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91_HB4374enr HB4374 Enrolled LRB9111008EGfg 1 AN ACT in relation to State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1. SHORT TITLE 5 Section 1-1. Short title. This Act may be cited as the 6 FY2001 Budget Implementation Act relating to the fiscal 7 operation of State government. 8 ARTICLE 5. ELIMINATE THE DIGITAL DIVIDE LAW 9 Section 5-1. Short title. This Article may be cited as 10 the Eliminate the Digital Divide Law. 11 Section 5-3. Statement of legislative findings and 12 purposes. The General Assembly finds that the growth of high 13 technology industry, including computers, the Internet, and 14 advanced telecommunications, has created a division in 15 society. Those who are able to master the tools of the new 16 digital technology and have access to the technology have 17 benefited in the form of improved employment possibilities 18 and a higher standard of life. Those who are unfamiliar with 19 the new technologies, or do not have access to them, are 20 increasingly constrained to marginal employment and a 21 standard of living near the poverty level. This "digital 22 divide" parallels existing economic, racial, and gender 23 divisions in society, with the more privileged members of 24 society having much greater opportunity to benefit from the 25 new technologies than those who are less favorably situated. 26 It is the purpose of this Law to establish educational and 27 economic development initiatives that will bridge the digital 28 divide, making possible a society in which all individuals HB4374 Enrolled -2- LRB9111008EGfg 1 can benefit from the opportunities provided by the new 2 technologies. 3 Section 5-5. Definitions; descriptions. As used in this 4 Article: 5 "Community-based organization" means a private 6 not-for-profit organization that is located in an Illinois 7 community and that provides services to citizens within that 8 community and the surrounding area. 9 "Community technology centers" provide computer access 10 and educational services using information technology. 11 Community technology centers are diverse in the populations 12 they serve and programs they offer, but similar in that they 13 provide technology access to individuals, communities, and 14 populations that typically would not otherwise have places to 15 use computer and telecommunications technologies. 16 "Department" means the Department of Commerce and 17 Community Affairs. 18 "National school lunch program" means a program 19 administered by the U.S. Department of Agriculture and state 20 agencies that provides free or reduced price lunches to 21 economically disadvantaged children. A child whose family 22 income is between 130% and 185% of applicable family size 23 income levels contained in the nonfarm poverty guidelines 24 prescribed by the Office of Management and Budget is eligible 25 for a reduced price lunch. A child whose family income is 26 130% or less of applicable family size income levels 27 contained in the nonfarm income poverty guidelines prescribed 28 by the Office of Management and Budget is eligible for a free 29 lunch. 30 "Telecommunications services" provided by 31 telecommunications carriers include all commercially 32 available telecommunications services in addition to all 33 reasonable charges that are incurred by taking such services, HB4374 Enrolled -3- LRB9111008EGfg 1 such as state and federal taxes. 2 "Other special services" provided by telecommunications 3 carriers include Internet access and installation and 4 maintenance of internal connections in addition to all 5 reasonable charges that are incurred by taking such services, 6 such as state and federal taxes. 7 Section 5-30. Community Technology Center Grant Program. 8 (a) Subject to appropriation, the Department shall 9 administer the Community Technology Center Grant Program 10 under which the Department shall make grants in accordance 11 with this Article for planning, establishment, 12 administration, and expansion of Community Technology 13 Centers. The purposes of the grants shall include, but not be 14 limited to, volunteer recruitment and management, 15 infrastructure, and related goods and services for Community 16 Technology Centers. The total amount of grants under this 17 Section in fiscal year 2001 shall not exceed $2,000,000. No 18 Community Technology Center may receive a grant of more than 19 $50,000 under this Section in a particular fiscal year. 20 (b) State educational agencies, local educational 21 agencies, institutions of higher education, and other public 22 and private nonprofit or for-profit agencies and 23 organizations are eligible to receive grants under this 24 Program. A group of eligible entities is also eligible to 25 receive a grant if the group follows the procedures for group 26 applications in 34 CFR 75.127-129 of the Education Department 27 General Administrative Regulations. 28 To be eligible to apply for a grant, a Community 29 Technology Center must serve a community in which not less 30 than 50% of the students are eligible for a free or reduced 31 price lunch under the national school lunch program or in 32 which not less than 40% of the students are eligible for a 33 free lunch under the national school lunch program; however, HB4374 Enrolled -4- LRB9111008EGfg 1 if funding is insufficient to approve all grant applications 2 for a particular fiscal year, the Department may impose a 3 higher minimum percentage threshold for that fiscal year. 4 Determinations of communities and determinations of the 5 percentage of students in a community who are eligible for a 6 free or reduced price lunch under the national school lunch 7 program shall be in accordance with rules adopted by the 8 Department. 9 Any entities that have received a Community Technology 10 Center grant under the federal Community Technology Centers 11 Program are also eligible to apply for grants under this 12 Program. 13 The Department shall provide assistance to Community 14 Technology Centers in making those determinations for 15 purposes of applying for grants. 16 (c) Grant applications shall be submitted to the 17 Department not later than March 15 for the next fiscal year. 18 (d) The Department shall adopt rules setting forth the 19 required form and contents of grant applications. 20 Section 5-35. Resale; Community Technology Centers. 21 (a) Products and services purchased by Community 22 Technology Centers with grant funds may not be sold, resold, 23 or transferred in consideration of money or any other thing 24 of value except with the prior approval of the Department. 25 (b) This prohibition on resale shall not bar Community 26 Technology Centers from charging fees for education or 27 workforce preparation courses. There is no prohibition on the 28 resale of products or services that are not purchased with 29 grant funds. 30 Section 5-40. Auditing; records; Community Technology 31 Centers. 32 (a) Community Technology Centers shall be required to HB4374 Enrolled -5- LRB9111008EGfg 1 maintain for expenditures made under this Article any 2 procurement records required by the Department. Community 3 Technology Centers shall produce those records at the request 4 of the Department, any auditor appointed by the State, or any 5 State officer or agency entitled to inspect the records. 6 (b) Community Technology Centers shall be subject to 7 random compliance audits to evaluate what products and 8 services they are purchasing and how the products and 9 services are being used. 10 Section 5-45. Statewide Community Technology Center 11 Network. Subject to appropriation, the Department shall 12 expend not more than $100,000 in fiscal year 2001 to 13 establish and administer a Statewide Community Technology 14 Center Network to assist in local and regional planning under 15 this Article. 16 Section 5-105. Rules. The Department may adopt any rules 17 that are necessary and appropriate to carry out this Article. 18 ARTICLE 10. AMENDATORY PROVISIONS 19 Section 10-5. The Department of Commerce and Community 20 Affairs Law of the Civil Administrative Code of Illinois is 21 amended by changing Sections 605-800 and 605-805 and 22 renumbering and changing Section 46.75 (as added by Public 23 Act 91-34) as follows: 24 (20 ILCS 605/605-420) (was 20 ILCS 605/46.75) 25 Sec. 605-420.46.75.Federal Workforce Development Fund. 26 (a) The Department may accept gifts, grants, awards, 27 matching contributions, interest income, appropriations, and 28 cost sharings from individuals, businesses, governments, and 29 other third-party sources, on terms that the Director deems HB4374 Enrolled -6- LRB9111008EGfg 1 advisable, for any or all of the following purposes: 2 (1) to assist recipients, including recipients 3 under the Temporary Assistance to Needy Families (TANF) 4 program, to obtain and retain employment and become 5 economically self-sufficient; 6 (2) to assist economically disadvantaged and other 7 youth to make a successful transition from school to 8 work; and 9 (3) to assist other individuals targeted for 10 services through education, training, and workforce 11 development programs to obtain employment-related skills 12 and obtain employment. 