Full Text of SB1606 100th General Assembly
SB1606sam001 100TH GENERAL ASSEMBLY | Sen. Chris Nybo Filed: 4/4/2017
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| 1 | | AMENDMENT TO SENATE BILL 1606
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1606 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Department of Innovation and Technology Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Bureau of Communications and Computer Services" means the | 8 | | Bureau of Communications and Computer Services, also known as | 9 | | the Bureau of Information and Communication Services, created | 10 | | by rule (2 Illinois Administrative Code 750.40) within the | 11 | | Department of Central Management Services. | 12 | | "Client agency" means each transferring agency, or its | 13 | | successor. "Client agency" also includes each other public | 14 | | agency to which the Department provides service. | 15 | | "Dedicated unit" means the dedicated bureau, division, | 16 | | office, or other unit within a transferring agency that is |
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| 1 | | responsible for the information technology functions of the | 2 | | transferring agency. For the Office of the Governor, "dedicated | 3 | | unit" means the Information Technology Office, also known as | 4 | | the Office of the Chief Information Officer. For the Department | 5 | | of Central Management Services, "dedicated unit" means the | 6 | | Bureau of Communications and Computer Services, also known as | 7 | | the Bureau of Information and Communication Services. | 8 | | "Department" means the Department of Innovation and | 9 | | Technology. | 10 | | "Information technology" means technology, infrastructure, | 11 | | equipment, systems, software, networks, and processes used to | 12 | | create, send, receive, and store electronic or digital | 13 | | information, including, without limitation, computer systems | 14 | | and telecommunication services and systems. "Information | 15 | | technology" shall be construed broadly to incorporate future | 16 | | technologies (such as sensors) that change or supplant those in | 17 | | effect as of the effective date of this Act. | 18 | | "Information technology functions" means the development, | 19 | | procurement, installation, retention, maintenance, operation, | 20 | | possession, storage, and related functions of all information | 21 | | technology. | 22 | | "Information Technology Office" means the Information | 23 | | Technology Office, also known as the Office of the Chief | 24 | | Information Officer, within the Office of the Governor, created | 25 | | by Executive Order 1999-05, or its successor. | 26 | | "Secretary" means the Secretary of Innovation and |
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| 1 | | Technology. | 2 | | "State agency" means each State agency, department, board, | 3 | | and commission directly responsible to the Governor. | 4 | | "Transferring agency" means the Department on Aging; the | 5 | | Departments of Agriculture, Central Management Services, | 6 | | Children and Family Services, Commerce and Economic | 7 | | Opportunity, Corrections, Employment Security, Financial and | 8 | | Professional Regulation, Healthcare and Family Services, Human | 9 | | Rights, Human Services, Insurance, Juvenile Justice, Labor, | 10 | | Lottery, Military Affairs, Natural Resources, Public Health, | 11 | | Revenue, State Police, Transportation, and Veterans' Affairs; | 12 | | the Capital Development Board; the Deaf and Hard of Hearing | 13 | | Commission; the Environmental Protection Agency; the | 14 | | Governor's Office of Management and Budget; the Guardianship | 15 | | and Advocacy Commission; the Historic Preservation Agency; the | 16 | | Illinois Arts Council; the Illinois Council on Developmental | 17 | | Disabilities; the Illinois Emergency Management Agency; the | 18 | | Illinois Gaming Board; the Illinois Health Information | 19 | | Exchange Authority; the Illinois Liquor Control Commission; | 20 | | the Illinois Student Assistance Commission; the Illinois | 21 | | Technology Office; the Office of the State Fire Marshal; and | 22 | | the Prisoner Review Board. | 23 | | Section 10. Transfer of functions. On and after March 25, | 24 | | 2016 (the effective date of Executive Order 2016-001): | 25 | | (a) For each transferring agency, the dedicated unit or |
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| 1 | | units within that agency responsible for information | 2 | | technology functions together with those information | 3 | | technology functions outside of the dedicated unit or units | 4 | | within a transferring agency to which this Act applies shall be | 5 | | designated by the Governor. | 6 | | (b) All powers, duties, rights, and responsibilities of | 7 | | those dedicated units and information technology functions | 8 | | designated by the Governor are transferred to the Department of | 9 | | Innovation and Technology. | 10 | | (c) The personnel of each transferring agency designated by | 11 | | the Governor are transferred to the Department of Innovation | 12 | | and Technology. The status and rights of such employees under | 13 | | the Personnel Code shall not be affected by the transfer. The | 14 | | rights of the employees and the State of Illinois or its | 15 | | transferring agencies under the Personnel Code, the Illinois | 16 | | Public Labor Relations Act, and applicable collective | 17 | | bargaining agreements or under any pension, retirement, or | 18 | | annuity plan shall not be affected by this Act. To the extent | 19 | | that an employee performs duties for the dedicated unit, | 20 | | information technology functions, and duties for the | 21 | | transferring agency itself or any other division or agency | 22 | | within the transferring agency that are dedicated to | 23 | | non-information technology functions, that employee shall be | 24 | | transferred at the Governor's discretion. | 25 | | (d) All books, records, papers, documents, property (real | 26 | | and personal), contracts, causes of action, and pending |
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| 1 | | business pertaining to the powers, duties, rights, and | 2 | | responsibilities relating to dedicated units and information | 3 | | technology functions transferred under this Act to the | 4 | | Department of Innovation and Technology, including, but not | 5 | | limited to, material in electronic or magnetic format and | 6 | | necessary computer hardware and software, shall be transferred | 7 | | to the Department of Innovation and Technology. | 8 | | (e) All unexpended appropriations and balances and other | 9 | | funds available for use relating to dedicated units and | 10 | | information technology functions transferred under this Act | 11 | | shall be transferred for use by the Department of Innovation | 12 | | and Technology at the direction of the Governor. Unexpended | 13 | | balances so transferred shall be expended only for the purpose | 14 | | for which the appropriations were originally made. | 15 | | (f) The powers, duties, rights, and responsibilities | 16 | | relating to dedicated units and information technology | 17 | | functions transferred by this Act shall be vested in and shall | 18 | | be exercised by the Department of Innovation and Technology. | 19 | | (g) Whenever reports or notices are now required to be made | 20 | | or given or papers or documents furnished or served by any | 21 | | person to or upon each dedicated unit in connection with any of | 22 | | the powers, duties, rights, and responsibilities relating to | 23 | | information technology functions transferred by this Act, the | 24 | | same shall be made, given, furnished, or served in the same | 25 | | manner to or upon the Department of Innovation and Technology. | 26 | | (h) This Act does not affect any act done, ratified, or |
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| 1 | | cancelled or any right occurring or established or any action | 2 | | or proceeding had or commenced in an administrative, civil, or | 3 | | criminal cause by each dedicated unit relating to information | 4 | | technology functions before the transfer of responsibilities | 5 | | under this Act; such actions or proceedings may be prosecuted | 6 | | and continued by the Department of Innovation and Technology. | 7 | | (i) Any rules of a dedicated unit or a transferring agency | 8 | | that relate to the powers, duties, rights, and responsibilities | 9 | | relating to the dedicated unit or to information technology | 10 | | functions and are in full force on the effective date of this | 11 | | Act shall become the rules of the Department of Innovation and | 12 | | Technology. This Act does not affect the legality of any such | 13 | | rules in the Illinois Administrative Code. | 14 | | (j) Any proposed rules filed with the Secretary of State by | 15 | | the dedicated unit or the transferring agency that are pending | 16 | | in the rulemaking process on March 25, 2016 (the effective date | 17 | | of Executive Order 2016-001) and that pertain to the powers, | 18 | | duties, rights, and responsibilities of the dedicated unit or | 19 | | the information technology functions transferred, shall be | 20 | | deemed to have been filed by the Department of Innovation and | 21 | | Technology. As soon as practicable, the Department of | 22 | | Innovation and Technology shall revise and clarify the rules | 23 | | transferred to it under this Act to reflect the reorganization | 24 | | of powers, duties, rights, and responsibilities relating to | 25 | | information technology functions affected by this Act, using | 26 | | the procedures for recodification of rules available under the |
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| 1 | | Illinois Administrative Procedure Act, except that existing | 2 | | title, part, and section numbering for the affected rules may | 3 | | be retained. The Department of Innovation and Technology may | 4 | | propose and adopt under the Illinois Administrative Procedure | 5 | | Act such other rules of each dedicated unit or transferring | 6 | | agency that will now be administered by the Department of | 7 | | Innovation and Technology. | 8 | | Section 15. Powers and duties. The Department shall promote | 9 | | best-in-class innovation and technology to client agencies to | 10 | | foster collaboration among client agencies, empower client | 11 | | agencies to provide better service to residents of Illinois, | 12 | | and maximize the value of taxpayer resources. The Department | 13 | | shall be responsible for information technology functions on | 14 | | behalf of client agencies. | 15 | | The Department shall provide for and coordinate | 16 | | information technology for State agencies and, when requested | 17 | | and when in the best interests of the State, for State | 18 | | constitutional offices, units of federal or local governments, | 19 | | and public and not-for-profit institutions of primary, | 20 | | secondary, and higher education, or other parties not | 21 | | associated with State government. The Department shall | 22 | | establish charges for information technology for State | 23 | | agencies and, when requested, for State constitutional | 24 | | offices, units of federal or local government, and public and | 25 | | not-for-profit institutions of primary, secondary, or higher |
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| 1 | | education and for use by other parties not associated with | 2 | | State government. Entities charged for these services shall | 3 | | make payment to the Department. The Department may instruct all | 4 | | State agencies to report their usage of information technology | 5 | | regularly to the Department in the manner the Secretary may | 6 | | prescribe. | 7 | | The Department and each public agency shall continue to | 8 | | have all authority provided to them under the Intergovernmental | 9 | | Cooperation Act and other applicable law to enter into | 10 | | interagency contracts. The Department may enter into contracts | 11 | | to use personnel and other resources that are retained by | 12 | | client agencies or other public agencies, to provide services | 13 | | to public agencies within the State, and for other appropriate | 14 | | purposes to accomplish the Department's mission. | 15 | | Section 20. Security and interoperability. The Department | 16 | | shall develop and implement standards, policies, and | 17 | | procedures to protect the security and interoperability of | 18 | | State data, including in particular data that are confidential, | 19 | | sensitive, or protected from disclosure by privacy or other | 20 | | laws, while recognizing and balancing the need for | 21 | | collaboration and public transparency. The Department shall | 22 | | comply with applicable federal and State laws pertaining to | 23 | | information technology, data, and records of the Department and | 24 | | the client agencies, including, without limitation, the | 25 | | Freedom of Information Act, the State Records Act, the Personal |
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| 1 | | Information Protection Act, the federal Health Insurance | 2 | | Portability and Accountability Act, the federal Health | 3 | | Information Technology for Economic and Clinical Health Act, | 4 | | and the federal Gramm-Leach-Bliley Act. | 5 | | Section 25. Charges for services; non-State funding. The | 6 | | Department may establish charges for services rendered by the | 7 | | Department to client agencies from funds provided directly to | 8 | | the client agency by appropriation or otherwise. In | 9 | | establishing charges, the Department shall consult with client | 10 | | agencies to make charges transparent and clear and seek to | 11 | | minimize or avoid charges for costs for which the Department | 12 | | has other funding sources available. | 13 | | Client agencies shall continue to apply for and otherwise | 14 | | seek federal funds and other capital and operational resources | 15 | | for technology for which the agencies are eligible and, subject | 16 | | to compliance with applicable laws, regulations, and grant | 17 | | terms, make those funds available for use by the Department. | 18 | | The Department shall assist client agencies in identifying | 19 | | funding opportunities and, if funds are used by the Department, | 20 | | ensuring compliance with all applicable laws, regulations, and | 21 | | grant terms. | 22 | | Section 30. Information technology. | 23 | | (a) The Secretary shall be the Chief Information Officer | 24 | | for the State and the steward of State data with respect to |
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| 1 | | those agencies under the jurisdiction of the Governor. It shall | 2 | | be the duty of the Department and the policy of the State of | 3 | | Illinois to manage or delegate the management of the | 4 | | procurement, retention, installation, maintenance, and | 5 | | operation of all information technology used by client | 6 | | agencies, so as to achieve maximum economy consistent with | 7 | | development of appropriate and timely information in a form | 8 | | suitable for management analysis, in a manner that provides for | 9 | | adequate security protection and back-up facilities for that | 10 | | equipment, the establishment of bonding requirements, and a | 11 | | code of conduct for all information technology personnel to | 12 | | ensure the privacy of information technology information as | 13 | | provided by law. | 14 | | (b) The Department shall be responsible for providing the | 15 | | Governor with timely, comprehensive, and meaningful | 16 | | information pertinent to the formulation and execution of | 17 | | fiscal policy. In performing this responsibility the | 18 | | Department shall have the power to do the following: | 19 | | (1) Control the procurement, retention, installation, | 20 | | maintenance, and operation, as specified by the | 21 | | Department, of information technology equipment used by | 22 | | client agencies in such a manner as to achieve maximum | 23 | | economy and provide appropriate assistance in the | 24 | | development of information suitable for management | 25 | | analysis. | 26 | | (2) Establish principles and standards of information |
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| 1 | | technology-related reporting by client agencies and | 2 | | priorities for completion of research by those agencies in | 3 | | accordance with the requirements for management analysis | 4 | | specified by the Department. | 5 | | (3) Establish charges for information technology and | 6 | | related services requested by client agencies and rendered | 7 | | by the Department. The Department is likewise empowered to | 8 | | establish prices or charges for all information technology | 9 | | reports purchased by agencies and individuals not | 10 | | connected with State government. | 11 | | (4) Instruct all client agencies to report regularly to | 12 | | the Department, in the manner the Department may prescribe, | 13 | | their usage of information technology, the cost incurred, | 14 | | the information produced, and the procedures followed in | 15 | | obtaining the information. All client agencies shall | 16 | | request from the Department assistance and consultation in | 17 | | securing any necessary information technology to support | 18 | | their requirements. | 19 | | (5) Examine the accounts and information | 20 | | technology-related data of any organization, body, or | 21 | | agency receiving appropriations from the General Assembly. | 22 | | (6) Install and operate a modern information | 23 | | technology system utilizing equipment adequate to satisfy | 24 | | the requirements for analysis and review as specified by | 25 | | the Department. Expenditures for information technology | 26 | | and related services rendered shall be reimbursed by the |
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| 1 | | recipients. The reimbursement shall be determined by the | 2 | | Department as amounts sufficient to reimburse the | 3 | | Technology Management Revolving Fund for expenditures | 4 | | incurred in rendering the services. | 5 | | (c) In addition to the other powers and duties listed in | 6 | | subsection (b), the Department shall analyze the present and | 7 | | future aims, needs, and requirements of information | 8 | | technology, research, and planning in order to provide for the | 9 | | formulation of overall policy relative to the use of | 10 | | information technology and related equipment by the State of | 11 | | Illinois. In making this analysis, the Department shall | 12 | | formulate a master plan for information technology, utilizing | 13 | | information technology most advantageously, and advising | 14 | | whether information technology should be leased or purchased by | 15 | | the State. The Department shall prepare and submit interim | 16 | | reports of meaningful developments and proposals for | 17 | | legislation to the Governor on or before January 30 each year. | 18 | | The Department shall engage in a continuing analysis and | 19 | | evaluation of the master plan so developed, and it shall be the | 20 | | responsibility of the Department to recommend from time to time | 21 | | any needed amendments and modifications of any master plan | 22 | | enacted by the General Assembly. | 23 | | (d) The Department may make information technology and the | 24 | | use of information technology available to units of local | 25 | | government, elected State officials, State educational | 26 | | institutions, the judicial branch, the legislative branch, and |
