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90_HB3275
SEE INDEX
Amends the Legislative Commission Reorganization Act of
1984 and other Acts referring to the Illinois Economic and
Fiscal Commission, the Commission on Intergovernmental
Cooperation, and the Legislative Research Unit. Eliminates
the Illinois Economic and Fiscal Commission, the Commission
on Intergovernmental Cooperation, and the Legislative
Research Unit and transfers their functions to a new
legislative support services agency, the Legislative Research
Agency. Requires the Agency to also provide General Assembly
members, standing committees, and committee and caucus staff
with research in all areas covered by the General Assembly's
standing committees, including appropriations and budgeting,
and its special commissions and projects.
LRB9010542JMdv
LRB9010542JMdv
1 AN ACT to create the Legislative Research Agency,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 5
6 Section 5-5. The State Employees Group Insurance Act of
7 1971 is amended by changing Section 3 as follows:
8 (5 ILCS 375/3) (from Ch. 127, par. 523)
9 Sec. 3. Definitions. Unless the context otherwise
10 requires, the following words and phrases as used in this Act
11 shall have the following meanings. The Department may define
12 these and other words and phrases separately for the purpose
13 of implementing specific programs providing benefits under
14 this Act.
15 (a) "Administrative service organization" means any
16 person, firm or corporation experienced in the handling of
17 claims which is fully qualified, financially sound and
18 capable of meeting the service requirements of a contract of
19 administration executed with the Department.
20 (b) "Annuitant" means (1) an employee who retires, or
21 has retired, on or after January 1, 1966 on an immediate
22 annuity under the provisions of Articles 2, 14, 15 (including
23 an employee who has retired under the optional retirement
24 program established under Section 15-158.2), paragraphs (b)
25 or (c) of Section 16-106, or Article 18 of the Illinois
26 Pension Code; (2) any person who was receiving group
27 insurance coverage under this Act as of March 31, 1978 by
28 reason of his status as an annuitant, even though the annuity
29 in relation to which such coverage was provided is a
30 proportional annuity based on less than the minimum period of
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1 service required for a retirement annuity in the system
2 involved; (3) any person not otherwise covered by this Act
3 who has retired as a participating member under Article 2 of
4 the Illinois Pension Code but is ineligible for the
5 retirement annuity under Section 2-119 of the Illinois
6 Pension Code; (4) the spouse of any person who is receiving a
7 retirement annuity under Article 18 of the Illinois Pension
8 Code and who is covered under a group health insurance
9 program sponsored by a governmental employer other than the
10 State of Illinois and who has irrevocably elected to waive
11 his or her coverage under this Act and to have his or her
12 spouse considered as the "annuitant" under this Act and not
13 as a "dependent"; or (5) an employee who retires, or has
14 retired, from a qualified position, as determined according
15 to rules promulgated by the Director, under a qualified local
16 government or a qualified rehabilitation facility or a
17 qualified domestic violence shelter or service. (For
18 definition of "retired employee", see (p) post).
19 (b-5) "New SERS annuitant" means a person who, on or
20 after January 1, 1998, becomes an annuitant, as defined in
21 subsection (b), by virtue of beginning to receive a
22 retirement annuity under Article 14 of the Illinois Pension
23 Code, and is eligible to participate in the basic program of
24 group health benefits provided for annuitants under this Act.
25 (b-6) "New SURS annuitant" means a person who, on or
26 after January 1, 1998, becomes an annuitant, as defined in
27 subsection (b), by virtue of beginning to receive a
28 retirement annuity under Article 15 of the Illinois Pension
29 Code, and is eligible to participate in the basic program of
30 group health benefits provided for annuitants under this Act.
31 (c) "Carrier" means (1) an insurance company, a
32 corporation organized under the Limited Health Service
33 Organization Act or the Voluntary Health Services Plan Act, a
34 partnership, or other nongovernmental organization, which is
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1 authorized to do group life or group health insurance
2 business in Illinois, or (2) the State of Illinois as a
3 self-insurer.
4 (d) "Compensation" means salary or wages payable on a
5 regular payroll by the State Treasurer on a warrant of the
6 State Comptroller out of any State, trust or federal fund, or
7 by the Governor of the State through a disbursing officer of
8 the State out of a trust or out of federal funds, or by any
9 Department out of State, trust, federal or other funds held
10 by the State Treasurer or the Department, to any person for
11 personal services currently performed, and ordinary or
12 accidental disability benefits under Articles 2, 14, 15
13 (including ordinary or accidental disability benefits under
14 the optional retirement program established under Section
15 15-158.2), paragraphs (b) or (c) of Section 16-106, or
16 Article 18 of the Illinois Pension Code, for disability
17 incurred after January 1, 1966, or benefits payable under the
18 Workers' Compensation or Occupational Diseases Act or
19 benefits payable under a sick pay plan established in
20 accordance with Section 36 of the State Finance Act.
21 "Compensation" also means salary or wages paid to an employee
22 of any qualified local government or qualified rehabilitation
23 facility or a qualified domestic violence shelter or service.
24 (e) "Commission" means the State Employees Group
25 Insurance Advisory Commission authorized by this Act.
26 Commencing July 1, 1984, and until the effective date of this
27 amendatory Act of 1998, "Commission" as used in this Act
28 means the Illinois Economic and Fiscal Commission, and
29 beginning on the effective date of this amendatory Act of
30 1998 means the Legislative Research Agency, as established by
31 the Legislative Commission Reorganization Act of 1984.
32 (f) "Contributory", when referred to as contributory
33 coverage, shall mean optional coverages or benefits elected
34 by the member toward the cost of which such member makes
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1 contribution, or which are funded in whole or in part through
2 the acceptance of a reduction in earnings or the foregoing of
3 an increase in earnings by an employee, as distinguished from
4 noncontributory coverage or benefits which are paid entirely
5 by the State of Illinois without reduction of the member's
6 salary.
7 (g) "Department" means any department, institution,
8 board, commission, officer, court or any agency of the State
9 government receiving appropriations and having power to
10 certify payrolls to the Comptroller authorizing payments of
11 salary and wages against such appropriations as are made by
12 the General Assembly from any State fund, or against trust
13 funds held by the State Treasurer and includes boards of
14 trustees of the retirement systems created by Articles 2, 14,
15 15, 16 and 18 of the Illinois Pension Code. "Department"
16 also includes the Illinois Comprehensive Health Insurance
17 Board, the Board of Examiners established under the Illinois
18 Public Accounting Act, and the Illinois Rural Bond Bank.
19 (h) "Dependent", when the term is used in the context of
20 the health and life plan, means a member's spouse and any
21 unmarried child (1) from birth to age 19 including an adopted
22 child, a child who lives with the member from the time of the
23 filing of a petition for adoption until entry of an order of
24 adoption, a stepchild or recognized child who lives with the
25 member in a parent-child relationship, or a child who lives
26 with the member if such member is a court appointed guardian
27 of the child, or (2) age 19 to 23 enrolled as a full-time
28 student in any accredited school, financially dependent upon
29 the member, and eligible as a dependent for Illinois State
30 income tax purposes, or (3) age 19 or over who is mentally or
31 physically handicapped as defined in the Illinois Insurance
32 Code. For the health plan only, the term "dependent" also
33 includes any person enrolled prior to the effective date of
34 this Section who is dependent upon the member to the extent
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1 that the member may claim such person as a dependent for
2 Illinois State income tax deduction purposes; no other such
3 person may be enrolled.
4 (i) "Director" means the Director of the Illinois
5 Department of Central Management Services.
6 (j) "Eligibility period" means the period of time a
7 member has to elect enrollment in programs or to select
8 benefits without regard to age, sex or health.
9 (k) "Employee" means and includes each officer or
10 employee in the service of a department who (1) receives his
11 compensation for service rendered to the department on a
12 warrant issued pursuant to a payroll certified by a
13 department or on a warrant or check issued and drawn by a
14 department upon a trust, federal or other fund or on a
15 warrant issued pursuant to a payroll certified by an elected
16 or duly appointed officer of the State or who receives
17 payment of the performance of personal services on a warrant
18 issued pursuant to a payroll certified by a Department and
19 drawn by the Comptroller upon the State Treasurer against
20 appropriations made by the General Assembly from any fund or
21 against trust funds held by the State Treasurer, and (2) is
22 employed full-time or part-time in a position normally
23 requiring actual performance of duty during not less than 1/2
24 of a normal work period, as established by the Director in
25 cooperation with each department, except that persons elected
26 by popular vote will be considered employees during the
27 entire term for which they are elected regardless of hours
28 devoted to the service of the State, and (3) except that
29 "employee" does not include any person who is not eligible by
30 reason of such person's employment to participate in one of
31 the State retirement systems under Articles 2, 14, 15 (either
32 the regular Article 15 system or the optional retirement
33 program established under Section 15-158.2) or 18, or under
34 paragraph (b) or (c) of Section 16-106, of the Illinois
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1 Pension Code, but such term does include persons who are
2 employed during the 6 month qualifying period under Article
3 14 of the Illinois Pension Code. Such term also includes any
4 person who (1) after January 1, 1966, is receiving ordinary
5 or accidental disability benefits under Articles 2, 14, 15
6 (including ordinary or accidental disability benefits under
7 the optional retirement program established under Section
8 15-158.2), paragraphs (b) or (c) of Section 16-106, or
9 Article 18 of the Illinois Pension Code, for disability
10 incurred after January 1, 1966, (2) receives total permanent
11 or total temporary disability under the Workers' Compensation
12 Act or Occupational Disease Act as a result of injuries
13 sustained or illness contracted in the course of employment
14 with the State of Illinois, or (3) is not otherwise covered
15 under this Act and has retired as a participating member
16 under Article 2 of the Illinois Pension Code but is
17 ineligible for the retirement annuity under Section 2-119 of
18 the Illinois Pension Code. However, a person who satisfies
19 the criteria of the foregoing definition of "employee" except
20 that such person is made ineligible to participate in the
21 State Universities Retirement System by clause (4) of
22 subsection (a) of Section 15-107 of the Illinois Pension Code
23 is also an "employee" for the purposes of this Act.
24 "Employee" also includes any person receiving or eligible for
25 benefits under a sick pay plan established in accordance with
26 Section 36 of the State Finance Act. "Employee" also includes
27 each officer or employee in the service of a qualified local
28 government, including persons appointed as trustees of
29 sanitary districts regardless of hours devoted to the service
30 of the sanitary district, and each employee in the service of
31 a qualified rehabilitation facility and each full-time
32 employee in the service of a qualified domestic violence
33 shelter or service, as determined according to rules
34 promulgated by the Director.
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1 (l) "Member" means an employee, annuitant, retired
2 employee or survivor.
3 (m) "Optional coverages or benefits" means those
4 coverages or benefits available to the member on his or her
5 voluntary election, and at his or her own expense.
6 (n) "Program" means the group life insurance, health
7 benefits and other employee benefits designed and contracted
8 for by the Director under this Act.
9 (o) "Health plan" means a self-insured health insurance
10 program offered by the State of Illinois for the purposes of
11 benefiting employees by means of providing, among others,
12 wellness programs, utilization reviews, second opinions and
13 medical fee reviews, as well as for paying for hospital and
14 medical care up to the maximum coverage provided by the plan,
15 to its members and their dependents.
