State of Illinois
91st General Assembly
Legislation

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[ Senate Amendment 001 ]

91_HB2793ccr001

 
                                           LRB9106051REgcccr1

 1                        91ST GENERAL ASSEMBLY
 2                     CONFERENCE COMMITTEE REPORT
 3                         ON HOUSE BILL 2793
 4    -------------------------------------------------------------
 5    -------------------------------------------------------------

 6        To the President of the Senate and  the  Speaker  of  the
 7    House of Representatives:
 8        We,  the  conference  committee appointed to consider the
 9    differences  between  the  houses  in  relation   to   Senate
10    Amendment No. 1 to House Bill 2793, recommend the following:
11    (1)  that the Senate recede from Senate Amendment No. 1; and
12    (2)  that  House  Bill 2793 be amended by replacing the title
13    with the following:
14        "AN ACT in relation to  the  fiscal  operation  of  State
15    government."; and

16    by  replacing  everything  after the enacting clause with the
17    following:

18        "Section 3.  The Civil Administrative Code of Illinois is
19    amended by changing Sections  9,  9.02,  9.03,  9.05,  9.05a,
20    9.07,  9.08, 9.09, 9.10, 9.11, 9.11a, 9.12, 9.15, 9.16, 9.17,
21    9.18, 9.19,  9.21,  9.22,  9.24,  9.25,  9.30,  and  9.31  as
22    follows:

23        (20 ILCS 5/9) (from Ch. 127, par. 9)
24        Sec.  9. The executive and administrative officers, whose
25    offices are created by this Act, must have the qualifications
26    prescribed by law and shall receive annual salaries,  payable
27    in  equal monthly installments as designated in Sections 9.01
28    through 9.31 9.25. If  set  by  the  Governor,  those  annual
29    salaries may not exceed 85% of the Governor's annual salary.
30    (Source: P.A. 81-1516.)

31        (20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
 
                            -2-            LRB9106051REgcccr1
 1        Sec. 9.02. In the Department of Agriculture. The Director
 2    of  Agriculture  shall receive an annual salary as set by the
 3    Governor from time to time $38,500 from the third  Monday  in
 4    January,  1979  to the third Monday in January, 1980; $40,800
 5    from the third Monday in January, 1980 to the third Monday in
 6    January, 1981, and  $43,000  thereafter  or  as  set  by  the
 7    Compensation Review Board, whichever is greater;
 8        The  Assistant  Director  of Agriculture shall receive an
 9    annual salary as set  by  the  Governor  from  time  to  time
10    $33,000  from  the third Monday in January, 1979 to the third
11    Monday in January, 1980; $34,900 from  the  third  Monday  in
12    January,  1980  to  the  third  Monday  in  January, 1981 and
13    $37,000 thereafter or  as  set  by  the  Compensation  Review
14    Board, whichever is greater.
15    (Source: P.A. 83-1177.)

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

10        (20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
11        Sec.  9.05.  In  the  Department  of  Transportation. The
12    Secretary of Transportation shall receive an annual salary as
13    set by the Governor from time to time $48,400 from the  third
14    Monday in January, 1979 to the third Monday in January, 1980;
15    $51,300  from  the third Monday in January, 1980 to the third
16    Monday in January, 1981, and $52,000 thereafter or as set  by
17    the Compensation Review Board, whichever is greater;
18        The  assistant  Secretary of Transportation shall receive
19    an annual salary as set by the Governor  from  time  to  time
20    $38,500  from  the third Monday in January, 1979 to the third
21    Monday in January, 1980; $40,800 from  the  third  Monday  in
22    January,  1980  to  the  third  Monday  in January, 1981, and
23    $43,000 thereafter or  as  set  by  the  Compensation  Review
24    Board, whichever is greater.
25    (Source: P.A. 83-1177.)

26        (20 ILCS 5/9.05a)
27        Sec.  9.05a.   In  the Department of Human Services.  The
28    Secretary of Human Services shall receive an annual salary as
29    set by the Governor from time to time  equal  to  the  salary
30    payable to the Director of Corrections under Section 9.11a of
31    this  Code,  or  such  other  amount  as  may  be  set by the
32    Compensation Review Board, whichever is greater.
33        The Assistant Secretaries of Human  Services  shall  each
 
                            -4-            LRB9106051REgcccr1
 1    receive  an annual salary as set by the Governor from time to
 2    time equal to the salary payable to an Assistant Director  of
 3    Public  Aid  under  Section  9.17 of this Code, or such other
 4    amount as may  be  set  by  the  Compensation  Review  Board,
 5    whichever is greater.
 6    (Source: P.A. 89-507, eff. 7-1-97.)

 7        (20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
 8        Sec.  9.07.  In  the  Department  of  Public  Health. The
 9    Director of Public Health shall receive an annual  salary  as
10    set  by the Governor from time to time $48,400 from the third
11    Monday in January, 1979 to the third Monday in January, 1980;
12    $51,300 from the third Monday in January, 1980 to  the  third
13    Monday  in January, 1981, and $52,000 thereafter or as set by
14    the Compensation Review Board, whichever is greater;
15        The Assistant Director of Public Health shall receive  an
16    annual  salary  as  set  by  the  Governor  from time to time
17    $35,200 from the third Monday in January, 1979 to  the  third
18    Monday  in  January,  1980;  $37,300 from the third Monday in
19    January, 1980 to the third Monday in January,  1981;  $39,500
20    from the third Monday in January, 1981 to the third Monday in
21    January,  1982,  and  $40,000  thereafter  or  as  set by the
22    Compensation Review Board, whichever is greater.
23    (Source: P.A. 83-1177.)

24        (20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
25        Sec. 9.08. In the Department of Professional  Regulation.
26    The  Director  of  Professional  Regulation  shall receive an
27    annual salary as set  by  the  Governor  from  time  to  time
28    $35,200  from  the third Monday in January, 1979 to the third
29    Monday in January, 1980; $37,300 from  the  third  Monday  in
30    January,  1980  to  the  third  Monday  in  January, 1981 and
31    $44,000 thereafter or  as  set  by  the  Compensation  Review
32    Board, whichever is greater.
33    (Source: P.A. 85-225.)
 
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 1        (20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
 2        Sec.  9.09.  In the Department of Natural Resources.  The
 3    Director of Natural Resources shall continue to  receive  the
 4    annual  salary  set  by  law for the Director of Conservation
 5    until January 20, 1997.  Beginning on that date, the Director
 6    of Natural Resources shall receive an annual salary as set by
 7    the Governor from time to time of $40,000 or the  amount  set
 8    by the Compensation Review Board, whichever is greater.
 9        The   Assistant   Director  of  Natural  Resources  shall
10    continue to receive the annual salary  set  by  law  for  the
11    Assistant  Director  of  Conservation until January 20, 1997.
12    Beginning on that date, the  Assistant  Director  of  Natural
13    Resources  shall  receive  an  annual  salary  as  set by the
14    Governor from time to time of $33,000 or the  amount  set  by
15    the Compensation Review Board, whichever is greater.
16    (Source: P.A. 89-445, eff. 2-7-96.)

