Public Act 094-0091
 
SB0661 Enrolled LRB094 04399 RCE 34428 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE 1

 
    Section 1-1. Short title. This Act may be cited as the
FY2006 Budget Implementation (Finance) Act.
 
    Section 1-5. Purpose. It is the purpose of this Act to
make changes in State programs that are necessary to implement
the Governor's FY2006 budget recommendations concerning
finance.
 
ARTICLE 10

 
    Section 10-5. The Department of Central Management
Services Law of the Civil Administrative Code of Illinois is
amended by changing Sections 405-20, 405-270, 405-293, and
405-315 as follows:
 
    (20 ILCS 405/405-20)  (was 20 ILCS 405/35.7)
    Sec. 405-20. Fiscal policy information to Governor;
statistical research planning.
    (a) The Department shall be responsible for providing the
Governor with timely, comprehensive, and meaningful
information pertinent to the formulation and execution of
fiscal policy. In performing this responsibility the
Department shall have the power and duty to do the following:
        (1) Control the procurement, retention, installation,
    maintenance, and operation, as specified by the Director,
    of electronic data processing equipment used by State
    agencies in such a manner as to achieve maximum economy and
    provide adequate assistance in the development of
    information suitable for management analysis.
        (2) Establish principles and standards of statistical
    reporting by State agencies and priorities for completion
    of research by those agencies in accordance with the
    requirements for management analysis as specified by the
    Director.
        (3) Establish, through the Director, charges for
    statistical services requested by State agencies and
    rendered by the Department. The State agencies so charged
    shall reimburse the Department by vouchers drawn against
    their respective appropriations for electronic data
    processing. The Department is likewise empowered through
    the Director to establish prices or charges for all
    statistical reports purchased by agencies and individuals
    not connected with State government.
        (4) Instruct all State agencies as the Director may
    require to report regularly to the Department, in the
    manner the Director may prescribe, their usage of
    electronic information devices, the cost incurred, the
    information produced, and the procedures followed in
    obtaining the information. All State agencies shall
    request of the Director any statistical services requiring
    the use of electronic devices and shall conform to the
    priorities assigned by the Director in using those
    electronic devices.
        (5) Examine the accounts and statistical data of any
    organization, body, or agency receiving appropriations
    from the General Assembly.
        (6) Install and operate a modern information system
    utilizing equipment adequate to satisfy the requirements
    for analysis and review as specified by the Director.
    Expenditures for statistical services rendered shall be
    reimbursed by the recipients. The reimbursement shall be
    determined by the Director as amounts sufficient to
    reimburse the Statistical Services Revolving Fund for
    expenditures incurred in rendering the services.
    (b) In addition to the other powers and duties listed in
this Section, the Department shall analyze the present and
future aims, needs, and requirements of statistical research
and planning in order to provide for the formulation of overall
policy relative to the use of electronic data processing
equipment by the State of Illinois. In making this analysis,
the Department under the Director shall formulate a master plan
for statistical research, utilizing electronic equipment most
advantageously, and advising whether electronic data
processing equipment should be leased or purchased by the
State. The Department under the Director shall prepare and
submit interim reports of meaningful developments and
proposals for legislation to the Governor on or before January
30 each year. The Department under the Director shall engage in
a continuing analysis and evaluation of the master plan so
developed, and it shall be the responsibility of the Department
to recommend from time to time any needed amendments and
modifications of any master plan enacted by the General
Assembly.
    (c) For the purposes of this Section, Section 405-245, and
paragraph (4) of Section 405-10 only, "State agencies" means
all departments, boards, commissions, and agencies of the State
of Illinois subject to the Governor.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (20 ILCS 405/405-270)  (was 20 ILCS 405/67.18)
    Sec. 405-270. Communications Telecommunications services.
To provide for and co-ordinate communications
telecommunications services for State agencies and, when
requested and when in the best interests of the State, for
units of federal or local governments and public and
not-for-profit institutions of primary, secondary, and higher
education. The Department may make use of its satellite uplink
available to interested parties not associated with State
government provided that State government usage shall have
first priority. For this purpose the Department shall have the
power and duty to do all of the following:
        (1) Provide for and control the procurement,
    retention, installation, and maintenance of communications
    telecommunications equipment or services used by State
    agencies in the interest of efficiency and economy.
        (2) Establish standards by January 1, 1989 for
    communications services for State agencies which shall
    include a minimum of one telecommunication device for the
    deaf installed and operational within each State agency, to
    provide public access to agency information for those
    persons who are hearing or speech impaired. The Department
    shall consult the Department of Human Services to develop
    standards and implementation for this equipment.
        (3) Establish charges (i) for communication services
    for State agencies and, when requested, for units of
    federal or local government and public and not-for-profit
    institutions of primary, secondary, or higher education
    and (ii) for use of the Department's satellite uplink by
    parties not associated with State government. Entities
    charged for these services shall reimburse the Department
    by vouchers drawn against their respective appropriations
    for telecommunications services.
        (4) Instruct all State agencies to report their usage
    of communication telecommunication services regularly to
    the Department in the manner the Director may prescribe.
        (5) Analyze the present and future aims and needs of
    all State agencies in the area of communications
    telecommunications services and plan to serve those aims
    and needs in the most effective and efficient manner.
        (6) Provide services, including, but not limited to,
    telecommunications, video recording, satellite uplink,
    public information, and other communications services.
        (7) (6) Establish the administrative organization
    within the Department that is required to accomplish the
    purpose of this Section.
    The Department is authorized to conduct a study for the
purpose of determining technical, engineering, and management
specifications for the networking, compatible connection, or
shared use of existing and future public and private owned
television broadcast and reception facilities, including but
not limited to terrestrial microwave, fiber optic, and
satellite, for broadcast and reception of educational,
governmental, and business programs, and to implement those
specifications.
    However, the Department may not control or interfere with
the input of content into the telecommunications systems by the
several State agencies or units of federal or local government,
or public or not-for-profit institutions of primary,
secondary, and higher education, or users of the Department's
satellite uplink.
    As used in this Section, the term "State agencies" means
all departments, officers, commissions, boards, institutions,
and bodies politic and corporate of the State except the
General Assembly, legislative service agencies, and all
officers of the General Assembly.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (20 ILCS 405/405-293)
    Sec. 405-293. Professional Services.
    (a) The Department of Central Management Services (the
"Department") is responsible for providing professional
services for or on behalf of State agencies for all functions
transferred to the Department by Executive Order No. 2003-10
(as modified by Section 5.5 of the Executive Reorganization
Implementation Act) and may, with the approval of the Governor,
provide additional services to or on behalf of State agencies.
To the extent not compensated by direct fund transfers, the
Department shall be reimbursed from each State agency receiving
the benefit of these services. The reimbursement shall be
determined by the Director of Central Management Services as
the amount required to reimburse the Professional Services Fund
for the Department's costs of rendering the professional
services on behalf of that State agency.
    (a-5) The Department of Central Management Services may
provide professional services and other services as authorized
by subsection (a) for or on behalf of other State entities with
the approval of both the Director of Central Management
Services and the appropriate official or governing body of the
other State entity.
    (b) For the purposes of this Section, "State agency" means
each State agency, department, board, and commission directly
responsible to the Governor. "Professional services" means
legal services, internal audit services, and other services as
approved by the Governor. "Other State entity" means the
Illinois State Board of Education and the Illinois State Toll
Highway Authority.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (20 ILCS 405/405-315)  (was 20 ILCS 405/67.24)
    Sec. 405-315. Management of State buildings; security
force; fees.
    (a) To manage, operate, maintain, and preserve from waste
the State buildings, facilities, structures, grounds, or other
real property transferred to the Department under Section
405-415, including, without limitation, the State buildings
listed below. The Department may rent portions of these and
other State buildings when in the judgment of the Director
those leases or subleases will be in the best interests of the
State. The leases or subleases shall not exceed 5 years unless
a greater term is specifically authorized.
    a. Peoria Regional Office Building
        5415 North University
        Peoria, Illinois  61614
    b. Springfield Regional Office Building
        4500 South 6th Street
        Springfield, Illinois  62703
    c. Champaign Regional Office Building
        2125 South 1st Street
        Champaign, Illinois  61820
    d. Illinois State Armory Building
        124 East Adams
        Springfield, Illinois  62706
    e. Marion Regional Office Building
        2209 West Main Street
        Marion, Illinois  62959
    f. Kenneth Hall Regional State Office
        Building
        #10 Collinsville Avenue
        East St. Louis, Illinois  62201
    g. Rockford Regional Office Building
        4402 North Main Street
        P.O. Box 915
        Rockford, Illinois  61105
    h. State of Illinois Building
        160 North LaSalle
        Chicago, Illinois  60601
    i. Office and Laboratory Building
        2121 West Taylor Street
        Chicago, Illinois  60602
    j. Central Computer Facility
        201 West Adams
        Springfield, Illinois  62706
    k. Elgin Office Building
        595 South State Street
        Elgin, Illinois  60120
    l. James R. Thompson Center
        Bounded by Lake, Clark, Randolph and
        LaSalle Streets
        Chicago, Illinois
    m. The following buildings located within the Chicago
        Medical Center District:
        1. Lawndale Day Care Center
        2929 West 19th Street
        2. Edwards Center
        2020 Roosevelt Road
        3. Illinois Center for
        Rehabilitation and Education
        1950 West Roosevelt Road and 1151 South Wood Street
        4. Department of Children and
        Family Services District Office
        1026 South Damen
        5. The William Heally School
        1731 West Taylor
        6. Administrative Office Building
        1100 South Paulina Street
        7. Metro Children and Adolescents Center
        1601 West Taylor Street
    n. E.J. "Zeke" Giorgi Center
        200 Wyman Street
        Rockford, Illinois
    o. Suburban North Facility
        9511 Harrison
        Des Plaines, Illinois
    p. The following buildings located within the Revenue
        Center in Springfield:
        1. State Property Control Warehouse
        11th & Ash
        2. Illinois State Museum Research & Collections
        Center
        1011 East Ash Street
    q. Effingham Regional Office Building
        401 Industrial Drive
        Effingham, Illinois
    r. The Communications Center
        120 West Jefferson
        Springfield, Illinois
    s. Portions or all of the basement and
        ground floor of the
        State of Illinois Building
        160 North LaSalle
        Chicago, Illinois 60601
may be leased or subleased to persons, firms, partnerships,
associations, or individuals for terms not to exceed 15 years
when in the judgment of the Director those leases or subleases
will be in the best interests of the State.
    Portions or all of the commercial space, which includes the
sub-basement, storage mezzanine, concourse, and ground and
second floors of the
        James R. Thompson Center
        Bounded by Lake, Clark, Randolph and LaSalle Streets
        Chicago, Illinois
may be leased or subleased to persons, firms, partnerships,
associations, or individuals for terms not to exceed 15 years
subject to renewals when in the judgment of the Director those
leases or subleases will be in the best interests of the State.
    The Director is authorized to rent portions of the above
described facilities to persons, firms, partnerships,
associations, or individuals for terms not to exceed 30 days
when those leases or subleases will not interfere with State
usage of the facility. This authority is meant to supplement
and shall not in any way be interpreted to restrict the
Director's ability to make portions of the State of Illinois
Building and the James R. Thompson Center available for
long-term commercial leases or subleases.
    Provided however, that all rentals or fees charged to
persons, firms, partnerships, associations, or individuals for
any lease or use of space in the above described facilities
made for terms not to exceed 30 days in length shall be
deposited in a special fund in the State treasury to be known
as the Special Events Revolving Fund.
    Notwithstanding the provisions above, the Department of
Children and Family Services and the Department of Human
Services (as successor to the Department of Rehabilitation
Services and the Department of Mental Health and Developmental
Disabilities) shall determine the allocation of space for
direct recipient care in their respective facilities. The
Department of Central Management Services shall consult with
the affected agency in the allocation and lease of surplus
space in these facilities. Potential lease arrangements shall
not endanger the direct recipient care responsibilities in
these facilities.
    (b) To appoint, subject to the Personnel Code, persons to
be members of a police and security force. Members of the
security force shall be peace officers when performing duties
pursuant to this Section and as such shall have all of the
powers possessed by policemen in cities and sheriffs, including
the power to make arrests on view or issue citations for
violations of State statutes or city or county ordinances,
except that in counties of more than 1,000,000 population, any
powers created by this subsection shall be exercised only (i)
when necessary to protect the property, personnel, or interests
of the Department or any State agency for whom the Department
manages, operates, or maintains property or (ii) when
specifically requested by appropriate State or local law
enforcement officials, and except that within counties of
1,000,000 or less population, these powers shall be exercised
only when necessary to protect the property, personnel, or
interests of the State of Illinois and only while on property
managed, operated, or maintained by the Department.
    Nothing in this subsection shall be construed so as to make
it conflict with any provisions of, or rules promulgated under,
the Personnel Code.
    (c) To charge reasonable fees for the lease, rental, use,
or occupancy of State facilities managed, operated, or
maintained by the Department. All Except as provided in
subsection (a) regarding amounts to be deposited into the
Special Events Revolving Fund, all moneys collected under this
Section subsection shall be deposited in a revolving fund in
the State treasury known as the Facilities Management Revolving
Fund.
    (d) Provisions of this Section relating to the James R.
Thompson Center are subject to the provisions of Section 7.4 of
the State Property Control Act.
(Source: P.A. 92-302, eff. 8-9-01; 93-19, eff. 6-20-03; 93-839,
eff. 7-30-04.)
 
ARTICLE 13

 
    Section 13-5. The Department of Professional Regulation
Law of the Civil Administrative Code of Illinois is amended by
changing Section 2105-300 as follows:
 
    (20 ILCS 2105/2105-300)  (was 20 ILCS 2105/61e)
    Sec. 2105-300. Professions Indirect Cost Fund;
allocations; analyses.
    (a) Appropriations for the direct and allocable indirect
costs of licensing and regulating each regulated profession,
trade, or occupation, or industry are intended to be payable
from the fees and fines that are assessed and collected from
that profession, trade, or occupation, or industry, to the
extent that those fees and fines are sufficient. In any fiscal
year in which the fees and fines generated by a specific
profession, trade, or occupation, or industry are insufficient
to finance the necessary direct and allocable indirect costs of
licensing and regulating that profession, trade, or
occupation, or industry, the remainder of those costs shall be
financed from appropriations payable from revenue sources
other than fees and fines. The direct and allocable indirect
costs of the Department identified in its cost allocation plans
that are not attributable to the licensing and regulation of a
specific profession, trade, or occupation, or industry or group
of professions, trades, or occupations, or industries shall be
financed from appropriations from revenue sources other than
fees and fines.
    (b) The Professions Indirect Cost Fund is hereby created as
a special fund in the State Treasury. The Fund may receive
transfers of moneys authorized by the Department from the cash
balances in special funds that receive revenues from the fees
and fines associated with the licensing of regulated
professions, trades, and occupations, and industries by the
Department. Moneys in the Fund shall be invested and earnings
on the investments shall be retained in the Fund. Subject to
appropriation, the Department shall use moneys in the Fund to
pay the ordinary and necessary allocable indirect expenses
associated with each of the regulated professions, trades, and
occupations, and industries.
    (c) Before the beginning of each fiscal year, the
Department shall prepare a cost allocation analysis to be used
in establishing the necessary appropriation levels for each
cost purpose and revenue source. At the conclusion of each
fiscal year, the Department shall prepare a cost allocation
analysis reflecting the extent of the variation between how the
costs were actually financed in that year and the planned cost
allocation for that year. Variations between the planned and
actual cost allocations for the prior fiscal year shall be
adjusted into the Department's planned cost allocation for the
next fiscal year.
    Each cost allocation analysis shall separately identify
the direct and allocable indirect costs of each regulated
profession, trade, or occupation, or industry and the costs of
the Department's general public health and safety purposes. The
analyses shall determine whether the direct and allocable
indirect costs of each regulated profession, trade, or
occupation, or industry and the costs of the Department's
general public health and safety purposes are sufficiently
financed from their respective funding sources. The Department
shall prepare the cost allocation analyses in consultation with
the respective regulated professions, trades, and occupations,
and industries and shall make copies of the analyses available
to them in a timely fashion.
    (d) The Department may direct the State Comptroller and
Treasurer to transfer moneys from the special funds that
receive fees and fines associated with regulated professions,
trades, and occupations, and industries into the Professions
Indirect Cost Fund in accordance with the Department's cost
allocation analysis plan for the applicable fiscal year. For a
given fiscal year, the Department shall not direct the transfer
of moneys under this subsection from a special fund associated
with a specific regulated profession, trade, or occupation, or
industry (or group of professions, trades, or occupations, or
industries) in an amount exceeding the allocable indirect costs
associated with that profession, trade, or occupation, or
industry (or group of professions, trades, or occupations, or
industries) as provided in the cost allocation analysis for
that fiscal year and adjusted for allocation variations from
the prior fiscal year. No direct costs identified in the cost
allocation plan shall be used as a basis for transfers into the
Professions Indirect Cost Fund or for expenditures from the
Fund.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 13-10. The State Finance Act is amended by changing
Sections 6z-26 and 8f as follows:
 
    (30 ILCS 105/6z-26)
    Sec. 6z-26. The Financial Institution Fund. All moneys
received by the Department of Financial and Professional
Regulation Institutions under the Safety Deposit License Act,
the Foreign Exchange License Act, the Pawners Societies Act,
the Sale of Exchange Act, the Currency Exchange Act, the Sales
Finance Agency Act, the Debt Management Service Act, the
Consumer Installment Loan Act, the Illinois Development Credit
Corporation Act, the Title Insurance Act, and any other Act
administered by the Department of Financial and Professional
Regulation as the successor of the Department of Financial
Institutions now or in the future (unless an Act specifically
provides otherwise) shall be deposited in the Financial
Institution Fund (hereinafter "Fund"), a special fund that is
hereby created in the State Treasury.
    Moneys in the Fund shall be used by the Department, subject
to appropriation, for expenses incurred in administering the
above named and referenced Acts.
    The Comptroller and the State Treasurer shall transfer from
the General Revenue Fund to the Fund any monies received by the
Department after June 30, 1993, under any of the above named
and referenced Acts that have been deposited in the General
Revenue Fund.
    As soon as possible after the end of each calendar year,
the Comptroller shall compare the balance in the Fund at the
end of the calendar year with the amount appropriated from the
Fund for the fiscal year beginning on July 1 of that calendar
year. If the balance in the Fund exceeds the amount
appropriated, the Comptroller and the State Treasurer shall
transfer from the Fund to the General Revenue Fund an amount
equal to the difference between the balance in the Fund and the
amount appropriated.
    Nothing in this Section shall be construed to prohibit
appropriations from the General Revenue Fund for expenses
incurred in the administration of the above named and
referenced Acts.
    Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(Source: P.A. 90-545, eff. 1-1-98.)
 
    (30 ILCS 105/8f)
    Sec. 8f. Public Pension Regulation Fund. The Public Pension
Regulation Fund is created in the State Treasury. Except as
otherwise provided in the Illinois Pension Code, all money
received by the Department of Financial and Professional
Regulation, as successor to the Illinois Department of
Insurance, under the Illinois Pension Code shall be paid into
the Fund. Moneys in the Fund may be transferred to the
Professions Indirect Cost Fund, as authorized under Section
2105-300 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois. The State Treasurer
promptly shall invest the money in the Fund, and all earnings
that accrue on the money in the Fund shall be credited to the
Fund. No money may be transferred from this Fund to any other
fund. The General Assembly may make appropriations from this
Fund for the ordinary and contingent expenses of the Public
Pension Division of the Illinois Department of Insurance.
(Source: P.A. 90-507, eff. 8-22-97.)
 
    Section 13-15. The Illinois Banking Act is amended by
changing Section 48 as follows:
 
    (205 ILCS 5/48)  (from Ch. 17, par. 359)
    Sec. 48. Commissioner's powers; duties. The Commissioner
shall have the powers and authority, and is charged with the
duties and responsibilities designated in this Act, and a State
bank shall not be subject to any other visitorial power other
than as authorized by this Act, except those vested in the
courts, or upon prior consultation with the Commissioner, a
foreign bank regulator with an appropriate supervisory
interest in the parent or affiliate of a state bank. In the
performance of the Commissioner's duties:
    (1) The Commissioner shall call for statements from all
State banks as provided in Section 47 at least one time during
each calendar quarter.
    (2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and no less frequently than 18
months following the preceding examination, shall appoint a
suitable person or persons to make an examination of the
affairs of every State bank, except that for every eligible
State bank, as defined by regulation, the Commissioner in lieu
of the examination may accept on an alternating basis the
examination made by the eligible State bank's appropriate
federal banking agency pursuant to Section 111 of the Federal
Deposit Insurance Corporation Improvement Act of 1991,
provided the appropriate federal banking agency has made such
an examination. A person so appointed shall not be a
stockholder or officer or employee of any bank which that
person may be directed to examine, and shall have powers to
make a thorough examination into all the affairs of the bank
and in so doing to examine any of the officers or agents or
employees thereof on oath and shall make a full and detailed
report of the condition of the bank to the Commissioner. In
making the examination the examiners shall include an
examination of the affairs of all the affiliates of the bank,
as defined in subsection (b) of Section 35.2 of this Act, or
subsidiaries of the bank as shall be necessary to disclose
fully the conditions of the subsidiaries or affiliates, the
relations between the bank and the subsidiaries or affiliates
and the effect of those relations upon the affairs of the bank,
and in connection therewith shall have power to examine any of
the officers, directors, agents, or employees of the
subsidiaries or affiliates on oath. After May 31, 1997, the
Commissioner may enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of State bank branches in those states, and the
Commissioner may accept reports of examinations of State bank
branches from those state regulatory authorities. These
cooperative agreements may set forth the manner in which the
other state regulatory authorities may be compensated for
examinations prepared for and submitted to the Commissioner.
    (b) After May 31, 1997, the Commissioner is authorized to
examine, as often as the Commissioner shall deem necessary or
proper, branches of out-of-state banks. The Commissioner may
establish and may assess fees to be paid to the Commissioner
for examinations under this subsection (b). The fees shall be
borne by the out-of-state bank, unless the fees are borne by
the state regulatory authority that chartered the out-of-state
bank, as determined by a cooperative agreement between the
Commissioner and the state regulatory authority that chartered
the out-of-state bank.
    (2.5) Whenever any State bank, any subsidiary or affiliate
of a State bank, or after May 31, 1997, any branch of an
out-of-state bank causes to be performed, by contract or
otherwise, any bank services for itself, whether on or off its
premises:
        (a) that performance shall be subject to examination by
    the Commissioner to the same extent as if services were
    being performed by the bank or, after May 31, 1997, branch
    of the out-of-state bank itself on its own premises; and
        (b) the bank or, after May 31, 1997, branch of the
    out-of-state bank shall notify the Commissioner of the
    existence of a service relationship. The notification
    shall be submitted with the first statement of condition
    (as required by Section 47 of this Act) due after the
    making of the service contract or the performance of the
    service, whichever occurs first. The Commissioner shall be
    notified of each subsequent contract in the same manner.
    For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of checks
and deposits, computation and posting of interest and other
credits and charges, preparation and mailing of checks,
statements, notices, and similar items, or any other clerical,
bookkeeping, accounting, statistical, or similar functions
performed for a State bank, including but not limited to
electronic data processing related to those bank services.
    (3) The expense of administering this Act, including the
expense of the examinations of State banks as provided in this
Act, shall to the extent of the amounts resulting from the fees
provided for in paragraphs (a), (a-2), and (b) of this
subsection (3) be assessed against and borne by the State
banks:
        (a) Each bank shall pay to the Commissioner a Call
    Report Fee which shall be paid in quarterly installments
    equal to one-fourth of the sum of the annual fixed fee of
    $800, plus a variable fee based on the assets shown on the
    quarterly statement of condition delivered to the
    Commissioner in accordance with Section 47 for the
    preceding quarter according to the following schedule: 16
    per $1,000 of the first $5,000,000 of total assets, 15 per
    $1,000 of the next $20,000,000 of total assets, 13 per
    $1,000 of the next $75,000,000 of total assets, 9 per
    $1,000 of the next $400,000,000 of total assets, 7 per
    $1,000 of the next $500,000,000 of total assets, and 5 per
    $1,000 of all assets in excess of $1,000,000,000, of the
    State bank. The Call Report Fee shall be calculated by the
    Commissioner and billed to the banks for remittance at the
    time of the quarterly statements of condition provided for
    in Section 47. The Commissioner may require payment of the
    fees provided in this Section by an electronic transfer of
    funds or an automatic debit of an account of each of the
    State banks. In case more than one examination of any bank
    is deemed by the Commissioner to be necessary in any
    examination frequency cycle specified in subsection 2(a)
    of this Section, and is performed at his direction, the
    Commissioner may assess a reasonable additional fee to
    recover the cost of the additional examination; provided,
    however, that an examination conducted at the request of
    the State Treasurer pursuant to the Uniform Disposition of
    Unclaimed Property Act shall not be deemed to be an
    additional examination under this Section. In lieu of the
    method and amounts set forth in this paragraph (a) for the
    calculation of the Call Report Fee, the Commissioner may
    specify by rule that the Call Report Fees provided by this
    Section may be assessed semiannually or some other period
    and may provide in the rule the formula to be used for
    calculating and assessing the periodic Call Report Fees to
    be paid by State banks.
        (a-1) If in the opinion of the Commissioner an
    emergency exists or appears likely, the Commissioner may
    assign an examiner or examiners to monitor the affairs of a
    State bank with whatever frequency he deems appropriate,
    including but not limited to a daily basis. The reasonable
    and necessary expenses of the Commissioner during the
    period of the monitoring shall be borne by the subject
    bank. The Commissioner shall furnish the State bank a
    statement of time and expenses if requested to do so within
    30 days of the conclusion of the monitoring period.
        (a-2) On and after January 1, 1990, the reasonable and
    necessary expenses of the Commissioner during examination
    of the performance of electronic data processing services
    under subsection (2.5) shall be borne by the banks for
    which the services are provided. An amount, based upon a
    fee structure prescribed by the Commissioner, shall be paid
    by the banks or, after May 31, 1997, branches of
    out-of-state banks receiving the electronic data
    processing services along with the Call Report Fee assessed
    under paragraph (a) of this subsection (3).
        (a-3) After May 31, 1997, the reasonable and necessary
    expenses of the Commissioner during examination of the
    performance of electronic data processing services under
    subsection (2.5) at or on behalf of branches of
    out-of-state banks shall be borne by the out-of-state
    banks, unless those expenses are borne by the state
    regulatory authorities that chartered the out-of-state
    banks, as determined by cooperative agreements between the
    Commissioner and the state regulatory authorities that
    chartered the out-of-state banks.
        (b) "Fiscal year" for purposes of this Section 48 is
    defined as a period beginning July 1 of any year and ending
    June 30 of the next year. The Commissioner shall receive
    for each fiscal year, commencing with the fiscal year
    ending June 30, 1987, a contingent fee equal to the lesser
    of the aggregate of the fees paid by all State banks under
    paragraph (a) of subsection (3) for that year, or the
    amount, if any, whereby the aggregate of the administration
    expenses, as defined in paragraph (c), for that fiscal year
    exceeds the sum of the aggregate of the fees payable by all
    State banks for that year under paragraph (a) of subsection
    (3), plus any amounts transferred into the Bank and Trust
    Company Fund from the State Pensions Fund for that year,
    plus all other amounts collected by the Commissioner for
    that year under any other provision of this Act, plus the
    aggregate of all fees collected for that year by the
    Commissioner under the Corporate Fiduciary Act, excluding
    the receivership fees provided for in Section 5-10 of the
    Corporate Fiduciary Act, and the Foreign Banking Office
    Act. The aggregate amount of the contingent fee thus
    arrived at for any fiscal year shall be apportioned
    amongst, assessed upon, and paid by the State banks and
    foreign banking corporations, respectively, in the same
    proportion that the fee of each under paragraph (a) of
    subsection (3), respectively, for that year bears to the
    aggregate for that year of the fees collected under
    paragraph (a) of subsection (3). The aggregate amount of
    the contingent fee, and the portion thereof to be assessed
    upon each State bank and foreign banking corporation,
    respectively, shall be determined by the Commissioner and
    shall be paid by each, respectively, within 120 days of the
    close of the period for which the contingent fee is
    computed and is payable, and the Commissioner shall give 20
    days advance notice of the amount of the contingent fee
    payable by the State bank and of the date fixed by the
    Commissioner for payment of the fee.
        (c) The "administration expenses" for any fiscal year
    shall mean the ordinary and contingent expenses for that
    year incident to making the examinations provided for by,
    and for otherwise administering, this Act, the Corporate
    Fiduciary Act, excluding the expenses paid from the
    Corporate Fiduciary Receivership account in the Bank and
    Trust Company Fund, the Foreign Banking Office Act, the
    Electronic Fund Transfer Act, and the Illinois Bank
    Examiners' Education Foundation Act, including all
    salaries and other compensation paid for personal services
    rendered for the State by officers or employees of the
    State, including the Commissioner and the Deputy
    Commissioners, all expenditures for telephone and
    telegraph charges, postage and postal charges, office
    stationery, supplies and services, and office furniture
    and equipment, including typewriters and copying and
    duplicating machines and filing equipment, surety bond
    premiums, and travel expenses of those officers and
    employees, employees, expenditures or charges for the
    acquisition, enlargement or improvement of, or for the use
    of, any office space, building, or structure, or
    expenditures for the maintenance thereof or for furnishing
    heat, light, or power with respect thereto, all to the
    extent that those expenditures are directly incidental to
    such examinations or administration. The Commissioner
    shall not be required by paragraphs (c) or (d-1) of this
    subsection (3) to maintain in any fiscal year's budget
    appropriated reserves for accrued vacation and accrued
    sick leave that is required to be paid to employees of the
    Commissioner upon termination of their service with the
    Commissioner in an amount that is more than is reasonably
    anticipated to be necessary for any anticipated turnover in
    employees, whether due to normal attrition or due to
    layoffs, terminations, or resignations.
        (d) The aggregate of all fees collected by the
    Commissioner under this Act, the Corporate Fiduciary Act,
    or the Foreign Banking Office Act on and after July 1,
    1979, shall be paid promptly after receipt of the same,
    accompanied by a detailed statement thereof, into the State
    treasury and shall be set apart in a special fund to be
    known as the "Bank and Trust Company Fund", except as
    provided in paragraph (c) of subsection (11) of this
    Section. All earnings received from investments of funds in
    the Bank and Trust Company Fund shall be deposited in the
    Bank and Trust Company Fund and may be used for the same
    purposes as fees deposited in that Fund. The amount from
    time to time deposited into the Bank and Trust Company Fund
    shall be used to offset the ordinary administrative
    expenses of the Commissioner of Banks and Real Estate as
    defined in this Section. Nothing in this amendatory Act of
    1979 shall prevent continuing the practice of paying
    expenses involving salaries, retirement, social security,
    and State-paid insurance premiums of State officers by
    appropriations from the General Revenue Fund. However, the
    General Revenue Fund shall be reimbursed for those payments
    made on and after July 1, 1979, by an annual transfer of
    funds from the Bank and Trust Company Fund. Moneys in the
    Bank and Trust Company Fund may be transferred to the
    Professions Indirect Cost Fund, as authorized under
    Section 2105-300 of the Department of Professional
    Regulation Law of the Civil Administrative Code of
    Illinois.
        (d-1) Adequate funds shall be available in the Bank and
    Trust Company Fund to permit the timely payment of
    administration expenses. In each fiscal year the total
    administration expenses shall be deducted from the total
    fees collected by the Commissioner and the remainder
    transferred into the Cash Flow Reserve Account, unless the
    balance of the Cash Flow Reserve Account prior to the
    transfer equals or exceeds one-fourth of the total initial
    appropriations from the Bank and Trust Company Fund for the
    subsequent year, in which case the remainder shall be
    credited to State banks and foreign banking corporations
    and applied against their fees for the subsequent year. The
    amount credited to each State bank and foreign banking
    corporation shall be in the same proportion as the Call
    Report Fees paid by each for the year bear to the total
    Call Report Fees collected for the year. If, after a
    transfer to the Cash Flow Reserve Account is made or if no
    remainder is available for transfer, the balance of the
    Cash Flow Reserve Account is less than one-fourth of the
    total initial appropriations for the subsequent year and
    the amount transferred is less than 5% of the total Call
    Report Fees for the year, additional amounts needed to make
    the transfer equal to 5% of the total Call Report Fees for
    the year shall be apportioned amongst, assessed upon, and
    paid by the State banks and foreign banking corporations in
    the same proportion that the Call Report Fees of each,
    respectively, for the year bear to the total Call Report
    Fees collected for the year. The additional amounts
    assessed shall be transferred into the Cash Flow Reserve
    Account. For purposes of this paragraph (d-1), the
    calculation of the fees collected by the Commissioner shall
    exclude the receivership fees provided for in Section 5-10
    of the Corporate Fiduciary Act.
        (e) The Commissioner may upon request certify to any
    public record in his keeping and shall have authority to
    levy a reasonable charge for issuing certifications of any
    public record in his keeping.
        (f) In addition to fees authorized elsewhere in this
    Act, the Commissioner may, in connection with a review,
    approval, or provision of a service, levy a reasonable
    charge to recover the cost of the review, approval, or
    service.
    (4) Nothing contained in this Act shall be construed to
limit the obligation relative to examinations and reports of
any State bank, deposits in which are to any extent insured by
the United States or any agency thereof, nor to limit in any
way the powers of the Commissioner with reference to
examinations and reports of that bank.
    (5) The nature and condition of the assets in or investment
of any bonus, pension, or profit sharing plan for officers or
employees of every State bank or, after May 31, 1997, branch of
an out-of-state bank shall be deemed to be included in the
affairs of that State bank or branch of an out-of-state bank
subject to examination by the Commissioner under the provisions
of subsection (2) of this Section, and if the Commissioner
shall find from an examination that the condition of or
operation of the investments or assets of the plan is unlawful,
fraudulent, or unsafe, or that any trustee has abused his
trust, the Commissioner shall, if the situation so found by the
Commissioner shall not be corrected to his satisfaction within
60 days after the Commissioner has given notice to the board of
directors of the State bank or out-of-state bank of his
findings, report the facts to the Attorney General who shall
thereupon institute proceedings against the State bank or
out-of-state bank, the board of directors thereof, or the
trustees under such plan as the nature of the case may require.
    (6) The Commissioner shall have the power:
        (a) To promulgate reasonable rules for the purpose of
    administering the provisions of this Act.
        (a-5) To impose conditions on any approval issued by
    the Commissioner if he determines that the conditions are
    necessary or appropriate. These conditions shall be
    imposed in writing and shall continue in effect for the
    period prescribed by the Commissioner.
        (b) To issue orders against any person, if the
    Commissioner has reasonable cause to believe that an unsafe
    or unsound banking practice has occurred, is occurring, or
    is about to occur, if any person has violated, is
    violating, or is about to violate any law, rule, or written
    agreement with the Commissioner, or for the purpose of
    administering the provisions of this Act and any rule
    promulgated in accordance with this Act.
        (b-1) To enter into agreements with a bank establishing
    a program to correct the condition of the bank or its
    practices.
        (c) To appoint hearing officers to execute any of the
    powers granted to the Commissioner under this Section for
    the purpose of administering this Act and any rule
    promulgated in accordance with this Act and otherwise to
    authorize, in writing, an officer or employee of the Office
    of Banks and Real Estate to exercise his powers under this
    Act.
        (d) To subpoena witnesses, to compel their attendance,
    to administer an oath, to examine any person under oath,
    and to require the production of any relevant books,
    papers, accounts, and documents in the course of and
    pursuant to any investigation being conducted, or any
    action being taken, by the Commissioner in respect of any
    matter relating to the duties imposed upon, or the powers
    vested in, the Commissioner under the provisions of this
    Act or any rule promulgated in accordance with this Act.
        (e) To conduct hearings.
    (7) Whenever, in the opinion of the Commissioner, any
director, officer, employee, or agent of a State bank or any
subsidiary or bank holding company of the bank or, after May
31, 1997, of any branch of an out-of-state bank or any
subsidiary or bank holding company of the bank shall have
violated any law, rule, or order relating to that bank or any
subsidiary or bank holding company of the bank, shall have
obstructed or impeded any examination or investigation by the
Commissioner, shall have engaged in an unsafe or unsound
practice in conducting the business of that bank or any
subsidiary or bank holding company of the bank, or shall have
violated any law or engaged or participated in any unsafe or
unsound practice in connection with any financial institution
or other business entity such that the character and fitness of
the director, officer, employee, or agent does not assure
reasonable promise of safe and sound operation of the State
bank, the Commissioner may issue an order of removal. If, in
the opinion of the Commissioner, any former director, officer,
employee, or agent of a State bank or any subsidiary or bank
holding company of the bank, prior to the termination of his or
her service with that bank or any subsidiary or bank holding
company of the bank, violated any law, rule, or order relating
to that State bank or any subsidiary or bank holding company of
the bank, obstructed or impeded any examination or
investigation by the Commissioner, engaged in an unsafe or
unsound practice in conducting the business of that bank or any
subsidiary or bank holding company of the bank, or violated any
law or engaged or participated in any unsafe or unsound
practice in connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent would not have assured
reasonable promise of safe and sound operation of the State
bank, the Commissioner may issue an order prohibiting that
person from further service with a bank or any subsidiary or
bank holding company of the bank as a director, officer,
employee, or agent. An order issued pursuant to this subsection
shall be served upon the director, officer, employee, or agent.
A copy of the order shall be sent to each director of the bank
affected by registered mail. The person affected by the action
may request a hearing before the State Banking Board within 10
days after receipt of the order. The hearing shall be held by
the Board within 30 days after the request has been received by
the Board. The Board shall make a determination approving,
modifying, or disapproving the order of the Commissioner as its
final administrative decision. If a hearing is held by the
Board, the Board shall make its determination within 60 days
from the conclusion of the hearing. Any person affected by a
decision of the Board under this subsection (7) of Section 48
of this Act may have the decision reviewed only under and in
accordance with the Administrative Review Law and the rules
adopted pursuant thereto. A copy of the order shall also be
served upon the bank of which he is a director, officer,
employee, or agent, whereupon he shall cease to be a director,
officer, employee, or agent of that bank. The Commissioner may
institute a civil action against the director, officer, or
agent of the State bank or, after May 31, 1997, of the branch
of the out-of-state bank against whom any order provided for by
this subsection (7) of this Section 48 has been issued, and
against the State bank or, after May 31, 1997, out-of-state
bank, to enforce compliance with or to enjoin any violation of
the terms of the order. Any person who has been the subject of
an order of removal or an order of prohibition issued by the
Commissioner under this subsection or Section 5-6 of the
Corporate Fiduciary Act may not thereafter serve as director,
officer, employee, or agent of any State bank or of any branch
of any out-of-state bank, or of any corporate fiduciary, as
defined in Section 1-5.05 of the Corporate Fiduciary Act, or of
any other entity that is subject to licensure or regulation by
the Commissioner or the Office of Banks and Real Estate unless
the Commissioner has granted prior approval in writing.
    For purposes of this paragraph (7), "bank holding company"
has the meaning prescribed in Section 2 of the Illinois Bank
Holding Company Act of 1957.
    (8) The Commissioner may impose civil penalties of up to
$10,000 against any person for each violation of any provision
of this Act, any rule promulgated in accordance with this Act,
any order of the Commissioner, or any other action which in the
Commissioner's discretion is an unsafe or unsound banking
practice.
    (9) The Commissioner may impose civil penalties of up to
$100 against any person for the first failure to comply with
reporting requirements set forth in the report of examination
of the bank and up to $200 for the second and subsequent
failures to comply with those reporting requirements.
    (10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law.
For matters involving administrative review, venue shall be in
either Sangamon County or Cook County.
    (11) The endowment fund for the Illinois Bank Examiners'
Education Foundation shall be administered as follows:
        (a) (Blank).
        (b) The Foundation is empowered to receive voluntary
    contributions, gifts, grants, bequests, and donations on
    behalf of the Illinois Bank Examiners' Education
    Foundation from national banks and other persons for the
    purpose of funding the endowment of the Illinois Bank
    Examiners' Education Foundation.
        (c) The aggregate of all special educational fees
    collected by the Commissioner and property received by the
    Commissioner on behalf of the Illinois Bank Examiners'
    Education Foundation under this subsection (11) on or after
    June 30, 1986, shall be either (i) promptly paid after
    receipt of the same, accompanied by a detailed statement
    thereof, into the State Treasury and shall be set apart in
    a special fund to be known as "The Illinois Bank Examiners'
    Education Fund" to be invested by either the Treasurer of
    the State of Illinois in the Public Treasurers' Investment
    Pool or in any other investment he is authorized to make or
    by the Illinois State Board of Investment as the board of
    trustees of the Illinois Bank Examiners' Education
    Foundation may direct or (ii) deposited into an account
    maintained in a commercial bank or corporate fiduciary in
    the name of the Illinois Bank Examiners' Education
    Foundation pursuant to the order and direction of the Board
    of Trustees of the Illinois Bank Examiners' Education
    Foundation.
    (12) (Blank).
(Source: P.A. 91-16, eff. 7-1-99; 92-20, eff. 7-1-01; 92-483,
eff. 8-23-01; 92-651, eff. 7-11-02.)
 