16 (p) "Retired employee" means any person who would be an
17 annuitant as that term is defined herein but for the fact
18 that such person retired prior to January 1, 1966. Such term
19 also includes any person formerly employed by the University
20 of Illinois in the Cooperative Extension Service who would be
21 an annuitant but for the fact that such person was made
22 ineligible to participate in the State Universities
23 Retirement System by clause (4) of subsection (a) of Section
24 15-107 of the Illinois Pension Code.
25 (p-6) "New SURS retired employee" means a person who, on
26 or after January 1, 1998, becomes a retired employee, as
27 defined in subsection (p), by virtue of being a person
28 formerly employed by the University of Illinois in the
29 Cooperative Extension Service who would be an annuitant but
30 for the fact that he or she was made ineligible to
31 participate in the State Universities Retirement System by
32 clause (4) of subsection (a) of Section 15-107 of the
33 Illinois Pension Code, and who is eligible to participate in
34 the basic program of group health benefits provided for
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1 retired employees under this Act.
2 (q) "Survivor" means a person receiving an annuity as a
3 survivor of an employee or of an annuitant. "Survivor" also
4 includes: (1) the surviving dependent of a person who
5 satisfies the definition of "employee" except that such
6 person is made ineligible to participate in the State
7 Universities Retirement System by clause (4) of subsection
8 (a) of Section 15-107 of the Illinois Pension Code; and (2)
9 the surviving dependent of any person formerly employed by
10 the University of Illinois in the Cooperative Extension
11 Service who would be an annuitant except for the fact that
12 such person was made ineligible to participate in the State
13 Universities Retirement System by clause (4) of subsection
14 (a) of Section 15-107 of the Illinois Pension Code.
15 (q-5) "New SERS survivor" means a survivor, as defined
16 in subsection (q), whose annuity is paid under Article 14 of
17 the Illinois Pension Code and is based on the death of (i) an
18 employee whose death occurs on or after January 1, 1998, or
19 (ii) a new SERS annuitant as defined in subsection (b-5).
20 (q-6) "New SURS survivor" means a survivor, as defined
21 in subsection (q), whose annuity is paid under Article 15 of
22 the Illinois Pension Code and is based on the death of (i) an
23 employee whose death occurs on or after January 1, 1998, (ii)
24 a new SURS annuitant as defined in subsection (b-6), or (iii)
25 a new SURS retired employee as defined in subsection (p-6).
26 (r) "Medical services" means the services provided
27 within the scope of their licenses by practitioners in all
28 categories licensed under the Medical Practice Act of 1987.
29 (s) "Unit of local government" means any county,
30 municipality, township, school district, special district or
31 other unit, designated as a unit of local government by law,
32 which exercises limited governmental powers or powers in
33 respect to limited governmental subjects, any not-for-profit
34 association with a membership that primarily includes
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1 townships and township officials, that has duties that
2 include provision of research service, dissemination of
3 information, and other acts for the purpose of improving
4 township government, and that is funded wholly or partly in
5 accordance with Section 85-15 of the Township Code; any
6 not-for-profit corporation or association, with a membership
7 consisting primarily of municipalities, that operates its own
8 utility system, and provides research, training,
9 dissemination of information, or other acts to promote
10 cooperation between and among municipalities that provide
11 utility services and for the advancement of the goals and
12 purposes of its membership; and the Illinois Association of
13 Park Districts. "Qualified local government" means a unit of
14 local government approved by the Director and participating
15 in a program created under subsection (i) of Section 10 of
16 this Act.
17 (t) "Qualified rehabilitation facility" means any
18 not-for-profit organization that is accredited by the
19 Commission on Accreditation of Rehabilitation Facilities or
20 certified by the Department of Human Services (as successor
21 to the Department of Mental Health and Developmental
22 Disabilities) to provide services to persons with
23 disabilities and which receives funds from the State of
24 Illinois for providing those services, approved by the
25 Director and participating in a program created under
26 subsection (j) of Section 10 of this Act.
27 (u) "Qualified domestic violence shelter or service"
28 means any Illinois domestic violence shelter or service and
29 its administrative offices funded by the Department of Human
30 Services (as successor to the Illinois Department of Public
31 Aid), approved by the Director and participating in a program
32 created under subsection (k) of Section 10.
33 (v) "TRS benefit recipient" means a person who:
34 (1) is not a "member" as defined in this Section;
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1 and
2 (2) is receiving a monthly benefit or retirement
3 annuity under Article 16 of the Illinois Pension Code;
4 and
5 (3) either (i) has at least 8 years of creditable
6 service under Article 16 of the Illinois Pension Code, or
7 (ii) was enrolled in the health insurance program offered
8 under that Article on January 1, 1996, or (iii) is the
9 survivor of a benefit recipient who had at least 8 years
10 of creditable service under Article 16 of the Illinois
11 Pension Code or was enrolled in the health insurance
12 program offered under that Article on the effective date
13 of this amendatory Act of 1995, or (iv) is a recipient or
14 survivor of a recipient of a disability benefit under
15 Article 16 of the Illinois Pension Code.
16 (w) "TRS dependent beneficiary" means a person who:
17 (1) is not a "member" or "dependent" as defined in
18 this Section; and
19 (2) is a TRS benefit recipient's: (A) spouse, (B)
20 dependent parent who is receiving at least half of his or
21 her support from the TRS benefit recipient, or (C)
22 unmarried natural or adopted child who is (i) under age
23 19, or (ii) enrolled as a full-time student in an
24 accredited school, financially dependent upon the TRS
25 benefit recipient, eligible as a dependent for Illinois
26 State income tax purposes, and either is under age 24 or
27 was, on January 1, 1996, participating as a dependent
28 beneficiary in the health insurance program offered under
29 Article 16 of the Illinois Pension Code, or (iii) age 19
30 or over who is mentally or physically handicapped as
31 defined in the Illinois Insurance Code.
32 (x) "Military leave with pay and benefits" refers to
33 individuals in basic training for reserves, special/advanced
34 training, annual training, emergency call up, or activation
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1 by the President of the United States with approved pay and
2 benefits.
3 (y) "Military leave without pay and benefits" refers to
4 individuals who enlist for active duty in a regular component
5 of the U.S. Armed Forces or other duty not specified or
6 authorized under military leave with pay and benefits.
7 (z) "Community college benefit recipient" means a person
8 who:
9 (1) is not a "member" as defined in this Section;
10 and
11 (2) is receiving a monthly survivor's annuity or
12 retirement annuity under Article 15 of the Illinois
13 Pension Code; and
14 (3) either (i) was a full-time employee of a
15 community college district or an association of community
16 college boards created under the Public Community College
17 Act (other than an employee whose last employer under
18 Article 15 of the Illinois Pension Code was a community
19 college district subject to Article VII of the Public
20 Community College Act) and was eligible to participate in
21 a group health benefit plan as an employee during the
22 time of employment with a community college district
23 (other than a community college district subject to
24 Article VII of the Public Community College Act) or an
25 association of community college boards, or (ii) is the
26 survivor of a person described in item (i).
27 (aa) "Community college dependent beneficiary" means a
28 person who:
29 (1) is not a "member" or "dependent" as defined in
30 this Section; and
31 (2) is a community college benefit recipient's: (A)
32 spouse, (B) dependent parent who is receiving at least
33 half of his or her support from the community college
34 benefit recipient, or (C) unmarried natural or adopted
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1 child who is (i) under age 19, or (ii) enrolled as a
2 full-time student in an accredited school, financially
3 dependent upon the community college benefit recipient,
4 eligible as a dependent for Illinois State income tax
5 purposes and under age 23, or (iii) age 19 or over and
6 mentally or physically handicapped as defined in the
7 Illinois Insurance Code.
8 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95;
9 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff.
10 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628,
11 eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
12 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
13 revised 10-13-97.)
14 Section 5-10. The Civil Administrative Code of Illinois
15 is amended by changing Section 38 as follows:
16 (15 ILCS 20/38) (from Ch. 127, par. 38)
17 Sec. 38. The Governor shall, as soon as possible and not
18 later than the third Wednesday in February of each year
19 beginning in 1998, submit a State budget, embracing therein
20 the amounts recommended by him to be appropriated to the
21 respective departments, offices, and institutions, and for
22 all other public purposes, the estimated revenues from
23 taxation, the estimated revenues from sources other than
24 taxation, and an estimate of the amount required to be raised
25 by taxation. The amounts recommended by the Governor for
26 appropriation to the respective departments, offices and
27 institutions shall be formulated according to the various
28 functions and activities for which the respective department,
29 office or institution of the State government (including the
30 elective officers in the executive department and including
31 the University of Illinois and the judicial department) is
32 responsible. The amounts relating to particular functions and
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1 activities shall be further formulated in accordance with the
2 object classification specified in Section 13 of the State
3 Finance Act.
4 The Governor shall not propose expenditures and the
5 General Assembly shall not enact appropriations that exceed
6 the resources estimated to be available, as provided in this
7 Section.
8 For the purposes of Article VIII, Section 2 of the 1970
9 Illinois Constitution, the State budget for the following
10 funds shall be prepared on the basis of revenue and
11 expenditure measurement concepts that are in concert with
12 generally accepted accounting principles for governments:
13 (1) General Revenue Fund
14 (2) Common School Fund
15 (3) Educational Assistance Fund
16 (4) Road Fund
17 (5) Motor Fuel Tax Fund
18 (6) Agricultural Premium Fund
19 These funds shall be known as the "budgeted funds". The
20 revenue estimates used in the State budget for the budgeted
21 funds shall include the estimated beginning fund balance,
22 plus revenues estimated to be received during the budgeted
23 year, plus the estimated receipts due the State as of June 30
24 of the budgeted year that are expected to be collected during
25 the lapse period following the budgeted year, minus the
26 receipts collected during the first 2 months of the budgeted
27 year that became due to the State in the year before the
28 budgeted year. Revenues shall also include estimated federal
29 reimbursements associated with the recognition of Section 25
30 of the State Finance Act liabilities. For any budgeted fund
31 for which current year revenues are anticipated to exceed
32 expenditures, the surplus shall be considered to be a
33 resource available for expenditure in the budgeted fiscal
34 year.
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1 Expenditure estimates for the budgeted funds included in
2 the State budget shall include the costs to be incurred by
3 the State for the budgeted year, to be paid in the next
4 fiscal year, excluding costs paid in the budgeted year which
5 were carried over from the prior year, where the payment is
6 authorized by Section 25 of the State Finance Act. For any
7 budgeted fund for which expenditures are expected to exceed
8 revenues in the current fiscal year, the deficit shall be
9 considered as a use of funds in the budgeted fiscal year.
10 Revenues and expenditures shall also include transfers
11 between funds that are based on revenues received or costs
12 incurred during the budget year.
13 By March 15 of each year, the Legislative Research Agency
14 Economic and Fiscal Commission shall prepare revenue and fund
15 transfer estimates in accordance with the requirements of
16 this Section and report those estimates to the General
17 Assembly and the Governor.
18 For all funds other than the budgeted funds, the proposed
19 expenditures shall not exceed funds estimated to be available
20 for the fiscal year as shown in the budget. Appropriation
21 for a fiscal year shall not exceed funds estimated by the
22 General Assembly to be available during that year.
23 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)
24 Section 5-15. The Personnel Code is amended by changing
25 Sections 4c and 9 as follows:
26 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
27 Sec. 4c. General exemptions. The following positions in
28 State service shall be exempt from jurisdictions A, B, and C,
29 unless the jurisdictions shall be extended as provided in
30 this Act:
31 (1) All officers elected by the people.
