SB2206enr 93RD GENERAL ASSEMBLY

SB2206 Enrolled LRB093 15832 RCE 41449 b

AN ACT in relation to budget implementation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE I

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

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

ARTICLE 5

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

14		Section 5-5. Definitions. In this Act:
15		"Commission" means the Illinois Economic and Fiscal
16		Commission.
17		"State facility" means any facility (i) that is owned and
18		operated by the State or leased and operated by the State and
19		(ii) that is the primary stationary work location for 25 or
20		more State employees. "State facility" does not include any
21		facility under the jurisdiction of the legislative branch,
22		including the Auditor General, or the judicial branch.

23		Section 5-10. Facility closure process.
24		(a) Before a State facility may be closed, the State
25		executive branch officer with jurisdiction over the facility
26		shall file notice of the proposed closure with the Commission.
27		The notice must be filed within 2 days after the first public

1		announcement of any planned or proposed closure. Within 10 days
2		after it receives notice of the proposed closure, the
3		Commission, in its discretion, may require the State executive
4		branch officer with jurisdiction over the facility to file a
5		recommendation for the closure of the facility with the
6		Commission. The recommendation must be filed within 30 days
7		after the Commission delivers the request for recommendation to
8		the State executive branch officer. The recommendation must
9		include, but is not limited to, the following:
10		(1) the location and identity of the State facility
11		proposed to be closed;
12		(2) the number of employees for which the State
13		facility is the primary stationary work location and the
14		effect of the closure of the facility on those employees;
15		(3) the location or locations to which the functions
16		and employees of the State facility would be moved;
17		(4) the availability and condition of land and
18		facilities at both the existing location and any potential
19		locations;
20		(5) the ability to accommodate the functions and
21		employees at the existing and at any potential locations;
22		(6) the cost of operations of the State facility and at
23		any potential locations and any other related budgetary
24		impacts;
25		(7) the economic impact on existing communities in the
26		vicinity of the State facility and any potential facility;
27		(8) the ability of the existing and any potential
28		community's infrastructure to support the functions and
29		employees;
30		(9) the impact on State services delivered at the
31		existing location, in direct relation to the State services
32		expected to be delivered at any potential locations; and
33		(10) the environmental impact, including the impact of
34		costs related to potential environmental restoration,
35		waste management, and environmental compliance activities.
36		(b) If a recommendation is required by the Commission, a

1		30-day public comment period must follow the filing of the
2		recommendation. The Commission, in its discretion, may conduct
3		one or more public hearings on the recommendation. Public
4		hearings conducted by the Commission shall be conducted no
5		later than 35 days after the filing of the recommendation. At
6		least one of the public hearings on the recommendation shall be
7		held at a convenient location within 25 miles of the facility
8		for which closure is recommended. The Commission shall provide
9		reasonable notice of the comment period and of any public
10		hearings to the public and to units of local government and
11		school districts that are located within 25 miles of the
12		facility.
13		(c) Within 50 days after the State executive branch officer
14		files the required recommendation, the Commission shall issue
15		an advisory opinion on that recommendation. The Commission
16		shall file the advisory opinion with the appropriate State
17		executive branch officer, the Governor, the General Assembly,
18		and the Index Department of the Office of the Secretary of
19		State and shall make copies of the advisory opinion available
20		to the public upon request.
21		(d) No action may be taken to implement the recommendation
22		for closure of a State facility until 50 days after the filing
23		of any required recommendation.
24		(e) The requirements of this Section do not apply if all of
25		the functions and employees of a State facility are relocated
26		to another State facility that is within 10 miles of the closed
27		facility.

ARTICLE 10

29		Section 10-50. The Intergovernmental Cooperation Act is
30		amended by adding Section 4.5 as follows:
31		(5 ILCS 220/4.5 new)
32		Sec. 4.5. Prohibited agreements and contracts. No
33		intergovernmental or interagency agreement or contract may be

1		entered into, implemented, or given effect if the agreement's
2		or contract's intent or effect is (i) to circumvent any
3		limitation established by law on State appropriation or State
4		expenditure authority with respect to health care and employee
5		benefits contracts or (ii) to expend State moneys in a manner
6		inconsistent with the purpose for which they were appropriated
7		with respect to health care and employee benefits contracts.

8		Section 10-52. The Illinois Public Labor Relations Act is
9		amended by changing Section 15 as follows:
10		(5 ILCS 315/15) (from Ch. 48, par. 1615)
11		Sec. 15. Act Takes Precedence. (a) In case of any conflict
12		between the provisions of this Act and any other law (other
13		than Section 5 of the State Employees Group Insurance Act of
14		1971), executive order or administrative regulation relating
15		to wages, hours and conditions of employment and employment
16		relations, the provisions of this Act or any collective
17		bargaining agreement negotiated thereunder shall prevail and
18		control. Nothing in this Act shall be construed to replace or
19		diminish the rights of employees established by Sections 28 and
20		28a of the Metropolitan Transit Authority Act, Sections 2.15
21		through 2.19 of the Regional Transportation Authority Act. The
22		provisions of this Act are subject to Section 5 of the State
23		Employees Group Insurance Act of 1971.
24		(b) Except as provided in subsection (a) above, any
25		collective bargaining contract between a public employer and a
26		labor organization executed pursuant to this Act shall
27		supersede any contrary statutes, charters, ordinances, rules
28		or regulations relating to wages, hours and conditions of
29		employment and employment relations adopted by the public
30		employer or its agents. Any collective bargaining agreement
31		entered into prior to the effective date of this Act shall
32		remain in full force during its duration.
33		(c) It is the public policy of this State, pursuant to
34		paragraphs (h) and (i) of Section 6 of Article VII of the

1		Illinois Constitution, that the provisions of this Act are the
2		exclusive exercise by the State of powers and functions which
3		might otherwise be exercised by home rule units. Such powers
4		and functions may not be exercised concurrently, either
5		directly or indirectly, by any unit of local government,
6		including any home rule unit, except as otherwise authorized by
7		this Act.
8		(Source: P.A. 83-1012.)

9		Section 10-55. The State Employees Group Insurance Act of
10		1971 is amended by changing Section 5 as follows:
11		(5 ILCS 375/5) (from Ch. 127, par. 525)
12		Sec. 5. Employee benefits; declaration of State policy.
13		The General Assembly declares that it is the policy of the
14		State and in the best interest of the State to assure quality
15		benefits to members and their dependents under this Act. The
16		implementation of this policy depends upon, among other things,
17		stability and continuity of coverage, care, and services under
18		benefit programs for members and their dependents.
19		Specifically, but without limitation, members should have
20		continued access, on substantially similar terms and
21		conditions, to trusted family health care providers with whom
22		they have developed long-term relationships through a benefit
23		program under this Act. Therefore, the Director must administer
24		this Act consistent with that State policy, but may consider
25		affordability, cost of coverage and care, and competition among
26		health insurers and providers. All contracts for provision of
27		employee benefits, including those portions of any proposed
28		collective bargaining agreement that would require
29		implementation through contracts entered into under this Act,
30		are subject to the following requirements:
31		(i) By April 1 of each year, the Director must report
32		and provide information to the Commission concerning the
33		status of the employee benefits program to be offered for
34		the next fiscal year. Information includes, but is not

1		limited to, documents, reports of negotiations, bid
2		invitations, requests for proposals, specifications,
3		copies of proposed and final contracts or agreements, and
4		any other materials concerning contracts or agreements for
5		the employee benefits program. By the first of each month
6		thereafter, the Director must provide updated, and any new,
7		information to the Commission until the employee benefits
8		program for the next fiscal year is determined. In addition
9		to these monthly reporting requirements, at any time the
10		Commission makes a written request, the Director must
11		promptly, but in no event later than 5 business days after
12		receipt of the request, provide to the Commission any
13		additional requested information in the possession of the
14		Director concerning employee benefits programs. The
15		Commission may waive any of the reporting requirements of
16		this item (i) upon the written request by the Director. Any
17		waiver granted under this item (i) must be in writing.
18		Nothing in this item is intended to abrogate any
19		attorney-client privilege.
20		(ii) Within 30 days after notice of the awarding or
21		letting of a contract has appeared in the Illinois
22		Procurement Bulletin in accordance with subsection (b) of
23		Section 15-25 of the Illinois Procurement Code, the
24		Commission may request in writing from the Director and the
25		Director shall promptly, but in no event later than 5
26		business days after receipt of the request, provide to the
27		Commission information in the possession of the Director
28		concerning the proposed contract. Nothing in this item is
29		intended to waive or abrogate any privilege or right of
30		confidentiality authorized by law.
31		(iii) No contract subject to this Section may be
32		entered into until the 30-day period described in item (ii)
33		has expired, unless the Director requests in writing that
34		the Commission waive the period and the Commission grants
35		the waiver in writing.
36		(iv) If the Director seeks to make any substantive

1		modification to any provision of a proposed contract after
2		it is submitted to the Commission in accordance with item
3		(ii), the modified contract shall be subject to the
4		requirements of items (ii) and (iii) unless the Commission
5		agrees, in writing, to a waiver of those requirements with
6		respect to the modified contract.
7		(v) By the date of the beginning of the annual benefit
8		choice period, the Director must transmit to the Commission
9		a copy of each final contract or agreement for the employee
10		benefits program to be offered for the next fiscal year.
11		The annual benefit choice period for an employee benefits
12		program must begin on May 1 of the fiscal year preceding
13		the year for which the program is to be offered. If,
14		however, in any such preceding fiscal year collective
15		bargaining over employee benefit programs for the next
16		fiscal year remains pending on April 15, the beginning date
17		of the annual benefit choice period shall be not later than
18		15 days after ratification of the collective bargaining
19		agreement.
20		(vi) The Director must provide the reports,
21		information, and contracts required under items (i), (ii),
22		(iv), and (v) by electronic or other means satisfactory to
23		the Commission. Reports, information, and contracts in the
24		possession of the Commission pursuant to items (i), (ii),
25		(iv), and (v) are exempt from disclosure by the Commission
26		and its members and employees under the Freedom of
27		Information Act. Reports, information, and contracts
28		received by the Commission pursuant to items (i), (ii),
29		(iv), and (v) must be kept confidential by and may not be
30		disclosed or used by the Commission or its members or
31		employees if such disclosure or use could compromise the
32		fairness or integrity of the procurement, bidding, or
33		contract process. Commission meetings, or portions of
34		Commission meetings, in which reports, information, and
35		contracts received by the Commission pursuant to items (i),
36		(ii), (iv), and (v) are discussed must be closed if

1		disclosure or use of the report or information could
2		compromise the fairness or integrity of the procurement,
3		bidding, or contract process.
4		All contracts entered into under this Section are subject
5		to appropriation and shall comply with Section 20-60(b) of the
6		Illinois Procurement Code (30 ILCS 500/20-60(b)).
7		The Director shall contract or otherwise make available
8		group life insurance, health benefits and other employee
9		benefits to eligible members and, where elected, their eligible
10		dependents. Any contract or, if applicable, contracts or other
11		arrangement for provision of benefits shall be on terms
12		consistent with State policy and deemed by the Director to be
13		in the best interest of the State of Illinois and its members
14		based on, but not limited to, such criteria as administrative
15		cost, service capabilities of the carrier or other contractor
16		and premiums, fees or charges as related to benefits.
17		The Director may prepare and issue specifications for group
18		life insurance, health benefits, other employee benefits and
19		administrative services for the purpose of receiving proposals
20		from interested parties.
21		The Director is authorized to execute a contract, or
22		contracts, for the programs of group life insurance, health
23		benefits, other employee benefits and administrative services
24		authorized by this Act (including, without limitation,
25		prescription drug benefits). All of the benefits provided under
26		this Act may be included in one or more contracts, or the
27		benefits may be classified into different types with each type
28		included under one or more similar contracts with the same or
29		different companies.
30		The term of any contract may not extend beyond 5 fiscal
31		years. Upon recommendation of the Commission, the Director may
32		exercise renewal options of the same contract for up to a
33		period of 5 years. Any increases in premiums, fees or charges
34		requested by a contractor whose contract may be renewed
35		pursuant to a renewal option contained therein, must be
36		justified on the basis of (1) audited experience data, (2)

1		increases in the costs of health care services provided under
2		the contract, (3) contractor performance, (4) increases in
3		contractor responsibilities, or (5) any combination thereof.
4		Any contractor shall agree to abide by all requirements of
5		this Act and Rules and Regulations promulgated and adopted
6		thereto; to submit such information and data as may from time
7		to time be deemed necessary by the Director for effective
8		administration of the provisions of this Act and the programs
9		established hereunder, and to fully cooperate in any audit.
10		(Source: P.A. 91-390, eff. 7-30-99.)

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

1		reflect all of the acts and transactions of the Cooperative and
2		shall make this information public. The financial books and
3		records of the Cooperative shall be audited by a certified
4		public accountant at least once each fiscal year and at other
5		times as designated by the Director. The expense of the audit
6		shall be the responsibility of the Cooperative. Copies of the
7		audit shall be provided to all members of the Cooperative, to
8		the Department, and to other requesting members of the
9		aquaculture industry.
10		(b) The grants to an Aquaculture Cooperative and the
11		proceeds generated by the Cooperative may be used for the
12		following purposes:
13		(1) To buy aquatic organisms from members of the
14		Cooperative.
15		(2) To buy aquatic organism food in bulk quantities for
16		resale to the members of the Cooperative.
17		(3) For transportation, hauling, and delivery
18		equipment.
19		(4) For employee salaries, building leases, and other
20		administrative costs.
21		(5) To purchase equipment for use by the Cooperative
22		members.
23		(6) Any other related costs.
24		(c) The Illinois Aquaculture Development Fund is abolished
25		on August 31, 2004. Any balance remaining in the Fund on that
26		date shall be transferred to the General Revenue Fund. The
27		Department shall submit a report to the General Assembly before
28		January 1, 2009 with a determination of whether the funding for
29		the Aquaculture Cooperative should be extended beyond June 30,
30		2009. If the Department recommends an extension of the funding
31		for the Cooperative, then the report shall detail whether the
32		Cooperative funding should be increased, decreased, or
33		eliminated. The report shall be submitted according to Section
34		5-140 of the Illinois Administrative Procedure Act.
35		(d) This Section is repealed on June 30, 2009.
36		(Source: P.A. 91-530, eff. 8-13-99.)

1		Section 10-60. The Department of Central Management
2		Services Law of the Civil Administrative Code of Illinois is
3		amended by changing Sections 405-105, 405-315, and 405-410 and
4		by adding Sections 405-293, 405-411, and 405-415 as follows:
5		(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
6		Sec. 405-105. Fidelity, surety, property, and casualty
7		insurance. The Department shall establish and implement a
8		program to coordinate the handling of all fidelity, surety,
9		property, and casualty insurance exposures of the State and the
10		departments, divisions, agencies, branches, and universities
11		of the State. In performing this responsibility, the Department
12		shall have the power and duty to do the following:
13		(1) Develop and maintain loss and exposure data on all
14		State property.
15		(2) Study the feasibility of establishing a self-insurance
16		plan for State property and prepare estimates of the costs of
17		reinsurance for risks beyond the realistic limits of the
18		self-insurance.
19		(3) Prepare a plan for centralizing the purchase of
20		property and casualty insurance on State property under a
21		master policy or policies and purchase the insurance contracted
22		for as provided in the Illinois Purchasing Act.
23		(4) Evaluate existing provisions for fidelity bonds
24		required of State employees and recommend changes that are
25		appropriate commensurate with risk experience and the
26		determinations respecting self-insurance or reinsurance so as
27		to permit reduction of costs without loss of coverage.
28		(5) Investigate procedures for inclusion of school
29		districts, public community college districts, and other units
30		of local government in programs for the centralized purchase of
31		insurance.
32		(6) Implement recommendations of the State Property
33		Insurance Study Commission that the Department finds necessary
34		or desirable in the performance of its powers and duties under

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

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

1		duty. Modified duty shall be duties assigned that may or may
2		not be delineated as part of the duties regularly performed by
3		the employee. Modified duties shall be assigned within the
4		prescribed restrictions established by the treating physician
5		and the physician who performed the independent medical
6		examination. The amount of all reimbursements shall be
7		deposited into the Workers' Compensation Revolving Fund which
8		is hereby created as a revolving special fund in the State
9		treasury. In addition to any other purpose authorized by law,
10		moneys Moneys in the Fund shall be used, subject to
11		appropriation, to pay these or other temporary total disability
12		claims of employees of State agencies and universities.
13		Beginning with fiscal year 1996, all amounts recovered by
14		the Department through subrogation in workers' compensation
15		and workers' occupational disease cases shall be deposited into
16		the Workers' Compensation Revolving Fund created under this
17		subdivision (9).
18		(10) Establish rules, procedures, and forms to be used by
19		State agencies in the administration and payment of workers'
20		compensation claims. The Department shall initially evaluate
21		and determine the compensability of any injury that is the
22		subject of a workers' compensation claim and provide for the
23		administration and payment of such a claim for all State
24		agencies. The Director may delegate to any agency with the
25		agreement of the agency head the responsibility for evaluation,
26		administration, and payment of that agency's claims.
27		(11) Any plan for public liability self-insurance
28		implemented under this Section shall provide that (i) the
29		Department shall attempt to settle and may settle any public
30		liability claim filed against the State of Illinois or any
31		public liability claim filed against a State employee on the
32		basis of an occurrence in the course of the employee's State
33		employment; (ii) any settlement of such a claim must be
34		approved by the Director and, in cases of settlements exceeding
35		$100,000, by the Governor; and (iii) a settlement of any public
36		liability claim against the State or a State employee shall

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

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

1		shall an amount in excess of $150,000 be paid from this plan to
2		or for the benefit of any claimant.
3		Nothing in Public Act 84-961 shall be construed to affect
4		in any manner the jurisdiction of the Court of Claims
5		concerning wage claims made against the State of Illinois.
6		(14) Prepare and, in the discretion of the Director,
7		implement a program for self-insurance for official fidelity
8		and surety bonds for officers and employees as authorized by
9		the Official Bond Act.
10		(Source: P.A. 91-239, eff. 1-1-00.)
11		(20 ILCS 405/405-293 new)
12		Sec. 405-293. Professional Services.
13		(a) The Department of Central Management Services (the
14		"Department") is responsible for providing professional
15		services for or on behalf of State agencies for all functions
16		transferred to the Department by Executive Order No. 2003-10
17		(as modified by Section 5.5 of the Executive Reorganization
18		Implementation Act) and may, with the approval of the Governor,
19		provide additional services to or on behalf of State agencies.
20		To the extent not compensated by direct fund transfers, the
21		Department shall be reimbursed from each State agency receiving
22		the benefit of these services. The reimbursement shall be
23		determined by the Director of Central Management Services as
24		the amount required to reimburse the Professional Services Fund
25		for the Department's costs of rendering the professional
26		services on behalf of that State agency.
27		(b) For the purposes of this Section, "State agency" means
28		each State agency, department, board, and commission directly
29		responsible to the Governor. "Professional services" means
30		legal services, internal audit services, and other services as
31		approved by the Governor.
32		(20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
33		Sec. 405-315. Management of State buildings; security
34		force; fees.

1		(a) To manage, operate, maintain, and preserve from waste
2		the State buildings, facilities, structures, grounds, or other
3		real property transferred to the Department under Section
4		405-415, including, without limitation, the State buildings
5		listed below. The Department may rent portions of these and
6		other State buildings when in the judgment of the Director
7		those leases or subleases will be in the best interests of the
8		State. The leases or subleases shall not exceed 5 years unless
9		a greater term is specifically authorized.
10		a. Peoria Regional Office Building
11		5415 North University
12		Peoria, Illinois 61614
13		b. Springfield Regional Office Building
14		4500 South 6th Street
15		Springfield, Illinois 62703
16		c. Champaign Regional Office Building
17		2125 South 1st Street
18		Champaign, Illinois 61820
19		d. Illinois State Armory Building
20		124 East Adams
21		Springfield, Illinois 62706
22		e. Marion Regional Office Building
23		2209 West Main Street
24		Marion, Illinois 62959
25		f. Kenneth Hall Regional State Office
26		Building
27		#10 Collinsville Avenue
28		East St. Louis, Illinois 62201
29		g. Rockford Regional Office Building
30		4402 North Main Street
31		P.O. Box 915
32		Rockford, Illinois 61105
33		h. State of Illinois Building
34		160 North LaSalle
35		Chicago, Illinois 60601
36		i. Office and Laboratory Building

1		2121 West Taylor Street
2		Chicago, Illinois 60602
3		j. Central Computer Facility
4		201 West Adams
5		Springfield, Illinois 62706
6		k. Elgin Office Building
7		595 South State Street
8		Elgin, Illinois 60120
9		l. James R. Thompson Center
10		Bounded by Lake, Clark, Randolph and
11		LaSalle Streets
12		Chicago, Illinois
13		m. The following buildings located within the Chicago
14		Medical Center District:
15		1. Lawndale Day Care Center
16		2929 West 19th Street
17		2. Edwards Center
18		2020 Roosevelt Road
19		3. Illinois Center for
20		Rehabilitation and Education
21		1950 West Roosevelt Road and 1151 South Wood Street
22		4. Department of Children and
23		Family Services District Office
24		1026 South Damen
25		5. The William Heally School
26		1731 West Taylor
27		6. Administrative Office Building
28		1100 South Paulina Street
29		7. Metro Children and Adolescents Center
30		1601 West Taylor Street
31		n. E.J. "Zeke" Giorgi Center
32		200 Wyman Street
33		Rockford, Illinois
34		o. Suburban North Facility
35		9511 Harrison
36		Des Plaines, Illinois

1		p. The following buildings located within the Revenue
2		Center in Springfield:
3		1. State Property Control Warehouse
4		11th & Ash
5		2. Illinois State Museum Research & Collections
6		Center
7		1011 East Ash Street
8		q. Effingham Regional Office Building
9		401 Industrial Drive
10		Effingham, Illinois
11		r. The Communications Center
12		120 West Jefferson
13		Springfield, Illinois
14		s. Portions or all of the basement and
15		ground floor of the
16		State of Illinois Building
17		160 North LaSalle
18		Chicago, Illinois 60601
19		may be leased or subleased to persons, firms, partnerships,
20		associations, or individuals for terms not to exceed 15 years
21		when in the judgment of the Director those leases or subleases
22		will be in the best interests of the State.
23		Portions or all of the commercial space, which includes the
24		sub-basement, storage mezzanine, concourse, and ground and
25		second floors of the
26		James R. Thompson Center
27		Bounded by Lake, Clark, Randolph and LaSalle Streets
28		Chicago, Illinois
29		may be leased or subleased to persons, firms, partnerships,
30		associations, or individuals for terms not to exceed 15 years
31		subject to renewals when in the judgment of the Director those
32		leases or subleases will be in the best interests of the State.
33		The Director is authorized to rent portions of the above
34		described facilities to persons, firms, partnerships,
35		associations, or individuals for terms not to exceed 30 days
36		when those leases or subleases will not interfere with State

1		usage of the facility. This authority is meant to supplement
2		and shall not in any way be interpreted to restrict the
3		Director's ability to make portions of the State of Illinois
4		Building and the James R. Thompson Center available for
5		long-term commercial leases or subleases.
6		Provided however, that all rentals or fees charged to
7		persons, firms, partnerships, associations, or individuals for
8		any lease or use of space in the above described facilities
9		made for terms not to exceed 30 days in length shall be
10		deposited in a special fund in the State treasury to be known
11		as the Special Events Revolving Fund.
12		Notwithstanding the provisions above, the Department of
13		Children and Family Services and the Department of Human
14		Services (as successor to the Department of Rehabilitation
15		Services and the Department of Mental Health and Developmental
16		Disabilities) shall determine the allocation of space for
17		direct recipient care in their respective facilities. The
18		Department of Central Management Services shall consult with
19		the affected agency in the allocation and lease of surplus
20		space in these facilities. Potential lease arrangements shall
21		not endanger the direct recipient care responsibilities in
22		these facilities.
23		(b) To appoint, subject to the Personnel Code, persons to
24		be members of a police and security force. Members of the
25		security force shall be peace officers when performing duties
26		pursuant to this Section and as such shall have all of the
27		powers possessed by policemen in cities and sheriffs, including
28		the power to make arrests on view or issue citations for
29		violations of State statutes or city or county ordinances,
30		except that in counties of more than 1,000,000 population, any
31		powers created by this subsection shall be exercised only (i)
32		when necessary to protect the property, personnel, or interests
33		of the Department or any State agency for whom the Department
34		manages, operates, or maintains property or (ii) when
35		specifically requested by appropriate State or local law
36		enforcement officials, and except that within counties of

1		1,000,000 or less population, these powers shall be exercised
2		only when necessary to protect the property, personnel, or
3		interests of the State of Illinois and only while on property
4		managed, operated, or maintained by the Department.
5		Nothing in this subsection shall be construed so as to make
6		it conflict with any provisions of, or rules promulgated under,
7		the Personnel Code.
8		(c) To charge reasonable fees for the lease, rental, use,
9		or occupancy of to all State agencies utilizing facilities
10		managed, operated, or maintained by the Department for
11		occupancy related fees and charges. Except as provided in
12		subsection (a) regarding amounts to be deposited into the
13		Special Events Revolving Fund, all moneys All fees collected
14		under this subsection shall be deposited in a revolving special
15		fund in the State treasury known as the Facilities Management
16		Revolving Fund. As used in this subsection, the term "State
17		agencies" means all departments, officers, commissions,
18		institutions, boards, and bodies politic and corporate of the
19		State.
20		(d) Provisions of this Section relating to the James R.
21		Thompson Center are subject to the provisions of Section 7.4 of
22		the State Property Control Act.
23		(Source: P.A. 92-302, eff. 8-9-01; 93-19, eff. 6-20-03.)
24		(20 ILCS 405/405-410)
25		Sec. 405-410. Transfer of Information Technology
26		functions.
27		(a) Notwithstanding any other law to the contrary, on or
28		before June 30, 2004, the Director of Central Management
29		Services, working in cooperation with the Director of any other
30		agency, department, board, or commission directly responsible
31		to the Governor, may direct the transfer, to the Department of
32		Central Management Services, of those information technology
33		functions at that agency, department, board, or commission that
34		are suitable for centralization.
35		Upon receipt of the written direction to transfer

1		information technology functions to the Department of Central
2		Management Services, the personnel, equipment, and property
3		(both real and personal) directly relating to the transferred
4		functions shall be transferred to the Department of Central
5		Management Services, and the relevant documents, records, and
6		correspondence shall be transferred or copied, as the Director
7		may prescribe.
8		(b) Upon receiving written direction from the Director of
9		Central Management Services, the Comptroller and Treasurer are
10		authorized to transfer the unexpended balance of any
11		appropriations related to the information technology functions
12		transferred to the Department of Central Management Services
13		and shall make the necessary fund transfers from any special
14		fund in the State Treasury or from any other federal or State
15		trust fund held by the Treasurer to the General Revenue Fund
16		for use by the Department of Central Management Services in
17		support of information technology functions or any other
18		related costs or expenses of the Department of Central
19		Management Services.
20		(c) The rights of employees and the State and its agencies
21		under the Personnel Code and applicable collective bargaining
22		agreements or under any pension, retirement, or annuity plan
23		shall not be affected by any transfer under this Section.
24		(d) The functions transferred to the Department of Central
25		Management Services by this Section shall be vested in and
26		shall be exercised by the Department of Central Management
27		Services. Each act done in the exercise of those functions
28		shall have the same legal effect as if done by the agencies,
29		offices, divisions, departments, bureaus, boards and
30		commissions from which they were transferred.
31		Every person or other entity shall be subject to the same
32		obligations and duties and any penalties, civil or criminal,
33		arising therefrom, and shall have the same rights arising from
34		the exercise of such rights, powers, and duties as had been
35		exercised by the agencies, offices, divisions, departments,
36		bureaus, boards, and commissions from which they were

1		transferred.
2		Whenever reports or notices are now required to be made or
3		given or papers or documents furnished or served by any person
4		in regards to the functions transferred to or upon the
5		agencies, offices, divisions, departments, bureaus, boards,
6		and commissions from which the functions were transferred, the
7		same shall be made, given, furnished or served in the same
8		manner to or upon the Department of Central Management
9		Services.
10		This Section does not affect any act done, ratified, or
11		cancelled or any right occurring or established or any action
12		or proceeding had or commenced in an administrative, civil, or
13		criminal cause regarding the functions transferred, but those
14		proceedings may be continued by the Department of Central
15		Management Services.
16		This Section does not affect the legality of any rules in
17		the Illinois Administrative Code regarding the functions
18		transferred in this Section that are in force on the effective
19		date of this Section. If necessary, however, the affected
20		agencies shall propose, adopt, or repeal rules, rule
21		amendments, and rule recodifications as appropriate to
22		effectuate this Section.
23		(Source: P.A. 93-25, eff. 6-20-03.)
24		(20 ILCS 405/405-411 new)
25		Sec. 405-411. Consolidation of workers' compensation
26		functions.
27		(a) Notwithstanding any other law to the contrary, the
28		Director of Central Management Services, working in
29		cooperation with the Director of any other agency, department,
30		board, or commission directly responsible to the Governor, may
31		direct the consolidation, within the Department of Central
32		Management Services, of those workers' compensation functions
33		at that agency, department, board, or commission that are
34		suitable for centralization.
35		Upon receipt of the written direction to transfer workers'

1		compensation functions to the Department of Central Management
2		Services, the personnel, equipment, and property (both real and
3		personal) directly relating to the transferred functions shall
4		be transferred to the Department of Central Management
5		Services, and the relevant documents, records, and
6		correspondence shall be transferred or copied, as the Director
7		may prescribe.
8		(b) Upon receiving written direction from the Director of
9		Central Management Services, the Comptroller and Treasurer are
10		authorized to transfer the unexpended balance of any
11		appropriations related to the workers' compensation functions
12		transferred to the Department of Central Management Services
13		and shall make the necessary fund transfers from the General
14		Revenue Fund, any special fund in the State treasury, or any
15		other federal or State trust fund held by the Treasurer to the
16		Workers' Compensation Revolving Fund for use by the Department
17		of Central Management Services in support of workers'
18		compensation functions or any other related costs or expenses
19		of the Department of Central Management Services.
20		(c) The rights of employees and the State and its agencies
21		under the Personnel Code and applicable collective bargaining
22		agreements or under any pension, retirement, or annuity plan
23		shall not be affected by any transfer under this Section.
24		(d) The functions transferred to the Department of Central
25		Management Services by this Section shall be vested in and
26		shall be exercised by the Department of Central Management
27		Services. Each act done in the exercise of those functions
28		shall have the same legal effect as if done by the agencies,
29		offices, divisions, departments, bureaus, boards and
30		commissions from which they were transferred.
31		Every person or other entity shall be subject to the same
32		obligations and duties and any penalties, civil or criminal,
33		arising therefrom, and shall have the same rights arising from
34		the exercise of such rights, powers, and duties as had been
35		exercised by the agencies, offices, divisions, departments,
36		bureaus, boards, and commissions from which they were

1		transferred.
2		Whenever reports or notices are now required to be made or
3		given or papers or documents furnished or served by any person
4		in regards to the functions transferred to or upon the
5		agencies, offices, divisions, departments, bureaus, boards,
6		and commissions from which the functions were transferred, the
7		same shall be made, given, furnished or served in the same
8		manner to or upon the Department of Central Management
9		Services.
10		This Section does not affect any act done, ratified, or
11		cancelled or any right occurring or established or any action
12		or proceeding had or commenced in an administrative, civil, or
13		criminal cause regarding the functions transferred, but those
14		proceedings may be continued by the Department of Central
15		Management Services.
16		This Section does not affect the legality of any rules in
17		the Illinois Administrative Code regarding the functions
18		transferred in this Section that are in force on the effective
19		date of this Section. If necessary, however, the affected
20		agencies shall propose, adopt, or repeal rules, rule
21		amendments, and rule recodifications as appropriate to
22		effectuate this Section.
23		(20 ILCS 405/405-415 new)
24		Sec. 405-415. Transfer of facilities and facility
25		management functions.
26		(a) Notwithstanding any other law to the contrary, the
27		Director of Central Management Services may direct the
28		transfer, to the Department of Central Management Services, of
29		those facilities and facility management functions authorized
30		to be transferred under Executive Order 10 (2003). Upon receipt
31		of the written direction to transfer facilities or facility
32		management functions to the Department of Central Management
33		Services, the personnel, equipment, and property (both real and
34		personal) directly relating to the transferred functions shall
35		be transferred to the Department of Central Management

1		Services, and the relevant documents, records, and
2		correspondence shall be transferred or copied, as the Director
3		may prescribe.
4		(b) Upon receiving written direction from the Director of
5		Central Management Services, the Comptroller and Treasurer are
6		authorized to transfer the unexpended balance of any
7		appropriations related to the facilities or facility
8		management functions transferred to the Department of Central
9		Management Services and shall make the necessary fund transfers
10		from the General Revenue Fund, any special fund in the State
11		Treasury, or any other federal or State trust fund held by the
12		Treasurer to the Facilities Management Revolving Fund for use
13		by the Department of Central Management Services in support of
14		facilities and facility management functions or any other
15		related costs or expenses of the Department of Central
16		Management Services.
17		(c) The Department may adopt rules establishing standards
18		for the maintenance, management, operations, and occupancy of
19		State facilities and the disposition of excess State facilities
20		that are subject to the transfer of ownership and control
21		authorized by Executive Order 10 (2003) and this Section,
22		regardless of whether the Department has actually exercised its
23		rights of ownership and control.

24		Section 10-65. The Personnel Code is amended by adding
25		Section 12f as follows:
26		(20 ILCS 415/12f new)
27		Sec. 12f. Merit compensation/salary grade employees;
28		layoffs.
29		(a) Each State agency shall make every attempt to minimize
30		the number of its employees that are laid off. In an effort to
31		minimize layoffs, each merit compensation/salary grade
32		employee who is subject to layoff shall be offered any vacant
33		positions for the same title held by that employee within the
34		same agency and county from which the employee is subject to

1		layoff and within 2 additional alternate counties designated by
2		the employee (or 3 additional counties if the employee's
3		facility or office is closing), excluding titles that are
4		subject to collective bargaining. If no such vacancies exist,
5		then the employee shall be placed on the agency's reemployment
6		list for (i) the title from which the employee was laid off and
7		(ii) any other titles or successor titles previously held by
8		that employee in which the employee held certified status
9		within the county from which the employee was laid off and
10		within 2 additional alternate counties designated by the
11		employee (or 3 additional counties if the employee's facility
12		or office is closing), excluding titles that are subject to
13		collective bargaining. Laid-off employees shall remain on a
14		reemployment list for 3 years, commencing with the date of
15		layoff.
16		(b) Merit compensation/salary grade employees who are laid
17		off shall be extended the same medical and dental insurance
18		benefits to which employees laid off from positions subject to
19		collective bargaining are entitled and on the same terms.
20		(c) Employees laid off from merit compensation/salary
21		grade positions may apply to be qualified for any titles
22		subject to collective bargaining.
23		(d) Merit compensation/salary grade employees subject to
24		layoff shall be given 30 days' notice of the layoff. A list of
25		all current vacancies of all titles within the agency shall be
26		provided to the employee with the notice of the layoff.

27		Section 10-70. The Department of Commerce and Economic
28		Opportunity Law of the Civil Administrative Code of Illinois is
29		amended by changing Section 605-365 as follows:
30		(20 ILCS 605/605-365) (was 20 ILCS 605/46.19a in part)
31		(Section scheduled to be repealed on September 1, 2004)
32		Sec. 605-365. Technology Innovation and Commercialization
33		Fund. There is hereby created a special fund in the State
34		treasury to be known as the Technology Innovation and

1		Commercialization Fund. The moneys in the Fund may be used,
2		subject to appropriation, only for making grants pursuant to
3		Section 605-355 and for the purposes of the Technology
4		Advancement and Development Act. All royalties received by the
5		Department shall be deposited into the Fund.
6		The Technology Innovation and Commercialization Fund is
7		abolished on August 31, 2004. Any balance remaining in the Fund
8		on that date shall be transferred to the General Revenue Fund.
9		This Section is repealed on September 1, 2004.
10		(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)

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

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

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

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

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

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

25		Section 10-90. The Fiscal Note Act is amended by changing
26		Section 1 as follows:
27		(25 ILCS 50/1) (from Ch. 63, par. 42.31)
28		Sec. 1. Every bill, except those bills making a direct
29		appropriation, (1) the purpose or effect of which is (i) to
30		expend any State funds or to increase or decrease the revenues
31		of the State, either directly or indirectly, or (ii) to require
32		the expenditure of their own funds by, or to increase or
33		decrease the revenues of, units of local government, school
34		districts or community college districts, or to revise the

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

1		(Source: P.A. 92-567, eff. 1-1-03; revised 8-23-03.)

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

24		Section 10-100. The State Finance Act is amended by
25		changing Sections 6z-32, 8g, 8h, 8.3, 8.12, 9, 13.2, 14, and 25
26		and by adding Sections 5.625, 6z-27.1, 6z-63, 6z-64, 6z-65, 8k,
27		8m, 8.43, 14c, and 24.11 as follows:
28		(30 ILCS 105/5.625 new)
29		Sec. 5.625. The Professional Services Fund.
30		(30 ILCS 105/6z-27.1 new)
31		Sec. 6z-27.1. Transfer from Efficiency Initiative Fund.