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| 1 | | all other governmental units of the State requesting them. The | 2 | | Department shall establish prices and charges for the | 3 | | information technology so furnished and for the use of the | 4 | | information technology. The prices and charges shall be | 5 | | sufficient to reimburse the cost of furnishing the services and | 6 | | use of information technology. | 7 | | (e) The Department may establish standards to provide | 8 | | consistency in the operation and use of information technology. | 9 | | Section 35. Communications. | 10 | | (a) The Department shall develop and implement a | 11 | | comprehensive plan to coordinate or centralize communications | 12 | | among State offices at different locations. The plan shall be | 13 | | updated based on a continuing study of communications problems | 14 | | of State government and shall include any information | 15 | | technology related equipment or service used for communication | 16 | | purposes including digital, analog, or future transmission | 17 | | medium, whether for voice, data, or any combination thereof. | 18 | | The plan shall take into consideration systems that might | 19 | | effect economies, including, but not limited to, quantity | 20 | | discount services and may include provision of | 21 | | telecommunications service to local and federal government | 22 | | entities located within this State if State interests can be | 23 | | served by so doing. | 24 | | (b) The Department shall provide for and coordinate | 25 | | communications services for State agencies and, when requested |
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| 1 | | and when in the best interests of the State, for units of | 2 | | federal or local governments and public and not-for-profit | 3 | | institutions of primary, secondary, and higher education. The | 4 | | Department may make use of, or support or provide any | 5 | | information technology related communications equipment or | 6 | | services necessary and available to support the needs of | 7 | | interested parties not associated with State government | 8 | | provided that State government usage shall have first priority. | 9 | | For this purpose the Department shall have the power to do all | 10 | | of the following: | 11 | | (1) Provide for and control the procurement, | 12 | | retention, installation, and maintenance of communications | 13 | | equipment or services used by State agencies in the | 14 | | interest of efficiency and economy. | 15 | | (2) Review existing standards and, where appropriate, | 16 | | propose to establish new or modified standards for State | 17 | | agencies which shall include a minimum of one | 18 | | telecommunication device for the deaf installed and | 19 | | operational within each State agency, to provide public | 20 | | access to agency information for those persons who are | 21 | | hearing or speech impaired. The Department shall consult | 22 | | the Department of Human Services to develop standards and | 23 | | implementation for this equipment. | 24 | | (3) Establish charges for information technology for | 25 | | State agencies and, when requested, for units of federal or | 26 | | local government and public and not-for-profit |
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| 1 | | institutions of primary, secondary, or higher education. | 2 | | Entities charged for these services shall pay the | 3 | | Department. | 4 | | (4) Instruct all State agencies to report their usage | 5 | | of communication services regularly to the Department in | 6 | | the manner the Department may prescribe. | 7 | | (5) Analyze the present and future aims and needs of | 8 | | all State agencies in the area of communications services | 9 | | and plan to serve those aims and needs in the most | 10 | | effective and efficient manner. | 11 | | (6) Provide telecommunications and other | 12 | | communications services. | 13 | | (7) Establish the administrative organization within | 14 | | the Department that is required to accomplish the purpose | 15 | | of this Section. | 16 | | As used in this subsection (b) only, "State agencies" means | 17 | | all departments, officers, commissions, boards, institutions, | 18 | | and bodies politic and corporate of the State except (i) the | 19 | | judicial branch, including, without limitation, the several | 20 | | courts of the State, the offices of the clerk of the supreme | 21 | | court and the clerks of the appellate court, and the | 22 | | Administrative Office of the Illinois Courts, (ii) State | 23 | | constitutional offices, and (iii) the General Assembly, | 24 | | legislative service agencies, and all officers of the General | 25 | | Assembly. | 26 | | This subsection (b) does not apply to the procurement of |
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| 1 | | Next Generation 9-1-1 service as governed by Section 15.6b of | 2 | | the Emergency Telephone System Act. | 3 | | Section 40. Bulk long distance telephone services for | 4 | | military personnel in military service. | 5 | | (a) As used in this Section only: | 6 | | "Immediate family" means a service member's spouse | 7 | | residing in the service member's household, brothers and | 8 | | sisters of the whole or of the half blood, children, including | 9 | | adopted children and stepchildren, parents, and grandparents. | 10 | | "Military service" means any full-time training or duty, no | 11 | | matter how described under federal or State law, for which a | 12 | | service member is ordered to report by the President, Governor | 13 | | of a state, commonwealth, or territory of the United States, or | 14 | | other appropriate military authority. | 15 | | "Service member" means a resident of Illinois who is a | 16 | | member of any component of the United States Armed Forces or | 17 | | the National Guard of any state, the District of Columbia, a | 18 | | commonwealth, or a territory of the United States. | 19 | | (b) The Department may enter into a contract to purchase | 20 | | bulk long distance telephone services and make them available | 21 | | at cost, or may make bulk long distance telephone services | 22 | | available at cost under any existing contract the Department | 23 | | has entered into, to persons in the immediate family of service | 24 | | members that have entered military service so that those | 25 | | persons in the service members' families can communicate with |
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| 1 | | the service members. If the Department enters into a contract | 2 | | under this Section, it shall do so in accordance with the | 3 | | Illinois Procurement Code and in a nondiscriminatory manner | 4 | | that does not place any potential vendor at a competitive | 5 | | disadvantage. | 6 | | (c) In order to be eligible to use bulk long distance | 7 | | telephone services purchased by the Department under this | 8 | | Section, a service member or person in the service member's | 9 | | immediate family must provide the Department with a copy of the | 10 | | orders calling the service member to military service in excess | 11 | | of 29 consecutive days and of any orders further extending the | 12 | | service member's period of military service. | 13 | | (d) If the Department enters into a contract under this | 14 | | Section, the Department shall adopt rules as necessary to | 15 | | implement this Section. | 16 | | Section 45. Grants for distance learning services. The | 17 | | Department may award grants to public community colleges and | 18 | | education service centers for development and implementation | 19 | | of telecommunications systems that provide distance learning | 20 | | services. | 21 | | Section 50. Rulemaking. The Department may adopt rules | 22 | | under the Illinois Administrative Procedure Act necessary to | 23 | | carry out its responsibilities under this Act. |
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| 1 | | Section 55. Executive Orders. | 2 | | (a) Executive Order 2016-001. The Department of Innovation | 3 | | and Technology was created by Executive Order 2016-001. This | 4 | | Act is the implementation of that Executive Order, together | 5 | | with additional provisions to ensure that the Department of | 6 | | Innovation and Technology is able to function as intended under | 7 | | that Executive Order. The intent of this Act is to ensure that | 8 | | the Department is able to fulfill its duties and purpose under | 9 | | that Executive Order. In the event of a conflict between the | 10 | | provisions of the Executive Order and this Act, this Act shall | 11 | | be controlling. | 12 | | (b) Executive Order 1999-05. The Information Technology | 13 | | Office, also known as the Office of the Chief Information | 14 | | Officer, was created by Executive Order 1999-05. That Executive | 15 | | Order is superseded by this Act. | 16 | | Section 60. Construction. | 17 | | (a) Notwithstanding any provision of law to the contrary, | 18 | | on and after the effective date of this Act, references to | 19 | | "Bureau of Communications and Computer Services", "Bureau of | 20 | | Information and Communication Services", "Information | 21 | | Technology Office", or "Office of the Chief Information | 22 | | Officer" shall be construed as references to the Department of | 23 | | Innovation and Technology. | 24 | | (b) Notwithstanding any provision of law to the contrary, | 25 | | on and after the effective date of this Act, references to |
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| 1 | | "Chief Information Officer of the State" shall be construed as | 2 | | references to the Secretary of Innovation and Technology. | 3 | | Section 905. The Civil Administrative Code of Illinois is | 4 | | amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by | 5 | | adding Sections 5-195 and 5-357 as follows:
| 6 | | (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
| 7 | | Sec. 5-10. "Director". As used in the Civil Administrative | 8 | | Code of
Illinois, unless the context clearly indicates
| 9 | | otherwise, the word "director" means the several directors of | 10 | | the departments
of State government as designated in Section | 11 | | 5-20 of this Law and includes the Secretary of Financial and | 12 | | Professional Regulation, the Secretary of Innovation and | 13 | | Technology, the
Secretary of Human Services , and the Secretary | 14 | | of Transportation.
| 15 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 16 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| 17 | | Sec. 5-15. Departments of State government. The | 18 | | Departments of
State government are created as follows:
| 19 | | The Department on Aging.
| 20 | | The Department of Agriculture.
| 21 | | The Department of Central Management Services.
| 22 | | The Department of Children and Family Services.
| 23 | | The Department of Commerce and Economic Opportunity.
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| 1 | | The Department of Corrections.
| 2 | | The Department of Employment Security.
| 3 | | The Illinois Emergency Management Agency.
| 4 | | The Department of Financial and Professional Regulation.
| 5 | | The Department of Healthcare and Family Services.
| 6 | | The Department of Human Rights.
| 7 | | The Department of Human Services.
| 8 | | The Department of Innovation and Technology. | 9 | | The Department of Juvenile Justice.
| 10 | | The Department of Labor.
| 11 | | The Department of the Lottery.
| 12 | | The Department of Natural Resources.
| 13 | | The Department of Public Health.
| 14 | | The Department of Revenue.
| 15 | | The Department of State Police.
| 16 | | The Department of Transportation.
| 17 | | The Department of Veterans' Affairs.
| 18 | | (Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
| 19 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 20 | | Sec. 5-20. Heads of departments. Each department shall have | 21 | | an
officer as its head who shall
be known as director or | 22 | | secretary and who shall, subject to the
provisions of the Civil | 23 | | Administrative Code of Illinois,
execute the powers and | 24 | | discharge the duties
vested by law in his or her respective | 25 | | department.
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| 1 | | The following officers are hereby created:
| 2 | | Director of Aging, for the Department on Aging.
| 3 | | Director of Agriculture, for the Department of | 4 | | Agriculture.
| 5 | | Director of Central Management Services, for the | 6 | | Department of Central
Management Services.
| 7 | | Director of Children and Family Services, for the | 8 | | Department of Children and
Family Services.
| 9 | | Director of Commerce and Economic Opportunity, for
the | 10 | | Department of Commerce
and Economic Opportunity.
| 11 | | Director of Corrections, for the Department of | 12 | | Corrections.
| 13 | | Director of the Illinois Emergency Management Agency, for | 14 | | the Illinois Emergency Management Agency.
| 15 | | Director of Employment Security, for the Department of | 16 | | Employment Security.
| 17 | | Secretary of Financial and Professional Regulation, for | 18 | | the Department of Financial and Professional Regulation.
| 19 | | Director of Healthcare and Family Services, for the | 20 | | Department of Healthcare and Family Services.
| 21 | | Director of Human Rights, for the Department of Human | 22 | | Rights.
| 23 | | Secretary of Human Services, for the Department of Human | 24 | | Services.
| 25 | | Secretary of Innovation and Technology, for the Department | 26 | | of Innovation and Technology. |
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| 1 | | Director of Juvenile Justice, for the Department of | 2 | | Juvenile Justice.
| 3 | | Director of Labor, for the Department of Labor.
| 4 | | Director of the Lottery, for the Department of the Lottery. | 5 | | Director of Natural Resources, for the Department of | 6 | | Natural Resources.
| 7 | | Director of Public Health, for the Department of Public | 8 | | Health.
| 9 | | Director of Revenue, for the Department of Revenue.
| 10 | | Director of State Police, for the Department of State | 11 | | Police.
| 12 | | Secretary of Transportation, for the Department of | 13 | | Transportation.
| 14 | | Director of Veterans' Affairs, for the Department of | 15 | | Veterans' Affairs.
| 16 | | (Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; | 17 | | 97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
| 18 | | (20 ILCS 5/5-195 new) | 19 | | Sec. 5-195. In the Department of Innovation and Technology. | 20 | | Assistant Secretary of Innovation and Technology. | 21 | | (20 ILCS 5/5-357 new) | 22 | | Sec. 5-357. In the Department of Innovation and Technology. | 23 | | The Secretary of Innovation and Technology and the Assistant | 24 | | Secretary of Innovation and Technology shall each receive an |
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| 1 | | annual salary as set by law.
| 2 | | (20 ILCS 5/5-605) (was 20 ILCS 5/12)
| 3 | | Sec. 5-605. Appointment of officers. Each officer whose | 4 | | office
is created by the Civil Administrative Code of Illinois | 5 | | or by
any
amendment to the Code shall be appointed by the | 6 | | Governor, by
and with the advice
and consent of the Senate. In | 7 | | case of vacancies in those offices
during the
recess of the | 8 | | Senate, the Governor shall make a temporary appointment until | 9 | | the
next meeting of the Senate, when the Governor shall | 10 | | nominate some
person to fill the
office, and any person so | 11 | | nominated who is confirmed by the Senate
shall hold office | 12 | | during the remainder of the term and until his or her
successor | 13 | | is
appointed and qualified. If the Senate is not in session at | 14 | | the time the
Code
or any amendments to the Code take effect, | 15 | | the Governor shall
make a temporary
appointment as in the case | 16 | | of a vacancy.
| 17 | | During the absence or inability to act of the director or | 18 | | secretary of any
department, or of the Secretary of Human | 19 | | Services or the Secretary of
Transportation, or in case of a | 20 | | vacancy in any such office until a successor
is appointed and | 21 | | qualified, the Governor may designate some person as acting
| 22 | | director or acting secretary to execute the powers and | 23 | | discharge the
duties vested by law in that director or | 24 | | secretary.
| 25 | | During the term of a General Assembly, the Governor may not |
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| 1 | | designate a person to serve as an acting director or secretary | 2 | | under this Section if that person's nomination to serve as the | 3 | | director or secretary of that same Department was rejected by | 4 | | the Senate of the same General Assembly. This Section is | 5 | | subject to the provisions of subsection (c) of Section 3A-40 of | 6 | | the Illinois Governmental Ethics Act. | 7 | | (Source: P.A. 97-582, eff. 8-26-11.)
| 8 | | Section 910. The Department of Central Management Services | 9 | | Law of the
Civil Administrative Code of Illinois is amended by | 10 | | changing Sections 405-10, 405-270, and 405-410 as follows:
| 11 | | (20 ILCS 405/405-10) (was 20 ILCS 405/35.3)
| 12 | | Sec. 405-10. Director's duties; State policy. It shall be | 13 | | the duty of
the Director and the policy of the State of | 14 | | Illinois to do the following:
| 15 | | (1) Place financial responsibility on State agencies | 16 | | (as
defined in subsection (b) of Section 405-5) and hold | 17 | | them
accountable for the proper discharge of this | 18 | | responsibility.
| 19 | | (2) Require professional, accurate, and current | 20 | | accounting with the
State agencies (as defined in | 21 | | subsection (b) of Section 405-5).
| 22 | | (3) Decentralize fiscal, procedural, and | 23 | | administrative operations to
expedite the business of the | 24 | | State and to avoid expense, unwieldiness,
inefficiency, |
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| 1 | | and unnecessary duplication where decentralization is | 2 | | consistent
with proper fiscal management.
| 3 | | (4) (Blank). Manage or delegate the management of the | 4 | | procurement, retention,
installation, maintenance, and | 5 | | operation of all electronic data processing
equipment used | 6 | | by State agencies as defined in Section 405-20, so as to | 7 | | achieve
maximum economy consistent with development of | 8 | | adequate and timely information
in a form suitable for | 9 | | management analysis, in a manner that provides for
adequate | 10 | | security protection and back-up facilities for that | 11 | | equipment, the
establishment of bonding requirements, and | 12 | | a code of conduct for all
electronic data processing | 13 | | personnel to ensure the privacy of
electronic data | 14 | | processing information as provided by law.
| 15 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 16 | | (20 ILCS 405/405-270) (was 20 ILCS 405/67.18)
| 17 | | Sec. 405-270. Broadcast communications Communications | 18 | | services. To provide for and
coordinate broadcast co-ordinate | 19 | | communications services
for State agencies and, when requested | 20 | | and when in the best interests of
the State, for units of | 21 | | federal or local governments and public and
not-for-profit | 22 | | institutions of primary, secondary, and higher education.