17        (20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
18        Sec.  9.10.  In the Department of Insurance. The Director
19    of Insurance shall receive an annual salary  as  set  by  the
20    Governor  from  time to time $38,500 from the third Monday in
21    January, 1979 to the third Monday in January,  1980;  $40,800
22    from the third Monday in January, 1980 to the third Monday in
23    January,  1981,  and  $43,000  thereafter  or  as  set by the
24    Compensation Review Board, whichever is greater;
25        The Assistant Director  of  Insurance  shall  receive  an
26    annual  salary  as  set  by  the  Governor  from time to time
27    $30,800 from the third Monday in January, 1979 to  the  third
28    Monday  in  January,  1980;  $32,600 from the third Monday in
29    January, 1980 to the third Monday in January,  1981;  $34,600
30    from the third Monday in January, 1981 to the third Monday in
31    January,  1982,  and  $36,000  thereafter  or  as  set by the
32    Compensation Review Board, whichever is greater.
33    (Source: P.A. 83-1177.)
 
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 1        (20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
 2        Sec. 9.11.   In  the  Department  of  State  Police.  The
 3    Director  of  State  Police shall receive an annual salary as
 4    set by the Governor from time to time $41,800 from the  third
 5    Monday in January, 1979 to the third Monday in January, 1980;
 6    $44,300  from  the third Monday in January, 1980 to the third
 7    Monday in January, 1981, and $46,000 thereafter or as set  by
 8    the Compensation Review Board, whichever is greater;
 9        The  Assistant  Director of State Police shall receive an
10    annual salary as set  by  the  Governor  from  time  to  time
11    $35,200  from  the third Monday in January, 1979 to the third
12    Monday in January, 1980; $37,300 from  the  third  Monday  in
13    January,  1980  to  the  third  Monday  in January, 1981, and
14    $39,000 thereafter or  as  set  by  the  Compensation  Review
15    Board, whichever is greater.
16    (Source: P.A. 84-25; 84-832.)

17        (20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
18        Sec.  9.11a.  In  the  Department  of  Corrections.   The
19    Director of Corrections shall receive an annual salary as set
20    by the Governor from time to time of $85,000 or as set by the
21    Compensation Review Board, whichever is greater.
22        The Assistant Director of Corrections - Juvenile 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        The  Assistant Director of Corrections - Adult Division -
30    shall receive an annual salary as set by  the  Governor  from
31    time  to  time $35,200 from the third Monday in January, 1979
32    to the third Monday in January, 1980; $37,300 from the  third
33    Monday in January, 1980 to the third Monday in January, 1981,
34    and  $39,000  thereafter or as set by the Compensation Review
 
                            -7-            LRB9106051REgcccr1
 1    Board, whichever is greater.
 2    (Source: P.A. 87-1216.)

 3        (20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
 4        Sec. 9.12.  In the Department of Revenue. The Director of
 5    Revenue shall receive an annual salary as set by the Governor
 6    from time to time $41,800 from the third Monday  in  January,
 7    1979  to  the third Monday in January, 1980; $44,300 from the
 8    third Monday in January, 1980 to the third Monday in January,
 9    1981, and $46,000 thereafter or as set  by  the  Compensation
10    Review Board, whichever is greater;
11        The Assistant Director of Revenue shall receive an annual
12    salary  as set by the Governor from time to time $35,200 from
13    the third Monday in January, 1979  to  the  third  Monday  in
14    January, 1980; $37,300 from the third Monday in January, 1980
15    to  the third Monday in January, 1981, and $39,000 thereafter
16    or as set by the  Compensation  Review  Board,  whichever  is
17    greater.
18        Beginning July 1, 1990, the annual salary of the Taxpayer
19    Ombudsman  shall  be  the  greater  of  an  amount set by the
20    Compensation Review Board or $69,000, adjusted  each  July  1
21    thereafter by a percentage increase equivalent to that of the
22    "Employment Cost Index, Wages and Salaries, By Occupation and
23    Industry Groups:  State and Local Government Workers:  Public
24    Administration"   as   published   by  the  Bureau  of  Labor
25    Statistics of the U.S. Department of Labor for  the  calendar
26    year  immediately  preceding  the year of the respective July
27    1st increase date, such increase to be no less than zero  nor
28    greater than five percent and to be added to the then current
29    annual salary.
30    (Source: P.A. 86-1338)

31        (20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
32        Sec.  9.15.  In the Department of Financial Institutions.
33    The Director  of  Financial  Institutions  shall  receive  an
 
                            -8-            LRB9106051REgcccr1
 1    annual  salary  as  set  by  the  Governor  from time to time
 2    $38,500 from the third Monday in January, 1979 to  the  third
 3    Monday  in  January,  1980;  $40,800 from the third Monday in
 4    January, 1980 to the  third  Monday  in  January,  1981,  and
 5    $43,000  thereafter  or  as  set  by  the Compensation Review
 6    Board, whichever is greater;
 7        The Assistant Director of  Financial  Institutions  shall
 8    receive  an annual salary as set by the Governor from time to
 9    time $33,000 from the third Monday in January,  1979  to  the
10    third  Monday in January, 1980; $34,900 from the third Monday
11    in January, 1980 to the third Monday  in  January  1981,  and
12    $37,000  thereafter  or  as  set  by  the Compensation Review
13    Board, whichever is greater.
14    (Source: P.A. 83-1177.)

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

22        (20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
23        Sec.  9.17. In the Department of Public Aid. The Director
24    of Public Aid shall receive an annual salary as  set  by  the
25    Governor  from  time to time $48,400 from the third Monday in
26    January, 1979 to the third Monday in January,  1980;  $51,300
27    from the third Monday in January, 1980 to the third Monday in
28    January,  1981,  and  $52,000  thereafter  or  as  set by the
29    Compensation Review Board, whichever is greater;
30        The Assistant Director of Public  Aid  shall  receive  an
31    annual  salary  as  set  by  the  Governor  from time to time
32    $35,200 from the third Monday in January, 1979 to  the  third
33    Monday  in  January,  1980;  $37,300 from the third Monday in
 
                            -9-            LRB9106051REgcccr1
 1    January, 1980 to the third Monday in January,  1981;  $39,500
 2    from the third Monday in January, 1981 to the third Monday in
 3    January,  1982,  and   $40,000  thereafter  or  as set by the
 4    Compensation Review Board, whichever is greater.
 5    (Source: P.A. 83-1177.)

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

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

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

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

28        (20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
29        Sec. 9.24.  The Director of Human Rights shall receive an
30    annual salary as set  by  the  Governor  from  time  to  time
31    $44,000 or as set by the Compensation Review Board, whichever
32    is greater.
 
                            -11-           LRB9106051REgcccr1
 1    (Source: P.A. 83-1177.)