13 (b) The Federal Workforce Development Fund is created as 14 a special fund in the State Treasury. On September 1, 2000, 15 or as soon thereafter as may be reasonably practicable, the 16 State Comptroller shall transfer from the Federal Workforce 17 Development Fund into the Title III Social Security and 18 Employment Fund all moneys that were received for the 19 purposes of Section 403(a)(5) of the federal Social Security 20 Act and remain unobligated on that date. Beginning on the 21 effective date of this amendatory Act of the 91st General 22 Assembly,andall moneys received under this Section for the 23 purposes of Section 403(a)(5) of the federal Social Security 24 Act, except moneys that may be necessary to pay liabilities 25 outstanding as of June 30, 2000, shall be deposited into the 26 Title III Social Security and EmploymentthatFund, and all 27 other moneys received under this Section shall be deposited 28 into the Federal Workforce Development Fund. 29 Moneys received under this Sectionin the Federal30Workforce Development Fundmay be expended for purposes 31 consistent with the conditions under which those moneys are 32 received, subject to appropriations made by the General 33 Assembly for those purposes. 34 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.) HB4374 Enrolled -7- LRB9111008EGfg 1 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part) 2 Sec. 605-800. Training grants for skills in critical 3 demand. 4 (a) Grants to provide training in fields affected by 5 critical demands for certain skills may be made as provided 6 in this Section. 7 (b) The Director may make grants to eligible employers 8 or to other eligible entities on behalf of employers as 9 authorized in subsection (c) to provide training for 10 employees in fields for which there are critical demands for 11 certain skills. 12 (c) The Director may accept applications for training 13 grant funds and grant requests from: (i) entities sponsoring 14 multi-company eligible employee training projects as defined 15 in subsection (d), including business associations, strategic 16 business partnerships, institutions of secondary or higher 17 education, large manufacturers for supplier network 18 companies, federal Job Training Partnership Act 19 administrative entities or grant recipients, and labor 20 organizations when those projects will address common 21 training needs identified by participating companies; and 22 (ii) individual employers that are undertaking eligible 23 employee training projects as defined in subsection (d), 24 including intermediaries and training agents. 25 (d) The Director may make grants to eligible applicants 26 as defined in subsection (c) for employee training projects 27 that include, but need not be limited to, one or more of the 28 following: 29 (1) Training programs in response to new or 30 changing technology being introduced in the workplace. 31 (2) Job-linked training that offers special skills 32 for career advancement or that is preparatory for, and 33 leads directly to, jobs with definite career potential 34 and long-term job security. HB4374 Enrolled -8- LRB9111008EGfg 1 (3) Training necessary to implement total quality 2 management or improvement or both management and 3 improvement systems within the workplace. 4 (4) Training related to new machinery or equipment. 5 (5) Training of employees of companies that are 6 expanding into new markets or expanding exports from 7 Illinois. 8 (6) Basic, remedial, or both basic and remedial 9 training of employees as a prerequisite for other 10 vocational or technical skills training or as a condition 11 for sustained employment. 12 (7) Self-employment training of the unemployed and 13 underemployed with comprehensive, competency-based 14 instructional programs and services, entrepreneurial 15 education and training initiatives for youth and adult 16 learners in cooperation with the Illinois Institute for 17 Entrepreneurial Education, training and education, 18 conferences, workshops, and best practice information for 19 local program operators of entrepreneurial education and 20 self-employment training programs. 21 (8) Other training activities or projects, or both 22 training activities and projects, related to the support, 23 development, or evaluation of job training programs, 24 activities, and delivery systems, including training 25 needs assessment and design. 26 (e) Grants shall be made on the terms and conditions 27 that the Department shall determine. No grant made under 28 subsection (d), however, shall exceed 50% of the direct costs 29 of all approved training programs provided by the employer or 30 the employer's training agent or other entity as defined in 31 subsection (c). Under this Section, allowable costs include, 32 but are not limited to: 33 (1) Administrative costs of tracking, documenting, 34 reporting, and processing training funds or project HB4374 Enrolled -9- LRB9111008EGfg 1 costs. 2 (2) Curriculum development. 3 (3) Wages and fringe benefits of employees. 4 (4) Training materials, including scrap product 5 costs. 6 (5) Trainee travel expenses. 7 (6) Instructor costs, including wages, fringe 8 benefits, tuition, and travel expenses. 9 (7) Rent, purchase, or lease of training equipment. 10 (8) Other usual and customary training costs. 11 (f) The Director will ensure that a minimum of one 12 on-site grant monitoring visit is conducted by the Department 13 either during the course of the grant period or within 6 14 months following the end of the grant period. The Department 15 shall verify that the grantee's financial management system 16 is structured to provide for accurate, current, and complete 17 disclosure of the financial results of the grant program in 18 accordance with all provisions, terms, and conditions 19 contained in the grant contract. 20 (g) The Director may establish and collect a schedule of 21 charges from subgrantee entities and other system users under 22 federal job-training programs for participating in and 23 utilizing the Department's automated job-training program 24 information systems if the systems and the necessary 25 participation and utilization are requirements of the federal 26 job-training programs. All monies collected pursuant to this 27 subsection shall be deposited into the Title III Social 28 Security and Employment Fund, except that any moneys that may 29 be necessary to pay liabilities outstanding as of June 30, 30 2000 shall be deposited into the Federal Job-Training 31 Information Systems Revolving Fundcreated in Section 35-805. 32 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00; 33 91-476, eff. 8-11-99; revised 10-20-99.) HB4374 Enrolled -10- LRB9111008EGfg 1 (20 ILCS 605/605-805) (was 20 ILCS 605/46.19a in part) 2 Sec. 605-805. Federal Job-Training Information Systems 3 Revolving Fund. There is hereby created a special fund in 4 the State treasury to be known as the Federal Job-Training 5 Information Systems Revolving Fund. On September 1, 2000, or 6 as soon thereafter as may be reasonably practicable, the 7 State Comptroller shall transfer all unobligated funds from 8 the Federal Job-Training Information Systems Revolving Fund 9 into the Title III Social Security and Employment Fund. 10 Moneys collectedThe deposit of monies into this fund shall11be limited to the collection of chargespursuant to 12 subsection (g) of Section 605-800. The monies in the fund13 may be used, subject to appropriation by the General 14 Assembly, only for the purpose of financing the maintenance 15 and operation of the automated Federal Job-Training 16 Information Systems described in thatpursuant tosubsection 17(g) of Section 605-800. 18 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.) 19 Section 10-10. The Illinois Building Commission Act is 20 amended by changing Section 45 as follows: 21 (20 ILCS 3918/45) 22 Sec. 45. Assistance of the Capital Development Board 23Department of Public Health. The Capital Development Board 24Department of Public Healthshall assist the Commission in 25 carrying out its functions and responsibilities by providing 26 administrative and staff support. The Commission shall 27 advise the BoardDepartmentof its budgetary and staff needs. 28 (Source: P.A. 90-269, eff. 1-1-98.) 29 Section 10-15. The State Finance Act is amended by 30 changing Sections 6z-43, 8g, and 13.3 as follows: HB4374 Enrolled -11- LRB9111008EGfg 1 (30 ILCS 105/6z-43) 2 Sec. 6z-43. Tobacco Settlement Recovery Fund. 3 (a) There is created in the State Treasury a special 4 fund to be known as the Tobacco Settlement Recovery Fund, 5 into which shall be deposited all monies paid to the State 6 pursuant to (1) the Master Settlement Agreement entered in 7 the case of People of the State of Illinois v. Philip Morris, 8 et al. (Circuit Court of Cook County, No. 96-L13146) and (2) 9 any settlement with or judgment against any tobacco product 10 manufacturer other than one participating in the Master 11 Settlement Agreement in satisfaction of any released claim as 12 defined in the Master Settlement Agreement, as well as any 13 other monies as provided by law. All earnings on Fund 14 investments shall be deposited into the Fund. Upon the 15 creation of the Fund, the State Comptroller shall order the 16 State Treasurer to transfer into the Fund any monies paid to 17 the State as described in item (1) or (2) of this Section 18 before the creation of the Fund plus any interest earned on 19 the investment of those monies. 20 (b) As soon as may be practical after June 30, 2001, the 21 State Comptroller shall direct and the State Treasurer shall 22 transfer the unencumbered balance in the Tobacco Settlement 23 Recovery Fund as of June 30, 2001 into the Budget 24 Stabilization Fund. The Treasurer may invest the moneys in 25 the Budget Stabilization Fund in the same manner, in the same 26 types of investments, and subject to the same limitations 27 provided in the Illinois Pension Code for the investment of 28 pension funds other than those established under Article 3 or 29 4 of the Code. 30 (Source: P.A. 91-646, eff. 11-19-99.) 