1		The sum of $750,000 is ordered transferred from the Efficiency
2		Initiative Fund to the Comptroller's Administrative Fund to
3		reimburse the Comptroller's office for costs and expenses
4		incurred by that office in relation to efficiency initiatives
5		and agency consolidation, reorganization, and restructuring
6		pursuant to Section 405-292 of the Department of Central
7		Management Services Law of the Civil Administrative Code of
8		Illinois (20 ILCS 405/405-292).
9		(30 ILCS 105/6z-32)
10		Sec. 6z-32. Conservation 2000.
11		(a) The Conservation 2000 Fund and the Conservation 2000
12		Projects Fund are created as special funds in the State
13		Treasury. These funds shall be used to establish a
14		comprehensive program to protect Illinois' natural resources
15		through cooperative partnerships between State government and
16		public and private landowners. Moneys in these Funds may be
17		used, subject to appropriation, by the Environmental
18		Protection Agency and the Departments of Agriculture, Natural
19		Resources, and Transportation for purposes relating to natural
20		resource protection, recreation, tourism, and compatible
21		agricultural and economic development activities. Without
22		limiting these general purposes, moneys in these Funds may be
23		used, subject to appropriation, for the following specific
24		purposes:
25		(1) To foster sustainable agriculture practices and
26		control soil erosion and sedimentation, including grants
27		to Soil and Water Conservation Districts for conservation
28		practice cost-share grants and for personnel, educational,
29		and administrative expenses.
30		(2) To establish and protect a system of ecosystems in
31		public and private ownership through conservation
32		easements, incentives to public and private landowners,
33		including technical assistance and grants, and land
34		acquisition provided these mechanisms are all voluntary on
35		the part of the landowner and do not involve the use of

1		eminent domain.
2		(3) To develop a systematic and long-term program to
3		effectively measure and monitor natural resources and
4		ecological conditions through investments in technology
5		and involvement of scientific experts.
6		(4) To initiate strategies to enhance, use, and
7		maintain Illinois' inland lakes through education,
8		technical assistance, research, and financial incentives.
9		(5) To conduct an extensive review of existing Illinois
10		water laws.
11		(b) The State Comptroller and State Treasurer shall
12		automatically transfer on the last day of each month, beginning
13		on September 30, 1995 and ending on June 30, 2009, from the
14		General Revenue Fund to the Conservation 2000 Fund, an amount
15		equal to 1/10 of the amount set forth below in fiscal year 1996
16		and an amount equal to 1/12 of the amount set forth below in
17		each of the other specified fiscal years:
27		(c) There shall be deposited into the Conservation 2000
28		Projects Fund such bond proceeds and other moneys as may, from
29		time to time, be provided by law.
30		(Source: P.A. 90-14, eff. 7-1-97; 90-490, eff. 8-17-97; 91-379,
31		eff. 1-1-00.)
32		(30 ILCS 105/6z-63 new)
33		Sec. 6z-63. The Professional Services Fund.
34		(a) The Professional Services Fund is created as a
35		revolving fund in the State treasury. The following moneys

1		shall be deposited into the Fund:
2		(1) amounts authorized for transfer to the Fund from
3		the General Revenue Fund and other State funds (except for
4		funds classified by the Comptroller as federal trust funds
5		or State trust funds) pursuant to State law or Executive
6		Order;
7		(2) federal funds received by the Department of Central
8		Management Services (the "Department") as a result of
9		expenditures from the Fund;
10		(3) interest earned on moneys in the Fund; and
11		(4) receipts or inter-fund transfers resulting from
12		billings issued by the Department to State agencies for the
13		cost of professional services rendered by the Department
14		that are not compensated through the specific fund
15		transfers authorized by this Section.
16		(b) Moneys in the Fund may be used by the Department for
17		reimbursement or payment for:
18		(1) providing professional services to State agencies;
19		(2) rendering other services at the Governor's
20		direction to State agencies; or
21		(3) providing for payment of administrative and other
22		expenses incurred by the Department in providing
23		professional services.
24		(c) State agencies may direct the Comptroller to process
25		inter-fund transfers or make payment through the voucher and
26		warrant process to the Professional Services Fund in
27		satisfaction of billings issued under subsection (a) of this
28		Section.
29		(d) Reconciliation. The Director of Central Management
30		Services (the "Director") shall order that each State agency's
31		payments and transfers made to the Fund be reconciled with
32		actual Fund costs for professional services provided by the
33		Department on no less than an annual basis. The Director may
34		require reports from State agencies as deemed necessary to
35		perform this reconciliation.
36		(e) The following amounts are authorized for transfer into

1		the Professional Services Fund for the fiscal year beginning
2		July 1, 2004:
3		General Revenue Fund...............................$5,440,431
4		Road Fund............................................$814,468
5		Motor Fuel Tax Fund..................................$263,500
6		Child Support Administrative Fund....................$234,013
7		Professions Indirect Cost Fund.......................$276,800
8		Capital Development Board Revolving Fund.............$207,610
9		Bank & Trust Company Fund............................$200,214
10		State Lottery Fund...................................$193,691
11		Insurance Producer Administration Fund...............$174,672
12		Insurance Financial Regulation Fund..................$168,327
13		Illinois Clean Water Fund............................$124,675
14		Clean Air Act (CAA) Permit Fund.......................$91,803
15		Statistical Services Revolving Fund...................$90,959
16		Financial Institution Fund...........................$109,428
17		Horse Racing Fund.....................................$71,127
18		Health Insurance Reserve Fund.........................$66,577
19		Solid Waste Management Fund...........................$61,081
20		Guardianship and Advocacy Fund.........................$1,068
21		Agricultural Premium Fund................................$493
22		Wildlife and Fish Fund...................................$247
23		Radiation Protection Fund.............................$33,277
24		Nuclear Safety Emergency Preparedness Fund............$25,652
25		Tourism Promotion Fund.................................$6,814
26		All of these transfers shall be made on July 1, 2004, or as
27		soon thereafter as practical. These transfers shall be made
28		notwithstanding any other provision of State law to the
29		contrary.
30		(f) The term "professional services" means services
31		rendered on behalf of State agencies pursuant to Section
32		405-293 of the Department of Central Management Services Law of
33		the Civil Administrative Code of Illinois.
34		(30 ILCS 105/6z-64 new)
35		Sec. 6z-64. The Workers' Compensation Revolving Fund.

1		(a) The Workers' Compensation Revolving Fund is created as
2		a revolving fund in the State treasury. The following moneys
3		shall be deposited into the Fund:
4		(1) amounts authorized for transfer to the Fund from
5		the General Revenue Fund and other State funds (except for
6		funds classified by the Comptroller as federal trust funds
7		or State trust funds) pursuant to State law or Executive
8		Order;
9		(2) federal funds received by the Department of Central
10		Management Services (the "Department") as a result of
11		expenditures from the Fund;
12		(3) interest earned on moneys in the Fund;
13		(4) receipts or inter-fund transfers resulting from
14		billings issued by the Department to State agencies for the
15		cost of workers' compensation services rendered by the
16		Department that are not compensated through the specific
17		fund transfers authorized by this Section, if any;
18		(5) amounts received from a State agency or university
19		for workers' compensation payments for temporary total
20		disability, as provided in Section 405-105 of the
21		Department of Central Management Services Law of the Civil
22		Administrative Code of Illinois; and
23		(6) amounts recovered through subrogation in workers'
24		compensation and workers' occupational disease cases.
25		(b) Moneys in the Fund may be used by the Department for
26		reimbursement or payment for:
27		(1) providing workers' compensation services to State
28		agencies and State universities; or
29		(2) providing for payment of administrative and other
30		expenses incurred by the Department in providing workers'
31		compensation 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 Workers' Compensation Revolving Fund in
35		satisfaction of billings issued under subsection (a) of this
36		Section.

1		(d) Reconciliation. The Director of Central Management
2		Services (the "Director") shall order that each State agency's
3		payments and transfers made to the Fund be reconciled with
4		actual Fund costs for workers' compensation services provided
5		by the Department and attributable to the State agency and
6		relevant fund on no less than an annual basis. The Director may
7		require reports from State agencies as deemed necessary to
8		perform this reconciliation.
9		(e) The term "workers' compensation services" means
10		services, claims expenses, and related administrative costs
11		incurred in performing the functions consolidated within the
12		Department of Central Management Services under Section
13		405-411 of the Department of Central Management Services Law of
14		the Civil Administrative Code of Illinois.
15		(30 ILCS 105/6z-65 new)
16		Sec. 6z-65. The Facilities Management Revolving Fund.
17		(a) The Facilities Management 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 facilities management services rendered by the
32		Department that are not compensated through the specific
33		fund transfers authorized by this Section, if any; and
34		(5) fees from the lease, rental, use, or occupancy of
35		State facilities managed, operated, or maintained by the

1		Department.
2		(b) Moneys in the Fund may be used by the Department for
3		reimbursement or payment for:
4		(1) the acquisition and operation of State facilities,
5		including, without limitation, rental or installment
6		payments and interest, personal services, utilities,
7		maintenance, and remodeling; or
8		(2) providing for payment of administrative and other
9		expenses incurred by the Department in providing
10		facilities management services.
11		(c) State agencies may direct the Comptroller to process
12		inter-fund transfers or make payment through the voucher and
13		warrant process to the Facilities Management Revolving Fund in
14		satisfaction of billings issued under subsection (a) of this
15		Section.
16		(d) Reconciliation. The Director of Central Management
17		Services (the "Director") shall order that each State agency's
18		payments and transfers made to the Fund be reconciled with
19		actual Fund costs for facilities management services provided
20		by the Department and attributable to the State agency and
21		relevant fund on no less than an annual basis. The Director may
22		require reports from State agencies as deemed necessary to
23		perform this reconciliation.
24		(e) The term "facilities management services" means
25		services performed by the Department in providing for the
26		acquisition, occupancy, management, and operation of State
27		owned and leased buildings, facilities, structures, grounds,
28		or the real property under management of the Department.
29		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
30		Sec. 8.12. State Pensions Fund.
31		(a) The moneys in the State Pensions Fund shall be used
32		exclusively for the administration of the Uniform Disposition
33		of Unclaimed Property Act and for the payment of or repayment
34		to the General Revenue Fund a portion of the required State
35		contributions to the designated retirement systems.

1		"Designated retirement systems" means:
2		(1) the State Employees' Retirement System of
3		Illinois;
4		(2) the Teachers' Retirement System of the State of
5		Illinois;
6		(3) the State Universities Retirement System;
7		(4) the Judges Retirement System of Illinois; and
8		(5) the General Assembly Retirement System.
9		(b) Each year the General Assembly may make appropriations
10		from the State Pensions Fund for the administration of the
11		Uniform Disposition of Unclaimed Property Act.
12		Each month, the Commissioner of the Office of Banks and
13		Real Estate shall certify to the State Treasurer the actual
14		expenditures that the Office of Banks and Real Estate incurred
15		conducting unclaimed property examinations under the Uniform
16		Disposition of Unclaimed Property Act during the immediately
17		preceding month. Within a reasonable time following the
18		acceptance of such certification by the State Treasurer, the
19		State Treasurer shall pay from its appropriation from the State
20		Pensions Fund to the Bank and Trust Company Fund and the
21		Savings and Residential Finance Regulatory Fund an amount equal
22		to the expenditures incurred by each Fund for that month.
23		Each month, the Director of Financial Institutions shall
24		certify to the State Treasurer the actual expenditures that the
25		Department of Financial Institutions incurred conducting
26		unclaimed property examinations under the Uniform Disposition
27		of Unclaimed Property Act during the immediately preceding
28		month. Within a reasonable time following the acceptance of
29		such certification by the State Treasurer, the State Treasurer
30		shall pay from its appropriation from the State Pensions Fund
31		to the Financial Institutions Fund and the Credit Union Fund an
32		amount equal to the expenditures incurred by each Fund for that
33		month.
34		(c) As soon as possible after the effective date of this
35		amendatory Act of the 93rd General Assembly, the General
36		Assembly shall appropriate from the State Pensions Fund (1) to

1		the State Universities Retirement System the amount certified
2		under Section 15-165 during the prior year, (2) to the Judges
3		Retirement System of Illinois the amount certified under
4		Section 18-140 during the prior year, and (3) to the General
5		Assembly Retirement System the amount certified under Section
6		2-134 during the prior year as part of the required State
7		contributions to each of those designated retirement systems;
8		except that amounts appropriated under this subsection (c) in
9		State fiscal year 2005 shall not reduce the amount in the State
10		Pensions Fund below $5,000,000. If the amount in the State
11		Pensions Fund does not exceed the sum of the amounts certified
12		in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
13		the amount paid to each designated retirement system under this
14		subsection shall be reduced in proportion to the amount
15		certified by each of those designated retirement systems. For
16		each State fiscal year beginning with State fiscal year 2006,
17		Each year the General Assembly shall appropriate a total amount
18		equal to the balance in the State Pensions Fund at the close of
19		business on June 30 of the preceding fiscal year, less
20		$5,000,000, as part of the required State contributions to the
21		designated retirement systems. The amount of the appropriation
22		to each designated retirement systems system shall constitute a
23		portion of the total appropriation under this subsection for
24		that fiscal year which is the same as that retirement system's
25		portion of the total actuarial reserve deficiency of the
26		systems, as most recently determined by the Governor's Office
27		of Management and Budget.
28		(d) The Governor's Office of Management and Budget shall
29		determine the individual and total reserve deficiencies of the
30		designated retirement systems. For this purpose, the
31		Governor's Office of Management and Budget shall utilize the
32		latest available audit and actuarial reports of each of the
33		retirement systems and the relevant reports and statistics of
34		the Public Employee Pension Fund Division of the Department of
35		Insurance.
36		(d-1) As soon as practicable after the effective date of

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

1		FOOD & DRUG SAFETY FUND........................$817,000
2		TRANSPORTATION REGULATORY FUND ....................$2,379,000
3		FINANCIAL INSTITUTION FUND...................$2,003,000
4		GENERAL PROFESSIONS DEDICATED FUND...............$497,000
5		DRIVERS EDUCATION FUND ...................$2,967,000
6		STATE BOATING ACT FUND ..................$1,072,000
7		AGRICULTURAL PREMIUM FUND .......................$7,777,000
8		PUBLIC UTILITY FUND .......................$8,202,000
9		RADIATION PROTECTION FUND ........................$750,000
10		SOLID WASTE MANAGEMENT FUND ..............$10,084,000
11		SUBTITLE D MANAGEMENT FUND ........................$3,006,000
12		PLUGGING AND RESTORATION FUND .......... $1,255,000
13		REGISTERED CERTIFIED PUBLIC ACCOUNTANTS
14		ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000
15		WEIGHTS AND MEASURES FUND ................... $1,800,000
16		SOLID WASTE MANAGEMENT REVOLVING LOAN FUND...........$647,000
17		RESPONSE CONTRACTORS INDEMNIFICATION FUND............$107,000
18		CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND......$1,229,000
19		PROFESSIONS INDIRECT COST FUND ....................$39,000
20		ILLINOIS HEALTH FACILITIES PLANNING FUND .......$2,351,000
21		OPTOMETRIC LICENSING AND DISCIPLINARY
22		BOARD FUND.........................................$1,121,000
23		STATE RAIL FREIGHT LOAN REPAYMENT FUND .....$3,500,000
24		ILLINOIS TAX INCREMENT FUND ..................$1,500,000
25		USED TIRE MANAGEMENT FUND .......................$3,278,000
26		AUDIT EXPENSE FUND ..........................$1,237,000
27		INSURANCE PREMIUM TAX REFUND FUND .................$2,500,000
28		CORPORATE FRANCHISE TAX REFUND FUND .............$1,650,000
29		TAX COMPLIANCE AND ADMINISTRATION FUND ............$9,513,000
30		APPRAISAL ADMINISTRATION FUND......................$1,107,000
31		STATE ASSET FORFEITURE FUND ............ $1,500,000
32		FEDERAL ASSET FORFEITURE FUND ................$3,943,000
33		DEPARTMENT OF CORRECTIONS REIMBURSEMENT
34		AND EDUCATION FUND................................$14,500,000
35		LEADS MAINTENANCE FUND .......$2,000,000
36		STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND........$250,000

1		WORKFORCE, TECHNOLOGY, AND ECONOMIC
2		DEVELOPMENT FUND ..................................$1,500,000
3		RENEWABLE ENERGY RESOURCES TRUST FUND ...$9,510,000
4		ENERGY EFFICIENCY TRUST FUND .............$3,040,000
5		CONSERVATION 2000 FUND ...................$7,439,000
6		HORSE RACING FUND .........................$2,500,000
7		STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000
8		WHISTLEBLOWER REWARD AND PROTECTION FUND ...........$750,000
9		TOBACCO SETTLEMENT RECOVERY FUND .................$19,300,000
10		PRESIDENTIAL LIBRARY AND MUSEUM FUND ......$500,000
11		MEDICAL SPECIAL PURPOSES TRUST FUND ..........$967,000
12		DRAM SHOP FUND ...................................$1,517,000
13		DESIGN PROFESSIONALS ADMINISTRATION AND
14		INVESTIGATION FUND ............................$1,172,000
15		ILLINOIS FORESTRY DEVELOPMENT FUND .........$1,257,000
16		STATE POLICE SERVICES FUND .........................$250,000
17		METABOLIC SCREENING AND TREATMENT FUND ........$3,435,000
18		INSURANCE PRODUCER ADMINISTRATION FUND .........$12,727,000
19		LOW-LEVEL RADIOACTIVE WASTE FACILITY
20		DEVELOPMENT AND OPERATION FUND ............$2,202,000
21		LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,
22		POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000
23		ENVIRONMENTAL PROTECTION PERMIT AND
24		INSPECTION FUND ...............................$874,000
25		PARK AND CONSERVATION FUND ........................$1,000,000
26		PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN
27		REVOLVING FUND ..................................$1,822,000
28		LOBBYIST REGISTRATION ADMINISTRATION FUND ..........$327,000
29		DIVISION OF CORPORATIONS REGISTERED
30		LIMITED LIABILITY PARTNERSHIP FUND ............$356,000
31		WORKING CAPITAL REVOLVING FUND
32		(30 ILCS 105/6)...................................$12,000,000
33		All of these transfers shall be made on the effective date
34		of this amendatory Act of the 93rd General Assembly, or as soon
35		thereafter as practical. These transfers shall be made
36		notwithstanding any other provision of State law to the

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

1		Act for fiscal year 2005.
2		(d) The sum of $49,775,000 shall be transferred from the
3		School Technology Revolving Loan Fund to the Common School Fund
4		on the effective date of this amendatory Act of the 93rd
5		General Assembly, or as soon thereafter as practical,
6		notwithstanding any other provision of State law to the
7		contrary.
8		(e) The sum of $80,000,000 shall be transferred from the
9		General Revenue Fund to the State Pensions Fund on the
10		effective date of this amendatory Act of the 93rd General
11		Assembly, or as soon thereafter as practical.
12		(30 ILCS 105/8g)
13		Sec. 8g. Fund transfers Transfers from General Revenue
14		Fund.
15		(a) In addition to any other transfers that may be provided
16		for by law, as soon as may be practical after the effective
17		date of this amendatory Act of the 91st General Assembly, the
18		State Comptroller shall direct and the State Treasurer shall
19		transfer the sum of $10,000,000 from the General Revenue Fund
20		to the Motor Vehicle License Plate Fund created by Senate Bill
21		1028 of the 91st General Assembly.
22		(b) In addition to any other transfers that may be provided
23		for by law, as soon as may be practical after the effective
24		date of this amendatory Act of the 91st General Assembly, the
25		State Comptroller shall direct and the State Treasurer shall
26		transfer the sum of $25,000,000 from the General Revenue Fund
27		to the Fund for Illinois' Future created by Senate Bill 1066 of
28		the 91st General Assembly.
29		(c) In addition to any other transfers that may be provided
30		for by law, on August 30 of each fiscal year's license period,
31		the Illinois Liquor Control Commission shall direct and the
32		State Comptroller and State Treasurer shall transfer from the
33		General Revenue Fund to the Youth Alcoholism and Substance
34		Abuse Prevention Fund an amount equal to the number of retail
35		liquor licenses issued for that fiscal year multiplied by $50.

1		(d) The payments to programs required under subsection (d)
2		of Section 28.1 of the Horse Racing Act of 1975 shall be made,
3		pursuant to appropriation, from the special funds referred to
4		in the statutes cited in that subsection, rather than directly
5		from the General Revenue Fund.
6		Beginning January 1, 2000, on the first day of each month,
7		or as soon as may be practical thereafter, the State
8		Comptroller shall direct and the State Treasurer shall transfer
9		from the General Revenue Fund to each of the special funds from
10		which payments are to be made under Section 28.1(d) of the
11		Horse Racing Act of 1975 an amount equal to 1/12 of the annual
12		amount required for those payments from that special fund,
13		which annual amount shall not exceed the annual amount for
14		those payments from that special fund for the calendar year
15		1998. The special funds to which transfers shall be made under
16		this subsection (d) include, but are not necessarily limited
17		to, the Agricultural Premium Fund; the Metropolitan Exposition
18		Auditorium and Office Building Fund; the Fair and Exposition
19		Fund; the Standardbred Breeders Fund; the Thoroughbred
20		Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
21		(e) In addition to any other transfers that may be provided
22		for by law, as soon as may be practical after the effective
23		date of this amendatory Act of the 91st General Assembly, but
24		in no event later than June 30, 2000, the State Comptroller
25		shall direct and the State Treasurer shall transfer the sum of
26		$15,000,000 from the General Revenue Fund to the Fund for
27		Illinois' Future.
28		(f) In addition to any other transfers that may be provided
29		for by law, as soon as may be practical after the effective
30		date of this amendatory Act of the 91st General Assembly, but
31		in no event later than June 30, 2000, the State Comptroller
32		shall direct and the State Treasurer shall transfer the sum of
33		$70,000,000 from the General Revenue Fund to the Long-Term Care
34		Provider Fund.
35		(f-1) In fiscal year 2002, in addition to any other
36		transfers that may be provided for by law, at the direction of

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

1		(j) On or after July 1, 2001 and no later than June 30,
2		2002, in addition to any other transfers that may be provided
3		for by law, at the direction of and upon notification from the
4		Governor, the State Comptroller shall direct and the State
5		Treasurer shall transfer amounts not to exceed the following
6		sums into the Statistical Services Revolving Fund:
28		(k) In addition to any other transfers that may be provided
29		for by law, as soon as may be practical after the effective
30		date of this amendatory Act of the 92nd General Assembly, the
31		State Comptroller shall direct and the State Treasurer shall
32		transfer the sum of $2,000,000 from the General Revenue Fund to
33		the Teachers Health Insurance Security Fund.
34		(k-1) In addition to any other transfers that may be
35		provided for by law, on July 1, 2002, or as soon as may be
36		practical thereafter, the State Comptroller shall direct and

1		the State Treasurer shall transfer the sum of $2,000,000 from
2		the General Revenue Fund to the Teachers Health Insurance
3		Security Fund.
4		(k-2) In addition to any other transfers that may be
5		provided for by law, on July 1, 2003, or as soon as may be
6		practical thereafter, the State Comptroller shall direct and
7		the State Treasurer shall transfer the sum of $2,000,000 from
8		the General Revenue Fund to the Teachers Health Insurance
9		Security Fund.
10		(k-3) On or after July 1, 2002 and no later than June 30,
11		2003, in addition to any other transfers that may be provided
12		for by law, at the direction of and upon notification from the
13		Governor, the State Comptroller shall direct and the State
14		Treasurer shall transfer amounts not to exceed the following
15		sums into the Statistical Services Revolving Fund:
29		(l) In addition to any other transfers that may be provided
30		for by law, on July 1, 2002, or as soon as may be practical
31		thereafter, the State Comptroller shall direct and the State
32		Treasurer shall transfer the sum of $3,000,000 from the General
33		Revenue Fund to the Presidential Library and Museum Operating
34		Fund.
35		(m) In addition to any other transfers that may be provided
36		for by law, on July 1, 2002 and on the effective date of this

1		amendatory Act of the 93rd General Assembly, or as soon
2		thereafter as may be practical, the State Comptroller shall
3		direct and the State Treasurer shall transfer the sum of
4		$1,200,000 from the General Revenue Fund to the Violence
5		Prevention Fund.
6		(n) In addition to any other transfers that may be provided
7		for by law, on July 1, 2003, or as soon thereafter as may be
8		practical, the State Comptroller shall direct and the State
9		Treasurer shall transfer the sum of $6,800,000 from the General
10		Revenue Fund to the DHS Recoveries Trust Fund.
11		(o) On or after July 1, 2003, and no later than June 30,
12		2004, in addition to any other transfers that may be provided
13		for by law, at the direction of and upon notification from the
14		Governor, the State Comptroller shall direct and the State
15		Treasurer shall transfer amounts not to exceed the following
16		sums into the Vehicle Inspection Fund:
18		(p) On or after July 1, 2003 and until May 1, 2004, in
19		addition to any other transfers that may be provided for by
20		law, at the direction of and upon notification from the
21		Governor, the State Comptroller shall direct and the State
22		Treasurer shall transfer amounts not exceeding a total of
23		$80,000,000 from the General Revenue Fund to the Tobacco
24		Settlement Recovery Fund. Any amounts so transferred shall be
25		re-transferred from the Tobacco Settlement Recovery Fund to the
26		General Revenue Fund at the direction of and upon notification
27		from the Governor, but in any event on or before June 30, 2004.
28		(q) In addition to any other transfers that may be provided
29		for by law, on July 1, 2003, or as soon as may be practical
30		thereafter, the State Comptroller shall direct and the State
31		Treasurer shall transfer the sum of $5,000,000 from the General
32		Revenue Fund to the Illinois Military Family Relief Fund.
33		(r) In addition to any other transfers that may be provided
34		for by law, on July 1, 2003, or as soon as may be practical
35		thereafter, the State Comptroller shall direct and the State
36		Treasurer shall transfer the sum of $1,922,000 from the General

1		Revenue Fund to the Presidential Library and Museum Operating
2		Fund.
3		(s) In addition to any other transfers that may be provided
4		for by law, on or after July 1, 2003, the State Comptroller
5		shall direct and the State Treasurer shall transfer the sum of
6		$4,800,000 from the Statewide Economic Development Fund to the
7		General Revenue Fund.
8		(t) In addition to any other transfers that may be provided
9		for by law, on or after July 1, 2003, the State Comptroller
10		shall direct and the State Treasurer shall transfer the sum of
11		$50,000,000 from the General Revenue Fund to the Budget
12		Stabilization Fund.
13		(u) On or after July 1, 2004 and until May 1, 2005, in
14		addition to any other transfers that may be provided for by
15		law, at the direction of and upon notification from the
16		Governor, the State Comptroller shall direct and the State
17		Treasurer shall transfer amounts not exceeding a total of
18		$80,000,000 from the General Revenue Fund to the Tobacco
19		Settlement Recovery Fund. Any amounts so transferred shall be
20		retransferred by the State Comptroller and the State Treasurer
21		from the Tobacco Settlement Recovery Fund to the General
22		Revenue Fund at the direction of and upon notification from the
23		Governor, but in any event on or before June 30, 2005.
24		(v) In addition to any other transfers that may be provided
25		for by law, on July 1, 2004, or as soon thereafter as may be
26		practical, the State Comptroller shall direct and the State
27		Treasurer shall transfer the sum of $1,200,000 from the General
28		Revenue Fund to the Violence Prevention Fund.
29		(w) In addition to any other transfers that may be provided
30		for by law, on July 1, 2004, or as soon thereafter as may be
31		practical, the State Comptroller shall direct and the State
32		Treasurer shall transfer the sum of $6,445,000 from the General
33		Revenue Fund to the Presidential Library and Museum Operating
34		Fund.
35		(Source: P.A. 92-11, eff. 6-11-01; 92-505, eff. 12-20-01;
36		92-600, eff. 6-28-02; 93-32, eff. 6-20-03; 93-648, eff.

1		1-8-04.)
2		(30 ILCS 105/8h)
3		Sec. 8h. Transfers to General Revenue Fund.
4		(a) Except as provided in subsection (b), notwithstanding
5		any other State law to the contrary, the Governor Director of
6		the Governor's Office of Management and Budget may, through
7		June 30, 2007, from time to time direct the State Treasurer and
8		Comptroller to transfer a specified sum from any fund held by
9		the State Treasurer to the General Revenue Fund in order to
10		help defray the State's operating costs for the fiscal year.
11		The total transfer under this Section from any fund in any
12		fiscal year shall not exceed the lesser of (i) 8% of the
13		revenues to be deposited into the fund during that fiscal year
14		or (ii) an amount that leaves a remaining fund balance of 25%
15		of the July 1 fund balance of that fiscal year of the beginning
16		balance in the fund. In fiscal year 2005 only, prior to
17		calculating the July 1, 2004 final balances, the Governor may
18		calculate and direct the State Treasurer with the Comptroller
19		to transfer additional amounts determined by applying the
20		formula authorized in this amendatory Act of the 93rd General
21		Assembly to the funds balances on July 1, 2003. No transfer may
22		be made from a fund under this Section that would have the
23		effect of reducing the available balance in the fund to an
24		amount less than the amount remaining unexpended and unreserved
25		from the total appropriation from that fund estimated to be
26		expended for that fiscal year. This Section does not apply to
27		any funds that are restricted by federal law to a specific use
28		or to any funds in the Motor Fuel Tax Fund, the Hospital
29		Provider Fund, or the Medicaid Provider Relief Fund.
30		Notwithstanding any other provision of this Section, for fiscal
31		year 2004, the total transfer under this Section from the Road
32		Fund or the State Construction Account Fund shall not exceed
33		the lesser of (i) 5% of the revenues to be deposited into the
34		fund during that fiscal year or (ii) 25% of the beginning
35		balance in the fund. For fiscal year 2005 through fiscal year

1		2007, no amounts may be transferred under this Section from the
2		Road Fund, the State Construction Account Fund, the Criminal
3		Justice Information Systems Trust Fund, the Wireless Carrier
4		Reimbursement Fund, or the Mandatory Arbitration Fund.
5		In determining the available balance in a fund, the
6		Governor Director of the Governor's Office of Management and
7		Budget may include receipts, transfers into the fund, and other
8		resources anticipated to be available in the fund in that
9		fiscal year.
10		The State Treasurer and Comptroller shall transfer the
11		amounts designated under this Section as soon as may be
12		practicable after receiving the direction to transfer from the
13		Governor Director of the Governor's Office of Management and
14		Budget.
15		(b) This Section does not apply to any fund established
16		under the Community Senior Services and Resources Act.
17		(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
18		eff. 6-10-04; 93-714, eff. 7-12-04; revised 7-20-04.)
19		(30 ILCS 105/8k new)
20		Sec. 8k. Interfund transfers from inactive funds.
21		Notwithstanding any other provision of law to the contrary, on
22		June 30, 2004, or as soon thereafter as may be practical, the
23		State Comptroller shall direct and the State Treasurer shall
24		transfer the remaining balance from the designated funds into
25		the General Revenue Fund:
26		(1) the Grape and Wine Resources Fund; and
27		(2) the Statewide Economic Development Fund.
28		(30 ILCS 105/8m new)
29		Sec. 8m. Transfers from the Board of Higher Education State
30		Projects Fund. On September 1, 2004, or as soon thereafter as
31		may be practical, the Comptroller shall order and the Treasurer
32		shall transfer remaining moneys in the Board of Higher
33		Education State Projects Fund, certified by the Board of Higher
34		Education to be attributable to the Illinois Century Network,

1		into the Communications Revolving Fund.
2		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
3		Sec. 8.3. Money in the Road Fund shall, if and when the
4		State of Illinois incurs any bonded indebtedness for the
5		construction of permanent highways, be set aside and used for
6		the purpose of paying and discharging annually the principal
7		and interest on that bonded indebtedness then due and payable,
8		and for no other purpose. The surplus, if any, in the Road Fund
9		after the payment of principal and interest on that bonded
10		indebtedness then annually due shall be used as follows:
11		first -- to pay the cost of administration of Chapters
12		2 through 10 of the Illinois Vehicle Code, except the cost
13		of administration of Articles I and II of Chapter 3 of that
14		Code; and
15		secondly -- for expenses of the Department of
16		Transportation for construction, reconstruction,
17		improvement, repair, maintenance, operation, and
18		administration of highways in accordance with the
19		provisions of laws relating thereto, or for any purpose
20		related or incident to and connected therewith, including
21		the separation of grades of those highways with railroads
22		and with highways and including the payment of awards made
23		by the Industrial Commission under the terms of the
24		Workers' Compensation Act or Workers' Occupational
25		Diseases Act for injury or death of an employee of the
26		Division of Highways in the Department of Transportation;
27		or for the acquisition of land and the erection of
28		buildings for highway purposes, including the acquisition
29		of highway right-of-way or for investigations to determine
30		the reasonably anticipated future highway needs; or for
31		making of surveys, plans, specifications and estimates for
32		and in the construction and maintenance of flight strips
33		and of highways necessary to provide access to military and
34		naval reservations, to defense industries and
35		defense-industry sites, and to the sources of raw materials

1		and for replacing existing highways and highway
2		connections shut off from general public use at military
3		and naval reservations and defense-industry sites, or for
4		the purchase of right-of-way, except that the State shall
5		be reimbursed in full for any expense incurred in building
6		the flight strips; or for the operating and maintaining of
7		highway garages; or for patrolling and policing the public
8		highways and conserving the peace; or for the operating
9		expenses of the Department relating to the administration
10		of public transportation programs; or for any of those
11		purposes or any other purpose that may be provided by law.
12		Appropriations for any of those purposes are payable from
13		the Road Fund. Appropriations may also be made from the Road
14		Fund for the administrative expenses of any State agency that
15		are related to motor vehicles or arise from the use of motor
16		vehicles.
17		Beginning with fiscal year 1980 and thereafter, no Road
18		Fund monies shall be appropriated to the following Departments
19		or agencies of State government for administration, grants, or
20		operations; but this limitation is not a restriction upon
21		appropriating for those purposes any Road Fund monies that are
22		eligible for federal reimbursement;
23		1. Department of Public Health;
24		2. Department of Transportation, only with respect to
25		subsidies for one-half fare Student Transportation and
26		Reduced Fare for Elderly;
27		3. Department of Central Management Services, except
28		for expenditures incurred for group insurance premiums of
29		appropriate personnel;
30		4. Judicial Systems and Agencies.
31		Beginning with fiscal year 1981 and thereafter, no Road
32		Fund monies shall be appropriated to the following Departments
33		or agencies of State government for administration, grants, or
34		operations; but this limitation is not a restriction upon
35		appropriating for those purposes any Road Fund monies that are
36		eligible for federal reimbursement:

1		1. Department of State Police, except for expenditures
2		with respect to the Division of Operations;
3		2. Department of Transportation, only with respect to
4		Intercity Rail Subsidies and Rail Freight Services.
5		Beginning with fiscal year 1982 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: Department of Central
11		Management Services, except for awards made by the Industrial
12		Commission under the terms of the Workers' Compensation Act or
13		Workers' Occupational Diseases Act for injury or death of an
14		employee of the Division of Highways in the Department of
15		Transportation.
16		Beginning with fiscal year 1984 and thereafter, no Road
17		Fund monies shall be appropriated to the following Departments
18		or agencies of State government for administration, grants, or
19		operations; but this limitation is not a restriction upon
20		appropriating for those purposes any Road Fund monies that are
21		eligible for federal reimbursement:
22		1. Department of State Police, except not more than 40%
23		of the funds appropriated for the Division of Operations;
24		2. State Officers.
25		Beginning with fiscal year 1984 and thereafter, no Road
26		Fund monies shall be appropriated to any Department or agency
27		of State government for administration, grants, or operations
28		except as provided hereafter; but this limitation is not a
29		restriction upon appropriating for those purposes any Road Fund
30		monies that are eligible for federal reimbursement. It shall
31		not be lawful to circumvent the above appropriation limitations
32		by governmental reorganization or other methods.
33		Appropriations shall be made from the Road Fund only in
34		accordance with the provisions of this Section.
35		Money in the Road Fund shall, if and when the State of
36		Illinois incurs any bonded indebtedness for the construction of

1		permanent highways, be set aside and used for the purpose of
2		paying and discharging during each fiscal year the principal
3		and interest on that bonded indebtedness as it becomes due and
4		payable as provided in the Transportation Bond Act, and for no
5		other purpose. The surplus, if any, in the Road Fund after the
6		payment of principal and interest on that bonded indebtedness
7		then annually due shall be used as follows:
8		first -- to pay the cost of administration of Chapters
9		2 through 10 of the Illinois Vehicle Code; and
10		secondly -- no Road Fund monies derived from fees,
11		excises, or license taxes relating to registration,
12		operation and use of vehicles on public highways or to
13		fuels used for the propulsion of those vehicles, shall be
14		appropriated or expended other than for costs of
15		administering the laws imposing those fees, excises, and
16		license taxes, statutory refunds and adjustments allowed
17		thereunder, administrative costs of the Department of
18		Transportation, including, but not limited to, the
19		operating expenses of the Department relating to the
20		administration of public transportation programs, payment
21		of debts and liabilities incurred in construction and
22		reconstruction of public highways and bridges, acquisition
23		of rights-of-way for and the cost of construction,
24		reconstruction, maintenance, repair, and operation of
25		public highways and bridges under the direction and
26		supervision of the State, political subdivision, or
27		municipality collecting those monies, and the costs for
28		patrolling and policing the public highways (by State,
29		political subdivision, or municipality collecting that
30		money) for enforcement of traffic laws. The separation of
31		grades of such highways with railroads and costs associated
32		with protection of at-grade highway and railroad crossing
33		shall also be permissible.
34		Appropriations for any of such purposes are payable from
35		the Road Fund or the Grade Crossing Protection Fund as provided
36		in Section 8 of the Motor Fuel Tax Law.