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

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

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

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

25        (20 ILCS 301/50-25)
26        Sec.  50-25.   Youth  Alcoholism  and   Substance   Abuse
27    Prevention  Fund.   There  is  hereby  created  in  the State
28    treasury a special Fund to be known as the  Youth  Alcoholism
29    and   Substance   Abuse  Prevention  Fund.   There  shall  be
30    deposited into this Fund such monies as may be received  from
 
                            -12-           LRB9106051REgcccr1
 1    the $50 increase in the alcoholic beverage retailer's license
 2    fee  imposed  by  P.A.  86-983.  Monies in this Fund shall be
 3    appropriated to the Department and expended for  the  purpose
 4    of  helping support and establish community based alcohol and
 5    other drug abuse prevention programs.
 6    (Source: P.A. 88-80.)

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

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

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

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

29        (20 ILCS 1805/17) (from Ch. 129, par. 220.17)
30        Sec.   17.    The  Adjutant  General  and  the  Assistant
 
                            -13-           LRB9106051REgcccr1
 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
33    Commissioners  of  the  Office of Banks and Real Estate shall
 
                            -14-           LRB9106051REgcccr1
 1    receive the annual salaries provided by  law  for  the  First
 2    Deputy  Commissioner  and  Deputy  Commissioners of Banks and
 3    Trust Companies, respectively, until the General Assembly  or
 4    the  Compensation  Review  Board establishes salaries for the
 5    First Deputy Commissioner and  Deputy  Commissioners  of  the
 6    Office of Banks and Real Estate.
 7    (Source: P.A. 89-508, eff. 7-3-96.)

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

10        (20 ILCS 3305/5) (from Ch. 127, par. 1055)
11        Sec. 5.  Illinois Emergency Management Agency.
12        (a)  There is created within the executive branch of  the
13    State  Government an Illinois Emergency Management Agency and
14    a Director  of  the  Illinois  Emergency  Management  Agency,
15    herein  called  the "Director" who shall be the head thereof.
16    The Director shall be appointed by  the  Governor,  with  the
17    advice  and consent of the Senate, and shall serve for a term
18    of 2 years beginning on the third Monday in  January  of  the
19    odd-numbered  year,  and until his successor is appointed and
20    has qualified; except that the term  of  the  first  Director
21    appointed  under this Act shall expire on the third Monday in
22    January,  1989.   The  Director  shall  not  hold  any  other
23    remunerative public office. The  Director  shall  receive  an
24    annual  salary  as  set  by the Governor from time to time of
25    $70,197 or the amount set by the Compensation  Review  Board,
26    whichever  is  higher. If set by the Governor, the Director's
27    annual salary may not exceed 85%  of  the  Governor's  annual
28    salary.
29        (b)  The   Illinois  Emergency  Management  Agency  shall
30    obtain,  under  the  provisions  of   the   Personnel   Code,
31    technical,  clerical,  stenographic  and other administrative
32    personnel, and may make expenditures within the appropriation
33    therefor as may be necessary to carry out the purpose of this
 
                            -15-           LRB9106051REgcccr1
 1    Act.  The agency created by this Act  is  intended  to  be  a
 2    successor  to the agency created under the Illinois Emergency
 3    Services and Disaster Agency Act of 1975 and  the  personnel,
 4    equipment,  records,  and  appropriations  of that agency are
 5    transferred to the successor agency as of the effective  date
 6    of this Act.
 7        (c)  The  Director,  subject to the direction and control
 8    of the Governor, shall be the executive head of the  Illinois
 9    Emergency  Management Agency and the State Emergency Response
10    Commission and shall be responsible under  the  direction  of
11    the  Governor,  for  carrying  out  the program for emergency
12    management of this State.  He shall also maintain liaison and
13    cooperate with the emergency management organizations of this
14    State and other states and of the federal government.
15        (d)  The Illinois Emergency Management Agency shall  take
16    an integral part in the development and revision of political
17    subdivision   emergency   operations   plans  prepared  under
18    paragraph (f) of Section 10.  To this end it shall employ  or
19    otherwise  secure  the services of professional and technical
20    personnel capable  of  providing  expert  assistance  to  the
21    emergency  services  and  disaster agencies.  These personnel
22    shall consult with emergency services and  disaster  agencies
23    on  a  regular basis and shall make field examinations of the
24    areas,  circumstances,   and   conditions   that   particular
25    political subdivision emergency operations plans are intended
26    to apply, and may recommend revisions under State rules.
27        (e)  The   Illinois    Emergency  Management  Agency  and
28    political  subdivisions  shall  be  encouraged  to  form   an
29    emergency  management  advisory committee composed of private
30    and public personnel representing  the  emergency  management
31    phases of mitigation, preparedness, response, and recovery.
32        (f)  The Illinois Emergency Management Agency shall:
33             (1)  Coordinate  the  overall  emergency  management
34        program of the State.
35             (2)  Cooperate  with  local governments, the federal
 
                            -16-           LRB9106051REgcccr1
 1        government and any public or private agency or entity  in
 2        achieving  any  purpose  of  this Act and in implementing
 3        emergency    management    programs    for    mitigation,
 4        preparedness, response, and recovery.
 5             (3)  Prepare,  for   issuance   by   the   Governor,
 6        executive   orders,  proclamations,  and  regulations  as
 7        necessary or appropriate in coping with disasters.
 8             (4)  Promulgate rules and requirements for political
 9        subdivision emergency  operations  plans,  in  accordance
10        with federal guidelines.
11             (5)  Review    political    subdivision    emergency
12        operations  plans  and  recommend  revisions  under State
13        rules.
14             (6)  Determine requirements of  the  State  and  its
15        political  subdivisions  for  food,  clothing,  and other
16        necessities in event of a disaster.
17             (7)  Establish a register of persons with  types  of
18        emergency  management  training and skills in mitigation,
19        preparedness, response, and recovery.
20             (8)  Establish a register of government and  private
21        response resources available for use in a disaster.
22             (9)  Expand the Earthquake Awareness Program and its
23        efforts  to  distribute earthquake preparedness materials
24        to schools,  political  subdivisions,  community  groups,
25        civic  organizations,  and  the  media.  Emphasis will be
26        placed on those areas of the State most at risk  from  an
27        earthquake.   Maintain  the list of all school districts,
28        hospitals,  airports,  power  plants,  including  nuclear
29        power plants, lakes, dams, emergency response  facilities
30        of  all  types,  and  all  other  major public or private
31        structures which are at the greatest risk of damage  from
32        earthquakes  under  circumstances  where the damage would
33        cause subsequent harm to the surrounding communities  and
34        residents.
35             (10)  Disseminate  all  information,  completely and
 
                            -17-           LRB9106051REgcccr1
 1        without delay, on water levels for rivers and streams and
 2        any other data pertaining to potential flooding  supplied
 3        by  the Division of Water Resources within the Department
 4        of Natural Resources to all political subdivisions to the
 5        maximum extent possible.
 6             (11)  Develop agreements  with  medical  supply  and
 7        equipment  firms  to supply resources as are necessary to
 8        respond to an earthquake or any other disaster as defined
 9        in this Act.  These resources will be made available upon
10        notifying the vendor of the disaster.   Payment  for  the
11        resources  will  be  in accordance with Section 7 of this
12        Act.  The Illinois  Department  of  Public  Health  shall
13        determine which resources will be required and requested.
14             (12)  Do  all  other things necessary, incidental or
15        appropriate for the implementation of this Act.
16    (Source: P.A. 89-445, eff. 2-7-96; 89-703, eff. 1-17-97.)