32 (2) All positions under the Lieutenant Governor,
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1 Secretary of State, State Treasurer, State Comptroller,
2 State Board of Education, Clerk of the Supreme Court, and
3 Attorney General.
4 (3) Judges, and officers and employees of the
5 courts, and notaries public.
6 (4) All officers and employees of the Illinois
7 General Assembly, all employees of legislative
8 commissions, all officers and employees of the Illinois
9 Legislative Reference Bureau, the Legislative Research
10 Agency Unit, and the Legislative Printing Unit.
11 (5) All positions in the Illinois National Guard
12 and Illinois State Guard, paid from federal funds or
13 positions in the State Military Service filled by
14 enlistment and paid from State funds.
15 (6) All employees of the Governor at the executive
16 mansion and on his immediate personal staff.
17 (7) Directors of Departments, the Adjutant General,
18 the Assistant Adjutant General, the Director of the
19 Illinois Emergency Management Agency, members of boards
20 and commissions, and all other positions appointed by
21 the Governor by and with the consent of the Senate.
22 (8) The presidents, other principal administrative
23 officers, and teaching, research and extension faculties
24 of Chicago State University, Eastern Illinois University,
25 Governors State University, Illinois State University,
26 Northeastern Illinois University, Northern Illinois
27 University, Western Illinois University, the Illinois
28 Community College Board, Southern Illinois University,
29 Illinois Board of Higher Education, University of
30 Illinois, State Universities Civil Service System,
31 University Retirement System of Illinois, and the
32 administrative officers and scientific and technical
33 staff of the Illinois State Museum.
34 (9) All other employees except the presidents,
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1 other principal administrative officers, and teaching,
2 research and extension faculties of the universities
3 under the jurisdiction of the Board of Regents and the
4 colleges and universities under the jurisdiction of the
5 Board of Governors of State Colleges and Universities,
6 Illinois Community College Board, Southern Illinois
7 University, Illinois Board of Higher Education, Board of
8 Governors of State Colleges and Universities, the Board
9 of Regents, University of Illinois, State Universities
10 Civil Service System, University Retirement System of
11 Illinois, so long as these are subject to the provisions
12 of the State Universities Civil Service Act.
13 (10) The State Police so long as they are subject
14 to the merit provisions of the State Police Act.
15 (11) The scientific staff of the State Scientific
16 Surveys and the Waste Management and Research Center.
17 (12) The technical and engineering staffs of the
18 Department of Transportation, the Department of Nuclear
19 Safety and the Illinois Commerce Commission, and the
20 technical and engineering staff providing architectural
21 and engineering services in the Department of Central
22 Management Services.
23 (13) All employees of the Illinois State Toll
24 Highway Commission.
25 (14) The Secretary of the Industrial Commission.
26 (15) All persons who are appointed or employed by
27 the Director of Insurance under authority of Section 202
28 of the Illinois Insurance Code to assist the Director of
29 Insurance in discharging his responsibilities relating to
30 the rehabilitation, liquidation, conservation, and
31 dissolution of companies that are subject to the
32 jurisdiction of the Illinois Insurance Code.
33 (16) All employees of the St. Louis Metropolitan
34 Area Airport Authority.
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1 (17) All investment officers employed by the
2 Illinois State Board of Investment.
3 (18) Employees of the Illinois Young Adult
4 Conservation Corps program, administered by the Illinois
5 Department of Natural Resources, authorized grantee under
6 Title VIII of the Comprehensive Employment and Training
7 Act of 1973, 29 USC 993.
8 (19) Seasonal employees of the Department of
9 Agriculture for the operation of the Illinois State Fair
10 and the DuQuoin State Fair, no one person receiving more
11 than 29 days of such employment in any calendar year.
12 (20) All "temporary" employees hired under the
13 Department of Natural Resources' Illinois Conservation
14 Service, a youth employment program that hires young
15 people to work in State parks for a period of one year or
16 less.
17 (21) All hearing officers of the Human Rights
18 Commission.
19 (22) All employees of the Illinois Mathematics and
20 Science Academy.
21 (23) All employees of the Kankakee River Valley
22 Area Airport Authority.
23 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
24 eff. 8-17-97.)
25 (20 ILCS 415/9) (from Ch. 127, par. 63b109)
26 Sec. 9. Director, powers and duties. The Director, as
27 executive head of the Department, shall direct and supervise
28 all its administrative and technical activities. In addition
29 to the duties imposed upon him elsewhere in this law, it
30 shall be his duty:
31 (1) To apply and carry out this law and the rules
32 adopted thereunder.
33 (2) To attend meetings of the Commission.
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1 (3) To establish and maintain a roster of all employees
2 subject to this Act, in which there shall be set forth, as to
3 each employee, the class, title, pay, status, and other
4 pertinent data.
5 (4) To appoint, subject to the provisions of this Act,
6 such employees of the Department and such experts and special
7 assistants as may be necessary to carry out effectively this
8 law.
9 (5) Subject to such exemptions or modifications as may
10 be necessary to assure the continuity of federal
11 contributions in those agencies supported in whole or in part
12 by federal funds, to make appointments to vacancies; to
13 approve all written charges seeking discharge, demotion, or
14 other disciplinary measures provided in this Act and to
15 approve transfers of employees from one geographical area to
16 another in the State, in offices, positions or places of
17 employment covered by this Act, after consultation with the
18 operating unit.
19 (6) To formulate and administer service wide policies
20 and programs for the improvement of employee effectiveness,
21 including training, safety, health, incentive recognition,
22 counseling, welfare and employee relations. The Department
23 shall formulate and administer recruitment plans and testing
24 of potential employees for agencies having direct contact
25 with significant numbers of non-English speaking or otherwise
26 culturally distinct persons. The Department shall require
27 each State agency to annually assess the need for employees
28 with appropriate bilingual capabilities to serve the
29 significant numbers of non-English speaking or culturally
30 distinct persons. The Department shall develop a uniform
31 procedure for assessing an agency's need for employees with
32 appropriate bilingual capabilities. Agencies shall establish
33 occupational titles or designate positions as "bilingual
34 option" for persons having sufficient linguistic ability or
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1 cultural knowledge to be able to render effective service to
2 such persons. The Department shall ensure that any such
3 option is exercised according to the agency's needs
4 assessment and the requirements of this Code. The Department
5 shall make annual reports of the needs assessment of each
6 agency and the number of positions calling for non-English
7 linguistic ability to whom vacancy postings were sent, and
8 the number filled by each agency. Such policies and programs
9 shall be subject to approval by the Governor. Such policies,
10 program reports and needs assessment reports shall be filed
11 with the General Assembly by January 1 of each year and shall
12 be available to the public.
13 The Department shall include within the report required
14 above the number of persons receiving the bilingual pay
15 supplement established by Section 8a.2 of this Code. The
16 report shall provide the number of persons receiving the
17 bilingual pay supplement for languages other than English and
18 for signing. The report shall also indicate the number of
19 persons, by the categories of Hispanic and non-Hispanic, who
20 are receiving the bilingual pay supplement for language
21 skills other than signing, in a language other than English.
22 (7) To conduct negotiations affecting pay, hours of
23 work, or other working conditions of employees subject to
24 this Act.
25 (8) To make continuing studies to improve the efficiency
26 of State services to the residents of Illinois, including but
27 not limited to those who are non-English speaking or
28 culturally distinct, and to report his findings and
29 recommendations to the Commission and the Governor.
30 (9) To investigate from time to time the operation and
31 effect of this law and the rules made thereunder and to
32 report his findings and recommendations to the Commission and
33 to the Governor.
34 (10) To make an annual report regarding the work of the
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1 Department, and such special reports as he may consider
2 desirable, to the Commission and to the Governor, or as the
3 Governor or Commission may request.
4 (11) To conduct research and planning regarding the
5 total manpower needs of all offices, including the Lieutenant
6 Governor, Secretary of State, State Treasurer, State
7 Comptroller, State Superintendent of Education, and Attorney
8 General, and of all departments, agencies, boards, and
9 commissions of the executive branch, except state-supported
10 colleges and universities, and for that purpose to prescribe
11 forms for the reporting of such personnel information as the
12 department may request both for positions covered by this Act
13 and for those exempt in whole or in part.
14 (12) To prepare and publish a semi-annual statement
15 showing the number of employees exempt and non-exempt from
16 merit selection in each department. This report shall be in
17 addition to other information on merit selection maintained
18 for public information under existing law.
19 (13) To authorize in every department or agency subject
20 to Jurisdiction C the use of flexible hours positions. A
21 flexible hours position is one that does not require an
22 ordinary work schedule as determined by the Department and
23 includes but is not limited to: 1) a part time job of 20
24 hours or more per week, 2) a job which is shared by 2
25 employees or a compressed work week consisting of an ordinary
26 number of working hours performed on fewer than the number of
27 days ordinarily required to perform that job. The Department
28 may define flexible time to include other types of jobs that
29 are defined above.
30 The Director and the director of each department or
31 agency shall together establish goals for flexible hours
32 positions to be available in every department or agency.
33 The Department shall give technical assistance to
34 departments and agencies in achieving their goals, and shall
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1 report to the Governor and the General Assembly each year on
2 the progress of each department and agency.
3 When a goal of 10% of the positions in a department or
4 agency being available on a flexible hours basis has been
5 reached, the Department shall evaluate the effectiveness and
6 efficiency of the program and determine whether to expand the
7 number of positions available for flexible hours to 20%.
8 When a goal of 20% of the positions in a department or
9 agency being available on a flexible hours basis has been
10 reached, the Department shall evaluate the effectiveness and
11 efficiency of the program and determine whether to expand the
12 number of positions available for flexible hours.
13 Each department shall develop a plan for implementation
14 of flexible work requirements designed to reduce the need for
15 day care of employees' children outside the home. Each
16 department shall submit a report of its plan to the
17 Department of Central Management Services and the General
18 Assembly. This report shall be submitted biennially by March
19 1, with the first report due March 1, 1993.
20 (14) To perform any other lawful acts which he may
21 consider necessary or desirable to carry out the purposes and
22 provisions of this law.
23 The requirement for reporting to the General Assembly
24 shall be satisfied by filing copies of the report with the
25 Speaker, the Minority Leader and the Clerk of the House of
26 Representatives and the President, the Minority Leader and
27 the Secretary of the Senate and the Legislative Research
28 Agency Unit, as required by Section 3.1 of "An Act to revise
29 the law in relation to the General Assembly", approved
30 February 25, 1874, as amended, and filing such additional
31 copies with the State Government Report Distribution Center
32 for the General Assembly as is required under paragraph (t)
33 of Section 7 of the State Library Act.
34 (Source: P.A. 86-1004; 87-552; 87-1050.)
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1 Section 5-20. The Civil Administrative Code of Illinois
2 is amended by changing Sections 46.4a and 46.44 as follows:
3 (20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
4 Sec. 46.4a. (a) For purposes of this Section, "foreign
5 firm" shall mean any industrial or manufacturing enterprise
6 that is domiciled in a nation other than the United States.
7 "Incentives" shall mean a loan or grant or offering,
8 abatement, reduction or deferral of any tax or regulation
9 imposed by the State of Illinois or unit of local government
10 when the aggregate total of all such incentives will exceed
11 $10,000.
