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92_HB0708enr HB0708 Enrolled LRB9203186EGfg 1 AN ACT to revise the law by combining multiple enactments 2 and making technical corrections. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Nature of this Act. 6 (a) This Act may be cited as the First 2001 General 7 Revisory Act. 8 (b) This Act is not intended to make any substantive 9 change in the law. It reconciles conflicts that have arisen 10 from multiple amendments and enactments and makes technical 11 corrections and revisions in the law. 12 This Act revises and, where appropriate, renumbers 13 certain Sections that have been added or amended by more than 14 one Public Act. In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law. This Act also corrects errors, revises 18 cross-references, and deletes obsolete text. 19 (c) In this Act, the reference at the end of each 20 amended Section indicates the sources in the Session Laws of 21 Illinois that were used in the preparation of the text of 22 that Section. The text of the Section included in this Act 23 is intended to reconcile the different versions of the 24 Section found in the Public Acts included in the list of 25 sources, but may not include other versions of the Section to 26 be found in Public Acts not included in the list of sources. 27 The list of sources is not a part of the text of the Section. 28 (d) Public Acts 91-001 through 91-937 were considered in 29 the preparation of the combining revisories included in this 30 Act. Many of those combining revisories contain no striking 31 or underscoring because no additional changes are being made 32 in the material that is being combined. HB0708 Enrolled -2- LRB9203186EGfg 1 Section 5. The Regulatory Sunset Act is amended by 2 changing Sections 4.10, 4.20, and 4.21 as follows: 3 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10) 4 Sec. 4.10. The following Acts are repealed December 31, 5 1999: 6 The Fire Equipment Distributor and Employee Regulation 7 Act. 8 The Land Sales Registration Act of 1989. 9 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, 10 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 11 91-255, eff. 12-30-99; revised 11-9-99.) 12 (5 ILCS 80/4.20) 13 Sec. 4.20. ActsActrepealed on January 1, 2010December1431, 2009. The following Acts areAct isrepealed on January 15 1, 2010December 31, 2009: 16 The Auction License Act. 17 The Illinois Architecture Practice Act of 1989. 18 The Illinois Landscape Architecture Act of 1989. 19 The Illinois Professional Land Surveyor Act of 1989. 20 The Land Sales Registration Act of 1999. 21 TheIllinoisOrthotics, Prosthetics, and Pedorthics 22 Practice Act. 23 The Perfusionist Practice Act. 24 The Professional Engineering Practice Act of 1989. 25 The Real Estate License Act of 2000. 26 The Structural Engineering Practice Act of 1989. 27 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, 28 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 29 91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff. 30 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; revised 31 12-10-99.) HB0708 Enrolled -3- LRB9203186EGfg 1 (5 ILCS 80/4.21) 2 Sec. 4.21. ActsActrepealed on January 1, 2011. The 3 following Acts areAct isrepealed on January 1, 2011: 4 The Fire Equipment Distributor and Employee Regulation 5 Act of 2000. 6 The Radiation Protection Act of 1990. 7 (Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00; 8 revised 9-1-00.) 9 Section 6.5. The Illinois Administrative Procedure Act 10 is amended by changing Section 10-50 as follows: 11 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50) 12 Sec. 10-50. Decisions and orders. 13 (a) A final decision or order adverse to a party (other 14 than the agency) in a contested case shall be in writing or 15 stated in the record. A final decision shall include 16 findings of fact and conclusions of law, separately stated. 17 Findings of fact, if set forth in statutory language, shall 18 be accompanied by a concise and explicit statement of the 19 underlying facts supporting the findings. If, in accordance 20 with agency rules, a party submitted proposed findings of 21 fact, the decision shall include a ruling upon each proposed 22 finding. Parties or their agents appointed to receive 23 service of process shall be notified either personally or by 24 registered or certified mail of any decision or order. Upon 25 request a copy of the decision or order shall be delivered or 26 mailed forthwith to each party and to his attorney of record. 27 (b) All agency orders shall specify whether they are 28 final and subject to the Administrative Review Law. 29 (c) A decision by any agency in a contested case under 30 this Act shall be void unless the proceedings are conducted 31 in compliance with the provisions of this Act relating to 32 contested cases, except to the extent those provisions are HB0708 Enrolled -4- LRB9203186EGfg 1 waived under Section 10-7010-75and except to the extent the 2 agency has adopted its own rules for contested cases as 3 authorized in Section 1-5. 4 (Source: P.A. 87-823; revised 2-24-00.) 5 Section 7. The Freedom of Information Act is amended by 6 changing Section 7 as follows: 7 (5 ILCS 140/7) (from Ch. 116, par. 207) 8 Sec. 7. Exemptions. 9 (1) The following shall be exempt from inspection and 10 copying: 11 (a) Information specifically prohibited from 12 disclosure by federal or State law or rules and 13 regulations adopted under federal or State law. 14 (b) Information that, if disclosed, would 15 constitute a clearly unwarranted invasion of personal 16 privacy, unless the disclosure is consented to in writing 17 by the individual subjects of the information. The 18 disclosure of information that bears on the public duties 19 of public employees and officials shall not be considered 20 an invasion of personal privacy. Information exempted 21 under this subsection (b) shall include but is not 22 limited to: 23 (i) files and personal information maintained 24 with respect to clients, patients, residents, 25 students or other individuals receiving social, 26 medical, educational, vocational, financial, 27 supervisory or custodial care or services directly 28 or indirectly from federal agencies or public 29 bodies; 30 (ii) personnel files and personal information 31 maintained with respect to employees, appointees or 32 elected officials of any public body or applicants HB0708 Enrolled -5- LRB9203186EGfg 1 for those positions; 2 (iii) files and personal information 3 maintained with respect to any applicant, registrant 4 or licensee by any public body cooperating with or 5 engaged in professional or occupational 6 registration, licensure or discipline; 7 (iv) information required of any taxpayer in 8 connection with the assessment or collection of any 9 tax unless disclosure is otherwise required by State 10 statute; and 11 (v) information revealing the identity of 12 persons who file complaints with or provide 13 information to administrative, investigative, law 14 enforcement or penal agencies; provided, however, 15 that identification of witnesses to traffic 16 accidents, traffic accident reports, and rescue 17 reports may be provided by agencies of local 18 government, except in a case for which a criminal 19 investigation is ongoing, without constituting a 20 clearly unwarranted per se invasion of personal 21 privacy under this subsection. 22 (c) Records compiled by any public body for 23 administrative enforcement proceedings and any law 24 enforcement or correctional agency for law enforcement 25 purposes or for internal matters of a public body, but 26 only to the extent that disclosure would: 27 (i) interfere with pending or actually and 28 reasonably contemplated law enforcement proceedings 29 conducted by any law enforcement or correctional 30 agency; 31 (ii) interfere with pending administrative 32 enforcement proceedings conducted by any public 33 body; 34 (iii) deprive a person of a fair trial or an HB0708 Enrolled -6- LRB9203186EGfg 1 impartial hearing; 2 (iv) unavoidably disclose the identity of a 3 confidential source or confidential information 4 furnished only by the confidential source; 5 (v) disclose unique or specialized 6 investigative techniques other than those generally 7 used and known or disclose internal documents of 8 correctional agencies related to detection, 9 observation or investigation of incidents of crime 10 or misconduct; 11 (vi) constitute an invasion of personal 12 privacy under subsection (b) of this Section; 13 (vii) endanger the life or physical safety of 14 law enforcement personnel or any other person; or 15 (viii) obstruct an ongoing criminal 16 investigation. 17 (d) Criminal history record information maintained 18 by State or local criminal justice agencies, except the 19 following which shall be open for public inspection and 20 copying: 21 (i) chronologically maintained arrest 22 information, such as traditional arrest logs or 23 blotters; 24 (ii) the name of a person in the custody of a 25 law enforcement agency and the charges for which 26 that person is being held; 27 (iii) court records that are public; 28 (iv) records that are otherwise available 29 under State or local law; or 30 (v) records in which the requesting party is 31 the individual identified, except as provided under 32 part (vii) of paragraph (c) of subsection (1) of 33 this Section. 34 "Criminal history record information" means data HB0708 Enrolled -7- LRB9203186EGfg 1 identifiable to an individual and consisting of 2 descriptions or notations of arrests, detentions, 3 indictments, informations, pre-trial proceedings, trials, 4 or other formal events in the criminal justice system or 5 descriptions or notations of criminal charges (including 6 criminal violations of local municipal ordinances) and 7 the nature of any disposition arising therefrom, 8 including sentencing, court or correctional supervision, 9 rehabilitation and release. The term does not apply to 10 statistical records and reports in which individuals are 11 not identified and from which their identities are not 12 ascertainable, or to information that is for criminal 13 investigative or intelligence purposes. 14 (e) Records that relate to or affect the security 15 of correctional institutions and detention facilities. 16 (f) Preliminary drafts, notes, recommendations, 17 memoranda and other records in which opinions are 18 expressed, or policies or actions are formulated, except 19 that a specific record or relevant portion of a record 20 shall not be exempt when the record is publicly cited and 21 identified by the head of the public body. The exemption 22 provided in this paragraph (f) extends to all those 23 records of officers and agencies of the General Assembly 24 that pertain to the preparation of legislative documents. 25 (g) Trade secrets and commercial or financial 26 information obtained from a person or business where the 27 trade secrets or information are proprietary, privileged 28 or confidential, or where disclosure of the trade secrets 29 or information may cause competitive harm, including all 30 information determined to be confidential under Section 31 4002 of the Technology Advancement and Development Act. 32 Nothing contained in this paragraph (g) shall be 33 construed to prevent a person or business from consenting 34 to disclosure. HB0708 Enrolled -8- LRB9203186EGfg 1 (h) Proposals and bids for any contract, grant, or 2 agreement, including information which if it were 3 disclosed would frustrate procurement or give an 4 advantage to any person proposing to enter into a 5 contractor agreement with the body, until an award or 6 final selection is made. Information prepared by or for 7 the body in preparation of a bid solicitation shall be 8 exempt until an award or final selection is made. 9 (i) Valuable formulae, designs, drawings and 10 research data obtained or produced by any public body 11 when disclosure could reasonably be expected to produce 12 private gain or public loss. 13 (j) Test questions, scoring keys and other 14 examination data used to administer an academic 15 examination or determined the qualifications of an 16 applicant for a license or employment. 17 (k) Architects' plans and engineers' technical 18 submissions for projects not constructed or developed in 19 whole or in part with public funds and for projects 20 constructed or developed with public funds, to the extent 21 that disclosure would compromise security. 22 (l) Library circulation and order records 23 identifying library users with specific materials. 24 (m) Minutes of meetings of public bodies closed to 25 the public as provided in the Open Meetings Act until the 26 public body makes the minutes available to the public 27 under Section 2.06 of the Open Meetings Act. 28 (n) Communications between a public body and an 29 attorney or auditor representing the public body that 30 would not be subject to discovery in litigation, and 31 materials prepared or compiled by or for a public body in 32 anticipation of a criminal, civil or administrative 33 proceeding upon the request of an attorney advising the 34 public body, and materials prepared or compiled with HB0708 Enrolled -9- LRB9203186EGfg 1 respect to internal audits of public bodies. 2 (o) Information received by a primary or secondary 3 school, college or university under its procedures for 4 the evaluation of faculty members by their academic 5 peers. 6 (p) Administrative or technical information 7 associated with automated data processing operations, 8 including but not limited to software, operating 9 protocols, computer program abstracts, file layouts, 10 source listings, object modules, load modules, user 11 guides, documentation pertaining to all logical and 12 physical design of computerized systems, employee 13 manuals, and any other information that, if disclosed, 14 would jeopardize the security of the system or its data 15 or the security of materials exempt under this Section. 16 (q) Documents or materials relating to collective 17 negotiating matters between public bodies and their 18 employees or representatives, except that any final 19 contract or agreement shall be subject to inspection and 20 copying. 21 (r) Drafts, notes, recommendations and memoranda 22 pertaining to the financing and marketing transactions of 23 the public body. The records of ownership, registration, 24 transfer, and exchange of municipal debt obligations, and 25 of persons to whom payment with respect to these 26 obligations is made. 27 (s) The records, documents and information relating 28 to real estate purchase negotiations until those 29 negotiations have been completed or otherwise terminated. 30 With regard to a parcel involved in a pending or actually 31 and reasonably contemplated eminent domain proceeding 32 under Article VII of the Code of Civil Procedure, 33 records, documents and information relating to that 34 parcel shall be exempt except as may be allowed under HB0708 Enrolled -10- LRB9203186EGfg 1 discovery rules adopted by the Illinois Supreme Court. 2 The records, documents and information relating to a real 3 estate sale shall be exempt until a sale is consummated. 4 (t) Any and all proprietary information and records 5 related to the operation of an intergovernmental risk 6 management association or self-insurance pool or jointly 7 self-administered health and accident cooperative or 8 pool. 9 (u) Information concerning a university's 10 adjudication of student or employee grievance or 11 disciplinary cases, to the extent that disclosure would 12 reveal the identity of the student or employee and 13 information concerning any public body's adjudication of 14 student or employee grievances or disciplinary cases, 15 except for the final outcome of the cases. 16 (v) Course materials or research materials used by 17 faculty members. 18 (w) Information related solely to the internal 19 personnel rules and practices of a public body. 20 (x) Information contained in or related to 21 examination, operating, or condition reports prepared by, 22 on behalf of, or for the use of a public body responsible 23 for the regulation or supervision of financial 24 institutions or insurance companies, unless disclosure is 25 otherwise required by State law. 26 (y) Information the disclosure of which is 27 restricted under Section 5-108 of the Public Utilities 28 Act. 29 (z) Manuals or instruction to staff that relate to 30 establishment or collection of liability for any State 31 tax or that relate to investigations by a public body to 32 determine violation of any criminal law. 33 (aa) Applications, related documents, and medical 34 records received by the Experimental Organ HB0708 Enrolled -11- LRB9203186EGfg 1 Transplantation Procedures Board and any and all 2 documents or other records prepared by the Experimental 3 Organ Transplantation Procedures Board or its staff 4 relating to applications it has received. 5 (bb) Insurance or self insurance (including any 6 intergovernmental risk management association or self 7 insurance pool) claims, loss or risk management 8 information, records, data, advice or communications. 9 (cc) Information and records held by the Department 10 of Public Health and its authorized representatives 11 relating to known or suspected cases of sexually 12 transmissible disease or any information the disclosure 13 of which is restricted under the Illinois Sexually 14 Transmissible Disease Control Act. 15 (dd) Information the disclosure of which is 16 exempted under Section 30 of the Radon Industry Licensing 17 Act. 18 (ee) Firm performance evaluations under Section 55 19 of the Architectural, Engineering, and Land Surveying 20 Qualifications Based Selection Act. 21 (ff) Security portions of system safety program 22 plans, investigation reports, surveys, schedules, lists, 23 data, or information compiled, collected, or prepared by 24 or for the Regional Transportation Authority under 25 Section 2.11 of the Regional Transportation Authority Act 26 or the State of Missouri under the Bi-State Transit 27 Safety Act. 28 (gg) Information the disclosure of which is 29 restricted and exempted under Section 50 of the Illinois 30 Prepaid Tuition Act. 31 (hh) Information the disclosure of which is 32 exempted under Section 80 of the State Gift Ban Act. 33 (ii) Beginning July 1, 1999, information that would 34 disclose or might lead to the disclosure of secret or HB0708 Enrolled -12- LRB9203186EGfg 1 confidential information, codes, algorithms, programs, or 2 private keys intended to be used to create electronic or 3 digital signatures under the Electronic Commerce Security 4 Act. 5 (jj) Information contained in a local emergency 6 energy plan submitted to a municipality in accordance 7 with a local emergency energy plan ordinance that is 8 adopted under Section 11-21.5-5 of the Illinois Municipal 9 Code. 10 (kk)(jj)Information and data concerning the 11 distribution of surcharge moneys collected and remitted 12 by wireless carriers under the Wireless Emergency 13 Telephone Safety Act. 14 (2) This Section does not authorize withholding of 15 information or limit the availability of records to the 16 public, except as stated in this Section or otherwise 17 provided in this Act. 18 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 19 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 20 1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357, 21 eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.) 22 Section 8. The State Records Act is amended by changing 23 Section 4a as follows: 24 (5 ILCS 160/4a) 25 Sec. 4a. Arrest reports. 26 (a) When an individual is arrested, the following 27 information must be made available to the news media for 28 inspection and copying: 29 (1) Information that identifies the individual 30person, including the name, age, address, and photograph, 31 when and if available. 32 (2) Information detailing any charges relating to HB0708 Enrolled -13- LRB9203186EGfg 1 the arrest. 2 (3) The time and location of the arrest. 3 (4) The name of the investigating or arresting law 4 enforcement agency. 5 (5) If the individual is incarcerated, the amount 6 of any bail or bond. 7 (6) If the individual is incarcerated, the time and 8 date that the individual was received, discharged, or 9 transferred from the arresting agency's custody. 