17        Section 9.  The Environmental Protection Act  is  amended
18    by changing Section 4 as follows:

19        (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
20        Sec.  4.  Environmental Protection Agency; establishment;
21    duties.
22        (a)  There is established in the Executive Branch of  the
23    State  Government  an agency to be known as the Environmental
24    Protection Agency. This Agency shall be under the supervision
25    and direction of a Director who shall  be  appointed  by  the
26    Governor  with the advice and consent of the Senate. The term
27    of office of the Director shall expire on the third Monday of
28    January in odd numbered years provided that he shall hold his
29    office until his successor is appointed  and  qualified.  The
30    Director  shall  receive  an  annual  salary  as  set  by the
31    Governor from time to time of $38,500 from the  third  Monday
32    in  January,  1979  to  the  third  Monday  in January, 1980;
33    $40,800 from the third Monday in January, 1980 to  the  third
 
                            -18-           LRB9106051REgcccr1
 1    Monday in January, 1981, and $43,000 thereafter, or as set by
 2    the  Compensation  Review Board, whichever is greater. If set
 3    by the Governor, the Director's annual salary may not  exceed
 4    85%  of the Governor's annual salary. The Director, in accord
 5    with  the  Personnel  Code,  shall  employ  and  direct  such
 6    personnel, and shall provide for such  laboratory  and  other
 7    facilities,  as may be necessary to carry out the purposes of
 8    this Act. In addition, the Director may by  agreement  secure
 9    such  services  as  he  may  deem  necessary  from  any other
10    department, agency, or unit of the State Government, and  may
11    employ   and   compensate   such  consultants  and  technical
12    assistants as may be required.
13        (b)  The Agency  shall  have  the  duty  to  collect  and
14    disseminate  such  information,  acquire such technical data,
15    and conduct such experiments as may be required to carry  out
16    the  purposes  of  this  Act,  including ascertainment of the
17    quantity and nature of discharges from any contaminant source
18    and data on those sources, and to operate and arrange for the
19    operation of devices  for  the  monitoring  of  environmental
20    quality.
21        (c)  The Agency shall have authority to conduct a program
22    of   continuing  surveillance  and  of  regular  or  periodic
23    inspection  of  actual  or  potential  contaminant  or  noise
24    sources, of public water supplies,  and  of  refuse  disposal
25    sites.
26        (d)  In  accordance  with constitutional limitations, the
27    Agency shall have authority to enter at all reasonable  times
28    upon any private or public property for the purpose of:
29        (1)  Inspecting  and  investigating to ascertain possible
30    violations of the Act or of  regulations  thereunder,  or  of
31    permits or terms or conditions thereof; or
32        (2)  In  accordance  with  the  provisions  of  this Act,
33    taking whatever preventive or  corrective  action,  including
34    but  not  limited  to  removal  or  remedial  action, that is
35    necessary or appropriate whenever there is  a  release  or  a
 
                            -19-           LRB9106051REgcccr1
 1    substantial  threat of a release of (A) a hazardous substance
 2    or pesticide or (B) petroleum  from  an  underground  storage
 3    tank.
 4        (e)  The  Agency  shall  have  the  duty  to  investigate
 5    violations  of this Act or of regulations adopted thereunder,
 6    or of permits  or  terms  or  conditions  thereof,  to  issue
 7    administrative  citations as provided in Section 31.1 of this
 8    Act, and to  take  such  summary  enforcement  action  as  is
 9    provided for by Section 34 of this Act.
10        (f)  The  Agency  shall  appear  before  the Board in any
11    hearing upon a petition for variance, the denial of a permit,
12    or the validity or effect of a  rule  or  regulation  of  the
13    Board,  and  shall  have  the  authority to appear before the
14    Board in any hearing under the Act.
15        (g)  The Agency shall have the  duty  to  administer,  in
16    accord   with   Title   X   of  this  Act,  such  permit  and
17    certification systems as may be established by this Act or by
18    regulations adopted thereunder. The  Agency  may  enter  into
19    written delegation agreements with any department, agency, or
20    unit of State or local government under which all or portions
21    of this duty may be delegated for public water supply storage
22    and   transport  systems,  sewage  collection  and  transport
23    systems, air  pollution  control  sources  with  uncontrolled
24    emissions  of  100  tons  per year or less and application of
25    algicides to waters of the State.  Such delegation agreements
26    will require that the work to be performed thereunder will be
27    in accordance with Agency criteria, subject to Agency review,
28    and shall include such financial and program auditing by  the
29    Agency as may be required.
30        (h)  The  Agency  shall  have  authority  to  require the
31    submission of complete  plans  and  specifications  from  any
32    applicant for a permit required by this Act or by regulations
33    thereunder,  and  to  require  the submission of such reports
34    regarding actual or potential violations of  the  Act  or  of
35    regulations  thereunder, or of permits or terms or conditions
 
                            -20-           LRB9106051REgcccr1
 1    thereof, as may be necessary for purposes of this Act.
 2        (i)  The   Agency   shall   have   authority   to    make
 3    recommendations  to the Board for the adoption of regulations
 4    under Title VII of the Act.
 5        (j)  The Agency shall have  the  duty  to  represent  the
 6    State of Illinois in any and all matters pertaining to plans,
 7    procedures,  or negotiations for interstate compacts or other
 8    governmental   arrangements   relating    to    environmental
 9    protection.
10        (k)  The  Agency  shall  have  the  authority  to accept,
11    receive, and administer on behalf of the  State  any  grants,
12    gifts,  loans,  indirect  cost reimbursements, or other funds
13    made available to the State from any source for  purposes  of
14    this  Act or for air or water pollution control, public water
15    supply, solid  waste  disposal,  noise  abatement,  or  other
16    environmental  protection  activities,  surveys, or programs.
17    Any federal funds received by the  Agency  pursuant  to  this
18    subsection  shall be deposited in a trust fund with the State
19    Treasurer and held and disbursed by him  in  accordance  with
20    Treasurer  as  Custodian  of  Funds  Act,  provided that such
21    monies shall be used only for the purposes for which they are
22    contributed and any balance remaining shall  be  returned  to
23    the contributor.
24        The  Agency  is authorized to promulgate such regulations
25    and enter into such contracts as it may  deem  necessary  for
26    carrying out the provisions of this subsection.
27        (l)  The  Agency  is hereby designated as water pollution
28    agency for the state for all purposes of  the  Federal  Water
29    Pollution Control Act, as amended; as implementing agency for
30    the  State  for  all purposes of the Safe Drinking Water Act,
31    Public Law  93-523,  as  now  or  hereafter  amended,  except
32    Section  1425  of  that  Act; as air pollution agency for the
33    state for all purposes of the Clean Air Act of  1970,  Public
34    Law  91-604,  approved  December 31, 1970, as amended; and as
35    solid waste agency for the state  for  all  purposes  of  the
 