12 (b) Whenever the Department offers incentives to a
13 foreign firm designed to result in the location or relocation
14 of a facility in this State which will result in the creation
15 of more than 25 new jobs, the Department shall prepare an
16 economic impact study prior to the consummation of an
17 agreement with the foreign firm. An economic impact study
18 pursuant to this Section shall, if practical, include but
19 not be limited to the following:
20 (1) an analysis of the number of direct jobs to be
21 created, the number of indirect jobs to be created, and the
22 net gain in employment in relation to jobs to be potentially
23 lost by other similar and competing firms within the industry
24 located within this State;
25 (2) the effect on local and regional competition within
26 the industry from the industry or business to be located or
27 relocated;
28 (3) the degree of economic benefits of awarding the same
29 incentives to similar and existing industries or businesses
30 located within the State;
31 (4) an examination of how the location or relocation of
32 the foreign firm complements existing industries or
33 businesses located within this State; and
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1 (5) the relationship of the fiscal costs to the State or
2 unit of local government resulting from the incentives
3 relative to the fiscal return to the State or units of local
4 government derived from the location or relocation of the
5 firm.
6 (c) A report of any economic impact studies prepared by
7 the Department in the previous 3 months pursuant to this
8 Section shall be transmitted to the Governor, members of the
9 General Assembly and the Legislative Research Agency Illinois
10 Economic and Fiscal Commission quarterly. In addition to the
11 report, the Department shall include a statement of
12 incentives subject to the agreement with the foreign firm,
13 the name and type of foreign firm involved and a description
14 of its business or industrial activity, the proposed location
15 of the foreign firm and a statement describing the rationale
16 for the location relative to other locations within the
17 State. The Legislative Research Agency Illinois Economic and
18 Fiscal Commission shall evaluate each report received from
19 the Department and present the evaluation and report to the
20 Legislative Research Agency Commission members and
21 legislative leaders within thirty days upon receipt of each
22 report from the Department.
23 (Source: P.A. 86-820.)
24 (20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
25 Sec. 46.44. By no later than February 1, 1984, the
26 Department shall prepare an economic development strategy for
27 Illinois for the year beginning on July 1, 1984 and ending on
28 June 30, 1985, and for the four years next ensuing. By no
29 later than February 1, 1985 and annually thereafter, the
30 Department shall make modifications in such economic
31 development strategy for the four years beginning on the next
32 ensuing July 1 as such modifications are warranted by changes
33 in economic conditions, or by other factors including changes
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1 in policy, shall prepare an economic development strategy for
2 the fifth year beginning after the next ensuing July 1. In
3 preparing such strategy and in making modifications to such
4 strategy, the Department shall take cognizance of the special
5 economic attributes of the various component areas of the
6 State.
7 (1) The "component areas" shall be determined by the
8 Department after a county by county economic analysis and
9 shall group counties which are close in geographical
10 proximity and share common economic traits.
11 (2) The strategy shall recommend specific legislative
12 and administrative action at both the State and area level
13 for promoting sustained economic growth at or above national
14 rates of economic growth, while keeping the rate of
15 unemployment below national levels of unemployment.
16 (3) The strategy shall include:
17 (a) an assessment of historical patterns of economic
18 activity for the State as a whole and by area;
19 (b) projections of future economic trends for the State
20 as a whole and by areas; and
21 (c) projections of the State's future educational needs.
22 (4) National economic trends and projections shall be
23 considered in the formulation of such State and area
24 projections. All assumptions made in the formulation of such
25 State and area projections shall be clearly and explicitly
26 set forth.
27 (5) The strategy shall identify, for each area those
28 economic characteristics that most likely will influence
29 whether the area will exceed or fall below the rate of
30 overall State economic growth.
31 (6) The strategy shall recommend legislative action to
32 be taken to foster and promote economic growth in specific
33 areas, taking into account the resources and economic factors
34 indigenous to such areas in preparing the strategy or
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1 modifications thereto, the Department shall consult with
2 State agencies, boards, and commissions whose programs and
3 activities significantly affect economic activity in the
4 State. The heads of such agencies, boards, and commissions
5 shall provide such assistance to the Department as the
6 Governor deems appropriate.
7 (7) The strategy shall be presented to the Governor, the
8 President of the Senate, the Speaker of the House of
9 Representatives, the minority leader of each house of the
10 General Assembly, the chairman of the Commission on
11 Intergovernmental Cooperation, the chairman of the
12 Legislative Research Agency Economic and Fiscal Commission,
13 and the chairman of the Economic Development Commission on
14 February 1, 1984 and annually thereafter.
15 (Source: P.A. 85-439.)
16 Section 5-25. The Illinois Enterprise Zone Act is
17 amended by changing Section 5.5 as follows:
18 (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
19 Sec. 5.5. High Impact Business.
20 (a) In order to respond to unique opportunities to
21 assist in the encouragement, development, growth and
22 expansion of the private sector through large scale
23 investment and development projects, the Department is
24 authorized to receive and approve applications for the
25 designation of "High Impact Businesses" in Illinois subject
26 to the following conditions:
27 (1) such applications may be submitted at any time
28 during the year;
29 (2) such business is not located, at the time of
30 designation, in an enterprise zone designated pursuant to
31 this Act;
32 (3) the business intends to make a minimum
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1 investment of $12,000,000 which will be placed in service
2 in qualified property and intends to create 500 full-time
3 equivalent jobs at a designated location in Illinois or
4 intends to make a minimum investment of $30,000,000 which
5 will be placed in service in qualified property and
6 intends to retain 1,500 full-time jobs at a designated
7 location in Illinois. The business must certify in
8 writing that the investments would not be placed in
9 service in qualified property and the job creation or job
10 retention would not occur without the tax credits and
11 exemptions set forth in subsection (b) of this Section.
12 The terms "placed in service" and "qualified property"
13 have the same meanings as described in subsection (h) of
14 Section 201 of the Illinois Income Tax Act; and
15 (4) no later than 90 days after an application is
16 submitted, the Department shall notify the applicant of
17 the Department's determination of the qualification of
18 the proposed High Impact Business under this Section.
19 (b) Businesses designated as High Impact Businesses
20 pursuant to this Section shall qualify for the credits and
21 exemptions described in the following Acts: Section 9-222 of
22 The Public Utilities Act, subsection (h) of Section 201 of
23 the Illinois Income Tax Act; and, Section 1d of the
24 Retailers' Occupation Tax Act, provided that these credits
25 and exemptions described in these Acts shall not be
26 authorized until the minimum investments set forth in
27 subsection (a) of this Section have been placed in service in
28 qualified properties and, in the case of the exemptions
29 described in the Public Utilities Act and Section 1d of the
30 Retailers' Occupation Tax Act, the minimum full-time
31 equivalent jobs or full-time jobs set forth in subsection (a)
32 of this Section have been created or retained. Businesses
33 designated as High Impact Businesses under this Section shall
34 also qualify for the exemption described in Section 5l of the
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1 Retailers' Occupation Tax Act. The credit provided in
2 subsection (h) of Section 201 of the Illinois Income Tax Act
3 shall be applicable to investments in qualified property as
4 set forth in subsection (a) of this Section.
5 (c) High Impact Businesses located in federally
6 designated foreign trade zones or sub-zones are also eligible
7 for additional credits, exemptions and deductions as
8 described in the following Acts: Section 9-221 of the Public
9 Utilities Act; and subsection (g) of Section 201, and Section
10 203 of the Illinois Income Tax Act.
11 (d) Existing Illinois businesses which apply for
12 designation as a High Impact Business must provide the
13 Department with the prospective plan for which 1,500
14 full-time jobs would be eliminated in the event that the
15 business is not designated.
16 (e) New proposed facilities which apply for designation
17 as High Impact Business must provide the Department with
18 proof of alternative non-Illinois sites which would receive
19 the proposed investment and job creation in the event that
20 the business is not designated as a High Impact Business.
21 (f) In the event that a business is designated a High
22 Impact Business and it is later determined after reasonable
23 notice and an opportunity for a hearing as provided under The
24 Illinois Administrative Procedure Act, that the business
25 would have placed in service in qualified property the
26 investments and created or retained the requisite number of
27 jobs without the benefits of the High Impact Business
28 designation, the Department shall be required to immediately
29 revoke the designation and notify the Director of the
30 Department of Revenue who shall begin proceedings to recover
31 all wrongfully exempted State taxes with interest. The
32 business shall also be ineligible for all State funded
33 Department programs for a period of 10 years.
34 (g) The Department shall revoke a High Impact Business
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1 designation if the participating business fails to comply
2 with the terms and conditions of the designation.
3 (h) Prior to designating a business, the Department
4 shall provide the members of the General Assembly and
5 Legislative Research Agency Illinois Economic and Fiscal
6 Commission with a report setting forth the terms and
7 conditions of the designation and guarantees that have been
8 received by the Department in relation to the proposed
9 business being designated.
10 (Source: P.A. 89-89, eff. 6-30-95.)
11 Section 5-30. The Civil Administrative Code of Illinois
12 is amended by changing Section 39b51 as follows:
13 (20 ILCS 2505/39b51)
14 Sec. 39b51. Jobs Impact Committee and report. With
15 respect to the credits provided for by Sections 209 and 210
16 of the Illinois Income Tax Act, Section 3-50 of the Use Tax
17 Act, Section 2 of the Service Use Tax Act, Section 2 of the
18 Service Occupation Tax Act, and Section 2-45 of the
19 Retailers' Occupation Tax Act, there is hereby created a Jobs
20 Impact Committee which shall consist of the Director of the
21 Department of Revenue or such person or persons as he may
22 designate, and such representative or representatives as
23 shall be designated to serve on the Committee by the
24 Department of Commerce and Community Affairs, the Bureau of
25 the Budget, and the Legislative Research Agency Economic and
26 Fiscal Commission. The Committee, so assembled, shall invite
27 and appoint 2 members of the businesses that are eligible for
28 the credits provided by those Sections. The Committee shall
29 study the use and effectiveness of these credits with regard
30 to job creation relative to the revenue loss to the State
31 from the provision of these credits. The Director of the
32 Department of Revenue shall, on behalf of the Committee,
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1 submit the Committee's report to the General Assembly on or
2 before June 30, 1998.
3 (Source: P.A. 90-552, eff. 12-12-97.)
4 Section 5-35. The Bureau of the Budget Act is amended by
5 changing Sections 2.6 and 5.1 as follows:
6 (20 ILCS 3005/2.6) (from Ch. 127, par. 412.6)
7 Sec. 2.6. To provide bond indentures to the Legislative
8 Research Agency Illinois Economic and Fiscal Commission no
9 later than 7 calendar days following the sale or issuance of
10 any bonds.
11 (Source: P.A. 81-1094.)
12 (20 ILCS 3005/5.1) (from Ch. 127, par. 415)
13 Sec. 5.1. Under such regulations as the Governor may
14 prescribe, every State agency, other than State colleges and
15 universities, agencies of legislative and judicial branches
16 of State government, and elected State executive officers not
17 including the Governor, shall file with the Legislative
18 Research Agency Illinois Commission on Intergovernmental
19 Cooperation all applications for federal grants, contracts
20 and agreements. The Legislative Research Agency Commission on
21 Intergovernmental Cooperation shall immediately forward all
22 such materials to the Bureau for the Bureau's approval. Any
23 application for federal funds which has not received Bureau
24 approval shall be considered void and any funds received as a
25 result of such application shall be returned to the federal
26 government before they are spent. Each State agency subject
27 to this Section shall, at least 45 days before submitting its
28 application to the federal agency, report in detail to the
29 Legislative Research Agency Commission on Intergovernmental
30 Cooperation what the grant is intended to accomplish and the
31 specific plans for spending the federal dollars received
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1 pursuant to the grant. The Legislative Research Agency
2 Commission on Intergovernmental Cooperation shall immediately
3 forward such materials to the Bureau. The Bureau may approve
4 the submission of an application to the federal agency in
5 less than 45 days after its receipt by the Bureau when the
6 Bureau determines that the circumstances require an expedited
7 application. Such reports of applications and plans of
8 expenditure shall include but shall not be limited to:
9 (1) an estimate of both the direct and indirect costs in
10 non-federal revenues of participation in the federal program;
11 (2) the probable length of duration of the program, a
12 schedule of fund receipts and an estimate of the cost to the
13 State of maintaining the program if and when the federal
14 financial assistance or grant is terminated;
15 (3) a list of State or local agencies utilizing the
16 financial assistance as direct recipients or subgrantees;
17 (4) a description of each program proposed to be funded
18 by the financial assistance or grant; and
19 (5) a description of any financial, program or planning
20 commitment on the part of the State required by the federal
21 government as a requirement for receipt of the financial
22 assistance or grant.
