		facilities or purposes, (ii) establishing an advantageous mix
24		of short-term and long-term debt instruments under bond market
25		conditions prevailing from time to time, and (iii) specific
26		allocations of Bond proceeds to particular facilities and
27		purposes should be based upon financial, engineering and
28		construction management judgments made from time to time.
29		(e) The State's ability to issue Bonds from time to time,
30		without further action by the General Assembly, in separate
31		series, in various principal amounts and with various interest
32		rates, maturities, redemption provisions and other terms will
33		enhance the State's opportunities to obtain such financing as
34		needed, upon favorable terms.

1		In order to provide for flexibility in meeting the
2		financial, engineering and construction needs of the State and
3		its agencies and departments and in order to provide continuing
4		and adequate financing for the aforesaid purposes on favorable
5		terms, the delegations of authority to the Governor, the
6		Director of the Governor's Office of Management and Budget
7		Bureau of the Budget, the State Comptroller, the State
8		Treasurer and other officers of the State which are contained
9		in this Act are necessary and desirable because this General
10		Assembly cannot itself as understandingly, advantageously,
11		expeditiously or conveniently exercise such authority and make
12		such specific determinations.
13		(Source: P.A. 84-111; revised 8-23-03.)
14		(30 ILCS 425/5) (from Ch. 127, par. 2805)
15		Sec. 5. Bond Sale Expenses.
16		(a) An amount not to exceed 0.5% of the principal amount of
17		the proceeds of the sale of each bond sale is authorized to be
18		used to pay necessary to pay the reasonable costs of each
19		issuance and sale of Bonds authorized and sold pursuant to this
20		Act, including, without limitation, underwriter's discounts
21		and fees, but excluding bond insurance, advertising, printing,
22		bond rating, travel of outside vendors, security, delivery,
23		legal and financial advisory services, insurance, initial fees
24		of trustees, registrars, paying agents and other fiduciaries,
25		initial costs of credit or liquidity enhancement arrangements,
26		initial fees of indexing and remarketing agents, and initial
27		costs of interest rate swaps, guarantees or arrangements to
28		limit interest rate risk, as determined in the related Bond
29		Sale Order, is hereby authorized to be paid from the proceeds
30		of each Bond sale, provided that no salaries of State employees
31		or other State office operating expenses shall be paid out of
32		non-appropriated proceeds. The Governor's Office of Management
33		and Budget shall compile a summary of all costs of issuance on

1		each sale (including both costs paid out of proceeds and those
2		paid out of appropriated funds) and post that summary on its
3		web site within 20 business days after the issuance of the
4		bonds. That posting shall be maintained on the web site for a
5		period of at least 30 days. In addition, the Governor's Office
6		of Management and Budget shall provide a written copy of each
7		summary of costs to the Speaker and Minority Leader of the
8		House of Representatives, the President and Minority Leader of
9		the Senate, and the Illinois Economic and Fiscal Commission
10		within 20 business days after each issuance of the bonds. This
11		summary shall include, as applicable, the respective
12		percentage of participation and compensation of each
13		underwriter that is a member of the underwriting syndicate,
14		legal counsel, financial advisors, and other professionals for
15		the Bond issue, and an identification of all costs of issuance
16		paid to minority owned businesses, female owned businesses, and
17		businesses owned by persons with disabilities. The terms
18		"minority owned businesses", "female owned businesses", and
19		"business owned by a person with a disability" have the
20		meanings given to those terms in the Business Enterprise for
21		Minorities, Females, and Persons with Disabilities Act. In
22		addition, the Governor's Office of Management and Budget shall
23		provide copies of all contracts under which any costs of
24		issuance are paid or to be paid to the Illinois Economic and
25		Fiscal Commission within 20 business days after the issuance of
26		Bonds for which those costs are paid or to be paid. Instead of
27		filing a second or subsequent copy of the same contract, the
28		Governor's Office of Management and Budget may file a statement
29		that specified costs are paid under specified contracts filed
30		earlier with the Commission.
31		(b) The Director of the Governor's Office of Management and
32		Budget shall not, in connection with the issuance of Bonds,
33		contract with any underwriter, financial advisor, or attorney
34		unless that underwriter, financial advisor, or attorney

1		certifies that the underwriter, financial advisor, or attorney
2		has not and will not pay a contingent fee, whether directly or
3		indirectly, to any third party for having promoted the
4		selection of the underwriter, financial advisor, or attorney
5		for that contract. In the event that the Governor's Office of
6		Management and Budget determines that an underwriter,
7		financial advisor, or attorney has filed a false certification
8		with respect to the payment of contingent fees, the Governor's
9		Office of Management and Budget shall not contract with that
10		underwriter, financial advisor, or attorney, or with any firm
11		employing any person who signed false certifications, for a
12		period of 2 calendar years, beginning with the date the
13		determination is made. The validity of Bonds issued under such
14		circumstances of violation pursuant to this Section shall not
15		be affected.
16		(Source: P.A. 84-111.)
17		(30 ILCS 425/6) (from Ch. 127, par. 2806)
18		Sec. 6. Conditions for Issuance and Sale of Bonds -
19		Requirements for Bonds - Master and Supplemental Indentures -
20		Credit and Liquidity Enhancement. (a) Bonds shall be issued and
21		sold from time to time, in one or more series, in such amounts
22		and at such prices as directed by the Governor, upon
23		recommendation by the Director of the Governor's Office of
24		Management and Budget Bureau of the Budget. Bonds shall be
25		payable only from the specific sources and secured in the
26		manner provided in this Act. Bonds shall be in such form, in
27		such denominations, mature on such dates within 25 30 years
28		from their date of issuance, be subject to optional or
29		mandatory redemption, bear interest payable at such times and
30		at such rate or rates, fixed or variable, and be dated as shall
31		be fixed and determined by the Director of the Governor's
32		Office of Management and Budget Bureau of the Budget in an
33		order authorizing the issuance and sale of any series of Bonds,

1		which order shall be approved by the Governor and is herein
2		called a "Bond Sale Order"; provided, however, that interest
3		payable at fixed rates shall not exceed that permitted in "An
4		Act to authorize public corporations to issue bonds, other
5		evidences of indebtedness and tax anticipation warrants
6		subject to interest rate limitations set forth therein",
7		approved May 26, 1970, as now or hereafter amended, and
8		interest payable at variable rates shall not exceed the maximum
9		rate permitted in the Bond Sale Order. Said Bonds shall be
10		payable at such place or places, within or without the State of
11		Illinois, and may be made registrable as to either principal
12		only or as to both principal and interest, as shall be
13		specified in the Bond Sale Order. Bonds may be callable or
14		subject to purchase and retirement or remarketing as fixed and
15		determined in the Bond Sale Order. Bonds must be issued with
16		principal or mandatory redemption amounts in equal amounts,
17		with the first maturity issued occurring within the fiscal year
18		in which the Bonds are issued or within the next succeeding
19		fiscal year, with Bonds issued maturing or subject to mandatory
20		redemption each fiscal year thereafter up to 25 years.
21		All Bonds authorized under this Act shall be issued
22		pursuant to a master trust indenture ("Master Indenture")
23		executed and delivered on behalf of the State by the Director
24		of the Governor's Office of Management and Budget Bureau of the
25		Budget, such Master Indenture to be in substantially the form
26		approved in the Bond Sale Order authorizing the issuance and
27		sale of the initial series of Bonds issued under this Act. Such
28		initial series of Bonds may, and each subsequent series of
29		Bonds shall, also be issued pursuant to a supplemental trust
30		indenture ("Supplemental Indenture") executed and delivered on
31		behalf of the State by the Director of the Governor's Office of
32		Management and Budget Bureau of the Budget, each such
33		Supplemental Indenture to be in substantially the form approved
34		in the Bond Sale Order relating to such series. The Master

1		Indenture and any Supplemental Indenture shall be entered into
2		with a bank or trust company in the State of Illinois having
3		trust powers and possessing capital and surplus of not less
4		than $100,000,000. Such indentures shall set forth the terms
5		and conditions of the Bonds and provide for payment of and
6		security for the Bonds, including the establishment and
7		maintenance of debt service and reserve funds, and for other
8		protections for holders of the Bonds. The term "reserve funds"
9		as used in this Act shall include funds and accounts
10		established under indentures to provide for the payment of
11		principal of and premium and interest on Bonds, to provide for
12		the purchase, retirement or defeasance of Bonds, to provide for
13		fees of trustees, registrars, paying agents and other
14		fiduciaries and to provide for payment of costs of and debt
15		service payable in respect of credit or liquidity enhancement
16		arrangements, interest rate swaps or guarantees or financial
17		futures contracts and indexing and remarketing agents'
18		services.
19		In the case of any series of Bonds bearing interest at a
20		variable interest rate ("Variable Rate Bonds"), in lieu of
21		determining the rate or rates at which such series of Variable
22		Rate Bonds shall bear interest and the price or prices at which
23		such Variable Rate Bonds shall be initially sold or remarketed
24		(in the event of purchase and subsequent resale), the Bond Sale
25		Order may provide that such interest rates and prices may vary
26		from time to time depending on criteria established in such
27		Bond Sale Order, which criteria may include, without
28		limitation, references to indices or variations in interest
29		rates as may, in the judgment of a remarketing agent, be
30		necessary to cause Bonds of such series to be remarketable from
31		time to time at a price equal to their principal amount (or
32		compound accreted value in the case of original issue discount
33		Bonds), and may provide for appointment of indexing agents and
34		a bank, trust company, investment bank or other financial

1		institution to serve as remarketing agent in that connection.
2		The Bond Sale Order may provide that alternative interest rates
3		or provisions for establishing alternative interest rates,
4		different security or claim priorities or different call or
5		amortization provisions will apply during such times as Bonds
6		of any series are held by a person providing credit or
7		liquidity enhancement arrangements for such Bonds as
8		authorized in subsection (b) of Section 6 of this Act.
9		(b) In connection with the issuance of any series of Bonds,
10		the State may enter into arrangements to provide additional
11		security and liquidity for such Bonds, including, without
12		limitation, bond or interest rate insurance or letters of
13		credit, lines of credit, bond purchase contracts or other
14		arrangements whereby funds are made available to retire or
15		purchase Bonds, thereby assuring the ability of owners of the
16		Bonds to sell or redeem their Bonds. The State may enter into
17		contracts and may agree to pay fees to persons providing such
18		arrangements, but only under circumstances where the Director
19		of the Bureau of the Budget (now Governor's Office of
20		Management and Budget) certifies that he reasonably expects the
21		total interest paid or to be paid on the Bonds, together with
22		the fees for the arrangements (being treated as if interest),
23		would not, taken together, cause the Bonds to bear interest,
24		calculated to their stated maturity, at a rate in excess of the
25		rate which the Bonds would bear in the absence of such
26		arrangements. Any bonds, notes or other evidences of
27		indebtedness issued pursuant to any such arrangements for the
28		purpose of retiring and discharging outstanding Bonds shall
29		constitute refunding Bonds under Section 15 of this Act. The
30		State may participate in and enter into arrangements with
31		respect to interest rate swaps or guarantees or financial
32		futures contracts for the purpose of limiting or restricting
33		interest rate risk; provided that such arrangements shall be
34		made with or executed through banks having capital and surplus

1		of not less than $100,000,000 or insurance companies holding
2		the highest policyholder rating accorded insurers by A.M. Best &
3		Co. or any comparable rating service or government bond
4		dealers reporting to, trading with, and recognized as primary
5		dealers by a Federal Reserve Bank and having capital and
6		surplus of not less than $100,000,000, or other persons whose
7		debt securities are rated in the highest long-term categories
8		by both Moody's Investors' Services, Inc. and Standard & Poor's
9		Corporation. Agreements incorporating any of the foregoing
10		arrangements may be executed and delivered by the Director of
11		the Governor's Office of Management and Budget Bureau of the
12		Budget on behalf of the State in substantially the form
13		approved in the Bond Sale Order relating to such Bonds.
14		(Source: P.A. 84-111; revised 8-23-03.)
15		(30 ILCS 425/8) (from Ch. 127, par. 2808)
16		Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
17		in this Section, shall be sold from time to time pursuant to
18		notice of sale and public bid or by negotiated sale in such
19		amounts and at such times as are directed by the Governor, upon
20		recommendation by the Director of the Governor's Office of
21		Management and Budget. At least 25%, based on total principal
22		amount, of all Bonds issued each fiscal year shall be sold
23		pursuant to notice of sale and public bid. At all times during
24		each fiscal year, no more than 75%, based on total principal
25		amount, of the Bonds issued each fiscal year shall have been
26		sold by negotiated sale. Failure to satisfy the requirements in
27		the preceding 2 sentences shall not affect the validity of any
28		previously issued Bonds.
29		If any Bonds are to be sold pursuant to notice of sale and
30		public bid, the Director of the Governor's Office of Management
31		and Budget shall comply with the competitive request for
32		proposal process set forth in the Illinois Procurement Code and
33		all other applicable requirements of that Code.

1		If Bonds are to be sold pursuant to notice of sale and
2		public bid, the Director of the Governor's Office of Management
3		and Budget shall, from time to time, as Bonds are to be sold,
4		advertise the sale of the Bonds in at least 2 daily newspapers,
5		one of which is published in the City of Springfield and one in
6		the City of Chicago. The sale of the Bonds shall also be
7		advertised in the volume of the Illinois Procurement Bulletin
8		that is published by the Department of Central Management
9		Services. Each of the advertisements for proposals shall be
10		published once at least 10 days prior to the date fixed for the
11		opening of the bids. The Director of the Governor's Office of
12		Management and Budget may reschedule the date of sale upon the
13		giving of such additional notice as the Director deems adequate
14		to inform prospective bidders of the change; provided, however,
15		that all other conditions of the sale shall continue as
16		originally advertised. Bonds shall be sold from time to time
17		pursuant to advertised notice of sale and public bid or by
18		negotiated sale as the Director of the Bureau of the Budget
19		shall, in his sole discretion, determine in order to market the
20		Bonds in an economic, effective manner. Executed Bonds shall,
21		upon payment therefor, be delivered to the purchaser, and the
22		proceeds of Bonds shall be paid into the State Treasury as
23		directed by Section 9 of this Act. The Governor or the Director
24		of the Governor's Office of Management and Budget Bureau of the
25		Budget is hereby authorized and directed to execute and deliver
26		contracts of sale with underwriters and to execute and deliver
27		such certificates, indentures, agreements and documents,
28		including any supplements or amendments thereto, and to take
29		such actions and do such things as shall be necessary or
30		desirable to carry out the purposes of this Act. Any action
31		authorized or permitted to be taken by the Director of the
32		Governor's Office of Management and Budget Bureau of the Budget
33		pursuant to this Act is hereby authorized to be taken by any
34		person specifically designated by the Governor to take such

1		action in a certificate signed by the Governor and filed with
2		the Secretary of State.
3		(Source: P.A. 84-111; revised 8-23-03.)
4		(30 ILCS 425/8.3 new)
5		Sec. 8.3. Compliance with the Business Enterprise for
6		Minorities, Females, and Persons with Disabilities Act.
7		Notwithstanding any other provision of law, the Governor's
8		Office of Management and Budget shall comply with the Business
9		Enterprise for Minorities, Females, and Persons with
10		Disabilities Act.
11		(30 ILCS 425/8.5 new)
12		Sec. 8.5. Truth in borrowing disclosures.
13		(a) Within 20 business days after the issuance of any Bonds
14		under this Act, the Director of the Governor's Office of
15		Management and Budget shall publish a truth in borrowing
16		disclosure that discloses the total principal and interest
17		payments to be paid on the Bonds over the full stated term of
18		the Bonds. The disclosure also shall include principal and
19		interest payments to be made by each fiscal year over the full
20		stated term of the Bonds and total principal and interest
21		payments to be made by each fiscal year on all other
22		outstanding Bonds issued under this Act over the full stated
23		terms of those Bonds.
24		(b) Within 20 business days after the issuance of any
25		refunding bonds under Section 15 of this Act, the Director of
26		the Governor's Office of Management and Budget shall publish a
27		truth in borrowing disclosure that discloses the estimated
28		present-valued savings to be obtained through the refunding, in
29		total and by each fiscal year that the refunding Bonds may be
30		outstanding.
31		(c) The disclosures required in subsections (a) and (b)
32		shall be published by posting the disclosures for no less than

1		30 days on the web site of the Governor's Office of Management
2		and Budget and by providing the disclosures in written form to
3		the Illinois Economic and Fiscal Commission. These disclosures
4		shall be calculated assuming Bonds are not redeemed or refunded
5		prior to their stated maturities. Amounts included in these
6		disclosures as payment of interest on variable rate Bonds shall
7		be computed at an interest rate equal to the rate at which the
8		variable rate Bonds are first set upon issuance, plus 2.5%,
9		after taking into account any credits permitted in the related
10		indenture or other instrument against the amount of such
11		interest for each fiscal year. Amounts included in these
12		disclosure as payments of interest shall include those amounts
13		paid pursuant to arrangements authorized pursuant to
14		subsection (b) of Section 6 of this Act.
15		(30 ILCS 425/9) (from Ch. 127, par. 2809)
16		Sec. 9. Allocation of Proceeds from Sale of Bonds. Proceeds
17		from the sale of Bonds (other than refunding Bonds) shall be
18		deposited in the separate fund in the State Treasury known as
19		the Build Illinois Bond Fund and shall be expended only
20		pursuant to appropriation by the General Assembly. Proceeds to
21		be deposited into any debt service or reserve funds as may be
22		required under any trust indenture shall be paid from the Build
23		Illinois Bond Fund to the trustee under the trust indenture
24		specified in the Bond Sale Order at the time of the delivery of
25		the Bonds and proceeds to be used to pay expenses of issuance
26		and sale shall be paid from the Build Illinois Bond Fund as
27		directed in the Bond Sale Order. Accrued interest paid to the
28		State at the time of the delivery of any series of Bonds shall
29		be deposited into the Build Illinois Bond Retirement and
30		Interest Fund in the State Treasury and shall be paid
31		immediately from that Fund to the trustee under the trust
32		indenture specified in the Bond Sale Order.
33		(Source: P.A. 86-44.)

1		(30 ILCS 425/15) (from Ch. 127, par. 2815)
2		Sec. 15. Refunding Bonds. Refunding Bonds are hereby
3		authorized for the purpose of refunding any outstanding Bonds,
4		including the payment of any redemption premium thereon, any
5		reasonable expenses of such refunding, and any interest accrued
6		or to accrue to the earliest or any subsequent date of
7		redemption or maturity of outstanding Bonds; provided that all
8		non-refunding Bonds in an issue that includes such refunding
9		Bonds shall mature no later than the final maturity date of
10		Bonds being refunded; provided that no refunding Bonds shall be
11		offered for sale unless the net present value of debt service
12		savings to be achieved by the issuance of the refunding Bonds
13		is 3% or more of the principal amount of the refunding Bonds to
14		be issued; and further provided that the maturities of the
15		refunding Bonds shall not extend beyond the maturities of the
16		Bonds they refund, so that for each fiscal year in the maturity
17		schedule of a particular issue of refunding Bonds, the total
18		amount of refunding principal maturing and redemption amounts
19		due in that fiscal year and all prior fiscal years in that
20		schedule shall be greater than or equal to the total amount of
21		refunded principal and redemption amounts that had been due
22		over that year and all prior fiscal years prior to the
23		refunding.
24		Refunding Bonds may be sold in such amounts and at such
25		times, as directed by the Governor upon recommendation by the
26		Director of the Governor's Office of Management and Budget
27		Bureau of the Budget. The Governor shall notify the State
28		Treasurer and Comptroller of such refunding. The proceeds
29		received from the sale of refunding Bonds shall be used for the
30		retirement at maturity or redemption of such outstanding Bonds
31		on any maturity or redemption date and, pending such use, shall
32		be placed in escrow, subject to such terms and conditions as
33		shall be provided for in the Bond Sale Order relating to the

1		refunding Bonds. This Act shall constitute an irrevocable and
2		continuing appropriation of all amounts necessary to establish
3		an escrow account for the purpose of refunding outstanding
4		Bonds and to pay the reasonable expenses of such refunding and
5		of the issuance and sale of the refunding Bonds. Any such
6		escrowed proceeds may be invested and reinvested in direct
7		obligations of the United States of America, maturing at such
8		time or times as shall be appropriate to assure the prompt
9		payment, when due, of the principal of and interest and
10		redemption premium, if any, on the refunded Bonds. After the
11		terms of the escrow have been fully satisfied, any remaining
12		balance of such proceeds and interest, income and profits
13		earned or realized on the investments thereof shall be paid
14		into the General Revenue Fund. The liability of the State upon
15		the refunded Bonds shall continue, provided that the holders
16		thereof shall thereafter be entitled to payment only out of the
17		moneys deposited in the escrow account and the refunded Bonds
18		shall be deemed paid, discharged and no longer to be
19		outstanding.
20		Except as otherwise herein provided in this Section, such
21		refunding Bonds shall in all other respects be issued pursuant
22		to and subject to the terms and conditions of this Act and
23		shall be secured by and payable from only the funds and sources
24		which are provided under this Act.
25		(Source: P.A. 84-111; revised 8-23-03.)

26		Section 10-130. The Illinois Procurement Code is amended by
27		changing Sections 5-5, 5-25, and 40-15 and by adding Sections
28		5-30, 20-150, 25-200, 30-150, 35-150, 40-55, 40-150, and 53-150
29		as follows:
30		(30 ILCS 500/5-5)
31		Sec. 5-5. Procurement Policy Board.
32		(a) Creation. There is created a Procurement Policy Board,

1		an agency of the State of Illinois.
2		(b) Authority and duties. The Board shall have the
3		authority and responsibility to review, comment upon, and
4		recommend, consistent with this Code, rules and practices
5		governing the procurement, management, control, and disposal
6		of supplies, services, professional or artistic services,
7		construction, and real property and capital improvement leases
8		procured by the State.
9		Upon a three-fifths vote of its members, the Board may
10		review a contract. Upon a three-fifths vote of its members, the
11		Board may propose procurement rules for consideration by chief
12		procurement officers. These proposals shall be published in
13		each volume of the Procurement Bulletin. Except as otherwise
14		provided by law, the Board shall act upon the vote of a
15		majority of its members who have been appointed and are
16		serving.
17		(b-5) Reviews, studies, and hearings. The Board may review,
18		study, and hold public hearings concerning the implementation
19		and administration of this Code. Each chief procurement
20		officer, associate procurement officer, State purchasing
21		officer, and State agency shall cooperate with the Board,
22		provide information to the Board, and be responsive to the
23		Board in the Board's conduct of its reviews, studies, and
24		hearings.
25		(c) Members. The Board shall consist of 5 members appointed
26		one each by the 4 legislative leaders and the Governor. Each
27		member shall have demonstrated sufficient business or
28		professional experience in the area of procurement to perform
29		the functions of the Board. No member may be a member of the
30		General Assembly.
31		(d) Terms. Of the initial appointees, the Governor shall
32		designate one member, as Chairman, to serve a one-year term,
33		the President of the Senate and the Speaker of the House shall
34		each appoint one member to serve 3-year terms, and the Minority

1		Leader of the House and the Minority Leader of the Senate shall
2		each appoint one member to serve 2-year terms. Subsequent terms
3		shall be 4 years. Members may be reappointed for succeeding
4		terms.
5		(e) Reimbursement. Members shall receive no compensation
6		but shall be reimbursed for any expenses reasonably incurred in
7		the performance of their duties.
8		(f) Staff support. Upon a three-fifths vote of its members,
9		the Board may employ an executive director. Subject to
10		appropriation, the Board also may employ a reasonable and
11		necessary number of have up to 3 staff persons. Other support
12		services shall be provided by the chief procurement officers.
13		(g) Meetings. Meetings of the Board may be conducted
14		telephonically, electronically, or through the use of other
15		telecommunications. Written minutes of such meetings shall be
16		created and available for public inspection and copying.
17		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
18		(30 ILCS 500/5-25)
19		Sec. 5-25. Rulemaking authority; agency policy; agency
20		response.
21		(a) Rulemaking. A State agency authorized to make
22		procurements under this Code shall have the authority to
23		promulgate rules to carry out that authority. That rulemaking
24		on specific procurement topics is mentioned in specific
25		Sections of this Code shall not be construed as prohibiting or
26		limiting rulemaking on other procurement topics.
27		All rules shall be promulgated in accordance with the
28		Illinois Administrative Procedure Act. Contractual provisions,
29		specifications, and procurement descriptions are not rules and
30		are not subject to the Illinois Administrative Procedure Act.
31		All rules other than those promulgated by the Board shall be
32		presented in writing to the Board for its review and comment.
33		The Board shall express its opinions and recommendations in

1		writing. Both the proposed rules and Board recommendations
2		shall be made available for public review. The rules shall also
3		be approved by the applicable chief procurement officer and the
4		Joint Committee on Administrative Rules.
5		(b) Policy. Each chief procurement officer, associate
6		procurement officer, and State agency shall promptly notify the
7		Procurement Policy Board in writing of any proposed new
8		procurement rule or policy or any proposed change in an
9		existing procurement rule or policy.
10		(c) Response. Each State agency must respond promptly in
11		writing to all inquiries and comments of the Procurement Policy
12		Board.
13		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
14		(30 ILCS 500/5-30 new)
15		Sec. 5-30. Proposed contracts; Procurement Policy Board.
16		(a) Except as provided in subsection (c), within 30 days
17		after notice of the awarding or letting of a contract has
18		appeared in the Procurement Bulletin in accordance with
19		subsection (b) of Section 15-25, the Board may request in
20		writing from the contracting agency and the contracting agency
21		shall promptly, but in no event later than 5 business days
22		after receipt of the request, provide to the Board, by
23		electronic or other means satisfactory to the Board,
24		documentation in the possession of the contracting agency
25		concerning the proposed contract. Nothing in this subsection is
26		intended to waive or abrogate any privilege or right of
27		confidentiality authorized by law.
28		(b) No contract subject to this Section may be entered into
29		until the 30-day period described in subsection (a) has
30		expired, unless the contracting agency requests in writing that
31		the Board waive the period and the Board grants the waiver in
32		writing.
33		(c) This Section does not apply to (i) contracts entered

1		into under this Code for small and emergency procurements as
2		those procurements are defined in Article 20 and (ii) contracts
3		for professional and artistic services that are nonrenewable,
4		one year or less in duration, and have a value of less than
5		$20,000. If requested in writing by the Board, however, the
6		contracting agency must promptly, but in no event later than 8
7		business days after receipt of the request, transmit to the
8		Board a copy of the contract for an emergency procurement and
9		documentation in the possession of the contracting agency
10		concerning the contract.

11		(30 ILCS 500/20-150 new)
12		Sec. 20-150. Proposed contracts; Procurement Policy Board.
13		This Article is subject to Section 5-30 of this Code.

14		(30 ILCS 500/25-200 new)
15		Sec. 25-200. Proposed contracts; Procurement Policy Board.
16		This Article is subject to Section 5-30 of this Code.

17		(30 ILCS 500/30-150 new)
18		Sec. 30-150. Proposed contracts; Procurement Policy Board.
19		This Article is subject to Section 5-30 of this Code.

20		(30 ILCS 500/35-150 new)
21		Sec. 35-150. Proposed contracts; Procurement Policy Board.
22		This Article is subject to Section 5-30 of this Code.

23		(30 ILCS 500/40-15)
24		Sec. 40-15. Method of source selection.
25		(a) Request for information. Except as provided in
26		subsections (b) and (c), all State contracts for leases of real
27		property or capital improvements shall be awarded by a request
28		for information process in accordance with Section 40-20.
29		(b) Other methods. A request for information process need

1		not be used in procuring any of the following leases:
2		(1) Property of less than 10,000 square feet.
3		(2) Rent of less than $100,000 per year.
4		(3) Duration of less than one year that cannot be
5		renewed.
6		(4) Specialized space available at only one location.
7		(5) Renewal or extension of a lease in effect before
8		July 1, 2002 1999; provided that: (i) the chief procurement
9		officer determines in writing that the renewal or extension
10		is in the best interest of the State; (ii) the chief
11		procurement officer submits his or her written
12		determination and the renewal or extension to the Board;
13		(iii) the Board does not object in writing to the renewal
14		or extension within 30 days after its submission; and (iv)
15		the chief procurement officer publishes the renewal or
16		extension in the appropriate volume of the Procurement
17		Bulletin.
18		(c) Leases with governmental units. Leases with other
19		governmental units may be negotiated without using the request
20		for information process when deemed by the chief procurement
21		officer to be in the best interest of the State.
22		(Source: P.A. 93-133, eff. 1-1-04.)

23		(30 ILCS 500/40-55 new)
24		Sec. 40-55. Lessor's failure to make improvements. Each
25		lease must provide for a penalty upon the lessor's failure to
26		make improvements agreed upon in the lease. The penalty shall
27		consist of a reduction in lease payments equal to the
28		corresponding percentage of the improvement value to the lease
29		value. The penalty shall continue until the lessor complies
30		with the lease and the improvements are certified by the chief
31		procurement officer and the leasing State agency.

32

(30 ILCS 500/40-150 new)

1		Sec. 40-150. Proposed contracts; Procurement Policy Board.
2		This Article is subject to Section 5-30 of this Code.

3		(30 ILCS 500/53-150 new)
4		Sec. 53-150. Proposed contracts; Procurement Policy Board.
5		This Article is subject to Section 5-30 of this Code.