10 (b) The information required by this Section must be 11 made available to the news media for inspection and copying 12 as soon as practicable, but in no event shall the time period 13 exceed 72 hours from the arrest. The information described 14 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 15 subsection (a), however, may be withheld if it is determined 16 that disclosure would: 17 (1) interfere with pending or actually and 18 reasonably contemplated law enforcement proceedings 19 conducted by any law enforcement or correctional agency; 20 (2) endanger the life or physical safety of law 21 enforcement or correctional personnel or any other 22 person; or 23 (3) compromise the security of any correctional 24 facility. 25 (c) For the purposes of this Section, the term "news 26 media" means personnel of a newspaper or other periodical 27 issued at regular intervals, a news service, a radio station, 28 a television station, a community antenna television service, 29 or a person or corporation engaged in making news reels or 30 other motion picture news for public showing. 31 (d) Each law enforcement or correctional agency may 32 charge fees for arrest records, but in no instance may the 33 fee exceed the actual cost of copying and reproduction. The 34 fees may not include the cost of the labor used to reproduce HB0708 Enrolled -14- LRB9203186EGfg 1 the arrest record. 2 (e) The provisions of this Section do not supersede the 3 confidentiality provisions for arrest records of the Juvenile 4 Court Act of 1987. 5 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 6 Section 9. The State Employees Group Insurance Act of 7 1971 is amended by changing Sections 3 and 10 and by changing 8 and renumbering multiple versions of Section 6.12 as follows: 9 (5 ILCS 375/3) (from Ch. 127, par. 523) 10 Sec. 3. Definitions. Unless the context otherwise 11 requires, the following words and phrases as used in this Act 12 shall have the following meanings. The Department may define 13 these and other words and phrases separately for the purpose 14 of implementing specific programs providing benefits under 15 this Act. 16 (a) "Administrative service organization" means any 17 person, firm or corporation experienced in the handling of 18 claims which is fully qualified, financially sound and 19 capable of meeting the service requirements of a contract of 20 administration executed with the Department. 21 (b) "Annuitant" means (1) an employee who retires, or 22 has retired, on or after January 1, 1966 on an immediate 23 annuity under the provisions of Articles 2, 14, 15 (including 24 an employee who has retired under the optional retirement 25 program established under Section 15-158.2), paragraphs (2), 26 (3), or (5) of Section 16-106, or Article 18 of the Illinois 27 Pension Code; (2) any person who was receiving group 28 insurance coverage under this Act as of March 31, 1978 by 29 reason of his status as an annuitant, even though the annuity 30 in relation to which such coverage was provided is a 31 proportional annuity based on less than the minimum period of 32 service required for a retirement annuity in the system HB0708 Enrolled -15- LRB9203186EGfg 1 involved; (3) any person not otherwise covered by this Act 2 who has retired as a participating member under Article 2 of 3 the Illinois Pension Code but is ineligible for the 4 retirement annuity under Section 2-119 of the Illinois 5 Pension Code; (4) the spouse of any person who is receiving a 6 retirement annuity under Article 18 of the Illinois Pension 7 Code and who is covered under a group health insurance 8 program sponsored by a governmental employer other than the 9 State of Illinois and who has irrevocably elected to waive 10 his or her coverage under this Act and to have his or her 11 spouse considered as the "annuitant" under this Act and not 12 as a "dependent"; or (5) an employee who retires, or has 13 retired, from a qualified position, as determined according 14 to rules promulgated by the Director, under a qualified local 15 government or a qualified rehabilitation facility or a 16 qualified domestic violence shelter or service. (For 17 definition of "retired employee", see (p) post). 18 (b-5) "New SERS annuitant" means a person who, on or 19 after January 1, 1998, becomes an annuitant, as defined in 20 subsection (b), by virtue of beginning to receive a 21 retirement annuity under Article 14 of the Illinois Pension 22 Code, and is eligible to participate in the basic program of 23 group health benefits provided for annuitants under this Act. 24 (b-6) "New SURS annuitant" means a person who (1) on or 25 after January 1, 1998, becomes an annuitant, as defined in 26 subsection (b), by virtue of beginning to receive a 27 retirement annuity under Article 15 of the Illinois Pension 28 Code, (2) has not made the election authorized under Section 29 15-135.1 of the Illinois Pension Code, and (3) is eligible to 30 participate in the basic program of group health benefits 31 provided for annuitants under this Act. 32 (b-7) "New TRS State annuitant" means a person who, on 33 or after July 1, 1998, becomes an annuitant, as defined in 34 subsection (b), by virtue of beginning to receive a HB0708 Enrolled -16- LRB9203186EGfg 1 retirement annuity under Article 16 of the Illinois Pension 2 Code based on service as a teacher as defined in paragraph 3 (2), (3), or (5) of Section 16-106 of that Code, and is 4 eligible to participate in the basic program of group health 5 benefits provided for annuitants under this Act. 6 (c) "Carrier" means (1) an insurance company, a 7 corporation organized under the Limited Health Service 8 Organization Act or the Voluntary Health Services Plan Act, a 9 partnership, or other nongovernmental organization, which is 10 authorized to do group life or group health insurance 11 business in Illinois, or (2) the State of Illinois as a 12 self-insurer. 13 (d) "Compensation" means salary or wages payable on a 14 regular payroll by the State Treasurer on a warrant of the 15 State Comptroller out of any State, trust or federal fund, or 16 by the Governor of the State through a disbursing officer of 17 the State out of a trust or out of federal funds, or by any 18 Department out of State, trust, federal or other funds held 19 by the State Treasurer or the Department, to any person for 20 personal services currently performed, and ordinary or 21 accidental disability benefits under Articles 2, 14, 15 22 (including ordinary or accidental disability benefits under 23 the optional retirement program established under Section 24 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 25 Article 18 of the Illinois Pension Code, for disability 26 incurred after January 1, 1966, or benefits payable under the 27 Workers' Compensation or Occupational Diseases Act or 28 benefits payable under a sick pay plan established in 29 accordance with Section 36 of the State Finance Act. 30 "Compensation" also means salary or wages paid to an employee 31 of any qualified local government or qualified rehabilitation 32 facility or a qualified domestic violence shelter or service. 33 (e) "Commission" means the State Employees Group 34 Insurance Advisory Commission authorized by this Act. HB0708 Enrolled -17- LRB9203186EGfg 1 Commencing July 1, 1984, "Commission" as used in this Act 2 means the Illinois Economic and Fiscal Commission as 3 established by the Legislative Commission Reorganization Act 4 of 1984. 5 (f) "Contributory", when referred to as contributory 6 coverage, shall mean optional coverages or benefits elected 7 by the member toward the cost of which such member makes 8 contribution, or which are funded in whole or in part through 9 the acceptance of a reduction in earnings or the foregoing of 10 an increase in earnings by an employee, as distinguished from 11 noncontributory coverage or benefits which are paid entirely 12 by the State of Illinois without reduction of the member's 13 salary. 14 (g) "Department" means any department, institution, 15 board, commission, officer, court or any agency of the State 16 government receiving appropriations and having power to 17 certify payrolls to the Comptroller authorizing payments of 18 salary and wages against such appropriations as are made by 19 the General Assembly from any State fund, or against trust 20 funds held by the State Treasurer and includes boards of 21 trustees of the retirement systems created by Articles 2, 14, 22 15, 16 and 18 of the Illinois Pension Code. "Department" 23 also includes the Illinois Comprehensive Health Insurance 24 Board, the Board of Examiners established under the Illinois 25 Public Accounting Act, and the Illinois Rural Bond Bank. 26 (h) "Dependent", when the term is used in the context of 27 the health and life plan, means a member's spouse and any 28 unmarried child (1) from birth to age 19 including an adopted 29 child, a child who lives with the member from the time of the 30 filing of a petition for adoption until entry of an order of 31 adoption, a stepchild or recognized child who lives with the 32 member in a parent-child relationship, or a child who lives 33 with the member if such member is a court appointed guardian 34 of the child, or (2) age 19 to 23 enrolled as a full-time HB0708 Enrolled -18- LRB9203186EGfg 1 student in any accredited school, financially dependent upon 2 the member, and eligible to be claimed as a dependent for 3 income tax purposes, or (3) age 19 or over who is mentally or 4 physically handicapped. For the health plan only, the term 5 "dependent" also includes any person enrolled prior to the 6 effective date of this Section who is dependent upon the 7 member to the extent that the member may claim such person as 8 a dependent for income tax deduction purposes; no other such 9 person may be enrolled. 10 (i) "Director" means the Director of the Illinois 11 Department of Central Management Services. 12 (j) "Eligibility period" means the period of time a 13 member has to elect enrollment in programs or to select 14 benefits without regard to age, sex or health. 15 (k) "Employee" means and includes each officer or 16 employee in the service of a department who (1) receives his 17 compensation for service rendered to the department on a 18 warrant issued pursuant to a payroll certified by a 19 department or on a warrant or check issued and drawn by a 20 department upon a trust, federal or other fund or on a 21 warrant issued pursuant to a payroll certified by an elected 22 or duly appointed officer of the State or who receives 23 payment of the performance of personal services on a warrant 24 issued pursuant to a payroll certified by a Department and 25 drawn by the Comptroller upon the State Treasurer against 26 appropriations made by the General Assembly from any fund or 27 against trust funds held by the State Treasurer, and (2) is 28 employed full-time or part-time in a position normally 29 requiring actual performance of duty during not less than 1/2 30 of a normal work period, as established by the Director in 31 cooperation with each department, except that persons elected 32 by popular vote will be considered employees during the 33 entire term for which they are elected regardless of hours 34 devoted to the service of the State, and (3) except that HB0708 Enrolled -19- LRB9203186EGfg 1 "employee" does not include any person who is not eligible by 2 reason of such person's employment to participate in one of 3 the State retirement systems under Articles 2, 14, 15 (either 4 the regular Article 15 system or the optional retirement 5 program established under Section 15-158.2) or 18, or under 6 paragraph (2), (3), or (5) of Section 16-106, of the Illinois 7 Pension Code, but such term does include persons who are 8 employed during the 6 month qualifying period under Article 9 14 of the Illinois Pension Code. Such term also includes any 10 person who (1) after January 1, 1966, is receiving ordinary 11 or accidental disability benefits under Articles 2, 14, 15 12 (including ordinary or accidental disability benefits under 13 the optional retirement program established under Section 14 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 15 Article 18 of the Illinois Pension Code, for disability 16 incurred after January 1, 1966, (2) receives total permanent 17 or total temporary disability under the Workers' Compensation 18 Act or Occupational Disease Act as a result of injuries 19 sustained or illness contracted in the course of employment 20 with the State of Illinois, or (3) is not otherwise covered 21 under this Act and has retired as a participating member 22 under Article 2 of the Illinois Pension Code but is 23 ineligible for the retirement annuity under Section 2-119 of 24 the Illinois Pension Code. However, a person who satisfies 25 the criteria of the foregoing definition of "employee" except 26 that such person is made ineligible to participate in the 27 State Universities Retirement System by clause (4) of 28 subsection (a) of Section 15-107 of the Illinois Pension Code 29 is also an "employee" for the purposes of this Act. 30 "Employee" also includes any person receiving or eligible for 31 benefits under a sick pay plan established in accordance with 32 Section 36 of the State Finance Act. "Employee" also includes 33 each officer or employee in the service of a qualified local 34 government, including persons appointed as trustees of HB0708 Enrolled -20- LRB9203186EGfg 1 sanitary districts regardless of hours devoted to the service 2 of the sanitary district, and each employee in the service of 3 a qualified rehabilitation facility and each full-time 4 employee in the service of a qualified domestic violence 5 shelter or service, as determined according to rules 6 promulgated by the Director. 7 (l) "Member" means an employee, annuitant, retired 8 employee or survivor. 9 (m) "Optional coverages or benefits" means those 10 coverages or benefits available to the member on his or her 11 voluntary election, and at his or her own expense. 12 (n) "Program" means the group life insurance, health 13 benefits and other employee benefits designed and contracted 14 for by the Director under this Act. 15 (o) "Health plan" means a health benefits program 16 offered by the State of Illinois for persons eligible for the 17 plan. 18 (p) "Retired employee" means any person who would be an 19 annuitant as that term is defined herein but for the fact 20 that such person retired prior to January 1, 1966. Such term 21 also includes any person formerly employed by the University 22 of Illinois in the Cooperative Extension Service who would be 23 an annuitant but for the fact that such person was made 24 ineligible to participate in the State Universities 25 Retirement System by clause (4) of subsection (a) of Section 26 15-107 of the Illinois Pension Code. 27 (q) "Survivor" means a person receiving an annuity as a 28 survivor of an employee or of an annuitant. "Survivor" also 29 includes: (1) the surviving dependent of a person who 30 satisfies the definition of "employee" except that such 31 person is made ineligible to participate in the State 32 Universities Retirement System by clause (4) of subsection 33 (a) of Section 15-107 of the Illinois Pension Code; and (2) 34 the surviving dependent of any person formerly employed by HB0708 Enrolled -21- LRB9203186EGfg 1 the University of Illinois in the Cooperative Extension 2 Service who would be an annuitant except for the fact that 3 such person was made ineligible to participate in the State 4 Universities Retirement System by clause (4) of subsection 5 (a) of Section 15-107 of the Illinois Pension Code. 6 (q-5) "New SERS survivor" means a survivor, as defined 7 in subsection (q), whose annuity is paid under Article 14 of 8 the Illinois Pension Code and is based on the death of (i) an 9 employee whose death occurs on or after January 1, 1998, or 10 (ii) a new SERS annuitant as defined in subsection (b-5). 11 (q-6) "New SURS survivor" means a survivor, as defined 12 in subsection (q), whose annuity is paid under Article 15 of 13 the Illinois Pension Code and is based on the death of (i) an 14 employee whose death occurs on or after January 1, 1998, or 15 (ii) a new SURS annuitant as defined in subsection (b-6). 16 (q-7) "New TRS State survivor" means a survivor, as 17 defined in subsection (q), whose annuity is paid under 18 Article 16 of the Illinois Pension Code and is based on the 19 death of (i) an employee who is a teacher as defined in 20 paragraph (2), (3), or (5) of Section 16-106 of that Code and 21 whose death occurs on or after July 1, 1998, or (ii) a new 22 TRS State annuitant as defined in subsection (b-7). 23 (r) "Medical services" means the services provided 24 within the scope of their licenses by practitioners in all 25 categories licensed under the Medical Practice Act of 1987. 26 (s) "Unit of local government" means any county, 27 municipality, township, school district, special district or 28 other unit, designated as a unit of local government by law, 29 which exercises limited governmental powers or powers in 30 respect to limited governmental subjects, any not-for-profit 31 association with a membership that primarily includes 32 townships and township officials, that has duties that 33 include provision of research service, dissemination of 34 information, and other acts for the purpose of improving HB0708 Enrolled -22- LRB9203186EGfg 1 township government, and that is funded wholly or partly in 2 accordance with Section 85-15 of the Township Code; any 3 not-for-profit corporation or association, with a membership 4 consisting primarily of municipalities, that operates its own 5 utility system, and provides research, training, 6 dissemination of information, or other acts to promote 7 cooperation between and among municipalities that provide 8 utility services and for the advancement of the goals and 9 purposes of its membership; the Southern Illinois Collegiate 10 Common Market, which is a consortium of higher education 11 institutions in Southern Illinois; and the Illinois 12 Association of Park Districts. "Qualified local government" 13 means a unit of local government approved by the Director and 14 participating in a program created under subsection (i) of 15 Section 10 of this Act. 16 (t) "Qualified rehabilitation facility" means any 17 not-for-profit organization that is accredited by the 18 Commission on Accreditation of Rehabilitation Facilities or 19 certified by the Department of Human Services (as successor 20 to the Department of Mental Health and Developmental 21 Disabilities) to provide services to persons with 22 disabilities and which receives funds from the State of 23 Illinois for providing those services, approved by the 24 Director and participating in a program created under 25 subsection (j) of Section 10 of this Act. 26 (u) "Qualified domestic violence shelter or service" 27 means any Illinois domestic violence shelter or service and 28 its administrative offices funded by the Department of Human 29 Services (as successor to the Illinois Department of Public 30 Aid), approved by the Director and participating in a program 31 created under subsection (k) of Section 10. 32 (v) "TRS benefit recipient" means a person who: 33 (1) is not a "member" as defined in this Section; 34 and HB0708 Enrolled -23- LRB9203186EGfg 1 (2) is receiving a monthly benefit or retirement 2 annuity under Article 16 of the Illinois Pension Code; 3 and 4 (3) either (i) has at least 8 years of creditable 5 service under Article 16 of the Illinois Pension Code, or 6 (ii) was enrolled in the health insurance program offered 7 under that Article on January 1, 1996, or (iii) is the 8 survivor of a benefit recipient who had at least 8 years 9 of creditable service under Article 16 of the Illinois 10 Pension Code or was enrolled in the health insurance 11 program offered under that Article on the effective date 12 of this amendatory Act of 1995, or (iv) is a recipient or 13 survivor of a recipient of a disability benefit under 14 Article 16 of the Illinois Pension Code. 15 (w) "TRS dependent beneficiary" means a person who: 16 (1) is not a "member" or "dependent" as defined in 17 this Section; and 18 (2) is a TRS benefit recipient's: (A) spouse, (B) 19 dependent parent who is receiving at least half of his or 20 her support from the TRS benefit recipient, or (C) 21 unmarried natural or adopted child who is (i) under age 22 19, or (ii) enrolled as a full-time student in an 23 accredited school, financially dependent upon the TRS 24 benefit recipient, eligible to be claimed as a dependent 25 for income tax purposes, and either is under age 24 or 26 was, on January 1, 1996, participating as a dependent 27 beneficiary in the health insurance program offered under 28 Article 16 of the Illinois Pension Code, or (iii) age 19 29 or over who is mentally or physically handicapped. 