State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Conference Committee Report 001 ]

91_HB2793enr

 
HB2793 Enrolled                                LRB9106051REmb

 1        AN  ACT  in  relation  to  the  fiscal operation of State
 2    government.

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

 5        Section  3.  The Civil Administrative Code of Illinois is
 6    amended by changing Sections  9,  9.02,  9.03,  9.05,  9.05a,
 7    9.07,  9.08, 9.09, 9.10, 9.11, 9.11a, 9.12, 9.15, 9.16, 9.17,
 8    9.18, 9.19,  9.21,  9.22,  9.24,  9.25,  9.30,  and  9.31  as
 9    follows:

10        (20 ILCS 5/9) (from Ch. 127, par. 9)
11        Sec.  9. The executive and administrative officers, whose
12    offices are created by this Act, must have the qualifications
13    prescribed by law and shall receive annual salaries,  payable
14    in  equal monthly installments as designated in Sections 9.01
15    through 9.31 9.25. If  set  by  the  Governor,  those  annual
16    salaries may not exceed 85% of the Governor's annual salary.
17    (Source: P.A. 81-1516.)

18        (20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
19        Sec. 9.02. In the Department of Agriculture. The Director
20    of  Agriculture  shall receive an annual salary as set by the
21    Governor from time to time $38,500 from the third  Monday  in
22    January,  1979  to the third Monday in January, 1980; $40,800
23    from the third Monday in January, 1980 to the third Monday in
24    January, 1981, and  $43,000  thereafter  or  as  set  by  the
25    Compensation Review Board, whichever is greater;
26        The  Assistant  Director  of Agriculture shall receive an
27    annual salary as set  by  the  Governor  from  time  to  time
28    $33,000  from  the third Monday in January, 1979 to the third
29    Monday in January, 1980; $34,900 from  the  third  Monday  in
30    January,  1980  to  the  third  Monday  in  January, 1981 and
 
HB2793 Enrolled            -2-                 LRB9106051REmb
 1    $37,000 thereafter or  as  set  by  the  Compensation  Review
 2    Board, whichever is greater.
 3    (Source: P.A. 83-1177.)

 4        (20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
 5        Sec.  9.03.  In  the Department of Labor. The Director of
 6    Labor shall receive an annual salary as set by  the  Governor
 7    from  time  to time $38,500 from the third Monday in January,
 8    1979 to the third Monday in January, 1980; $40,800  from  the
 9    third Monday in January, 1980 to the third Monday in January,
10    1981,  and  $43,000  thereafter or as set by the Compensation
11    Review Board, whichever is greater;
12        The Assistant Director of Labor shall receive  an  annual
13    salary  as set by the Governor from time to time $33,000 from
14    the third Monday in January, 1979  to  the  third  Monday  in
15    January, 1980; $34,900 from the third Monday in January, 1980
16    to  the third Monday in January, 1981, and $37,000 thereafter
17    or as set by the  Compensation  Review  Board,  whichever  is
18    greater;
19        The  chief  factory  inspector shall receive $24,700 from
20    the third Monday in January, 1979  to  the  third  Monday  in
21    January,  1980,  and  $25,000  thereafter,  or  as set by the
22    Compensation Review Board, whichever is greater;
23        The superintendent of  safety  inspection  and  education
24    shall  receive  $27,500, or as set by the Compensation Review
25    Board, whichever is greater;
26        The superintendent of women's and  children's  employment
27    shall  receive $22,000 from the third Monday in January, 1979
28    to the third Monday in January, 1980, and $22,500 thereafter,
29    or as set by the  Compensation  Review  Board,  whichever  is
30    greater.
31    (Source: P.A. 83-1177; 83-1503.)

32        (20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
 
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 1        Sec.  9.05.  In  the  Department  of  Transportation. The
 2    Secretary of Transportation shall receive an annual salary as
 3    set by the Governor from time to time $48,400 from the  third
 4    Monday in January, 1979 to the third Monday in January, 1980;
 5    $51,300  from  the third Monday in January, 1980 to the third
 6    Monday in January, 1981, and $52,000 thereafter or as set  by
 7    the Compensation Review Board, whichever is greater;
 8        The  assistant  Secretary of Transportation shall receive
 9    an annual salary as set by the Governor  from  time  to  time
10    $38,500  from  the third Monday in January, 1979 to the third
11    Monday in January, 1980; $40,800 from  the  third  Monday  in
12    January,  1980  to  the  third  Monday  in January, 1981, and
13    $43,000 thereafter or  as  set  by  the  Compensation  Review
14    Board, whichever is greater.
15    (Source: P.A. 83-1177.)

16        (20 ILCS 5/9.05a)
17        Sec.  9.05a.   In  the Department of Human Services.  The
18    Secretary of Human Services shall receive an annual salary as
19    set by the Governor from time to time  equal  to  the  salary
20    payable to the Director of Corrections under Section 9.11a of
21    this  Code,  or  such  other  amount  as  may  be  set by the
22    Compensation Review Board, whichever is greater.
23        The Assistant Secretaries of Human  Services  shall  each
24    receive  an annual salary as set by the Governor from time to
25    time equal to the salary payable to an Assistant Director  of
26    Public  Aid  under  Section  9.17 of this Code, or such other
27    amount as may  be  set  by  the  Compensation  Review  Board,
28    whichever is greater.
29    (Source: P.A. 89-507, eff. 7-1-97.)

30        (20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
31        Sec.  9.07.  In  the  Department  of  Public  Health. The
32    Director of Public Health shall receive an annual  salary  as
 
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 1    set  by the Governor from time to time $48,400 from the third
 2    Monday in January, 1979 to the third Monday in January, 1980;
 3    $51,300 from the third Monday in January, 1980 to  the  third
 4    Monday  in January, 1981, and $52,000 thereafter or as set by
 5    the Compensation Review Board, whichever is greater;
 6        The Assistant Director of Public Health shall receive  an
 7    annual  salary  as  set  by  the  Governor  from time to time
 8    $35,200 from the third Monday in January, 1979 to  the  third
 9    Monday  in  January,  1980;  $37,300 from the third Monday in
10    January, 1980 to the third Monday in January,  1981;  $39,500
11    from the third Monday in January, 1981 to the third Monday in
12    January,  1982,  and  $40,000  thereafter  or  as  set by the
13    Compensation Review Board, whichever is greater.
14    (Source: P.A. 83-1177.)

15        (20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
16        Sec. 9.08. In the Department of Professional  Regulation.
17    The  Director  of  Professional  Regulation  shall receive an
18    annual salary as set  by  the  Governor  from  time  to  time
19    $35,200  from  the third Monday in January, 1979 to the third
20    Monday in January, 1980; $37,300 from  the  third  Monday  in
21    January,  1980  to  the  third  Monday  in  January, 1981 and
22    $44,000 thereafter or  as  set  by  the  Compensation  Review
23    Board, whichever is greater.
24    (Source: P.A. 85-225.)

25        (20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
26        Sec.  9.09.  In the Department of Natural Resources.  The
27    Director of Natural Resources shall continue to  receive  the
28    annual  salary  set  by  law for the Director of Conservation
29    until January 20, 1997.  Beginning on that date, the Director
30    of Natural Resources shall receive an annual salary as set by
31    the Governor from time to time of $40,000 or the  amount  set
32    by the Compensation Review Board, whichever is greater.
 
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 1        The   Assistant   Director  of  Natural  Resources  shall
 2    continue to receive the annual salary  set  by  law  for  the
 3    Assistant  Director  of  Conservation until January 20, 1997.
 4    Beginning on that date, the  Assistant  Director  of  Natural
 5    Resources  shall  receive  an  annual  salary  as  set by the
 6    Governor from time to time of $33,000 or the  amount  set  by
 7    the Compensation Review Board, whichever is greater.
 8    (Source: P.A. 89-445, eff. 2-7-96.)