1		Except as provided in this paragraph, beginning with fiscal
2		year 1991 and thereafter, no Road Fund monies shall be
3		appropriated to the Department of State Police for the purposes
4		of this Section in excess of its total fiscal year 1990 Road
5		Fund appropriations for those purposes unless otherwise
6		provided in Section 5g of this Act. For fiscal years 2003, and
7		2004, and 2005 only, no Road Fund monies shall be appropriated
8		to the Department of State Police for the purposes of this
9		Section in excess of $97,310,000. It shall not be lawful to
10		circumvent this limitation on appropriations by governmental
11		reorganization or other methods unless otherwise provided in
12		Section 5g of this Act.
13		In fiscal year 1994, no Road Fund monies shall be
14		appropriated to the Secretary of State for the purposes of this
15		Section in excess of the total fiscal year 1991 Road Fund
16		appropriations to the Secretary of State for those purposes,
17		plus $9,800,000. It shall not be lawful to circumvent this
18		limitation on appropriations by governmental reorganization or
19		other method.
20		Beginning with fiscal year 1995 and thereafter, no Road
21		Fund monies shall be appropriated to the Secretary of State for
22		the purposes of this Section in excess of the total fiscal year
23		1994 Road Fund appropriations to the Secretary of State for
24		those purposes. It shall not be lawful to circumvent this
25		limitation on appropriations by governmental reorganization or
26		other methods.
27		Beginning with fiscal year 2000, total Road Fund
28		appropriations to the Secretary of State for the purposes of
29		this Section shall not exceed the amounts specified for the
30		following fiscal years:

3		It shall not be lawful to circumvent this limitation on
4		appropriations by governmental reorganization or other
5		methods.
6		No new program may be initiated in fiscal year 1991 and
7		thereafter that is not consistent with the limitations imposed
8		by this Section for fiscal year 1984 and thereafter, insofar as
9		appropriation of Road Fund monies is concerned.
10		Nothing in this Section prohibits transfers from the Road
11		Fund to the State Construction Account Fund under Section 5e of
12		this Act; nor to the General Revenue Fund, as authorized by
13		this amendatory Act of the 93rd General Assembly.
14		The additional amounts authorized for expenditure in this
15		Section by Public Acts 92-0600 and 93-0025 this amendatory Act
16		of the 92nd General Assembly shall be repaid to the Road Fund
17		from the General Revenue Fund in the next succeeding fiscal
18		year that the General Revenue Fund has a positive budgetary
19		balance, as determined by generally accepted accounting
20		principles applicable to government.
21		The additional amounts authorized for expenditure by the
22		Secretary of State and the Department of State Police in this
23		Section by this amendatory Act of the 93rd General Assembly
24		shall be repaid to the Road Fund from the General Revenue Fund
25		in the next succeeding fiscal year that the General Revenue
26		Fund has a positive budgetary balance, as determined by
27		generally accepted accounting principles applicable to
28		government.
29		(Source: P.A. 92-600, eff. 6-28-02; 93-25, eff. 6-20-03.)
30		(30 ILCS 105/9) (from Ch. 127, par. 145)
31		Sec. 9. (a) No disbursements from appropriations shall be
32		made for rental or purchase of office or other space, buildings
33		or land, except in pursuance of a written lease or purchase
34		contract entered into by the proper State authority and the
35		owner or authorized agent of the property. Such lease shall not

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

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

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

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

1		Economic and Fiscal Commission, with the Auditor General, with
2		the President of the Senate, the Minority Leader of the Senate,
3		the Speaker of the House of Representatives, and the Minority
4		Leader of the House of Representatives, with the Chairs of the
5		Appropriations Committees, and with the Secretary of the Senate
6		and Clerk of the House.
7		(5) The Bureau of the Budget may, based on a cost
8		benefit analysis, issue general obligation bonds to
9		finance or refinance installment purchase or lease
10		purchase contracts entered into by State departments,
11		agencies, or universities or to refund or advance refund
12		prior issuances of certificates of participation or
13		similar instruments, including certificates of
14		participation issued under this Section and certificates
15		of participation issued before the effective date of this
16		amendatory Act of 1997.
17		(6) The Department of Central Management Services may
18		promulgate rules governing its issuance and conditions of
19		use of certificates of participation and similar
20		instruments.
21		(c) Amounts paid from appropriations for personal service
22		of any officer or employee of the State, either temporary or
23		regular, shall be considered as full payment for all services
24		rendered between the dates specified in the payroll or other
25		voucher and no additional sum shall be paid to such officer or
26		employee from any lump sum appropriation, appropriation for
27		extra help or other purpose or any accumulated balances in
28		specific appropriations, which payments would constitute in
29		fact an additional payment for work already performed and for
30		which remuneration had already been made, except that wage
31		payments made pursuant to the application of the prevailing
32		rate principle or based upon the effective date of a collective
33		bargaining agreement between the State, or a State agency and
34		an employee group, or payment of funds as an adjustment to
35		wages paid employees or officers of the State for the purpose
36		of correcting a clerical or administrative error or oversight

1		or pursuant to a backpay order issued by an appropriate State
2		or federal administrative or judicial body or officer shall not
3		be construed as an additional payment for work already
4		performed.
5		(d) Disbursements from appropriations which are subject to
6		the approval or certification of the Department of Central
7		Management Services are subject to the following restrictions.
8		Payments for personal service except for positions
9		specified in all appropriation Acts shall be made in conformity
10		with schedules and amendments thereto submitted by the
11		respective officers and approved by the Department of Central
12		Management Services before becoming effective. Such schedules
13		and amendments thereto may set up groups of employment showing
14		the approximate number to be employed, with fixed or minimum
15		and maximum salary rates.
16		This Section is subject to the provisions of Section 9.02.
17		(Source: P.A. 90-520, eff. 6-1-98; revised 8-23-03.)
18		(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
19		Sec. 13.2. Transfers among line item appropriations.
20		(a) Transfers among line item appropriations from the same
21		treasury fund for the objects specified in this Section may be
22		made in the manner provided in this Section when the balance
23		remaining in one or more such line item appropriations is
24		insufficient for the purpose for which the appropriation was
25		made.
26		(a-1) No transfers may be made from one agency to another
27		agency, nor may transfers be made from one institution of
28		higher education to another institution of higher education.
29		(a-2) Except as otherwise provided in this Section,
30		transfers Transfers may be made only among the objects of
31		expenditure enumerated in this Section, except that no funds
32		may be transferred from any appropriation for personal
33		services, from any appropriation for State contributions to the
34		State Employees' Retirement System, from any separate
35		appropriation for employee retirement contributions paid by

1		the employer, nor from any appropriation for State contribution
2		for employee group insurance. During State fiscal year 2005, an
3		agency may transfer amounts among its appropriations within the
4		same treasury fund for personal services, employee retirement
5		contributions paid by employer, and State Contributions to
6		retirement systems; notwithstanding and in addition to the
7		transfers authorized in subsection (c) of this Section, the
8		fiscal year 2005 transfers authorized in this sentence may be
9		made in an amount not to exceed 2% of the aggregate amount
10		appropriated to an agency within the same treasury fund.
11		(a-3) Further, if an agency receives a separate
12		appropriation for employee retirement contributions paid by
13		the employer, any transfer by that agency into an appropriation
14		for personal services must be accompanied by a corresponding
15		transfer into the appropriation for employee retirement
16		contributions paid by the employer, in an amount sufficient to
17		meet the employer share of the employee contributions required
18		to be remitted to the retirement system.
19		(b) In addition to the general transfer authority provided
20		under subsection (c), the following agencies have the specific
21		transfer authority granted in this subsection:
22		The Illinois Department of Public Aid is authorized to make
23		transfers representing savings attributable to not increasing
24		grants due to the births of additional children from line items
25		for payments of cash grants to line items for payments for
26		employment and social services for the purposes outlined in
27		subsection (f) of Section 4-2 of the Illinois Public Aid Code.
28		The Department of Children and Family Services is
29		authorized to make transfers not exceeding 2% of the aggregate
30		amount appropriated to it within the same treasury fund for the
31		following line items among these same line items: Foster Home
32		and Specialized Foster Care and Prevention, Institutions and
33		Group Homes and Prevention, and Purchase of Adoption and
34		Guardianship Services.
35		The Department on Aging is authorized to make transfers not
36		exceeding 2% of the aggregate amount appropriated to it within

1		the same treasury fund for the following Community Care Program
2		line items among these same line items: Homemaker and Senior
3		Companion Services, Case Coordination Units, and Adult Day Care
4		Services.
5		The State Treasurer is authorized to make transfers among
6		line item appropriations from the Capital Litigation Trust
7		Fund, with respect to costs incurred in fiscal years 2002 and
8		2003 only, when the balance remaining in one or more such line
9		item appropriations is insufficient for the purpose for which
10		the appropriation was made, provided that no such transfer may
11		be made unless the amount transferred is no longer required for
12		the purpose for which that appropriation was made.
13		(c) The sum of such transfers for an agency in a fiscal
14		year shall not exceed 2% of the aggregate amount appropriated
15		to it within the same treasury fund for the following objects:
16		Personal Services; Extra Help; Student and Inmate
17		Compensation; State Contributions to Retirement Systems; State
18		Contributions to Social Security; State Contribution for
19		Employee Group Insurance; Contractual Services; Travel;
20		Commodities; Printing; Equipment; Electronic Data Processing;
21		Operation of Automotive Equipment; Telecommunications
22		Services; Travel and Allowance for Committed, Paroled and
23		Discharged Prisoners; Library Books; Federal Matching Grants
24		for Student Loans; Refunds; Workers' Compensation,
25		Occupational Disease, and Tort Claims; and, in appropriations
26		to institutions of higher education, Awards and Grants.
27		Notwithstanding the above, any amounts appropriated for
28		payment of workers' compensation claims to an agency to which
29		the authority to evaluate, administer and pay such claims has
30		been delegated by the Department of Central Management Services
31		may be transferred to any other expenditure object where such
32		amounts exceed the amount necessary for the payment of such
33		claims.
34		(c-1) Special provisions for State fiscal year 2003.
35		Notwithstanding any other provision of this Section to the
36		contrary, for State fiscal year 2003 only, transfers among line

1		item appropriations to an agency from the same treasury fund
2		may be made provided that the sum of such transfers for an
3		agency in State fiscal year 2003 shall not exceed 3% of the
4		aggregate amount appropriated to that State agency for State
5		fiscal year 2003 for the following objects: personal services,
6		except that no transfer may be approved which reduces the
7		aggregate appropriations for personal services within an
8		agency; extra help; student and inmate compensation; State
9		contributions to retirement systems; State contributions to
10		social security; State contributions for employee group
11		insurance; contractual services; travel; commodities;
12		printing; equipment; electronic data processing; operation of
13		automotive equipment; telecommunications services; travel and
14		allowance for committed, paroled, and discharged prisoners;
15		library books; federal matching grants for student loans;
16		refunds; workers' compensation, occupational disease, and tort
17		claims; and, in appropriations to institutions of higher
18		education, awards and grants.
19		(c-2) Special provisions for State fiscal year 2005.
20		Notwithstanding subsections (a), (a-2), and (c), for State
21		fiscal year 2005 only, transfers may be made among any line
22		item appropriations from the same or any other treasury fund
23		for any objects or purposes, without limitation, when the
24		balance remaining in one or more such line item appropriations
25		is insufficient for the purpose for which the appropriation was
26		made, provided that the sum of those transfers by a State
27		agency shall not exceed 4% of the aggregate amount appropriated
28		to that State agency for fiscal year 2005.
29		(d) Transfers among appropriations made to agencies of the
30		Legislative and Judicial departments and to the
31		constitutionally elected officers in the Executive branch
32		require the approval of the officer authorized in Section 10 of
33		this Act to approve and certify vouchers. Transfers among
34		appropriations made to the University of Illinois, Southern
35		Illinois University, Chicago State University, Eastern
36		Illinois University, Governors State University, Illinois

1		State University, Northeastern Illinois University, Northern
2		Illinois University, Western Illinois University, the Illinois
3		Mathematics and Science Academy and the Board of Higher
4		Education require the approval of the Board of Higher Education
5		and the Governor. Transfers among appropriations to all other
6		agencies require the approval of the Governor.
7		The officer responsible for approval shall certify that the
8		transfer is necessary to carry out the programs and purposes
9		for which the appropriations were made by the General Assembly
10		and shall transmit to the State Comptroller a certified copy of
11		the approval which shall set forth the specific amounts
12		transferred so that the Comptroller may change his records
13		accordingly. The Comptroller shall furnish the Governor with
14		information copies of all transfers approved for agencies of
15		the Legislative and Judicial departments and transfers
16		approved by the constitutionally elected officials of the
17		Executive branch other than the Governor, showing the amounts
18		transferred and indicating the dates such changes were entered
19		on the Comptroller's records.
20		(Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03;
21		93-680, eff. 7-1-04.)
22		(30 ILCS 105/14) (from Ch. 127, par. 150)
23		Sec. 14. The item "personal services", when used in an
24		appropriation Act, means the reward or recompense made for
25		personal services rendered for the State by an officer or
26		employee of the State or of an instrumentality thereof, or for
27		the purpose of Section 14a of this Act, or any amount required
28		or authorized to be deducted from the salary of any such person
29		under the provisions of Section 30c of this Act, or any
30		retirement or tax law, or both, or deductions from the salary
31		of any such person under the Social Security Enabling Act or
32		deductions from the salary of such person pursuant to the
33		Voluntary Payroll Deductions Act of 1983.
34		If no home is furnished to a person who is a full-time
35		chaplain employed by the State or a former full-time chaplain

1		retired from State employment, 20% of the salary or pension
2		paid to that person for his personal services to the State as
3		chaplain are considered to be a rental allowance paid to him to
4		rent or otherwise provide a home. This amendatory Act of 1973
5		applies to State salary amounts received after December 31,
6		1973.
7		When any appropriation payable from trust funds or federal
8		funds includes an item for personal services but does not
9		include a separate item for State contribution for employee
10		group insurance, the State contribution for employee group
11		insurance in relation to employees paid under that personal
12		services line item shall also be payable under that personal
13		services line item.
14		When any appropriation payable from trust funds or federal
15		funds includes an item for personal services but does not
16		include a separate item for employee retirement contributions
17		paid by the employer, the State contribution for employee
18		retirement contributions paid by the employer in relation to
19		employees paid under that personal services line item shall
20		also be payable under that personal services line item.
21		The item "personal services", when used in an appropriation
22		Act, shall also mean and include a payment to a State
23		retirement system by a State agency to discharge a debt arising
24		from the over-refund to an employee of retirement
25		contributions. The payment to a State retirement system
26		authorized by this paragraph shall not be construed to release
27		the employee from his or her obligation to return to the State
28		the amount of the over-refund.
29		The item "personal services", when used in an appropriation
30		Act, also includes a payment to reimburse the Department of
31		Central Management Services for temporary total disability
32		benefit payments in accordance with subdivision (9) of Section
33		405-105 of the Department of Central Management Services Law
34		(20 ILCS 405/405-105).
35		Beginning July 1, 1993, the item "personal services" and
36		related line items, when used in an appropriation Act or this

1		Act, shall also mean and include back wage claims of State
2		officers and employees to the extent those claims have not been
3		satisfied from the back wage appropriation to the Department of
4		Central Management Services in the preceding fiscal year, as
5		provided in Section 14b of this Act and subdivision (13) of
6		Section 405-105 of the Department of Central Management
7		Services Law (20 ILCS 405/405-105).
8		The item "personal services", when used with respect to
9		State police officers in an appropriation Act, also includes a
10		payment for the burial expenses of a State police officer
11		killed in the line of duty, made in accordance with Section
12		12.2 of the State Police Act and any rules adopted under that
13		Section.
14		For State fiscal year 2005, the item "personal services",
15		when used in an appropriation Act, also includes payments for
16		employee retirement contributions paid by the employer.
17		(Source: P.A. 90-178, eff. 7-23-97; 91-239, eff. 1-1-00.)
18		(30 ILCS 105/14c new)
19		Sec. 14c. Prescription drug benefits. For contracts
20		entered into on or after the effective date of this amendatory
21		Act of the 93rd General Assembly, no appropriation may be
22		expended for prescription drug benefits under the State
23		Employees Group Insurance Act of 1971 unless the benefit
24		program allows all prescription drug benefits to be provided on
25		the same terms and conditions by any willing provider that is
26		qualified for network participation and is authorized to
27		dispense prescription drugs.
28		(30 ILCS 105/24.11 new)
29		Sec. 24.11. "State contributions to Employees' Retirement
30		System" defined. The item "State contributions to Employees'
31		Retirement System", when used in an appropriation Act, shall
32		include an additional amount determined by the State Employees'
33		Retirement System to be paid over by the State Employees'
34		Retirement System to the General Obligation Bond Retirement and

1		Interest Fund to be used to pay principal of and interest on
2		those general obligation bonds due that fiscal year authorized
3		by subsection (a) of Section 7.2 of the General Obligation Bond
4		Act and issued to provide the proceeds deposited by the State
5		with the State Employees' Retirement System in July 2003,
6		representing deposits other than amounts reserved under
7		subsection (c) of Section 7.2 of the General Obligation Bond
8		Act.
9		(30 ILCS 105/25) (from Ch. 127, par. 161)
10		Sec. 25. Fiscal year limitations.
11		(a) All appropriations shall be available for expenditure
12		for the fiscal year or for a lesser period if the Act making
13		that appropriation so specifies. A deficiency or emergency
14		appropriation shall be available for expenditure only through
15		June 30 of the year when the Act making that appropriation is
16		enacted unless that Act otherwise provides.
17		(b) Outstanding liabilities as of June 30, payable from
18		appropriations which have otherwise expired, may be paid out of
19		the expiring appropriations during the 2-month period ending at
20		the close of business on August 31. Any service involving
21		professional or artistic skills or any personal services by an
22		employee whose compensation is subject to income tax
23		withholding must be performed as of June 30 of the fiscal year
24		in order to be considered an "outstanding liability as of June
25		30" that is thereby eligible for payment out of the expiring
26		appropriation.
27		However, payment of tuition reimbursement claims under
28		Section 14-7.03 or 18-3 of the School Code may be made by the
29		State Board of Education from its appropriations for those
30		respective purposes for any fiscal year, even though the claims
31		reimbursed by the payment may be claims attributable to a prior
32		fiscal year, and payments may be made at the direction of the
33		State Superintendent of Education from the fund from which the
34		appropriation is made without regard to any fiscal year
35		limitations.

1		Medical payments may be made by the Department of Veterans'
2		Affairs from its appropriations for those purposes for any
3		fiscal year, without regard to the fact that the medical
4		services being compensated for by such payment may have been
5		rendered in a prior fiscal year.
6		Medical payments may be made by the Department of Public
7		Aid and child care payments may be made by the Department of
8		Human Services (as successor to the Department of Public Aid)
9		from appropriations for those purposes for any fiscal year,
10		without regard to the fact that the medical or child care
11		services being compensated for by such payment may have been
12		rendered in a prior fiscal year; and payments may be made at
13		the direction of the Department of Central Management Services
14		from the Health Insurance Reserve Fund and the Local Government
15		Health Insurance Reserve Fund without regard to any fiscal year
16		limitations.
17		Additionally, payments may be made by the Department of
18		Human Services from its appropriations, or any other State
19		agency from its appropriations with the approval of the
20		Department of Human Services, from the Immigration Reform and
21		Control Fund for purposes authorized pursuant to the
22		Immigration Reform and Control Act of 1986, without regard to
23		any fiscal year limitations.
24		Further, with respect to costs incurred in fiscal years
25		2002 and 2003 only, payments may be made by the State Treasurer
26		from its appropriations from the Capital Litigation Trust Fund
27		without regard to any fiscal year limitations.
28		Lease payments may be made by the Department of Central
29		Management Services under the sale and leaseback provisions of
30		Section 7.4 of the State Property Control Act with respect to
31		the James R. Thompson Center and the Elgin Mental Health Center
32		and surrounding land from appropriations for that purpose
33		without regard to any fiscal year limitations.
34		Lease payments may be made under the sale and leaseback
35		provisions of Section 7.5 of the State Property Control Act
36		with respect to the Illinois State Toll Highway Authority

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

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

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

22		Section 10-105. The State Officers and Employees Money
23		Disposition Act is amended by adding Section 5a as follows:
24		(30 ILCS 230/5a new)
25		Sec. 5a. The Secretary of State shall deposit all fees into
26		the funds specified in the statute imposing or authorizing the
27		fee no more than 30 days after receipt of the fee by the
28		Secretary of State.

29		Section 10-110. The General Obligation Bond Act is amended
30		by changing Sections 2, 8, 9, 11, and 16 and by adding Sections
31		2.5, 15.5, and 21 as follows:
32		(30 ILCS 330/2) (from Ch. 127, par. 652)

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

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

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

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

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

1		Bonds to sell or redeem their Bonds. The State may enter into
2		contracts and may agree to pay fees to persons providing such
3		arrangements, but only under circumstances where the Director
4		of the Governor's Office of Management and Budget certifies
5		that he or she reasonably expects the total interest paid or to
6		be paid on the Bonds, together with the fees for the
7		arrangements (being treated as if interest), would not, taken
8		together, cause the Bonds to bear interest, calculated to their
9		stated maturity, at a rate in excess of the rate that the Bonds
10		would bear in the absence of such arrangements.
11		The State may, with respect to Bonds issued or anticipated
12		to be issued, participate in and enter into arrangements with
13		respect to interest rate protection or exchange agreements,
14		guarantees, or financial futures contracts for the purpose of
15		limiting, reducing, or managing interest rate exposure. The
16		authority granted under this paragraph, however, shall not
17		increase the principal amount of Bonds authorized to be issued
18		by law. The arrangements may be executed and delivered by the
19		Director of the Governor's Office of Management and Budget on
20		behalf of the State. Net payments for such arrangements shall
21		constitute interest on the Bonds and shall be paid from the
22		General Obligation Bond Retirement and Interest Fund. The
23		Director of the Governor's Office of Management and Budget
24		shall at least annually certify to the Governor and the State
25		Comptroller his or her estimate of the amounts of such net
26		payments to be included in the calculation of interest required
27		to be paid by the State.
28		(c) Prior to the issuance of any Variable Rate Bonds
29		pursuant to subsection (a), the Director of the Governor's
30		Office of Management and Budget shall adopt an interest rate
31		risk management policy providing that the amount of the State's
32		variable rate exposure with respect to Bonds shall not exceed
33		20%. This policy shall remain in effect while any Bonds are
34		outstanding and the issuance of Bonds shall be subject to the
35		terms of such policy. The terms of this policy may be amended
36		from time to time by the Director of the Governor's Office of

1		Management and Budget but in no event shall any amendment cause
2		the permitted level of the State's variable rate exposure with
3		respect to Bonds to exceed 20%.
4		(Source: P.A. 92-16, eff. 6-28-01; 93-9, eff. 6-3-03; 93-666,
5		eff. 3-5-04.)
6		(30 ILCS 330/11) (from Ch. 127, par. 661)
7		Sec. 11. Sale of Bonds. Except as otherwise provided in
8		this Section, Bonds shall be sold from time to time pursuant to
9		notice of sale and public bid or by negotiated sale in such
10		amounts and at such times as is directed by the Governor, upon
11		recommendation by the Director of the Governor's Office of
12		Management and Budget. At least 25%, based on total principal
13		amount, of all Bonds issued each fiscal year shall be sold
14		pursuant to notice of sale and public bid. At all times during
15		each fiscal year, no more than 75%, based on total principal
16		amount, of the Bonds issued each fiscal year, shall have been
17		sold by negotiated sale. Failure to satisfy the requirements in
18		the preceding 2 sentences shall not affect the validity of any
19		previously issued Bonds Bureau of the Budget.
20		If any Bonds, including refunding Bonds, are to be sold by
21		negotiated sale, the Director of the Governor's Office of
22		Management and Budget Bureau of the Budget shall comply with
23		the competitive request for proposal process set forth in the
24		Illinois Procurement Code and all other applicable
25		requirements of that Code.
26		If Bonds are to be sold pursuant to notice of sale and
27		public bid, the Director of the Governor's Office of Management
28		and Budget Bureau of the Budget shall, from time to time, as
29		Bonds are to be sold, advertise the sale of the Bonds in at
30		least 2 two daily newspapers, one of which is published in the
31		City of Springfield and one in the City of Chicago. The sale of
32		the Bonds shall also be advertised in the volume of the
33		Illinois Procurement Bulletin that is published by the
34		Department of Central Management Services. Each of the
35		advertisements for proposals shall be published once at least

1		10 days prior to the date fixed for the opening of the bids.
2		The Director of the Governor's Office of Management and Budget
3		Bureau of the Budget may reschedule the date of sale upon the
4		giving of such additional notice as the Director deems adequate
5		to inform prospective bidders of such change; provided,
6		however, that all other conditions of the sale shall continue
7		as originally advertised.
8		Executed Bonds shall, upon payment therefor, be delivered
9		to the purchaser, and the proceeds of Bonds shall be paid into
10		the State Treasury as directed by Section 12 of this Act.
11		(Source: P.A. 91-39, eff. 6-15-99; revised 8-23-03.)
12		(30 ILCS 330/15.5 new)
13		Sec. 15.5. Compliance with the Business Enterprise for
14		Minorities, Females, and Persons with Disabilities Act.
15		Notwithstanding any other provision of law, the Governor's
16		Office of Management and Budget shall comply with the Business
17		Enterprise for Minorities, Females, and Persons with
18		Disabilities Act.
19		(30 ILCS 330/16) (from Ch. 127, par. 666)
20		Sec. 16. Refunding Bonds. The State of Illinois is
21		authorized to issue, sell, and provide for the retirement of
22		General Obligation Bonds of the State of Illinois in the amount
23		of $2,839,025,000, at any time and from time to time
24		outstanding, for the purpose of refunding any State of Illinois
25		general obligation Bonds then outstanding, including the
26		payment of any redemption premium thereon, any reasonable
27		expenses of such refunding, any interest accrued or to accrue
28		to the earliest or any subsequent date of redemption or
29		maturity of such outstanding Bonds and any interest to accrue
30		to the first interest payment on the refunding Bonds; provided
31		that all non-refunding Bonds in an issue that includes such
32		refunding Bonds shall mature no later than the final maturity
33		date of Bonds being refunded; provided that no refunding Bonds
34		shall be offered for sale unless the net present value of debt

1		service savings to be achieved by the issuance of the refunding
2		Bonds is 3% or more of the principal amount of the refunding
3		Bonds to be issued; and further provided that the maturities of
4		the refunding Bonds shall not extend beyond the maturities of
5		the Bonds they refund, so that for each fiscal year in the
6		maturity schedule of a particular issue of refunding Bonds, the
7		total amount of refunding principal maturing and redemption
8		amounts due in that fiscal year and all prior fiscal years in
9		that schedule shall be greater than or equal to the total
10		amount of refunded principal and redemption amounts that had
11		been due over that year and all prior fiscal years prior to the
12		refunding.
13		Refunding Bonds may be sold from time to time pursuant to
14		notice of sale and public bid or by negotiated sale in such
15		amounts and at such times, as directed by the Governor, upon
16		recommendation by the Director of the Bureau of the Budget. The
17		Governor shall notify the State Treasurer and Comptroller of
18		such refunding. The proceeds received from the sale of
19		refunding Bonds shall be used for the retirement at maturity or
20		redemption of such outstanding Bonds on any maturity or
21		redemption date and, pending such use, shall be placed in
22		escrow, subject to such terms and conditions as shall be
23		provided for in the Bond Sale Order relating to the Refunding
24		Bonds. Proceeds not needed for deposit in an escrow account
25		shall be deposited in the General Obligation Bond Retirement
26		and Interest Fund. This Act shall constitute an irrevocable and
27		continuing appropriation of all amounts necessary to establish
28		an escrow account for the purpose of refunding outstanding
29		general obligation Bonds and to pay the reasonable expenses of
30		such refunding and of the issuance and sale of the refunding
31		Bonds. Any such escrowed proceeds may be invested and
32		reinvested in direct obligations of the United States of
33		America, maturing at such time or times as shall be appropriate
34		to assure the prompt payment, when due, of the principal of and
35		interest and redemption premium, if any, on the refunded Bonds.
36		After the terms of the escrow have been fully satisfied, any

1		remaining balance of such proceeds and interest, income and
2		profits earned or realized on the investments thereof shall be
3		paid into the General Revenue Fund. The liability of the State
4		upon the Bonds shall continue, provided that the holders
5		thereof shall thereafter be entitled to payment only out of the
6		moneys deposited in the escrow account.
7		Except as otherwise herein provided in this Section, such
8		refunding Bonds shall in all other respects be subject to the
9		terms and conditions of this Act.
10		(Source: P.A. 91-39, eff. 6-15-99; 91-53, eff. 6-30-99; 91-710,
11		eff. 5-17-00; revised 8-23-03.)
12		(30 ILCS 330/21 new)
13		Sec. 21. Truth in borrowing disclosures.
14		(a) Within 20 business days after the issuance of any Bonds
15		under this Act, the Director of the Governor's Office of
16		Management and Budget shall publish a truth in borrowing
17		disclosure that discloses the total principal and interest
18		payments to be paid on the Bonds over the full stated term of
19		the Bonds. The disclosure also shall include principal and
20		interest payments to be made by each fiscal year over the full
21		stated term of the Bonds and total principal and interest
22		payments to be made by each fiscal year on all other
23		outstanding Bonds issued under this Act over the full stated
24		terms of those Bonds.
25		(b) Within 20 business days after the issuance of any
26		refunding bonds under Section 16 of this Act, the Director of
27		the Governor's Office of Management and Budget shall publish a
28		truth in borrowing disclosure that discloses the estimated
29		present-valued savings to be obtained through the refunding, in
30		total and by each fiscal year that the refunding Bonds may be
31		outstanding.
32		(c) The disclosures required in subsections (a) and (b)
33		shall be published by posting the disclosures for no less than
34		30 days on the web site of the Governor's Office of Management
35		and Budget and by providing the disclosures in written form to

1		the Illinois Economic and Fiscal Commission. These disclosures
2		shall be calculated assuming Bonds are not redeemed or refunded
3		prior to their stated maturities. Amounts included in these
4		disclosures as payment of interest on variable rate Bonds shall
5		be computed at an interest rate equal to the rate at which the
6		variable rate Bonds are first set upon issuance, plus 2.5%,
7		after taking into account any credits permitted in the related
8		indenture or other instrument against the amount of such
9		interest for each fiscal year. Amounts included in these
10		disclosures as payment of interest on variable rate Bonds shall
11		include the amounts certified by the Director of the Governor's
12		Office of Management and Budget under subsection (b) of Section
13		9 of this Act.

14		Section 10-115. The Metropolitan Civic Center Support Act
15		is amended by changing Section 14 as follows:
16		(30 ILCS 355/14) (from Ch. 85, par. 1397g)
17		Sec. 14. (a) To provide for the manner of repayment of
18		Bonds, the Governor shall include an appropriation in each
19		annual State Budget of monies in such amount as shall be
20		necessary and sufficient, for the period covered by such
21		budget, to pay the interest, as it shall accrue, on all Bonds
22		issued under this Act, to pay and discharge the principal of
23		such Bonds as shall, by their terms fall due during such period
24		and to pay a premium, if any, on Bonds to be redeemed prior to
25		the maturity date and to replenish any reserve fund as may be
26		required under any trust indenture.
27		(b) A separate fund in the State Treasury called the
28		"Illinois Civic Center Bond Retirement and Interest Fund" is
29		hereby created.
30		(c) The Governor's Office of Management and Budget
31		Department shall pay subject to annual appropriation by the
32		General Assembly the principal of, interest on, and premium, if
33		any, on Bonds sold under this Act from the Bond Retirement
34		Fund.

1		(Source: P.A. 84-245.)

2		Section 10-120. The Build Illinois Bond Act is amended by
3		changing Sections 3, 5, 6, 8, 9, and 15 and by adding Sections
4		8.3 and 8.5 as follows:
5		(30 ILCS 425/3) (from Ch. 127, par. 2803)
6		Sec. 3. Findings. The General Assembly hereby makes the
7		following findings and determinations:
8		(a) The issuance and sale of Bonds pursuant to this Act is
9		an economical and efficient method of financing long-term
10		capital needs, including certain of the purposes of the State,
11		as set forth in Section 4 hereof.
12		(b) This Act will permit the issuance of Bonds, from time
13		to time, for various purposes and with varying terms, features
14		and conditions in order to enhance marketability and lower
15		interest costs incurred by the State. Subsection (a) of Section
16		6 of this Act authorizes the issuance, from time to time, of
17		Bonds in one or more series, in such principal amounts, bearing
18		interest at such fixed rates or variable rates and having such
19		other terms and provisions as designated State officers may fix
20		and determine pursuant to the authority delegated under this
21		Act. Subsection (b) of Section 6 of this Act authorizes, in
22		connection with the issuance of and as security for any series
23		of Bonds, the purchase of bond or interest rate insurance, the
24		establishment of credit and liquidity enhancement arrangements
25		with financial institutions, and participation in interest
26		rate swaps or guarantee agreements or other arrangements to
27		limit interest rate risk.
28		(c) The financing of the facilities and other purposes
29		described in Section 4 of this Act through the issuance of
30		Bonds will involve numerous expenditures over extended periods
31		of time, all of which expenditures shall be made only pursuant
32		to and in conformity with appropriations from Bond proceeds by
33		the General Assembly prior to the making of such expenditures.
34		(d) Determinations with respect to (i) advantageous timing

1		and amounts of such expenditures for particular approved
2		facilities or purposes, (ii) establishing an advantageous mix
3		of short-term and long-term debt instruments under bond market
4		conditions prevailing from time to time, and (iii) specific
5		allocations of Bond proceeds to particular facilities and
6		purposes should be based upon financial, engineering and
7		construction management judgments made from time to time.
8		(e) The State's ability to issue Bonds from time to time,
9		without further action by the General Assembly, in separate
10		series, in various principal amounts and with various interest
11		rates, maturities, redemption provisions and other terms will
12		enhance the State's opportunities to obtain such financing as
13		needed, upon favorable terms.
14		In order to provide for flexibility in meeting the
15		financial, engineering and construction needs of the State and
16		its agencies and departments and in order to provide continuing
17		and adequate financing for the aforesaid purposes on favorable
18		terms, the delegations of authority to the Governor, the
19		Director of the Governor's Office of Management and Budget
20		Bureau of the Budget, the State Comptroller, the State
21		Treasurer and other officers of the State which are contained
22		in this Act are necessary and desirable because this General
23		Assembly cannot itself as understandingly, advantageously,
24		expeditiously or conveniently exercise such authority and make
25		such specific determinations.
26		(Source: P.A. 84-111; revised 8-23-03.)
27		(30 ILCS 425/5) (from Ch. 127, par. 2805)
28		Sec. 5. Bond Sale Expenses.
29		(a) An amount not to exceed 0.5% of the principal amount of
30		the proceeds of the sale of each bond sale is authorized to be
31		used to pay necessary to pay the reasonable costs of each
32		issuance and sale of Bonds authorized and sold pursuant to this
33		Act, including, without limitation, underwriter's discounts
34		and fees, but excluding bond insurance, advertising, printing,
35		bond rating, travel of outside vendors, security, delivery,

1		legal and financial advisory services, insurance, initial fees
2		of trustees, registrars, paying agents and other fiduciaries,
3		initial costs of credit or liquidity enhancement arrangements,
4		initial fees of indexing and remarketing agents, and initial
5		costs of interest rate swaps, guarantees or arrangements to
6		limit interest rate risk, as determined in the related Bond
7		Sale Order, is hereby authorized to be paid from the proceeds
8		of each Bond sale, provided that no salaries of State employees
9		or other State office operating expenses shall be paid out of
10		non-appropriated proceeds. The Governor's Office of Management
11		and Budget shall compile a summary of all costs of issuance on
12		each sale (including both costs paid out of proceeds and those
13		paid out of appropriated funds) and post that summary on its
14		web site within 20 business days after the issuance of the
15		bonds. That posting shall be maintained on the web site for a
16		period of at least 30 days. In addition, the Governor's Office
17		of Management and Budget shall provide a written copy of each
18		summary of costs to the Speaker and Minority Leader of the
19		House of Representatives, the President and Minority Leader of
20		the Senate, and the Illinois Economic and Fiscal Commission
21		within 20 business days after each issuance of the bonds. This
22		summary shall include, as applicable, the respective
23		percentage of participation and compensation of each
24		underwriter that is a member of the underwriting syndicate,
25		legal counsel, financial advisors, and other professionals for
26		the Bond issue, and an identification of all costs of issuance
27		paid to minority owned businesses, female owned businesses, and
28		businesses owned by persons with disabilities. The terms
29		"minority owned businesses", "female owned businesses", and
30		"business owned by a person with a disability" have the
31		meanings given to those terms in the Business Enterprise for
32		Minorities, Females, and Persons with Disabilities Act. In
33		addition, the Governor's Office of Management and Budget shall
34		provide copies of all contracts under which any costs of
35		issuance are paid or to be paid to the Illinois Economic and
36		Fiscal Commission within 20 business days after the issuance of

1		Bonds for which those costs are paid or to be paid. Instead of
2		filing a second or subsequent copy of the same contract, the
3		Governor's Office of Management and Budget may file a statement
4		that specified costs are paid under specified contracts filed
5		earlier with the Commission.
6		(b) The Director of the Governor's Office of Management and
7		Budget shall not, in connection with the issuance of Bonds,
8		contract with any underwriter, financial advisor, or attorney
9		unless that underwriter, financial advisor, or attorney
10		certifies that the underwriter, financial advisor, or attorney
11		has not and will not pay a contingent fee, whether directly or
12		indirectly, to any third party for having promoted the
13		selection of the underwriter, financial advisor, or attorney
14		for that contract. In the event that the Governor's Office of
15		Management and Budget determines that an underwriter,
16		financial advisor, or attorney has filed a false certification
17		with respect to the payment of contingent fees, the Governor's
18		Office of Management and Budget shall not contract with that
19		underwriter, financial advisor, or attorney, or with any firm
20		employing any person who signed false certifications, for a
21		period of 2 calendar years, beginning with the date the
22		determination is made. The validity of Bonds issued under such
23		circumstances of violation pursuant to this Section shall not
24		be affected.
25		(Source: P.A. 84-111.)
26		(30 ILCS 425/6) (from Ch. 127, par. 2806)
27		Sec. 6. Conditions for Issuance and Sale of Bonds -
28		Requirements for Bonds - Master and Supplemental Indentures -
29		Credit and Liquidity Enhancement. (a) Bonds shall be issued and
30		sold from time to time, in one or more series, in such amounts
31		and at such prices as directed by the Governor, upon
32		recommendation by the Director of the Governor's Office of
33		Management and Budget Bureau of the Budget. Bonds shall be
34		payable only from the specific sources and secured in the
35		manner provided in this Act. Bonds shall be in such form, in

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

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

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

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

1		public bid, the Director of the Governor's Office of Management
2		and Budget shall, from time to time, as Bonds are to be sold,
3		advertise the sale of the Bonds in at least 2 daily newspapers,
4		one of which is published in the City of Springfield and one in
5		the City of Chicago. The sale of the Bonds shall also be
6		advertised in the volume of the Illinois Procurement Bulletin
7		that is published by the Department of Central Management
8		Services. Each of the advertisements for proposals shall be
9		published once at least 10 days prior to the date fixed for the
10		opening of the bids. The Director of the Governor's Office of
11		Management and Budget may reschedule the date of sale upon the
12		giving of such additional notice as the Director deems adequate
13		to inform prospective bidders of the change; provided, however,
14		that all other conditions of the sale shall continue as
15		originally advertised. Bonds shall be sold from time to time
16		pursuant to advertised notice of sale and public bid or by
17		negotiated sale as the Director of the Bureau of the Budget
18		shall, in his sole discretion, determine in order to market the
19		Bonds in an economic, effective manner. Executed Bonds shall,
20		upon payment therefor, be delivered to the purchaser, and the
21		proceeds of Bonds shall be paid into the State Treasury as
22		directed by Section 9 of this Act. The Governor or the Director
23		of the Governor's Office of Management and Budget Bureau of the
24		Budget is hereby authorized and directed to execute and deliver
25		contracts of sale with underwriters and to execute and deliver
26		such certificates, indentures, agreements and documents,
27		including any supplements or amendments thereto, and to take
28		such actions and do such things as shall be necessary or
29		desirable to carry out the purposes of this Act. Any action
30		authorized or permitted to be taken by the Director of the
31		Governor's Office of Management and Budget Bureau of the Budget
32		pursuant to this Act is hereby authorized to be taken by any
33		person specifically designated by the Governor to take such
34		action in a certificate signed by the Governor and filed with
35		the Secretary of State.
36		(Source: P.A. 84-111; revised 8-23-03.)

