Full Text of SB2356 94th General Assembly
SB2356eng 94TH GENERAL ASSEMBLY
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| AN ACT concerning the State Comptroller.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 8.44 as follows: | 6 |
| (30 ILCS 105/8.44) | 7 |
| Sec. 8.44. Special fund transfers. | 8 |
| (a) In order to maintain the integrity of special funds and
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| improve stability in the General Revenue Fund, the following
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| transfers are authorized from the designated funds into the
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| General Revenue Fund: | 12 |
| Aeronautics Fund ......................................$2,186
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| Aggregate Operations Regulatory Fund .................$32,750
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| Agrichemical Incident Response Trust Fund ...........$419,830
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| Agricultural Master Fund .............................$17,827
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| Air Transportation Revolving Fund ...................$181,478
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| Airport Land Loan Revolving Fund ..................$1,669,970
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| Alternate Fuels Fund ..............................$1,056,833
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| Alternative Compliance Market Account Fund ...........$53,120
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| Appraisal Administration Fund .......................$250,000
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| Armory Rental Fund ..................................$111,538
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| Assisted Living and Shared Housing Regulatory Fund ...$24,493
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| Bank and Trust Company Fund .......................$3,800,000
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| Capital Development Board Revolving Fund ............$453,054
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| Care Provider Fund for Persons
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| with a Developmental Disability ...................$2,378,270
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| Charter Schools Revolving Loan Fund .................$650,721
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| Child Support Administrative Fund .................$1,117,266
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| Coal Mining Regulatory Fund .........................$127,583
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| Communications Revolving Fund ....................$12,999,839
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| Community Health Center Care Fund ...................$104,480
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| Community Water Supply Laboratory Fund ..............$716,232
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| Continuing Legal Education Trust Fund ................$23,419
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| Corporate Franchise Tax Refund Fund .................$500,000
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| Court of Claims Administration and Grant Fund ........$24,949
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| Criminal Justice Information Projects Fund ...........$18,212
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| DCFS Special Purposes Trust Fund .....................$77,835
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| Death Certificate Surcharge Fund ..................$1,134,341
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| Department of Business Services
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| Special Operations Fund ...........................$2,000,000
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| Department of Children and Family Services
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| Training Fund .....................................$1,408,106
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| Department of Corrections
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| Reimbursement and Education Fund ..................$2,208,323
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| Department of Insurance State Trust Fund .............$18,009
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| Department of Labor Special State Trust Fund ........$359,895
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| Department on Aging State Projects Fund ..............$10,059
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| Design Professionals Administration
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| and Investigation Fund ...............................$51,701
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| DHS Recoveries Trust Fund .........................$1,591,834
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| DHS State Projects Fund ..............................$89,917
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| Division of Corporations
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| Registered Limited Liability Partnership Fund .......$150,000
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| DNR Special Projects Fund ...........................$301,649
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| Dram Shop Fund ......................................$110,554
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| Drivers Education Fund ...............................$30,152
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| Drug Rebate Fund .................................$17,315,821
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| Drug Traffic Prevention Fund .........................$22,123
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| Drug Treatment Fund .................................$160,030
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| Drunk and Drugged Driving Prevention Fund ............$51,220
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| Drycleaner Environmental Response Trust Fund ......$1,137,971
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| DuQuoin State Fair Harness Racing Trust Fund ..........$3,368
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| Early Intervention Services Revolving Fund ........$1,044,935
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| Economic Research and Information Fund ...............$49,005
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| Educational Labor Relations Board
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| Fair Share Trust Fund ................................$40,933
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| Efficiency Initiatives Revolving Fund .............$6,178,298
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| Emergency Planning and Training Fund .................$28,845
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| Emergency Public Health Fund ........................$139,997
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| Emergency Response Reimbursement Fund ................$15,873
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| EMS Assistance Fund ..................................$40,923
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| Energy Assistance Contribution Fund ..................$89,692
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| Energy Efficiency Trust Fund ......................$1,300,938
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| Environmental Laboratory Certification Fund ..........$62,039