 9        (20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
10        Sec.  9.10.  In the Department of Insurance. The Director
11    of Insurance shall receive an annual salary  as  set  by  the
12    Governor  from  time to time $38,500 from the third Monday in
13    January, 1979 to the third Monday in January,  1980;  $40,800
14    from the third Monday in January, 1980 to the third Monday in
15    January,  1981,  and  $43,000  thereafter  or  as  set by the
16    Compensation Review Board, whichever is greater;
17        The Assistant Director  of  Insurance  shall  receive  an
18    annual  salary  as  set  by  the  Governor  from time to time
19    $30,800 from the third Monday in January, 1979 to  the  third
20    Monday  in  January,  1980;  $32,600 from the third Monday in
21    January, 1980 to the third Monday in January,  1981;  $34,600
22    from the third Monday in January, 1981 to the third Monday in
23    January,  1982,  and  $36,000  thereafter  or  as  set by the
24    Compensation Review Board, whichever is greater.
25    (Source: P.A. 83-1177.)

26        (20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
27        Sec. 9.11.   In  the  Department  of  State  Police.  The
28    Director  of  State  Police shall receive an annual salary as
29    set by the Governor from time to time $41,800 from the  third
30    Monday in January, 1979 to the third Monday in January, 1980;
31    $44,300  from  the third Monday in January, 1980 to the third
32    Monday in January, 1981, and $46,000 thereafter or as set  by
 
HB2793 Enrolled            -6-                 LRB9106051REmb
 1    the Compensation Review Board, whichever is greater;
 2        The  Assistant  Director of State Police shall receive an
 3    annual salary as set  by  the  Governor  from  time  to  time
 4    $35,200  from  the third Monday in January, 1979 to the third
 5    Monday in January, 1980; $37,300 from  the  third  Monday  in
 6    January,  1980  to  the  third  Monday  in January, 1981, and
 7    $39,000 thereafter or  as  set  by  the  Compensation  Review
 8    Board, whichever is greater.
 9    (Source: P.A. 84-25; 84-832.)

10        (20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
11        Sec.  9.11a.  In  the  Department  of  Corrections.   The
12    Director of Corrections shall receive an annual salary as set
13    by the Governor from time to time of $85,000 or as set by the
14    Compensation Review Board, whichever is greater.
15        The Assistant Director of Corrections - Juvenile Division
16    -  shall receive an annual salary as set by the Governor from
17    time to time $35,200 from the third Monday in  January,  1979
18    to  the third Monday in January, 1980; $37,300 from the third
19    Monday in January, 1980 to the third Monday in January, 1981,
20    and $39,000 thereafter or as set by the  Compensation  Review
21    Board, whichever is greater.
22        The  Assistant Director of Corrections - Adult Division -
23    shall receive an annual salary as set by  the  Governor  from
24    time  to  time $35,200 from the third Monday in January, 1979
25    to the third Monday in January, 1980; $37,300 from the  third
26    Monday in January, 1980 to the third Monday in January, 1981,
27    and  $39,000  thereafter or as set by the Compensation Review
28    Board, whichever is greater.
29    (Source: P.A. 87-1216.)

30        (20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
31        Sec. 9.12.  In the Department of Revenue. The Director of
32    Revenue shall receive an annual salary as set by the Governor
 
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 1    from time to time $41,800 from the third Monday  in  January,
 2    1979  to  the third Monday in January, 1980; $44,300 from the
 3    third Monday in January, 1980 to the third Monday in January,
 4    1981, and $46,000 thereafter or as set  by  the  Compensation
 5    Review Board, whichever is greater;
 6        The Assistant Director of Revenue shall receive an annual
 7    salary  as set by the Governor from time to time $35,200 from
 8    the third Monday in January, 1979  to  the  third  Monday  in
 9    January, 1980; $37,300 from the third Monday in January, 1980
10    to  the third Monday in January, 1981, and $39,000 thereafter
11    or as set by the  Compensation  Review  Board,  whichever  is
12    greater.
13        Beginning July 1, 1990, the annual salary of the Taxpayer
14    Ombudsman  shall  be  the  greater  of  an  amount set by the
15    Compensation Review Board or $69,000, adjusted  each  July  1
16    thereafter by a percentage increase equivalent to that of the
17    "Employment Cost Index, Wages and Salaries, By Occupation and
18    Industry Groups:  State and Local Government Workers:  Public
19    Administration"   as   published   by  the  Bureau  of  Labor
20    Statistics of the U.S. Department of Labor for  the  calendar
21    year  immediately  preceding  the year of the respective July
22    1st increase date, such increase to be no less than zero  nor
23    greater than five percent and to be added to the then current
24    annual salary.
25    (Source: P.A. 86-1338)

26        (20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
27        Sec.  9.15.  In the Department of Financial Institutions.
28    The Director  of  Financial  Institutions  shall  receive  an
29    annual  salary  as  set  by  the  Governor  from time to time
30    $38,500 from the third Monday in January, 1979 to  the  third
31    Monday  in  January,  1980;  $40,800 from the third Monday in
32    January, 1980 to the  third  Monday  in  January,  1981,  and
33    $43,000  thereafter  or  as  set  by  the Compensation Review
 
HB2793 Enrolled            -8-                 LRB9106051REmb
 1    Board, whichever is greater;
 2        The Assistant Director of  Financial  Institutions  shall
 3    receive  an annual salary as set by the Governor from time to
 4    time $33,000 from the third Monday in January,  1979  to  the
 5    third  Monday in January, 1980; $34,900 from the third Monday
 6    in January, 1980 to the third Monday  in  January  1981,  and
 7    $37,000  thereafter  or  as  set  by  the Compensation Review
 8    Board, whichever is greater.
 9    (Source: P.A. 83-1177.)

10        (20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
11        Sec. 9.16. In  the  Department  of  Children  and  Family
12    Services.  The Director of Children and Family Services shall
13    receive  an annual salary as set by the Governor from time to
14    time of $76,991 or as set by the Compensation  Review  Board,
15    whichever is greater.
16    (Source: P.A. 87-1216.)

17        (20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
18        Sec.  9.17. In the Department of Public Aid. The Director
19    of Public Aid shall receive an annual salary as  set  by  the
20    Governor  from  time to time $48,400 from the third Monday in
21    January, 1979 to the third Monday in January,  1980;  $51,300
22    from the third Monday in January, 1980 to the third Monday in
23    January,  1981,  and  $52,000  thereafter  or  as  set by the
24    Compensation Review Board, whichever is greater;
25        The Assistant Director of Public  Aid  shall  receive  an
26    annual  salary  as  set  by  the  Governor  from time to time
27    $35,200 from the third Monday in January, 1979 to  the  third
28    Monday  in  January,  1980;  $37,300 from the third Monday in
29    January, 1980 to the third Monday in January,  1981;  $39,500
30    from the third Monday in January, 1981 to the third Monday in
31    January,  1982,  and   $40,000  thereafter  or  as set by the
32    Compensation Review Board, whichever is greater.
 
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 1    (Source: P.A. 83-1177.)

 2        (20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
 3        Sec. 9.18. In the Department of  Commerce  and  Community
 4    Affairs. The Director of Commerce and Community Affairs shall
 5    receive  an annual salary as set by the Governor from time to
 6    time $41,800 annually from the date of his appointment to the
 7    third Monday in January, 1980; $44,300 from the third  Monday
 8    in  January,  1980  to the third Monday in January, 1981; and
 9    $46,000 thereafter or  as  set  by  the  Compensation  Review
10    Board, whichever is greater.
11        The  Assistant Director of Commerce and Community Affairs
12    shall receive an annual salary as set by  the  Governor  from
13    time   to   time  $35,200  annually  from  the  date  of  his
14    appointment to the third Monday  in  January,  1980;  $37,300
15    from the third Monday in January, 1980 to the third Monday in
16    January,  1981,  and  $39,000  thereafter  or  as  set by the
17    Compensation Review Board, whichever is greater.
18    (Source: P.A. 83-1177.)