1		(30 ILCS 425/8.3 new)
2		Sec. 8.3. Compliance with the Business Enterprise for
3		Minorities, Females, and Persons with Disabilities Act.
4		Notwithstanding any other provision of law, the Governor's
5		Office of Management and Budget shall comply with the Business
6		Enterprise for Minorities, Females, and Persons with
7		Disabilities Act.
8		(30 ILCS 425/8.5 new)
9		Sec. 8.5. Truth in borrowing disclosures.
10		(a) Within 20 business days after the issuance of any Bonds
11		under this Act, the Director of the Governor's Office of
12		Management and Budget shall publish a truth in borrowing
13		disclosure that discloses the total principal and interest
14		payments to be paid on the Bonds over the full stated term of
15		the Bonds. The disclosure also shall include principal and
16		interest payments to be made by each fiscal year over the full
17		stated term of the Bonds and total principal and interest
18		payments to be made by each fiscal year on all other
19		outstanding Bonds issued under this Act over the full stated
20		terms of those Bonds.
21		(b) Within 20 business days after the issuance of any
22		refunding bonds under Section 15 of this Act, the Director of
23		the Governor's Office of Management and Budget shall publish a
24		truth in borrowing disclosure that discloses the estimated
25		present-valued savings to be obtained through the refunding, in
26		total and by each fiscal year that the refunding Bonds may be
27		outstanding.
28		(c) The disclosures required in subsections (a) and (b)
29		shall be published by posting the disclosures for no less than
30		30 days on the web site of the Governor's Office of Management
31		and Budget and by providing the disclosures in written form to
32		the Illinois Economic and Fiscal Commission. These disclosures
33		shall be calculated assuming Bonds are not redeemed or refunded
34		prior to their stated maturities. Amounts included in these

1		disclosures as payment of interest on variable rate Bonds shall
2		be computed at an interest rate equal to the rate at which the
3		variable rate Bonds are first set upon issuance, plus 2.5%,
4		after taking into account any credits permitted in the related
5		indenture or other instrument against the amount of such
6		interest for each fiscal year. Amounts included in these
7		disclosures as payments of interest shall include those amounts
8		paid pursuant to arrangements authorized pursuant to
9		subsection (b) of Section 6 of this Act.
10		(30 ILCS 425/9) (from Ch. 127, par. 2809)
11		Sec. 9. Allocation of Proceeds from Sale of Bonds. Proceeds
12		from the sale of Bonds (other than refunding Bonds) shall be
13		deposited in the separate fund in the State Treasury known as
14		the Build Illinois Bond Fund and shall be expended only
15		pursuant to appropriation by the General Assembly. Proceeds to
16		be deposited into any debt service or reserve funds as may be
17		required under any trust indenture shall be paid from the Build
18		Illinois Bond Fund to the trustee under the trust indenture
19		specified in the Bond Sale Order at the time of the delivery of
20		the Bonds and proceeds to be used to pay expenses of issuance
21		and sale shall be paid from the Build Illinois Bond Fund as
22		directed in the Bond Sale Order. Accrued interest paid to the
23		State at the time of the delivery of any series of Bonds shall
24		be deposited into the Build Illinois Bond Retirement and
25		Interest Fund in the State Treasury and shall be paid
26		immediately from that Fund to the trustee under the trust
27		indenture specified in the Bond Sale Order.
28		(Source: P.A. 86-44.)
29		(30 ILCS 425/15) (from Ch. 127, par. 2815)
30		Sec. 15. Refunding Bonds. Refunding Bonds are hereby
31		authorized for the purpose of refunding any outstanding Bonds,
32		including the payment of any redemption premium thereon, any
33		reasonable expenses of such refunding, and any interest accrued
34		or to accrue to the earliest or any subsequent date of

1		redemption or maturity of outstanding Bonds; provided that all
2		non-refunding Bonds in an issue that includes such refunding
3		Bonds shall mature no later than the final maturity date of
4		Bonds being refunded; provided that no refunding Bonds shall be
5		offered for sale unless the net present value of debt service
6		savings to be achieved by the issuance of the refunding Bonds
7		is 3% or more of the principal amount of the refunding Bonds to
8		be issued; and further provided that the maturities of the
9		refunding Bonds shall not extend beyond the maturities of the
10		Bonds they refund, so that for each fiscal year in the maturity
11		schedule of a particular issue of refunding Bonds, the total
12		amount of refunding principal maturing and redemption amounts
13		due in that fiscal year and all prior fiscal years in that
14		schedule shall be greater than or equal to the total amount of
15		refunded principal and redemption amounts that had been due
16		over that year and all prior fiscal years prior to the
17		refunding.
18		Refunding Bonds may be sold in such amounts and at such
19		times, as directed by the Governor upon recommendation by the
20		Director of the Governor's Office of Management and Budget
21		Bureau of the Budget. The Governor shall notify the State
22		Treasurer and Comptroller of such refunding. The proceeds
23		received from the sale of refunding Bonds shall be used for the
24		retirement at maturity or redemption of such outstanding Bonds
25		on any maturity or redemption date and, pending such use, shall
26		be placed in escrow, subject to such terms and conditions as
27		shall be provided for in the Bond Sale Order relating to the
28		refunding Bonds. This Act shall constitute an irrevocable and
29		continuing appropriation of all amounts necessary to establish
30		an escrow account for the purpose of refunding outstanding
31		Bonds and to pay the reasonable expenses of such refunding and
32		of the issuance and sale of the refunding Bonds. Any such
33		escrowed proceeds may be invested and reinvested in direct
34		obligations of the United States of America, maturing at such
35		time or times as shall be appropriate to assure the prompt
36		payment, when due, of the principal of and interest and

1		redemption premium, if any, on the refunded Bonds. After the
2		terms of the escrow have been fully satisfied, any remaining
3		balance of such proceeds and interest, income and profits
4		earned or realized on the investments thereof shall be paid
5		into the General Revenue Fund. The liability of the State upon
6		the refunded Bonds shall continue, provided that the holders
7		thereof shall thereafter be entitled to payment only out of the
8		moneys deposited in the escrow account and the refunded Bonds
9		shall be deemed paid, discharged and no longer to be
10		outstanding.
11		Except as otherwise herein provided in this Section, such
12		refunding Bonds shall in all other respects be issued pursuant
13		to and subject to the terms and conditions of this Act and
14		shall be secured by and payable from only the funds and sources
15		which are provided under this Act.
16		(Source: P.A. 84-111; revised 8-23-03.)

17		Section 10-130. The Illinois Procurement Code is amended by
18		changing Sections 5-5, 5-25, and 40-15 and by adding Sections
19		5-30, 20-150, 25-200, 30-150, 35-150, 40-55, 40-150, and 53-150
20		as follows:
21		(30 ILCS 500/5-5)
22		Sec. 5-5. Procurement Policy Board.
23		(a) Creation. There is created a Procurement Policy Board,
24		an agency of the State of Illinois.
25		(b) Authority and duties. The Board shall have the
26		authority and responsibility to review, comment upon, and
27		recommend, consistent with this Code, rules and practices
28		governing the procurement, management, control, and disposal
29		of supplies, services, professional or artistic services,
30		construction, and real property and capital improvement leases
31		procured by the State.
32		Upon a three-fifths vote of its members, the Board may
33		review a contract. Upon a three-fifths vote of its members, the
34		Board may propose procurement rules for consideration by chief

1		procurement officers. These proposals shall be published in
2		each volume of the Procurement Bulletin. Except as otherwise
3		provided by law, the Board shall act upon the vote of a
4		majority of its members who have been appointed and are
5		serving.
6		(b-5) Reviews, studies, and hearings. The Board may review,
7		study, and hold public hearings concerning the implementation
8		and administration of this Code. Each chief procurement
9		officer, associate procurement officer, State purchasing
10		officer, and State agency shall cooperate with the Board,
11		provide information to the Board, and be responsive to the
12		Board in the Board's conduct of its reviews, studies, and
13		hearings.
14		(c) Members. The Board shall consist of 5 members appointed
15		one each by the 4 legislative leaders and the Governor. Each
16		member shall have demonstrated sufficient business or
17		professional experience in the area of procurement to perform
18		the functions of the Board. No member may be a member of the
19		General Assembly.
20		(d) Terms. Of the initial appointees, the Governor shall
21		designate one member, as Chairman, to serve a one-year term,
22		the President of the Senate and the Speaker of the House shall
23		each appoint one member to serve 3-year terms, and the Minority
24		Leader of the House and the Minority Leader of the Senate shall
25		each appoint one member to serve 2-year terms. Subsequent terms
26		shall be 4 years. Members may be reappointed for succeeding
27		terms.
28		(e) Reimbursement. Members shall receive no compensation
29		but shall be reimbursed for any expenses reasonably incurred in
30		the performance of their duties.
31		(f) Staff support. Upon a three-fifths vote of its members,
32		the Board may employ an executive director. Subject to
33		appropriation, the Board also may employ a reasonable and
34		necessary number of have up to 3 staff persons. Other support
35		services shall be provided by the chief procurement officers.
36		(g) Meetings. Meetings of the Board may be conducted

1		telephonically, electronically, or through the use of other
2		telecommunications. Written minutes of such meetings shall be
3		created and available for public inspection and copying.
4		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
5		(30 ILCS 500/5-25)
6		Sec. 5-25. Rulemaking authority; agency policy; agency
7		response.
8		(a) Rulemaking. A State agency authorized to make
9		procurements under this Code shall have the authority to
10		promulgate rules to carry out that authority. That rulemaking
11		on specific procurement topics is mentioned in specific
12		Sections of this Code shall not be construed as prohibiting or
13		limiting rulemaking on other procurement topics.
14		All rules shall be promulgated in accordance with the
15		Illinois Administrative Procedure Act. Contractual provisions,
16		specifications, and procurement descriptions are not rules and
17		are not subject to the Illinois Administrative Procedure Act.
18		All rules other than those promulgated by the Board shall be
19		presented in writing to the Board for its review and comment.
20		The Board shall express its opinions and recommendations in
21		writing. Both the proposed rules and Board recommendations
22		shall be made available for public review. The rules shall also
23		be approved by the applicable chief procurement officer and the
24		Joint Committee on Administrative Rules.
25		(b) Policy. Each chief procurement officer, associate
26		procurement officer, and State agency shall promptly notify the
27		Procurement Policy Board in writing of any proposed new
28		procurement rule or policy or any proposed change in an
29		existing procurement rule or policy.
30		(c) Response. Each State agency must respond promptly in
31		writing to all inquiries and comments of the Procurement Policy
32		Board.
33		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
34		(30 ILCS 500/5-30 new)

1		Sec. 5-30. Proposed contracts; Procurement Policy Board.
2		(a) Except as provided in subsection (c), within 30 days
3		after notice of the awarding or letting of a contract has
4		appeared in the Procurement Bulletin in accordance with
5		subsection (b) of Section 15-25, the Board may request in
6		writing from the contracting agency and the contracting agency
7		shall promptly, but in no event later than 5 business days
8		after receipt of the request, provide to the Board, by
9		electronic or other means satisfactory to the Board,
10		documentation in the possession of the contracting agency
11		concerning the proposed contract. Nothing in this subsection is
12		intended to waive or abrogate any privilege or right of
13		confidentiality authorized by law.
14		(b) No contract subject to this Section may be entered into
15		until the 30-day period described in subsection (a) has
16		expired, unless the contracting agency requests in writing that
17		the Board waive the period and the Board grants the waiver in
18		writing.
19		(c) This Section does not apply to (i) contracts entered
20		into under this Code for small and emergency procurements as
21		those procurements are defined in Article 20 and (ii) contracts
22		for professional and artistic services that are nonrenewable,
23		one year or less in duration, and have a value of less than
24		$20,000. If requested in writing by the Board, however, the
25		contracting agency must promptly, but in no event later than 8
26		business days after receipt of the request, transmit to the
27		Board a copy of the contract for an emergency procurement and
28		documentation in the possession of the contracting agency
29		concerning the contract.
30		(30 ILCS 500/20-150 new)
31		Sec. 20-150. Proposed contracts; Procurement Policy Board.
32		This Article is subject to Section 5-30 of this Code.
33		(30 ILCS 500/25-200 new)
34		Sec. 25-200. Proposed contracts; Procurement Policy Board.

1		This Article is subject to Section 5-30 of this Code.
2		(30 ILCS 500/30-150 new)
3		Sec. 30-150. Proposed contracts; Procurement Policy Board.
4		This Article is subject to Section 5-30 of this Code.
5		(30 ILCS 500/35-150 new)
6		Sec. 35-150. Proposed contracts; Procurement Policy Board.
7		This Article is subject to Section 5-30 of this Code.
8		(30 ILCS 500/40-15)
9		Sec. 40-15. Method of source selection.
10		(a) Request for information. Except as provided in
11		subsections (b) and (c), all State contracts for leases of real
12		property or capital improvements shall be awarded by a request
13		for information process in accordance with Section 40-20.
14		(b) Other methods. A request for information process need
15		not be used in procuring any of the following leases:
16		(1) Property of less than 10,000 square feet.
17		(2) Rent of less than $100,000 per year.
18		(3) Duration of less than one year that cannot be
19		renewed.
20		(4) Specialized space available at only one location.
21		(5) Renewal or extension of a lease in effect before
22		July 1, 2002 1999; provided that: (i) the chief procurement
23		officer determines in writing that the renewal or extension
24		is in the best interest of the State; (ii) the chief
25		procurement officer submits his or her written
26		determination and the renewal or extension to the Board;
27		(iii) the Board does not object in writing to the renewal
28		or extension within 30 days after its submission; and (iv)
29		the chief procurement officer publishes the renewal or
30		extension in the appropriate volume of the Procurement
31		Bulletin.
32		(c) Leases with governmental units. Leases with other
33		governmental units may be negotiated without using the request

1		for information process when deemed by the chief procurement
2		officer to be in the best interest of the State.
3		(Source: P.A. 93-133, eff. 1-1-04.)
4		(30 ILCS 500/40-55 new)
5		Sec. 40-55. Lessor's failure to make improvements. Each
6		lease must provide for a penalty upon the lessor's failure to
7		make improvements agreed upon in the lease. The penalty shall
8		consist of a reduction in lease payments equal to the
9		corresponding percentage of the improvement value to the lease
10		value. The penalty shall continue until the lessor complies
11		with the lease and the improvements are certified by the chief
12		procurement officer and the leasing State agency.
13		(30 ILCS 500/40-150 new)
14		Sec. 40-150. Proposed contracts; Procurement Policy Board.
15		This Article is subject to Section 5-30 of this Code.
16		(30 ILCS 500/53-150 new)
17		Sec. 53-150. Proposed contracts; Procurement Policy Board.
18		This Article is subject to Section 5-30 of this Code.

19		Section 10-133. The Illinois Coal Technology Development
20		Assistance Act is amended by changing Section 3 as follows:
21		(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
22		Sec. 3. Transfers to Coal Technology Development
23		Assistance Funds. As soon as may be practicable after the first
24		day of each month, the Department of Revenue shall certify to
25		the Treasurer an amount equal to 1/64 of the revenue realized
26		from the tax imposed by the Electricity Excise Tax Law, Section
27		2 of the Public Utilities Revenue Act, Section 2 of the
28		Messages Tax Act, and Section 2 of the Gas Revenue Tax Act,
29		during the preceding month. Upon receipt of the certification,
30		the Treasurer shall transfer the amount shown on such
31		certification from the General Revenue Fund to the Coal

1		Technology Development Assistance Fund, which is hereby
2		created as a special fund in the State treasury, except that no
3		transfer shall be made in any month in which the Fund has
4		reached the following balance:
5		(1) $7,000,000 during fiscal year 1994.
6		(2) $8,500,000 during fiscal year 1995.
7		(3) $10,000,000 during fiscal years 1996 and 1997.
8		(4) During fiscal year 1998 through fiscal year 2004
9		and each year thereafter, an amount equal to the sum of
10		$10,000,000 plus additional moneys deposited into the Coal
11		Technology Development Assistance Fund from the Renewable
12		Energy Resources and Coal Technology Development Assistance
13		Charge under Section 6.5 of the Renewable Energy, Energy
14		Efficiency, and Coal Resources Development Law of 1997.
15		(5) During fiscal year 2005, an amount equal to the sum
16		of $7,000,000 plus additional moneys deposited into the
17		Coal Technology Development Assistance Fund from the
18		Renewable Energy Resources and Coal Technology Development
19		Assistance Charge under Section 6.5 of the Renewable
20		Energy, Energy Efficiency, and Coal Resources Development
21		Law of 1997.
22		(6) During fiscal year 2006 and each fiscal year
23		thereafter, an amount equal to the sum of $10,000,000 plus
24		additional moneys deposited into the Coal Technology
25		Development Assistance Fund from the Renewable Energy
26		Resources and Coal Technology Development Assistance
27		Charge under Section 6.5 of the Renewable Energy, Energy
28		Efficiency, and Coal Resources Development Law of 1997.
29		(Source: P.A. 90-561, eff. 12-16-97; 90-624, eff. 7-10-98.)

30		Section 10-135. The Illinois Income Tax Act is amended by
31		changing Section 901 as follows:
32		(35 ILCS 5/901) (from Ch. 120, par. 9-901)
33		Sec. 901. Collection Authority.
34		(a) In general.

1		The Department shall collect the taxes imposed by this Act.
2		The Department shall collect certified past due child support
3		amounts under Section 2505-650 of the Department of Revenue Law
4		(20 ILCS 2505/2505-650). Except as provided in subsections (c)
5		and (e) of this Section, money collected pursuant to
6		subsections (a) and (b) of Section 201 of this Act shall be
7		paid into the General Revenue Fund in the State treasury; money
8		collected pursuant to subsections (c) and (d) of Section 201 of
9		this Act shall be paid into the Personal Property Tax
10		Replacement Fund, a special fund in the State Treasury; and
11		money collected under Section 2505-650 of the Department of
12		Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
13		Child Support Enforcement Trust Fund, a special fund outside
14		the State Treasury, or to the State Disbursement Unit
15		established under Section 10-26 of the Illinois Public Aid
16		Code, as directed by the Department of Public Aid.
17		(b) Local Governmental Distributive Fund.
18		Beginning August 1, 1969, and continuing through June 30,
19		1994, the Treasurer shall transfer each month from the General
20		Revenue Fund to a special fund in the State treasury, to be
21		known as the "Local Government Distributive Fund", an amount
22		equal to 1/12 of the net revenue realized from the tax imposed
23		by subsections (a) and (b) of Section 201 of this Act during
24		the preceding month. Beginning July 1, 1994, and continuing
25		through June 30, 1995, the Treasurer shall transfer each month
26		from the General Revenue Fund to the Local Government
27		Distributive Fund an amount equal to 1/11 of the net revenue
28		realized from the tax imposed by subsections (a) and (b) of
29		Section 201 of this Act during the preceding month. Beginning
30		July 1, 1995, the Treasurer shall transfer each month from the
31		General Revenue Fund to the Local Government Distributive Fund
32		an amount equal to the net of (i) 1/10 of the net revenue
33		realized from the tax imposed by subsections (a) and (b) of
34		Section 201 of the Illinois Income Tax Act during the preceding
35		month (ii) minus, beginning July 1, 2003 and ending June 30,
36		2004, $6,666,666, and beginning July 1, 2004, zero. Net revenue

1		realized for a month shall be defined as the revenue from the
2		tax imposed by subsections (a) and (b) of Section 201 of this
3		Act which is deposited in the General Revenue Fund, the
4		Educational Assistance Fund and the Income Tax Surcharge Local
5		Government Distributive Fund during the month minus the amount
6		paid out of the General Revenue Fund in State warrants during
7		that same month as refunds to taxpayers for overpayment of
8		liability under the tax imposed by subsections (a) and (b) of
9		Section 201 of this Act.
10		(c) Deposits Into Income Tax Refund Fund.
11		(1) Beginning on January 1, 1989 and thereafter, the
12		Department shall deposit a percentage of the amounts
13		collected pursuant to subsections (a) and (b)(1), (2), and
14		(3), of Section 201 of this Act into a fund in the State
15		treasury known as the Income Tax Refund Fund. The
16		Department shall deposit 6% of such amounts during the
17		period beginning January 1, 1989 and ending on June 30,
18		1989. Beginning with State fiscal year 1990 and for each
19		fiscal year thereafter, the percentage deposited into the
20		Income Tax Refund Fund during a fiscal year shall be the
21		Annual Percentage. For fiscal years 1999 through 2001, the
22		Annual Percentage shall be 7.1%. For fiscal year 2003, the
23		Annual Percentage shall be 8%. For fiscal year 2004, the
24		Annual Percentage shall be 11.7%. Upon the effective date
25		of this amendatory Act of the 93rd General Assembly, the
26		Annual Percentage shall be 10% for fiscal year 2005. For
27		all other fiscal years, the Annual Percentage shall be
28		calculated as a fraction, the numerator of which shall be
29		the amount of refunds approved for payment by the
30		Department during the preceding fiscal year as a result of
31		overpayment of tax liability under subsections (a) and
32		(b)(1), (2), and (3) of Section 201 of this Act plus the
33		amount of such refunds remaining approved but unpaid at the
34		end of the preceding fiscal year, minus the amounts
35		transferred into the Income Tax Refund Fund from the
36		Tobacco Settlement Recovery Fund, and the denominator of

1		which shall be the amounts which will be collected pursuant
2		to subsections (a) and (b)(1), (2), and (3) of Section 201
3		of this Act during the preceding fiscal year; except that
4		in State fiscal year 2002, the Annual Percentage shall in
5		no event exceed 7.6%. The Director of Revenue shall certify
6		the Annual Percentage to the Comptroller on the last
7		business day of the fiscal year immediately preceding the
8		fiscal year for which it is to be effective.
9		(2) Beginning on January 1, 1989 and thereafter, the
10		Department shall deposit a percentage of the amounts
11		collected pursuant to subsections (a) and (b)(6), (7), and
12		(8), (c) and (d) of Section 201 of this Act into a fund in
13		the State treasury known as the Income Tax Refund Fund. The
14		Department shall deposit 18% of such amounts during the
15		period beginning January 1, 1989 and ending on June 30,
16		1989. Beginning with State fiscal year 1990 and for each
17		fiscal year thereafter, the percentage deposited into the
18		Income Tax Refund Fund during a fiscal year shall be the
19		Annual Percentage. For fiscal years 1999, 2000, and 2001,
20		the Annual Percentage shall be 19%. For fiscal year 2003,
21		the Annual Percentage shall be 27%. For fiscal year 2004,
22		the Annual Percentage shall be 32%. Upon the effective date
23		of this amendatory Act of the 93rd General Assembly, the
24		Annual Percentage shall be 24% for fiscal year 2005. For
25		all other fiscal years, the Annual Percentage shall be
26		calculated as a fraction, the numerator of which shall be
27		the amount of refunds approved for payment by the
28		Department during the preceding fiscal year as a result of
29		overpayment of tax liability under subsections (a) and
30		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
31		Act plus the amount of such refunds remaining approved but
32		unpaid at the end of the preceding fiscal year, and the
33		denominator of which shall be the amounts which will be
34		collected pursuant to subsections (a) and (b)(6), (7), and
35		(8), (c) and (d) of Section 201 of this Act during the
36		preceding fiscal year; except that in State fiscal year

1		2002, the Annual Percentage shall in no event exceed 23%.
2		The Director of Revenue shall certify the Annual Percentage
3		to the Comptroller on the last business day of the fiscal
4		year immediately preceding the fiscal year for which it is
5		to be effective.
6		(3) The Comptroller shall order transferred and the
7		Treasurer shall transfer from the Tobacco Settlement
8		Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
9		in January, 2001, (ii) $35,000,000 in January, 2002, and
10		(iii) $35,000,000 in January, 2003.
11		(d) Expenditures from Income Tax Refund Fund.
12		(1) Beginning January 1, 1989, money in the Income Tax
13		Refund Fund shall be expended exclusively for the purpose
14		of paying refunds resulting from overpayment of tax
15		liability under Section 201 of this Act, for paying rebates
16		under Section 208.1 in the event that the amounts in the
17		Homeowners' Tax Relief Fund are insufficient for that
18		purpose, and for making transfers pursuant to this
19		subsection (d).
20		(2) The Director shall order payment of refunds
21		resulting from overpayment of tax liability under Section
22		201 of this Act from the Income Tax Refund Fund only to the
23		extent that amounts collected pursuant to Section 201 of
24		this Act and transfers pursuant to this subsection (d) and
25		item (3) of subsection (c) have been deposited and retained
26		in the Fund.
27		(3) As soon as possible after the end of each fiscal
28		year, the Director shall order transferred and the State
29		Treasurer and State Comptroller shall transfer from the
30		Income Tax Refund Fund to the Personal Property Tax
31		Replacement Fund an amount, certified by the Director to
32		the Comptroller, equal to the excess of the amount
33		collected pursuant to subsections (c) and (d) of Section
34		201 of this Act deposited into the Income Tax Refund Fund
35		during the fiscal year over the amount of refunds resulting
36		from overpayment of tax liability under subsections (c) and

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

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

17		Section 10-140. The Cigarette Tax Act is amended by
18		changing Section 2 as follows:
19		(35 ILCS 130/2) (from Ch. 120, par. 453.2)
20		Sec. 2. Tax imposed; rate; collection, payment, and
21		distribution; discount.
22		(a) A tax is imposed upon any person engaged in business as
23		a retailer of cigarettes in this State at the rate of 5 1/2
24		mills per cigarette sold, or otherwise disposed of in the
25		course of such business in this State. In addition to any other
26		tax imposed by this Act, a tax is imposed upon any person
27		engaged in business as a retailer of cigarettes in this State
28		at a rate of 1/2 mill per cigarette sold or otherwise disposed
29		of in the course of such business in this State on and after
30		January 1, 1947, and shall be paid into the Metropolitan Fair
31		and Exposition Authority Reconstruction Fund. On and after
32		December 1, 1985, in addition to any other tax imposed by this
33		Act, a tax is imposed upon any person engaged in business as a
34		retailer of cigarettes in this State at a rate of 4 mills per

1		cigarette sold or otherwise disposed of in the course of such
2		business in this State. Of the additional tax imposed by this
3		amendatory Act of 1985, $9,000,000 of the moneys received by
4		the Department of Revenue pursuant to this Act shall be paid
5		each month into the Common School Fund. On and after the
6		effective date of this amendatory Act of 1989, in addition to
7		any other tax imposed by this Act, a tax is imposed upon any
8		person engaged in business as a retailer of cigarettes at the
9		rate of 5 mills per cigarette sold or otherwise disposed of in
10		the course of such business in this State. On and after the
11		effective date of this amendatory Act of 1993, in addition to
12		any other tax imposed by this Act, a tax is imposed upon any
13		person engaged in business as a retailer of cigarettes at the
14		rate of 7 mills per cigarette sold or otherwise disposed of in
15		the course of such business in this State. On and after
16		December 15, 1997, in addition to any other tax imposed by this
17		Act, a tax is imposed upon any person engaged in business as a
18		retailer of cigarettes at the rate of 7 mills per cigarette
19		sold or otherwise disposed of in the course of such business of
20		this State. All of the moneys received by the Department of
21		Revenue pursuant to this Act and the Cigarette Use Tax Act from
22		the additional taxes imposed by this amendatory Act of 1997,
23		shall be paid each month into the Common School Fund. On and
24		after July 1, 2002, in addition to any other tax imposed by
25		this Act, a tax is imposed upon any person engaged in business
26		as a retailer of cigarettes at the rate of 20.0 mills per
27		cigarette sold or otherwise disposed of in the course of such
28		business in this State. The payment of such taxes shall be
29		evidenced by a stamp affixed to each original package of
30		cigarettes, or an authorized substitute for such stamp
31		imprinted on each original package of such cigarettes
32		underneath the sealed transparent outside wrapper of such
33		original package, as hereinafter provided. However, such taxes
34		are not imposed upon any activity in such business in
35		interstate commerce or otherwise, which activity may not under
36		the Constitution and statutes of the United States be made the

1		subject of taxation by this State.
2		Beginning on the effective date of this amendatory Act of
3		the 92nd General Assembly, all of the moneys received by the
4		Department of Revenue pursuant to this Act and the Cigarette
5		Use Tax Act, other than the moneys that are dedicated to the
6		Metropolitan Fair and Exposition Authority Reconstruction Fund
7		and the Common School Fund, shall be distributed each month as
8		follows: first, there shall be paid into the General Revenue
9		Fund an amount which, when added to the amount paid into the
10		Common School Fund for that month, equals $33,300,000, except
11		that in the month of August of 2004, this amount shall equal
12		$83,300,000; then, from the moneys remaining, if any amounts
13		required to be paid into the General Revenue Fund in previous
14		months remain unpaid, those amounts shall be paid into the
15		General Revenue Fund; then, beginning on April 1, 2003, from
16		the moneys remaining, $5,000,000 per month shall be paid into
17		the School Infrastructure Fund; then, if any amounts required
18		to be paid into the School Infrastructure Fund in previous
19		months remain unpaid, those amounts shall be paid into the
20		School Infrastructure Fund; then the moneys remaining, if any,
21		shall be paid into the Long-Term Care Provider Fund. To the
22		extent that more than $25,000,000 has been paid into the
23		General Revenue Fund and Common School Fund per month for the
24		period of July 1, 1993 through the effective date of this
25		amendatory Act of 1994 from combined receipts of the Cigarette
26		Tax Act and the Cigarette Use Tax Act, notwithstanding the
27		distribution provided in this Section, the Department of
28		Revenue is hereby directed to adjust the distribution provided
29		in this Section to increase the next monthly payments to the
30		Long Term Care Provider Fund by the amount paid to the General
31		Revenue Fund and Common School Fund in excess of $25,000,000
32		per month and to decrease the next monthly payments to the
33		General Revenue Fund and Common School Fund by that same excess
34		amount.
35		When any tax imposed herein terminates or has terminated,
36		distributors who have bought stamps while such tax was in

1		effect and who therefore paid such tax, but who can show, to
2		the Department's satisfaction, that they sold the cigarettes to
3		which they affixed such stamps after such tax had terminated
4		and did not recover the tax or its equivalent from purchasers,
5		shall be allowed by the Department to take credit for such
6		absorbed tax against subsequent tax stamp purchases from the
7		Department by such distributor.
8		The impact of the tax levied by this Act is imposed upon
9		the retailer and shall be prepaid or pre-collected by the
10		distributor for the purpose of convenience and facility only,
11		and the amount of the tax shall be added to the price of the
12		cigarettes sold by such distributor. Collection of the tax
13		shall be evidenced by a stamp or stamps affixed to each
14		original package of cigarettes, as hereinafter provided.
15		Each distributor shall collect the tax from the retailer at
16		or before the time of the sale, shall affix the stamps as
17		hereinafter required, and shall remit the tax collected from
18		retailers to the Department, as hereinafter provided. Any
19		distributor who fails to properly collect and pay the tax
20		imposed by this Act shall be liable for the tax. Any
21		distributor having cigarettes to which stamps have been affixed
22		in his possession for sale on the effective date of this
23		amendatory Act of 1989 shall not be required to pay the
24		additional tax imposed by this amendatory Act of 1989 on such
25		stamped cigarettes. Any distributor having cigarettes to which
26		stamps have been affixed in his or her possession for sale at
27		12:01 a.m. on the effective date of this amendatory Act of
28		1993, is required to pay the additional tax imposed by this
29		amendatory Act of 1993 on such stamped cigarettes. This
30		payment, less the discount provided in subsection (b), shall be
31		due when the distributor first makes a purchase of cigarette
32		tax stamps after the effective date of this amendatory Act of
33		1993, or on the first due date of a return under this Act after
34		the effective date of this amendatory Act of 1993, whichever
35		occurs first. Any distributor having cigarettes to which stamps
36		have been affixed in his possession for sale on December 15,

1		1997 shall not be required to pay the additional tax imposed by
2		this amendatory Act of 1997 on such stamped cigarettes.
3		Any distributor having cigarettes to which stamps have been
4		affixed in his or her possession for sale on July 1, 2002 shall
5		not be required to pay the additional tax imposed by this
6		amendatory Act of the 92nd General Assembly on those stamped
7		cigarettes.
8		The amount of the Cigarette Tax imposed by this Act shall
9		be separately stated, apart from the price of the goods, by
10		both distributors and retailers, in all advertisements, bills
11		and sales invoices.
12		(b) The distributor shall be required to collect the taxes
13		provided under paragraph (a) hereof, and, to cover the costs of
14		such collection, shall be allowed a discount during any year
15		commencing July 1st and ending the following June 30th in
16		accordance with the schedule set out hereinbelow, which
17		discount shall be allowed at the time of purchase of the stamps
18		when purchase is required by this Act, or at the time when the
19		tax is remitted to the Department without the purchase of
20		stamps from the Department when that method of paying the tax
21		is required or authorized by this Act. Prior to December 1,
22		1985, a discount equal to 1 2/3% of the amount of the tax up to
23		and including the first $700,000 paid hereunder by such
24		distributor to the Department during any such year; 1 1/3% of
25		the next $700,000 of tax or any part thereof, paid hereunder by
26		such distributor to the Department during any such year; 1% of
27		the next $700,000 of tax, or any part thereof, paid hereunder
28		by such distributor to the Department during any such year, and
29		2/3 of 1% of the amount of any additional tax paid hereunder by
30		such distributor to the Department during any such year shall
31		apply. On and after December 1, 1985, a discount equal to 1.75%
32		of the amount of the tax payable under this Act up to and
33		including the first $3,000,000 paid hereunder by such
34		distributor to the Department during any such year and 1.5% of
35		the amount of any additional tax paid hereunder by such
36		distributor to the Department during any such year shall apply.