6		Section 10-133. The Illinois Coal Technology Development
7		Assistance Act is amended by changing Section 3 as follows:
8		(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
9		Sec. 3. Transfers to Coal Technology Development
10		Assistance Funds. As soon as may be practicable after the first
11		day of each month, the Department of Revenue shall certify to
12		the Treasurer an amount equal to 1/64 of the revenue realized
13		from the tax imposed by the Electricity Excise Tax Law, Section
14		2 of the Public Utilities Revenue Act, Section 2 of the
15		Messages Tax Act, and Section 2 of the Gas Revenue Tax Act,
16		during the preceding month. Upon receipt of the certification,
17		the Treasurer shall transfer the amount shown on such
18		certification from the General Revenue Fund to the Coal
19		Technology Development Assistance Fund, which is hereby
20		created as a special fund in the State treasury, except that no
21		transfer shall be made in any month in which the Fund has
22		reached the following balance:
23		(1) $7,000,000 during fiscal year 1994.
24		(2) $8,500,000 during fiscal year 1995.
25		(3) $10,000,000 during fiscal years 1996 and 1997.
26		(4) During fiscal year 1998 through fiscal year 2004
27		and each year thereafter, an amount equal to the sum of
28		$10,000,000 plus additional moneys deposited into the Coal
29		Technology Development Assistance Fund from the Renewable
30		Energy Resources and Coal Technology Development Assistance
31		Charge under Section 6.5 of the Renewable Energy, Energy

1		Efficiency, and Coal Resources Development Law of 1997.
2		(5) During fiscal year 2005, an amount equal to the sum
3		of $7,000,000 plus additional moneys deposited into the
4		Coal Technology Development Assistance Fund from the
5		Renewable Energy Resources and Coal Technology Development
6		Assistance Charge under Section 6.5 of the Renewable
7		Energy, Energy Efficiency, and Coal Resources Development
8		Law of 1997.
9		(6) During fiscal year 2006 and each fiscal year
10		thereafter, an amount equal to the sum of $10,000,000 plus
11		additional moneys deposited into the Coal Technology
12		Development Assistance Fund from the Renewable Energy
13		Resources and Coal Technology Development Assistance
14		Charge under Section 6.5 of the Renewable Energy, Energy
15		Efficiency, and Coal Resources Development Law of 1997.
16		(Source: P.A. 90-561, eff. 12-16-97; 90-624, eff. 7-10-98.)

17		Section 10-135. The Illinois Income Tax Act is amended by
18		changing Section 901 as follows:
19		(35 ILCS 5/901) (from Ch. 120, par. 9-901)
20		Sec. 901. Collection Authority.
21		(a) In general.
22		The Department shall collect the taxes imposed by this Act.
23		The Department shall collect certified past due child support
24		amounts under Section 2505-650 of the Department of Revenue Law
25		(20 ILCS 2505/2505-650). Except as provided in subsections (c)
26		and (e) of this Section, money collected pursuant to
27		subsections (a) and (b) of Section 201 of this Act shall be
28		paid into the General Revenue Fund in the State treasury; money
29		collected pursuant to subsections (c) and (d) of Section 201 of
30		this Act shall be paid into the Personal Property Tax
31		Replacement Fund, a special fund in the State Treasury; and
32		money collected under Section 2505-650 of the Department of

1		Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
2		Child Support Enforcement Trust Fund, a special fund outside
3		the State Treasury, or to the State Disbursement Unit
4		established under Section 10-26 of the Illinois Public Aid
5		Code, as directed by the Department of Public Aid.
6		(b) Local Governmental Distributive Fund.
7		Beginning August 1, 1969, and continuing through June 30,
8		1994, the Treasurer shall transfer each month from the General
9		Revenue Fund to a special fund in the State treasury, to be
10		known as the "Local Government Distributive Fund", an amount
11		equal to 1/12 of the net revenue realized from the tax imposed
12		by subsections (a) and (b) of Section 201 of this Act during
13		the preceding month. Beginning July 1, 1994, and continuing
14		through June 30, 1995, the Treasurer shall transfer each month
15		from the General Revenue Fund to the Local Government
16		Distributive Fund an amount equal to 1/11 of the net revenue
17		realized from the tax imposed by subsections (a) and (b) of
18		Section 201 of this Act during the preceding month. Beginning
19		July 1, 1995, the Treasurer shall transfer each month from the
20		General Revenue Fund to the Local Government Distributive Fund
21		an amount equal to the net of (i) 1/10 of the net revenue
22		realized from the tax imposed by subsections (a) and (b) of
23		Section 201 of the Illinois Income Tax Act during the preceding
24		month (ii) minus, beginning July 1, 2003 and ending June 30,
25		2004, $6,666,666, and beginning July 1, 2004, zero. Net revenue
26		realized for a month shall be defined as the revenue from the
27		tax imposed by subsections (a) and (b) of Section 201 of this
28		Act which is deposited in the General Revenue Fund, the
29		Educational Assistance Fund and the Income Tax Surcharge Local
30		Government Distributive Fund during the month minus the amount
31		paid out of the General Revenue Fund in State warrants during
32		that same month as refunds to taxpayers for overpayment of
33		liability under the tax imposed by subsections (a) and (b) of
34		Section 201 of this Act.

1		(c) Deposits Into Income Tax Refund Fund.
2		(1) Beginning on January 1, 1989 and thereafter, the
3		Department shall deposit a percentage of the amounts
4		collected pursuant to subsections (a) and (b)(1), (2), and
5		(3), of Section 201 of this Act into a fund in the State
6		treasury known as the Income Tax Refund Fund. The
7		Department shall deposit 6% of such amounts during the
8		period beginning January 1, 1989 and ending on June 30,
9		1989. Beginning with State fiscal year 1990 and for each
10		fiscal year thereafter, the percentage deposited into the
11		Income Tax Refund Fund during a fiscal year shall be the
12		Annual Percentage. For fiscal years 1999 through 2001, the
13		Annual Percentage shall be 7.1%. For fiscal year 2003, the
14		Annual Percentage shall be 8%. For fiscal year 2004, the
15		Annual Percentage shall be 11.7%. Upon the effective date
16		of this amendatory Act of the 93rd General Assembly, the
17		Annual Percentage shall be 10% for fiscal year 2005. For
18		all other fiscal years, the Annual Percentage shall be
19		calculated as a fraction, the numerator of which shall be
20		the amount of refunds approved for payment by the
21		Department during the preceding fiscal year as a result of
22		overpayment of tax liability under subsections (a) and
23		(b)(1), (2), and (3) of Section 201 of this Act plus the
24		amount of such refunds remaining approved but unpaid at the
25		end of the preceding fiscal year, minus the amounts
26		transferred into the Income Tax Refund Fund from the
27		Tobacco Settlement Recovery Fund, and the denominator of
28		which shall be the amounts which will be collected pursuant
29		to subsections (a) and (b)(1), (2), and (3) of Section 201
30		of this Act during the preceding fiscal year; except that
31		in State fiscal year 2002, the Annual Percentage shall in
32		no event exceed 7.6%. The Director of Revenue shall certify
33		the Annual Percentage to the Comptroller on the last
34		business day of the fiscal year immediately preceding the

1		fiscal year for which it is to be effective.
2		(2) Beginning on January 1, 1989 and thereafter, the
3		Department shall deposit a percentage of the amounts
4		collected pursuant to subsections (a) and (b)(6), (7), and
5		(8), (c) and (d) of Section 201 of this Act into a fund in
6		the State treasury known as the Income Tax Refund Fund. The
7		Department shall deposit 18% of such amounts during the
8		period beginning January 1, 1989 and ending on June 30,
9		1989. Beginning with State fiscal year 1990 and for each
10		fiscal year thereafter, the percentage deposited into the
11		Income Tax Refund Fund during a fiscal year shall be the
12		Annual Percentage. For fiscal years 1999, 2000, and 2001,
13		the Annual Percentage shall be 19%. For fiscal year 2003,
14		the Annual Percentage shall be 27%. For fiscal year 2004,
15		the Annual Percentage shall be 32%. Upon the effective date
16		of this amendatory Act of the 93rd General Assembly, the
17		Annual Percentage shall be 24% for fiscal year 2005. For
18		all other fiscal years, the Annual Percentage shall be
19		calculated as a fraction, the numerator of which shall be
20		the amount of refunds approved for payment by the
21		Department during the preceding fiscal year as a result of
22		overpayment of tax liability under subsections (a) and
23		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
24		Act plus the amount of such refunds remaining approved but
25		unpaid at the end of the preceding fiscal year, and the
26		denominator of which shall be the amounts which will be
27		collected pursuant to subsections (a) and (b)(6), (7), and
28		(8), (c) and (d) of Section 201 of this Act during the
29		preceding fiscal year; except that in State fiscal year
30		2002, the Annual Percentage shall in no event exceed 23%.
31		The Director of Revenue shall certify the Annual Percentage
32		to the Comptroller on the last business day of the fiscal
33		year immediately preceding the fiscal year for which it is
34		to be effective.

1		(3) The Comptroller shall order transferred and the
2		Treasurer shall transfer from the Tobacco Settlement
3		Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
4		in January, 2001, (ii) $35,000,000 in January, 2002, and
5		(iii) $35,000,000 in January, 2003.
6		(d) Expenditures from Income Tax Refund Fund.
7		(1) Beginning January 1, 1989, money in the Income Tax
8		Refund Fund shall be expended exclusively for the purpose
9		of paying refunds resulting from overpayment of tax
10		liability under Section 201 of this Act, for paying rebates
11		under Section 208.1 in the event that the amounts in the
12		Homeowners' Tax Relief Fund are insufficient for that
13		purpose, and for making transfers pursuant to this
14		subsection (d).
15		(2) The Director shall order payment of refunds
16		resulting from overpayment of tax liability under Section
17		201 of this Act from the Income Tax Refund Fund only to the
18		extent that amounts collected pursuant to Section 201 of
19		this Act and transfers pursuant to this subsection (d) and
20		item (3) of subsection (c) have been deposited and retained
21		in the Fund.
22		(3) As soon as possible after the end of each fiscal
23		year, the Director shall order transferred and the State
24		Treasurer and State Comptroller shall transfer from the
25		Income Tax Refund Fund to the Personal Property Tax
26		Replacement Fund an amount, certified by the Director to
27		the Comptroller, equal to the excess of the amount
28		collected pursuant to subsections (c) and (d) of Section
29		201 of this Act deposited into the Income Tax Refund Fund
30		during the fiscal year over the amount of refunds resulting
31		from overpayment of tax liability under subsections (c) and
32		(d) of Section 201 of this Act paid from the Income Tax
33		Refund Fund during the fiscal year.
34		(4) As soon as possible after the end of each fiscal

1		year, the Director shall order transferred and the State
2		Treasurer and State Comptroller shall transfer from the
3		Personal Property Tax Replacement Fund to the Income Tax
4		Refund Fund an amount, certified by the Director to the
5		Comptroller, equal to the excess of the amount of refunds
6		resulting from overpayment of tax liability under
7		subsections (c) and (d) of Section 201 of this Act paid
8		from the Income Tax Refund Fund during the fiscal year over
9		the amount collected pursuant to subsections (c) and (d) of
10		Section 201 of this Act deposited into the Income Tax
11		Refund Fund during the fiscal year.
12		(4.5) As soon as possible after the end of fiscal year
13		1999 and of each fiscal year thereafter, the Director shall
14		order transferred and the State Treasurer and State
15		Comptroller shall transfer from the Income Tax Refund Fund
16		to the General Revenue Fund any surplus remaining in the
17		Income Tax Refund Fund as of the end of such fiscal year;
18		excluding for fiscal years 2000, 2001, and 2002 amounts
19		attributable to transfers under item (3) of subsection (c)
20		less refunds resulting from the earned income tax credit.
21		(5) This Act shall constitute an irrevocable and
22		continuing appropriation from the Income Tax Refund Fund
23		for the purpose of paying refunds upon the order of the
24		Director in accordance with the provisions of this Section.
25		(e) Deposits into the Education Assistance Fund and the
26		Income Tax Surcharge Local Government Distributive Fund.
27		On July 1, 1991, and thereafter, of the amounts collected
28		pursuant to subsections (a) and (b) of Section 201 of this Act,
29		minus deposits into the Income Tax Refund Fund, the Department
30		shall deposit 7.3% into the Education Assistance Fund in the
31		State Treasury. Beginning July 1, 1991, and continuing through
32		January 31, 1993, of the amounts collected pursuant to
33		subsections (a) and (b) of Section 201 of the Illinois Income
34		Tax Act, minus deposits into the Income Tax Refund Fund, the

1		Department shall deposit 3.0% into the Income Tax Surcharge
2		Local Government Distributive Fund in the State Treasury.
3		Beginning February 1, 1993 and continuing through June 30,
4		1993, of the amounts collected pursuant to subsections (a) and
5		(b) of Section 201 of the Illinois Income Tax Act, minus
6		deposits into the Income Tax Refund Fund, the Department shall
7		deposit 4.4% into the Income Tax Surcharge Local Government
8		Distributive Fund in the State Treasury. Beginning July 1,
9		1993, and continuing through June 30, 1994, of the amounts
10		collected under subsections (a) and (b) of Section 201 of this
11		Act, minus deposits into the Income Tax Refund Fund, the
12		Department shall deposit 1.475% into the Income Tax Surcharge
13		Local Government Distributive Fund in the State Treasury.
14		(Source: P.A. 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; 92-600,
15		eff. 6-28-02; 93-32, eff. 6-20-03.)

16		Section 10-140. The Cigarette Tax Act is amended by
17		changing Section 2 as follows:
18		(35 ILCS 130/2) (from Ch. 120, par. 453.2)
19		Sec. 2. Tax imposed; rate; collection, payment, and
20		distribution; discount.
21		(a) A tax is imposed upon any person engaged in business as
22		a retailer of cigarettes in this State at the rate of 5 1/2
23		mills per cigarette sold, or otherwise disposed of in the
24		course of such business in this State. In addition to any other
25		tax imposed by this Act, a tax is imposed upon any person
26		engaged in business as a retailer of cigarettes in this State
27		at a rate of 1/2 mill per cigarette sold or otherwise disposed
28		of in the course of such business in this State on and after
29		January 1, 1947, and shall be paid into the Metropolitan Fair
30		and Exposition Authority Reconstruction Fund. On and after
31		December 1, 1985, in addition to any other tax imposed by this
32		Act, a tax is imposed upon any person engaged in business as a

1		retailer of cigarettes in this State at a rate of 4 mills per
2		cigarette sold or otherwise disposed of in the course of such
3		business in this State. Of the additional tax imposed by this
4		amendatory Act of 1985, $9,000,000 of the moneys received by
5		the Department of Revenue pursuant to this Act shall be paid
6		each month into the Common School Fund. On and after the
7		effective date of this amendatory Act of 1989, in addition to
8		any other tax imposed by this Act, a tax is imposed upon any
9		person engaged in business as a retailer of cigarettes at the
10		rate of 5 mills per cigarette sold or otherwise disposed of in
11		the course of such business in this State. On and after the
12		effective date of this amendatory Act of 1993, in addition to
13		any other tax imposed by this Act, a tax is imposed upon any
14		person engaged in business as a retailer of cigarettes at the
15		rate of 7 mills per cigarette sold or otherwise disposed of in
16		the course of such business in this State. On and after
17		December 15, 1997, in addition to any other tax imposed by this
18		Act, a tax is imposed upon any person engaged in business as a
19		retailer of cigarettes at the rate of 7 mills per cigarette
20		sold or otherwise disposed of in the course of such business of
21		this State. All of the moneys received by the Department of
22		Revenue pursuant to this Act and the Cigarette Use Tax Act from
23		the additional taxes imposed by this amendatory Act of 1997,
24		shall be paid each month into the Common School Fund. On and
25		after July 1, 2002, in addition to any other tax imposed by
26		this Act, a tax is imposed upon any person engaged in business
27		as a retailer of cigarettes at the rate of 20.0 mills per
28		cigarette sold or otherwise disposed of in the course of such
29		business in this State. The payment of such taxes shall be
30		evidenced by a stamp affixed to each original package of
31		cigarettes, or an authorized substitute for such stamp
32		imprinted on each original package of such cigarettes
33		underneath the sealed transparent outside wrapper of such
34		original package, as hereinafter provided. However, such taxes

1		are not imposed upon any activity in such business in
2		interstate commerce or otherwise, which activity may not under
3		the Constitution and statutes of the United States be made the
4		subject of taxation by this State.
5		Beginning on the effective date of this amendatory Act of
6		the 92nd General Assembly, all of the moneys received by the
7		Department of Revenue pursuant to this Act and the Cigarette
8		Use Tax Act, other than the moneys that are dedicated to the
9		Metropolitan Fair and Exposition Authority Reconstruction Fund
10		and the Common School Fund, shall be distributed each month as
11		follows: first, there shall be paid into the General Revenue
12		Fund an amount which, when added to the amount paid into the
13		Common School Fund for that month, equals $33,300,000, except
14		that in the month of August of 2004, this amount shall equal
15		$83,300,000; then, from the moneys remaining, if any amounts
16		required to be paid into the General Revenue Fund in previous
17		months remain unpaid, those amounts shall be paid into the
18		General Revenue Fund; then, beginning on April 1, 2003, from
19		the moneys remaining, $5,000,000 per month shall be paid into
20		the School Infrastructure Fund; then, if any amounts required
21		to be paid into the School Infrastructure Fund in previous
22		months remain unpaid, those amounts shall be paid into the
23		School Infrastructure Fund; then the moneys remaining, if any,
24		shall be paid into the Long-Term Care Provider Fund. To the
25		extent that more than $25,000,000 has been paid into the
26		General Revenue Fund and Common School Fund per month for the
27		period of July 1, 1993 through the effective date of this
28		amendatory Act of 1994 from combined receipts of the Cigarette
29		Tax Act and the Cigarette Use Tax Act, notwithstanding the
30		distribution provided in this Section, the Department of
31		Revenue is hereby directed to adjust the distribution provided
32		in this Section to increase the next monthly payments to the
33		Long Term Care Provider Fund by the amount paid to the General
34		Revenue Fund and Common School Fund in excess of $25,000,000

1		per month and to decrease the next monthly payments to the
2		General Revenue Fund and Common School Fund by that same excess
3		amount.
4		When any tax imposed herein terminates or has terminated,
5		distributors who have bought stamps while such tax was in
6		effect and who therefore paid such tax, but who can show, to
7		the Department's satisfaction, that they sold the cigarettes to
8		which they affixed such stamps after such tax had terminated
9		and did not recover the tax or its equivalent from purchasers,
10		shall be allowed by the Department to take credit for such
11		absorbed tax against subsequent tax stamp purchases from the
12		Department by such distributor.
13		The impact of the tax levied by this Act is imposed upon
14		the retailer and shall be prepaid or pre-collected by the
15		distributor for the purpose of convenience and facility only,
16		and the amount of the tax shall be added to the price of the
17		cigarettes sold by such distributor. Collection of the tax
18		shall be evidenced by a stamp or stamps affixed to each
19		original package of cigarettes, as hereinafter provided.
20		Each distributor shall collect the tax from the retailer at
21		or before the time of the sale, shall affix the stamps as
22		hereinafter required, and shall remit the tax collected from
23		retailers to the Department, as hereinafter provided. Any
24		distributor who fails to properly collect and pay the tax
25		imposed by this Act shall be liable for the tax. Any
26		distributor having cigarettes to which stamps have been affixed
27		in his possession for sale on the effective date of this
28		amendatory Act of 1989 shall not be required to pay the
29		additional tax imposed by this amendatory Act of 1989 on such
30		stamped cigarettes. Any distributor having cigarettes to which
31		stamps have been affixed in his or her possession for sale at
32		12:01 a.m. on the effective date of this amendatory Act of
33		1993, is required to pay the additional tax imposed by this
34		amendatory Act of 1993 on such stamped cigarettes. This

1		payment, less the discount provided in subsection (b), shall be
2		due when the distributor first makes a purchase of cigarette
3		tax stamps after the effective date of this amendatory Act of
4		1993, or on the first due date of a return under this Act after
5		the effective date of this amendatory Act of 1993, whichever
6		occurs first. Any distributor having cigarettes to which stamps
7		have been affixed in his possession for sale on December 15,
8		1997 shall not be required to pay the additional tax imposed by
9		this amendatory Act of 1997 on such stamped cigarettes.
10		Any distributor having cigarettes to which stamps have been
11		affixed in his or her possession for sale on July 1, 2002 shall
12		not be required to pay the additional tax imposed by this
13		amendatory Act of the 92nd General Assembly on those stamped
14		cigarettes.
15		The amount of the Cigarette Tax imposed by this Act shall
16		be separately stated, apart from the price of the goods, by
17		both distributors and retailers, in all advertisements, bills
18		and sales invoices.
19		(b) The distributor shall be required to collect the taxes
20		provided under paragraph (a) hereof, and, to cover the costs of
21		such collection, shall be allowed a discount during any year
22		commencing July 1st and ending the following June 30th in
23		accordance with the schedule set out hereinbelow, which
24		discount shall be allowed at the time of purchase of the stamps
25		when purchase is required by this Act, or at the time when the
26		tax is remitted to the Department without the purchase of
27		stamps from the Department when that method of paying the tax
28		is required or authorized by this Act. Prior to December 1,
29		1985, a discount equal to 1 2/3% of the amount of the tax up to
30		and including the first $700,000 paid hereunder by such
31		distributor to the Department during any such year; 1 1/3% of
32		the next $700,000 of tax or any part thereof, paid hereunder by
33		such distributor to the Department during any such year; 1% of
34		the next $700,000 of tax, or any part thereof, paid hereunder

1		by such distributor to the Department during any such year, and
2		2/3 of 1% of the amount of any additional tax paid hereunder by
3		such distributor to the Department during any such year shall
4		apply. On and after December 1, 1985, a discount equal to 1.75%
5		of the amount of the tax payable under this Act up to and
6		including the first $3,000,000 paid hereunder by such
7		distributor to the Department during any such year and 1.5% of
8		the amount of any additional tax paid hereunder by such
9		distributor to the Department during any such year shall apply.
10		Two or more distributors that use a common means of
11		affixing revenue tax stamps or that are owned or controlled by
12		the same interests shall be treated as a single distributor for
13		the purpose of computing the discount.
14		(c) The taxes herein imposed are in addition to all other
15		occupation or privilege taxes imposed by the State of Illinois,
16		or by any political subdivision thereof, or by any municipal
17		corporation.
18		(Source: P.A. 92-536, eff. 6-6-02.)

19		Section 10-145. The Motor Fuel Tax Law is amended by
20		changing Section 8 as follows:
21		(35 ILCS 505/8) (from Ch. 120, par. 424)
22		Sec. 8. Except as provided in Section 8a, subdivision
23		(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
24		16 of Section 15, all money received by the Department under
25		this Act, including payments made to the Department by member
26		jurisdictions participating in the International Fuel Tax
27		Agreement, shall be deposited in a special fund in the State
28		treasury, to be known as the "Motor Fuel Tax Fund", and shall
29		be used as follows:
30		(a) 2 1/2 cents per gallon of the tax collected on special
31		fuel under paragraph (b) of Section 2 and Section 13a of this
32		Act shall be transferred to the State Construction Account Fund

1		in the State Treasury;
2		(b) $420,000 shall be transferred each month to the State
3		Boating Act Fund to be used by the Department of Natural
4		Resources for the purposes specified in Article X of the Boat
5		Registration and Safety Act;
6		(c) $2,250,000 shall be transferred each month to the Grade
7		Crossing Protection Fund to be used as follows: not less than
8		$6,000,000 each fiscal year shall be used for the construction
9		or reconstruction of rail highway grade separation structures;
10		$2,250,000 in fiscal year 2004 and each fiscal year thereafter
11		shall be transferred to the Transportation Regulatory Fund and
12		shall be accounted for as part of the rail carrier portion of
13		such funds and shall be used to pay the cost of administration
14		of the Illinois Commerce Commission's railroad safety program
15		in connection with its duties under subsection (3) of Section
16		18c-7401 of the Illinois Vehicle Code, with the remainder to be
17		used by the Department of Transportation upon order of the
18		Illinois Commerce Commission, to pay that part of the cost
19		apportioned by such Commission to the State to cover the
20		interest of the public in the use of highways, roads, streets,
21		or pedestrian walkways in the county highway system, township
22		and district road system, or municipal street system as defined
23		in the Illinois Highway Code, as the same may from time to time
24		be amended, for separation of grades, for installation,
25		construction or reconstruction of crossing protection or
26		reconstruction, alteration, relocation including construction
27		or improvement of any existing highway necessary for access to
28		property or improvement of any grade crossing including the
29		necessary highway approaches thereto of any railroad across the
30		highway or public road, or for the installation, construction,
31		reconstruction, or maintenance of a pedestrian walkway over or
32		under a railroad right-of-way, as provided for in and in
33		accordance with Section 18c-7401 of the Illinois Vehicle Code.
34		The Commission shall not order more than $2,000,000 per year in

1		Grade Crossing Protection Fund moneys for pedestrian walkways.
2		In entering orders for projects for which payments from the
3		Grade Crossing Protection Fund will be made, the Commission
4		shall account for expenditures authorized by the orders on a
5		cash rather than an accrual basis. For purposes of this
6		requirement an "accrual basis" assumes that the total cost of
7		the project is expended in the fiscal year in which the order
8		is entered, while a "cash basis" allocates the cost of the
9		project among fiscal years as expenditures are actually made.
10		To meet the requirements of this subsection, the Illinois
11		Commerce Commission shall develop annual and 5-year project
12		plans of rail crossing capital improvements that will be paid
13		for with moneys from the Grade Crossing Protection Fund. The
14		annual project plan shall identify projects for the succeeding
15		fiscal year and the 5-year project plan shall identify projects
16		for the 5 directly succeeding fiscal years. The Commission
17		shall submit the annual and 5-year project plans for this Fund
18		to the Governor, the President of the Senate, the Senate
19		Minority Leader, the Speaker of the House of Representatives,
20		and the Minority Leader of the House of Representatives on the
21		first Wednesday in April of each year;
22		(d) of the amount remaining after allocations provided for
23		in subsections (a), (b) and (c), a sufficient amount shall be
24		reserved to pay all of the following:
25		(1) the costs of the Department of Revenue in
26		administering this Act;
27		(2) the costs of the Department of Transportation in
28		performing its duties imposed by the Illinois Highway Code
29		for supervising the use of motor fuel tax funds apportioned
30		to municipalities, counties and road districts;
31		(3) refunds provided for in Section 13 of this Act and
32		under the terms of the International Fuel Tax Agreement
33		referenced in Section 14a;
34		(4) from October 1, 1985 until June 30, 1994, the

1		administration of the Vehicle Emissions Inspection Law,
2		which amount shall be certified monthly by the
3		Environmental Protection Agency to the State Comptroller
4		and shall promptly be transferred by the State Comptroller
5		and Treasurer from the Motor Fuel Tax Fund to the Vehicle
6		Inspection Fund, and for the period July 1, 1994 through
7		June 30, 2000, one-twelfth of $25,000,000 each month, for
8		the period July 1, 2000 through June 30, 2003, one-twelfth
9		of $30,000,000 each month, and $15,000,000 on July 1, 2003,
10		and $15,000,000 on January 1, 2004, and $15,000,000 on each
11		July 1 and October 1, or as soon thereafter as may be
12		practical, during of each calendar year for the period July
13		January 1, 2004 through June 30, 2006, for the
14		administration of the Vehicle Emissions Inspection Law of
15		1995, to be transferred by the State Comptroller and
16		Treasurer from the Motor Fuel Tax Fund into the Vehicle
17		Inspection Fund;
18		(5) amounts ordered paid by the Court of Claims; and
19		(6) payment of motor fuel use taxes due to member
20		jurisdictions under the terms of the International Fuel Tax
21		Agreement. The Department shall certify these amounts to
22		the Comptroller by the 15th day of each month; the
23		Comptroller shall cause orders to be drawn for such
24		amounts, and the Treasurer shall administer those amounts
25		on or before the last day of each month;
26		(e) after allocations for the purposes set forth in
27		subsections (a), (b), (c) and (d), the remaining amount shall
28		be apportioned as follows:
29		(1) Until January 1, 2000, 58.4%, and beginning January
30		1, 2000, 45.6% shall be deposited as follows:
31		(A) 37% into the State Construction Account Fund,
32		and
33		(B) 63% into the Road Fund, $1,250,000 of which
34		shall be reserved each month for the Department of

1		Transportation to be used in accordance with the
2		provisions of Sections 6-901 through 6-906 of the
3		Illinois Highway Code;
4		(2) Until January 1, 2000, 41.6%, and beginning January
5		1, 2000, 54.4% shall be transferred to the Department of
6		Transportation to be distributed as follows:
7		(A) 49.10% to the municipalities of the State,
8		(B) 16.74% to the counties of the State having
9		1,000,000 or more inhabitants,
10		(C) 18.27% to the counties of the State having less
11		than 1,000,000 inhabitants,
12		(D) 15.89% to the road districts of the State.
13		As soon as may be after the first day of each month the
14		Department of Transportation shall allot to each municipality
15		its share of the amount apportioned to the several
16		municipalities which shall be in proportion to the population
17		of such municipalities as determined by the last preceding
18		municipal census if conducted by the Federal Government or
19		Federal census. If territory is annexed to any municipality
20		subsequent to the time of the last preceding census the
21		corporate authorities of such municipality may cause a census
22		to be taken of such annexed territory and the population so
23		ascertained for such territory shall be added to the population
24		of the municipality as determined by the last preceding census
25		for the purpose of determining the allotment for that
26		municipality. If the population of any municipality was not
27		determined by the last Federal census preceding any
28		apportionment, the apportionment to such municipality shall be
29		in accordance with any census taken by such municipality. Any
30		municipal census used in accordance with this Section shall be
31		certified to the Department of Transportation by the clerk of
32		such municipality, and the accuracy thereof shall be subject to
33		approval of the Department which may make such corrections as
34		it ascertains to be necessary.