19        (20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
20        Sec. 9.19.   In  the  Department  of  Central  Management
21    Services.
22        The Director of Central Management Services shall receive
23    an  annual  salary  as  set by the Governor from time to time
24    $52,000 annually, or an amount set by the Compensation Review
25    Board, whichever is greater;
26        Each Assistant Director of  Central  Management  Services
27    shall  receive  an  annual salary as set by the Governor from
28    time to time $40,000  annually,  or  an  amount  set  by  the
29    Compensation Review Board, whichever is greater.
30    (Source: P.A. 83-1177.)

31        (20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
 
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 1        Sec.  9.21.  In  the Department of Aging. The Director of
 2    Aging shall receive an annual salary as set by  the  Governor
 3    from  time  to time $35,200 from the third Monday in January,
 4    1979 to the third Monday in January, 1980; $37,300  from  the
 5    third Monday in January, 1980 to the third Monday in January,
 6    1981;  $39,500  from the third Monday in January, 1981 to the
 7    third Monday in January, 1982, and $40,000 thereafter  or  as
 8    set by the Compensation Review Board, whichever is greater.
 9    (Source: P.A. 83-1177.)

10        (20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
11        Sec.  9.22.   The  Director  of  Veterans'  Affairs shall
12    receive an annual salary as set by the Governor from time  to
13    time  $38,500  from  the third Monday in January, 1979 to the
14    third Monday in January, 1980; $40,800 from the third  Monday
15    in  January,  1980  to the third Monday in January, 1981, and
16    $43,000 thereafter or  as  set  by  the  Compensation  Review
17    Board, whichever is greater.
18        The Assistant Director of Veterans' Affairs shall receive
19    an  annual  salary  as  set by the Governor from time to time
20    $33,000 from the third Monday in January, 1979 to  the  third
21    Monday  in  January,  1980;  $34,900 from the third Monday in
22    January, 1980 to the  third  Monday  in  January,  1981,  and
23    $37,000  thereafter  or  as  set  by  the Compensation Review
24    Board, whichever is greater.
25    (Source: P.A. 83-1177.)

26        (20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
27        Sec. 9.24.  The Director of Human Rights shall receive an
28    annual salary as set  by  the  Governor  from  time  to  time
29    $44,000 or as set by the Compensation Review Board, whichever
30    is greater.
31    (Source: P.A. 83-1177.)
 
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 1        (20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
 2        Sec.  9.25.   In  the  Department of Nuclear Safety.  The
 3    Director of Nuclear Safety shall receive an annual salary  as
 4    set  by  the  Governor from time to time $45,000 or as set by
 5    the Compensation Review Board, whichever is greater.
 6    (Source: P.A. 83-1177.)

 7        (20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
 8        Sec. 9.30.  In the Department of Employment Security. The
 9    Director of  Employment  Security  shall  receive  an  annual
10    salary  as  set by the Governor from time to time of $53,500,
11    or an amount set by the Compensation Review Board,  whichever
12    is greater.
13        Each member of the board of review shall receive $15,000.
14    (Source: P.A. 84-26.)

15        (20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
16        Sec.  9.31.   In  the  Department  of  the  Lottery.  The
17    Director of the Lottery shall receive an annual salary as set
18    by  the  Governor  from time to time of $39,000, or an amount
19    set by the Compensation Review Board, whichever is greater.
20    (Source: P.A. 84-1438.)

21        Section 4.  The  Alcoholism  and  Other  Drug  Abuse  and
22    Dependency  Act  is  amended  by  changing  Section  50-25 as
23    follows:

24        (20 ILCS 301/50-25)
25        Sec.  50-25.   Youth  Alcoholism  and   Substance   Abuse
26    Prevention  Fund.   There  is  hereby  created  in  the State
27    treasury a special Fund to be known as the  Youth  Alcoholism
28    and   Substance   Abuse  Prevention  Fund.   There  shall  be
29    deposited into this Fund such monies as may be received  from
30    the $50 increase in the alcoholic beverage retailer's license
 
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 1    fee  imposed  by  P.A.  86-983.  Monies in this Fund shall be
 2    appropriated to the Department and expended for  the  purpose
 3    of  helping support and establish community based alcohol and
 4    other drug abuse prevention programs.
 5    (Source: P.A. 88-80.)

 6        Section 5.  The Civil Administrative Code of Illinois  is
 7    amended by adding Sections 46.34a and 46.34b as follows:

 8        (20 ILCS 605/46.34a new)
 9        Sec. 46.34a.  To assume from the Office of the Lieutenant
10    Governor  on  July  1,  1999,  all personnel, books, records,
11    papers, documents,  property  both  real  and  personal,  and
12    pending  business  in any way pertaining to the Illinois Main
13    Street Program.  All personnel transferred pursuant  to  this
14    Section  shall  receive  certified status under the Personnel
15    Code.

16        (20 ILCS 605/46.34b new)
17        Sec. 46.34b.  To assume from the Executive Office of  the
18    Governor,  Bureau  of  the  Budget,  on  July  1,  1999,  all
19    personnel,  books,  records, papers, documents, property both
20    real and personal, and pending business in any way pertaining
21    to  the  State  Data  Center,  established  pursuant   to   a
22    Memorandum  of  Understanding  entered  into  with the Census
23    Bureau pursuant to 15 U.S.C.  Section  1525.   All  personnel
24    transferred  pursuant to this Section shall receive certified
25    status under the Personnel Code.

26        Section 6.  The Military Code of Illinois is  amended  by
27    changing Section 17 as follows:

28        (20 ILCS 1805/17) (from Ch. 129, par. 220.17)
29        Sec.   17.    The  Adjutant  General  and  the  Assistant
 
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 1    Adjutants General shall  give  their  entire  time  to  their
 2    military duties. The Adjutant General shall receive an annual
 3    salary  as  set by the Governor from time to time of $70,197,
 4    or as set by the  Compensation  Review  Board,  whichever  is
 5    greater, and each Assistant Adjutant General shall receive an
 6    annual  salary  as  set  by the Governor from time to time of
 7    $62,235,  or  as  set  by  the  Compensation  Review   Board,
 8    whichever  is  greater.  If set by the Governor, those annual
 9    salaries may not exceed 85% of the Governor's annual salary.
10    (Source: P.A. 89-703, eff. 1-17-97.)

11        Section 7.  The Office of Banks and Real  Estate  Act  is
12    amended by changing Section 1 as follows:

13        (20 ILCS 3205/1) (from Ch. 17, par. 451)
14        Sec. 1. Salary.
15        (a)  The  Commissioner of Banks and Trust Companies shall
16    receive an annual salary as set by the Governor from time  to
17    time  of  $42,500 or as set by the Compensation Review Board,
18    whichever is greater,  payable in equal monthly installments.
19    The First Deputy Commissioner shall receive an annual  salary
20    as  set  by  the Governor from time to time of $40,000, or as
21    set by the Compensation Review Board, whichever  is  greater,
22    the other deputy commissioners shall receive an annual salary
23    of  $38,000,  or  as  set  by  the Compensation Review Board,
24    whichever  is  greater,    each  payable  in  equal   monthly
25    installments.  If  set by the Governor, those annual salaries
26    may not exceed 85% of the Governor's annual salary.
27        (b)  The Commissioner of the Office  of  Banks  and  Real
28    Estate  shall  receive  the annual salary provided by law for
29    the Commissioner of  Banks  and  Trust  Companies  until  the
30    General Assembly or the Compensation Review Board establishes
31    a salary for the Commissioner of the Office of Banks and Real
32    Estate.    The   First   Deputy   Commissioner   and   Deputy
 
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 1    Commissioners  of  the  Office of Banks and Real Estate shall
 2    receive the annual salaries provided by  law  for  the  First
 3    Deputy  Commissioner  and  Deputy  Commissioners of Banks and
 4    Trust Companies, respectively, until the General Assembly  or
 5    the  Compensation  Review  Board establishes salaries for the
 6    First Deputy Commissioner and  Deputy  Commissioners  of  the
 7    Office of Banks and Real Estate.
 8    (Source: P.A. 89-508, eff. 7-3-96.)