1		Two or more distributors that use a common means of
2		affixing revenue tax stamps or that are owned or controlled by
3		the same interests shall be treated as a single distributor for
4		the purpose of computing the discount.
5		(c) The taxes herein imposed are in addition to all other
6		occupation or privilege taxes imposed by the State of Illinois,
7		or by any political subdivision thereof, or by any municipal
8		corporation.
9		(Source: P.A. 92-536, eff. 6-6-02.)

10		Section 10-145. The Motor Fuel Tax Law is amended by
11		changing Section 8 as follows:
12		(35 ILCS 505/8) (from Ch. 120, par. 424)
13		Sec. 8. Except as provided in Section 8a, subdivision
14		(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
15		16 of Section 15, all money received by the Department under
16		this Act, including payments made to the Department by member
17		jurisdictions participating in the International Fuel Tax
18		Agreement, shall be deposited in a special fund in the State
19		treasury, to be known as the "Motor Fuel Tax Fund", and shall
20		be used as follows:
21		(a) 2 1/2 cents per gallon of the tax collected on special
22		fuel under paragraph (b) of Section 2 and Section 13a of this
23		Act shall be transferred to the State Construction Account Fund
24		in the State Treasury;
25		(b) $420,000 shall be transferred each month to the State
26		Boating Act Fund to be used by the Department of Natural
27		Resources for the purposes specified in Article X of the Boat
28		Registration and Safety Act;
29		(c) $2,250,000 shall be transferred each month to the Grade
30		Crossing Protection Fund to be used as follows: not less than
31		$6,000,000 each fiscal year shall be used for the construction
32		or reconstruction of rail highway grade separation structures;
33		$2,250,000 in fiscal year 2004 and each fiscal year thereafter
34		shall be transferred to the Transportation Regulatory Fund and

1		shall be accounted for as part of the rail carrier portion of
2		such funds and shall be used to pay the cost of administration
3		of the Illinois Commerce Commission's railroad safety program
4		in connection with its duties under subsection (3) of Section
5		18c-7401 of the Illinois Vehicle Code, with the remainder to be
6		used by the Department of Transportation upon order of the
7		Illinois Commerce Commission, to pay that part of the cost
8		apportioned by such Commission to the State to cover the
9		interest of the public in the use of highways, roads, streets,
10		or pedestrian walkways in the county highway system, township
11		and district road system, or municipal street system as defined
12		in the Illinois Highway Code, as the same may from time to time
13		be amended, for separation of grades, for installation,
14		construction or reconstruction of crossing protection or
15		reconstruction, alteration, relocation including construction
16		or improvement of any existing highway necessary for access to
17		property or improvement of any grade crossing including the
18		necessary highway approaches thereto of any railroad across the
19		highway or public road, or for the installation, construction,
20		reconstruction, or maintenance of a pedestrian walkway over or
21		under a railroad right-of-way, as provided for in and in
22		accordance with Section 18c-7401 of the Illinois Vehicle Code.
23		The Commission shall not order more than $2,000,000 per year in
24		Grade Crossing Protection Fund moneys for pedestrian walkways.
25		In entering orders for projects for which payments from the
26		Grade Crossing Protection Fund will be made, the Commission
27		shall account for expenditures authorized by the orders on a
28		cash rather than an accrual basis. For purposes of this
29		requirement an "accrual basis" assumes that the total cost of
30		the project is expended in the fiscal year in which the order
31		is entered, while a "cash basis" allocates the cost of the
32		project among fiscal years as expenditures are actually made.
33		To meet the requirements of this subsection, the Illinois
34		Commerce Commission shall develop annual and 5-year project
35		plans of rail crossing capital improvements that will be paid
36		for with moneys from the Grade Crossing Protection Fund. The

1		annual project plan shall identify projects for the succeeding
2		fiscal year and the 5-year project plan shall identify projects
3		for the 5 directly succeeding fiscal years. The Commission
4		shall submit the annual and 5-year project plans for this Fund
5		to the Governor, the President of the Senate, the Senate
6		Minority Leader, the Speaker of the House of Representatives,
7		and the Minority Leader of the House of Representatives on the
8		first Wednesday in April of each year;
9		(d) of the amount remaining after allocations provided for
10		in subsections (a), (b) and (c), a sufficient amount shall be
11		reserved to pay all of the following:
12		(1) the costs of the Department of Revenue in
13		administering this Act;
14		(2) the costs of the Department of Transportation in
15		performing its duties imposed by the Illinois Highway Code
16		for supervising the use of motor fuel tax funds apportioned
17		to municipalities, counties and road districts;
18		(3) refunds provided for in Section 13 of this Act and
19		under the terms of the International Fuel Tax Agreement
20		referenced in Section 14a;
21		(4) from October 1, 1985 until June 30, 1994, the
22		administration of the Vehicle Emissions Inspection Law,
23		which amount shall be certified monthly by the
24		Environmental Protection Agency to the State Comptroller
25		and shall promptly be transferred by the State Comptroller
26		and Treasurer from the Motor Fuel Tax Fund to the Vehicle
27		Inspection Fund, and for the period July 1, 1994 through
28		June 30, 2000, one-twelfth of $25,000,000 each month, for
29		the period July 1, 2000 through June 30, 2003, one-twelfth
30		of $30,000,000 each month, and $15,000,000 on July 1, 2003,
31		and $15,000,000 on January 1, 2004, and $15,000,000 on each
32		July 1 and October 1, or as soon thereafter as may be
33		practical, during of each calendar year for the period July
34		January 1, 2004 through June 30, 2006, for the
35		administration of the Vehicle Emissions Inspection Law of
36		1995, to be transferred by the State Comptroller and

1		Treasurer from the Motor Fuel Tax Fund into the Vehicle
2		Inspection Fund;
3		(5) amounts ordered paid by the Court of Claims; and
4		(6) payment of motor fuel use taxes due to member
5		jurisdictions under the terms of the International Fuel Tax
6		Agreement. The Department shall certify these amounts to
7		the Comptroller by the 15th day of each month; the
8		Comptroller shall cause orders to be drawn for such
9		amounts, and the Treasurer shall administer those amounts
10		on or before the last day of each month;
11		(e) after allocations for the purposes set forth in
12		subsections (a), (b), (c) and (d), the remaining amount shall
13		be apportioned as follows:
14		(1) Until January 1, 2000, 58.4%, and beginning January
15		1, 2000, 45.6% shall be deposited as follows:
16		(A) 37% into the State Construction Account Fund,
17		and
18		(B) 63% into the Road Fund, $1,250,000 of which
19		shall be reserved each month for the Department of
20		Transportation to be used in accordance with the
21		provisions of Sections 6-901 through 6-906 of the
22		Illinois Highway Code;
23		(2) Until January 1, 2000, 41.6%, and beginning January
24		1, 2000, 54.4% shall be transferred to the Department of
25		Transportation to be distributed as follows:
26		(A) 49.10% to the municipalities of the State,
27		(B) 16.74% to the counties of the State having
28		1,000,000 or more inhabitants,
29		(C) 18.27% to the counties of the State having less
30		than 1,000,000 inhabitants,
31		(D) 15.89% to the road districts of the State.
32		As soon as may be after the first day of each month the
33		Department of Transportation shall allot to each municipality
34		its share of the amount apportioned to the several
35		municipalities which shall be in proportion to the population
36		of such municipalities as determined by the last preceding

1		municipal census if conducted by the Federal Government or
2		Federal census. If territory is annexed to any municipality
3		subsequent to the time of the last preceding census the
4		corporate authorities of such municipality may cause a census
5		to be taken of such annexed territory and the population so
6		ascertained for such territory shall be added to the population
7		of the municipality as determined by the last preceding census
8		for the purpose of determining the allotment for that
9		municipality. If the population of any municipality was not
10		determined by the last Federal census preceding any
11		apportionment, the apportionment to such municipality shall be
12		in accordance with any census taken by such municipality. Any
13		municipal census used in accordance with this Section shall be
14		certified to the Department of Transportation by the clerk of
15		such municipality, and the accuracy thereof shall be subject to
16		approval of the Department which may make such corrections as
17		it ascertains to be necessary.
18		As soon as may be after the first day of each month the
19		Department of Transportation shall allot to each county its
20		share of the amount apportioned to the several counties of the
21		State as herein provided. Each allotment to the several
22		counties having less than 1,000,000 inhabitants shall be in
23		proportion to the amount of motor vehicle license fees received
24		from the residents of such counties, respectively, during the
25		preceding calendar year. The Secretary of State shall, on or
26		before April 15 of each year, transmit to the Department of
27		Transportation a full and complete report showing the amount of
28		motor vehicle license fees received from the residents of each
29		county, respectively, during the preceding calendar year. The
30		Department of Transportation shall, each month, use for
31		allotment purposes the last such report received from the
32		Secretary of State.
33		As soon as may be after the first day of each month, the
34		Department of Transportation shall allot to the several
35		counties their share of the amount apportioned for the use of
36		road districts. The allotment shall be apportioned among the

1		several counties in the State in the proportion which the total
2		mileage of township or district roads in the respective
3		counties bears to the total mileage of all township and
4		district roads in the State. Funds allotted to the respective
5		counties for the use of road districts therein shall be
6		allocated to the several road districts in the county in the
7		proportion which the total mileage of such township or district
8		roads in the respective road districts bears to the total
9		mileage of all such township or district roads in the county.
10		After July 1 of any year, no allocation shall be made for any
11		road district unless it levied a tax for road and bridge
12		purposes in an amount which will require the extension of such
13		tax against the taxable property in any such road district at a
14		rate of not less than either .08% of the value thereof, based
15		upon the assessment for the year immediately prior to the year
16		in which such tax was levied and as equalized by the Department
17		of Revenue or, in DuPage County, an amount equal to or greater
18		than $12,000 per mile of road under the jurisdiction of the
19		road district, whichever is less. If any road district has
20		levied a special tax for road purposes pursuant to Sections
21		6-601, 6-602 and 6-603 of the Illinois Highway Code, and such
22		tax was levied in an amount which would require extension at a
23		rate of not less than .08% of the value of the taxable property
24		thereof, as equalized or assessed by the Department of Revenue,
25		or, in DuPage County, an amount equal to or greater than
26		$12,000 per mile of road under the jurisdiction of the road
27		district, whichever is less, such levy shall, however, be
28		deemed a proper compliance with this Section and shall qualify
29		such road district for an allotment under this Section. If a
30		township has transferred to the road and bridge fund money
31		which, when added to the amount of any tax levy of the road
32		district would be the equivalent of a tax levy requiring
33		extension at a rate of at least .08%, or, in DuPage County, an
34		amount equal to or greater than $12,000 per mile of road under
35		the jurisdiction of the road district, whichever is less, such
36		transfer, together with any such tax levy, shall be deemed a

1		proper compliance with this Section and shall qualify the road
2		district for an allotment under this Section.
3		In counties in which a property tax extension limitation is
4		imposed under the Property Tax Extension Limitation Law, road
5		districts may retain their entitlement to a motor fuel tax
6		allotment if, at the time the property tax extension limitation
7		was imposed, the road district was levying a road and bridge
8		tax at a rate sufficient to entitle it to a motor fuel tax
9		allotment and continues to levy the maximum allowable amount
10		after the imposition of the property tax extension limitation.
11		Any road district may in all circumstances retain its
12		entitlement to a motor fuel tax allotment if it levied a road
13		and bridge tax in an amount that will require the extension of
14		the tax against the taxable property in the road district at a
15		rate of not less than 0.08% of the assessed value of the
16		property, based upon the assessment for the year immediately
17		preceding the year in which the tax was levied and as equalized
18		by the Department of Revenue or, in DuPage County, an amount
19		equal to or greater than $12,000 per mile of road under the
20		jurisdiction of the road district, whichever is less.
21		As used in this Section the term "road district" means any
22		road district, including a county unit road district, provided
23		for by the Illinois Highway Code; and the term "township or
24		district road" means any road in the township and district road
25		system as defined in the Illinois Highway Code. For the
26		purposes of this Section, "road district" also includes park
27		districts, forest preserve districts and conservation
28		districts organized under Illinois law and "township or
29		district road" also includes such roads as are maintained by
30		park districts, forest preserve districts and conservation
31		districts. The Department of Transportation shall determine
32		the mileage of all township and district roads for the purposes
33		of making allotments and allocations of motor fuel tax funds
34		for use in road districts.
35		Payment of motor fuel tax moneys to municipalities and
36		counties shall be made as soon as possible after the allotment

1		is made. The treasurer of the municipality or county may invest
2		these funds until their use is required and the interest earned
3		by these investments shall be limited to the same uses as the
4		principal funds.
5		(Source: P.A. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32,
6		eff. 6-20-03.)

7		Section 10-150. The Electricity Excise Tax Law is amended
8		by changing Sections 2-9 and 2-11 as follows:
9		(35 ILCS 640/2-9)
10		Sec. 2-9. Return and payment of tax by delivering supplier.
11		Each delivering supplier who is required or authorized to
12		collect the tax imposed by this Law shall make a return to the
13		Department on or before the 15th day of each month for the
14		preceding calendar month stating the following:
15		(1) The delivering supplier's name.
16		(2) The address of the delivering supplier's principal
17		place of business and the address of the principal place of
18		business (if that is a different address) from which the
19		delivering supplier engaged in the business of delivering
20		electricity in this State.
21		(3) The total number of kilowatt-hours which the
22		supplier delivered to or for purchasers during the
23		preceding calendar month and upon the basis of which the
24		tax is imposed.
25		(4) Amount of tax, computed upon Item (3) at the rates
26		stated in Section 2-4.
27		(5) An adjustment for uncollectible amounts of tax in
28		respect of prior period kilowatt-hour deliveries,
29		determined in accordance with rules and regulations
30		promulgated by the Department.
31		(5.5) The amount of credits to which the taxpayer is
32		entitled on account of purchases made under Section 8-403.1
33		of the Public Utilities Act.
34		(6) Such other information as the Department

1		reasonably may require.
2		In making such return the delivering supplier may use any
3		reasonable method to derive reportable "kilowatt-hours" from
4		the delivering supplier's records.
5		If the average monthly tax liability to the Department of
6		the delivering supplier does not exceed $2,500, the Department
7		may authorize the delivering supplier's returns to be filed on
8		a quarter-annual basis, with the return for January, February
9		and March of a given year being due by April 30 of such year;
10		with the return for April, May and June of a given year being
11		due by July 31 of such year; with the return for July, August
12		and September of a given year being due by October 31 of such
13		year; and with the return for October, November and December of
14		a given year being due by January 31 of the following year.
15		If the average monthly tax liability to the Department of
16		the delivering supplier does not exceed $1,000, the Department
17		may authorize the delivering supplier's returns to be filed on
18		an annual basis, with the return for a given year being due by
19		January 31 of the following year.
20		Such quarter-annual and annual returns, as to form and
21		substance, shall be subject to the same requirements as monthly
22		returns.
23		Notwithstanding any other provision in this Law concerning
24		the time within which a delivering supplier may file a return,
25		any such delivering supplier who ceases to engage in a kind of
26		business which makes the person responsible for filing returns
27		under this Law shall file a final return under this Law with
28		the Department not more than one month after discontinuing such
29		business.
30		Each delivering supplier whose average monthly liability
31		to the Department under this Law was $10,000 or more during the
32		preceding calendar year, excluding the month of highest
33		liability and the month of lowest liability in such calendar
34		year, and who is not operated by a unit of local government,
35		shall make estimated payments to the Department on or before
36		the 7th, 15th, 22nd and last day of the month during which tax

1		liability to the Department is incurred in an amount not less
2		than the lower of either 22.5% of such delivering supplier's
3		actual tax liability for the month or 25% of such delivering
4		supplier's actual tax liability for the same calendar month of
5		the preceding year. The amount of such quarter-monthly payments
6		shall be credited against the final tax liability of such
7		delivering supplier's return for that month. An outstanding
8		credit approved by the Department or a credit memorandum issued
9		by the Department arising from such delivering supplier's
10		overpayment of his or her final tax liability for any month may
11		be applied to reduce the amount of any subsequent
12		quarter-monthly payment or credited against the final tax
13		liability of such delivering supplier's return for any
14		subsequent month. If any quarter-monthly payment is not paid at
15		the time or in the amount required by this Section, such
16		delivering supplier shall be liable for penalty and interest on
17		the difference between the minimum amount due as a payment and
18		the amount of such payment actually and timely paid, except
19		insofar as such delivering supplier has previously made
20		payments for that month to the Department in excess of the
21		minimum payments previously due.
22		If the Director finds that the information required for the
23		making of an accurate return cannot reasonably be compiled by
24		such delivering supplier within 15 days after the close of the
25		calendar month for which a return is to be made, the Director
26		may grant an extension of time for the filing of such return
27		for a period not to exceed 31 calendar days. The granting of
28		such an extension may be conditioned upon the deposit by such
29		delivering supplier with the Department of an amount of money
30		not exceeding the amount estimated by the Director to be due
31		with the return so extended. All such deposits shall be
32		credited against such delivering supplier's liabilities under
33		this Law. If the deposit exceeds such delivering supplier's
34		present and probable future liabilities under this Law, the
35		Department shall issue to such delivering supplier a credit
36		memorandum, which may be assigned by such delivering supplier

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

1		(35 ILCS 640/2-11)
2		Sec. 2-11. Direct return and payment by self-assessing
3		purchaser. When electricity is used or consumed by a
4		self-assessing purchaser subject to the tax imposed by this Law
5		who did not pay the tax to a delivering supplier maintaining a
6		place of business within this State and required or authorized
7		to collect the tax, that self-assessing purchaser shall, on or
8		before the 15th day of each month, make a return to the
9		Department for the preceding calendar month, stating all of the
10		following:
11		(1) The self-assessing purchaser's name and principal
12		address.
13		(2) The aggregate purchase price paid by the
14		self-assessing purchaser for the distribution, supply,
15		furnishing, sale, transmission and delivery of such
16		electricity to or for the purchaser during the preceding
17		calendar month, including budget plan and other
18		purchaser-owned amounts applied during such month in
19		payment of charges includible in the purchase price, and
20		upon the basis of which the tax is imposed.
21		(3) Amount of tax, computed upon item (2) at the rate
22		stated in Section 2-4.
23		(4) Such other information as the Department
24		reasonably may require.
25		In making such return the self-assessing purchaser may use
26		any reasonable method to derive reportable "purchase price"
27		from the self-assessing purchaser's records.
28		If the average monthly tax liability of the self-assessing
29		purchaser to the Department does not exceed $2,500, the
30		Department may authorize the self-assessing purchaser's
31		returns to be filed on a quarter-annual basis, with the return
32		for January, February and March of a given year being due by
33		April 30 of such year; with the return for April, May and June
34		of a given year being due by July 31 of such year; with the
35		return for July, August, and September of a given year being

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

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

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

26		Section 10-155. The Illinois Pension Code is amended by
27		changing Sections 14-103.05, 14-108.3, 14-135.08, 15-106,
28		15-107, and 16-133.3 and adding Section 14-132.2 as follows:
29		(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
30		Sec. 14-103.05. Employee.
31		(a) Any person employed by a Department who receives salary
32		for personal services rendered to the Department on a warrant
33		issued pursuant to a payroll voucher certified by a Department
34		and drawn by the State Comptroller upon the State Treasurer,

1		including an elected official described in subparagraph (d) of
2		Section 14-104, shall become an employee for purpose of
3		membership in the Retirement System on the first day of such
4		employment.
5		A person entering service on or after January 1, 1972 and
6		prior to January 1, 1984 shall become a member as a condition
7		of employment and shall begin making contributions as of the
8		first day of employment.
9		A person entering service on or after January 1, 1984
10		shall, upon completion of 6 months of continuous service which
11		is not interrupted by a break of more than 2 months, become a
12		member as a condition of employment. Contributions shall begin
13		the first of the month after completion of the qualifying
14		period.
15		The qualifying period of 6 months of service is not
16		applicable to: (1) a person who has been granted credit for
17		service in a position covered by the State Universities
18		Retirement System, the Teachers' Retirement System of the State
19		of Illinois, the General Assembly Retirement System, or the
20		Judges Retirement System of Illinois unless that service has
21		been forfeited under the laws of those systems; (2) a person
22		entering service on or after July 1, 1991 in a noncovered
23		position; or (3) a person to whom Section 14-108.2a or
24		14-108.2b applies.
25		(b) The term "employee" does not include the following:
26		(1) members of the State Legislature, and persons
27		electing to become members of the General Assembly
28		Retirement System pursuant to Section 2-105;
29		(2) incumbents of offices normally filled by vote of
30		the people;
31		(3) except as otherwise provided in this Section, any
32		person appointed by the Governor with the advice and
33		consent of the Senate unless that person elects to
34		participate in this system;
35		(4) except as provided in Section 14-108.2 or
36		14-108.2c, any person who is covered or eligible to be

1		covered by the Teachers' Retirement System of the State of
2		Illinois, the State Universities Retirement System, or the
3		Judges Retirement System of Illinois;
4		(5) an employee of a municipality or any other
5		political subdivision of the State;
6		(6) any person who becomes an employee after June 30,
7		1979 as a public service employment program participant
8		under the Federal Comprehensive Employment and Training
9		Act and whose wages or fringe benefits are paid in whole or
10		in part by funds provided under such Act;
11		(7) enrollees of the Illinois Young Adult Conservation
12		Corps program, administered by the Department of Natural
13		Resources, authorized grantee pursuant to Title VIII of the
14		"Comprehensive Employment and Training Act of 1973", 29 USC
15		993, as now or hereafter amended;
16		(8) enrollees and temporary staff of programs
17		administered by the Department of Natural Resources under
18		the Youth Conservation Corps Act of 1970;
19		(9) any person who is a member of any professional
20		licensing or disciplinary board created under an Act
21		administered by the Department of Professional Regulation
22		or a successor agency or created or re-created after the
23		effective date of this amendatory Act of 1997, and who
24		receives per diem compensation rather than a salary,
25		notwithstanding that such per diem compensation is paid by
26		warrant issued pursuant to a payroll voucher; such persons
27		have never been included in the membership of this System,
28		and this amendatory Act of 1987 (P.A. 84-1472) is not
29		intended to effect any change in the status of such
30		persons;
31		(10) any person who is a member of the Illinois Health
32		Care Cost Containment Council, and receives per diem
33		compensation rather than a salary, notwithstanding that
34		such per diem compensation is paid by warrant issued
35		pursuant to a payroll voucher; such persons have never been
36		included in the membership of this System, and this

1		amendatory Act of 1987 is not intended to effect any change
2		in the status of such persons; or
3		(11) any person who is a member of the Oil and Gas
4		Board created by Section 1.2 of the Illinois Oil and Gas
5		Act, and receives per diem compensation rather than a
6		salary, notwithstanding that such per diem compensation is
7		paid by warrant issued pursuant to a payroll voucher; or .
8		(12) a person employed by the State Board of Higher
9		Education in a position with the Illinois Century Network
10		as of June 30, 2004, who remains continuously employed
11		after that date by the Department of Central Management
12		Services in a position with the Illinois Century Network
13		and participates in the Article 15 system with respect to
14		that employment.
15		(Source: P.A. 92-14, eff. 6-28-01.)
16		(40 ILCS 5/14-108.3)
17		Sec. 14-108.3. Early retirement incentives.
18		(a) To be eligible for the benefits provided in this
19		Section, a person must:
20		(1) be a member of this System who, on any day during
21		June, 2002, is (i) in active payroll status in a position
22		of employment with a department and an active contributor
23		to this System with respect to that employment, and
24		terminates that employment before the retirement annuity
25		under this Article begins, or (ii) on layoff status from
26		such a position with a right of re-employment or recall to
27		service, or (iii) receiving benefits under Section 14-123,
28		14-123.1 or 14-124, but only if the member has not been
29		receiving those benefits for a continuous period of more
30		than 2 years as of the date of application;
31		(2) not have received any retirement annuity under this
32		Article beginning earlier than August 1, 2002;
33		(3) file with the Board on or before December 31, 2002
34		a written application requesting the benefits provided in
35		this Section;

1		(4) terminate employment under this Article no later
2		than December 31, 2002 (or the date established under
3		subsection (d), if applicable);
4		(5) by the date of termination of service, have at
5		least 8 years of creditable service under this Article,
6		without the use of any creditable service established under
7		this Section;
8		(6) by the date of termination of service, have at
9		least 5 years of membership service earned while an
10		employee under this Article, which may include military
11		service for which credit is established under Section
12		14-105(b), service during the qualifying period for which
13		credit is established under Section 14-104(a), and service
14		for which credit has been established by repaying a refund
15		under Section 14-130, but shall not include service for
16		which any other optional service credit has been
17		established; and
18		(7) not receive any early retirement benefit under
19		Section 16-133.3 of this Code.
20		(b) An eligible person may establish up to 5 years of
21		creditable service under this Article, in increments of one
22		month, by making the contributions specified in subsection (c).
23		In addition, for each month of creditable service established
24		under this Section, a person's age at retirement shall be
25		deemed to be one month older than it actually is.
26		The creditable service established under this Section may
27		be used for all purposes under this Article and the Retirement
28		Systems Reciprocal Act, except for the computation of final
29		average compensation under Section 14-103.12 or the
30		determination of compensation under this or any other Article
31		of this Code.
32		The age enhancement established under this Section may not
33		be used to enable any person to begin receiving a retirement
34		annuity calculated under Section 14-110 before actually
35		attaining age 50 (without any age enhancement under this
36		Section). The age enhancement established under this Section

1		may be used for all other purposes under this Article
2		(including calculation of a proportionate annuity payable by
3		this System under the Retirement Systems Reciprocal Act),
4		except for purposes of the level income option in Section
5		14-112, the reversionary annuity under Section 14-113, and the
6		required distributions under Section 14-121.1.
7		The age enhancement established under this Section may be
8		used in determining benefits payable under Article 16 of this
9		Code under the Retirement Systems Reciprocal Act, if the person
10		has at least 5 years of service credit in the Article 16 system
11		that was earned while participating in that system as a teacher
12		(as defined in Section 16-106) employed by a department (as
13		defined in Section 14-103.04). Age enhancement established
14		under this Section shall not otherwise be used in determining
15		benefits payable under other Articles of this Code under the
16		Retirement Systems Reciprocal Act.
17		(c) For all creditable service established under this
18		Section, a person must pay to the System an employee
19		contribution to be determined by the System, based on the
20		member's rate of compensation on June 1, 2002 (or the last date
21		before June 1, 2002 for which a rate can be determined) and the
22		retirement contribution rate in effect on June 1, 2002 for the
23		member (or for members with the same social security and
24		alternative formula status as the member).
25		If the member receives a lump sum payment for accumulated
26		vacation, sick leave and personal leave upon withdrawal from
27		service, and the net amount of that lump sum payment is at
28		least as great as the amount of the contribution required under
29		this Section, the entire contribution must be paid by the
30		employee by payroll deduction. If there is no such lump sum
31		payment, or if it is less than the contribution required under
32		this Section, the member shall make an initial payment by
33		payroll deduction, equal to the net amount of the lump sum
34		payment for accumulated vacation, sick leave, and personal
35		leave, and have the remaining amount due treated as a reduction
36		from the retirement annuity in 24 equal monthly installments

1		beginning in the month in which the retirement annuity takes
2		effect. The required contribution may be paid as a pre-tax
3		deduction from earnings. For federal and Illinois tax purposes,
4		the monthly amount by which the annuitant's benefit is reduced
5		shall not be treated as a contribution by the annuitant, but
6		rather as a reduction of the annuitant's monthly benefit.
7		(c-5) The reduction in retirement annuity provided in
8		subsection (c) of Section 14-108 does not apply to the annuity
9		of a person who retires under this Section. A person who has
10		received any age enhancement or creditable service under this
11		Section may begin to receive an unreduced retirement annuity
12		upon attainment of age 55 with at least 25 years of creditable
13		service (including any age enhancement and creditable service
14		established under this Section).
15		(d) In order to ensure that the efficient operation of
16		State government is not jeopardized by the simultaneous
17		retirement of large numbers of key personnel, the director or
18		other head of a department may, for key employees of that
19		department, extend the December 31, 2002 deadline for
20		terminating employment under this Article established in
21		subdivision (a)(4) of this Section to a date not later than
22		April 30, 2003 by so notifying the System in writing by
23		December 31, 2002.
24		(e) Notwithstanding Section 14-111, a person who has
25		received any age enhancement or creditable service under this
26		Section and who reenters service under this Article (or as an
27		employee of a department under Article 16) other than as a
28		temporary employee thereby forfeits that age enhancement and
29		creditable service and is entitled to a refund of the
30		contributions made pursuant to this Section.
31		(f) The System shall determine the amount of the increase
32		in the present value of future benefits unfunded accrued
33		liability resulting from the granting of early retirement
34		incentives under this Section and shall report that amount to
35		the Governor and the Pension Laws Commission (or its successor,
36		the Economic and Fiscal Commission) on or after the effective

1		date of this amendatory Act of the 93rd General Assembly and on
2		or before November 15, 2004 2003. The increase in liability
3		reported under this subsection (f) shall not be included in the
4		calculation of the required State contribution under Section
5		14-131.
6		(g) The System shall determine the amount of the annual
7		State contribution necessary to amortize on a level
8		dollar-payment basis, over a period of 10 years at 8.5%
9		interest, compounded annually, an amount equal to the increase
10		in unfunded accrued liability determined under subsection (f)
11		minus $70,000,000. The System shall certify the amount of this
12		annual State contribution to the Governor, the State
13		Comptroller, the Governor's Office of Management and Budget
14		(formerly Bureau of the Budget), and the Pension Laws
15		Commission (or its successor, the Economic and Fiscal
16		Commission) on or before November 15, 2003. In addition to the
17		contributions otherwise required under this Article, the State
18		shall appropriate and pay to the System (1) an amount equal to
19		$70,000,000 in State fiscal years year 2004 and 2005 and (2) in
20		each of State fiscal years 2006 through 2015, a level
21		dollar-payment based upon the increase in the present value of
22		future benefits provided by the early retirement incentives
23		provided under this Section amortized at 8.5% interest 2005
24		through 2013, an amount equal to the annual State contribution
25		certified by the System under this subsection (g).
26		(h) The Economic and Fiscal Commission (i) shall hold one
27		or more hearings on or before the last session day during the
28		fall veto session of 2004 to review recommendations relating to
29		funding of early retirement incentives under this Section and
30		(ii) shall file its report with the General Assembly on or
31		before December 31, 2004 making its recommendations relating to
32		funding of early retirement incentives under this Section; the
33		Commission's report may contain both majority recommendations
34		and minority recommendations. The System shall recalculate and
35		recertify to the Governor by January 31, 2005 the amount of the
36		required State contribution to the System for State fiscal year

1		2005 with respect to those incentives. The Pension Laws
2		Commission (or its successor, the Economic and Fiscal
3		Commission) shall determine and report to the General Assembly,
4		on or before January 1, 2004 and annually thereafter through
5		the year 2013, its estimate of (1) the annual amount of payroll
6		savings likely to be realized by the State as a result of the
7		early retirement of persons receiving early retirement
8		incentives under this Section and (2) the net annual savings or
9		cost to the State from the program of early retirement
10		incentives created under this Section.
11		The System, the Department of Central Management Services,
12		the Governor's Office of Management and Budget (formerly Bureau
13		of the Budget), and all other departments shall provide to the
14		Commission any assistance that the Commission may request with
15		respect to its reports under this Section. The Commission may
16		require departments to provide it with any information that it
17		deems necessary or useful with respect to its reports under
18		this Section, including without limitation information about
19		(1) the final earnings of former department employees who
20		elected to receive benefits under this Section, (2) the
21		earnings of current department employees holding the positions
22		vacated by persons who elected to receive benefits under this
23		Section, and (3) positions vacated by persons who elected to
24		receive benefits under this Section that have not yet been
25		refilled.
26		(i) The changes made to this Section by this amendatory Act
27		of the 92nd General Assembly do not apply to persons who
28		retired under this Section on or before May 1, 1992.
29		(Source: P.A. 92-566, eff. 6-25-02; 93-632, eff. 2-1-04.)
30		(40 ILCS 5/14-132.2 new)
31		Sec. 14-132.2. Payment into the General Obligation
32		Retirement and Interest Fund. Notwithstanding any other law, on
33		the first day of each month, or as soon thereafter as
34		practical, the System shall pay over to the State for deposit
35		into the General Obligation Retirement and Interest Fund all

1		amounts previously received by the System pursuant to Section
2		14-135.08(b) representing additional amounts to pay principal
3		of and interest on general obligation bonds authorized by
4		Section 7.2(a) of the General Obligation Bond Act and issued to
5		provide those proceeds deposited by the State with the System
6		in July 2003, representing deposits other than amounts reserved
7		under Section 7.2 of the General Obligation Bond Act.
8		(40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
9		Sec. 14-135.08. To certify required State contributions.
10		(a) To certify to the Governor and to each department, on
11		or before November 15 of each year, the required rate for State
12		contributions to the System for the next State fiscal year, as
13		determined under subsection (b) of Section 14-131. The
14		certification to the Governor shall include a copy of the
15		actuarial recommendations upon which the rate is based.
16		(b) The certification shall include an additional amount
17		necessary to pay all principal of and interest on those general
18		obligation bonds due the next fiscal year authorized by Section
19		7.2(a) of the General Obligation Bond Act and issued to provide
20		the proceeds deposited by the State with the System in July
21		2003, representing deposits other than amounts reserved under
22		Section 7.2(c) of the General Obligation Bond Act. For State
23		fiscal year 2005, the Board shall make a supplemental
24		certification of the additional amount necessary to pay all
25		principal of and interest on those general obligation bonds due
26		in State fiscal years 2004 and 2005 authorized by Section
27		7.2(a) of the General Obligation Bond Act and issued to provide
28		the proceeds deposited by the State with the System in July
29		2003, representing deposits other than amounts reserved under
30		Section 7.2(c) of the General Obligation Bond Act, as soon as
31		practical after the effective date of this amendatory Act of
32		the 93rd General Assembly.
33		On or before May 1, 2004, the Board shall recalculate and
34		recertify to the Governor and to each department the amount of
35		the required State contribution to the System and the required

1		rates for State contributions to the System for State fiscal
2		year 2005, taking into account the amounts appropriated to and
3		received by the System under subsection (d) of Section 7.2 of
4		the General Obligation Bond Act.
5		(Source: P.A. 93-2, eff. 4-7-03.)
6		(40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
7		Sec. 15-106. Employer. "Employer": The University of
8		Illinois, Southern Illinois University, Chicago State
9		University, Eastern Illinois University, Governors State
10		University, Illinois State University, Northeastern Illinois
11		University, Northern Illinois University, Western Illinois
12		University, the State Board of Higher Education, the Illinois
13		Mathematics and Science Academy, the State Geological Survey
14		Division of the Department of Natural Resources, the State
15		Natural History Survey Division of the Department of Natural
16		Resources, the State Water Survey Division of the Department of
17		Natural Resources, the Waste Management and Research Center of
18		the Department of Natural Resources, the University Civil
19		Service Merit Board, the Board of Trustees of the State
20		Universities Retirement System, the Illinois Community College
21		Board, community college boards, any association of community
22		college boards organized under Section 3-55 of the Public
23		Community College Act, the Board of Examiners established under
24		the Illinois Public Accounting Act, and, only during the period
25		for which employer contributions required under Section 15-155
26		are paid, the following organizations: the alumni
27		associations, the foundations and the athletic associations
28		which are affiliated with the universities and colleges
29		included in this Section as employers.
30		A department as defined in Section 14-103.04 is an employer
31		for any person appointed by the Governor under the Civil
32		Administrative Code of Illinois who is a participating employee
33		as defined in Section 15-109. The Department of Central
34		Management Services is an employer with respect to persons
35		employed by the State Board of Higher Education in positions

1		with the Illinois Century Network as of June 30, 2004 who
2		remain continuously employed after that date by the Department
3		of Central Management Services in positions with the Illinois
4		Century Network.
5		The cities of Champaign and Urbana shall be considered
6		employers, but only during the period for which contributions
7		are required to be made under subsection (b-1) of Section
8		15-155 and only with respect to individuals described in
9		subsection (h) of Section 15-107.
10		(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
11		eff. 8-17-97; 90-511, eff. 8-22-97; 90-576, eff. 3-31-98;
12		90-655, eff. 7-30-98.)
13		(40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
14		Sec. 15-107. Employee.
15		(a) "Employee" means any member of the educational,
16		administrative, secretarial, clerical, mechanical, labor or
17		other staff of an employer whose employment is permanent and
18		continuous or who is employed in a position in which services
19		are expected to be rendered on a continuous basis for at least
20		4 months or one academic term, whichever is less, who (A)
21		receives payment for personal services on a warrant issued
22		pursuant to a payroll voucher certified by an employer and
23		drawn by the State Comptroller upon the State Treasurer or by
24		an employer upon trust, federal or other funds, or (B) is on a
25		leave of absence without pay. Employment which is irregular,
26		intermittent or temporary shall not be considered continuous
27		for purposes of this paragraph.
28		However, a person is not an "employee" if he or she:
29		(1) is a student enrolled in and regularly attending
30		classes in a college or university which is an employer,
31		and is employed on a temporary basis at less than full
32		time;
33		(2) is currently receiving a retirement annuity or a
34		disability retirement annuity under Section 15-153.2 from
35		this System;