                            -21-           LRB9106051REgcccr1
 1    Solid Waste Disposal Act, Public Law 89-272, approved October
 2    20,  1965,  and amended by the Resource Recovery Act of 1970,
 3    Public Law 91-512, approved October 26, 1970, as amended, and
 4    amended by the Resource  Conservation  and  Recovery  Act  of
 5    1976, (P.L. 94-580) approved October 21, 1976, as amended; as
 6    noise  control  agency  for the state for all purposes of the
 7    Noise Control  Act  of  1972,  Public  Law  92-574,  approved
 8    October  27, 1972, as amended; and as implementing agency for
 9    the State for all purposes of the Comprehensive Environmental
10    Response, Compensation,  and  Liability  Act  of  1980  (P.L.
11    96-510),  as  amended;  and  otherwise  as  pollution control
12    agency for the State pursuant to federal laws integrated with
13    the foregoing laws, for financing purposes or otherwise.  The
14    Agency  is  hereby authorized to take all action necessary or
15    appropriate to secure to  the  State  the  benefits  of  such
16    federal  Acts, provided that the Agency shall transmit to the
17    United States without change any  standards  adopted  by  the
18    Pollution Control Board pursuant to Section 5(c) of this Act.
19    This  subsection  (l)  of Section 4 shall not be construed to
20    bar or  prohibit  the  Environmental  Protection  Trust  Fund
21    Commission  from  accepting, receiving, and  administering on
22    behalf of the State any grants, gifts, loans or  other  funds
23    for   which  the  Commission  is  eligible  pursuant  to  the
24    Environmental Protection Trust Fund Act. The Agency is hereby
25    designated  as  the  State  agency  for   all   purposes   of
26    administering  the requirements of Section 313 of the federal
27    Emergency Planning and Community Right-to-Know Act of 1986.
28        Any municipality, sanitary district, or  other  political
29    subdivision, or any Agency of the State or interstate Agency,
30    which  makes  application  for  loans  or  grants  under such
31    federal Acts shall notify the Agency of such application; the
32    Agency may participate  in  proceedings  under  such  federal
33    Acts.
34        (m)  The  Agency  shall  have  authority, consistent with
35    Section 5(c) and  other  provisions  of  this  Act,  and  for
 
                            -22-           LRB9106051REgcccr1
 1    purposes  of  Section  303(e)  of the Federal Water Pollution
 2    Control Act, as  now  or  hereafter  amended,  to  engage  in
 3    planning  processes  and  activities  and to develop plans in
 4    cooperation with units of local  government,  state  agencies
 5    and  officers,  and  other  appropriate persons in connection
 6    with the jurisdiction or duties of each  such  unit,  agency,
 7    officer  or  person.  Public  hearings  shall  be held on the
 8    planning process, at which any person shall be  permitted  to
 9    appear  and  be  heard,  pursuant  to  procedural regulations
10    promulgated by the Agency.
11        (n)  In accordance with the  powers  conferred  upon  the
12    Agency  by  Sections  10(g),  13(b), 19, 22(d) and 25 of this
13    Act, the Agency shall have authority to establish and enforce
14    minimum standards for the operation of laboratories  relating
15    to  analyses  and  laboratory  tests for air pollution, water
16    pollution, noise emissions, contaminant discharges onto  land
17    and   sanitary,   chemical,  and  mineral  quality  of  water
18    distributed by a public water supply.  The Agency  may  enter
19    into  formal  working  agreements  with  other departments or
20    agencies of state government under which all or  portions  of
21    this authority may be delegated to the cooperating department
22    or agency.
23        (o)  The   Agency  shall  have  the  authority  to  issue
24    certificates  of  competency  to  persons  and   laboratories
25    meeting  the  minimum  standards established by the Agency in
26    accordance with Section 4(n) of this Act  and  to  promulgate
27    and  enforce  regulations relevant to the issuance and use of
28    such certificates.  The Agency may enter into formal  working
29    agreements  with  other  departments  or  agencies  of  state
30    government  under which all or portions of this authority may
31    be delegated to the cooperating department or agency.
32        (p)  Except as provided in Section 17.7, the Agency shall
33    have the duty to analyze samples as required from each public
34    water supply to determine  compliance  with  the  contaminant
35    levels  specified by the Pollution Control Board. The maximum
 
                            -23-           LRB9106051REgcccr1
 1    number of samples which  the  Agency  shall  be  required  to
 2    analyze for microbiological quality shall be 6 per month, but
 3    the  Agency  may, at its option, analyze a larger number each
 4    month  for  any  supply.  Results  of  sample  analyses   for
 5    additional   required   bacteriological  testing,  turbidity,
 6    residual chlorine and radionuclides are to be provided to the
 7    Agency  in  accordance  with  Section  19.  Owners  of  water
 8    supplies may enter into agreements with the Agency to provide
 9    for reduced Agency participation in sample analyses.
10        (q)  The Agency  shall  have  the  authority  to  provide
11    notice  to  any  person who may be liable pursuant to Section
12    22.2(f) of this Act for a release or a substantial threat  of
13    a release of a hazardous substance or pesticide.  Such notice
14    shall   include   the   identified  response  action  and  an
15    opportunity for such person to perform the response action.
16        (r)  The  Agency  may  enter  into   written   delegation
17    agreements  with  any unit of local government under which it
18    may delegate all or portions of its inspecting, investigating
19    and enforcement functions.  Such delegation agreements  shall
20    require  that work performed thereunder be in accordance with
21    Agency criteria and subject to Agency review. Notwithstanding
22    any other provision of law to the contrary, no unit of  local
23    government  shall be liable for any injury resulting from the
24    exercise of its  authority  pursuant  to  such  a  delegation
25    agreement  unless  the  injury  is  proximately caused by the
26    willful and wanton negligence of an agent or employee of  the
27    unit  of  local  government,  and  any  policy  of  insurance
28    coverage issued to a unit of local government may provide for
29    the  denial  of  liability and the nonpayment of claims based
30    upon injuries for which the unit of local government  is  not
31    liable pursuant to this subsection (r).
32        (s)  The  Agency  shall  have  authority to take whatever
33    preventive or corrective action is necessary or  appropriate,
34    including   but   not   limited   to  expenditure  of  monies
35    appropriated from the Build Illinois Bond Fund and the  Build
 