    Section 13-20. The Illinois Savings and Loan Act of 1985 is
amended by changing Section 7-19.1 as follows:
 
    (205 ILCS 105/7-19.1)  (from Ch. 17, par. 3307-19.1)
    Sec. 7-19.1. Savings and Residential Finance Regulatory
Fund.
    (a) The aggregate of all fees collected by the Commissioner
under this Act shall be paid promptly after receipt of the
same, accompanied by a detailed statement thereof, into the
State treasury and shall be set apart in the Savings and
Residential Finance Regulatory Fund, a special fund hereby
created in the State treasury. The amounts deposited into the
Fund shall be used for the ordinary and contingent expenses of
the Office of Banks and Real Estate. Nothing in this Act shall
prevent continuing the practice of paying expenses involving
salaries, retirement, social security, and State-paid
insurance of State officers by appropriation from the General
Revenue Fund.
    (b) Except as otherwise provided in subsection (b-5),
moneys Moneys in the Savings and Residential Finance Regulatory
Fund may not be appropriated, assigned, or transferred to
another State fund. The moneys in the Fund shall be for the
sole benefit of the institutions assessed.
    (b-5) Moneys in the Savings and Residential Finance
Regulatory Fund may be transferred to the Professions Indirect
Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
    (c) All earnings received from investments of funds in the
Savings and Residential Finance Regulatory Fund shall be
deposited into the Savings and Residential Finance Regulatory
Fund and may be used for the same purposes as fees deposited
into that Fund.
(Source: P.A. 92-700, eff. 7-19-02.)
 
    Section 13-25. The Illinois Credit Union Act is amended by
changing Section 12 as follows:
 
    (205 ILCS 305/12)  (from Ch. 17, par. 4413)
    Sec. 12. Regulatory fees.
    (1) A credit union regulated by the Department shall pay a
regulatory fee to the Department based upon its total assets as
shown by its Year-end Call Report at the following rates:
TOTAL ASSETSREGULATORY FEE
$25,000 or less ...............$100
Over $25,000 and not over
$100,000 ......................$100 plus $4 per
$1,000 of assets in excess of
$25,000
Over $100,000 and not over
$200,000 ......................$400 plus $3 per
$1,000 of assets in excess of
$100,000
Over $200,000 and not over
$500,000 ......................$700 plus $2 per
$1,000 of assets in excess of
$200,000
Over $500,000 and not over
$1,000,000 ....................$1,300 plus $1.40
per $1,000 of assets in excess
of $500,000
Over $1,000,000 and not
over $5,000,000................$2,000 plus $0.50
per $1,000 of assets in
excess of $1,000,000
Over $5,000,000 and not
over $30,000,000 .............. $5,080 plus $0.44
per $1,000 assets
in excess of $5,000,000
Over $30,000,000 and not
over $100,000,000 .............$16,192 plus $0.38
per $1,000 of assets in
excess of $30,000,000
Over $100,000,000 and not
over $500,000,000 .............$42,862 plus $0.19
per $1,000 of assets in
excess of $100,000,000
Over $500,000,000 .............$140,625 plus $0.075
per $1,000 of assets in
excess of $500,000,000
    (2) The Director shall review the regulatory fee schedule
in subsection (1) and the projected earnings on those fees on
an annual basis and adjust the fee schedule no more than 5%
annually if necessary to defray the estimated administrative
and operational expenses of the Department as defined in
subsection (5). The Director shall provide credit unions with
written notice of any adjustment made in the regulatory fee
schedule.
    (3) Not later than March 1 of each calendar year, a credit
union shall pay to the Department a regulatory fee for that
calendar year in accordance with the regulatory fee schedule in
subsection (1), on the basis of assets as of the Year-end Call
Report of the preceding year. The regulatory fee shall not be
less than $100 or more than $187,500, provided that the
regulatory fee cap of $187,500 shall be adjusted to incorporate
the same percentage increase as the Director makes in the
regulatory fee schedule from time to time under subsection (2).
No regulatory fee shall be collected from a credit union until
it has been in operation for one year.
    (4) The aggregate of all fees collected by the Department
under this Act shall be paid promptly after they are received,
accompanied by a detailed statement thereof, into the State
Treasury and shall be set apart in the Credit Union Fund, a
special fund hereby created in the State treasury. The amount
from time to time deposited in the Credit Union Fund and shall
be used to offset the ordinary administrative and operational
expenses of the Department under this Act. All earnings
received from investments of funds in the Credit Union Fund
shall be deposited into the Credit Union Fund and may be used
for the same purposes as fees deposited into that Fund. Moneys
in the Credit Union Fund may be transferred to the Professions
Indirect Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
    (5) The administrative and operational expenses for any
calendar year shall mean the ordinary and contingent expenses
for that year incidental to making the examinations provided
for by, and for administering, this Act, including all salaries
and other compensation paid for personal services rendered for
the State by officers or employees of the State to enforce this
Act; all expenditures for telephone and telegraph charges,
postage and postal charges, office supplies and services,
furniture and equipment, office space and maintenance thereof,
travel expenses and other necessary expenses; all to the extent
that such expenditures are directly incidental to such
examination or administration.
    (6) When the aggregate of all fees collected by the
Department under this Act and all earnings thereon for any
calendar year exceeds 150% of the total administrative and
operational expenses under this Act for that year, such excess
shall be credited to credit unions and applied against their
regulatory fees for the subsequent year. The amount credited to
a credit union shall be in the same proportion as the fee paid
by such credit union for the calendar year in which the excess
is produced bears to the aggregate of the fees collected by the
Department under this Act for the same year.
    (7) Examination fees for the year 2000 statutory
examinations paid pursuant to the examination fee schedule in
effect at that time shall be credited toward the regulatory fee
to be assessed the credit union in calendar year 2001.
    (8) Nothing in this Act shall prohibit the General Assembly
from appropriating funds to the Department from the General
Revenue Fund for the purpose of administering this Act.
(Source: P.A. 92-293, eff. 8-9-01; 93-32, eff. 7-1-03; 93-652,
eff. 1-8-04.)
 
    Section 13-30. The Pawnbroker Regulation Act is amended by
changing Section 0.05 as follows:
 
    (205 ILCS 510/0.05)
    Sec. 0.05. Administration of Act.
    (a) This Act shall be administered by the Commissioner of
Banks and Real Estate who shall have all of the following
powers and duties in administering this Act:
        (1) To promulgate reasonable rules for the purpose of
    administering the provisions of this Act.
        (2) To issue orders for the purpose of administering
    the provisions of this Act and any rule promulgated in
    accordance with this Act.
        (3) To appoint hearing officers and to hire employees
    or to contract with appropriate persons to execute any of
    the powers granted to the Commissioner under this Section
    for the purpose of administering this Act and any rule
    promulgated in accordance with this Act.
        (4) To subpoena witnesses, to compel their attendance,
    to administer an oath, to examine any person under oath,
    and to require the production of any relevant books,
    papers, accounts, and documents in the course of and
    pursuant to any investigation being conducted, or any
    action being taken, by the Commissioner in respect of any
    matter relating to the duties imposed upon, or the powers
    vested in, the Commissioner under the provisions of this
    Act or any rule promulgated in accordance with this Act.
        (5) To conduct hearings.
        (6) To impose civil penalties graduated up to $1,000
    against any person for each violation of any provision of
    this Act, any rule promulgated in accordance with this Act,
    or any order of the Commissioner based upon the seriousness
    of the violation.
        (6.5) To initiate, through the Attorney General,
    injunction proceedings whenever it appears to the
    Commissioner that any person, whether licensed under this
    Act or not, is engaged or about to engage in an act or
    practice that constitutes or will constitute a violation of
    this Act or any rule prescribed under the authority of this
    Act. The Commissioner may, in his or her discretion,
    through the Attorney General, apply for an injunction, and
    upon a proper showing, any circuit court may enter a
    permanent or preliminary injunction or a temporary
    restraining order without bond to enforce this Act in
    addition to the penalties and other remedies provided for
    in this Act.
        (7) To issue a cease and desist order and, for
    violations of this Act, any order issued by the
    Commissioner pursuant to this Act, any rule promulgated in
    accordance with this Act, or any other applicable law in
    connection with the operation of a pawnshop, to suspend a
    license issued under this Act for up to 30 days.
        (8) To determine compliance with applicable law and
    rules related to the operation of pawnshops and to verify
    the accuracy of reports filed with the Commissioner, the
    Commissioner, not more than one time every 2 years, may,
    but is not required to, conduct a routine examination of a
    pawnshop, and in addition, the Commissioner may examine the
    affairs of any pawnshop at any time if the Commissioner has
    reasonable cause to believe that unlawful or fraudulent
    activity is occurring, or has occurred, therein.
        (9) In response to a complaint, to address any
    inquiries to any pawnshop in relation to its affairs, and
    it shall be the duty of the pawnshop to promptly reply in
    writing to such inquiries. The Commissioner may also
    require reports or information from any pawnshop at any
    time the Commissioner may deem desirable.
        (10) To revoke a license issued under this Act if the
    Commissioner determines that (a) a licensee has been
    convicted of a felony in connection with the operations of
    a pawnshop; (b) a licensee knowingly, recklessly, or
    continuously violated this Act, a rule promulgated in
    accordance with this Act, or any order of the Commissioner;
    (c) a fact or condition exists that, if it had existed or
    had been known at the time of the original application,
    would have justified license refusal; or (d) the licensee
    knowingly submits materially false or misleading documents
    with the intent to deceive the Commissioner or any other
    party.
        (11) Following license revocation, to take possession
    and control of a pawnshop for the purpose of examination,
    reorganization, or liquidation through receivership and to
    appoint a receiver, which may be the Commissioner, a
    pawnshop, or another suitable person.
    (b) After consultation with local law enforcement
officers, the Attorney General, and the industry, the
Commissioner may by rule require that pawnbrokers operate video
camera surveillance systems to record photographic
representations of customers and retain the tapes produced for
up to 30 days.
    (c) Pursuant to rule, the Commissioner shall issue licenses
on an annual or multi-year basis for operating a pawnshop. Any
person currently operating or who has operated a pawnshop in
this State during the 2 years preceding the effective date of
this amendatory Act of 1997 shall be issued a license upon
payment of the fee required under this Act. New applicants
shall meet standards for a license as established by the
Commissioner. Except with the prior written consent of the
Commissioner, no individual, either a new applicant or a person
currently operating a pawnshop, may be issued a license to
operate a pawnshop if the individual has been convicted of a
felony or of any criminal offense relating to dishonesty or
breach of trust in connection with the operations of a
pawnshop. The Commissioner shall establish license fees. The
fees shall not exceed the amount reasonably required for
administration of this Act. It shall be unlawful to operate a
pawnshop without a license issued by the Commissioner.
    (d) In addition to license fees, the Commissioner may, by
rule, establish fees in connection with a review, approval, or
provision of a service, and levy a reasonable charge to recover
the cost of the review, approval, or service (such as a change
in control, change in location, or renewal of a license). The
Commissioner may also levy a reasonable charge to recover the
cost of an examination if the Commissioner determines that
unlawful or fraudulent activity has occurred. The Commissioner
may require payment of the fees and charges provided in this
Act by certified check, money order, an electronic transfer of
funds, or an automatic debit of an account.
    (e) The Pawnbroker Regulation Fund is established as a
special fund in the State treasury. Moneys collected under this
Act shall be deposited into the Fund and used for the
administration of this Act. In the event that General Revenue
Funds are appropriated to the Office of the Commissioner of
Banks and Real Estate for the initial implementation of this
Act, the Governor may direct the repayment from the Pawnbroker
Regulation Fund to the General Revenue Fund of such advance in
an amount not to exceed $30,000. The Governor may direct this
interfund transfer at such time as he deems appropriate by
giving appropriate written notice. Moneys in the Pawnbroker
Regulation Fund may be transferred to the Professions Indirect
Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
    (f) The Commissioner may, by rule, require all pawnshops to
provide for the expenses that would arise from the
administration of the receivership of a pawnshop under this Act
through the assessment of fees, the requirement to pledge
surety bonds, or such other methods as determined by the
Commissioner.
    (g) All final administrative decisions of the Commissioner
under this Act shall be subject to judicial review pursuant to
the provisions of the Administrative Review Law. For matters
involving administrative review, venue shall be in either
Sangamon County or Cook County.
(Source: P.A. 92-215, eff. 8-2-01.)
 
    Section 13-35. The Transmitters of Money Act is amended by
changing Section 93 as follows:
 
    (205 ILCS 657/93)
    Sec. 93. Consumer Protection Fund.
    (a) A special income-earning fund is hereby created in the
State treasury, known as the TOMA Consumer Protection Fund.
    (b) All moneys paid into the fund together with all
accumulated undistributed income thereon shall be held as a
special fund in the State treasury. The fund shall be used
solely for the purpose of providing restitution to consumers
who have suffered monetary loss arising out of a transaction
regulated by this Act.
    (c) The fund shall be applied only to restitution when
restitution has been ordered by the Director. Restitution shall
not exceed the amount actually lost by the consumer. The fund
shall not be used for the payment of any attorney or other
fees.
    (d) The fund shall be subrogated to the amount of the
restitution, and the Director shall request the Attorney
General to engage in all reasonable collection steps to collect
restitution from the party responsible for the loss and
reimburse the fund.
    (e) Notwithstanding any other provisions of this Section,
the payment of restitution from the fund shall be a matter of
grace and not of right, and no consumer shall have any vested
rights in the fund as a beneficiary or otherwise. Before
seeking restitution from the fund, the consumer or beneficiary
seeking payment of restitution shall apply for restitution on a
form provided by the Director. The form shall include any
information the Director may reasonably require in order to
determine that restitution is appropriate.
    (f) Notwithstanding any other provision of this Section,
moneys in the TOMA Consumer Protection Fund may be transferred
to the Professions Indirect Cost Fund, as authorized under
Section 2105-300 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(Source: P.A. 93-535, eff. 1-1-04.)
 
    Section 13-40. The Illinois Insurance Code is amended by
changing Sections 408.3 and 511.111 as follows:
 
    (215 ILCS 5/408.3)  (from Ch. 73, par. 1020.3)
    Sec. 408.3. Insurance Financial Regulation Fund; uses. The
monies deposited into the Insurance Financial Regulation Fund
shall be used only for (i) payment of the expenses of the
Department, including related administrative expenses,
incurred in analyzing, investigating and examining the
financial condition or control of insurance companies and other
entities licensed or seeking to be licensed by the Department,
including the collection, analysis and distribution of
information on insurance premiums, other income, costs and
expenses, and (ii) to pay internal costs and expenses of the
Interstate Insurance Receivership Commission allocated to this
State and authorized and admitted companies doing an insurance
business in this State under Article X of the Interstate
Receivership Compact. All distributions and payments from the
Insurance Financial Regulation Fund shall be subject to
appropriation as otherwise provided by law for payment of such
expenses.
    Sums appropriated under clause (ii) of the preceding
paragraph shall be deemed to satisfy, pro tanto, the
obligations of insurers doing business in this State under
Article X of the Interstate Insurance Receivership Compact.
    Nothing in this Code shall prohibit the General Assembly
from appropriating funds from the General Revenue Fund to the
Department for the purpose of administering this Code.
    No fees collected pursuant to Section 408 of this Code
shall be used for the regulation of pension funds or activities
by the Department in the performance of its duties under
Article 22 of the Illinois Pension Code.
    If at the end of a fiscal year the balance in the Insurance
Financial Regulation Fund which remains unexpended or
unobligated exceeds the amount of funds that the Director may
certify is needed for the purposes enumerated in this Section,
then the General Assembly may appropriate that excess amount
for purposes other than those enumerated in this Section.
    Moneys in the Insurance Financial Regulation Fund may be
transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 89-247, eff. 1-1-96; 90-372, eff. 7-1-98.)
 
    (215 ILCS 5/511.111)  (from Ch. 73, par. 1065.58-111)
    Sec. 511.111. Insurance Producer Administration Fund. All
fees and fines paid to and collected by the Director under this
Article shall be paid promptly after receipt thereof, together
with a detailed statement of such fees, into a special fund in
the State Treasury to be known as the Insurance Producer
Administration Fund. The monies deposited into the Insurance
Producer Administration Fund shall be used only for payment of
the expenses of the Department and shall be appropriated as
otherwise provided by law for the payment of such expenses.
Moneys in the Insurance Producers Administration Fund may be
transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 84-887.)
 
    Section 13-45. The Auction License Act is amended by
changing Section 30-15 as follows:
 
    (225 ILCS 407/30-15)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30-15. Auction Regulation Administration Fund. A
special fund to be known as the Auction Regulation
Administration Fund is created in the State Treasury. All fees
received by the OBRE under this Act shall be deposited into the
Auction Regulation Administration Fund. Subject to
appropriation, the moneys deposited into the Auction
Regulation Administration Fund shall be used by the OBRE for
the administration of this Act. Moneys in the Auction
Regulation Administration Fund may be invested and reinvested
in the same manner as authorized for pension funds in Article
14 of the Illinois Pension Code. All earnings, interest, and
dividends received from investment of funds in the Auction
Regulation Administration Fund shall be deposited into the
Auction Regulation Administration Fund and shall be used for
the same purposes as other moneys deposited in the Auction
Regulation Administration Fund.
    This fund shall be created on July 1, 1999. The State
Treasurer shall cause a transfer of $300,000 to the Auction
Regulation Administration Fund from the Real Estate License
Administration Fund on August 1, 1999. The State Treasurer
shall cause a transfer of $200,000 on August 1, 2000 and a
transfer of $100,000 on January 1, 2002 from the Auction
Regulation Administration Fund to the Real Estate License
Administration Fund, or if there is a sufficient fund balance
in the Auction Regulation Administration Fund to properly
administer this Act, the OBRE may recommend to the State
Treasurer to cause a transfer from the Auction Regulation
Administration Fund to the Real Estate License Administration
Fund on a date and in an amount which is accelerated, but not
less than set forth in this Section. In addition to the license
fees required under this Act, each initial applicant for
licensure under this Act shall pay to the OBRE an additional
$100 for deposit into the Auction Regulation Administration
Fund for a period of 2 years or until such time the original
transfer amount to the Auction Regulation Administration Fund
from the Real Estate License Administration Fund is repaid.
    Moneys in the Auction Regulation Administration Fund may be
transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
    Upon completion of any audit of the OBRE as prescribed by
the Illinois State Auditing Act, which includes an audit of the
Auction Regulation Administration Fund, the OBRE shall make the
audit open to inspection by any interested party.
(Source: P.A. 91-603, eff. 8-16-99.)
 
    Section 13-50. The Home Inspector License Act is amended by
changing Section 25-5 as follows:
 
    (225 ILCS 441/25-5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 25-5. Home Inspector Administration Fund; surcharge.
    (a) The Home Inspector Administration Fund is created as a
special fund in the State Treasury. All fees, fines, and
penalties received by OBRE under this Act shall be deposited
into the Home Inspector Administration Fund. All earnings
attributable to investment of funds in the Home Inspector
Administration Fund shall be credited to the Home Inspector
Administration Fund. Subject to appropriation, the moneys in
the Home Inspector Administration Fund shall be appropriated to
OBRE for the expenses incurred by OBRE and the Board in the
administration of this Act.
    (b) The State Comptroller and State Treasurer shall
transfer $150,000 from the Real Estate License Administration
Fund to the Home Inspector Administration Fund on July 1, 2002.
    The State Treasurer shall transfer $50,000 from the Home
Inspector Administration Fund to the Real Estate License
Administration Fund on July 1, 2003, July 1, 2004, and July 1,
2005; except that if there is a sufficient fund balance in the
Home Inspector Administration Fund, the Commissioner may
recommend the acceleration of any of these repayment transfers
to the State Comptroller and State Treasurer, who may, in their
discretion, accelerate the transfers in accordance with the
Commissioner's recommendation.
    (c) Until a total of $150,000 has been transferred to the
Real Estate License Administration Fund from the Home Inspector
Administration Fund under subsection (b), each initial
applicant for a license under this Act shall pay to OBRE a
surcharge of $150 in addition to the license fees otherwise
required under this Act.
    (c-5) Moneys in the Home Inspection Administration Fund may
be transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
    (d) Upon the completion of any audit of OBRE, as prescribed
by the Illinois State Auditing Act, that includes an audit of
the Home Inspector Administration Fund, OBRE shall make the
audit report open to inspection by any interested person.
(Source: P.A. 92-239, eff. 8-3-01.)
 
    Section 13-55. The Real Estate License Act of 2000 is
amended by changing Sections 25-25, 25-30, and 25-37 as
follows:
 
    (225 ILCS 454/25-25)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 25-25. Real Estate Research and Education Fund. A
special fund to be known as the Real Estate Research and
Education Fund is created and shall be held in trust in the
State Treasury. Annually, on September 15th, the State
Treasurer shall cause a transfer of $125,000 to the Real Estate
Research and Education Fund from the Real Estate License
Administration Fund. The Real Estate Research and Education
Fund shall be administered by OBRE. Money deposited in the Real
Estate Research and Education Fund may be used for research and
education at state institutions of higher education or other
organizations for research and the advancement of education in
the real estate industry. Of the $125,000 annually transferred
into the Real Estate Research and Education Fund, $15,000 shall
be used to fund a scholarship program for persons of minority
racial origin who wish to pursue a course of study in the field
of real estate. For the purposes of this Section, "course of
study" means a course or courses that are part of a program of
courses in the field of real estate designed to further an
individual's knowledge or expertise in the field of real
estate. These courses shall include without limitation courses
that a salesperson licensed under this Act must complete to
qualify for a real estate broker's license, courses required to
obtain the Graduate Realtors Institute designation, and any
other courses or programs offered by accredited colleges,
universities, or other institutions of higher education in
Illinois. The scholarship program shall be administered by OBRE
or its designee. Moneys in the Real Estate Research and
Education Fund may be invested and reinvested in the same
manner as funds in the Real Estate Recovery Fund and all
earnings, interest, and dividends received from such
investments shall be deposited in the Real Estate Research and
Education Fund and may be used for the same purposes as moneys
transferred to the Real Estate Research and Education Fund.
Moneys in the Real Estate Research and Education Fund may be
transferred to the Professions Indirect Cost Fund as authorized
under Section 2105-300 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(Source: P.A. 91-245, eff. 12-31-99.)
 
    (225 ILCS 454/25-30)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 25-30. Real Estate License Administration Fund;
audit. A special fund to be known as the Real Estate License
Administration Fund is created in the State Treasury. All fees
received by OBRE under this Act shall be deposited in the Real
Estate License Administration Fund. The moneys deposited in the
Real Estate License Administration Fund shall be appropriated
to OBRE for expenses of OBRE and the Board in the
administration of this Act and for the administration of any
Act administered by OBRE providing revenue to this Fund. Moneys
in the Real Estate License Administration Fund may be invested
and reinvested in the same manner as funds in the Real Estate
Recovery Fund. All earnings received from such investment shall
be deposited in the Real Estate License Administration Fund and
may be used for the same purposes as fees deposited in the Real
Estate License Administration Fund. Moneys in the Real Estate
License Administration Fund may be transferred to the
Professions Indirect Cost Fund as authorized under Section
2105-300 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois. Upon the completion
of any audit of OBRE, as prescribed by the Illinois State
Auditing Act, which includes an audit of the Real Estate
License Administration Fund, OBRE shall make the audit open to
inspection by any interested person.
(Source: P.A. 91-245, eff. 12-31-99.)
 
    (225 ILCS 454/25-37)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 25-37. Real Estate Audit Fund; audit of special
accounts; audit of fund.
    (a) A special fund to be known as the Real Estate Audit
Fund is created in the State Treasury. The State Treasurer
shall cause a transfer of $200,000 from the Real Estate License
Administration Fund to the Real Estate Audit Fund on January 1,
2002. If, at any time, the balance in the Real Estate Audit
Fund is less than $25,000, the State Treasurer shall cause a
transfer of $200,000 from the Real Estate License
Administration Fund to the Real Estate Audit Fund. The moneys
held in the Real Estate Audit Fund shall be used exclusively by
OBRE to conduct audits of special accounts of moneys belonging
to others held by a broker.
    (b) Upon receipt of a complaint or evidence by OBRE
sufficient to cause OBRE to reasonably believe that funds
required to be maintained in a special account by a broker have
been misappropriated, the broker shall, within 30 days of
written notice, submit to an audit of all special accounts.
Such audit shall be performed by a licensed certified public
accountant, shall result in a written report by the accountant,
and shall specifically refer to the escrow and record-keeping
requirements of this Act and the rules adopted under this Act.
If it is found, pursuant to an order issued by the
Commissioner, that moneys required to be maintained in a
special account by a broker were misappropriated, as further
defined by rule, the broker shall reimburse OBRE, in addition
to any other discipline or civil penalty imposed, for the cost
of the audit performed pursuant to this Section. OBRE may file
in circuit court for a judgment to enforce the collection of
the reimbursement of the cost of such audit. Any reimbursement
collected by OBRE shall be deposited into the Real Estate Audit
Fund.
    (c) Moneys in the Real Estate Audit Fund may be invested
and reinvested in the same manner as funds in the Real Estate
Recovery Fund. All earnings received from such investment shall
be deposited in the Real Estate Audit Fund and may be used for
the same purpose as other moneys deposited in the Real Estate
Audit Fund. Moneys in the Real Estate Audit Fund may be
transferred to the Professions Indirect Cost Fund as authorized
under Section 2105-300 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
Upon completion of any audit of OBRE, prescribed by the
Illinois State Auditing Act, which includes an audit of the
Real Estate Audit Fund, OBRE shall make the audit open to
inspection by any interested person.
(Source: P.A. 92-217, eff. 8-2-01.)
 
    Section 13-60. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 25-5 as follows:
 
    (225 ILCS 458/25-5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 25-5. Appraisal Administration Fund; surcharge. The
Appraisal Administration Fund is created as a special fund in
the State Treasury. All fees, fines, and penalties received by
OBRE under this Act shall be deposited into the Appraisal
Administration Fund. All earnings attributable to investment
of funds in the Appraisal Administration Fund shall be credited
to the Appraisal Administration Fund. Subject to
appropriation, the moneys in the Appraisal Administration Fund
shall be paid to OBRE for the expenses incurred by OBRE and the
Board in the administration of this Act. Moneys in the
Appraisal Administration Fund may be transferred to the
Professions Indirect Cost Fund as authorized under Section
2105-300 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
    Upon the completion of any audit of OBRE, as prescribed by
the Illinois State Auditing Act, which shall include an audit
of the Appraisal Administration Fund, OBRE shall make the audit
report open to inspection by any interested person.
(Source: P.A. 92-180, eff. 7-1-02.)
 
ARTICLE 15

 
    Section 15-5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-200 as follows:
 
    (20 ILCS 2705/2705-200)  (was 20 ILCS 2705/49.16)
    Sec. 2705-200. Master plan; reporting requirements.
    (a) The Department has the power to develop and maintain a
continuing, comprehensive, and integrated planning process
that shall develop and periodically revise a statewide master
plan for transportation to guide program development and to
foster efficient and economical transportation services in
ground, air, water, and all other modes of transportation
throughout the State. The Department shall coordinate its
transportation planning activities with those of other State
agencies and authorities and shall supervise and review any
transportation planning performed by other Executive agencies
under the direction of the Governor. The Department shall
cooperate and participate with federal, regional, interstate,
State, and local agencies, in accordance with Sections 5-301
and 7-301 of the Illinois Highway Code, and with interested
private individuals and organizations in the coordination of
plans and policies for development of the state's
transportation system.
    To meet the provisions of this Section, the Department
shall publish and deliver to the Governor and General Assembly
by January 1, 1982 and every 2 years thereafter, its master
plan for highway, waterway, aeronautic, mass transportation,
and railroad systems. The plan shall identify priority
subsystems or components of each system that are critical to
the economic and general welfare of this State regardless of
public jurisdictional responsibility or private ownership.
    The master plan shall provide particular emphasis and
detail of at least the 5-year 5 year period in the immediate
future.
    Annual and 5-year, or longer, 5 year project programs for
each State system in this Section shall be published and
furnished the General Assembly on the first Wednesday in April
of each year.
    Identified needs included in the project programs shall be
listed and mapped in a distinctive fashion to clearly identify
the priority status of the projects: (1) projects to be
committed for execution; (2) tentative projects that are
dependent upon funding or other constraints; and (3) needed
projects that are not programmed due to lack of funding or
other constraints.
    All projects shall be related to the priority systems of
the master plan, and the priority criteria identified. Cost and
estimated completion dates shall be included for work required
to complete a useable segment or component beyond the 5 year
period of the program.
    (b) The Department shall publish and deliver to the
Governor and General Assembly on the first Wednesday in April
of each year a 5-year, or longer, Highway Improvement Program
reporting the number of fiscal years each project has been on
previous 5-year plans submitted by the Department.
    (c) The Department shall publish and deliver to the
Governor and the General Assembly by November 1 of each year a
For the Record report that shall include the following:
        (1) All the projects accomplished in the previous
    fiscal year listed by each Illinois Department of
    Transportation District.
        (2) The award cost and the beginning dates of each
    listed project.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,
eff. 6-28-01.)
 
ARTICLE 20

 
    Section 20-5. The State Finance Act is amended by changing
Sections 5.595 (as added by Public Act 93-18), 6z-14, 6z-32,
6z-40, 6z-63, 6z-64, 6z-65, 8.3, 8.33, 8g, and 15a as follows:
 
    (30 ILCS 105/5.595, from P.A. 93-18)
    Sec. 5.595. The Illinois Senior Citizens and Disabled
Persons Prescription Drug Discount Program Fund.
(Source: P.A. 93-18, eff. 7-1-03.)
 
    (30 ILCS 105/6z-14)  (from Ch. 127, par. 142z-14)
    Sec. 6z-14. The following items of income received by the
Department of Natural Resources from patents and copyrights of
the Illinois Scientific Surveys shall be deposited into the
General Revenue Fund may be retained by the Department and
covered in a special fund in the State Treasury to be known as
the Patent and Copyright Fund: funds received in connection
with the retention, receipt, assignment, license, sale or
transfer of interests in, rights to or income from discoveries,
inventions, patents or copyrightable works. All interest
earned on monies in this Fund shall be deposited in the General
Revenue Fund. Pursuant to appropriation, all monies in the
Patent and Copyright Fund shall be used by the Department may
use moneys appropriated for that purpose for patenting or
copyrighting discoveries, inventions or copyrightable works or
supporting other programs of the Illinois Scientific Surveys.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (30 ILCS 105/6z-32)
    Sec. 6z-32. Conservation 2000.
    (a) The Conservation 2000 Fund and the Conservation 2000
Projects Fund are created as special funds in the State
Treasury. These funds shall be used to establish a
comprehensive program to protect Illinois' natural resources
through cooperative partnerships between State government and
public and private landowners. Moneys in these Funds may be
used, subject to appropriation, by the Environmental
Protection Agency and the Departments of Agriculture, Natural
Resources, and Transportation for purposes relating to natural
resource protection, recreation, tourism, and compatible
agricultural and economic development activities. Without
limiting these general purposes, moneys in these Funds may be
used, subject to appropriation, for the following specific
purposes:
        (1) To foster sustainable agriculture practices and
    control soil erosion and sedimentation, including grants
    to Soil and Water Conservation Districts for conservation
    practice cost-share grants and for personnel, educational,
    and administrative expenses.
        (2) To establish and protect a system of ecosystems in
    public and private ownership through conservation
    easements, incentives to public and private landowners,
    including technical assistance and grants, and land
    acquisition provided these mechanisms are all voluntary on
    the part of the landowner and do not involve the use of
    eminent domain.
        (3) To develop a systematic and long-term program to
    effectively measure and monitor natural resources and
    ecological conditions through investments in technology
    and involvement of scientific experts.
        (4) To initiate strategies to enhance, use, and
    maintain Illinois' inland lakes through education,
    technical assistance, research, and financial incentives.
        (5) To conduct an extensive review of existing Illinois
    water laws.
    (b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month, beginning
on September 30, 1995 and ending on June 30, 2009, from the
General Revenue Fund to the Conservation 2000 Fund, an amount
equal to 1/10 of the amount set forth below in fiscal year 1996
and an amount equal to 1/12 of the amount set forth below in
each of the other specified fiscal years:
Fiscal Year Amount
1996$ 3,500,000
1997$ 9,000,000
1998$10,000,000
1999$11,000,000
2000$12,500,000
2001 through 2004$14,000,000
2005 $7,000,000
2006 $11,000,000
2007 2006 through 2009.................. $14,000,000
    (c) There shall be deposited into the Conservation 2000
Projects Fund such bond proceeds and other moneys as may, from
time to time, be provided by law.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (30 ILCS 105/6z-40)
    Sec. 6z-40. Provider Inquiry Trust Fund. The Provider
Inquiry Trust Fund is created as a special fund in the State
treasury. Payments into the fund shall consist of fees or other
moneys owed by providers of services or their agents, including
other State agencies, for access to and utilization of Illinois
Department of Public Aid eligibility files to verify
eligibility of clients, bills for services, or other similar,
related uses. Disbursements from the fund shall consist of
payments to the Department of Central Management Services for
communication telecommunication and statistical services and
for payments for administrative expenses incurred by the
Illinois Department of Public Aid in the operation of the fund.
(Source: P.A. 89-21, eff. 7-1-95.)
 