23 All State agencies subject to this Section shall
24 immediately file with the Legislative Research Agency
25 Illinois Commission on Intergovernmental Cooperation, any
26 awards of federal funds and any and all changes in the
27 programs, in awards, in program duration, in schedule of fund
28 receipts, and in estimated costs to the State of maintaining
29 the program if and when federal assistance is terminated, or
30 in direct and indirect costs, of any grant under which they
31 are or expect to be receiving federal funds. The Legislative
32 Research Agency Commission on Intergovernmental Cooperation
33 shall immediately forward such materials to the Bureau.
34 The Bureau in cooperation with the Legislative Research
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1 Agency Commission on Intergovernmental Cooperation shall
2 develop standard forms and a system of identifying numbers
3 for the applications and reports required by this Section.
4 Upon receipt from the State agencies of each application and
5 report, the Legislative Research Agency Commission shall
6 promptly designate the appropriate identifying number
7 therefor and communicate such number to the respective State
8 agency, the Comptroller and the Bureau.
9 Each State agency subject to this Section shall include
10 in each report to the Comptroller of the receipt of federal
11 funds the identifying number applicable to the grant under
12 which such funds are received.
13 (Source: P.A. 87-961.)
14 Section 5-40. The Illinois Capital Budget Act is amended
15 by changing Sections 3 and 6 as follows:
16 (20 ILCS 3010/3) (from Ch. 127, par. 3103)
17 Sec. 3. Each capital improvement program shall include,
18 but not be limited to, roads, bridges, buildings, including
19 schools, prisons, recreational facilities and conservation
20 areas, and other infrastructure facilities that are owned by
21 the State of Illinois.
22 Each capital improvement program shall include needs
23 assessment of State's capital facilities. Each needs
24 assessment shall include where possible the inventory, age,
25 condition, use, sources of financing, past investment,
26 maintenance history, trends in condition, financing and
27 investment, and projected dollar amount of need in the next 5
28 years, ten years, and until the year 2000. Needs assessment
29 of State facilities shall use to the fullest extent possible,
30 existing studies and data from other agencies such as the
31 Illinois Department of Transportation, the Illinois
32 Environmental Protection Agency, the Legislative Research
-32- LRB9010542JMdv
1 Agency Illinois Economic and Fiscal Commission, Capital
2 Development Board, the Governor's Task Force on the Future of
3 Illinois, and relevant federal agencies, so that studies can
4 be completed as efficiently as possible, and so information
5 on needs can be used to seek federal funds as soon as
6 possible.
7 Each capital improvement program shall include an
8 identification and analysis of factors that affect estimated
9 capital investment needs, including but not limited to,
10 economic assumptions, engineering standards, estimates of
11 spending for operations and maintenance, federal and State
12 regulations, and estimation of demand for services.
13 Each capital improvement program shall include an
14 identification and analysis of the principle policy issues
15 that affect estimated capital investment needs, including but
16 not limited to, economic development policy, equity
17 considerations, policies regarding alternative technologies,
18 political jurisdiction over different infrastructure systems,
19 and the role of the private sector in planning for and
20 investing in infrastructure.
21 (Source: P.A. 84-838.)
22 (20 ILCS 3010/6) (from Ch. 127, par. 3106)
23 Sec. 6. The Bureau of the Budget shall prepare and
24 submit an assessment of the State's capital project needs to
25 the following: the Speaker and Minority Leader of the House
26 of Representatives, the President and Minority Leader of the
27 Senate and the Legislative Research Agency Illinois Economic
28 and Fiscal Commission. The assessment shall be included in
29 the Governor's annual State budget and shall discuss the
30 State's needs in the next fiscal year and in the next 5
31 fiscal years.
32 (Source: P.A. 86-192.)
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1 Section 5-45. The Asbestos Abatement Finance Act is
2 amended by changing Section 10 as follows:
3 (20 ILCS 3510/10) (from Ch. 111 1/2, par. 8110)
4 Sec. 10. Authority records and reports. The accounts and
5 books of the Authority in connection with this Act shall be
6 set up on and maintained in a manner approved by the Auditor
7 General, and the Authority shall file with the Auditor
8 General a certified annual report of its acts and doings
9 under this Act within 120 days after the close of its fiscal
10 year. The Authority shall also file with the Governor, the
11 Secretary of the Senate, the Clerk of the House of
12 Representatives, and the Legislative Research Agency Illinois
13 Economic and Fiscal Commission, by March 1 of each year,
14 commencing March 1, 1990, a written report covering its
15 activities under this Act for the previous fiscal year. After
16 such filing, such report shall be a public record and open
17 for inspection at the offices of the Authority during normal
18 business hours.
19 (Source: P.A. 86-976.)
20 Section 5-50. The Illinois Environmental Facilities
21 Financing Act is amended by changing Section 7 as follows:
22 (20 ILCS 3515/7) (from Ch. 127, par. 727)
23 Sec. 7. Powers. In addition to the powers otherwise
24 authorized by law, for the purposes of this Act, the State
25 authority shall have the following powers together with all
26 powers incidental thereto or necessary for the performance
27 thereof:
28 (1) to have perpetual succession as a body politic and
29 corporate;
30 (2) to adopt bylaws for the regulation of its affairs
31 and the conduct of its business;
-34- LRB9010542JMdv
1 (3) to sue and be sued and to prosecute and defend
2 actions in the courts;
3 (4) to have and to use a corporate seal and to alter the
4 same at pleasure;
5 (5) to maintain an office at such place or places as it
6 may designate;
7 (6) to determine the location, pursuant to the
8 Environmental Protection Act, and the manner of construction
9 of any environmental or hazardous waste treatment facility to
10 be financed under this Act and to acquire, construct,
11 reconstruct, repair, alter, improve, extend, own, finance,
12 lease, sell and otherwise dispose of the facility, to enter
13 into contracts for any and all of such purposes, to designate
14 a person as its agent to determine the location and manner of
15 construction of an environmental or hazardous waste treatment
16 facility undertaken by such person under the provisions of
17 this Act and as agent of the authority to acquire, construct,
18 reconstruct, repair, alter, improve, extend, own, lease, sell
19 and otherwise dispose of the facility, and to enter into
20 contracts for any and all of such purposes;
21 (7) to finance and to lease or sell to a person any or
22 all of the environmental or hazardous waste treatment
23 facilities upon such terms and conditions as the directing
24 body considers proper, and to charge and collect rent or
25 other payments therefor and to terminate any such lease or
26 sales agreement or financing agreement upon the failure of
27 the lessee, purchaser or debtor to comply with any of the
28 obligations thereof; and to include in any such lease or
29 other agreement, if desired, provisions that the lessee,
30 purchaser or debtor thereunder shall have options to renew
31 the term of the lease, sales or other agreement for such
32 period or periods and at such rent or other consideration as
33 shall be determined by the directing body or to purchase any
34 or all of the environmental or hazardous waste treatment
-35- LRB9010542JMdv
1 facilities for a nominal amount or otherwise or that at or
2 prior to the payment of all of the indebtedness incurred by
3 the authority for the financing of such environmental or
4 hazardous waste treatment facilities the authority may convey
5 any or all of the environmental or hazardous waste treatment
6 facilities to the lessee or purchaser thereof with or without
7 consideration;
8 (8) to issue bonds for any of its corporate purposes,
9 including a bond issuance for the purpose of financing a
10 group of projects involving environmental facilities, and to
11 refund those bonds, all as provided for in this Act and
12 subject to Section 13 of this Act;
13 (9) generally to fix and revise from time to time and
14 charge and collect rates, rents, fees and charges for the use
15 of and services furnished or to be furnished by any
16 environmental or hazardous waste treatment facility or any
17 portion thereof and to contract with any person, firm or
18 corporation or other body public or private in respect
19 thereof;
20 (10) to employ consulting engineers, architects,
21 attorneys, accountants, construction and financial experts,
22 superintendents, managers and such other employees and agents
23 as may be necessary in its judgment and to fix their
24 compensation;
25 (11) to receive and accept from any public agency loans
26 or grants for or in aid of the construction of any
27 environmental facility and any portion thereof, or for
28 equipping the facility, and to receive and accept grants,
29 gifts or other contributions from any source;
30 (12) to refund outstanding obligations incurred by any
31 person to finance the cost of an environmental or hazardous
32 waste treatment facility including obligations incurred for
33 environmental or hazardous waste treatment facilities
34 undertaken and completed prior to or after the enactment of
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1 this Act when the authority finds that such financing is in
2 the public interest;
3 (13) to prohibit the financing of environmental
4 facilities for new coal-fired electric steam generating
5 plants and new coal-fired industrial boilers which do not use
6 Illinois coal as the primary source of fuel;
7 (14) to set and impose appropriate financial penalties
8 on any person who receives financing from the State authority
9 based on a commitment to use Illinois coal as the primary
10 source of fuel at a new coal-fired electric utility steam
11 generating plant or new coal-fired industrial boiler and
12 later uses non-Illinois coal as the primary source of fuel;
13 (15) to fix, determine, charge and collect any premiums,
14 fees, charges, costs and expenses, including, without
15 limitation, any application fees, program fees, commitment
16 fees, financing charges or publication fees in connection
17 with its activities under this Act; all expenses of the State
18 authority incurred in carrying out this Act are payable
19 solely from funds provided under the authority of this Act
20 and no liability shall be incurred by any authority beyond
21 the extent to which moneys are provided under this Act. All
22 fees and moneys accumulated by the Authority as provided in
23 this Act or the Illinois Development Finance Authority Act
24 shall be held outside of the State treasury and in the
25 custody of the Treasurer of the Authority; and
26 (16) to do all things necessary and convenient to carry
27 out the purposes of this Act.
28 The State authority may not operate any environmental or
29 hazardous waste treatment facility as a business except for
30 the purpose of protecting or maintaining such facility as
31 security for bonds of the State authority. No environmental
32 or hazardous waste treatment facilities completed prior to
33 January 1, 1970 may be financed by the State authority under
34 this Act, but additions and improvements to such
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1 environmental or hazardous waste treatment facilities which
2 are commenced subsequent to January 1, 1970 may be financed
3 by the State authority. Any lease, sales agreement or other
4 financing agreement in connection with an environmental or
5 hazardous waste treatment facility entered into pursuant to
6 this Act must be for a term not shorter than the longest
7 maturity of any bonds issued to finance such environmental or
8 hazardous waste treatment facility or a portion thereof and
9 must provide for rentals or other payments adequate to pay
10 the principal of and interest and premiums, if any, on such
11 bonds as the same fall due and to create and maintain such
12 reserves and accounts for depreciation, if any, as the
13 directing body determines to be necessary.