1		(3) is on a military leave of absence;
2		(4) is eligible to participate in the Federal Civil
3		Service Retirement System and is currently making
4		contributions to that system based upon earnings paid by an
5		employer;
6		(5) is on leave of absence without pay for more than 60
7		days immediately following termination of disability
8		benefits under this Article;
9		(6) is hired after June 30, 1979 as a public service
10		employment program participant under the Federal
11		Comprehensive Employment and Training Act and receives
12		earnings in whole or in part from funds provided under that
13		Act; or
14		(7) is employed on or after July 1, 1991 to perform
15		services that are excluded by subdivision (a)(7)(f) or
16		(a)(19) of Section 210 of the federal Social Security Act
17		from the definition of employment given in that Section (42
18		U.S.C. 410).
19		(b) Any employer may, by filing a written notice with the
20		board, exclude from the definition of "employee" all persons
21		employed pursuant to a federally funded contract entered into
22		after July 1, 1982 with a federal military department in a
23		program providing training in military courses to federal
24		military personnel on a military site owned by the United
25		States Government, if this exclusion is not prohibited by the
26		federally funded contract or federal laws or rules governing
27		the administration of the contract.
28		(c) Any person appointed by the Governor under the Civil
29		Administrative Code of the State is an employee, if he or she
30		is a participant in this system on the effective date of the
31		appointment.
32		(d) A participant on lay-off status under civil service
33		rules is considered an employee for not more than 120 days from
34		the date of the lay-off.
35		(e) A participant is considered an employee during (1) the
36		first 60 days of disability leave, (2) the period, not to

1		exceed one year, in which his or her eligibility for disability
2		benefits is being considered by the board or reviewed by the
3		courts, and (3) the period he or she receives disability
4		benefits under the provisions of Section 15-152, workers'
5		compensation or occupational disease benefits, or disability
6		income under an insurance contract financed wholly or partially
7		by the employer.
8		(f) Absences without pay, other than formal leaves of
9		absence, of less than 30 calendar days, are not considered as
10		an interruption of a person's status as an employee. If such
11		absences during any period of 12 months exceed 30 work days,
12		the employee status of the person is considered as interrupted
13		as of the 31st work day.
14		(g) A staff member whose employment contract requires
15		services during an academic term is to be considered an
16		employee during the summer and other vacation periods, unless
17		he or she declines an employment contract for the succeeding
18		academic term or his or her employment status is otherwise
19		terminated, and he or she receives no earnings during these
20		periods.
21		(h) An individual who was a participating employee employed
22		in the fire department of the University of Illinois's
23		Champaign-Urbana campus immediately prior to the elimination
24		of that fire department and who immediately after the
25		elimination of that fire department became employed by the fire
26		department of the City of Urbana or the City of Champaign shall
27		continue to be considered as an employee for purposes of this
28		Article for so long as the individual remains employed as a
29		firefighter by the City of Urbana or the City of Champaign. The
30		individual shall cease to be considered an employee under this
31		subsection (h) upon the first termination of the individual's
32		employment as a firefighter by the City of Urbana or the City
33		of Champaign.
34		(i) An individual who is employed on a full-time basis as
35		an officer or employee of a statewide teacher organization that
36		serves System participants or an officer of a national teacher

1		organization that serves System participants may participate
2		in the System and shall be deemed an employee, provided that
3		(1) the individual has previously earned creditable service
4		under this Article, (2) the individual files with the System an
5		irrevocable election to become a participant, and (3) the
6		individual does not receive credit for that employment under
7		any other Article of this Code. An employee under this
8		subsection (i) is responsible for paying to the System both (A)
9		employee contributions based on the actual compensation
10		received for service with the teacher organization and (B)
11		employer contributions equal to the normal costs (as defined in
12		Section 15-155) resulting from that service; all or any part of
13		these contributions may be paid on the employee's behalf or
14		picked up for tax purposes (if authorized under federal law) by
15		the teacher organization.
16		A person who is an employee as defined in this subsection
17		(i) may establish service credit for similar employment prior
18		to becoming an employee under this subsection by paying to the
19		System for that employment the contributions specified in this
20		subsection, plus interest at the effective rate from the date
21		of service to the date of payment. However, credit shall not be
22		granted under this subsection for any such prior employment for
23		which the applicant received credit under any other provision
24		of this Code, or during which the applicant was on a leave of
25		absence under Section 15-113.2.
26		(j) A person employed by the State Board of Higher
27		Education in a position with the Illinois Century Network as of
28		June 30, 2004 shall be considered to be an employee for so long
29		as he or she remains continuously employed after that date by
30		the Department of Central Management Services in a position
31		with the Illinois Century Network and meets the requirements of
32		subsection (a).
33		(Source: P.A. 93-347, eff. 7-24-03.)
34		(40 ILCS 5/16-133.3) (from Ch. 108 1/2, par. 16-133.3)
35		Sec. 16-133.3. Early retirement incentives for State

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

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

1		service, and the net amount of that lump sum payment is at
2		least as great as the amount of the contribution required under
3		this Section, the entire contribution must be paid by the
4		employee by payroll deduction. If there is no such lump sum
5		payment, or if it is less than the contribution required under
6		this Section, the member shall make an initial payment by
7		payroll deduction, equal to the net amount of the lump sum
8		payment for accumulated vacation, sick leave, and personal
9		leave, and have the remaining amount due treated as a reduction
10		from the retirement annuity in 24 equal monthly installments
11		beginning in the month in which the retirement annuity takes
12		effect. The required contribution may be paid as a pre-tax
13		deduction from earnings.
14		(d) In order to ensure that the efficient operation of
15		State government is not jeopardized by the simultaneous
16		retirement of large numbers of key personnel, the director or
17		other head of a department may, for key employees of that
18		department, extend the December 31, 2002 deadline for
19		terminating employment under this Article established in
20		subdivision (a)(4) of this Section to a date not later than
21		April 30, 2003 by so notifying the System in writing by
22		December 31, 2002.
23		(e) A person who has received any age enhancement or
24		creditable service under this Section and who reenters
25		contributing service under this Article or Article 14 shall
26		thereby forfeit that age enhancement and creditable service,
27		and become entitled to a refund of the contributions made
28		pursuant to this Section.
29		(f) The System shall determine the amount of the increase
30		in the present value of future benefits unfunded accrued
31		liability resulting from the granting of early retirement
32		incentives under this Section and shall report that amount to
33		the Governor and the Pension Laws Commission (or its successor,
34		the Economic and Fiscal Commission) on or after the effective
35		date of this amendatory Act of the 93rd General Assembly and on
36		or before November 15, 2004 2003. The increase in liability

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

1		respect to its reports under this Section. The Commission may
2		require departments to provide it with any information that it
3		deems necessary or useful with respect to its reports under
4		this Section, including without limitation information about
5		(1) the final earnings of former department employees who
6		elected to receive benefits under this Section, (2) the
7		earnings of current department employees holding the positions
8		vacated by persons who elected to receive benefits under this
9		Section, and (3) positions vacated by persons who elected to
10		receive benefits under this Section that have not yet been
11		refilled.
12		(i) The changes made to this Section by this amendatory Act
13		of the 92nd General Assembly do not apply to persons who
14		retired under this Section on or before May 1, 1992.
15		(Source: P.A. 92-566, eff. 6-25-02; 93-632, eff. 2-1-04.)

16		Section 10-159. The State Pension Funds Continuing
17		Appropriation Act is amended by changing Section 1.6 as
18		follows:
19		(40 ILCS 15/1.6)
20		Sec. 1.6. Appropriations for early retirement programs.
21		(a) There is hereby appropriated from the General Revenue
22		Fund to the State Employees' Retirement System of Illinois, on
23		a continuing annual basis in each of State fiscal years 2004
24		through 2015 2013, the amount, if any, by which the total
25		available amount of all other appropriations to that retirement
26		system for the payment of State contributions under subsection
27		(g) of Section 14-108.3 of the Illinois Pension Code in that
28		fiscal year is less than the total amount of State
29		contributions required for that fiscal year under that
30		subsection (g).
31		(b) There is hereby appropriated from the General Revenue
32		Fund to the Teachers' Retirement System of the State of
33		Illinois, on a continuing annual basis in each of State fiscal
34		years 2004 through 2015 2013, the amount, if any, by which the

1		total available amount of all other appropriations to that
2		retirement system for the payment of State contributions under
3		subsection (g) of Section 16-133.3 of the Illinois Pension Code
4		in that fiscal year is less than the total amount of State
5		contributions required for that fiscal year under that
6		subsection (g).
7		(Source: P.A. 92-566, eff. 6-25-02.)

8		Section 10-160. The Wireless Emergency Telephone Safety
9		Act is amended by changing Sections 17, 25, 30, 35, 40, and 50
10		and by adding Section 75 as follows:
11		(50 ILCS 751/17)
12		(Section scheduled to be repealed on April 1, 2008)
13		Sec. 17. Wireless carrier surcharge.
14		(a) Except as provided in Section 45, each wireless carrier
15		shall impose a monthly wireless carrier surcharge per CMRS
16		connection that either has a telephone number within an area
17		code assigned to Illinois by the North American Numbering Plan
18		Administrator or has a billing address in this State. In the
19		case of prepaid wireless telephone service, this surcharge
20		shall be remitted based upon the address associated with the
21		point of purchase, the customer billing address, or the
22		location associated with the MTN for each active prepaid
23		wireless telephone that has a sufficient positive balance as of
24		the last day of each month, if that information is available.
25		No wireless carrier shall impose the surcharge authorized by
26		this Section upon any subscriber who is subject to the
27		surcharge imposed by a unit of local government pursuant to
28		Section 45. The wireless carrier that provides wireless service
29		to the subscriber shall collect the surcharge set by the
30		Wireless Enhanced 9-1-1 Board from the subscriber. For mobile
31		telecommunications services provided on and after August 1,
32		2002, any surcharge imposed under this Act shall be imposed
33		based upon the municipality or county that encompasses the
34		customer's place of primary use as defined in the Mobile

1		Telecommunications Sourcing Conformity Act. The surcharge
2		shall be stated as a separate item on the subscriber's monthly
3		bill. The wireless carrier shall begin collecting the surcharge
4		on bills issued within 90 days after the Wireless Enhanced
5		9-1-1 Board sets the monthly wireless surcharge. State and
6		local taxes shall not apply to the wireless carrier surcharge.
7		(b) Except as provided in Section 45, a wireless carrier
8		shall, within 45 days of collection, remit, either by check or
9		by electronic funds transfer, to the State Treasurer the amount
10		of the wireless carrier surcharge collected from each
11		subscriber. Of the amounts remitted under this subsection, the
12		State Treasurer shall deposit one-third into the Wireless
13		Carrier Reimbursement Fund and two-thirds into the Wireless
14		Service Emergency Fund.
15		(c) The first such remittance by wireless carriers shall
16		include the number of customers by zip code, and the 9-digit
17		zip code if currently being used or later implemented by the
18		carrier, that shall be the means by which the Illinois Commerce
19		Commission Department of Central Management Services shall
20		determine distributions from the Wireless Service Emergency
21		Fund. This information shall be updated no less often than
22		every year. Wireless carriers are not required to remit
23		surcharge moneys that are billed to subscribers but not yet
24		collected.
25		(Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04.)
26		(50 ILCS 751/25)
27		(Section scheduled to be repealed on April 1, 2008)
28		Sec. 25. Wireless Service Emergency Fund; distribution of
29		moneys. Within 60 days after the effective date of this Act,
30		wireless carriers shall submit to the Illinois Commerce
31		Commission Department of Central Management Services the
32		number of wireless subscribers by zip code and the 9-digit zip
33		code of the wireless subscribers, if currently being used or
34		later implemented by the carrier.
35		The Illinois Commerce Commission Department of Central

1		Management Services shall, subject to appropriation, make
2		monthly proportional grants to the appropriate emergency
3		telephone system board or qualified governmental entity based
4		upon the United States Postal Zip Code of the wireless
5		subscriber's billing address. No matching funds shall be
6		required from grant recipients.
7		If the Illinois Commerce Commission Department of Central
8		Management Services is notified of an area of overlapping
9		jurisdiction, grants for that area shall be made based upon
10		reference to an official Master Street Address Guide to the
11		emergency telephone system board or qualified governmental
12		entity whose public service answering points provide wireless
13		9-1-1 service in that area. The emergency telephone system
14		board or qualified governmental entity shall provide the
15		Illinois Commerce Commission Department of Central Management
16		Services with a valid copy of the appropriate Master Street
17		Address Guide. The Illinois Commerce Commission Department of
18		Central Management Services does not have a duty to verify
19		jurisdictional responsibility.
20		In the event of a subscriber billing address being matched
21		to an incorrect jurisdiction by the Illinois Commerce
22		Commission Department of Central Management Services, the
23		recipient, upon notification from the Illinois Commerce
24		Commission Department of Central Management Services, shall
25		redirect the funds to the correct jurisdiction. The Illinois
26		Commerce Commission Department of Central Management Services
27		shall not be held liable for any damages relating to an act or
28		omission under this Act, unless the act or omission constitutes
29		gross negligence, recklessness, or intentional misconduct.
30		In the event of a dispute between emergency telephone
31		system boards or qualified governmental entities concerning a
32		subscriber billing address, the Illinois Commerce Commission
33		Department of Central Management Services shall resolve the
34		dispute.
35		The Illinois Commerce Commission Department of Central
36		Management Services shall maintain detailed records of all

1		receipts and disbursements and shall provide an annual
2		accounting of all receipts and disbursements to the Auditor
3		General.
4		The Illinois Commerce Commission Department of Central
5		Management Services shall adopt rules to govern the grant
6		process.
7		(Source: P.A. 91-660, eff. 12-22-99.)
8		(50 ILCS 751/30)
9		(Section scheduled to be repealed on April 1, 2008)
10		Sec. 30. Wireless Carrier Reimbursement Fund; uses. The
11		Wireless Carrier Reimbursement Fund is created as a special
12		fund in the State treasury. Moneys in the Wireless Carrier
13		Reimbursement Fund may be used, subject to appropriation, only
14		(i) to reimburse wireless carriers for all of their costs
15		incurred in complying with the applicable provisions of Federal
16		Communications Commission wireless enhanced 9-1-1 service
17		mandates and (ii) to pay the reasonable and necessary costs of
18		the Illinois Commerce Commission in exercising its rights,
19		duties, powers, and functions under this Act. This
20		reimbursement to wireless carriers may include, but need not be
21		limited to, the cost of designing, upgrading, purchasing,
22		leasing, programming, installing, testing, and maintaining
23		necessary data, hardware, and software and associated
24		operating and administrative costs and overhead.
25		(Source: P.A. 91-660, eff. 12-22-99.)
26		(50 ILCS 751/35)
27		(Section scheduled to be repealed on April 1, 2008)
28		Sec. 35. Wireless Carrier Reimbursement Fund;
29		reimbursement. To recover costs from the Wireless Carrier
30		Reimbursement Fund, the wireless carrier shall submit sworn
31		invoices to the Illinois Commerce Commission Department of
32		Central Management Services. In no event may any invoice for
33		payment be approved for (i) costs that are not related to
34		compliance with the requirements established by the wireless

1		enhanced 9-1-1 mandates of the Federal Communications
2		Commission, (ii) costs with respect to any wireless enhanced
3		9-1-1 service that is not operable at the time the invoice is
4		submitted, or (iii) costs of any wireless carrier exceeding
5		100% 125% of the wireless emergency services charges remitted
6		to the Wireless Carrier Reimbursement Fund by the wireless
7		carrier under Section 17(b) unless the wireless carrier
8		received prior approval for the expenditures from the Illinois
9		Commerce Commission Department of Central Management Services.
10		If in any month the total amount of invoices submitted to
11		the Illinois Commerce Commission Department of Central
12		Management Services and approved for payment exceeds the amount
13		available in the Wireless Carrier Reimbursement Fund, wireless
14		carriers that have invoices approved for payment shall receive
15		a pro-rata share of the amount available in the Wireless
16		Carrier Reimbursement Fund based on the relative amount of
17		their approved invoices available that month, and the balance
18		of the payments shall be carried into the following months
19		until all of the approved payments are made.
20		A wireless carrier may not receive payment from the
21		Wireless Carrier Reimbursement Fund for its costs of providing
22		wireless enhanced 9-1-1 services in an area when a unit of
23		local government or emergency telephone system board provides
24		wireless 9-1-1 services in that area and was imposing and
25		collecting a wireless carrier surcharge prior to July 1, 1998.
26		The Illinois Commerce Commission Department of Central
27		Management Services shall maintain detailed records of all
28		receipts and disbursements and shall provide an annual
29		accounting of all receipts and disbursements to the Auditor
30		General.
31		The Illinois Commerce Commission Department of Central
32		Management Services shall adopt rules to govern the
33		reimbursement process.
34		(Source: P.A. 93-507, eff. 1-1-04.)
35		(50 ILCS 751/40)

1		(Section scheduled to be repealed on April 1, 2008)
2		Sec. 40. Public disclosure. Because of the highly
3		competitive nature of the wireless telephone industry, a public
4		disclosure of information about surcharge moneys paid by
5		wireless carriers could have the effect of stifling competition
6		to the detriment of the public and the delivery of wireless
7		9-1-1 services. Therefore, the Illinois Commerce Commission
8		Department of Central Management Services, the Department of
9		State Police, governmental agencies, and individuals with
10		access to that information shall take appropriate steps to
11		prevent public disclosure of this information. Information and
12		data supporting the amount and distribution of surcharge moneys
13		collected and remitted by an individual wireless carrier shall
14		be deemed exempt information for purposes of the Freedom of
15		Information Act and shall not be publicly disclosed. The gross
16		amount paid by all carriers shall not be deemed exempt and may
17		be publicly disclosed.
18		(Source: P.A. 91-660, eff. 12-22-99.)
19		(50 ILCS 751/50)
20		(Section scheduled to be repealed on April 1, 2008)
21		Sec. 50. Limitation of liability. Notwithstanding any
22		other provision of law, in no event shall a unit of local
23		government, the Illinois Commerce Commission as successor
24		agency to the Department of Central Management Services, the
25		Department of State Police, or a public safety agency, public
26		safety answering point, emergency telephone system board, or
27		wireless carrier, or its officers, employees, assigns, or
28		agents, be liable for any form of civil damages or criminal
29		liability that directly or indirectly results from, or is
30		caused by, any act or omission in the development, design,
31		installation, operation, maintenance, performance, or
32		provision of wireless 9-1-1 or wireless E9-1-1 service, unless
33		the act or omission constitutes gross negligence,
34		recklessness, or intentional misconduct.
35		A unit of local government, the Illinois Commerce

1		Commission as successor agency to the Department of Central
2		Management Services, the Department of State Police, or a
3		public safety agency, public safety answering point, emergency
4		telephone system board, or wireless carrier, or its officers,
5		employees, assigns, or agents, shall not be liable for any form
6		of civil damages or criminal liability that directly or
7		indirectly results from, or is caused by, the release of
8		subscriber information to any governmental entity as required
9		under the provisions of this Act, unless the release
10		constitutes gross negligence, recklessness, or intentional
11		misconduct.
12		(Source: P.A. 91-660, eff. 12-22-99.)
13		(50 ILCS 751/75 new)
14		Sec. 75. Transfer of rights, functions, powers, duties, and
15		property to Illinois Commerce Commission; rules and standards;
16		savings provisions.
17		(a) Beginning July 1, 2004, the rights, functions, powers,
18		and duties of the Department of Central Management Services as
19		set forth in this Act are transferred to and shall be exercised
20		by the Illinois Commerce Commission. By July 1, 2004, the
21		Department of Central Management Services shall transfer and
22		deliver to the Illinois Commerce Commission all books, records,
23		documents, property (real and personal), unexpended
24		appropriations, and pending business pertaining to the rights,
25		powers, duties, and functions transferred to the Illinois
26		Commerce Commission under this amendatory Act of the 93rd
27		General Assembly.
28		(b) The rules and standards of the Department of Central
29		Management Services that are in effect on June 30, 2004 and
30		that pertain to the rights, powers, duties, and functions
31		transferred to the Illinois Commerce Commission under this
32		amendatory Act of the 93rd General Assembly shall become the
33		rules and standards of the Illinois Commerce Commission on July
34		1, 2004, and shall continue in effect until amended or repealed
35		by the Illinois Commerce Commission.

1		Any rules pertaining to the rights, powers, duties, and
2		functions transferred to the Illinois Commerce Commission
3		under this amendatory Act of the 93rd General Assembly that
4		have been proposed by the Department of Central Management
5		Services but have not taken effect or been finally adopted by
6		June 30, 2004, shall become proposed rules of the Illinois
7		Commerce Commission on July 1, 2004, and any rulemaking
8		procedures that have already been completed by the Department
9		of Central Management Services for those proposed rules need
10		not be repealed.
11		As soon as it is practical after July 1, 2004, the Illinois
12		Commerce Commission shall revise and clarify the rules
13		transferred to it under this amendatory Act of the 93rd General
14		Assembly to reflect the transfer of rights, powers, duties, and
15		functions effected by this amendatory Act of the 93rd General
16		Assembly using the procedures for recodification of rules
17		available under the Illinois Administrative Procedure Act,
18		except that existing title, part, and section numbering for the
19		affected rules may be retained. The Illinois Commerce
20		Commission may propose and adopt under the Illinois
21		Administrative Procedure Act any other rules necessary to
22		consolidate and clarify those rules.
23		(c) The rights, powers, duties, and functions transferred
24		to the Illinois Commerce Commission by this amendatory Act of
25		the 93rd General Assembly shall be vested in and exercised by
26		the Commission subject to the provisions of this Act. An act
27		done by the Illinois Commerce Commission or an officer,
28		employee, or agent of the Commission in the exercise of the
29		transferred rights, powers, duties, and functions shall have
30		the same legal effect as if done by the Department of Central
31		Management Services or an officer, employee, or agent of the
32		Department.
33		The transfer of rights, powers, duties, and functions to
34		the Illinois Commerce Commission under this amendatory Act of
35		the 93rd General Assembly does not invalidate any previous
36		action taken by or in respect to the Department of Central

1		Management Services, its officers, employees, or agents.
2		References to the Department of Central Management Services or
3		its officers, employees, or agents in any document, contract,
4		agreement, or law shall, in appropriate contexts, be deemed to
5		refer to the Illinois Commerce Commission or its officers,
6		employees, or agents.
7		The transfer of rights, powers, duties, and functions to
8		the Illinois Commerce Commission under this amendatory Act of
9		the 93rd General Assembly does not affect any person's rights,
10		obligations, or duties, including any civil or criminal
11		penalties applicable thereto, arising out of those transferred
12		rights, powers, duties, and functions.
13		This amendatory Act of the 93rd General Assembly does not
14		affect any act done, ratified, or cancelled, any right
15		occurring or established, or any action or proceeding commenced
16		in an administrative, civil, or criminal case before July 1,
17		2004. Any such action or proceeding that pertains to a right,
18		power, duty, or function transferred to the Illinois Commerce
19		Commission under this amendatory Act of the 93rd General
20		Assembly that is pending on that date may be prosecuted,
21		defended, or continued by the Department of Central Management
22		Services.
23		For the purposes of Section 9b of the State Finance Act,
24		the Illinois Commerce Commission is the successor to the
25		Department of Central Management Services with respect to the
26		rights, duties, powers, and functions transferred by this
27		amendatory Act of the 93rd General Assembly.

28		Section 10-165. The Sanitary District Act of 1917 is
29		amended by adding Section 17.2 as follows:
30		(70 ILCS 2405/17.2 new)
31		Sec. 17.2. Acquisition of privately owned treatment works.
32		(a) After incorporation, any district organized under this
33		Act may, in accordance with this Act, acquire by purchase or
34		condemnation the territory, treatment works, lines,

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

1		Section 10-167. The Environmental Protection Act is
2		amended by changing Section 55.6 as follows:
3		(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
4		Sec. 55.6. Used Tire Management Fund.
5		(a) There is hereby created in the State Treasury a special
6		fund to be known as the Used Tire Management Fund. There shall
7		be deposited into the Fund all monies received as (1) recovered
8		costs or proceeds from the sale of used tires under Section
9		55.3 of this Act, (2) repayment of loans from the Used Tire
10		Management Fund, or (3) penalties or punitive damages for
11		violations of this Title, except as provided by subdivision
12		(b)(4) or (b)(4-5) of Section 42.
13		(b) Beginning January 1, 1992, in addition to any other
14		fees required by law, the owner or operator of each site
15		required to be registered under subsection (d) of Section 55
16		shall pay to the Agency an annual fee of $100. Fees collected
17		under this subsection shall be deposited into the Environmental
18		Protection Permit and Inspection Fund.
19		(c) Pursuant to appropriation, monies up to an amount of $2
20		million per fiscal year from the Used Tire Management Fund
21		shall be allocated as follows:
22		(1) 38% shall be available to the Agency for the
23		following purposes, provided that priority shall be given
24		to item (i):
25		(i) To undertake preventive, corrective or removal
26		action as authorized by and in accordance with Section
27		55.3, and to recover costs in accordance with Section
28		55.3.
29		(ii) For the performance of inspection and
30		enforcement activities for used and waste tire sites.
31		(iii) To assist with marketing of used tires by
32		augmenting the operations of an industrial materials
33		exchange service.
34		(iv) To provide financial assistance to units of
35		local government for the performance of inspecting,

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

1		(E) To pay the costs of administration of its
2		activities authorized under this Act.
3		(2.1) For the fiscal year beginning July 1, 2004 and
4		for all fiscal years thereafter, 23% shall be deposited
5		into the General Revenue Fund.
6		(3) 25% shall be available to the Illinois Department
7		of Public Health for the following purposes:
8		(A) To investigate threats or potential threats to
9		the public health related to mosquitoes and other
10		vectors of disease associated with the improper
11		storage, handling and disposal of tires, improper
12		waste disposal, or natural conditions.
13		(B) To conduct surveillance and monitoring
14		activities for mosquitoes and other arthropod vectors
15		of disease, and surveillance of animals which provide a
16		reservoir for disease-producing organisms.
17		(C) To conduct training activities to promote
18		vector control programs and integrated pest management
19		as defined in the Vector Control Act.
20		(D) To respond to inquiries, investigate
21		complaints, conduct evaluations and provide technical
22		consultation to help reduce or eliminate public health
23		hazards and nuisance conditions associated with
24		mosquitoes and other vectors.
25		(E) To provide financial assistance to units of
26		local government for training, investigation and
27		response to public nuisances associated with
28		mosquitoes and other vectors of disease.
29		(4) 2% shall be available to the Department of
30		Agriculture for its activities under the Illinois
31		Pesticide Act relating to used and waste tires.
32		(5) 2% shall be available to the Pollution Control
33		Board for administration of its activities relating to used
34		and waste tires.
35		(6) 10% shall be available to the Department of Natural
36		Resources for the Illinois Natural History Survey to

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

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

10		Section 10-168. The Illinois Low-Level Radioactive Waste
11		Management Act is amended by changing Section 13 as follows:
12		(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
13		Sec. 13. Waste fees.
14		(a) The Department shall collect a fee from each generator
15		of low-level radioactive wastes in this State. Except as
16		provided in subsections (b), (c), and (d), the amount of the
17		fee shall be $50.00 or the following amount, whichever is
18		greater:
19		(1) $1 per cubic foot of waste shipped for storage,
20		treatment or disposal if storage of the waste for shipment
21		occurred prior to September 7, 1984;
22		(2) $2 per cubic foot of waste stored for shipment if
23		storage of the waste occurs on or after September 7, 1984,
24		but prior to October 1, 1985;
25		(3) $3 per cubic foot of waste stored for shipment if
26		storage of the waste occurs on or after October 1, 1985;
27		(4) $2 per cubic foot of waste shipped for storage,
28		treatment or disposal if storage of the waste for shipment
29		occurs on or after September 7, 1984 but prior to October
30		1, 1985, provided that no fee has been collected previously
31		for storage of the waste;
32		(5) $3 per cubic foot of waste shipped for storage,
33		treatment or disposal if storage of the waste for shipment
34		occurs on or after October 1, 1985, provided that no fees

1		have been collected previously for storage of the waste.
2		Such fees shall be collected annually or as determined by
3		the Department and shall be deposited in the low-level
4		radioactive waste funds as provided in Section 14 of this Act.
5		Notwithstanding any other provision of this Act, no fee under
6		this Section shall be collected from a generator for waste
7		generated incident to manufacturing before December 31, 1980,
8		and shipped for disposal outside of this State before December
9		31, 1992, as part of a site reclamation leading to license
10		termination.
11		(b) Each nuclear power reactor in this State for which an
12		operating license has been issued by the Nuclear Regulatory
13		Commission shall not be subject to the fee required by
14		subsection (a) with respect to (1) waste stored for shipment if
15		storage of the waste occurs on or after January 1, 1986; and
16		(2) waste shipped for storage, treatment or disposal if storage
17		of the waste for shipment occurs on or after January 1, 1986.
18		In lieu of the fee, each reactor shall be required to pay an
19		annual fee as provided in this subsection for the treatment,
20		storage and disposal of low-level radioactive waste. Beginning
21		with State fiscal year 1986 and through State fiscal year 1997,
22		fees shall be due and payable on January 1st of each year. For
23		State fiscal year 1998 and all subsequent State fiscal years,
24		fees shall be due and payable on July 1 of each fiscal year.
25		The fee due on July 1, 1997 shall be payable on that date, or
26		within 10 days after the effective date of this amendatory Act
27		of 1997, whichever is later.
28		The owner of any nuclear power reactor that has an
29		operating license issued by the Nuclear Regulatory Commission
30		for any portion of State fiscal year 1998 shall continue to pay
31		an annual fee of $90,000 for the treatment, storage, and
32		disposal of low-level radioactive waste through State fiscal
33		year 2002. The fee shall be due and payable on July 1 of each
34		fiscal year. The fee due on July 1, 1998 shall be payable on
35		that date, or within 10 days after the effective date of this
36		amendatory Act of 1998, whichever is later. If the balance in

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

1		created under subsection (a) of Section 14 of this Act and
2		expended, subject to appropriation, for the purposes provided
3		in that subsection.
4		(d) In addition to the fees imposed in subsections (b) and
5		(c), the owners of nuclear power reactors in this State for
6		which operating licenses have been issued by the Nuclear
7		Regulatory Commission shall pay the following fees for each
8		such nuclear power reactor: for State fiscal year 1989,
9		$325,000 payable on October 1, 1988, $162,500 payable on
10		January 1, 1989, and $162,500 payable on April 1, 1989; for
11		State fiscal year 1990, $162,500 payable on July 1, $300,000
12		payable on October 1, $300,000 payable on January 1 and
13		$300,000 payable on April 1; for State fiscal year 1991, either
14		(1) $150,000 payable on July 1, $650,000 payable on September
15		1, $675,000 payable on January 1, and $275,000 payable on April
16		1, or (2) $150,000 on July 1, $130,000 on the first day of each
17		month from August through December, $225,000 on the first day
18		of each month from January through March and $92,000 on the
19		first day of each month from April through June; for State
20		fiscal year 1992, $260,000 payable on July 1, $900,000 payable
21		on September 1, $300,000 payable on October 1, $150,000 payable
22		on January 1, and $100,000 payable on April 1; for State fiscal
23		year 1993, $100,000 payable on July 1, $230,000 payable on
24		August 1 or within 10 days after July 31, 1992, whichever is
25		later, and $355,000 payable on October 1; for State fiscal year
26		1994, $100,000 payable on July 1, $75,000 payable on October 1
27		and $75,000 payable on April 1; for State fiscal year 1995,
28		$100,000 payable on July 1, $75,000 payable on October 1, and
29		$75,000 payable on April 1, for State fiscal year 1996,
30		$100,000 payable on July 1, $75,000 payable on October 1, and
31		$75,000 payable on April 1. The owner of any nuclear power
32		reactor that has an operating license issued by the Nuclear
33		Regulatory Commission for any portion of State fiscal year 1998
34		shall pay an annual fee of $30,000 through State fiscal year
35		2003. For State fiscal year 2004 and subsequent fiscal years,
36		the owner of any nuclear power reactor that has an operating

1		license issued by the Nuclear Regulatory Commission shall pay
2		an annual fee of $30,000 per reactor, provided that the fee
3		shall not apply to a nuclear power reactor with regard to which
4		the owner notified the Nuclear Regulatory Commission during
5		State fiscal year 1998 that the nuclear power reactor
6		permanently ceased operations. The fee shall be due and payable
7		on July 1 of each fiscal year. The fee due on July 1, 1998 shall
8		be payable on that date, or within 10 days after the effective
9		date of this amendatory Act of 1998, whichever is later. The
10		fee due on July 1, 1997 shall be payable on that date or within
11		10 days after the effective date of this amendatory Act of
12		1997, whichever is later. If the payments under this subsection
13		for fiscal year 1993 due on January 1, 1993, or on April 1,
14		1993, or both, were due before the effective date of this
15		amendatory Act of the 87th General Assembly, then those
16		payments are waived and need not be made.
17		All of the amounts collected by the Department under this
18		subsection (d) shall be deposited into the Low-Level
19		Radioactive Waste Facility Development and Operation Fund
20		created pursuant to subsection (a) of Section 14 of this Act
21		and expended, subject to appropriation, for the purposes
22		provided in that subsection.
23		All payments made by licensees under this subsection (d)
24		for fiscal year 1992 that are not appropriated and obligated by
25		the Department above $1,750,000 per reactor in fiscal year
26		1992, shall be credited to the licensees making the payments to
27		reduce the per reactor fees required under this subsection (d)
28		for fiscal year 1993.
29		(e) The Department shall promulgate rules and regulations
30		establishing standards for the collection of the fees
31		authorized by this Section. The regulations shall include, but
32		need not be limited to:
33		(1) the records necessary to identify the amounts of
34		low-level radioactive wastes produced;
35		(2) the form and submission of reports to accompany the
36		payment of fees to the Department; and

1		(3) the time and manner of payment of fees to the
2		Department, which payments shall not be more frequent than
3		quarterly.
4		(f) Any operating agreement entered into under subsection
5		(b) of Section 5 of this Act between the Department and any
6		disposal facility contractor shall, subject to the provisions
7		of this Act, authorize the contractor to impose upon and
8		collect from persons using the disposal facility fees designed
9		and set at levels reasonably calculated to produce sufficient
10		revenues (1) to pay all costs and expenses properly incurred or
11		accrued in connection with, and properly allocated to,
12		performance of the contractor's obligations under the
13		operating agreement, and (2) to provide reasonable and
14		appropriate compensation or profit to the contractor under the
15		operating agreement. For purposes of this subsection (f), the
16		term "costs and expenses" may include, without limitation, (i)
17		direct and indirect costs and expenses for labor, services,
18		equipment, materials, insurance and other risk management
19		costs, interest and other financing charges, and taxes or fees
20		in lieu of taxes; (ii) payments to or required by the United
21		States, the State of Illinois or any agency or department
22		thereof, the Central Midwest Interstate Low-Level Radioactive
23		Waste Compact, and subject to the provisions of this Act, any
24		unit of local government; (iii) amortization of capitalized
25		costs with respect to the disposal facility and its
26		development, including any capitalized reserves; and (iv)
27		payments with respect to reserves, accounts, escrows or trust
28		funds required by law or otherwise provided for under the
29		operating agreement.
30		(g) (Blank).
31		(h) (Blank).
32		(i) (Blank).
33		(j) (Blank).
34		(j-5) Prior to commencement of facility operations, the
35		Department shall adopt rules providing for the establishment
36		and collection of fees and charges with respect to the use of

1		the disposal facility as provided in subsection (f) of this
2		Section.
3		(k) The regional disposal facility shall be subject to ad
4		valorem real estate taxes lawfully imposed by units of local
5		government and school districts with jurisdiction over the
6		facility. No other local government tax, surtax, fee or other
7		charge on activities at the regional disposal facility shall be
8		allowed except as authorized by the Department.
9		(l) The Department shall have the power, in the event that
10		acceptance of waste for disposal at the regional disposal
11		facility is suspended, delayed or interrupted, to impose
12		emergency fees on the generators of low-level radioactive
13		waste. Generators shall pay emergency fees within 30 days of
14		receipt of notice of the emergency fees. The Department shall
15		deposit all of the receipts of any fees collected under this
16		subsection into the Low-Level Radioactive Waste Facility
17		Development and Operation Fund created under subsection (b) of
18		Section 14. Emergency fees may be used to mitigate the impacts
19		of the suspension or interruption of acceptance of waste for
20		disposal. The requirements for rulemaking in the Illinois
21		Administrative Procedure Act shall not apply to the imposition
22		of emergency fees under this subsection.
23		(m) The Department shall promulgate any other rules and
24		regulations as may be necessary to implement this Section.
25		(Source: P.A. 92-276, eff. 8-7-01.)