    (30 ILCS 105/6z-63)
    Sec. 6z-63. The Professional Services Fund.
    (a) The Professional Services Fund is created as a
revolving fund in the State treasury. The following moneys
shall be deposited into the Fund:
        (1) amounts authorized for transfer to the Fund from
    the General Revenue Fund and other State funds (except for
    funds classified by the Comptroller as federal trust funds
    or State trust funds) pursuant to State law or Executive
    Order;
        (2) federal funds received by the Department of Central
    Management Services (the "Department") as a result of
    expenditures from the Fund;
        (3) interest earned on moneys in the Fund; and
        (4) receipts or inter-fund transfers resulting from
    billings issued by the Department to State agencies for the
    cost of professional services rendered by the Department
    that are not compensated through the specific fund
    transfers authorized by this Section.
    (b) Moneys in the Fund may be used by the Department for
reimbursement or payment for:
        (1) providing professional services to State agencies
    or other State entities;
        (2) rendering other services at the Governor's
    direction to State agencies at the Governor's direction or
    to other State entities upon agreement between the Director
    of Central Management Services and the appropriate
    official or governing body of the other State entity; or
        (3) providing for payment of administrative and other
    expenses incurred by the Department in providing
    professional services.
    (c) State agencies or other State entities may direct the
Comptroller to process inter-fund transfers or make payment
through the voucher and warrant process to the Professional
Services Fund in satisfaction of billings issued under
subsection (a) of this Section.
    (d) Reconciliation. For the fiscal year beginning on July
1, 2004 only, the The Director of Central Management Services
(the "Director") shall order that each State agency's payments
and transfers made to the Fund be reconciled with actual Fund
costs for professional services provided by the Department on
no less than an annual basis. The Director may require reports
from State agencies as deemed necessary to perform this
reconciliation.
    (e) The following amounts are authorized for transfer into
the Professional Services Fund for the fiscal year beginning
July 1, 2004:
    General Revenue Fund...........................$5,440,431
    Road Fund........................................$814,468
    Motor Fuel Tax Fund..............................$263,500
    Child Support Administrative Fund................$234,013
    Professions Indirect Cost Fund...................$276,800
    Capital Development Board Revolving Fund.........$207,610
    Bank & Trust Company Fund........................$200,214
    State Lottery Fund...............................$193,691
    Insurance Producer Administration Fund...........$174,672
    Insurance Financial Regulation Fund..............$168,327
    Illinois Clean Water Fund........................$124,675
    Clean Air Act (CAA) Permit Fund...................$91,803
    Statistical Services Revolving Fund...............$90,959
    Financial Institution Fund.......................$109,428
    Horse Racing Fund.................................$71,127
    Health Insurance Reserve Fund.....................$66,577
    Solid Waste Management Fund.......................$61,081
    Guardianship and Advocacy Fund.....................$1,068
    Agricultural Premium Fund............................$493
    Wildlife and Fish Fund...............................$247
    Radiation Protection Fund.........................$33,277
    Nuclear Safety Emergency Preparedness Fund........$25,652
    Tourism Promotion Fund............................$6,814
    All of these transfers shall be made on July 1, 2004, or as
soon thereafter as practical. These transfers shall be made
notwithstanding any other provision of State law to the
contrary.
    (e-5) Notwithstanding any other provision of State law to
the contrary, on or after July 1, 2005 and through June 30,
2006, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Director of Central Management Services, the State Comptroller
shall direct and the State Treasurer shall transfer amounts
into the Professional Services Fund from the designated funds
not exceeding the following totals:
    Food and Drug Safety Fund..............................$3,249
    Financial Institution Fund............................$12,942
    General Professions Dedicated Fund.....................$8,579
    Illinois Department of Agriculture
        Laboratory Services Revolving Fund...................$1,963
    Illinois Veterans' Rehabilitation Fund................$11,275
    State Boating Act Fund................................$27,000
    State Parks Fund......................................$22,007
    Agricultural Premium Fund.............................$59,483
    Fire Prevention Fund..................................$29,862
    Mental Health Fund....................................$78,213
    Illinois State Pharmacy Disciplinary Fund..............$2,744
    Radiation Protection Fund.............................$16,034
    Solid Waste Management Fund...........................$37,669
    Illinois Gaming Law Enforcement Fund...................$7,260
    Subtitle D Management Fund.............................$4,659
    Illinois State Medical Disciplinary Fund...............$8,602
    Department of Children and
        Family Services Training Fund.........................$29,906
    Facility Licensing Fund................................$1,083
    Youth Alcoholism and Substance
        Abuse Prevention Fund..................................$2,783
    Plugging and Restoration Fund..........................$1,105
    State Crime Laboratory Fund............................$1,353
    Motor Vehicle Theft Prevention Trust Fund..............$9,190
    Weights and Measures Fund..............................$4,932
    Solid Waste Management Revolving
        Loan Fund..............................................$2,735
    Illinois School Asbestos Abatement Fund................$2,166
    Violence Prevention Fund...............................$5,176
    Capital Development Board Revolving Fund..............$14,777
    DCFS Children's Services Fund......................$1,256,594
    State Police DUI Fund..................................$1,434
    Illinois Health Facilities Planning Fund...............$3,191
    Emergency Public Health Fund...........................$7,996
    Fair and Exposition Fund...............................$3,732
    Nursing Dedicated and Professional Fund................$5,792
    Optometric Licensing and Disciplinary Board Fund.......$1,032
    Underground Resources Conservation Enforcement Fund....$1,221
    State Rail Freight Loan Repayment Fund.................$6,434
    Drunk and Drugged Driving Prevention Fund..............$5,473
    Illinois Affordable Housing Trust Fund...............$118,222
    Community Water Supply Laboratory Fund................$10,021
    Used Tire Management Fund.............................$17,524
    Natural Areas Acquisition Fund........................$15,501
    Open Space Lands Acquisition
        and Development Fund..................................$49,105
    Working Capital Revolving Fund.......................$126,344
    State Garage Revolving Fund...........................$92,513
    Statistical Services Revolving Fund..................$181,949
    Paper and Printing Revolving Fund......................$3,632
    Air Transportation Revolving Fund......................$1,969
    Communications Revolving Fund........................$304,278
    Environmental Laboratory Certification Fund............$1,357
    Public Health Laboratory Services Revolving Fund.......$5,892
    Provider Inquiry Trust Fund............................$1,742
    Lead Poisoning Screening,
        Prevention, and Abatement Fund.........................$8,200
    Drug Treatment Fund...................................$14,028
    Feed Control Fund......................................$2,472
    Plumbing Licensure and Program Fund....................$3,521
    Insurance Premium Tax Refund Fund......................$7,872
    Tax Compliance and Administration Fund.................$5,416
    Appraisal Administration Fund..........................$2,924
    Trauma Center Fund....................................$40,139
    Alternate Fuels Fund...................................$1,467
    Illinois State Fair Fund..............................$13,844
    State Asset Forfeiture Fund............................$8,210
    Federal Asset Forfeiture Fund..........................$6,471
    Department of Corrections Reimbursement
        and Education Fund....................................$78,965
    Health Facility Plan Review Fund.......................$3,444
    LEADS Maintenance Fund.................................$6,075
    State Offender DNA Identification
        System Fund............................................$1,712
    Illinois Historic Sites Fund...........................$4,511
    Public Pension Regulation Fund.........................$2,313
    Workforce, Technology, and Economic
        Development Fund.......................................$5,357
    Renewable Energy Resources Trust Fund.................$29,920
    Energy Efficiency Trust Fund...........................$8,368
    Pesticide Control Fund.................................$6,687
    Conservation 2000 Fund................................$30,764
    Wireless Carrier Reimbursement Fund...................$91,024
    International Tourism Fund............................$13,057
    Public Transportation Fund...........................$701,837
    Horse Racing Fund.....................................$18,589
    Death Certificate Surcharge Fund.......................$1,901
    State Police Wireless Service
        Emergency Fund.........................................$1,012
    Downstate Public Transportation Fund.................$112,085
    Motor Carrier Safety Inspection Fund...................$6,543
    State Police Whistleblower Reward
        and Protection Fund....................................$1,894
    Illinois Standardbred Breeders Fund....................$4,412
    Illinois Thoroughbred Breeders Fund....................$6,635
    Illinois Clean Water Fund.............................$17,579
    Independent Academic Medical Center Fund...............$5,611
    Child Support Administrative Fund....................$432,527
    Corporate Headquarters Relocation
        Assistance Fund........................................$4,047
    Local Initiative Fund.................................$58,762
    Tourism Promotion Fund................................$88,072
    Digital Divide Elimination Fund.......................$11,593
    Presidential Library and Museum Operating Fund.........$4,624
    Metro-East Public Transportation Fund.................$47,787
    Medical Special Purposes Trust Fund...................$11,779
    Dram Shop Fund........................................$11,317
    Illinois State Dental Disciplinary Fund................$1,986
    Hazardous Waste Research Fund..........................$1,333
    Real Estate License Administration Fund...............$10,886
    Traffic and Criminal Conviction
        Surcharge Fund........................................$44,798
    Criminal Justice Information
        Systems Trust Fund.....................................$5,693
    Design Professionals Administration
        and Investigation Fund.................................$2,036
    State Surplus Property Revolving Fund..................$6,829
    Illinois Forestry Development Fund.....................$7,012
    State Police Services Fund............................$47,072
    Youth Drug Abuse Prevention Fund.......................$1,299
    Metabolic Screening and Treatment Fund................$15,947
    Insurance Producer Administration Fund................$30,870
    Coal Technology Development Assistance Fund...........$43,692
    Rail Freight Loan Repayment Fund.......................$1,016
    Low-Level Radioactive Waste
        Facility Development and Operation Fund..............$1,989
    Environmental Protection Permit and Inspection Fund...$32,125
    Park and Conservation Fund............................$41,038
    Local Tourism Fund....................................$34,492
    Illinois Capital Revolving Loan Fund..................$10,624
    Illinois Equity Fund...................................$1,929
    Large Business Attraction Fund.........................$5,554
    Illinois Beach Marina Fund.............................$5,053
    International and Promotional Fund.....................$1,466
    Public Infrastructure Construction
        Loan Revolving Fund....................................$3,111
    Insurance Financial Regulation Fund...................$42,575
    Total                                         $4,975,487
    (e-10) Notwithstanding any other provision of State law to
the contrary and in addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer from each designated fund
into the Professional Services Fund amounts equal to one-fourth
of each of the following totals:
    General Revenue Fund...............................$4,440,000
    Road Fund..........................................$5,324,411
    Total                                         $9,764,411
    (f) The term "professional services" means services
rendered on behalf of State agencies and other State entities
pursuant to Section 405-293 of the Department of Central
Management Services Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (30 ILCS 105/6z-64)
    Sec. 6z-64. The Workers' Compensation Revolving Fund.
    (a) The Workers' Compensation Revolving Fund is created as
a revolving fund in the State treasury. The following moneys
shall be deposited into the Fund:
        (1) amounts authorized for transfer to the Fund from
    the General Revenue Fund and other State funds (except for
    funds classified by the Comptroller as federal trust funds
    or State trust funds) pursuant to State law or Executive
    Order;
        (2) federal funds received by the Department of Central
    Management Services (the "Department") as a result of
    expenditures from the Fund;
        (3) interest earned on moneys in the Fund;
        (4) receipts or inter-fund transfers resulting from
    billings issued by the Department to State agencies and
    universities for the cost of workers' compensation
    services rendered by the Department that are not
    compensated through the specific fund transfers authorized
    by this Section, if any;
        (5) amounts received from a State agency or university
    for workers' compensation payments for temporary total
    disability, as provided in Section 405-105 of the
    Department of Central Management Services Law of the Civil
    Administrative Code of Illinois; and
        (6) amounts recovered through subrogation in workers'
    compensation and workers' occupational disease cases.
    (b) Moneys in the Fund may be used by the Department for
reimbursement or payment for:
        (1) providing workers' compensation services to State
    agencies and State universities; or
        (2) providing for payment of administrative and other
    expenses incurred by the Department in providing workers'
    compensation services.
    (c) State agencies may direct the Comptroller to process
inter-fund transfers or make payment through the voucher and
warrant process to the Workers' Compensation Revolving Fund in
satisfaction of billings issued under subsection (a) of this
Section.
    (d) Reconciliation. For the fiscal year beginning on July
1, 2004 only, the The Director of Central Management Services
(the "Director") shall order that each State agency's payments
and transfers made to the Fund be reconciled with actual Fund
costs for workers' compensation services provided by the
Department and attributable to the State agency and relevant
fund on no less than an annual basis. The Director may require
reports from State agencies as deemed necessary to perform this
reconciliation.
    (d-5) Notwithstanding any other provision of State law to
the contrary, on or after July 1, 2005 and until June 30, 2006,
in addition to any other transfers that may be provided for by
law, at the direction of and upon notification of the Director
of Central Management Services, the State Comptroller shall
direct and the State Treasurer shall transfer amounts into the
Workers' Compensation Revolving Fund from the designated funds
not exceeding the following totals:
    Mental Health Fund................................$17,694,000
    Statistical Services Revolving Fund................$1,252,600
    Department of Corrections Reimbursement
        and Education Fund.................................$1,198,600
    Communications Revolving Fund........................$535,400
    Child Support Administrative Fund....................$441,900
    Health Insurance Reserve Fund........................$238,900
    Fire Prevention Fund.................................$234,100
    Park and Conservation Fund...........................$142,000
    Motor Fuel Tax Fund..................................$132,800
    Illinois Workers' Compensation
        Commission Operations Fund...........................$123,900
    State Boating Act Fund...............................$112,300
    Public Utility Fund..................................$106,500
    State Lottery Fund...................................$101,300
    Traffic and Criminal Conviction
        Surcharge Fund........................................$88,500
    State Surplus Property Revolving Fund.................$82,700
    Natural Areas Acquisition Fund........................$65,600
    Securities Audit and Enforcement Fund.................$65,200
    Agricultural Premium Fund.............................$63,400
    Capital Development Fund..............................$57,500
    State Gaming Fund.....................................$54,300
    Underground Storage Tank Fund.........................$53,700
    Illinois State Medical Disciplinary Fund..............$53,000
    Personal Property Tax Replacement Fund................$53,000
    General Professions Dedicated Fund....................$51,900
    Total                                        $23,003,100
    (d-10) Notwithstanding any other provision of State law to
the contrary and in addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer from each designated fund
into the Workers' Compensation Revolving Fund amounts equal to
one-fourth of each of the following totals:
    General Revenue Fund..............................$34,000,000
    Road Fund.........................................$25,987,000
    Total                                        $59,987,000
    (e) The term "workers' compensation services" means
services, claims expenses, and related administrative costs
incurred in performing the duties under functions consolidated
within the Department of Central Management Services under
Sections 405-105 and Section 405-411 of the Department of
Central Management Services Law of the Civil Administrative
Code of Illinois.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (30 ILCS 105/6z-65)
    Sec. 6z-65. The Facilities Management Revolving Fund.
    (a) The Facilities Management Revolving Fund is created as
a revolving fund in the State treasury. The following moneys
shall be deposited into the Fund:
        (1) amounts authorized for transfer to the Fund from
    the General Revenue Fund and other State funds (except for
    funds classified by the Comptroller as federal trust funds
    or State trust funds) pursuant to State law or Executive
    Order;
        (2) federal funds received by the Department of Central
    Management Services (the "Department") as a result of
    expenditures from the Fund;
        (3) interest earned on moneys in the Fund;
        (4) receipts or inter-fund transfers resulting from
    billings issued by the Department to State agencies for the
    cost of facilities management services rendered by the
    Department that are not compensated through the specific
    fund transfers authorized by this Section, if any; and
        (5) fees from the lease, rental, use, or occupancy of
    State facilities managed, operated, or maintained by the
    Department.
    (b) Moneys in the Fund may be used by the Department for
reimbursement or payment for:
        (1) the acquisition and operation of State facilities,
    including, without limitation, rental or installment
    payments and interest, personal services, utilities,
    maintenance, and remodeling; or
        (2) providing for payment of administrative and other
    expenses incurred by the Department in providing
    facilities management services.
    (c) State agencies may direct the Comptroller to process
inter-fund transfers or make payment through the voucher and
warrant process to the Facilities Management Revolving Fund in
satisfaction of billings issued under subsection (a) of this
Section.
    (d) Reconciliation. For the fiscal year beginning July 1,
2004 only, the The Director of Central Management Services (the
"Director") shall order that each State agency's payments and
transfers made to the Fund be reconciled with actual Fund costs
for facilities management services provided by the Department
and attributable to the State agency and relevant fund on no
less than an annual basis. The Director may require reports
from State agencies as deemed necessary to perform this
reconciliation.
    (e) The term "facilities management services" means
services performed by the Department in providing for the
acquisition, occupancy, management, and operation of State
owned and leased buildings, facilities, structures, grounds,
or the real property under management of the Department.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
    Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code, except the cost
    of administration of Articles I and II of Chapter 3 of that
    Code; and
        secondly -- for expenses of the Department of
    Transportation for construction, reconstruction,
    improvement, repair, maintenance, operation, and
    administration of highways in accordance with the
    provisions of laws relating thereto, or for any purpose
    related or incident to and connected therewith, including
    the separation of grades of those highways with railroads
    and with highways and including the payment of awards made
    by the Illinois Workers' Compensation Commission under the
    terms of the Workers' Compensation Act or Workers'
    Occupational Diseases Act for injury or death of an
    employee of the Division of Highways in the Department of
    Transportation; or for the acquisition of land and the
    erection of buildings for highway purposes, including the
    acquisition of highway right-of-way or for investigations
    to determine the reasonably anticipated future highway
    needs; or for making of surveys, plans, specifications and
    estimates for and in the construction and maintenance of
    flight strips and of highways necessary to provide access
    to military and naval reservations, to defense industries
    and defense-industry sites, and to the sources of raw
    materials and for replacing existing highways and highway
    connections shut off from general public use at military
    and naval reservations and defense-industry sites, or for
    the purchase of right-of-way, except that the State shall
    be reimbursed in full for any expense incurred in building
    the flight strips; or for the operating and maintaining of
    highway garages; or for patrolling and policing the public
    highways and conserving the peace; or for the operating
    expenses of the Department relating to the administration
    of public transportation programs; or for any of those
    purposes or any other purpose that may be provided by law.
    Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
    Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement;
        1. Department of Public Health;
        2. Department of Transportation, only with respect to
    subsidies for one-half fare Student Transportation and
    Reduced Fare for Elderly;
        3. Department of Central Management Services, except
    for expenditures incurred for group insurance premiums of
    appropriate personnel;
        4. Judicial Systems and Agencies.
    Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of State Police, except for expenditures
    with respect to the Division of Operations;
        2. Department of Transportation, only with respect to
    Intercity Rail Subsidies and Rail Freight Services.
    Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of State Police, except not more than 40%
    of the funds appropriated for the Division of Operations;
        2. State Officers.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
    Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code; and
        secondly -- no Road Fund monies derived from fees,
    excises, or license taxes relating to registration,
    operation and use of vehicles on public highways or to
    fuels used for the propulsion of those vehicles, shall be
    appropriated or expended other than for costs of
    administering the laws imposing those fees, excises, and
    license taxes, statutory refunds and adjustments allowed
    thereunder, administrative costs of the Department of
    Transportation, including, but not limited to, the
    operating expenses of the Department relating to the
    administration of public transportation programs, payment
    of debts and liabilities incurred in construction and
    reconstruction of public highways and bridges, acquisition
    of rights-of-way for and the cost of construction,
    reconstruction, maintenance, repair, and operation of
    public highways and bridges under the direction and
    supervision of the State, political subdivision, or
    municipality collecting those monies, and the costs for
    patrolling and policing the public highways (by State,
    political subdivision, or municipality collecting that
    money) for enforcement of traffic laws. The separation of
    grades of such highways with railroads and costs associated
    with protection of at-grade highway and railroad crossing
    shall also be permissible.
    Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as provided
in Section 8 of the Motor Fuel Tax Law.
    Except as provided in this paragraph, beginning with fiscal
year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of its total fiscal year 1990 Road
Fund appropriations for those purposes unless otherwise
provided in Section 5g of this Act. For fiscal years 2003,
2004, and 2005, and 2006 only, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of $97,310,000. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
    In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of this
Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
    Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State for
the purposes of this Section in excess of the total fiscal year
1994 Road Fund appropriations to the Secretary of State for
those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
    Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
        Fiscal Year 2000$80,500,000;
        Fiscal Year 2001$80,500,000;
        Fiscal Year 2002$80,500,000;
        Fiscal Year 2003$130,500,000;
        Fiscal Year 2004$130,500,000;
        Fiscal Year 2005$130,500,000;
        Fiscal Year 2006 $130,500,000;
        Fiscal Year 2007 2006 and$30,500,000.
        each year thereafter
    It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
    No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar as
appropriation of Road Fund monies is concerned.
    Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e of
this Act; nor to the General Revenue Fund, as authorized by
this amendatory Act of the 93rd General Assembly.
    The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, and 93-0025, and 93-0839 shall
be repaid to the Road Fund from the General Revenue Fund in the
next succeeding fiscal year that the General Revenue Fund has a
positive budgetary balance, as determined by generally
accepted accounting principles applicable to government.
    The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by this amendatory Act of the 94th General Assembly and
the 93rd General Assembly shall be repaid to the Road Fund from
the General Revenue Fund in the next succeeding fiscal year
that the General Revenue Fund has a positive budgetary balance,
as determined by generally accepted accounting principles
applicable to government.
(Source: P.A. 92-600, eff. 6-28-02; 93-25, eff. 6-20-03;
93-721, eff. 1-1-05; 93-839, eff. 7-30-04; revised 10-25-04.)
 
    (30 ILCS 105/8.33)  (from Ch. 127, par. 144.33)
    Sec. 8.33. Expenses incident to leasing or use of State
facilities.
    (a) All expenses incident to the leasing or use of the
State facilities listed in Section 405-315 of the Department of
Central Management Services Law (20 ILCS 405/405-315) for lease
or use terms not exceeding 30 days in length shall be payable
from the Special Events Revolving Fund.
    Expenses incident to the lease or use of the State
facilities listed in Section 405-315 of the Department of
Central Management Services Law (20 ILCS 405/405-315) shall
include expenditures for additional commodities, equipment,
furniture, improvements, personal services or other expenses
required by the Department of Central Management Services to
make such facilities available to the public and State
employees.
    (b) The Special Events Revolving Fund shall cease to exist
on October 1, 2005. Any balance in the Fund as of that date
shall be transferred to the Facilities Management Revolving
Fund. Any moneys that otherwise would be paid into the Fund on
or after that date shall be deposited into the Facilities
Management Revolving Fund. Any disbursements on or after that
date that otherwise would be made from the Fund shall be made
from the Facilities Management Revolving Fund.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (30 ILCS 105/8g)
    Sec. 8g. Fund transfers.
    (a) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $10,000,000 from the General Revenue Fund
to the Motor Vehicle License Plate Fund created by Senate Bill
1028 of the 91st General Assembly.
    (b) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $25,000,000 from the General Revenue Fund
to the Fund for Illinois' Future created by Senate Bill 1066 of
the 91st General Assembly.
    (c) In addition to any other transfers that may be provided
for by law, on August 30 of each fiscal year's license period,
the Illinois Liquor Control Commission shall direct and the
State Comptroller and State Treasurer shall transfer from the
General Revenue Fund to the Youth Alcoholism and Substance
Abuse Prevention Fund an amount equal to the number of retail
liquor licenses issued for that fiscal year multiplied by $50.
    (d) The payments to programs required under subsection (d)
of Section 28.1 of the Horse Racing Act of 1975 shall be made,
pursuant to appropriation, from the special funds referred to
in the statutes cited in that subsection, rather than directly
from the General Revenue Fund.
    Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall transfer
from the General Revenue Fund to each of the special funds from
which payments are to be made under Section 28.1(d) of the
Horse Racing Act of 1975 an amount equal to 1/12 of the annual
amount required for those payments from that special fund,
which annual amount shall not exceed the annual amount for
those payments from that special fund for the calendar year
1998. The special funds to which transfers shall be made under
this subsection (d) include, but are not necessarily limited
to, the Agricultural Premium Fund; the Metropolitan Exposition
Auditorium and Office Building Fund; the Fair and Exposition
Fund; the Standardbred Breeders Fund; the Thoroughbred
Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
    (e) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$15,000,000 from the General Revenue Fund to the Fund for
Illinois' Future.
    (f) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$70,000,000 from the General Revenue Fund to the Long-Term Care
Provider Fund.
    (f-1) In fiscal year 2002, in addition to any other
transfers that may be provided for by law, at the direction of
and upon notification from the Governor, the State Comptroller
shall direct and the State Treasurer shall transfer amounts not
exceeding a total of $160,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
    (g) In addition to any other transfers that may be provided
for by law, on July 1, 2001, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (h) In each of fiscal years 2002 through 2004, but not
thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer $5,000,000 from the General
Revenue Fund to the Tourism Promotion Fund.
    (i) On or after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2002.
    (i-1) On or after July 1, 2002 and until May 1, 2003, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2003.
    (j) On or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
    From the General Revenue Fund.................$8,450,000
    From the Public Utility Fund..................1,700,000
    From the Transportation Regulatory Fund.......2,650,000
    From the Title III Social Security and
     Employment Fund..............................3,700,000
    From the Professions Indirect Cost Fund.......4,050,000
    From the Underground Storage Tank Fund........550,000
    From the Agricultural Premium Fund............750,000
    From the State Pensions Fund..................200,000
    From the Road Fund............................2,000,000
    From the Health Facilities
     Planning Fund................................1,000,000
    From the Savings and Residential Finance
     Regulatory Fund..............................130,800
    From the Appraisal Administration Fund........28,600
    From the Pawnbroker Regulation Fund...........3,600
    From the Auction Regulation
     Administration Fund..........................35,800
    From the Bank and Trust Company Fund..........634,800
    From the Real Estate License
     Administration Fund..........................313,600
    (k) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 92nd General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $2,000,000 from the General Revenue Fund to
the Teachers Health Insurance Security Fund.
    (k-1) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-2) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-3) On or after July 1, 2002 and no later than June 30,
2003, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
    Appraisal Administration Fund.................$150,000
    General Revenue Fund..........................10,440,000
    Savings and Residential Finance
        Regulatory Fund...........................200,000
    State Pensions Fund...........................100,000
    Bank and Trust Company Fund...................100,000
    Professions Indirect Cost Fund................3,400,000
    Public Utility Fund...........................2,081,200
    Real Estate License Administration Fund.......150,000
    Title III Social Security and
        Employment Fund...........................1,000,000
    Transportation Regulatory Fund................3,052,100
    Underground Storage Tank Fund.................50,000
    (l) In addition to any other transfers that may be provided
for by law, on July 1, 2002, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (m) In addition to any other transfers that may be provided
for by law, on July 1, 2002 and on the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$1,200,000 from the General Revenue Fund to the Violence
Prevention Fund.
    (n) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,800,000 from the General
Revenue Fund to the DHS Recoveries Trust Fund.
    (o) On or after July 1, 2003, and no later than June 30,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Vehicle Inspection Fund:
    From the Underground Storage Tank Fund .......$35,000,000.
    (p) On or after July 1, 2003 and until May 1, 2004, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon notification
from the Governor, but in any event on or before June 30, 2004.
    (q) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Illinois Military Family Relief Fund.
    (r) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,922,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (s) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$4,800,000 from the Statewide Economic Development Fund to the
General Revenue Fund.
    (t) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$50,000,000 from the General Revenue Fund to the Budget
Stabilization Fund.
    (u) On or after July 1, 2004 and until May 1, 2005, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2005.
    (v) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (w) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,445,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (x) In addition to any other transfers that may be provided
for by law, on January 15, 2005, or as soon thereafter as may
be practical, the State Comptroller shall direct and the State
Treasurer shall transfer to the General Revenue Fund the
following sums:
        From the State Crime Laboratory Fund, $200,000;
        From the State Police Wireless Service Emergency Fund,
    $200,000;
        From the State Offender DNA Identification System
    Fund, $800,000; and
        From the State Police Whistleblower Reward and
    Protection Fund, $500,000.
    (y) Notwithstanding any other provision of law to the
contrary, in addition to any other transfers that may be
provided for by law on June 30, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the remaining balance from
the designated funds into the General Revenue Fund and any
future deposits that would otherwise be made into these funds
must instead be made into the General Revenue Fund:
        (1) the Keep Illinois Beautiful Fund;
        (2) the Metropolitan Fair and Exposition Authority
    Reconstruction Fund;
        (3) the New Technology Recovery Fund;
        (4) the Illinois Rural Bond Bank Trust Fund;
        (5) the ISBE School Bus Driver Permit Fund;
        (6) the Solid Waste Management Revolving Loan Fund;
        (7) the State Postsecondary Review Program Fund;
        (8) the Tourism Attraction Development Matching Grant
    Fund;
        (9) the Patent and Copyright Fund;
        (10) the Credit Enhancement Development Fund;
        (11) the Community Mental Health and Developmental
    Disabilities Services Provider Participation Fee Trust
    Fund;
        (12) the Nursing Home Grant Assistance Fund;
        (13) the By-product Material Safety Fund;
        (14) the Illinois Student Assistance Commission Higher
    EdNet Fund;
        (15) the DORS State Project Fund;
        (16) the School Technology Revolving Fund;
        (17) the Energy Assistance Contribution Fund;
        (18) the Illinois Building Commission Revolving Fund;
        (19) the Illinois Aquaculture Development Fund;
        (20) the Homelessness Prevention Fund;
        (21) the DCFS Refugee Assistance Fund;
        (22) the Illinois Century Network Special Purposes
    Fund; and
        (23) the Build Illinois Purposes Fund.
    (z) In addition to any other transfers that may be provided
for by law, on July 1, 2005, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (aa) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $9,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
    (bb) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,803,600 from
the General Revenue Fund to the Securities Audit and
Enforcement Fund.
    (cc) In addition to any other transfers that may be
provided for by law, on or after July 1, 2005 and until May 1,
2006, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2006.
(Source: P.A. 92-11, eff. 6-11-01; 92-505, eff. 12-20-01;
92-600, eff. 6-28-02; 93-32, eff. 6-20-03; 93-648, eff. 1-8-04;
93-839, eff. 7-30-04; 93-1067, eff. 1-15-05.)
 
    (30 ILCS 105/15a)  (from Ch. 127, par. 151a)
    Sec. 15a. Contractual services. The item "contractual
services", when used in an appropriation act, means and
includes:
        (a) Expenditures incident to the current conduct and
    operation of an office, department, board, commission,
    institution or agency for postage and postal charges,
    surety bond premiums, publications, subscriptions, office
    conveniences and services, exclusive of commodities as
    herein defined;
        (b) Expenditures for rental of property or equipment,
    repair or maintenance of property or equipment including
    related supplies, equipment, materials, services,
    replacement fixtures and repair parts, utility services,
    professional or technical services, moving expenses
    incident to a new State employment, and transportation
    charges exclusive of "travel" as herein defined;
        (c) Expenditures for the rental of lodgings in
    Springfield, Illinois and for the payment of utilities used
    in connection with such lodgings for all elected State
    officials, who are required by Section 1, Article V of the
    Constitution of the State of Illinois to reside at the seat
    of government during their term of office;
        (d) Expenditures pursuant to multi-year lease,
    lease-purchase or installment purchase contracts for
    duplicating equipment authorized by Section 5.1 of the
    Illinois Purchasing Act;
        (e) Expenditures of $5,000 or less per project for
    improvements to real property which, except for the
    operation of this Section, would be classified as
    "permanent improvements" as defined in Section 21;
        (f) Expenditures pursuant to multi-year lease,
    lease-purchase or installment purchase contracts for land,
    permanent improvements or fixtures.
        (g) Expenditures for facilities management,
    communication, information technology, and professional
    services provided by the Department of Central Management
    Services pursuant to the Department of Central Management
    Services Law of the Civil Administrative Code of Illinois.
    The item "contractual services" does not, however, include
any expenditures included in "operation of automotive
equipment" as defined in Section 24.2.
    The item "contractual services" does not include any
expenditures for professional, technical, or other services
performed for a State agency under a contract executed after
July 1, 1992 by a person who was formerly employed by that
agency and has received any early retirement incentive under
Section 14-108.3 or 16-133.3 of the Illinois Pension Code based
on retirement before 1993, unless the official or employee
executing the contract on behalf of the agency has certified
that the person performing the services either (i) possesses
unique expertise, or (ii) is essential to the operation of the
agency. This certification must be filed with the Office of the
Auditor General prior to the execution of the contract, and
shall be made available by that Office for public inspection
and copying. The item "contractual services" does not include
any expenditures for professional, technical, or other
services performed for a State agency under a contract executed
after the effective date of this amendatory Act of the 92nd
General Assembly by a person who has received any early
retirement incentive under Section 14-108.3 or 16-133.3 of the
Illinois Pension Code based on retirement in 2002 or later. A
contract not payable from the contractual services item because
of this paragraph shall not be payable from any other item of
appropriation. For the purposes of this paragraph, the term
"agency" includes all offices, boards, commissions,
departments, agencies, and institutions of State government.
(Source: P.A. 91-357, eff. 7-29-99; 92-566, eff. 6-25-02.)
 
ARTICLE 26

 
    Section 26-5. The Children and Family Services Act is
amended by changing Section 22.2 as follows:
 
    (20 ILCS 505/22.2)  (from Ch. 23, par. 5022.2)
    Sec. 22.2. To provide training programs for the provision
of foster care and adoptive care services. Training provided to
foster parents shall include training and information on their
right to be heard, to bring a mandamus action, and to intervene
in juvenile court as set forth under subsection (2) of Section
1-5 of the Juvenile Court Act of 1987 and the availability of
the hotline established under Section 35.6 of this Act, that
foster parents may use to report incidents of misconduct or
violation of rules by Department employees, service providers,
or contractors. Monies for such training programs shall be
derived from the Department of Children and Family Services
Training Fund, hereby created in the State Treasury. Deposits
to this fund shall consist of federal financial participation
in foster care and adoption care training programs, public and
unsolicited private grants and fees for such training, and
royalties earned from the publication of materials owned by or
licensed to the Department. In addition, with the approval of
the Governor, the Department may transfer amounts not exceeding
$2,000,000 in each fiscal year from the DCFS Children's
Services Fund to the Department of Children and Family Services
Training Fund. Disbursements from the Department of Children
and Family Services Training Fund shall be made by the
Department for foster care and adoptive care training services
in accordance with federal standards.
(Source: P.A. 91-712, eff. 7-1-00; 92-321, eff. 1-1-02.)
 
    Section 26-10. The State Finance Act is amended by changing
Section 8.27 as follows:
 
    (30 ILCS 105/8.27)  (from Ch. 127, par. 144.27)
    Sec. 8.27. All receipts from federal financial
participation in the Foster Care and Adoption Services program
under Title IV-E of the federal Social Security Act, including
receipts for related indirect costs, but excluding receipts
from federal financial participation in such Title IV-E Foster
Care and Adoption Training program, shall be deposited in the
DCFS Children's Services Fund.
    Eighty percent of the federal funds received by the
Illinois Department of Human Services under the Title IV-A
Emergency Assistance program as reimbursement for expenditures
made from the Illinois Department of Children and Family
Services appropriations for the costs of services in behalf of
Department of Children and Family Services clients shall be
deposited into the DCFS Children's Services Fund.
    All receipts from federal financial participation in the
Child Welfare Services program under Title IV-B of the federal
Social Security Act, including receipts for related indirect
costs, shall be deposited into the DCFS Children's Services
Fund for those moneys received as reimbursement for services
provided on or after July 1, 1994.
    In addition, as soon as may be practicable after the first
day of November, 1994, the Department of Children and Family
Services shall request the Comptroller to order transferred and
the Treasurer shall transfer the unexpended balance of the
Child Welfare Services Fund to the DCFS Children's Services
Fund. Upon completion of the transfer, the Child Welfare
Services Fund will be considered dissolved and any outstanding
obligations or liabilities of that fund will pass to the DCFS
Children's Services Fund.
    Monies in the Fund may be used by the Department, pursuant
to appropriation by the General Assembly, for the ordinary and
contingent expenses of the Department.
    In fiscal year 1988 and in each fiscal year thereafter
through fiscal year 2000, the Comptroller shall order
transferred and the Treasurer shall transfer an amount of
$16,100,000 from the DCFS Children's Services Fund to the
General Revenue Fund in the following manner: As soon as may be
practicable after the 15th day of September, December, March
and June, the Comptroller shall order transferred and the
Treasurer shall transfer, to the extent that funds are
available, 1/4 of $16,100,000, plus any cumulative
deficiencies in such transfers for prior transfer dates during
such fiscal year. In no event shall any such transfer reduce
the available balance in the DCFS Children's Services Fund
below $350,000.
    In accordance with subsection (q) of Section 5 of the
Children and Family Services Act, disbursements from
individual children's accounts shall be deposited into the DCFS
Children's Services Fund.
    Receipts from public and unsolicited private grants, fees
for training, and royalties earned from the publication of
materials owned by or licensed to the Department of Children
and Family Services shall be deposited into the DCFS Children's
Services Fund.
    As soon as may be practical after September 1, 2005, upon
the request of the Department of Children and Family Services,
the Comptroller shall order transferred and the Treasurer shall
transfer the unexpended balance of the Department of Children
and Family Services Training Fund into the DCFS Children's
Services Fund. Upon completion of the transfer, the Department
of Children and Family Services Training Fund is dissolved and
any outstanding obligations or liabilities of that Fund pass to
the DCFS Children's Services Fund.
(Source: P.A. 91-712, eff. 7-1-00.)
 