14 The Authority shall give priority to providing financing
15 for the establishment of hazardous waste treatment facilities
16 necessary to achieve the goals of Section 22.6 of the
17 Environmental Protection Act.
18 The Authority shall give special consideration to small
19 businesses in authorizing the issuance of bonds for the
20 financing of environmental facilities pursuant to subsection
21 (c) of Section 2.
22 The Authority shall make a financial report on all
23 projects financed under this Section to the General Assembly,
24 to the Governor, and to the Legislative Research Agency
25 Illinois Economic and Fiscal Commission by April 1 of each
26 year. Such report shall be a public record and open for
27 inspection at the offices of the Authority during normal
28 business hours. The report shall include: (a) all
29 applications for loans and other financial assistance
30 presented to the members of the Authority during such fiscal
31 year, (b) all projects and owners thereof which have received
32 any form of financial assistance from the Authority during
33 such year, (c) the nature and amount of all such assistance,
34 and (d) projected activities of the Authority for the next
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1 fiscal year, including projection of the total amount of
2 loans and other financial assistance anticipated and the
3 amount of revenue bonds or other evidences of indebtedness
4 that will be necessary to provide the projected level of
5 assistance during the next fiscal year.
6 The requirement for reporting to the General Assembly
7 shall be satisfied by filing copies of the report with the
8 Speaker, the Minority Leader and the Clerk of the House of
9 Representatives and the President, the Minority Leader and
10 the Secretary of the Senate and the Legislative Research
11 Agency Unit, as required by Section 3.1 of "An Act to revise
12 the law in relation to the General Assembly", approved
13 February 25, 1874, as amended, and filing such additional
14 copies with the State Government Report Distribution Center
15 for the General Assembly as is required under paragraph (t)
16 of Section 7 of the State Library Act.
17 (Source: P.A. 88-519.)
18 Section 5-55. The Illinois Farm Development Act is
19 amended by changing Section 5 as follows:
20 (20 ILCS 3605/5) (from Ch. 5, par. 1205)
21 Sec. 5. The Board shall annually elect, from its
22 membership, a chairman, vice-chairman, a treasurer, and a
23 secretary. The secretary shall be the keeper of the minutes,
24 books, records, files and seal of the Authority. The
25 treasurer of the Authority shall be custodian of all
26 Authority funds, and shall be bonded in such amount as the
27 other members of the Authority may designate. The accounts
28 and books of the Authority shall be set up and maintained in
29 a manner approved by the Auditor General, and the Authority
30 shall file with the Auditor General a certified annual report
31 within 120 days after the close of its fiscal year. The
32 Authority shall also file with the State Treasurer, the
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1 Secretary of the Senate, the Clerk of the House of
2 Representatives and the Legislative Research Agency Illinois
3 Economic and Fiscal Commission, by March 1 of each year, a
4 written report covering its activities for the previous
5 calendar year and, when so filed, such report shall be a
6 public record and open for inspection at the offices of the
7 Authority during normal business hours. The report shall
8 include a complete list of (a) all applications for mortgage
9 loans and other financial assistance presented to the
10 Authority during such calendar year, (b) all persons which
11 have received any form of financial assistance from the
12 Authority during such calendar year, (c) the nature and
13 amount of all such financial assistance, and (d) projected
14 activities of the Authority for the next calendar year,
15 including a projection of the total amount of mortgage loans
16 and other financial assistance anticipated and the amount of
17 revenue bonds or other evidences of indebtedness that will be
18 necessary to provide the projected level of assistance during
19 the next calendar year.
20 As soon as may be practicable after creation of the
21 Authority, the Board shall hold a meeting at which meeting
22 elective officers of the Board shall be elected, by-laws
23 adopted, and a schedule of regular meetings adopted.
24 The by-laws and schedule may be amended from time to time
25 at the will of the Board. Special meetings of the Board may
26 be called by the chairmen or any two members, and notice of
27 special meetings shall be given to members of the Board as
28 provided in the by-laws and otherwise as provided by law.
29 Members may waive notice and do so without further action by
30 being present at any meeting. Meetings of the Board shall be
31 subject to the acts of the General Assembly as generally
32 provide for meetings of public bodies to be open to the
33 public.
34 Initial operating staff and expenses of the Authority
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1 shall be provided by the State Treasurer from appropriations
2 lawfully made by the General Assembly. As soon as may be
3 practicable, the Board shall provide for its expenses and
4 payment of employees, including salaries and contractual
5 agreements, from its operations by such charges and fees or
6 from the proceeds of Bonds as it may decide or from
7 investment earnings from special funds which the Authority is
8 empowered to use and at such time, if practicable, shall
9 reimburse the State Treasurer for prior costs and payments.
10 (Source: P.A. 89-154, eff. 7-19-95.)
11 Section 5-60. The Illinois Health Facilities Authority
12 Act is amended by changing Section 20 as follows:
13 (20 ILCS 3705/20) (from Ch. 111 1/2, par. 1120)
14 Sec. 20. The Authority shall keep an accurate account of
15 all its activities and of all its receipts and expenditures
16 and shall annually in the month of January make a report
17 thereof to its members, to the Governor, the State
18 Comptroller, to the Clerk of the House of Representatives, to
19 the Secretary of the Senate, and the Legislative Research
20 Agency Illinois Economic and Fiscal Commission. Such report
21 shall be a public record and open for inspection at the
22 offices of the Authority during normal business hours. The
23 report shall include: (a) all applications for mortgages,
24 loans and other financial assistance presented to the members
25 of the Authority during such fiscal year, (b) all projects
26 and owners thereof which have received any form of financial
27 assistance from the Authority during such year, (c) the
28 nature and amount of all such assistance, and (d) projected
29 activities of the Authority for the next fiscal year,
30 including projection of the total amount of mortgage and
31 other financial assistance anticipated and the amount of
32 revenue bonds or other evidences of indebtedness that will be
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1 necessary to provide the projected level of assistance during
2 the next fiscal year. The Auditor General of the State of
3 Illinois may, according to the provisions of the Illinois
4 State Auditing Act, investigate the affairs of the Authority,
5 may examine the properties and records of the Authority, and
6 may prescribe methods of accounting and the rendering of
7 periodical reports in relation to projects undertaken by the
8 Authority.
9 (Source: P.A. 81-660.)
10 Section 5-65. The Illinois Housing Development Act is
11 amended by changing Section 5 as follows:
12 (20 ILCS 3805/5) (from Ch. 67 1/2, par. 305)
13 Sec. 5. The Governor shall designate the Chairman, from
14 time to time, and the Authority shall annually elect from its
15 membership a vice chairman a treasurer, and a secretary. The
16 Chairman shall be the chief executive officer of the
17 Authority. The secretary shall keep a record of the
18 proceedings of the Authority. The treasurer of the Authority
19 shall be custodian of all Authority funds, and shall be
20 bonded in such amount as the other members of the Authority
21 may designate. The accounts and books of the Authority shall
22 be set up and maintained in a manner approved by the Auditor
23 General, and the Authority shall file with the Auditor
24 General a certified annual report within 120 days after the
25 close of its fiscal year. The Authority shall also file with
26 the Governor, the Secretary of the Senate, the Clerk of the
27 House of Representatives and the Legislative Research Agency
28 Illinois Economic and Fiscal Commission, by March 1 of each
29 year, a written report covering its activities, and any
30 activities of any instrumentality corporation established
31 pursuant to this Act, for the previous fiscal year and, when
32 so filed, such report shall be a public record and open for
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1 inspection at the offices of the Authority during normal
2 business hours. The report shall include a complete list of
3 (a) all applications for mortgage loans and other financial
4 assistance regarding developments of more than four living
5 units presented to the members of the Authority during such
6 fiscal year, (b) all developments and housing related
7 commercial facilities and the owners thereof which have
8 received any form of financial assistance from the Authority
9 during such fiscal year, (c) the nature and amount of all
10 such financial assistance, (d) the dwelling unit distribution
11 and estimated rent structure for each development financed by
12 the Authority during such fiscal year, (e) projected
13 activities of the Authority for the next fiscal year,
14 including a projection of the total amount of mortgages and
15 other financial assistance anticipated and the amount of
16 revenue bonds or other evidences of indebtedness that will be
17 necessary to provide the projected level of assistance during
18 the next fiscal year, and (f) activities related to
19 allocation of low-income housing credits.
20 (Source: P.A. 85-612.)
21 Section 5-70. The Illinois Research Park Authority Act
22 is amended by changing Section 1-120 as follows:
23 (20 ILCS 3850/1-120)
24 Sec. 1-120. Annual report. The Authority shall keep an
25 accurate account of all its activities and of all its
26 receipts and expenditures and shall annually, in the month of
27 January, make a report thereof to its members, the Governor,
28 the State Comptroller, the Clerk of the House of
29 Representatives, the Secretary of the Senate, and the
30 Legislative Research Agency Illinois Economic and Fiscal
31 Commission. The report shall be a public record and open for
32 inspection at the offices of the Authority during normal
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1 business hours. The report shall include: (i) all
2 applications for financial assistance presented to the
3 Authority during the fiscal year, (ii) all projects and
4 owners thereof who have received any form of financial
5 assistance from the Authority during the year, (iii) the
6 nature and amount of all assistance, and (iv) projected
7 activities of the Authority for the next fiscal year,
8 including projection of the total amount of other financial
9 assistance anticipated and the amount of bonds or other
10 evidences of indebtedness that will be necessary to provide
11 the projected level of assistance during the next fiscal
12 year. The Auditor General of the State of Illinois may,
13 according to the provisions of the Illinois State Auditing
14 Act, investigate the affairs of the Authority, may examine
15 the properties and records of the Authority, and may
16 prescribe methods of accounting and the rendering of periodic
17 reports in relation to projects undertaken by the Authority.
18 (Source: P.A. 88-669, eff. 11-29-94.)
19 Section 5-75. The General Assembly Organization Act is
20 amended by changing Section 3.1 as follows:
21 (25 ILCS 5/3.1) (from Ch. 63, par. 3.1)
22 Sec. 3.1. Whenever any law or resolution requires a
23 report to the General Assembly, that reporting requirement
24 shall be satisfied by filing one copy of the report with each
25 of the following: the Speaker, the Minority Leader and the
26 Clerk of the House of Representatives and the President, the
27 Minority Leader and the Secretary of the Senate and the
28 Legislative Research Agency Unit. Additional copies shall be
29 filed with the State Government Report Distribution Center
30 for the General Assembly as required under paragraph (t) of
31 Section 7 of the State Library Act.
32 (Source: P.A. 83-1257.)
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1 Section 5-80. The State Debt Impact Note Act is amended
2 by changing Sections 3, 5, and 7 as follows:
3 (25 ILCS 65/3) (from Ch. 63, par. 42.73)
4 Sec. 3. The Legislative Research Agency Illinois
5 Economic and Fiscal Commission shall prepare a written State
6 Debt Impact Note in relation to any bill introduced in either
7 house of the General Assembly which proposes to increase or
8 add new long term debt authorization or would require,
9 through appropriation, the use of bond financed funds. Upon
10 the assignment of any such bill to Committee, the chairperson
11 of the Committee on Assignments in the House of
12 Representatives or the chairperson of the Committee on
13 Assignment of Bills in the Senate shall forward the bill to
14 the Legislative Research Agency Illinois Economic and Fiscal
15 Commission which shall prepare such a note within 7 calendar
16 days after receiving the request and the bill shall be held
17 on second reading until the note has been received, except
18 that whenever, because of the complexity of the measure,
19 additional time is required for preparation of the note, the
20 Legislative Research Agency Commission may so inform the
21 sponsor of the bill, who may approve an extension of the time
22 within which the note is to be furnished for an additional 7
23 calendar days. Copies of each State Debt Impact Note shall
24 be furnished by the Legislative Research Agency Commission to
25 the presiding officer of each house, the minority leader of
26 each house, the Clerk of the House of Representatives, the
27 Secretary of the Senate, the sponsor of the bill which is the
28 subject of the note, the member, if any, who initiated the
29 request for the note, the Chairperson and Minority
30 Spokespersons of the House and Senate Appropriations and
31 Revenue Committees.
32 (Source: P.A. 81-615.)