31 (30 ILCS 105/8g) 32 Sec. 8g. Transfers from General Revenue Fund. 33 (a) In addition to any other transfers that may be HB4374 Enrolled -12- LRB9111008EGfg 1 provided for by law, as soon as may be practical after the 2 effective date of this amendatory Act of the 91st General 3 Assembly, the State Comptroller shall direct and the State 4 Treasurer shall transfer the sum of $10,000,000 from the 5 General Revenue Fund to the Motor Vehicle License Plate Fund 6 created by Senate Bill 1028 of the 91st General Assembly. 7 (b) In addition to any other transfers that may be 8 provided for by law, as soon as may be practical after the 9 effective date of this amendatory Act of the 91st General 10 Assembly, the State Comptroller shall direct and the State 11 Treasurer shall transfer the sum of $25,000,000 from the 12 General Revenue Fund to the Fund for Illinois' Future created 13 by Senate Bill 1066 of the 91st General Assembly. 14 (c) In addition to any other transfers that may be 15 provided for by law, on August 30 of each fiscal year's 16 license period, the Illinois Liquor Control Commission shall 17 direct and the State Comptroller and State Treasurer shall 18 transfer from the General Revenue Fund to the Youth 19 Alcoholism and Substance Abuse Prevention Fund an amount 20 equal to the number of retail liquor licenses issued for that 21 fiscal year multiplied by $50. 22 (d) The payments to programs required under subsection 23 (d) of Section 28.1 of the Horse Racing Act of 1975 shall be 24 made, pursuant to appropriation, from the special funds 25 referred to in the statutes cited in that subsection, rather 26 than directly from the General Revenue Fund. 27 Beginning January 1, 2000, on the first day of each 28 month, or as soon as may be practical thereafter, the State 29 Comptroller shall direct and the State Treasurer shall 30 transfer from the General Revenue Fund to each of the special 31 funds from which payments are to be made under Section 32 28.1(d) of the Horse Racing Act of 1975 an amount equal to 33 1/12 of the annual amount required for those payments from 34 that special fund, which annual amount shall not exceed the HB4374 Enrolled -13- LRB9111008EGfg 1 annual amount for those payments from that special fund for 2 the calendar year 1998. The special funds to which transfers 3 shall be made under this subsection (d) include, but are not 4 necessarily limited to, the Agricultural Premium Fund; the 5 Metropolitan Exposition Auditorium and Office Building Fund; 6 the Fair and Exposition Fund; the Standardbred Breeders Fund; 7 the Thoroughbred Breeders Fund; and the Illinois Veterans' 8 Rehabilitation Fund. 9 (e) 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, but in no event later than June 30, 2000, the State 13 Comptroller shall direct and the State Treasurer shall 14 transfer the sum of $15,000,000 from the General Revenue Fund 15 to the Fund for Illinois' Future. 16 (f) 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, but in no event later than June 30, 2000, the State 20 Comptroller shall direct and the State Treasurer shall 21 transfer the sum of $70,000,000 from the General Revenue Fund 22 to the Long-Term Care Provider Fund. 23 (Source: P.A. 91-25, eff. 6-9-99.) 24 (30 ILCS 105/13.3) (from Ch. 127, par. 149.3) 25 Sec. 13.3. Petty cash funds; purchasing cards. 26 (a) Any State agency may establish and maintain petty 27 cash funds for the purpose of making change, purchasing items 28 of small cost, payment of postage due, and for other nominal 29 expenditures which cannot be administered economically and 30 efficiently through customary procurement practices. 31 Petty cash funds may be established and maintained from 32 moneys which are appropriated to the agency for Contractual 33 Services. In the case of an agency which receives a single HB4374 Enrolled -14- LRB9111008EGfg 1 appropriation for its ordinary and contingent expenses, the 2 agency may establish a petty cash fund from the appropriated 3 funds. 4 Before the establishment of any petty cash fund, the 5 agency shall submit to the State Comptroller a survey of the 6 need for the fund. The survey shall also establish that 7 sufficient internal accounting controls exist. The 8 Comptroller shall investigate such need and if he determines 9 that it exists and that adequate accounting controls exist, 10 shall approve the establishment of the fund. The Comptroller 11 shall have the power to revoke any approval previously made 12 under this Section. 13 Petty cash funds established under this Section shall be 14 operated and maintained on the imprest system and no fund 15 shall exceed $1,000, except that the Secretary of State may 16 maintain a fund of not exceeding $2,000 for each Chicago 17 Motor Vehicle Facility, each Springfield Public Service 18 Facility, and the Motor Vehicle Facilities in Champaign, 19 Decatur, Marion, Naperville, Peoria, Rockford, Granite City, 20 Quincy, and Carbondale, to be used solely for the purpose of 21 making change. Except for purchases made by procurement card 22 as provided in subsection (b) of this Section, single 23 transactions shall be limited to amounts less than $50, and 24 all transactions occurring in the fund shall be reported and 25 accounted for as may be provided in the uniform accounting 26 system developed by the State Comptroller and the rules and 27 regulations implementing that accounting system. All amounts 28 in any such fund of less than $1,000 but over $100 shall be 29 kept in a checking account in a bank, or savings and loan 30 association or trust company which is insured by the United 31 States government or any agency of the United States 32 government, except that in funds maintained in Chicago Motor 33 Vehicle Facilities, each Springfield Public Service Facility, 34 and the Motor Vehicle Facilities in Champaign, Decatur, HB4374 Enrolled -15- LRB9111008EGfg 1 Marion, Naperville, Peoria, Rockford, Granite City, Quincy, 2 and Carbondale, all amounts in the fund may be retained on 3 the premises of such facilities. 4 No bank or savings and loan association shall receive 5 public funds as permitted by this Section, unless it has 6 complied with the requirements established pursuant to 7 Section 6 of "An Act relating to certain investments of 8 public funds by public agencies", approved July 23, 1943, as 9 now or hereafter amended. 10 An internal audit shall be performed of any petty cash 11 fund which receives reimbursements of more than $5,000 in a 12 fiscal year. 13 Upon succession in the custodianship of any petty cash 14 fund, both the former and successor custodians shall sign a 15 statement, in triplicate, showing the exact status of the 16 fund at the time of the transfer. The original copy shall be 17 kept on file in the office wherein the fund exists, and each 18 signer shall be entitled to retain one copy. 19 (b) The Comptroller may provide by rule for the use of 20 purchasing cards by State agencies to pay for purchases that 21 otherwise may be paid out of the agency's petty cash fund. 22 Any rule adopted hereunder shall impose a single transaction 23 limit, which shall not be greater than $500. 24 The rules of the Comptroller may include but shall not be 25 limited to: 26 (1) standards for the issuance of purchasing cards 27 to State agencies based upon the best interests of the 28 State; 29 (2) procedures for recording purchasing card 30 transactions within the State accounting system, which 31 may provide for summary reporting; 32 (3) procedures for auditing purchasing card 33 transactions on a post-payment basis; 34 (4) standards for awarding contracts with a HB4374 Enrolled -16- LRB9111008EGfg 1 purchasing card vendor to acquire purchasing cards for 2 use by State agencies; and 3 (5) procedures for the Comptroller to charge 4 against State agency appropriations for payment of 5 purchasing card expenditures without the use of the 6 voucher and warrant system. 7 (c) As used in this Section, "State agency" means any 8 department, officer, authority, public corporation, 9 quasi-public corporation, commission, board, institution, 10 State college or university, or other public agency created 11 by the State, other than units of local government and school 12 districts. 13 (Source: P.A. 90-33, eff. 6-27-97.) 14 Section 10-18. The Illinois Income Tax Act is amended by 15 changing Section 901 as follows: 16 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 17 Sec. 901. Collection Authority. 18 (a) In general. 19 The Department shall collect the taxes imposed by this 20 Act. The Department shall collect certified past due child 21 support amounts under Section 2505-650 of the Department of 22 Revenue Law (20 ILCS 2505/2505-650). Except as provided in 23 subsections (c) and (e) of this Section, money collected 24 pursuant to subsections (a) and (b) of Section 201 of this 25 Act shall be paid into the General Revenue Fund in the State 26 treasury; money collected pursuant to subsections (c) and (d) 27 of Section 201 of this Act shall be paid into the Personal 28 Property Tax Replacement Fund, a special fund in the State 29 Treasury; and money collected under Section 2505-650 of the 30 Department of Revenue Law (20 ILCS 2505/2505-650) shall be 31 paid to the State Disbursement Unit established under Section 32 10-26 of the Illinois Public Aid Code. HB4374 Enrolled -17- LRB9111008EGfg 1 (b) Local Governmental Distributive Fund. 2 Beginning August 1, 1969, and continuing through June 30, 3 1994, the Treasurer shall transfer each month from the 4 General Revenue Fund to a special fund in the State treasury, 5 to be known as the "Local Government Distributive Fund", an 6 amount equal to 1/12 of the net revenue realized from the tax 7 imposed by subsections (a) and (b) of Section 201 of this Act 8 during the preceding month. Beginning July 1, 1994, and 9 continuing through June 30, 1995, the Treasurer shall 10 transfer each month from the General Revenue Fund to the 11 Local Government Distributive Fund an amount equal to 