30 (x) "Military leave with pay and benefits" refers to 31 individuals in basic training for reserves, special/advanced 32 training, annual training, emergency call up, or activation 33 by the President of the United States with approved pay and 34 benefits. HB0708 Enrolled -24- LRB9203186EGfg 1 (y) "Military leave without pay and benefits" refers to 2 individuals who enlist for active duty in a regular component 3 of the U.S. Armed Forces or other duty not specified or 4 authorized under military leave with pay and benefits. 5 (z) "Community college benefit recipient" means a person 6 who: 7 (1) is not a "member" as defined in this Section; 8 and 9 (2) is receiving a monthly survivor's annuity or 10 retirement annuity under Article 15 of the Illinois 11 Pension Code; and 12 (3) either (i) was a full-time employee of a 13 community college district or an association of community 14 college boards created under the Public Community College 15 Act (other than an employee whose last employer under 16 Article 15 of the Illinois Pension Code was a community 17 college district subject to Article VII of the Public 18 Community College Act) and was eligible to participate in 19 a group health benefit plan as an employee during the 20 time of employment with a community college district 21 (other than a community college district subject to 22 Article VII of the Public Community College Act) or an 23 association of community college boards, or (ii) is the 24 survivor of a person described in item (i). 25 (aa) "Community college dependent beneficiary" means a 26 person who: 27 (1) is not a "member" or "dependent" as defined in 28 this Section; and 29 (2) is a community college benefit recipient's: (A) 30 spouse, (B) dependent parent who is receiving at least 31 half of his or her support from the community college 32 benefit recipient, or (C) unmarried natural or adopted 33 child who is (i) under age 19, or (ii) enrolled as a 34 full-time student in an accredited school, financially HB0708 Enrolled -25- LRB9203186EGfg 1 dependent upon the community college benefit recipient, 2 eligible to be claimed as a dependent for income tax 3 purposes and under age 23, or (iii) age 19 or over and 4 mentally or physically handicapped. 5 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, 6 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97; 7 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff. 8 7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised 9 10-19-99.) 10 (5 ILCS 375/6.12) 11 Sec. 6.12. Payment for services. The program of health 12 benefits is subject to the provisions of Section 368a,of the 13 Illinois Insurance Code. 14 (Source: P.A. 91-605, eff. 12-14-99; 91-788, eff. 6-9-00; 15 revised 6-28-00.) 16 (5 ILCS 375/6.13) 17 Sec. 6.13.6.12.Managed Care Reform and Patient Rights 18 Act. The program of health benefits is subject to the 19 provisions of the Managed Care Reform and Patient Rights Act, 20 except the fee for service program shall only be required to 21 comply with Section 85 and the definition of "emergency 22 medical condition" in Section 10 of the Managed Care Reform 23 and Patient Rights Act. 24 (Source: P.A. 91-617, eff. 8-19-99; revised 10-18-99.) 25 (5 ILCS 375/10) (from Ch. 127, par. 530) 26 Sec. 10. Payments by State; premiums. 27 (a) The State shall pay the cost of basic 28 non-contributory group life insurance and, subject to member 29 paid contributions set by the Department or required by this 30 Section, the basic program of group health benefits on each 31 eligible member, except a member, not otherwise covered by HB0708 Enrolled -26- LRB9203186EGfg 1 this Act, who has retired as a participating member under 2 Article 2 of the Illinois Pension Code but is ineligible for 3 the retirement annuity under Section 2-119 of the Illinois 4 Pension Code, and part of each eligible member's and retired 5 member's premiums for health insurance coverage for enrolled 6 dependents as provided by Section 9. The State shall pay the 7 cost of the basic program of group health benefits only after 8 benefits are reduced by the amount of benefits covered by 9 Medicare for all members and dependents who are eligible for 10 benefits under Social Security or the Railroad Retirement 11 system or who had sufficient Medicare-covered government 12 employment, except that such reduction in benefits shall 13 apply only to those members and dependents who (1) first 14 become eligible for such Medicare coverage on or after July 15 1, 1992; or (2) are Medicare-eligible members or dependents 16 of a local government unit which began participation in the 17 program on or after July 1, 1992; or (3) remain eligible for, 18 but no longer receive Medicare coverage which they had been 19 receiving on or after July 1, 1992. The Department may 20 determine the aggregate level of the State's contribution on 21 the basis of actual cost of medical services adjusted for 22 age, sex or geographic or other demographic characteristics 23 which affect the costs of such programs. 24 The cost of participation in the basic program of group 25 health benefits for the dependent or survivor of a living or 26 deceased retired employee who was formerly employed by the 27 University of Illinois in the Cooperative Extension Service 28 and would be an annuitant but for the fact that he or she was 29 made ineligible to participate in the State Universities 30 Retirement System by clause (4) of subsection (a) of Section 31 15-107 of the Illinois Pension Code shall not be greater than 32 the cost of participation that would otherwise apply to that 33 dependent or survivor if he or she were the dependent or 34 survivor of an annuitant under the State Universities HB0708 Enrolled -27- LRB9203186EGfg 1 Retirement System. 2 (a-1) Beginning January 1, 1998, for each person who 3 becomes a new SERS annuitant and participates in the basic 4 program of group health benefits, the State shall contribute 5 toward the cost of the annuitant's coverage under the basic 6 program of group health benefits an amount equal to 5% of 7 that cost for each full year of creditable service upon which 8 the annuitant's retirement annuity is based, up to a maximum 9 of 100% for an annuitant with 20 or more years of creditable 10 service. The remainder of the cost of a new SERS annuitant's 11 coverage under the basic program of group health benefits 12 shall be the responsibility of the annuitant. 13 (a-2) Beginning January 1, 1998, for each person who 14 becomes a new SERS survivor and participates in the basic 15 program of group health benefits, the State shall contribute 16 toward the cost of the survivor's coverage under the basic 17 program of group health benefits an amount equal to 5% of 18 that cost for each full year of the deceased employee's or 19 deceased annuitant's creditable service in the State 20 Employees' Retirement System of Illinois on the date of 21 death, up to a maximum of 100% for a survivor of an employee 22 or annuitant with 20 or more years of creditable service. 23 The remainder of the cost of the new SERS survivor's coverage 24 under the basic program of group health benefits shall be the 25 responsibility of the survivor. 26 (a-3) Beginning January 1, 1998, for each person who 27 becomes a new SURS annuitant and participates in the basic 28 program of group health benefits, the State shall contribute 29 toward the cost of the annuitant's coverage under the basic 30 program of group health benefits an amount equal to 5% of 31 that cost for each full year of creditable service upon which 32 the annuitant's retirement annuity is based, up to a maximum 33 of 100% for an annuitant with 20 or more years of creditable 34 service. The remainder of the cost of a new SURS annuitant's HB0708 Enrolled -28- LRB9203186EGfg 1 coverage under the basic program of group health benefits 2 shall be the responsibility of the annuitant. 3 (a-4) (Blank). 4 (a-5) Beginning January 1, 1998, for each person who 5 becomes a new SURS survivor and participates in the basic 6 program of group health benefits, the State shall contribute 7 toward the cost of the survivor's coverage under the basic 8 program of group health benefits an amount equal to 5% of 9 that cost for each full year of the deceased employee's or 10 deceased annuitant's creditable service in the State 11 Universities Retirement System on the date of death, up to a 12 maximum of 100% for a survivor of an employee or annuitant 13 with 20 or more years of creditable service. The remainder 14 of the cost of the new SURS survivor's coverage under the 15 basic program of group health benefits shall be the 16 responsibility of the survivor. 17 (a-6) Beginning July 1, 1998, for each person who 18 becomes a new TRS State annuitant and participates in the 19 basic program of group health benefits, the State shall 20 contribute toward the cost of the annuitant's coverage under 21 the basic program of group health benefits an amount equal to 22 5% of that cost for each full year of creditable service as a 23 teacher as defined in paragraph (2), (3), or (5) of Section 24 16-106 of the Illinois Pension Code upon which the 25 annuitant's retirement annuity is based, up to a maximum of 26 100%; except that the State contribution shall be 12.5% per 27 year (rather than 5%) for each full year of creditable 28 service as a regional superintendent or assistant regional 29 superintendent of schools. The remainder of the cost of a 30 new TRS State annuitant's coverage under the basic program of 31 group health benefits shall be the responsibility of the 32 annuitant. 33 (a-7) Beginning July 1, 1998, for each person who 34 becomes a new TRS State survivor and participates in the HB0708 Enrolled -29- LRB9203186EGfg 1 basic program of group health benefits, the State shall 2 contribute toward the cost of the survivor's coverage under 3 the basic program of group health benefits an amount equal to 4 5% of that cost for each full year of the deceased employee's 5 or deceased annuitant's creditable service as a teacher as 6 defined in paragraph (2), (3), or (5) of Section 16-106 of 7 the Illinois Pension Code on the date of death, up to a 8 maximum of 100%; except that the State contribution shall be 9 12.5% per year (rather than 5%) for each full year of the 10 deceased employee's or deceased annuitant's creditable 11 service as a regional superintendent or assistant regional 12 superintendent of schools. The remainder of the cost of the 13 new TRS State survivor's coverage under the basic program of 14 group health benefits shall be the responsibility of the 15 survivor. 16 (a-8) A new SERS annuitant, new SERS survivor, new SURS 17 annuitant, new SURS survivor, new TRS State annuitant, or new 18 TRS State survivor may waive or terminate coverage in the 19 program of group health benefits. Any such annuitant or 20 survivor who has waived or terminated coverage may enroll or 21 re-enroll in the program of group health benefits only during 22 the annual benefit choice period, as determined by the 23 Director; except that in the event of termination of coverage 24 due to nonpayment of premiums, the annuitant or survivor may 25 not re-enroll in the program. 26 (a-9) No later than May 1 of each calendar year, the 27 Director of Central Management Services shall certify in 28 writing to the Executive Secretary of the State Employees' 29 Retirement System of Illinois the amounts of the Medicare 30 supplement health care premiums and the amounts of the health 31 care premiums for all other retirees who are not Medicare 32 eligible. 33 A separate calculation of the premiums based upon the 34 actual cost of each health care plan shall be so certified. HB0708 Enrolled -30- LRB9203186EGfg 1 The Director of Central Management Services shall provide 2 to the Executive Secretary of the State Employees' Retirement 3 System of Illinois such information, statistics, and other 4 data as he or she may require to review the premium amounts 5 certified by the Director of Central Management Services. 6 (b) State employees who become eligible for this program 7 on or after January 1, 1980 in positions normally requiring 8 actual performance of duty not less than 1/2 of a normal work 9 period but not equal to that of a normal work period, shall 10 be given the option of participating in the available 11 program. If the employee elects coverage, the State shall 12 contribute on behalf of such employee to the cost of the 13 employee's benefit and any applicable dependent supplement, 14 that sum which bears the same percentage as that percentage 15 of time the employee regularly works when compared to normal 16 work period. 17 (c) The basic non-contributory coverage from the basic 18 program of group health benefits shall be continued for each 19 employee not in pay status or on active service by reason of 20 (1) leave of absence due to illness or injury, (2) authorized 21 educational leave of absence or sabbatical leave, or (3) 22 military leave with pay and benefits. This coverage shall 23 continue until expiration of authorized leave and return to 24 active service, but not to exceed 24 months for leaves under 25 item (1) or (2). This 24-month limitation and the requirement 26 of returning to active service shall not apply to persons 27 receiving ordinary or accidental disability benefits or 28 retirement benefits through the appropriate State retirement 29 system or benefits under the Workers' Compensation or 30 Occupational Disease Act. 31 (d) The basic group life insurance coverage shall 32 continue, with full State contribution, where such person is 33 (1) absent from active service by reason of disability 34 arising from any cause other than self-inflicted, (2) on HB0708 Enrolled -31- LRB9203186EGfg 1 authorized educational leave of absence or sabbatical leave, 2 or (3) on military leave with pay and benefits. 3 (e) Where the person is in non-pay status for a period 4 in excess of 30 days or on leave of absence, other than by 5 reason of disability, educational or sabbatical leave, or 6 military leave with pay and benefits, such person may 7 continue coverage only by making personal payment equal to 8 the amount normally contributed by the State on such person's 9 behalf. Such payments and coverage may be continued: (1) 10 until such time as the person returns to a status eligible 11 for coverage at State expense, but not to exceed 24 months, 12 (2) until such person's employment or annuitant status with 13 the State is terminated, or (3) for a maximum period of 4 14 years for members on military leave with pay and benefits and 15 military leave without pay and benefits (exclusive of any 16 additional service imposed pursuant to law). 17 (f) The Department shall establish by rule the extent 18 to which other employee benefits will continue for persons in 19 non-pay status or who are not in active service. 20 (g) The State shall not pay the cost of the basic 21 non-contributory group life insurance, program of health 22 benefits and other employee benefits for members who are 23 survivors as defined by paragraphs (1) and (2) of subsection 24 (q) of Section 3 of this Act. The costs of benefits for 25 these survivors shall be paid by the survivors or by the 26 University of Illinois Cooperative Extension Service, or any 27 combination thereof. However, the State shall pay the amount 28 of the reduction in the cost of participation, if any, 29 resulting from the amendment to subsection (a) made by this 30 amendatory Act of the 91st General Assembly. 31 (h) Those persons occupying positions with any 32 department as a result of emergency appointments pursuant to 33 Section 8b.8 of the Personnel Code who are not considered 34 employees under this Act shall be given the option of HB0708 Enrolled -32- LRB9203186EGfg 1 participating in the programs of group life insurance, health 2 benefits and other employee benefits. Such persons electing 3 coverage may participate only by making payment equal to the 4 amount normally contributed by the State for similarly 5 situated employees. Such amounts shall be determined by the 6 Director. Such payments and coverage may be continued until 7 such time as the person becomes an employee pursuant to this 8 Act or such person's appointment is terminated. 9 (i) Any unit of local government within the State of 10 Illinois may apply to the Director to have its employees, 11 annuitants, and their dependents provided group health 12 coverage under this Act on a non-insured basis. To 13 participate, a unit of local government must agree to enroll 14 all of its employees, who may select coverage under either 15 the State group health benefits plan or a health maintenance 16 organization that has contracted with the State to be 17 available as a health care provider for employees as defined 18 in this Act. A unit of local government must remit the 19 entire cost of providing coverage under the State group 20 health benefits plan or, for coverage under a health 21 maintenance organization, an amount determined by the 22 Director based on an analysis of the sex, age, geographic 23 location, or other relevant demographic variables for its 24 employees, except that the unit of local government shall not 25 be required to enroll those of its employees who are covered 26 spouses or dependents under this plan or another group policy 27 or plan providing health benefits as long as (1) an 28 appropriate official from the unit of local government 29 attests that each employee not enrolled is a covered spouse 30 or dependent under this plan or another group policy or plan, 31 and (2) at least 85% of the employees are enrolled and the 32 unit of local government remits the entire cost of providing 33 coverage to those employees, except that a participating 34 school district must have enrolled at least 85% of its HB0708 Enrolled -33- LRB9203186EGfg 1 full-time employees who have not waived coverage under the 2 district's group health plan by participating in a component 3 of the district's cafeteria plan. A participating school 4 district is not required to enroll a full-time employee who 5 has waived coverage under the district's health plan, 6 provided that an appropriate official from the participating 7 school district attests that the full-time employee has 8 waived coverage by participating in a component of the 9 district's cafeteria plan. For the purposes of this 10 subsection, "participating school district" includes a unit 11 of local government whose primary purpose is education as 12 defined by the Department's rules. 13 Employees of a participating unit of local government who 14 are not enrolled due to coverage under another group health 15 policy or plan may enroll in the event of a qualifying change 16 in status, special enrollment, special circumstance as 17 defined by the Director, or during the annual Benefit Choice 18 Period. A participating unit of local government may also 19 elect to cover its annuitants. Dependent coverage shall be 20 offered on an optional basis, with the costs paid by the unit 21 of local government, its employees, or some combination of 22 the two as determined by the unit of local government. The 23 unit of local government shall be responsible for timely 24 collection and transmission of dependent premiums. 25 The Director shall annually determine monthly rates of 26 payment, subject to the following constraints: 27 (1) In the first year of coverage, the rates shall 28 be equal to the amount normally charged to State 29 employees for elected optional coverages or for enrolled 30 dependents coverages or other contributory coverages, or 31 contributed by the State for basic insurance coverages on 32 behalf of its employees, adjusted for differences between 33 State employees and employees of the local government in 34 age, sex, geographic location or other relevant HB0708 Enrolled -34- LRB9203186EGfg 1 demographic variables, plus an amount sufficient to pay 2 for the additional administrative costs of providing 3 coverage to employees of the unit of local government and 4 their dependents. 5 (2) In subsequent years, a further adjustment shall 6 be made to reflect the actual prior years' claims 7 experience of the employees of the unit of local 8 government. 