1		As soon as may be after the first day of each month the
2		Department of Transportation shall allot to each county its
3		share of the amount apportioned to the several counties of the
4		State as herein provided. Each allotment to the several
5		counties having less than 1,000,000 inhabitants shall be in
6		proportion to the amount of motor vehicle license fees received
7		from the residents of such counties, respectively, during the
8		preceding calendar year. The Secretary of State shall, on or
9		before April 15 of each year, transmit to the Department of
10		Transportation a full and complete report showing the amount of
11		motor vehicle license fees received from the residents of each
12		county, respectively, during the preceding calendar year. The
13		Department of Transportation shall, each month, use for
14		allotment purposes the last such report received from the
15		Secretary of State.
16		As soon as may be after the first day of each month, the
17		Department of Transportation shall allot to the several
18		counties their share of the amount apportioned for the use of
19		road districts. The allotment shall be apportioned among the
20		several counties in the State in the proportion which the total
21		mileage of township or district roads in the respective
22		counties bears to the total mileage of all township and
23		district roads in the State. Funds allotted to the respective
24		counties for the use of road districts therein shall be
25		allocated to the several road districts in the county in the
26		proportion which the total mileage of such township or district
27		roads in the respective road districts bears to the total
28		mileage of all such township or district roads in the county.
29		After July 1 of any year, no allocation shall be made for any
30		road district unless it levied a tax for road and bridge
31		purposes in an amount which will require the extension of such
32		tax against the taxable property in any such road district at a
33		rate of not less than either .08% of the value thereof, based
34		upon the assessment for the year immediately prior to the year

1		in which such tax was levied and as equalized by the Department
2		of Revenue or, in DuPage County, an amount equal to or greater
3		than $12,000 per mile of road under the jurisdiction of the
4		road district, whichever is less. If any road district has
5		levied a special tax for road purposes pursuant to Sections
6		6-601, 6-602 and 6-603 of the Illinois Highway Code, and such
7		tax was levied in an amount which would require extension at a
8		rate of not less than .08% of the value of the taxable property
9		thereof, as equalized or assessed by the Department of Revenue,
10		or, in DuPage County, an amount equal to or greater than
11		$12,000 per mile of road under the jurisdiction of the road
12		district, whichever is less, such levy shall, however, be
13		deemed a proper compliance with this Section and shall qualify
14		such road district for an allotment under this Section. If a
15		township has transferred to the road and bridge fund money
16		which, when added to the amount of any tax levy of the road
17		district would be the equivalent of a tax levy requiring
18		extension at a rate of at least .08%, or, in DuPage County, an
19		amount equal to or greater than $12,000 per mile of road under
20		the jurisdiction of the road district, whichever is less, such
21		transfer, together with any such tax levy, shall be deemed a
22		proper compliance with this Section and shall qualify the road
23		district for an allotment under this Section.
24		In counties in which a property tax extension limitation is
25		imposed under the Property Tax Extension Limitation Law, road
26		districts may retain their entitlement to a motor fuel tax
27		allotment if, at the time the property tax extension limitation
28		was imposed, the road district was levying a road and bridge
29		tax at a rate sufficient to entitle it to a motor fuel tax
30		allotment and continues to levy the maximum allowable amount
31		after the imposition of the property tax extension limitation.
32		Any road district may in all circumstances retain its
33		entitlement to a motor fuel tax allotment if it levied a road
34		and bridge tax in an amount that will require the extension of

1		the tax against the taxable property in the road district at a
2		rate of not less than 0.08% of the assessed value of the
3		property, based upon the assessment for the year immediately
4		preceding the year in which the tax was levied and as equalized
5		by the Department of Revenue or, in DuPage County, an amount
6		equal to or greater than $12,000 per mile of road under the
7		jurisdiction of the road district, whichever is less.
8		As used in this Section the term "road district" means any
9		road district, including a county unit road district, provided
10		for by the Illinois Highway Code; and the term "township or
11		district road" means any road in the township and district road
12		system as defined in the Illinois Highway Code. For the
13		purposes of this Section, "road district" also includes park
14		districts, forest preserve districts and conservation
15		districts organized under Illinois law and "township or
16		district road" also includes such roads as are maintained by
17		park districts, forest preserve districts and conservation
18		districts. The Department of Transportation shall determine
19		the mileage of all township and district roads for the purposes
20		of making allotments and allocations of motor fuel tax funds
21		for use in road districts.
22		Payment of motor fuel tax moneys to municipalities and
23		counties shall be made as soon as possible after the allotment
24		is made. The treasurer of the municipality or county may invest
25		these funds until their use is required and the interest earned
26		by these investments shall be limited to the same uses as the
27		principal funds.
28		(Source: P.A. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32,
29		eff. 6-20-03.)

30		Section 10-150. The Electricity Excise Tax Law is amended
31		by changing Sections 2-9 and 2-11 as follows:
32		(35 ILCS 640/2-9)

1		Sec. 2-9. Return and payment of tax by delivering supplier.
2		Each delivering supplier who is required or authorized to
3		collect the tax imposed by this Law shall make a return to the
4		Department on or before the 15th day of each month for the
5		preceding calendar month stating the following:
6		(1) The delivering supplier's name.
7		(2) The address of the delivering supplier's principal
8		place of business and the address of the principal place of
9		business (if that is a different address) from which the
10		delivering supplier engaged in the business of delivering
11		electricity in this State.
12		(3) The total number of kilowatt-hours which the
13		supplier delivered to or for purchasers during the
14		preceding calendar month and upon the basis of which the
15		tax is imposed.
16		(4) Amount of tax, computed upon Item (3) at the rates
17		stated in Section 2-4.
18		(5) An adjustment for uncollectible amounts of tax in
19		respect of prior period kilowatt-hour deliveries,
20		determined in accordance with rules and regulations
21		promulgated by the Department.
22		(5.5) The amount of credits to which the taxpayer is
23		entitled on account of purchases made under Section 8-403.1
24		of the Public Utilities Act.
25		(6) Such other information as the Department
26		reasonably may require.
27		In making such return the delivering supplier may use any
28		reasonable method to derive reportable "kilowatt-hours" from
29		the delivering supplier's records.
30		If the average monthly tax liability to the Department of
31		the delivering supplier does not exceed $2,500, the Department
32		may authorize the delivering supplier's returns to be filed on
33		a quarter-annual basis, with the return for January, February
34		and March of a given year being due by April 30 of such year;

1		with the return for April, May and June of a given year being
2		due by July 31 of such year; with the return for July, August
3		and September of a given year being due by October 31 of such
4		year; and with the return for October, November and December of
5		a given year being due by January 31 of the following year.
6		If the average monthly tax liability to the Department of
7		the delivering supplier does not exceed $1,000, the Department
8		may authorize the delivering supplier's returns to be filed on
9		an annual basis, with the return for a given year being due by
10		January 31 of the following year.
11		Such quarter-annual and annual returns, as to form and
12		substance, shall be subject to the same requirements as monthly
13		returns.
14		Notwithstanding any other provision in this Law concerning
15		the time within which a delivering supplier may file a return,
16		any such delivering supplier who ceases to engage in a kind of
17		business which makes the person responsible for filing returns
18		under this Law shall file a final return under this Law with
19		the Department not more than one month after discontinuing such
20		business.
21		Each delivering supplier whose average monthly liability
22		to the Department under this Law was $10,000 or more during the
23		preceding calendar year, excluding the month of highest
24		liability and the month of lowest liability in such calendar
25		year, and who is not operated by a unit of local government,
26		shall make estimated payments to the Department on or before
27		the 7th, 15th, 22nd and last day of the month during which tax
28		liability to the Department is incurred in an amount not less
29		than the lower of either 22.5% of such delivering supplier's
30		actual tax liability for the month or 25% of such delivering
31		supplier's actual tax liability for the same calendar month of
32		the preceding year. The amount of such quarter-monthly payments
33		shall be credited against the final tax liability of such
34		delivering supplier's return for that month. An outstanding

1		credit approved by the Department or a credit memorandum issued
2		by the Department arising from such delivering supplier's
3		overpayment of his or her final tax liability for any month may
4		be applied to reduce the amount of any subsequent
5		quarter-monthly payment or credited against the final tax
6		liability of such delivering supplier's return for any
7		subsequent month. If any quarter-monthly payment is not paid at
8		the time or in the amount required by this Section, such
9		delivering supplier shall be liable for penalty and interest on
10		the difference between the minimum amount due as a payment and
11		the amount of such payment actually and timely paid, except
12		insofar as such delivering supplier has previously made
13		payments for that month to the Department in excess of the
14		minimum payments previously due.
15		If the Director finds that the information required for the
16		making of an accurate return cannot reasonably be compiled by
17		such delivering supplier within 15 days after the close of the
18		calendar month for which a return is to be made, the Director
19		may grant an extension of time for the filing of such return
20		for a period not to exceed 31 calendar days. The granting of
21		such an extension may be conditioned upon the deposit by such
22		delivering supplier with the Department of an amount of money
23		not exceeding the amount estimated by the Director to be due
24		with the return so extended. All such deposits shall be
25		credited against such delivering supplier's liabilities under
26		this Law. If the deposit exceeds such delivering supplier's
27		present and probable future liabilities under this Law, the
28		Department shall issue to such delivering supplier a credit
29		memorandum, which may be assigned by such delivering supplier
30		to a similar person under this Law, in accordance with
31		reasonable rules and regulations to be prescribed by the
32		Department.
33		The delivering supplier making the return provided for in
34		this Section shall, at the time of making such return, pay to

1		the Department the amount of tax imposed by this Law.
2		Until October 1, 2002, a delivering supplier who has an
3		average monthly tax liability of $10,000 or more shall make all
4		payments required by rules of the Department by electronic
5		funds transfer. The term "average monthly tax liability" shall
6		be the sum of the delivering supplier's liabilities under this
7		Law for the immediately preceding calendar year divided by 12.
8		Beginning on October 1, 2002, a taxpayer who has a tax
9		liability in the amount set forth in subsection (b) of Section
10		2505-210 of the Department of Revenue Law shall make all
11		payments required by rules of the Department by electronic
12		funds transfer. Any delivering supplier not required to make
13		payments by electronic funds transfer may make payments by
14		electronic funds transfer with the permission of the
15		Department. All delivering suppliers required to make payments
16		by electronic funds transfer and any delivering suppliers
17		authorized to voluntarily make payments by electronic funds
18		transfer shall make those payments in the manner authorized by
19		the Department.
20		Through June 30, 2004, each Each month the Department shall
21		pay into the Public Utility Fund in the State treasury an
22		amount determined by the Director to be equal to 3.0% of the
23		funds received by the Department pursuant to this Section.
24		Through June 30, 2004, the The remainder of all moneys received
25		by the Department under this Section shall be paid into the
26		General Revenue Fund in the State treasury. Beginning on July
27		1, 2004, of the 3% of the funds received pursuant to this
28		Section, each month the Department shall pay $416,667 into the
29		General Revenue Fund and the balance shall be paid into the
30		Public Utility Fund in the State treasury.
31		(Source: P.A. 92-492, eff. 1-1-02.)
32		(35 ILCS 640/2-11)
33		Sec. 2-11. Direct return and payment by self-assessing

1		purchaser. When electricity is used or consumed by a
2		self-assessing purchaser subject to the tax imposed by this Law
3		who did not pay the tax to a delivering supplier maintaining a
4		place of business within this State and required or authorized
5		to collect the tax, that self-assessing purchaser shall, on or
6		before the 15th day of each month, make a return to the
7		Department for the preceding calendar month, stating all of the
8		following:
9		(1) The self-assessing purchaser's name and principal
10		address.
11		(2) The aggregate purchase price paid by the
12		self-assessing purchaser for the distribution, supply,
13		furnishing, sale, transmission and delivery of such
14		electricity to or for the purchaser during the preceding
15		calendar month, including budget plan and other
16		purchaser-owned amounts applied during such month in
17		payment of charges includible in the purchase price, and
18		upon the basis of which the tax is imposed.
19		(3) Amount of tax, computed upon item (2) at the rate
20		stated in Section 2-4.
21		(4) Such other information as the Department
22		reasonably may require.
23		In making such return the self-assessing purchaser may use
24		any reasonable method to derive reportable "purchase price"
25		from the self-assessing purchaser's records.
26		If the average monthly tax liability of the self-assessing
27		purchaser to the Department does not exceed $2,500, the
28		Department may authorize the self-assessing purchaser's
29		returns to be filed on a quarter-annual basis, with the return
30		for January, February and March of a given year being due by
31		April 30 of such year; with the return for April, May and June
32		of a given year being due by July 31 of such year; with the
33		return for July, August, and September of a given year being
34		due by October 31 of such year; and with the return for

1		October, November and December of a given year being due by
2		January 31 of the following year.
3		If the average monthly tax liability of the self-assessing
4		purchaser to the Department does not exceed $1,000, the
5		Department may authorize the self-assessing purchaser's
6		returns to be filed on an annual basis, with the return for a
7		given year being due by January 31 of the following year.
8		Such quarter-annual and annual returns, as to form and
9		substance, shall be subject to the same requirements as monthly
10		returns.
11		Notwithstanding any other provision in this Law concerning
12		the time within which a self-assessing purchaser may file a
13		return, any such self-assessing purchaser who ceases to be
14		responsible for filing returns under this Law shall file a
15		final return under this Law with the Department not more than
16		one month thereafter.
17		Each self-assessing purchaser whose average monthly
18		liability to the Department pursuant to this Section was
19		$10,000 or more during the preceding calendar year, excluding
20		the month of highest liability and the month of lowest
21		liability during such calendar year, and which is not operated
22		by a unit of local government, shall make estimated payments to
23		the Department on or before the 7th, 15th, 22nd and last day of
24		the month during which tax liability to the Department is
25		incurred in an amount not less than the lower of either 22.5%
26		of such self-assessing purchaser's actual tax liability for the
27		month or 25% of such self-assessing purchaser's actual tax
28		liability for the same calendar month of the preceding year.
29		The amount of such quarter-monthly payments shall be credited
30		against the final tax liability of the self-assessing
31		purchaser's return for that month. An outstanding credit
32		approved by the Department or a credit memorandum issued by the
33		Department arising from the self-assessing purchaser's
34		overpayment of the self-assessing purchaser's final tax

1		liability for any month may be applied to reduce the amount of
2		any subsequent quarter-monthly payment or credited against the
3		final tax liability of such self-assessing purchaser's return
4		for any subsequent month. If any quarter-monthly payment is not
5		paid at the time or in the amount required by this Section,
6		such person shall be liable for penalty and interest on the
7		difference between the minimum amount due as a payment and the
8		amount of such payment actually and timely paid, except insofar
9		as such person has previously made payments for that month to
10		the Department in excess of the minimum payments previously
11		due.
12		If the Director finds that the information required for the
13		making of an accurate return cannot reasonably be compiled by a
14		self-assessing purchaser within 15 days after the close of the
15		calendar month for which a return is to be made, the Director
16		may grant an extension of time for the filing of such return
17		for a period of not to exceed 31 calendar days. The granting of
18		such an extension may be conditioned upon the deposit by such
19		self-assessing purchaser with the Department of an amount of
20		money not exceeding the amount estimated by the Director to be
21		due with the return so extended. All such deposits shall be
22		credited against such self-assessing purchaser's liabilities
23		under this Law. If the deposit exceeds such self-assessing
24		purchaser's present and probable future liabilities under this
25		Law, the Department shall issue to such self-assessing
26		purchaser a credit memorandum, which may be assigned by such
27		self-assessing purchaser to a similar person under this Law, in
28		accordance with reasonable rules and regulations to be
29		prescribed by the Department.
30		The self-assessing purchaser making the return provided
31		for in this Section shall, at the time of making such return,
32		pay to the Department the amount of tax imposed by this Law.
33		Until October 1, 2002, a self-assessing purchaser who has
34		an average monthly tax liability of $10,000 or more shall make

1		all payments required by rules of the Department by electronic
2		funds transfer. The term "average monthly tax liability" shall
3		be the sum of the self-assessing purchaser's liabilities under
4		this Law for the immediately preceding calendar year divided by
5		12. Beginning on October 1, 2002, a taxpayer who has a tax
6		liability in the amount set forth in subsection (b) of Section
7		2505-210 of the Department of Revenue Law shall make all
8		payments required by rules of the Department by electronic
9		funds transfer. Any self-assessing purchaser not required to
10		make payments by electronic funds transfer may make payments by
11		electronic funds transfer with the permission of the
12		Department. All self-assessing purchasers required to make
13		payments by electronic funds transfer and any self-assessing
14		purchasers authorized to voluntarily make payments by
15		electronic funds transfer shall make those payments in the
16		manner authorized by the Department.
17		Through June 30, 2004, each Each month the Department shall
18		pay into the Public Utility Fund in the State treasury an
19		amount determined by the Director to be equal to 3.0% of the
20		funds received by the Department pursuant to this Section.
21		Through June 30, 2004, the The remainder of all moneys received
22		by the Department under this Section shall be paid into the
23		General Revenue Fund in the State treasury. Beginning on July
24		1, 2004, of the 3% of the funds received pursuant to this
25		Section, each month the Department shall pay $416,667 into the
26		General Revenue Fund and the balance shall be paid into the
27		Public Utility Fund in the State treasury.
28		(Source: P.A. 91-357, eff. 7-29-99; 92-492, eff. 1-1-02.)

29		Section 10-155. The Illinois Pension Code is amended by
30		changing Sections 14-103.05, 14-108.3, 14-135.08, 15-106,
31		15-107, and 16-133.3 and adding Section 14-132.1 as follows:
32		(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)

1		Sec. 14-103.05. Employee.
2		(a) Any person employed by a Department who receives salary
3		for personal services rendered to the Department on a warrant
4		issued pursuant to a payroll voucher certified by a Department
5		and drawn by the State Comptroller upon the State Treasurer,
6		including an elected official described in subparagraph (d) of
7		Section 14-104, shall become an employee for purpose of
8		membership in the Retirement System on the first day of such
9		employment.
10		A person entering service on or after January 1, 1972 and
11		prior to January 1, 1984 shall become a member as a condition
12		of employment and shall begin making contributions as of the
13		first day of employment.
14		A person entering service on or after January 1, 1984
15		shall, upon completion of 6 months of continuous service which
16		is not interrupted by a break of more than 2 months, become a
17		member as a condition of employment. Contributions shall begin
18		the first of the month after completion of the qualifying
19		period.
20		The qualifying period of 6 months of service is not
21		applicable to: (1) a person who has been granted credit for
22		service in a position covered by the State Universities
23		Retirement System, the Teachers' Retirement System of the State
24		of Illinois, the General Assembly Retirement System, or the
25		Judges Retirement System of Illinois unless that service has
26		been forfeited under the laws of those systems; (2) a person
27		entering service on or after July 1, 1991 in a noncovered
28		position; or (3) a person to whom Section 14-108.2a or
29		14-108.2b applies.
30		(b) The term "employee" does not include the following:
31		(1) members of the State Legislature, and persons
32		electing to become members of the General Assembly
33		Retirement System pursuant to Section 2-105;
34		(2) incumbents of offices normally filled by vote of

1		the people;
2		(3) except as otherwise provided in this Section, any
3		person appointed by the Governor with the advice and
4		consent of the Senate unless that person elects to
5		participate in this system;
6		(4) except as provided in Section 14-108.2 or
7		14-108.2c, any person who is covered or eligible to be
8		covered by the Teachers' Retirement System of the State of
9		Illinois, the State Universities Retirement System, or the
10		Judges Retirement System of Illinois;
11		(5) an employee of a municipality or any other
12		political subdivision of the State;
13		(6) any person who becomes an employee after June 30,
14		1979 as a public service employment program participant
15		under the Federal Comprehensive Employment and Training
16		Act and whose wages or fringe benefits are paid in whole or
17		in part by funds provided under such Act;
18		(7) enrollees of the Illinois Young Adult Conservation
19		Corps program, administered by the Department of Natural
20		Resources, authorized grantee pursuant to Title VIII of the
21		"Comprehensive Employment and Training Act of 1973", 29 USC
22		993, as now or hereafter amended;
23		(8) enrollees and temporary staff of programs
24		administered by the Department of Natural Resources under
25		the Youth Conservation Corps Act of 1970;
26		(9) any person who is a member of any professional
27		licensing or disciplinary board created under an Act
28		administered by the Department of Professional Regulation
29		or a successor agency or created or re-created after the
30		effective date of this amendatory Act of 1997, and who
31		receives per diem compensation rather than a salary,
32		notwithstanding that such per diem compensation is paid by
33		warrant issued pursuant to a payroll voucher; such persons
34		have never been included in the membership of this System,

1		and this amendatory Act of 1987 (P.A. 84-1472) is not
2		intended to effect any change in the status of such
3		persons;
4		(10) any person who is a member of the Illinois Health
5		Care Cost Containment Council, and receives per diem
6		compensation rather than a salary, notwithstanding that
7		such per diem compensation is paid by warrant issued
8		pursuant to a payroll voucher; such persons have never been
9		included in the membership of this System, and this
10		amendatory Act of 1987 is not intended to effect any change
11		in the status of such persons; or
12		(11) any person who is a member of the Oil and Gas
13		Board created by Section 1.2 of the Illinois Oil and Gas
14		Act, and receives per diem compensation rather than a
15		salary, notwithstanding that such per diem compensation is
16		paid by warrant issued pursuant to a payroll voucher; or .
17		(12) a person employed by the State Board of Higher
18		Education in a position with the Illinois Century Network
19		as of June 30, 2004, who remains continuously employed
20		after that date by the Department of Central Management
21		Services in a position with the Illinois Century Network
22		and participates in the Article 15 system with respect to
23		that employment.
24		(Source: P.A. 92-14, eff. 6-28-01.)
25		(40 ILCS 5/14-108.3)
26		Sec. 14-108.3. Early retirement incentives.
27		(a) To be eligible for the benefits provided in this
28		Section, a person must:
29		(1) be a member of this System who, on any day during
30		June, 2002, is (i) in active payroll status in a position
31		of employment with a department and an active contributor
32		to this System with respect to that employment, and
33		terminates that employment before the retirement annuity

1		under this Article begins, or (ii) on layoff status from
2		such a position with a right of re-employment or recall to
3		service, or (iii) receiving benefits under Section 14-123,
4		14-123.1 or 14-124, but only if the member has not been
5		receiving those benefits for a continuous period of more
6		than 2 years as of the date of application;
7		(2) not have received any retirement annuity under this
8		Article beginning earlier than August 1, 2002;
9		(3) file with the Board on or before December 31, 2002
10		a written application requesting the benefits provided in
11		this Section;
12		(4) terminate employment under this Article no later
13		than December 31, 2002 (or the date established under
14		subsection (d), if applicable);
15		(5) by the date of termination of service, have at
16		least 8 years of creditable service under this Article,
17		without the use of any creditable service established under
18		this Section;
19		(6) by the date of termination of service, have at
20		least 5 years of membership service earned while an
21		employee under this Article, which may include military
22		service for which credit is established under Section
23		14-105(b), service during the qualifying period for which
24		credit is established under Section 14-104(a), and service
25		for which credit has been established by repaying a refund
26		under Section 14-130, but shall not include service for
27		which any other optional service credit has been
28		established; and
29		(7) not receive any early retirement benefit under
30		Section 16-133.3 of this Code.
31		(b) An eligible person may establish up to 5 years of
32		creditable service under this Article, in increments of one
33		month, by making the contributions specified in subsection (c).
34		In addition, for each month of creditable service established

1		under this Section, a person's age at retirement shall be
2		deemed to be one month older than it actually is.
3		The creditable service established under this Section may
4		be used for all purposes under this Article and the Retirement
5		Systems Reciprocal Act, except for the computation of final
6		average compensation under Section 14-103.12 or the
7		determination of compensation under this or any other Article
8		of this Code.
9		The age enhancement established under this Section may not
10		be used to enable any person to begin receiving a retirement
11		annuity calculated under Section 14-110 before actually
12		attaining age 50 (without any age enhancement under this
13		Section). The age enhancement established under this Section
14		may be used for all other purposes under this Article
15		(including calculation of a proportionate annuity payable by
16		this System under the Retirement Systems Reciprocal Act),
17		except for purposes of the level income option in Section
18		14-112, the reversionary annuity under Section 14-113, and the
19		required distributions under Section 14-121.1.
20		The age enhancement established under this Section may be
21		used in determining benefits payable under Article 16 of this
22		Code under the Retirement Systems Reciprocal Act, if the person
23		has at least 5 years of service credit in the Article 16 system
24		that was earned while participating in that system as a teacher
25		(as defined in Section 16-106) employed by a department (as
26		defined in Section 14-103.04). Age enhancement established
27		under this Section shall not otherwise be used in determining
28		benefits payable under other Articles of this Code under the
29		Retirement Systems Reciprocal Act.
30		(c) For all creditable service established under this
31		Section, a person must pay to the System an employee
32		contribution to be determined by the System, based on the
33		member's rate of compensation on June 1, 2002 (or the last date
34		before June 1, 2002 for which a rate can be determined) and the

1		retirement contribution rate in effect on June 1, 2002 for the
2		member (or for members with the same social security and
3		alternative formula status as the member).
4		If the member receives a lump sum payment for accumulated
5		vacation, sick leave and personal leave upon withdrawal from
6		service, and the net amount of that lump sum payment is at
7		least as great as the amount of the contribution required under
8		this Section, the entire contribution must be paid by the
9		employee by payroll deduction. If there is no such lump sum
10		payment, or if it is less than the contribution required under
11		this Section, the member shall make an initial payment by
12		payroll deduction, equal to the net amount of the lump sum
13		payment for accumulated vacation, sick leave, and personal
14		leave, and have the remaining amount due treated as a reduction
15		from the retirement annuity in 24 equal monthly installments
16		beginning in the month in which the retirement annuity takes
17		effect. The required contribution may be paid as a pre-tax
18		deduction from earnings. For federal and Illinois tax purposes,
19		the monthly amount by which the annuitant's benefit is reduced
20		shall not be treated as a contribution by the annuitant, but
21		rather as a reduction of the annuitant's monthly benefit.
22		(c-5) The reduction in retirement annuity provided in
23		subsection (c) of Section 14-108 does not apply to the annuity
24		of a person who retires under this Section. A person who has
25		received any age enhancement or creditable service under this
26		Section may begin to receive an unreduced retirement annuity
27		upon attainment of age 55 with at least 25 years of creditable
28		service (including any age enhancement and creditable service
29		established under this Section).
30		(d) In order to ensure that the efficient operation of
31		State government is not jeopardized by the simultaneous
32		retirement of large numbers of key personnel, the director or
33		other head of a department may, for key employees of that
34		department, extend the December 31, 2002 deadline for

1		terminating employment under this Article established in
2		subdivision (a)(4) of this Section to a date not later than
3		April 30, 2003 by so notifying the System in writing by
4		December 31, 2002.
5		(e) Notwithstanding Section 14-111, a person who has
6		received any age enhancement or creditable service under this
7		Section and who reenters service under this Article (or as an
8		employee of a department under Article 16) other than as a
9		temporary employee thereby forfeits that age enhancement and
10		creditable service and is entitled to a refund of the
11		contributions made pursuant to this Section.
12		(f) The System shall determine the amount of the increase
13		in the present value of future benefits unfunded accrued
14		liability resulting from the granting of early retirement
15		incentives under this Section and shall report that amount to
16		the Governor and the Pension Laws Commission (or its successor,
17		the Economic and Fiscal Commission) on or after the effective
18		date of this amendatory Act of the 93rd General Assembly and on
19		or before November 15, 2004 2003. The increase in liability
20		reported under this subsection (f) shall not be included in the
21		calculation of the required State contribution under Section
22		14-131.
23		(g) The System shall determine the amount of the annual
24		State contribution necessary to amortize on a level
25		dollar-payment basis, over a period of 10 years at 8.5%
26		interest, compounded annually, an amount equal to the increase
27		in unfunded accrued liability determined under subsection (f)
28		minus $70,000,000. The System shall certify the amount of this
29		annual State contribution to the Governor, the State
30		Comptroller, the Governor's Office of Management and Budget
31		(formerly Bureau of the Budget), and the Pension Laws
32		Commission (or its successor, the Economic and Fiscal
33		Commission) on or before November 15, 2003. In addition to the
34		contributions otherwise required under this Article, the State

1		shall appropriate and pay to the System (1) an amount equal to
2		$70,000,000 in State fiscal years year 2004 and 2005 and (2) in
3		each of State fiscal years 2006 through 2015, a level
4		dollar-payment based upon the increase in the present value of
5		future benefits provided by the early retirement incentives
6		provided under this Section amortized at 8.5% interest 2005
7		through 2013, an amount equal to the annual State contribution
8		certified by the System under this subsection (g).
9		(h) The Economic and Fiscal Commission (i) shall hold one
10		or more hearings on or before the last session day during the
11		fall veto session of 2004 to review recommendations relating to
12		funding of early retirement incentives under this Section and
13		(ii) shall file its report with the General Assembly on or
14		before December 31, 2004 making its recommendations relating to
15		funding of early retirement incentives under this Section; the
16		Commission's report may contain both majority recommendations
17		and minority recommendations. The System shall recalculate and
18		recertify to the Governor by January 31, 2005 the amount of the
19		required State contribution to the System for State fiscal year
20		2005 with respect to those incentives. The Pension Laws
21		Commission (or its successor, the Economic and Fiscal
22		Commission) shall determine and report to the General Assembly,
23		on or before January 1, 2004 and annually thereafter through
24		the year 2013, its estimate of (1) the annual amount of payroll
25		savings likely to be realized by the State as a result of the
26		early retirement of persons receiving early retirement
27		incentives under this Section and (2) the net annual savings or
28		cost to the State from the program of early retirement
29		incentives created under this Section.
30		The System, the Department of Central Management Services,
31		the Governor's Office of Management and Budget (formerly Bureau
32		of the Budget), and all other departments shall provide to the
33		Commission any assistance that the Commission may request with
34		respect to its reports under this Section. The Commission may

1		require departments to provide it with any information that it
2		deems necessary or useful with respect to its reports under
3		this Section, including without limitation information about
4		(1) the final earnings of former department employees who
5		elected to receive benefits under this Section, (2) the
6		earnings of current department employees holding the positions
7		vacated by persons who elected to receive benefits under this
8		Section, and (3) positions vacated by persons who elected to
9		receive benefits under this Section that have not yet been
10		refilled.
11		(i) The changes made to this Section by this amendatory Act
12		of the 92nd General Assembly do not apply to persons who
13		retired under this Section on or before May 1, 1992.
14		(Source: P.A. 92-566, eff. 6-25-02; 93-632, eff. 2-1-04.)
15		(40 ILCS 5/14-132.2 new)
16		Sec. 14-132.2. Payment into the General Obligation
17		Retirement and Interest Fund. Notwithstanding any other law, on
18		the first day of each month, or as soon thereafter as
19		practical, the System shall pay over to the State for deposit
20		into the General Obligation Retirement and Interest Fund all
21		amounts previously received by the System pursuant to Section
22		14-135.08(b) representing additional amounts to pay principal
23		of and interest on general obligation bonds authorized by
24		Section 7.2(a) of the General Obligation Bond Act and issued to
25		provide those proceeds deposited by the State with the System
26		in July 2004, representing deposits other than amounts reserved
27		under Section 7.2 of the General Obligation Bond Act.
28		(40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
29		Sec. 14-135.08. To certify required State contributions.
30		(a) To certify to the Governor and to each department, on
31		or before November 15 of each year, the required rate for State
32		contributions to the System for the next State fiscal year, as

1		determined under subsection (b) of Section 14-131. The
2		certification to the Governor shall include a copy of the
3		actuarial recommendations upon which the rate is based.
4		(b) The certification shall include an additional amount
5		necessary to pay all principal of and interest on those general
6		obligation bonds due the next fiscal year authorized by Section
7		7.2(a) of the General Obligation Bond Act and issued to provide
8		the proceeds deposited by the State with the System in July
9		2004, representing deposits other than amounts reserved under
10		Section 7.2(c) of the General Obligation Bond Act. For State
11		fiscal year 2005, the Board shall make a supplemental
12		certification of the additional amount necessary to pay all
13		principal of and interest on those general obligation bonds due
14		in State fiscal years 2004 and 2005 authorized by Section
15		7.2(a) of the General Obligation Bond Act and issued to provide
16		the proceeds deposited by the State with the System in July
17		2004, representing deposits other than amounts reserved under
18		Section 7.2(c) of the General Obligation Bond Act, as soon as
19		practical after the effective date of this amendatory Act of
20		the 93rd General Assembly.
21		On or before May 1, 2004, the Board shall recalculate and
22		recertify to the Governor and to each department the amount of
23		the required State contribution to the System and the required
24		rates for State contributions to the System for State fiscal
25		year 2005, taking into account the amounts appropriated to and
26		received by the System under subsection (d) of Section 7.2 of
27		the General Obligation Bond Act.
28		(Source: P.A. 93-2, eff. 4-7-03.)
29		(40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
30		Sec. 15-106. Employer. "Employer": The University of
31		Illinois, Southern Illinois University, Chicago State
32		University, Eastern Illinois University, Governors State
33		University, Illinois State University, Northeastern Illinois

1		University, Northern Illinois University, Western Illinois
2		University, the State Board of Higher Education, the Illinois
3		Mathematics and Science Academy, the State Geological Survey
4		Division of the Department of Natural Resources, the State
5		Natural History Survey Division of the Department of Natural
6		Resources, the State Water Survey Division of the Department of
7		Natural Resources, the Waste Management and Research Center of
8		the Department of Natural Resources, the University Civil
9		Service Merit Board, the Board of Trustees of the State
10		Universities Retirement System, the Illinois Community College
11		Board, community college boards, any association of community
12		college boards organized under Section 3-55 of the Public
13		Community College Act, the Board of Examiners established under
14		the Illinois Public Accounting Act, and, only during the period
15		for which employer contributions required under Section 15-155
16		are paid, the following organizations: the alumni
17		associations, the foundations and the athletic associations
18		which are affiliated with the universities and colleges
19		included in this Section as employers.
20		A department as defined in Section 14-103.04 is an employer
21		for any person appointed by the Governor under the Civil
22		Administrative Code of Illinois who is a participating employee
23		as defined in Section 15-109. The Department of Central
24		Management Services is an employer with respect to persons
25		employed by the State Board of Higher Education in positions
26		with the Illinois Century Network as of June 30, 2004 who
27		remain continuously employed after that date by the Department
28		of Central Management Services in positions with the Illinois
29		Century Network.
30		The cities of Champaign and Urbana shall be considered
31		employers, but only during the period for which contributions
32		are required to be made under subsection (b-1) of Section
33		15-155 and only with respect to individuals described in
34		subsection (h) of Section 15-107.