1/11 of 12 the net revenue realized from the tax imposed by subsections 13 (a) and (b) of Section 201 of this Act during the preceding 14 month. Beginning July 1, 1995, the Treasurer shall transfer 15 each month from the General Revenue Fund to the Local 16 Government Distributive Fund an amount equal to 1/10 of the 17 net revenue realized from the tax imposed by subsections (a) 18 and (b) of Section 201 of the Illinois Income Tax Act during 19 the preceding month. Net revenue realized for a month shall 20 be defined as the revenue from the tax imposed by subsections 21 (a) and (b) of Section 201 of this Act which is deposited in 22 the General Revenue Fund, the Educational Assistance Fund and 23 the Income Tax Surcharge Local Government Distributive Fund 24 during the month minus the amount paid out of the General 25 Revenue Fund in State warrants during that same month as 26 refunds to taxpayers for overpayment of liability under the 27 tax imposed by subsections (a) and (b) of Section 201 of this 28 Act. 29 (c) Deposits Into Income Tax Refund Fund. 30 (1) Beginning on January 1, 1989 and thereafter, 31 the Department shall deposit a percentage of the amounts 32 collected pursuant to subsections (a) and (b)(1), (2), 33 and (3), of Section 201 of this Act into a fund in the 34 State treasury known as the Income Tax Refund Fund. The HB4374 Enrolled -18- LRB9111008EGfg 1 Department shall deposit 6% of such amounts during the 2 period beginning January 1, 1989 and ending on June 30, 3 1989. Beginning with State fiscal year 1990 and for each 4 fiscal year thereafter, the percentage deposited into the 5 Income Tax Refund Fund during a fiscal year shall be the 6 Annual Percentage. For fiscal years 1999 through 2001, 7 the Annual Percentage shall be 7.1%. For all other 8 fiscal years, the Annual Percentage shall be calculated 9 as a fraction, the numerator of which shall be the amount 10 of refunds approved for payment by the Department during 11 the preceding fiscal year as a result of overpayment of 12 tax liability under subsections (a) and (b)(1), (2), and 13 (3) of Section 201 of this Act plus the amount of such 14 refunds remaining approved but unpaid at the end of the 15 preceding fiscal year, the denominator of which shall be 16 the amounts which will be collected pursuant to 17 subsections (a) and (b)(1), (2), and (3) of Section 201 18 of this Act during the preceding fiscal year. The 19 Director of Revenue shall certify the Annual Percentage 20 to the Comptroller on the last business day of the fiscal 21 year immediately preceding the fiscal year for which it 22 is to be effective. 23 (2) Beginning on January 1, 1989 and thereafter, 24 the Department shall deposit a percentage of the amounts 25 collected pursuant to subsections (a) and (b)(6), (7), 26 and (8), (c) and (d) of Section 201 of this Act into a 27 fund in the State treasury known as the Income Tax Refund 28 Fund. The Department shall deposit 18% of such amounts 29 during the period beginning January 1, 1989 and ending on 30 June 30, 1989. Beginning with State fiscal year 1990 and 31 for each fiscal year thereafter, the percentage deposited 32 into the Income Tax Refund Fund during a fiscal year 33 shall be the Annual Percentage. For fiscal years 1999, 34 2000, and 2001, the Annual Percentage shall be 19%. For HB4374 Enrolled -19- LRB9111008EGfg 1 all other fiscal years, the Annual Percentage shall be 2 calculated as a fraction, the numerator of which shall be 3 the amount of refunds approved for payment by the 4 Department during the preceding fiscal year as a result 5 of overpayment of tax liability under subsections (a) and 6 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 7 Act plus the amount of such refunds remaining approved 8 but unpaid at the end of the preceding fiscal year, the 9 denominator of which shall be the amounts which will be 10 collected pursuant to subsections (a) and (b)(6), (7), 11 and (8), (c) and (d) of Section 201 of this Act during 12 the preceding fiscal year. The Director of Revenue shall 13 certify the Annual Percentage to the Comptroller on the 14 last business day of the fiscal year immediately 15 preceding the fiscal year for which it is to be 16 effective. 17 (d) Expenditures from Income Tax Refund Fund. 18 (1) Beginning January 1, 1989, money in the Income 19 Tax Refund Fund shall be expended exclusively for the 20 purpose of paying refunds resulting from overpayment of 21 tax liability under Section 201 of this Act, for paying 22 rebates under Section 208.1 in the event that the amounts 23 in the Homeowners' Tax Relief Fund are insufficient for 24 that purpose, and for making transfers pursuant to this 25 subsection (d). 26 (2) The Director shall order payment of refunds 27 resulting from overpayment of tax liability under Section 28 201 of this Act from the Income Tax Refund Fund only to 29 the extent that amounts collected pursuant to Section 201 30 of this Act and transfers pursuant to this subsection (d) 31 have been deposited and retained in the Fund. 32 (3) As soon as possible after the end of each 33 fiscal year, the Director shall order transferred and the 34 State Treasurer and State Comptroller shall transfer from HB4374 Enrolled -20- LRB9111008EGfg 1 the Income Tax Refund Fund to the Personal Property Tax 2 Replacement Fund an amount, certified by the Director to 3 the Comptroller, equal to the excess of the amount 4 collected pursuant to subsections (c) and (d) of Section 5 201 of this Act deposited into the Income Tax Refund Fund 6 during the fiscal year over the amount of refunds 7 resulting from overpayment of tax liability under 8 subsections (c) and (d) of Section 201 of this Act paid 9 from the Income Tax Refund Fund during the fiscal year. 10 (4) As soon as possible after the end of each 11 fiscal year, the Director shall order transferred and the 12 State Treasurer and State Comptroller shall transfer from 13 the Personal Property Tax Replacement Fund to the Income 14 Tax Refund Fund an amount, certified by the Director to 15 the Comptroller, equal to the excess of the amount of 16 refunds resulting from overpayment of tax liability under 17 subsections (c) and (d) of Section 201 of this Act paid 18 from the Income Tax Refund Fund during the fiscal year 19 over the amount collected pursuant to subsections (c) and 20 (d) of Section 201 of this Act deposited into the Income 21 Tax Refund Fund during the fiscal year. 22 (4.5) As soon as possible after the end of fiscal 23 year 1999 and of each fiscal year thereafter, the 24 Director shall order transferred and the State Treasurer 25 and State Comptroller shall transfer from the Income Tax 26 Refund Fund to the General Revenue Fund any surplus 27 remaining in the Income Tax Refund Fund as of the end of 28 such fiscal year. 29 (5) This Act shall constitute an irrevocable and 30 continuing appropriation from the Income Tax Refund Fund 31 for the purpose of paying refunds upon the order of the 32 Director in accordance with the provisions of this 33 Section. 34 (e) Deposits into the Education Assistance Fund and the HB4374 Enrolled -21- LRB9111008EGfg 1 Income Tax Surcharge Local Government Distributive Fund. 2 On July 1, 1991, and thereafter, of the amounts collected 3 pursuant to subsections (a) and (b) of Section 201 of this 4 Act, minus deposits into the Income Tax Refund Fund, the 5 Department shall deposit 7.3% into the Education Assistance 6 Fund in the State Treasury. Beginning July 1, 1991, and 7 continuing through January 31, 1993, of the amounts collected 8 pursuant to subsections (a) and (b) of Section 201 of the 9 Illinois Income Tax Act, minus deposits into the Income Tax 10 Refund Fund, the Department shall deposit 3.0% into the 11 Income Tax Surcharge Local Government Distributive Fund in 12 the State Treasury. Beginning February 1, 1993 and 13 continuing through June 30, 1993, of the amounts collected 14 pursuant to subsections (a) and (b) of Section 201 of the 15 Illinois Income Tax Act, minus deposits into the Income Tax 16 Refund Fund, the Department shall deposit 4.4% into the 17 Income Tax Surcharge Local Government Distributive Fund in 18 the State Treasury. Beginning July 1, 1993, and continuing 19 through June 30, 1994, of the amounts collected under 20 subsections (a) and (b) of Section 201 of this Act, minus 21 deposits into the Income Tax Refund Fund, the Department 22 shall deposit 1.475% into the Income Tax Surcharge Local 23 Government Distributive Fund in the State Treasury. 24 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98; 25 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.) 