The | 23 | | Department may make use of its satellite uplink available to | 24 | | interested
parties not associated with State government | 25 | | provided that State government
usage shall have first priority. |
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| 1 | | For this purpose the Department shall have
the power and duty | 2 | | to do all of the following:
| 3 | | (1) Provide for and control the procurement, | 4 | | retention,
installation,
and maintenance of video | 5 | | recording, satellite uplink, public information, and | 6 | | broadcast communications equipment or services used by
| 7 | | State agencies in the interest of efficiency and economy.
| 8 | | (2) (Blank). Establish standards by January 1, 1989 for | 9 | | communications
services for State agencies which shall | 10 | | include a minimum of one
telecommunication device for the | 11 | | deaf installed and
operational within each State agency, to | 12 | | provide public access to agency
information for those | 13 | | persons who are hearing or speech impaired. The
Department | 14 | | shall consult the Department of Human
Services to develop | 15 | | standards and implementation for this
equipment.
| 16 | | (3) Establish charges (i) for video recording, | 17 | | satellite uplink, public information, and broadcast | 18 | | communication services for
State
agencies
and, when | 19 | | requested, for units of federal or local government and
| 20 | | public
and not-for-profit institutions of primary, | 21 | | secondary, or higher
education
and (ii) for use of the | 22 | | Department's satellite uplink by parties not
associated
| 23 | | with State government. Entities charged for these services | 24 | | shall
reimburse
the Department.
| 25 | | (4) Instruct all State agencies to report their usage | 26 | | of video recording, satellite uplink, public information, |
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| 1 | | and broadcast
communication services regularly to the | 2 | | Department in the
manner
the Director may prescribe.
| 3 | | (5) Analyze the present and future aims and needs of | 4 | | all State
agencies in the area of video recording, | 5 | | satellite uplink, public information, and broadcast | 6 | | communications services and plan to serve
those aims and | 7 | | needs in the most effective and efficient
manner.
| 8 | | (6) Provide services, including, but not limited to, | 9 | | telecommunications, video recording, satellite uplink, | 10 | | public information, and broadcast other communications | 11 | | services.
| 12 | | (7) Establish the administrative organization
within | 13 | | the Department
that is required to accomplish the purpose | 14 | | of this Section.
| 15 | | The Department is authorized , in consultation with the | 16 | | Department of Innovation and Technology, to
conduct a study for | 17 | | the purpose of determining technical, engineering, and
| 18 | | management specifications for the networking, compatible | 19 | | connection, or
shared use of existing and future public and | 20 | | private owned television
broadcast and reception facilities, | 21 | | including but not limited to
terrestrial microwave, fiber | 22 | | optic, and satellite, for broadcast and
reception of | 23 | | educational, governmental, and business programs, and to
| 24 | | implement those specifications.
| 25 | | However, the Department may not control or interfere with | 26 | | the input
of content into the broadcast communications |
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| 1 | | telecommunications systems by the several State
agencies or | 2 | | units of federal or local government, or public or
| 3 | | not-for-profit institutions of primary, secondary, and higher | 4 | | education, or
users of the Department's satellite uplink.
| 5 | | As used in this Section, the term "State agencies" means | 6 | | all
departments, officers, commissions, boards, institutions, | 7 | | and bodies
politic and corporate of the State except (i) the | 8 | | judicial branch, including, without limitation, the several | 9 | | courts of the State, the offices of the clerk of the supreme | 10 | | court and the clerks of the appellate court, and the | 11 | | Administrative Office of the Illinois Courts and (ii) the | 12 | | General Assembly,
legislative service agencies, and all | 13 | | officers of the General Assembly.
| 14 | | This Section does not apply to the procurement of Next | 15 | | Generation 9-1-1 service as governed by Section 15.6b of the | 16 | | Emergency Telephone System Act. | 17 | | In the event of a conflict between the provisions of this | 18 | | Section and any provision of the Department of Innovation and | 19 | | Technology Act, the Department of Innovation and Technology Act | 20 | | shall be controlling. | 21 | | (Source: P.A. 99-6, eff. 1-1-16 .)
| 22 | | (20 ILCS 405/405-410)
| 23 | | Sec. 405-410. Transfer of Information Technology | 24 | | functions.
| 25 | | (a) Notwithstanding any other law to the contrary, the |
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| 1 | | Secretary of Innovation and Technology Director of Central | 2 | | Management Services , working in cooperation with
the Director | 3 | | of any other agency, department, board, or commission directly
| 4 | | responsible to the Governor, may direct the transfer, to the | 5 | | Department of Innovation and Technology
Central Management | 6 | | Services , of those information technology functions at that
| 7 | | agency, department, board, or commission that are suitable for | 8 | | centralization.
| 9 | | Upon receipt of the written direction to transfer | 10 | | information technology
functions to the Department of | 11 | | Innovation and Technology Central Management Services , the | 12 | | personnel,
equipment, and property (both real and personal) | 13 | | directly relating to the
transferred functions shall be | 14 | | transferred to the Department of Innovation and Technology | 15 | | Central
Management Services , and the relevant documents, | 16 | | records, and correspondence
shall be transferred or copied, as | 17 | | the Secretary Director may prescribe.
| 18 | | (b) Upon receiving written direction from the Secretary of | 19 | | Innovation and Technology Director of Central
Management | 20 | | Services , the Comptroller and Treasurer are authorized
to | 21 | | transfer the unexpended balance of any appropriations related | 22 | | to the
information technology functions transferred to the | 23 | | Department of Innovation and Technology Central
Management | 24 | | Services and shall make the necessary fund transfers from any
| 25 | | special fund in the State Treasury or from any other federal or | 26 | | State trust
fund held by the Treasurer to the General Revenue |
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| 1 | | Fund or , the Technology Management Statistical Services | 2 | | Revolving Fund , or the Communications Revolving Fund, as | 3 | | designated by the Secretary of Innovation and Technology | 4 | | Director of Central Management Services , for
use by the | 5 | | Department of Innovation and Technology Central Management | 6 | | Services in support of information
technology functions or any | 7 | | other related costs or expenses of the Department
of Innovation | 8 | | and Technology Central Management Services .
| 9 | | (c) The rights of employees and the State and its agencies | 10 | | under the
Personnel Code and applicable collective bargaining | 11 | | agreements or under any
pension, retirement, or annuity plan | 12 | | shall not be affected by any transfer
under this Section.
| 13 | | (d) The functions transferred to the Department of | 14 | | Innovation and Technology Central Management
Services by this | 15 | | Section shall be vested in and shall be exercised by the
| 16 | | Department of Innovation and Technology Central Management | 17 | | Services . Each act done in the exercise of
those functions | 18 | | shall have the same legal effect as if done by the agencies,
| 19 | | offices, divisions, departments, bureaus, boards and | 20 | | commissions from which
they were transferred.
| 21 | | Every person or other entity shall be subject to the same | 22 | | obligations and
duties and any penalties, civil or criminal, | 23 | | arising therefrom, and shall have
the same rights arising from | 24 | | the exercise of such rights, powers, and duties as
had been | 25 | | exercised by the agencies, offices, divisions, departments, | 26 | | bureaus,
boards, and commissions from which they were |
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| 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 Innovation and Technology | 9 | | Central Management 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 Innovation | 15 | | and Technology
Central 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; 93-839, eff. 7-30-04; | 24 | | 93-1067, eff. 1-15-05.)
| 25 | | (20 ILCS 405/405-20 rep.)
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| 1 | | (20 ILCS 405/405-250 rep.)
| 2 | | (20 ILCS 405/405-255 rep.)
| 3 | | (20 ILCS 405/405-260 rep.)
| 4 | | (20 ILCS 405/405-265 rep.)
| 5 | | Section 915. The Department of Central Management Services | 6 | | Law of the
Civil Administrative Code of Illinois is amended by | 7 | | repealing Sections 405-20, 405-250, 405-255, 405-260, and | 8 | | 405-265. | 9 | | Section 920. The Department of Commerce and Economic | 10 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 11 | | amended by changing Sections 605-680 and 605-1007 as follows: | 12 | | (20 ILCS 605/605-680) | 13 | | Sec. 605-680. Illinois goods and services website. | 14 | | (a) The Department , in consultation with the Department of | 15 | | Innovation and Technology, must establish and maintain an | 16 | | Internet website devoted to the marketing of Illinois goods and | 17 | | services by linking potential purchasers with producers of | 18 | | goods and services who are located in the State. | 19 | | (b) The Department must advertise the website to encourage | 20 | | inclusion of producers on the website and to encourage the use | 21 | | of the website by potential purchasers.
| 22 | | (Source: P.A. 93-868, eff. 1-1-05.) | 23 | | Section 925. The Department of Commerce and Economic |
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| 1 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 2 | | amended by changing Section 605-1007 as follows: | 3 | | (20 ILCS 605/605-1007) | 4 | | Sec. 605-1007. New business permitting portal. | 5 | | (a) By July 1, 2017, the Department , in consultation with | 6 | | the Department of Innovation and Technology, shall create and | 7 | | maintain a website to help persons wishing to create new | 8 | | businesses or relocate businesses to Illinois. The Department | 9 | | shall consult with at least one organization representing small | 10 | | businesses in this State while creating the website. | 11 | | (b) The website shall include: | 12 | | (1) an estimate of license and permitting fees for | 13 | | different businesses; | 14 | | (2) State government application forms for business | 15 | | licensing or registration; | 16 | | (3) hyperlinks to websites of the responsible agency or | 17 | | organization responsible for accepting the application; | 18 | | and | 19 | | (4) contact information for any local government | 20 | | permitting agencies that may be relevant. | 21 | | (c) The Department shall contact all agencies to obtain | 22 | | business forms and other information for this website. Those | 23 | | agencies shall respond to the Department before July 1, 2016. | 24 | | (d) The website shall also include some mechanism for the | 25 | | potential business owner to request more information from the |
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| 1 | | Department that may be helpful in starting the business, | 2 | | including, but not limited to, State-based incentives that the | 3 | | business owner may qualify for when starting or relocating a | 4 | | business. | 5 | | (e) The Department shall update the website at least once a | 6 | | year before July 1. The Department shall request that other | 7 | | State agencies report any changes in applicable application | 8 | | forms to the Department by June 1 of every year after 2016.
| 9 | | (Source: P.A. 99-134, eff. 1-1-16 .) | 10 | | Section 930. The State Fire Marshal Act is amended by | 11 | | changing Section 2.5 as follows:
| 12 | | (20 ILCS 2905/2.5)
| 13 | | Sec. 2.5. Equipment exchange program. | 14 | | (a) The Office shall create and maintain an
equipment | 15 | | exchange program under which fire departments, fire protection
| 16 | | districts, and township fire departments can donate or sell
| 17 | | equipment to, trade equipment with, or buy equipment from each | 18 | | other.
| 19 | | (b) Under this program, the Office , in consultation with | 20 | | the Department of Innovation and Technology shall maintain a | 21 | | website that allows fire departments, fire protection
| 22 | | districts, and township fire departments to post information | 23 | | and photographs about needed equipment and equipment that is | 24 | | available for trade, donation, or sale. This website must be |
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| 1 | | separate from, and not a part of, the Office's main website; | 2 | | however, the Office must post a hyperlink on its main website | 3 | | that points to the website established under this subsection | 4 | | (b).
| 5 | | (c) The Office or a fire department, fire protection | 6 | | district, or township fire department that
donates, trades, or | 7 | | sells fire protection equipment to another fire department, | 8 | | fire protection
district, or township fire department under | 9 | | this Section
is
not liable for any damage or injury caused by | 10 | | the donated, traded, or sold fire protection
equipment, except | 11 | | for damage or injury caused by its willful and wanton
| 12 | | misconduct,
if it discloses in writing to the recipient at the | 13 | | time of the
donation, trade, or sale any known damage to
or | 14 | | deficiencies in the equipment.
| 15 | | This Section does not relieve any fire department, fire | 16 | | protection district,
or
township fire department from | 17 | | liability, unless otherwise provided by law, for
any
damage or | 18 | | injury caused by donated, traded, or sold fire protection | 19 | | equipment that was received
through the equipment exchange | 20 | | program. | 21 | | (d) The Office must promote the program to encourage the | 22 | | efficient exchange of equipment among local government | 23 | | entities.
| 24 | | (e) The Office must implement the changes to the equipment | 25 | | exchange program required under this amendatory Act of the 94th | 26 | | General Assembly no later than July 1, 2006. |
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| 1 | | (Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
| 2 | | Section 935. The Illinois Century Network Act is amended by | 3 | | changing Sections 15 and 20 as follows:
| 4 | | (20 ILCS 3921/15)
| 5 | | Sec. 15. Management of the Illinois Century Network.
| 6 | | (a) Staffing and
contractual services necessary to support | 7 | | the network's activities shall be
governed by the Illinois | 8 | | Century Network Policy Committee. The committee
shall
include:
| 9 | | (1) 6 standing members as follows:
| 10 | | (i) the Illinois State Library Director or | 11 | | designee;
| 12 | | (ii) the Illinois State Museum Director or | 13 | | designee;
| 14 | | (iii) the Executive Director of the Board of Higher
| 15 | | Education or designee;
| 16 | | (iv) the Executive Director of the Illinois | 17 | | Community
College Board or designee;
| 18 | | (v) the State Board of Education State | 19 | | Superintendent or
designee; and
| 20 | | (vi) the Secretary of Innovation and Technology | 21 | | Director of Central Management Services or
designee;
| 22 | | (2) up to 7 members who are appointed by the Governor
| 23 | | and who:
| 24 | | (i) have experience and background in private K-12
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| 1 | | education, private higher education, or who are from
| 2 | | other participant constituents that are not already
| 3 | | represented;
| 4 | | (ii) shall serve staggered terms up to 3 years as | 5 | | designated by the
Governor; and
| 6 | | (iii) shall serve until a successor is appointed | 7 | | and
qualified; and
| 8 | | (3) a Chairperson who is appointed by the Governor and | 9 | | who shall
serve a term of 2 years and until a successor is | 10 | | appointed and qualified.
| 11 | | (b) Illinois Century Network Policy Committee members | 12 | | shall serve without
compensation but shall be entitled to | 13 | | reimbursement for reasonable expenses of
travel for members who | 14 | | are required to travel for a distance greater than 20
miles to | 15 | | participate in business of the Illinois Century Network Policy
| 16 | | Committee.
| 17 | | (Source: P.A. 98-719, eff. 1-1-15 .)
| 18 | | (20 ILCS 3921/20)
| 19 | | Sec. 20. Illinois Century Network Policy Committee. The | 20 | | Illinois Century
Network Policy Committee shall advise the | 21 | | Department of Innovation and Technology on general policies set | 22 | | general policies for the network . The
Committee shall advise | 23 | | the Department of Innovation and Technology with regard to
have | 24 | | the following additional duties and powers:
| 25 | | (1) to purchase, acquire, or receive equipment and |
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| 1 | | agreements or
contracts for services for the benefit of the | 2 | | Illinois Century Network or its
participants;
| 3 | | (2) to sell or convey
equipment or services
desirable | 4 | | for Network operations
to its participants
at reasonable | 5 | | costs incurred in the
acquisition of the equipment or | 6 | | services;
| 7 | | (3) to employ and fix the compensation for employees as | 8 | | it deems
reasonable to achieve the purposes of this Act;
| 9 | | (4) to establish and maintain petty cash funds as | 10 | | provided in
Section 13.3 of the State Finance Act;
| 11 | | (5) to make, amend, and repeal bylaws, rules, | 12 | | regulations, and
resolutions that are consistent with this | 13 | | Act;
| 14 | | (6) to make and execute all contracts and instruments | 15 | | necessary or
convenient to the exercise of its powers;
| 16 | | (7) to exclusively control and manage the Network and | 17 | | all moneys
that are donated, paid, or appropriated for the | 18 | | creation, improvement, and
operation of the Network;
| 19 | | (8) to prepare and submit a budget for the necessary | 20 | | and contingent
operation expenses of the Network;
| 21 | | (9) to accept grants and funds from the federal and | 22 | | state
governments and any federal or state agency and to | 23 | | expend those moneys in
accordance and
in furtherance of the | 24 | | purposes of this Act;
| 25 | | (10) to enter into intergovernmental agreements with | 26 | | other
governmental entities, including but not limited to, |
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| 1 | | the Board of
Higher Education, the Illinois Community | 2 | | College Board, the State Board
of Education, the Department | 3 | | of Central Management Services, and local
education | 4 | | agencies, in order to implement and execute the powers and
| 5 | | duties set forth in this Act;
| 6 | | (11) to acquire or procure telecommunications or | 7 | | computer networks
or related services, alone or in | 8 | | cooperation with other governmental
or education entities, | 9 | | as may be of reasonable benefit to the Network or its
| 10 | | participants for the general purposes set forth in this | 11 | | Act; and
| 12 | | (12) to receive assignment of ownership or management | 13 | | rights and the use
of telecommunications equipment and | 14 | | services owned or
leased by the State of Illinois or other | 15 | | entities providing services
to Illinois citizens for use in | 16 | | operation of Network programs and
services.
| 17 | | (Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
| 18 | | Section 940. The State Finance Act is amended by changing | 19 | | Sections 5.55, 6p-1, 6p-2, 6z-34, 8.16a, and 8.16b as follows:
| 20 | | (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
| 21 | | Sec. 5.55. The Technology Management Statistical Services | 22 | | Revolving Fund. | 23 | | (Source: Laws 1919, p. 946.)
|
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| 1 | | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
| 2 | | Sec. 6p-1.
The Technology Management Revolving Fund | 3 | | (formerly the Statistical Services Revolving Fund ) shall be | 4 | | initially
financed by a transfer of funds from the General | 5 | | Revenue Fund. Thereafter,
all fees and other monies received by | 6 | | the Department of Innovation and Technology Central Management
| 7 | | Services in payment for information technology and related | 8 | | statistical services rendered pursuant to subsection (b) of | 9 | | Section 30 of the Department of Innovation and Technology Act | 10 | | Section
405-20 of the Department of Central Management Services | 11 | | Law (20
ILCS 405/405-20) shall be paid
into
the
Technology | 12 | | Management Statistical Services Revolving Fund. On and after | 13 | | July 1, 2018, or after sufficient moneys have been received in | 14 | | the Communications Revolving Fund to pay all Fiscal Year 2018 | 15 | | obligations payable from the Fund, whichever is later, all fees | 16 | | and other moneys received by the Department of Central | 17 | | Management Services in payment for communications services | 18 | | rendered pursuant to the Department of Central Management | 19 | | Services Law of the Civil Administrative Code of Illinois or | 20 | | sale of surplus State communications equipment shall be paid | 21 | | into the Technology Management Revolving Fund. The money in | 22 | | this fund shall be used
by the Department of Innovation and | 23 | | Technology Central Management Services as reimbursement for
| 24 | | expenditures incurred in rendering information technology and | 25 | | related statistical services and, beginning July 1, 2016, as | 26 | | reimbursement for expenditures incurred in relation to |
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| 1 | | communications services .
| 2 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 3 | | (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
| 4 | | Sec. 6p-2.