 9        Section  8.  The Illinois Emergency Management Agency Act
10    is amended by changing Section 5 as follows:

11        (20 ILCS 3305/5) (from Ch. 127, par. 1055)
12        Sec. 5.  Illinois Emergency Management Agency.
13        (a)  There is created within the executive branch of  the
14    State  Government an Illinois Emergency Management Agency and
15    a Director  of  the  Illinois  Emergency  Management  Agency,
16    herein  called  the "Director" who shall be the head thereof.
17    The Director shall be appointed by  the  Governor,  with  the
18    advice  and consent of the Senate, and shall serve for a term
19    of 2 years beginning on the third Monday in  January  of  the
20    odd-numbered  year,  and until his successor is appointed and
21    has qualified; except that the term  of  the  first  Director
22    appointed  under this Act shall expire on the third Monday in
23    January,  1989.   The  Director  shall  not  hold  any  other
24    remunerative public office. The  Director  shall  receive  an
25    annual  salary  as  set  by the Governor from time to time of
26    $70,197 or the amount set by the Compensation  Review  Board,
27    whichever  is  higher. If set by the Governor, the Director's
28    annual salary may not exceed 85%  of  the  Governor's  annual
29    salary.
30        (b)  The   Illinois  Emergency  Management  Agency  shall
31    obtain,  under  the  provisions  of   the   Personnel   Code,
32    technical,  clerical,  stenographic  and other administrative
 
HB2793 Enrolled            -15-                LRB9106051REmb
 1    personnel, and may make expenditures within the appropriation
 2    therefor as may be necessary to carry out the purpose of this
 3    Act.  The agency created by this Act  is  intended  to  be  a
 4    successor  to the agency created under the Illinois Emergency
 5    Services and Disaster Agency Act of 1975 and  the  personnel,
 6    equipment,  records,  and  appropriations  of that agency are
 7    transferred to the successor agency as of the effective  date
 8    of this Act.
 9        (c)  The  Director,  subject to the direction and control
10    of the Governor, shall be the executive head of the  Illinois
11    Emergency  Management Agency and the State Emergency Response
12    Commission and shall be responsible under  the  direction  of
13    the  Governor,  for  carrying  out  the program for emergency
14    management of this State.  He shall also maintain liaison and
15    cooperate with the emergency management organizations of this
16    State and other states and of the federal government.
17        (d)  The Illinois Emergency Management Agency shall  take
18    an integral part in the development and revision of political
19    subdivision   emergency   operations   plans  prepared  under
20    paragraph (f) of Section 10.  To this end it shall employ  or
21    otherwise  secure  the services of professional and technical
22    personnel capable  of  providing  expert  assistance  to  the
23    emergency  services  and  disaster agencies.  These personnel
24    shall consult with emergency services and  disaster  agencies
25    on  a  regular basis and shall make field examinations of the
26    areas,  circumstances,   and   conditions   that   particular
27    political subdivision emergency operations plans are intended
28    to apply, and may recommend revisions under State rules.
29        (e)  The   Illinois    Emergency  Management  Agency  and
30    political  subdivisions  shall  be  encouraged  to  form   an
31    emergency  management  advisory committee composed of private
32    and public personnel representing  the  emergency  management
33    phases of mitigation, preparedness, response, and recovery.
34        (f)  The Illinois Emergency Management Agency shall:
 
HB2793 Enrolled            -16-                LRB9106051REmb
 1             (1)  Coordinate  the  overall  emergency  management
 2        program of the State.
 3             (2)  Cooperate  with  local governments, the federal
 4        government and any public or private agency or entity  in
 5        achieving  any  purpose  of  this Act and in implementing
 6        emergency    management    programs    for    mitigation,
 7        preparedness, response, and recovery.
 8             (3)  Prepare,  for   issuance   by   the   Governor,
 9        executive   orders,  proclamations,  and  regulations  as
10        necessary or appropriate in coping with disasters.
11             (4)  Promulgate rules and requirements for political
12        subdivision emergency  operations  plans,  in  accordance
13        with federal guidelines.
14             (5)  Review    political    subdivision    emergency
15        operations  plans  and  recommend  revisions  under State
16        rules.
17             (6)  Determine requirements of  the  State  and  its
18        political  subdivisions  for  food,  clothing,  and other
19        necessities in event of a disaster.
20             (7)  Establish a register of persons with  types  of
21        emergency  management  training and skills in mitigation,
22        preparedness, response, and recovery.
23             (8)  Establish a register of government and  private
24        response resources available for use in a disaster.
25             (9)  Expand the Earthquake Awareness Program and its
26        efforts  to  distribute earthquake preparedness materials
27        to schools,  political  subdivisions,  community  groups,
28        civic  organizations,  and  the  media.  Emphasis will be
29        placed on those areas of the State most at risk  from  an
30        earthquake.   Maintain  the list of all school districts,
31        hospitals,  airports,  power  plants,  including  nuclear
32        power plants, lakes, dams, emergency response  facilities
33        of  all  types,  and  all  other  major public or private
34        structures which are at the greatest risk of damage  from
 
HB2793 Enrolled            -17-                LRB9106051REmb
 1        earthquakes  under  circumstances  where the damage would
 2        cause subsequent harm to the surrounding communities  and
 3        residents.
 4             (10)  Disseminate  all  information,  completely and
 5        without delay, on water levels for rivers and streams and
 6        any other data pertaining to potential flooding  supplied
 7        by  the Division of Water Resources within the Department
 8        of Natural Resources to all political subdivisions to the
 9        maximum extent possible.
10             (11)  Develop agreements  with  medical  supply  and
11        equipment  firms  to supply resources as are necessary to
12        respond to an earthquake or any other disaster as defined
13        in this Act.  These resources will be made available upon
14        notifying the vendor of the disaster.   Payment  for  the
15        resources  will  be  in accordance with Section 7 of this
16        Act.  The Illinois  Department  of  Public  Health  shall
17        determine which resources will be required and requested.
18             (12)  Do  all  other things necessary, incidental or
19        appropriate for the implementation of this Act.
20    (Source: P.A. 89-445, eff. 2-7-96; 89-703, eff. 1-17-97.)

21        Section 9.  The Environmental Protection Act  is  amended
22    by changing Section 4 as follows:

23        (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
24        Sec.  4.  Environmental Protection Agency; establishment;
25    duties.
26        (a)  There is established in the Executive Branch of  the
27    State  Government  an agency to be known as the Environmental
28    Protection Agency. This Agency shall be under the supervision
29    and direction of a Director who shall  be  appointed  by  the
30    Governor  with the advice and consent of the Senate. The term
31    of office of the Director shall expire on the third Monday of
32    January in odd numbered years provided that he shall hold his
 
HB2793 Enrolled            -18-                LRB9106051REmb
 1    office until his successor is appointed  and  qualified.  The
 2    Director  shall  receive  an  annual  salary  as  set  by the
 3    Governor from time to time of $38,500 from the  third  Monday
 4    in  January,  1979  to  the  third  Monday  in January, 1980;
 5    $40,800 from the third Monday in January, 1980 to  the  third
 6    Monday in January, 1981, and $43,000 thereafter, or as set by
 7    the  Compensation  Review Board, whichever is greater. If set
 8    by the Governor, the Director's annual salary may not  exceed
 9    85%  of the Governor's annual salary. The Director, in accord
10    with  the  Personnel  Code,  shall  employ  and  direct  such
11    personnel, and shall provide for such  laboratory  and  other
12    facilities,  as may be necessary to carry out the purposes of
13    this Act. In addition, the Director may by  agreement  secure
14    such  services  as  he  may  deem  necessary  from  any other
15    department, agency, or unit of the State Government, and  may
16    employ   and   compensate   such  consultants  and  technical
17    assistants as may be required.
18        (b)  The Agency  shall  have  the  duty  to  collect  and
19    disseminate  such  information,  acquire such technical data,
20    and conduct such experiments as may be required to carry  out
21    the  purposes  of  this  Act,  including ascertainment of the
22    quantity and nature of discharges from any contaminant source
23    and data on those sources, and to operate and arrange for the
24    operation of devices  for  the  monitoring  of  environmental
25    quality.
26        (c)  The Agency shall have authority to conduct a program
27    of   continuing  surveillance  and  of  regular  or  periodic
28    inspection  of  actual  or  potential  contaminant  or  noise
29    sources, of public water supplies,  and  of  refuse  disposal
30    sites.
31        (d)  In  accordance  with constitutional limitations, the
32    Agency shall have authority to enter at all reasonable  times
33    upon any private or public property for the purpose of:
34        (1)  Inspecting  and  investigating to ascertain possible
 