ARTICLE 27

 
    Section 27-5. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
 
    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
    Sec. 901. Collection Authority.
    (a) In general.
    The Department shall collect the taxes imposed by this Act.
The Department shall collect certified past due child support
amounts under Section 2505-650 of the Department of Revenue Law
(20 ILCS 2505/2505-650). Except as provided in subsections (c)
and (e) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury; money
collected pursuant to subsections (c) and (d) of Section 201 of
this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
Child Support Enforcement Trust Fund, a special fund outside
the State Treasury, or to the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid
Code, as directed by the Department of Public Aid.
    (b) Local Governmental Distributive Fund.
    Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the General
Revenue Fund to a special fund in the State treasury, to be
known as the "Local Government Distributive Fund", an amount
equal to 1/12 of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act during
the preceding month. Beginning July 1, 1994, and continuing
through June 30, 1995, the Treasurer shall transfer each month
from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to 1/11 of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act during the preceding month. Beginning
July 1, 1995, the Treasurer shall transfer each month from the
General Revenue Fund to the Local Government Distributive Fund
an amount equal to the net of (i) 1/10 of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of the Illinois Income Tax Act during the preceding
month (ii) minus, beginning July 1, 2003 and ending June 30,
2004, $6,666,666, and beginning July 1, 2004, zero. Net revenue
realized for a month shall be defined as the revenue from the
tax imposed by subsections (a) and (b) of Section 201 of this
Act which is deposited in the General Revenue Fund, the
Educational Assistance Fund and the Income Tax Surcharge Local
Government Distributive Fund during the month minus the amount
paid out of the General Revenue Fund in State warrants during
that same month as refunds to taxpayers for overpayment of
liability under the tax imposed by subsections (a) and (b) of
Section 201 of this Act.
    (c) Deposits Into Income Tax Refund Fund.
        (1) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(1), (2), and
    (3), of Section 201 of this Act into a fund in the State
    treasury known as the Income Tax Refund Fund. The
    Department shall deposit 6% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999 through 2001, the
    Annual Percentage shall be 7.1%. For fiscal year 2003, the
    Annual Percentage shall be 8%. For fiscal year 2004, the
    Annual Percentage shall be 11.7%. Upon the effective date
    of this amendatory Act of the 93rd General Assembly, the
    Annual Percentage shall be 10% for fiscal year 2005. For
    fiscal year 2006, the Annual Percentage shall be 9.75%. For
    all other fiscal years, the Annual Percentage shall be
    calculated as a fraction, the numerator of which shall be
    the amount of refunds approved for payment by the
    Department during the preceding fiscal year as a result of
    overpayment of tax liability under subsections (a) and
    (b)(1), (2), and (3) of Section 201 of this Act plus the
    amount of such refunds remaining approved but unpaid at the
    end of the preceding fiscal year, minus the amounts
    transferred into the Income Tax Refund Fund from the
    Tobacco Settlement Recovery Fund, and the denominator of
    which shall be the amounts which will be collected pursuant
    to subsections (a) and (b)(1), (2), and (3) of Section 201
    of this Act during the preceding fiscal year; except that
    in State fiscal year 2002, the Annual Percentage shall in
    no event exceed 7.6%. The Director of Revenue shall certify
    the Annual Percentage to the Comptroller on the last
    business day of the fiscal year immediately preceding the
    fiscal year for which it is to be effective.
        (2) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act into a fund in
    the State treasury known as the Income Tax Refund Fund. The
    Department shall deposit 18% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999, 2000, and 2001,
    the Annual Percentage shall be 19%. For fiscal year 2003,
    the Annual Percentage shall be 27%. For fiscal year 2004,
    the Annual Percentage shall be 32%. Upon the effective date
    of this amendatory Act of the 93rd General Assembly, the
    Annual Percentage shall be 24% for fiscal year 2005. For
    fiscal year 2006, the Annual Percentage shall be 20%. For
    all other fiscal years, the Annual Percentage shall be
    calculated as a fraction, the numerator of which shall be
    the amount of refunds approved for payment by the
    Department during the preceding fiscal year as a result of
    overpayment of tax liability under subsections (a) and
    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
    Act plus the amount of such refunds remaining approved but
    unpaid at the end of the preceding fiscal year, and the
    denominator of which shall be the amounts which will be
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act during the
    preceding fiscal year; except that in State fiscal year
    2002, the Annual Percentage shall in no event exceed 23%.
    The Director of Revenue shall certify the Annual Percentage
    to the Comptroller on the last business day of the fiscal
    year immediately preceding the fiscal year for which it is
    to be effective.
        (3) The Comptroller shall order transferred and the
    Treasurer shall transfer from the Tobacco Settlement
    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
    in January, 2001, (ii) $35,000,000 in January, 2002, and
    (iii) $35,000,000 in January, 2003.
    (d) Expenditures from Income Tax Refund Fund.
        (1) Beginning January 1, 1989, money in the Income Tax
    Refund Fund shall be expended exclusively for the purpose
    of paying refunds resulting from overpayment of tax
    liability under Section 201 of this Act, for paying rebates
    under Section 208.1 in the event that the amounts in the
    Homeowners' Tax Relief Fund are insufficient for that
    purpose, and for making transfers pursuant to this
    subsection (d).
        (2) The Director shall order payment of refunds
    resulting from overpayment of tax liability under Section
    201 of this Act from the Income Tax Refund Fund only to the
    extent that amounts collected pursuant to Section 201 of
    this Act and transfers pursuant to this subsection (d) and
    item (3) of subsection (c) have been deposited and retained
    in the Fund.
        (3) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Income Tax Refund Fund to the Personal Property Tax
    Replacement Fund an amount, certified by the Director to
    the Comptroller, equal to the excess of the amount
    collected pursuant to subsections (c) and (d) of Section
    201 of this Act deposited into the Income Tax Refund Fund
    during the fiscal year over the amount of refunds resulting
    from overpayment of tax liability under subsections (c) and
    (d) of Section 201 of this Act paid from the Income Tax
    Refund Fund during the fiscal year.
        (4) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Personal Property Tax Replacement Fund to the Income Tax
    Refund Fund an amount, certified by the Director to the
    Comptroller, equal to the excess of the amount of refunds
    resulting from overpayment of tax liability under
    subsections (c) and (d) of Section 201 of this Act paid
    from the Income Tax Refund Fund during the fiscal year over
    the amount collected pursuant to subsections (c) and (d) of
    Section 201 of this Act deposited into the Income Tax
    Refund Fund during the fiscal year.
        (4.5) As soon as possible after the end of fiscal year
    1999 and of each fiscal year thereafter, the Director shall
    order transferred and the State Treasurer and State
    Comptroller shall transfer from the Income Tax Refund Fund
    to the General Revenue Fund any surplus remaining in the
    Income Tax Refund Fund as of the end of such fiscal year;
    excluding for fiscal years 2000, 2001, and 2002 amounts
    attributable to transfers under item (3) of subsection (c)
    less refunds resulting from the earned income tax credit.
        (5) This Act shall constitute an irrevocable and
    continuing appropriation from the Income Tax Refund Fund
    for the purpose of paying refunds upon the order of the
    Director in accordance with the provisions of this Section.
    (e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
    On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
(Source: P.A. 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; 92-600,
eff. 6-28-02; 93-32, eff. 6-20-03; 93-839, eff. 7-30-04.)
 
ARTICLE 30

 
    Section 30-5. The School Employee Benefit Act is amended by
changing Section 20 as follows:
 
    (105 ILCS 55/20)
    Sec. 20. Prescription drug benefits; program.
    (a) Beginning July 1, 2005, the Department shall be
responsible for administering the prescription drug benefit
program established under this Act for employees, annuitants,
and dependents on a non-insured basis.
    (b) For each program year, the Department shall set a date
by which school districts must notify the Department of their
election to participate in the prescription drug benefit
program. The Department shall provide notification of the
election date to school districts at least 45 days prior to the
election date.
    (c) Any school district may apply to the Director to have
employees, annuitants, and dependents be provided a
prescription drug benefit program under this Act. To
participate, a school district must agree to enroll all of its
employees. A participating school district is not required to
enroll a full-time employee who has waived coverage under the
district's health plan.
    (d) The Director shall determine the insurance rates and
premiums for those employees, annuitants, and dependents
participating in the prescription drug benefit program. Rates
and premiums may be based in part on age and eligibility for
federal Medicare coverage.
    A school district must remit the entire cost of providing
prescription drug coverage under this Section.
    (e) All revenues arising from the administration of the
prescription drug benefit program shall be deposited into the
Illinois Prescription Drug Discount Program Fund general
revenue funds.
    (f) The prescription drug benefit program shall be
maintained on an ongoing, affordable basis, and the cost to
school districts shall not exceed the State's actual program
costs. The prescription drug benefit program may be changed by
the State and is not intended to be a pension or retirement
benefit subject to protection under Section 5 of Article XIII
of the Illinois Constitution.
(Source: P.A. 93-1036, eff. 9-14-04.)
 
ARTICLE 40

 
    Section 40-5. The Senior Citizens and Disabled Persons
Prescription Drug Discount Program Act is amended by changing
Sections 30 and 35 as follows:
 
    (320 ILCS 55/30)
    Sec. 30. Manufacturer rebate agreements.
    (a) Taking into consideration the extent to which the State
pays for prescription drugs under various State programs and
the provision of assistance to disabled persons or eligible
seniors under patient assistance programs, prescription drug
discount programs, or other offers for free or reduced price
medicine, clinical research projects, limited supply
distribution programs, compassionate use programs, or programs
of research conducted by or for a drug manufacturer, the
Department, its agent, or the program administrator shall
negotiate and enter into rebate agreements with drug
manufacturers, as defined in this Act, to effect prescription
drug price discounts. The Department or program administrator
may establish a preferred drug list as a basis for determining
the discounts, administrative fees, or other fees or rebates
under this Section.
    (b) Rebate payment procedures. All rebates negotiated
under agreements described in this Section shall be paid in
accordance with procedures prescribed by the Department or the
program administrator.
    (c) Receipts from rebates shall be used to provide
discounts for prescription drugs purchased by eligible seniors
and disabled persons and to cover the cost of administering the
program, including compensation to be paid to participating
pharmacies by the Department or program administrator under
subsection (e) of Section 25. Any receipts to be allocated to
the Department shall be deposited into the Illinois Senior
Citizens and Disabled Persons Prescription Drug Discount
Program Fund, a trust fund created outside the State Treasury
with the State Treasurer acting as ex officio custodian.
Disbursements from the Illinois Prescription Drug Discount
Program Fund shall be made upon the direction of the Director
of Central Management Services a special fund hereby created in
the State treasury.
(Source: P.A. 93-18, eff. 7-1-03.)
 
    (320 ILCS 55/35)
    Sec. 35. Program eligibility.
    (a) Any person may apply to the Department or its program
administrator for participation in the program in the form and
manner required by the Department. The Department or its
program administrator shall determine the eligibility of each
applicant for the program within 30 days after the date of
application. To participate in the program an eligible senior
or disabled person whose application has been approved must pay
$25 upon enrollment and annually thereafter and shall receive a
program identification card. The card may be presented to an
authorized pharmacy to assist the pharmacy in verifying
eligibility under the program. The Department shall deposit the
enrollment fees collected into the Illinois Senior Citizens and
Disabled Persons Prescription Drug Discount Program Fund. The
moneys collected by the Department for enrollment fees and
deposited into the Illinois Senior Citizens and Disabled
Persons Prescription Drug Discount Program Fund must be
separately accounted for by the Department. If 2 or more
persons are eligible for any benefit under this Act and are
members of the same household, each participating household
member shall apply to the Department and pay the fee required
for the purpose of obtaining an identification card.
    (b) Proceeds from annual enrollment fees shall be used by
the Department to offset the administrative cost of this Act.
The Department may reduce the annual enrollment fee by rule if
the revenue from the enrollment fees is in excess of the costs
to carry out the program.
    (c) Any person who is eligible for pharmaceutical
assistance under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
presumed to be eligible for this program. The enrollment fee
under this Act is not required for such persons. That person
may purchase prescription drugs under this program that are not
covered by the pharmaceutical assistance program under the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act by using the identification card
issued under the pharmaceutical assistance program.
(Source: P.A. 93-18, eff. 7-1-03.)
 
ARTICLE 55

 
    Section 55-5. The Aquaculture Development Act is amended by
changing Section 5.5 as follows:
 
    (20 ILCS 215/5.5)
    (Section scheduled to be repealed on June 30, 2009)
    Sec. 5.5. Aquaculture Cooperative.
    (a) The Department of Agriculture shall make grants to an
Aquaculture Cooperative from the Illinois Aquaculture
Development Fund, a special fund created in the State Treasury.
On July 1, 1999 and on each July 1 thereafter through July 1,
2004 2008, the Comptroller shall order transferred and the
Treasurer shall transfer $1,000,000 from the General Revenue
Fund into the Illinois Aquaculture Development Fund. The
Aquaculture Cooperative shall consist of any individual or
entity of the aquaculture industry in this State that seeks
membership pursuant to the Agricultural Co-Operative Act. The
grants for the Cooperative shall be distributed from the
Illinois Aquaculture Development Fund as provided by rule. At
the beginning of each fiscal period, the Cooperative shall
prepare a budget plan for the next fiscal period, including the
probable cost of all programs, projects, and contracts. The
Cooperative shall submit the proposed budget to the Director
for review and comment. The Director may recommend programs and
activities considered appropriate for the Cooperative. The
Cooperative shall keep minutes, books, and records that clearly
reflect all of the acts and transactions of the Cooperative and
shall make this information public. The financial books and
records of the Cooperative shall be audited by a certified
public accountant at least once each fiscal year and at other
times as designated by the Director. The expense of the audit
shall be the responsibility of the Cooperative. Copies of the
audit shall be provided to all members of the Cooperative, to
the Department, and to other requesting members of the
aquaculture industry.
    (b) The grants to an Aquaculture Cooperative and the
proceeds generated by the Cooperative may be used for the
following purposes:
        (1) To buy aquatic organisms from members of the
    Cooperative.
        (2) To buy aquatic organism food in bulk quantities for
    resale to the members of the Cooperative.
        (3) For transportation, hauling, and delivery
    equipment.
        (4) For employee salaries, building leases, and other
    administrative costs.
        (5) To purchase equipment for use by the Cooperative
    members.
        (6) Any other related costs.
    (c) The Illinois Aquaculture Development Fund is abolished
on July 1, 2005 August 31, 2004. Any balance remaining in the
Fund on that date shall be transferred to the General Revenue
Fund.
    (d) This Section is repealed on June 30, 2009.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    Section 55-10. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-55, 605-75, and 605-323 as
follows:
 
    (20 ILCS 605/605-55)  (was 20 ILCS 605/46.21)
    Sec. 605-55. Contracts and other acts to accomplish
Department's duties. To make and enter into contracts,
including but not limited to making grants and loans to units
of local government, private agencies as defined in the
Illinois State Auditing Act, non-profit corporations,
educational institutions, and for-profit businesses as
authorized pursuant to appropriations by the General Assembly
from the Build Illinois Bond Fund, the Build Illinois Purposes
Fund, the Fund for Illinois' Future, the Capital Development
Fund, and the General Revenue Fund, and generally to do all
things that, in its judgment, may be necessary, proper, and
expedient in accomplishing its duties.
(Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00; 92-16,
eff. 6-28-01.)
 
    (20 ILCS 605/605-75)
    Sec. 605-75. Keep Illinois Beautiful.
    (a) There is created the Keep Illinois Beautiful Program
Advisory Board consisting of 7 members appointed by the
Director of Commerce and Economic Opportunity Community
Affairs. Of those 7, 4 shall be appointed from a list of at
least 10 names submitted by the boards of directors from the
various certified community programs. Each certified community
program may submit only one recommendation to be considered by
the Director. The Director of Commerce and Economic Opportunity
Community Affairs or his or her designee shall be a member and
serve as Chairman. The Board shall meet at least annually at
the discretion of the Chairman and at such other times as the
Chairman or any 4 members consider necessary. Four members
shall constitute a quorum.
    (b) The purpose of the Board shall be to assist local
governments and community organizations in:
        (1) Educating the public about the need for recycling
    and reducing solid waste.
        (2) Promoting the establishment of recycling and
    programs that reduce litter and other solid waste through
    re-use and diversion.
        (3) Developing local markets for recycled products.
        (4) Cooperating with other State agencies and with
    local governments having environmental responsibilities.
        (5) Seeking funding from governmental and
    non-governmental sources.
        (6) Beautification projects.
    (c) The Department of Commerce and Economic Opportunity
Community Affairs shall assist local governments and community
organizations that plan to implement programs set forth in
subsection (b). The Department shall establish guidelines for
the certification of local governments and community
organizations.
    The Department may encourage local governments and
community organizations to apply for certification of programs
by the Board. However, the Department shall give equal
consideration to newly certified programs and older certified
programs.
    (d) The Keep Illinois Beautiful Fund is created as a
special fund in the State treasury. Moneys from any public or
private source may be deposited into the Keep Illinois
Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
shall be appropriated only for the purposes of this Section.
Pursuant to action by the Board, the Department of Commerce and
Economic Opportunity Community Affairs may authorize grants
from moneys appropriated from the Keep Illinois Beautiful Fund
for certified community based programs for up to 50% of the
cash needs of the program; provided, that at least 50% of the
needs of the program shall be contributed to the program in
cash, and not in kind, by local sources.
    Moneys appropriated for certified community based programs
in municipalities of more than 1,000,000 population shall be
itemized separately and may not be disbursed to any other
community.
    (e) On the effective date of this amendatory Act of the
91st General Assembly, the Lieutenant Governor shall transfer
to the Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity), and the
Department shall receive, all assets and property possessed by
the Lieutenant Governor under this Section and all liabilities
and obligations for which the Lieutenant Governor was
responsible under this Section. Nothing in this subsection
affects the validity of certifications and grants issued under
this Section before the effective date of this amendatory Act
of the 91st General Assembly.
(Source: P.A. 91-239, eff. 1-1-00; 91-853, eff. 7-1-00; 92-490,
eff. 8-23-01; revised 12-6-03.)
 
    (20 ILCS 605/605-323)  (was 20 ILCS 605/46.76)
    Sec. 605-323. Energy assistance Assistance Contribution
Fund.
    (a) The Department may accept gifts, grants, awards,
matching contributions, interest income, appropriations, and
cost sharings from individuals, businesses, governments, and
other third-party sources, on terms that the Director deems
advisable, to assist eligible households, businesses,
industries, educational institutions, hospitals, health care
facilities, and not-for-profit entities to obtain and maintain
reliable and efficient energy related services, or to improve
the efficiency of such services.
    (b) (Blank). The Energy Assistance Contribution Fund is
created as a special fund in the State Treasury, and all moneys
received under this Section shall be deposited into that Fund.
Moneys in the Energy Assistance Contribution Fund may be
expended for purposes consistent with the conditions under
which those moneys are received, subject to appropriations made
by the General Assembly for those purposes.
(Source: P.A. 91-34, eff. 7-1-99; 92-16, eff. 6-28-01.)
 
    Section 55-15. The Illinois Promotion Act is amended by
changing Section 8a as follows:
 
    (20 ILCS 665/8a)  (from Ch. 127, par. 200-28a)
    Sec. 8a. Tourism grants and loans; fund.
    (1) The Department is authorized to make grants and loans,
subject to appropriations by the General Assembly for this
purpose from the Tourism Promotion Fund or the Tourism
Attraction Development Matching Grant Fund, to counties,
municipalities, local promotion groups, not-for-profit
organizations, or for-profit businesses for the development or
improvement of tourism attractions in Illinois. Individual
grants and loans shall not exceed $1,000,000 and shall not
exceed 50% of the entire amount of the actual expenditures for
the development or improvement of a tourist attraction.
Agreements for loans made by the Department pursuant to this
subsection may contain provisions regarding term, interest
rate, security as may be required by the Department and any
other provisions the Department may require to protect the
State's interest.
    (2) (Blank). There is hereby created a special fund in the
State Treasury to be known as the Tourism Attraction
Development Matching Grant Fund. The deposit of monies into
this fund shall be limited to the repayments of principal and
interest from loans made pursuant to subsection (1).
(Source: P.A. 91-683, eff. 1-26-00; 92-38, eff. 6-28-01.)
 
    Section 55-20. The Technology Advancement and Development
Act is amended by changing Section 1004 as follows:
 
    (20 ILCS 700/1004)  (from Ch. 127, par. 3701-4)
    Sec. 1004. Duties and powers. The Department of Commerce
and Economic Opportunity Community Affairs shall establish and
administer any of the programs authorized under this Act
subject to the availability of funds appropriated by the
General Assembly. The Department may make awards from general
revenue fund appropriations, federal reimbursement funds, and
the Technology Cooperation Fund, and the New Technology
Recovery Fund as provided under the provisions of this Act. The
Department, in addition to those powers granted under the Civil
Administrative Code of Illinois, is granted the following
powers to help administer the provisions of this Act:
    (a) To provide financial assistance as direct or
participation grants, loans or qualified security investments
to, or on behalf of, eligible applicants. Loans, grants and
investments shall be made for the purpose of increasing
research and development, commercializing technology, adopting
advanced production and processing techniques, and promoting
job creation and retention within Illinois;
    (b) To enter into agreements, accept funds or grants, and
engage in cooperation with agencies of the federal government,
local units of government, universities, research foundations
or institutions, regional economic development corporations or
other organizations for the purposes of this Act;
    (c) To enter into contracts, agreements, and memoranda of
understanding; and to provide funds for participation
agreements or to make any other agreements or contracts or to
invest, grant, or loan funds to any participating intermediary
organizations including, not-for-profit entities, for-profit
entities, State agencies or authorities, government owned and
contract operated facilities, institutions of higher
education, other public or private development corporations,
or other entities necessary or desirable to further the purpose
of this Act. Any such agreement or contract by an intermediary
organization to deliver programs authorized under this Act may
include terms and provisions including, but not limited to
organization and development of documentation, review and
approval of projects, servicing and disbursement of funds and
other related activities;
    (d) To fix, determine, charge and collect any premiums,
fees, charges, costs and expenses, including without
limitation, any application fees, commitment fees, program
fees, financing charges, or publication fees in connection with
the Department's activities under this Act;
    (e) To establish forms for applications, notifications,
contracts, or any other agreements, and to promulgate
procedures, rules or regulations deemed necessary and
appropriate;
    (f) To establish and regulate the terms and conditions of
the Department's agreements and to consent, subject to the
provisions of any agreement with another party, to the
modification or restructuring of any agreement to which the
Department is a party;
    (g) To require that recipients of financial assistance
shall at all times keep proper books of record and account in
accordance with generally accepted accounting principles
consistently applied, with such books open for reasonable
Department inspection and audits, including, without
limitation, the making of copies thereof;
    (h) To require applicants or grantees receiving funds under
this Act to permit the Department to: (i) inspect and audit any
books, records or papers related to the project in the custody
or control of the applicant, including the making of copies or
extracts thereof, and (ii) inspect or appraise any of the
applicant's or grantee's business assets;
    (i) To require applicants or grantees, upon written request
by the Department, to issue any necessary authorization to the
appropriate federal, State or local authority for the release
of information concerning a business or business project
financed under the provisions of this Act, with the information
requested to include, but not be limited to, financial reports,
returns, or records relating to that business or business
project;
    (i-5) To provide staffing, administration, and related
support required to manage the programs authorized under this
Act and to pay for staffing and administration from the New
Technology Recovery Fund as appropriated by the General
Assembly. Administrative responsibilities may include, but are
not limited to, research and identification of the needs of
commerce and industry in this State; design of comprehensive
statewide plans and programs; direction, management, and
control of specific projects; and communication and
cooperation with entities about technology commercialization
and business modernization;
    (j) To take whatever actions are necessary or appropriate
to protect the State's interest in the event of bankruptcy,
default, foreclosure or noncompliance with the terms and
conditions of financial assistance or participation required
under this Act, including the power to sell, dispose, lease or
rent, upon terms and conditions determined by the Director to
be appropriate, real or personal property which the Department
may receive as a result thereof; and
    (k) Exercise such other powers as are necessary to carry
out the purposes of this Act.
(Source: P.A. 91-476, eff. 8-11-99; revised 12-6-03.)
 
    Section 55-25. The Energy Conservation and Coal
Development Act is amended by changing Section 9 as follows:
 
    (20 ILCS 1105/9)  (from Ch. 96 1/2, par. 7409)
    Sec. 9. The Illinois Industrial Coal Utilization Program.
The Department shall administer the Illinois Industrial Coal
Utilization Program, referred to as the "program". The purpose
of the program is to increase the environmentally sound use of
Illinois coal by qualified applicants. To that end, the
Department shall operate a revolving loan program to partially
finance new coal burning facilities sited in Illinois or
conversion of existing boilers located in Illinois to coal use,
referred to as "industrial coal projects".
    The Department, with the advice and recommendation of the
Illinois Coal Development Board, shall make below market rate
loans available to fund a portion of each qualifying industrial
coal project. The applicant must demonstrate that it is able to
obtain additional financing from other sources to fund the
remainder of the project and that the project would not occur
without the Department's participation. The Department may, in
part, rely on the financial evaluation completed by the
provider of the additional funding, as well as its own
evaluation.
    The Department shall have the following powers:
    (1) To accept grants, loans, or appropriations from the
federal government or the State, or any agency or
instrumentality of either, to be used for any purposes of the
program, including operating and administrative expenses
associated with the program and the making of direct loans of
those funds with respect to projects. The Department may enter
into any agreement with the federal government or the State, or
any agency or instrumentality of either, in connection with
those grants, loans, or appropriations.
    (2) To make loans from appropriations from the Build
Illinois Purposes Fund or the Build Illinois Bond Fund and to
accept guarantees from individuals, partnerships, joint
ventures, corporations, and governmental agencies. Any loan or
series of loans shall be limited to an amount not to exceed the
lesser of $4,000,000 or 60% of the total project cost.
    (3) To establish interest rates, terms of repayment, and
other terms and conditions regarding loans made under this Act
as the Department shall determine necessary or appropriate to
protect the public interest and carry out the purposes of this
Act.
    (4) To receive, evaluate, and establish time schedules for
the determination of, and determine applications for financial
aid for the development, construction, acquisition, or
improvement of, an industrial coal project from any qualifying
applicant and negotiate terms and conditions on which the coal
project may be developed, constructed, improved, owned, or used
by or leased to the applicant or its successor in interest. The
Department shall prescribe the form of application. The form
shall contain, without being limited to, the following:
        (i) a general description of the industrial coal
    project and of the developer, user, or tenant for which the
    industrial project is to be established;
        (ii) plans, equipment lists, and other documents that
    may be required to show the type, structure, and general
    character of the project;
        (iii) a general description of the expected use of
    Illinois coal resulting from the project;
        (iv) cost estimates of developing, constructing,
    acquiring, or improving the industrial project;
        (v) a general description of the financing plan for the
    industrial coal project; and
        (vi) a general description and statement of value of
    any property and its improvements provided or to be
    provided for the project by other sources.
    Nothing in this Section shall be deemed to preclude the
Department, before the filing of any formal application, from
conducting preliminary discussions and investigations with
respect to the subject matter of any prospective applications.
(Source: P.A. 90-348, eff. 1-1-98.)
 
    Section 55-30. The Disabled Persons Rehabilitation Act is
amended by changing Section 5 as follows:
 
    (20 ILCS 2405/5)  (from Ch. 23, par. 3436)
    Sec. 5. The Department is authorized to receive such gifts
or donations, either from public or private sources, as may be
offered unconditionally or under such conditions related to the
comprehensive rehabilitation services, habilitation and
rehabilitation of persons with one or more disabilities, as in
the judgment of the Department are proper and consistent with
the provisions of this Act. All moneys so received shall be
deposited in the State treasury in a fund to be known as the
"DORS State Project Fund".
(Source: P.A. 86-607.)
 
    Section 55-35. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-275 and 2705-305 as follows:
 
    (20 ILCS 2705/2705-275)  (was 20 ILCS 2705/49.25j)
    Sec. 2705-275. Grants for airport facilities. The
Department may make grants to municipalities and airport
authorities for the renovation, construction, and development
of airport facilities. The grants may be made from funds
appropriated for that purpose from the Build Illinois Bond Fund
or the Build Illinois Purposes Fund.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (20 ILCS 2705/2705-305)
    Sec. 2705-305. Grants for mass transportation.
    (a) For the purpose of mass transportation grants and
contracts, the following definitions apply:
     "Carrier" means any corporation, authority, partnership,
association, person, or district authorized to provide mass
transportation within the State.
     "District" means all of the following:
        (i) Any district created pursuant to the Local Mass
    Transit District Act.
        (ii) The Authority created pursuant to the
    Metropolitan Transit Authority Act.
        (iii) Any authority, commission, or other entity that
    by virtue of an interstate compact approved by Congress is
    authorized to provide mass transportation.
        (iv) The Authority created pursuant to the Regional
    Transportation Authority Act.
    "Facilities" comprise all real and personal property used
in or appurtenant to a mass transportation system, including
parking lots.
    "Mass transportation" means transportation provided within
the State of Illinois by rail, bus, or other conveyance and
available to the general public on a regular and continuing
basis, including the transportation of handicapped or elderly
persons as provided more specifically in Section 2705-310.
    "Unit of local government" means any city, village,
incorporated town, or county.
    (b) Grants may be made to units of local government,
districts, and carriers for the acquisition, construction,
extension, reconstruction, and improvement of mass
transportation facilities. Grants shall be made upon the terms
and conditions that in the judgment of the Secretary are
necessary to ensure their proper and effective utilization.
    (c) The Department shall make grants under this Law in a
manner designed, so far as is consistent with the maintenance
and development of a sound mass transportation system within
the State, to: (i) maximize federal funds for the assistance of
mass transportation in Illinois under the Federal Transit Act
and other federal Acts; (ii) facilitate the movement of persons
who because of age, economic circumstance, or physical
infirmity are unable to drive; (iii) contribute to an improved
environment through the reduction of air, water, and noise
pollution; and (iv) reduce traffic congestion.
    (d) The Secretary shall establish procedures for making
application for mass transportation grants. The procedures
shall provide for public notice of all applications and give
reasonable opportunity for the submission of comments and
objections by interested parties. The procedures shall be
designed with a view to facilitating simultaneous application
for a grant to the Department and to the federal government.
    (e) Grants may be made for mass transportation projects as
follows:
        (1) In an amount not to exceed 100% of the nonfederal
    share of projects for which a federal grant is made.
        (2) In an amount not to exceed 100% of the net project
    cost for projects for which a federal grant is not made.
        (3) In an amount not to exceed five-sixths of the net
    project cost for projects essential for the maintenance of
    a sound transportation system and eligible for federal
    assistance for which a federal grant application has been
    made but a federal grant has been delayed. If and when a
    federal grant is made, the amount in excess of the
    nonfederal share shall be promptly returned to the
    Department.
    In no event shall the Department make a grant that,
together with any federal funds or funds from any other source,
is in excess of 100% of the net project cost.
    (f) Regardless of whether any funds are available under a
federal grant, the Department shall not make a mass
transportation grant unless the Secretary finds that the
recipient has entered into an agreement with the Department in
which the recipient agrees not to engage in school bus
operations exclusively for the transportation of students and
school personnel in competition with private school bus
operators where those private school bus operators are able to
provide adequate transportation, at reasonable rates, in
conformance with applicable safety standards, provided that
this requirement shall not apply to a recipient that operates a
school system in the area to be served and operates a separate
and exclusive school bus program for the school system.
    (g) Grants may be made for mass transportation purposes
with funds appropriated from the Build Illinois Bond Fund or
the Build Illinois Purposes Fund consistent with the specific
purposes for which those funds are appropriated by the General
Assembly. Grants under this subsection (g) are not subject to
any limitations or conditions imposed upon grants by any other
provision of this Section, except that the Secretary may impose
the terms and conditions that in his or her judgment are
necessary to ensure the proper and effective utilization of the
grants under this subsection.
    (h) The Department may let contracts for mass
transportation purposes and facilities for the purpose of
reducing urban congestion funded in whole or in part with bonds
described in subdivision (b)(1) of Section 4 of the General
Obligation Bond Act, not to exceed $75,000,000 in bonds.
    (i) The Department may make grants to carriers, districts,
and units of local government for the purpose of reimbursing
them for providing reduced fares for mass transportation
services for students, handicapped persons and the elderly.
Grants shall be made upon the terms and conditions that in the
judgment of the Secretary are necessary to ensure their proper
and effective utilization.
    (j) The Department may make grants to carriers, districts,
and units of local government for costs of providing ADA
paratransit service.
(Source: P.A. 90-774, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
    Section 55-40. The Illinois Finance Authority Act is
amended by changing Sections 801-40 and 805-15 as follows:
 