9 In the case of coverage of local government employees 10 under a health maintenance organization, the Director shall 11 annually determine for each participating unit of local 12 government the maximum monthly amount the unit may contribute 13 toward that coverage, based on an analysis of (i) the age, 14 sex, geographic location, and other relevant demographic 15 variables of the unit's employees and (ii) the cost to cover 16 those employees under the State group health benefits plan. 17 The Director may similarly determine the maximum monthly 18 amount each unit of local government may contribute toward 19 coverage of its employees' dependents under a health 20 maintenance organization. 21 Monthly payments by the unit of local government or its 22 employees for group health benefits plan or health 23 maintenance organization coverage shall be deposited in the 24 Local Government Health Insurance Reserve Fund. The Local 25 Government Health Insurance Reserve Fund shall be a 26 continuing fund not subject to fiscal year limitations. All 27 expenditures from this fund shall be used for payments for 28 health care benefits for local government and rehabilitation 29 facility employees, annuitants, and dependents, and to 30 reimburse the Department or its administrative service 31 organization for all expenses incurred in the administration 32 of benefits. No other State funds may be used for these 33 purposes. 34 A local government employer's participation or desire to HB0708 Enrolled -35- LRB9203186EGfg 1 participate in a program created under this subsection shall 2 not limit that employer's duty to bargain with the 3 representative of any collective bargaining unit of its 4 employees. 5 (j) Any rehabilitation facility within the State of 6 Illinois may apply to the Director to have its employees, 7 annuitants, and their eligible dependents provided group 8 health coverage under this Act on a non-insured basis. To 9 participate, a rehabilitation facility must agree to enroll 10 all of its employees and remit the entire cost of providing 11 such coverage for its employees, except that the 12 rehabilitation facility shall not be required to enroll those 13 of its employees who are covered spouses or dependents under 14 this plan or another group policy or plan providing health 15 benefits as long as (1) an appropriate official from the 16 rehabilitation facility attests that each employee not 17 enrolled is a covered spouse or dependent under this plan or 18 another group policy or plan, and (2) at least 85% of the 19 employees are enrolled and the rehabilitation facility remits 20 the entire cost of providing coverage to those employees. 21 Employees of a participating rehabilitation facility who are 22 not enrolled due to coverage under another group health 23 policy or plan may enroll in the event of a qualifying change 24 in status, special enrollment, special circumstance as 25 defined by the Director, or during the annual Benefit Choice 26 Period. A participating rehabilitation facility may also 27 elect to cover its annuitants. Dependent coverage shall be 28 offered on an optional basis, with the costs paid by the 29 rehabilitation facility, its employees, or some combination 30 of the 2 as determined by the rehabilitation facility. The 31 rehabilitation facility shall be responsible for timely 32 collection and transmission of dependent premiums. 33 The Director shall annually determine quarterly rates of 34 payment, subject to the following constraints: HB0708 Enrolled -36- LRB9203186EGfg 1 (1) In the first year of coverage, the rates shall 2 be equal to the amount normally charged to State 3 employees for elected optional coverages or for enrolled 4 dependents coverages or other contributory coverages on 5 behalf of its employees, adjusted for differences between 6 State employees and employees of the rehabilitation 7 facility in age, sex, geographic location or other 8 relevant demographic variables, plus an amount sufficient 9 to pay for the additional administrative costs of 10 providing coverage to employees of the rehabilitation 11 facility and their dependents. 12 (2) In subsequent years, a further adjustment shall 13 be made to reflect the actual prior years' claims 14 experience of the employees of the rehabilitation 15 facility. 16 Monthly payments by the rehabilitation facility or its 17 employees for group health benefits shall be deposited in the 18 Local Government Health Insurance Reserve Fund. 19 (k) Any domestic violence shelter or service within the 20 State of Illinois may apply to the Director to have its 21 employees, annuitants, and their dependents provided group 22 health coverage under this Act on a non-insured basis. To 23 participate, a domestic violence shelter or service must 24 agree to enroll all of its employees and pay the entire cost 25 of providing such coverage for its employees. A 26 participating domestic violence shelter may also elect to 27 cover its annuitants. Dependent coverage shall be offered on 28 an optional basis, with employees, or some combination of the 29 2 as determined by the domestic violence shelter or service. 30 The domestic violence shelter or service shall be responsible 31 for timely collection and transmission of dependent premiums. 32 The Director shall annually determine rates of payment, 33 subject to the following constraints: 34 (1) In the first year of coverage, the rates shall HB0708 Enrolled -37- LRB9203186EGfg 1 be equal to the amount normally charged to State 2 employees for elected optional coverages or for enrolled 3 dependents coverages or other contributory coverages on 4 behalf of its employees, adjusted for differences between 5 State employees and employees of the domestic violence 6 shelter or service in age, sex, geographic location or 7 other relevant demographic variables, plus an amount 8 sufficient to pay for the additional administrative costs 9 of providing coverage to employees of the domestic 10 violence shelter or service and their dependents. 11 (2) In subsequent years, a further adjustment shall 12 be made to reflect the actual prior years' claims 13 experience of the employees of the domestic violence 14 shelter or service. 15 Monthly payments by the domestic violence shelter or 16 service or its employees for group health insurance shall be 17 deposited in the Local Government Health Insurance Reserve 18 Fund. 19 (l) A public community college or entity organized 20 pursuant to the Public Community College Act may apply to the 21 Director initially to have only annuitants not covered prior 22 to July 1, 1992 by the district's health plan provided health 23 coverage under this Act on a non-insured basis. The 24 community college must execute a 2-year contract to 25 participate in the Local Government Health Plan. Any 26 annuitant may enroll in the event of a qualifying change in 27 status, special enrollment, special circumstance as defined 28 by the Director, or during the annual Benefit Choice Period. 29 The Director shall annually determine monthly rates of 30 payment subject to the following constraints: for those 31 community colleges with annuitants only enrolled, first year 32 rates shall be equal to the average cost to cover claims for 33 a State member adjusted for demographics, Medicare 34 participation, and other factors; and in the second year, a HB0708 Enrolled -38- LRB9203186EGfg 1 further adjustment of rates shall be made to reflect the 2 actual first year's claims experience of the covered 3 annuitants. 4 (l-5) The provisions of subsection (l) become 5 inoperative on July 1, 1999. 6 (m) The Director shall adopt any rules deemed necessary 7 for implementation of this amendatory Act of 1989 (Public Act 8 86-978). 9 (Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98; 10 90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff. 11 7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395, 12 eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.) 13 Section 10. The Election Code is amended by changing 14 Sections 7-10 and 7-30 as follows: 15 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) 16 Sec. 7-10. Form of petition for nomination. The name of 17 no candidate for nomination, or State central committeeman, 18 or township committeeman, or precinct committeeman, or ward 19 committeeman or candidate for delegate or alternate delegate 20 to national nominating conventions, shall be printed upon the 21 primary ballot unless a petition for nomination has been 22 filed in his behalf as provided in this Article in 23 substantially the following form: 24 We, the undersigned, members of and affiliated with the 25 .... party and qualified primary electors of the .... party, 26 in the .... of ...., in the county of .... and State of 27 Illinois, do hereby petition that the following named person 28 or persons shall be a candidate or candidates of the .... 29 party for the nomination for (or in case of committeemen for 30 election to) the office or offices hereinafter specified, to 31 be voted for at the primary election to be held on (insert 32 date). HB0708 Enrolled -39- LRB9203186EGfg 1 Name Office Address 2 John Jones Governor Belvidere, Ill. 3 Thomas Smith Attorney General Oakland, Ill. 4 Name.................. Address....................... 5 State of Illinois) 6 ) ss. 7 County of........) 8 I, ...., do hereby certify that I am a registered voter 9 and have been a registered voter at all times I have 10 circulated this petition, that I reside at No. .... street, 11 in the .... of ...., county of ...., and State of Illinois, 12 and that the signatures on this sheet were signed in my 13 presence, and are genuine, and that to the best of my 14 knowledge and belief the persons so signing were at the time 15 of signing the petitions qualified voters of the .... party, 16 and that their respective residences are correctly stated, as 17 above set forth. 18 ......................... 19 Subscribed and sworn to before me on (insert date). 20 ......................... 21 Each sheet of the petition other than the statement of 22 candidacy and candidate's statement shall be of uniform size 23 and shall contain above the space for signatures an 24 appropriate heading giving the information as to name of 25 candidate or candidates, in whose behalf such petition is 26 signed; the office, the political party represented and place 27 of residence; and the heading of each sheet shall be the 28 same. 29 Such petition shall be signed by qualified primary 30 electors residing in the political division for which the 31 nomination is sought in their own proper persons only and 32 opposite the signature of each signer, his residence address 33 shall be written or printed. The residence address required 34 to be written or printed opposite each qualified primary HB0708 Enrolled -40- LRB9203186EGfg 1 elector's name shall include the street address or rural 2 route number of the signer, as the case may be, as well as 3 the signer's county, and city, village or town, and state. 4 However the county or city, village or town, and state of 5 residence of the electors may be printed on the petition 6 forms where all of the electors signing the petition reside 7 in the same county or city, village or town, and state. 8 Standard abbreviations may be used in writing the residence 9 address, including street number, if any. At the bottom of 10 each sheet of such petition shall be added a statement signed 11 by a registered voter of the political division, who has been 12 a registered voter at all times he or she circulated the 13 petition, for which the candidate is seeking a nomination, 14 stating the street address or rural route number of the 15 voter, as the case may be, as well as the voter's county, and 16 city, village or town, and state; and certifying that the 17 signatures on that sheet of the petition were signed in his 18 presence; and either (1) indicating the dates on which that 19 sheet was circulated, or (2) indicating the first and last 20 dates on which the sheet was circulated, or (3) certifying 21 that none of the signatures on the sheet were signed more 22 than 90 days preceding the last day for the filing of the 23 petition, or more than 45 days preceding the last day for 24 filing of the petition in the case of political party and 25 independent candidates for single or multi-county regional 26 superintendents of schools in the 1994 general primary 27 election; and certifying that the signatures on the sheet are 28 genuine, and certifying that to the best of his knowledge 29 and belief the persons so signing were at the time of signing 30 the petitions qualified voters of the political party for 31 which a nomination is sought. Such statement shall be sworn 32 to before some officer authorized to administer oaths in this 33 State. 34 No petition sheet shall be circulated more than 90 days HB0708 Enrolled -41- LRB9203186EGfg 1 preceding the last day provided in Section 7-12 for the 2 filing of such petition, or more than 45 days preceding the 3 last day for filing of the petition in the case of political 4 party and independent candidates for single or multi-county 5 regional superintendents of schools in the 1994 general 6 primary election. 7 The person circulating the petition, or the candidate on 8 whose behalf the petition is circulated, may strike any 9 signature from the petition, provided that:;10 (1) the person striking the signature shall initial 11 the petition at the place where the signature is struck; 12 and 13 (2) the person striking the signature shall sign a 14 certification listing the page number and line number of 15 each signature struck from the petition. Such 16 certification shall be filed as a part of the petition. 17 Such sheets before being filed shall be neatly fastened 18 together in book form, by placing the sheets in a pile and 19 fastening them together at one edge in a secure and suitable 20 manner, and the sheets shall then be numbered consecutively. 21 The sheets shall not be fastened by pasting them together end 22 to end, so as to form a continuous strip or roll. All 23 petition sheets which are filed with the proper local 24 election officials, election authorities or the State Board 25 of Elections shall be the original sheets which have been 26 signed by the voters and by the circulator thereof, and not 27 photocopies or duplicates of such sheets. Each petition must 28 include as a part thereof, a statement of candidacy for each 29 of the candidates filing, or in whose behalf the petition is 30 filed. This statement shall set out the address of such 31 candidate, the office for which he is a candidate, shall 32 state that the candidate is a qualified primary voter of the 33 party to which the petition relates and is qualified for the 34 office specified (in the case of a candidate for State's HB0708 Enrolled -42- LRB9203186EGfg 1 Attorney it shall state that the candidate is at the time of 2 filing such statement a licensed attorney-at-law of this 3 State), shall state that he has filed (or will file before 4 the close of the petition filing period) a statement of 5 economic interests as required by the Illinois Governmental 6 Ethics Act, shall request that the candidate's name be placed 7 upon the official ballot, and shall be subscribed and sworn 8 to by such candidate before some officer authorized to take 9 acknowledgment of deeds in the State and shall be in 10 substantially the following form: 11 Statement of Candidacy 12 Name Address Office District Party 13 John Jones 102 Main St. Governor Statewide Republican 14 Belvidere, 15 Illinois 16 State of Illinois) 17 ) ss. 18 County of .......) 19 I, ...., being first duly sworn, say that I reside at 20 .... Street in the city (or village) of ...., in the county 21 of ...., State of Illinois; that I am a qualified voter 22 therein and am a qualified primary voter of the .... party; 23 that I am a candidate for nomination (for election in the 24 case of committeeman and delegates and alternate delegates) 25 to the office of .... to be voted upon at the primary 26 election to be held on (insert date); that I am legally 27 qualified (including being the holder of any license that may 28 be an eligibility requirement for the office I seek the 29 nomination for) to hold such office and that I have filed (or 30 I will file before the close of the petition filing period) a 31 statement of economic interests as required by the Illinois 32 Governmental Ethics Act and I hereby request that my name be 33 printed upon the official primary ballot for nomination for 34 (or election to in the case of committeemen and delegates and HB0708 Enrolled -43- LRB9203186EGfg 1 alternate delegates) such office. 2 Signed ...................... 3 Subscribed and sworn to (or affirmed) before me by ...., 4 who is to me personally known, on (insert date). 5 Signed .................... 6 (Official Character) 7 (Seal, if officer has one.) 8 The petitions, when filed, shall not be withdrawn or 9 added to, and no signatures shall be revoked except by 10 revocation filed in writing with the State Board of 11 Elections, election authority or local election official with 12 whom the petition is required to be filed, and before the 13 filing of such petition. Whoever forges the name of a signer 14 upon any petition required by this Article is deemed guilty 15 of a forgery and on conviction thereof shall be punished 16 accordingly. 17 Petitions of candidates for nomination for offices herein 18 specified, to be filed with the same officer, may contain the 19 names of 2 or more candidates of the same political party for 20 the same or different offices. 21 Such petitions for nominations shall be signed: 22 (a) If for a State office, or for delegate or 23 alternate delegate to be elected from the State at large 24 to a National nominating convention by not less than 25 5,000 nor more than 10,000 primary electors of his party. 26 (b) If for a congressional officer or for delegate 27 or alternate delegate to be elected from a congressional 28 district to a national nominating convention by at least 29 .5% of the qualified primary electors of his party in his 30 congressional district, except that for the first primary 31 following a redistricting of congressional districts such 32 petitions shall be signed by at least 600 qualified 33 primary electors of the candidate's party in his 34 congressional district. HB0708 Enrolled -44- LRB9203186EGfg 1 (c) If for a county office (including county board 2 member and chairman of the county board where elected 3 from the county at large), by at least .5% of the 4 qualified electors of his party cast at the last 5 preceding general election in his county. However, if 6 for the nomination for county commissioner of Cook 7 County, then by at least .5% of the qualified primary 8 electors of his or her party in his or her county in the 9 district or division in which such person is a candidate 10 for nomination; and if for county board member from a 11 county board district, then by at least .5% of the 12 qualified primary electors of his party in the county 13 board district. In the case of an election for county 14 board member to be elected from a district, for the first 15 primary following a redistricting of county board 16 districts or the initial establishment of county board 17 districts, then by at least .5% of the qualified electors 18 of his party in the entire county at the last preceding 19 general election, divided by the number of county board 20 districts, but in any event not less than 25 qualified 21 primary electors of his party in the district. 22 (d) If for a municipal or township office by at 23 least .5% of the qualified primary electors of his party 24 in the municipality or township; if for alderman, by at 25 least .5% of the voters of his party of his ward. In the 26 case of an election for alderman or trustee of a 27 municipality to be elected from a ward or district, for 28 the first primary following a redistricting or the 29 initial establishment of wards or districts, then by .5% 30 of the total number of votes cast for the candidate of 31 such political party who received the highest number of 32 votes in the entire municipality at the last regular 33 election at which an officer was regularly scheduled to 34 be elected from the entire municipality, divided by the HB0708 Enrolled -45- LRB9203186EGfg 1 number of wards or districts, but in any event not less 2 than 25 qualified primary electors of his party in the 3 ward or district. 