HB2793 Enrolled            -19-                LRB9106051REmb
 1    violations of the Act or of  regulations  thereunder,  or  of
 2    permits or terms or conditions thereof; or
 3        (2)  In  accordance  with  the  provisions  of  this Act,
 4    taking whatever preventive or  corrective  action,  including
 5    but  not  limited  to  removal  or  remedial  action, that is
 6    necessary or appropriate whenever there is  a  release  or  a
 7    substantial  threat of a release of (A) a hazardous substance
 8    or pesticide or (B) petroleum  from  an  underground  storage
 9    tank.
10        (e)  The  Agency  shall  have  the  duty  to  investigate
11    violations  of this Act or of regulations adopted thereunder,
12    or of permits  or  terms  or  conditions  thereof,  to  issue
13    administrative  citations as provided in Section 31.1 of this
14    Act, and to  take  such  summary  enforcement  action  as  is
15    provided for by Section 34 of this Act.
16        (f)  The  Agency  shall  appear  before  the Board in any
17    hearing upon a petition for variance, the denial of a permit,
18    or the validity or effect of a  rule  or  regulation  of  the
19    Board,  and  shall  have  the  authority to appear before the
20    Board in any hearing under the Act.
21        (g)  The Agency shall have the  duty  to  administer,  in
22    accord   with   Title   X   of  this  Act,  such  permit  and
23    certification systems as may be established by this Act or by
24    regulations adopted thereunder. The  Agency  may  enter  into
25    written delegation agreements with any department, agency, or
26    unit of State or local government under which all or portions
27    of this duty may be delegated for public water supply storage
28    and   transport  systems,  sewage  collection  and  transport
29    systems, air  pollution  control  sources  with  uncontrolled
30    emissions  of  100  tons  per year or less and application of
31    algicides to waters of the State.  Such delegation agreements
32    will require that the work to be performed thereunder will be
33    in accordance with Agency criteria, subject to Agency review,
34    and shall include such financial and program auditing by  the
 
HB2793 Enrolled            -20-                LRB9106051REmb
 1    Agency as may be required.
 2        (h)  The  Agency  shall  have  authority  to  require the
 3    submission of complete  plans  and  specifications  from  any
 4    applicant for a permit required by this Act or by regulations
 5    thereunder,  and  to  require  the submission of such reports
 6    regarding actual or potential violations of  the  Act  or  of
 7    regulations  thereunder, or of permits or terms or conditions
 8    thereof, as may be necessary for purposes of this Act.
 9        (i)  The   Agency   shall   have   authority   to    make
10    recommendations  to the Board for the adoption of regulations
11    under Title VII of the Act.
12        (j)  The Agency shall have  the  duty  to  represent  the
13    State of Illinois in any and all matters pertaining to plans,
14    procedures,  or negotiations for interstate compacts or other
15    governmental   arrangements   relating    to    environmental
16    protection.
17        (k)  The  Agency  shall  have  the  authority  to accept,
18    receive, and administer on behalf of the  State  any  grants,
19    gifts,  loans,  indirect  cost reimbursements, or other funds
20    made available to the State from any source for  purposes  of
21    this  Act or for air or water pollution control, public water
22    supply, solid  waste  disposal,  noise  abatement,  or  other
23    environmental  protection  activities,  surveys, or programs.
24    Any federal funds received by the  Agency  pursuant  to  this
25    subsection  shall be deposited in a trust fund with the State
26    Treasurer and held and disbursed by him  in  accordance  with
27    Treasurer  as  Custodian  of  Funds  Act,  provided that such
28    monies shall be used only for the purposes for which they are
29    contributed and any balance remaining shall  be  returned  to
30    the contributor.
31        The  Agency  is authorized to promulgate such regulations
32    and enter into such contracts as it may  deem  necessary  for
33    carrying out the provisions of this subsection.
34        (l)  The  Agency  is hereby designated as water pollution
 
HB2793 Enrolled            -21-                LRB9106051REmb
 1    agency for the state for all purposes of  the  Federal  Water
 2    Pollution Control Act, as amended; as implementing agency for
 3    the  State  for  all purposes of the Safe Drinking Water Act,
 4    Public Law  93-523,  as  now  or  hereafter  amended,  except
 5    Section  1425  of  that  Act; as air pollution agency for the
 6    state for all purposes of the Clean Air Act of  1970,  Public
 7    Law  91-604,  approved  December 31, 1970, as amended; and as
 8    solid waste agency for the state  for  all  purposes  of  the
 9    Solid Waste Disposal Act, Public Law 89-272, approved October
10    20,  1965,  and amended by the Resource Recovery Act of 1970,
11    Public Law 91-512, approved October 26, 1970, as amended, and
12    amended by the Resource  Conservation  and  Recovery  Act  of
13    1976, (P.L. 94-580) approved October 21, 1976, as amended; as
14    noise  control  agency  for the state for all purposes of the
15    Noise Control  Act  of  1972,  Public  Law  92-574,  approved
16    October  27, 1972, as amended; and as implementing agency for
17    the State for all purposes of the Comprehensive Environmental
18    Response, Compensation,  and  Liability  Act  of  1980  (P.L.
19    96-510),  as  amended;  and  otherwise  as  pollution control
20    agency for the State pursuant to federal laws integrated with
21    the foregoing laws, for financing purposes or otherwise.  The
22    Agency  is  hereby authorized to take all action necessary or
23    appropriate to secure to  the  State  the  benefits  of  such
24    federal  Acts, provided that the Agency shall transmit to the
25    United States without change any  standards  adopted  by  the
26    Pollution Control Board pursuant to Section 5(c) of this Act.
27    This  subsection  (l)  of Section 4 shall not be construed to
28    bar or  prohibit  the  Environmental  Protection  Trust  Fund
29    Commission  from  accepting, receiving, and  administering on
30    behalf of the State any grants, gifts, loans or  other  funds
31    for   which  the  Commission  is  eligible  pursuant  to  the
32    Environmental Protection Trust Fund Act. The Agency is hereby
33    designated  as  the  State  agency  for   all   purposes   of
34    administering  the requirements of Section 313 of the federal
 
HB2793 Enrolled            -22-                LRB9106051REmb
 1    Emergency Planning and Community Right-to-Know Act of 1986.
 2        Any municipality, sanitary district, or  other  political
 3    subdivision, or any Agency of the State or interstate Agency,
 4    which  makes  application  for  loans  or  grants  under such
 5    federal Acts shall notify the Agency of such application; the
 6    Agency may participate  in  proceedings  under  such  federal
 7    Acts.
 8        (m)  The  Agency  shall  have  authority, consistent with
 9    Section 5(c) and  other  provisions  of  this  Act,  and  for
10    purposes  of  Section  303(e)  of the Federal Water Pollution
11    Control Act, as  now  or  hereafter  amended,  to  engage  in
12    planning  processes  and  activities  and to develop plans in
13    cooperation with units of local  government,  state  agencies
14    and  officers,  and  other  appropriate persons in connection
15    with the jurisdiction or duties of each  such  unit,  agency,
16    officer  or  person.  Public  hearings  shall  be held on the
17    planning process, at which any person shall be  permitted  to
18    appear  and  be  heard,  pursuant  to  procedural regulations
19    promulgated by the Agency.
20        (n)  In accordance with the  powers  conferred  upon  the
21    Agency  by  Sections  10(g),  13(b), 19, 22(d) and 25 of this
22    Act, the Agency shall have authority to establish and enforce
23    minimum standards for the operation of laboratories  relating
24    to  analyses  and  laboratory  tests for air pollution, water
25    pollution, noise emissions, contaminant discharges onto  land
26    and   sanitary,   chemical,  and  mineral  quality  of  water
27    distributed by a public water supply.  The Agency  may  enter
28    into  formal  working  agreements  with  other departments or
29    agencies of state government under which all or  portions  of
30    this authority may be delegated to the cooperating department
31    or agency.
32        (o)  The   Agency  shall  have  the  authority  to  issue
33    certificates  of  competency  to  persons  and   laboratories
34    meeting  the  minimum  standards established by the Agency in
 