1		(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
2		eff. 8-17-97; 90-511, eff. 8-22-97; 90-576, eff. 3-31-98;
3		90-655, eff. 7-30-98.)
4		(40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
5		Sec. 15-107. Employee.
6		(a) "Employee" means any member of the educational,
7		administrative, secretarial, clerical, mechanical, labor or
8		other staff of an employer whose employment is permanent and
9		continuous or who is employed in a position in which services
10		are expected to be rendered on a continuous basis for at least
11		4 months or one academic term, whichever is less, who (A)
12		receives payment for personal services on a warrant issued
13		pursuant to a payroll voucher certified by an employer and
14		drawn by the State Comptroller upon the State Treasurer or by
15		an employer upon trust, federal or other funds, or (B) is on a
16		leave of absence without pay. Employment which is irregular,
17		intermittent or temporary shall not be considered continuous
18		for purposes of this paragraph.
19		However, a person is not an "employee" if he or she:
20		(1) is a student enrolled in and regularly attending
21		classes in a college or university which is an employer,
22		and is employed on a temporary basis at less than full
23		time;
24		(2) is currently receiving a retirement annuity or a
25		disability retirement annuity under Section 15-153.2 from
26		this System;
27		(3) is on a military leave of absence;
28		(4) is eligible to participate in the Federal Civil
29		Service Retirement System and is currently making
30		contributions to that system based upon earnings paid by an
31		employer;
32		(5) is on leave of absence without pay for more than 60
33		days immediately following termination of disability

1		benefits under this Article;
2		(6) is hired after June 30, 1979 as a public service
3		employment program participant under the Federal
4		Comprehensive Employment and Training Act and receives
5		earnings in whole or in part from funds provided under that
6		Act; or
7		(7) is employed on or after July 1, 1991 to perform
8		services that are excluded by subdivision (a)(7)(f) or
9		(a)(19) of Section 210 of the federal Social Security Act
10		from the definition of employment given in that Section (42
11		U.S.C. 410).
12		(b) Any employer may, by filing a written notice with the
13		board, exclude from the definition of "employee" all persons
14		employed pursuant to a federally funded contract entered into
15		after July 1, 1982 with a federal military department in a
16		program providing training in military courses to federal
17		military personnel on a military site owned by the United
18		States Government, if this exclusion is not prohibited by the
19		federally funded contract or federal laws or rules governing
20		the administration of the contract.
21		(c) Any person appointed by the Governor under the Civil
22		Administrative Code of the State is an employee, if he or she
23		is a participant in this system on the effective date of the
24		appointment.
25		(d) A participant on lay-off status under civil service
26		rules is considered an employee for not more than 120 days from
27		the date of the lay-off.
28		(e) A participant is considered an employee during (1) the
29		first 60 days of disability leave, (2) the period, not to
30		exceed one year, in which his or her eligibility for disability
31		benefits is being considered by the board or reviewed by the
32		courts, and (3) the period he or she receives disability
33		benefits under the provisions of Section 15-152, workers'
34		compensation or occupational disease benefits, or disability

1		income under an insurance contract financed wholly or partially
2		by the employer.
3		(f) Absences without pay, other than formal leaves of
4		absence, of less than 30 calendar days, are not considered as
5		an interruption of a person's status as an employee. If such
6		absences during any period of 12 months exceed 30 work days,
7		the employee status of the person is considered as interrupted
8		as of the 31st work day.
9		(g) A staff member whose employment contract requires
10		services during an academic term is to be considered an
11		employee during the summer and other vacation periods, unless
12		he or she declines an employment contract for the succeeding
13		academic term or his or her employment status is otherwise
14		terminated, and he or she receives no earnings during these
15		periods.
16		(h) An individual who was a participating employee employed
17		in the fire department of the University of Illinois's
18		Champaign-Urbana campus immediately prior to the elimination
19		of that fire department and who immediately after the
20		elimination of that fire department became employed by the fire
21		department of the City of Urbana or the City of Champaign shall
22		continue to be considered as an employee for purposes of this
23		Article for so long as the individual remains employed as a
24		firefighter by the City of Urbana or the City of Champaign. The
25		individual shall cease to be considered an employee under this
26		subsection (h) upon the first termination of the individual's
27		employment as a firefighter by the City of Urbana or the City
28		of Champaign.
29		(i) An individual who is employed on a full-time basis as
30		an officer or employee of a statewide teacher organization that
31		serves System participants or an officer of a national teacher
32		organization that serves System participants may participate
33		in the System and shall be deemed an employee, provided that
34		(1) the individual has previously earned creditable service

1		under this Article, (2) the individual files with the System an
2		irrevocable election to become a participant, and (3) the
3		individual does not receive credit for that employment under
4		any other Article of this Code. An employee under this
5		subsection (i) is responsible for paying to the System both (A)
6		employee contributions based on the actual compensation
7		received for service with the teacher organization and (B)
8		employer contributions equal to the normal costs (as defined in
9		Section 15-155) resulting from that service; all or any part of
10		these contributions may be paid on the employee's behalf or
11		picked up for tax purposes (if authorized under federal law) by
12		the teacher organization.
13		A person who is an employee as defined in this subsection
14		(i) may establish service credit for similar employment prior
15		to becoming an employee under this subsection by paying to the
16		System for that employment the contributions specified in this
17		subsection, plus interest at the effective rate from the date
18		of service to the date of payment. However, credit shall not be
19		granted under this subsection for any such prior employment for
20		which the applicant received credit under any other provision
21		of this Code, or during which the applicant was on a leave of
22		absence under Section 15-113.2.
23		(j) A person employed by the State Board of Higher
24		Education in a position with the Illinois Century Network as of
25		June 30, 2004 shall be considered to be an employee for so long
26		as he or she remains continuously employed after that date by
27		the Department of Central Management Services in a position
28		with the Illinois Century Network and meets the requirements of
29		subsection (a).
30		(Source: P.A. 93-347, eff. 7-24-03.)

31		(40 ILCS 5/16-133.3) (from Ch. 108 1/2, par. 16-133.3)
32		Sec. 16-133.3. Early retirement incentives for State
33		employees.

1		(a) To be eligible for the benefits provided in this
2		Section, a person must:
3		(1) be a member of this System who, on any day during
4		June, 2002, is (i) in active payroll status as a full-time
5		teacher employed by a department and an active contributor
6		to this System with respect to that employment, or (ii) on
7		layoff status from such a position with a right of
8		re-employment or recall to service, or (iii) receiving a
9		disability benefit under Section 16-149 or 16-149.1, but
10		only if the member has not been receiving that benefit for
11		a continuous period of more than 2 years as of the date of
12		application;
13		(2) not have received any retirement annuity under this
14		Article beginning earlier than August 1, 2002;
15		(3) file with the Board on or before December 31, 2002
16		a written application requesting the benefits provided in
17		this Section;
18		(4) terminate employment under this Article no later
19		than December 31, 2002 (or the date established under
20		subsection (d), if applicable);
21		(5) by the date of termination of service, have at
22		least 8 years of creditable service under this Article,
23		without the use of any creditable service established under
24		this Section;
25		(6) by the date of termination of service, have at
26		least 5 years of service credit earned while participating
27		in the System as a teacher employed by a department; and
28		(7) not receive any early retirement benefit under
29		Section 14-108.3 of this Code.
30		For the purposes of this Section, "department" means a
31		department as defined in Section 14-103.04 that employs a
32		teacher as defined in this Article.
33		(b) An eligible person may establish up to 5 years of
34		creditable service under this Article by making the

1		contributions specified in subsection (c). In addition, for
2		each period of creditable service established under this
3		Section, a person's age at retirement shall be deemed to be
4		enhanced by an equivalent period.
5		The creditable service established under this Section may
6		be used for all purposes under this Article and the Retirement
7		Systems Reciprocal Act, except for the computation of final
8		average salary, the determination of salary or compensation
9		under this Article or any other Article of this Code, or the
10		determination of eligibility for or the computation of benefits
11		under Section 16-133.2.
12		The age enhancement established under this Section may be
13		used for all purposes under this Article (including calculation
14		of a proportionate annuity payable by this System under the
15		Retirement Systems Reciprocal Act), except for purposes of a
16		retirement annuity under Section 16-133(a)(A), a reversionary
17		annuity under Section 16-136, the required distributions under
18		Section 16-142.3, and the determination of eligibility for or
19		the computation of benefits under Section 16-133.2. Age
20		enhancement established under this Section may be used in
21		determining benefits payable under Article 14 of this Code
22		under the Retirement Systems Reciprocal Act (subject to the
23		limitations on the use of age enhancement provided in Section
24		14-108.3); age enhancement established under this Section
25		shall not be used in determining benefits payable under other
26		Articles of this Code under the Retirement Systems Reciprocal
27		Act.
28		(c) For all creditable service established under this
29		Section, a person must pay to the System an employee
30		contribution to be determined by the System, equal to 9.0% of
31		the member's highest annual salary rate that would be used in
32		the determination of the average salary for retirement annuity
33		purposes if the member retired immediately after withdrawal,
34		for each year of creditable service established under this

1		Section.
2		If the member receives a lump sum payment for accumulated
3		vacation, sick leave, and personal leave upon withdrawal from
4		service, and the net amount of that lump sum payment is at
5		least as great as the amount of the contribution required under
6		this Section, the entire contribution must be paid by the
7		employee by payroll deduction. If there is no such lump sum
8		payment, or if it is less than the contribution required under
9		this Section, the member shall make an initial payment by
10		payroll deduction, equal to the net amount of the lump sum
11		payment for accumulated vacation, sick leave, and personal
12		leave, and have the remaining amount due treated as a reduction
13		from the retirement annuity in 24 equal monthly installments
14		beginning in the month in which the retirement annuity takes
15		effect. The required contribution may be paid as a pre-tax
16		deduction from earnings.
17		(d) In order to ensure that the efficient operation of
18		State government is not jeopardized by the simultaneous
19		retirement of large numbers of key personnel, the director or
20		other head of a department may, for key employees of that
21		department, extend the December 31, 2002 deadline for
22		terminating employment under this Article established in
23		subdivision (a)(4) of this Section to a date not later than
24		April 30, 2003 by so notifying the System in writing by
25		December 31, 2002.
26		(e) A person who has received any age enhancement or
27		creditable service under this Section and who reenters
28		contributing service under this Article or Article 14 shall
29		thereby forfeit that age enhancement and creditable service,
30		and become entitled to a refund of the contributions made
31		pursuant to this Section.
32		(f) The System shall determine the amount of the increase
33		in the present value of future benefits unfunded accrued
34		liability resulting from the granting of early retirement

1		incentives under this Section and shall report that amount to
2		the Governor and the Pension Laws Commission (or its successor,
3		the Economic and Fiscal Commission) on or after the effective
4		date of this amendatory Act of the 93rd General Assembly and on
5		or before November 15, 2004 2003. The increase in liability
6		reported under this subsection (f) shall not be included in the
7		calculation of the required State contribution under Section
8		16-158.
9		(g) The System shall determine the amount of the annual
10		State contribution necessary to amortize on a level
11		dollar-payment basis, over a period of 10 years at 8.5%
12		interest, compounded annually, an amount equal to the increase
13		in unfunded accrued liability determined under subsection (f)
14		minus $1,000,000. The System shall certify the amount of this
15		annual State contribution to the Governor, the State
16		Comptroller, the Governor's Office of Management and Budget
17		(formerly Bureau of the Budget), and the Pension Laws
18		Commission (or its successor, the Economic and Fiscal
19		Commission) on or before November 15, 2003. In addition to the
20		contributions otherwise required under this Article, the State
21		shall appropriate and pay to the System (1) an amount equal to
22		$1,000,000 in State fiscal year 2004 and (2) in each of State
23		fiscal years 2006 through 2015, a level dollar-payment based
24		upon the increase in the present value of future benefits
25		provided by the early retirement incentives provided under this
26		Section amortized at 8.5% interest 2005 through 2013, an amount
27		equal to the annual State contribution certified by the System
28		under this subsection (g).
29		(h) The Pension Laws Commission (or its successor, the
30		Economic and Fiscal Commission) shall determine and report to
31		the General Assembly, on or before January 1, 2004 and annually
32		thereafter through the year 2013, its estimate of (1) the
33		annual amount of payroll savings likely to be realized by the
34		State as a result of the early retirement of persons receiving

1		early retirement incentives under this Section and (2) the net
2		annual savings or cost to the State from the program of early
3		retirement incentives created under this Section.
4		The System, the Department of Central Management Services,
5		the Governor's Office of Management and Budget (formerly Bureau
6		of the Budget), and all other departments shall provide to the
7		Commission any assistance that the Commission may request with
8		respect to its reports under this Section. The Commission may
9		require departments to provide it with any information that it
10		deems necessary or useful with respect to its reports under
11		this Section, including without limitation information about
12		(1) the final earnings of former department employees who
13		elected to receive benefits under this Section, (2) the
14		earnings of current department employees holding the positions
15		vacated by persons who elected to receive benefits under this
16		Section, and (3) positions vacated by persons who elected to
17		receive benefits under this Section that have not yet been
18		refilled.
19		(i) The changes made to this Section by this amendatory Act
20		of the 92nd General Assembly do not apply to persons who
21		retired under this Section on or before May 1, 1992.
22		(Source: P.A. 92-566, eff. 6-25-02; 93-632, eff. 2-1-04.)

23		Section 10-159. The State Pension Funds Continuing
24		Appropriation Act is amended by changing Section 1.6 as
25		follows:
26		(40 ILCS 15/1.6)
27		Sec. 1.6. Appropriations for early retirement programs.
28		(a) There is hereby appropriated from the General Revenue
29		Fund to the State Employees' Retirement System of Illinois, on
30		a continuing annual basis in each of State fiscal years 2004
31		through 2015 2013, the amount, if any, by which the total
32		available amount of all other appropriations to that retirement

1		system for the payment of State contributions under subsection
2		(g) of Section 14-108.3 of the Illinois Pension Code in that
3		fiscal year is less than the total amount of State
4		contributions required for that fiscal year under that
5		subsection (g).
6		(b) There is hereby appropriated from the General Revenue
7		Fund to the Teachers' Retirement System of the State of
8		Illinois, on a continuing annual basis in each of State fiscal
9		years 2004 through 2015 2013, the amount, if any, by which the
10		total available amount of all other appropriations to that
11		retirement system for the payment of State contributions under
12		subsection (g) of Section 16-133.3 of the Illinois Pension Code
13		in that fiscal year is less than the total amount of State
14		contributions required for that fiscal year under that
15		subsection (g).
16		(Source: P.A. 92-566, eff. 6-25-02.)

17		Section 10-160. The Wireless Emergency Telephone Safety
18		Act is amended by changing Sections 17, 25, 30, 35, 40, and 50
19		and by adding Section 75 as follows:
20		(50 ILCS 751/17)
21		(Section scheduled to be repealed on April 1, 2008)
22		Sec. 17. Wireless carrier surcharge.
23		(a) Except as provided in Section 45, each wireless carrier
24		shall impose a monthly wireless carrier surcharge per CMRS
25		connection that either has a telephone number within an area
26		code assigned to Illinois by the North American Numbering Plan
27		Administrator or has a billing address in this State. In the
28		case of prepaid wireless telephone service, this surcharge
29		shall be remitted based upon the address associated with the
30		point of purchase, the customer billing address, or the
31		location associated with the MTN for each active prepaid
32		wireless telephone that has a sufficient positive balance as of

1		the last day of each month, if that information is available.
2		No wireless carrier shall impose the surcharge authorized by
3		this Section upon any subscriber who is subject to the
4		surcharge imposed by a unit of local government pursuant to
5		Section 45. The wireless carrier that provides wireless service
6		to the subscriber shall collect the surcharge set by the
7		Wireless Enhanced 9-1-1 Board from the subscriber. For mobile
8		telecommunications services provided on and after August 1,
9		2002, any surcharge imposed under this Act shall be imposed
10		based upon the municipality or county that encompasses the
11		customer's place of primary use as defined in the Mobile
12		Telecommunications Sourcing Conformity Act. The surcharge
13		shall be stated as a separate item on the subscriber's monthly
14		bill. The wireless carrier shall begin collecting the surcharge
15		on bills issued within 90 days after the Wireless Enhanced
16		9-1-1 Board sets the monthly wireless surcharge. State and
17		local taxes shall not apply to the wireless carrier surcharge.
18		(b) Except as provided in Section 45, a wireless carrier
19		shall, within 45 days of collection, remit, either by check or
20		by electronic funds transfer, to the State Treasurer the amount
21		of the wireless carrier surcharge collected from each
22		subscriber. Of the amounts remitted under this subsection, the
23		State Treasurer shall deposit one-third into the Wireless
24		Carrier Reimbursement Fund and two-thirds into the Wireless
25		Service Emergency Fund.
26		(c) The first such remittance by wireless carriers shall
27		include the number of customers by zip code, and the 9-digit
28		zip code if currently being used or later implemented by the
29		carrier, that shall be the means by which the Illinois Commerce
30		Commission Department of Central Management Services shall
31		determine distributions from the Wireless Service Emergency
32		Fund. This information shall be updated no less often than
33		every year. Wireless carriers are not required to remit
34		surcharge moneys that are billed to subscribers but not yet

1		collected.
2		(Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04.)
3		(50 ILCS 751/25)
4		(Section scheduled to be repealed on April 1, 2008)
5		Sec. 25. Wireless Service Emergency Fund; distribution of
6		moneys. Within 60 days after the effective date of this Act,
7		wireless carriers shall submit to the Illinois Commerce
8		Commission Department of Central Management Services the
9		number of wireless subscribers by zip code and the 9-digit zip
10		code of the wireless subscribers, if currently being used or
11		later implemented by the carrier.
12		The Illinois Commerce Commission Department of Central
13		Management Services shall, subject to appropriation, make
14		monthly proportional grants to the appropriate emergency
15		telephone system board or qualified governmental entity based
16		upon the United States Postal Zip Code of the wireless
17		subscriber's billing address. No matching funds shall be
18		required from grant recipients.
19		If the Illinois Commerce Commission Department of Central
20		Management Services is notified of an area of overlapping
21		jurisdiction, grants for that area shall be made based upon
22		reference to an official Master Street Address Guide to the
23		emergency telephone system board or qualified governmental
24		entity whose public service answering points provide wireless
25		9-1-1 service in that area. The emergency telephone system
26		board or qualified governmental entity shall provide the
27		Illinois Commerce Commission Department of Central Management
28		Services with a valid copy of the appropriate Master Street
29		Address Guide. The Illinois Commerce Commission Department of
30		Central Management Services does not have a duty to verify
31		jurisdictional responsibility.
32		In the event of a subscriber billing address being matched
33		to an incorrect jurisdiction by the Illinois Commerce

1		Commission Department of Central Management Services, the
2		recipient, upon notification from the Illinois Commerce
3		Commission Department of Central Management Services, shall
4		redirect the funds to the correct jurisdiction. The Illinois
5		Commerce Commission Department of Central Management Services
6		shall not be held liable for any damages relating to an act or
7		omission under this Act, unless the act or omission constitutes
8		gross negligence, recklessness, or intentional misconduct.
9		In the event of a dispute between emergency telephone
10		system boards or qualified governmental entities concerning a
11		subscriber billing address, the Illinois Commerce Commission
12		Department of Central Management Services shall resolve the
13		dispute.
14		The Illinois Commerce Commission Department of Central
15		Management Services shall maintain detailed records of all
16		receipts and disbursements and shall provide an annual
17		accounting of all receipts and disbursements to the Auditor
18		General.
19		The Illinois Commerce Commission Department of Central
20		Management Services shall adopt rules to govern the grant
21		process.
22		(Source: P.A. 91-660, eff. 12-22-99.)
23		(50 ILCS 751/30)
24		(Section scheduled to be repealed on April 1, 2008)
25		Sec. 30. Wireless Carrier Reimbursement Fund; uses. The
26		Wireless Carrier Reimbursement Fund is created as a special
27		fund in the State treasury. Moneys in the Wireless Carrier
28		Reimbursement Fund may be used, subject to appropriation, only
29		(i) to reimburse wireless carriers for all of their costs
30		incurred in complying with the applicable provisions of Federal
31		Communications Commission wireless enhanced 9-1-1 service
32		mandates and (ii) to pay the reasonable and necessary costs of
33		the Illinois Commerce Commission in exercising its rights,

1		duties, powers, and functions under this Act. This
2		reimbursement to wireless carriers may include, but need not be
3		limited to, the cost of designing, upgrading, purchasing,
4		leasing, programming, installing, testing, and maintaining
5		necessary data, hardware, and software and associated
6		operating and administrative costs and overhead.
7		(Source: P.A. 91-660, eff. 12-22-99.)
8		(50 ILCS 751/35)
9		(Section scheduled to be repealed on April 1, 2008)
10		Sec. 35. Wireless Carrier Reimbursement Fund;
11		reimbursement. To recover costs from the Wireless Carrier
12		Reimbursement Fund, the wireless carrier shall submit sworn
13		invoices to the Illinois Commerce Commission Department of
14		Central Management Services. In no event may any invoice for
15		payment be approved for (i) costs that are not related to
16		compliance with the requirements established by the wireless
17		enhanced 9-1-1 mandates of the Federal Communications
18		Commission, (ii) costs with respect to any wireless enhanced
19		9-1-1 service that is not operable at the time the invoice is
20		submitted, or (iii) costs of any wireless carrier exceeding
21		100% 125% of the wireless emergency services charges remitted
22		to the Wireless Carrier Reimbursement Fund by the wireless
23		carrier under Section 17(b) unless the wireless carrier
24		received prior approval for the expenditures from the Illinois
25		Commerce Commission Department of Central Management Services.
26		If in any month the total amount of invoices submitted to
27		the Illinois Commerce Commission Department of Central
28		Management Services and approved for payment exceeds the amount
29		available in the Wireless Carrier Reimbursement Fund, wireless
30		carriers that have invoices approved for payment shall receive
31		a pro-rata share of the amount available in the Wireless
32		Carrier Reimbursement Fund based on the relative amount of
33		their approved invoices available that month, and the balance

1		of the payments shall be carried into the following months
2		until all of the approved payments are made.
3		A wireless carrier may not receive payment from the
4		Wireless Carrier Reimbursement Fund for its costs of providing
5		wireless enhanced 9-1-1 services in an area when a unit of
6		local government or emergency telephone system board provides
7		wireless 9-1-1 services in that area and was imposing and
8		collecting a wireless carrier surcharge prior to July 1, 1998.
9		The Illinois Commerce Commission Department of Central
10		Management Services shall maintain detailed records of all
11		receipts and disbursements and shall provide an annual
12		accounting of all receipts and disbursements to the Auditor
13		General.
14		The Illinois Commerce Commission Department of Central
15		Management Services shall adopt rules to govern the
16		reimbursement process.
17		(Source: P.A. 93-507, eff. 1-1-04.)
18		(50 ILCS 751/40)
19		(Section scheduled to be repealed on April 1, 2008)
20		Sec. 40. Public disclosure. Because of the highly
21		competitive nature of the wireless telephone industry, a public
22		disclosure of information about surcharge moneys paid by
23		wireless carriers could have the effect of stifling competition
24		to the detriment of the public and the delivery of wireless
25		9-1-1 services. Therefore, the Illinois Commerce Commission
26		Department of Central Management Services, the Department of
27		State Police, governmental agencies, and individuals with
28		access to that information shall take appropriate steps to
29		prevent public disclosure of this information. Information and
30		data supporting the amount and distribution of surcharge moneys
31		collected and remitted by an individual wireless carrier shall
32		be deemed exempt information for purposes of the Freedom of
33		Information Act and shall not be publicly disclosed. The gross

1		amount paid by all carriers shall not be deemed exempt and may
2		be publicly disclosed.
3		(Source: P.A. 91-660, eff. 12-22-99.)
4		(50 ILCS 751/50)
5		(Section scheduled to be repealed on April 1, 2008)
6		Sec. 50. Limitation of liability. Notwithstanding any
7		other provision of law, in no event shall a unit of local
8		government, the Illinois Commerce Commission as successor
9		agency to the Department of Central Management Services, the
10		Department of State Police, or a public safety agency, public
11		safety answering point, emergency telephone system board, or
12		wireless carrier, or its officers, employees, assigns, or
13		agents, be liable for any form of civil damages or criminal
14		liability that directly or indirectly results from, or is
15		caused by, any act or omission in the development, design,
16		installation, operation, maintenance, performance, or
17		provision of wireless 9-1-1 or wireless E9-1-1 service, unless
18		the act or omission constitutes gross negligence,
19		recklessness, or intentional misconduct.
20		A unit of local government, the Illinois Commerce
21		Commission as successor agency to the Department of Central
22		Management Services, the Department of State Police, or a
23		public safety agency, public safety answering point, emergency
24		telephone system board, or wireless carrier, or its officers,
25		employees, assigns, or agents, shall not be liable for any form
26		of civil damages or criminal liability that directly or
27		indirectly results from, or is caused by, the release of
28		subscriber information to any governmental entity as required
29		under the provisions of this Act, unless the release
30		constitutes gross negligence, recklessness, or intentional
31		misconduct.
32		(Source: P.A. 91-660, eff. 12-22-99.)

1		(50 ILCS 751/75 new)
2		Sec. 75. Transfer of rights, functions, powers, duties, and
3		property to Illinois Commerce Commission; rules and standards;
4		savings provisions.
5		(a) Beginning July 1, 2004, the rights, functions, powers,
6		and duties of the Department of Central Management Services as
7		set forth in this Act are transferred to and shall be exercised
8		by the Illinois Commerce Commission. By July 1, 2004, the
9		Department of Central Management Services shall transfer and
10		deliver to the Illinois Commerce Commission all books, records,
11		documents, property (real and personal), unexpended
12		appropriations, and pending business pertaining to the rights,
13		powers, duties, and functions transferred to the Illinois
14		Commerce Commission under this amendatory Act of the 93rd
15		General Assembly.
16		(b) The rules and standards of the Department of Central
17		Management Services that are in effect on June 30, 2004 and
18		that pertain to the rights, powers, duties, and functions
19		transferred to the Illinois Commerce Commission under this
20		amendatory Act of the 93rd General Assembly shall become the
21		rules and standards of the Illinois Commerce Commission on July
22		1, 2004, and shall continue in effect until amended or repealed
23		by the Illinois Commerce Commission.
24		Any rules pertaining to the rights, powers, duties, and
25		functions transferred to the Illinois Commerce Commission
26		under this amendatory Act of the 93rd General Assembly that
27		have been proposed by the Department of Central Management
28		Services but have not taken effect or been finally adopted by
29		June 30, 2004, shall become proposed rules of the Illinois
30		Commerce Commission on July 1, 2004, and any rulemaking
31		procedures that have already been completed by the Department
32		of Central Management Services for those proposed rules need
33		not be repealed.
34		As soon as it is practical after July 1, 2004, the Illinois

1		Commerce Commission shall revise and clarify the rules
2		transferred to it under this amendatory Act of the 93rd General
3		Assembly to reflect the transfer of rights, powers, duties, and
4		functions effected by this amendatory Act of the 93rd General
5		Assembly using the procedures for recodification of rules
6		available under the Illinois Administrative Procedure Act,
7		except that existing title, part, and section numbering for the
8		affected rules may be retained. The Illinois Commerce
9		Commission may propose and adopt under the Illinois
10		Administrative Procedure Act any other rules necessary to
11		consolidate and clarify those rules.
12		(c) The rights, powers, duties, and functions transferred
13		to the Illinois Commerce Commission by this amendatory Act of
14		the 93rd General Assembly shall be vested in and exercised by
15		the Commission subject to the provisions of this Act. An act
16		done by the Illinois Commerce Commission or an officer,
17		employee, or agent of the Commission in the exercise of the
18		transferred rights, powers, duties, and functions shall have
19		the same legal effect as if done by the Department of Central
20		Management Services or an officer, employee, or agent of the
21		Department.
22		The transfer of rights, powers, duties, and functions to
23		the Illinois Commerce Commission under this amendatory Act of
24		the 93rd General Assembly does not invalidate any previous
25		action taken by or in respect to the Department of Central
26		Management Services, its officers, employees, or agents.
27		References to the Department of Central Management Services or
28		its officers, employees, or agents in any document, contract,
29		agreement, or law shall, in appropriate contexts, be deemed to
30		refer to the Illinois Commerce Commission or its officers,
31		employees, or agents.
32		The transfer of rights, powers, duties, and functions to
33		the Illinois Commerce Commission under this amendatory Act of
34		the 93rd General Assembly does not affect any person's rights,

1		obligations, or duties, including any civil or criminal
2		penalties applicable thereto, arising out of those transferred
3		rights, powers, duties, and functions.
4		This amendatory Act of the 93rd General Assembly does not
5		affect any act done, ratified, or cancelled, any right
6		occurring or established, or any action or proceeding commenced
7		in an administrative, civil, or criminal case before July 1,
8		2004. Any such action or proceeding that pertains to a right,
9		power, duty, or function transferred to the Illinois Commerce
10		Commission under this amendatory Act of the 93rd General
11		Assembly that is pending on that date may be prosecuted,
12		defended, or continued by the Department of Central Management
13		Services.
14		For the purposes of Section 9b of the State Finance Act,
15		the Illinois Commerce Commission is the successor to the
16		Department of Central Management Services with respect to the
17		rights, duties, powers, and functions transferred by this
18		amendatory Act of the 93rd General Assembly.