4 (e) If for State central committeeman, by at least 5 100 of the primary electors of his or her party of his or 6 her congressional district. 7 (f) If for a candidate for trustee of a sanitary 8 district in which trustees are not elected from wards, by 9 at least .5% of the primary electors of his party, from 10 such sanitary district. 11 (g) If for a candidate for trustee of a sanitary 12 district in which the trustees are elected from wards, by 13 at least .5% of the primary electors of his party in his 14 ward of such sanitary district, except that for the first 15 primary following a reapportionment of the district such 16 petitions shall be signed by at least 150 qualified 17 primary electors of the candidate's ward of such sanitary 18 district. 19 (h) IfThe number of signatures requiredfor a 20 candidate for judicial office in a district, circuit, or 21 subcircuit, by a number of primary electors at least 22 equal toshall be0.25% of the number of votes cast for 23 the judicial candidate of his or her political party who 24 received the highest number of votes at the last regular 25 general election at which a judicial officer from the 26 same district, circuit, or subcircuit was regularly 27 scheduled to be elected, but in no event fewershall be28lessthan 500signatures. 29 (i) If for a candidate for precinct committeeman, 30 by at least 10 primary electors of his or her party of 31 his or her precinct; if for a candidate for ward 32 committeeman, by not less than 10% nor more than 16% (or 33 50 more than the minimum, whichever is greater) of the 34 primary electors of his party of his ward; if for a HB0708 Enrolled -46- LRB9203186EGfg 1 candidate for township committeeman, by not less than 5% 2 nor more than 8% (or 50 more than the minimum, whichever 3 is greater) of the primary electors of his party in his 4 township or part of a township as the case may be. 5 (j) If for a candidate for State's Attorney or 6 Regional Superintendent of Schools to serve 2 or more 7 counties, by at least .5% of the primary electors of his 8 party in the territory comprising such counties. 9 (k) If for any other office by at least .5% of the 10 total number of registered voters of the political 11 subdivision, district or division for which the 12 nomination is made or a minimum of 25, whichever is 13 greater. 14 For the purposes of this Section the number of primary 15 electors shall be determined by taking the total vote cast, 16 in the applicable district, for the candidate for such 17 political party who received the highest number of votes, 18 state-wide, at the last general election in the State at 19 which electors for President of the United States were 20 elected. For political subdivisions, the number of primary 21 electors shall be determined by taking the total vote cast 22 for the candidate for such political party who received the 23 highest number of votes in such political subdivision at the 24 last regular election at which an officer was regularly 25 scheduled to be elected from that subdivision. For wards or 26 districts of political subdivisions, the number of primary 27 electors shall be determined by taking the total vote cast 28 for the candidate for such political party who received the 29 highest number of votes in such ward or district at the last 30 regular election at which an officer was regularly scheduled 31 to be elected from that ward or district. 32 A "qualified primary elector" of a party may not sign 33 petitions for or be a candidate in the primary of more than 34 one party. HB0708 Enrolled -47- LRB9203186EGfg 1 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99; 2 91-358, eff. 7-29-99; revised 8-17-99.) 3 (10 ILCS 5/7-30) (from Ch. 46, par. 7-30) 4 Sec. 7-30. Previous to any vote being taken, the primary 5 judges shall severally subscribe and take an oath or 6 affirmation in the following form, to-wit: 7 "I do solemnly swear (or affirm, as the case may be), 8 that I will support the Constitution of the United States and 9 the Constitution of the State of Illinois, and will 10 faithfully and honestly discharge the duties of primary 11 judge, according to the best of my ability, and that I have 12 resided in this State for 30 days, (and only in the case of a 13 primary judge in counties of less than 500,000 inhabitants, 14 have residedthe following:in this precinct for the 30 days 15 next preceding this primary), (and in the case of a 16 registered voter, am entitled to vote at this primary)." 17 All persons subscribing the oathas aforesaid,and all 18 persons actually serving as primary judges, whether sworn or 19 not, shall be deemed to be and are hereby declared to be 20 officers of the circuit court of their respective counties. 21 (Source: P.A. 91-352, eff. 1-1-00; revised 2-23-00.) 22 Section 10.2. The State Library Act is amended by 23 changing Section 7 as follows: 24 (15 ILCS 320/7) (from Ch. 128, par. 107) 25 Sec. 7. Purposes of the State Library. The Illinois 26 State Library shall: 27 (a) Maintain a library for officials and employees of 28 the State, consisting of informational material and resources 29 pertaining to the phases of their work, and serve as the 30 State's library by extending its resources to citizens of 31 Illinois. HB0708 Enrolled -48- LRB9203186EGfg 1 (b) Maintain and provide research library services for 2 all State agencies. 3 (c) Administer the Illinois Library System Act. 4 (d) Promote and administer the law relating to 5 Interstate Library Compacts. 6 (e) Enter into interagency agreements, pursuant to the 7 Intergovernmental Cooperation Act, including agreements to 8 promote access to information by Illinois students and the 9 general public. 10 (f) Promote and develop a cooperative library network 11 operating regionally or statewide for providing effective 12 coordination of the library resources of public, academic, 13 school, and special libraries. 14 (g) Administer grants of federal library funds pursuant 15 to federal law and requirements. 16 (h) Assist libraries in their plans for library 17 services, including funding the State-funded library systems 18 for the purpose of local library development and networking. 19 (i) Assist local library groups in developing programs 20 by which library services can be established and enhanced in 21 areas without those services. 22 (j) Be a clearing house, in an advisory capacity, for 23 questions and problems pertaining to the administration and 24 functioning of libraries in Illinois and to publish booklets 25 and pamphlets to implement this service. 26 (k)ToSeek the opinion of the Attorney General for 27 legal questions pertaining to public libraries and their 28 function as governmental agencies. 29 (l) Contract with any other library or library agency to 30 carry out the purposes of the State Library. If any such 31 contract requires payments by user libraries for goods and 32 services, the State Library may distribute billings from 33 contractors to applicable user libraries and may receive and 34 distribute payments from user libraries to contractors. HB0708 Enrolled -49- LRB9203186EGfg 1 There is hereby created in the State Treasury the Library 2 Trust Fund, into which all moneys payable to contractors 3 which are received from user libraries under this paragraph 4 (l) shall be paid. The Treasurer shall pay such funds to 5 contractors at the direction of the State Librarian. 6 (m) Compile, preserve and publish public library 7 statistical information. 8 (n) Compile the annual report of local public libraries 9 and library systems submitted to the State Librarian pursuant 10 to law. 11 (o) Conduct and arrange for library training programs 12 for library personnel, library directors and others involved 13 in library services. 14 (p) Prepare an annual report for each fiscal year. 15 (q) Make available to the public, by means of access by 16 way of the largest nonproprietary nonprofit cooperative 17 public computer network, certain records of State agencies. 18 As used in this subdivision (q), "State agencies" means 19 all officers, boards, commissions and agencies created by the 20 Constitution; all officers, departments, boards, commissions, 21 agencies, institutions, authorities, universities, and bodies 22 politic and corporate of the State; administrative units or 23 corporate outgrowths of the State government which are 24 created by or pursuant to statute, other than units of local 25 government and their officers, school districts and boards of 26 election commissioners; and all administrative units and 27 corporate outgrowths of the above and as may be created by 28 executive order of the Governor; however, "State agencies" 29 does not include any agency, officer, or other entity of the 30 judicial or legislative branch. 31 As used in this subdivision (q), "records" means public 32 records, as defined in the Freedom of Information Act, that 33 are not exempt from inspection and copying under that Act. 34 The State Librarian and each appropriate State agency HB0708 Enrolled -50- LRB9203186EGfg 1 shall specify the types and categories of records that shall 2 be accessible through the public computer network and the 3 types and categories of records that shall be inaccessible. 4 Records currently held by a State agency and documents that 5 are required to be provided to the Illinois State Library in 6 accordance with Section 21 shall be provided to the Illinois 7 State Library in an appropriate electronic format when 8 feasible. The cost to each State agency of making records 9 accessible through the public computer network or of 10 providing records in an appropriate electronic format shall 11 be considered in making determinations regarding 12 accessibility. 13 As soon as possible and no later than 18 months after the 14 effective date of this amendatory Act of 1995, the types and 15 categories of information, specified by the State Librarian 16 and each appropriate State agency, shall be made available to 17 the public by means of access by way of the largest 18 nonproprietary, nonprofit cooperative public computer 19 network. The information shall be made available in one or 20 more formats and by one or more means in order to provide the 21 greatest feasible access to the general public in this State. 22 Any person who accesses the information may access all or any 23 part of the information. The information may also be made 24 available by any other means of access that would facilitate 25 public access to the information. The information shall be 26 made available in the shortest feasible time after it is 27 publicly available. 28 Any documentation that describes the electronic digital 29 formats of the information shall be made available by means 30 of access by way of the same public computer network. 31 Personal information concerning a person who accesses the 32 information may be maintained only for the purpose of 33 providing service to the person. 34 The electronic public access provided by way of the HB0708 Enrolled -51- LRB9203186EGfg 1 public computer network shall be in addition to other 2 electronic or print distribution of the information. 3 No action taken under this subdivision (q) shall be 4 deemed to alter or relinquish any copyright or other 5 proprietary interest or entitlement of the State of Illinois 6 relating to any of the information made available under this 7 subdivision (q). 8 (r) Coordinate literacy programs for the Secretary of 9 State. 10 (s) Provide coordination of statewide preservation 11 planning, act as a focal point for preservation advocacy, 12 assess statewide needs and establish specific programs to 13 meet those needs, and manage state funds appropriated for 14 preservation work relating to the preservation of the library 15 and archival resources of Illinois. 16 (t) Create and maintain a State Government Report 17 Distribution Center for the General Assembly. The Center 18 shall receive all reports in all formats available required 19 by law or resolution to be filed with the General Assembly 20 and shall furnish copies of such reports on the same day on 21 which the report is filed with the Clerk of the House of 22 Representatives and the Secretary of the Senate, as required 23 by the General Assembly Organization Act, without charge to 24 members of the General Assembly upon request. This paragraph 25 does not affect the requirements of Section 21 of this Act 26 relating to the deposit of State publications with the State 27 library. 28 (Source: P.A. 91-507, eff. 8-13-99; revised 2-25-00.) 29 Section 10.4. The State Treasurer Act is amended by 30 changing Section 16.5 as follows: 31 (15 ILCS 505/16.5) 32 Sec. 16.5. College Savings Pool. The State Treasurer HB0708 Enrolled -52- LRB9203186EGfg 1 may establish and administer a College Savings Pool to 2 supplement and enhance the investment opportunities otherwise 3 available to persons seeking to finance the costs of higher 4 education. The State Treasurer, in administering the College 5 Savings Pool, may receive moneys paid into the pool by a 6 participant and may serve as the fiscal agent of that 7 participant for the purpose of holding and investing those 8 moneys. 9 "Participant", as used in this Section, means any person 10 that makes investments in the pool. "Designated 11 beneficiary", as used in this Section, means any person on 12 whose behalf an account is established in the College Savings 13 Pool by a participant. Both in-state and out-of-state persons 14 may be participants and designated beneficiaries in the 15 College Savings Pool. 16 New accounts in the College Savings Pool shall be 17 processed through participating financial institutions. 18 "Participating financial institution", as used in this 19 Section, means any financial institution insured by the 20 Federal Deposit Insurance Corporation and lawfully doing 21 business in the State of Illinois and any credit union 22 approved by the State Treasurer and lawfully doing business 23 in the State of Illinois that agrees to process new accounts 24 in the College Savings Pool. Participating financial 25 institutions may charge a processing fee to participants to 26 open an account in the pool that shall not exceed $30 until 27 the year 2001. Beginning in 2001 and every year thereafter, 28 the maximum fee limit shall be adjusted by the Treasurer 29 based on the Consumer Price Index for the North Central 30 Region as published by the United States Department of Labor, 31 Bureau of Labor Statistics for the immediately preceding 32 calendar year. Every contribution received by a financial 33 institution for investment in the College Savings Pool shall 34 be transferred from the financial institution to a location HB0708 Enrolled -53- LRB9203186EGfg 1 selected by the State Treasurer within one business day 2 following the day that the funds must be made available in 3 accordance with federal law. All communications from the 4 State Treasurer to participants shall reference the 5 participating financial institution at which the account was 6 processed. 7 The Treasurer may invest the moneys in the College 8 Savings Pool in the same manner, in the same types of 9 investments, and subject to the same limitations provided for 10 the investment of moneys by the Illinois State Board of 11 Investment. To enhance the safety and liquidity of the 12 College Savings Pool, to ensure the diversification of the 13 investment portfolio of the pool, and in an effort to keep 14 investment dollars in the State of Illinois, the State 15 Treasurer shall make a percentage of each account available 16 for investment in participating financial institutions doing 17 business in the State. The State Treasurer shall deposit 18 with the participating financial institution at which the 19 account was processed the following percentage of each 20 account at a prevailing rate offered by the institution, 21 provided that the deposit is federally insured or fully 22 collateralized and the institution accepts the deposit: 10% 23 of the total amount of each account for which the current age 24 of the beneficiary is less than 7 years of age, 20% of the 25 total amount of each account for which the beneficiary is at 26 least 7 years of age and less than 12 years of age, and 50% 27 of the total amount of each account for which the current age 28 of the beneficiary is at least 12 years of age. The State 29 Treasurer shall adjust each account at least annually to 30 ensure compliance with this Section. The Treasurer shall 31 develop, publish, and implement an investment policy covering 32 the investment of the moneys in the College Savings Pool. The 33 policy shall be published (i) at least once each year in at 34 least one newspaper of general circulation in both HB0708 Enrolled -54- LRB9203186EGfg 1 Springfield and Chicago and (ii) each year as part of the 2 audit of the College Savings Pool by the Auditor General, 3 which shall be distributed to all participants. The Treasurer 4 shall notify all participants in writing, and the Treasurer 5 shall publish in a newspaper of general circulation in both 6 Chicago and Springfield, any changes to the previously 7 published investment policy at least 30 calendar days before 8 implementing the policy. Any investment policy adopted by the 9 Treasurer shall be reviewed and updated if necessary within 10 90 days following the date that the State Treasurer takes 11 office. 12 Participants shall be required to use moneys distributed 13 from the College Savings Pool for qualified expenses at 14 eligible educational institutions. "Qualified expenses", as 15 used in this Section, means the following: (i) tuition, fees, 16 and the costs of books, supplies, and equipment required for 17 enrollment or attendance at an eligible educational 18 institution and (ii) certain room and board expenses incurred 19 while attending an eligible educational institution at least 20 half-time. "Eligible educational institutions", as used in 21 this Section, means public and private colleges, junior 22 colleges, graduate schools, and certain vocational 23 institutions that are described in Section 481 of the Higher 24 Education Act of 1965 (20 U.S.C. 1088) and that are eligible 25 to participate in Department of Education student aid 26 programs. A student shall be considered to be enrolled at 27 least half-time if the student is enrolled for at least half 28 the full-time academic work load for the course of study the 29 student is pursuing as determined under the standards of the 30 institution at which the student is enrolled. Distributions 31 made from the pool for qualified expenses shall be made 32 directly to the eligible educational institution, directly to 33 a vendor, or in the form of a check payable to both the 34 beneficiary and the institution or vendor. Any moneys that HB0708 Enrolled -55- LRB9203186EGfg 1 are distributed in any other manner or that are used for 2 expenses other than qualified expenses at an eligible 3 educational institution shall be subject to a penalty of 10% 4 of the earnings unless the beneficiary dies, becomes 5 disabled, or receives a scholarship that equals or exceeds 6 the distribution. Penalties shall be withheld at the time the 7 distribution is made. 8 The Treasurer shall limit the contributions that may be 9 made on behalf of a designated beneficiary based on an 10 actuarial estimate of what is required to pay tuition, fees, 11 and room and board for 5 undergraduate years at the highest 12 cost eligible educational institution. The contributions made 13 on behalf of a beneficiary who is also a beneficiary under 14 the Illinois Prepaid Tuition Program shall be further 15 restricted to ensure that the contributions in both programs 16 combined do not exceed the limit established for the College 17 Savings Pool. The Treasurer shall provide the Illinois 18 Student Assistance Commission each year at a time designated 19 by the Commission, an electronic report of all participant 20 accounts in the Treasurer's College Savings Pool, listing 21 total contributions and disbursements from each individual 22 account during the previous calendar year. As soon 23 thereafter as is possible following receipt of the 24 Treasurer's report, the Illinois Student Assistance 25 Commission shall, in turn, provide the Treasurer with an 26 electronic report listing those College Savings Pool 27 participants who also participate in the State's prepaid 28 tuition program, administered by the Commission. The 29 Commission shall be responsible for filing any combined tax 30 reports regarding State qualified savings programs required 31 by the United States Internal Revenue Service. The Treasurer 32 shall work with the Illinois Student Assistance Commission to 33 coordinate the marketing of the College Savings Pool and the 34 Illinois Prepaid Tuition Program when considered beneficial HB0708 Enrolled -56- LRB9203186EGfg 1 by the Treasurer and the Director of the Illinois Student 2 Assistance Commission. The Treasurer's office shall not 3 publicize or otherwise market the College Savings Pool or 4 accept any moneys into the College Savings Pool prior to 5 March 1, 2000. The Treasurer shall provide a separate 6 accounting for each designated beneficiary to each 7 participant, the Illinois Student Assistance Commission, and 8 the participating financial institution at which the account 9 was processed. No interest in the program may be pledged as 10 security for a loan. 11 The assets of the College Savings Pool and its income and 12 operation shall be exempt from all taxation by the State of 13 Illinois and any of its subdivisions. The accrued earnings 14 on investments in the Pool once disbursed on behalf of a 15 designated beneficiary shall be similarly exempt from all 16 taxation by the State of Illinois and its subdivisions, so 17 long as they are used for qualified expenses. The provisions 18 of this paragraph are exempt from Section 250 of the Illinois 19 Income Tax Act. 20 The Treasurer shall adopt rules he or she considers 21 necessary for the efficient administration of the College 22 Savings Pool. The rules shall provide whatever additional 23 parameters and restrictions are necessary to ensure that the 24 College Savings Pool meets all of the requirements for a 25 qualified state tuition program under Section 529 of the 26 Internal Revenue Code (26 U.S.C. 52952). The rules shall 27 provide for the administration expenses of the pool to be 28 paid from its earnings and for the investment earnings in 29 excess of the expenses and all moneys collected as penalties 30 to be credited or paid monthly to the several participants in 31 the pool in a manner which equitably reflects the differing 32 amounts of their respective investments in the pool and the 33 differing periods of time for which those amounts were in the 34 custody of the pool. Also, the rules shall require the HB0708 Enrolled -57- LRB9203186EGfg 1 maintenance of records that enable the Treasurer's office to 2 produce a report for each account in the pool at least 3 annually that documents the account balance and investment 4 earnings. Notice of any proposed amendments to the rules and 5 regulations shall be provided to all participants prior to 6 adoption. Amendments to rules and regulations shall apply 7 only to contributions made after the adoption of the 8 amendment. 