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| Environmental Protection Permit and Inspection Fund .$180,571
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| Environmental Protection Trust Fund ...............$2,228,031
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| EPA Court Trust Fund ................................$338,646
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| EPA Special State Projects Trust Fund ...............$284,263
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| Explosives Regulatory Fund ...........................$23,125
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| Facilities Management Revolving Fund ..............$4,803,971
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| Facility Licensing Fund ..............................$22,958
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| Family Care Fund .....................................$22,585
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| Federal Asset Forfeiture Fund .........................$1,871
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| Feed Control Fund ...................................$478,234
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| Fertilizer Control Fund .............................$207,398
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| Financial Institution Fund ........................$2,448,690
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| Firearm Owner's Notification Fund .....................$3,960
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| Food and Drug Safety Fund ...........................$421,401
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| General Professions Dedicated Fund ................$3,975,808
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| Good Samaritan Energy Trust Fund ......................$7,191
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| Governor's Grant Fund .................................$1,592
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| Group Workers' Compensation Pool Insolvency Fund ....$136,547
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| Guardianship and Advocacy Fund .......................$27,289
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| Hazardous Waste Occupational Licensing Fund ..........$14,939
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| Hazardous Waste Research Fund .......................$125,209
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| Health Facility Plan Review Fund ....................$165,972
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| Hearing Instrument Dispenser
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| Examining and Disciplinary Fund .....................$102,842
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| Home Inspector Administration Fund ..................$244,503
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| IEMA State Projects Fund .................................$13
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| Illinois Beach Marina Fund ..........................$177,801
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| Illinois Capital Revolving Loan Fund ..............$4,024,106
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| Illinois Clean Water Fund .........................$1,835,796
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| Illinois Community College Board
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| Contracts and Grants Fund .................................$9
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| Illinois Department of Agriculture
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| Laboratory Services Revolving Fund ..................$174,795
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| Illinois Equity Fund ................................$119,193
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| Illinois Executive Mansion Trust Fund ................$56,154
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| Illinois Forestry Development Fund ................$1,389,096
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| Illinois Future Teacher Corps Scholarship Fund ........$4,836
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| Illinois Gaming Law Enforcement Fund ................$650,646
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| Illinois Habitat Endowment Trust Fund .............$3,641,262
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| Illinois Health Facilities Planning Fund .............$23,066
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| Illinois Historic Sites Fund ........................$134,366
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| Illinois National Guard Armory Construction Fund .....$31,469
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| Illinois Rural Rehabilitation Fund ....................$8,190
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| Illinois School Asbestos Abatement Fund .............$183,191
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| Illinois State Fair Fund .............................$50,176
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| Illinois State Podiatric Disciplinary Fund ..........$317,239
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| Illinois Student Assistance Commission
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| Contracts and Grants Fund .............................$5,589
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| Illinois Tourism Tax Fund ...........................$647,749
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| Illinois Underground Utility Facilities
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| Damage Prevention Fund ................................$2,175
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| Illinois Veterans' Rehabilitation Fund ..............$218,940
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| Industrial Hygiene Regulatory and Enforcement Fund ....$3,564
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| Innovations in Long-Term Care
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| Quality Demonstration Grants Fund ...................$565,494
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| Insurance Financial Regulation Fund .................$800,000
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| ISAC Accounts Receivable Fund ........................$26,374
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| ISBE GED Testing Fund ...............................$146,196
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| ISBE Teacher Certificate Institute Fund .............$122,117
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| J.J. Wolf Memorial for Conservation Investigation Fund .$8,137
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| Kaskaskia Commons Permanent Fund .....................$79,813
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| Land Reclamation Fund ................................$30,582
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| Large Business Attraction Fund ......................$340,777
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| Lawyers' Assistance Program Fund ....................$198,207
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| LEADS Maintenance Fund ...............................$76,981
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| Lieutenant Governor's Grant Fund ........................$188
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| Livestock Management Facilities Fund .................$47,800
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| Local Initiative Fund .............................$1,940,646
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| Local Tourism Fund ..................................$132,876