19		Section 10-165. The Sanitary District Act of 1917 is
20		amended by adding Section 17.2 as follows:
21		(70 ILCS 2405/17.2 new)
22		Sec. 17.2. Acquisition of privately-owned treatment works.
23		(a) After incorporation, any district organized under this
24		Act may, in accordance with this Act, acquire by purchase or
25		condemnation the territory, treatment works, lines,
26		appurtenances, water treatment works, storage tanks, water
27		lines, and other property of a privately-owned public sewer and
28		water utility treatment works that is not located within any
29		other sanitary district, regardless of whether the area
30		serviced by the treatment works is contiguous to the acquiring
31		sanitary district. If, at the time of acquisition, the
32		treatment works is located within a municipality, then the

1		treatment works may not be acquired by the sanitary district
2		without the consent of that municipality. The distance between
3		the treatment works being acquired and the acquiring sanitary
4		district, as measured from the point of discharge of the
5		treatment works and the corporate boundary of the acquiring
6		sanitary district at its nearest point, shall be within 15
7		miles and shall be located in the sanitary district's facility
8		planning area (FPA).
9		(b) The acquisition of the treatment works by a sanitary
10		district shall not affect the obligation of any bonds issued in
11		the sanitary district or in the territory serviced by the
12		treatment works or invalidate the levy, extension, or
13		collection of any taxes or special assessments within the
14		sanitary district.
15		(c) The acquiring sanitary district may acquire by eminent
16		domain, within or outside its boundaries, easements necessary
17		to connect the treatment works to the sanitary district's
18		sewers or plants.
19		(d) The sanitary district may pass all necessary ordinances
20		to regulate the connections to and use of the sewer or water
21		system of the treatment works, including the establishment of a
22		user fee for the area serviced by the treatment works, and may
23		enforce those ordinances against all users of the acquired
24		system, within or outside its boundaries. The sanitary district
25		may own, operate, expand, and improve the private treatment
26		works in accordance with the provisions of this Act.
27		(e) The grant of powers set forth in this Section are a
28		restatement of existing law.

29		Section 10-167. The Environmental Protection Act is
30		amended by changing Section 55.6 as follows:
31		(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
32		Sec. 55.6. Used Tire Management Fund.

1		(a) There is hereby created in the State Treasury a special
2		fund to be known as the Used Tire Management Fund. There shall
3		be deposited into the Fund all monies received as (1) recovered
4		costs or proceeds from the sale of used tires under Section
5		55.3 of this Act, (2) repayment of loans from the Used Tire
6		Management Fund, or (3) penalties or punitive damages for
7		violations of this Title, except as provided by subdivision
8		(b)(4) or (b)(4-5) of Section 42.
9		(b) Beginning January 1, 1992, in addition to any other
10		fees required by law, the owner or operator of each site
11		required to be registered under subsection (d) of Section 55
12		shall pay to the Agency an annual fee of $100. Fees collected
13		under this subsection shall be deposited into the Environmental
14		Protection Permit and Inspection Fund.
15		(c) Pursuant to appropriation, monies up to an amount of $2
16		million per fiscal year from the Used Tire Management Fund
17		shall be allocated as follows:
18		(1) 38% shall be available to the Agency for the
19		following purposes, provided that priority shall be given
20		to item (i):
21		(i) To undertake preventive, corrective or removal
22		action as authorized by and in accordance with Section
23		55.3, and to recover costs in accordance with Section
24		55.3.
25		(ii) For the performance of inspection and
26		enforcement activities for used and waste tire sites.
27		(iii) To assist with marketing of used tires by
28		augmenting the operations of an industrial materials
29		exchange service.
30		(iv) To provide financial assistance to units of
31		local government for the performance of inspecting,
32		investigating and enforcement activities pursuant to
33		subsection (r) of Section 4 at used and waste tire
34		sites.

1		(v) To provide financial assistance for used and
2		waste tire collection projects sponsored by local
3		government or not-for-profit corporations.
4		(vi) For the costs of fee collection and
5		administration relating to used and waste tires, and to
6		accomplish such other purposes as are authorized by
7		this Act and regulations thereunder.
8		(2) For fiscal years beginning prior to July 1, 2004,
9		23% shall be available to the Department of Commerce and
10		Economic Opportunity Community Affairs for the following
11		purposes, provided that priority shall be given to item
12		(A):
13		(A) To provide grants or loans for the purposes of:
14		(i) assisting units of local government and
15		private industry in the establishment of
16		facilities and programs to collect, process and
17		utilize used and waste tires and tire derived
18		materials;
19		(ii) demonstrating the feasibility of
20		innovative technologies as a means of collecting,
21		storing, processing and utilizing used and waste
22		tires and tire derived materials; and
23		(iii) applying demonstrated technologies as a
24		means of collecting, storing, processing, and
25		utilizing used and waste tires and tire derived
26		materials.
27		(B) To develop educational material for use by
28		officials and the public to better understand and
29		respond to the problems posed by used tires and
30		associated insects.
31		(C) (Blank).
32		(D) To perform such research as the Director deems
33		appropriate to help meet the purposes of this Act.
34		(E) To pay the costs of administration of its

1		activities authorized under this Act.
2		(2.1) For the fiscal year beginning July 1, 2004 and
3		for all fiscal years thereafter, 23% shall be deposited
4		into the General Revenue Fund.
5		(3) 25% shall be available to the Illinois Department
6		of Public Health for the following purposes:
7		(A) To investigate threats or potential threats to
8		the public health related to mosquitoes and other
9		vectors of disease associated with the improper
10		storage, handling and disposal of tires, improper
11		waste disposal, or natural conditions.
12		(B) To conduct surveillance and monitoring
13		activities for mosquitoes and other arthropod vectors
14		of disease, and surveillance of animals which provide a
15		reservoir for disease-producing organisms.
16		(C) To conduct training activities to promote
17		vector control programs and integrated pest management
18		as defined in the Vector Control Act.
19		(D) To respond to inquiries, investigate
20		complaints, conduct evaluations and provide technical
21		consultation to help reduce or eliminate public health
22		hazards and nuisance conditions associated with
23		mosquitoes and other vectors.
24		(E) To provide financial assistance to units of
25		local government for training, investigation and
26		response to public nuisances associated with
27		mosquitoes and other vectors of disease.
28		(4) 2% shall be available to the Department of
29		Agriculture for its activities under the Illinois
30		Pesticide Act relating to used and waste tires.
31		(5) 2% shall be available to the Pollution Control
32		Board for administration of its activities relating to used
33		and waste tires.
34		(6) 10% shall be available to the Department of Natural

1		Resources for the Illinois Natural History Survey to
2		perform research to study the biology, distribution,
3		population ecology, and biosystematics of tire-breeding
4		arthropods, especially mosquitoes, and the diseases they
5		spread.
6		(d) By January 1, 1998, and biennially thereafter, each
7		State agency receiving an appropriation from the Used Tire
8		Management Fund shall report to the Governor and the General
9		Assembly on its activities relating to the Fund.
10		(e) Any monies appropriated from the Used Tire Management
11		Fund, but not obligated, shall revert to the Fund.
12		(f) In administering the provisions of subdivisions (1),
13		(2) and (3) of subsection (c) of this Section, the Agency, the
14		Department of Commerce and Economic Opportunity Community
15		Affairs, and the Illinois Department of Public Health shall
16		ensure that appropriate funding assistance is provided to any
17		municipality with a population over 1,000,000 or to any
18		sanitary district which serves a population over 1,000,000.
19		(g) Pursuant to appropriation, monies in excess of $2
20		million per fiscal year from the Used Tire Management Fund
21		shall be used as follows:
22		(1) 55% shall be available to the Agency to undertake
23		preventive, corrective or renewed action as authorized by
24		and in accordance with Section 55.3 and to recover costs in
25		accordance with Section 55.3.
26		(2) For fiscal years beginning prior to July 1, 2004,
27		45% shall be available to the Department of Commerce and
28		Economic Opportunity Community Affairs to provide grants
29		or loans for the purposes of:
30		(i) assisting units of local government and
31		private industry in the establishment of facilities
32		and programs to collect, process and utilize waste
33		tires and tire derived material;
34		(ii) demonstrating the feasibility of innovative

1		technologies as a means of collecting, storing,
2		processing, and utilizing used and waste tires and tire
3		derived materials; and
4		(iii) applying demonstrated technologies as a
5		means of collecting, storing, processing, and
6		utilizing used and waste tires and tire derived
7		materials.
8		(3) For the fiscal year beginning July 1, 2004 and for
9		all fiscal years thereafter, 45% shall be deposited into
10		the General Revenue Fund.
11		(Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01;
12		revised 12-6-03.)

13		Section 10-168. The Illinois Low-Level Radioactive Waste
14		Management Act is amended by changing Section 13 as follows:
15		(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
16		Sec. 13. Waste fees.
17		(a) The Department shall collect a fee from each generator
18		of low-level radioactive wastes in this State. Except as
19		provided in subsections (b), (c), and (d), the amount of the
20		fee shall be $50.00 or the following amount, whichever is
21		greater:
22		(1) $1 per cubic foot of waste shipped for storage,
23		treatment or disposal if storage of the waste for shipment
24		occurred prior to September 7, 1984;
25		(2) $2 per cubic foot of waste stored for shipment if
26		storage of the waste occurs on or after September 7, 1984,
27		but prior to October 1, 1985;
28		(3) $3 per cubic foot of waste stored for shipment if
29		storage of the waste occurs on or after October 1, 1985;
30		(4) $2 per cubic foot of waste shipped for storage,
31		treatment or disposal if storage of the waste for shipment
32		occurs on or after September 7, 1984 but prior to October

1		1, 1985, provided that no fee has been collected previously
2		for storage of the waste;
3		(5) $3 per cubic foot of waste shipped for storage,
4		treatment or disposal if storage of the waste for shipment
5		occurs on or after October 1, 1985, provided that no fees
6		have been collected previously for storage of the waste.
7		Such fees shall be collected annually or as determined by
8		the Department and shall be deposited in the low-level
9		radioactive waste funds as provided in Section 14 of this Act.
10		Notwithstanding any other provision of this Act, no fee under
11		this Section shall be collected from a generator for waste
12		generated incident to manufacturing before December 31, 1980,
13		and shipped for disposal outside of this State before December
14		31, 1992, as part of a site reclamation leading to license
15		termination.
16		(b) Each nuclear power reactor in this State for which an
17		operating license has been issued by the Nuclear Regulatory
18		Commission shall not be subject to the fee required by
19		subsection (a) with respect to (1) waste stored for shipment if
20		storage of the waste occurs on or after January 1, 1986; and
21		(2) waste shipped for storage, treatment or disposal if storage
22		of the waste for shipment occurs on or after January 1, 1986.
23		In lieu of the fee, each reactor shall be required to pay an
24		annual fee as provided in this subsection for the treatment,
25		storage and disposal of low-level radioactive waste. Beginning
26		with State fiscal year 1986 and through State fiscal year 1997,
27		fees shall be due and payable on January 1st of each year. For
28		State fiscal year 1998 and all subsequent State fiscal years,
29		fees shall be due and payable on July 1 of each fiscal year.
30		The fee due on July 1, 1997 shall be payable on that date, or
31		within 10 days after the effective date of this amendatory Act
32		of 1997, whichever is later.
33		The owner of any nuclear power reactor that has an
34		operating license issued by the Nuclear Regulatory Commission

1		for any portion of State fiscal year 1998 shall continue to pay
2		an annual fee of $90,000 for the treatment, storage, and
3		disposal of low-level radioactive waste through State fiscal
4		year 2002. The fee shall be due and payable on July 1 of each
5		fiscal year. The fee due on July 1, 1998 shall be payable on
6		that date, or within 10 days after the effective date of this
7		amendatory Act of 1998, whichever is later. If the balance in
8		the Low-Level Radioactive Waste Facility Development and
9		Operation Fund falls below $500,000, as of the end of any
10		fiscal year after fiscal year 2002, the Department is
11		authorized to assess by rule, after notice and a hearing, an
12		additional annual fee to be paid by the owners of nuclear power
13		reactors for which operating licenses have been issued by the
14		Nuclear Regulatory Commission, except that no additional
15		annual fee shall be assessed because of the fund balance at the
16		end of fiscal year 2005. The additional annual fee shall be
17		payable on the date or dates specified by rule and shall not
18		exceed $30,000 per operating reactor per year.
19		(c) In each of State fiscal years 1988, 1989 and 1990, in
20		addition to the fee imposed in subsections (b) and (d), the
21		owner of each nuclear power reactor in this State for which an
22		operating license has been issued by the Nuclear Regulatory
23		Commission shall pay a fee of $408,000. If an operating license
24		is issued during one of those 3 fiscal years, the owner shall
25		pay a prorated amount of the fee equal to $1,117.80 multiplied
26		by the number of days in the fiscal year during which the
27		nuclear power reactor was licensed.
28		The fee shall be due and payable as follows: in fiscal year
29		1988, $204,000 shall be paid on October 1, 1987 and $102,000
30		shall be paid on each of January 1, 1988 and April 1, 1988; in
31		fiscal year 1989, $102,000 shall be paid on each of July 1,
32		1988, October 1, 1988, January 1, 1989 and April 1, 1989; and
33		in fiscal year 1990, $102,000 shall be paid on each of July 1,
34		1989, October 1, 1989, January 1, 1990 and April 1, 1990. If

1		the operating license is issued during one of the 3 fiscal
2		years, the owner shall be subject to those payment dates, and
3		their corresponding amounts, on which the owner possesses an
4		operating license and, on June 30 of the fiscal year of
5		issuance of the license, whatever amount of the prorated fee
6		remains outstanding.
7		All of the amounts collected by the Department under this
8		subsection (c) shall be deposited into the Low-Level
9		Radioactive Waste Facility Development and Operation Fund
10		created under subsection (a) of Section 14 of this Act and
11		expended, subject to appropriation, for the purposes provided
12		in that subsection.
13		(d) In addition to the fees imposed in subsections (b) and
14		(c), the owners of nuclear power reactors in this State for
15		which operating licenses have been issued by the Nuclear
16		Regulatory Commission shall pay the following fees for each
17		such nuclear power reactor: for State fiscal year 1989,
18		$325,000 payable on October 1, 1988, $162,500 payable on
19		January 1, 1989, and $162,500 payable on April 1, 1989; for
20		State fiscal year 1990, $162,500 payable on July 1, $300,000
21		payable on October 1, $300,000 payable on January 1 and
22		$300,000 payable on April 1; for State fiscal year 1991, either
23		(1) $150,000 payable on July 1, $650,000 payable on September
24		1, $675,000 payable on January 1, and $275,000 payable on April
25		1, or (2) $150,000 on July 1, $130,000 on the first day of each
26		month from August through December, $225,000 on the first day
27		of each month from January through March and $92,000 on the
28		first day of each month from April through June; for State
29		fiscal year 1992, $260,000 payable on July 1, $900,000 payable
30		on September 1, $300,000 payable on October 1, $150,000 payable
31		on January 1, and $100,000 payable on April 1; for State fiscal
32		year 1993, $100,000 payable on July 1, $230,000 payable on
33		August 1 or within 10 days after July 31, 1992, whichever is
34		later, and $355,000 payable on October 1; for State fiscal year

1		1994, $100,000 payable on July 1, $75,000 payable on October 1
2		and $75,000 payable on April 1; for State fiscal year 1995,
3		$100,000 payable on July 1, $75,000 payable on October 1, and
4		$75,000 payable on April 1, for State fiscal year 1996,
5		$100,000 payable on July 1, $75,000 payable on October 1, and
6		$75,000 payable on April 1. The owner of any nuclear power
7		reactor that has an operating license issued by the Nuclear
8		Regulatory Commission for any portion of State fiscal year 1998
9		shall pay an annual fee of $30,000 through State fiscal year
10		2003. For State fiscal year 2004 and subsequent fiscal years,
11		the owner of any nuclear power reactor that has an operating
12		license issued by the Nuclear Regulatory Commission shall pay
13		an annual fee of $30,000 per reactor, provided that the fee
14		shall not apply to a nuclear power reactor with regard to which
15		the owner notified the Nuclear Regulatory Commission during
16		State fiscal year 1998 that the nuclear power reactor
17		permanently ceased operations. The fee shall be due and payable
18		on July 1 of each fiscal year. The fee due on July 1, 1998 shall
19		be payable on that date, or within 10 days after the effective
20		date of this amendatory Act of 1998, whichever is later. The
21		fee due on July 1, 1997 shall be payable on that date or within
22		10 days after the effective date of this amendatory Act of
23		1997, whichever is later. If the payments under this subsection
24		for fiscal year 1993 due on January 1, 1993, or on April 1,
25		1993, or both, were due before the effective date of this
26		amendatory Act of the 87th General Assembly, then those
27		payments are waived and need not be made.
28		All of the amounts collected by the Department under this
29		subsection (d) shall be deposited into the Low-Level
30		Radioactive Waste Facility Development and Operation Fund
31		created pursuant to subsection (a) of Section 14 of this Act
32		and expended, subject to appropriation, for the purposes
33		provided in that subsection.
34		All payments made by licensees under this subsection (d)

1		for fiscal year 1992 that are not appropriated and obligated by
2		the Department above $1,750,000 per reactor in fiscal year
3		1992, shall be credited to the licensees making the payments to
4		reduce the per reactor fees required under this subsection (d)
5		for fiscal year 1993.
6		(e) The Department shall promulgate rules and regulations
7		establishing standards for the collection of the fees
8		authorized by this Section. The regulations shall include, but
9		need not be limited to:
10		(1) the records necessary to identify the amounts of
11		low-level radioactive wastes produced;
12		(2) the form and submission of reports to accompany the
13		payment of fees to the Department; and
14		(3) the time and manner of payment of fees to the
15		Department, which payments shall not be more frequent than
16		quarterly.
17		(f) Any operating agreement entered into under subsection
18		(b) of Section 5 of this Act between the Department and any
19		disposal facility contractor shall, subject to the provisions
20		of this Act, authorize the contractor to impose upon and
21		collect from persons using the disposal facility fees designed
22		and set at levels reasonably calculated to produce sufficient
23		revenues (1) to pay all costs and expenses properly incurred or
24		accrued in connection with, and properly allocated to,
25		performance of the contractor's obligations under the
26		operating agreement, and (2) to provide reasonable and
27		appropriate compensation or profit to the contractor under the
28		operating agreement. For purposes of this subsection (f), the
29		term "costs and expenses" may include, without limitation, (i)
30		direct and indirect costs and expenses for labor, services,
31		equipment, materials, insurance and other risk management
32		costs, interest and other financing charges, and taxes or fees
33		in lieu of taxes; (ii) payments to or required by the United
34		States, the State of Illinois or any agency or department

1		thereof, the Central Midwest Interstate Low-Level Radioactive
2		Waste Compact, and subject to the provisions of this Act, any
3		unit of local government; (iii) amortization of capitalized
4		costs with respect to the disposal facility and its
5		development, including any capitalized reserves; and (iv)
6		payments with respect to reserves, accounts, escrows or trust
7		funds required by law or otherwise provided for under the
8		operating agreement.
9		(g) (Blank).
10		(h) (Blank).
11		(i) (Blank).
12		(j) (Blank).
13		(j-5) Prior to commencement of facility operations, the
14		Department shall adopt rules providing for the establishment
15		and collection of fees and charges with respect to the use of
16		the disposal facility as provided in subsection (f) of this
17		Section.
18		(k) The regional disposal facility shall be subject to ad
19		valorem real estate taxes lawfully imposed by units of local
20		government and school districts with jurisdiction over the
21		facility. No other local government tax, surtax, fee or other
22		charge on activities at the regional disposal facility shall be
23		allowed except as authorized by the Department.
24		(l) The Department shall have the power, in the event that
25		acceptance of waste for disposal at the regional disposal
26		facility is suspended, delayed or interrupted, to impose
27		emergency fees on the generators of low-level radioactive
28		waste. Generators shall pay emergency fees within 30 days of
29		receipt of notice of the emergency fees. The Department shall
30		deposit all of the receipts of any fees collected under this
31		subsection into the Low-Level Radioactive Waste Facility
32		Development and Operation Fund created under subsection (b) of
33		Section 14. Emergency fees may be used to mitigate the impacts
34		of the suspension or interruption of acceptance of waste for

1		disposal. The requirements for rulemaking in the Illinois
2		Administrative Procedure Act shall not apply to the imposition
3		of emergency fees under this subsection.
4		(m) The Department shall promulgate any other rules and
5		regulations as may be necessary to implement this Section.
6		(Source: P.A. 92-276, eff. 8-7-01.)".

7		Section 10-169. The Pretrial Services Act is amended by
8		changing Section 33 as follows:
9		(725 ILCS 185/33) (from Ch. 38, par. 333)
10		Sec. 33. The Supreme Court shall pay from funds
11		appropriated to it for this purpose 100% of all approved costs
12		for pretrial services, including pretrial services officers,
13		necessary support personnel, travel costs reasonably related
14		to the delivery of pretrial services, space costs, equipment,
15		telecommunications, postage, commodities, printing and
16		contractual services. Costs shall be reimbursed monthly, based
17		on a plan and budget approved by the Supreme Court. No
18		department may be reimbursed for costs which exceed or are not
19		provided for in the approved plan and budget. For State fiscal
20		years year 2004 and 2005 only, the Mandatory Arbitration Fund
21		may be used to reimburse approved costs for pretrial services.
22		(Source: P.A. 93-25, eff. 6-20-03.)

23		Section 10-170. The Unified Code of Corrections is amended
24		by changing Section 3-2-2 as follows:
25		(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
26		Sec. 3-2-2. Powers and Duties of the Department.
27		(1) In addition to the powers, duties and responsibilities
28		which are otherwise provided by law, the Department shall have
29		the following powers:
30		(a) To accept persons committed to it by the courts of

1		this State for care, custody, treatment and
2		rehabilitation, and to accept federal prisoners and aliens
3		over whom the Office of the Federal Detention Trustee is
4		authorized to exercise the federal detention function for
5		limited purposes and periods of time.
6		(b) To develop and maintain reception and evaluation
7		units for purposes of analyzing the custody and
8		rehabilitation needs of persons committed to it and to
9		assign such persons to institutions and programs under its
10		control or transfer them to other appropriate agencies. In
11		consultation with the Department of Alcoholism and
12		Substance Abuse (now the Department of Human Services), the
13		Department of Corrections shall develop a master plan for
14		the screening and evaluation of persons committed to its
15		custody who have alcohol or drug abuse problems, and for
16		making appropriate treatment available to such persons;
17		the Department shall report to the General Assembly on such
18		plan not later than April 1, 1987. The maintenance and
19		implementation of such plan shall be contingent upon the
20		availability of funds.
21		(b-1) To create and implement, on January 1, 2002, a
22		pilot program to establish the effectiveness of
23		pupillometer technology (the measurement of the pupil's
24		reaction to light) as an alternative to a urine test for
25		purposes of screening and evaluating persons committed to
26		its custody who have alcohol or drug problems. The pilot
27		program shall require the pupillometer technology to be
28		used in at least one Department of Corrections facility.
29		The Director may expand the pilot program to include an
30		additional facility or facilities as he or she deems
31		appropriate. A minimum of 4,000 tests shall be included in
32		the pilot program. The Department must report to the
33		General Assembly on the effectiveness of the program by
34		January 1, 2003.

1		(b-5) To develop, in consultation with the Department
2		of State Police, a program for tracking and evaluating each
3		inmate from commitment through release for recording his or
4		her gang affiliations, activities, or ranks.
5		(c) To maintain and administer all State correctional
6		institutions and facilities under its control and to
7		establish new ones as needed. Pursuant to its power to
8		establish new institutions and facilities, the Department
9		may, with the written approval of the Governor, authorize
10		the Department of Central Management Services to enter into
11		an agreement of the type described in subsection (d) of
12		Section 405-300 of the Department of Central Management
13		Services Law (20 ILCS 405/405-300). The Department shall
14		designate those institutions which shall constitute the
15		State Penitentiary System.
16		Pursuant to its power to establish new institutions and
17		facilities, the Department may authorize the Department of
18		Central Management Services to accept bids from counties
19		and municipalities for the construction, remodeling or
20		conversion of a structure to be leased to the Department of
21		Corrections for the purposes of its serving as a
22		correctional institution or facility. Such construction,
23		remodeling or conversion may be financed with revenue bonds
24		issued pursuant to the Industrial Building Revenue Bond Act
25		by the municipality or county. The lease specified in a bid
26		shall be for a term of not less than the time needed to
27		retire any revenue bonds used to finance the project, but
28		not to exceed 40 years. The lease may grant to the State
29		the option to purchase the structure outright.
30		Upon receipt of the bids, the Department may certify
31		one or more of the bids and shall submit any such bids to
32		the General Assembly for approval. Upon approval of a bid
33		by a constitutional majority of both houses of the General
34		Assembly, pursuant to joint resolution, the Department of

1		Central Management Services may enter into an agreement
2		with the county or municipality pursuant to such bid.
3		(c-5) To build and maintain regional juvenile
4		detention centers and to charge a per diem to the counties
5		as established by the Department to defray the costs of
6		housing each minor in a center. In this subsection (c-5),
7		"juvenile detention center" means a facility to house
8		minors during pendency of trial who have been transferred
9		from proceedings under the Juvenile Court Act of 1987 to
10		prosecutions under the criminal laws of this State in
11		accordance with Section 5-805 of the Juvenile Court Act of
12		1987, whether the transfer was by operation of law or
13		permissive under that Section. The Department shall
14		designate the counties to be served by each regional
15		juvenile detention center.
16		(d) To develop and maintain programs of control,
17		rehabilitation and employment of committed persons within
18		its institutions.
19		(e) To establish a system of supervision and guidance
20		of committed persons in the community.
21		(f) To establish in cooperation with the Department of
22		Transportation to supply a sufficient number of prisoners
23		for use by the Department of Transportation to clean up the
24		trash and garbage along State, county, township, or
25		municipal highways as designated by the Department of
26		Transportation. The Department of Corrections, at the
27		request of the Department of Transportation, shall furnish
28		such prisoners at least annually for a period to be agreed
29		upon between the Director of Corrections and the Director
30		of Transportation. The prisoners used on this program shall
31		be selected by the Director of Corrections on whatever
32		basis he deems proper in consideration of their term,
33		behavior and earned eligibility to participate in such
34		program - where they will be outside of the prison facility

1		but still in the custody of the Department of Corrections.
2		Prisoners convicted of first degree murder, or a Class X
3		felony, or armed violence, or aggravated kidnapping, or
4		criminal sexual assault, aggravated criminal sexual abuse
5		or a subsequent conviction for criminal sexual abuse, or
6		forcible detention, or arson, or a prisoner adjudged a
7		Habitual Criminal shall not be eligible for selection to
8		participate in such program. The prisoners shall remain as
9		prisoners in the custody of the Department of Corrections
10		and such Department shall furnish whatever security is
11		necessary. The Department of Transportation shall furnish
12		trucks and equipment for the highway cleanup program and
13		personnel to supervise and direct the program. Neither the
14		Department of Corrections nor the Department of
15		Transportation shall replace any regular employee with a
16		prisoner.
17		(g) To maintain records of persons committed to it and
18		to establish programs of research, statistics and
19		planning.
20		(h) To investigate the grievances of any person
21		committed to the Department, to inquire into any alleged
22		misconduct by employees or committed persons, and to
23		investigate the assets of committed persons to implement
24		Section 3-7-6 of this Code; and for these purposes it may
25		issue subpoenas and compel the attendance of witnesses and
26		the production of writings and papers, and may examine
27		under oath any witnesses who may appear before it; to also
28		investigate alleged violations of a parolee's or
29		releasee's conditions of parole or release; and for this
30		purpose it may issue subpoenas and compel the attendance of
31		witnesses and the production of documents only if there is
32		reason to believe that such procedures would provide
33		evidence that such violations have occurred.
34		If any person fails to obey a subpoena issued under

1		this subsection, the Director may apply to any circuit
2		court to secure compliance with the subpoena. The failure
3		to comply with the order of the court issued in response
4		thereto shall be punishable as contempt of court.
5		(i) To appoint and remove the chief administrative
6		officers, and administer programs of training and
7		development of personnel of the Department. Personnel
8		assigned by the Department to be responsible for the
9		custody and control of committed persons or to investigate
10		the alleged misconduct of committed persons or employees or
11		alleged violations of a parolee's or releasee's conditions
12		of parole shall be conservators of the peace for those
13		purposes, and shall have the full power of peace officers
14		outside of the facilities of the Department in the
15		protection, arrest, retaking and reconfining of committed
16		persons or where the exercise of such power is necessary to
17		the investigation of such misconduct or violations.
18		(j) To cooperate with other departments and agencies
19		and with local communities for the development of standards
20		and programs for better correctional services in this
21		State.
22		(k) To administer all moneys and properties of the
23		Department.
24		(l) To report annually to the Governor on the committed
25		persons, institutions and programs of the Department.
26		(l-5) In a confidential annual report to the Governor,
27		the Department shall identify all inmate gangs by
28		specifying each current gang's name, population and allied
29		gangs. The Department shall further specify the number of
30		top leaders identified by the Department for each gang
31		during the past year, and the measures taken by the
32		Department to segregate each leader from his or her gang
33		and allied gangs. The Department shall further report the
34		current status of leaders identified and segregated in

1		previous years. All leaders described in the report shall
2		be identified by inmate number or other designation to
3		enable tracking, auditing, and verification without
4		revealing the names of the leaders. Because this report
5		contains law enforcement intelligence information
6		collected by the Department, the report is confidential and
7		not subject to public disclosure.
8		(m) To make all rules and regulations and exercise all
9		powers and duties vested by law in the Department.
10		(n) To establish rules and regulations for
11		administering a system of good conduct credits,
12		established in accordance with Section 3-6-3, subject to
13		review by the Prisoner Review Board.
14		(o) To administer the distribution of funds from the
15		State Treasury to reimburse counties where State penal
16		institutions are located for the payment of assistant
17		state's attorneys' salaries under Section 4-2001 of the
18		Counties Code.
19		(p) To exchange information with the Department of
20		Human Services and the Illinois Department of Public Aid
21		for the purpose of verifying living arrangements and for
22		other purposes directly connected with the administration
23		of this Code and the Illinois Public Aid Code.
24		(q) To establish a diversion program.
25		The program shall provide a structured environment for
26		selected technical parole or mandatory supervised release
27		violators and committed persons who have violated the rules
28		governing their conduct while in work release. This program
29		shall not apply to those persons who have committed a new
30		offense while serving on parole or mandatory supervised
31		release or while committed to work release.
32		Elements of the program shall include, but shall not be
33		limited to, the following:
34		(1) The staff of a diversion facility shall provide

1		supervision in accordance with required objectives set
2		by the facility.
3		(2) Participants shall be required to maintain
4		employment.
5		(3) Each participant shall pay for room and board
6		at the facility on a sliding-scale basis according to
7		the participant's income.
8		(4) Each participant shall:
9		(A) provide restitution to victims in
10		accordance with any court order;
11		(B) provide financial support to his
12		dependents; and
13		(C) make appropriate payments toward any other
14		court-ordered obligations.
15		(5) Each participant shall complete community
16		service in addition to employment.
17		(6) Participants shall take part in such
18		counseling, educational and other programs as the
19		Department may deem appropriate.
20		(7) Participants shall submit to drug and alcohol
21		screening.
22		(8) The Department shall promulgate rules
23		governing the administration of the program.
24		(r) To enter into intergovernmental cooperation
25		agreements under which persons in the custody of the
26		Department may participate in a county impact
27		incarceration program established under Section 3-6038 or
28		3-15003.5 of the Counties Code.
29		(r-5) To enter into intergovernmental cooperation
30		agreements under which minors adjudicated delinquent and
31		committed to the Department of Corrections, Juvenile
32		Division, may participate in a county juvenile impact
33		incarceration program established under Section 3-6039 of
34		the Counties Code.