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1 (25 ILCS 65/5) (from Ch. 63, par. 42.75)
2 Sec. 5. The Legislative Research Agency Illinois
3 Economic and Fiscal Commission may include in any State Debt
4 Impact Note any comment or opinion which it deems appropriate
5 with regard to the fiscal and financial impact of the measure
6 for which the note is prepared.
7 (Source: P.A. 81-615.)
8 (25 ILCS 65/7) (from Ch. 63, par. 42.77)
9 Sec. 7. Whenever any committee of either house reports
10 any bill which is required by this Act to have a long-term
11 debt note with an amendment or whenever any bill is amended
12 on the floor of either house in such manner as to
13 substantially affect the impact of the bill on the State's
14 debt service capacity, the Legislative Research Agency
15 Illinois Economic and Fiscal Commission shall upon request by
16 any member of the house by which the bill is being considered
17 prepare a new or revised State Debt Impact Note in relation
18 to the amended bill. Copies of each new or revised State
19 Debt Impact Note shall be furnished to the persons named in
20 Section 2.
21 Whenever any member of either House is of the opinion
22 that a State Debt Impact Note should be prepared on any bill
23 and such note has not been requested, the member may at any
24 time before the bill is moved to third reading request that
25 such a note be obtained, in which case the bill shall be
26 submitted to the Legislative Research Agency Economic and
27 Fiscal Commission for preparation of the note. If the
28 sponsor is of the opinion that a long-term debt note is not
29 required, the matter shall be decided by majority vote of
30 those present and voting in the House of which he is a
31 member.
32 (Source: P.A. 81-615.)
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1 Section 5-85. The State Debt Impact Note Act is amended
2 by changing the title of the Act as follows:
3 (25 ILCS 65/Act title)
4 An Act in relation to the providing of information on the
5 State's long-term debt service requirements and to amend in
6 connection therewith Section 3 of "An Act assigning economic
7 and fiscal research duties to the Legislative Research Agency
8 creating the Illinois Economic and Fiscal Commission,
9 defining its powers and duties, making an appropriation
10 therefor, repealing an Act therein named, and providing for
11 the transfer of appropriations in connection therewith",
12 approved July 13, 1972, as amended.
13 Section 5-90. The Reports to Legislative Research Unit
14 Act is amended by changing Sections 0.01 and 1 as follows:
15 (25 ILCS 110/0.01) (from Ch. 63, par. 1050)
16 Sec. 0.01. Short title. This Act may be cited as the
17 Reports to Legislative Research Agency Unit Act.
18 (Source: P.A. 86-1324.)
19 (25 ILCS 110/1) (from Ch. 63, par. 1051)
20 Sec. 1. Reporting Appointments to Legislative Research
21 Agency Unit.
22 (a) As used in this Act, "separate or interagency board
23 or commission" includes any body in the legislative,
24 executive, or judicial branch of State government that
25 contains any members other than those serving in a single
26 State agency, and that is charged with policy-making or
27 licensing functions or with making recommendations regarding
28 such functions to any authority in State government. The
29 term also includes any body, regardless of its level of
30 government, to which any constitutional officer in the
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1 executive branch of State government makes an appointment.
2 The term does not include any body whose members are elected
3 by vote of the electors.
4 (b) Within 30 days after the effective date of this Act,
5 or within 30 days after the creation of any separate or
6 interagency board or commission, whichever is later, each
7 appointing authority for that board or commission shall make
8 an initial report in writing to the Legislative Research
9 Agency Unit. Each initial report shall contain the following
10 information:
11 (1) The name of the board or commission, and a complete
12 citation or copy of the statute, order, or other document
13 creating it.
14 (2) An address and telephone number, if any, that can be
15 used to communicate with the board or commission.
16 (3) For each person appointed by that appointing
17 authority to the board or commission whose latest term has
18 not expired: the name, mailing address, residence address,
19 Representative District of residence, date of appointment,
20 and expected expiration of latest term. At the request of
21 the appointee, the report may in lieu of the appointee's
22 residence address list the municipality, if any, and county
23 in which the appointee resides. If an appointment requires
24 confirmation, the report shall state the fact, and the
25 appointing authority shall report the confirmation as a
26 report of change under subsection (c). If the statute,
27 order, or other document creating the board or commission
28 imposes any qualification or background requirement on some
29 but not all members of the board or commission, the report
30 shall state which of such requirements each person appointed
31 fulfills.
32 (c) Each appointing authority for a separate or
33 interagency board or commission, within 15 days after any
34 change in the information required by subsection (b) to be
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1 reported that concerns an appointee of that authority, shall
2 report the change in writing to the Legislative Research
3 Agency Unit. Any such report concerning a new appointment
4 shall list the name of the previous appointee, if any, who
5 the new appointee replaces.
6 (Source: P.A. 86-591.)
7 Section 5-95. The Space Needs Act is amended by changing
8 Section 3.07 as follows:
9 (25 ILCS 125/3.07) (from Ch. 63, par. 223.07)
10 Sec. 3.07. To report to the General Assembly, by
11 February 1 of each regular session, the progress made since
12 the making of the last report in providing facilities
13 adequate for the needs of the legislative branch. Such a
14 report shall include a summary of the findings of the
15 Commission respecting the space needs of the legislative
16 branch, of the construction, remodeling or refurbishing done
17 to meet those needs, and of the Commission's recommendations
18 of further action necessary or desirable to meet those needs
19 and may include drafts of suggested legislation appropriate
20 for those purposes.
21 The requirement for reporting to the General Assembly
22 shall be satisfied by filing copies of the report with the
23 Speaker, the Minority Leader and the Clerk of the House of
24 Representatives and the President, the Minority Leader and
25 the Secretary of the Senate and the Legislative Research
26 Agency Unit, as required by Section 3.1 of "An Act to revise
27 the law in relation to the General Assembly", approved
28 February 25, 1874, as amended, and filing such additional
29 copies with the State Government Report Distribution Center
30 for the General Assembly as is required under paragraph (t)
31 of Section 7 of the State Library Act.
32 (Source: P.A. 84-1438.)
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1 Section 5-100. The Legislative Commission Reorganization
2 Act of 1984 is amended by changing Sections 1-3, 1-4, 3A-1,
3 4-2, 4-3, 4-4, 4-7, 4-9, 10-2, 10-3, 10-4, 10-5, 10-6, and
4 11A-2 and adding Section 3-5 as follows:
5 (25 ILCS 130/1-3) (from Ch. 63, par. 1001-3)
6 Sec. 1-3. Legislative support services agencies. The
7 Joint Committee on Legislative Support Services is
8 responsible for establishing general policy and coordinating
9 activities among the legislative support services agencies.
10 The legislative support services agencies include the
11 following:
12 (1) Joint Committee on Administrative Rules;
13 (2) Legislative Research Agency Illinois Economic and
14 Fiscal Commission;
15 (3) (Blank) Illinois Commission on Intergovernmental
16 Cooperation;
17 (4) Legislative Information System;
18 (5) Legislative Reference Bureau;
19 (6) Legislative Audit Commission;
20 (7) Space Needs Commission;
21 (8) Legislative Printing Unit;
22 (9) (Blank) Legislative Research Unit;
23 (10) Citizens Assembly; and
24 (11) Pension Laws Commission.
25 (Source: P.A. 89-113, eff. 7-7-95.)
26 (25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
27 Sec. 1-4. In addition to its general policy making and
28 coordinating responsibilities for the legislative support
29 services agencies, the Joint Committee on Legislative Support
30 Services shall have the following powers and duties with
31 respect to such agencies:
32 (1) To approve the executive director pursuant to
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1 Section 1-5(e);
2 (2) To establish uniform hiring practices and personnel
3 procedures, including affirmative action, to assure equality
4 of employment opportunity;
5 (3) To establish uniform contract procedures, including
6 affirmative action, to assure equality in the awarding of
7 contracts, and to maintain a list of all contracts entered
8 into;
9 (4) To establish uniform travel regulations and approve
10 all travel outside the State of Illinois;
11 (5) To coordinate all leases and rental of real
12 property;
13 (6) Except as otherwise expressly provided by law, to
14 coordinate and serve as the agency authorized to assign
15 studies to be performed by any legislative support services
16 agency. Any study requested by resolution or joint resolution
17 of either house of the General Assembly shall be subject to
18 the powers of the Joint Committee to allocate resources
19 available to the General Assembly hereunder; provided,
20 however, that nothing herein shall be construed to preclude
21 the participation by public members in such studies or
22 prohibit their reimbursement for reasonable and necessary
23 expenses in connection therewith;
24 (7) To make recommendations to the General Assembly
25 regarding the continuance of the various committees, boards
26 and commissions that are the subject of the statutory
27 provisions repealed March 31, 1985, under Article 11 of this
28 Act;
29 (8) To assist the Auditor General as necessary to assure
30 the orderly and efficient termination of the various
31 committees, boards and commissions that are subject to
32 Article 12 of this Act;
33 (9) To consider and make recommendations to the General
34 Assembly regarding further reorganization of the legislative
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1 support services agencies, and other legislative committees,
2 boards and commissions, as it may from time to time determine
3 to be necessary;
4 (10) To consider and recommend a comprehensive
5 transition plan for the legislative support services
6 agencies, including but not limited to issues such as the
7 consolidation of the organizational structure, centralization
8 or decentralization of staff, appropriate level of member
9 participation, guidelines for policy development, further
10 reductions which may be necessary, and measures which can be
11 taken to improve efficiency, and ensure accountability. To
12 assist in such recommendations the Joint Committee may
13 appoint an Advisory Group. Recommendations of the Joint
14 Committee shall be reported to the members of the General
15 Assembly no later than November 13, 1984. The requirement for
16 reporting to the General Assembly shall be satisfied by
17 filing copies of the report with the Speaker, the Minority
18 Leader and the Clerk of the House of Representatives and the
19 President, the Minority Leader and the Secretary of the
20 Senate and the Legislative Research Agency Unit, as required
21 by Section 3.1 of the General Assembly Organization Act, and
22 filing such additional copies with the State Government
23 Report Distribution Center for the General Assembly as is
24 required under paragraph (t) of Section 7 of the State
25 Library Act; and
26 (11) To contract for the establishment of child care
27 services pursuant to the State Agency Employees Child Care
28 Services Act; and
29 (12) To use funds appropriated from the General Assembly
30 Computer Equipment Revolving Fund for the purchase of
31 computer equipment for the General Assembly and for related
32 expenses and for other operational purposes of the General
33 Assembly in accordance with Section 6 of the Legislative
34 Information System Act.
-52- LRB9010542JMdv
1 (Source: P.A. 88-85.)