HB2793 Enrolled            -23-                LRB9106051REmb
 1    accordance with Section 4(n) of this Act  and  to  promulgate
 2    and  enforce  regulations relevant to the issuance and use of
 3    such certificates.  The Agency may enter into formal  working
 4    agreements  with  other  departments  or  agencies  of  state
 5    government  under which all or portions of this authority may
 6    be delegated to the cooperating department or agency.
 7        (p)  Except as provided in Section 17.7, the Agency shall
 8    have the duty to analyze samples as required from each public
 9    water supply to determine  compliance  with  the  contaminant
10    levels  specified by the Pollution Control Board. The maximum
11    number of samples which  the  Agency  shall  be  required  to
12    analyze for microbiological quality shall be 6 per month, but
13    the  Agency  may, at its option, analyze a larger number each
14    month  for  any  supply.  Results  of  sample  analyses   for
15    additional   required   bacteriological  testing,  turbidity,
16    residual chlorine and radionuclides are to be provided to the
17    Agency  in  accordance  with  Section  19.  Owners  of  water
18    supplies may enter into agreements with the Agency to provide
19    for reduced Agency participation in sample analyses.
20        (q)  The Agency  shall  have  the  authority  to  provide
21    notice  to  any  person who may be liable pursuant to Section
22    22.2(f) of this Act for a release or a substantial threat  of
23    a release of a hazardous substance or pesticide.  Such notice
24    shall   include   the   identified  response  action  and  an
25    opportunity for such person to perform the response action.
26        (r)  The  Agency  may  enter  into   written   delegation
27    agreements  with  any unit of local government under which it
28    may delegate all or portions of its inspecting, investigating
29    and enforcement functions.  Such delegation agreements  shall
30    require  that work performed thereunder be in accordance with
31    Agency criteria and subject to Agency review. Notwithstanding
32    any other provision of law to the contrary, no unit of  local
33    government  shall be liable for any injury resulting from the
34    exercise of its  authority  pursuant  to  such  a  delegation
 
HB2793 Enrolled            -24-                LRB9106051REmb
 1    agreement  unless  the  injury  is  proximately caused by the
 2    willful and wanton negligence of an agent or employee of  the
 3    unit  of  local  government,  and  any  policy  of  insurance
 4    coverage issued to a unit of local government may provide for
 5    the  denial  of  liability and the nonpayment of claims based
 6    upon injuries for which the unit of local government  is  not
 7    liable pursuant to this subsection (r).
 8        (s)  The  Agency  shall  have  authority to take whatever
 9    preventive or corrective action is necessary or  appropriate,
10    including   but   not   limited   to  expenditure  of  monies
11    appropriated from the Build Illinois Bond Fund and the  Build
12    Illinois  Purposes  Fund  for  removal  or  remedial  action,
13    whenever  any hazardous substance or pesticide is released or
14    there is a substantial threat of  such  a  release  into  the
15    environment.  The State, the Director, and any State employee
16    shall be indemnified for any damages or injury arising out of
17    or  resulting  from  any  action taken under this subsection.
18    The Director of the Agency is authorized to enter  into  such
19    contracts  and  agreements  as are necessary to carry out the
20    Agency's duties under this subsection.
21        (t)  The  Agency  shall  have  authority  to   distribute
22    grants, subject to appropriation by the General Assembly, for
23    financing    and   construction   of   municipal   wastewater
24    facilities.  With respect to all monies appropriated from the
25    Build Illinois Bond Fund and the Build Illinois Purposes Fund
26    for  wastewater  facility  grants,  the  Agency  shall   make
27    distributions  in  conformity  with the rules and regulations
28    established pursuant to the Anti-Pollution Bond Act,  as  now
29    or hereafter amended.
30        (u)  Pursuant  to  the  Illinois Administrative Procedure
31    Act, the Agency shall have the authority to adopt such  rules
32    as  are  necessary or appropriate for the Agency to implement
33    Section 31.1 of this Act.
34        (v)  (Blank)
 
HB2793 Enrolled            -25-                LRB9106051REmb
 1        (w)  Neither the State, nor the Director, nor the  Board,
 2    nor  any  State  employee  shall be liable for any damages or
 3    injury arising out of or  resulting  from  any  action  taken
 4    under subsection (s) or subsection (v).
 5        (x)(1)  The  Agency  shall  have  authority to distribute
 6    grants, subject to appropriation by the General Assembly,  to
 7    units  of  local government for financing and construction of
 8    public water supply facilities.  With respect to  all  monies
 9    appropriated  from  the Build Illinois Bond Fund or the Build
10    Illinois Purposes Fund for public water supply  grants,  such
11    grants  shall be made in accordance with rules promulgated by
12    the Agency. Such rules shall  include  a  requirement  for  a
13    local  match  of  30%  of the total project cost for projects
14    funded through such grants.
15        (2)  The Agency shall not terminate a grant to a unit  of
16    local government for the financing and construction of public
17    water  supply  facilities  unless and until the Agency adopts
18    rules that set forth precise and complete standards, pursuant
19    to Section 5-20 of the Illinois Administrative Procedure Act,
20    for the termination of such grants.   The  Agency  shall  not
21    make  determinations on whether specific grant conditions are
22    necessary to ensure the integrity of a project or on  whether
23    subagreements  shall  be  awarded, with respect to grants for
24    the  financing  and  construction  of  public  water   supply
25    facilities, unless and until the Agency adopts rules that set
26    forth  precise  and  complete  standards, pursuant to Section
27    5-20 of the Illinois Administrative Procedure Act, for making
28    such determinations. The Agency shall not issue  a  stop-work
29    order  in relation to such grants unless and until the Agency
30    adopts precise and complete standards,  pursuant  to  Section
31    5-20  of  the  Illinois  Administrative  Procedure  Act,  for
32    determining whether to issue a stop-work order.
33        (y)  The  Agency  shall  have  authority  to  release any
34    person  from  further  responsibility   for   preventive   or
 
HB2793 Enrolled            -26-                LRB9106051REmb
 1    corrective   action   under  this  Act  following  successful
 2    completion of preventive or corrective action  undertaken  by
 3    such person upon written request by the person.
 4    (Source: P.A. 88-45; 88-496; 88-690, eff. 1-24-95.)

 5        Section  10.   The State Finance Act is amended by adding
 6    Section 8g and changing Sections 8.20 and 8.25e as follows:

 7        (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
 8        Sec.  8.20.   Appropriations   for   the   ordinary   and
 9    contingent expenses of the Illinois Liquor Control Commission
10    shall  be  paid from the Dram Shop Fund. On August 30 of each
11    fiscal year's license period, an amount of money equal to the
12    number of retail liquor licenses issued for that fiscal  year
13    multiplied  by  $50  shall  be transferred from the Dram Shop
14    Fund and shall be  deposited  in  the  Youth  Alcoholism  and
15    Substance Abuse Prevention Fund.  Beginning June 30, 1990 and
16    on  June  30  of  each  subsequent  year,  any  balance  over
17    $5,000,000  remaining in the Dram Shop Fund shall be credited
18    to State liquor licensees and applied against their fees  for
19    State  liquor  licenses  for  the following year.  The amount
20    credited to each  licensee  shall  be  a  proportion  of  the
21    balance  in  the  Dram  Shop  Fund  that  is  the same as the
22    proportion of the license fee  paid  by  the  licensee  under
23    Section  5-3  of  The  Liquor  Control Act of 1934, as now or
24    hereafter amended, for the period in which  the  balance  was
25    accumulated  to  the  aggregate  fees  paid  by all licensees
26    during that period.
27        In addition to any other permitted use of moneys  in  the
28    Fund,  and  notwithstanding any restriction on the use of the
29    Fund, moneys in the Dram Shop Fund may be transferred to  the
30    General  Revenue Fund as authorized by Public Act 87-14.  The
31    General Assembly finds that an excess of  moneys  existed  in
32    the  Fund  on July 30, 1991, and the Governor's order of July
 
HB2793 Enrolled            -27-                LRB9106051REmb
 1    30,  1991,  requesting  the  Comptroller  and  Treasurer   to
 2    transfer  an amount from the Fund to the General Revenue Fund
 3    is hereby validated.
 4    (Source: P.A. 90-372, eff. 7-1-98.)