    (20 ILCS 3501/801-40)
    Sec. 801-40. In addition to the powers otherwise authorized
by law and in addition to the foregoing general corporate
powers, the Authority shall also have the following additional
specific powers to be exercised in furtherance of the purposes
of this Act.
    (a) The Authority shall have power (i) to accept grants,
loans or appropriations from the federal government or the
State, or any agency or instrumentality thereof, to be used for
the operating expenses of the Authority, or for any purposes of
the Authority, including the making of direct loans of such
funds with respect to projects, and (ii) to enter into any
agreement with the federal government or the State, or any
agency or instrumentality thereof, in relationship to such
grants, loans or appropriations.
    (b) The Authority shall have power to procure and enter
into contracts for any type of insurance and indemnity
agreements covering loss or damage to property from any cause,
including loss of use and occupancy, or covering any other
insurable risk.
    (c) The Authority shall have the continuing power to issue
bonds for its corporate purposes. Bonds may be issued by the
Authority in one or more series and may provide for the payment
of any interest deemed necessary on such bonds, of the costs of
issuance of such bonds, of any premium on any insurance, or of
the cost of any guarantees, letters of credit or other similar
documents, may provide for the funding of the reserves deemed
necessary in connection with such bonds, and may provide for
the refunding or advance refunding of any bonds or for accounts
deemed necessary in connection with any purpose of the
Authority. The bonds may bear interest payable at any time or
times and at any rate or rates, notwithstanding any other
provision of law to the contrary, and such rate or rates may be
established by an index or formula which may be implemented or
established by persons appointed or retained therefor by the
Authority, or may bear no interest or may bear interest payable
at maturity or upon redemption prior to maturity, may bear such
date or dates, may be payable at such time or times and at such
place or places, may mature at any time or times not later than
40 years from the date of issuance, may be sold at public or
private sale at such time or times and at such price or prices,
may be secured by such pledges, reserves, guarantees, letters
of credit, insurance contracts or other similar credit support
or liquidity instruments, may be executed in such manner, may
be subject to redemption prior to maturity, may provide for the
registration of the bonds, and may be subject to such other
terms and conditions all as may be provided by the resolution
or indenture authorizing the issuance of such bonds. The holder
or holders of any bonds issued by the Authority may bring suits
at law or proceedings in equity to compel the performance and
observance by any person or by the Authority or any of its
agents or employees of any contract or covenant made with the
holders of such bonds and to compel such person or the
Authority and any of its agents or employees to perform any
duties required to be performed for the benefit of the holders
of any such bonds by the provision of the resolution
authorizing their issuance, and to enjoin such person or the
Authority and any of its agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the
absence of any express recital on the face thereof that it is
non-negotiable, all such bonds shall be negotiable
instruments. Pending the preparation and execution of any such
bonds, temporary bonds may be issued as provided by the
resolution. The bonds shall be sold by the Authority in such
manner as it shall determine. The bonds may be secured as
provided in the authorizing resolution by the receipts,
revenues, income and other available funds of the Authority and
by any amounts derived by the Authority from the loan agreement
or lease agreement with respect to the project or projects; and
bonds may be issued as general obligations of the Authority
payable from such revenues, funds and obligations of the
Authority as the bond resolution shall provide, or may be
issued as limited obligations with a claim for payment solely
from such revenues, funds and obligations as the bond
resolution shall provide. The Authority may grant a specific
pledge or assignment of and lien on or security interest in
such rights, revenues, income, or amounts and may grant a
specific pledge or assignment of and lien on or security
interest in any reserves, funds or accounts established in the
resolution authorizing the issuance of bonds. Any such pledge,
assignment, lien or security interest for the benefit of the
holders of the Authority's bonds shall be valid and binding
from the time the bonds are issued without any physical
delivery or further act, and shall be valid and binding as
against and prior to the claims of all other parties having
claims against the Authority or any other person irrespective
of whether the other parties have notice of the pledge,
assignment, lien or security interest. As evidence of such
pledge, assignment, lien and security interest, the Authority
may execute and deliver a mortgage, trust agreement, indenture
or security agreement or an assignment thereof. A remedy for
any breach or default of the terms of any such agreement by the
Authority may be by mandamus proceedings in any court of
competent jurisdiction to compel the performance and
compliance therewith, but the agreement may prescribe by whom
or on whose behalf such action may be instituted. It is
expressly understood that the Authority may, but need not,
acquire title to any project with respect to which it exercises
its authority.
    (d) With respect to the powers granted by this Act, the
Authority may adopt rules and regulations prescribing the
procedures by which persons may apply for assistance under this
Act. Nothing herein shall be deemed to preclude the Authority,
prior to the filing of any formal application, from conducting
preliminary discussions and investigations with respect to the
subject matter of any prospective application.
    (e) The Authority shall have power to acquire by purchase,
lease, gift or otherwise any property or rights therein from
any person useful for its purposes, whether improved for the
purposes of any prospective project, or unimproved. The
Authority may also accept any donation of funds for its
purposes from any such source. The Authority shall have no
independent power of condemnation but may acquire any property
or rights therein obtained upon condemnation by any other
authority, governmental entity or unit of local government with
such power.
    (f) The Authority shall have power to develop, construct
and improve either under its own direction, or through
collaboration with any approved applicant, or to acquire
through purchase or otherwise, any project, using for such
purpose the proceeds derived from the sale of its bonds or from
governmental loans or grants, and to hold title in the name of
the Authority to such projects.
    (g) The Authority shall have power to lease pursuant to a
lease agreement any project so developed and constructed or
acquired to the approved tenant on such terms and conditions as
may be appropriate to further the purposes of this Act and to
maintain the credit of the Authority. Any such lease may
provide for either the Authority or the approved tenant to
assume initially, in whole or in part, the costs of
maintenance, repair and improvements during the leasehold
period. In no case, however, shall the total rentals from any
project during any initial leasehold period or the total loan
repayments to be made pursuant to any loan agreement, be less
than an amount necessary to return over such lease or loan
period (1) all costs incurred in connection with the
development, construction, acquisition or improvement of the
project and for repair, maintenance and improvements thereto
during the period of the lease or loan; provided, however, that
the rentals or loan repayments need not include costs met
through the use of funds other than those obtained by the
Authority through the issuance of its bonds or governmental
loans; (2) a reasonable percentage additive to be agreed upon
by the Authority and the borrower or tenant to cover a properly
allocable portion of the Authority's general expenses,
including, but not limited to, administrative expenses,
salaries and general insurance, and (3) an amount sufficient to
pay when due all principal of, interest and premium, if any on,
any bonds issued by the Authority with respect to the project.
The portion of total rentals payable under clause (3) of this
subsection (g) shall be deposited in such special accounts,
including all sinking funds, acquisition or construction
funds, debt service and other funds as provided by any
resolution, mortgage or trust agreement of the Authority
pursuant to which any bond is issued.
    (h) The Authority has the power, upon the termination of
any leasehold period of any project, to sell or lease for a
further term or terms such project on such terms and conditions
as the Authority shall deem reasonable and consistent with the
purposes of the Act. The net proceeds from all such sales and
the revenues or income from such leases shall be used to
satisfy any indebtedness of the Authority with respect to such
project and any balance may be used to pay any expenses of the
Authority or be used for the further development, construction,
acquisition or improvement of projects. In the event any
project is vacated by a tenant prior to the termination of the
initial leasehold period, the Authority shall sell or lease the
facilities of the project on the most advantageous terms
available. The net proceeds of any such disposition shall be
treated in the same manner as the proceeds from sales or the
revenues or income from leases subsequent to the termination of
any initial leasehold period.
    (i) The Authority shall have the power to make loans to
persons to finance a project, to enter into loan agreements
with respect thereto, and to accept guarantees from persons of
its loans or the resultant evidences of obligations of the
Authority.
    (j) The Authority may fix, determine, charge and collect
any premiums, fees, charges, costs and expenses, including,
without limitation, any application fees, commitment fees,
program fees, financing charges or publication fees from any
person in connection with its activities under this Act.
    (k) In addition to the funds established as provided
herein, the Authority shall have the power to create and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this Act and to
deposit its available monies into the funds and accounts.
    (l) At the request of the governing body of any unit of
local government, the Authority is authorized to market such
local government's revenue bond offerings by preparing bond
issues for sale, advertising for sealed bids, receiving bids at
its offices, making the award to the bidder that offers the
most favorable terms or arranging for negotiated placements or
underwritings of such securities. The Authority may, at its
discretion, offer for concurrent sale the revenue bonds of
several local governments. Sales by the Authority of revenue
bonds under this Section shall in no way imply State guarantee
of such debt issue. The Authority may require such financial
information from participating local governments as it deems
necessary in order to carry out the purposes of this subsection
(1).
    (m) The Authority may make grants to any county to which
Division 5-37 of the Counties Code is applicable to assist in
the financing of capital development, construction and
renovation of new or existing facilities for hospitals and
health care facilities under that Act. Such grants may only be
made from funds appropriated for such purposes from the Build
Illinois Bond Fund or the Build Illinois Purposes Fund.
    (n) The Authority may establish an urban development action
grant program for the purpose of assisting municipalities in
Illinois which are experiencing severe economic distress to
help stimulate economic development activities needed to aid in
economic recovery. The Authority shall determine the types of
activities and projects for which the urban development action
grants may be used, provided that such projects and activities
are broadly defined to include all reasonable projects and
activities the primary objectives of which are the development
of viable urban communities, including decent housing and a
suitable living environment, and expansion of economic
opportunity, principally for persons of low and moderate
incomes. The Authority shall enter into grant agreements from
monies appropriated for such purposes from the Build Illinois
Bond Fund or the Build Illinois Purposes Fund. The Authority
shall monitor the use of the grants, and shall provide for
audits of the funds as well as recovery by the Authority of any
funds determined to have been spent in violation of this
subsection (n) or any rule or regulation promulgated hereunder.
The Authority shall provide technical assistance with regard to
the effective use of the urban development action grants. The
Authority shall file an annual report to the General Assembly
concerning the progress of the grant program.
    (o) The Authority may establish a Housing Partnership
Program whereby the Authority provides zero-interest loans to
municipalities for the purpose of assisting in the financing of
projects for the rehabilitation of affordable multi-family
housing for low and moderate income residents. The Authority
may provide such loans only upon a municipality's providing
evidence that it has obtained private funding for the
rehabilitation project. The Authority shall provide 3 State
dollars for every 7 dollars obtained by the municipality from
sources other than the State of Illinois. The loans shall be
made from monies appropriated for such purpose from the Build
Illinois Bond Fund or the Build Illinois Purposes Fund. The
total amount of loans available under the Housing Partnership
Program shall not exceed $30,000,000. State loan monies under
this subsection shall be used only for the acquisition and
rehabilitation of existing buildings containing 4 or more
dwelling units. The terms of any loan made by the municipality
under this subsection shall require repayment of the loan to
the municipality upon any sale or other transfer of the
project.
    (p) The Authority may award grants to universities and
research institutions, research consortiums and other
not-for-profit entities for the purposes of: remodeling or
otherwise physically altering existing laboratory or research
facilities, expansion or physical additions to existing
laboratory or research facilities, construction of new
laboratory or research facilities or acquisition of modern
equipment to support laboratory or research operations
provided that such grants (i) be used solely in support of
project and equipment acquisitions which enhance technology
transfer, and (ii) not constitute more than 60 percent of the
total project or acquisition cost.
    (q) Grants may be awarded by the Authority to units of
local government for the purpose of developing the appropriate
infrastructure or defraying other costs to the local government
in support of laboratory or research facilities provided that
such grants may not exceed 40% of the cost to the unit of local
government.
    (r) The Authority may establish a Direct Loan Program to
make loans to individuals, partnerships or corporations for the
purpose of an industrial project, as defined in Section 801-10
of this Act. For the purposes of such program and not by way of
limitation on any other program of the Authority, the Authority
shall have the power to issue bonds, notes, or other evidences
of indebtedness including commercial paper for purposes of
providing a fund of capital from which it may make such loans.
The Authority shall have the power to use any appropriations
from the State made especially for the Authority's Direct Loan
Program for additional capital to make such loans or for the
purposes of reserve funds or pledged funds which secure the
Authority's obligations of repayment of any bond, note or other
form of indebtedness established for the purpose of providing
capital for which it intends to make such loans under the
Direct Loan Program. For the purpose of obtaining such capital,
the Authority may also enter into agreements with financial
institutions and other persons for the purpose of selling loans
and developing a secondary market for such loans. Loans made
under the Direct Loan Program may be in an amount not to exceed
$300,000 and shall be made for a portion of an industrial
project which does not exceed 50% of the total project. No loan
may be made by the Authority unless approved by the affirmative
vote of at least 8 members of the board. The Authority shall
establish procedures and publish rules which shall provide for
the submission, review, and analysis of each direct loan
application and which shall preserve the ability of each board
member to reach an individual business judgment regarding the
propriety of making each direct loan. The collective discretion
of the board to approve or disapprove each loan shall be
unencumbered. The Authority may establish and collect such fees
and charges, determine and enforce such terms and conditions,
and charge such interest rates as it determines to be necessary
and appropriate to the successful administration of the Direct
Loan Program. The Authority may require such interests in
collateral and such guarantees as it determines are necessary
to project the Authority's interest in the repayment of the
principal and interest of each loan made under the Direct Loan
Program.
    (s) The Authority may guarantee private loans to third
parties up to a specified dollar amount in order to promote
economic development in this State.
    (t) The Authority may adopt rules and regulations as may be
necessary or advisable to implement the powers conferred by
this Act.
    (u) The Authority shall have the power to issue bonds,
notes or other evidences of indebtedness, which may be used to
make loans to units of local government which are authorized to
enter into loan agreements and other documents and to issue
bonds, notes and other evidences of indebtedness for the
purpose of financing the protection of storm sewer outfalls,
the construction of adequate storm sewer outfalls, and the
provision for flood protection of sanitary sewage treatment
plans, in counties that have established a stormwater
management planning committee in accordance with Section
5-1062 of the Counties Code. Any such loan shall be made by the
Authority pursuant to the provisions of Section 820-5 to 820-60
of this Act. The unit of local government shall pay back to the
Authority the principal amount of the loan, plus annual
interest as determined by the Authority. The Authority shall
have the power, subject to appropriations by the General
Assembly, to subsidize or buy down a portion of the interest on
such loans, up to 4% per annum.
    (v) The Authority may accept security interests as provided
in Sections 11-3 and 11-3.3 of the Illinois Public Aid Code.
    (w) Moral Obligation. In the event that the Authority
determines that monies of the Authority will not be sufficient
for the payment of the principal of and interest on its bonds
during the next State fiscal year, the Chairperson, as soon as
practicable, shall certify to the Governor the amount required
by the Authority to enable it to pay such principal of and
interest on the bonds. The Governor shall submit the amount so
certified to the General Assembly as soon as practicable, but
no later than the end of the current State fiscal year. This
subsection shall apply only to any bonds or notes as to which
the Authority shall have determined, in the resolution
authorizing the issuance of the bonds or notes, that this
subsection shall apply. Whenever the Authority makes such a
determination, that fact shall be plainly stated on the face of
the bonds or notes and that fact shall also be reported to the
Governor. In the event of a withdrawal of moneys from a reserve
fund established with respect to any issue or issues of bonds
of the Authority to pay principal or interest on those bonds,
the Chairperson of the Authority, as soon as practicable, shall
certify to the Governor the amount required to restore the
reserve fund to the level required in the resolution or
indenture securing those bonds. The Governor shall submit the
amount so certified to the General Assembly as soon as
practicable, but no later than the end of the current State
fiscal year. The Authority shall obtain written approval from
the Governor for any bonds and notes to be issued under this
Section. In addition to any other bonds authorized to be issued
under Sections 825-60, 825-65(e), 830-25 and 845-5, the
principal amount of Authority bonds outstanding issued under
this Section 801-40(w) or under 20 ILCS 3850/1-80 or 30 ILCS
360/2-6(c), which have been assumed by the Authority, shall not
exceed $150,000,000.
(Source: P.A. 93-205, eff. 1-1-04.)
 
    (20 ILCS 3501/805-15)
    Sec. 805-15. Industrial Project Insurance Fund. There is
created the Industrial Project Insurance Fund, hereafter
referred to in Sections 805-15 through 805-50 of this Act as
the "Fund". The Treasurer shall have custody of the Fund, which
shall be held outside of the State treasury, except that
custody may be transferred to and held by any bank, trust
company or other fiduciary with whom the Authority executes a
trust agreement as authorized by paragraph (h) of Section
805-20 of this Act. Any portion of the Fund against which a
charge has been made, shall be held for the benefit of the
holders of the loans or bonds insured under Section 805-20 of
this Act. There shall be deposited in the Fund such amounts,
including but not limited to:
    (a) All receipts of bond and loan insurance premiums;
    (b) All proceeds of assets of whatever nature received by
the Authority as a result of default or delinquency with
respect to insured loans or bonds with respect to which
payments from the Fund have been made, including proceeds from
the sale, disposal, lease or rental of real or personal
property which the Authority may receive under the provisions
of this Article but excluding the proceeds of insurance
hereunder;
    (c) All receipts from any applicable contract or agreement
entered into by the Authority under paragraph (b) of Section
805-20 of this Act;
    (d) Any State appropriations, transfers of appropriations,
or transfers of general obligation bond proceeds or other
monies made available to the Fund. Amounts in the Fund shall be
used in accordance with the provisions of this Article to
satisfy any valid insurance claim payable therefrom and may be
used for any other purpose determined by the Authority in
accordance with insurance contract or contracts with financial
institutions entered into pursuant to this Act, including
without limitation protecting the interest of the Authority in
industrial projects during periods of loan delinquency or upon
loan default through the purchase of industrial projects in
foreclosure proceedings or in lieu of foreclosure or through
any other means. Such amounts may also be used to pay
administrative costs and expenses reasonably allocable to the
activities in connection with the Fund and to pay taxes,
maintenance, insurance, security and any other costs and
expenses of bidding for, acquiring, owning, carrying and
disposing of industrial projects which were financed with the
proceeds of insured bonds or loans. In the case of a default in
payment with respect to any loan, mortgage or other agreement
so insured, the amount of the default shall immediately, and at
all times during the continuance of such default, and to the
extent provided in any applicable agreement, constitute a
charge on the Fund. Any amounts in the Fund not currently
needed to meet the obligations of the Fund may be invested as
provided by law in obligations designated by the Authority, and
all income from such investments shall become part of the Fund.
In making such investments, the Authority shall act with the
care, skill, diligence and prudence under the circumstances of
a prudent person acting in a like capacity in the conduct of an
enterprise of like character and with like aims. It shall
diversify such investments of the Authority so as to minimize
the risk of large losses, unless under the circumstances it is
clearly not prudent to do so. Any amounts in the Fund not
needed to meet the obligations of the Fund may be transferred
to the Credit Enhancement Development Fund of the Authority
pursuant to resolution of the members of the Authority.
(Source: P.A. 93-205, eff. 1-1-04.)
 
    Section 55-45. The Illinois Building Commission Act is
amended by changing Section 50 as follows:
 
    (20 ILCS 3918/50)
    Sec. 50. The Illinois Building Commission Fees Revolving
Fund. The Illinois Building Commission Revolving Fund is
created in the State treasury. The Illinois Building Commission
may establish fees, each of which may not exceed $250, for
services provided in fulfilling its mandate under this Act,
except that for dispute resolution between the Illinois
Department of Public Health and a health care provider, the
Commission may establish fees to be paid by the health care
provider, which may not exceed $10,000. All fees collected by
the Commission shall be deposited into the General Revenue Fund
Illinois Building Commission Revolving Fund. The Commission
may also accept donations or moneys from any other source for
deposit into this fund. The Illinois Building Commission All
interest accrued on the fees, donations, and other deposits to
the Illinois Building Commission Revolving Fund shall be
deposited into the fund. All moneys in the Illinois Building
Commission Revolving Fund may be used, subject to appropriation
by the General Assembly, may expend moneys to carry out the
activities of the Act, including the expenses of the Illinois
Building Commission, a clearinghouse on State building
requirements, or other purposes consistent with this Act.
(Source: P.A. 91-581, eff. 8-14-99; 92-803, eff. 8-16-02.)
 
    Section 55-50. The State Finance Act is amended by changing
Section 8c as follows:
 
    (30 ILCS 105/8c)  (from Ch. 127, par. 144c)
    Sec. 8c. Appropriations for projects and activities
authorized by The Build Illinois Act are payable from the Build
Illinois Purposes Fund, but may be obligated and expended only
with the written approval of the Governor in such amounts, at
such times, and for such purposes as contemplated in such
appropriations and in The Build Illinois Act.
(Source: P.A. 90-372, eff. 7-1-98.)
 
    Section 55-55. The Natural Heritage Fund Act is amended by
changing Section 4 as follows:
 
    (30 ILCS 150/4)  (from Ch. 105, par. 734)
    Sec. 4. The Natural Heritage Fund and the Natural Heritage
Endowment Trust Fund. There is established the Natural Heritage
Fund. The moneys in this fund shall be used, pursuant to
appropriation, exclusively by the Department for the
preservation and maintenance of natural heritage lands held in
the public trust. The Natural Heritage Fund shall be financed
through transfers of investment income earned by the Natural
Heritage Endowment Trust Fund created herebelow.
    The Natural Heritage Endowment Trust Fund (Trust Fund) is
created as a trust fund in the State treasury. The Trust Fund
shall be established in the form of an irrevocable trust in a
depository bank with capital in surplus of at least $50,000,000
and approved by the State Treasurer. The Trust Fund shall be
financed by a combination of private donations and by
appropriations by the General Assembly from the Build Illinois
Purposes Fund. The Department may accept from all sources,
contributions, grants, gifts, bequeaths, legacies of money and
securities to be deposited into the Trust Fund. All deposits
shall become part of the Trust Fund corpus. Moneys in the Trust
Fund, are not subject to appropriation and shall be used solely
to provide financing to the Natural Heritage Fund.
    All gifts, grants, assets, funds, or moneys received by the
Department under this Act shall be deposited and held in the
Trust Fund by the State Treasurer as ex officio custodian
separate and apart from all public moneys or funds of this
State and shall be administered by the Director exclusively for
the purposes set forth in this Act. All moneys in the Trust
Fund shall be invested and reinvested by the State Treasurer.
All interest accruing from these investments shall be deposited
in the Trust Fund.
    The Governor shall request and the General Assembly may
appropriate funds from the Build Illinois Purposes Fund to the
Trust Fund up to an amount not to exceed a total of $2,500,000.
Subject to appropriation, the Department shall pay into the
Trust Fund at the end of each fiscal year the sum of $500,000
and such sum equal to the amount by which private contributions
for the year exceed $500,000. Once the corpus of the Trust Fund
has reached $5,000,000, any obligation of the State to provide
State funds to the Trust Fund shall cease; however, additional
private funds donated specifically to the Trust Fund shall be
applied to the Trust Fund corpus.
(Source: P.A. 87-1197.)
 
    Section 55-60. The Build Illinois Bond Act is amended by
changing Section 2 as follows:
 
    (30 ILCS 425/2)  (from Ch. 127, par. 2802)
    Sec. 2. Authorization for Bonds. The State of Illinois is
authorized to issue, sell and provide for the retirement of
limited obligation bonds, notes and other evidences of
indebtedness of the State of Illinois in the total principal
amount of $3,805,509,000 herein called "Bonds". Such
authorized amount of Bonds shall be reduced from time to time
by amounts, if any, which are equal to the moneys received by
the Department of Revenue in any fiscal year pursuant to
Section 3-1001 of the "Illinois Vehicle Code", as amended, in
excess of the Annual Specified Amount (as defined in Section 3
of the "Retailers' Occupation Tax Act", as amended) and
transferred at the end of such fiscal year from the General
Revenue Fund to the Build Illinois Purposes Fund (now
abolished) as provided in Section 3-1001 of said Code;
provided, however, that no such reduction shall affect the
validity or enforceability of any Bonds issued prior to such
reduction. Such amount of authorized Bonds shall be exclusive
of any refunding Bonds issued pursuant to Section 15 of this
Act and exclusive of any Bonds issued pursuant to this Section
which are redeemed, purchased, advance refunded, or defeased in
accordance with paragraph (f) of Section 4 of this Act. Bonds
shall be issued for the categories and specific purposes
expressed in Section 4 of this Act.
(Source: P.A. 91-39, eff. 6-15-99; 91-53, eff. 6-30-99; 91-709,
eff. 5-17-00; 92-9, eff. 6-11-01; 92-598, 6-28-02.)
 
    Section 55-65. The Build Illinois Act is amended by
changing Sections 8-3, 9-3, 9-4.2, 9-5.2, and 10-3 as follows:
 
    (30 ILCS 750/8-3)  (from Ch. 127, par. 2708-3)
    Sec. 8-3. Powers of the Department. The Department has the
power to:
    (a) provide business development public infrastructure
loans or grants from appropriations from the Build Illinois
Bond Fund, the Build Illinois Purposes Fund, the Fund for
Illinois' Future, and the Public Infrastructure Construction
Loan Fund to local governments to provide or improve a
community's public infrastructure so as to create or retain
private sector jobs pursuant to the provisions of this Article;
    (b) provide affordable financing of public infrastructure
loans and grants to, or on behalf of, local governments, local
public entities, medical facilities, and public health clinics
from appropriations from the Public Infrastructure
Construction Loan Fund for the purpose of assisting with the
financing, or application and access to financing, of a
community's public infrastructure necessary to health, safety,
and economic development;
    (c) enter into agreements, accept funds or grants, and
engage in cooperation with agencies of the federal government,
or state or local governments to carry out the purposes of this
Article, and to use funds appropriated pursuant to this Article
to participate in federal infrastructure loan and grant
programs upon such terms and conditions as may be established
by the federal government;
    (d) establish application, notification, contract, and
other procedures, rules, or regulations deemed necessary and
appropriate to carry out the provisions of this Article;
    (e) coordinate assistance under this program with
activities of the Illinois Finance Authority in order to
maximize the effectiveness and efficiency of State development
programs;
    (f) coordinate assistance under the Affordable Financing
of Public Infrastructure Loan and Grant Program with the
activities of the Illinois Finance Authority, Illinois Finance
Authority, Illinois Finance Authority, Illinois Housing
Development Authority, Illinois Environmental Protection
Agency, and other federal and State programs and entities
providing financing assistance to communities for public
health, safety, and economic development infrastructure;
    (f-5) provide staff, administration, and related support
required to manage the programs authorized under this Article
and pay for the staffing, administration, and related support
from the Public Infrastructure Construction Loan Revolving
Fund;
    (g) exercise such other powers as are necessary or
incidental to the foregoing.
(Source: P.A. 93-205 (Sections 890-10, 890-34, and 890-43),
eff. 1-1-04; revised 10-3-03.)
 
    (30 ILCS 750/9-3)  (from Ch. 127, par. 2709-3)
    Sec. 9-3. Powers and duties. The Department has the power:
    (a) To make loans or equity investments to small
businesses, and to make loans or grants or investments to or
through financial intermediaries. The loans and investments
shall be made from appropriations from the Build Illinois Bond
Fund, Build Illinois Purposes Fund, Illinois Capital Revolving
Loan Fund or Illinois Equity Revolving Fund for the purpose of
promoting the creation or retention of jobs within small
businesses or to modernize or maintain competitiveness of firms
in Illinois. The grants shall be made from appropriations from
the Build Illinois Bond Fund, Build Illinois Purposes Fund, or
Illinois Capital Revolving Loan Fund for the purpose of
technical assistance.
    (b) To make loans to or investments in businesses that have
received federal Phase I Small Business Innovation Research
grants as a bridge while awaiting federal Phase II Small
Business Innovation Research grant funds.
    (c) To enter into interagency agreements, accept funds or
grants, and engage in cooperation with agencies of the federal
government, local units of government, universities, research
foundations, political subdivisions of the State, financial
intermediaries, and regional economic development corporations
or organizations for the purposes of carrying out this Article.
    (d) To enter into contracts, financial intermediary
agreements, or any other agreements or contracts with financial
intermediaries necessary or desirable to further the purposes
of this Article. Any such agreement or contract may include,
without limitation, terms and provisions including, but not
limited to loan documentation, review and approval procedures,
organization and servicing rights, and default conditions.
    (e) To fix, determine, charge and collect any premiums,
fees, charges, costs and expenses, including without
limitation, any application fees, commitment fees, program
fees, financing charges, collection fees, training fees, or
publication fees in connection with its activities under this
Article and to accept from any source any gifts, donations, or
contributions of money, property, labor, or other things of
value to be held, used, and applied to carry out the purposes
of this Article. All fees, charges, collections, gifts,
donations, or other contributions shall be deposited into the
Illinois Capital Revolving Loan Fund.
    (f) To establish application, notification, contract, and
other forms, procedures, rules or regulations deemed necessary
and appropriate.
    (g) To consent, subject to the provisions of any contract
with another person, whenever it deems it necessary or
desirable in the fulfillment of the purposes of this Article,
to the modification or restructuring of any financial
intermediary agreement, loan agreement or any equity
investment agreement to which the Department is a party.
    (h) To take whatever actions are necessary or appropriate
to protect the State's interest in the event of bankruptcy,
default, foreclosure, or noncompliance with the terms and
conditions of financial assistance or participation provided
hereunder or to otherwise protect or affect the State's
interest, including the power to sell, dispose, lease or rent,
upon terms and conditions determined by the Director to be
appropriate, real or personal property which the Department may
receive as a result thereof.
    (i) To deposit any "Qualified Securities" which have been
received by the Department as the result of any financial
intermediary agreement, loan, or equity investment agreement
executed in the carrying out of this Act, with the Office of
the State Treasurer and held by that office until agreement to
transfer such qualified security shall be certified by the
Director of the Department of Commerce and Economic Opportunity
Community Affairs.
    (j) To assist small businesses that seek to apply for
public or private capital in preparing the application and to
supply them with grant information, plans, reports,
assistance, or advice on development finance and to assist
financial intermediaries and participating lenders to build
capacity to make debt or equity investments through
conferences, workshops, seminars, publications, or any other
media.
    (k) To provide for staff, administration, and related
support required to manage the programs authorized under this
Article and pay for staffing and administration from the
Illinois Capital Revolving Loan Fund, as appropriated by the
General Assembly. Administration responsibilities may include,
but are not limited to, research and identification of credit
disadvantaged groups; design of comprehensive statewide
capital access plans and programs addressing capital gap and
capital marketplace structure and information barriers;
direction, management, and control of specific projects; and
communicate and cooperation with public development finance
organizations and private debt and equity sources.
    (l) To exercise such other powers as are necessary or
incidental to the foregoing.
(Source: P.A. 88-422; revised 12-6-03.)
 
    (30 ILCS 750/9-4.2)  (from Ch. 127, par. 2709-4.2)
    Sec. 9-4.2. Illinois Capital Revolving Loan Fund.
    (a) There is hereby created the Illinois Capital Revolving
Loan Fund, hereafter referred to in this Article as the
"Capital Fund" to be held as a separate fund within the State
Treasury.
    The purpose of the Capital Fund is to finance intermediary
agreements, administration, technical assistance agreements,
loans, grants, or investments in Illinois. In addition, funds
may be used for a one time transfer in fiscal year 1994, not to
exceed the amounts appropriated, to the Public Infrastructure
Construction Loan Revolving Fund for grants and loans pursuant
to the Public Infrastructure Loan and Grant Program Act.
Investments, administration, grants, and financial aid shall
be used for the purposes set for in this Article. Loan
financing will be in the form of loan agreements pursuant to
the terms and conditions set forth in this Article. All loans
shall be conditioned on the project receiving financing from
participating lenders or other investors. Loan proceeds shall
be available for project costs, except for debt refinancing.
    (b) There shall be deposited in the Capital Fund such
amounts, including but not limited to:
        (i) All receipts, including dividends, principal and
    interest payments and royalties, from any applicable loan,
    intermediary, or technical assistance agreement made from
    the Capital Fund or from direct appropriations from the
    Build Illinois Bond Fund or the Build Illinois Purposes
    Fund (now abolished) by the General Assembly entered into
    by the Department;
        (ii) All proceeds of assets of whatever nature received
    by the Department as a result of default or delinquency
    with respect to loan agreements made from the Capital Fund
    or from direct appropriations by the General Assembly,
    including proceeds from the sale, disposal, lease or rental
    of real or personal property which the Department may
    receive as a result thereof;
        (iii) Any appropriations, grants or gifts made to the
    Capital Fund;
        (iv) Any income received from interest on investments
    of moneys in the Capital Fund;
        (v) All moneys resulting from the collection of
    premiums, fees, charges, costs, and expenses described in
    subsection (e) of Section 9-3.
    (c) The Treasurer may invest moneys in the Capital Fund in
securities constituting obligations of the United States
Government, or in obligations the principal of and interest on
which are guaranteed by the United States Government, in
obligations the principal of and interest on which are
guaranteed by the United States Government, or in certificates
of deposit of any State or national bank which are fully
secured by obligations guaranteed as to principal and interest
by the United States Government.
(Source: P.A. 88-422.)
 
    (30 ILCS 750/9-5.2)  (from Ch. 127, par. 2709-5.2)
    Sec. 9-5.2. Illinois Equity Investment Revolving Fund.
    (a) There is created the Illinois Equity Investment
Revolving Fund, hereafter referred to in this Article as the
"Equity Fund" to be held as a separate fund within the State
Treasury. The purpose of the Equity Fund is to make equity
investments in Illinois. All financing will be done in
conjunction with participating lenders or other investors.
Investment proceeds may be directed to working capital expenses
associated with the introduction of new technical products or
services of individual business projects or may be used for
equity finance pools operated by intermediaries.
    (b) There shall be deposited in the Equity Fund such
amounts, including but not limited to:
        (i) All receipts including dividends, principal and
    interest payments, royalties, or other return on
    investment from any applicable loan made from the Equity
    Fund, from direct appropriations by the General Assembly
    from the Build Illinois Fund or the Build Illinois Purposes
    Fund (now abolished), or from intermediary agreements made
    from the Equity Fund entered into by the Department;
        (ii) All proceeds of assets of whatever nature received
    by the Department as a result of default or delinquency
    with respect to loan agreements made from the Equity Fund,
    or from direct appropriations by the General Assembly
    including proceeds from the sale, disposal, lease or rental
    of real or personal property which the Department may
    receive as a result thereof;
        (iii) any appropriations, grants or gifts made to the
    Equity Fund;
        (iv) any income received from interest on investments
    of moneys in the Equity Fund.
    (c) The Treasurer may invest moneys in the Equity Fund in
securities constituting direct obligations of the United
States Government, or in obligations the principal of and
interest on which are guaranteed by the United States
Government, or in certificates of deposit of any State or
national bank which are fully secured by obligations guaranteed
as to principal and interest by the United States Government.
(Source: P.A. 88-422.)
 
    (30 ILCS 750/10-3)  (from Ch. 127, par. 2710-3)
    Sec. 10-3. Powers and Duties. The Department has the power
to:
    (a) Provide loans from the Build Illinois Bond Fund, the
Build Illinois Purposes Fund, the Fund for Illinois' Future, or
the Large Business Attraction Fund to a business undertaking a
project and accept mortgages or other evidences of indebtedness
or security of such business.
    (b) Provide grants from the Build Illinois Bond Fund, the
Build Illinois Purposes Fund, the Fund for Illinois' Future, or
the Large Business Attraction Fund to or for the direct benefit
of a business undertaking a project. Any such grant shall (i)
be made and used only for the purpose of assisting the
financing of the business for the project in order to reduce
the cost of financing to the business, (ii) be made only if a
participating lender, or other funding source including the
applicant, also provides a portion of the financing with
respect to the project, and only if the Department determines,
on the basis of all the information available to it, that the
project would not be undertaken in Illinois unless the grant is
provided, (iii) provide no more than 25% of the total dollar
amount of any single project cost and be approved for amounts
from the Fund not to exceed $500,000 for any single project,
unless waived by the Director upon a finding that such waiver
is appropriate to accomplish the purpose of this Article, (iv)
be made only after the Department has determined that the grant
will cause a project to be undertaken which has the potential
to create substantial employment in relation to the amount of
the grant, and (v) be made with a business that has certified
the project is a new plant start-up or expansion and is not a
relocation of an existing business from another site in
Illinois unless that relocation results in substantial
employment growth.
    (c) Enter into agreements, accept funds or grants and
cooperate with agencies of the federal government, local units
of government and local regional economic development
corporations or organizations for the purposes of carrying out
this Article.
    (d) Enter into contracts, letters of credit or any other
agreements or contracts with financial institutions necessary
or desirable to carry out the purposes of this Article. Any
such agreement or contract may include, without limitation,
terms and provisions relating to a specific project such as
loan documentation, review and approval procedures,
organization and servicing rights, default conditions and
other program aspects.
    (e) Fix, determine, charge and collect any premiums, fees,
charges, costs and expenses, including application fees,
commitment fees, program fees, financing charges or
publication fees in connection with its activities under this
Article.
    (f) Establish application, notification, contract and
other procedures, rules or regulations deemed necessary and
appropriate.
    (g) Subject to the provisions of any contract with another
person and consent to the modification or restructuring of any
loan agreement to which the Department is a party.
    (h) Take any actions which are necessary or appropriate to
protect the State's interest in the event of bankruptcy,
default, foreclosure or noncompliance with the terms and
conditions of financial assistance or participation provided
under this Article, including the power to sell, dispose, lease
or rent, upon terms and conditions determined by the Director
to be appropriate, real or personal property which the
Department may receive as a result thereof.
    (i) Acquire and accept by gift, grant, purchase or
otherwise, but not by condemnation, fee simple title, or such
lesser interest as may be desired, in land, and to improve or
arrange for the improvement of such land for industrial or
commercial site development purposes, and to lease or convey
such land, or interest in land, so acquired and so improved,
including sale and conveyance subject to a mortgage, for such
price, upon such terms and at such time as the Department may
determine, provided that prior to exercising its authority
under this subsection, the Director shall find that other means
of financing and developing any such project are not reasonably
available and that such action is consistent with the purposes
and policies of this Article.
    (j) Provide grants from the Build Illinois Bond Fund or
Build Illinois Purposes Fund to municipalities and counties to
demolish abandoned buildings pursuant to Section 11-31-1 of the
Illinois Municipal Code or Section 5-1080 of the Counties Code,
for the purpose of making unimproved land available for
purchase by businesses for economic development. Such grants
shall be provided only when: (1) the owner of property on which
the abandoned building is situated has entered into a contract
to sell such property; (2) the Department has determined that
the grant will be used to cause a project to be undertaken
which will result in the creation of employment; (3) the
business which has entered into a contract to purchase the
property has certified that it will use the property for a
project which is a new plant start-up or expansion or a new
venture opportunity and is not a relocation of an existing
business from another site within the State unless that
relocation results in substantial employment growth. If a
municipality or county receives grants under this paragraph, it
shall file a notice of lien against the owner or owners of such
demolished buildings to recover the costs and expenses incurred
in the demolition of such buildings pursuant to Section 11-31-1
of the Illinois Municipal Code or Section 5-1080 of the
Counties Code. All such costs and expenses recovered by the
county or municipality shall be paid to the Department for
deposit in the Build Illinois Purposes Account. Priority shall
be given to enterprise zones or those areas with high
unemployment whose tax base is adversely impacted by the
closing of existing factories.
    (k) Exercise such other powers as are necessary or
incidental to the foregoing.
(Source: P.A. 91-34, eff. 7-1-99.)
 
    Section 55-70. The Cigarette Tax Act is amended by changing
Sections 2 and 29 as follows:
 
    (35 ILCS 130/2)  (from Ch. 120, par. 453.2)
    Sec. 2. Tax imposed; rate; collection, payment, and
distribution; discount.
    (a) A tax is imposed upon any person engaged in business as
a retailer of cigarettes in this State at the rate of 5 1/2
mills per cigarette sold, or otherwise disposed of in the
course of such business in this State. In addition to any other
tax imposed by this Act, a tax is imposed upon any person
engaged in business as a retailer of cigarettes in this State
at a rate of 1/2 mill per cigarette sold or otherwise disposed
of in the course of such business in this State on and after
January 1, 1947, and shall be paid into the Metropolitan Fair
and Exposition Authority Reconstruction Fund or as otherwise
provided in Section 29. On and after December 1, 1985, in
addition to any other tax imposed by this Act, a tax is imposed
upon any person engaged in business as a retailer of cigarettes
in this State at a rate of 4 mills per cigarette sold or
otherwise disposed of in the course of such business in this
State. Of the additional tax imposed by this amendatory Act of
1985, $9,000,000 of the moneys received by the Department of
Revenue pursuant to this Act shall be paid each month into the
Common School Fund. On and after the effective date of this
amendatory Act of 1989, in addition to any other tax imposed by
this Act, a tax is imposed upon any person engaged in business
as a retailer of cigarettes at the rate of 5 mills per
cigarette sold or otherwise disposed of in the course of such
business in this State. On and after the effective date of this
amendatory Act of 1993, in addition to any other tax imposed by
this Act, a tax is imposed upon any person engaged in business
as a retailer of cigarettes at the rate of 7 mills per
cigarette sold or otherwise disposed of in the course of such
business in this State. On and after December 15, 1997, in
addition to any other tax imposed by this Act, a tax is imposed
upon any person engaged in business as a retailer of cigarettes
at the rate of 7 mills per cigarette sold or otherwise disposed
of in the course of such business of this State. All of the
moneys received by the Department of Revenue pursuant to this
Act and the Cigarette Use Tax Act from the additional taxes
imposed by this amendatory Act of 1997, shall be paid each
month into the Common School Fund. On and after July 1, 2002,
in addition to any other tax imposed by this Act, a tax is
imposed upon any person engaged in business as a retailer of
cigarettes at the rate of 20.0 mills per cigarette sold or
otherwise disposed of in the course of such business in this
State. The payment of such taxes shall be evidenced by a stamp
affixed to each original package of cigarettes, or an
authorized substitute for such stamp imprinted on each original
package of such cigarettes underneath the sealed transparent
outside wrapper of such original package, as hereinafter
provided. However, such taxes are not imposed upon any activity
in such business in interstate commerce or otherwise, which
activity may not under the Constitution and statutes of the
United States be made the subject of taxation by this State.
    Beginning on the effective date of this amendatory Act of
the 92nd General Assembly, all of the moneys received by the
Department of Revenue pursuant to this Act and the Cigarette
Use Tax Act, other than the moneys that are dedicated to the
Metropolitan Fair and Exposition Authority Reconstruction Fund
and the Common School Fund, shall be distributed each month as
follows: first, there shall be paid into the General Revenue
Fund an amount which, when added to the amount paid into the
Common School Fund for that month, equals $33,300,000, except
that in the month of August of 2004, this amount shall equal
$83,300,000; then, from the moneys remaining, if any amounts
required to be paid into the General Revenue Fund in previous
months remain unpaid, those amounts shall be paid into the
General Revenue Fund; then, beginning on April 1, 2003, from
the moneys remaining, $5,000,000 per month shall be paid into
the School Infrastructure Fund; then, if any amounts required
to be paid into the School Infrastructure Fund in previous
months remain unpaid, those amounts shall be paid into the
School Infrastructure Fund; then the moneys remaining, if any,
shall be paid into the Long-Term Care Provider Fund. To the
extent that more than $25,000,000 has been paid into the
General Revenue Fund and Common School Fund per month for the
period of July 1, 1993 through the effective date of this
amendatory Act of 1994 from combined receipts of the Cigarette
Tax Act and the Cigarette Use Tax Act, notwithstanding the
distribution provided in this Section, the Department of
Revenue is hereby directed to adjust the distribution provided
in this Section to increase the next monthly payments to the
Long Term Care Provider Fund by the amount paid to the General
Revenue Fund and Common School Fund in excess of $25,000,000
per month and to decrease the next monthly payments to the
General Revenue Fund and Common School Fund by that same excess
amount.
    When any tax imposed herein terminates or has terminated,
distributors who have bought stamps while such tax was in
effect and who therefore paid such tax, but who can show, to
the Department's satisfaction, that they sold the cigarettes to
which they affixed such stamps after such tax had terminated
and did not recover the tax or its equivalent from purchasers,
shall be allowed by the Department to take credit for such
absorbed tax against subsequent tax stamp purchases from the
Department by such distributor.
    The impact of the tax levied by this Act is imposed upon
the retailer and shall be prepaid or pre-collected by the
distributor for the purpose of convenience and facility only,
and the amount of the tax shall be added to the price of the
cigarettes sold by such distributor. Collection of the tax
shall be evidenced by a stamp or stamps affixed to each
original package of cigarettes, as hereinafter provided.
    Each distributor shall collect the tax from the retailer at
or before the time of the sale, shall affix the stamps as
hereinafter required, and shall remit the tax collected from
retailers to the Department, as hereinafter provided. Any
distributor who fails to properly collect and pay the tax
imposed by this Act shall be liable for the tax. Any
distributor having cigarettes to which stamps have been affixed
in his possession for sale on the effective date of this
amendatory Act of 1989 shall not be required to pay the
additional tax imposed by this amendatory Act of 1989 on such
stamped cigarettes. Any distributor having cigarettes to which
stamps have been affixed in his or her possession for sale at
12:01 a.m. on the effective date of this amendatory Act of
1993, is required to pay the additional tax imposed by this
amendatory Act of 1993 on such stamped cigarettes. This
payment, less the discount provided in subsection (b), shall be
due when the distributor first makes a purchase of cigarette
tax stamps after the effective date of this amendatory Act of
1993, or on the first due date of a return under this Act after
the effective date of this amendatory Act of 1993, whichever
occurs first. Any distributor having cigarettes to which stamps
have been affixed in his possession for sale on December 15,
1997 shall not be required to pay the additional tax imposed by
this amendatory Act of 1997 on such stamped cigarettes.
    Any distributor having cigarettes to which stamps have been
affixed in his or her possession for sale on July 1, 2002 shall
not be required to pay the additional tax imposed by this
amendatory Act of the 92nd General Assembly on those stamped
cigarettes.
    The amount of the Cigarette Tax imposed by this Act shall
be separately stated, apart from the price of the goods, by
both distributors and retailers, in all advertisements, bills
and sales invoices.
    (b) The distributor shall be required to collect the taxes
provided under paragraph (a) hereof, and, to cover the costs of
such collection, shall be allowed a discount during any year
commencing July 1st and ending the following June 30th in
accordance with the schedule set out hereinbelow, which
discount shall be allowed at the time of purchase of the stamps
when purchase is required by this Act, or at the time when the
tax is remitted to the Department without the purchase of
stamps from the Department when that method of paying the tax
is required or authorized by this Act. Prior to December 1,
1985, a discount equal to 1 2/3% of the amount of the tax up to
and including the first $700,000 paid hereunder by such
distributor to the Department during any such year; 1 1/3% of
the next $700,000 of tax or any part thereof, paid hereunder by
such distributor to the Department during any such year; 1% of
the next $700,000 of tax, or any part thereof, paid hereunder
by such distributor to the Department during any such year, and
2/3 of 1% of the amount of any additional tax paid hereunder by
such distributor to the Department during any such year shall
apply. On and after December 1, 1985, a discount equal to 1.75%
of the amount of the tax payable under this Act up to and
including the first $3,000,000 paid hereunder by such
distributor to the Department during any such year and 1.5% of
the amount of any additional tax paid hereunder by such
distributor to the Department during any such year shall apply.
    Two or more distributors that use a common means of
affixing revenue tax stamps or that are owned or controlled by
the same interests shall be treated as a single distributor for
the purpose of computing the discount.
    (c) The taxes herein imposed are in addition to all other
occupation or privilege taxes imposed by the State of Illinois,
or by any political subdivision thereof, or by any municipal
corporation.
(Source: P.A. 92-536, eff. 6-6-02; 93-839, eff. 7-30-04.)
 