26		Section 10-169. The Pretrial Services Act is amended by
27		changing Section 33 as follows:
28		(725 ILCS 185/33) (from Ch. 38, par. 333)
29		Sec. 33. The Supreme Court shall pay from funds
30		appropriated to it for this purpose 100% of all approved costs
31		for pretrial services, including pretrial services officers,
32		necessary support personnel, travel costs reasonably related
33		to the delivery of pretrial services, space costs, equipment,
34		telecommunications, postage, commodities, printing and

1		contractual services. Costs shall be reimbursed monthly, based
2		on a plan and budget approved by the Supreme Court. No
3		department may be reimbursed for costs which exceed or are not
4		provided for in the approved plan and budget. For State fiscal
5		years year 2004 and 2005 only, the Mandatory Arbitration Fund
6		may be used to reimburse approved costs for pretrial services.
7		(Source: P.A. 93-25, eff. 6-20-03.)

8		Section 10-170. The Unified Code of Corrections is amended
9		by changing Section 3-2-2 as follows:
10		(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
11		Sec. 3-2-2. Powers and Duties of the Department.
12		(1) In addition to the powers, duties and responsibilities
13		which are otherwise provided by law, the Department shall have
14		the following powers:
15		(a) To accept persons committed to it by the courts of
16		this State for care, custody, treatment and
17		rehabilitation, and to accept federal prisoners and aliens
18		over whom the Office of the Federal Detention Trustee is
19		authorized to exercise the federal detention function for
20		limited purposes and periods of time.
21		(b) To develop and maintain reception and evaluation
22		units for purposes of analyzing the custody and
23		rehabilitation needs of persons committed to it and to
24		assign such persons to institutions and programs under its
25		control or transfer them to other appropriate agencies. In
26		consultation with the Department of Alcoholism and
27		Substance Abuse (now the Department of Human Services), the
28		Department of Corrections shall develop a master plan for
29		the screening and evaluation of persons committed to its
30		custody who have alcohol or drug abuse problems, and for
31		making appropriate treatment available to such persons;
32		the Department shall report to the General Assembly on such
33		plan not later than April 1, 1987. The maintenance and
34		implementation of such plan shall be contingent upon the

1		availability of funds.
2		(b-1) To create and implement, on January 1, 2002, a
3		pilot program to establish the effectiveness of
4		pupillometer technology (the measurement of the pupil's
5		reaction to light) as an alternative to a urine test for
6		purposes of screening and evaluating persons committed to
7		its custody who have alcohol or drug problems. The pilot
8		program shall require the pupillometer technology to be
9		used in at least one Department of Corrections facility.
10		The Director may expand the pilot program to include an
11		additional facility or facilities as he or she deems
12		appropriate. A minimum of 4,000 tests shall be included in
13		the pilot program. The Department must report to the
14		General Assembly on the effectiveness of the program by
15		January 1, 2003.
16		(b-5) To develop, in consultation with the Department
17		of State Police, a program for tracking and evaluating each
18		inmate from commitment through release for recording his or
19		her gang affiliations, activities, or ranks.
20		(c) To maintain and administer all State correctional
21		institutions and facilities under its control and to
22		establish new ones as needed. Pursuant to its power to
23		establish new institutions and facilities, the Department
24		may, with the written approval of the Governor, authorize
25		the Department of Central Management Services to enter into
26		an agreement of the type described in subsection (d) of
27		Section 405-300 of the Department of Central Management
28		Services Law (20 ILCS 405/405-300). The Department shall
29		designate those institutions which shall constitute the
30		State Penitentiary System.
31		Pursuant to its power to establish new institutions and
32		facilities, the Department may authorize the Department of
33		Central Management Services to accept bids from counties
34		and municipalities for the construction, remodeling or
35		conversion of a structure to be leased to the Department of
36		Corrections for the purposes of its serving as a

1		correctional institution or facility. Such construction,
2		remodeling or conversion may be financed with revenue bonds
3		issued pursuant to the Industrial Building Revenue Bond Act
4		by the municipality or county. The lease specified in a bid
5		shall be for a term of not less than the time needed to
6		retire any revenue bonds used to finance the project, but
7		not to exceed 40 years. The lease may grant to the State
8		the option to purchase the structure outright.
9		Upon receipt of the bids, the Department may certify
10		one or more of the bids and shall submit any such bids to
11		the General Assembly for approval. Upon approval of a bid
12		by a constitutional majority of both houses of the General
13		Assembly, pursuant to joint resolution, the Department of
14		Central Management Services may enter into an agreement
15		with the county or municipality pursuant to such bid.
16		(c-5) To build and maintain regional juvenile
17		detention centers and to charge a per diem to the counties
18		as established by the Department to defray the costs of
19		housing each minor in a center. In this subsection (c-5),
20		"juvenile detention center" means a facility to house
21		minors during pendency of trial who have been transferred
22		from proceedings under the Juvenile Court Act of 1987 to
23		prosecutions under the criminal laws of this State in
24		accordance with Section 5-805 of the Juvenile Court Act of
25		1987, whether the transfer was by operation of law or
26		permissive under that Section. The Department shall
27		designate the counties to be served by each regional
28		juvenile detention center.
29		(d) To develop and maintain programs of control,
30		rehabilitation and employment of committed persons within
31		its institutions.
32		(e) To establish a system of supervision and guidance
33		of committed persons in the community.
34		(f) To establish in cooperation with the Department of
35		Transportation to supply a sufficient number of prisoners
36		for use by the Department of Transportation to clean up the

1		trash and garbage along State, county, township, or
2		municipal highways as designated by the Department of
3		Transportation. The Department of Corrections, at the
4		request of the Department of Transportation, shall furnish
5		such prisoners at least annually for a period to be agreed
6		upon between the Director of Corrections and the Director
7		of Transportation. The prisoners used on this program shall
8		be selected by the Director of Corrections on whatever
9		basis he deems proper in consideration of their term,
10		behavior and earned eligibility to participate in such
11		program - where they will be outside of the prison facility
12		but still in the custody of the Department of Corrections.
13		Prisoners convicted of first degree murder, or a Class X
14		felony, or armed violence, or aggravated kidnapping, or
15		criminal sexual assault, aggravated criminal sexual abuse
16		or a subsequent conviction for criminal sexual abuse, or
17		forcible detention, or arson, or a prisoner adjudged a
18		Habitual Criminal shall not be eligible for selection to
19		participate in such program. The prisoners shall remain as
20		prisoners in the custody of the Department of Corrections
21		and such Department shall furnish whatever security is
22		necessary. The Department of Transportation shall furnish
23		trucks and equipment for the highway cleanup program and
24		personnel to supervise and direct the program. Neither the
25		Department of Corrections nor the Department of
26		Transportation shall replace any regular employee with a
27		prisoner.
28		(g) To maintain records of persons committed to it and
29		to establish programs of research, statistics and
30		planning.
31		(h) To investigate the grievances of any person
32		committed to the Department, to inquire into any alleged
33		misconduct by employees or committed persons, and to
34		investigate the assets of committed persons to implement
35		Section 3-7-6 of this Code; and for these purposes it may
36		issue subpoenas and compel the attendance of witnesses and

1		the production of writings and papers, and may examine
2		under oath any witnesses who may appear before it; to also
3		investigate alleged violations of a parolee's or
4		releasee's conditions of parole or release; and for this
5		purpose it may issue subpoenas and compel the attendance of
6		witnesses and the production of documents only if there is
7		reason to believe that such procedures would provide
8		evidence that such violations have occurred.
9		If any person fails to obey a subpoena issued under
10		this subsection, the Director may apply to any circuit
11		court to secure compliance with the subpoena. The failure
12		to comply with the order of the court issued in response
13		thereto shall be punishable as contempt of court.
14		(i) To appoint and remove the chief administrative
15		officers, and administer programs of training and
16		development of personnel of the Department. Personnel
17		assigned by the Department to be responsible for the
18		custody and control of committed persons or to investigate
19		the alleged misconduct of committed persons or employees or
20		alleged violations of a parolee's or releasee's conditions
21		of parole shall be conservators of the peace for those
22		purposes, and shall have the full power of peace officers
23		outside of the facilities of the Department in the
24		protection, arrest, retaking and reconfining of committed
25		persons or where the exercise of such power is necessary to
26		the investigation of such misconduct or violations.
27		(j) To cooperate with other departments and agencies
28		and with local communities for the development of standards
29		and programs for better correctional services in this
30		State.
31		(k) To administer all moneys and properties of the
32		Department.
33		(l) To report annually to the Governor on the committed
34		persons, institutions and programs of the Department.
35		(l-5) In a confidential annual report to the Governor,
36		the Department shall identify all inmate gangs by

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

1		offense while serving on parole or mandatory supervised
2		release or while committed to work release.
3		Elements of the program shall include, but shall not be
4		limited to, the following:
5		(1) The staff of a diversion facility shall provide
6		supervision in accordance with required objectives set
7		by the facility.
8		(2) Participants shall be required to maintain
9		employment.
10		(3) Each participant shall pay for room and board
11		at the facility on a sliding-scale basis according to
12		the participant's income.
13		(4) Each participant shall:
14		(A) provide restitution to victims in
15		accordance with any court order;
16		(B) provide financial support to his
17		dependents; and
18		(C) make appropriate payments toward any other
19		court-ordered obligations.
20		(5) Each participant shall complete community
21		service in addition to employment.
22		(6) Participants shall take part in such
23		counseling, educational and other programs as the
24		Department may deem appropriate.
25		(7) Participants shall submit to drug and alcohol
26		screening.
27		(8) The Department shall promulgate rules
28		governing the administration of the program.
29		(r) To enter into intergovernmental cooperation
30		agreements under which persons in the custody of the
31		Department may participate in a county impact
32		incarceration program established under Section 3-6038 or
33		3-15003.5 of the Counties Code.
34		(r-5) To enter into intergovernmental cooperation
35		agreements under which minors adjudicated delinquent and
36		committed to the Department of Corrections, Juvenile

1		Division, may participate in a county juvenile impact
2		incarceration program established under Section 3-6039 of
3		the Counties Code.
4		(r-10) To systematically and routinely identify with
5		respect to each streetgang active within the correctional
6		system: (1) each active gang; (2) every existing inter-gang
7		affiliation or alliance; and (3) the current leaders in
8		each gang. The Department shall promptly segregate leaders
9		from inmates who belong to their gangs and allied gangs.
10		"Segregate" means no physical contact and, to the extent
11		possible under the conditions and space available at the
12		correctional facility, prohibition of visual and sound
13		communication. For the purposes of this paragraph (r-10),
14		"leaders" means persons who:
15		(i) are members of a criminal streetgang;
16		(ii) with respect to other individuals within the
17		streetgang, occupy a position of organizer,
18		supervisor, or other position of management or
19		leadership; and
20		(iii) are actively and personally engaged in
21		directing, ordering, authorizing, or requesting
22		commission of criminal acts by others, which are
23		punishable as a felony, in furtherance of streetgang
24		related activity both within and outside of the
25		Department of Corrections.
26		"Streetgang", "gang", and "streetgang related" have the
27		meanings ascribed to them in Section 10 of the Illinois
28		Streetgang Terrorism Omnibus Prevention Act.
29		(s) To operate a super-maximum security institution,
30		in order to manage and supervise inmates who are disruptive
31		or dangerous and provide for the safety and security of the
32		staff and the other inmates.
33		(t) To monitor any unprivileged conversation or any
34		unprivileged communication, whether in person or by mail,
35		telephone, or other means, between an inmate who, before
36		commitment to the Department, was a member of an organized

1		gang and any other person without the need to show cause or
2		satisfy any other requirement of law before beginning the
3		monitoring, except as constitutionally required. The
4		monitoring may be by video, voice, or other method of
5		recording or by any other means. As used in this
6		subdivision (1)(t), "organized gang" has the meaning
7		ascribed to it in Section 10 of the Illinois Streetgang
8		Terrorism Omnibus Prevention Act.
9		As used in this subdivision (1)(t), "unprivileged
10		conversation" or "unprivileged communication" means a
11		conversation or communication that is not protected by any
12		privilege recognized by law or by decision, rule, or order
13		of the Illinois Supreme Court.
14		(u) To establish a Women's and Children's Pre-release
15		Community Supervision Program for the purpose of providing
16		housing and services to eligible female inmates, as
17		determined by the Department, and their newborn and young
18		children.
19		(v) To do all other acts necessary to carry out the
20		provisions of this Chapter.
21		(2) The Department of Corrections shall by January 1, 1998,
22		consider building and operating a correctional facility within
23		100 miles of a county of over 2,000,000 inhabitants, especially
24		a facility designed to house juvenile participants in the
25		impact incarceration program.
26		(3) When the Department lets bids for contracts for medical
27		services to be provided to persons committed to Department
28		facilities by a health maintenance organization, medical
29		service corporation, or other health care provider, the bid may
30		only be let to a health care provider that has obtained an
31		irrevocable letter of credit or performance bond issued by a
32		company whose bonds are rated AAA by a bond rating
33		organization.
34		(4) When the Department lets bids for contracts for food or
35		commissary services to be provided to Department facilities,
36		the bid may only be let to a food or commissary services

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

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

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

1		within a circuit may be created for the purposes of providing
2		full-time probation services. Every county or group of counties
3		within a circuit shall maintain a probation department which
4		shall be under the authority of the Chief Judge of the circuit
5		or some other judge designated by the Chief Judge. The Chief
6		Judge, through the Probation and Court Services Department
7		shall submit annual plans to the Division for probation and
8		related services.
9		(b) The Chief Judge of each circuit shall appoint the Chief
10		Probation Officer and all other probation officers for his or
11		her circuit from lists of qualified applicants supplied by the
12		Supreme Court. Candidates for chief managing officer and other
13		probation officer positions must apply with both the Chief
14		Judge of the circuit and the Supreme Court.
15		(3) A Probation and Court Service Department shall apply to
16		the Supreme Court for funds for basic services, and may apply
17		for funds for new and expanded programs or Individualized
18		Services and Programs. Costs shall be reimbursed monthly based
19		on a plan and budget approved by the Supreme Court. No
20		Department may be reimbursed for costs which exceed or are not
21		provided for in the approved annual plan and budget. After the
22		effective date of this amendatory Act of 1985, each county must
23		provide basic services in accordance with the annual plan and
24		standards created by the division. No department may receive
25		funds for new or expanded programs or individualized services
26		and programs unless they are in compliance with standards as
27		enumerated in paragraph (h) of subsection (1) of this Section,
28		the annual plan, and standards for basic services.
29		(4) The Division shall reimburse the county or counties for
30		probation services as follows:
31		(a) 100% of the salary of all chief managing officers
32		designated as such by the Chief Judge and the division.
33		(b) 100% of the salary for all probation officer and
34		supervisor positions approved for reimbursement by the
35		division after April 1, 1984, to meet workload standards
36		and to implement intensive sanction and probation

1		supervision programs and other basic services as defined in
2		this Act.
3		(c) 100% of the salary for all secure detention
4		personnel and non-secure group home personnel approved for
5		reimbursement after December 1, 1990. For all such
6		positions approved for reimbursement before December 1,
7		1990, the counties shall be reimbursed $1,250 per month
8		beginning July 1, 1995, and an additional $250 per month
9		beginning each July 1st thereafter until the positions
10		receive 100% salary reimbursement. Allocation of such
11		positions will be based on comparative need considering
12		capacity, staff/resident ratio, physical plant and
13		program.
14		(d) $1,000 per month for salaries for the remaining
15		probation officer positions engaged in basic services and
16		new or expanded services. All such positions shall be
17		approved by the division in accordance with this Act and
18		division standards.
19		(e) 100% of the travel expenses in accordance with
20		Division standards for all Probation positions approved
21		under paragraph (b) of subsection 4 of this Section.
22		(f) If the amount of funds reimbursed to the county
23		under paragraphs (a) through (e) of subsection 4 of this
24		Section on an annual basis is less than the amount the
25		county had received during the 12 month period immediately
26		prior to the effective date of this amendatory Act of 1985,
27		then the Division shall reimburse the amount of the
28		difference to the county. The effect of paragraph (b) of
29		subsection 7 of this Section shall be considered in
30		implementing this supplemental reimbursement provision.
31		(5) The Division shall provide funds beginning on April 1,
32		1987 for the counties to provide Individualized Services and
33		Programs as provided in Section 16 of this Act.
34		(6) A Probation and Court Services Department in order to
35		be eligible for the reimbursement must submit to the Supreme
36		Court an application containing such information and in such a

1		form and by such dates as the Supreme Court may require.
2		Departments to be eligible for funding must satisfy the
3		following conditions:
4		(a) The Department shall have on file with the Supreme
5		Court an annual Probation plan for continuing, improved,
6		and new Probation and Court Services Programs approved by
7		the Supreme Court or its designee. This plan shall indicate
8		the manner in which Probation and Court Services will be
9		delivered and improved, consistent with the minimum
10		standards and regulations for Probation and Court
11		Services, as established by the Supreme Court. In counties
12		with more than one Probation and Court Services Department
13		eligible to receive funds, all Departments within that
14		county must submit plans which are approved by the Supreme
15		Court.
16		(b) The annual probation plan shall seek to generally
17		improve the quality of probation services and to reduce the
18		commitment of adult and juvenile offenders to the
19		Department of Corrections and shall require, when
20		appropriate, coordination with the Department of
21		Corrections and the Department of Children and Family
22		Services in the development and use of community resources,
23		information systems, case review and permanency planning
24		systems to avoid the duplication of services.
25		(c) The Department shall be in compliance with
26		standards developed by the Supreme Court for basic, new and
27		expanded services, training, personnel hiring and
28		promotion.
29		(d) The Department shall in its annual plan indicate
30		the manner in which it will support the rights of crime
31		victims and in which manner it will implement Article I,
32		Section 8.1 of the Illinois Constitution and in what manner
33		it will coordinate crime victims' support services with
34		other criminal justice agencies within its jurisdiction,
35		including but not limited to, the State's Attorney, the
36		Sheriff and any municipal police department.

1		(7) No statement shall be verified by the Supreme Court or
2		its designee or vouchered by the Comptroller unless each of the
3		following conditions have been met:
4		(a) The probation officer is a full-time employee
5		appointed by the Chief Judge to provide probation services.
6		(b) The probation officer, in order to be eligible for
7		State reimbursement, is receiving a salary of at least
8		$17,000 per year.
9		(c) The probation officer is appointed or was
10		reappointed in accordance with minimum qualifications or
11		criteria established by the Supreme Court; however, all
12		probation officers appointed prior to January 1, 1978,
13		shall be exempted from the minimum requirements
14		established by the Supreme Court. Payments shall be made to
15		counties employing these exempted probation officers as
16		long as they are employed in the position held on the
17		effective date of this amendatory Act of 1985. Promotions
18		shall be governed by minimum qualifications established by
19		the Supreme Court.
20		(d) The Department has an established compensation
21		schedule approved by the Supreme Court. The compensation
22		schedule shall include salary ranges with necessary
23		increments to compensate each employee. The increments
24		shall, within the salary ranges, be based on such factors
25		as bona fide occupational qualifications, performance, and
26		length of service. Each position in the Department shall be
27		placed on the compensation schedule according to job duties
28		and responsibilities of such position. The policy and
29		procedures of the compensation schedule shall be made
30		available to each employee.
31		(8) In order to obtain full reimbursement of all approved
32		costs, each Department must continue to employ at least the
33		same number of probation officers and probation managers as
34		were authorized for employment for the fiscal year which
35		includes January 1, 1985. This number shall be designated as
36		the base amount of the Department. No positions approved by the

1		Division under paragraph (b) of subsection 4 will be included
2		in the base amount. In the event that the Department employs
3		fewer Probation officers and Probation managers than the base
4		amount for a period of 90 days, funding received by the
5		Department under subsection 4 of this Section may be reduced on
6		a monthly basis by the amount of the current salaries of any
7		positions below the base amount.
8		(9) Before the 15th day of each month, the treasurer of any
9		county which has a Probation and Court Services Department, or
10		the treasurer of the most populous county, in the case of a
11		Probation or Court Services Department funded by more than one
12		county, shall submit an itemized statement of all approved
13		costs incurred in the delivery of Basic Probation and Court
14		Services under this Act to the Supreme Court. The treasurer may
15		also submit an itemized statement of all approved costs
16		incurred in the delivery of new and expanded Probation and
17		Court Services as well as Individualized Services and Programs.
18		The Supreme Court or its designee shall verify compliance with
19		this Section and shall examine and audit the monthly statement
20		and, upon finding them to be correct, shall forward them to the
21		Comptroller for payment to the county treasurer. In the case of
22		payment to a treasurer of a county which is the most populous
23		of counties sharing the salary and expenses of a Probation and
24		Court Services Department, the treasurer shall divide the money
25		between the counties in a manner that reflects each county's
26		share of the cost incurred by the Department.
27		(10) The county treasurer must certify that funds received
28		under this Section shall be used solely to maintain and improve
29		Probation and Court Services. The county or circuit shall
30		remain in compliance with all standards, policies and
31		regulations established by the Supreme Court. If at any time
32		the Supreme Court determines that a county or circuit is not in
33		compliance, the Supreme Court shall immediately notify the
34		Chief Judge, county board chairman and the Director of Court
35		Services Chief Probation Officer. If after 90 days of written
36		notice the noncompliance still exists, the Supreme Court shall

1		be required to reduce the amount of monthly reimbursement by
2		10%. An additional 10% reduction of monthly reimbursement shall
3		occur for each consecutive month of noncompliance. Except as
4		provided in subsection 5 of Section 15, funding to counties
5		shall commence on April 1, 1986. Funds received under this Act
6		shall be used to provide for Probation Department expenses
7		including those required under Section 13 of this Act. For
8		State fiscal years year 2004 and 2005 only, the Mandatory
9		Arbitration Fund may be used to provide for Probation
10		Department expenses, including those required under Section 13
11		of this Act.
12		(11) The respective counties shall be responsible for
13		capital and space costs, fringe benefits, clerical costs,
14		equipment, telecommunications, postage, commodities and
15		printing.
16		(12) For purposes of this Act only, probation officers
17		shall be considered peace officers. In the exercise of their
18		official duties, probation officers, sheriffs, and police
19		officers may, anywhere within the State, arrest any probationer
20		who is in violation of any of the conditions of his or her
21		probation, conditional discharge, or supervision, and it shall
22		be the duty of the officer making the arrest to take the
23		probationer before the Court having jurisdiction over the
24		probationer for further order.
25		(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; revised
26		9-23-03.)
27		(730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
28		Sec. 15.1. Probation and Court Services Fund.
29		(a) The county treasurer in each county shall establish a
30		probation and court services fund consisting of fees collected
31		pursuant to subsection (i) of Section 5-6-3 and subsection (i)
32		of Section 5-6-3.1 of the Unified Code of Corrections,
33		subsection (10) of Section 5-615 and subsection (5) of Section
34		5-715 of the Juvenile Court Act of 1987, and paragraph 14.3 of
35		subsection (b) of Section 110-10 of the Code of Criminal

1		Procedure of 1963. The county treasurer shall disburse monies
2		from the fund only at the direction of the chief judge of the
3		circuit court in such circuit where the county is located. The
4		county treasurer of each county shall, on or before January 10
5		of each year, submit an annual report to the Supreme Court.
6		(b) Monies in the probation and court services fund shall
7		be appropriated by the county board to be used within the
8		county or jurisdiction where collected in accordance with
9		policies and guidelines approved by the Supreme Court for the
10		costs of operating the probation and court services department
11		or departments; however, except as provided in subparagraph
12		(g), monies in the probation and court services fund shall not
13		be used for the payment of salaries of probation and court
14		services personnel.
15		(c) Monies expended from the probation and court services
16		fund shall be used to supplement, not supplant, county
17		appropriations for probation and court services.
18		(d) Interest earned on monies deposited in a probation and
19		court services fund may be used by the county for its ordinary
20		and contingent expenditures.
21		(e) The county board may appropriate moneys from the
22		probation and court services fund, upon the direction of the
23		chief judge, to support programs that are part of the continuum
24		of juvenile delinquency intervention programs which are or may
25		be developed within the county. The grants from the probation
26		and court services fund shall be for no more than one year and
27		may be used for any expenses attributable to the program
28		including administration and oversight of the program by the
29		probation department.
30		(f) The county board may appropriate moneys from the
31		probation and court services fund, upon the direction of the
32		chief judge, to support practices endorsed or required under
33		the Sex Offender Management Board Act, including but not
34		limited to sex offender evaluation, treatment, and monitoring
35		programs that are or may be developed within the county.
36		(g) For the State Fiscal Year 2005 only, the Administrative

1		Office of the Illinois Courts may permit a county or circuit to
2		use its probation and court services fund for the payment of
3		salaries of probation officers and other court services
4		personnel whose salaries are reimbursed under this Act if the
5		State's FY2005 appropriation to the Supreme Court for
6		reimbursement to counties for probation salaries and services
7		is less than the amount appropriated to the Supreme Court for
8		these purposes for State Fiscal Year 2004. The Administrative
9		Office of the Illinois Courts shall take into account any
10		annual surplus or deficit that any county or circuit has in its
11		probation and court services fund and any amounts already
12		obligated from such fund when apportioning the total
13		reimbursement for each county or circuit.
14		(Source: P.A. 92-329, eff. 8-9-01; 93-616, eff. 1-1-04.)

15		Section 10-178. The Code of Civil Procedure is amended by
16		changing Section 2-1009A as follows:
17		(735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
18		Sec. 2-1009A. Filing Fees. In each county authorized by the
19		Supreme Court to utilize mandatory arbitration, the clerk of
20		the circuit court shall charge and collect, in addition to any
21		other fees, an arbitration fee of $8, except in counties with
22		3,000,000 or more inhabitants the fee shall be $10, at the time
23		of filing the first pleading, paper or other appearance filed
24		by each party in all civil cases, but no additional fee shall
25		be required if more than one party is represented in a single
26		pleading, paper or other appearance. Arbitration fees received
27		by the clerk of the circuit court pursuant to this Section
28		shall be remitted within one month after receipt to the State
29		Treasurer for deposit into the Mandatory Arbitration Fund, a
30		special fund in the State treasury for the purpose of funding
31		mandatory arbitration programs and such other alternative
32		dispute resolution programs as may be authorized by circuit
33		court rule for operation in counties that have implemented
34		mandatory arbitration, with a separate account being

1		maintained for each county. Notwithstanding any other
2		provision of this Section to the contrary, and for State fiscal
3		years year 2004 and 2005 only, up to $5,500,000 of the
4		Mandatory Arbitration Fund may be used for any other purpose
5		authorized by the Supreme Court.
6		(Source: P.A. 93-25, eff. 6-20-03.)

7		Section 10-180. The Illinois Pre-Need Cemetery Sales Act is
8		amended by changing Section 22 as follows:
9		(815 ILCS 390/22) (from Ch. 21, par. 222)
10		Sec. 22. Cemetery Consumer Protection Fund.
11		(a) Every seller engaging in pre-need sales shall pay to
12		the Comptroller $5 for each said contract entered into, to be
13		paid into a special income earning fund hereby created in the
14		State Treasury, known as the Cemetery Consumer Protection Fund.
15		The above said fees shall be remitted to the Comptroller
16		semi-annually within 30 days after the end of June and December
17		for all contracts that have been entered in such 6 month
18		period.
19		(b) All monies paid into the fund together with all
20		accumulated undistributed income thereon shall be held as a
21		special fund in the State Treasury. The fund shall be used
22		solely for the purpose of providing restitution to consumers
23		who have suffered pecuniary loss arising out of pre-need sales
24		or to satisfy Receiver's fees ordered by the Circuit Court
25		prior to June 30, 2004.
26		(c) The fund shall be applied only to restitution or
27		completion of the project or delivery of the merchandise or
28		services, where such has been ordered by the Circuit Court in a
29		lawsuit brought under this Act by the Attorney General of the
30		State of Illinois on behalf of the Comptroller and in which it
31		has been determined by the Court that the obligation is
32		non-collectible from the judgment debtor. Restitution shall
33		not exceed the amount of the sales price paid plus interest at
34		the statutory rate. The fund shall not be used for the payment

1		of any attorney or other fees.
2		(d) Whenever restitution is paid by the fund, the fund
3		shall be subrogated to the amount of such restitution, and the
4		Comptroller shall request the Attorney General to engage in all
5		reasonable post judgment collection steps to collect said
6		restitution from the judgment debtor and reimburse the fund.
7		(e) The fund shall not be applied toward any restitution
8		for losses in any lawsuit initiated by the Attorney General or
9		Comptroller or with respect to any claim made on pre-need sales
10		which occurred prior to the effective date of this Act.
11		(f) The fund may not be allocated for any purpose other
12		than that specified in this Act.
13		(g) Notwithstanding any other provision of this Section,
14		the payment of restitution from the fund shall be a matter of
15		grace and not of right and no purchaser shall have any vested
16		rights in the fund as a beneficiary or otherwise. Prior to
17		seeking restitution from the fund, a purchaser or beneficiary
18		seeking payment of restitution shall apply for restitution on a
19		form provided by the Comptroller. The form shall include any
20		information the Comptroller may reasonably require in order for
21		the Court to determine that restitution or completion of the
22		project or delivery of merchandise or service is appropriate.
23		(h) Annually, the status of the fund shall be reviewed by
24		the Comptroller, and if he determines that the fund together
25		with all accumulated income earned thereon, equals or exceeds
26		$10,000,000 and that the total number of outstanding claims
27		filed against the fund is less than 10% of the fund's current
28		balance, then payments to the fund shall be suspended until
29		such time as the fund's balance drops below $10,000,000 or the
30		total number of outstanding claims filed against the fund is
31		more than 10% of the fund's current balance, but on such
32		suspension, the fund shall not be considered inactive.
33		(Source: P.A. 92-419, eff. 1-1-02.)

34		Section 10-185. The State Employees Group Insurance Act of
35		1971 is amended by changing Sections 3 and 10 as follows:

1		(5 ILCS 375/3) (from Ch. 127, par. 523)
2		Sec. 3. Definitions. Unless the context otherwise
3		requires, the following words and phrases as used in this Act
4		shall have the following meanings. The Department may define
5		these and other words and phrases separately for the purpose of
6		implementing specific programs providing benefits under this
7		Act.
8		(a) "Administrative service organization" means any
9		person, firm or corporation experienced in the handling of
10		claims which is fully qualified, financially sound and capable
11		of meeting the service requirements of a contract of
12		administration executed with the Department.
13		(b) "Annuitant" means (1) an employee who retires, or has
14		retired, on or after January 1, 1966 on an immediate annuity
15		under the provisions of Articles 2, 14 (including an employee
16		who has elected to receive an alternative retirement
17		cancellation payment under Section 14-108.5 of the Illinois
18		Pension Code in lieu of an annuity), 15 (including an employee
19		who has retired under the optional retirement program
20		established under Section 15-158.2), paragraphs (2), (3), or
21		(5) of Section 16-106, or Article 18 of the Illinois Pension
22		Code; (2) any person who was receiving group insurance coverage
23		under this Act as of March 31, 1978 by reason of his status as
24		an annuitant, even though the annuity in relation to which such
25		coverage was provided is a proportional annuity based on less
26		than the minimum period of service required for a retirement
27		annuity in the system involved; (3) any person not otherwise
28		covered by this Act who has retired as a participating member
29		under Article 2 of the Illinois Pension Code but is ineligible
30		for the retirement annuity under Section 2-119 of the Illinois
31		Pension Code; (4) the spouse of any person who is receiving a
32		retirement annuity under Article 18 of the Illinois Pension
33		Code and who is covered under a group health insurance program
34		sponsored by a governmental employer other than the State of
35		Illinois and who has irrevocably elected to waive his or her

1		coverage under this Act and to have his or her spouse
2		considered as the "annuitant" under this Act and not as a
3		"dependent"; or (5) an employee who retires, or has retired,
4		from a qualified position, as determined according to rules
5		promulgated by the Director, under a qualified local government
6		or a qualified rehabilitation facility or a qualified domestic
7		violence shelter or service. (For definition of "retired
8		employee", see (p) post).
9		(b-5) "New SERS annuitant" means a person who, on or after
10		January 1, 1998, becomes an annuitant, as defined in subsection
11		(b), by virtue of beginning to receive a retirement annuity
12		under Article 14 of the Illinois Pension Code (including an
13		employee who has elected to receive an alternative retirement
14		cancellation payment under Section 14-108.5 of that Code in
15		lieu of an annuity), and is eligible to participate in the
16		basic program of group health benefits provided for annuitants
17		under this Act.
18		(b-6) "New SURS annuitant" means a person who (1) on or
19		after January 1, 1998, becomes an annuitant, as defined in
20		subsection (b), by virtue of beginning to receive a retirement
21		annuity under Article 15 of the Illinois Pension Code, (2) has
22		not made the election authorized under Section 15-135.1 of the
23		Illinois Pension Code, and (3) is eligible to participate in
24		the basic program of group health benefits provided for
25		annuitants under this Act.
26		(b-7) "New TRS State annuitant" means a person who, on or
27		after July 1, 1998, becomes an annuitant, as defined in
28		subsection (b), by virtue of beginning to receive a retirement
29		annuity under Article 16 of the Illinois Pension Code based on
30		service as a teacher as defined in paragraph (2), (3), or (5)
31		of Section 16-106 of that Code, and is eligible to participate
32		in the basic program of group health benefits provided for
33		annuitants under this Act.
34		(c) "Carrier" means (1) an insurance company, a corporation
35		organized under the Limited Health Service Organization Act or
36		the Voluntary Health Services Plan Act, a partnership, or other

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

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

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

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

1		annuitant as that term is defined herein but for the fact that
2		such person retired prior to January 1, 1966. Such term also
3		includes any person formerly employed by the University of
4		Illinois in the Cooperative Extension Service who would be an
5		annuitant but for the fact that such person was made ineligible
6		to participate in the State Universities Retirement System by
7		clause (4) of subsection (a) of Section 15-107 of the Illinois
8		Pension Code.
9		(q) "Survivor" means a person receiving an annuity as a
10		survivor of an employee or of an annuitant. "Survivor" also
11		includes: (1) the surviving dependent of a person who satisfies
12		the 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; and (2) the surviving dependent of any
16		person formerly employed by the University of Illinois in the
17		Cooperative Extension Service who would be an annuitant except
18		for the fact that such person was made ineligible to
19		participate in the State Universities Retirement System by
20		clause (4) of subsection (a) of Section 15-107 of the Illinois
21		Pension Code; and (3) the surviving dependent of a person who
22		was an annuitant under this Act by virtue of receiving an
23		alternative retirement cancellation payment under Section
24		14-108.5 of the Illinois Pension Code.
25		(q-2) "SERS" means the State Employees' Retirement System
26		of Illinois, created under Article 14 of the Illinois Pension
27		Code.
28		(q-3) "SURS" means the State Universities Retirement
29		System, created under Article 15 of the Illinois Pension Code.
30		(q-4) "TRS" means the Teachers' Retirement System of the
31		State of Illinois, created under Article 16 of the Illinois
32		Pension Code.
33		(q-5) "New SERS survivor" means a survivor, as defined in
34		subsection (q), whose annuity is paid under Article 14 of the
35		Illinois Pension Code and is based on the death of (i) an
36		employee whose death occurs on or after January 1, 1998, or

1		(ii) a new SERS annuitant as defined in subsection (b-5). "New
2		SERS survivor" includes the surviving dependent of a person who
3		was an annuitant under this Act by virtue of receiving an
4		alternative retirement cancellation payment under Section
5		14-108.5 of the Illinois Pension Code.
6		(q-6) "New SURS survivor" means a survivor, as defined in
7		subsection (q), whose annuity is paid under Article 15 of the
8		Illinois Pension Code and is based on the death of (i) an
9		employee whose death occurs on or after January 1, 1998, or
10		(ii) a new SURS annuitant as defined in subsection (b-6).
11		(q-7) "New TRS State survivor" means a survivor, as defined
12		in subsection (q), whose annuity is paid under Article 16 of
13		the Illinois Pension Code and is based on the death of (i) an
14		employee who is a teacher as defined in paragraph (2), (3), or
15		(5) of Section 16-106 of that Code and whose death occurs on or
16		after July 1, 1998, or (ii) a new TRS State annuitant as
17		defined in subsection (b-7).
18		(r) "Medical services" means the services provided within
19		the scope of their licenses by practitioners in all categories
20		licensed under the Medical Practice Act of 1987.
21		(s) "Unit of local government" means any county,
22		municipality, township, school district (including a
23		combination of school districts under the Intergovernmental
24		Cooperation Act), special district or other unit, designated as
25		a unit of local government by law, which exercises limited
26		governmental powers or powers in respect to limited
27		governmental subjects, any not-for-profit association with a
28		membership that primarily includes townships and township
29		officials, that has duties that include provision of research
30		service, dissemination of information, and other acts for the
31		purpose of improving township government, and that is funded
32		wholly or partly in accordance with Section 85-15 of the
33		Township Code; any not-for-profit corporation or association,
34		with a membership consisting primarily of municipalities, that
35		operates its own utility system, and provides research,
36		training, dissemination of information, or other acts to