9 Upon creating the College Savings Pool, the State 10 Treasurer shall give bond with 2 or more sufficient sureties, 11 payable to and for the benefit of the participants in the 12 College Savings Pool, in the penal sum of $1,000,000, 13 conditioned upon the faithful discharge of his or her duties 14 in relation to the College Savings Pool. 15 (Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; 16 revised 7-3-00.) 17 Section 11. The Civil Administrative Code of Illinois is 18 amended by changing the heading to Article 1, adding Section 19 1-2 and changing Sections 1-5, 5-300, 5-310, 5-315, 5-320, 20 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360, 21 5-365, 5-370, 5-375, 5-385, 5-390, 5-395, 5-400, 5-410, 22 5-415, 5-420, and 5-550 as follows: 23 (20 ILCS 5/Art. 1 heading) 24 ARTICLE 1.SHORT TITLE ANDGENERAL PROVISIONS 25 (20 ILCS 5/1-2 new) 26 Sec. 1-2. Article short title. This Article may be cited 27 as the General Provisions Article of the Civil Administrative 28 Code of Illinois. 29 (20 ILCS 5/1-5) 30 Sec. 1-5. Articles. The Civil Administrative Code of HB0708 Enrolled -58- LRB9203186EGfg 1 Illinois consists of the following Articles: 2 Article 1.Short title andGeneral Provisions (20 ILCS 3 5/1-1 and following). 4 Article 5. Departments of State Government Law (20 ILCS 5 5/5-1 and following). 6 Article 50. State Budget Law (15 ILCS 20/50/). 7 Article 110. Department on Aging Law (20 ILCS 110/). 8 Article 205. Department of Agriculture Law (20 ILCS 9 205/). 10 Article 250. State Fair Grounds Title Law (5 ILCS 620/ 11250/). 12 Article 310. Department of Human Services (Alcoholism and 13 Substance Abuse) Law (20 ILCS 310/). 14 Article 405. Department of Central Management Services 15 Law (20 ILCS 405/). 16 Article 510. Department of Children and Family Services 17 Powers Law (20 ILCS 510/). 18 Article 605. Department of Commerce and Community Affairs 19 Law (20 ILCS 605/). 20 Article 805. Department of Natural Resources 21 (Conservation) Law (20 ILCS 805/). 22 Article 1005. Department of Employment Security Law (20 23 ILCS 1005/). 24 Article 1405. Department of Insurance Law (20 ILCS 25 1405/). 26 Article 1505. Department of Labor Law (20 ILCS 1505/). 27 Article 1710. Department of Human Services (Mental Health 28 and Developmental Disabilities) Law (20 ILCS 1710/). 29 Article 1905. Department of Natural Resources (Mines and 30 Minerals) Law (20 ILCS 1905/). 31 Article 2005. Department of Nuclear Safety Law (20 ILCS 32 2005/). 33 Article 2105. Department of Professional Regulation Law 34 (20 ILCS 2105/). HB0708 Enrolled -59- LRB9203186EGfg 1 Article 2205. Department of Public Aid Law (20 ILCS 2 2205/). 3 Article 2310. Department of Public Health Powers and 4 Duties Law (20 ILCS 2310/). 5 Article 2505. Department of Revenue Law (20 ILCS 2505/). 6 Article 2605. Department of State Police Law (20 ILCS 7 2605/). 8 Article 2705. Department of Transportation Law (20 ILCS 9 2705/). 10 Article 3000. University of Illinois Exercise of 11 Functions and Duties Law (110 ILCS 355/). 12 (Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.) 13 (20 ILCS 5/5-300) (was 20 ILCS 5/9) 14 Sec. 5-300. Officers' qualifications and salaries. The 15 executive and administrative officers, whose offices are 16 created by this Act, must have the qualifications prescribed 17 by law and shall receive annual salaries, payable in equal 18 monthly installments, as designated in the Sections following 19 this Section and preceding Section 5-5009.31. If set by the 20 Governor, those annual salaries may not exceed 85% of the 21 Governor's annual salary. 22 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 23 revised 8-2-99.) 24 (20 ILCS 5/5-310) (was 20 ILCS 5/9.21) 25 Sec. 5-310. In the Department on Aging. The Director of 26 Aging shall receive an annual salary as set by the Governor 27 from time to time or as set by the Compensation Review Board, 28 whichever is greater. 29 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 30 revised 8-1-99.) 31 (20 ILCS 5/5-315) (was 20 ILCS 5/9.02) HB0708 Enrolled -60- LRB9203186EGfg 1 Sec. 5-315. In the Department of Agriculture. The 2 Director of Agriculture shall receive an annual salary as set 3 by the Governor from time to time or as set by the 4 Compensation Review Board, whichever is greater. 5 The Assistant Director of Agriculture shall receive an 6 annual salary as set by the Governor from time to time or as 7 set by the Compensation Review Board, whichever is greater. 8 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 9 revised 8-1-99.) 10 (20 ILCS 5/5-320) (was 20 ILCS 5/9.19) 11 Sec. 5-320. In the Department of Central Management 12 Services. The Director of Central Management Services shall 13 receive an annual salary as set by the Governor from time to 14 time or an amount set by the Compensation Review Board, 15 whichever is greater. 16 Each Assistant Director of Central Management Services 17 shall receive an annual salary as set by the Governor from 18 time to time or an amount set by the Compensation Review 19 Board, whichever is greater. 20 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 21 revised 8-1-99.) 22 (20 ILCS 5/5-325) (was 20 ILCS 5/9.16) 23 Sec. 5-325. In the Department of Children and Family 24 Services. The Director of Children and Family Services shall 25 receive an annual salary as set by the Governor from time to 26 time or as set by the Compensation Review Board, whichever is 27 greater. 28 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 29 revised 8-1-99.) 30 (20 ILCS 5/5-330) (was 20 ILCS 5/9.18) 31 Sec. 5-330. In the Department of Commerce and Community HB0708 Enrolled -61- LRB9203186EGfg 1 Affairs. The Director of Commerce and Community Affairs 2 shall receive an annual salary as set by the Governor from 3 time to time or as set by the Compensation Review Board, 4 whichever is greater. 5 The Assistant Director of Commerce and Community Affairs 6 shall receive an annual salary as set by the Governor from 7 time to time or as set by the Compensation Review Board, 8 whichever is greater. 9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 10 revised 8-1-99.) 11 (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a) 12 Sec. 5-335. In the Department of Corrections. The 13 Director of Corrections shall receive an annual salary as set 14 by the Governor from time to time or as set by the 15 Compensation Review Board, whichever is greater. 16 The Assistant Director of Corrections - Juvenile Division 17 shall receive an annual salary as set by the Governor from 18 time to time or as set by the Compensation Review Board, 19 whichever is greater. 20 The Assistant Director of Corrections - Adult Division 21 shall receive an annual salary as set by the Governor from 22 time to time or as set by the Compensation Review Board, 23 whichever is greater. 24 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 25 revised 8-1-99.) 26 (20 ILCS 5/5-340) (was 20 ILCS 5/9.30) 27 Sec. 5-340. In the Department of Employment Security. 28 The Director of Employment Security shall receive an annual 29 salary of as set by the Governor from time to time or an 30 amount set by the Compensation Review Board, whichever is 31 greater. 32 Each member of the Board of Review shall receive $15,000. HB0708 Enrolled -62- LRB9203186EGfg 1 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 2 revised 8-1-99.) 3 (20 ILCS 5/5-345) (was 20 ILCS 5/9.15) 4 Sec. 5-345. In the Department of Financial Institutions. 5 The Director of Financial Institutions shall receive an 6 annual salary as set by the Governor from time to time or as 7 set by the Compensation Review Board, whichever is greater. 8 The Assistant Director of Financial Institutions shall 9 receive an annual salary as set by the Governor from time to 10 time or as set by the Compensation Review Board, whichever is 11 greater. 12 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 13 revised 8-1-99.) 14 (20 ILCS 5/5-350) (was 20 ILCS 5/9.24) 15 Sec. 5-350. In the Department of Human Rights. The 16 Director of Human Rights shall receive an annual salary as 17 set by the Governor from time to time or as set by the 18 Compensation Review Board, whichever is greater. 19 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 20 revised 8-1-99.) 21 (20 ILCS 5/5-355) (was 20 ILCS 5/9.05a) 22 Sec. 5-355. In the Department of Human Services. The 23 Secretary of Human Services shall receive an annual salary as 24 set by the Governor from time to time5-335 Lawor such other 25 amount as may be set by the Compensation Review Board, 26 whichever is greater. 27 The Assistant Secretaries of Human Services shall each 28 receive an annual salary as set by the Governor from time to 29 time5-395 Lawor such other amount as may be set by the 30 Compensation Review Board, whichever is greater. 31 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; HB0708 Enrolled -63- LRB9203186EGfg 1 revised 8-1-99.) 2 (20 ILCS 5/5-360) (was 20 ILCS 5/9.10) 3 Sec. 5-360. In the Department of Insurance. The Director 4 of Insurance shall receive an annual salary as set by the 5 Governor from time to time or as set by the Compensation 6 Review Board, whichever is greater. 7 The Assistant Director of Insurance shall receive an 8 annual salary as set by the Governor from time to time or as 9 set by the Compensation Review Board, whichever is greater. 10 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 11 revised 8-1-99.) 12 (20 ILCS 5/5-365) (was 20 ILCS 5/9.03) 13 Sec. 5-365. In the Department of Labor. The Director of 14 Labor shall receive an annual salary as set by the Governor 15 from time to time or as set by the Compensation Review Board, 16 whichever is greater. 17 The Assistant Director of Labor shall receive an annual 18 salary as set by the Governor from time to time or as set by 19 the Compensation Review Board, whichever is greater. 20 The Chief Factory Inspector shall receive $24,700 from 21 the third Monday in January, 1979 to the third Monday in 22 January, 1980, and $25,000 thereafter, or as set by the 23 Compensation Review Board, whichever is greater. 24 The Superintendent of Safety Inspection and Education 25 shall receive $27,500, or as set by the Compensation Review 26 Board, whichever is greater. 27 The Superintendent of Women's and Children's Employment 28 shall receive $22,000 from the third Monday in January, 1979 29 to the third Monday in January, 1980, and $22,500 thereafter, 30 or as set by the Compensation Review Board, whichever is 31 greater. 32 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; HB0708 Enrolled -64- LRB9203186EGfg 1 revised 8-1-99.) 2 (20 ILCS 5/5-370) (was 20 ILCS 5/9.31) 3 Sec. 5-370. In the Department of the Lottery. The 4 Director of the Lottery shall receive an annual salary as set 5 by the Governor from time to time or an amount set by the 6 Compensation Review Board, whichever is greater. 7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 8 revised 8-1-99.) 9 (20 ILCS 5/5-375) (was 20 ILCS 5/9.09) 10 Sec. 5-375. In the Department of Natural Resources. The 11 Director of Natural Resources shall continue to receive the 12 annual salary set by law for the Director of Conservation 13 until January 20, 1997. Beginning on that date, the Director 14 of Natural Resources shall receive an annual salary as set by 15 the Governor from time to time or the amount set by the 16 Compensation Review Board, whichever is greater. 17 The Assistant Director of Natural Resources shall 18 continue to receive the annual salary set by law for the 19 Assistant Director of Conservation until January 20, 1997. 20 Beginning on that date, the Assistant Director of Natural 21 Resources shall receive an annual salary as set by the 22 Governor from time to time or the amount set by the 23 Compensation Review Board, whichever is greater. 24 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 25 revised 8-1-99.) 26 (20 ILCS 5/5-385) (was 20 ILCS 5/9.25) 27 Sec. 5-385. In the Department of Nuclear Safety. The 28 Director of Nuclear Safety shall receive an annual salary as 29 set by the Governor from time to time or as set by the 30 Compensation Review Board, whichever is greater. 31 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; HB0708 Enrolled -65- LRB9203186EGfg 1 revised 8-1-99.) 2 (20 ILCS 5/5-390) (was 20 ILCS 5/9.08) 3 Sec. 5-390. In the Department of Professional Regulation. 4 The Director of Professional Regulation shall receive an 5 annual salary as set by the Governor from time to time or as 6 set by the Compensation Review Board, whichever is greater. 7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 8 revised 8-1-99.) 9 (20 ILCS 5/5-395) (was 20 ILCS 5/9.17) 10 Sec. 5-395. In the Department of Public Aid. The 11 Director of Public Aid shall receive an annual salary as set 12 by the Governor from time to time or as set by the 13 Compensation Review Board, whichever is greater. 14 The Assistant Director of Public Aid shall receive an 15 annual salary as set by the Governor from time to time or as 16 set by the Compensation Review Board, whichever is greater. 17 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 18 revised 8-1-99.) 19 (20 ILCS 5/5-400) (was 20 ILCS 5/9.07) 20 Sec. 5-400. In the Department of Public Health. The 21 Director of Public Health shall receive an annual salary as 22 set by the Governor from time to time or as set by the 23 Compensation Review Board, whichever is greater. 24 The Assistant Director of Public Health shall receive an 25 annual salary as set by the Governor from time to time or as 26 set by the Compensation Review Board, whichever is greater. 27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 28 revised 8-1-99.) 29 (20 ILCS 5/5-410) (was 20 ILCS 5/9.11) 30 Sec. 5-410. In the Department of State Police. The HB0708 Enrolled -66- LRB9203186EGfg 1 Director of State Police shall receive an annual salary as 2 set by the Governor from time to time or as set by the 3 Compensation Review Board, whichever is greater. 4 The Assistant Director of State Police shall receive an 5 annual salary as set by the Governor from time to time or as 6 set by the Compensation Review Board, whichever is greater. 7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 8 revised 8-1-99.) 9 (20 ILCS 5/5-415) (was 20 ILCS 5/9.05) 10 Sec. 5-415. In the Department of Transportation. The 11 Secretary of Transportation shall receive an annual salary as 12 set by the Governor from time to time or as set by the 13 Compensation Review Board, whichever is greater. 14 The Assistant Secretary of Transportation shall receive 15 an annual salary as set by the Governor from time to time or 16 as set by the Compensation Review Board, whichever is 17 greater. 18 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 19 revised 8-1-99.) 20 (20 ILCS 5/5-420) (was 20 ILCS 5/9.22) 21 Sec. 5-420. In the Department of Veterans' Affairs. The 22 Director of Veterans' Affairs shall receive an annual salary 23 as set by the Governor from time to time or as set by the 24 Compensation Review Board, whichever is greater. 25 The Assistant Director of Veterans' Affairs shall receive 26 an annual salary as set by the Governor from time to time or 27 as set by the Compensation Review Board, whichever is 28 greater. 29 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 30 revised 8-1-99.) 31 (20 ILCS 5/5-550) (was 20 ILCS 5/6.23) HB0708 Enrolled -67- LRB9203186EGfg 1 Sec. 5-550. In the Department of Human Services. A 2 State Rehabilitation Council, hereinafter referred to as the 3 Council, is hereby established for the purpose of advising 4 the Secretary and the vocational rehabilitation administrator 5 of the provisions of the federal Rehabilitation Act of 1973 6 and the Americans with Disabilities Act of 1990 in matters 7 concerning individuals with disabilities and the provision of 8 rehabilitation services. The Council shall consist of 25 9 members appointed by the Governor after soliciting 10 recommendations from representatives of organizations 11 representing a broad range of individuals with disabilities 12 and organizations interested in individuals with 13 disabilities. The Governor shall appoint to this Council the 14 following: 15 (1) One representative of a parent training center 16 established in accordance with the federal Individuals 17 with Disabilities Education Act. 18 (2) One representative of the client assistance 19 program. 20 (3) One vocational rehabilitation counselor who has 21 knowledge of and experience with vocational 22 rehabilitation programs. (If an employee of the 23 Department is appointed, that appointee shall serve as an 24 ex officio, nonvoting member.) 25 (4) One representative of community rehabilitation 26 program service providers. 27 (5) Four representatives of business, industry, and 28 labor. 29 (6) Eight representatives of disability advocacy 30 groups representing a cross section of the following: 31 (A) individuals with physical, cognitive, 32 sensory, and mental disabilities; and 33 (B) parents, family members, guardians, 34 advocates, or authorized representative of HB0708 Enrolled -68- LRB9203186EGfg 1 individuals with disabilities who have difficulty in 2 representing themselves or who are unable, due to 3 their disabilities, to represent themselves. 4 (7) One current or former applicant for, or 5 recipient of, vocational rehabilitation services. 6 (8) Three representatives from secondary or higher 7 education. 8 (9) One representative of the State Workforce 9 Investment Board. 