    (35 ILCS 130/29)  (from Ch. 120, par. 453.29)
    Sec. 29. All moneys received by the Department from the
one-half mill tax imposed by the Sixty-fourth General Assembly
and all interest and penalties, received in connection
therewith under the provisions of this Act shall be paid into
the Metropolitan Fair and Exposition Authority Reconstruction
Fund. All other moneys received by the Department under this
Act shall be paid into the General Revenue Fund in the State
treasury. After there has been paid into the Metropolitan Fair
and Exposition Authority Reconstruction Fund sufficient money
to pay in full both principal and interest, all of the
outstanding bonds issued pursuant to the "Fair and Exposition
Authority Reconstruction Act", the State Treasurer and
Comptroller shall transfer to the General Revenue Fund the
balance of moneys remaining in the Metropolitan Fair and
Exposition Authority Reconstruction Fund except for $2,500,000
which shall remain in the Metropolitan Fair and Exposition
Authority Reconstruction Fund and which may be appropriated by
the General Assembly for the corporate purposes of the
Metropolitan Pier and Exposition Authority. All monies
received by the Department in fiscal year 1978 and thereafter
from the one-half mill tax imposed by the Sixty-fourth General
Assembly, and all interest and penalties received in connection
therewith under the provisions of this Act, shall be paid into
the General Revenue Fund, except that the Department shall pay
the first $4,800,000 received in fiscal years 1979 through 2001
from that one-half mill tax into the Metropolitan Fair and
Exposition Authority Reconstruction Fund which monies may be
appropriated by the General Assembly for the corporate purposes
of the Metropolitan Pier and Exposition Authority.
    In fiscal year 2002 and fiscal year 2003, the first
$4,800,000 from the one-half mill tax shall be paid into the
Statewide Economic Development Fund.
    All moneys received by the Department in fiscal year 2006
and thereafter from the one-half mill tax imposed by the 64th
General Assembly and all interest and penalties received in
connection with that tax under the provisions of this Act shall
be paid into the General Revenue Fund.
(Source: P.A. 92-208, eff. 8-2-01; 93-22, eff. 6-20-03.)
 
    Section 55-75. The Civic Center Code is amended by changing
Section 240-20 as follows:
 
    (70 ILCS 200/240-20)
    Sec. 240-20. State office building. The Authority may make
expenditures for the planning, acquisition, development and
construction of a State office building in Rockford, Illinois.
Such expenditures may be made from funds appropriated for such
purposes from the Build Illinois Bond Fund or the Build
Illinois Purposes Fund, created by the 84th General Assembly.
(Source: P.A. 90-328, eff. 1-1-98.)
 
    Section 55-80. The Metropolitan Pier and Exposition
Authority Act is amended by changing Section 10 as follows:
 
    (70 ILCS 210/10)  (from Ch. 85, par. 1230)
    Sec. 10. The Authority shall have the continuing power to
borrow money for the purpose of carrying out and performing its
duties and exercising its powers under this Act.
    For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to ordinance adopted by the Board, from
time to time issue and dispose of its revenue bonds and notes
(herein collectively referred to as bonds), and may also from
time to time issue and dispose of its revenue bonds to refund
any bonds at maturity or pursuant to redemption provisions or
at any time before maturity as provided for in Section 10.1.
All such bonds shall be payable solely from any one or more of
the following sources: the revenues or income to be derived
from the fairs, expositions, meetings, and conventions and
other authorized activities of the Authority; funds, if any,
received and to be received by the Authority from the Fair and
Exposition Fund, as allocated by the Department of Agriculture
of this State; from the Metropolitan Fair and Exposition
Authority Reconstruction Fund; from the Metropolitan Fair and
Exposition Authority Improvement Bond Fund pursuant to
appropriation by the General Assembly; from the McCormick Place
Expansion Project Fund pursuant to appropriation by the General
Assembly; from any revenues or funds pledged or provided for
such purposes by any governmental agency; from any revenues of
the Authority from taxes it is authorized to impose; from the
proceeds of refunding bonds issued for that purpose; or from
any other lawful source derived. Such bonds may bear such date
or dates, may mature at such time or times not exceeding 40
years from their respective dates, may bear interest at such
rate or rates payable at such times, may be in such form, may
carry such registration privileges, may be executed in such
manner, may be payable at such place or places, may be made
subject to redemption in such manner and upon such terms, with
or without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in the ordinance adopted by
the Board providing for such bonds. In case any officer whose
signature appears on any bond ceases (after attaching his
signature) to hold office, his signature shall nevertheless be
valid and effective for all purposes. The holder or holders of
any bonds or interest coupons appertaining thereto issued by
the Authority or any trustee on behalf of the holders may bring
civil actions to compel the performance and observance by the
Authority or any of its officers, agents or employees of any
contract or covenant made by the Authority with the holders of
such bonds or interest coupons and to compel the Authority and
any of its officers, agents or employees to perform any duties
required to be performed for the benefit of the holders of any
such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance and to enjoin the
Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or
covenant.
    Notwithstanding the form and tenor of any such bonds and in
the absence of any express recital on the face thereof that it
is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
    The bonds shall be sold by the corporate authorities of the
Authority in such manner as the corporate authorities shall
determine.
    From and after the issuance of any bonds as herein provided
it shall be the duty of the corporate authorities of the
Authority to fix and establish rates, charges, rents and fees
for the use of its grounds, buildings, and facilities that will
be sufficient at all times, together with other revenues of the
Authority available for that purpose, to pay:
        (a) The cost of maintaining, repairing, regulating and
    operating the grounds, buildings, and facilities; and
        (b) The bonds and interest thereon as they shall become
    due, and all sinking fund requirements and other
    requirements provided by the ordinance authorizing the
    issuance of the bonds or as provided by any trust agreement
    executed to secure payment thereof.
    The Authority may provide that bonds issued under this Act
shall be payable from and secured by an assignment and pledge
of and grant of a lien on and a security interest in unexpended
bond proceeds, the proceeds of any refunding bonds, reserves or
sinking funds and earnings thereon, or all or any part of the
moneys, funds, income and revenues of the Authority from any
source derived, including, without limitation, any revenues of
the Authority from taxes it is authorized to impose, the net
revenues of the Authority from its operations, payments from
the Metropolitan Fair and Exposition Authority Improvement
Bond Fund or from the McCormick Place Expansion Project Fund to
the Authority or upon its direction to any trustee or trustees
under any trust agreement securing such bonds, payments from
any governmental agency, or any combination of the foregoing.
In no event shall a lien or security interest upon the physical
facilities of the Authority be created by any such lien, pledge
or security interest. The Authority may execute and deliver a
trust agreement or agreements to secure the payment of such
bonds and for the purpose of setting forth covenants and
undertakings of the Authority in connection with issuance
thereof. Such pledge, assignment and grant of a lien and
security interest shall be effective immediately without any
further filing or action and shall be effective with respect to
all persons regardless of whether any such person shall have
notice of such pledge, assignment, lien or security interest.
    In connection with the issuance of its bonds, the Authority
may enter into arrangements to provide additional security and
liquidity for the bonds. These may include, without limitation,
municipal bond insurance, letters of credit, lines of credit by
which the Authority may borrow funds to pay or redeem its bonds
and purchase or remarketing arrangements for assuring the
ability of owners of the Authority's bonds to sell or to have
redeemed their bonds. The Authority may enter into contracts
and may agree to pay fees to persons providing such
arrangements, including from bond proceeds. No such
arrangement or contract shall be considered a bond or note for
purposes of any limitation on the issuance of bonds or notes by
the Authority.
    The ordinance of the Board authorizing the issuance of its
bonds may provide that interest rates may vary from time to
time depending upon criteria established by the Board, which
may include, without limitation, a variation in interest rates
as may be necessary to cause bonds to be remarketable from time
to time at a price equal to their principal amount, and may
provide for appointment of a national banking association,
bank, trust company, investment banker or other financial
institution to serve as a remarketing agent in that connection.
The ordinance of the board authorizing the issuance of its
bonds may provide that alternative interest rates or provisions
will apply during such times as the bonds are held by a person
providing a letter of credit or other credit enhancement
arrangement for those bonds.
    To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings of
the Authority in connection with the issuance thereof and the
issuance of any additional bonds payable from moneys, funds,
revenue and income of the Authority to be derived from any
source, the Authority may execute and deliver a trust agreement
or agreements; provided that no lien upon any real property of
the Authority shall be created thereby.
    A remedy for any breach or default of the terms of any such
trust agreement by the Authority may be by mandamus proceedings
in the circuit court to compel performance and compliance
therewith, but the trust agreement may prescribe by whom or on
whose behalf such action may be instituted.
    In connection with the issuance of its bonds under this
Act, the Authority may enter into contracts that it determines
necessary or appropriate to permit it to manage payment or
interest rate risk. These contracts may include, but are not
limited to, interest rate exchange agreements; contracts
providing for payment or receipt of funds based on levels of or
changes in interest rates; contracts to exchange cash flows or
series of payments; and contracts incorporating interest rate
caps, collars, floors, or locks.
(Source: P.A. 92-208, eff. 8-2-01.)
 
    Section 55-85. The Fair and Exposition Authority
Reconstruction Act is amended by changing Sections 3 and 8 as
follows:
 
    (70 ILCS 215/3)  (from Ch. 85, par. 1250.3)
    Sec. 3. The Metropolitan Pier and Exposition Authority is
authorized to borrow money and issue bonds in a total amount
not to exceed $40,000,000 for the purpose of reconstructing the
convention hall and exposition building known as McCormick
Place. Such bonds shall be payable solely from funds received
by the Authority from appropriations, if any, to be made to
said Authority from time to time by future General Assemblies
of the State of Illinois from the Metropolitan Fair and
Exposition Authority Reconstruction Fund.
(Source: P.A 87-895.)
 
    (70 ILCS 215/8)  (from Ch. 85, par. 1250.8)
    Sec. 8. Appropriations From moneys required to be paid into
the Metropolitan Fair and Exposition Authority Reconstruction
Fund in the State Treasury pursuant to Sections 2 and 29 of the
Cigarette Tax Act, appropriations may be made from time to time
by the General Assembly to the Metropolitan Pier and Exposition
Authority for the payment of principal and interest of bonds of
the Authority issued under the provisions of this Act and for
any other lawful purpose of the Authority. Any and all of the
funds so received shall be kept separate and apart from any and
all other funds of the Authority. After there has been paid
into the Metropolitan Fair and Exposition Authority
Reconstruction Fund in the State Treasury sufficient money,
pursuant to this Section and Sections 2 and 29 of the Cigarette
Tax Act, to retire all bonds payable from that Fund, the taxes
derived from Section 28 of the Illinois Horse Racing Act of
1975 which were required to be paid into that Fund pursuant to
that Act shall thereafter be paid into the Metropolitan
Exposition, Auditorium and Office Building Fund in the State
Treasury.
(Source: P.A. 87-895.)
 
    Section 55-90. The Soil and Water Conservation District Act
is amended by changing Section 6 as follows:
 
    (70 ILCS 405/6)  (from Ch. 5, par. 111)
    Sec. 6. Powers and duties. In addition to the powers and
duties otherwise conferred upon the Department, it shall have
the following powers and duties:
    (1) To offer such assistance as may be appropriate to the
directors of soil and water conservation districts, organized
as provided hereinafter, in the carrying out of any of the
powers and programs.
    (2) To keep the directors of each of said several districts
informed of the activities and experience of other such
districts, and to facilitate an interchange of advice and
experience between such districts and cooperation between
them.
    (3) To coordinate the programs of the several districts so
far as this may be done by advice and consultation.
    (4) To seek the cooperation and assistance of the United
States and of agencies of this State, in the work of such
districts.
    (5) To disseminate information throughout the State
concerning the formation of such districts, and to assist in
the formation of such districts in areas where their
organization is desirable.
    (6) To consider, review, and express its opinion concerning
any rules, regulations, ordinances or other action of the board
of directors of any district and to advise such board of
directors accordingly.
    (7) To prepare and submit to the Director of the Department
an annual budget.
    (8) To develop and coordinate a comprehensive State erosion
and sediment control program, including guidelines to be used
by districts in implementing this program. In developing this
program, the Department may consult with and request technical
assistance from local, State and federal agencies, and may
consult and advise with technically qualified persons and with
the soil and water conservation districts. The guidelines
developed may be revised from time to time as necessary.
    (9) To promote among its members the management of marginal
agricultural and other rural lands for forestry, consistent
with the goals and purposes of the "Illinois Forestry
Development Act".
    Nothing in this Act shall authorize the Department or any
district to regulate or control point source discharges to
waters.
    (10) To make grants subject to annual appropriation from
the Build Illinois Purposes Fund, the Build Illinois Bond Fund
or any other sources, including the federal government, to Soil
and Water Conservation Districts and the Soil Conservation
Service.
    (11) To provide payment for outstanding health care costs
of Soil and Water Conservation District employees incurred
between January 1, 1996 and December 31, 1996 that were
eligible for reimbursement from the District's insurance
carrier, Midcontinent Medical Benefit Trust, but have not been
paid to date by Midcontinent. All claims shall be filed with
the Department on or before January 30, 1998 to be considered
for payment under the provisions of this amendatory Act of
1997. The Department shall approve or reject claims based upon
documentation and in accordance with established procedures.
The authority granted under this item (11) expires on September
1, 1998.
    Nothing in this Act shall authorize the Department in any
district to regulate or curtail point source discharges to
waters.
(Source: P.A. 90-565, eff. 1-2-98.)
 
    Section 55-95. The School Code is amended by changing
Section 2-3.120 as follows:
 
    (105 ILCS 5/2-3.120)
    Sec. 2-3.120. Non-Public school students' access to
technology.
    (a) The General Assembly finds and declares that the
Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the educational
development of all persons to the limit of their capacities",
and that the educational development of every school student
serves the public purposes of the State. In order to enable
Illinois students to leave school with the basic skills and
knowledge that will enable them to find and hold jobs and
otherwise function as productive members of society in the 21st
Century, all students must have access to the vast educational
resources provided by computers. The provisions of this Section
are in the public interest, for the public benefit, and serve a
secular public purpose.
    (b) The State Board of Education shall provide non-public
schools with ports to the Board's statewide educational
network, provided that this access does not diminish the
services available to public schools and students. The State
Board of Education shall charge for this access in an amount
necessary to offset its cost. Amounts received by the State
Board of Education under this Section shall be deposited in the
General Revenue Fund School Technology Revolving Fund as
described in Section 2-3.121. The statewide network may be used
only for secular educational purposes.
    (c) For purposes of this Section, a non-public school
means: (i) any non-profit, non-public college; or (ii) any
non-profit, non-home-based, non-public elementary or secondary
school that is in compliance with Title VI of the Civil Rights
Act of 1964 and attendance at which satisfies the requirements
of Section 26-1 of the School Code.
(Source: P.A. 90-463, eff. 8-17-97; 90-566, eff. 1-2-98;
90-655, eff. 7-30-98.)
 
    Section 55-100. The Chicago State University Law is amended
by changing Section 5-75 as follows:
 
    (110 ILCS 660/5-75)
    Sec. 5-75. Engineering facilities. The Board is authorized
to construct engineering facilities with funds appropriated
for that purpose from the Build Illinois Bond Fund or the Build
Illinois Purposes Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    Section 55-105. The Eastern Illinois University Law is
amended by changing Section 10-75 as follows:
 
    (110 ILCS 665/10-75)
    Sec. 10-75. Engineering facilities. The Board is
authorized to construct engineering facilities with funds
appropriated for that purpose from the Build Illinois Bond Fund
or the Build Illinois Purposes Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    Section 55-110. The Governors State University Law is
amended by changing Section 15-75 as follows:
 
    (110 ILCS 670/15-75)
    Sec. 15-75. Engineering facilities. The Board is
authorized to construct engineering facilities with funds
appropriated for that purpose from the Build Illinois Bond Fund
or the Build Illinois Purposes Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    Section 55-115. The Illinois State University Law is
amended by changing Section 20-75 as follows:
 
    (110 ILCS 675/20-75)
    Sec. 20-75. Engineering facilities. The Board is
authorized to construct engineering facilities with funds
appropriated for that purpose from the Build Illinois Bond Fund
or the Build Illinois Purposes Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    Section 55-120. The Northeastern Illinois University Law
is amended by changing Section 25-75 as follows:
 
    (110 ILCS 680/25-75)
    Sec. 25-75. Engineering facilities. The Board is
authorized to construct engineering facilities with funds
appropriated for that purpose from the Build Illinois Bond Fund
or the Build Illinois Purposes Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    Section 55-125. The Northern Illinois University Law is
amended by changing Section 30-75 as follows:
 
    (110 ILCS 685/30-75)
    Sec. 30-75. Engineering facilities. The Board is
authorized to construct engineering facilities with funds
appropriated for that purpose from the Build Illinois Bond Fund
or the Build Illinois Purposes Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    Section 55-130. The Western Illinois University Law is
amended by changing Section 35-75 as follows:
 
    (110 ILCS 690/35-75)
    Sec. 35-75. Engineering facilities. The Board is
authorized to construct engineering facilities with funds
appropriated for that purpose from the Build Illinois Bond Fund
or the Build Illinois Purposes Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    Section 55-135. The Illinois Horse Racing Act of 1975 is
amended by changing Section 28 as follows:
 
    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
    Sec. 28. Except as provided in subsection (g) of Section 27
of this Act, moneys collected shall be distributed according to
the provisions of this Section 28.
    (a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Fair and Exposition Authority Reconstruction Fund
in the State treasury until such Fund contains sufficient money
to pay in full, both principal and interest, all of the
outstanding bonds issued pursuant to the Fair and Exposition
Authority Reconstruction Act, approved July 31, 1967, as
amended, and thereafter shall be paid into the Metropolitan
Exposition Auditorium and Office Building Fund in the State
Treasury.
    (b) In addition, 4.5% Four and one-half per cent of the
total of all monies received by the State as privilege taxes
shall be paid into the State treasury into a special Fund to be
known as the Metropolitan Exposition, Auditorium, and Office
Building Fund.
    (c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
    (d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and
Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan
Fair and Exposition Authority shall have been paid or payment
shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid each
month into the Build Illinois Fund, and the remainder into the
Fair and Exposition Fund. All excess monies shall be allocated
to the Department of Agriculture for distribution to county
fairs for premiums and rehabilitation as set forth in the
Agricultural Fair Act.
    (e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
    (f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
    (g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established in
Section 32.
    (h) All other monies received by the Board under this Act
shall be paid into the General Revenue Fund of the State.
    (i) The salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives,
accountants, clerks, stenographers, inspectors and other
employees of the Board, and all expenses of the Board incident
to the administration of this Act, including, but not limited
to, all expenses and salaries incident to the taking of saliva
and urine samples in accordance with the rules and regulations
of the Board shall be paid out of the Agricultural Premium
Fund.
    (j) The Agricultural Premium Fund shall also be used:
        (1) for the expenses of operating the Illinois State
    Fair and the DuQuoin State Fair, including the payment of
    prize money or premiums;
        (2) for the distribution to county fairs, vocational
    agriculture section fairs, agricultural societies, and
    agricultural extension clubs in accordance with the
    Agricultural Fair Act, as amended;
        (3) for payment of prize monies and premiums awarded
    and for expenses incurred in connection with the
    International Livestock Exposition and the Mid-Continent
    Livestock Exposition held in Illinois, which premiums, and
    awards must be approved, and paid by the Illinois
    Department of Agriculture;
        (4) for personal service of county agricultural
    advisors and county home advisors;
        (5) for distribution to agricultural home economic
    extension councils in accordance with "An Act in relation
    to additional support and finance for the Agricultural and
    Home Economic Extension Councils in the several counties in
    this State and making an appropriation therefor", approved
    July 24, 1967, as amended;
        (6) for research on equine disease, including a
    development center therefor;
        (7) for training scholarships for study on equine
    diseases to students at the University of Illinois College
    of Veterinary Medicine;
        (8) for the rehabilitation, repair and maintenance of
    the Illinois and DuQuoin State Fair Grounds and the
    structures and facilities thereon and the construction of
    permanent improvements on such Fair Grounds, including
    such structures, facilities and property located on such
    State Fair Grounds which are under the custody and control
    of the Department of Agriculture;
        (9) for the expenses of the Department of Agriculture
    under Section 5-530 of the Departments of State Government
    Law (20 ILCS 5/5-530);
        (10) for the expenses of the Department of Commerce and
    Economic Opportunity Community Affairs under Sections
    605-620, 605-625, and 605-630 of the Department of Commerce
    and Economic Opportunity Community Affairs Law (20 ILCS
    605/605-620, 605/605-625, and 605/605-630);
        (11) for remodeling, expanding, and reconstructing
    facilities destroyed by fire of any Fair and Exposition
    Authority in counties with a population of 1,000,000 or
    more inhabitants;
        (12) for the purpose of assisting in the care and
    general rehabilitation of disabled veterans of any war and
    their surviving spouses and orphans;
        (13) for expenses of the Department of State Police for
    duties performed under this Act;
        (14) for the Department of Agriculture for soil surveys
    and soil and water conservation purposes;
        (15) for the Department of Agriculture for grants to
    the City of Chicago for conducting the Chicagofest.
    (k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor in
excess of the amount necessary for the purposes herein stated,
the Governor shall notify the Comptroller and the State
Treasurer of such fact, who, upon receipt of such notification,
shall transfer such excess monies from the Agricultural Premium
Fund to the General Revenue Fund.
(Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16,
eff. 6-28-01; revised 12-6-03.)
 
    Section 55-140. The Illinois Public Aid Code is amended by
changing Section 12-5 as follows:
 
    (305 ILCS 5/12-5)  (from Ch. 23, par. 12-5)
    Sec. 12-5. Appropriations; uses; federal grants; report to
General Assembly. From the sums appropriated by the General
Assembly, the Illinois Department shall order for payment by
warrant from the State Treasury grants for public aid under
Articles III, IV, and V, including grants for funeral and
burial expenses, and all costs of administration of the
Illinois Department and the County Departments relating
thereto. Moneys appropriated to the Illinois Department for
public aid under Article VI may be used, with the consent of
the Governor, to co-operate with federal, State, and local
agencies in the development of work projects designed to
provide suitable employment for persons receiving public aid
under Article VI. The Illinois Department, with the consent of
the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid
purposes under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the
federal government, and, in connection therewith, may make
necessary expenditures from moneys appropriated for public aid
under any Article of this Code and for administration. The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt and disbursement of
federal funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures from monies
appropriated to it for operations, administration, and grants,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services. All amounts received by the
Illinois Department pursuant to the Immigration Reform and
Control Act of 1986 shall be deposited in the Immigration
Reform and Control Fund. All amounts received into the
Immigration Reform and Control Fund as reimbursement for
expenditures from the General Revenue Fund shall be transferred
to the General Revenue Fund.
    All grants received by the Illinois Department for programs
funded by the Federal Social Services Block Grant shall be
deposited in the Social Services Block Grant Fund. All funds
received into the Social Services Block Grant Fund as
reimbursement for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund. All funds
received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative Fund
shall be transferred into the Local Initiative Fund. Any other
federal funds received into the Social Services Block Grant
Fund shall be transferred to the Special Purposes Trust Fund.
All federal funds received by the Illinois Department as
reimbursement for Employment and Training Programs for
expenditures made by the Illinois Department from grants,
gifts, or legacies as provided in Section 12-4.18 or made by an
entity other than the Illinois Department shall be deposited
into the Employment and Training Fund, except that federal
funds received as reimbursement as a result of the
appropriation made for the costs of providing adult education
to public assistance recipients under the "Adult Education,
Public Assistance Fund" shall be deposited into the General
Revenue Fund; provided, however, that all funds, except those
that are specified in an interagency agreement between the
Illinois Community College Board and the Illinois Department,
that are received by the Illinois Department as reimbursement
under Title IV-A of the Social Security Act for expenditures
that are made by the Illinois Community College Board or any
public community college of this State shall be credited to a
special account that the State Treasurer shall establish and
maintain within the Employment and Training Fund for the
purpose of segregating the reimbursements received for
expenditures made by those entities. As reimbursements are
deposited into the Employment and Training Fund, the Illinois
Department shall certify to the State Comptroller and State
Treasurer the amount that is to be credited to the special
account established within that Fund as a reimbursement for
expenditures under Title IV-A of the Social Security Act made
by the Illinois Community College Board or any of the public
community colleges. All amounts credited to the special account
established and maintained within the Employment and Training
Fund as provided in this Section shall be held for transfer to
the TANF Opportunities Fund as provided in subsection (d) of
Section 12-10.3, and shall not be transferred to any other fund
or used for any other purpose.
    Any or all federal funds received as reimbursement for food
and shelter assistance under the Emergency Food and Shelter
Program authorized by Section 12-4.5 may be deposited, with the
consent of the Governor, into the Homelessness Prevention Fund.
    Eighty percent of the federal financial participation
funds received by the Illinois Department under the Title IV-A
Emergency Assistance program as reimbursement for expenditures
made from the Illinois Department of Children and Family
Services appropriations for the costs of providing services in
behalf of Department of Children and Family Services clients
shall be deposited into the DCFS Children's Services Fund.
    All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and Titles
IV, XVI, XIX and XX of the Federal Social Security Act. Any
other federal funds received by the Illinois Department under
Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
Section 12-10 of this Code to be paid into the Special Purposes
Trust Fund shall be deposited into the Special Purposes Trust
Fund. Any other federal funds received by the Illinois
Department pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
deposited in the Child Support Enforcement Trust Fund as
required under Section 12-10.2 of this Code. Any other federal
funds received by the Illinois Department for medical
assistance program expenditures made under Title XIX of the
Social Security Act and Article V of this Code that are
required by Section 5-4.21 of this Code to be paid into the
Medicaid Developmentally Disabled Provider Participation Fee
Trust Fund shall be deposited into the Medicaid Developmentally
Disabled Provider Participation Fee Trust Fund. Any other
federal funds received by the Illinois Department for medical
assistance program expenditures made under Title XIX of the
Social Security Act and Article V of this Code that are
required by Section 5-4.31 of this Code to be paid into the
Medicaid Long Term Care Provider Participation Fee Trust Fund
shall be deposited into the Medicaid Long Term Care Provider
Participation Fee Trust Fund. Any other federal funds received
by the Illinois Department for hospital inpatient, hospital
ambulatory care, and disproportionate share hospital
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 14-2 of
this Code to be paid into the Hospital Services Trust Fund
shall be deposited into the Hospital Services Trust Fund. Any
other federal funds received by the Illinois Department for
expenditures made under Title XIX of the Social Security Act
and Articles V and VI of this Code that are required by Section
15-2 of this Code to be paid into the County Provider Trust
Fund shall be deposited into the County Provider Trust Fund.
Any other federal funds received by the Illinois Department for
hospital inpatient, hospital ambulatory care, and
disproportionate share hospital expenditures made under Title
XIX of the Social Security Act and Article V of this Code that
are required by Section 5A-8 of this Code to be paid into the
Hospital Provider Fund shall be deposited into the Hospital
Provider Fund. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5B-8 of this Code to be
paid into the Long-Term Care Provider Fund shall be deposited
into the Long-Term Care Provider Fund. Any other federal funds
received by the Illinois Department for medical assistance
program expenditures made under Title XIX of the Social
Security Act and Article V of this Code that are required by
Section 5C-7 of this Code to be paid into the Developmentally
Disabled Care Provider Fund shall be deposited into the
Developmentally Disabled Care Provider Fund. Any other federal
funds received by the Illinois Department for trauma center
adjustment payments that are required by Section 5-5.03 of this
Code and made under Title XIX of the Social Security Act and
Article V of this Code shall be deposited into the Trauma
Center Fund. Any other federal funds received by the Illinois
Department as reimbursement for expenses for early
intervention services paid from the Early Intervention
Services Revolving Fund shall be deposited into that Fund.
    The Illinois Department shall report to the General
Assembly at the end of each fiscal quarter the amount of all
funds received and paid into the Social Service Block Grant
Fund and the Local Initiative Fund and the expenditures and
transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the
Speaker, Minority Leader and Clerk of the House, with the
President, Minority Leader and Secretary of the Senate, with
the Chairmen of the House and Senate Appropriations Committees,
the House Human Resources Committee and the Senate Public
Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the
House and Senate, respectively, with the Legislative Research
Unit and with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act shall be deemed sufficient
to comply with this Section.
(Source: P.A. 92-111, eff. 1-1-02; 93-632, eff. 2-1-04.)
 
    Section 55-145. The Nursing Home Grant Assistance Act is
amended by changing Sections 20 and 55 as follows:
 
    (305 ILCS 40/20)  (from Ch. 23, par. 7100-20)
    Sec. 20. Nursing Home Grant Assistance Program Fund.
    (a) (Blank). There is created in the State Treasury the
Nursing Home Grant Assistance Fund. Interest earned on the Fund
shall be credited to the Fund.
    (b) The Fund is created for the purpose of receiving moneys
in accordance with Section 15, Section 30 and Section 35 of
this Act, and disbursing monies for payment of:
        (1) grants to eligible individuals under this Act;
        (2) administrative expenses incurred by the Department
    in performing the activities authorized by this Act;
        (3) refunds to distribution agents as provided for
    under this Act; and
        (4) transfers to the General Revenue Fund of any
    amounts of Nursing Home Grant Assistance payments returned
    to the Department by distribution agents.
    The Department shall deposit all moneys received under this
Act in the Nursing Home Grant Assistance Fund.
    The Department, subject to appropriation, may use up to
2.5% of the moneys received under this Act for the costs of
administering and enforcing the program.
    (c) Within 30 days after the end of the quarterly period in
which the distribution agent is required to file the
certification and make the payment required by this Act, and
after verification with the Illinois Department of Public Aid
of the licensing status of the distribution agent, the Director
shall order the payment to be made from appropriations made for
the purposes of this Act.
    (d) Disbursements from this Fund shall be by warrants drawn
by the State Comptroller upon receipt of vouchers duly executed
and certified by the Department. The Department shall prepare
and certify to the State Comptroller the disbursement of the
grants to qualified distributing agents for payment to the
eligible individuals certified to the Department by the
qualified distributing agents.
    The amount to be paid per calendar quarter to a qualified
distribution agent shall not exceed, for each eligible
individual, $500 multiplied by a fraction equal to the number
of days that the eligible individual's nursing home care was
not paid for, in whole or in part, by a federal, State, or
combined federal-State medical care program, divided by the
number of calendar days in the quarter. Any amount the
qualified distribution agent owes to the Department under
Section 30 shall be deducted from the amount of the payment to
the qualified distribution agent.
    If the amount appropriated or available in the Fund is
insufficient to meet all or part of any quarterly payment
certification, the payment certified to each qualified
distributing agent shall be uniformly reduced by an amount
which will permit a payment to be made to each qualified
distributing agent. Within 10 days after receipt by the State
Comptroller of the disbursement certification to the qualified
distributing agents, the State Comptroller shall cause the
warrants to be drawn for the respective amounts in accordance
with the directions contained in that certification.
    (e) Notwithstanding any other provision of this Act, as
soon as is practicable after the effective date of this
amendatory Act of 1994, the Department shall order that
payments be made, subject to appropriation, to the appropriate
distribution agents for grants to persons who were eligible
individuals during the fourth quarter of fiscal year 1993 to
the extent that those individuals did not receive a grant for
that quarter or the fourth quarter of fiscal year 1992. An
eligible individual, or a person acting on behalf of an
eligible individual, must apply on or before December 31, 1994
for a grant under this subsection (e). The amount to be paid to
each distribution agent under this subsection shall be
calculated as provided in subsection (d). Distribution agents
shall distribute the grants to eligible individuals as required
in Section 30. For the purpose of determining grants under this
subsection (e), a nursing home that is a distribution agent
under this Act shall file with the Department, on or before
September 30, 1994, a certification disclosing the information
required under Section 15 with respect to the fourth quarter of
fiscal year 1993.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (305 ILCS 40/55)
    Sec. 55. Supplemental Grants. For each quarter for which an
eligible individual receives a Nursing Home Grant Assistance
payment under this Act such eligible individual shall qualify
to receive a Supplemental Nursing Home Grant Assistance
payment. For each quarter for which an eligible individual
qualifies to receive a Supplemental Nursing Home Grant
Assistance payment the amount of a Supplemental Nursing Home
Grant Assistance payment shall be equal to the difference
between the Supplemental Base Amount for that quarter minus the
Nursing Home Grant Assistance payment for that quarter. For
each such quarter, the Supplemental Base Amount is equal to
$500 multiplied by a fraction equal to the amount of days that
the eligible individual's nursing home care was not paid for,
in whole or in part, by a federal, State, or combined
federal-State medical care program, divided by the number of
calendar days in the quarter. For each such quarter, the
Nursing Home Grant Assistance payment is the amount of the
grant paid and received by an eligible individual for that
quarter. Subject to appropriation, Supplemental Nursing Home
Grant Assistance payments shall be made from the Nursing Home
Grant Assistance Fund.
(Source: P.A. 88-140.)
 
    Section 55-150. The Homelessness Prevention Act is amended
by changing Section 4 as follows:
 
    (310 ILCS 70/4)  (from Ch. 67 1/2, par. 1304)
    Sec. 4. Homelessness Prevention and Assistance Program.
    (a) The Department shall establish a family homelessness
prevention and assistance program to stabilize families in
their existing homes, to shorten the amount of time that
families stay in emergency shelters, and to assist families
with securing affordable transitional or permanent housing.
The Department shall make grants, from funds appropriated to it
from the Homelessness Prevention Fund, to develop and implement
homelessness prevention and assistance projects under this
Act.
    (b) To fund this program, there is created in the State
Treasury a fund to be known as the Homelessness Prevention
Fund. Moneys in the Fund, subject to appropriation, may be
expended for the purposes of this Act. Grants may be made from
funds appropriated for the purposes of this Act and from any
federal funds or funds from other sources which are made
available for the purposes of this Act. Grants shall be made
under this Act only to the extent that funds are available.
(Source: P.A. 91-388, eff. 1-1-00.)
 