The Communications Revolving Fund shall be | 5 | | initially financed
by a transfer of funds from the General | 6 | | Revenue Fund. Thereafter, all fees
and other monies received by | 7 | | the Department of Innovation and Technology Central Management | 8 | | Services in
payment for communications services rendered | 9 | | pursuant to the Department of Innovation and Technology Act
| 10 | | Central Management Services Law or sale of surplus State | 11 | | communications
equipment shall be paid into the Communications | 12 | | Revolving Fund. Except as
otherwise provided in this Section, | 13 | | the money in this fund shall be used by the
Department of | 14 | | Innovation and Technology Central Management Services as | 15 | | reimbursement for expenditures
incurred in relation to | 16 | | communications services.
| 17 | | On the effective date of this
amendatory Act of the 93rd | 18 | | General Assembly, or as soon as practicable
thereafter, the | 19 | | State Comptroller shall order transferred and the State
| 20 | | Treasurer shall transfer $3,000,000 from the Communications | 21 | | Revolving Fund to
the Emergency Public Health Fund to be used | 22 | | for the purposes specified in
Section 55.6a of the | 23 | | Environmental Protection Act.
| 24 | | In addition to any other transfers that may be provided for | 25 | | by law, on July 1, 2011, or as soon thereafter as practical, |
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| 1 | | the State Comptroller shall direct and the State Treasurer | 2 | | shall transfer the sum of $5,000,000 from the General Revenue | 3 | | Fund to the Communications Revolving Fund. | 4 | | Notwithstanding any other provision of law, in addition to | 5 | | any other transfers that may be provided by law, on July 1, | 6 | | 2018, or after sufficient moneys have been received in the | 7 | | Communications Revolving Fund to pay all Fiscal Year 2018 | 8 | | obligations payable from the Fund, whichever is later, the | 9 | | State Comptroller shall direct and the State Treasurer shall | 10 | | transfer the remaining balance from the Communications | 11 | | Revolving Fund into the Technology Management Revolving Fund. | 12 | | Upon completion of the transfer, any future deposits due to | 13 | | that Fund and any outstanding obligations or liabilities of | 14 | | that Fund pass to the Technology Management Revolving Fund. | 15 | | (Source: P.A. 97-641, eff. 12-19-11.)
| 16 | | (30 ILCS 105/6z-34)
| 17 | | Sec. 6z-34. Secretary of State Special Services Fund. There
| 18 | | is created in the State Treasury a special fund to be known as | 19 | | the Secretary of
State Special Services Fund. Moneys deposited | 20 | | into the Fund may, subject to
appropriation, be used by the | 21 | | Secretary of State for any or all of the
following purposes:
| 22 | | (1) For general automation efforts within operations | 23 | | of the Office of
Secretary of State.
| 24 | | (2) For technology applications in any form that will | 25 | | enhance the
operational capabilities of the Office of |
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| 1 | | Secretary of State.
| 2 | | (3) To provide funds for any type of library grants | 3 | | authorized and
administered by the Secretary of State as | 4 | | State Librarian.
| 5 | | These funds are in addition to any other funds otherwise | 6 | | authorized to the
Office of Secretary of State for like or | 7 | | similar purposes.
| 8 | | On August 15, 1997, all fiscal year 1997 receipts that | 9 | | exceed the
amount of $15,000,000 shall be transferred from this | 10 | | Fund to the Statistical
Services Revolving Fund; on August 15, | 11 | | 1998 and each year thereafter
through 2000, all
receipts from | 12 | | the fiscal year ending on the previous June 30th that exceed | 13 | | the
amount of $17,000,000 shall be transferred from this Fund | 14 | | to the Statistical
Services Revolving Fund; on August 15, 2001 | 15 | | and each year thereafter
through 2002, all
receipts from the | 16 | | fiscal year ending on the previous June 30th that exceed the
| 17 | | amount of $19,000,000 shall be transferred from this Fund to | 18 | | the Statistical
Services Revolving Fund; and on August 15, 2003 | 19 | | and each year thereafter, all
receipts from the fiscal year | 20 | | ending on the previous June 30th that exceed the
amount of | 21 | | $33,000,000 shall be transferred from this Fund to the | 22 | | Technology Management Statistical
Services Revolving Fund.
| 23 | | (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
| 24 | | (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
| 25 | | Sec. 8.16a.
Appropriations for the procurement, |
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| 1 | | installation,
retention, maintenance and operation of | 2 | | electronic data processing and
information technology devices | 3 | | and software used by State state agencies subject to subsection | 4 | | (b) of Section 30 of the Department of Innovation and | 5 | | Technology Act Section 405-20 of
the Department of Central | 6 | | Management Services Law (20 ILCS 405/405-20) , the purchase of | 7 | | necessary
supplies and equipment and accessories thereto, and | 8 | | all other expenses
incident to the operation and maintenance of | 9 | | those electronic data
processing and information technology | 10 | | devices and software are payable from the Technology Management | 11 | | Statistical
Services Revolving Fund. However, no contract | 12 | | shall be entered into or
obligation incurred for any | 13 | | expenditure from the Technology Management Statistical | 14 | | Services
Revolving Fund until after the purpose and amount has | 15 | | been approved in
writing by the Secretary of Innovation and | 16 | | Technology Director of Central Management Services . Until | 17 | | there are
sufficient funds in the Technology Management | 18 | | Revolving Fund (formerly known as the Statistical Services | 19 | | Revolving Fund ) to carry out
the purposes of this amendatory | 20 | | Act of 1965, however, the State agencies
subject to subsection | 21 | | (b) of Section 30 of the Department of Innovation and | 22 | | Technology Act that Section 405-20
shall, on written approval | 23 | | of the Secretary of Innovation and Technology Director of | 24 | | Central Management
Services , pay the cost of operating and | 25 | | maintaining electronic data processing
systems from current | 26 | | appropriations as classified and standardized in
"An Act in |
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| 1 | | relation to State finance", approved June 10, 1919, as amended.
| 2 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 3 | | (30 ILCS 105/8.16b) (from Ch. 127, par. 144.16b)
| 4 | | Sec. 8.16b.
Appropriations for expenses related to
| 5 | | communications services pursuant to
the Civil Administrative | 6 | | Code of Illinois are payable from the
Communications Revolving | 7 | | Fund. However, no contract shall be
entered into or obligation | 8 | | incurred for any expenditure from
the Communications Revolving | 9 | | Fund until after the purpose and
amount has been approved in | 10 | | writing by the Secretary of Innovation and Technology Director | 11 | | of Central
Management Services .
| 12 | | (Source: P.A. 87-817.)
| 13 | | Section 945. The Grant Information Collection Act is | 14 | | amended by changing Section 10 as follows: | 15 | | (30 ILCS 707/10)
| 16 | | Sec. 10. Grant information collection. The Secretary of | 17 | | Innovation and Technology Chief Information Officer of the | 18 | | State, as designated by the Governor, shall coordinate with | 19 | | each State agency to develop, with any existing or newly | 20 | | available resources and technology, appropriate systems to | 21 | | accurately report data containing financial information. These | 22 | | systems shall include a module that is specific to the | 23 | | management and administration of grant funds. |
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| 1 | | Each grantor agency that is authorized to award grant funds | 2 | | to an entity other than the State of Illinois shall coordinate | 3 | | with the Secretary of Innovation and Technology Chief | 4 | | Information Officer of the State to provide for the | 5 | | publication, at data.illinois.gov or any other publicly | 6 | | accessible website designated by the Chief Information | 7 | | Officer, of data sets containing information regarding awards | 8 | | of grant funds that the grantor agency has made during the | 9 | | previous fiscal year. Data sets shall be published on at least | 10 | | a quarterly basis and shall include, at a minimum, the | 11 | | following: | 12 | | (1) the name of the grantor agency; | 13 | | (2) the name and postal zip code of the grantee; | 14 | | (3) a short description of the purpose of the award of | 15 | | grant funds; | 16 | | (4) the amount of each award of grant funds; | 17 | | (5) the date of each award of grant funds; and | 18 | | (6) the duration of each award of grant funds. | 19 | | In addition, each grantor agency shall make best efforts, | 20 | | with available resources and technology, to make available in | 21 | | the data sets any other data that is relevant to its award of | 22 | | grant funds. | 23 | | Data not subject to the requirements of this Section | 24 | | include data to which a State agency may deny access pursuant | 25 | | to any provision of a federal, State, or local law, rule, or | 26 | | regulation.
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| 1 | | (Source: P.A. 98-589, eff. 1-1-14.) | 2 | | Section 950. The Illinois Pension Code is amended by | 3 | | changing Sections 1-160, 14-110, and 15-106 as follows:
| 4 | | (40 ILCS 5/1-160)
| 5 | | (Text of Section WITHOUT the changes made by P.A. 98-641, | 6 | | which has been held unconstitutional) | 7 | | Sec. 1-160. Provisions applicable to new hires. | 8 | | (a) The provisions of this Section apply to a person who, | 9 | | on or after January 1, 2011, first becomes a member or a | 10 | | participant under any reciprocal retirement system or pension | 11 | | fund established under this Code, other than a retirement | 12 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 13 | | 15 or 18 of this Code, notwithstanding any other provision of | 14 | | this Code to the contrary, but do not apply to any self-managed | 15 | | plan established under this Code, to any person with respect to | 16 | | service as a sheriff's law enforcement employee under Article | 17 | | 7, or to any participant of the retirement plan established | 18 | | under Section 22-101. Notwithstanding anything to the contrary | 19 | | in this Section, for purposes of this Section, a person who | 20 | | participated in a retirement system under Article 15 prior to | 21 | | January 1, 2011 shall be deemed a person who first became a | 22 | | member or participant prior to January 1, 2011 under any | 23 | | retirement system or pension fund subject to this Section. The | 24 | | changes made to this Section by Public Act 98-596 this |
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| 1 | | amendatory Act of the 98th General Assembly are a clarification | 2 | | of existing law and are intended to be retroactive to January | 3 | | 1, 2011 ( the effective date of Public Act 96-889 ) , | 4 | | notwithstanding the provisions of Section 1-103.1 of this Code. | 5 | | (b) "Final average salary" means the average monthly (or | 6 | | annual) salary obtained by dividing the total salary or | 7 | | earnings calculated under the Article applicable to the member | 8 | | or participant during the 96 consecutive months (or 8 | 9 | | consecutive years) of service within the last 120 months (or 10 | 10 | | years) of service in which the total salary or earnings | 11 | | calculated under the applicable Article was the highest by the | 12 | | number of months (or years) of service in that period. For the | 13 | | purposes of a person who first becomes a member or participant | 14 | | of any retirement system or pension fund to which this Section | 15 | | applies on or after January 1, 2011, in this Code, "final | 16 | | average salary" shall be substituted for the following: | 17 | | (1) In Article 7 (except for service as sheriff's law | 18 | | enforcement employees), "final rate of earnings". | 19 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 20 | | annual salary for any 4 consecutive years within the last | 21 | | 10 years of service immediately preceding the date of | 22 | | withdrawal". | 23 | | (3) In Article 13, "average final salary". | 24 | | (4) In Article 14, "final average compensation". | 25 | | (5) In Article 17, "average salary". | 26 | | (6) In Section 22-207, "wages or salary received by him |
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| 1 | | at the date of retirement or discharge". | 2 | | (b-5) Beginning on January 1, 2011, for all purposes under | 3 | | this Code (including without limitation the calculation of | 4 | | benefits and employee contributions), the annual earnings, | 5 | | salary, or wages (based on the plan year) of a member or | 6 | | participant to whom this Section applies shall not exceed | 7 | | $106,800; however, that amount shall annually thereafter be | 8 | | increased by the lesser of (i) 3% of that amount, including all | 9 | | previous adjustments, or (ii) one-half the annual unadjusted | 10 | | percentage increase (but not less than zero) in the consumer | 11 | | price index-u
for the 12 months ending with the September | 12 | | preceding each November 1, including all previous adjustments. | 13 | | For the purposes of this Section, "consumer price index-u" | 14 | | means
the index published by the Bureau of Labor Statistics of | 15 | | the United States
Department of Labor that measures the average | 16 | | change in prices of goods and
services purchased by all urban | 17 | | consumers, United States city average, all
items, 1982-84 = | 18 | | 100. The new amount resulting from each annual adjustment
shall | 19 | | be determined by the Public Pension Division of the Department | 20 | | of Insurance and made available to the boards of the retirement | 21 | | systems and pension funds by November 1 of each year. | 22 | | (c) A member or participant is entitled to a retirement
| 23 | | annuity upon written application if he or she has attained age | 24 | | 67 (beginning January 1, 2015, age 65 with respect to service | 25 | | under Article 12 of this Code that is subject to this Section) | 26 | | and has at least 10 years of service credit and is otherwise |
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| 1 | | eligible under the requirements of the applicable Article. | 2 | | A member or participant who has attained age 62 (beginning | 3 | | January 1, 2015, age 60 with respect to service under Article | 4 | | 12 of this Code that is subject to this Section) and has at | 5 | | least 10 years of service credit and is otherwise eligible | 6 | | under the requirements of the applicable Article may elect to | 7 | | receive the lower retirement annuity provided
in subsection (d) | 8 | | of this Section. | 9 | | (d) The retirement annuity of a member or participant who | 10 | | is retiring after attaining age 62 (beginning January 1, 2015, | 11 | | age 60 with respect to service under Article 12 of this Code | 12 | | that is subject to this Section) with at least 10 years of | 13 | | service credit shall be reduced by one-half
of 1% for each full | 14 | | month that the member's age is under age 67 (beginning January | 15 | | 1, 2015, age 65 with respect to service under Article 12 of | 16 | | this Code that is subject to this Section). | 17 | | (e) Any retirement annuity or supplemental annuity shall be | 18 | | subject to annual increases on the January 1 occurring either | 19 | | on or after the attainment of age 67 (beginning January 1, | 20 | | 2015, age 65 with respect to service under Article 12 of this | 21 | | Code that is subject to this Section) or the first anniversary | 22 | | of the annuity start date, whichever is later. Each annual | 23 | | increase shall be calculated at 3% or one-half the annual | 24 | | unadjusted percentage increase (but not less than zero) in the | 25 | | consumer price index-u for the 12 months ending with the | 26 | | September preceding each November 1, whichever is less, of the |
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| 1 | | originally granted retirement annuity. If the annual | 2 | | unadjusted percentage change in the consumer price index-u for | 3 | | the 12 months ending with the September preceding each November | 4 | | 1 is zero or there is a decrease, then the annuity shall not be | 5 | | increased. | 6 | | (f) The initial survivor's or widow's annuity of an | 7 | | otherwise eligible survivor or widow of a retired member or | 8 | | participant who first became a member or participant on or | 9 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 10 | | retired member's or participant's retirement annuity at the | 11 | | date of death. In the case of the death of a member or | 12 | | participant who has not retired and who first became a member | 13 | | or participant on or after January 1, 2011, eligibility for a | 14 | | survivor's or widow's annuity shall be determined by the | 15 | | applicable Article of this Code. The initial benefit shall be | 16 | | 66 2/3% of the earned annuity without a reduction due to age. A | 17 | | child's annuity of an otherwise eligible child shall be in the | 18 | | amount prescribed under each Article if applicable. Any | 19 | | survivor's or widow's annuity shall be increased (1) on each | 20 | | January 1 occurring on or after the commencement of the annuity | 21 | | if
the deceased member died while receiving a retirement | 22 | | annuity or (2) in
other cases, on each January 1 occurring | 23 | | after the first anniversary
of the commencement of the annuity. | 24 | | Each annual increase shall be calculated at 3% or one-half the | 25 | | annual unadjusted percentage increase (but not less than zero) | 26 | | in the consumer price index-u for the 12 months ending with the |
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| 1 | | September preceding each November 1, whichever is less, of the | 2 | | originally granted survivor's annuity. If the annual | 3 | | unadjusted percentage change in the consumer price index-u for | 4 | | the 12 months ending with the September preceding each November | 5 | | 1 is zero or there is a decrease, then the annuity shall not be | 6 | | increased. | 7 | | (g) The benefits in Section 14-110 apply only if the person | 8 | | is a State policeman, a fire fighter in the fire protection | 9 | | service of a department, or a security employee of the | 10 | | Department of Corrections or the Department of Juvenile | 11 | | Justice, or a security employee of the Department of Innovation | 12 | | and Technology, as those terms are defined in subsection (b) | 13 | | and subsection (c) of Section 14-110. A person who meets the | 14 | | requirements of this Section is entitled to an annuity | 15 | | calculated under the provisions of Section 14-110, in lieu of | 16 | | the regular or minimum retirement annuity, only if the person | 17 | | has withdrawn from service with not less than 20
years of | 18 | | eligible creditable service and has attained age 60, regardless | 19 | | of whether
the attainment of age 60 occurs while the person is
| 20 | | still in service. | 21 | | (h) If a person who first becomes a member or a participant | 22 | | of a retirement system or pension fund subject to this Section | 23 | | on or after January 1, 2011 is receiving a retirement annuity | 24 | | or retirement pension under that system or fund and becomes a | 25 | | member or participant under any other system or fund created by | 26 | | this Code and is employed on a full-time basis, except for |
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| 1 | | those members or participants exempted from the provisions of | 2 | | this Section under subsection (a) of this Section, then the | 3 | | person's retirement annuity or retirement pension under that | 4 | | system or fund shall be suspended during that employment. Upon | 5 | | termination of that employment, the person's retirement | 6 | | annuity or retirement pension payments shall resume and be | 7 | | recalculated if recalculation is provided for under the | 8 | | applicable Article of this Code. | 9 | | If a person who first becomes a member of a retirement | 10 | | system or pension fund subject to this Section on or after | 11 | | January 1, 2012 and is receiving a retirement annuity or | 12 | | retirement pension under that system or fund and accepts on a | 13 | | contractual basis a position to provide services to a | 14 | | governmental entity from which he or she has retired, then that | 15 | | person's annuity or retirement pension earned as an active | 16 | | employee of the employer shall be suspended during that | 17 | | contractual service. A person receiving an annuity or | 18 | | retirement pension under this Code shall notify the pension | 19 | | fund or retirement system from which he or she is receiving an | 20 | | annuity or retirement pension, as well as his or her | 21 | | contractual employer, of his or her retirement status before | 22 | | accepting contractual employment. A person who fails to submit | 23 | | such notification shall be guilty of a Class A misdemeanor and | 24 | | required to pay a fine of $1,000. Upon termination of that | 25 | | contractual employment, the person's retirement annuity or | 26 | | retirement pension payments shall resume and, if appropriate, |
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| 1 | | be recalculated under the applicable provisions of this Code. | 2 | | (i) (Blank). | 3 | | (j) In the case of a conflict between the provisions of | 4 | | this Section and any other provision of this Code, the | 5 | | provisions of this Section shall control.