26 Section 10-20. The Motor Fuel Tax Law is amended by 27 changing Section 8 as follows: 28 (35 ILCS 505/8) (from Ch. 120, par. 424) 29 Sec. 8. Except as provided in Sections 8a and 13a.6 and 30 items 13, 14, 15, and 16 of Section 15, all money received by 31 the Department under this Act, including payments made to the 32 Department by member jurisdictions participating in the HB4374 Enrolled -22- LRB9111008EGfg 1 International Fuel Tax Agreement, shall be deposited in a 2 special fund in the State treasury, to be known as the "Motor 3 Fuel Tax Fund", and shall be used as follows: 4 (a) 2 1/2 cents per gallon of the tax collected on 5 special fuel under paragraph (b) of Section 2 and Section 13a 6 of this Act shall be transferred to the State Construction 7 Account Fund in the State Treasury; 8 (b) $420,000 shall be transferred each month to the 9 State Boating Act Fund to be used by the Department of 10 Natural Resources for the purposes specified in Article X of 11 the Boat Registration and Safety Act; 12 (c) $2,250,000 shall be transferred each month to the 13 Grade Crossing Protection Fund to be used as follows: not 14 less than $6,000,000 each fiscal year shall be used for the 15 construction or reconstruction of rail highway grade 16 separation structures; beginning with fiscal year 1997 and 17 ending in fiscal year 20002003, $1,500,000, beginning with 18 fiscal year 2001 and ending in fiscal year 2003, $2,250,000, 19 and $750,000 in fiscal year 2004 and each fiscal year 20 thereafter shall be transferred to the Transportation 21 Regulatory Fund and shall be accounted for as part of the 22 rail carrier portion of such funds and shall be used to pay 23 the cost of administration of the Illinois Commerce 24 Commission's railroad safety program in connection with its 25 duties under subsection (3) of Section 18c-7401 of the 26 Illinois Vehicle Code, with the remainder to be used by the 27 Department of Transportation upon order of the Illinois 28 Commerce Commission, to pay that part of the cost apportioned 29 by such Commission to the State to cover the interest of the 30 public in the use of highways, roads or streets in the county 31 highway system, township and district road system or 32 municipal street system as defined in the Illinois Highway 33 Code, as the same may from time to time be amended, for 34 separation of grades, for installation, construction or HB4374 Enrolled -23- LRB9111008EGfg 1 reconstruction of crossing protection or reconstruction, 2 alteration, relocation including construction or improvement 3 of any existing highway necessary for access to property or 4 improvement of any grade crossing including the necessary 5 highway approaches thereto of any railroad across the highway 6 or public road, as provided for in and in accordance with 7 Section 18c-7401 of the Illinois Vehicle Code. In entering 8 orders for projects for which payments from the Grade 9 Crossing Protection Fund will be made, the Commission shall 10 account for expenditures authorized by the orders on a cash 11 rather than an accrual basis. For purposes of this 12 requirement an "accrual basis" assumes that the total cost of 13 the project is expended in the fiscal year in which the order 14 is entered, while a "cash basis" allocates the cost of the 15 project among fiscal years as expenditures are actually made. 16 To meet the requirements of this subsection, the Illinois 17 Commerce Commission shall develop annual and 5-year project 18 plans of rail crossing capital improvements that will be paid 19 for with moneys from the Grade Crossing Protection Fund. The 20 annual project plan shall identify projects for the 21 succeeding fiscal year and the 5-year project plan shall 22 identify projects for the 5 directly succeeding fiscal years. 23 The Commission shall submit the annual and 5-year project 24 plans for this Fund to the Governor, the President of the 25 Senate, the Senate Minority Leader, the Speaker of the House 26 of Representatives, and the Minority Leader of the House of 27 Representatives on the first Wednesday in April of each year; 28 (d) of the amount remaining after allocations provided 29 for in subsections (a), (b) and (c), a sufficient amount 30 shall be reserved to pay all of the following: 31 (1) the costs of the Department of Revenue in 32 administering this Act; 33 (2) the costs of the Department of Transportation 34 in performing its duties imposed by the Illinois Highway HB4374 Enrolled -24- LRB9111008EGfg 1 Code for supervising the use of motor fuel tax funds 2 apportioned to municipalities, counties and road 3 districts; 4 (3) refunds provided for in Section 13 of this Act 5 and under the terms of the International Fuel Tax 6 Agreement referenced in Section 14a; 7 (4) from October 1, 1985 until June 30, 1994, the 8 administration of the Vehicle Emissions Inspection Law, 9 which amount shall be certified monthly by the 10 Environmental Protection Agency to the State Comptroller 11 and shall promptly be transferred by the State 12 Comptroller and Treasurer from the Motor Fuel Tax Fund to 13 the Vehicle Inspection Fund, and for the periodbeginning14 July 1, 1994 through June 30,and until December 31,15 2000, one-twelfth of $25,000,000 each month, and for the 16 period July 1, 2000 through June 30, 2006, one-twelfth of 17 $30,000,000 each month, for the administration of the 18 Vehicle Emissions Inspection Law of 1995, to be 19 transferred by the State Comptroller and Treasurer from 20 the Motor Fuel Tax Fund into the Vehicle Inspection Fund; 21 (5) amounts ordered paid by the Court of Claims; 22 and 23 (6) payment of motor fuel use taxes due to member 24 jurisdictions under the terms of the International Fuel 25 Tax Agreement. The Department shall certify these 26 amounts to the Comptroller by the 15th day of each month; 27 the Comptroller shall cause orders to be drawn for such 28 amounts, and the Treasurer shall administer those amounts 29 on or before the last day of each month; 30 (e) after allocations for the purposes set forth in 31 subsections (a), (b), (c) and (d), the remaining amount shall 32 be apportioned as follows: 33 (1) Until January 1, 2000, 58.4%, and beginning 34 January 1, 2000, 45.6% shall be deposited as follows: HB4374 Enrolled -25- LRB9111008EGfg 1 (A) 37% into the State Construction Account 2 Fund, and 3 (B) 63% into the Road Fund, $1,250,000 of 4 which shall be reserved each month for the 5 Department of Transportation to be used in 6 accordance with the provisions of Sections 6-901 7 through 6-906 of the Illinois Highway Code; 8 (2) Until January 1, 2000, 41.6%, and beginning 9 January 1, 2000, 54.4% shall be transferred to the 10 Department of Transportation to be distributed as 11 follows: 12 (A) 49.10% to the municipalities of the State, 13 (B) 16.74% to the counties of the State having 14 1,000,000 or more inhabitants, 15 (C) 18.27% to the counties of the State having 16 less than 1,000,000 inhabitants, 17 (D) 15.89% to the road districts of the State. 18 As soon as may be after the first day of each month the 19 Department of Transportation shall allot to each municipality 20 its share of the amount apportioned to the several 21 municipalities which shall be in proportion to the population 22 of such municipalities as determined by the last preceding 23 municipal census if conducted by the Federal Government or 24 Federal census. If territory is annexed to any municipality 25 subsequent to the time of the last preceding census the 26 corporate authorities of such municipality may cause a census 27 to be taken of such annexed territory and the population so 28 ascertained for such territory shall be added to the 29 population of the municipality as determined by the last 30 preceding census for the purpose of determining the allotment 31 for that municipality. If the population of any municipality 32 was not determined by the last Federal census preceding any 33 apportionment, the apportionment to such municipality shall 34 be in accordance with any census taken by such municipality. HB4374 Enrolled -26- LRB9111008EGfg 1 Any municipal census used in accordance with this Section 2 shall be certified to the Department of Transportation by the 3 clerk of such municipality, and the accuracy thereof shall be 4 subject to approval of the Department which may make such 5 corrections as it ascertains to be necessary. 6 As soon as may be after the first day of each month the 7 Department of Transportation shall allot to each county its 8 share of the amount apportioned to the several counties of 9 the State as herein provided. Each allotment to the several 10 counties having less than 1,000,000 inhabitants shall be in 11 proportion to the amount of motor vehicle license fees 12 received from the residents of such counties, respectively, 13 during the preceding calendar year. The Secretary of State 14 shall, on or before April 15 of each year, transmit to the 15 Department of Transportation a full and complete report 16 showing the amount of motor vehicle license fees received 17 from the residents of each county, respectively, during the 18 preceding calendar year. The Department of Transportation 19 shall, each month, use for allotment purposes the last such 20 report received from the Secretary of State. 21 As soon as may be after the first day of each month, the 22 Department of Transportation shall allot to the several 23 counties their share of the amount apportioned for the use of 24 road districts. The allotment shall be apportioned among the 25 several counties in the State in the proportion which the 26 total mileage of township or district roads in the respective 27 counties bears to the total mileage of all township and 28 district roads in the State. Funds allotted to the respective 29 counties for the use of road districts therein shall be 30 allocated to the several road districts in the county in the 31 proportion which the total mileage of such township or 32 district roads in the respective road districts bears to the 33 total mileage of all such township or district roads in the 34 county. After July 1 of any year, no allocation shall be HB4374 Enrolled -27- LRB9111008EGfg 1 made for any road district unless it levied a tax for road 2 and bridge purposes in an amount which will require the 3 extension of such tax against the taxable property in any 4 such road district at a rate of not less than either .08% of 5 the value thereof, based upon the assessment for the year 6 immediately prior to the year in which such tax was levied 7 and as equalized by the Department of Revenue or, in DuPage 8 County, an amount equal to or greater than $12,000 per mile 9 of road under the jurisdiction of the road district, 10 whichever is less. If any road district has levied a special 11 tax for road purposes pursuant to Sections 6-601, 6-602 and 12 6-603 of the Illinois Highway Code, and such tax was levied 13 in an amount which would require extension at a rate of not 14 less than .08% of the value of the taxable property thereof, 15 as equalized or assessed by the Department of Revenue, or, in 16 DuPage County, an amount equal to or greater than $12,000 per 17 mile of road under the jurisdiction of the road district, 18 whichever is less, such levy shall, however, be deemed a 19 proper compliance with this Section and shall qualify such 20 road district for an allotment under this Section. If a 21 township has transferred to the road and bridge fund money 22 which, when added to the amount of any tax levy of the road 23 district would be the equivalent of a tax levy requiring 24 extension at a rate of at least .08%, or, in DuPage County, 25 an amount equal to or greater than $12,000 per mile of road 26 under the jurisdiction of the road district, whichever is 27 less, such transfer, together with any such tax levy, shall 28 be deemed a proper compliance with this Section and shall 29 qualify the road district for an allotment under this 30 Section. 