1		(r-10) To systematically and routinely identify with
2		respect to each streetgang active within the correctional
3		system: (1) each active gang; (2) every existing inter-gang
4		affiliation or alliance; and (3) the current leaders in
5		each gang. The Department shall promptly segregate leaders
6		from inmates who belong to their gangs and allied gangs.
7		"Segregate" means no physical contact and, to the extent
8		possible under the conditions and space available at the
9		correctional facility, prohibition of visual and sound
10		communication. For the purposes of this paragraph (r-10),
11		"leaders" means persons who:
12		(i) are members of a criminal streetgang;
13		(ii) with respect to other individuals within the
14		streetgang, occupy a position of organizer,
15		supervisor, or other position of management or
16		leadership; and
17		(iii) are actively and personally engaged in
18		directing, ordering, authorizing, or requesting
19		commission of criminal acts by others, which are
20		punishable as a felony, in furtherance of streetgang
21		related activity both within and outside of the
22		Department of Corrections.
23		"Streetgang", "gang", and "streetgang related" have the
24		meanings ascribed to them in Section 10 of the Illinois
25		Streetgang Terrorism Omnibus Prevention Act.
26		(s) To operate a super-maximum security institution,
27		in order to manage and supervise inmates who are disruptive
28		or dangerous and provide for the safety and security of the
29		staff and the other inmates.
30		(t) To monitor any unprivileged conversation or any
31		unprivileged communication, whether in person or by mail,
32		telephone, or other means, between an inmate who, before
33		commitment to the Department, was a member of an organized
34		gang and any other person without the need to show cause or

1		satisfy any other requirement of law before beginning the
2		monitoring, except as constitutionally required. The
3		monitoring may be by video, voice, or other method of
4		recording or by any other means. As used in this
5		subdivision (1)(t), "organized gang" has the meaning
6		ascribed to it in Section 10 of the Illinois Streetgang
7		Terrorism Omnibus Prevention Act.
8		As used in this subdivision (1)(t), "unprivileged
9		conversation" or "unprivileged communication" means a
10		conversation or communication that is not protected by any
11		privilege recognized by law or by decision, rule, or order
12		of the Illinois Supreme Court.
13		(u) To establish a Women's and Children's Pre-release
14		Community Supervision Program for the purpose of providing
15		housing and services to eligible female inmates, as
16		determined by the Department, and their newborn and young
17		children.
18		(v) To do all other acts necessary to carry out the
19		provisions of this Chapter.
20		(2) The Department of Corrections shall by January 1, 1998,
21		consider building and operating a correctional facility within
22		100 miles of a county of over 2,000,000 inhabitants, especially
23		a facility designed to house juvenile participants in the
24		impact incarceration program.
25		(3) When the Department lets bids for contracts for medical
26		services to be provided to persons committed to Department
27		facilities by a health maintenance organization, medical
28		service corporation, or other health care provider, the bid may
29		only be let to a health care provider that has obtained an
30		irrevocable letter of credit or performance bond issued by a
31		company whose bonds are rated AAA by a bond rating
32		organization.
33		(4) When the Department lets bids for contracts for food or
34		commissary services to be provided to Department facilities,

1		the bid may only be let to a food or commissary services
2		provider that has obtained an irrevocable letter of credit or
3		performance bond issued by a company whose bonds are rated AAA
4		by a bond rating organization.
5		(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
6		92-444, eff. 1-1-02; 92-712, eff. 1-1-03.)

7		Section 10-175. The Probation and Probation Officers Act is
8		amended by changing Sections 15 and 15.1 as follows:
9		(730 ILCS 110/15) (from Ch. 38, par. 204-7)
10		Sec. 15. (1) The Supreme Court of Illinois may establish a
11		Division of Probation Services whose purpose shall be the
12		development, establishment, promulgation, and enforcement of
13		uniform standards for probation services in this State, and to
14		otherwise carry out the intent of this Act. The Division may:
15		(a) establish qualifications for chief probation
16		officers and other probation and court services personnel
17		as to hiring, promotion, and training.
18		(b) make available, on a timely basis, lists of those
19		applicants whose qualifications meet the regulations
20		referred to herein, including on said lists all candidates
21		found qualified.
22		(c) establish a means of verifying the conditions for
23		reimbursement under this Act and develop criteria for
24		approved costs for reimbursement.
25		(d) develop standards and approve employee
26		compensation schedules for probation and court services
27		departments.
28		(e) employ sufficient personnel in the Division to
29		carry out the functions of the Division.
30		(f) establish a system of training and establish
31		standards for personnel orientation and training.
32		(g) develop standards for a system of record keeping

1		for cases and programs, gather statistics, establish a
2		system of uniform forms, and develop research for planning
3		of Probation Services.
4		(h) develop standards to assure adequate support
5		personnel, office space, equipment and supplies, travel
6		expenses, and other essential items necessary for
7		Probation and Court Services Departments to carry out their
8		duties.
9		(i) review and approve annual plans submitted by
10		Probation and Court Services Departments.
11		(j) monitor and evaluate all programs operated by
12		Probation and Court Services Departments, and may include
13		in the program evaluation criteria such factors as the
14		percentage of Probation sentences for felons convicted of
15		Probationable offenses.
16		(k) seek the cooperation of local and State government
17		and private agencies to improve the quality of probation
18		and court services.
19		(l) where appropriate, establish programs and
20		corresponding standards designed to generally improve the
21		quality of probation and court services and reduce the rate
22		of adult or juvenile offenders committed to the Department
23		of Corrections.
24		(m) establish such other standards and regulations and
25		do all acts necessary to carry out the intent and purposes
26		of this Act.
27		The Division shall establish a model list of structured
28		intermediate sanctions that may be imposed by a probation
29		agency for violations of terms and conditions of a sentence of
30		probation, conditional discharge, or supervision.
31		The State of Illinois shall provide for the costs of
32		personnel, travel, equipment, telecommunications, postage,
33		commodities, printing, space, contractual services and other
34		related costs necessary to carry out the intent of this Act.

1		(2) (a) The chief judge of each circuit shall provide
2		full-time probation services for all counties within the
3		circuit, in a manner consistent with the annual probation plan,
4		the standards, policies, and regulations established by the
5		Supreme Court. A probation district of two or more counties
6		within a circuit may be created for the purposes of providing
7		full-time probation services. Every county or group of counties
8		within a circuit shall maintain a probation department which
9		shall be under the authority of the Chief Judge of the circuit
10		or some other judge designated by the Chief Judge. The Chief
11		Judge, through the Probation and Court Services Department
12		shall submit annual plans to the Division for probation and
13		related services.
14		(b) The Chief Judge of each circuit shall appoint the Chief
15		Probation Officer and all other probation officers for his or
16		her circuit from lists of qualified applicants supplied by the
17		Supreme Court. Candidates for chief managing officer and other
18		probation officer positions must apply with both the Chief
19		Judge of the circuit and the Supreme Court.
20		(3) A Probation and Court Service Department shall apply to
21		the Supreme Court for funds for basic services, and may apply
22		for funds for new and expanded programs or Individualized
23		Services and Programs. Costs shall be reimbursed monthly based
24		on a plan and budget approved by the Supreme Court. No
25		Department may be reimbursed for costs which exceed or are not
26		provided for in the approved annual plan and budget. After the
27		effective date of this amendatory Act of 1985, each county must
28		provide basic services in accordance with the annual plan and
29		standards created by the division. No department may receive
30		funds for new or expanded programs or individualized services
31		and programs unless they are in compliance with standards as
32		enumerated in paragraph (h) of subsection (1) of this Section,
33		the annual plan, and standards for basic services.
34		(4) The Division shall reimburse the county or counties for

1		probation services as follows:
2		(a) 100% of the salary of all chief managing officers
3		designated as such by the Chief Judge and the division.
4		(b) 100% of the salary for all probation officer and
5		supervisor positions approved for reimbursement by the
6		division after April 1, 1984, to meet workload standards
7		and to implement intensive sanction and probation
8		supervision programs and other basic services as defined in
9		this Act.
10		(c) 100% of the salary for all secure detention
11		personnel and non-secure group home personnel approved for
12		reimbursement after December 1, 1990. For all such
13		positions approved for reimbursement before December 1,
14		1990, the counties shall be reimbursed $1,250 per month
15		beginning July 1, 1995, and an additional $250 per month
16		beginning each July 1st thereafter until the positions
17		receive 100% salary reimbursement. Allocation of such
18		positions will be based on comparative need considering
19		capacity, staff/resident ratio, physical plant and
20		program.
21		(d) $1,000 per month for salaries for the remaining
22		probation officer positions engaged in basic services and
23		new or expanded services. All such positions shall be
24		approved by the division in accordance with this Act and
25		division standards.
26		(e) 100% of the travel expenses in accordance with
27		Division standards for all Probation positions approved
28		under paragraph (b) of subsection 4 of this Section.
29		(f) If the amount of funds reimbursed to the county
30		under paragraphs (a) through (e) of subsection 4 of this
31		Section on an annual basis is less than the amount the
32		county had received during the 12 month period immediately
33		prior to the effective date of this amendatory Act of 1985,
34		then the Division shall reimburse the amount of the

1		difference to the county. The effect of paragraph (b) of
2		subsection 7 of this Section shall be considered in
3		implementing this supplemental reimbursement provision.
4		(5) The Division shall provide funds beginning on April 1,
5		1987 for the counties to provide Individualized Services and
6		Programs as provided in Section 16 of this Act.
7		(6) A Probation and Court Services Department in order to
8		be eligible for the reimbursement must submit to the Supreme
9		Court an application containing such information and in such a
10		form and by such dates as the Supreme Court may require.
11		Departments to be eligible for funding must satisfy the
12		following conditions:
13		(a) The Department shall have on file with the Supreme
14		Court an annual Probation plan for continuing, improved,
15		and new Probation and Court Services Programs approved by
16		the Supreme Court or its designee. This plan shall indicate
17		the manner in which Probation and Court Services will be
18		delivered and improved, consistent with the minimum
19		standards and regulations for Probation and Court
20		Services, as established by the Supreme Court. In counties
21		with more than one Probation and Court Services Department
22		eligible to receive funds, all Departments within that
23		county must submit plans which are approved by the Supreme
24		Court.
25		(b) The annual probation plan shall seek to generally
26		improve the quality of probation services and to reduce the
27		commitment of adult and juvenile offenders to the
28		Department of Corrections and shall require, when
29		appropriate, coordination with the Department of
30		Corrections and the Department of Children and Family
31		Services in the development and use of community resources,
32		information systems, case review and permanency planning
33		systems to avoid the duplication of services.
34		(c) The Department shall be in compliance with

1		standards developed by the Supreme Court for basic, new and
2		expanded services, training, personnel hiring and
3		promotion.
4		(d) The Department shall in its annual plan indicate
5		the manner in which it will support the rights of crime
6		victims and in which manner it will implement Article I,
7		Section 8.1 of the Illinois Constitution and in what manner
8		it will coordinate crime victims' support services with
9		other criminal justice agencies within its jurisdiction,
10		including but not limited to, the State's Attorney, the
11		Sheriff and any municipal police department.
12		(7) No statement shall be verified by the Supreme Court or
13		its designee or vouchered by the Comptroller unless each of the
14		following conditions have been met:
15		(a) The probation officer is a full-time employee
16		appointed by the Chief Judge to provide probation services.
17		(b) The probation officer, in order to be eligible for
18		State reimbursement, is receiving a salary of at least
19		$17,000 per year.
20		(c) The probation officer is appointed or was
21		reappointed in accordance with minimum qualifications or
22		criteria established by the Supreme Court; however, all
23		probation officers appointed prior to January 1, 1978,
24		shall be exempted from the minimum requirements
25		established by the Supreme Court. Payments shall be made to
26		counties employing these exempted probation officers as
27		long as they are employed in the position held on the
28		effective date of this amendatory Act of 1985. Promotions
29		shall be governed by minimum qualifications established by
30		the Supreme Court.
31		(d) The Department has an established compensation
32		schedule approved by the Supreme Court. The compensation
33		schedule shall include salary ranges with necessary
34		increments to compensate each employee. The increments

1		shall, within the salary ranges, be based on such factors
2		as bona fide occupational qualifications, performance, and
3		length of service. Each position in the Department shall be
4		placed on the compensation schedule according to job duties
5		and responsibilities of such position. The policy and
6		procedures of the compensation schedule shall be made
7		available to each employee.
8		(8) In order to obtain full reimbursement of all approved
9		costs, each Department must continue to employ at least the
10		same number of probation officers and probation managers as
11		were authorized for employment for the fiscal year which
12		includes January 1, 1985. This number shall be designated as
13		the base amount of the Department. No positions approved by the
14		Division under paragraph (b) of subsection 4 will be included
15		in the base amount. In the event that the Department employs
16		fewer Probation officers and Probation managers than the base
17		amount for a period of 90 days, funding received by the
18		Department under subsection 4 of this Section may be reduced on
19		a monthly basis by the amount of the current salaries of any
20		positions below the base amount.
21		(9) Before the 15th day of each month, the treasurer of any
22		county which has a Probation and Court Services Department, or
23		the treasurer of the most populous county, in the case of a
24		Probation or Court Services Department funded by more than one
25		county, shall submit an itemized statement of all approved
26		costs incurred in the delivery of Basic Probation and Court
27		Services under this Act to the Supreme Court. The treasurer may
28		also submit an itemized statement of all approved costs
29		incurred in the delivery of new and expanded Probation and
30		Court Services as well as Individualized Services and Programs.
31		The Supreme Court or its designee shall verify compliance with
32		this Section and shall examine and audit the monthly statement
33		and, upon finding them to be correct, shall forward them to the
34		Comptroller for payment to the county treasurer. In the case of

1		payment to a treasurer of a county which is the most populous
2		of counties sharing the salary and expenses of a Probation and
3		Court Services Department, the treasurer shall divide the money
4		between the counties in a manner that reflects each county's
5		share of the cost incurred by the Department.
6		(10) The county treasurer must certify that funds received
7		under this Section shall be used solely to maintain and improve
8		Probation and Court Services. The county or circuit shall
9		remain in compliance with all standards, policies and
10		regulations established by the Supreme Court. If at any time
11		the Supreme Court determines that a county or circuit is not in
12		compliance, the Supreme Court shall immediately notify the
13		Chief Judge, county board chairman and the Director of Court
14		Services Chief Probation Officer. If after 90 days of written
15		notice the noncompliance still exists, the Supreme Court shall
16		be required to reduce the amount of monthly reimbursement by
17		10%. An additional 10% reduction of monthly reimbursement shall
18		occur for each consecutive month of noncompliance. Except as
19		provided in subsection 5 of Section 15, funding to counties
20		shall commence on April 1, 1986. Funds received under this Act
21		shall be used to provide for Probation Department expenses
22		including those required under Section 13 of this Act. For
23		State fiscal years year 2004 and 2005 only, the Mandatory
24		Arbitration Fund may be used to provide for Probation
25		Department expenses, including those required under Section 13
26		of this Act.
27		(11) The respective counties shall be responsible for
28		capital and space costs, fringe benefits, clerical costs,
29		equipment, telecommunications, postage, commodities and
30		printing.
31		(12) For purposes of this Act only, probation officers
32		shall be considered peace officers. In the exercise of their
33		official duties, probation officers, sheriffs, and police
34		officers may, anywhere within the State, arrest any probationer

1		who is in violation of any of the conditions of his or her
2		probation, conditional discharge, or supervision, and it shall
3		be the duty of the officer making the arrest to take the
4		probationer before the Court having jurisdiction over the
5		probationer for further order.
6		(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; revised
7		9-23-03.)
8		(730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
9		Sec. 15.1. Probation and Court Services Fund.
10		(a) The county treasurer in each county shall establish a
11		probation and court services fund consisting of fees collected
12		pursuant to subsection (i) of Section 5-6-3 and subsection (i)
13		of Section 5-6-3.1 of the Unified Code of Corrections,
14		subsection (10) of Section 5-615 and subsection (5) of Section
15		5-715 of the Juvenile Court Act of 1987, and paragraph 14.3 of
16		subsection (b) of Section 110-10 of the Code of Criminal
17		Procedure of 1963. The county treasurer shall disburse monies
18		from the fund only at the direction of the chief judge of the
19		circuit court in such circuit where the county is located. The
20		county treasurer of each county shall, on or before January 10
21		of each year, submit an annual report to the Supreme Court.
22		(b) Monies in the probation and court services fund shall
23		be appropriated by the county board to be used within the
24		county or jurisdiction where collected in accordance with
25		policies and guidelines approved by the Supreme Court for the
26		costs of operating the probation and court services department
27		or departments; however, except as provided in subparagraph
28		(g), monies in the probation and court services fund shall not
29		be used for the payment of salaries of probation and court
30		services personnel.
31		(c) Monies expended from the probation and court services
32		fund shall be used to supplement, not supplant, county
33		appropriations for probation and court services.

1		(d) Interest earned on monies deposited in a probation and
2		court services fund may be used by the county for its ordinary
3		and contingent expenditures.
4		(e) The county board may appropriate moneys from the
5		probation and court services fund, upon the direction of the
6		chief judge, to support programs that are part of the continuum
7		of juvenile delinquency intervention programs which are or may
8		be developed within the county. The grants from the probation
9		and court services fund shall be for no more than one year and
10		may be used for any expenses attributable to the program
11		including administration and oversight of the program by the
12		probation department.
13		(f) The county board may appropriate moneys from the
14		probation and court services fund, upon the direction of the
15		chief judge, to support practices endorsed or required under
16		the Sex Offender Management Board Act, including but not
17		limited to sex offender evaluation, treatment, and monitoring
18		programs that are or may be developed within the county.
19		(g) For the State Fiscal Year 2005 only, the Administrative
20		Office of the Illinois Courts may permit a county or circuit to
21		use its probation and court services fund for the payment of
22		salaries of probation officers and other court services
23		personnel whose salaries are reimbursed under this Act if the
24		State's FY2005 appropriation to the Supreme Court for
25		reimbursement to counties for probation salaries and services
26		is less than the amount appropriated to the Supreme Court for
27		these purposes for State Fiscal Year 2004. The Administrative
28		Office of the Illinois Courts shall take into account any
29		annual surplus or deficit that any county or circuit has in its
30		probation and court services fund and any amounts already
31		obligated from such fund when apportioning the total
32		reimbursement for each county or circuit.
33		(Source: P.A. 92-329, eff. 8-9-01; 93-616, eff. 1-1-04.)

1		Section 10-178. The Code of Civil Procedure is amended by
2		changing Section 2-1009A as follows:
3		(735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
4		Sec. 2-1009A. Filing Fees. In each county authorized by the
5		Supreme Court to utilize mandatory arbitration, the clerk of
6		the circuit court shall charge and collect, in addition to any
7		other fees, an arbitration fee of $8, except in counties with
8		3,000,000 or more inhabitants the fee shall be $10, at the time
9		of filing the first pleading, paper or other appearance filed
10		by each party in all civil cases, but no additional fee shall
11		be required if more than one party is represented in a single
12		pleading, paper or other appearance. Arbitration fees received
13		by the clerk of the circuit court pursuant to this Section
14		shall be remitted within one month after receipt to the State
15		Treasurer for deposit into the Mandatory Arbitration Fund, a
16		special fund in the State treasury for the purpose of funding
17		mandatory arbitration programs and such other alternative
18		dispute resolution programs as may be authorized by circuit
19		court rule for operation in counties that have implemented
20		mandatory arbitration, with a separate account being
21		maintained for each county. Notwithstanding any other
22		provision of this Section to the contrary, and for State fiscal
23		years year 2004 and 2005 only, up to $5,500,000 of the
24		Mandatory Arbitration Fund may be used for any other purpose
25		authorized by the Supreme Court.
26		(Source: P.A. 93-25, eff. 6-20-03.)

27		Section 10-180. The Illinois Pre-Need Cemetery Sales Act is
28		amended by changing Section 22 as follows:
29		(815 ILCS 390/22) (from Ch. 21, par. 222)
30		Sec. 22. Cemetery Consumer Protection Fund.
31		(a) Every seller engaging in pre-need sales shall pay to

1		the Comptroller $5 for each said contract entered into, to be
2		paid into a special income earning fund hereby created in the
3		State Treasury, known as the Cemetery Consumer Protection Fund.
4		The above said fees shall be remitted to the Comptroller
5		semi-annually within 30 days after the end of June and December
6		for all contracts that have been entered in such 6 month
7		period.
8		(b) All monies paid into the fund together with all
9		accumulated undistributed income thereon shall be held as a
10		special fund in the State Treasury. The fund shall be used
11		solely for the purpose of providing restitution to consumers
12		who have suffered pecuniary loss arising out of pre-need sales
13		or to satisfy Receiver's fees ordered by the Circuit Court
14		prior to June 30, 2004.
15		(c) The fund shall be applied only to restitution or
16		completion of the project or delivery of the merchandise or
17		services, where such has been ordered by the Circuit Court in a
18		lawsuit brought under this Act by the Attorney General of the
19		State of Illinois on behalf of the Comptroller and in which it
20		has been determined by the Court that the obligation is
21		non-collectible from the judgment debtor. Restitution shall
22		not exceed the amount of the sales price paid plus interest at
23		the statutory rate. The fund shall not be used for the payment
24		of any attorney or other fees.
25		(d) Whenever restitution is paid by the fund, the fund
26		shall be subrogated to the amount of such restitution, and the
27		Comptroller shall request the Attorney General to engage in all
28		reasonable post judgment collection steps to collect said
29		restitution from the judgment debtor and reimburse the fund.
30		(e) The fund shall not be applied toward any restitution
31		for losses in any lawsuit initiated by the Attorney General or
32		Comptroller or with respect to any claim made on pre-need sales
33		which occurred prior to the effective date of this Act.
34		(f) The fund may not be allocated for any purpose other

1		than that specified in this Act.
2		(g) Notwithstanding any other provision of this Section,
3		the payment of restitution from the fund shall be a matter of
4		grace and not of right and no purchaser shall have any vested
5		rights in the fund as a beneficiary or otherwise. Prior to
6		seeking restitution from the fund, a purchaser or beneficiary
7		seeking payment of restitution shall apply for restitution on a
8		form provided by the Comptroller. The form shall include any
9		information the Comptroller may reasonably require in order for
10		the Court to determine that restitution or completion of the
11		project or delivery of merchandise or service is appropriate.
12		(h) Annually, the status of the fund shall be reviewed by
13		the Comptroller, and if he determines that the fund together
14		with all accumulated income earned thereon, equals or exceeds
15		$10,000,000 and that the total number of outstanding claims
16		filed against the fund is less than 10% of the fund's current
17		balance, then payments to the fund shall be suspended until
18		such time as the fund's balance drops below $10,000,000 or the
19		total number of outstanding claims filed against the fund is
20		more than 10% of the fund's current balance, but on such
21		suspension, the fund shall not be considered inactive.
22		(Source: P.A. 92-419, eff. 1-1-02.)