| 6 | | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, | 7 | | eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
| 8 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 9 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 10 | | which has been
held unconstitutional)
| 11 | | Sec. 14-110. Alternative retirement annuity.
| 12 | | (a) Any member who has withdrawn from service with not less | 13 | | than 20
years of eligible creditable service and has attained | 14 | | age 55, and any
member who has withdrawn from service with not | 15 | | less than 25 years of
eligible creditable service and has | 16 | | attained age 50, regardless of whether
the attainment of either | 17 | | of the specified ages occurs while the member is
still in | 18 | | service, shall be entitled to receive at the option of the | 19 | | member,
in lieu of the regular or minimum retirement annuity, a | 20 | | retirement annuity
computed as follows:
| 21 | | (i) for periods of service as a noncovered employee:
if | 22 | | retirement occurs on or after January 1, 2001, 3% of final
| 23 | | average compensation for each year of creditable service; | 24 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 25 | | final average compensation for each of the
first 10 years |
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| 1 | | of creditable service, 2 1/2% for each year above 10 years | 2 | | to
and including 20 years of creditable service, and 2 3/4% | 3 | | for each year of
creditable service above 20 years; and
| 4 | | (ii) for periods of eligible creditable service as a | 5 | | covered employee:
if retirement occurs on or after January | 6 | | 1, 2001, 2.5% of final average
compensation for each year | 7 | | of creditable service; if retirement occurs before
January | 8 | | 1, 2001, 1.67% of final average compensation for each of | 9 | | the first
10 years of such service, 1.90% for each of the | 10 | | next 10 years of such service,
2.10% for each year of such | 11 | | service in excess of 20 but not exceeding 30, and
2.30% for | 12 | | each year in excess of 30.
| 13 | | Such annuity shall be subject to a maximum of 75% of final | 14 | | average
compensation if retirement occurs before January 1, | 15 | | 2001 or to a maximum
of 80% of final average compensation if | 16 | | retirement occurs on or after January
1, 2001.
| 17 | | These rates shall not be applicable to any service | 18 | | performed
by a member as a covered employee which is not | 19 | | eligible creditable service.
Service as a covered employee | 20 | | which is not eligible creditable service
shall be subject to | 21 | | the rates and provisions of Section 14-108.
| 22 | | (b) For the purpose of this Section, "eligible creditable | 23 | | service" means
creditable service resulting from service in one | 24 | | or more of the following
positions:
| 25 | | (1) State policeman;
| 26 | | (2) fire fighter in the fire protection service of a |
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| 1 | | department;
| 2 | | (3) air pilot;
| 3 | | (4) special agent;
| 4 | | (5) investigator for the Secretary of State;
| 5 | | (6) conservation police officer;
| 6 | | (7) investigator for the Department of Revenue or the | 7 | | Illinois Gaming Board;
| 8 | | (8) security employee of the Department of Human | 9 | | Services;
| 10 | | (9) Central Management Services security police | 11 | | officer;
| 12 | | (10) security employee of the Department of | 13 | | Corrections or the Department of Juvenile Justice;
| 14 | | (11) dangerous drugs investigator;
| 15 | | (12) investigator for the Department of State Police;
| 16 | | (13) investigator for the Office of the Attorney | 17 | | General;
| 18 | | (14) controlled substance inspector;
| 19 | | (15) investigator for the Office of the State's | 20 | | Attorneys Appellate
Prosecutor;
| 21 | | (16) Commerce Commission police officer;
| 22 | | (17) arson investigator;
| 23 | | (18) State highway maintenance worker ; . | 24 | | (19) security employee of the Department of Innovation | 25 | | and Technology.
| 26 | | A person employed in one of the positions specified in this |
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| 1 | | subsection is
entitled to eligible creditable service for | 2 | | service credit earned under this
Article while undergoing the | 3 | | basic police training course approved by the
Illinois Law | 4 | | Enforcement Training
Standards Board, if
completion of that | 5 | | training is required of persons serving in that position.
For | 6 | | the purposes of this Code, service during the required basic | 7 | | police
training course shall be deemed performance of the | 8 | | duties of the specified
position, even though the person is not | 9 | | a sworn peace officer at the time of
the training.
| 10 | | (c) For the purposes of this Section:
| 11 | | (1) The term "state policeman" includes any title or | 12 | | position
in the Department of State Police that is held by | 13 | | an individual employed
under the State Police Act.
| 14 | | (2) The term "fire fighter in the fire protection | 15 | | service of a
department" includes all officers in such fire | 16 | | protection service
including fire chiefs and assistant | 17 | | fire chiefs.
| 18 | | (3) The term "air pilot" includes any employee whose | 19 | | official job
description on file in the Department of | 20 | | Central Management Services, or
in the department by which | 21 | | he is employed if that department is not covered
by the | 22 | | Personnel Code, states that his principal duty is the | 23 | | operation of
aircraft, and who possesses a pilot's license; | 24 | | however, the change in this
definition made by this | 25 | | amendatory Act of 1983 shall not operate to exclude
any | 26 | | noncovered employee who was an "air pilot" for the purposes |
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| 1 | | of this
Section on January 1, 1984.
| 2 | | (4) The term "special agent" means any person who by | 3 | | reason of
employment by the Division of Narcotic Control, | 4 | | the Bureau of Investigation
or, after July 1, 1977, the | 5 | | Division of Criminal Investigation, the
Division of | 6 | | Internal Investigation, the Division of Operations, or any
| 7 | | other Division or organizational
entity in the Department | 8 | | of State Police is vested by law with duties to
maintain | 9 | | public order, investigate violations of the criminal law of | 10 | | this
State, enforce the laws of this State, make arrests | 11 | | and recover property.
The term "special agent" includes any | 12 | | title or position in the Department
of State Police that is | 13 | | held by an individual employed under the State
Police Act.
| 14 | | (5) The term "investigator for the Secretary of State" | 15 | | means any person
employed by the Office of the Secretary of | 16 | | State and vested with such
investigative duties as render | 17 | | him ineligible for coverage under the Social
Security Act | 18 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 19 | | 218(l)(1)
of that Act.
| 20 | | A person who became employed as an investigator for the | 21 | | Secretary of
State between January 1, 1967 and December 31, | 22 | | 1975, and who has served as
such until attainment of age | 23 | | 60, either continuously or with a single break
in service | 24 | | of not more than 3 years duration, which break terminated | 25 | | before
January 1, 1976, shall be entitled to have his | 26 | | retirement annuity
calculated in accordance with |
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| 1 | | subsection (a), notwithstanding
that he has less than 20 | 2 | | years of credit for such service.
| 3 | | (6) The term "Conservation Police Officer" means any | 4 | | person employed
by the Division of Law Enforcement of the | 5 | | Department of Natural Resources and
vested with such law | 6 | | enforcement duties as render him ineligible for coverage
| 7 | | under the Social Security Act by reason of Sections | 8 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 9 | | term "Conservation Police Officer" includes
the positions | 10 | | of Chief Conservation Police Administrator and Assistant
| 11 | | Conservation Police Administrator.
| 12 | | (7) The term "investigator for the Department of | 13 | | Revenue" means any
person employed by the Department of | 14 | | Revenue and vested with such
investigative duties as render | 15 | | him ineligible for coverage under the Social
Security Act | 16 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 17 | | 218(l)(1)
of that Act.
| 18 | | The term "investigator for the Illinois Gaming Board" | 19 | | means any
person employed as such by the Illinois Gaming | 20 | | Board and vested with such
peace officer duties as render | 21 | | the person ineligible for coverage under the Social
| 22 | | Security Act by reason of Sections 218(d)(5)(A), | 23 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 24 | | (8) The term "security employee of the Department of | 25 | | Human Services"
means any person employed by the Department | 26 | | of Human Services who (i) is
employed at the Chester Mental |
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| 1 | | Health Center and has daily contact with the
residents | 2 | | thereof, (ii) is employed within a security unit at a | 3 | | facility
operated by the Department and has daily contact | 4 | | with the residents of the
security unit, (iii) is employed | 5 | | at a facility operated by the Department
that includes a | 6 | | security unit and is regularly scheduled to work at least
| 7 | | 50% of his or her working hours within that security unit, | 8 | | or (iv) is a mental health police officer.
"Mental health | 9 | | police officer" means any person employed by the Department | 10 | | of
Human Services in a position pertaining to the | 11 | | Department's mental health and
developmental disabilities | 12 | | functions who is vested with such law enforcement
duties as | 13 | | render the person ineligible for coverage under the Social | 14 | | Security
Act by reason of Sections 218(d)(5)(A), | 15 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 16 | | means that portion of a facility that is devoted to
the | 17 | | care, containment, and treatment of persons committed to | 18 | | the Department of
Human Services as sexually violent | 19 | | persons, persons unfit to stand trial, or
persons not | 20 | | guilty by reason of insanity. With respect to past | 21 | | employment,
references to the Department of Human Services | 22 | | include its predecessor, the
Department of Mental Health | 23 | | and Developmental Disabilities.
| 24 | | The changes made to this subdivision (c)(8) by Public | 25 | | Act 92-14 apply to persons who retire on or after January | 26 | | 1,
2001, notwithstanding Section 1-103.1.
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| 1 | | (9) "Central Management Services security police | 2 | | officer" means any
person employed by the Department of | 3 | | Central Management Services who is
vested with such law | 4 | | enforcement duties as render him ineligible for
coverage | 5 | | under the Social Security Act by reason of Sections | 6 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 7 | | (10) For a member who first became an employee under | 8 | | this Article before July 1, 2005, the term "security | 9 | | employee of the Department of Corrections or the Department | 10 | | of Juvenile Justice"
means any employee of the Department | 11 | | of Corrections or the Department of Juvenile Justice or the | 12 | | former
Department of Personnel, and any member or employee | 13 | | of the Prisoner
Review Board, who has daily contact with | 14 | | inmates or youth by working within a
correctional facility | 15 | | or Juvenile facility operated by the Department of Juvenile | 16 | | Justice or who is a parole officer or an employee who has
| 17 | | direct contact with committed persons in the performance of | 18 | | his or her
job duties. For a member who first becomes an | 19 | | employee under this Article on or after July 1, 2005, the | 20 | | term means an employee of the Department of Corrections or | 21 | | the Department of Juvenile Justice who is any of the | 22 | | following: (i) officially headquartered at a correctional | 23 | | facility or Juvenile facility operated by the Department of | 24 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 25 | | the apprehension unit, (iv) a member of the intelligence | 26 | | unit, (v) a member of the sort team, or (vi) an |
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| 1 | | investigator.
| 2 | | (11) The term "dangerous drugs investigator" means any | 3 | | person who is
employed as such by the Department of Human | 4 | | Services.
| 5 | | (12) The term "investigator for the Department of State | 6 | | Police" means
a person employed by the Department of State | 7 | | Police who is vested under
Section 4 of the Narcotic | 8 | | Control Division Abolition Act with such
law enforcement | 9 | | powers as render him ineligible for coverage under the
| 10 | | Social Security Act by reason of Sections 218(d)(5)(A), | 11 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 12 | | (13) "Investigator for the Office of the Attorney | 13 | | General" means any
person who is employed as such by the | 14 | | Office of the Attorney General and
is vested with such | 15 | | investigative duties as render him ineligible for
coverage | 16 | | under the Social Security Act by reason of Sections | 17 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 18 | | the period before January 1,
1989, the term includes all | 19 | | persons who were employed as investigators by the
Office of | 20 | | the Attorney General, without regard to social security | 21 | | status.
| 22 | | (14) "Controlled substance inspector" means any person | 23 | | who is employed
as such by the Department of Professional | 24 | | Regulation and is vested with such
law enforcement duties | 25 | | as render him ineligible for coverage under the Social
| 26 | | Security Act by reason of Sections 218(d)(5)(A), |
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| 1 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 2 | | "controlled substance inspector" includes the Program
| 3 | | Executive of Enforcement and the Assistant Program | 4 | | Executive of Enforcement.
| 5 | | (15) The term "investigator for the Office of the | 6 | | State's Attorneys
Appellate Prosecutor" means a person | 7 | | employed in that capacity on a full
time basis under the | 8 | | authority of Section 7.06 of the State's Attorneys
| 9 | | Appellate Prosecutor's Act.
| 10 | | (16) "Commerce Commission police officer" means any | 11 | | person employed
by the Illinois Commerce Commission who is | 12 | | vested with such law
enforcement duties as render him | 13 | | ineligible for coverage under the Social
Security Act by | 14 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 15 | | 218(l)(1) of that Act.
| 16 | | (17) "Arson investigator" means any person who is | 17 | | employed as such by
the Office of the State Fire Marshal | 18 | | and is vested with such law enforcement
duties as render | 19 | | the person ineligible for coverage under the Social | 20 | | Security
Act by reason of Sections 218(d)(5)(A), | 21 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 22 | | employed as an arson
investigator on January 1, 1995 and is | 23 | | no longer in service but not yet
receiving a retirement | 24 | | annuity may convert his or her creditable service for
| 25 | | employment as an arson investigator into eligible | 26 | | creditable service by paying
to the System the difference |
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| 1 | | between the employee contributions actually paid
for that | 2 | | service and the amounts that would have been contributed if | 3 | | the
applicant were contributing at the rate applicable to | 4 | | persons with the same
social security status earning | 5 | | eligible creditable service on the date of
application.
| 6 | | (18) The term "State highway maintenance worker" means | 7 | | a person who is
either of the following:
| 8 | | (i) A person employed on a full-time basis by the | 9 | | Illinois
Department of Transportation in the position | 10 | | of
highway maintainer,
highway maintenance lead | 11 | | worker,
highway maintenance lead/lead worker,
heavy | 12 | | construction equipment operator,
power shovel | 13 | | operator, or
bridge mechanic; and
whose principal | 14 | | responsibility is to perform, on the roadway, the | 15 | | actual
maintenance necessary to keep the highways that | 16 | | form a part of the State
highway system in serviceable | 17 | | condition for vehicular traffic.
| 18 | | (ii) A person employed on a full-time basis by the | 19 | | Illinois
State Toll Highway Authority in the position | 20 | | of
equipment operator/laborer H-4,
equipment | 21 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 22 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 23 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 24 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 25 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 26 | | painter H-4, or
painter H-6; and
whose principal |
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| 1 | | responsibility is to perform, on the roadway, the | 2 | | actual
maintenance necessary to keep the Authority's | 3 | | tollways in serviceable condition
for vehicular | 4 | | traffic.
| 5 | | (19) The term "security employee of the Department of | 6 | | Innovation and Technology" means a person who was a | 7 | | security employee of the Department of Corrections or the | 8 | | Department of Juvenile Justice, was transferred to the | 9 | | Department of Innovation and Technology pursuant to | 10 | | Executive Order 2016-01, and continues to perform similar | 11 | | job functions under that Department. | 12 | | (d) A security employee of the Department of Corrections or | 13 | | the Department of Juvenile Justice, and a security
employee of | 14 | | the Department of Human Services who is not a mental health | 15 | | police
officer, and a security employee of the Department of | 16 | | Innovation and Technology shall not be eligible for the | 17 | | alternative retirement annuity provided
by this Section unless | 18 | | he or she meets the following minimum age and service
| 19 | | requirements at the time of retirement:
| 20 | | (i) 25 years of eligible creditable service and age 55; | 21 | | or
| 22 | | (ii) beginning January 1, 1987, 25 years of eligible | 23 | | creditable service
and age 54, or 24 years of eligible | 24 | | creditable service and age 55; or
| 25 | | (iii) beginning January 1, 1988, 25 years of eligible | 26 | | creditable service
and age 53, or 23 years of eligible |
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| 1 | | creditable service and age 55; or
| 2 | | (iv) beginning January 1, 1989, 25 years of eligible | 3 | | creditable service
and age 52, or 22 years of eligible | 4 | | creditable service and age 55; or
| 5 | | (v) beginning January 1, 1990, 25 years of eligible | 6 | | creditable service
and age 51, or 21 years of eligible | 7 | | creditable service and age 55; or
| 8 | | (vi) beginning January 1, 1991, 25 years of eligible | 9 | | creditable service
and age 50, or 20 years of eligible | 10 | | creditable service and age 55.