1		promote cooperation between and among municipalities that
2		provide utility services and for the advancement of the goals
3		and purposes of its membership; the Southern Illinois
4		Collegiate Common Market, which is a consortium of higher
5		education institutions in Southern Illinois; and the Illinois
6		Association of Park Districts. "Qualified local government"
7		means a unit of local government approved by the Director and
8		participating in a program created under subsection (i) of
9		Section 10 of this Act.
10		(t) "Qualified rehabilitation facility" means any
11		not-for-profit organization that is accredited by the
12		Commission on Accreditation of Rehabilitation Facilities or
13		certified by the Department of Human Services (as successor to
14		the Department of Mental Health and Developmental
15		Disabilities) to provide services to persons with disabilities
16		and which receives funds from the State of Illinois for
17		providing those services, approved by the Director and
18		participating in a program created under subsection (j) of
19		Section 10 of this Act.
20		(u) "Qualified domestic violence shelter or service" means
21		any Illinois domestic violence shelter or service and its
22		administrative offices funded by the Department of Human
23		Services (as successor to the Illinois Department of Public
24		Aid), approved by the Director and participating in a program
25		created under subsection (k) of Section 10.
26		(v) "TRS benefit recipient" means a person who:
27		(1) is not a "member" as defined in this Section; and
28		(2) is receiving a monthly benefit or retirement
29		annuity under Article 16 of the Illinois Pension Code; and
30		(3) either (i) has at least 8 years of creditable
31		service under Article 16 of the Illinois Pension Code, or
32		(ii) was enrolled in the health insurance program offered
33		under that Article on January 1, 1996, or (iii) is the
34		survivor of a benefit recipient who had at least 8 years of
35		creditable service under Article 16 of the Illinois Pension
36		Code or was enrolled in the health insurance program

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

1		boards created under the Public Community College Act
2		(other than an employee whose last employer under Article
3		15 of the Illinois Pension Code was a community college
4		district subject to Article VII of the Public Community
5		College Act) and was eligible to participate in a group
6		health benefit plan as an employee during the time of
7		employment with a community college district (other than a
8		community college district subject to Article VII of the
9		Public Community College Act) or an association of
10		community college boards, or (ii) is the survivor of a
11		person described in item (i).
12		(aa) "Community college dependent beneficiary" means a
13		person who:
14		(1) is not a "member" or "dependent" as defined in this
15		Section; and
16		(2) is a community college benefit recipient's: (A)
17		spouse, (B) dependent parent who is receiving at least half
18		of his or her support from the community college benefit
19		recipient, or (C) unmarried natural or adopted child who is
20		(i) under age 19, or (ii) enrolled as a full-time student
21		in an accredited school, financially dependent upon the
22		community college benefit recipient, eligible to be
23		claimed as a dependent for income tax purposes and under
24		age 23, or (iii) age 19 or over and mentally or physically
25		handicapped.
26		(Source: P.A. 92-16, eff. 6-28-01; 92-186, eff. 1-1-02; 92-204,
27		eff. 8-1-01; 92-651, eff. 7-11-02; 93-205, eff. 1-1-04.)
28		(5 ILCS 375/10) (from Ch. 127, par. 530)
29		Sec. 10. Payments by State; premiums.
30		(a) The State shall pay the cost of basic non-contributory
31		group life insurance and, subject to member paid contributions
32		set by the Department or required by this Section, the basic
33		program of group health benefits on each eligible member,
34		except a member, not otherwise covered by this Act, who has
35		retired as a participating member under Article 2 of the

1		Illinois Pension Code but is ineligible for the retirement
2		annuity under Section 2-119 of the Illinois Pension Code, and
3		part of each eligible member's and retired member's premiums
4		for health insurance coverage for enrolled dependents as
5		provided by Section 9. The State shall pay the cost of the
6		basic program of group health benefits only after benefits are
7		reduced by the amount of benefits covered by Medicare for all
8		members and dependents who are eligible for benefits under
9		Social Security or the Railroad Retirement system or who had
10		sufficient Medicare-covered government employment, except that
11		such reduction in benefits shall apply only to those members
12		and dependents who (1) first become eligible for such Medicare
13		coverage on or after July 1, 1992; or (2) are Medicare-eligible
14		members or dependents of a local government unit which began
15		participation in the program on or after July 1, 1992; or (3)
16		remain eligible for, but no longer receive Medicare coverage
17		which they had been receiving on or after July 1, 1992. The
18		Department may determine the aggregate level of the State's
19		contribution on the basis of actual cost of medical services
20		adjusted for age, sex or geographic or other demographic
21		characteristics which affect the costs of such programs.
22		The cost of participation in the basic program of group
23		health benefits for the dependent or survivor of a living or
24		deceased retired employee who was formerly employed by the
25		University of Illinois in the Cooperative Extension Service and
26		would be an annuitant but for the fact that he or she was made
27		ineligible to participate in the State Universities Retirement
28		System by clause (4) of subsection (a) of Section 15-107 of the
29		Illinois Pension Code shall not be greater than the cost of
30		participation that would otherwise apply to that dependent or
31		survivor if he or she were the dependent or survivor of an
32		annuitant under the State Universities Retirement System.
33		(a-1) Beginning January 1, 1998, for each person who
34		becomes a new SERS annuitant and participates in the basic
35		program of group health benefits, the State shall contribute
36		toward the cost of the annuitant's coverage under the basic

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

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

1		(a-7) Beginning July 1, 1998, for each person who becomes a
2		new TRS State survivor and participates in the basic program of
3		group health benefits, the State shall contribute toward the
4		cost of the survivor's coverage under the basic program of
5		group health benefits an amount equal to 5% of that cost for
6		each full year of the deceased employee's or deceased
7		annuitant's creditable service as a teacher as defined in
8		paragraph (2), (3), or (5) of Section 16-106 of the Illinois
9		Pension Code on the date of death, up to a maximum of 100%;
10		except that the State contribution shall be 12.5% per year
11		(rather than 5%) for each full year of the deceased employee's
12		or deceased annuitant's creditable service as a regional
13		superintendent or assistant regional superintendent of
14		schools. The remainder of the cost of the new TRS State
15		survivor's coverage under the basic program of group health
16		benefits shall be the responsibility of the survivor.
17		(a-8) A new SERS annuitant, new SERS survivor, new SURS
18		annuitant, new SURS survivor, new TRS State annuitant, or new
19		TRS State survivor may waive or terminate coverage in the
20		program of group health benefits. Any such annuitant or
21		survivor who has waived or terminated coverage may enroll or
22		re-enroll in the program of group health benefits only during
23		the annual benefit choice period, as determined by the
24		Director; except that in the event of termination of coverage
25		due to nonpayment of premiums, the annuitant or survivor may
26		not re-enroll in the program.
27		(a-9) No later than May 1 of each calendar year, the
28		Director of Central Management Services shall certify in
29		writing to the Executive Secretary of the State Employees'
30		Retirement System of Illinois the amounts of the Medicare
31		supplement health care premiums and the amounts of the health
32		care premiums for all other retirees who are not Medicare
33		eligible.
34		A separate calculation of the premiums based upon the
35		actual cost of each health care plan shall be so certified.
36		The Director of Central Management Services shall provide

1		to the Executive Secretary of the State Employees' Retirement
2		System of Illinois such information, statistics, and other data
3		as he or she may require to review the premium amounts
4		certified by the Director of Central Management Services.
5		(b) State employees who become eligible for this program on
6		or after January 1, 1980 in positions normally requiring actual
7		performance of duty not less than 1/2 of a normal work period
8		but not equal to that of a normal work period, shall be given
9		the option of participating in the available program. If the
10		employee elects coverage, the State shall contribute on behalf
11		of such employee to the cost of the employee's benefit and any
12		applicable dependent supplement, that sum which bears the same
13		percentage as that percentage of time the employee regularly
14		works when compared to normal work period.
15		(c) The basic non-contributory coverage from the basic
16		program of group health benefits shall be continued for each
17		employee not in pay status or on active service by reason of
18		(1) leave of absence due to illness or injury, (2) authorized
19		educational leave of absence or sabbatical leave, or (3)
20		military leave with pay and benefits. This coverage shall
21		continue until expiration of authorized leave and return to
22		active service, but not to exceed 24 months for leaves under
23		item (1) or (2). This 24-month limitation and the requirement
24		of returning to active service shall not apply to persons
25		receiving ordinary or accidental disability benefits or
26		retirement benefits through the appropriate State retirement
27		system or benefits under the Workers' Compensation or
28		Occupational Disease Act.
29		(d) The basic group life insurance coverage shall continue,
30		with full State contribution, where such person is (1) absent
31		from active service by reason of disability arising from any
32		cause other than self-inflicted, (2) on authorized educational
33		leave of absence or sabbatical leave, or (3) on military leave
34		with pay and benefits.
35		(e) Where the person is in non-pay status for a period in
36		excess of 30 days or on leave of absence, other than by reason

1		of disability, educational or sabbatical leave, or military
2		leave with pay and benefits, such person may continue coverage
3		only by making personal payment equal to the amount normally
4		contributed by the State on such person's behalf. Such payments
5		and coverage may be continued: (1) until such time as the
6		person returns to a status eligible for coverage at State
7		expense, but not to exceed 24 months, (2) until such person's
8		employment or annuitant status with the State is terminated, or
9		(3) for a maximum period of 4 years for members on military
10		leave with pay and benefits and military leave without pay and
11		benefits (exclusive of any additional service imposed pursuant
12		to law).
13		(f) The Department shall establish by rule the extent to
14		which other employee benefits will continue for persons in
15		non-pay status or who are not in active service.
16		(g) The State shall not pay the cost of the basic
17		non-contributory group life insurance, program of health
18		benefits and other employee benefits for members who are
19		survivors as defined by paragraphs (1) and (2) of subsection
20		(q) of Section 3 of this Act. The costs of benefits for these
21		survivors shall be paid by the survivors or by the University
22		of Illinois Cooperative Extension Service, or any combination
23		thereof. However, the State shall pay the amount of the
24		reduction in the cost of participation, if any, resulting from
25		the amendment to subsection (a) made by this amendatory Act of
26		the 91st General Assembly.
27		(h) Those persons occupying positions with any department
28		as a result of emergency appointments pursuant to Section 8b.8
29		of the Personnel Code who are not considered employees under
30		this Act shall be given the option of participating in the
31		programs of group life insurance, health benefits and other
32		employee benefits. Such persons electing coverage may
33		participate only by making payment equal to the amount normally
34		contributed by the State for similarly situated employees. Such
35		amounts shall be determined by the Director. Such payments and
36		coverage may be continued until such time as the person becomes

1		an employee pursuant to this Act or such person's appointment
2		is terminated.
3		(i) Any unit of local government within the State of
4		Illinois may apply to the Director to have its employees,
5		annuitants, and their dependents provided group health
6		coverage under this Act on a non-insured basis. To participate,
7		a unit of local government must agree to enroll all of its
8		employees, who may select coverage under either the State group
9		health benefits plan or a health maintenance organization that
10		has contracted with the State to be available as a health care
11		provider for employees as defined in this Act. A unit of local
12		government must remit the entire cost of providing coverage
13		under the State group health benefits plan or, for coverage
14		under a health maintenance organization, an amount determined
15		by the Director based on an analysis of the sex, age,
16		geographic location, or other relevant demographic variables
17		for its employees, except that the unit of local government
18		shall not be required to enroll those of its employees who are
19		covered spouses or dependents under this plan or another group
20		policy or plan providing health benefits as long as (1) an
21		appropriate official from the unit of local government attests
22		that each employee not enrolled is a covered spouse or
23		dependent under this plan or another group policy or plan, and
24		(2) at least 85% of the employees are enrolled and the unit of
25		local government remits the entire cost of providing coverage
26		to those employees, except that a participating school district
27		must have enrolled at least 85% of its full-time employees who
28		have not waived coverage under the district's group health plan
29		by participating in a component of the district's cafeteria
30		plan. A participating school district is not required to enroll
31		a full-time employee who has waived coverage under the
32		district's health plan, provided that an appropriate official
33		from the participating school district attests that the
34		full-time employee has waived coverage by participating in a
35		component of the district's cafeteria plan. For the purposes of
36		this subsection, "participating school district" includes a

1		unit of local government whose primary purpose is education as
2		defined by the Department's rules.
3		Employees of a participating unit of local government who
4		are not enrolled due to coverage under another group health
5		policy or plan may enroll in the event of a qualifying change
6		in status, special enrollment, special circumstance as defined
7		by the Director, or during the annual Benefit Choice Period. A
8		participating unit of local government may also elect to cover
9		its annuitants. Dependent coverage shall be offered on an
10		optional basis, with the costs paid by the unit of local
11		government, its employees, or some combination of the two as
12		determined by the unit of local government. The unit of local
13		government shall be responsible for timely collection and
14		transmission of dependent premiums.
15		The Director shall annually determine monthly rates of
16		payment, subject to the following constraints:
17		(1) In the first year of coverage, the rates shall be
18		equal to the amount normally charged to State employees for
19		elected optional coverages or for enrolled dependents
20		coverages or other contributory coverages, or contributed
21		by the State for basic insurance coverages on behalf of its
22		employees, adjusted for differences between State
23		employees and employees of the local government in age,
24		sex, geographic location or other relevant demographic
25		variables, plus an amount sufficient to pay for the
26		additional administrative costs of providing coverage to
27		employees of the unit of local government and their
28		dependents.
29		(2) In subsequent years, a further adjustment shall be
30		made to reflect the actual prior years' claims experience
31		of the employees of the unit of local government.
32		In the case of coverage of local government employees under
33		a health maintenance organization, the Director shall annually
34		determine for each participating unit of local government the
35		maximum monthly amount the unit may contribute toward that
36		coverage, based on an analysis of (i) the age, sex, geographic

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

1		(2) at least 85% of the employees are enrolled and the
2		rehabilitation facility remits the entire cost of providing
3		coverage to those employees. Employees of a participating
4		rehabilitation facility who are not enrolled due to coverage
5		under another group health policy or plan may enroll in the
6		event of a qualifying change in status, special enrollment,
7		special circumstance as defined by the Director, or during the
8		annual Benefit Choice Period. A participating rehabilitation
9		facility may also elect to cover its annuitants. Dependent
10		coverage shall be offered on an optional basis, with the costs
11		paid by the rehabilitation facility, its employees, or some
12		combination of the 2 as determined by the rehabilitation
13		facility. The rehabilitation facility shall be responsible for
14		timely collection and transmission of dependent premiums.
15		The Director shall annually determine quarterly rates of
16		payment, subject to the following constraints:
17		(1) In the first year of coverage, the rates shall be
18		equal to the amount normally charged to State employees for
19		elected optional coverages or for enrolled dependents
20		coverages or other contributory coverages on behalf of its
21		employees, adjusted for differences between State
22		employees and employees of the rehabilitation facility in
23		age, sex, geographic location or other relevant
24		demographic variables, plus an amount sufficient to pay for
25		the additional administrative costs of providing coverage
26		to employees of the rehabilitation facility and their
27		dependents.
28		(2) In subsequent years, a further adjustment shall be
29		made to reflect the actual prior years' claims experience
30		of the employees of the rehabilitation facility.
31		Monthly payments by the rehabilitation facility or its
32		employees for group health benefits shall be deposited in the
33		Local Government Health Insurance Reserve Fund.
34		(k) Any domestic violence shelter or service within the
35		State of Illinois may apply to the Director to have its
36		employees, annuitants, and their dependents provided group

1		health coverage under this Act on a non-insured basis. To
2		participate, a domestic violence shelter or service must agree
3		to enroll all of its employees and pay the entire cost of
4		providing such coverage for its employees. A participating
5		domestic violence shelter may also elect to cover its
6		annuitants. Dependent coverage shall be offered on an optional
7		basis, with employees, or some combination of the 2 as
8		determined by the domestic violence shelter or service. The
9		domestic violence shelter or service shall be responsible for
10		timely collection and transmission of dependent premiums.
11		The Director shall annually determine rates of payment,
12		subject to the following constraints:
13		(1) In the first year of coverage, the rates shall be
14		equal to the amount normally charged to State employees for
15		elected optional coverages or for enrolled dependents
16		coverages or other contributory coverages on behalf of its
17		employees, adjusted for differences between State
18		employees and employees of the domestic violence shelter or
19		service in age, sex, geographic location or other relevant
20		demographic variables, plus an amount sufficient to pay for
21		the additional administrative costs of providing coverage
22		to employees of the domestic violence shelter or service
23		and their dependents.
24		(2) In subsequent years, a further adjustment shall be
25		made to reflect the actual prior years' claims experience
26		of the employees of the domestic violence shelter or
27		service.
28		Monthly payments by the domestic violence shelter or
29		service or its employees for group health insurance shall be
30		deposited in the Local Government Health Insurance Reserve
31		Fund.
32		(l) A public community college or entity organized pursuant
33		to the Public Community College Act may apply to the Director
34		initially to have only annuitants not covered prior to July 1,
35		1992 by the district's health plan provided health coverage
36		under this Act on a non-insured basis. The community college

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

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

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

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

26		Section 10-195. The Illinois Pension Code is amended by
27		adding Sections 14-104.12 and 14-108.5 and changing Section
28		14-130 as follows:
29		(40 ILCS 5/14-104.12 new)
30		Sec. 14-104.12. Early termination incentives under the
31		State Finance Act. Notwithstanding any other provision of this
32		Article and notwithstanding that they may be payable from a
33		personal services line item, early termination incentives paid
34		under Section 14a.5 of the State Finance Act:

1		(1) shall not be included in, and do not affect the
2		calculation of, compensation or final average compensation
3		under this Article;
4		(2) do not entitle the recipient to establish any
5		additional service credit under this Article;
6		(3) do not require and shall not result in the payment
7		of any employee or employer contributions under this
8		Article; and
9		(4) have no effect under this Article except to
10		disqualify the recipient from receiving the alternative
11		retirement cancellation payment under Section 14-108.5.
12		(40 ILCS 5/14-108.5 new)
13		Sec. 14-108.5. Alternative retirement cancellation
14		payment.
15		(a) To be eligible for the alternative retirement
16		cancellation payment provided in this Section, a person must:
17		(1) be a member of this System who, on any day during
18		June 2004, was (i) in active payroll status as an employee
19		in a position listed in subsection (b) of this Section and
20		continuously employed in a position listed in subsection
21		(b) on and after January 1, 2004 and (ii) an active
22		contributor to this System with respect to that employment;
23		(2) have not previously received any retirement
24		annuity under this Article;
25		(3) not accept an incentive payment under Section 14a.5
26		of the State Finance Act;
27		(4) in the case of persons employed in a position title
28		listed under paragraph (1) of subsection (b), be among the
29		first 3,000 persons to file with the Board on or before
30		September 30, 2004 a written application requesting the
31		alternative retirement cancellation payment provided in
32		this Section;
33		(5) in the case of persons employed in a position title
34		listed under paragraph (2) of subsection (b), have received
35		written authorization from the director or other head of

1		his or her department and filed that authorization with the
2		system on or before September 1, 2004;
3		(6) if there is a QILDRO in effect against the person,
4		file with the Board the written consent of all alternate
5		payees under the QILDRO to the election of an alternative
6		retirement cancellation payment under this Section; and
7		(7) terminate employment under this Article within 2
8		weeks after approval of the person's application
9		requesting the alternative retirement cancellation
10		payment, but in no event later than October 31, 2004.
11		(b)(1) Position titles eligible for the alternative
12		retirement cancellation payment provided in this Section
13		are:
14		911 Analyst III; Brickmason; Account Clerk I and II; Budget
15		Analyst I and II; Account Technician I and II; Budget
16		Operations Director; Accountant; Budget Principal;
17		Accountant Advanced; Building Services Worker; Accountant
18		Supervisor; Building/Grounds Laborer; Accounting Fiscal
19		Administrative Career Trainee; Building/Grounds Lead 1 and
20		2; Accounts Payable Processing Analyst; Building/Grounds
21		Maintenance Worker; Accounts Payable Specialist;
22		Building/Grounds Supervisor; Accounts Processing Analyst;
23		Bureau Chief; Actuarial Assistant; Business Administrative
24		Specialist; Administrative and Technology Director;
25		Business Analyst I through IV; Administrative Assistant I
26		through III; Business Manager; Administrative Clerk;
27		Buyer; Administrative Coordinator; Buyer Assistant;
28		Administrator; Capital Budget Analyst I and II;
29		Administrator of Capital Programs; Capital Budget
30		Director; Administrator of Construction Administration;
31		Capital Programs Analyst I and II; Administrator of
32		Contract Administration; Capital Programs Technician;
33		Administrator of Fair Employment Practices; Carpenter;
34		Administrator of Fiscal; Carpenter Foreman; Administrator
35		of Information Management; Cartographer I through III;

1		Administrator of Information Systems; Chief - Police;
2		Administrator of Personnel; Chief Veterans Technician;
3		Administrator of Professional Services; Circuit
4		Provisioning Specialist; Administrator of Public Affairs;
5		Civil Engineer I through IX; Administrator of
6		Quality-Based Selection; Civil Engineer Trainee;
7		Administrator of Strategic Planning and Training; Clerical
8		Trainee; Appeals & Orders Coordinator; Communications
9		Director; Appraisal Specialist 1 through 3; Community
10		Planner 3; Assignment Coordinator; Commander; Assistant
11		Art-in-Architecture Coordinator; Compliance Specialist;
12		Assistant Chief - Police; Conservation Education
13		Representative; Assistant Internal Auditor; Conservation
14		Grant Administrator 1 through 3; Assistant Manager;
15		Construction Supervisor I and II; Assistant Personnel
16		Officer; Consumer Policy Analyst; Assistant Professor
17		Scientist; Consumer Program Coordinator; Assistant
18		Reimbursement Officer; Contract Executive; Assistant
19		Steward; Coordinator of Administrative Services; Associate
20		Director for Administrative Services; Coordinator of
21		Art-in-Architecture; Associate Museum Director;
22		Corrections Clerk I through III; Associate Professor
23		Scientist; Corrections Maintenance Supervisor; Corrections
24		Caseworker Supervisor; Corrections Food Service
25		Supervisor; Auto Parts Warehouse Specialist; Corrections
26		Maintenance Worker; Auto Parts Warehouser; Curator I
27		through III; Automotive Attendant I and II; Data Processing
28		Administrative Specialist; Automotive Mechanic; Data
29		Processing Assistant; Automotive Shop Supervisor; Data
30		Processing Operator; Baker; Data Processing Specialist;
31		Barber; Data Processing Supervisor 1 through 3;
32		Beautician; Data Processing Technician; Brickmason; Deputy
33		Chief Counsel; Director of Licensing; Desktop Technician;
34		Director of Security; Human Resources Officer; Division
35		Chief; Human Resources Representative; Division Director;
36		Human Resources Specialist; Economic Analyst I through IV;

1		Human Resources Trainee; Electrical Engineer; Human
2		Services Casework Manager; Electrical Engineer I through
3		V; Human Services Grant Coordinator 2 and 3; Electrical
4		Equipment Installer/Repairer; Iconographer; Electrical
5		Equipment Installer/Repairer Lead Worker; Industry and
6		Commercial Development Representative 1 and 2;
7		Electrician; Industry Services Consultant 1 and 2;
8		Electronics Technician; Information Services Intern;
9		Elevator Operator; Information Services Specialist I and
10		II; Endangered Species Secretary; Information Systems
11		Analyst I through III; Engineering Aide; Information
12		Systems Manager; Engineering Analyst I through IV;
13		Information Systems Planner; Engineering Manager I and II;
14		Institutional Maintenance Worker; Engineering Technician I
15		through V; Instrument Designer; Environmental Scientist I
16		and II; Insurance Analyst I through IV; Executive I through
17		VI; Executive Assistant; Intermittent Clerk; Executive
18		Assistant I through IV; Intermittent Laborer Maintenance;
19		Executive Secretary 1 through 3; Intern; Federal Funding
20		and Public Safety Director; Internal Auditor 1; Financial &
21		Budget Assistant; Internal Communications Officer;
22		Financial & Budget Supervisor; International Marketing
23		Representative 1; Financial Management Director; IT
24		Manager; Fiscal Executive; Janitor I and II; Fiscal
25		Officer; Junior State Veterinarian; Gas Engineer I through
26		IV; Junior Supervisor Scientist; General Counsel and
27		Regulatory Director; Laboratory Manager II; General
28		Services Administrator I; Labor Maintenance Lead Worker;
29		General Services Technician; Laborer; Geographic
30		Information Specialist 1 and 2; Laborer (Building);
31		Geologist I through IV; Laborer (Maintenance); Graphic
32		Arts Design Supervisor; Landscape Architect; Graphic Arts
33		Designer; Landscape Architect I through IV; Graphic Arts
34		Technician; Landscape Planner; Grounds Supervisor; Laundry
35		Manager I; Highway Construction Supervisor I; Legislative
36		Liaison I and II; Historical Research Editor 2; Liability

1		Claims Adjuster 1 and 2; Historical Research Specialist;
2		Librarian 1 and 2; Horse Custodian; Library Aide I through
3		III; Horse Identifier; Library Associate; Hourly
4		Assistant; Library Technical Assistant; Human Resource
5		Coordinator; Licensing Assistant; Human Resources Analyst;
6		Line Technician I through II; Human Resources Assistant;
7		Local History Service Representative; Human Resources
8		Associate; Local Housing Advisor 2 and 3; Human Resources
9		Manager; Local Revenue and Fiscal Advisor 3; Machinist;
10		Locksmith; Maintenance Equipment Operator; Operations
11		Communications Specialist Trainee; Maintenance Worker;
12		Operations Technician; Maintenance Worker Power Plant;
13		Painter; Management Information Technician; Paralegal
14		Assistant; Management Operations Analyst 1 and 2;
15		Performance Management Analyst; Management Secretary I;
16		Personnel Manager; Management Systems Specialist;
17		Photogrammetrist I through IV; Management Technician I
18		through IV; Physician; Manager; Physician Specialist
19		Operations A through D; Manpower Planner 1 through 3;
20		Planning Director; Medical Administrator III and V; Plant
21		Maintenance Engineer 1 and 2; Methods & Processes Advisor
22		1, 2 and III; Plumber; Methods & Processes Career Associate
23		1 and 2; Policy Advisor; Microfilm Operator I through III;
24		Policy Analyst I through IV; Military Administrative
25		Assistant I; Power Shovel Operator (Maintenance); Military
26		Administrative Clerk; Principal Economist; Military
27		Administrative Officer-Legal; Principal Scientist;
28		Military Administrative Specialist; Private Secretary 1
29		and 2; Military Community Relations Specialist; Private
30		Secretary I and II; Military Cooperative Agreement
31		Specialist; Procurement Representative; Military Crash,
32		Fire, Rescue I through III; Professor & Scientist; Military
33		Energy Manager; Program Manager; Military Engineer
34		Technician; Program Specialist; Military Environmental
35		Specialist I through III; Project Coordinator; Military
36		Facilities Engineer; Project Designer; Military Facilities

1		Officer I; Project Manager I through III; Military
2		Maintenance Engineer; Project Manager; Military Museum
3		Director; Project Manager/Technical Specialist I thru III;
4		Military Program Supervisor; Project Specialist I through
5		IV; Military Property Custodian II; Projects Director;
6		Military Real Property Clerk; Property & Supply Clerk I
7		through III; Motorist Assistance Specialist; Property
8		Control Officer; Museum Director; Public Administration
9		Intern; Museum Security Head I through III; Public
10		Information Coordinator; Museum Technician I through III;
11		Public Information Officer; Network Control Center
12		Specialist; Public Information Officer 2 through 4;
13		Network Control Center Technician 2; Public Service
14		Administrator; Network Engineer I through IV; Race Track
15		Maintenance 1 and 2; Office Administration Specialist;
16		Radio Technician Program Coordinator; Office Administrator
17		1 through 5; Realty Specialist I through V; Office Aide;
18		Receptionist; Office Assistant; Regional Manager; Office
19		Associate; Regulatory Accountant IV; Office Clerk;
20		Reimbursement Officer 1 and 2; Office Coordinator;
21		Representative I and II; Office Manager; Representative
22		Trainee; Office Occupations Trainee; School Construction
23		Manager; Office Specialist; Secretary I and IV; Operations
24		Communications Specialist I and II; Security Guard; Senior
25		Economic Analyst; Security Supervisor; Senior Editor;
26		Systems Developer I through IV; Senior Electrical
27		Engineer; Systems Developer Trainee; Senior Financial &
28		Budget Assistant; Systems Engineer I through IV; Senior Gas
29		Engineer; Systems Engineer Trainee; Senior Policy Analyst;
30		Tariff & Order Coordinator; Senior Programs Analyst;
31		Tariff Administrator III; Senior Project Consultant;
32		Tariff Analyst IV; Senior Project Manager; Teacher of
33		Barbering; Senior Public Information Officer; Teacher of
34		Beauty Culture; Senior Public Service Administrator;
35		Technical Advisor 2 and 3; Senior Rate Analyst; Technical
36		Advisor I through VII; Senior Technical Assistant;

1		Technical Analyst; Technical Manager I through IX; Senior
2		Technical Supervisor; Technical Assistant; Senior
3		Technology Specialist; Technical Manager 1; Senior
4		Transportation Industry Analyst; Technical Manager I
5		through X; Sewage Plant Operator; Technical Specialist;
6		Sign Hanger; Technical Support Specialist; Sign Hanger
7		Foreman; Technical Specialist I thru III; Sign Painter;
8		Technician Trainee; Sign Shop Foreman; Telecom Systems
9		Analyst; Silk Screen Operator; Telecom Systems Consultant;
10		Senior Administrative Assistant; Telecom Systems
11		Technician 1 and 2; Site Superintendent; Telecommunication
12		Supervisor; Software Architect; Tinsmith; Special
13		Assistant; Trades Tender; Special Assistant to the
14		Executive Director; Training Coordinator; Staff
15		Development Specialist I; Transportation Counsel; Staff
16		Development Technician II; Transportation Industry Analyst
17		III; State Police Captain; Transportation Industry
18		Customer Service; State Police Lieutenant; Transportation
19		Officer; State Police Major; Transportation Policy Analyst
20		III and IV; State Police Master Sergeant; Urban Planner I
21		through VI; Stationary Engineer; Utility Engineer I and II;
22		Stationary Engineer Assistant Chief; Veteran Secretary;
23		Stationary Engineer Chief; Veteran Technician; Stationary
24		Fireman; Water Engineer I through IV; Statistical Research
25		Specialist 1 through 3; Water Plant Operator; Statistical
26		Research Supervisor; Web and Publications Manager;
27		Statistical Research Technician; Steamfitter; Steward;
28		Steward Secretary; Storekeeper I through III; Stores
29		Clerk; Student Intern; Student Worker; Supervisor;
30		Supervisor & Assistant Scientist; Supervisor & Associate
31		Scientist; Switchboard Operator 1 through 3;
32		Administrative Assistant to the Superintendent; Assistant
33		Legal Advisor; Legal Assistant; Senior Human Resources
34		Specialist; Principal Internal Auditor; Division
35		Administrator; Division Supervisor; and Private Secretary
36		I through III.

1		(2) In addition, any position titles with the Speaker
2		of the House of Representatives, the Minority Leader of the
3		House of Representatives, the President of the Senate, the
4		Minority Leader of the Senate, the Attorney General, the
5		Secretary of State, the Comptroller, the Treasurer, the
6		Auditor General, the Supreme Court, the Court of Claims,
7		and each legislative agency are eligible for the
8		alternative retirement cancellation payment provided in
9		this Section.
10		(c) In lieu of any retirement annuity or other benefit
11		provided under this Article, a person who qualifies for and
12		elects to receive the alternative retirement cancellation
13		payment under this Section shall be entitled to receive a
14		one-time lump sum retirement cancellation payment equal to the
15		amount of his or her contributions to the System (including any
16		employee contributions for optional service credit and
17		including any employee contributions paid by the employer or
18		credited to the employee during disability) as of the date of
19		termination, with regular interest, multiplied by 2.
20		(d) Notwithstanding any other provision of this Article, a
21		person who receives an alternative retirement cancellation
22		payment under this Section thereby forfeits the right to any
23		other retirement or disability benefit or refund under this
24		Article, and no widow's, survivor's, or death benefit deriving
25		from that person shall be payable under this Article. Upon
26		accepting an alternative retirement cancellation payment under
27		this Section, the person's creditable service and all other
28		rights in the System are terminated for all purposes, except
29		for the purpose of determining State group life and health
30		benefits for the person and his or her survivors as provided
31		under the State Employees Group Insurance Act of 1971.
32		(e) To the extent permitted by federal law, a person who
33		receives an alternative retirement cancellation payment under
34		this Section may direct the System to pay all or a portion of
35		that payment as a rollover into another retirement plan or
36		account qualified under the Internal Revenue Code of 1986, as

1		amended.
2		(f) Notwithstanding Section 14-111, a person who has
3		received an alternative retirement cancellation payment under
4		this Section and who reenters service under this Article other
5		than as a temporary employee must repay to the System the
6		amount by which that alternative retirement cancellation
7		payment exceeded the amount of his or her refundable employee
8		contributions within 60 days of resuming employment under this
9		System. For the purposes of re-establishing creditable service
10		that was terminated upon election of the alternative retirement
11		cancellation payment, the portion of the alternative
12		retirement cancellation payment representing refundable
13		employee contributions shall be deemed a refund repayable in
14		accordance with Section 14-130.
15		(g) The Economic and Fiscal Commission shall determine and
16		report to the Governor and the General Assembly, on or before
17		January 1, 2006, its estimate of (1) the annual amount of
18		payroll savings likely to be realized by the State as a result
19		of the early termination of persons receiving the alternative
20		retirement cancellation payment under this Section and (2) the
21		net annual savings or cost to the State from the program of
22		alternative retirement cancellation payments under this
23		Section.
24		The System, the Department of Central Management Services,
25		the Governor's Office of Management and Budget, and all other
26		departments shall provide to the Commission any assistance that
27		the Commission may request with respect to its report under
28		this Section. The Commission may require departments to provide
29		it with any information that it deems necessary or useful with
30		respect to its reports under this Section, including without
31		limitation information about (1) the final earnings of former
32		department employees who elected to receive alternative
33		retirement cancellation payments under this Section, (2) the
34		earnings of current department employees holding the positions
35		vacated by persons who elected to receive alternative
36		retirement cancellation payments under this Section, and (3)

1		positions vacated by persons who elected to receive alternative
2		retirement cancellation payments under this Section that have
3		not yet been refilled.
4		(40 ILCS 5/14-130) (from Ch. 108 1/2, par. 14-130)
5		Sec. 14-130. Refunds; rules.
6		(a) Upon withdrawal a member is entitled to receive, upon
7		written request, a refund of the member's contributions,
8		including credits granted while in receipt of disability
9		benefits, without credited interest. The board, in its
10		discretion may withhold payment of the refund of a member's
11		contributions for a period not to exceed 1 year after the
12		member has ceased to be an employee.
13		For purposes of this Section, a member will be considered
14		to have withdrawn from service if a change in, or transfer of,
15		his position results in his becoming ineligible for continued
16		membership in this System and eligible for membership in
17		another public retirement system under this Act.
18		(b) A member receiving a refund forfeits and relinquishes
19		all accrued rights in the System, including all accumulated
20		creditable service. If the person again becomes a member of the
21		System and establishes at least 2 years of creditable service,
22		the member may repay the moneys previously refunded. However, a
23		former member may restore credits previously forfeited by
24		acceptance of a refund without returning to service by applying
25		in writing and repaying to the System, by April 1, 1993, the
26		amount of the refund plus regular interest calculated from the
27		date of refund to the date of repayment.
28		The repayment of refunds issued prior to January 1, 1984
29		shall consist of the amount refunded plus 5% interest per annum
30		compounded annually for the period from the date of the refund
31		to the end of the month in which repayment is made. The
32		repayment of refunds issued after January 1, 1984 shall consist
33		of the amount refunded plus regular interest for the period
34		from the date of refund to the end of the month in which
35		repayment is made. The repayment of the refund of a person who

1		accepts an alternative retirement cancellation payment under
2		Section 14-108.5 shall consist of the entire amount paid to the
3		person under subsection (c) of Section 14-108.5 plus regular
4		interest for the period from the date of the refund to the end
5		of the month in which repayment is made. However, in the case
6		of a refund that is repaid in a lump sum between January 1,
7		1991 and July 1, 1991, repayment shall consist of the amount
8		refunded plus interest at the rate of 2.5% per annum compounded
9		annually from the date of the refund to the end of the month in
10		which repayment is made.
11		Upon repayment, the member shall receive credit for the
12		service, member contributions and regular interest that was
13		forfeited by acceptance of the refund as well as regular
14		interest for the period of non-membership. Such repayment shall
15		be made in full before retirement either in a lump sum or in
16		installment payments in accordance with such rules as may be
17		adopted by the board.
18		(b-5) The Board may adopt rules governing the repayment of
19		refunds and establishment of credits in cases involving awards
20		of back pay or reinstatement. The rules may authorize repayment
21		of a refund in installment payments and may waive the payment
22		of interest on refund amounts repaid in full within a specified
23		period.
24		(c) A member no longer in service who is unmarried and does
25		not have an eligible survivors annuity beneficiary on the date
26		of application therefor is entitled to a refund of
27		contributions for widow's annuity or survivors annuity
28		purposes, or both, as the case may be, without interest. A
29		widow's annuity or survivors annuity shall not be payable upon
30		the death of a person who has received this refund, unless
31		prior to that death the amount of the refund has been repaid to
32		the System, together with regular interest from the date of the
33		refund to the date of repayment.
34		(d) Any member who has service credit in any position for
35		which an alternative retirement annuity is provided and in
36		relation to which an increase in the rate of employee

1		contribution is required, shall be entitled to a refund,
2		without interest, of that part of the member's employee
3		contribution which results from that increase in the employee
4		rate if the member does not qualify for that alternative
5		retirement annuity at the time of retirement.
6		(Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)

ARTICLE 99

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

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

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