 5        (30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
 6        Sec. 8.25e.  (a)  The State  Comptroller  and  the  State
 7    Treasurer  shall  automatically  transfer on the first day of
 8    each month, beginning on February 1, 1988, from  the  General
 9    Revenue  Fund  to  each of the funds then supplemented by the
10    pari-mutuel tax, pursuant to Section 28 of the Illinois Horse
11    Racing Act of 1975, an amount equal  to  (i)  the  amount  of
12    pari-mutuel  tax deposited into such fund during the month in
13    fiscal year 1986 which corresponds  to  the  month  preceding
14    such  transfer,  minus (ii) the amount of pari-mutuel tax (or
15    the replacement transfer authorized by Section 8g(d) of  this
16    Act  and  Section  28.1(d)  of  the Horse Racing Act of 1975)
17    deposited into such fund  during  the  month  preceding  such
18    transfer;  provided,  however, that no transfer shall be made
19    to a fund if such amount for that fund is equal  to  or  less
20    than  zero  and  provided that no transfer shall be made to a
21    fund in any fiscal year after the amount deposited into  such
22    fund  exceeds  the  amount  of pari-mutuel tax deposited into
23    such fund during fiscal year 1986.
24        (b)  The State Comptroller and the State Treasurer  shall
25    automatically  transfer  on  the  last  day  of  each  month,
26    beginning  on  October 1, 1989, from the General Revenue Fund
27    to the Metropolitan Exposition Auditorium and Office Building
28    Fund,  the  amount  of   $2,750,000   plus   any   cumulative
29    deficiencies  in  such  transfers for prior months, until the
30    sum of $16,500,000 has been transferred for the  fiscal  year
31    beginning  July  1, 1989 and until the sum of $22,000,000 has
32    been transferred for each fiscal year thereafter.
33        (c)  After the transfer of funds  from  the  Metropolitan
 
HB2793 Enrolled            -28-                LRB9106051REmb
 1    Exposition  Auditorium  and  Office Building Fund to the Bond
 2    Retirement Fund pursuant to Section 15(b) of the Metropolitan
 3    Civic Center Support Act, the State Comptroller and the State
 4    Treasurer shall automatically transfer on  the  last  day  of
 5    each   month,   beginning   on  October  1,  1989,  from  the
 6    Metropolitan Exposition Auditorium and Office  Building  Fund
 7    to  the  Park  and Conservation Fund the amount of $1,250,000
 8    plus any cumulative deficiencies in such transfers for  prior
 9    months,  until the sum of $7,500,000 has been transferred for
10    the fiscal year beginning July 1, 1989 and until the  sum  of
11    $10,000,000   has  been  transferred  for  each  fiscal  year
12    thereafter.
13    (Source: P.A. 86-44.)

14        (30 ILCS 105/8g new)
15        Sec. 8g. Transfers from General Revenue Fund.
16        (a)  In addition to  any  other  transfers  that  may  be
17    provided  for  by  law, as soon as may be practical after the
18    effective date of this amendatory Act  of  the  91st  General
19    Assembly,  the  State  Comptroller shall direct and the State
20    Treasurer shall transfer the  sum  of  $10,000,000  from  the
21    General  Revenue Fund to the Motor Vehicle License Plate Fund
22    created by Senate Bill 1028 of the 91st General Assembly.
23        (b)  In addition to  any  other  transfers  that  may  be
24    provided  for  by  law, as soon as may be practical after the
25    effective date of this amendatory Act  of  the  91st  General
26    Assembly,  the  State  Comptroller shall direct and the State
27    Treasurer shall transfer the  sum  of  $25,000,000  from  the
28    General Revenue Fund to the Fund for Illinois' Future created
29    by Senate Bill 1066 of the 91st General Assembly.
30        (c)  In  addition  to  any  other  transfers  that may be
31    provided for by law, on  August  30  of  each  fiscal  year's
32    license  period, the Illinois Liquor Control Commission shall
33    direct and the State Comptroller and  State  Treasurer  shall
 
HB2793 Enrolled            -29-                LRB9106051REmb
 1    transfer   from   the  General  Revenue  Fund  to  the  Youth
 2    Alcoholism and Substance  Abuse  Prevention  Fund  an  amount
 3    equal to the number of retail liquor licenses issued for that
 4    fiscal year multiplied by $50.
 5        (d)  The  payments  to programs required under subsection
 6    (d) of Section 28.1 of the Horse Racing Act of 1975 shall  be
 7    made,  pursuant  to  appropriation,  from  the  special funds
 8    referred to in the statutes cited in that subsection,  rather
 9    than directly from the General Revenue Fund.
10        Beginning  January  1,  2000,  on  the  first day of each
11    month, or as soon as may be practical thereafter,  the  State
12    Comptroller  shall  direct  and  the  State  Treasurer  shall
13    transfer from the General Revenue Fund to each of the special
14    funds  from  which  payments  are  to  be  made under Section
15    28.1(d) of the Horse Racing Act of 1975 an  amount  equal  to
16    1/12  of  the  annual amount required for those payments from
17    that special fund, which annual amount shall not  exceed  the
18    annual  amount  for those payments from that special fund for
19    the calendar year 1998.  The special funds to which transfers
20    shall be made under this subsection (d) include, but are  not
21    necessarily  limited  to,  the Agricultural Premium Fund; the
22    Metropolitan Exposition Auditorium and Office Building  Fund;
23    the Fair and Exposition Fund; the Standardbred Breeders Fund;
24    the  Thoroughbred  Breeders  Fund; and the Illinois Veterans'
25    Rehabilitation Fund.

26        Section 15.  The Public Radio and Television Grant Act is
27    amended by changing Sections 2 and 7 as follows:

28        (30 ILCS 745/2) (from Ch. 127, par. 1552)
29        Sec. 2.  Certification process.   Each  eligible  station
30    shall certify to the Illinois Arts Council State Comptroller,
31    in   such  form  and  at  such  time  as  the  Council  State
32    Comptroller shall require, its actual operating cost for  the
 
HB2793 Enrolled            -30-                LRB9106051REmb
 1    prior  fiscal  year.   Upon  acceptance  by the Illinois Arts
 2    Council   State   Comptroller,   such   certification   shall
 3    constitute the basis for grants provided under this Act.
 4    (Source: P.A. 84-1040.)

 5        (30 ILCS 745/7) (from Ch. 127, par. 1557)
 6        Sec. 7.  Required Assurances.  Each eligible station  and
 7    its  station  licensee  shall  certify  to  the Illinois Arts
 8    Council State Comptroller when applying for grant funds under
 9    this Act that any funds received pursuant to  the  provisions
10    of  this  Act  shall  not supplant or cause to be reduced any
11    other sources of funding for such stations, and will be  used
12    solely  for  the benefit of a public broadcasting station and
13    not for general institutional overhead or parent organization
14    expenses.
15    (Source: P.A. 84-1040.)