31 In counties in which a property tax extension limitation 32 is imposed under the Property Tax Extension Limitation Law, 33 road districts may retain their entitlement to a motor fuel 34 tax allotment if, at the time the property tax extension HB4374 Enrolled -28- LRB9111008EGfg 1 limitation was imposed, the road district was levying a road 2 and bridge tax at a rate sufficient to entitle it to a motor 3 fuel tax allotment and continues to levy the maximum 4 allowable amount after the imposition of the property tax 5 extension limitation. Any road district may in all 6 circumstances retain its entitlement to a motor fuel tax 7 allotment if it levied a road and bridge tax in an amount 8 that will require the extension of the tax against the 9 taxable property in the road district at a rate of not less 10 than 0.08% of the assessed value of the property, based upon 11 the assessment for the year immediately preceding the year in 12 which the tax was levied and as equalized by the Department 13 of Revenue or, in DuPage County, an amount equal to or 14 greater than $12,000 per mile of road under the jurisdiction 15 of the road district, whichever is less. 16 As used in this Section the term "road district" means 17 any road district, including a county unit road district, 18 provided for by the Illinois Highway Code; and the term 19 "township or district road" means any road in the township 20 and district road system as defined in the Illinois Highway 21 Code. For the purposes of this Section, "road district" also 22 includes park districts, forest preserve districts and 23 conservation districts organized under Illinois law and 24 "township or district road" also includes such roads as are 25 maintained by park districts, forest preserve districts and 26 conservation districts. The Department of Transportation 27 shall determine the mileage of all township and district 28 roads for the purposes of making allotments and allocations 29 of motor fuel tax funds for use in road districts. 30 Payment of motor fuel tax moneys to municipalities and 31 counties shall be made as soon as possible after the 32 allotment is made. The treasurer of the municipality or 33 county may invest these funds until their use is required and 34 the interest earned by these investments shall be limited to HB4374 Enrolled -29- LRB9111008EGfg 1 the same uses as the principal funds. 2 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98; 3 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99; 4 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff. 5 7-29-99; revised 8-23-99.) 6 Section 10-25. The Counties Code is amended by changing 7 Sections 4-2001 and 4-3001 as follows: 8 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001) 9 Sec. 4-2001. State's attorney salaries. 10 (a) There shall be allowed to the several state's 11 attorneys in this State, except the state's attorney of Cook 12 County, the following annual salary: 13 (1) Subject to paragraph (5), to each state's 14 attorney in counties containing less than 10,000 15 inhabitants, $40,500 until December 31, 1988, $45,500 16 until June 30, 1994, and $55,500 thereafter or as set by 17 the Compensation Review Board, whichever is greater. 18 (2) Subject to paragraph (5), to each state's 19 attorney in counties containing 10,000 or more 20 inhabitants but less than 20,000 inhabitants, $46,500 21 until December 31, 1988, $61,500 until June 30, 1994, and 22 $71,500 thereafter or as set by the Compensation Review 23 Board, whichever is greater. 24 (3) Subject to paragraph (5), to each state's 25 attorney in counties containing 20,000 or more but less 26 than 30,000 inhabitants, $51,000 until December 31, 1988, 27 $65,000 until June 30, 1994, and $75,000 thereafter or as 28 set by the Compensation Review Board, whichever is 29 greater. 30 (4) To each state's attorney in counties of 30,000 31 or more inhabitants, $65,500 until December 31, 1988, 32 $80,000 until June 30, 1994, and $96,837 thereafter or as HB4374 Enrolled -30- LRB9111008EGfg 1 set by the Compensation Review Board, whichever is 2 greater. 3 (5) Effective December 1, 2000, to each state's 4 attorney in counties containing fewer than 30,000 5 inhabitants, the same salary plus any cost of living 6 adjustments as authorized by the Compensation Review 7 Board to take effect after January 1, 1999, for state's 8 attorneys in counties containing 20,000 or more but fewer 9 than 30,000 inhabitants, or as set by the Compensation 10 Review Board whichever is greater. 11 The State shall furnish 66 2/3% of the total annual 12 compensation to be paid to each state's attorney in Illinois 13 based on the salary in effect on December 31, 1988, and 100% 14 of the increases in salary taking effect after December 31, 15 1988. 16 Said amounts furnished by the State shall be payable 17 monthly from the state treasury to the county in which each 18 state's attorney is elected. 19 Each county shall be required to furnish 33 1/3% of the 20 total annual compensation to be paid to each state's attorney 21 in Illinois based on the salary in effect on December 31, 22 1988. 23 (b) Effective December 1, 2000, no state's attorney may 24 engage in the private practice of law. However, until 25 November 30, 2000, (i) the state's attorneys in counties 26 containing fewer than 10,000 inhabitants may engage in the 27 practice of law, and (ii) in any county between 10,000 and 28 30,000 inhabitants or in any county containing 30,000 or more 29 inhabitants which reached that population between 1970 and 30 December 31, 1981, the state's attorney may declare his or 31 her intention to engage in the private practice of law, and 32 may do so through no later than November 30, 2000, by filing 33 a written declaration of intent to engage in the private 34 practice of law with the county clerk. The declaration of HB4374 Enrolled -31- LRB9111008EGfg 1 intention shall be irrevocable during the remainder of the 2 term of office. The declaration shall be filed with the 3 county clerk within 30 days of certification of election or 4 appointment, or within 60 days of March 15, 1989, whichever 5 is later. In that event the annual salary of such state's 6 attorney shall be as follows: 7 (1) In counties containing 10,000 or more 8 inhabitants but less than 20,000 inhabitants, $46,500 9 until December 31, 1988, $51,500 until June 30, 1994, and 10 $61,500 thereafter or as set by the Compensation Review 11 Board, whichever is greater. The State shall furnish 12 100% of the increases taking effect after December 31, 13 1988. 14 (2) In counties containing 20,000 or more 15 inhabitants but less than 30,000 inhabitants, and in 16 counties containing 30,000 or more inhabitants which 17 reached said population between 1970 and December 31, 18 1981, $51,500 until December 31, 1988, $56,000 until June 19 30, 1994, and $65,000 thereafter or as set by the 20 Compensation Review Board, whichever is greater. The 21 State shall furnish 100% of the increases taking effect 22 after December 31, 1988. 23 (c) In counties where a state mental health institution, 24 as hereinafter defined, is located, one assistant state's 25 attorney shall receive for his services, payable monthly from 26 the state treasury to the county in which he is appointed, 27 the following: 28 (1) To each assistant state's attorney in counties 29 containing less than 10,000 inhabitants, the sum of 30 $2,500 per annum; 31 (2) To each assistant state's attorney in counties 32 containing not less than 10,000 inhabitants and not more 33 than 20,000 inhabitants, the sum of $3,500 per annum; 34 (3) To each assistant state's attorney in counties HB4374 Enrolled -32- LRB9111008EGfg 1 containing not less than 20,000 inhabitants and not more 2 than 30,000 inhabitants, the sum of $4,000 per annum; 3 (4) To each assistant state's attorney in counties 4 containing not less than 30,000 inhabitants and not more 5 than 40,000 inhabitants, the sum of $4,500 per annum; 6 (5) To each assistant state's attorney in counties 7 containing not less than 40,000 inhabitants and not more 8 than 70,000 inhabitants, the sum of $5,000 per annum; 9 (6) To each assistant state's attorney in counties 10 containing not less than 70,000 inhabitants and not more 11 than 1,000,000 inhabitants, the sum of $6,000 per annum. 12 (d) The population of all counties for the purpose of 13 fixing salaries as herein provided shall be based upon the 14 last Federal census immediately previous to the appointment 15 of an assistant state's attorney in each county. 