    Section 55-155. The Environmental Protection Act is
amended by changing Section 22.15 as follows:
 
    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
    Sec. 22.15. Solid Waste Management Fund; fees.
    (a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by the Department of
Commerce and Economic Opportunity Community Affairs in
repayment of loans made pursuant to the Illinois Solid Waste
Management Act shall be deposited into the General Revenue Fund
Solid Waste Management Revolving Loan Fund.
    (b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection.
        (1) If more than 150,000 cubic yards of non-hazardous
    solid waste is permanently disposed of at a site in a
    calendar year, the owner or operator shall either pay a fee
    of 95 cents per cubic yard or, alternatively, the owner or
    operator may weigh the quantity of the solid waste
    permanently disposed of with a device for which
    certification has been obtained under the Weights and
    Measures Act and pay a fee of $2.00 per ton of solid waste
    permanently disposed of. In no case shall the fee collected
    or paid by the owner or operator under this paragraph
    exceed $1.55 per cubic yard or $3.27 per ton.
        (2) If more than 100,000 cubic yards but not more than
    150,000 cubic yards of non-hazardous waste is permanently
    disposed of at a site in a calendar year, the owner or
    operator shall pay a fee of $52,630.
        (3) If more than 50,000 cubic yards but not more than
    100,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $23,790.
        (4) If more than 10,000 cubic yards but not more than
    50,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $7,260.
        (5) If not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall pay a
    fee of $1050.
    (c) (Blank.)
    (d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
        (1) necessary records identifying the quantities of
    solid waste received or disposed;
        (2) the form and submission of reports to accompany the
    payment of fees to the Agency;
        (3) the time and manner of payment of fees to the
    Agency, which payments shall not be more often than
    quarterly; and
        (4) procedures setting forth criteria establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity Community
Affairs for the purposes set forth in this Section and in the
Illinois Solid Waste Management Act, including for the costs of
fee collection and administration.
    (f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
    (g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
    (h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
    (i) The Agency is authorized to support the operations of
an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
    (j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
        (1) 60 per cubic yard if more than 150,000 cubic yards
    of non-hazardous solid waste is permanently disposed of at
    the site in a calendar year, unless the owner or operator
    weighs the quantity of the solid waste received with a
    device for which certification has been obtained under the
    Weights and Measures Act, in which case the fee shall not
    exceed $1.27 per ton of solid waste permanently disposed
    of.
        (2) $33,350 if more than 100,000 cubic yards, but not
    more than 150,000 cubic yards, of non-hazardous waste is
    permanently disposed of at the site in a calendar year.
        (3) $15,500 if more than 50,000 cubic yards, but not
    more than 100,000 cubic yards, of non-hazardous solid waste
    is permanently disposed of at the site in a calendar year.
        (4) $4,650 if more than 10,000 cubic yards, but not
    more than 50,000 cubic yards, of non-hazardous solid waste
    is permanently disposed of at the site in a calendar year.
        (5) $$650 if not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at the
    site in a calendar year.
    The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
    A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
    If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
    The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
    A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
        (1) The total monies collected pursuant to this
    subsection.
        (2) The most current balance of monies collected
    pursuant to this subsection.
        (3) An itemized accounting of all monies expended for
    the previous year pursuant to this subsection.
        (4) An estimation of monies to be collected for the
    following 3 years pursuant to this subsection.
        (5) A narrative detailing the general direction and
    scope of future expenditures for one, 2 and 3 years.
    The exemptions granted under Sections 22.16 and 22.16a, and
under subsections (c) and (k) of this Section, shall be
applicable to any fee, tax or surcharge imposed under this
subsection (j); except that the fee, tax or surcharge
authorized to be imposed under this subsection (j) may be made
applicable by a unit of local government to the permanent
disposal of solid waste after December 31, 1986, under any
contract lawfully executed before June 1, 1986 under which more
than 150,000 cubic yards (or 50,000 tons) of solid waste is to
be permanently disposed of, even though the waste is exempt
from the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
    (k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
        (1) Waste which is hazardous waste; or
        (2) Waste which is pollution control waste; or
        (3) Waste from recycling, reclamation or reuse
    processes which have been approved by the Agency as being
    designed to remove any contaminant from wastes so as to
    render such wastes reusable, provided that the process
    renders at least 50% of the waste reusable; or
        (4) Non-hazardous solid waste that is received at a
    sanitary landfill and composted or recycled through a
    process permitted by the Agency; or
        (5) Any landfill which is permitted by the Agency to
    receive only demolition or construction debris or
    landscape waste.
(Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 7-1-03; revised
12-6-03.)
 
    Section 55-160. The Illinois Solid Waste Management Act is
amended by changing Section 6 as follows:
 
    (415 ILCS 20/6)  (from Ch. 111 1/2, par. 7056)
    Sec. 6. The Department of Commerce and Economic Opportunity
Community Affairs shall be the lead agency for implementation
of this Act and shall have the following powers:
    (a) To provide technical and educational assistance for
applications of technologies and practices which will minimize
the land disposal of non-hazardous solid waste; economic
feasibility of implementation of solid waste management
alternatives; analysis of markets for recyclable materials and
energy products; application of the Geographic Information
System to provide analysis of natural resource, land use, and
environmental impacts; evaluation of financing and ownership
options; and evaluation of plans prepared by units of local
government pursuant to Section 22.15 of the Environmental
Protection Act.
    (b) To provide technical assistance in siting pollution
control facilities, defined as any waste storage site, sanitary
landfill, waste disposal site, waste transfer station or waste
incinerator.
    (c) To provide loans or recycling and composting grants to
businesses and not-for-profit and governmental organizations
for the purposes of increasing the quantity of materials
recycled or composted in Illinois; developing and implementing
innovative recycling methods and technologies; developing and
expanding markets for recyclable materials; and increasing the
self-sufficiency of the recycling industry in Illinois. The
Department shall work with and coordinate its activities with
existing for-profit and not-for-profit collection and
recycling systems to encourage orderly growth in the supply of
and markets for recycled materials and to assist existing
collection and recycling efforts.
    The Department shall develop a public education program
concerning the importance of both composting and recycling in
order to preserve landfill space in Illinois.
    (d) To establish guidelines and funding criteria for the
solicitation of projects under this Act, and to receive and
evaluate applications for loans or grants for solid waste
management projects based upon such guidelines and criteria.
Funds may be loaned with or without interest. Loan repayments
shall be deposited into the Solid Waste Management Revolving
Loan Fund.
    (e) To support and coordinate solid waste research in
Illinois, and to approve the annual solid waste research agenda
prepared by the University of Illinois.
    (f) To provide loans or grants for research, development
and demonstration of innovative technologies and practices,
including but not limited to pilot programs for collection and
disposal of household wastes.
    (g) To promulgate such rules and regulations as are
necessary to carry out the purposes of subsections (c), (d) and
(f) of this Section.
    (h) To cooperate with the Environmental Protection Agency
for the purposes specified herein.
    There is hereby created the Solid Waste Management
Revolving Loan Fund, a special fund in the State Treasury,
hereinafter referred to as the "Fund". The Department is
authorized to accept any and all grants, repayments of interest
and principal on loans, matching funds, reimbursements,
appropriations, income derived from investments, or other
things of value from the federal or state governments or from
any institution, person, partnership, joint venture,
corporation, public or private, for deposit in the Fund. Any
moneys collected as a result of foreclosures of loans or other
financing agreements, or the violation of any terms thereof,
shall also be deposited in the Fund.
    The Department is authorized to use moneys available for
that purpose deposited in the Fund, subject to appropriation,
expressly for the purpose of implementing a revolving loan
program according to procedures established pursuant to this
Act. Those moneys Moneys in the Fund shall be used by the
Department for the purpose of financing additional projects and
for the Department's administrative expenses related thereto.
(Source: P.A. 88-681, eff. 12-22-94; 89-445, eff. 2-7-96;
revised 12-6-03.)
 
    Section 55-165. The Uranium and Thorium Mill Tailings
Control Act is amended by changing Sections 15 and 40 as
follows:
 
    (420 ILCS 42/15)
    Sec. 15. Storage fees.
    (a) Beginning January 1, 1994, an annual fee shall be
imposed on the owner or operator of any property that has been
used in whole or in part for the milling of source material and
is being used for the storage or disposal of by-product
material, equal to $2 per cubic foot of by-product material
being stored or disposed of by the facility. After a facility
is cleaned up in accordance with the Department's radiological
soil clean-up criteria, no fee shall be due, imposed upon, or
collected from an owner. No fee shall be imposed upon any
by-product material moved to a facility in contemplation of the
subsequent removal of the by-product material pursuant to law
or upon any by-product material moved to a facility in
contemplation of processing the material through a physical
separation facility. No fees shall be collected from any State,
county, municipal, or local governmental agency. In connection
with settling litigation regarding the amount of the fee to be
imposed, the Director may enter into an agreement with the
owner or operator of any facility specifying that the fee to be
imposed shall not exceed $26,000,000 in any calendar year. The
fees assessed under this Section are separate and distinct from
any license fees imposed under Section 11 of the Radiation
Protection Act of 1990.
    The fee shall be due on June 1 of each year or at such other
times in such installments as the Director may provide by rule.
To facilitate the expeditious removal of by-product material,
rules establishing payment dates or schedules may be adopted as
emergency rules under Section 5-45 of the Administrative
Procedure Act. The fee shall be collected and administered by
the Department, and shall be deposited into the General Revenue
Fund By-product Material Safety Fund, which is created as an
interest bearing special fund in the State Treasury. Amounts in
the By-product Material Safety Fund not currently required to
meet the obligations of the Fund shall be invested as provided
by law and all interest earned from investments shall be
retained in the Fund.
    (b) Moneys in the By-product Material Safety Fund may be
expended by the Department, subject to appropriation, for only
the following purposes but and only as the moneys relate to
by-product material attributable to the owner or operator who
pays the fees under subsection (a) moneys into the Fund:
        (1) the costs of monitoring, inspecting, and otherwise
    regulating the storage and disposal of by-product
    material, wherever located;
        (2) the costs of undertaking any maintenance,
    decommissioning activities, cleanup, responses to
    radiation emergencies, or remedial action that would
    otherwise be required of the owner or operator by law or
    under a license amendment or condition in connection with
    by-product materials;
        (3) the costs that would otherwise be required of the
    owner or operator, by law or under a license amendment or
    condition, incurred by the State arising from the
    transportation of the by-product material from a storage or
    unlicensed disposal location to a licensed permanent
    disposal facility; and
        (4) reimbursement to the owner or operator of any
    facility used for the storage or disposal of by-product
    material for costs incurred by the owner or operator in
    connection with the decontamination or decommissioning of
    the storage or disposal facility or other properties
    contaminated with by-product material. However, the amount
    of the reimbursements paid to the owner or operator of a
    by-product material storage or disposal facility shall not
    be reduced for any amounts recovered by the owner or
    operator pursuant to Title X of the federal Energy Policy
    Act of 1992 and shall not exceed the amount of money paid
    into the Fund by that owner or operator under subsection
    (a) plus the interest accrued in the Fund attributable to
    amounts paid by that owner or operator.
    An owner or operator who incurs costs in connection with
the decontamination or decommissioning of the storage or
disposal facility or other properties contaminated with
by-product material is entitled to have those costs promptly
reimbursed from the Fund as provided in this Section. In the
event the owner or operator has incurred reimbursable costs for
which there are not adequate moneys in the Fund with which to
provide reimbursement, the Director shall reduce the amount of
any fee payable in the future imposed under this Act by the
amount of the reimbursable expenses incurred by the owner or
operator. An owner or operator of a facility shall submit
requests for reimbursement to the Director in a form reasonably
required by the Director. Upon receipt of a request, the
Director shall give written notice approving or disapproving
each of the owner's or operator's request for reimbursement
within 60 days. The Director shall approve requests for
reimbursement unless the Director finds that the amount is
excessive, erroneous, or otherwise inconsistent with paragraph
(4) of this subsection or with any license or license
amendments issued in connection with that owner's or operator's
decontamination or decommissioning plan. If the Director
disapproves a reimbursement request, the Director shall set
forth in writing to the owner or operator the reasons for
disapproval. The owner or operator may resubmit to the
Department a disapproved reimbursement request with additional
information as may be required. Disapproval of a reimbursement
request shall constitute final action for purposes of the
Administrative Review Law unless the owner or operator
resubmits the denied request within 35 days. To the extent
there are funds available in the Fund, the Director shall
prepare and certify to the Comptroller the disbursement of the
approved sums from the By-Product Material Safety Fund to the
owners or operators or, if there are insufficient funds
available, the Director shall off-set future fees otherwise
payable by the owner or operator by the amount of the approved
reimbursable expenses.
    (c) To the extent that costs identified in parts (1), (2),
and (3) of subsections (b) are recovered by the Department
under the Radiation Protection Act of 1990 or its rules, the
Department shall not use money under this Section in the
By-product Material Safety Fund to cover these costs.
    (d) (Blank). The provisions directing the expenditures
from the By-product Material Safety Fund provided for in this
Section shall constitute an irrevocable and continuing
appropriation to the Department of Nuclear Safety solely for
the purposes as provided in this Section. The State Treasurer
and State Comptroller are hereby authorized and directed to pay
expenditures or record in their records any offset approved by
the Director as provided in this Section.
(Source: P.A. 90-39, eff. 6-30-97.)
 
    (420 ILCS 42/40)
    Sec. 40. Violations and penalties.
    (a) Any person who violates Section 20 shall be subject to
a civil penalty not to exceed $10,000 per day of violation.
    (b) Any person failing to pay the fees provided for in
Section 15 shall be subject to a civil penalty not to exceed 4
times the amount of the fees not paid.
    (c) Violations of this Act shall be prosecuted by the
Attorney General at the request of the Department. Civil
penalties under this Act are recoverable in an action brought
by the Attorney General on behalf of the State in the circuit
court of the county in which the facility is located. All
amounts collected from fines under this Section shall be
deposited in the General Revenue Fund By-product Material
Safety Fund. It shall also be the duty of the Attorney General
upon the request of the Department to bring an action for an
injunction against any person violating any of the provisions
of this Act. The Court may assess all or a portion of the cost
of actions brought under this subsection, including but not
limited to attorney, expert witness, and consultant fees, to
the owner or operator of the source material milling facility
or to any other person responsible for the violation or
contamination.
(Source: P.A. 87-1024.)
 
    Section 55-170. The Open Space Lands Acquisition and
Development Act is amended by changing Section 3 as follows:
 
    (525 ILCS 35/3)  (from Ch. 85, par. 2103)
    Sec. 3. From appropriations made from the Capital
Development Fund, Build Illinois Purposes Fund, Build Illinois
Bond Fund or other available or designated funds for such
purposes, the Department shall make grants to local governments
as financial assistance, on a reimbursement basis, for the
capital development and improvement of park, recreation or
conservation areas, marinas and shorelines, including planning
and engineering costs, and for the acquisition of open space
lands, including acquisition of easements and other property
interests less than fee simple ownership if the Department
determines that such property interests are sufficient to carry
out the purposes of this Act, subject to the conditions and
limitations set forth in this Act.
    No more than 10% of the amount so appropriated for any
fiscal year may be committed or expended on any one project
described in an application under this Act.
    Any grant under this Act to a local government shall be
conditioned upon the state providing assistance on a 50/50
matching basis for the acquisition of open space lands and for
capital development and improvement proposals.
(Source: P.A. 84-1308.)
 
    Section 55-175. The Illinois Vehicle Code is amended by
changing Section 3-1001 as follows:
 
    (625 ILCS 5/3-1001)  (from Ch. 95 1/2, par. 3-1001)
    Sec. 3-1001. A tax is hereby imposed on the privilege of
using, in this State, any motor vehicle as defined in Section
1-146 of this Code acquired by gift, transfer, or purchase, and
having a year model designation preceding the year of
application for title by 5 or fewer years prior to October 1,
1985 and 10 or fewer years on and after October 1, 1985 and
prior to January 1, 1988. On and after January 1, 1988, the tax
shall apply to all motor vehicles without regard to model year.
Except that the tax shall not apply
        (i) if the use of the motor vehicle is otherwise taxed
    under the Use Tax Act;
        (ii) if the motor vehicle is bought and used by a
    governmental agency or a society, association, foundation
    or institution organized and operated exclusively for
    charitable, religious or educational purposes;
        (iii) if the use of the motor vehicle is not subject to
    the Use Tax Act by reason of subsection (a), (b), (c), (d),
    (e) or (f) of Section 3-55 of that Act dealing with the
    prevention of actual or likely multistate taxation;
        (iv) to implements of husbandry;
        (v) when a junking certificate is issued pursuant to
    Section 3-117(a) of this Code;
        (vi) when a vehicle is subject to the replacement
    vehicle tax imposed by Section 3-2001 of this Act;
        (vii) when the transfer is a gift to a beneficiary in
    the administration of an estate and the beneficiary is a
    surviving spouse.
    Prior to January 1, 1988, the rate of tax shall be 5% of
the selling price for each purchase of a motor vehicle covered
by Section 3-1001 of this Code. Except as hereinafter provided,
beginning January 1, 1988, the rate of tax shall be as follows
for transactions in which the selling price of the motor
vehicle is less than $15,000:
Number of Years Transpired AfterApplicable Tax
Model Year of Motor Vehicle
1 or less$390
2290
3215
4165
5115
690
780
865
950
1040
over 1025
Except as hereinafter provided, beginning January 1, 1988, the
rate of tax shall be as follows for transactions in which the
selling price of the motor vehicle is $15,000 or more:
Selling PriceApplicable Tax
$15,000 - $19,999$ 750
$20,000 - $24,999$1,000
$25,000 - $29,999$1,250
$30,000 and over$1,500
For the following transactions, the tax rate shall be $15 for
each motor vehicle acquired in such transaction:
        (i) when the transferee or purchaser is the spouse,
    mother, father, brother, sister or child of the transferor;
        (ii) when the transfer is a gift to a beneficiary in
    the administration of an estate and the beneficiary is not
    a surviving spouse;
        (iii) when a motor vehicle which has once been
    subjected to the Illinois retailers' occupation tax or use
    tax is transferred in connection with the organization,
    reorganization, dissolution or partial liquidation of an
    incorporated or unincorporated business wherein the
    beneficial ownership is not changed.
    A claim that the transaction is taxable under subparagraph
(i) shall be supported by such proof of family relationship as
provided by rules of the Department.
    For a transaction in which a motorcycle, motor driven cycle
or motorized pedalcycle is acquired the tax rate shall be $25.
    On and after October 1, 1985, 1/12 of $5,000,000 of the
moneys received by the Department of Revenue pursuant to this
Section shall be paid each month into the Build Illinois Fund
and the remainder into the General Revenue Fund.
    At the end of any fiscal year in which the moneys received
by the Department of Revenue pursuant to this Section exceeds
the Annual Specified Amount, as defined in Section 3 of the
Retailers' Occupation Tax Act, the State Comptroller shall
direct the State Treasurer to transfer such excess amount from
the General Revenue Fund to the Build Illinois Purposes Fund.
    The tax imposed by this Section shall be abated and no
longer imposed when the amount deposited to secure the bonds
issued pursuant to the Build Illinois Bond Act is sufficient to
provide for the payment of the principal of, and interest and
premium, if any, on the bonds, as certified to the State
Comptroller and the Director of Revenue by the Director of the
Governor's Office of Management and Budget Bureau of the
Budget.
(Source: P.A. 90-89, eff. 1-1-98; revised 10-15-03.)
 
    (20 ILCS 700/4005 rep.)
    Section 55-180. The Technology Advancement and Development
Act is amended by repealing Section 4005.
 
    (20 ILCS 1705/18.1 rep.)
    Section 55-185. The Mental Health and Developmental
Disabilities Administrative Act is amended by repealing
Section 18.1.
 
    (20 ILCS 3501/825-15 rep.)
    Section 55-190. The Illinois Finance Authority Act is
amended by repealing Section 825-15.
 
    (20 ILCS 3921/25 rep.)
    Section 55-200. The Illinois Century Network Act is amended
by repealing Section 25.
 
    (30 ILCS 105/5.33 rep.)
    (30 ILCS 105/5.110 rep.)
    (30 ILCS 105/5.161 rep.)
    (30 ILCS 105/5.219 rep.)
    (30 ILCS 105/5.222 rep.)
    (30 ILCS 105/5.225 rep.)
    (30 ILCS 105/5.265 rep.)
    (30 ILCS 105/5.272 rep.)
    (30 ILCS 105/5.303 rep.)
    (30 ILCS 105/5.319 rep.)
    (30 ILCS 105/5.341 rep.)
    (30 ILCS 105/5.373 rep.)
    (30 ILCS 105/5.444 rep.)
    (30 ILCS 105/5.469 rep.)
    (30 ILCS 105/5.494 rep.)
    (30 ILCS 105/5.513 rep.)
    (30 ILCS 105/5.517 rep.)
    (30 ILCS 105/5.570 rep., from P.A. 92-691)
    (30 ILCS 105/8.29 rep.)
    Section 55-205. The State Finance Act is amended by
repealing Sections 5.33, 5.110, 5.161, 5.219, 5.222, 5.225,
5.265, 5.272, 5.303, 5.319, 5.341, 5.373, 5.444, 5.469, 5.494,
5.513, 5.517, 5.570 (as added by Public Act 92-691), and 8.29.
 
    (105 ILCS 5/2-3.121 rep.)
    Section 55-210. The School Code is amended by repealing
Section 2-3.121.
 
    (110 ILCS 947/72 rep.)
    Section 55-215. The Higher Education Student Assistance
Act is amended by repealing Section 72.
 
ARTICLE 65

 
    Section 65-5. The State Finance Act is amended by changing
Section 8.12 as follows:
 
    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
    Sec. 8.12. State Pensions Fund.
    (a) The moneys in the State Pensions Fund shall be used
exclusively for the administration of the Uniform Disposition
of Unclaimed Property Act and for the payment of or repayment
to the General Revenue Fund a portion of the required State
contributions to the designated retirement systems.
    "Designated retirement systems" means:
        (1) the State Employees' Retirement System of
    Illinois;
        (2) the Teachers' Retirement System of the State of
    Illinois;
        (3) the State Universities Retirement System;
        (4) the Judges Retirement System of Illinois; and
        (5) the General Assembly Retirement System.
    (b) Each year the General Assembly may make appropriations
from the State Pensions Fund for the administration of the
Uniform Disposition of Unclaimed Property Act.
    Each month, the Commissioner of the Office of Banks and
Real Estate shall certify to the State Treasurer the actual
expenditures that the Office of Banks and Real Estate incurred
conducting unclaimed property examinations under the Uniform
Disposition of Unclaimed Property Act during the immediately
preceding month. Within a reasonable time following the
acceptance of such certification by the State Treasurer, the
State Treasurer shall pay from its appropriation from the State
Pensions Fund to the Bank and Trust Company Fund and the
Savings and Residential Finance Regulatory Fund an amount equal
to the expenditures incurred by each Fund for that month.
    Each month, the Director of Financial Institutions shall
certify to the State Treasurer the actual expenditures that the
Department of Financial Institutions incurred conducting
unclaimed property examinations under the Uniform Disposition
of Unclaimed Property Act during the immediately preceding
month. Within a reasonable time following the acceptance of
such certification by the State Treasurer, the State Treasurer
shall pay from its appropriation from the State Pensions Fund
to the Financial Institutions Fund and the Credit Union Fund an
amount equal to the expenditures incurred by each Fund for that
month.
    (c) As soon as possible after the effective date of this
amendatory Act of the 93rd General Assembly, the General
Assembly shall appropriate from the State Pensions Fund (1) to
the State Universities Retirement System the amount certified
under Section 15-165 during the prior year, (2) to the Judges
Retirement System of Illinois the amount certified under
Section 18-140 during the prior year, and (3) to the General
Assembly Retirement System the amount certified under Section
2-134 during the prior year as part of the required State
contributions to each of those designated retirement systems;
except that amounts appropriated under this subsection (c) in
State fiscal year 2005 shall not reduce the amount in the State
Pensions Fund below $5,000,000. If the amount in the State
Pensions Fund does not exceed the sum of the amounts certified
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
the amount paid to each designated retirement system under this
subsection shall be reduced in proportion to the amount
certified by each of those designated retirement systems. For
each State fiscal year beginning with State fiscal year 2006,
the General Assembly shall appropriate a total amount equal to
the balance in the State Pensions Fund at the close of business
on June 30 of the preceding fiscal year, less $5,000,000, as
part of the required State contributions to the designated
retirement systems. The amount of the appropriation to
designated retirement systems shall constitute a portion of the
total appropriation under this subsection for that fiscal year
which is the same as that retirement system's portion of the
total actuarial reserve deficiency of the systems, as most
recently determined by the Governor's Office of Management and
Budget.
    (c-5) For fiscal year 2006 and thereafter, the General
Assembly shall appropriate from the State Pensions Fund to the
State Universities Retirement System the amount estimated to be
available during the fiscal year in the State Pensions Fund;
provided, however, that the amounts appropriated under this
subsection (c-5) shall not reduce the amount in the State
Pensions Fund below $5,000,000.
    (d) The Governor's Office of Management and Budget shall
determine the individual and total reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall utilize the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of
the Public Employee Pension Fund Division of the Department of
Insurance.
    (d-1) As soon as practicable after the effective date of
this amendatory Act of the 93rd General Assembly, the
Comptroller shall direct and the Treasurer shall transfer from
the State Pensions Fund to the General Revenue Fund, as funds
become available, a sum equal to the amounts that would have
been paid from the State Pensions Fund to the Teachers'
Retirement System of the State of Illinois, the State
Universities Retirement System, the Judges Retirement System
of Illinois, the General Assembly Retirement System, and the
State Employees' Retirement System of Illinois after the
effective date of this amendatory Act during the remainder of
fiscal year 2004 to the designated retirement systems from the
appropriations provided for in this Section if the transfers
provided in Section 6z-61 had not occurred. The transfers
described in this subsection (d-1) are to partially repay the
General Revenue Fund for the costs associated with the bonds
used to fund the moneys transferred to the designated
retirement systems under Section 6z-61.
    (e) The changes to this Section made by this amendatory Act
of 1994 shall first apply to distributions from the Fund for
State fiscal year 1996.
(Source: P.A. 93-665, eff. 3-5-04; 93-839, eff. 7-30-04.)
 
ARTICLE 70

 
    Section 70-5. The Pretrial Services Act is amended by
changing Section 33 as follows:
 
    (725 ILCS 185/33)  (from Ch. 38, par. 333)
    Sec. 33. The Supreme Court shall pay from funds
appropriated to it for this purpose 100% of all approved costs
for pretrial services, including pretrial services officers,
necessary support personnel, travel costs reasonably related
to the delivery of pretrial services, space costs, equipment,
telecommunications, postage, commodities, printing and
contractual services. Costs shall be reimbursed monthly, based
on a plan and budget approved by the Supreme Court. No
department may be reimbursed for costs which exceed or are not
provided for in the approved plan and budget. For State fiscal
years 2004, and 2005, and 2006 only, the Mandatory Arbitration
Fund may be used to reimburse approved costs for pretrial
services.
(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04.)
 
    Section 70-10. The Probation and Probation Officers Act is
amended by changing Section 15.1 as follows:
 
    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
    Sec. 15. (1) The Supreme Court of Illinois may establish a
Division of Probation Services whose purpose shall be the
development, establishment, promulgation, and enforcement of
uniform standards for probation services in this State, and to
otherwise carry out the intent of this Act. The Division may:
        (a) establish qualifications for chief probation
    officers and other probation and court services personnel
    as to hiring, promotion, and training.
        (b) make available, on a timely basis, lists of those
    applicants whose qualifications meet the regulations
    referred to herein, including on said lists all candidates
    found qualified.
        (c) establish a means of verifying the conditions for
    reimbursement under this Act and develop criteria for
    approved costs for reimbursement.
        (d) develop standards and approve employee
    compensation schedules for probation and court services
    departments.
        (e) employ sufficient personnel in the Division to
    carry out the functions of the Division.
        (f) establish a system of training and establish
    standards for personnel orientation and training.
        (g) develop standards for a system of record keeping
    for cases and programs, gather statistics, establish a
    system of uniform forms, and develop research for planning
    of Probation Services.
        (h) develop standards to assure adequate support
    personnel, office space, equipment and supplies, travel
    expenses, and other essential items necessary for
    Probation and Court Services Departments to carry out their
    duties.
        (i) review and approve annual plans submitted by
    Probation and Court Services Departments.
        (j) monitor and evaluate all programs operated by
    Probation and Court Services Departments, and may include
    in the program evaluation criteria such factors as the
    percentage of Probation sentences for felons convicted of
    Probationable offenses.
        (k) seek the cooperation of local and State government
    and private agencies to improve the quality of probation
    and court services.
        (l) where appropriate, establish programs and
    corresponding standards designed to generally improve the
    quality of probation and court services and reduce the rate
    of adult or juvenile offenders committed to the Department
    of Corrections.
        (m) establish such other standards and regulations and
    do all acts necessary to carry out the intent and purposes
    of this Act.
    The Division shall establish a model list of structured
intermediate sanctions that may be imposed by a probation
agency for violations of terms and conditions of a sentence of
probation, conditional discharge, or supervision.
    The State of Illinois shall provide for the costs of
personnel, travel, equipment, telecommunications, postage,
commodities, printing, space, contractual services and other
related costs necessary to carry out the intent of this Act.
    (2) (a) The chief judge of each circuit shall provide
full-time probation services for all counties within the
circuit, in a manner consistent with the annual probation plan,
the standards, policies, and regulations established by the
Supreme Court. A probation district of two or more counties
within a circuit may be created for the purposes of providing
full-time probation services. Every county or group of counties
within a circuit shall maintain a probation department which
shall be under the authority of the Chief Judge of the circuit
or some other judge designated by the Chief Judge. The Chief
Judge, through the Probation and Court Services Department
shall submit annual plans to the Division for probation and
related services.
    (b) The Chief Judge of each circuit shall appoint the Chief
Probation Officer and all other probation officers for his or
her circuit from lists of qualified applicants supplied by the
Supreme Court. Candidates for chief managing officer and other
probation officer positions must apply with both the Chief
Judge of the circuit and the Supreme Court.
    (3) A Probation and Court Service Department shall apply to
the Supreme Court for funds for basic services, and may apply
for funds for new and expanded programs or Individualized
Services and Programs. Costs shall be reimbursed monthly based
on a plan and budget approved by the Supreme Court. No
Department may be reimbursed for costs which exceed or are not
provided for in the approved annual plan and budget. After the
effective date of this amendatory Act of 1985, each county must
provide basic services in accordance with the annual plan and
standards created by the division. No department may receive
funds for new or expanded programs or individualized services
and programs unless they are in compliance with standards as
enumerated in paragraph (h) of subsection (1) of this Section,
the annual plan, and standards for basic services.
    (4) The Division shall reimburse the county or counties for
probation services as follows:
        (a) 100% of the salary of all chief managing officers
    designated as such by the Chief Judge and the division.
        (b) 100% of the salary for all probation officer and
    supervisor positions approved for reimbursement by the
    division after April 1, 1984, to meet workload standards
    and to implement intensive sanction and probation
    supervision programs and other basic services as defined in
    this Act.
        (c) 100% of the salary for all secure detention
    personnel and non-secure group home personnel approved for
    reimbursement after December 1, 1990. For all such
    positions approved for reimbursement before December 1,
    1990, the counties shall be reimbursed $1,250 per month
    beginning July 1, 1995, and an additional $250 per month
    beginning each July 1st thereafter until the positions
    receive 100% salary reimbursement. Allocation of such
    positions will be based on comparative need considering
    capacity, staff/resident ratio, physical plant and
    program.
        (d) $1,000 per month for salaries for the remaining
    probation officer positions engaged in basic services and
    new or expanded services. All such positions shall be
    approved by the division in accordance with this Act and
    division standards.
        (e) 100% of the travel expenses in accordance with
    Division standards for all Probation positions approved
    under paragraph (b) of subsection 4 of this Section.
        (f) If the amount of funds reimbursed to the county
    under paragraphs (a) through (e) of subsection 4 of this
    Section on an annual basis is less than the amount the
    county had received during the 12 month period immediately
    prior to the effective date of this amendatory Act of 1985,
    then the Division shall reimburse the amount of the
    difference to the county. The effect of paragraph (b) of
    subsection 7 of this Section shall be considered in
    implementing this supplemental reimbursement provision.
    (5) The Division shall provide funds beginning on April 1,
1987 for the counties to provide Individualized Services and
Programs as provided in Section 16 of this Act.
    (6) A Probation and Court Services Department in order to
be eligible for the reimbursement must submit to the Supreme
Court an application containing such information and in such a
form and by such dates as the Supreme Court may require.
Departments to be eligible for funding must satisfy the
following conditions:
        (a) The Department shall have on file with the Supreme
    Court an annual Probation plan for continuing, improved,
    and new Probation and Court Services Programs approved by
    the Supreme Court or its designee. This plan shall indicate
    the manner in which Probation and Court Services will be
    delivered and improved, consistent with the minimum
    standards and regulations for Probation and Court
    Services, as established by the Supreme Court. In counties
    with more than one Probation and Court Services Department
    eligible to receive funds, all Departments within that
    county must submit plans which are approved by the Supreme
    Court.
        (b) The annual probation plan shall seek to generally
    improve the quality of probation services and to reduce the
    commitment of adult and juvenile offenders to the
    Department of Corrections and shall require, when
    appropriate, coordination with the Department of
    Corrections and the Department of Children and Family
    Services in the development and use of community resources,
    information systems, case review and permanency planning
    systems to avoid the duplication of services.
        (c) The Department shall be in compliance with
    standards developed by the Supreme Court for basic, new and
    expanded services, training, personnel hiring and
    promotion.
        (d) The Department shall in its annual plan indicate
    the manner in which it will support the rights of crime
    victims and in which manner it will implement Article I,
    Section 8.1 of the Illinois Constitution and in what manner
    it will coordinate crime victims' support services with
    other criminal justice agencies within its jurisdiction,
    including but not limited to, the State's Attorney, the
    Sheriff and any municipal police department.
    (7) No statement shall be verified by the Supreme Court or
its designee or vouchered by the Comptroller unless each of the
following conditions have been met:
        (a) The probation officer is a full-time employee
    appointed by the Chief Judge to provide probation services.
        (b) The probation officer, in order to be eligible for
    State reimbursement, is receiving a salary of at least
    $17,000 per year.
        (c) The probation officer is appointed or was
    reappointed in accordance with minimum qualifications or
    criteria established by the Supreme Court; however, all
    probation officers appointed prior to January 1, 1978,
    shall be exempted from the minimum requirements
    established by the Supreme Court. Payments shall be made to
    counties employing these exempted probation officers as
    long as they are employed in the position held on the
    effective date of this amendatory Act of 1985. Promotions
    shall be governed by minimum qualifications established by
    the Supreme Court.
        (d) The Department has an established compensation
    schedule approved by the Supreme Court. The compensation
    schedule shall include salary ranges with necessary
    increments to compensate each employee. The increments
    shall, within the salary ranges, be based on such factors
    as bona fide occupational qualifications, performance, and
    length of service. Each position in the Department shall be
    placed on the compensation schedule according to job duties
    and responsibilities of such position. The policy and
    procedures of the compensation schedule shall be made
    available to each employee.
    (8) In order to obtain full reimbursement of all approved
costs, each Department must continue to employ at least the
same number of probation officers and probation managers as
were authorized for employment for the fiscal year which
includes January 1, 1985. This number shall be designated as
the base amount of the Department. No positions approved by the
Division under paragraph (b) of subsection 4 will be included
in the base amount. In the event that the Department employs
fewer Probation officers and Probation managers than the base
amount for a period of 90 days, funding received by the
Department under subsection 4 of this Section may be reduced on
a monthly basis by the amount of the current salaries of any
positions below the base amount.
    (9) Before the 15th day of each month, the treasurer of any
county which has a Probation and Court Services Department, or
the treasurer of the most populous county, in the case of a
Probation or Court Services Department funded by more than one
county, shall submit an itemized statement of all approved
costs incurred in the delivery of Basic Probation and Court
Services under this Act to the Supreme Court. The treasurer may
also submit an itemized statement of all approved costs
incurred in the delivery of new and expanded Probation and
Court Services as well as Individualized Services and Programs.
The Supreme Court or its designee shall verify compliance with
this Section and shall examine and audit the monthly statement
and, upon finding them to be correct, shall forward them to the
Comptroller for payment to the county treasurer. In the case of
payment to a treasurer of a county which is the most populous
of counties sharing the salary and expenses of a Probation and
Court Services Department, the treasurer shall divide the money
between the counties in a manner that reflects each county's
share of the cost incurred by the Department.
    (10) The county treasurer must certify that funds received
under this Section shall be used solely to maintain and improve
Probation and Court Services. The county or circuit shall
remain in compliance with all standards, policies and
regulations established by the Supreme Court. If at any time
the Supreme Court determines that a county or circuit is not in
compliance, the Supreme Court shall immediately notify the
Chief Judge, county board chairman and the Director of Court
Services Chief Probation Officer. If after 90 days of written
notice the noncompliance still exists, the Supreme Court shall
be required to reduce the amount of monthly reimbursement by
10%. An additional 10% reduction of monthly reimbursement shall
occur for each consecutive month of noncompliance. Except as
provided in subsection 5 of Section 15, funding to counties
shall commence on April 1, 1986. Funds received under this Act
shall be used to provide for Probation Department expenses
including those required under Section 13 of this Act. For
State fiscal years 2004, and 2005, and 2006 only, the Mandatory
Arbitration Fund may be used to provide for Probation
Department expenses, including those required under Section 13
of this Act.
    (11) The respective counties shall be responsible for
capital and space costs, fringe benefits, clerical costs,
equipment, telecommunications, postage, commodities and
printing.
    (12) For purposes of this Act only, probation officers
shall be considered peace officers. In the exercise of their
official duties, probation officers, sheriffs, and police
officers may, anywhere within the State, arrest any probationer
who is in violation of any of the conditions of his or her
probation, conditional discharge, or supervision, and it shall
be the duty of the officer making the arrest to take the
probationer before the Court having jurisdiction over the
probationer for further order.
(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839,
eff. 7-30-04.)
 