                            -24-           LRB9106051REgcccr1
 1    Illinois  Purposes  Fund  for  removal  or  remedial  action,
 2    whenever  any hazardous substance or pesticide is released or
 3    there is a substantial threat of  such  a  release  into  the
 4    environment.  The State, the Director, and any State employee
 5    shall be indemnified for any damages or injury arising out of
 6    or  resulting  from  any  action taken under this subsection.
 7    The Director of the Agency is authorized to enter  into  such
 8    contracts  and  agreements  as are necessary to carry out the
 9    Agency's duties under this subsection.
10        (t)  The  Agency  shall  have  authority  to   distribute
11    grants, subject to appropriation by the General Assembly, for
12    financing    and   construction   of   municipal   wastewater
13    facilities.  With respect to all monies appropriated from the
14    Build Illinois Bond Fund and the Build Illinois Purposes Fund
15    for  wastewater  facility  grants,  the  Agency  shall   make
16    distributions  in  conformity  with the rules and regulations
17    established pursuant to the Anti-Pollution Bond Act,  as  now
18    or hereafter amended.
19        (u)  Pursuant  to  the  Illinois Administrative Procedure
20    Act, the Agency shall have the authority to adopt such  rules
21    as  are  necessary or appropriate for the Agency to implement
22    Section 31.1 of this Act.
23        (v)  (Blank)
24        (w)  Neither the State, nor the Director, nor the  Board,
25    nor  any  State  employee  shall be liable for any damages or
26    injury arising out of or  resulting  from  any  action  taken
27    under subsection (s) or subsection (v).
28        (x)(1)  The  Agency  shall  have  authority to distribute
29    grants, subject to appropriation by the General Assembly,  to
30    units  of  local government for financing and construction of
31    public water supply facilities.  With respect to  all  monies
32    appropriated  from  the Build Illinois Bond Fund or the Build
33    Illinois Purposes Fund for public water supply  grants,  such
34    grants  shall be made in accordance with rules promulgated by
35    the Agency. Such rules shall  include  a  requirement  for  a
 
                            -25-           LRB9106051REgcccr1
 1    local  match  of  30%  of the total project cost for projects
 2    funded through such grants.
 3        (2)  The Agency shall not terminate a grant to a unit  of
 4    local government for the financing and construction of public
 5    water  supply  facilities  unless and until the Agency adopts
 6    rules that set forth precise and complete standards, pursuant
 7    to Section 5-20 of the Illinois Administrative Procedure Act,
 8    for the termination of such grants.   The  Agency  shall  not
 9    make  determinations on whether specific grant conditions are
10    necessary to ensure the integrity of a project or on  whether
11    subagreements  shall  be  awarded, with respect to grants for
12    the  financing  and  construction  of  public  water   supply
13    facilities, unless and until the Agency adopts rules that set
14    forth  precise  and  complete  standards, pursuant to Section
15    5-20 of the Illinois Administrative Procedure Act, for making
16    such determinations. The Agency shall not issue  a  stop-work
17    order  in relation to such grants unless and until the Agency
18    adopts precise and complete standards,  pursuant  to  Section
19    5-20  of  the  Illinois  Administrative  Procedure  Act,  for
20    determining whether to issue a stop-work order.
21        (y)  The  Agency  shall  have  authority  to  release any
22    person  from  further  responsibility   for   preventive   or
23    corrective   action   under  this  Act  following  successful
24    completion of preventive or corrective action  undertaken  by
25    such person upon written request by the person.
26    (Source: P.A. 88-45; 88-496; 88-690, eff. 1-24-95.)

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

29        (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
30        Sec.  8.20.   Appropriations   for   the   ordinary   and
31    contingent expenses of the Illinois Liquor Control Commission
32    shall  be  paid from the Dram Shop Fund. On August 30 of each
33    fiscal year's license period, an amount of money equal to the
 
                            -26-           LRB9106051REgcccr1
 1    number of retail liquor licenses issued for that fiscal  year
 2    multiplied  by  $50  shall  be transferred from the Dram Shop
 3    Fund and shall be  deposited  in  the  Youth  Alcoholism  and
 4    Substance Abuse Prevention Fund.  Beginning June 30, 1990 and
 5    on  June  30  of  each  subsequent  year,  any  balance  over
 6    $5,000,000  remaining in the Dram Shop Fund shall be credited
 7    to State liquor licensees and applied against their fees  for
 8    State  liquor  licenses  for  the following year.  The amount
 9    credited to each  licensee  shall  be  a  proportion  of  the
10    balance  in  the  Dram  Shop  Fund  that  is  the same as the
11    proportion of the license fee  paid  by  the  licensee  under
12    Section  5-3  of  The  Liquor  Control Act of 1934, as now or
13    hereafter amended, for the period in which  the  balance  was
14    accumulated  to  the  aggregate  fees  paid  by all licensees
15    during that period.
16        In addition to any other permitted use of moneys  in  the
17    Fund,  and  notwithstanding any restriction on the use of the
18    Fund, moneys in the Dram Shop Fund may be transferred to  the
19    General  Revenue Fund as authorized by Public Act 87-14.  The
20    General Assembly finds that an excess of  moneys  existed  in
21    the  Fund  on July 30, 1991, and the Governor's order of July
22    30,  1991,  requesting  the  Comptroller  and  Treasurer   to
23    transfer  an amount from the Fund to the General Revenue Fund
24    is hereby validated.
25    (Source: P.A. 90-372, eff. 7-1-98.)

26        (30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
27        Sec. 8.25e.  (a)  The State  Comptroller  and  the  State
28    Treasurer  shall  automatically  transfer on the first day of
29    each month, beginning on February 1, 1988, from  the  General
30    Revenue  Fund  to  each of the funds then supplemented by the
31    pari-mutuel tax, pursuant to Section 28 of the Illinois Horse
32    Racing Act of 1975, an amount equal  to  (i)  the  amount  of
33    pari-mutuel  tax deposited into such fund during the month in
34    fiscal year 1986 which corresponds  to  the  month  preceding
 
                            -27-           LRB9106051REgcccr1
 1    such  transfer,  minus (ii) the amount of pari-mutuel tax (or
 2    the replacement transfer authorized by Section 8g(d) of  this
 3    Act  and  Section  28.1(d)  of  the Horse Racing Act of 1975)
 4    deposited into such fund  during  the  month  preceding  such
 5    transfer;  provided,  however, that no transfer shall be made
 6    to a fund if such amount for that fund is equal  to  or  less
 7    than  zero  and  provided that no transfer shall be made to a
 8    fund in any fiscal year after the amount deposited into  such
 9    fund  exceeds  the  amount  of pari-mutuel tax deposited into
10    such fund during fiscal year 1986.
11        (b)  The State Comptroller and the State Treasurer  shall
12    automatically  transfer  on  the  last  day  of  each  month,
13    beginning  on  October 1, 1989, from the General Revenue Fund
14    to the Metropolitan Exposition Auditorium and Office Building
15    Fund,  the  amount  of   $2,750,000   plus   any   cumulative
16    deficiencies  in  such  transfers for prior months, until the
17    sum of $16,500,000 has been transferred for the  fiscal  year
18    beginning  July  1, 1989 and until the sum of $22,000,000 has
19    been transferred for each fiscal year thereafter.
20        (c)  After the transfer of funds  from  the  Metropolitan
21    Exposition  Auditorium  and  Office Building Fund to the Bond
22    Retirement Fund pursuant to Section 15(b) of the Metropolitan
23    Civic Center Support Act, the State Comptroller and the State
24    Treasurer shall automatically transfer on  the  last  day  of
25    each   month,   beginning   on  October  1,  1989,  from  the
26    Metropolitan Exposition Auditorium and Office  Building  Fund
27    to  the  Park  and Conservation Fund the amount of $1,250,000
28    plus any cumulative deficiencies in such transfers for  prior
29    months,  until the sum of $7,500,000 has been transferred for
30    the fiscal year beginning July 1, 1989 and until the  sum  of
31    $10,000,000   has  been  transferred  for  each  fiscal  year
32    thereafter.
33    (Source: P.A. 86-44.)