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| Long Term Care Monitor/Receiver Fund ................$427,850
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| Monetary Award Program Reserve Fund .................$879,700
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| McCormick Place Expansion Project Fund ....................$0
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| Medicaid Buy-In Program Revolving Fund ..............$318,894
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| Medicaid Fraud and Abuse Prevention Fund .............$60,306
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| Medical Special Purposes Trust Fund .................$930,668
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| Military Affairs Trust Fund ..........................$68,468
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| Motor Carrier Safety Inspection Fund ................$147,477
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| Motor Fuel and Petroleum Standards Fund ..............$19,673
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| Motor Vehicle Review Board Fund .....................$250,000
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| Motor Vehicle Theft Prevention Trust Fund .........$1,415,361
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| Narcotics Profit Forfeiture Fund .....................$39,379
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| Natural Heritage Endowment Trust Fund ...............$557,264
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| Natural Heritage Fund .................................$3,336
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| Natural Resources Information Fund ...................$64,596
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| Natural Resources Restoration Trust Fund .............$63,002
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| Off-Highway Vehicle Trails Fund .....................$244,815
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| Oil Spill Response Fund .............................$167,547
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| Paper and Printing Revolving Fund ....................$48,476
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| Park and Conservation Fund ........................$3,050,154
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| Pawnbroker Regulation Fund ...........................$94,131
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| Pesticide Control Fund ..............................$420,223
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| Petroleum Resources Revolving Fund ...................$85,540
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| Police Training Board Services Fund ...................$1,540
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| Pollution Control Board Fund .........................$23,004
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| Pollution Control Board Trust Fund ..................$410,651
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| Post Transplant Maintenance and Retention Fund .......$75,100
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| Presidential Library and Museum Operating Fund ......$727,250
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| Professional Regulation Evidence Fund .................$2,817
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| Professional Services Fund ...........................$46,222
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| Provider Inquiry Trust Fund .........................$207,098
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| Public Aid Recoveries Trust Fund ..................$7,610,631
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| Public Health Laboratory Services Revolving Fund .....$92,276
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| Public Health Special State Projects Fund ...........$816,202
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| Public Health Water Permit Fund ......................$17,624
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| Public Infrastructure Construction
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| Loan Revolving Fund ..................................$63,802
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| Public Pension Regulation Fund ......................$222,433
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| Racing Board Fingerprint License Fund ................$16,835
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| Radiation Protection Fund ...........................$212,010
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| Real Estate License Administration Fund ...........$1,500,000
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| Regulatory Evaluation and Basic Enforcement Fund .....$64,221
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| Regulatory Fund ......................................$55,246
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| Renewable Energy Resources Trust Fund ................$14,033
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| Response Contractors Indemnification Fund ...............$126
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| Rural/Downstate Health Access Fund ....................$4,644
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| Savings and Residential Finance Regulatory Fund ...$5,200,000
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| School District Emergency Financial Assistance Fund .$2,130,848
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| School Technology Revolving Loan Fund ................$19,158
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| Second Injury Fund ..................................$151,493
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| Secretary of State Interagency Grant Fund ............$40,900
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| Secretary of State Special License Plate Fund .......$520,200
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| Secretary of State Special Services Fund ..........$2,500,000
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| Securities Audit and Enforcement Fund .............$3,400,000
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| Securities Investors Education Fund .................$100,000
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| Self-Insurers Administration Fund ...................$286,964
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| Sex Offender Registration Fund ........................$7,647
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| Sexual Assault Services Fund .........................$12,210
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| Small Business Environmental Assistance Fund .........$13,686
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| Snowmobile Trail Establishment Fund ...................$3,124
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| Solid Waste Management Fund .......................$6,587,173
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| Sports Facilities Tax Trust Fund ..................$1,112,590
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| State Appellate Defender Special State Projects Fund .$23,820
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| State Asset Forfeiture Fund ..........................$71,988
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| State Boating Act Fund ..............................$401,824
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| State College and University Trust Fund .............$139,439
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| State Crime Laboratory Fund ..........................$44,965