| 11 | | Persons who have service credit under Article 16 of this | 12 | | Code for service
as a security employee of the Department of | 13 | | Corrections or the Department of Juvenile Justice, or the | 14 | | Department
of Human Services in a position requiring | 15 | | certification as a teacher may
count such service toward | 16 | | establishing their eligibility under the service
requirements | 17 | | of this Section; but such service may be used only for
| 18 | | establishing such eligibility, and not for the purpose of | 19 | | increasing or
calculating any benefit.
| 20 | | (e) If a member enters military service while working in a | 21 | | position in
which eligible creditable service may be earned, | 22 | | and returns to State
service in the same or another such | 23 | | position, and fulfills in all other
respects the conditions | 24 | | prescribed in this Article for credit for military
service, | 25 | | such military service shall be credited as eligible creditable
| 26 | | service for the purposes of the retirement annuity prescribed |
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| 1 | | in this Section.
| 2 | | (f) For purposes of calculating retirement annuities under | 3 | | this
Section, periods of service rendered after December 31, | 4 | | 1968 and before
October 1, 1975 as a covered employee in the | 5 | | position of special agent,
conservation police officer, mental | 6 | | health police officer, or investigator
for the Secretary of | 7 | | State, shall be deemed to have been service as a
noncovered | 8 | | employee, provided that the employee pays to the System prior | 9 | | to
retirement an amount equal to (1) the difference between the | 10 | | employee
contributions that would have been required for such | 11 | | service as a
noncovered employee, and the amount of employee | 12 | | contributions actually
paid, plus (2) if payment is made after | 13 | | July 31, 1987, regular interest
on the amount specified in item | 14 | | (1) from the date of service to the date
of payment.
| 15 | | For purposes of calculating retirement annuities under | 16 | | this Section,
periods of service rendered after December 31, | 17 | | 1968 and before January 1,
1982 as a covered employee in the | 18 | | position of investigator for the
Department of Revenue shall be | 19 | | deemed to have been service as a noncovered
employee, provided | 20 | | that the employee pays to the System prior to retirement
an | 21 | | amount equal to (1) the difference between the employee | 22 | | contributions
that would have been required for such service as | 23 | | a noncovered employee,
and the amount of employee contributions | 24 | | actually paid, plus (2) if payment
is made after January 1, | 25 | | 1990, regular interest on the amount specified in
item (1) from | 26 | | the date of service to the date of payment.
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| 1 | | (g) A State policeman may elect, not later than January 1, | 2 | | 1990, to
establish eligible creditable service for up to 10 | 3 | | years of his service as
a policeman under Article 3, by filing | 4 | | a written election with the Board,
accompanied by payment of an | 5 | | amount to be determined by the Board, equal to
(i) the | 6 | | difference between the amount of employee and employer
| 7 | | contributions transferred to the System under Section 3-110.5, | 8 | | and the
amounts that would have been contributed had such | 9 | | contributions been made
at the rates applicable to State | 10 | | policemen, plus (ii) interest thereon at
the effective rate for | 11 | | each year, compounded annually, from the date of
service to the | 12 | | date of payment.
| 13 | | Subject to the limitation in subsection (i), a State | 14 | | policeman may elect,
not later than July 1, 1993, to establish | 15 | | eligible creditable service for
up to 10 years of his service | 16 | | as a member of the County Police Department
under Article 9, by | 17 | | filing a written election with the Board, accompanied
by | 18 | | payment of an amount to be determined by the Board, equal to | 19 | | (i) the
difference between the amount of employee and employer | 20 | | contributions
transferred to the System under Section 9-121.10 | 21 | | and the amounts that would
have been contributed had those | 22 | | contributions been made at the rates
applicable to State | 23 | | policemen, plus (ii) interest thereon at the effective
rate for | 24 | | each year, compounded annually, from the date of service to the
| 25 | | date of payment.
| 26 | | (h) Subject to the limitation in subsection (i), a State |
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| 1 | | policeman or
investigator for the Secretary of State may elect | 2 | | to establish eligible
creditable service for up to 12 years of | 3 | | his service as a policeman under
Article 5, by filing a written | 4 | | election with the Board on or before January
31, 1992, and | 5 | | paying to the System by January 31, 1994 an amount to be
| 6 | | determined by the Board, equal to (i) the difference between | 7 | | the amount of
employee and employer contributions transferred | 8 | | to the System under Section
5-236, and the amounts that would | 9 | | have been contributed had such
contributions been made at the | 10 | | rates applicable to State policemen, plus
(ii) interest thereon | 11 | | at the effective rate for each year, compounded
annually, from | 12 | | the date of service to the date of payment.
| 13 | | Subject to the limitation in subsection (i), a State | 14 | | policeman,
conservation police officer, or investigator for | 15 | | the Secretary of State may
elect to establish eligible | 16 | | creditable service for up to 10 years of
service as a sheriff's | 17 | | law enforcement employee under Article 7, by filing
a written | 18 | | election with the Board on or before January 31, 1993, and | 19 | | paying
to the System by January 31, 1994 an amount to be | 20 | | determined by the Board,
equal to (i) the difference between | 21 | | the amount of employee and
employer contributions transferred | 22 | | to the System under Section
7-139.7, and the amounts that would | 23 | | have been contributed had such
contributions been made at the | 24 | | rates applicable to State policemen, plus
(ii) interest thereon | 25 | | at the effective rate for each year, compounded
annually, from | 26 | | the date of service to the date of payment.
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman,
conservation police officer, or investigator for | 3 | | the Secretary of State may
elect to establish eligible | 4 | | creditable service for up to 5 years of
service as a police | 5 | | officer under Article 3, a policeman under Article 5, a | 6 | | sheriff's law enforcement employee under Article 7, a member of | 7 | | the county police department under Article 9, or a police | 8 | | officer under Article 15 by filing
a written election with the | 9 | | Board and paying
to the System an amount to be determined by | 10 | | the Board,
equal to (i) the difference between the amount of | 11 | | employee and
employer contributions transferred to the System | 12 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 13 | | and the amounts that would have been contributed had such
| 14 | | contributions been made at the rates applicable to State | 15 | | policemen, plus
(ii) interest thereon at the effective rate for | 16 | | each year, compounded
annually, from the date of service to the | 17 | | date of payment. | 18 | | Subject to the limitation in subsection (i), an | 19 | | investigator for the Office of the Attorney General, or an | 20 | | investigator for the Department of Revenue, may elect to | 21 | | establish eligible creditable service for up to 5 years of | 22 | | service as a police officer under Article 3, a policeman under | 23 | | Article 5, a sheriff's law enforcement employee under Article | 24 | | 7, or a member of the county police department under Article 9 | 25 | | by filing a written election with the Board within 6 months | 26 | | after August 25, 2009 (the effective date of Public Act 96-745) |
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| 1 | | and paying to the System an amount to be determined by the | 2 | | Board, equal to (i) the difference between the amount of | 3 | | employee and employer contributions transferred to the System | 4 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 5 | | amounts that would have been contributed had such contributions | 6 | | been made at the rates applicable to State policemen, plus (ii) | 7 | | interest thereon at the actuarially assumed rate for each year, | 8 | | compounded annually, from the date of service to the date of | 9 | | payment. | 10 | | Subject to the limitation in subsection (i), a State | 11 | | policeman, conservation police officer, investigator for the | 12 | | Office of the Attorney General, an investigator for the | 13 | | Department of Revenue, or investigator for the Secretary of | 14 | | State may elect to establish eligible creditable service for up | 15 | | to 5 years of service as a person employed by a participating | 16 | | municipality to perform police duties, or law enforcement | 17 | | officer employed on a full-time basis by a forest preserve | 18 | | district under Article 7, a county corrections officer, or a | 19 | | court services officer under Article 9, by filing a written | 20 | | election with the Board within 6 months after August 25, 2009 | 21 | | (the effective date of Public Act 96-745) and paying to the | 22 | | System an amount to be determined by the Board, equal to (i) | 23 | | the difference between the amount of employee and employer | 24 | | contributions transferred to the System under Sections 7-139.8 | 25 | | and 9-121.10 and the amounts that would have been contributed | 26 | | had such contributions been made at the rates applicable to |
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| 1 | | State policemen, plus (ii) interest thereon at the actuarially | 2 | | assumed rate for each year, compounded annually, from the date | 3 | | of service to the date of payment. | 4 | | (i) The total amount of eligible creditable service | 5 | | established by any
person under subsections (g), (h), (j), (k), | 6 | | and (l) of this
Section shall not exceed 12 years.
| 7 | | (j) Subject to the limitation in subsection (i), an | 8 | | investigator for
the Office of the State's Attorneys Appellate | 9 | | Prosecutor or a controlled
substance inspector may elect to
| 10 | | establish eligible creditable service for up to 10 years of his | 11 | | service as
a policeman under Article 3 or a sheriff's law | 12 | | enforcement employee under
Article 7, by filing a written | 13 | | election with the Board, accompanied by
payment of an amount to | 14 | | be determined by the Board, equal to (1) the
difference between | 15 | | the amount of employee and employer contributions
transferred | 16 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 17 | | that would have been contributed had such contributions been | 18 | | made at the
rates applicable to State policemen, plus (2) | 19 | | interest thereon at the
effective rate for each year, | 20 | | compounded annually, from the date of service
to the date of | 21 | | payment.
| 22 | | (k) Subject to the limitation in subsection (i) of this | 23 | | Section, an
alternative formula employee may elect to establish | 24 | | eligible creditable
service for periods spent as a full-time | 25 | | law enforcement officer or full-time
corrections officer | 26 | | employed by the federal government or by a state or local
|
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| 1 | | government located outside of Illinois, for which credit is not | 2 | | held in any
other public employee pension fund or retirement | 3 | | system. To obtain this
credit, the applicant must file a | 4 | | written application with the Board by March
31, 1998, | 5 | | accompanied by evidence of eligibility acceptable to the Board | 6 | | and
payment of an amount to be determined by the Board, equal | 7 | | to (1) employee
contributions for the credit being established, | 8 | | based upon the applicant's
salary on the first day as an | 9 | | alternative formula employee after the employment
for which | 10 | | credit is being established and the rates then applicable to
| 11 | | alternative formula employees, plus (2) an amount determined by | 12 | | the Board
to be the employer's normal cost of the benefits | 13 | | accrued for the credit being
established, plus (3) regular | 14 | | interest on the amounts in items (1) and (2) from
the first day | 15 | | as an alternative formula employee after the employment for | 16 | | which
credit is being established to the date of payment.
| 17 | | (l) Subject to the limitation in subsection (i), a security | 18 | | employee of
the Department of Corrections may elect, not later | 19 | | than July 1, 1998, to
establish eligible creditable service for | 20 | | up to 10 years of his or her service
as a policeman under | 21 | | Article 3, by filing a written election with the Board,
| 22 | | accompanied by payment of an amount to be determined by the | 23 | | Board, equal to
(i) the difference between the amount of | 24 | | employee and employer contributions
transferred to the System | 25 | | under Section 3-110.5, and the amounts that would
have been | 26 | | contributed had such contributions been made at the rates |
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| 1 | | applicable
to security employees of the Department of | 2 | | Corrections, plus (ii) interest
thereon at the effective rate | 3 | | for each year, compounded annually, from the date
of service to | 4 | | the date of payment.
| 5 | | (m) The amendatory changes to this Section made by this | 6 | | amendatory Act of the 94th General Assembly apply only to: (1) | 7 | | security employees of the Department of Juvenile Justice | 8 | | employed by the Department of Corrections before the effective | 9 | | date of this amendatory Act of the 94th General Assembly and | 10 | | transferred to the Department of Juvenile Justice by this | 11 | | amendatory Act of the 94th General Assembly; and (2) persons | 12 | | employed by the Department of Juvenile Justice on or after the | 13 | | effective date of this amendatory Act of the 94th General | 14 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 15 | | of the Unified Code of Corrections to have a bachelor's or | 16 | | advanced degree from an accredited college or university with a | 17 | | specialization in criminal justice, education, psychology, | 18 | | social work, or a closely related social science or, in the | 19 | | case of persons who provide vocational training, who are | 20 | | required to have adequate knowledge in the skill for which they | 21 | | are providing the vocational training.
| 22 | | (n) A person employed in a position under subsection (b) of | 23 | | this Section who has purchased service credit under subsection | 24 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 25 | | any other capacity under this Article may convert up to 5 years | 26 | | of that service credit into service credit covered under this |
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| 1 | | Section by paying to the Fund an amount equal to (1) the | 2 | | additional employee contribution required under Section | 3 | | 14-133, plus (2) the additional employer contribution required | 4 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 5 | | the actuarially assumed rate from the date of the service to | 6 | | the date of payment. | 7 | | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | 8 | | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. | 9 | | 7-2-10.)
| 10 | | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
| 11 | | Sec. 15-106. Employer. "Employer": The University of | 12 | | Illinois, Southern
Illinois University, Chicago State | 13 | | University, Eastern Illinois University,
Governors State | 14 | | University, Illinois State University, Northeastern Illinois
| 15 | | University, Northern Illinois University, Western Illinois | 16 | | University, the
State Board of Higher Education, the Illinois | 17 | | Mathematics and Science Academy,
the University Civil Service | 18 | | Merit Board, the Board of
Trustees of the State Universities | 19 | | Retirement System, the Illinois Community
College Board, | 20 | | community college
boards, any association of community college | 21 | | boards organized under Section
3-55 of the Public Community | 22 | | College Act, the Board of Examiners established
under the | 23 | | Illinois Public Accounting Act, and, only during the period for | 24 | | which
employer contributions required under Section 15-155 are | 25 | | paid, the following
organizations: the alumni associations, |
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| 1 | | the foundations and the athletic
associations which are | 2 | | affiliated with the universities and colleges included
in this | 3 | | Section as employers. An individual who begins employment on or | 4 | | after the effective date of this amendatory Act of the 99th | 5 | | General Assembly with any association of community college | 6 | | boards organized under Section 3-55 of the Public Community | 7 | | College Act, the Association of Illinois Middle-Grade Schools, | 8 | | the Illinois Association of School Administrators, the | 9 | | Illinois Association for Supervision and Curriculum | 10 | | Development, the Illinois Principals Association, the Illinois | 11 | | Association of School Business Officials, the Illinois Special | 12 | | Olympics, or an entity not defined as an employer in this | 13 | | Section shall not be deemed an employee for the purposes of | 14 | | this Article with respect to that employment and shall not be | 15 | | eligible to participate in the System with respect to that | 16 | | employment; provided, however, that those individuals who are | 17 | | both employed by such an entity and are participating in the | 18 | | System with respect to that employment on the effective date of | 19 | | this amendatory Act of the 99th General Assembly shall be | 20 | | allowed to continue as participants in the System for the | 21 | | duration of that employment. | 22 | | A department as defined in Section 14-103.04 is
an employer | 23 | | for any person appointed by the Governor under the Civil
| 24 | | Administrative Code of Illinois who is a participating employee | 25 | | as defined in
Section 15-109. The Department of Central | 26 | | Management Services is an employer with respect to persons |
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| 1 | | employed by the State Board of Higher Education in positions | 2 | | with the Illinois Century Network as of June 30, 2004 who | 3 | | remain continuously employed after that date by the Department | 4 | | of Central Management Services in positions with the Illinois | 5 | | Century Network, the Bureau of Communication and Computer | 6 | | Services, or, if applicable, any successor bureau or the | 7 | | Department of Innovation and Technology .
| 8 | | The cities of Champaign and Urbana shall be considered
| 9 | | employers, but only during the period for which contributions | 10 | | are required to
be made under subsection (b-1) of Section | 11 | | 15-155 and only with respect to
individuals described in | 12 | | subsection (h) of Section 15-107.
| 13 | | (Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17 .)
| 14 | | Section 955. The Illinois Insurance Code is amended by | 15 | | changing Sections 408, 408.2, 1202, and 1206 as follows:
| 16 | | (215 ILCS 5/408) (from Ch. 73, par. 1020)
| 17 | | Sec. 408. Fees and charges.
| 18 | | (1) The Director shall charge, collect and
give proper | 19 | | acquittances for the payment of the following fees and charges:
| 20 | | (a) For filing all documents submitted for the | 21 | | incorporation or
organization or certification of a | 22 | | domestic company, except for a fraternal
benefit society, | 23 | | $2,000.