10 (10) One representative of the Illinois State Board 11 of Education who is knowledgeable about the Individuals 12 with Disabilities Education Act. 13 The chairperson of, or a member designated by, the Statewide 14 Independent Living Council created under Section 12a of the 15 Disabled Persons Rehabilitation Act, the chairperson of the 16 Blind Services Planning Council created under the Bureau for 17 the Blind Act, and the vocational rehabilitation 18 administrator shall serve as ex officio members. The 19 vocational rehabilitation administrator shall have no vote. 20 The Council shall select a Chairperson. 21 The Chairperson and at least 12 other members of the 22 Council shall have a recognized disability. One member shall 23 be a senior citizen age 60 or over. A majority of the 24 Council members shall not be employees of the Department of 25 Human Services. Current members of the Rehabilitation 26 Services Council shall serve until members of the newly 27 created Council are appointed. 28 The terms of all members appointed before the effective 29 date of Public Act 88-10 shall expire on July 1, 1993. The 30 members first appointed under Public Act 88-10 shall be 31 appointed to serve for staggered terms beginning July 1, 32 1993, as follows: 7 members shall be appointed for terms of 33 3 years, 7 members shall be appointed for terms of 2 years, 34 and 6 members shall be appointed for terms of one year. HB0708 Enrolled -69- LRB9203186EGfg 1 Thereafter, all appointments shall be for terms of 3 years. 2 Vacancies shall be filled for the unexpired term. 3 Appointments to fill vacancies in unexpired terms and new 4 terms shall be filled by the Governor or by the Council if 5 the Governor delegates that power to the Council by executive 6 order. Members shall serve until their successors are 7 appointed and qualified. No member, except the 8 representative of the client assistance program, shall serve 9 for more than 2 full terms. 10 Members shall be reimbursed for their actual expenses 11 incurred in the performance of their duties, including 12 expenses for travel, child care, and personal assistance 13 services, and a member who is not employed or who must 14 forfeit wages from other employment shall be paid reasonable 15 compensation for each day the member is engaged in performing 16 the duties of the Council. 17 The Council shall meet at least 4 times per year at times 18 and places designated by the Chairman upon 10 days written 19 notice to the members. Special meetings may be called by the 20 Chairperson or 7 members of the Council upon 7 days written 21 notice to the other members. Nine members shall constitute a 22 quorum. No member of the Council shall cast a vote on any 23 matter that would provide direct financial benefit to the 24 member or otherwise give the appearance of a conflict of 25 interest under Illinois law. 26 The Council shall prepare and submit to the vocational 27 rehabilitation administrator the reports and findings that 28 the vocational rehabilitation administratoror shemay 29 request or that the Council deems fit. The Council shall 30 select jointly with the vocational rehabilitation 31 administrator a pool of qualified persons to serve as 32 impartial hearing officers. The Council shall, with the 33 vocational rehabilitation unit in the Department, jointly 34 develop, agree to, and review annually State goals and HB0708 Enrolled -70- LRB9203186EGfg 1 priorities and jointly submit annual reports of progress to 2 the federal Commissioner of the Rehabilitation Services 3 Administration. 4 To the extent that there is a disagreement between the 5 Council and the unit within the Department of Human Services 6 responsible for the administration of the vocational 7 rehabilitation program, regarding the resources necessary to 8 carry out the functions of the Council as set forth in this 9 Section, the disagreement shall be resolved by the Governor. 10 (Source: P.A. 90-453, eff. 8-16-97; 91-239, eff. 1-1-00; 11 91-540, eff. 8-13-99; revised 8-25-99.) 12 Section 13. The Department of Agriculture Law of the 13 Civil Administrative Code of Illinois is amended by 14 renumbering Section 40.43 and changing Section 205-60 as 15 follows: 16 (20 ILCS 205/205-47) (was 20 ILCS 205/40.43) 17 Sec. 205-47.40.43.Value Added Agricultural Products. 18 (a) To expend funds appropriated to the Department of 19 Agriculture to develop and implement a grant program for 20 value added agricultural products, to be called the "Illinois 21 Value-Added Agriculture Enhancement Program". The grants are 22 to provide 50% of (i) the cost of undertaking feasibility 23 studies, competitive assessments, and consulting or 24 productivity services that the Department determines may 25 result in enhancement of value added agricultural products 26 and (ii) seed money for new or expanding agribusiness. 27 (b) "Agribusiness" means any sole proprietorship, 28 limited partnership, copartnership, joint venture, 29 corporation, or cooperative that operates or will operate a 30 facility located within the State of Illinois that is related 31 to the processing of agricultural commodities (including, 32 without limitation, the products of aquaculture, hydroponics, HB0708 Enrolled -71- LRB9203186EGfg 1 and silviculture) or the manufacturing, production, or 2 construction of agricultural buildings, structures, 3 equipment, implements, and supplies, or any other facilities 4 or processes used in agricultural production. Agribusiness 5 includes but is not limited to the following: 6 (1) grain handling and processing, including grain 7 storage, drying, treatment, conditioning, milling, and 8 packaging; 9 (2) seed and feed grain development and processing; 10 (3) fruit and vegetable processing, including 11 preparation, canning, and packaging; 12 (4) processing of livestock and livestock products, 13 dairy products, poultry and poultry products, fish, or 14 apiarian products, including slaughter, shearing, 15 collecting, preparation, canning, and packaging; 16 (5) fertilizer and agricultural chemical 17 manufacturing, processing, application, and supplying; 18 (6) farm machinery, equipment, and implement 19 manufacturing and supplying; 20 (7) manufacturing and supplying of agricultural 21 commodity processing machinery and equipment, including 22 machinery and equipment used in slaughter, treatment, 23 handling, collecting, preparation, canning, or packaging 24 of agricultural commodities; 25 (8) farm building and farm structure manufacturing, 26 construction, and supplying; 27 (9) construction, manufacturing, implementation, 28 supplying, or servicing of irrigation, drainage, and soil 29 and water conservation devices or equipment; 30 (10) fuel processing and development facilities 31 that produce fuel from agricultural commodities or 32 by-products; 33 (11) facilities and equipment for processing and 34 packaging agricultural commodities specifically for HB0708 Enrolled -72- LRB9203186EGfg 1 export; 2 (12) facilities and equipment for forestry product 3 processing and supplying, including sawmilling 4 operations, wood chip operations, timber harvesting 5 operations, and manufacturing of prefabricated buildings, 6 paper, furniture, or other goods from forestry products; 7 and 8 (13) facilities and equipment for research and 9 development of products, processes, and equipment for the 10 production, processing, preparation, or packaging of 11 agricultural commodities and by-products. 12 (c) The "Illinois Value-Added Agriculture Enhancement 13 Program Fund" is created as a special fund in the State 14 Treasury to provide grants to Illinois' small agribusinesses, 15 subject to appropriation for that purpose. Each grant 16 awarded under this program shall provide funding for up to 17 50% of the cost of (i) the development of valued added 18 agricultural products or (ii) seed money for new or expanding 19 agribusiness, not to exceed 50% of appropriated funds. 20 Notwithstanding the other provisions of this paragraph, the 21 fund shall not be used to provide seed money to an Illinois 22 small agribusiness for the purpose of compliance with the 23 provisions of the Livestock Management Facilities Act. 24 (d) For the purposes of this Section, "Illinois small 25 agribusiness" means a "small business concern" as defined in 26 Title 15 United States Code, Section 632, that primarily 27 conducts its business in Illinois. 28 (e) The Department shall make such rules and regulations 29 as may be necessary to carry out its statutory duties. Among 30 other duties, the Department, through the program, may do all 31 of the following: 32 (1) Make and enter into contracts, including but 33 not limited to making grants specified by the General 34 Assembly pursuant to appropriations by the General HB0708 Enrolled -73- LRB9203186EGfg 1 Assembly from the Illinois Value-Added Agriculture 2 Enhancement Program Fund, and generally to do all such 3 things as, in its judgment, may be necessary, proper, and 4 expedient in accomplishing its duties. 5 (2) Provide for, staff, and administer a program in 6 which the Department shall plan and coordinate State 7 efforts designed to aid and stimulate the development of 8 value-added agribusiness. 9 (3) Make grants on the terms and conditions that 10 the Department shall determine, except that no grant made 11 under the provisions of this item (3) shall exceed 50% of 12 the direct costs. 13 (4) Act as the State Agriculture Planning Agency, 14 and accept and use planning grants or other financial 15 assistance from the federal government (i) for statewide 16 comprehensive planning work including research and 17 coordination activity directly related to agriculture 18 needs; and (ii) for state and inter-state comprehensive 19 planning and research and coordination activity related 20 thereto. All such grants shall be subject to the terms 21 and conditions prescribed by the federal government. 22 (f) The Illinois Value-Added Agricultural Enhancement 23 Fund is subject to the provisions of the Illinois Grant Funds 24 Recovery Act (GFRA). 25 (Source: P.A. 91-560, eff. 8-14-99; revised 10-25-99.) 26 (20 ILCS 205/205-60) (was 20 ILCS 205/40.35) 27 Sec. 205-60. Aquaculture. The Department has the power 28 to develop and implement a program to promote aquaculture and 29 to make grants to an aquaculture cooperative in this State 30 pursuant to the Aquaculture Development Act, to promulgate 31 the necessary rules and regulations, and to cooperate with 32 and seek the assistance of the Department of Natural 33 Resources and the Department of Transportation in the HB0708 Enrolled -74- LRB9203186EGfg 1 implementation and enforcement of that Act. 2 (Source: P.A. 91-239, eff. 1-1-00; 91-530, eff. 8-13-99; 3 revised 10-25-99.) 4 Section 13.5. The Alcoholism and Other Drug Abuse and 5 Dependency Act is amended by changing Section 10-45 as 6 follows: 7 (20 ILCS 301/10-45) 8 Sec. 10-45. Membership. The Board shall consist of 16 9 members: 10 (a) The Director of Aging. 11 (b) The State Superintendent of Education. 12 (c) The Director of Corrections. 13 (d) The Director of State Police. 14 (e) The Director of Professional Regulation. 15 (f) (Blank). 16 (g) The Director of Children and Family Services. 17 (h) (Blank). 18 (i) The Director of Public Aid. 19 (j) The Director of Public Health. 20 (k) The Secretary of State. 21 (l) The Secretary of Transportation. 22 (m) The Director of Insurance. 23 (n) The Director of the Administrative Office of 24 the Illinois Courts. 25 (o) The Chairman of the Board of Higher Education. 26 (p) The Director of Revenue. 27 (q) The Executive Director of the Criminal Justice 28 Information Authority. 29 (r) A chairman who shall be appointed by the 30 Governor for a term of 3 years. 31 Each member may designate a representative to serve in his or 32 her place by written notice to the Department. HB0708 Enrolled -75- LRB9203186EGfg 1 (Source: P.A. 88-80; 89-507, eff. 7-1-97; revised 2-23-00.) 2 Section 15. The Department of Children and Family 3 Services Powers Law of the Civil Administrative Code of 4 Illinois is amended by changing Section 510-5 as follows: 5 (20 ILCS 510/510-5) 6 Sec. 510-5. Definition. As used in this Article 51030, 7 "Department" means the Department of Children and Family 8 Services. 9 (Source: P.A. 91-239, eff. 1-1-00; revised 11-5-99.) 10 Section 16. The Department of Commerce and Community 11 Affairs Law of the Civil Administrative Code of Illinois is 12 amended by changing Sections 605-55, 605-385, 605-415, 13 605-615, 605-705, 605-850, 605-855, 605-860, and 605-940 and 14 renumbering Sections 46.19k, 46.34a, 46.34b, 46.70, 46.71, 15 and 46.76 as follows: 16 (20 ILCS 605/605-55) (was 20 ILCS 605/46.21) 17 Sec. 605-55. Contracts and other acts to accomplish 18 Department's duties. To make and enter into contracts, 19 including but not limited to making grants and loans to units 20 of local government, private agencies as defined in the 21 Illinois State Auditing Act, non-profit corporations, 22 educational institutions, and for-profit businesses as 23 authorized pursuant to appropriations by the General Assembly 24 from the Build Illinois Bond Fund, the Build Illinois 25 Purposes Fund, the Fund for Illinois' Future, the Capital 26 Development Fund, and the General Revenue Fund, and generally 27 to do all things that, in its judgment, may be necessary, 28 proper, and expedient in accomplishing its duties. 29 (Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00; 30 revised 8-3-99.) HB0708 Enrolled -76- LRB9203186EGfg 1 (20 ILCS 605/605-111) (was 20 ILCS 605/46.34a) 2 Sec. 605-111. Transfer relating to the Illinois Main 3 Street Program.46.34a.To assume from the Office of the 4 Lieutenant Governor on July 1, 1999, all personnel, books, 5 records, papers, documents, property both real and personal, 6 and pending business in any way pertaining to the Illinois 7 Main Street Program. All personnel transferred pursuant to 8 this Section shall receive certified status under the 9 Personnel Code. 10 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.) 11 (20 ILCS 605/605-112) (was 20 ILCS 605/46.34b) 12 Sec. 605-112. Transfer relating to the State Data 13 Center.46.34b.To assume from the Executive Office of the 14 Governor, Bureau of the Budget, on July 1, 1999, all 15 personnel, books, records, papers, documents, property both 16 real and personal, and pending business in any way pertaining 17 to the State Data Center, established pursuant to a 18 Memorandum of Understanding entered into with the Census 19 Bureau pursuant to 15 U.S.C. Section 1525. All personnel 20 transferred pursuant to this Section shall receive certified 21 status under the Personnel Code. 22 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.) 23 (20 ILCS 605/605-323) (was 20 ILCS 605/46.76) 24 Sec. 605-323.46.76.Energy Assistance Contribution 25 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 30 advisable, to assist eligible households, businesses, 31 industries, educational institutions, hospitals, health care 32 facilities, and not-for-profit entities to obtain and HB0708 Enrolled -77- LRB9203186EGfg 1 maintain reliable and efficient energy related services, or 2 to improve the efficiency of such services. 3 (b) The Energy Assistance Contribution Fund is created 4 as a special fund in the State Treasury, and all moneys 5 received under this Section shall be deposited into that 6 Fund. Moneys in the Energy Assistance Contribution Fund may 7 be expended for purposes consistent with the conditions under 8 which those moneys are received, subject to appropriations 9 made by the General Assembly for those purposes. 10 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.) 11 (20 ILCS 605/605-385) (was 20 ILCS 605/46.62) 12 Sec. 605-385. Technology Challenge Grant Program; 13 IllinoisAdvancedTechnology Enterprise Development and 14 Investment Program. To establish and administer a Technology 15 Challenge Grant Program and an Illinois Technology Enterprise 16 Development and Investment Program as provided by the 17 Technology Advancement and Development Act and to expend 18 appropriations in accordance therewith. 19 (Source: P.A. 91-239, eff. 1-1-00; 91-476, eff. 8-11-99; 20 revised 10-20-99.) 21 (20 ILCS 605/605-415) 22 Sec. 605-415. Job Training and Economic Development 23 Grant Program. 24 (a) Legislative findings. The General Assembly finds 25 that: 26 (1) Despite the large number of unemployed job 27 seekers, many employers are having difficulty matching 28 the skills they require with the skills of workers; a 29 similar problem exists in industries where overall 30 employment may not be expanding but there is an acute 31 need for skilled workers in particular occupations. 32 (2) The State of Illinois should foster local HB0708 Enrolled -78- LRB9203186EGfg 1 economic development by linking the job training of 2 unemployed disadvantaged citizens with the workforce 3 needs of local business and industry. 4 (3) Employers often need assistance in developing 5 training resources that will provide work opportunities 6 for disadvantaged populations. 7 (b) Definitions. As used in this Section: 8 "Community based provider" means a not-for-profit 9 organization, with local boards of directors, that directly 10 provides job training services. 11 "Disadvantaged persons" has the same meaning as in Titles 12 II-A and II-C of the federal Job Training Partnership Act. 13 "Training partners" means a community-based provider and 14 one or more employers who have established training and 15 placement linkages. 16 (c) From funds appropriated for that purpose, the 17 Department of Commerce and Community Affairs shall administer 18 a Job Training and Economic Development Grant Program. The 19 Director shall make grants to community-based providers. The 20 grants shall be made to support the following: 21 (1) Partnerships between community-based providers 22 and employers for the customized training of existing 23 low-skilled, low-wage employees and newly hired 24 disadvantaged persons. 25 (2) Partnerships between community-based providers 26 and employers to develop and operate training programs 27 that link the work force needs of local industry with the 28 job training of disadvantaged persons. 29 (d) For projects created under paragraph (1) of 30 subsection (c): 31 (1) The Department shall give a priority to 32 projects that include an in-kind match by an employer in 33 partnership with a community-based provider and projects 34 that use instructional materials and training instructors HB0708 Enrolled -79- LRB9203186EGfg 1 directly used in the specific industry sector of the 2 partnership employer. 3 (2) The partnership employer must be an active 4 participant in the curriculum development and train 5 primarily disadvantaged populations. 6 (e) For projects created under paragraph (2) of 7 subsection (c): 8 (1) Community based organizations shall assess the 9 employment barriers and needs of local residents and work 10 in partnership with local economic development 11 organizations to identify the priority workforce needs of 12 the local industry. 13 (2) Training partners (that is, community-based 14 organizations and employers) shall work together to 15 design programs with maximum benefits to local 16 disadvantaged persons and local employers. 17 (3) Employers must be involved in identifying 18 specific skill-training needs, planning curriculum, 19 assisting in training activities, providing job 20 opportunities, and coordinating job retention for people 21 hired after training through this program and follow-up 22 support. 23 (4) The community-based organizations shall serve 24 disadvantaged persons, including welfare recipients. 25 (f) The Department shall adopt rules for the grant 26 program and shall create a competitive application procedure 27 for those grants to be awarded beginning in fiscal year 1998. 28 Grants shall be based on a performance based contracting 29 system. Each grant shall be based on the cost of providing 30 the training services and the goals negotiated and made a 31 part of the contract between the Department and the training 32 partners. The goals shall include the number of people to be 33 trained, the number who stay in the program, the number who 34 complete the program, the number who enter employment, their HB0708 Enrolled -80- LRB9203186EGfg 1 wages, and the number who retain employment. The level of 2 success in achieving employment, wage, and retention goals 3 shall be a primary consideration for determining contract 4 renewals and subsequent funding levels. In setting the 5 goals, due consideration shall be given to the education, 6 work experience, and job readiness of the trainees; their 7 barriers to employment; and the local job market. Periodic 8 payments under the contracts shall be based on the degree to 9 which the relevant negotiated goals have been met during the 10 payment period. 