    (730 ILCS 110/15.1)  (from Ch. 38, par. 204-7.1)
    Sec. 15.1. Probation and Court Services Fund.
    (a) The county treasurer in each county shall establish a
probation and court services fund consisting of fees collected
pursuant to subsection (i) of Section 5-6-3 and subsection (i)
of Section 5-6-3.1 of the Unified Code of Corrections,
subsection (10) of Section 5-615 and subsection (5) of Section
5-715 of the Juvenile Court Act of 1987, and paragraph 14.3 of
subsection (b) of Section 110-10 of the Code of Criminal
Procedure of 1963. The county treasurer shall disburse monies
from the fund only at the direction of the chief judge of the
circuit court in such circuit where the county is located. The
county treasurer of each county shall, on or before January 10
of each year, submit an annual report to the Supreme Court.
    (b) Monies in the probation and court services fund shall
be appropriated by the county board to be used within the
county or jurisdiction where collected in accordance with
policies and guidelines approved by the Supreme Court for the
costs of operating the probation and court services department
or departments; however, except as provided in subparagraph
(g), monies in the probation and court services fund shall not
be used for the payment of salaries of probation and court
services personnel.
    (c) Monies expended from the probation and court services
fund shall be used to supplement, not supplant, county
appropriations for probation and court services.
    (d) Interest earned on monies deposited in a probation and
court services fund may be used by the county for its ordinary
and contingent expenditures.
    (e) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support programs that are part of the continuum
of juvenile delinquency intervention programs which are or may
be developed within the county. The grants from the probation
and court services fund shall be for no more than one year and
may be used for any expenses attributable to the program
including administration and oversight of the program by the
probation department.
    (f) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support practices endorsed or required under
the Sex Offender Management Board Act, including but not
limited to sex offender evaluation, treatment, and monitoring
programs that are or may be developed within the county.
    (g) For the State Fiscal Years Year 2005 and 2006 only, the
Administrative Office of the Illinois Courts may permit a
county or circuit to use its probation and court services fund
for the payment of salaries of probation officers and other
court services personnel whose salaries are reimbursed under
this Act if the State's FY2005 or FY2006 appropriation to the
Supreme Court for reimbursement to counties for probation
salaries and services is less than the amount appropriated to
the Supreme Court for these purposes for State Fiscal Year
2004. The Administrative Office of the Illinois Courts shall
take into account each county's or circuit's probation fee
collections and expenditures any annual surplus or deficit that
any county or circuit has in its probation and court services
fund and any amounts already obligated from such fund when
apportioning the total reimbursement for each county or
circuit.
(Source: P.A. 92-329, eff. 8-9-01; 93-616, eff. 1-1-04; 93-839,
eff. 7-30-04.)
 
    Section 70-15. The Code of Civil Procedure is amended by
changing Section 2-1009A as follows:
 
    (735 ILCS 5/2-1009A)  (from Ch. 110, par. 2-1009A)
    Sec. 2-1009A. Filing Fees. In each county authorized by the
Supreme Court to utilize mandatory arbitration, the clerk of
the circuit court shall charge and collect, in addition to any
other fees, an arbitration fee of $8, except in counties with
3,000,000 or more inhabitants the fee shall be $10, at the time
of filing the first pleading, paper or other appearance filed
by each party in all civil cases, but no additional fee shall
be required if more than one party is represented in a single
pleading, paper or other appearance. Arbitration fees received
by the clerk of the circuit court pursuant to this Section
shall be remitted within one month after receipt to the State
Treasurer for deposit into the Mandatory Arbitration Fund, a
special fund in the State treasury for the purpose of funding
mandatory arbitration programs and such other alternative
dispute resolution programs as may be authorized by circuit
court rule for operation in counties that have implemented
mandatory arbitration, with a separate account being
maintained for each county. Notwithstanding any other
provision of this Section to the contrary, and for State fiscal
years 2004, and 2005, and 2006 only, the Mandatory Arbitration
Fund may be used for any other purpose authorized by the
Supreme Court.
(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04.)
 
ARTICLE 80

 
    Section 80-5. The State Finance Act is amended by adding
Section 8.44 as follows:
 
    (30 ILCS 105/8.44 new)
    Sec. 8.44. Special fund transfers.
    (a) In order to maintain the integrity of special funds and
improve stability in the General Revenue Fund, the following
transfers are authorized from the designated funds into the
General Revenue Fund:
Aeronautics Fund......................................$2,186
.Aggregate Operations Regulatory Fund.................$32,750
.Agrichemical Incident Response Trust Fund...........$419,830
.Agricultural Master Fund.............................$17,827
.Air Transportation Revolving Fund...................$181,478
.Airport Land Loan Revolving Fund..................$1,669,970
.Alternate Fuels Fund..............................$1,056,833
.Alternative Compliance Market Account Fund...........$53,120
.Appraisal Administration Fund.......................$250,000
.Armory Rental Fund..................................$111,538
.Assisted Living and Shared Housing Regulatory Fund...$24,493
.Bank and Trust Company Fund.......................$3,800,000
.Capital Development Board Revolving Fund............$453,054
.Care Provider Fund for Persons
with a Developmental Disability...................$2,378,270
.Charter Schools Revolving Loan Fund.................$650,721
.Child Support Administrative Fund.................$1,117,266
.Coal Mining Regulatory Fund.........................$127,583
.Communications Revolving Fund....................$12,999,839
.Community Health Center Care Fund...................$104,480
.Community Water Supply Laboratory Fund..............$716,232
.Continuing Legal Education Trust Fund................$23,419
.Corporate Franchise Tax Refund Fund.................$500,000
.Court of Claims Administration and Grant Fund........$24,949
.Criminal Justice Information Projects Fund...........$18,212
.DCFS Special Purposes Trust Fund.....................$77,835
.Death Certificate Surcharge Fund..................$1,134,341
.Department of Business Services
Special Operations Fund...........................$2,000,000
.Department of Children and Family Services
Training Fund.....................................$1,408,106
.Department of Corrections
Reimbursement and Education Fund..................$2,208,323
.Department of Insurance State Trust Fund.............$18,009
.Department of Labor Special State Trust Fund........$359,895
.Department on Aging State Projects Fund..............$10,059
.Design Professionals Administration
and Investigation Fund...............................$51,701
.DHS Recoveries Trust Fund.........................$1,591,834
.DHS State Projects Fund..............................$89,917
.Division of Corporations
Registered Limited Liability Partnership Fund.......$150,000
.DNR Special Projects Fund...........................$301,649
.Dram Shop Fund......................................$110,554
.Drivers Education Fund...............................$30,152
.Drug Rebate Fund.................................$17,315,821
.Drug Traffic Prevention Fund.........................$22,123
.Drug Treatment Fund.................................$160,030
.Drunk and Drugged Driving Prevention Fund............$51,220
.Drycleaner Environmental Response Trust Fund......$1,137,971
.DuQuoin State Fair Harness Racing Trust Fund..........$3,368
.Early Intervention Services Revolving Fund........$1,044,935
.Economic Research and Information Fund...............$49,005
.Educational Labor Relations Board
Fair Share Trust Fund................................$40,933
.Efficiency Initiatives Revolving Fund.............$6,178,298
.Emergency Planning and Training Fund.................$28,845
.Emergency Public Health Fund........................$139,997
.Emergency Response Reimbursement Fund................$15,873
.EMS Assistance Fund..................................$40,923
.Energy Assistance Contribution Fund..................$89,692
.Energy Efficiency Trust Fund......................$1,300,938
.Environmental Laboratory Certification Fund..........$62,039
.Environmental Protection Permit and Inspection Fund.$180,571
.Environmental Protection Trust Fund...............$2,228,031
.EPA Court Trust Fund................................$338,646
.EPA Special State Projects Trust Fund...............$284,263
.Explosives Regulatory Fund...........................$23,125
.Facilities Management Revolving Fund..............$4,803,971
.Facility Licensing Fund..............................$22,958
.Family Care Fund.....................................$22,585
.Federal Asset Forfeiture Fund.........................$1,871
.Feed Control Fund...................................$478,234
.Fertilizer Control Fund.............................$207,398
.Financial Institution Fund........................$2,448,690
.Firearm Owner's Notification Fund.....................$3,960
.Food and Drug Safety Fund...........................$421,401
.General Professions Dedicated Fund................$3,975,808
.Good Samaritan Energy Trust Fund......................$7,191
.Governor's Grant Fund.................................$1,592
.Group Workers' Compensation Pool Insolvency Fund....$136,547
.Guardianship and Advocacy Fund.......................$27,289
.Hazardous Waste Occupational Licensing Fund..........$14,939
.Hazardous Waste Research Fund.......................$125,209
.Health Facility Plan Review Fund....................$165,972
.Hearing Instrument Dispenser
Examining and Disciplinary Fund.....................$102,842
.Home Inspector Administration Fund..................$244,503
.IEMA State Projects Fund.................................$13
.Illinois Beach Marina Fund..........................$177,801
.Illinois Capital Revolving Loan Fund..............$4,024,106
.Illinois Clean Water Fund.........................$1,835,796
.Illinois Community College Board
Contracts and Grants Fund.................................$9
.Illinois Department of Agriculture
Laboratory Services Revolving Fund..................$174,795
.Illinois Equity Fund................................$119,193
.Illinois Executive Mansion Trust Fund................$56,154
.Illinois Forestry Development Fund................$1,389,096
.Illinois Future Teacher Corps Scholarship Fund........$4,836
.Illinois Gaming Law Enforcement Fund................$650,646
.Illinois Habitat Endowment Trust Fund.............$3,641,262
.Illinois Health Facilities Planning Fund.............$23,066
.Illinois Historic Sites Fund........................$134,366
.Illinois National Guard Armory Construction Fund.....$31,469
.Illinois Rural Rehabilitation Fund....................$8,190
.Illinois School Asbestos Abatement Fund.............$183,191
.Illinois State Fair Fund.............................$50,176
.Illinois State Podiatric Disciplinary Fund..........$317,239
.Illinois Student Assistance Commission
Contracts and Grants Fund.............................$5,589
.Illinois Tourism Tax Fund...........................$647,749
.Illinois Underground Utility Facilities
Damage Prevention Fund................................$2,175
.Illinois Veterans' Rehabilitation Fund..............$218,940
.Industrial Hygiene Regulatory and Enforcement Fund....$3,564
.Innovations in Long-Term Care
Quality Demonstration Grants Fund...................$565,494
.Insurance Financial Regulation Fund.................$800,000
.ISAC Accounts Receivable Fund........................$26,374
.ISBE GED Testing Fund...............................$146,196
.ISBE Teacher Certificate Institute Fund.............$122,117
.J.J. Wolf Memorial for Conservation Investigation Fund.$8,137
.Kaskaskia Commons Permanent Fund.....................$79,813
.Land Reclamation Fund................................$30,582
.Large Business Attraction Fund......................$340,777
.Lawyers' Assistance Program Fund....................$198,207
.LEADS Maintenance Fund...............................$76,981
.Lieutenant Governor's Grant Fund........................$188
.Livestock Management Facilities Fund.................$47,800
.Local Initiative Fund.............................$1,940,646
.Local Tourism Fund..................................$132,876
.Long Term Care Monitor/Receiver Fund................$427,850
.Monetary Award Program Reserve Fund.................$879,700
.McCormick Place Expansion Project Fund....................$0
.Medicaid Buy-In Program Revolving Fund..............$318,894
.Medicaid Fraud and Abuse Prevention Fund.............$60,306
.Medical Special Purposes Trust Fund.................$930,668
.Military Affairs Trust Fund..........................$68,468
.Motor Carrier Safety Inspection Fund................$147,477
.Motor Fuel and Petroleum Standards Fund..............$19,673
.Motor Vehicle Review Board Fund.....................$250,000
.Motor Vehicle Theft Prevention Trust Fund.........$1,415,361
.Narcotics Profit Forfeiture Fund.....................$39,379
.Natural Heritage Endowment Trust Fund...............$557,264
.Natural Heritage Fund.................................$3,336
.Natural Resources Information Fund...................$64,596
.Natural Resources Restoration Trust Fund.............$63,002
.Off-Highway Vehicle Trails Fund.....................$244,815
.Oil Spill Response Fund.............................$167,547
.Paper and Printing Revolving Fund....................$48,476
.Park and Conservation Fund........................$3,050,154
.Pawnbroker Regulation Fund...........................$94,131
.Pesticide Control Fund..............................$420,223
.Petroleum Resources Revolving Fund...................$85,540
.Police Training Board Services Fund...................$1,540
.Pollution Control Board Fund.........................$23,004
.Pollution Control Board Trust Fund..................$410,651
.Post Transplant Maintenance and Retention Fund.......$75,100
.Presidential Library and Museum Operating Fund......$727,250
.Professional Regulation Evidence Fund.................$2,817
.Professional Services Fund...........................$46,222
.Provider Inquiry Trust Fund.........................$207,098
.Public Aid Recoveries Trust Fund..................$7,610,631
.Public Health Laboratory Services Revolving Fund.....$92,276
.Public Health Special State Projects Fund...........$816,202
.Public Health Water Permit Fund......................$17,624
.Public Infrastructure Construction
Loan Revolving Fund..................................$63,802
.Public Pension Regulation Fund......................$222,433
.Racing Board Fingerprint License Fund................$16,835
.Radiation Protection Fund...........................$212,010
.Real Estate License Administration Fund...........$1,500,000
.Regulatory Evaluation and Basic Enforcement Fund.....$64,221
.Regulatory Fund......................................$55,246
.Renewable Energy Resources Trust Fund................$14,033
.Response Contractors Indemnification Fund...............$126
.Rural/Downstate Health Access Fund....................$4,644
.Savings and Residential Finance Regulatory Fund...$5,200,000
.School District Emergency Financial Assistance Fund.$2,130,848
.School Technology Revolving Loan Fund................$19,158
.Second Injury Fund..................................$151,493
.Secretary of State Interagency Grant Fund............$40,900
.Secretary of State Special License Plate Fund.......$520,200
.Secretary of State Special Services Fund..........$2,500,000
.Securities Audit and Enforcement Fund.............$3,400,000
.Securities Investors Education Fund.................$100,000
.Self-Insurers Administration Fund...................$286,964
.Sex Offender Registration Fund........................$7,647
.Sexual Assault Services Fund.........................$12,210
.Small Business Environmental Assistance Fund.........$13,686
.Snowmobile Trail Establishment Fund...................$3,124
.Solid Waste Management Fund.......................$6,587,173
.Sports Facilities Tax Trust Fund..................$1,112,590
.State Appellate Defender Special State Projects Fund.$23,820
.State Asset Forfeiture Fund..........................$71,988
.State Boating Act Fund..............................$401,824
.State College and University Trust Fund.............$139,439
.State Crime Laboratory Fund..........................$44,965
.State Fair Promotional Activities Fund................$8,734
.State Garage Revolving Fund.........................$639,662
.State Offender DNA Identification System Fund........$81,740
.State Off-Set Claims Fund.........................$1,487,926
.State Parks Fund..................................$1,045,889
.State Police Motor Vehicle Theft Prevention Fund....$164,843
.State Police Vehicle Fund............................$22,899
.State Police Whistleblower Reward and Protection Fund.$199,699
.State Rail Freight Loan Repayment Fund............$1,147,727
.State Surplus Property Revolving Fund...............$388,284
.State Whistleblower Reward and Protection Fund........$1,592
.State's Attorneys Appellate Prosecutor's County Fund.$70,101
.Statewide Grand Jury Prosecution Fund.................$7,645
.Statistical Services Revolving Fund...............$4,847,783
.Subtitle D Management Fund..........................$169,744
.Tanning Facility Permit Fund.........................$64,571
.Tax Compliance and Administration Fund..............$429,377
.Tax Recovery Fund...................................$113,591
.Teacher Certificate Fee Revolving Fund..............$982,399
.Toxic Pollution Prevention Fund......................$28,534
.Underground Resources Conservation Enforcement Fund.$294,251
.University Grant Fund................................$23,881
.Used Tire Management Fund.........................$1,918,500
.Watershed Park Fund..................................$19,786
.Weights and Measures Fund.........................$1,078,121
.Workers' Compensation Benefit Trust Fund............$266,574
.Workers' Compensation Revolving Fund................$520,285
.Working Capital Revolving Fund....................$1,404,868
.Youth Alcoholism and Substance Abuse Prevention Fund.$29,995
.Youth Drug Abuse Prevention Fund.......................$4,091
    All of these transfers shall be made in equal quarterly
installments with the first made on the effective date of this
amendatory Act of the 94th General Assembly, or as soon
thereafter as practical, and with the remaining transfers to be
made on October 1, January 1, and April 1, or as soon
thereafter as practical. These transfers shall be made
notwithstanding any other provision of State law to the
contrary.
    (b) On and after the effective date of this amendatory Act
of the 94th General Assembly through June 30, 2006, when any of
the funds listed in subsection (a) have insufficient cash from
which the State Comptroller may make expenditures properly
supported by appropriations from the fund, then the State
Treasurer and State Comptroller shall transfer from the General
Revenue Fund to the fund only such amount as is immediately
necessary to satisfy outstanding expenditure obligations on a
timely basis, subject to the provisions of the State Prompt
Payment Act. Any amounts transferred from the General Revenue
Fund to a fund pursuant to this subsection (b) from time to
time shall be re-transferred by the State Comptroller and the
State Treasurer from the receiving fund into the General
Revenue Fund as soon as and to the extent that deposits are
made into or receipts are collected by the receiving fund. In
all events, the full amounts of all transfers from the General
Revenue Fund to receiving funds shall be re-transferred to the
General Revenue Fund no later than June 30, 2006.
    (c) Notwithstanding any other provision of law, on July 1,
2005, or as soon thereafter as may be practical, the State
Comptroller and the State Treasurer shall transfer $5,000,000
from the Communications Revolving Fund to the Hospital Basic
Services Prevention Fund.
 
ARTICLE 85

 
    Section 85-5. The State Finance Act is amended by changing
Section 8h as follows:
 
    (30 ILCS 105/8h)
    Sec. 8h. Transfers to General Revenue Fund.
    (a) Except as provided in subsection (b), notwithstanding
any other State law to the contrary, the Governor may, through
June 30, 2007, from time to time direct the State Treasurer and
Comptroller to transfer a specified sum from any fund held by
the State Treasurer to the General Revenue Fund in order to
help defray the State's operating costs for the fiscal year.
The total transfer under this Section from any fund in any
fiscal year shall not exceed the lesser of (i) 8% of the
revenues to be deposited into the fund during that fiscal year
or (ii) an amount that leaves a remaining fund balance of 25%
of the July 1 fund balance of that fiscal year. In fiscal year
2005 only, prior to calculating the July 1, 2004 final
balances, the Governor may calculate and direct the State
Treasurer with the Comptroller to transfer additional amounts
determined by applying the formula authorized in Public Act
93-839 to the funds balances on July 1, 2003. No transfer may
be made from a fund under this Section that would have the
effect of reducing the available balance in the fund to an
amount less than the amount remaining unexpended and unreserved
from the total appropriation from that fund estimated to be
expended for that fiscal year. This Section does not apply to
any funds that are restricted by federal law to a specific use,
to any funds in the Motor Fuel Tax Fund, the Hospital Provider
Fund, the Medicaid Provider Relief Fund, or the Reviewing Court
Alternative Dispute Resolution Fund, the Foreign Language
Interpreter Fund, the Lawyers' Assistance Program Fund, the
Supreme Court Federal Projects Fund, the Supreme Court Special
State Projects Fund, or the Low-Level Radioactive Waste
Facility Development and Operation Fund, or to any funds to
which subsection (f) of Section 20-40 of the Nursing and
Advanced Practice Nursing Act applies. Notwithstanding any
other provision of this Section, for fiscal year 2004, the
total transfer under this Section from the Road Fund or the
State Construction Account Fund shall not exceed the lesser of
(i) 5% of the revenues to be deposited into the fund during
that fiscal year or (ii) 25% of the beginning balance in the
fund. For fiscal year 2005 through fiscal year 2007, no amounts
may be transferred under this Section from the Road Fund, the
State Construction Account Fund, the Criminal Justice
Information Systems Trust Fund, the Wireless Service Emergency
Fund, or the Mandatory Arbitration Fund.
    In determining the available balance in a fund, the
Governor may include receipts, transfers into the fund, and
other resources anticipated to be available in the fund in that
fiscal year.
    The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from the
Governor.
    (b) This Section does not apply to any fund established
under the Community Senior Services and Resources Act.
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
1-15-05.)
 
    Section 85-10. The Low-Level Radioactive Waste Management
Act is amended by changing Section 13 as follows:
 
    (420 ILCS 20/13)  (from Ch. 111 1/2, par. 241-13)
    Sec. 13. Waste fees.
    (a) The Department shall collect a fee from each generator
of low-level radioactive wastes in this State. Except as
provided in subsections (b), (c), and (d), the amount of the
fee shall be $50.00 or the following amount, whichever is
greater:
        (1) $1 per cubic foot of waste shipped for storage,
    treatment or disposal if storage of the waste for shipment
    occurred prior to September 7, 1984;
        (2) $2 per cubic foot of waste stored for shipment if
    storage of the waste occurs on or after September 7, 1984,
    but prior to October 1, 1985;
        (3) $3 per cubic foot of waste stored for shipment if
    storage of the waste occurs on or after October 1, 1985;
        (4) $2 per cubic foot of waste shipped for storage,
    treatment or disposal if storage of the waste for shipment
    occurs on or after September 7, 1984 but prior to October
    1, 1985, provided that no fee has been collected previously
    for storage of the waste;
        (5) $3 per cubic foot of waste shipped for storage,
    treatment or disposal if storage of the waste for shipment
    occurs on or after October 1, 1985, provided that no fees
    have been collected previously for storage of the waste.
    Such fees shall be collected annually or as determined by
the Department and shall be deposited in the low-level
radioactive waste funds as provided in Section 14 of this Act.
Notwithstanding any other provision of this Act, no fee under
this Section shall be collected from a generator for waste
generated incident to manufacturing before December 31, 1980,
and shipped for disposal outside of this State before December
31, 1992, as part of a site reclamation leading to license
termination.
    (b) Each nuclear power reactor in this State for which an
operating license has been issued by the Nuclear Regulatory
Commission shall not be subject to the fee required by
subsection (a) with respect to (1) waste stored for shipment if
storage of the waste occurs on or after January 1, 1986; and
(2) waste shipped for storage, treatment or disposal if storage
of the waste for shipment occurs on or after January 1, 1986.
In lieu of the fee, each reactor shall be required to pay an
annual fee as provided in this subsection for the treatment,
storage and disposal of low-level radioactive waste. Beginning
with State fiscal year 1986 and through State fiscal year 1997,
fees shall be due and payable on January 1st of each year. For
State fiscal year 1998 and all subsequent State fiscal years,
fees shall be due and payable on July 1 of each fiscal year.
The fee due on July 1, 1997 shall be payable on that date, or
within 10 days after the effective date of this amendatory Act
of 1997, whichever is later.
    The owner of any nuclear power reactor that has an
operating license issued by the Nuclear Regulatory Commission
for any portion of State fiscal year 1998 shall continue to pay
an annual fee of $90,000 for the treatment, storage, and
disposal of low-level radioactive waste through State fiscal
year 2002. The fee shall be due and payable on July 1 of each
fiscal year. The fee due on July 1, 1998 shall be payable on
that date, or within 10 days after the effective date of this
amendatory Act of 1998, whichever is later. If the balance in
the Low-Level Radioactive Waste Facility Development and
Operation Fund falls below $500,000, as of the end of any
fiscal year after fiscal year 2002, the Department is
authorized to assess by rule, after notice and a hearing, an
additional annual fee to be paid by the owners of nuclear power
reactors for which operating licenses have been issued by the
Nuclear Regulatory Commission, except that no additional
annual fee shall be assessed because of the fund balance at the
end of fiscal year 2005 or the end of fiscal year 2006. The
additional annual fee shall be payable on the date or dates
specified by rule and shall not exceed $30,000 per operating
reactor per year.
    (c) In each of State fiscal years 1988, 1989 and 1990, in
addition to the fee imposed in subsections (b) and (d), the
owner of each nuclear power reactor in this State for which an
operating license has been issued by the Nuclear Regulatory
Commission shall pay a fee of $408,000. If an operating license
is issued during one of those 3 fiscal years, the owner shall
pay a prorated amount of the fee equal to $1,117.80 multiplied
by the number of days in the fiscal year during which the
nuclear power reactor was licensed.
    The fee shall be due and payable as follows: in fiscal year
1988, $204,000 shall be paid on October 1, 1987 and $102,000
shall be paid on each of January 1, 1988 and April 1, 1988; in
fiscal year 1989, $102,000 shall be paid on each of July 1,
1988, October 1, 1988, January 1, 1989 and April 1, 1989; and
in fiscal year 1990, $102,000 shall be paid on each of July 1,
1989, October 1, 1989, January 1, 1990 and April 1, 1990. If
the operating license is issued during one of the 3 fiscal
years, the owner shall be subject to those payment dates, and
their corresponding amounts, on which the owner possesses an
operating license and, on June 30 of the fiscal year of
issuance of the license, whatever amount of the prorated fee
remains outstanding.
    All of the amounts collected by the Department under this
subsection (c) shall be deposited into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created under subsection (a) of Section 14 of this Act and
expended, subject to appropriation, for the purposes provided
in that subsection.
    (d) In addition to the fees imposed in subsections (b) and
(c), the owners of nuclear power reactors in this State for
which operating licenses have been issued by the Nuclear
Regulatory Commission shall pay the following fees for each
such nuclear power reactor: for State fiscal year 1989,
$325,000 payable on October 1, 1988, $162,500 payable on
January 1, 1989, and $162,500 payable on April 1, 1989; for
State fiscal year 1990, $162,500 payable on July 1, $300,000
payable on October 1, $300,000 payable on January 1 and
$300,000 payable on April 1; for State fiscal year 1991, either
(1) $150,000 payable on July 1, $650,000 payable on September
1, $675,000 payable on January 1, and $275,000 payable on April
1, or (2) $150,000 on July 1, $130,000 on the first day of each
month from August through December, $225,000 on the first day
of each month from January through March and $92,000 on the
first day of each month from April through June; for State
fiscal year 1992, $260,000 payable on July 1, $900,000 payable
on September 1, $300,000 payable on October 1, $150,000 payable
on January 1, and $100,000 payable on April 1; for State fiscal
year 1993, $100,000 payable on July 1, $230,000 payable on
August 1 or within 10 days after July 31, 1992, whichever is
later, and $355,000 payable on October 1; for State fiscal year
1994, $100,000 payable on July 1, $75,000 payable on October 1
and $75,000 payable on April 1; for State fiscal year 1995,
$100,000 payable on July 1, $75,000 payable on October 1, and
$75,000 payable on April 1, for State fiscal year 1996,
$100,000 payable on July 1, $75,000 payable on October 1, and
$75,000 payable on April 1. The owner of any nuclear power
reactor that has an operating license issued by the Nuclear
Regulatory Commission for any portion of State fiscal year 1998
shall pay an annual fee of $30,000 through State fiscal year
2003. For State fiscal year 2004 and subsequent fiscal years,
the owner of any nuclear power reactor that has an operating
license issued by the Nuclear Regulatory Commission shall pay
an annual fee of $30,000 per reactor, provided that the fee
shall not apply to a nuclear power reactor with regard to which
the owner notified the Nuclear Regulatory Commission during
State fiscal year 1998 that the nuclear power reactor
permanently ceased operations. The fee shall be due and payable
on July 1 of each fiscal year. The fee due on July 1, 1998 shall
be payable on that date, or within 10 days after the effective
date of this amendatory Act of 1998, whichever is later. The
fee due on July 1, 1997 shall be payable on that date or within
10 days after the effective date of this amendatory Act of
1997, whichever is later. If the payments under this subsection
for fiscal year 1993 due on January 1, 1993, or on April 1,
1993, or both, were due before the effective date of this
amendatory Act of the 87th General Assembly, then those
payments are waived and need not be made.
    All of the amounts collected by the Department under this
subsection (d) shall be deposited into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created pursuant to subsection (a) of Section 14 of this Act
and expended, subject to appropriation, for the purposes
provided in that subsection.
    All payments made by licensees under this subsection (d)
for fiscal year 1992 that are not appropriated and obligated by
the Department above $1,750,000 per reactor in fiscal year
1992, shall be credited to the licensees making the payments to
reduce the per reactor fees required under this subsection (d)
for fiscal year 1993.
    (e) The Department shall promulgate rules and regulations
establishing standards for the collection of the fees
authorized by this Section. The regulations shall include, but
need not be limited to:
        (1) the records necessary to identify the amounts of
    low-level radioactive wastes produced;
        (2) the form and submission of reports to accompany the
    payment of fees to the Department; and
        (3) the time and manner of payment of fees to the
    Department, which payments shall not be more frequent than
    quarterly.
    (f) Any operating agreement entered into under subsection
(b) of Section 5 of this Act between the Department and any
disposal facility contractor shall, subject to the provisions
of this Act, authorize the contractor to impose upon and
collect from persons using the disposal facility fees designed
and set at levels reasonably calculated to produce sufficient
revenues (1) to pay all costs and expenses properly incurred or
accrued in connection with, and properly allocated to,
performance of the contractor's obligations under the
operating agreement, and (2) to provide reasonable and
appropriate compensation or profit to the contractor under the
operating agreement. For purposes of this subsection (f), the
term "costs and expenses" may include, without limitation, (i)
direct and indirect costs and expenses for labor, services,
equipment, materials, insurance and other risk management
costs, interest and other financing charges, and taxes or fees
in lieu of taxes; (ii) payments to or required by the United
States, the State of Illinois or any agency or department
thereof, the Central Midwest Interstate Low-Level Radioactive
Waste Compact, and subject to the provisions of this Act, any
unit of local government; (iii) amortization of capitalized
costs with respect to the disposal facility and its
development, including any capitalized reserves; and (iv)
payments with respect to reserves, accounts, escrows or trust
funds required by law or otherwise provided for under the
operating agreement.
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (j-5) Prior to commencement of facility operations, the
Department shall adopt rules providing for the establishment
and collection of fees and charges with respect to the use of
the disposal facility as provided in subsection (f) of this
Section.
    (k) The regional disposal facility shall be subject to ad
valorem real estate taxes lawfully imposed by units of local
government and school districts with jurisdiction over the
facility. No other local government tax, surtax, fee or other
charge on activities at the regional disposal facility shall be
allowed except as authorized by the Department.
    (l) The Department shall have the power, in the event that
acceptance of waste for disposal at the regional disposal
facility is suspended, delayed or interrupted, to impose
emergency fees on the generators of low-level radioactive
waste. Generators shall pay emergency fees within 30 days of
receipt of notice of the emergency fees. The Department shall
deposit all of the receipts of any fees collected under this
subsection into the Low-Level Radioactive Waste Facility
Development and Operation Fund created under subsection (b) of
Section 14. Emergency fees may be used to mitigate the impacts
of the suspension or interruption of acceptance of waste for
disposal. The requirements for rulemaking in the Illinois
Administrative Procedure Act shall not apply to the imposition
of emergency fees under this subsection.
    (m) The Department shall promulgate any other rules and
regulations as may be necessary to implement this Section.
(Source: P.A. 92-276, eff. 8-7-01; 93-839, eff. 7-30-04.)
 
ARTICLE 90

 
    Section 90-5. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-707 as follows:
 
    (20 ILCS 605/605-707)  (was 20 ILCS 605/46.6d)
    Sec. 605-707. International Tourism Program.
    (a) The Department of Commerce and Economic Opportunity
Community Affairs must establish a program for international
tourism. The Department shall develop and implement the program
on January 1, 2000 by rule. As part of the program, the
Department may work in cooperation with local convention and
tourism bureaus in Illinois in the coordination of
international tourism efforts at the State and local level. The
Department may (i) work in cooperation with local convention
and tourism bureaus for efficient use of their international
tourism marketing resources, (ii) promote Illinois in
international meetings and tourism markets, (iii) work with
convention and tourism bureaus throughout the State to increase
the number of international tourists to Illinois, (iv) provide
training, research, technical support, and grants to certified
convention and tourism bureaus, (v) provide staff,
administration, and related support required to manage the
programs under this Section, and (vi) provide grants for the
development of or the enhancement of international tourism
attractions.
    (b) The Department shall make grants for expenses related
to international tourism and pay for the staffing,
administration, and related support from the International
Tourism Fund, a special fund created in the State Treasury. Of
the amounts deposited into the Fund in fiscal year 2000 after
January 1, 2000, 55% shall be used for grants to convention and
tourism bureaus in Chicago (other than the City of Chicago's
Office of Tourism) and 45% shall be used for development of
international tourism in areas outside of Chicago. Of the
amounts deposited into the Fund in fiscal year 2001 and
thereafter, 55% shall be used for grants to convention and
tourism bureaus in Chicago, and of that amount not less than
27.5% shall be used for grants to convention and tourism
bureaus in Chicago other than the City of Chicago's Office of
Tourism, and 45% shall be used for administrative expenses and
grants authorized under this Section and development of
international tourism in areas outside of Chicago, of which not
less than $1,000,000 shall be used annually to make grants to
convention and tourism bureaus in cities other than Chicago
that demonstrate their international tourism appeal and
request to develop or expand their international tourism
marketing program, and may also be used to provide grants under
item (vi) of subsection (a) of this Section. Amounts
appropriated to the State Comptroller for administrative
expenses and grants authorized by the Illinois Global
Partnership Act are payable from the International Tourism
Fund.
    (c) A convention and tourism bureau is eligible to receive
grant moneys under this Section if the bureau is certified to
receive funds under Title 14 of the Illinois Administrative
Code, Section 550.35. To be eligible for a grant, a convention
and tourism bureau must provide matching funds equal to the
grant amount. In certain circumstances as determined by the
Director of Commerce and Economic Opportunity Community
Affairs, however, the City of Chicago's Office of Tourism or
any other convention and tourism bureau may provide matching
funds equal to no less than 50% of the grant amount to be
eligible to receive the grant. One-half of this 50% may be
provided through in-kind contributions. Grants received by the
City of Chicago's Office of Tourism and by convention and
tourism bureaus in Chicago may be expended for the general
purposes of promoting conventions and tourism.
(Source: P.A. 91-604, eff. 8-16-99; 91-683, eff. 1-26-00;
92-38, eff. 6-28-01; revised 12-6-03.)
 
    Section 90-10. The Illinois Horse Racing Act of 1975 is
amended by changing Section 28 as follows:
 
    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
    Sec. 28. Except as provided in subsection (g) of Section 27
of this Act, moneys collected shall be distributed according to
the provisions of this Section 28.
    (a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Fair and Exposition Authority Reconstruction Fund
in the State treasury until such Fund contains sufficient money
to pay in full, both principal and interest, all of the
outstanding bonds issued pursuant to the Fair and Exposition
Authority Reconstruction Act, approved July 31, 1967, as
amended, and thereafter shall be paid into the Metropolitan
Exposition Auditorium and Office Building Fund in the State
Treasury.
    (b) Four and one-half per cent of the total of all monies
received by the State as privilege taxes shall be paid into the
State treasury into a special Fund to be known as the
Metropolitan Exposition, Auditorium, and Office Building Fund.
    (c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
    (d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and
Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan
Fair and Exposition Authority shall have been paid or payment
shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid each
month into the Build Illinois Fund, and the remainder into the
Fair and Exposition Fund. All excess monies shall be allocated
to the Department of Agriculture for distribution to county
fairs for premiums and rehabilitation as set forth in the
Agricultural Fair Act.
    (e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
    (f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
    (g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established in
Section 32.
    (h) All other monies received by the Board under this Act
shall be paid into the General Revenue Fund of the State.
    (i) The salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives,
accountants, clerks, stenographers, inspectors and other
employees of the Board, and all expenses of the Board incident
to the administration of this Act, including, but not limited
to, all expenses and salaries incident to the taking of saliva
and urine samples in accordance with the rules and regulations
of the Board shall be paid out of the Agricultural Premium
Fund.
    (j) The Agricultural Premium Fund shall also be used:
        (1) for the expenses of operating the Illinois State
    Fair and the DuQuoin State Fair, including the payment of
    prize money or premiums;
        (2) for the distribution to county fairs, vocational
    agriculture section fairs, agricultural societies, and
    agricultural extension clubs in accordance with the
    Agricultural Fair Act, as amended;
        (3) for payment of prize monies and premiums awarded
    and for expenses incurred in connection with the
    International Livestock Exposition and the Mid-Continent
    Livestock Exposition held in Illinois, which premiums, and
    awards must be approved, and paid by the Illinois
    Department of Agriculture;
        (4) for personal service of county agricultural
    advisors and county home advisors;
        (5) for distribution to agricultural home economic
    extension councils in accordance with "An Act in relation
    to additional support and finance for the Agricultural and
    Home Economic Extension Councils in the several counties in
    this State and making an appropriation therefor", approved
    July 24, 1967, as amended;
        (6) for research on equine disease, including a
    development center therefor;
        (7) for training scholarships for study on equine
    diseases to students at the University of Illinois College
    of Veterinary Medicine;
        (8) for the rehabilitation, repair and maintenance of
    the Illinois and DuQuoin State Fair Grounds and the
    structures and facilities thereon and the construction of
    permanent improvements on such Fair Grounds, including
    such structures, facilities and property located on such
    State Fair Grounds which are under the custody and control
    of the Department of Agriculture;
        (9) for the expenses of the Department of Agriculture
    under Section 5-530 of the Departments of State Government
    Law (20 ILCS 5/5-530);
        (10) for the expenses of the Department of Commerce and
    Economic Opportunity Community Affairs under Sections
    605-620, 605-625, and 605-630 of the Department of Commerce
    and Economic Opportunity Community Affairs Law (20 ILCS
    605/605-620, 605/605-625, and 605/605-630);
        (11) for remodeling, expanding, and reconstructing
    facilities destroyed by fire of any Fair and Exposition
    Authority in counties with a population of 1,000,000 or
    more inhabitants;
        (12) for the purpose of assisting in the care and
    general rehabilitation of disabled veterans of any war and
    their surviving spouses and orphans;
        (13) for expenses of the Department of State Police for
    duties performed under this Act;
        (14) for the Department of Agriculture for soil surveys
    and soil and water conservation purposes;
        (15) for the Department of Agriculture for grants to
    the City of Chicago for conducting the Chicagofest; .
        (16) for the State Comptroller for grants and operating
    expenses authorized by the Illinois Global Partnership
    Act.
    (k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor in
excess of the amount necessary for the purposes herein stated,
the Governor shall notify the Comptroller and the State
Treasurer of such fact, who, upon receipt of such notification,
shall transfer such excess monies from the Agricultural Premium
Fund to the General Revenue Fund.
(Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16,
eff. 6-28-01; revised 12-6-03.)
 
ARTICLE 999

 
    Section 999-997. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
 
    Section 999-999. Effective date. This Act takes effect July
1, 2005.