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| State Fair Promotional Activities Fund ................$8,734
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| State Garage Revolving Fund .........................$639,662
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| State Offender DNA Identification System Fund ........$81,740
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| State Off-Set Claims Fund .........................$1,487,926
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| State Parks Fund ..................................$1,045,889
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| State Police Motor Vehicle Theft Prevention Fund ....$164,843
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| State Police Vehicle Fund ............................$22,899
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| State Police Whistleblower Reward and Protection Fund .$199,699
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| State Rail Freight Loan Repayment Fund ............$1,147,727
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| State Surplus Property Revolving Fund ...............$388,284
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| State Whistleblower Reward and Protection Fund ........$1,592
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| State's Attorneys Appellate Prosecutor's County Fund .$70,101
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| Statewide Grand Jury Prosecution Fund .................$7,645
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| Statistical Services Revolving Fund ...............$4,847,783
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| Subtitle D Management Fund ..........................$169,744
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| Tanning Facility Permit Fund .........................$64,571
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| Tax Compliance and Administration Fund ..............$429,377
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| Tax Recovery Fund ...................................$113,591
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| Teacher Certificate Fee Revolving Fund ..............$982,399
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| Toxic Pollution Prevention Fund ......................$28,534
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| Underground Resources Conservation Enforcement Fund .$294,251
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| University Grant Fund ................................$23,881
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| Used Tire Management Fund .........................$1,918,500
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| Watershed Park Fund ..................................$19,786
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| Weights and Measures Fund .........................$1,078,121
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| Workers' Compensation Benefit Trust Fund ............$266,574
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| Workers' Compensation Revolving Fund ................$520,285
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| Working Capital Revolving Fund ....................$1,404,868
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| Youth Alcoholism and Substance Abuse Prevention Fund .$29,995
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| Youth Drug Abuse Prevention Fund .......................$4,091 | 29 |
| All of these transfers shall be made in equal quarterly | 30 |
| installments with the first made on the effective date
of this | 31 |
| amendatory Act of the 94th General Assembly, or as soon
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| thereafter as practical, and with the remaining transfers to be | 33 |
| made on October 1, January 1, and April 1, or as soon | 34 |
| thereafter as practical. These transfers shall be made
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| notwithstanding any other provision of State law to the
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| contrary. |
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| (b) On and after the effective date of this amendatory Act
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| of the 94th General Assembly through June 30, 2006, when any of
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| the funds listed in subsection (a) have insufficient cash from
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| which the State Comptroller may make expenditures properly
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| supported by appropriations from the fund, then the State
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| Treasurer and State Comptroller shall transfer from the General
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| Revenue Fund to the fund only such amount as is immediately
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| necessary to satisfy outstanding expenditure obligations on a
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| timely basis, subject to the provisions of the State Prompt
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| Payment Act. Any amounts transferred from the General Revenue
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| Fund to a fund pursuant to this subsection (b) from time to
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| time shall be re-transferred by the State Comptroller and the
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| State Treasurer from the receiving fund into the General
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| Revenue Fund as soon as and to the extent that deposits are
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| made into or receipts are collected by the receiving fund. In
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| all events, the full amounts of all transfers from the General
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| Revenue Fund to receiving funds shall be re-transferred to the
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| General Revenue Fund no later than June 30, 2006. | 19 |
| (c) Notwithstanding any other provision of law, on July 1, | 20 |
| 2005, or as soon thereafter as may be practical, the State | 21 |
| Comptroller and the State Treasurer shall transfer $5,000,000 | 22 |
| from the Communications Revolving Fund to the Hospital Basic | 23 |
| Services Prevention Fund.
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| (d) Notwithstanding Public Act 94-91 or any other provision | 25 |
| of law, the State Comptroller shall not transfer any moneys | 26 |
| pursuant to subsection (a) out of any fund deleted from | 27 |
| subsection (a) by this amendatory Act of the 94th General | 28 |
| Assembly. On or before June 30, 2006 the State Comptroller | 29 |
| shall reverse any transfers to the General Revenue Fund made | 30 |
| pursuant to subsection (a) from funds deleted from subsection | 31 |
| (a) by this amendatory Act of the 94th General Assembly.
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| (Source: P.A. 94-91, eff. 7-1-05.) | 33 |
| Section 10. The Illinois Pension Code is amended by | 34 |
| changing Section 15-125 as follows:
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| (40 ILCS 5/15-125) (from Ch. 108 1/2, par. 15-125)
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| Sec. 15-125. "Prescribed Rate of Interest; Effective Rate | 3 |
| of Interest" . :
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| (1) "Prescribed rate of interest": The rate of interest to | 5 |
| be used in
actuarial valuations and in development of actuarial | 6 |
| tables as determined
by the board on the basis of the probable | 7 |
| average effective rate of
interest on a long term basis.