2 (25 ILCS 130/3-5 new)
3 Sec. 3-5. Legislative Research Agency.
4 (a) The Legislative Research Agency is established as a
5 legislative support services agency. The Legislative
6 Research Agency is subject to the provisions of this Act and
7 shall perform the powers and duties delegated to it under
8 this Act and the Illinois Economic and Fiscal Act and other
9 functions as may be provided by law.
10 (b) The Legislative Research Agency shall perform those
11 powers and duties provided by law formerly performed by the
12 Illinois Economic and Fiscal Commission, the Commission on
13 Intergovernmental Cooperation, and the Legislative Research
14 Unit. Reference in this or other Acts to any of those
15 entities is a reference to the Legislative Research Agency.
16 (c) The Legislative Research Agency shall provide
17 quality research to all members of the General Assembly, the
18 standing committees of each house of the General Assembly,
19 and the staff of the standing committees and caucuses of each
20 house of the General Assembly. The Legislative Research
21 Agency's research capabilities shall include (i) areas
22 covered by all standing committees of each house of the
23 General Assembly, including those pertaining to the State
24 appropriation and budgeting process, and (ii) areas included
25 in special legislative commissions and projects of each house
26 of the General Assembly.
27 (25 ILCS 130/3A-1)
28 Sec. 3A-1. Pension Laws Commission.
29 (a) The Pension Laws Commission is hereby established as
30 a legislative support services agency. The Commission is
31 subject to the provisions of this Act. It shall have the
32 powers and perform the duties delegated to it under this Act,
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1 the Pension Impact Note Act, and the Illinois Pension Code
2 and shall perform any other functions that may be provided by
3 law.
4 (b) The Pension Laws Commission shall make a continuing
5 study of the laws and practices pertaining to pensions and
6 related retirement and disability benefits for persons in
7 State or local government service and their survivors and
8 dependents, shall evaluate existing laws and practices, and
9 shall review and make recommendations on proposed changes to
10 those laws and practices.
11 (c) The Commission shall be responsible for the
12 preparation of Pension Impact Notes as provided in the
13 Pension Impact Note Act.
14 (d) The Commission shall report to the General Assembly
15 annually or as it deems necessary or useful on the results of
16 its studies and the performance of its duties.
17 (e) The Commission may request assistance from any other
18 entity as necessary or useful for the performance of its
19 duties.
20 (f) The Legislative Research Agency Illinois Economic
21 and Fiscal Commission shall continue to perform the functions
22 and duties that are being transferred from it to the Pension
23 Laws Commission by this amendatory Act of 1995 until the
24 Pension Laws Commission has been appointed and funded and is
25 prepared to begin its operations.
26 (Source: P.A. 89-113, eff. 7-7-95; 90-14, eff. 7-1-97.)
27 (25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)
28 Sec. 4-2. It shall be a the function of the Legislative
29 Research Agency this Commission:
30 (1) To carry forward the participation of this State as
31 a member of the Council of State Governments.
32 (2) To encourage and assist the legislative, executive,
33 administrative and judicial officials and employees of this
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1 State to develop and maintain friendly contact by
2 correspondence, by conference, and otherwise, with officials
3 and employees of the other States, of the Federal Government,
4 and of local units of government.
5 (3) To endeavor to advance cooperation between this
6 State and other units of government whenever it seems
7 advisable to do so by formulating proposals for, and by
8 facilitating:
9 (a) The adoption of compacts.
10 (b) The enactment of uniform or reciprocal
11 statutes.
12 (c) The adoption of uniform or reciprocal
13 administrative rules and regulations.
14 (d) The informal cooperation of governmental
15 offices with one another.
16 (e) The personal cooperation of governmental
17 officials and employees with one another individually.
18 (f) The interchange and clearance of research and
19 information.
20 (g) Any other suitable process, and
21 (h) To do all such acts as will enable this State
22 to do its part in forming a more perfect union among the
23 various governments in the United States and in
24 developing the Council of State Governments for that
25 purpose.
26 (4) The Legislative Research Agency Commission is
27 established as the information center for the General
28 Assembly in the field of federal-state relations and as State
29 Central Information Reception Agency for the purpose of
30 receiving information from federal agencies under the United
31 States Office of Management and Budget circular A-98 and the
32 United States Department of the Treasury Circular TC-1082 or
33 any successor circulars promulgated under authority of the
34 United States Inter-governmental Cooperation Act of 1968. Its
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1 powers and duties in this capacity include, but are not
2 limited to:
3 (a) Compiling and maintaining current information
4 on available and pending federal aid programs for the use
5 of the General Assembly and legislative agencies;
6 (b) Analyzing the relationship of federal aid
7 programs with state and locally financed programs, and
8 assessing the impact of federal aid programs on the State
9 generally;
10 (c) Reporting annually to the General Assembly on
11 the adequacy of programs financed by federal aid in the
12 State, the types and nature of federal aid programs in
13 which State agencies or local governments did not
14 participate, and to make recommendations on such matters;
15 (d) Cooperating with The Illinois Bureau of the
16 Budget and with any State of Illinois offices located in
17 Washington, D. C., in obtaining information concerning
18 federal grant-in-aid legislation and proposals having an
19 impact on the State of Illinois;
20 (e) Cooperating with the Bureau of the Budget in
21 developing forms and identifying number systems for the
22 documentation of applications, awards, receipts and
23 expenditures of federal funds by State agencies;
24 (f) Receiving from every State agency, other than
25 State colleges and universities, agencies of legislative
26 and judicial branches of State government, and elected
27 State executive officers not including the Governor, all
28 applications for federal grants, contracts and agreements
29 and notification of any awards of federal funds and any
30 and all changes in the programs, in awards, in program
31 duration, in schedule of fund receipts, and in estimated
32 costs to the State of maintaining the program if and when
33 federal assistance is terminated, or in direct and
34 indirect costs, of any grant under which they are or
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1 expect to be receiving federal funds;
2 (g) Forwarding to the Bureau of the Budget all
3 documents received under paragraph (f) after assigning an
4 appropriate, State application identifier number to all
5 applications; and
6 (h) Reporting such information as is received
7 under subparagraph (f) to the President and Minority
8 Leader of the Senate and the Speaker and Minority Leader
9 of the House of Representatives and their respective
10 appropriation staffs and to any member of the General
11 Assembly on a monthly basis at the request of the member.
12 The State colleges and universities, the agencies of the
13 legislative and judicial branches of State government, and
14 the elected State executive officers, not including the
15 Governor, shall submit to the Legislative Research Agency
16 Commission, in a manner it prescribes prescribed by the
17 Commission, summaries of applications for federal funds filed
18 and grants of federal funds awarded.
19 (Source: P.A. 87-961.)
20 (25 ILCS 130/4-3) (from Ch. 63, par. 1004-3)
21 Sec. 4-3. The Legislative Research Agency Commission
22 shall establish such committees as it deems advisable, in
23 order that they may confer and formulate proposals concerning
24 effective means to secure intergovernmental harmony, and may
25 perform other functions for the Legislative Research Agency
26 Commission in obedience to its decision. Subject to the
27 approval of the Legislative Research Agency Commission, the
28 member or members of each such committee shall be appointed
29 by the Chairman of the Legislative Research Agency
30 Commission. State officials or employees who are not members
31 of the Legislative Research Agency Commission on
32 Intergovernmental Cooperation may be appointed as members of
33 any such committee, but private citizens holding no
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1 governmental position in this State shall not be eligible.
2 The Legislative Research Agency Commission may provide such
3 other rules as it considers appropriate concerning the
4 membership and the functioning of any such committee. The
5 Legislative Research Agency Commission may provide for
6 advisory boards for itself and for its various committees,
7 and may authorize private citizens to serve on such boards.
8 (Source: P.A. 83-1257.)
9 (25 ILCS 130/4-4) (from Ch. 63, par. 1004-4)
10 Sec. 4-4. The General Assembly finds that the most
11 efficient and productive use of federal block grant funds can
12 be achieved through the coordinated efforts of the
13 Legislature, the Executive, State and local agencies and
14 private citizens. Such coordination is possible through the
15 creation of an Advisory Committee on Block Grants empowered
16 to review, analyze and make recommendations through the
17 Legislative Research Agency Commission to the General
18 Assembly and the Governor on the use of federally funded
19 block grants.
20 The Legislative Research Agency Commission shall
21 establish an Advisory Committee on Block Grants. The primary
22 purpose of the Advisory Committee shall be the oversight of
23 the distribution and use of federal block grant funds.
24 The Advisory Committee shall consist of 4 public members
25 appointed by the Joint Committee on Legislative Support
26 Services and the members of the Legislative Research Agency
27 Commission. A chairperson shall be chosen by the members of
28 the Advisory Committee.
29 (Source: P.A. 83-1257.)
30 (25 ILCS 130/4-7) (from Ch. 63, par. 1004-7)
31 Sec. 4-7. The Legislative Research Agency Commission
32 shall report to the Governor and to the Legislature within
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1 fifteen days after the convening of each General Assembly,
2 and at such other time as it deems appropriate. The members
3 of all committees which it establishes shall serve without
4 compensation for such service, but they shall be paid their
5 necessary expenses in carrying out their obligations under
6 this Act. The Legislative Research Agency Commission may by
7 contributions to the Council of State Governments,
8 participate with other states in maintaining the said
9 Council's district and central secretariats, and its other
10 governmental services.
11 The requirement for reporting to the General Assembly
12 shall be satisfied by filing copies of the report with the
13 Speaker, the Minority Leader and the Clerk of the House of
14 Representatives and the President, the Minority Leader and
15 the Secretary of the Senate and the Legislative Research
16 Unit, as required by Section 3.1 of "An Act to revise the law
17 in relation to the General Assembly", approved February 25,
18 1874, as amended, and filing such additional copies with the
19 State Government Report Distribution Center for the General
20 Assembly as is required under paragraph (t) of Section 7 of
21 the State Library Act.
22 (Source: P.A. 83-1257.)
23 (25 ILCS 130/4-9) (from Ch. 63, par. 1004-9)
24 Sec. 4-9. (a) There is hereby created the
25 Intergovernmental Cooperation Conference Fund, hereinafter
26 called the "Fund". The Fund shall be outside the State
27 treasury, but the State Treasurer shall act as ex-officio
28 custodian of the Fund.
29 (b) The Legislative Research Agency Commission may
30 charge and collect fees from participants at conferences held
31 in connection with the Legislative Research Agency's
32 Commission's exercise of its powers and duties. The fees
33 shall be charged in an amount calculated to cover the cost of
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1 the conferences and shall be deposited in the Fund.
2 (c) Monies in the Fund shall be used to pay the costs of
3 the conferences. As soon as may be practicable after the
4 close of business on June 30 of each year, the Legislative
5 Research Agency Commission shall notify the Comptroller of
6 the amount remaining in the Fund which is not necessary to
7 pay the expenses of conferences held during the expiring
8 fiscal year. Such amount shall be transferred by the
9 Comptroller and the Treasurer from the Fund to the General
10 Revenue Fund. If, during any fiscal year, the monies in the
11 Fund are insufficient to pay the costs of conferences held
12 during that fiscal year, the difference shall be paid from
13 other monies which may be available to the Legislative
14 Research Agency Commission.
15 (Source: P.A. 85-491.)
16 (25 ILCS 130/10-2) (from Ch. 63, par. 1010-2)
17 Sec. 10-2. The Legislative Research Agency Unit shall
18 collect information concerning the government and general
19 welfare of the State, examine the effects of constitutional
20 provisions and previously enacted statutes, consider
21 important issues of public policy and questions of state-wide
22 interest, and perform research and provide information as may
23