| 24 | | (b) For filing all documents submitted for the |
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| 1 | | incorporation or
organization of a fraternal benefit | 2 | | society, $500.
| 3 | | (c) For filing amendments to articles of incorporation | 4 | | and amendments to
declaration of organization, except for a | 5 | | fraternal benefit society, a
mutual benefit association, a | 6 | | burial society or a farm mutual, $200.
| 7 | | (d) For filing amendments to articles of incorporation | 8 | | of a fraternal
benefit society, a mutual benefit | 9 | | association or a burial society, $100.
| 10 | | (e) For filing amendments to articles of incorporation | 11 | | of a farm mutual,
$50.
| 12 | | (f) For filing bylaws or amendments thereto, $50.
| 13 | | (g) For filing agreement of merger or consolidation:
| 14 | | (i) for a domestic company, except
for a fraternal | 15 | | benefit society, a
mutual benefit association, a | 16 | | burial society,
or a farm mutual, $2,000.
| 17 | | (ii) for a foreign or
alien company, except for a | 18 | | fraternal
benefit society, $600.
| 19 | | (iii) for a fraternal benefit society,
a mutual | 20 | | benefit association, a burial society,
or a farm | 21 | | mutual, $200.
| 22 | | (h) For filing agreements of reinsurance by a domestic | 23 | | company, $200.
| 24 | | (i) For filing all documents submitted by a foreign or | 25 | | alien
company to be admitted to transact business or | 26 | | accredited as a
reinsurer in this State, except for a
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| 1 | | fraternal benefit society, $5,000.
| 2 | | (j) For filing all documents submitted by a foreign or | 3 | | alien
fraternal benefit society to be admitted to transact | 4 | | business
in this State, $500.
| 5 | | (k) For filing declaration of withdrawal of a foreign | 6 | | or
alien company, $50.
| 7 | | (l) For filing annual statement by a domestic company, | 8 | | except a fraternal benefit
society, a mutual benefit | 9 | | association, a burial society, or
a farm mutual, $200.
| 10 | | (m) For filing annual statement by a domestic fraternal | 11 | | benefit
society, $100.
| 12 | | (n) For filing annual statement by a farm mutual, a | 13 | | mutual benefit
association, or a burial society, $50.
| 14 | | (o) For issuing a certificate of authority or
renewal | 15 | | thereof except to a foreign fraternal benefit society, | 16 | | $400.
| 17 | | (p) For issuing a certificate of authority or renewal | 18 | | thereof to a foreign
fraternal benefit society, $200.
| 19 | | (q) For issuing an amended certificate of authority, | 20 | | $50.
| 21 | | (r) For each certified copy of certificate of | 22 | | authority, $20.
| 23 | | (s) For each certificate of deposit, or valuation, or | 24 | | compliance
or surety certificate, $20.
| 25 | | (t) For copies of papers or records per page, $1.
| 26 | | (u) For each certification to copies
of papers or |
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| 1 | | records, $10.
| 2 | | (v) For multiple copies of documents or certificates | 3 | | listed in
subparagraphs (r), (s), and (u) of paragraph (1) | 4 | | of this Section, $10 for
the first copy of a certificate of | 5 | | any type and $5 for each additional copy
of the same | 6 | | certificate requested at the same time, unless, pursuant to
| 7 | | paragraph (2) of this Section, the Director finds these | 8 | | additional fees
excessive.
| 9 | | (w) For issuing a permit to sell shares or increase | 10 | | paid-up
capital:
| 11 | | (i) in connection with a public stock offering, | 12 | | $300;
| 13 | | (ii) in any other case, $100.
| 14 | | (x) For issuing any other certificate required or | 15 | | permissible
under the law, $50.
| 16 | | (y) For filing a plan of exchange of the stock of a | 17 | | domestic
stock insurance company, a plan of | 18 | | demutualization of a domestic
mutual company, or a plan of | 19 | | reorganization under Article XII, $2,000.
| 20 | | (z) For filing a statement of acquisition of a
domestic | 21 | | company as defined in Section 131.4 of this Code, $2,000.
| 22 | | (aa) For filing an agreement to purchase the business | 23 | | of an
organization authorized under the Dental Service Plan | 24 | | Act
or the Voluntary Health Services Plans Act or
of a | 25 | | health maintenance
organization or a limited health | 26 | | service organization, $2,000.
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| 1 | | (bb) For filing a statement of acquisition of a foreign | 2 | | or alien
insurance company as defined in Section 131.12a of | 3 | | this Code, $1,000.
| 4 | | (cc) For filing a registration statement as required in | 5 | | Sections 131.13
and 131.14, the notification as required by | 6 | | Sections 131.16,
131.20a, or 141.4, or an
agreement or | 7 | | transaction required by Sections 124.2(2), 141, 141a, or
| 8 | | 141.1, $200.
| 9 | | (dd) For filing an application for licensing of:
| 10 | | (i) a religious or charitable risk pooling trust or | 11 | | a workers'
compensation pool, $1,000;
| 12 | | (ii) a workers' compensation service company, | 13 | | $500;
| 14 | | (iii) a self-insured automobile fleet, $200; or
| 15 | | (iv) a renewal of or amendment of any license | 16 | | issued pursuant to (i),
(ii), or (iii) above, $100.
| 17 | | (ee) For filing articles of incorporation for a | 18 | | syndicate to engage in
the business of insurance through | 19 | | the Illinois Insurance Exchange, $2,000.
| 20 | | (ff) For filing amended articles of incorporation for a | 21 | | syndicate engaged
in the business of insurance through the | 22 | | Illinois Insurance Exchange, $100.
| 23 | | (gg) For filing articles of incorporation for a limited | 24 | | syndicate to
join with other subscribers or limited | 25 | | syndicates to do business through
the Illinois Insurance | 26 | | Exchange, $1,000.
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| 1 | | (hh) For filing amended articles of incorporation for a | 2 | | limited
syndicate to do business through the Illinois | 3 | | Insurance Exchange, $100.
| 4 | | (ii) For a permit to solicit subscriptions to a | 5 | | syndicate
or limited syndicate, $100.
| 6 | | (jj) For the filing of each form as required in Section | 7 | | 143 of this
Code, $50 per form. The fee for advisory and | 8 | | rating
organizations shall be $200 per form.
| 9 | | (i) For the purposes of the form filing fee, | 10 | | filings made on insert page
basis will be considered | 11 | | one form at the time of its original submission.
| 12 | | Changes made to a form subsequent to its approval shall | 13 | | be considered a
new filing.
| 14 | | (ii) Only one fee shall be charged for a form, | 15 | | regardless of the number
of other forms or policies | 16 | | with which it will be used.
| 17 | | (iii) Fees charged for a policy filed as it will be | 18 | | issued regardless of the number of forms comprising | 19 | | that policy shall not exceed $1,500. For advisory or | 20 | | rating organizations, fees charged for a policy filed | 21 | | as it will be issued regardless of the number of forms | 22 | | comprising that policy shall not exceed $2,500.
| 23 | | (iv) The Director may by rule exempt forms from | 24 | | such fees.
| 25 | | (kk) For filing an application for licensing of a | 26 | | reinsurance
intermediary, $500.
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| 1 | | (ll) For filing an application for renewal of a license | 2 | | of a reinsurance
intermediary, $200.
| 3 | | (2) When printed copies or numerous copies of the same | 4 | | paper or records
are furnished or certified, the Director may | 5 | | reduce such fees for copies
if he finds them excessive. He may, | 6 | | when he considers it in the public
interest, furnish without | 7 | | charge to state insurance departments and persons
other than | 8 | | companies, copies or certified copies of reports of | 9 | | examinations
and of other papers and records.
| 10 | | (3) The expenses incurred in any performance
examination | 11 | | authorized by law shall be paid by the company or person being
| 12 | | examined. The charge shall be reasonably related to the cost of | 13 | | the
examination including but not limited to compensation of | 14 | | examiners,
electronic data processing costs, supervision and | 15 | | preparation of an
examination report and lodging and travel | 16 | | expenses.
All lodging and travel expenses shall be in accord
| 17 | | with the applicable travel regulations as published by the | 18 | | Department of
Central Management Services and approved by the | 19 | | Governor's Travel Control
Board, except that out-of-state | 20 | | lodging and travel expenses related to
examinations authorized | 21 | | under Section 132 shall be in accordance with
travel rates | 22 | | prescribed under paragraph 301-7.2 of the Federal Travel
| 23 | | Regulations, 41 C.F.R. 301-7.2, for reimbursement of | 24 | | subsistence expenses
incurred during official travel. All | 25 | | lodging and travel expenses may be reimbursed directly upon | 26 | | authorization of the
Director. With the exception of the
direct |
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| 1 | | reimbursements authorized by the
Director, all performance | 2 | | examination charges collected by the
Department shall be paid
| 3 | | to the Insurance Producer Administration Fund,
however, the | 4 | | electronic data processing costs
incurred by the Department in | 5 | | the performance of any examination shall be
billed directly to | 6 | | the company being examined for payment to the
Technology | 7 | | Management Statistical Services Revolving Fund.
| 8 | | (4) At the time of any service of process on the Director
| 9 | | as attorney for such service, the Director shall charge and | 10 | | collect the
sum of $20, which may be recovered as taxable costs | 11 | | by
the party to the suit or action causing such service to be | 12 | | made if he prevails
in such suit or action.
| 13 | | (5) (a) The costs incurred by the Department of Insurance
| 14 | | in conducting any hearing authorized by law shall be assessed | 15 | | against the
parties to the hearing in such proportion as the | 16 | | Director of Insurance may
determine upon consideration of all | 17 | | relevant circumstances including: (1)
the nature of the | 18 | | hearing; (2) whether the hearing was instigated by, or
for the | 19 | | benefit of a particular party or parties; (3) whether there is | 20 | | a
successful party on the merits of the proceeding; and (4) the | 21 | | relative levels
of participation by the parties.
| 22 | | (b) For purposes of this subsection (5) costs incurred | 23 | | shall
mean the hearing officer fees, court reporter fees, and | 24 | | travel expenses
of Department of Insurance officers and | 25 | | employees; provided however, that
costs incurred shall not | 26 | | include hearing officer fees or court reporter
fees unless the |
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| 1 | | Department has retained the services of independent
| 2 | | contractors or outside experts to perform such functions.
| 3 | | (c) The Director shall make the assessment of costs | 4 | | incurred as part of
the final order or decision arising out of | 5 | | the proceeding; provided, however,
that such order or decision | 6 | | shall include findings and conclusions in support
of the | 7 | | assessment of costs. This subsection (5) shall not be construed | 8 | | as
permitting the payment of travel expenses unless calculated | 9 | | in accordance
with the applicable travel regulations of the | 10 | | Department
of Central Management Services, as approved by the | 11 | | Governor's Travel Control
Board. The Director as part of such | 12 | | order or decision shall require all
assessments for hearing | 13 | | officer fees and court reporter fees, if any, to
be paid | 14 | | directly to the hearing officer or court reporter by the | 15 | | party(s)
assessed for such costs. The assessments for travel | 16 | | expenses of Department
officers and employees shall be | 17 | | reimbursable to the
Director of Insurance for
deposit to the | 18 | | fund out of which those expenses had been paid.
| 19 | | (d) The provisions of this subsection (5) shall apply in | 20 | | the case of any
hearing conducted by the Director of Insurance | 21 | | not otherwise specifically
provided for by law.
| 22 | | (6) The Director shall charge and collect an annual | 23 | | financial
regulation fee from every domestic company for | 24 | | examination and analysis of
its financial condition and to fund | 25 | | the internal costs and expenses of the
Interstate Insurance | 26 | | Receivership Commission as may be allocated to the State
of |
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| 1 | | Illinois and companies doing an insurance business in this | 2 | | State pursuant to
Article X of the Interstate Insurance | 3 | | Receivership Compact. The fee shall be
the greater fixed amount | 4 | | based upon
the combination of nationwide direct premium income | 5 | | and
nationwide reinsurance
assumed premium
income or upon | 6 | | admitted assets calculated under this subsection as follows:
| 7 | | (a) Combination of nationwide direct premium income | 8 | | and
nationwide reinsurance assumed premium.
| 9 | | (i) $150, if the premium is less than $500,000 and | 10 | | there is
no
reinsurance assumed premium;
| 11 | | (ii) $750, if the premium is $500,000 or more, but | 12 | | less
than $5,000,000
and there is no reinsurance | 13 | | assumed premium; or if the premium is less than
| 14 | | $5,000,000 and the reinsurance assumed premium is less | 15 | | than $10,000,000;
| 16 | | (iii) $3,750, if the premium is less than | 17 | | $5,000,000 and
the reinsurance
assumed premium is | 18 | | $10,000,000 or more;
| 19 | | (iv) $7,500, if the premium is $5,000,000 or more, | 20 | | but
less than
$10,000,000;
| 21 | | (v) $18,000, if the premium is $10,000,000 or more, | 22 | | but
less than $25,000,000;
| 23 | | (vi) $22,500, if the premium is $25,000,000 or | 24 | | more, but
less
than $50,000,000;
| 25 | | (vii) $30,000, if the premium is $50,000,000 or | 26 | | more,
but less than $100,000,000;
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| 1 | | (viii) $37,500, if the premium is $100,000,000 or | 2 | | more.
| 3 | | (b) Admitted assets.
| 4 | | (i) $150, if admitted assets are less than | 5 | | $1,000,000;
| 6 | | (ii) $750, if admitted assets are $1,000,000 or | 7 | | more, but
less than
$5,000,000;
| 8 | | (iii) $3,750, if admitted assets are $5,000,000 or | 9 | | more,
but less than
$25,000,000;
| 10 | | (iv) $7,500, if admitted assets are $25,000,000 or | 11 | | more,
but less than
$50,000,000;
| 12 | | (v) $18,000, if admitted assets are $50,000,000 or | 13 | | more,
but less than
$100,000,000;
| 14 | | (vi) $22,500, if admitted assets are $100,000,000 | 15 | | or
more, but less
than $500,000,000;
| 16 | | (vii) $30,000, if admitted assets are $500,000,000 | 17 | | or
more, but less
than $1,000,000,000;
| 18 | | (viii) $37,500, if admitted assets are | 19 | | $1,000,000,000
or more.
| 20 | | (c) The sum of financial regulation fees charged to the | 21 | | domestic
companies of the same affiliated group shall not | 22 | | exceed $250,000
in the aggregate in any single year and | 23 | | shall be billed by the Director to
the member company | 24 | | designated by the
group.
| 25 | | (7) The Director shall charge and collect an annual | 26 | | financial regulation
fee from every foreign or alien company, |
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| 1 | | except fraternal benefit
societies, for the
examination and | 2 | | analysis of its financial condition and to fund the internal
| 3 | | costs and expenses of the Interstate Insurance Receivership | 4 | | Commission as may
be allocated to the State of Illinois and | 5 | | companies doing an insurance business
in this State pursuant to | 6 | | Article X of the Interstate Insurance Receivership
Compact.
The | 7 | | fee shall be a fixed amount based upon Illinois direct premium | 8 | | income
and nationwide reinsurance assumed premium income in | 9 | | accordance with the
following schedule:
| 10 | | (a) $150, if the premium is less than $500,000 and | 11 | | there is
no
reinsurance assumed premium;
| 12 | | (b) $750, if the premium is $500,000 or more, but less | 13 | | than
$5,000,000
and there is no reinsurance assumed | 14 | | premium;
or if the premium is less than $5,000,000 and the | 15 | | reinsurance assumed
premium is less than $10,000,000;
| 16 | | (c) $3,750, if the premium is less than $5,000,000 and | 17 | | the
reinsurance
assumed premium is $10,000,000 or more;
| 18 | | (d) $7,500, if the premium is $5,000,000 or more, but | 19 | | less
than
$10,000,000;
| 20 | | (e) $18,000, if the premium is $10,000,000 or more, but
| 21 | | less than
$25,000,000;
| 22 | | (f) $22,500, if the premium is $25,000,000 or more, but
| 23 | | less than
$50,000,000;
| 24 | | (g) $30,000, if the premium is $50,000,000 or more, but
| 25 | | less than
$100,000,000;
| 26 | | (h) $37,500, if the premium is $100,000,000 or more.