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| (2) "Effective rate of interest": The interest rate for all | 9 |
| or any part of
a fiscal year that is determined by the board | 10 |
| based
on factors including the system's past and expected | 11 |
| investment experience;
historical and expected fluctuations in | 12 |
| the market value of investments; the
desirability of minimizing | 13 |
| volatility in the effective rate of interest from
year to year; | 14 |
| and the provision of reserves for anticipated losses upon | 15 |
| sales,
redemptions, or other disposition of investments and for | 16 |
| variations in interest
experience; except that for the purpose | 17 |
| of determining the accumulated normal contributions used in | 18 |
| calculating retirement annuities under Rule 2 of Section | 19 |
| 15-136, the effective rate of interest shall be determined by | 20 |
| the State Comptroller rather than the board. The State | 21 |
| Comptroller shall determine the effective rate of interest to | 22 |
| be used for this purpose using the factors listed above, and | 23 |
| shall certify to the board and the Commission on Government | 24 |
| Forecasting and Accountability the rate to be used for this | 25 |
| purpose for fiscal year 2006 as soon as possible after the | 26 |
| effective date of this amendatory Act of the 94th General | 27 |
| Assembly, and for each fiscal year thereafter no later than the | 28 |
| January 31
September 1 immediately preceding the start of that | 29 |
| fiscal year. | 30 |
| (3) The change made to this Section by Public Acts 90-65 | 31 |
| and 90-511 is a clarification of existing law.
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| (Source: P.A. 94-4, eff. 6-1-05; revised 10-11-05.)
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| Section 15. The Liquor Control Act of 1934 is amended by | 34 |
| changing Section 6-21 as follows:
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| (235 ILCS 5/6-21) (from Ch. 43, par. 135)
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| Sec. 6-21. (a) Every person who is injured within this | 3 |
| State, in
person or property, by any intoxicated person has a | 4 |
| right of
action in his or her own name, severally or jointly, | 5 |
| against any person,
licensed under the laws of this State or of | 6 |
| any other state to sell
alcoholic liquor, who, by selling or | 7 |
| giving alcoholic liquor,
within or without the territorial | 8 |
| limits of this State, causes the
intoxication of such person.
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| Any person at least
21 years of age who pays for a hotel or | 10 |
| motel room or facility knowing that
the room or facility is to | 11 |
| be used by any person under 21 years of age for
the unlawful | 12 |
| consumption of alcoholic liquors and such consumption causes
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| the intoxication of the person under 21 years of age, shall be | 14 |
| liable to
any person who is injured in person or property by | 15 |
| the intoxicated person
under 21 years of age.
Any person | 16 |
| owning, renting, leasing or permitting the
occupation of any | 17 |
| building or premises with knowledge that alcoholic
liquors are | 18 |
| to be sold therein, or who having leased the same for other
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| purposes, shall knowingly permit therein the sale of any | 20 |
| alcoholic liquors
that have caused the intoxication of any | 21 |
| person, shall be liable, severally
or jointly, with the person | 22 |
| selling
or giving the liquors. However, if such building or | 23 |
| premises belong to a
minor or other person under guardianship | 24 |
| the guardian of such person shall
be held liable instead of the | 25 |
| ward. A married woman has the same right to
bring the action | 26 |
| and to control it and the amount recovered as an unmarried
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| woman. All damages recovered by a minor under this Act shall be | 28 |
| paid either
to the minor, or to his or her parent, guardian or | 29 |
| next friend as the court
shall direct. The unlawful sale or | 30 |
| gift of alcoholic liquor works a
forfeiture of all rights of | 31 |
| the lessee or tenant under any lease or
contract of rent upon | 32 |
| the premises where the unlawful sale or gift takes
place. All | 33 |
| actions for damages under this Act may be by any appropriate
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| action in the circuit court. An action shall lie for injuries | 35 |
| to either
means
of
support or loss of society, but not both, | 36 |
| caused by an intoxicated person
or in
consequence of the
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SB2356 Engrossed |
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LRB094 16182 RSP 51425 b |
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| intoxication of any person resulting as hereinabove set out.
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| "Loss of society" means the mutual benefits that each family | 3 |
| member receives
from the other's continued existence, | 4 |
| including love, affection, care,
attention, companionship, | 5 |
| comfort, guidance, and protection. "Family" includes
spouse, | 6 |
| children, parents, brothers, and sisters.