34        (30 ILCS 105/8g new)
 
                            -28-           LRB9106051REgcccr1
 1        Sec. 8g. Transfers from General Revenue Fund.
 2        (a)  In addition to  any  other  transfers  that  may  be
 3    provided  for  by  law, as soon as may be practical after the
 4    effective date of this amendatory Act  of  the  91st  General
 5    Assembly,  the  State  Comptroller shall direct and the State
 6    Treasurer shall transfer the  sum  of  $10,000,000  from  the
 7    General  Revenue Fund to the Motor Vehicle License Plate Fund
 8    created by Senate Bill 1028 of the 91st General Assembly.
 9        (b)  In addition to  any  other  transfers  that  may  be
10    provided  for  by  law, as soon as may be practical after the
11    effective date of this amendatory Act  of  the  91st  General
12    Assembly,  the  State  Comptroller shall direct and the State
13    Treasurer shall transfer the  sum  of  $25,000,000  from  the
14    General Revenue Fund to the Fund for Illinois' Future created
15    by Senate Bill 1066 of the 91st General Assembly.
16        (c)  In  addition  to  any  other  transfers  that may be
17    provided for by law, on  August  30  of  each  fiscal  year's
18    license  period, the Illinois Liquor Control Commission shall
19    direct and the State Comptroller and  State  Treasurer  shall
20    transfer   from   the  General  Revenue  Fund  to  the  Youth
21    Alcoholism and Substance  Abuse  Prevention  Fund  an  amount
22    equal to the number of retail liquor licenses issued for that
23    fiscal year multiplied by $50.
24        (d)  The  payments  to programs required under subsection
25    (d) of Section 28.1 of the Horse Racing Act of 1975 shall  be
26    made,  pursuant  to  appropriation,  from  the  special funds
27    referred to in the statutes cited in that subsection,  rather
28    than directly from the General Revenue Fund.
29        Beginning  January  1,  2000,  on  the  first day of each
30    month, or as soon as may be practical thereafter,  the  State
31    Comptroller  shall  direct  and  the  State  Treasurer  shall
32    transfer from the General Revenue Fund to each of the special
33    funds  from  which  payments  are  to  be  made under Section
34    28.1(d) of the Horse Racing Act of 1975 an  amount  equal  to
35    1/12  of  the  annual amount required for those payments from
 
                            -29-           LRB9106051REgcccr1
 1    that special fund, which annual amount shall not  exceed  the
 2    annual  amount  for those payments from that special fund for
 3    the calendar year 1998.  The special funds to which transfers
 4    shall be made under this subsection (d) include, but are  not
 5    necessarily  limited  to,  the Agricultural Premium Fund; the
 6    Metropolitan Exposition Auditorium and Office Building  Fund;
 7    the Fair and Exposition Fund; the Standardbred Breeders Fund;
 8    the  Thoroughbred  Breeders  Fund; and the Illinois Veterans'
 9    Rehabilitation Fund.

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

12        (30 ILCS 745/2) (from Ch. 127, par. 1552)
13        Sec. 2.  Certification process.   Each  eligible  station
14    shall certify to the Illinois Arts Council State Comptroller,
15    in   such  form  and  at  such  time  as  the  Council  State
16    Comptroller shall require, its actual operating cost for  the
17    prior  fiscal  year.   Upon  acceptance  by the Illinois Arts
18    Council   State   Comptroller,   such   certification   shall
19    constitute the basis for grants provided under this Act.
20    (Source: P.A. 84-1040.)

21        (30 ILCS 745/7) (from Ch. 127, par. 1557)
22        Sec. 7.  Required Assurances.  Each eligible station  and
23    its  station  licensee  shall  certify  to  the Illinois Arts
24    Council State Comptroller when applying for grant funds under
25    this Act that any funds received pursuant to  the  provisions
26    of  this  Act  shall  not supplant or cause to be reduced any
27    other sources of funding for such stations, and will be  used
28    solely  for  the benefit of a public broadcasting station and
29    not for general institutional overhead or parent organization
30    expenses.
31    (Source: P.A. 84-1040.)
 
                            -30-           LRB9106051REgcccr1
 1        Section 20.  The Liquor Control Act of 1934 is amended by
 2    changing Section 5-3 as follows:

 3        (235 ILCS 5/5-3) (from Ch. 43, par. 118)
 4        Sec. 5-3.  License fees.  Except  as  otherwise  provided
 5    herein,  at  the  time  application  is  made  to  the  State
 6    Commission  for  a  license of any class, the applicant shall
 7    pay to the State Commission the fee hereinafter provided  for
 8    the kind of license applied for.
 9        The fee for licenses issued by the State Commission shall
10    be as follows:
11        For a manufacturer's license:
12        Class 1. Distiller ...........................     $3,600
13        Class 2. Rectifier ...........................      3,600
14        Class 3. Brewer ..............................        900
15        Class 4. First-class Wine Manufacturer .......        600
16        Class 5. Second-class Second
17             Class Wine Manufacturer .................      1,200
18        Class 6. First-class wine-maker ..............        240
19        Class 7. Second-class wine-maker .............        480
20        Class 8.  Limited Wine Manufacturer...........        120
21        For a Brew Pub License .......................      1,050
22        For a caterer retailer's license..............        200
23        For a foreign importer's license .............         25
24        For an importing distributor's license .......         25
25        For a distributor's license ..................        270
26        For a non-resident dealer's license
27             (500,000 gallons or over) ...............        270
28        For a non-resident dealer's license
29             (under 500,000 gallons) .................         90
30        For a wine-maker's retail license ............        100
31        For a wine-maker's retail license,
32             second location .........................        350
33        For a retailer's license .....................        175
34        For a special event retailer's license,
 