16 (e) At the request of the county governing authority, in 17 counties where one or more state correctional institutions, 18 as hereinafter defined, are located, one or more assistant 19 state's attorneys shall receive for their services, provided 20 that such services are performed in connection with the state 21 correctional institution, payable monthly from the state 22 treasury to the county in which they are appointed, the 23 following: 24 (1) $22,000 for each assistant state's attorney in 25 counties with one or more State correctional institutions 26 with a total average daily inmate population in excess of 27 2,000, on the basis of 2 assistant state's attorneys when 28 the total average daily inmate population exceeds 2,000 29 but is less than 4,000; and 3 assistant state's attorneys 30 when such population exceeds 4,000; with reimbursement to 31 be based on actual services rendered. 32 (2) $15,000 per year for one assistant state's 33 attorney in counties having one or more correctional 34 institutions with a total average daily inmate population HB4374 Enrolled -33- LRB9111008EGfg 1 of between 750 and 2,000 inmates, with reimbursement to 2 be based on actual services rendered. 3 (3) A maximum of $12,000 per year for one assistant 4 state's attorney in counties having less than 750 5 inmates, with reimbursement to be based on actual 6 services rendered. 7 Upon application of the county governing authority 8 and certification of the State's Attorney, the Director 9 of Corrections may, in his discretion and subject to 10 appropriation, increase the amount of salary 11 reimbursement to a county in the event special 12 circumstances require the county to incur extraordinary 13 salary expenditures as a result of services performed in 14 connection with State correctional institutions in that 15 county. 16 In determining whether or not to increase the amount of 17 salary reimbursement, the Director shall consider, among 18 other matters: 19 (1) the nature of the services rendered; 20 (2) the results or dispositions obtained; 21 (3) whether or not the county was required to 22 employ additional attorney personnel as a direct result 23 of the services actually rendered in connection with a 24 particular service to a State correctional institution. 25 (f) In counties where a State senior institution of 26 higher education is located, the assistant state's attorneys 27 specified by this Section shall receive for their services, 28 payable monthly from the State treasury to the county in 29 which appointed, the following: 30 (1) $14,000 per year each for employment on a full 31 time basis for 2 assistant state's attorneys in counties 32 having a State university or State universities with 33 combined full time enrollment of more than 15,000 34 students. HB4374 Enrolled -34- LRB9111008EGfg 1 (2) $7,200 per year for one assistant state's 2 attorney with no limitation on other practice in counties 3 having a State university or State universities with 4 combined full time enrollment of 10,000 to 15,000 5 students. 6 (3) $4,000 per year for one assistant state's 7 attorney with no limitation on other practice in counties 8 having a State university or State universities with 9 combined full time enrollment of less than 10,000 10 students. 11 Such salaries shall be paid to the state's attorney and 12 the assistant state's attorney in equal monthly installments 13 by such county out of the county treasury provided that the 14 State of Illinois shall reimburse each county monthly from 15 the state treasury the amount of such salary. This Section 16 shall not prevent the payment of such additional compensation 17 to the state's attorney or assistant state's attorney of any 18 county, out of the treasury of that county as may be provided 19 by law. 20 (g) For purposes of this Section, "State mental health 21 institution" means any institution under the jurisdiction of 22 the Department of Human Services that is listed in Section 4 23 of the Mental Health and Developmental Disabilities 24 Administrative Act. 25 For purposes of this Section, "State correctional 26 institution" means any facility of the Department of 27 Corrections including adult facilities, juvenile facilities, 28 pre-release centers, community correction centers, and work 29 camps. 30 For purposes of this Section, "State university" means 31 the University of Illinois, Southern Illinois University, 32 Chicago State University, Eastern Illinois University, 33 Governors State University, Illinois State University, 34 Northeastern Illinois University, Northern Illinois HB4374 Enrolled -35- LRB9111008EGfg 1 University, Western Illinois University, and any public 2 community college which has established a program of 3 interinstitutional cooperation with one of the foregoing 4 institutions whereby a student, after earning an associate 5 degree from the community college, pursues a course of study 6 at the community college campus leading to a baccalaureate 7 degree from the foregoing institution (also known as a "2 8 Plus 2" degree program). 9 (h) A number of assistant state's attorneys shall be 10 appointed in each county,that chooses to participate, as 11 provided in this subsection, for the prosecution of 12 alcohol-related traffic offenses. Each county shall receive 13 annually a subsidy for payment of the salaries and benefits 14 of these assistant state's attorneys from State funds 15 appropriated to the county for that purpose. The amounts of 16 subsidies provided by this subsection shall be adjusted for 17 inflation each July 1 using the Consumer Price Index of the 18 Bureau of Labor Statistics of the U.S. Department of Labor. 19 When a county chooses to participate in the subsidy 20 program described in this subsection (h), the number of 21 assistant state's attorneys who are prosecuting 22 alcohol-related traffic offenses must increase according to 23 the subsidy provided in this subsection. These appointed 24 assistant state's attorneys shall be in addition to any other 25 assistant state's attorneys assigned to those cases on the 26 effective date of this amendatory Act of the 91st General 27 Assembly, and may not replace those assistant state's 28 attorneys. In counties where the state's attorney is the 29 sole prosecutor, this subsidy shall be used to provide an 30 assistant state's attorney to prosecute alcohol-related 31 traffic offenses along with the state's attorney. In 32 counties where the state's attorney is the sole prosecutor, 33 and in counties where a judge presides over cases involving a 34 variety of misdemeanors, including alcohol-related traffic HB4374 Enrolled -36- LRB9111008EGfg 1 matters, assistant state's attorneys appointed and subsidized 2 by this subsection (h) may also prosecute the different 3 misdemeanor cases at the direction of the state's attorney. 4 Assistant state's attorneys shall be appointed under this 5 subsection in the following number and counties shall receive 6 the following annual subsidies: 7 (1) In counties with fewer than 30,000 inhabitants, 8 one at $35,000. 9 (2) In counties with 30,000 or more but fewer than 10 100,000 inhabitants, one at $45,000. 11 (3) In counties with 100,000 or more but fewer than 12 300,000 inhabitants, 2 at $45,000 each. 13 (4) In counties, other than Cook County, with 14 300,000 or more inhabitants, 4 at $50,000 each. 15 If in any year the amount appropriated for the purposes 16 of this subsection (h) is insufficient to pay all of the 17 subsidies specified in this subsection, the amount 18 appropriated shall be prorated among the counties choosing to 19 participate. 20 (Source: P.A. 90-14, eff. 7-1-97; 90-375, eff. 8-14-97; 21 91-273, eff. 1-1-00; 91-440, eff. 8-6-99; revised 10-19-99.) 22 (55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001) 23 Sec. 4-3001. State's attorney; assistants. 24 (a) The State's Attorney of Cook County shall be paid an 25 annual salary of $75,000 until December 31, 1988, $90,000 26 until November 30, 1990, $100,000 until June 30, 1994, and 27 $112,124 thereafter or as set by the Compensation Review 28 Board, whichever is greater. 29 Such sums shall be in full payment for all services 30 rendered by him. The State shall furnish from the State 31 treasury 66 2/3% of such salary in effect on December 31, 32 1988, 100% of the increases in salary taking effect after 33 December 31, 1988, and Cook County shall furnish 33 1/3% of HB4374 Enrolled -37- LRB9111008EGfg 1 such salary in effect on December 31, 1988. The State's 2 Attorney of Cook County may not engage in the private 3 practice of law. 4 (b) If Cook County chooses to participate in the subsidy 5 program described in this subsection (b), 24 assistant 6 state's attorneys shall be appointed for the prosecution of 7 alcohol-related traffic offenses. Cook County shall annually 8 receive a subsidy for the payment of the salaries and 9 benefits of these assistant state's attorneys from State 10 funds appropriated to Cook County for that purpose. The 11 amount of the subsidy shall equal $50,000 per assistant 12 state's attorney appointed under this subsection, adjusted 13 for inflation each July 1 using the Consumer Price Index of 14 the Bureau of Labor Statistics of the U.S. Department of 15 Labor. If in any year the amount appropriated for the 16 purposes of this subsection (b) is insufficient, the annual 17 subsidy shall be reduced accordingly. 18 When and if Cook County chooses to participate in the 19 subsidy program described in this subsection (b), the number 20 of assistant state's attorneys who are prosecuting 21 alcohol-related traffic offenses must increase by 24. These 22 appointed assistant state's attorneys shall be in addition to 23 any other assistant state's attorneys assigned to those cases 24 on the effective date of this amendatory Act of the 91st 25 General Assembly, and may not replace those assistant state's 26 attorneys. Cook County assistant state's attorneys appointed 27 and subsidized by this subsection (b) may also prosecute 28 other types of misdemeanor cases at the direction of the Cook 29 County State's Attorney. 