The action, if
the | 7 |
| person from whom support or society was furnished is living, | 8 |
| shall be
brought by
any person injured in means of support or | 9 |
| society in his or her name for
his or her
benefit and the | 10 |
| benefit of all other persons
injured in means of support or | 11 |
| society. However, any person claiming to be
injured in
means of | 12 |
| support or society and not included in any action brought
| 13 |
| hereunder may join by
motion made within the times herein | 14 |
| provided for bringing such action or
the personal | 15 |
| representative of the deceased person from whom such
support or | 16 |
| society was furnished may so join. In every such action the | 17 |
| jury
shall
determine the amount of damages to be recovered | 18 |
| without regard to and
with no special instructions as to the | 19 |
| dollar limits on recovery imposed
by this Section. The amount | 20 |
| recovered in every such action is for the
exclusive benefit of | 21 |
| the person injured in loss of support or society and
shall be
| 22 |
| distributed to such persons in the proportions determined by | 23 |
| the
verdict rendered or judgment entered in the action. If the | 24 |
| right of action is
settled by agreement with the personal | 25 |
| representative of a deceased
person from whom support or | 26 |
| society was furnished, the court having
jurisdiction of
the | 27 |
| estate of the deceased person shall distribute the amount of | 28 |
| the
settlement to the person injured in loss of support or | 29 |
| society in the
proportion,
as determined by the court, that the | 30 |
| percentage of dependency of each
such person upon the deceased | 31 |
| person bears to the sum of the percentages
of dependency of all | 32 |
| such persons upon the deceased person. For all
causes of action | 33 |
| involving persons injured, killed, or incurring property
| 34 |
| damage before September 12, 1985, in no event
shall the | 35 |
| judgment or recovery under this Act for injury to the person
or | 36 |
| to the property of any person as hereinabove set out exceed |
|
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| 1 |
| $15,000, and
recovery under this Act for loss of means of | 2 |
| support resulting from the
death or injury of any person, as | 3 |
| hereinabove set out,
shall not exceed $20,000.
For all causes | 4 |
| of action
involving persons injured, killed, or incurring | 5 |
| property damage after
September 12, 1985 but before July 1, | 6 |
| 1998, in
no event shall the
judgment or recovery for injury to | 7 |
| the person or property of any person
exceed $30,000 for each | 8 |
| person incurring damages, and recovery
under this
Act for loss | 9 |
| of means of support resulting from the death or
injury of any
| 10 |
| person shall not exceed $40,000.
For all causes of action
| 11 |
| involving persons injured, killed, or incurring property | 12 |
| damage on or after
July 1, 1998, in no event shall the
judgment | 13 |
| or recovery for injury to the person or property of any person
| 14 |
| exceed $45,000 for each person incurring damages, and recovery | 15 |
| under this
Act for either loss of means of support or loss of | 16 |
| society resulting from the
death or injury
of any
person shall | 17 |
| not exceed $55,000.
Beginning in 1999, every January 20, these | 18 |
| liability limits
shall automatically be increased or | 19 |
| decreased, as applicable,
by a percentage equal to the | 20 |
| percentage change in the consumer price index-u
during the | 21 |
| preceding 12-month calendar year. "Consumer price index-u" | 22 |
| means
the index published by the Bureau of Labor Statistics of | 23 |
| the United States
Department of Labor that measures the average | 24 |
| change in prices of goods and
services purchased by all urban | 25 |
| consumers, United States city average, all
items, 1982-84 = | 26 |
| 100. The new amount resulting from each annual adjustment
shall | 27 |
| be determined by the Comptroller and made available via the | 28 |
| Comptroller's official website by January 31 of every year and
| 29 |
| to the chief judge of
each judicial circuit.
The liability | 30 |
| limits at the time at which damages
subject to such limits are | 31 |
| awarded by final judgment or settlement shall be
utilized by | 32 |
| the courts.
Nothing in this Section bars
any person
from making | 33 |
| separate claims which, in the aggregate, exceed any one limit
| 34 |
| where such person incurs more than one type of compensable | 35 |
| damage,
including personal injury, property damage, and loss to | 36 |
| means of support or
society.