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| 1 | | The sum of financial regulation fees under this subsection | 2 | | (7)
charged to the foreign or alien companies within the same | 3 | | affiliated group
shall not exceed $250,000 in the aggregate in | 4 | | any single year
and shall be
billed by the Director to the | 5 | | member company designated by the group.
| 6 | | (8) Beginning January 1, 1992, the financial regulation | 7 | | fees imposed
under subsections (6) and (7)
of this Section | 8 | | shall be paid by each company or domestic affiliated group
| 9 | | annually. After January
1, 1994, the fee shall be billed by | 10 | | Department invoice
based upon the company's
premium income or | 11 | | admitted assets as shown in its annual statement for the
| 12 | | preceding calendar year. The invoice is due upon
receipt and | 13 | | must be paid no later than June 30 of each calendar year. All
| 14 | | financial
regulation fees collected by the Department shall be | 15 | | paid to the Insurance
Financial Regulation Fund. The Department | 16 | | may not collect financial
examiner per diem charges from | 17 | | companies subject to subsections (6) and (7)
of this Section | 18 | | undergoing financial examination
after June 30, 1992.
| 19 | | (9) In addition to the financial regulation fee required by | 20 | | this
Section, a company undergoing any financial examination | 21 | | authorized by law
shall pay the following costs and expenses | 22 | | incurred by the Department:
electronic data processing costs, | 23 | | the expenses authorized under Section 131.21
and
subsection (d) | 24 | | of Section 132.4 of this Code, and lodging and travel expenses.
| 25 | | Electronic data processing costs incurred by the | 26 | | Department in the
performance of any examination shall be |
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| 1 | | billed directly to the company
undergoing examination for | 2 | | payment to the Technology Management Statistical Services | 3 | | Revolving
Fund. Except for direct reimbursements authorized by | 4 | | the Director or
direct payments made under Section 131.21 or | 5 | | subsection (d) of Section
132.4 of this Code, all financial | 6 | | regulation fees and all financial
examination charges | 7 | | collected by the Department shall be paid to the
Insurance | 8 | | Financial Regulation Fund.
| 9 | | All lodging and travel expenses shall be in accordance with | 10 | | applicable
travel regulations published by the Department of | 11 | | Central Management
Services and approved by the Governor's | 12 | | Travel Control Board, except that
out-of-state lodging and | 13 | | travel expenses related to examinations authorized
under | 14 | | Sections 132.1 through 132.7 shall be in accordance
with travel | 15 | | rates prescribed
under paragraph 301-7.2 of the Federal Travel | 16 | | Regulations, 41 C.F.R. 301-7.2,
for reimbursement of | 17 | | subsistence expenses incurred during official travel.
All | 18 | | lodging and travel expenses may be
reimbursed directly upon the | 19 | | authorization of the Director.
| 20 | | In the case of an organization or person not subject to the | 21 | | financial
regulation fee, the expenses incurred in any | 22 | | financial examination authorized
by law shall be paid by the | 23 | | organization or person being examined. The charge
shall be | 24 | | reasonably related to the cost of the examination including, | 25 | | but not
limited to, compensation of examiners and other costs | 26 | | described in this
subsection.
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| 1 | | (10) Any company, person, or entity failing to make any | 2 | | payment of $150
or more as required under this Section shall be | 3 | | subject to the penalty and
interest provisions provided for in | 4 | | subsections (4) and (7)
of Section 412.
| 5 | | (11) Unless otherwise specified, all of the fees collected | 6 | | under this
Section shall be paid into the Insurance Financial | 7 | | Regulation Fund.
| 8 | | (12) For purposes of this Section:
| 9 | | (a) "Domestic company" means a company as defined in | 10 | | Section 2 of this
Code which is incorporated or organized | 11 | | under the laws of this State, and in
addition includes a | 12 | | not-for-profit corporation authorized under the Dental
| 13 | | Service Plan Act or the Voluntary Health
Services Plans | 14 | | Act, a health maintenance organization, and a
limited
| 15 | | health service organization.
| 16 | | (b) "Foreign company" means a company as defined in | 17 | | Section 2 of this
Code which is incorporated or organized | 18 | | under the laws of any state of the
United States other than | 19 | | this State and in addition includes a health
maintenance | 20 | | organization and a limited health service organization | 21 | | which is
incorporated or organized under the laws
of any | 22 | | state of the United States other than this State.
| 23 | | (c) "Alien company" means a company as defined in | 24 | | Section 2 of this Code
which is incorporated or organized | 25 | | under the laws of any country other than
the United States.
| 26 | | (d) "Fraternal benefit society" means a corporation, |
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|
| 1 | | society, order,
lodge or voluntary association as defined | 2 | | in Section 282.1 of this
Code.
| 3 | | (e) "Mutual benefit association" means a company, | 4 | | association or
corporation authorized by the Director to do | 5 | | business in this State under
the provisions of Article | 6 | | XVIII of this Code.
| 7 | | (f) "Burial society" means a person, firm, | 8 | | corporation, society or
association of individuals | 9 | | authorized by the Director to do business in
this State | 10 | | under the provisions of Article XIX of this Code.
| 11 | | (g) "Farm mutual" means a district, county and township | 12 | | mutual insurance
company authorized by the Director to do | 13 | | business in this State under the
provisions of the Farm | 14 | | Mutual Insurance Company Act of 1986.
| 15 | | (Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11; | 16 | | 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
| 17 | | (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
| 18 | | Sec. 408.2. Statistical Services. Any public record, or any | 19 | | data obtained
by the Department of Insurance, which is subject | 20 | | to public inspection or
copying and which is maintained on a | 21 | | computer processible medium, may be
furnished in a computer | 22 | | processed or computer processible medium upon the
written | 23 | | request of any applicant and the payment of a reasonable fee
| 24 | | established by the Director sufficient to cover the total cost | 25 | | of the
Department for processing, maintaining and generating |
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| 1 | | such computer
processible records or data, except to the extent | 2 | | of any salaries or
compensation of Department officers or | 3 | | employees.
| 4 | | The Director of Insurance is specifically authorized to | 5 | | contract with
members of the public at large, enter waiver | 6 | | agreements, or otherwise enter
written agreements for the | 7 | | purpose of assuring public access to the
Department's computer | 8 | | processible records or data, or for the purpose of
restricting, | 9 | | controlling or limiting such access where necessary to protect
| 10 | | the confidentiality of individuals, companies or other | 11 | | entities identified
by such documents.
| 12 | | All fees collected by the Director under this Section 408.2 | 13 | | shall be
deposited in the Technology Management Statistical | 14 | | Services Revolving Fund and credited to the
account of the | 15 | | Department of Insurance. Any surplus funds remaining in
such | 16 | | account at the close of any fiscal year shall be delivered to | 17 | | the
State Treasurer for deposit in the Insurance Financial | 18 | | Regulation Fund.
| 19 | | (Source: P.A. 84-989.)
| 20 | | (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
| 21 | | Sec. 1202. Duties. The Director shall:
| 22 | | (a) determine the relationship of insurance premiums | 23 | | and related income
as compared to insurance costs and | 24 | | expenses and provide such information to
the General | 25 | | Assembly and the general public;
|
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| 1 | | (b) study the insurance system in the State of | 2 | | Illinois, and recommend
to the General Assembly what it | 3 | | deems to be the most appropriate and
comprehensive cost | 4 | | containment system for the State;
| 5 | | (c) respond to the requests by agencies of government | 6 | | and the General
Assembly for special studies and analysis | 7 | | of data collected pursuant to
this Article. Such reports | 8 | | shall be made available in a form prescribed by
the | 9 | | Director. The Director may also determine a fee to be | 10 | | charged to the
requesting agency to cover the direct and | 11 | | indirect costs for producing such
a report, and shall | 12 | | permit affected insurers the right to review the
accuracy | 13 | | of the report before it is released. The fees shall
be | 14 | | deposited
into the Technology Management Statistical | 15 | | Services Revolving Fund and credited to the account
of the | 16 | | Department of Insurance;
| 17 | | (d) make an interim report to the General Assembly no | 18 | | later than August
15, 1987, and an annual report to the | 19 | | General Assembly no later than July 1
every year thereafter | 20 | | which shall include the Director's findings and
| 21 | | recommendations regarding its duties as provided under | 22 | | subsections (a),
(b), and (c) of this Section.
| 23 | | (Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
| 24 | | (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
| 25 | | Sec. 1206. Expenses. The companies required to file reports |
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| 1 | | under this
Article shall pay a reasonable fee established by | 2 | | the Director sufficient
to cover the total cost of the | 3 | | Department incident to or associated
with the administration | 4 | | and enforcement of this Article, including the
collection, | 5 | | analysis and distribution of the insurance cost data, the
| 6 | | conversion of hard copy reports to tape, and the compilation | 7 | | and
analysis of basic reports.
The Director may establish a | 8 | | schedule of fees for this purpose.
Expenses for additional | 9 | | reports shall be billed
to those requesting the reports. Any | 10 | | such fees collected under this Section
shall be paid to the | 11 | | Director of Insurance and deposited into the
Technology | 12 | | Management Statistical Services Revolving Fund and credited to | 13 | | the account of the
Department of Insurance.
| 14 | | (Source: P.A. 84-1431.)
| 15 | | Section 960. The Hydraulic Fracturing Regulatory Act is | 16 | | amended by changing Section 1-110 as follows: | 17 | | (225 ILCS 732/1-110)
| 18 | | Sec. 1-110. Public information; website. | 19 | | (a) All information submitted to the Department under this | 20 | | Act is deemed public information, except information deemed to | 21 | | constitute a trade secret under Section 1-77 of this Act and | 22 | | private information and personal information as defined in the | 23 | | Freedom of Information Act. | 24 | | (b) To provide the public and concerned citizens with a |
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| 1 | | centralized repository of information, the Department , in | 2 | | consultation with the Department of Innovation and Technology, | 3 | | shall create and maintain a comprehensive website dedicated to | 4 | | providing information concerning high volume horizontal | 5 | | hydraulic fracturing operations. The website shall contain, | 6 | | assemble, and link the documents and information required by | 7 | | this Act to be posted on the Department's or other agencies' | 8 | | websites. The Department of Innovation and Technology, on | 9 | | behalf of the Department, shall also create and maintain an | 10 | | online searchable database that provides information related | 11 | | to high volume horizontal hydraulic fracturing operations on | 12 | | wells that, at a minimum, includes, for each well it permits, | 13 | | the identity of its operators, its waste disposal, its chemical | 14 | | disclosure information, and any complaints or violations under | 15 | | this Act. The website created under this Section shall allow | 16 | | users to search for completion reports by well name and | 17 | | location, dates of fracturing and drilling operations, | 18 | | operator, and by chemical additives.
| 19 | | (Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.) | 20 | | Section 965. The Illinois Public Aid Code is amended by | 21 | | changing Section 12-10.10 as follows: | 22 | | (305 ILCS 5/12-10.10) | 23 | | Sec. 12-10.10. DHS Technology Initiative Fund. | 24 | | (a) The DHS Technology Initiative Fund is hereby created as |
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| 1 | | a trust fund within the State treasury with the State Treasurer | 2 | | as the ex-officio custodian of the Fund. | 3 | | (b) The Department of Human Services may accept and receive | 4 | | grants, awards, gifts, and bequests from any source, public or | 5 | | private, in support of information technology initiatives. | 6 | | Moneys received in support of information technology | 7 | | initiatives, and any interest earned thereon, shall be | 8 | | deposited into the DHS Technology Initiative Fund. | 9 | | (c) Moneys in the Fund may be used by the Department of | 10 | | Human Services for the purpose of making grants associated with | 11 | | the development and implementation of information technology | 12 | | projects or paying for operational expenses of the Department | 13 | | of Human Services related to such projects. | 14 | | (d) The Department of Human Services, in consultation with | 15 | | the Department of Innovation and Technology, shall use the | 16 | | funds deposited in the DHS Technology Fund to pay for | 17 | | information technology solutions either provided by Department | 18 | | of Innovation and Technology or arranged or coordinated by the | 19 | | Department of Innovation and Technology.
| 20 | | (Source: P.A. 98-24, eff. 6-19-13.) | 21 | | Section 970. The Methamphetamine Precursor Tracking Act is | 22 | | amended by changing Section 20 as follows: | 23 | | (720 ILCS 649/20)
| 24 | | Sec. 20. Secure website.
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| 1 | | (a) The Illinois State Police , in consultation with the | 2 | | Department of Innovation and Technology, shall establish a | 3 | | secure website for the transmission of electronic transaction | 4 | | records and make it available free of charge to covered | 5 | | pharmacies.
| 6 | | (b) The secure website shall enable covered pharmacies to | 7 | | transmit to the Central Repository an electronic transaction | 8 | | record each time the pharmacy distributes a targeted | 9 | | methamphetamine precursor to a recipient.
| 10 | | (c) If the secure website becomes unavailable to a covered | 11 | | pharmacy, the covered pharmacy may, during the period in which | 12 | | the secure website is not available, continue to distribute | 13 | | targeted methamphetamine precursor without using the secure | 14 | | website if, during this period, the covered pharmacy maintains | 15 | | and transmits handwritten logs as described in Sections 20 and | 16 | | 25 of the Methamphetamine Precursor Control Act.
| 17 | | (Source: P.A. 97-670, eff. 1-19-12.)
| 18 | | Section 975. The Workers' Compensation Act is amended by | 19 | | changing Section 17 as follows:
| 20 | | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| 21 | | Sec. 17. The Commission shall cause to be printed and | 22 | | furnish free of
charge upon request by any employer or employee | 23 | | such blank forms as may
facilitate or promote efficient | 24 | | administration and the performance of
the duties of the |
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| 1 | | Commission. It shall provide a proper record in which
shall be | 2 | | entered and indexed the name of any employer who shall file a
| 3 | | notice of declination or withdrawal under this Act, and the | 4 | | date of the
filing thereof; and a proper record in which shall | 5 | | be entered and
indexed the name of any employee who shall file | 6 | | such notice of
declination or withdrawal, and the date of the | 7 | | filing thereof; and such
other notices as may be required by | 8 | | this Act; and records in which shall
be recorded all | 9 | | proceedings, orders and awards had or made by the
Commission or | 10 | | by the arbitration committees, and such other books or
records | 11 | | as it shall deem
necessary, all such records to be kept in the
| 12 | | office of the Commission.
| 13 | | The Commission may destroy all papers and documents which | 14 | | have been
on file for more than 5 years where there is no claim | 15 | | for compensation
pending or where more than 2 years have | 16 | | elapsed since the termination of
the compensation period.
| 17 | | The Commission shall compile and distribute to interested | 18 | | persons aggregate
statistics, taken from any records and | 19 | | reports in the possession of the
Commission. The aggregate | 20 | | statistics shall not give the names or otherwise
identify | 21 | | persons sustaining injuries or disabilities or the employer of
| 22 | | any injured person or person with a disability.
| 23 | | The Commission is authorized to establish reasonable fees | 24 | | and methods
of payment limited to covering only the costs to | 25 | | the Commission for processing,
maintaining and generating | 26 | | records or data necessary for the computerized
production of |
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| 1 | | documents, records and other materials except to the extent
of | 2 | | any salaries or compensation of Commission officers or | 3 | | employees.
| 4 | | All fees collected by the Commission under this Section | 5 | | shall be deposited
in the Technology Management Statistical | 6 | | Services Revolving Fund and credited to the account of
the | 7 | | Illinois Workers' Compensation Commission.
| 8 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 9 | | Section 980. The Workers' Occupational Diseases Act is | 10 | | amended by changing Section 17 as follows:
| 11 | | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
| 12 | | Sec. 17. The Commission shall cause to be printed and shall | 13 | | furnish
free of charge upon request by any employer or employee | 14 | | such blank forms
as it shall deem requisite to facilitate or | 15 | | promote the efficient
administration of this Act, and the | 16 | | performance of the duties of the
Commission. It shall provide a | 17 | | proper record in which shall be entered
and indexed the name of | 18 | | any employer who shall file a notice of election
under this | 19 | | Act, and the date of the filing thereof; and a proper record
in | 20 | | which shall be entered and indexed the name of any employee who | 21 | | shall
file a notice of election, and the date of the filing | 22 | | thereof; and such
other notices as may be required by this Act; | 23 | | and records in which shall
be recorded all proceedings, orders | 24 | | and awards had or made by the
Commission, or by the arbitration |
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| 1 | | committees, and such other books or
records as it shall deem | 2 | | necessary, all such records to be kept in the
office of the | 3 | | Commission. The Commission, in its discretion, may destroy
all | 4 | | papers and documents except notices of election and waivers | 5 | | which
have been on file for more than five years where there is | 6 | | no claim for
compensation pending, or where more than two years | 7 | | have elapsed since
the termination of the compensation period.
| 8 | | The Commission shall compile and distribute to interested | 9 | | persons aggregate
statistics, taken from any records and | 10 | | reports in the possession of the
Commission. The aggregate | 11 | | statistics shall not give the names or otherwise
identify | 12 | | persons sustaining injuries or disabilities or the employer of
| 13 | | any injured person or person with a disability.
| 14 | | The Commission is authorized to establish reasonable fees | 15 | | and methods
of payment limited to covering only the costs to | 16 | | the Commission for processing,
maintaining and generating | 17 | | records or data necessary for the computerized
production of | 18 | | documents, records and other materials except to the extent
of | 19 | | any salaries or compensation of Commission officers or | 20 | | employees.
| 21 | | All fees collected by the Commission under this Section | 22 | | shall be deposited
in the Technology Management Statistical | 23 | | Services Revolving Fund and credited to the account of
the | 24 | | Illinois Workers' Compensation Commission.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15.)
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| 1 | | Section 995. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act. | 8 | | Section 997. Severability. The provisions of this Act are | 9 | | severable under Section 1.31 of the Statute on Statutes. | 10 | | Section 999. Effective date. This Act takes effect upon | 11 | | becoming law.".
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