23		Section 10-185. The State Employees Group Insurance Act of
24		1971 is amended by changing Sections 3 and 10 as follows:
25		(5 ILCS 375/3) (from Ch. 127, par. 523)
26		Sec. 3. Definitions. Unless the context otherwise
27		requires, the following words and phrases as used in this Act
28		shall have the following meanings. The Department may define
29		these and other words and phrases separately for the purpose of
30		implementing specific programs providing benefits under this
31		Act.
32		(a) "Administrative service organization" means any

1		person, firm or corporation experienced in the handling of
2		claims which is fully qualified, financially sound and capable
3		of meeting the service requirements of a contract of
4		administration executed with the Department.
5		(b) "Annuitant" means (1) an employee who retires, or has
6		retired, on or after January 1, 1966 on an immediate annuity
7		under the provisions of Articles 2, 14 (including an employee
8		who has elected to receive an alternative retirement
9		cancellation payment under Section 14-108.5 of the Illinois
10		Pension Code in lieu of an annuity), 15 (including an employee
11		who has retired under the optional retirement program
12		established under Section 15-158.2), paragraphs (2), (3), or
13		(5) of Section 16-106, or Article 18 of the Illinois Pension
14		Code; (2) any person who was receiving group insurance coverage
15		under this Act as of March 31, 1978 by reason of his status as
16		an annuitant, even though the annuity in relation to which such
17		coverage was provided is a proportional annuity based on less
18		than the minimum period of service required for a retirement
19		annuity in the system involved; (3) any person not otherwise
20		covered by this Act who has retired as a participating member
21		under Article 2 of the Illinois Pension Code but is ineligible
22		for the retirement annuity under Section 2-119 of the Illinois
23		Pension Code; (4) the spouse of any person who is receiving a
24		retirement annuity under Article 18 of the Illinois Pension
25		Code and who is covered under a group health insurance program
26		sponsored by a governmental employer other than the State of
27		Illinois and who has irrevocably elected to waive his or her
28		coverage under this Act and to have his or her spouse
29		considered as the "annuitant" under this Act and not as a
30		"dependent"; or (5) an employee who retires, or has retired,
31		from a qualified position, as determined according to rules
32		promulgated by the Director, under a qualified local government
33		or a qualified rehabilitation facility or a qualified domestic
34		violence shelter or service. (For definition of "retired

1		employee", see (p) post).
2		(b-5) "New SERS annuitant" means a person who, on or after
3		January 1, 1998, becomes an annuitant, as defined in subsection
4		(b), by virtue of beginning to receive a retirement annuity
5		under Article 14 of the Illinois Pension Code (including an
6		employee who has elected to receive an alternative retirement
7		cancellation payment under Section 14-108.5 of that Code in
8		lieu of an annuity), and is eligible to participate in the
9		basic program of group health benefits provided for annuitants
10		under this Act.
11		(b-6) "New SURS annuitant" means a person who (1) on or
12		after January 1, 1998, becomes an annuitant, as defined in
13		subsection (b), by virtue of beginning to receive a retirement
14		annuity under Article 15 of the Illinois Pension Code, (2) has
15		not made the election authorized under Section 15-135.1 of the
16		Illinois Pension Code, and (3) is eligible to participate in
17		the basic program of group health benefits provided for
18		annuitants under this Act.
19		(b-7) "New TRS State annuitant" means a person who, on or
20		after July 1, 1998, becomes an annuitant, as defined in
21		subsection (b), by virtue of beginning to receive a retirement
22		annuity under Article 16 of the Illinois Pension Code based on
23		service as a teacher as defined in paragraph (2), (3), or (5)
24		of Section 16-106 of that Code, and is eligible to participate
25		in the basic program of group health benefits provided for
26		annuitants under this Act.
27		(c) "Carrier" means (1) an insurance company, a corporation
28		organized under the Limited Health Service Organization Act or
29		the Voluntary Health Services Plan Act, a partnership, or other
30		nongovernmental organization, which is authorized to do group
31		life or group health insurance business in Illinois, or (2) the
32		State of Illinois as a self-insurer.
33		(d) "Compensation" means salary or wages payable on a
34		regular payroll by the State Treasurer on a warrant of the

1		State Comptroller out of any State, trust or federal fund, or
2		by the Governor of the State through a disbursing officer of
3		the State out of a trust or out of federal funds, or by any
4		Department out of State, trust, federal or other funds held by
5		the State Treasurer or the Department, to any person for
6		personal services currently performed, and ordinary or
7		accidental disability benefits under Articles 2, 14, 15
8		(including ordinary or accidental disability benefits under
9		the optional retirement program established under Section
10		15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
11		Article 18 of the Illinois Pension Code, for disability
12		incurred after January 1, 1966, or benefits payable under the
13		Workers' Compensation or Occupational Diseases Act or benefits
14		payable under a sick pay plan established in accordance with
15		Section 36 of the State Finance Act. "Compensation" also means
16		salary or wages paid to an employee of any qualified local
17		government or qualified rehabilitation facility or a qualified
18		domestic violence shelter or service.
19		(e) "Commission" means the State Employees Group Insurance
20		Advisory Commission authorized by this Act. Commencing July 1,
21		1984, "Commission" as used in this Act means the Illinois
22		Economic and Fiscal Commission as established by the
23		Legislative Commission Reorganization Act of 1984.
24		(f) "Contributory", when referred to as contributory
25		coverage, shall mean optional coverages or benefits elected by
26		the member toward the cost of which such member makes
27		contribution, or which are funded in whole or in part through
28		the acceptance of a reduction in earnings or the foregoing of
29		an increase in earnings by an employee, as distinguished from
30		noncontributory coverage or benefits which are paid entirely by
31		the State of Illinois without reduction of the member's salary.
32		(g) "Department" means any department, institution, board,
33		commission, officer, court or any agency of the State
34		government receiving appropriations and having power to

1		certify payrolls to the Comptroller authorizing payments of
2		salary and wages against such appropriations as are made by the
3		General Assembly from any State fund, or against trust funds
4		held by the State Treasurer and includes boards of trustees of
5		the retirement systems created by Articles 2, 14, 15, 16 and 18
6		of the Illinois Pension Code. "Department" also includes the
7		Illinois Comprehensive Health Insurance Board, the Board of
8		Examiners established under the Illinois Public Accounting
9		Act, and the Illinois Finance Authority.
10		(h) "Dependent", when the term is used in the context of
11		the health and life plan, means a member's spouse and any
12		unmarried child (1) from birth to age 19 including an adopted
13		child, a child who lives with the member from the time of the
14		filing of a petition for adoption until entry of an order of
15		adoption, a stepchild or recognized child who lives with the
16		member in a parent-child relationship, or a child who lives
17		with the member if such member is a court appointed guardian of
18		the child, or (2) age 19 to 23 enrolled as a full-time student
19		in any accredited school, financially dependent upon the
20		member, and eligible to be claimed as a dependent for income
21		tax purposes, or (3) age 19 or over who is mentally or
22		physically handicapped. For the health plan only, the term
23		"dependent" also includes any person enrolled prior to the
24		effective date of this Section who is dependent upon the member
25		to the extent that the member may claim such person as a
26		dependent for income tax deduction purposes; no other such
27		person may be enrolled. For the health plan only, the term
28		"dependent" also includes any person who has received after
29		June 30, 2000 an organ transplant and who is financially
30		dependent upon the member and eligible to be claimed as a
31		dependent for income tax purposes.
32		(i) "Director" means the Director of the Illinois
33		Department of Central Management Services.
34		(j) "Eligibility period" means the period of time a member

1		has to elect enrollment in programs or to select benefits
2		without regard to age, sex or health.
3		(k) "Employee" means and includes each officer or employee
4		in the service of a department who (1) receives his
5		compensation for service rendered to the department on a
6		warrant issued pursuant to a payroll certified by a department
7		or on a warrant or check issued and drawn by a department upon
8		a trust, federal or other fund or on a warrant issued pursuant
9		to a payroll certified by an elected or duly appointed officer
10		of the State or who receives payment of the performance of
11		personal services on a warrant issued pursuant to a payroll
12		certified by a Department and drawn by the Comptroller upon the
13		State Treasurer against appropriations made by the General
14		Assembly from any fund or against trust funds held by the State
15		Treasurer, and (2) is employed full-time or part-time in a
16		position normally requiring actual performance of duty during
17		not less than 1/2 of a normal work period, as established by
18		the Director in cooperation with each department, except that
19		persons elected by popular vote will be considered employees
20		during the entire term for which they are elected regardless of
21		hours devoted to the service of the State, and (3) except that
22		"employee" does not include any person who is not eligible by
23		reason of such person's employment to participate in one of the
24		State retirement systems under Articles 2, 14, 15 (either the
25		regular Article 15 system or the optional retirement program
26		established under Section 15-158.2) or 18, or under paragraph
27		(2), (3), or (5) of Section 16-106, of the Illinois Pension
28		Code, but such term does include persons who are employed
29		during the 6 month qualifying period under Article 14 of the
30		Illinois Pension Code. Such term also includes any person who
31		(1) after January 1, 1966, is receiving ordinary or accidental
32		disability benefits under Articles 2, 14, 15 (including
33		ordinary or accidental disability benefits under the optional
34		retirement program established under Section 15-158.2),

1		paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
2		the Illinois Pension Code, for disability incurred after
3		January 1, 1966, (2) receives total permanent or total
4		temporary disability under the Workers' Compensation Act or
5		Occupational Disease Act as a result of injuries sustained or
6		illness contracted in the course of employment with the State
7		of Illinois, or (3) is not otherwise covered under this Act and
8		has retired as a participating member under Article 2 of the
9		Illinois Pension Code but is ineligible for the retirement
10		annuity under Section 2-119 of the Illinois Pension Code.
11		However, a person who satisfies the criteria of the foregoing
12		definition of "employee" except that such person is made
13		ineligible to participate in the State Universities Retirement
14		System by clause (4) of subsection (a) of Section 15-107 of the
15		Illinois Pension Code is also an "employee" for the purposes of
16		this Act. "Employee" also includes any person receiving or
17		eligible for benefits under a sick pay plan established in
18		accordance with Section 36 of the State Finance Act. "Employee"
19		also includes each officer or employee in the service of a
20		qualified local government, including persons appointed as
21		trustees of sanitary districts regardless of hours devoted to
22		the service of the sanitary district, and each employee in the
23		service of a qualified rehabilitation facility and each
24		full-time employee in the service of a qualified domestic
25		violence shelter or service, as determined according to rules
26		promulgated by the Director.
27		(l) "Member" means an employee, annuitant, retired
28		employee or survivor.
29		(m) "Optional coverages or benefits" means those coverages
30		or benefits available to the member on his or her voluntary
31		election, and at his or her own expense.
32		(n) "Program" means the group life insurance, health
33		benefits and other employee benefits designed and contracted
34		for by the Director under this Act.

1		(o) "Health plan" means a health benefits program offered
2		by the State of Illinois for persons eligible for the plan.
3		(p) "Retired employee" means any person who would be an
4		annuitant as that term is defined herein but for the fact that
5		such person retired prior to January 1, 1966. Such term also
6		includes any person formerly employed by the University of
7		Illinois in the Cooperative Extension Service who would be an
8		annuitant but for the fact that such person was made ineligible
9		to participate in the State Universities Retirement System by
10		clause (4) of subsection (a) of Section 15-107 of the Illinois
11		Pension Code.
12		(q) "Survivor" means a person receiving an annuity as a
13		survivor of an employee or of an annuitant. "Survivor" also
14		includes: (1) the surviving dependent of a person who satisfies
15		the definition of "employee" except that such person is made
16		ineligible to participate in the State Universities Retirement
17		System by clause (4) of subsection (a) of Section 15-107 of the
18		Illinois Pension Code; and (2) the surviving dependent of any
19		person formerly employed by the University of Illinois in the
20		Cooperative Extension Service who would be an annuitant except
21		for the fact that such person was made ineligible to
22		participate in the State Universities Retirement System by
23		clause (4) of subsection (a) of Section 15-107 of the Illinois
24		Pension Code; and (3) the surviving dependent of a person who
25		was an annuitant under this Act by virtue of receiving an
26		alternative retirement cancellation payment under Section
27		14-108.5 of the Illinois Pension Code.
28		(q-2) "SERS" means the State Employees' Retirement System
29		of Illinois, created under Article 14 of the Illinois Pension
30		Code.
31		(q-3) "SURS" means the State Universities Retirement
32		System, created under Article 15 of the Illinois Pension Code.
33		(q-4) "TRS" means the Teachers' Retirement System of the
34		State of Illinois, created under Article 16 of the Illinois

1		Pension Code.
2		(q-5) "New SERS survivor" means a survivor, as defined in
3		subsection (q), whose annuity is paid under Article 14 of the
4		Illinois Pension Code and is based on the death of (i) an
5		employee whose death occurs on or after January 1, 1998, or
6		(ii) a new SERS annuitant as defined in subsection (b-5). "New
7		SERS survivor" includes the surviving dependent of a person who
8		was an annuitant under this Act by virtue of receiving an
9		alternative retirement cancellation payment under Section
10		14-108.5 of the Illinois Pension Code.
11		(q-6) "New SURS survivor" means a survivor, as defined in
12		subsection (q), whose annuity is paid under Article 15 of the
13		Illinois Pension Code and is based on the death of (i) an
14		employee whose death occurs on or after January 1, 1998, or
15		(ii) a new SURS annuitant as defined in subsection (b-6).
16		(q-7) "New TRS State survivor" means a survivor, as defined
17		in subsection (q), whose annuity is paid under Article 16 of
18		the Illinois Pension Code and is based on the death of (i) an
19		employee who is a teacher as defined in paragraph (2), (3), or
20		(5) of Section 16-106 of that Code and whose death occurs on or
21		after July 1, 1998, or (ii) a new TRS State annuitant as
22		defined in subsection (b-7).
23		(r) "Medical services" means the services provided within
24		the scope of their licenses by practitioners in all categories
25		licensed under the Medical Practice Act of 1987.
26		(s) "Unit of local government" means any county,
27		municipality, township, school district (including a
28		combination of school districts under the Intergovernmental
29		Cooperation Act), special district or other unit, designated as
30		a unit of local government by law, which exercises limited
31		governmental powers or powers in respect to limited
32		governmental subjects, any not-for-profit association with a
33		membership that primarily includes townships and township
34		officials, that has duties that include provision of research

1		service, dissemination of information, and other acts for the
2		purpose of improving township government, and that is funded
3		wholly or partly in accordance with Section 85-15 of the
4		Township Code; any not-for-profit corporation or association,
5		with a membership consisting primarily of municipalities, that
6		operates its own utility system, and provides research,
7		training, dissemination of information, or other acts to
8		promote cooperation between and among municipalities that
9		provide utility services and for the advancement of the goals
10		and purposes of its membership; the Southern Illinois
11		Collegiate Common Market, which is a consortium of higher
12		education institutions in Southern Illinois; and the Illinois
13		Association of Park Districts. "Qualified local government"
14		means a unit of local government approved by the Director and
15		participating in a program created under subsection (i) of
16		Section 10 of this Act.
17		(t) "Qualified rehabilitation facility" means any
18		not-for-profit organization that is accredited by the
19		Commission on Accreditation of Rehabilitation Facilities or
20		certified by the Department of Human Services (as successor to
21		the Department of Mental Health and Developmental
22		Disabilities) to provide services to persons with disabilities
23		and which receives funds from the State of Illinois for
24		providing those services, approved by the Director and
25		participating in a program created under subsection (j) of
26		Section 10 of this Act.
27		(u) "Qualified domestic violence shelter or service" means
28		any Illinois domestic violence shelter or service and its
29		administrative offices funded by the Department of Human
30		Services (as successor to the Illinois Department of Public
31		Aid), approved by the Director and participating in a program
32		created under subsection (k) of Section 10.
33		(v) "TRS benefit recipient" means a person who:
34		(1) is not a "member" as defined in this Section; and

1		(2) is receiving a monthly benefit or retirement
2		annuity under Article 16 of the Illinois Pension Code; and
3		(3) either (i) has at least 8 years of creditable
4		service under Article 16 of the Illinois Pension Code, or
5		(ii) was enrolled in the health insurance program offered
6		under that Article on January 1, 1996, or (iii) is the
7		survivor of a benefit recipient who had at least 8 years of
8		creditable service under Article 16 of the Illinois Pension
9		Code or was enrolled in the health insurance program
10		offered under that Article on the effective date of this
11		amendatory Act of 1995, or (iv) is a recipient or survivor
12		of a recipient of a disability benefit under Article 16 of
13		the Illinois Pension Code.
14		(w) "TRS dependent beneficiary" means a person who:
15		(1) is not a "member" or "dependent" as defined in this
16		Section; and
17		(2) is a TRS benefit recipient's: (A) spouse, (B)
18		dependent parent who is receiving at least half of his or
19		her support from the TRS benefit recipient, or (C)
20		unmarried natural or adopted child who is (i) under age 19,
21		or (ii) enrolled as a full-time student in an accredited
22		school, financially dependent upon the TRS benefit
23		recipient, eligible to be claimed as a dependent for income
24		tax purposes, and either is under age 24 or was, on January
25		1, 1996, participating as a dependent beneficiary in the
26		health insurance program offered under Article 16 of the
27		Illinois Pension Code, or (iii) age 19 or over who is
28		mentally or physically handicapped.
29		(x) "Military leave with pay and benefits" refers to
30		individuals in basic training for reserves, special/advanced
31		training, annual training, emergency call up, or activation by
32		the President of the United States with approved pay and
33		benefits.
34		(y) "Military leave without pay and benefits" refers to

1		individuals who enlist for active duty in a regular component
2		of the U.S. Armed Forces or other duty not specified or
3		authorized under military leave with pay and benefits.
4		(z) "Community college benefit recipient" means a person
5		who:
6		(1) is not a "member" as defined in this Section; and
7		(2) is receiving a monthly survivor's annuity or
8		retirement annuity under Article 15 of the Illinois Pension
9		Code; and
10		(3) either (i) was a full-time employee of a community
11		college district or an association of community college
12		boards created under the Public Community College Act
13		(other than an employee whose last employer under Article
14		15 of the Illinois Pension Code was a community college
15		district subject to Article VII of the Public Community
16		College Act) and was eligible to participate in a group
17		health benefit plan as an employee during the time of
18		employment with a community college district (other than a
19		community college district subject to Article VII of the
20		Public Community College Act) or an association of
21		community college boards, or (ii) is the survivor of a
22		person described in item (i).
23		(aa) "Community college dependent beneficiary" means a
24		person who:
25		(1) is not a "member" or "dependent" as defined in this
26		Section; and
27		(2) is a community college benefit recipient's: (A)
28		spouse, (B) dependent parent who is receiving at least half
29		of his or her support from the community college benefit
30		recipient, or (C) unmarried natural or adopted child who is
31		(i) under age 19, or (ii) enrolled as a full-time student
32		in an accredited school, financially dependent upon the
33		community college benefit recipient, eligible to be
34		claimed as a dependent for income tax purposes and under

1		age 23, or (iii) age 19 or over and mentally or physically
2		handicapped.
3		(Source: P.A. 92-16, eff. 6-28-01; 92-186, eff. 1-1-02; 92-204,
4		eff. 8-1-01; 92-651, eff. 7-11-02; 93-205, eff. 1-1-04.)
5		(5 ILCS 375/10) (from Ch. 127, par. 530)
6		Sec. 10. Payments by State; premiums.
7		(a) The State shall pay the cost of basic non-contributory
8		group life insurance and, subject to member paid contributions
9		set by the Department or required by this Section, the basic
10		program of group health benefits on each eligible member,
11		except a member, not otherwise covered by this Act, who has
12		retired as a participating member under Article 2 of the
13		Illinois Pension Code but is ineligible for the retirement
14		annuity under Section 2-119 of the Illinois Pension Code, and
15		part of each eligible member's and retired member's premiums
16		for health insurance coverage for enrolled dependents as
17		provided by Section 9. The State shall pay the cost of the
18		basic program of group health benefits only after benefits are
19		reduced by the amount of benefits covered by Medicare for all
20		members and dependents who are eligible for benefits under
21		Social Security or the Railroad Retirement system or who had
22		sufficient Medicare-covered government employment, except that
23		such reduction in benefits shall apply only to those members
24		and dependents who (1) first become eligible for such Medicare
25		coverage on or after July 1, 1992; or (2) are Medicare-eligible
26		members or dependents of a local government unit which began
27		participation in the program on or after July 1, 1992; or (3)
28		remain eligible for, but no longer receive Medicare coverage
29		which they had been receiving on or after July 1, 1992. The
30		Department may determine the aggregate level of the State's
31		contribution on the basis of actual cost of medical services
32		adjusted for age, sex or geographic or other demographic
33		characteristics which affect the costs of such programs.

1		The cost of participation in the basic program of group
2		health benefits for the dependent or survivor of a living or
3		deceased retired employee who was formerly employed by the
4		University of Illinois in the Cooperative Extension Service and
5		would be an annuitant but for the fact that he or she was made
6		ineligible to participate in the State Universities Retirement
7		System by clause (4) of subsection (a) of Section 15-107 of the
8		Illinois Pension Code shall not be greater than the cost of
9		participation that would otherwise apply to that dependent or
10		survivor if he or she were the dependent or survivor of an
11		annuitant under the State Universities Retirement System.
12		(a-1) Beginning January 1, 1998, for each person who
13		becomes a new SERS annuitant and participates in the basic
14		program of group health benefits, the State shall contribute
15		toward the cost of the annuitant's coverage under the basic
16		program of group health benefits an amount equal to 5% of that
17		cost for each full year of creditable service upon which the
18		annuitant's retirement annuity is based, up to a maximum of
19		100% for an annuitant with 20 or more years of creditable
20		service. The remainder of the cost of a new SERS annuitant's
21		coverage under the basic program of group health benefits shall
22		be the responsibility of the annuitant. In the case of a new
23		SERS annuitant who has elected to receive an alternative
24		retirement cancellation payment under Section 14-108.5 of the
25		Illinois Pension Code in lieu of an annuity, for the purposes
26		of this subsection the annuitant shall be deemed to be
27		receiving a retirement annuity based on the number of years of
28		creditable service that the annuitant had established at the
29		time of his or her termination of service under SERS.
30		(a-2) Beginning January 1, 1998, for each person who
31		becomes a new SERS survivor and participates in the basic
32		program of group health benefits, the State shall contribute
33		toward the cost of the survivor's coverage under the basic
34		program of group health benefits an amount equal to 5% of that

1		cost for each full year of the deceased employee's or deceased
2		annuitant's creditable service in the State Employees'
3		Retirement System of Illinois on the date of death, up to a
4		maximum of 100% for a survivor of an employee or annuitant with
5		20 or more years of creditable service. The remainder of the
6		cost of the new SERS survivor's coverage under the basic
7		program of group health benefits shall be the responsibility of
8		the survivor. In the case of a new SERS survivor who was the
9		dependent of an annuitant who elected to receive an alternative
10		retirement cancellation payment under Section 14-108.5 of the
11		Illinois Pension Code in lieu of an annuity, for the purposes
12		of this subsection the deceased annuitant's creditable service
13		shall be determined as of the date of termination of service
14		rather than the date of death.
15		(a-3) Beginning January 1, 1998, for each person who
16		becomes a new SURS annuitant and participates in the basic
17		program of group health benefits, the State shall contribute
18		toward the cost of the annuitant's coverage under the basic
19		program of group health benefits an amount equal to 5% of that
20		cost for each full year of creditable service upon which the
21		annuitant's retirement annuity is based, up to a maximum of
22		100% for an annuitant with 20 or more years of creditable
23		service. The remainder of the cost of a new SURS annuitant's
24		coverage under the basic program of group health benefits shall
25		be the responsibility of the annuitant.
26		(a-4) (Blank).
27		(a-5) Beginning January 1, 1998, for each person who
28		becomes a new SURS survivor and participates in the basic
29		program of group health benefits, the State shall contribute
30		toward the cost of the survivor's coverage under the basic
31		program of group health benefits an amount equal to 5% of that
32		cost for each full year of the deceased employee's or deceased
33		annuitant's creditable service in the State Universities
34		Retirement System on the date of death, up to a maximum of 100%

1		for a survivor of an employee or annuitant with 20 or more
2		years of creditable service. The remainder of the cost of the
3		new SURS survivor's coverage under the basic program of group
4		health benefits shall be the responsibility of the survivor.
5		(a-6) Beginning July 1, 1998, for each person who becomes a
6		new TRS State annuitant and participates in the basic program
7		of group health benefits, the State shall contribute toward the
8		cost of the annuitant's coverage under the basic program of
9		group health benefits an amount equal to 5% of that cost for
10		each full year of creditable service as a teacher as defined in
11		paragraph (2), (3), or (5) of Section 16-106 of the Illinois
12		Pension Code upon which the annuitant's retirement annuity is
13		based, up to a maximum of 100%; except that the State
14		contribution shall be 12.5% per year (rather than 5%) for each
15		full year of creditable service as a regional superintendent or
16		assistant regional superintendent of schools. The remainder of
17		the cost of a new TRS State annuitant's coverage under the
18		basic program of group health benefits shall be the
19		responsibility of the annuitant.
20		(a-7) Beginning July 1, 1998, for each person who becomes a
21		new TRS State survivor and participates in the basic program of
22		group health benefits, the State shall contribute toward the
23		cost of the survivor's coverage under the basic program of
24		group health benefits an amount equal to 5% of that cost for
25		each full year of the deceased employee's or deceased
26		annuitant's creditable service as a teacher as defined in
27		paragraph (2), (3), or (5) of Section 16-106 of the Illinois
28		Pension Code on the date of death, up to a maximum of 100%;
29		except that the State contribution shall be 12.5% per year
30		(rather than 5%) for each full year of the deceased employee's
31		or deceased annuitant's creditable service as a regional
32		superintendent or assistant regional superintendent of
33		schools. The remainder of the cost of the new TRS State
34		survivor's coverage under the basic program of group health

1		benefits shall be the responsibility of the survivor.
2		(a-8) A new SERS annuitant, new SERS survivor, new SURS
3		annuitant, new SURS survivor, new TRS State annuitant, or new
4		TRS State survivor may waive or terminate coverage in the
5		program of group health benefits. Any such annuitant or
6		survivor who has waived or terminated coverage may enroll or
7		re-enroll in the program of group health benefits only during
8		the annual benefit choice period, as determined by the
9		Director; except that in the event of termination of coverage
10		due to nonpayment of premiums, the annuitant or survivor may
11		not re-enroll in the program.
12		(a-9) No later than May 1 of each calendar year, the
13		Director of Central Management Services shall certify in
14		writing to the Executive Secretary of the State Employees'
15		Retirement System of Illinois the amounts of the Medicare
16		supplement health care premiums and the amounts of the health
17		care premiums for all other retirees who are not Medicare
18		eligible.
19		A separate calculation of the premiums based upon the
20		actual cost of each health care plan shall be so certified.
21		The Director of Central Management Services shall provide
22		to the Executive Secretary of the State Employees' Retirement
23		System of Illinois such information, statistics, and other data
24		as he or she may require to review the premium amounts
25		certified by the Director of Central Management Services.
26		(b) State employees who become eligible for this program on
27		or after January 1, 1980 in positions normally requiring actual
28		performance of duty not less than 1/2 of a normal work period
29		but not equal to that of a normal work period, shall be given
30		the option of participating in the available program. If the
31		employee elects coverage, the State shall contribute on behalf
32		of such employee to the cost of the employee's benefit and any
33		applicable dependent supplement, that sum which bears the same
34		percentage as that percentage of time the employee regularly

1		works when compared to normal work period.
2		(c) The basic non-contributory coverage from the basic
3		program of group health benefits shall be continued for each
4		employee not in pay status or on active service by reason of
5		(1) leave of absence due to illness or injury, (2) authorized
6		educational leave of absence or sabbatical leave, or (3)
7		military leave with pay and benefits. This coverage shall
8		continue until expiration of authorized leave and return to
9		active service, but not to exceed 24 months for leaves under
10		item (1) or (2). This 24-month limitation and the requirement
11		of returning to active service shall not apply to persons
12		receiving ordinary or accidental disability benefits or
13		retirement benefits through the appropriate State retirement
14		system or benefits under the Workers' Compensation or
15		Occupational Disease Act.
16		(d) The basic group life insurance coverage shall continue,
17		with full State contribution, where such person is (1) absent
18		from active service by reason of disability arising from any
19		cause other than self-inflicted, (2) on authorized educational
20		leave of absence or sabbatical leave, or (3) on military leave
21		with pay and benefits.
22		(e) Where the person is in non-pay status for a period in
23		excess of 30 days or on leave of absence, other than by reason
24		of disability, educational or sabbatical leave, or military
25		leave with pay and benefits, such person may continue coverage
26		only by making personal payment equal to the amount normally
27		contributed by the State on such person's behalf. Such payments
28		and coverage may be continued: (1) until such time as the
29		person returns to a status eligible for coverage at State
30		expense, but not to exceed 24 months, (2) until such person's
31		employment or annuitant status with the State is terminated, or
32		(3) for a maximum period of 4 years for members on military
33		leave with pay and benefits and military leave without pay and
34		benefits (exclusive of any additional service imposed pursuant

1		to law).
2		(f) The Department shall establish by rule the extent to
3		which other employee benefits will continue for persons in
4		non-pay status or who are not in active service.
5		(g) The State shall not pay the cost of the basic
6		non-contributory group life insurance, program of health
7		benefits and other employee benefits for members who are
8		survivors as defined by paragraphs (1) and (2) of subsection
9		(q) of Section 3 of this Act. The costs of benefits for these
10		survivors shall be paid by the survivors or by the University
11		of Illinois Cooperative Extension Service, or any combination
12		thereof. However, the State shall pay the amount of the
13		reduction in the cost of participation, if any, resulting from
14		the amendment to subsection (a) made by this amendatory Act of
15		the 91st General Assembly.
16		(h) Those persons occupying positions with any department
17		as a result of emergency appointments pursuant to Section 8b.8
18		of the Personnel Code who are not considered employees under
19		this Act shall be given the option of participating in the
20		programs of group life insurance, health benefits and other
21		employee benefits. Such persons electing coverage may
22		participate only by making payment equal to the amount normally
23		contributed by the State for similarly situated employees. Such
24		amounts shall be determined by the Director. Such payments and
25		coverage may be continued until such time as the person becomes
26		an employee pursuant to this Act or such person's appointment
27		is terminated.
28		(i) Any unit of local government within the State of
29		Illinois may apply to the Director to have its employees,
30		annuitants, and their dependents provided group health
31		coverage under this Act on a non-insured basis. To participate,
32		a unit of local government must agree to enroll all of its
33		employees, who may select coverage under either the State group
34		health benefits plan or a health maintenance organization that

1		has contracted with the State to be available as a health care
2		provider for employees as defined in this Act. A unit of local
3		government must remit the entire cost of providing coverage
4		under the State group health benefits plan or, for coverage
5		under a health maintenance organization, an amount determined
6		by the Director based on an analysis of the sex, age,
7		geographic location, or other relevant demographic variables
8		for its employees, except that the unit of local government
9		shall not be required to enroll those of its employees who are
10		covered spouses or dependents under this plan or another group
11		policy or plan providing health benefits as long as (1) an
12		appropriate official from the unit of local government attests
13		that each employee not enrolled is a covered spouse or
14		dependent under this plan or another group policy or plan, and
15		(2) at least 85% of the employees are enrolled and the unit of
16		local government remits the entire cost of providing coverage
17		to those employees, except that a participating school district
18		must have enrolled at least 85% of its full-time employees who
19		have not waived coverage under the district's group health plan
20		by participating in a component of the district's cafeteria
21		plan. A participating school district is not required to enroll
22		a full-time employee who has waived coverage under the
23		district's health plan, provided that an appropriate official
24		from the participating school district attests that the
25		full-time employee has waived coverage by participating in a
26		component of the district's cafeteria plan. For the purposes of
27		this subsection, "participating school district" includes a
28		unit of local government whose primary purpose is education as
29		defined by the Department's rules.
30		Employees of a participating unit of local government who
31		are not enrolled due to coverage under another group health
32		policy or plan may enroll in the event of a qualifying change
33		in status, special enrollment, special circumstance as defined
34		by the Director, or during the annual Benefit Choice Period. A

1		participating unit of local government may also elect to cover
2		its annuitants. Dependent coverage shall be offered on an
3		optional basis, with the costs paid by the unit of local
4		government, its employees, or some combination of the two as
5		determined by the unit of local government. The unit of local
6		government shall be responsible for timely collection and
7		transmission of dependent premiums.
8		The Director shall annually determine monthly rates of
9		payment, subject to the following constraints:
10		(1) In the first year of coverage, the rates shall be
11		equal to the amount normally charged to State employees for
12		elected optional coverages or for enrolled dependents
13		coverages or other contributory coverages, or contributed
14		by the State for basic insurance coverages on behalf of its
15		employees, adjusted for differences between State
16		employees and employees of the local government in age,
17		sex, geographic location or other relevant demographic
18		variables, plus an amount sufficient to pay for the
19		additional administrative costs of providing coverage to
20		employees of the unit of local government and their
21		dependents.
22		(2) In subsequent years, a further adjustment shall be
23		made to reflect the actual prior years' claims experience
24		of the employees of the unit of local government.
25		In the case of coverage of local government employees under
26		a health maintenance organization, the Director shall annually
27		determine for each participating unit of local government the
28		maximum monthly amount the unit may contribute toward that
29		coverage, based on an analysis of (i) the age, sex, geographic
30		location, and other relevant demographic variables of the
31		unit's employees and (ii) the cost to cover those employees
32		under the State group health benefits plan. The Director may
33		similarly determine the maximum monthly amount each unit of
34		local government may contribute toward coverage of its