However, all persons claiming loss |
|
|
|
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| 1 |
| to means of support or society shall be
limited to
an aggregate | 2 |
| recovery not to exceed the single limitation set forth herein
| 3 |
| for the death or injury of each person from whom support or | 4 |
| society is
claimed.
| 5 |
| Nothing in this Act shall be construed to confer a cause of | 6 |
| action for
injuries to the person or property of the | 7 |
| intoxicated person himself, nor
shall anything in this Act be | 8 |
| construed to confer a cause of action for
loss of means of | 9 |
| support or society on the intoxicated person himself or on
any | 10 |
| person
claiming to be supported by such intoxicated person or | 11 |
| claiming the society
of such person.
In conformance with the | 12 |
| rule of statutory construction enunciated in
the general | 13 |
| Illinois saving provision in Section 4 of "An Act to revise
the | 14 |
| law in relation to the construction of the statutes", approved | 15 |
| March
5, 1874, as amended, no amendment of this Section | 16 |
| purporting to abolish
or having the effect of abolishing a | 17 |
| cause of action shall be applied to
invalidate a cause of | 18 |
| action accruing before its effective date, irrespective
of | 19 |
| whether the amendment was passed before or after the effective | 20 |
| date of
this amendatory Act of 1986.
| 21 |
| Each action hereunder shall be barred unless commenced | 22 |
| within one year
next after the cause of action accrued.
| 23 |
| However, a licensed distributor or brewer whose only | 24 |
| connection with the
furnishing of alcoholic liquor which is | 25 |
| alleged to have caused intoxication
was the furnishing or | 26 |
| maintaining of any apparatus for the dispensing or
cooling of | 27 |
| beer is not liable under this Section, and if such licensee is
| 28 |
| named as a defendant, a proper motion to dismiss shall be | 29 |
| granted.
| 30 |
| (b) Any person licensed under any state or local law to
| 31 |
| sell alcoholic liquor, whether
or not a citizen or resident of | 32 |
| this State,
who in person or through an agent
causes the | 33 |
| intoxication, by the sale or gift of
alcoholic liquor, of any | 34 |
| person who, while
intoxicated, causes injury to
any person or | 35 |
| property in the State of Illinois
thereby submits such licensed | 36 |
| person, and, if an individual, his or her
personal |
|
|
|
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| 1 |
| representative, to the jurisdiction of the courts of this State
| 2 |
| for a cause of action arising under subsection (a) above.
| 3 |
| Service of process upon any person who is subject to the
| 4 |
| jurisdiction of the courts of this State, as provided in this | 5 |
| subsection,
may be made by personally serving the summons upon | 6 |
| the defendant outside
this State, as provided in the Code of | 7 |
| Civil Procedure, as now or hereafter
amended, with the same | 8 |
| force and effect as
though summons had been personally served | 9 |
| within this State.
| 10 |
| Only causes of action arising under subsection (a) above | 11 |
| may be
asserted against a defendant in an action in which | 12 |
| jurisdiction over him
or her is based upon this subsection.
| 13 |
| Nothing herein contained limits or affects the right to | 14 |
| serve
any process in any other manner now or hereafter provided | 15 |
| by law.
| 16 |
| (Source: P.A. 90-111, eff. 7-14-97.)
| 17 |
| Section 20. The Code of Civil Procedure is amended by | 18 |
| changing Section 8-2006 as follows:
| 19 |
| (735 ILCS 5/8-2006)
| 20 |
| Sec. 8-2006. Copying fees; adjustment for inflation. | 21 |
| Beginning in
2003, every January 20, the copying fee limits | 22 |
| established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 | 23 |
| shall automatically be increased or decreased, as
applicable, | 24 |
| by a percentage equal to the percentage change in the consumer
| 25 |
| price index-u during the preceding 12-month calendar year. | 26 |
| "Consumer price
index-u" means the index published by the | 27 |
| Bureau of Labor Statistics of the
United States Department of | 28 |
| Labor that measures the average change in
prices of goods and | 29 |
| services purchased by all urban consumers, United
States city | 30 |
| average, all items, 1982-84 = 100. The new amount resulting
| 31 |
| from each annual adjustment shall be determined by the | 32 |
| Comptroller and
made available to the public via the | 33 |
| Comptroller's official website by January 31 of every year
on | 34 |
| January 20 of every year .
|
|
|
|
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LRB094 16182 RSP 51425 b |
|
| 1 |
| (Source: P.A. 92-228, eff. 9-1-01.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|