16        Section 20.  The Liquor Control Act of 1934 is amended by
17    changing Section 5-3 as follows:

18        (235 ILCS 5/5-3) (from Ch. 43, par. 118)
19        Sec. 5-3.  License fees.  Except  as  otherwise  provided
20    herein,  at  the  time  application  is  made  to  the  State
21    Commission  for  a  license of any class, the applicant shall
22    pay to the State Commission the fee hereinafter provided  for
23    the kind of license applied for.
24        The fee for licenses issued by the State Commission shall
25    be as follows:
26        For a manufacturer's license:
27        Class 1. Distiller ...........................     $3,600
28        Class 2. Rectifier ...........................      3,600
29        Class 3. Brewer ..............................        900
30        Class 4. First-class Wine Manufacturer .......        600
31        Class 5. Second-class Second
 
HB2793 Enrolled            -31-                LRB9106051REmb
 1             Class Wine Manufacturer .................      1,200
 2        Class 6. First-class wine-maker ..............        240
 3        Class 7. Second-class wine-maker .............        480
 4        Class 8.  Limited Wine Manufacturer...........        120
 5        For a Brew Pub License .......................      1,050
 6        For a caterer retailer's license..............        200
 7        For a foreign importer's license .............         25
 8        For an importing distributor's license .......         25
 9        For a distributor's license ..................        270
10        For a non-resident dealer's license
11             (500,000 gallons or over) ...............        270
12        For a non-resident dealer's license
13             (under 500,000 gallons) .................         90
14        For a wine-maker's retail license ............        100
15        For a wine-maker's retail license,
16             second location .........................        350
17        For a retailer's license .....................        175
18        For a special event retailer's license,
19             (not-for-profit) ........................         25
20        For a special use permit license,
21             one day only ............................         50
22             2 days or more ..........................        100
23        For a railroad license .......................         60
24        For a boat license ...........................        180
25        For an airplane license, 60 times the
26             licensee's maximum number of aircraft
27             in flight, serving liquor over the
28             State at any given time, which either
29             originate, terminate, or make
30             originates, terminates or makes
31             an intermediate stop in the State .......         60
32        For a non-beverage user's license:
33             Class 1 .................................         24
34             Class 2 .................................         60
 
HB2793 Enrolled            -32-                LRB9106051REmb
 1             Class 3 .................................        120
 2             Class 4 .................................        240
 3             Class 5 .................................        600
 4        For a broker's license .......................        600
 5        For an auction liquor license ................         50
 6        Fees  collected under this Section shall be paid into the
 7    Dram Shop Fund.  Beginning June 30, 1990 and on  June  30  of
 8    each  subsequent  year, any balance over $5,000,000 remaining
 9    in the Dram Shop Fund  shall  be  credited  to  State  liquor
10    licensees  and  applied  against  their fees for State liquor
11    licenses for the following year.  The amount credited to each
12    licensee shall be a proportion of the  balance  in  the  Dram
13    Fund  that  is  the same as the proportion of the license fee
14    paid by the licensee under this Section  for  the  period  in
15    which  the balance was accumulated to the aggregate fees paid
16    by all licensees during that period.
17        No fee shall be paid for licenses  issued  by  the  State
18    Commission to the following non-beverage users:
19             (a)  Hospitals,  sanitariums,  or clinics when their
20        use  of  alcoholic  liquor  is   exclusively   medicinal,
21        mechanical or scientific.
22             (b)  Universities,  colleges  of learning or schools
23        when  their  use  of  alcoholic  liquor  is   exclusively
24        medicinal, mechanical or scientific.
25             (c)  Laboratories  when their use is exclusively for
26        the purpose of scientific research.
27        The  funds  received  from  the  $50  increase   in   the
28    retailer's  license  fee  imposed  by  P.A.  86-983  shall be
29    deposited  in  the  Youth  Alcoholism  and  Substance   Abuse
30    Prevention Fund.
31    (Source:  P.A.  89-250,  eff.  1-1-96;  90-77,  eff.  7-8-97;
32    revised 10-31-98.)

33        Section  25.   The  Illinois  Vehicle  Code is amended by
 
HB2793 Enrolled            -33-                LRB9106051REmb
 1    changing Section 3-623 as follows:

 2        (625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
 3        Sec. 3-623.  Purple Heart Plates.   The  Secretary,  upon
 4    receipt  of an application made in the form prescribed by the
 5    Secretary of State,  may  issue  to  recipients  awarded  the
 6    Purple  Heart  by  a branch of the armed forces of the United
 7    States who reside in Illinois, special  registration  plates.
 8    The  special plates issued pursuant to this Section should be
 9    affixed only to passenger vehicles of  the  1st  division  or
10    motor  vehicles  of  the  2nd division weighing not more than
11    8,000 pounds.
12        The design and color  of  such  plates  shall  be  wholly
13    within the discretion of the Secretary of State.  Appropriate
14    documentation,  as  determined  by  the  Secretary,  and  the
15    standard  registration  fee  shall accompany the application.
16    However, for an individual who has been issued  Purple  Heart
17    plates for a vehicle and who has claimed and received a grant
18    under  the  Senior Citizens and Disabled Persons Property Tax
19    Relief and Pharmaceutical Assistance Act, shall  pay  50%  of
20    the  original  issuance  fee  and  regular annual fee for the
21    registration of the vehicle shall be as provided  in  Section
22    3-806.3 of this Code.
23    (Source: P.A. 89-98, eff. 1-1-96.)

24        Section  30.   If and only if House Bill 1383 of the 91st
25    General  Assembly  becomes  law,   the   Wireless   Emergency
26    Telephone  Safety  Act is amended by changing Sections 20 and
27    30 as follows:

28        (91HB1383enr, Sec. 20)
29        Sec. 20.  Wireless Service  Emergency  Fund;  uses.   The
30    Wireless  Service Emergency Fund is created as a special fund
31    in the State treasury.  Subject to appropriation,  moneys  in
 
HB2793 Enrolled            -34-                LRB9106051REmb
 1    the  Wireless  Service  Emergency  Fund  may only be used for
 2    grants  for  emergency  telephone  system  boards,  qualified
 3    government entities, or the Department of State  Police,  and
 4    for  reimbursement  of  the Communications Revolving Fund for
 5    administrative costs incurred by the  Department  of  Central
 6    Management  Services  related  to  administering the program.
 7    These grants may be used only for the design, implementation,
 8    operation, maintenance,  or  upgrade  of  wireless  9-1-1  or
 9    E9-1-1 emergency services and public safety answering points,
10    and for no other purposes.
11        The  moneys  received  by  the Department of State Police
12    from the Wireless Service Emergency Fund, in any year, may be
13    used for any costs relating to the leasing, modification,  or
14    maintenance  of  any  building  or  facility  used  to  house
15    personnel  or  equipment  associated  with  the  operation of
16    wireless 9-1-1 or  wireless  E9-1-1  emergency  services,  to
17    ensure  service in those areas where service is not otherwise
18    provided.
19        Moneys from the Wireless Service Emergency Fund  may  not
20    be  used  to  pay  for  or  recover any costs associated with
21    public safety agency equipment  or  personnel  dispatched  in
22    response  to  wireless  9-1-1  or  wireless  E9-1-1 emergency
23    calls.
24    (Source: 91HB1383enr.)

25        (91HB1383enr, Sec. 30)
26        Sec. 30.  Wireless Carrier Reimbursement Fund; uses.  The
27    Wireless Carrier Reimbursement Fund is created as  a  special
28    fund  in  the State treasury.  Moneys in the Wireless Carrier
29    Reimbursement Fund may be  used,  subject  to  appropriation,
30    only  to  reimburse  wireless carriers for all of their costs
31    incurred in  complying  with  the  applicable  provisions  of
32    Federal  Communications  Commission  wireless  enhanced 9-1-1
33    service mandates, and for reimbursement of the Communications
 
HB2793 Enrolled            -35-                LRB9106051REmb
 1    Revolving Fund  for  administrative  costs  incurred  by  the
 2    Department   of   Central   Management  Services  related  to
 3    administering the program.  This reimbursement  may  include,
 4    but need not be limited to, the cost of designing, upgrading,
 5    purchasing,  leasing,  programming,  installing, testing, and
 6    maintaining  necessary  data,  hardware,  and  software   and
 7    associated operating and administrative costs and overhead.
 8    (Source: 91HB1383enr.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law, except that Section 30 takes effect no  earlier
11    than  the  effective  date  of  House  Bill  1383 of the 91st
12    General Assembly.

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