1		employees' dependents under a health maintenance organization.
2		Monthly payments by the unit of local government or its
3		employees for group health benefits plan or health maintenance
4		organization coverage shall be deposited in the Local
5		Government Health Insurance Reserve Fund.
6		The Local Government Health Insurance Reserve Fund shall be
7		a continuing fund not subject to fiscal year limitations. All
8		expenditures from this Fund shall be used for payments for
9		health care benefits for local government and rehabilitation
10		facility employees, annuitants, and dependents, and to
11		reimburse the Department or its administrative service
12		organization for all expenses incurred in the administration of
13		benefits. No other State funds may be used for these purposes.
14		A local government employer's participation or desire to
15		participate in a program created under this subsection shall
16		not limit that employer's duty to bargain with the
17		representative of any collective bargaining unit of its
18		employees.
19		(j) Any rehabilitation facility within the State of
20		Illinois may apply to the Director to have its employees,
21		annuitants, and their eligible dependents provided group
22		health coverage under this Act on a non-insured basis. To
23		participate, a rehabilitation facility must agree to enroll all
24		of its employees and remit the entire cost of providing such
25		coverage for its employees, except that the rehabilitation
26		facility shall not be required to enroll those of its employees
27		who are covered spouses or dependents under this plan or
28		another group policy or plan providing health benefits as long
29		as (1) an appropriate official from the rehabilitation facility
30		attests that each employee not enrolled is a covered spouse or
31		dependent under this plan or another group policy or plan, and
32		(2) at least 85% of the employees are enrolled and the
33		rehabilitation facility remits the entire cost of providing
34		coverage to those employees. Employees of a participating

1		rehabilitation facility who are not enrolled due to coverage
2		under another group health policy or plan may enroll in the
3		event of a qualifying change in status, special enrollment,
4		special circumstance as defined by the Director, or during the
5		annual Benefit Choice Period. A participating rehabilitation
6		facility may also elect to cover its annuitants. Dependent
7		coverage shall be offered on an optional basis, with the costs
8		paid by the rehabilitation facility, its employees, or some
9		combination of the 2 as determined by the rehabilitation
10		facility. The rehabilitation facility shall be responsible for
11		timely collection and transmission of dependent premiums.
12		The Director shall annually determine quarterly rates of
13		payment, subject to the following constraints:
14		(1) In the first year of coverage, the rates shall be
15		equal to the amount normally charged to State employees for
16		elected optional coverages or for enrolled dependents
17		coverages or other contributory coverages on behalf of its
18		employees, adjusted for differences between State
19		employees and employees of the rehabilitation facility in
20		age, sex, geographic location or other relevant
21		demographic variables, plus an amount sufficient to pay for
22		the additional administrative costs of providing coverage
23		to employees of the rehabilitation facility and their
24		dependents.
25		(2) In subsequent years, a further adjustment shall be
26		made to reflect the actual prior years' claims experience
27		of the employees of the rehabilitation facility.
28		Monthly payments by the rehabilitation facility or its
29		employees for group health benefits shall be deposited in the
30		Local Government Health Insurance Reserve Fund.
31		(k) Any domestic violence shelter or service within the
32		State of Illinois may apply to the Director to have its
33		employees, annuitants, and their dependents provided group
34		health coverage under this Act on a non-insured basis. To

1		participate, a domestic violence shelter or service must agree
2		to enroll all of its employees and pay the entire cost of
3		providing such coverage for its employees. A participating
4		domestic violence shelter may also elect to cover its
5		annuitants. Dependent coverage shall be offered on an optional
6		basis, with employees, or some combination of the 2 as
7		determined by the domestic violence shelter or service. The
8		domestic violence shelter or service shall be responsible for
9		timely collection and transmission of dependent premiums.
10		The Director shall annually determine rates of payment,
11		subject to the following constraints:
12		(1) In the first year of coverage, the rates shall be
13		equal to the amount normally charged to State employees for
14		elected optional coverages or for enrolled dependents
15		coverages or other contributory coverages on behalf of its
16		employees, adjusted for differences between State
17		employees and employees of the domestic violence shelter or
18		service in age, sex, geographic location or other relevant
19		demographic variables, plus an amount sufficient to pay for
20		the additional administrative costs of providing coverage
21		to employees of the domestic violence shelter or service
22		and their dependents.
23		(2) In subsequent years, a further adjustment shall be
24		made to reflect the actual prior years' claims experience
25		of the employees of the domestic violence shelter or
26		service.
27		Monthly payments by the domestic violence shelter or
28		service or its employees for group health insurance shall be
29		deposited in the Local Government Health Insurance Reserve
30		Fund.
31		(l) A public community college or entity organized pursuant
32		to the Public Community College Act may apply to the Director
33		initially to have only annuitants not covered prior to July 1,
34		1992 by the district's health plan provided health coverage

1		under this Act on a non-insured basis. The community college
2		must execute a 2-year contract to participate in the Local
3		Government Health Plan. Any annuitant may enroll in the event
4		of a qualifying change in status, special enrollment, special
5		circumstance as defined by the Director, or during the annual
6		Benefit Choice Period.
7		The Director shall annually determine monthly rates of
8		payment subject to the following constraints: for those
9		community colleges with annuitants only enrolled, first year
10		rates shall be equal to the average cost to cover claims for a
11		State member adjusted for demographics, Medicare
12		participation, and other factors; and in the second year, a
13		further adjustment of rates shall be made to reflect the actual
14		first year's claims experience of the covered annuitants.
15		(l-5) The provisions of subsection (l) become inoperative
16		on July 1, 1999.
17		(m) The Director shall adopt any rules deemed necessary for
18		implementation of this amendatory Act of 1989 (Public Act
19		86-978).
20		(Source: P.A. 91-280, eff. 7-23-99; 91-311; eff. 7-29-99;
21		91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395, eff.
22		7-30-99; 91-617, eff. 8-19-99; 92-16, eff. 6-28-01; revised
23		2-25-02.)

24		Section 10-190. The State Finance Act is amended by adding
25		Section 14a.5 as follows:
26		(30 ILCS 105/14a.5 new)
27		Sec. 14a.5. Maximum incentive payments for early
28		termination of State service.
29		(a) The Department of Central Management Services shall
30		create, adopt by emergency rulemaking under the Illinois
31		Administrative Procedure Act through the Joint Committee on
32		Administrative Rules by October 1, 2004, and administer a

1		program of incentive payments for early termination of State
2		service. The program shall provide for the payment of a lump
3		sum incentive to certain persons who terminate State employment
4		on or after November 1, 2004 but on or before December 31,
5		2004. The lump sum payment to any individual under the program
6		shall not exceed 25% of final monthly rate of pay for each
7		completed year of State employment, nor shall it exceed the
8		compensation earned by the individual during the 6 months
9		immediately preceding his or her termination from State
10		service, and is payable out of the personal services
11		appropriation from which the employee's salary is paid. The
12		rules of the program may limit the number of individuals listed
13		under Section 14-108.5(b)(1) of the Illinois Pension Code who
14		may participate in the program and shall specify how the lump
15		sum amount will be determined and vouchered; provided, however,
16		that all employees within the same title shall be provided lump
17		sum amounts on the same terms, varying only due to their time
18		of State service. The director or other head of a department
19		shall limit the number of individuals listed under Section
20		14-108.5(b)(2) of the Illinois Pension Code who may participate
21		in the program and shall specify the amount of the lump sum and
22		how the lump sum amount will be determined and vouchered.
23		(b) In addition to the lump sum payment provided under
24		subsection (a), the program may also provide for payment to
25		participants or their health benefit coverage providers of an
26		amount representing the net cost to the participating employee
27		of his or her health benefit coverage under the State Employees
28		Group Insurance Act of 1971 or applicable COBRA (Consolidated
29		Omnibus Budget Reconciliation Act of 1985) insurance
30		continuation provisions for up to 6 months immediately
31		following termination of State service. The amount payable to
32		any participant under this subsection shall not exceed $3,600
33		and is payable out of the personal services appropriation from
34		which the employee's salary is paid. The program rules shall

1		specify how the amount payable under this subsection will be
2		determined and vouchered.
3		(c) The program authorized under this Section applies only
4		to a person who (1) was an active employee of the State of
5		Illinois on any day during June 2004 in a position listed in
6		subsection (b) of Section 14-108.5 of the Illinois Pension Code
7		and was continuously employed in a position listed in
8		subsection (b) of Section 14-108.5 of the Illinois Pension Code
9		on and after January 1, 2004, (2) applies in writing to the
10		Department of Central Management Services, in the case of a
11		person listed under Section 14-108.5(b)(1) of the Illinois
12		Pension Code, or to the director or other head of the
13		department at which he or she is employed, in the case of a
14		person listed under Section 14-108.5(b)(2) of the Illinois
15		Pension Code, on or before October 31, 2004, (3) does not
16		accept an alternative retirement cancellation payment under
17		Section 14-108.5 of the Illinois Pension Code, and (4)
18		terminates his or her State employment on or before December
19		31, 2004.
20		(d) A participant in the program who returns to State
21		employment (other than as an elected official or as a temporary
22		employee for not more than 75 days per calendar year) thereby
23		forfeits the incentive payments received under the program and
24		must repay those amounts to the Department of Central
25		Management Services, in the case of a person listed under
26		Section 14-108.5(b)(1) of the Illinois Pension Code, or to the
27		department at which he or she is employed, in the case of a
28		person listed under Section 14-108.5(b)(2) of the Illinois
29		Pension Code, within 60 days after his or her return to State
30		employment.

31		Section 10-195. The Illinois Pension Code is amended by
32		adding Sections 14-104.12 and 14-108.5 and changing Section
33		14-130 as follows:

1		(40 ILCS 5/14-104.12 new)
2		Sec. 14-104.12. Early termination incentives under the
3		State Finance Act. Notwithstanding any other provision of this
4		Article and notwithstanding that they may be payable from a
5		personal services line item, early termination incentives paid
6		under Section 14a.5 of the State Finance Act:
7		(1) shall not be included in, and do not affect the
8		calculation of, compensation or final average compensation
9		under this Article;
10		(2) do not entitle the recipient to establish any
11		additional service credit under this Article;
12		(3) do not require and shall not result in the payment
13		of any employee or employer contributions under this
14		Article; and
15		(4) have no effect under this Article except to
16		disqualify the recipient from receiving the alternative
17		retirement cancellation payment under Section 14-108.5.
18		(40 ILCS 5/14-108.5 new)
19		Sec. 14-108.5. Alternative retirement cancellation
20		payment.
21		(a) To be eligible for the alternative retirement
22		cancellation payment provided in this Section, a person must:
23		(1) be a member of this System who, on any day during
24		June 2004, was (i) in active payroll status as an employee
25		in a position listed in subsection (b) of this Section and
26		continuously employed in a position listed in subsection
27		(b) on and after January 1, 2004 and (ii) an active
28		contributor to this System with respect to that employment;
29		(2) have not previously received any retirement
30		annuity under this Article;
31		(3) not accept an incentive payment under Section 14a.5
32		of the State Finance Act;

1		(4) in the case of persons employed in a position title
2		listed under paragraph (1) of subsection (b), be among the
3		first 3,000 persons to file with the Board on or before
4		September 30, 2004 a written application requesting the
5		alternative retirement cancellation payment provided in
6		this Section;
7		(5) in the case of persons employed in a position title
8		listed under paragraph (2) of subsection (b), have received
9		written authorization from the director or other head of
10		his or her department and filed that authorization with the
11		system on or before September 1, 2004;
12		(6) if there is a QILDRO in effect against the person,
13		file with the Board the written consent of all alternate
14		payees under the QILDRO to the election of an alternative
15		retirement cancellation payment under this Section; and
16		(7) terminate employment under this Article within 2
17		weeks after approval of the person's application
18		requesting the alternative retirement cancellation
19		payment, but in no event later than October 31, 2004.
20		(b)(1) Position titles eligible for the alternative
21		retirement cancellation payment provided in this Section
22		are:
23		911 Analyst III; Brickmason; Account Clerk I and II; Budget
24		Analyst I and II; Account Technician I and II; Budget
25		Operations Director; Accountant; Budget Principal;
26		Accountant Advanced; Building Services Worker; Accountant
27		Supervisor; Building/Grounds Laborer; Accounting Fiscal
28		Administrative Career Trainee; Building/Grounds Lead 1 and
29		2; Accounts Payable Processing Analyst; Building/Grounds
30		Maintenance Worker; Accounts Payable Specialist;
31		Building/Grounds Supervisor; Accounts Processing Analyst;
32		Bureau Chief; Actuarial Assistant; Business Administrative
33		Specialist; Administrative and Technology Director;

1		Business Analyst I through IV; Administrative Assistant I
2		through III; Business Manager; Administrative Clerk;
3		Buyer; Administrative Coordinator; Buyer Assistant;
4		Administrator; Capital Budget Analyst I and II;
5		Administrator of Capital Programs; Capital Budget
6		Director; Administrator of Construction Administration;
7		Capital Programs Analyst I and II; Administrator of
8		Contract Administration; Capital Programs Technician;
9		Administrator of Fair Employment Practices; Carpenter;
10		Administrator of Fiscal; Carpenter Foreman; Administrator
11		of Information Management; Cartographer I through III;
12		Administrator of Information Systems; Chief - Police;
13		Administrator of Personnel; Chief Veterans Technician;
14		Administrator of Professional Services; Circuit
15		Provisioning Specialist; Administrator of Public Affairs;
16		Civil Engineer I through IX; Administrator of
17		Quality-Based Selection; Civil Engineer Trainee;
18		Administrator of Strategic Planning and Training; Clerical
19		Trainee; Appeals & Orders Coordinator; Communications
20		Director; Appraisal Specialist 1 through 3; Community
21		Planner 3; Assignment Coordinator; Commander; Assistant
22		Art-in-Architecture Coordinator; Compliance Specialist;
23		Assistant Chief - Police; Conservation Education
24		Representative; Assistant Internal Auditor; Conservation
25		Grant Administrator 1 through 3; Assistant Manager;
26		Construction Supervisor I and II; Assistant Personnel
27		Officer; Consumer Policy Analyst; Assistant Professor
28		Scientist; Consumer Program Coordinator; Assistant
29		Reimbursement Officer; Contract Executive; Assistant
30		Steward; Coordinator of Administrative Services; Associate
31		Director for Administrative Services; Coordinator of
32		Art-in-Architecture; Associate Museum Director;
33		Corrections Clerk I through III; Associate Professor
34		Scientist; Corrections Maintenance Supervisor; Corrections

1		Caseworker Supervisor; Corrections Food Service
2		Supervisor; Auto Parts Warehouse Specialist; Corrections
3		Maintenance Worker; Auto Parts Warehouser; Curator I
4		through III; Automotive Attendant I and II; Data Processing
5		Administrative Specialist; Automotive Mechanic; Data
6		Processing Assistant; Automotive Shop Supervisor; Data
7		Processing Operator; Baker; Data Processing Specialist;
8		Barber; Data Processing Supervisor 1 through 3;
9		Beautician; Data Processing Technician; Brickmason; Deputy
10		Chief Counsel; Director of Licensing; Desktop Technician;
11		Director of Security; Human Resources Officer; Division
12		Chief; Human Resources Representative; Division Director;
13		Human Resources Specialist; Economic Analyst I through IV;
14		Human Resources Trainee; Electrical Engineer; Human
15		Services Casework Manager; Electrical Engineer I through
16		V; Human Services Grant Coordinator 2 and 3; Electrical
17		Equipment Installer/Repairer; Iconographer; Electrical
18		Equipment Installer/Repairer Lead Worker; Industry and
19		Commercial Development Representative 1 and 2;
20		Electrician; Industry Services Consultant 1 and 2;
21		Electronics Technician; Information Services Intern;
22		Elevator Operator; Information Services Specialist I and
23		II; Endangered Species Secretary; Information Systems
24		Analyst I through III; Engineering Aide; Information
25		Systems Manager; Engineering Analyst I through IV;
26		Information Systems Planner; Engineering Manager I and II;
27		Institutional Maintenance Worker; Engineering Technician I
28		through V; Instrument Designer; Environmental Scientist I
29		and II; Insurance Analyst I through IV; Executive I through
30		VI; Executive Assistant; Intermittent Clerk; Executive
31		Assistant I through IV; Intermittent Laborer Maintenance;
32		Executive Secretary 1 through 3; Intern; Federal Funding
33		and Public Safety Director; Internal Auditor 1; Financial &
34		Budget Assistant; Internal Communications Officer;

1		Financial & Budget Supervisor; International Marketing
2		Representative 1; Financial Management Director; IT
3		Manager; Fiscal Executive; Janitor I and II; Fiscal
4		Officer; Junior State Veterinarian; Gas Engineer I through
5		IV; Junior Supervisor Scientist; General Counsel and
6		Regulatory Director; Laboratory Manager II; General
7		Services Administrator I; Labor Maintenance Lead Worker;
8		General Services Technician; Laborer; Geographic
9		Information Specialist 1 and 2; Laborer (Building);
10		Geologist I through IV; Laborer (Maintenance); Graphic
11		Arts Design Supervisor; Landscape Architect; Graphic Arts
12		Designer; Landscape Architect I through IV; Graphic Arts
13		Technician; Landscape Planner; Grounds Supervisor; Laundry
14		Manager I; Highway Construction Supervisor I; Legislative
15		Liaison I and II; Historical Research Editor 2; Liability
16		Claims Adjuster 1 and 2; Historical Research Specialist;
17		Librarian 1 and 2; Horse Custodian; Library Aide I through
18		III; Horse Identifier; Library Associate; Hourly
19		Assistant; Library Technical Assistant; Human Resource
20		Coordinator; Licensing Assistant; Human Resources Analyst;
21		Line Technician I through II; Human Resources Assistant;
22		Local History Service Representative; Human Resources
23		Associate; Local Housing Advisor 2 and 3; Human Resources
24		Manager; Local Revenue and Fiscal Advisor 3; Machinist;
25		Locksmith; Maintenance Equipment Operator; Operations
26		Communications Specialist Trainee; Maintenance Worker;
27		Operations Technician; Maintenance Worker Power Plant;
28		Painter; Management Information Technician; Paralegal
29		Assistant; Management Operations Analyst 1 and 2;
30		Performance Management Analyst; Management Secretary I;
31		Personnel Manager; Management Systems Specialist;
32		Photogrammetrist I through IV; Management Technician I
33		through IV; Physician; Manager; Physician Specialist
34		Operations A through D; Manpower Planner 1 through 3;

1		Planning Director; Medical Administrator III and V; Plant
2		Maintenance Engineer 1 and 2; Methods & Processes Advisor
3		1, 2 and III; Plumber; Methods & Processes Career Associate
4		1 and 2; Policy Advisor; Microfilm Operator I through III;
5		Policy Analyst I through IV; Military Administrative
6		Assistant I; Power Shovel Operator (Maintenance); Military
7		Administrative Clerk; Principal Economist; Military
8		Administrative Officer-Legal; Principal Scientist;
9		Military Administrative Specialist; Private Secretary 1
10		and 2; Military Community Relations Specialist; Private
11		Secretary I and II; Military Cooperative Agreement
12		Specialist; Procurement Representative; Military Crash,
13		Fire, Rescue I through III; Professor & Scientist; Military
14		Energy Manager; Program Manager; Military Engineer
15		Technician; Program Specialist; Military Environmental
16		Specialist I through III; Project Coordinator; Military
17		Facilities Engineer; Project Designer; Military Facilities
18		Officer I; Project Manager I through III; Military
19		Maintenance Engineer; Project Manager; Military Museum
20		Director; Project Manager/Technical Specialist I thru III;
21		Military Program Supervisor; Project Specialist I through
22		IV; Military Property Custodian II; Projects Director;
23		Military Real Property Clerk; Property & Supply Clerk I
24		through III; Motorist Assistance Specialist; Property
25		Control Officer; Museum Director; Public Administration
26		Intern; Museum Security Head I through III; Public
27		Information Coordinator; Museum Technician I through III;
28		Public Information Officer; Network Control Center
29		Specialist; Public Information Officer 2 through 4;
30		Network Control Center Technician 2; Public Service
31		Administrator; Network Engineer I through IV; Race Track
32		Maintenance 1 and 2; Office Administration Specialist;
33		Radio Technician Program Coordinator; Office Administrator
34		1 through 5; Realty Specialist I through V; Office Aide;

1		Receptionist; Office Assistant; Regional Manager; Office
2		Associate; Regulatory Accountant IV; Office Clerk;
3		Reimbursement Officer 1 and 2; Office Coordinator;
4		Representative I and II; Office Manager; Representative
5		Trainee; Office Occupations Trainee; School Construction
6		Manager; Office Specialist; Secretary I and IV; Operations
7		Communications Specialist I and II; Security Guard; Senior
8		Economic Analyst; Security Supervisor; Senior Editor;
9		Systems Developer I through IV; Senior Electrical
10		Engineer; Systems Developer Trainee; Senior Financial &
11		Budget Assistant; Systems Engineer I through IV; Senior Gas
12		Engineer; Systems Engineer Trainee; Senior Policy Analyst;
13		Tariff & Order Coordinator; Senior Programs Analyst;
14		Tariff Administrator III; Senior Project Consultant;
15		Tariff Analyst IV; Senior Project Manager; Teacher of
16		Barbering; Senior Public Information Officer; Teacher of
17		Beauty Culture; Senior Public Service Administrator;
18		Technical Advisor 2 and 3; Senior Rate Analyst; Technical
19		Advisor I through VII; Senior Technical Assistant;
20		Technical Analyst; Technical Manager I through IX; Senior
21		Technical Supervisor; Technical Assistant; Senior
22		Technology Specialist; Technical Manager 1; Senior
23		Transportation Industry Analyst; Technical Manager I
24		through X; Sewage Plant Operator; Technical Specialist;
25		Sign Hanger; Technical Support Specialist; Sign Hanger
26		Foreman; Technical Specialist I thru III; Sign Painter;
27		Technician Trainee; Sign Shop Foreman; Telecom Systems
28		Analyst; Silk Screen Operator; Telecom Systems Consultant;
29		Senior Administrative Assistant; Telecom Systems
30		Technician 1 and 2; Site Superintendent; Telecommunication
31		Supervisor; Software Architect; Tinsmith; Special
32		Assistant; Trades Tender; Special Assistant to the
33		Executive Director; Training Coordinator; Staff
34		Development Specialist I; Transportation Counsel; Staff

1		Development Technician II; Transportation Industry Analyst
2		III; State Police Captain; Transportation Industry
3		Customer Service; State Police Lieutenant; Transportation
4		Officer; State Police Major; Transportation Policy Analyst
5		III and IV; State Police Master Sergeant; Urban Planner I
6		through VI; Stationary Engineer; Utility Engineer I and II;
7		Stationary Engineer Assistant Chief; Veteran Secretary;
8		Stationary Engineer Chief; Veteran Technician; Stationary
9		Fireman; Water Engineer I through IV; Statistical Research
10		Specialist 1 through 3; Water Plant Operator; Statistical
11		Research Supervisor; Web and Publications Manager;
12		Statistical Research Technician; Steamfitter; Steward;
13		Steward Secretary; Storekeeper I through III; Stores
14		Clerk; Student Intern; Student Worker; Supervisor;
15		Supervisor & Assistant Scientist; Supervisor & Associate
16		Scientist; Switchboard Operator 1 through 3;
17		Administrative Assistant to the Superintendent; Assistant
18		Legal Advisor; Legal Assistant; Senior Human Resources
19		Specialist; Principal Internal Auditor; Division
20		Administrator; Division Supervisor; and Private Secretary
21		I through III.
22		(2) In addition, any position titles with the Speaker
23		of the House of Representatives, the Minority Leader of the
24		House of Representatives, the President of the Senate, the
25		Minority Leader of the Senate, the Attorney General, the
26		Secretary of State, the Comptroller, the Treasurer, the
27		Auditor General, the Supreme Court, the Court of Claims,
28		and each legislative agency are eligible for the
29		alternative retirement cancellation payment provided in
30		this Section.
31		(c) In lieu of any retirement annuity or other benefit
32		provided under this Article, a person who qualifies for and
33		elects to receive the alternative retirement cancellation
34		payment under this Section shall be entitled to receive a

1		one-time lump sum retirement cancellation payment equal to the
2		amount of his or her contributions to the System (including any
3		employee contributions for optional service credit and
4		including any employee contributions paid by the employer or
5		credited to the employee during disability) as of the date of
6		termination, with regular interest, multiplied by 2.
7		(d) Notwithstanding any other provision of this Article, a
8		person who receives an alternative retirement cancellation
9		payment under this Section thereby forfeits the right to any
10		other retirement or disability benefit or refund under this
11		Article, and no widow's, survivor's, or death benefit deriving
12		from that person shall be payable under this Article. Upon
13		accepting an alternative retirement cancellation payment under
14		this Section, the person's creditable service and all other
15		rights in the System are terminated for all purposes, except
16		for the purpose of determining State group life and health
17		benefits for the person and his or her survivors as provided
18		under the State Employees Group Insurance Act of 1971.
19		(e) To the extent permitted by federal law, a person who
20		receives an alternative retirement cancellation payment under
21		this Section may direct the System to pay all or a portion of
22		that payment as a rollover into another retirement plan or
23		account qualified under the Internal Revenue Code of 1986, as
24		amended.
25		(f) Notwithstanding Section 14-111, a person who has
26		received an alternative retirement cancellation payment under
27		this Section and who reenters service under this Article other
28		than as a temporary employee must repay to the System the
29		amount by which that alternative retirement cancellation
30		payment exceeded the amount of his or her refundable employee
31		contributions within 60 days of resuming employment under this
32		System. For the purposes of re-establishing creditable service
33		that was terminated upon election of the alternative retirement
34		cancellation payment, the portion of the alternative

1		retirement cancellation payment representing refundable
2		employee contributions shall be deemed a refund repayable in
3		accordance with Section 14-130.
4		(g) The Economic and Fiscal Commission shall determine and
5		report to the Governor and the General Assembly, on or before
6		January 1, 2006, its estimate of (1) the annual amount of
7		payroll savings likely to be realized by the State as a result
8		of the early termination of persons receiving the alternative
9		retirement cancellation payment under this Section and (2) the
10		net annual savings or cost to the State from the program of
11		alternative retirement cancellation payments under this
12		Section.
13		The System, the Department of Central Management Services,
14		the Governor's Office of Management and Budget, and all other
15		departments shall provide to the Commission any assistance that
16		the Commission may request with respect to its report under
17		this Section. The Commission may require departments to provide
18		it with any information that it deems necessary or useful with
19		respect to its reports under this Section, including without
20		limitation information about (1) the final earnings of former
21		department employees who elected to receive alternative
22		retirement cancellation payments under this Section, (2) the
23		earnings of current department employees holding the positions
24		vacated by persons who elected to receive alternative
25		retirement cancellation payments under this Section, and (3)
26		positions vacated by persons who elected to receive alternative
27		retirement cancellation payments under this Section that have
28		not yet been refilled.

29		(40 ILCS 5/14-130) (from Ch. 108 1/2, par. 14-130)
30		Sec. 14-130. Refunds; rules.
31		(a) Upon withdrawal a member is entitled to receive, upon
32		written request, a refund of the member's contributions,
33		including credits granted while in receipt of disability

1		benefits, without credited interest. The board, in its
2		discretion may withhold payment of the refund of a member's
3		contributions for a period not to exceed 1 year after the
4		member has ceased to be an employee.
5		For purposes of this Section, a member will be considered
6		to have withdrawn from service if a change in, or transfer of,
7		his position results in his becoming ineligible for continued
8		membership in this System and eligible for membership in
9		another public retirement system under this Act.
10		(b) A member receiving a refund forfeits and relinquishes
11		all accrued rights in the System, including all accumulated
12		creditable service. If the person again becomes a member of the
13		System and establishes at least 2 years of creditable service,
14		the member may repay the moneys previously refunded. However, a
15		former member may restore credits previously forfeited by
16		acceptance of a refund without returning to service by applying
17		in writing and repaying to the System, by April 1, 1993, the
18		amount of the refund plus regular interest calculated from the
19		date of refund to the date of repayment.
20		The repayment of refunds issued prior to January 1, 1984
21		shall consist of the amount refunded plus 5% interest per annum
22		compounded annually for the period from the date of the refund
23		to the end of the month in which repayment is made. The
24		repayment of refunds issued after January 1, 1984 shall consist
25		of the amount refunded plus regular interest for the period
26		from the date of refund to the end of the month in which
27		repayment is made. The repayment of the refund of a person who
28		accepts an alternative retirement cancellation payment under
29		Section 14-108.5 shall consist of the entire amount paid to the
30		person under subsection (c) of Section 14-108.5 plus regular
31		interest for the period from the date of the refund to the end
32		of the month in which repayment is made. However, in the case
33		of a refund that is repaid in a lump sum between January 1,
34		1991 and July 1, 1991, repayment shall consist of the amount

1		refunded plus interest at the rate of 2.5% per annum compounded
2		annually from the date of the refund to the end of the month in
3		which repayment is made.
4		Upon repayment, the member shall receive credit for the
5		service, member contributions and regular interest that was
6		forfeited by acceptance of the refund as well as regular
7		interest for the period of non-membership. Such repayment shall
8		be made in full before retirement either in a lump sum or in
9		installment payments in accordance with such rules as may be
10		adopted by the board.
11		(b-5) The Board may adopt rules governing the repayment of
12		refunds and establishment of credits in cases involving awards
13		of back pay or reinstatement. The rules may authorize repayment
14		of a refund in installment payments and may waive the payment
15		of interest on refund amounts repaid in full within a specified
16		period.
17		(c) A member no longer in service who is unmarried and does
18		not have an eligible survivors annuity beneficiary on the date
19		of application therefor is entitled to a refund of
20		contributions for widow's annuity or survivors annuity
21		purposes, or both, as the case may be, without interest. A
22		widow's annuity or survivors annuity shall not be payable upon
23		the death of a person who has received this refund, unless
24		prior to that death the amount of the refund has been repaid to
25		the System, together with regular interest from the date of the
26		refund to the date of repayment.
27		(d) Any member who has service credit in any position for
28		which an alternative retirement annuity is provided and in
29		relation to which an increase in the rate of employee
30		contribution is required, shall be entitled to a refund,
31		without interest, of that part of the member's employee
32		contribution which results from that increase in the employee
33		rate if the member does not qualify for that alternative
34		retirement annuity at the time of retirement.

1		(Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)

ARTICLE 99

3		Section 99-995. Closed meetings; vote requirement. This
4		Act authorizes the Illinois Economic and Fiscal Commission to
5		hold closed meetings in certain circumstances. In order to meet
6		the requirements of subsection (c) of Section 5 of Article IV
7		of the Illinois Constitution, the General Assembly determines
8		that closed meetings of the Illinois Economic and Fiscal
9		Commission are required by the public interest. Thus, this Act
10		is enacted by the affirmative vote of two-thirds of the members
11		elected to each house of the General Assembly.

12		Section 99-997. Severability. The provisions of this Act
13		are severable under Section 1.31 of the Statute on Statutes.

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