                            -31-           LRB9106051REgcccr1
 1             (not-for-profit) ........................         25
 2        For a special use permit license,
 3             one day only ............................         50
 4             2 days or more ..........................        100
 5        For a railroad license .......................         60
 6        For a boat license ...........................        180
 7        For an airplane license, 60 times the
 8             licensee's maximum number of aircraft
 9             in flight, serving liquor over the
10             State at any given time, which either
11             originate, terminate, or make
12             originates, terminates or makes
13             an intermediate stop in the State .......         60
14        For a non-beverage user's license:
15             Class 1 .................................         24
16             Class 2 .................................         60
17             Class 3 .................................        120
18             Class 4 .................................        240
19             Class 5 .................................        600
20        For a broker's license .......................        600
21        For an auction liquor license ................         50
22        Fees  collected under this Section shall be paid into the
23    Dram Shop Fund.  Beginning June 30, 1990 and on  June  30  of
24    each  subsequent  year, any balance over $5,000,000 remaining
25    in the Dram Shop Fund  shall  be  credited  to  State  liquor
26    licensees  and  applied  against  their fees for State liquor
27    licenses for the following year.  The amount credited to each
28    licensee shall be a proportion of the  balance  in  the  Dram
29    Fund  that  is  the same as the proportion of the license fee
30    paid by the licensee under this Section  for  the  period  in
31    which  the balance was accumulated to the aggregate fees paid
32    by all licensees during that period.
33        No fee shall be paid for licenses  issued  by  the  State
34    Commission to the following non-beverage users:
35             (a)  Hospitals,  sanitariums,  or clinics when their
 
                            -32-           LRB9106051REgcccr1
 1        use  of  alcoholic  liquor  is   exclusively   medicinal,
 2        mechanical or scientific.
 3             (b)  Universities,  colleges  of learning or schools
 4        when  their  use  of  alcoholic  liquor  is   exclusively
 5        medicinal, mechanical or scientific.
 6             (c)  Laboratories  when their use is exclusively for
 7        the purpose of scientific research.
 8        The  funds  received  from  the  $50  increase   in   the
 9    retailer's  license  fee  imposed  by  P.A.  86-983  shall be
10    deposited  in  the  Youth  Alcoholism  and  Substance   Abuse
11    Prevention Fund.
12    (Source:  P.A.  89-250,  eff.  1-1-96;  90-77,  eff.  7-8-97;
13    revised 10-31-98.)

14        Section  25.   The  Illinois  Vehicle  Code is amended by
15    changing Section 3-623 as follows:

16        (625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
17        Sec. 3-623.  Purple Heart Plates.   The  Secretary,  upon
18    receipt  of an application made in the form prescribed by the
19    Secretary of State,  may  issue  to  recipients  awarded  the
20    Purple  Heart  by  a branch of the armed forces of the United
21    States who reside in Illinois, special  registration  plates.
22    The  special plates issued pursuant to this Section should be
23    affixed only to passenger vehicles of  the  1st  division  or
24    motor  vehicles  of  the  2nd division weighing not more than
25    8,000 pounds.
26        The design and color  of  such  plates  shall  be  wholly
27    within the discretion of the Secretary of State.  Appropriate
28    documentation,  as  determined  by  the  Secretary,  and  the
29    standard  registration  fee  shall accompany the application.
30    However, for an individual who has been issued  Purple  Heart
31    plates for a vehicle and who has claimed and received a grant
32    under  the  Senior Citizens and Disabled Persons Property Tax
33    Relief and Pharmaceutical Assistance Act, shall  pay  50%  of
 
                            -33-           LRB9106051REgcccr1
 1    the  original  issuance  fee  and  regular annual fee for the
 2    registration of the vehicle shall be as provided  in  Section
 3    3-806.3 of this Code.
 4    (Source: P.A. 89-98, eff. 1-1-96.)

 5        Section  30.   If and only if House Bill 1383 of the 91st
 6    General  Assembly  becomes  law,   the   Wireless   Emergency
 7    Telephone  Safety  Act is amended by changing Sections 20 and
 8    30 as follows:

 9        (91HB1383enr, Sec. 20)
10        Sec. 20.  Wireless Service  Emergency  Fund;  uses.   The
11    Wireless  Service Emergency Fund is created as a special fund
12    in the State treasury.  Subject to appropriation,  moneys  in
13    the  Wireless  Service  Emergency  Fund  may only be used for
14    grants  for  emergency  telephone  system  boards,  qualified
15    government entities, or the Department of State  Police,  and
16    for  reimbursement  of  the Communications Revolving Fund for
17    administrative costs incurred by the  Department  of  Central
18    Management  Services  related  to  administering the program.
19    These grants may be used only for the design, implementation,
20    operation, maintenance,  or  upgrade  of  wireless  9-1-1  or
21    E9-1-1 emergency services and public safety answering points,
22    and for no other purposes.
23        The  moneys  received  by  the Department of State Police
24    from the Wireless Service Emergency Fund, in any year, may be
25    used for any costs relating to the leasing, modification,  or
26    maintenance  of  any  building  or  facility  used  to  house
27    personnel  or  equipment  associated  with  the  operation of
28    wireless 9-1-1 or  wireless  E9-1-1  emergency  services,  to
29    ensure  service in those areas where service is not otherwise
30    provided.
31        Moneys from the Wireless Service Emergency Fund  may  not
32    be  used  to  pay  for  or  recover any costs associated with
33    public safety agency equipment  or  personnel  dispatched  in
 
                            -34-           LRB9106051REgcccr1
 1    response  to  wireless  9-1-1  or  wireless  E9-1-1 emergency
 2    calls.
 3    (Source: 91HB1383enr.)

 4        (91HB1383enr, Sec. 30)
 5        Sec. 30.  Wireless Carrier Reimbursement Fund; uses.  The
 6    Wireless Carrier Reimbursement Fund is created as  a  special
 7    fund  in  the State treasury.  Moneys in the Wireless Carrier
 8    Reimbursement Fund may be  used,  subject  to  appropriation,
 9    only  to  reimburse  wireless carriers for all of their costs
10    incurred in  complying  with  the  applicable  provisions  of
11    Federal  Communications  Commission  wireless  enhanced 9-1-1
12    service mandates, and for reimbursement of the Communications
13    Revolving Fund  for  administrative  costs  incurred  by  the
14    Department   of   Central   Management  Services  related  to
15    administering the program.  This reimbursement  may  include,
16    but need not be limited to, the cost of designing, upgrading,
17    purchasing,  leasing,  programming,  installing, testing, and
18    maintaining  necessary  data,  hardware,  and  software   and
19    associated operating and administrative costs and overhead.
20    (Source: 91HB1383enr.)

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law, except that Section 30 takes effect no  earlier
23    than  the  effective  date  of  House  Bill  1383 of the 91st
24    General Assembly.".

25        Submitted on May 27, 1999

26    s/Sen. Steven Rauschenberger               Rep. Jeffrey Schoenberg     
27    s/Sen. Dick Klemm                          Rep. Gary Hannig            
28    s/Sen. John Maitland                       Rep. Barabara Flynn Currie  
29      Sen. Donne Trotter                     s/Rep. Art Tenhouse           
30    s/Sen. Patrick Welch                     s/Rep. Tom Ryder              
31      Committee for the Senate               Committee for the House

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