30 (Source: P.A. 90-375, eff. 8-14-97; 91-273, eff. 1-1-00.) 31 Section 10-30. The Weights and Measures Act is amended 32 by changing Section 40 as follows: HB4374 Enrolled -38- LRB9111008EGfg 1 (225 ILCS 470/40) (from Ch. 147, par. 140) 2 Sec. 40. Inspection fee; Weights and Measures Fund. 3 Except as otherwise provided in Section 43, the Director and 4 each sealer shall collect and receive from the user of 5 weights and measures a commercial weighing or measuring 6 device inspection fee. For the use of its Metrology 7 Laboratory, the testings of weights and measures and such 8 other inspection and services performed, the Department shall 9 set a fee, the amount of which shall be according to a 10 Schedule of Weights and Measures Inspection Fees established 11 and published by the Director. The fees so collected and 12 received by the State shall be deposited into a special fund 13 to be known as the Weights and Measures Fund. All weights 14 and measures inspection fees, metrology fees, weights and 15 measures registrations, and weights and measures penalties 16 collected by the Department under this Act shall be deposited 17 into the Weights and Measures Fund. The amount annually 18 collected shall be used by the Department for activities 19 related to the enforcement of this Act and the Motor Fuel and 20 Petroleum Standards Act, and for the State's share of the 21 costs of the Field Automation Information Management project. 22 No person shall be required to pay more than 2 inspection 23 fees for any one weighing or measuring device in any one year 24 when found to be accurate. When an inspection is made upon a 25 weighing or measuring device because of a complaint by a 26 person other than the owner of such weighing or measuring 27 device, and the device is found accurate as set forth in 28 Section 8 of this Act, then the inspection fee shall be paid 29 by the complainant. 30 (Source: P.A. 88-600, eff. 9-1-94.) 31 Section 10-35. The Response Action Contractor 32 Indemnification Act is amended by changing Section 5 as 33 follows: HB4374 Enrolled -39- LRB9111008EGfg 1 (415 ILCS 100/5) (from Ch. 111 1/2, par. 7205) 2 Sec. 5. Response Contractors Indemnification Fund. 3 (a) There is hereby created the Response Contractors 4 Indemnification Fund. The State Treasurer, ex officio, shall 5 be custodian of the Fund, and the Comptroller shall direct 6 payments from the Fund upon vouchers properly certified by 7 the Attorney General in accordance with Section 4. The 8 Treasurer shall credit interest on the Fund to the Fund. 9 (b) Every State response action contract shall provide 10 that 5% of each payment to be made by the State under the 11 contract shall be paid by the State directly into the 12 Response Contractors Indemnification Fund rather than to the 13 contractor, except that when there is more than $4,000,000 in 14 the Fund at the beginning of a State fiscal year, State 15 response action contracts during that fiscal year need not 16 provide that 5% of each payment made under the contract be 17 paid into the Fund. When only a portion of a contract 18 relates to a remedial or response action, or to the 19 identification, handling, storage, treatment or disposal of a 20 pollutant, the contract shall provide that only that portion 21 is subject to this subsection. 22 (c) Within 30 days after the effective date of this 23 amendatory Act of 1997, the Comptroller shall order 24 transferred and the Treasurer shall transfer $1,200,000 from 25 the Response Contractors Indemnification Fund to the 26 Brownfields Redevelopment Fund. The Comptroller shall order 27 transferred and the Treasurer shall transfer $1,200,000 from 28 the Response Contractors Indemnification Fund to the 29 Brownfields Redevelopment Fund on the first day of fiscal 30 years 1999, 2000, 2001, and 2002. 31 (d) Within 30 days after the effective date of this 32 amendatory Act of the 91st General Assembly, the Comptroller 33 shall order transferred and the Treasurer shall transfer 34 $2,000,000 from the Response Contractors Indemnification Fund HB4374 Enrolled -40- LRB9111008EGfg 1 to the Asbestos Abatement Fund. 2 (Source: P.A. 89-254, eff. 8-8-95; 90-123, eff. 7-21-97.) 3 Section 10-40. The Unemployment Insurance Act is amended 4 by changing Section 2103 as follows: 5 (820 ILCS 405/2103) (from Ch. 48, par. 663) 6 Sec. 2103. Unemployment compensation administration and 7 other workforce development costscost. All moneys received 8 by the State or by the Director from any source for the 9 financing of the cost of administration of this Act, 10 including all federal moneys allotted or apportioned to the 11 State or to the Director for that purpose, including moneys 12 received directly or indirectly from the federal government 13 under the Job Training Partnership Act, and including moneys 14 received from the Railroad Retirement Board as compensation 15 for services or facilities supplied to said Board, or any 16 moneys made available by this State or its political 17 subdivisions and matched by moneys granted to this State 18 pursuant to the provisions of the Wagner-Peyser Act, shall be 19 received and held by the State Treasurer as ex-officio 20 custodian thereof, separate and apart from all other State 21 moneys, in the Title III Social Security and Employment Fund, 22 and such funds shall be distributed or expended upon the 23 direction of the Director and, except money received pursuant 24 to the last paragraph of Section 2100B, shall be distributed 25 or expended solely for the purposes and in the amounts found 26 necessary by the Secretary of Labor of the United States of 27 America, or other appropriate federal agency, for the proper 28 and efficient administration of this Act. Notwithstanding 29 any provision of this Section, all money requisitioned and 30 deposited with the State Treasurer pursuant to the last 31 paragraph of Section 2100B shall remain part of the 32 unemployment trust fund and shall be used only in accordance HB4374 Enrolled -41- LRB9111008EGfg 1 with the conditions specified in the last paragraph of 2 Section 2100B. 3 If any moneys received from the Secretary of Labor, or 4 other appropriate federal agency, under Title III of the 5 Social Security Act, or any moneys granted to this State 6 pursuant to the provisions of the Wagner-Peyser Act, or any 7 moneys made available by this State or its political 8 subdivisions and matched by moneys granted to this State 9 pursuant to the provisions of the Wagner-Peyser Act, are 10 found by the Secretary of Labor, or other appropriate Federal 11 agency, because of any action or contingency, to have been 12 lost or expended for purposes other than, or in amounts in 13 excess of, those found necessary, by the Secretary of Labor, 14 or other appropriate Federal agency, for the proper 15 administration of this Act, it is the policy of this State 16 that such moneys shall be replaced by moneys appropriated for 17 such purpose from the general funds of this State for 18 expenditure as provided in the first paragraph of this 19 Section. The Director shall report to the Bureau of the 20 Budget, in the same manner as is provided generally for the 21 submission by State Departments of financial requirements for 22 the ensuing fiscal year, and the Governor shall include in 23 his budget report to the next regular session of the General 24 Assembly, the amount required for such replacement. 25 Moneys in the Title III Social Security and Employment 26thisFund shall not be commingled with other State funds, but 27 they shall be deposited as required by law and maintained in 28 a separate account on the books of a savings and loan 29 association or bank. 30 The State Treasurer shall be liable on his general 31 official bond for the faithful performance of his duties as 32 custodian of allsuchmoneys in the Title III Social Security 33 and Employment Fundas may come into his hands by virtue of34this Section. Such liability on his official bond shall HB4374 Enrolled -42- LRB9111008EGfg 1 exist in addition to the liability upon any separate bond 2 given by him. All sums recovered for losses sustained by the 3 fund herein described shall be deposited therein. 4 Upon the effective date of this amendatory Act of 1987 5 (January 1, 1988), the Comptroller shall transfer all 6 unobligated funds from the Job Training Fund into the Title 7 III Social Security and Employment Fund. 8 On September 1, 2000, or as soon thereafter as may be 9 reasonably practicable, the State Comptroller shall transfer 10 all unobligated moneys from the Job Training Partnership Fund 11 into the Title III Social Security and Employment Fund. The 12 moneys transferred pursuant to this amendatory Act may be 13 used or expended for purposes consistent with the conditions 14 under which those moneys were received by the State. 15 Beginning on the effective date of this amendatory Act of 16 the 91st General Assembly, all moneys that would otherwise be 17 deposited into the Job Training Partnership Fund shall 18 instead be deposited into the Title III Social Security and 19 Employment Fund, to be used for purposes consistent with the 20 conditions under which those moneys are received by the 21 State, except that any moneys that may be necessary to pay 22 liabilities outstanding as of June 30, 2000 shall be 23 deposited into the Job Training Partnership Fund. 24 (Source: P.A. 85-956.) 25 ARTICLE 99. EFFECTIVE DATE 26 Section 99-1. Effective date. This Act takes effect July 27 1, 2000, except that this Section and the changes to Section 28 8g of the State Finance Act take effect upon becoming law.