11 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98; 12 90-758, eff. 8-14-98; 91-34, eff. 7-1-99; 91-239, eff. 13 1-1-00; revised 8-3-99.) 14 (20 ILCS 605/605-512) (was 20 ILCS 605/46.70) 15 (Section scheduled to be repealed on December 31, 2004) 16 Sec. 605-512.46.70.Small business incubator grants. 17 (a) Subject to availability of funds in the Small 18 Business Incubator Fund, the Director of Commerce and 19 Community Affairs may make grants to eligible small business 20 incubators in an amount not to exceed 50% of State income 21 taxes paid in the previous calendar year by qualified tenant 22 businesses subject to the restrictions of this Section. 23 (b) There is created a special fund in the State 24 Treasury known as the Small Business Incubator Fund. The 25 money in the Fund may be used only for making grants under 26 subsection (a) of this Section. The Department of Revenue 27 shall certify by March 1 of each year to the General 28 Assembly the amount of State income taxes paid by qualified 29 tenant businesses in the previous year. The Department of 30 Revenue may, by rule, prescribe forms necessary to identify 31 qualified tenant businesses under this Section. An amount 32 equal to 50% of the amount certified by the Department of 33 Revenue shall be appropriated into the Fund annually. HB0708 Enrolled -81- LRB9203186EGfg 1 (c) Eligible small business incubators that receive a 2 grant under this Section may use the grant only for capital 3 improvements on the building housing the eligible small 4 business incubator. Each small business incubator shall be 5 eligible for a grant equal to no more than 50% of the amount 6 of State income taxes paid in the previous year by qualified 7 tenant businesses of the small business incubator, minus 8 administrative costs. The eligible small business incubator 9 must keep written records of the use of the grant money for a 10 period of 5 years from disbursement. 11 (d) By April 1 of each year, an eligible small business 12 incubator may apply for a grant under this Section on forms 13 developed by the Department. The Department may require 14 applicants to provide proof of eligibility. Upon review of 15 the applications, the Director of Commerce and Community 16 Affairs shall approve or disapprove the application. At the 17 start of each fiscal year or upon approval of the budget for 18 that fiscal year, whichever is later, the Director shall 19 determine the amount of funds available for grants under this 20 Section and shall then approve the grants. 21 (e) For purposes of this Section: 22 (1) "Eligible small business incubator" means an 23 entity that is dedicated to the successful development of 24 entrepreneurial companies, has a specific written policy 25 identifying requirements for a business "to graduate" 26 from the incubator, either owns or leases real estate in 27 which qualified tenant businesses operate, and provides 28 all of the following services: management guidance, 29 rental spaces, shared basic business equipment, 30 technology support services, and assistance in obtaining 31 financing. 32 (2) "Qualified tenant business" means a business 33 that currently leases space from an eligible small 34 business incubator, is less than 5 years old, and either HB0708 Enrolled -82- LRB9203186EGfg 1 has not fulfilled the eligible small business incubator's 2 graduation requirements or has fulfilled these 3 requirements within the last 5 years. 4 (f) Five percent of the amount that is appropriated 5 annually into the Small Business Incubator Fund shall be 6 allotted to the Department of Commerce and Community Affairs 7 for the purpose of administering, overseeing, and evaluating 8 the grant process and outcome. 9 (g) This Section is repealed on December 31, 2004. 10 The evaluation of the effectiveness of the grant process 11 and subsequent outcome of job and business creation shall 12 recommend the continuation or the repeal of this Section and 13 shall be submitted to the Governor and the General Assembly 14 before December 31, 2003. 15 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.) 16 (20 ILCS 605/605-550) (was 20 ILCS 605/46.71) 17 Sec. 605-550.46.71.Model domestic violence and sexual 18 assault employee awareness and assistance policy. 19 (a) The Department shall convene a task force including 20 members of the business community, employees, employee 21 organizations, representatives from the Department of Labor, 22 and directors of domestic violence and sexual assault 23 programs, including representatives of statewide advocacy 24 organizations for the prevention of domestic violence and 25 sexual assault, to develop a model domestic violence and 26 sexual assault employee awareness and assistance policy for 27 businesses. 28 The Department shall give due consideration to the 29 recommendations of the Governor, the President of the Senate, 30 and the Speaker of the House of Representatives for 31 participation by any person on the task force, and shall make 32 reasonable efforts to assure regional balance in membership. 33 (b) The purpose of the model employee awareness and HB0708 Enrolled -83- LRB9203186EGfg 1 assistance policy shall be to provide businesses with the 2 best practices, policies, protocols, and procedures in order 3 that they ascertain domestic violence and sexual assault 4 awareness in the workplace, assist affected employees, and 5 provide a safe and helpful working environment for employees 6 currently or potentially experiencing the effects of domestic 7 violence or sexual assault. The model plan shall include but 8 not be limited to: 9 (1) the establishment of a definite corporate 10 policy statement recognizing domestic violence and sexual 11 assault as workplace issues as well as promoting the need 12 to maintain job security for those employees currently 13 involved in domestic violence or sexual assault disputes; 14 (2) policy and service publication requirements, 15 including posting these policies and service availability 16 pamphlets in break rooms, on bulletin boards, and in 17 restrooms, and transmitting them through other 18 communication methods; 19 (3) a listing of current domestic violence and 20 sexual assault community resources such as shelters, 21 crisis intervention programs, counseling and case 22 management programs, and legal assistance and advocacy 23 opportunities for affected employees; 24 (4) measures to ensure workplace safety including, 25 where appropriate, designated parking areas, escort 26 services, and other affirmative safeguards; 27 (5) training programs and protocols designed to 28 educate employees and managers in how to recognize, 29 approach, and assist employees experiencing domestic 30 violence or sexual assault, including both victims and 31 batterers; and 32 (6) other issues as shall be appropriate and 33 relevant for the task force in developing the model 34 policy. HB0708 Enrolled -84- LRB9203186EGfg 1 (c) The model policy shall be reviewed by the task force 2 to assure consistency with existing law and shall be made the 3 subject of public hearings convened by the Department 4 throughout the State at places and at times which are 5 convenient for attendance by the public, after which the 6 policy shall be reviewed by the task force and amended as 7 necessary to reflect concerns raised at the hearings. If 8 approved by the task force, the model policy shall be 9 provided as approved with explanation of its provisions to 10 the Governor and the General Assembly not later than one year 11 after the effective date of this amendatory Act of the 91st 12 General Assembly. The Department shall make every effort to 13 notify businesses of the availability of the model domestic 14 violence and sexual assault employee awareness and assistance 15 policy. 16 (d) The Department, in consultation with the task force, 17 providers of services, the advisory council, the Department 18 of Labor, and representatives of statewide advocacy 19 organizations for the prevention of domestic violence and 20 sexual assault, shall provide technical support, information, 21 and encouragement to businesses to implement the provisions 22 of the model. 23 (e) Nothing contained in this Section shall be deemed to 24 prevent businesses from adopting their own domestic violence 25 and sexual assault employee awareness and assistance policy. 26 (f) The Department shall survey businesses within 4 27 years of the effective date of this amendatory Act of the 28 91st General Assembly to determine the level of model policy 29 adoption amongst businesses and shall take steps necessary to 30 promote the further adoption of such policy. 31 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.) 32 (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e) 33 Sec. 605-615. Assistance with exports. The Department HB0708 Enrolled -85- LRB9203186EGfg 1 shall have the following duties and responsibilities in 2 regard to the Civil Administrative Code of Illinois: 3 (1) To establish or cosponsor mentoring conferences, 4 utilizing experienced manufacturing exporters, to explain and 5 provide information to prospective export manufacturers and 6 businesses concerning the process of exporting to both 7 domestic and international opportunities. 8 (2) To provide technical assistance to prospective 9 export manufacturers and businesses seeking to establish 10 domestic and international export opportunities. 11 (3) To coordinate with the Department's Small Business 12 Development Centers to link buyers with prospective export 13 manufacturers and businesses. 14 (4) To promote, both domestically and abroad, products 15 made in Illinois in order to informand adviseconsumers and 16 buyers of their high quality standards and craftsmanship. 17 (5) To provide technical assistance toward establishment 18 of export trade corporations in the private sector. 19 (6) To develop an electronic data base to compile 20 information on international trade and investment activities 21 in Illinois companies, provide access to research and 22 business opportunities through external data bases, and 23 connect this data base through international communication 24 systems with appropriate domestic and worldwide networks 25 users. 26 (7) To collect and distribute to foreign commercial 27 libraries directories, catalogs, brochures, and other 28 information of value to foreign businesses considering doing 29 business in this State. 30 (8) To establish an export finance awareness program to 31 provide information to banking organizations about methods 32 used by banks to provide financing for businesses engaged in 33 exporting and about other State and federal programs to 34 promote and expedite export financing. HB0708 Enrolled -86- LRB9203186EGfg 1 (9) To undertake a survey of Illinois' businesses to 2 identify exportable products and the businesses interested in 3 exporting. 4 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 5 revised 8-5-99.) 6 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) 7 Sec. 605-705. Grants to local tourism and convention 8 bureaus. 9 (a) To establish a grant program for local tourism and 10 convention bureaus. The Department will develop and 11 implement a program for the use of funds, as authorized under 12 this Act, by local tourism and convention bureaus. For the 13 purposes of this Act, bureaus eligible to receive funds are 14 defined as those bureaus in legal existence as of January 1, 15 1985 that are either a unit of local government or 16 incorporated as a not-for-profit organization, are affiliated 17 with at least one municipality or county, and employ one full 18 time staff person whose purpose is to promote tourism. Each 19 bureau receiving funds under this Act will be certified by 20 the Department as the designated recipient to serve an area 21 of the State. These funds may not be used in support of the 22 Chicago World's Fair. 23 (b) To distribute grants to local tourism and convention 24 bureaus from appropriations made from the Local Tourism Fund 25 for that purpose. Of the amounts appropriated annually to 26 the Department for expenditure under this Section, one-third 27 of those monies shall be used for grants to convention and 28 tourism bureaus in cities with a population greater than 29 500,000. The remaining two-thirds of the annual 30 appropriation shall be used for grants to convention and 31 tourism bureaus in the remainder of the State, in accordance 32 with a formula based upon the population served. The 33 Department may reserve up to 10% of the total appropriated to HB0708 Enrolled -87- LRB9203186EGfg 1 conduct audits of grants, to provide incentive funds to those 2 bureaus that will conduct promotional activities designed to 3 further the Department's statewide advertising campaign, to 4 fund special statewide promotional activities, and to fund 5 promotional activities that support an increased use of the 6 State's parks or historic sites. 7 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 8 91-357, eff. 7-29-99; revised 8-4-99.) 9 (20 ILCS 605/605-817) (was 20 ILCS 605/46.19k) 10 Sec. 605-817.46.19k.Family loan program. 11 (a) From amounts appropriated for such purpose, the 12 Department in consultation with the Department of Human 13 Services shall solicit proposals to establish programs to be 14 known as family loan programs. Such programs shall provide 15 small, no-interest loans to custodial parents with income 16 below 200% of the federal poverty level an who are working or 17 enrolled in a post-secondary education program, to aid in 18 covering the costs of unexpected expenses that could 19 interfere with their ability to maintain employment or 20 continue education. Loans awarded through a family loan 21 program may be paid directly to a third party on behalf of a 22 loan recipient and in either case shall not constitute income 23 or resources for the purposes of public assistance and care 24 so long as the funds are used for the intended purpose. 25 (b) The Director shall enter into written agreements 26 with not-for-profit organizations or local government 27 agencies to administer loan pools. Agreements shall be 28 entered into with no more than 4 organizations or agencies, 29 no more than one of which shall be located in the city of 30 Chicago. 31 (c) Program sites shall be approved based on the 32 demonstrated ability of the organization or governmental 33 agency to secure funding from private or public sources HB0708 Enrolled -88- LRB9203186EGfg 1 sufficient to establish a loan pool to be maintained through 2 repayment agreements entered into by eligible low-income 3 families. Funds awarded by the Department to approved 4 program sites shall be used for the express purposes of 5 covering staffing and administration costs associated with 6 administering the loan pool. 7 (Source: P.A. 91-372, eff. 1-1-00; revised 8-11-99.) 8 (20 ILCS 605/605-850) (was 20 ILCS 605/46.32a in part) 9 Sec. 605-850. Labor-management-community relations; 10 Labor-Management-CommunityLabor-ManagementCooperation 11 Committee. 12 (a) Because economic development investment programs 13 must be supplemented with efforts to maintain a skilled, 14 stable, and diverse workforce able to meet the needs of new 15 and growing business enterprises, the Department shall 16 promote better labor-management-community and government 17 operations by providing assistance in the development of 18 local labor-management-community committees and coalitions 19 established to address employment issues facing families and 20 by helping Illinois current and prospective employers attract 21 and retain a diverse and productive workforce through the 22 promotion and support of dependent care policies and programs 23 in the workplace and community. 24 (b) In the Department there shall be a 25 Labor-Management-Community Cooperation Committee composed of 26 18 public members appointed by the Governor with the advice 27 and consent of the Senate. Six members shall represent 28 executive level management of businesses, 6 members shall 29 represent major labor union leadership, and 6 members shall 30 represent community leadership. The Governor shall designate 31 one1business representative and one1labor representative 32 as cochairmen. Appointed members shall not be represented at 33 a meeting by another person. There shall be 9 ex officio HB0708 Enrolled -89- LRB9203186EGfg 1 nonvoting members: the Director, who shall serve as 2 Secretary, the Director of Labor, the Secretary of Human 3 Services, the Director of Public Health, the Director of 4 Employment Security, the President of the Senate, the 5 Minority Leader of the Senate, the Speaker of the House of 6 Representatives, and the Minority Leader of the House of 7 Representatives. Each ex officio member shall serve during 8 the term of his or her office. Ex officio members may be 9 represented by duly authorized substitutes. 10 In making the initial public member appointments to the 11 Committee, 3 of the business representatives and 3 of the 12 labor union representatives shall be appointed for terms 13 expiring July 1, 1987. The remaining public members shall be 14 appointed for terms expiring July 1, 1988. The public 15 members appointed under this amendatory Act of the 91st 16 General Assembly shall be divided into 2 groups with the 17 first group having terms that expire on July 1, 2002 and the 18 second group having terms that expire on July 1, 2003. 19 Thereafter, public members of the Committee shall be 20 appointed for terms of 2 years expiring on July 1, or until 21 their successors are appointed and qualified. The Governor 22 may at any time, with the advice and consent of the Senate, 23 make appointments to fill vacancies for the balance of an 24 unexpired term. Public members shall serve without 25 compensation but shall be reimbursed by the Department for 26 necessary expenses incurred in the performance of their 27 duties. The Department shall provide staff assistance to the 28 Committee. 29 (c) The Committee shall have the following duties: 30 (1) To improve communications between labor, 31 management, and communities on significant economic 32 problems facing the State, especially with respect to 33 identifying new ways to attract and retain employees and 34 provide an environment in which employees can do their HB0708 Enrolled -90- LRB9203186EGfg 1 best work. 2 (2) To encourage and support the development of 3 local labor, management, and community committees at the 4 plant, industry and area levels across the State and 5 encourage and support the development of local coalitions 6 to support the implementation of family-friendly policies 7 in the workplace. 8 (3) To assess the progress of area 9 labor-management-community committees and local 10 coalitions that have been formed across the State and 11 provide input to the Governor and General Assembly 12 concerning grant programs established in this Act. 13 (4) To convene a statewide conference on 14 labor-management-community concerns at least once every 2 15 years and to convene a series of regional work, family, 16 and community planning conferences throughout the State 17 for employers, unions, and community leaders to form 18 local coalitions to share information, pool resources, 19 and address work and family concerns in their own 20 communities. 21 (5) To issue a report on labor-management-community 22 and employment-related family concerns to the Governor 23 and the General Assembly every 2 years. This report 24 shall outline the accomplishments of the Committee and 25 specific recommendations for improving statewide 26 labor-management-community relations and supporting the 27 adoption of family-friendly work practices throughout the 28 State.;29 (6) To advise the Department on dependent care and 30 other employment-related family initiatives.; and31 (7) To advise the Department on other initiatives 32 to foster maintenance and development of productive, 33 stable, and diverse workforces to supplement and advance 34 community and State investment-based economic development HB0708 Enrolled -91- LRB9203186EGfg 1 programs. 2 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 3 91-476, eff. 8-11-99; revised 10-20-99.) 4 (20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part) 5 Sec. 605-855. Grants to local coalitions and 6 labor-management-communitylabor-managementcommittees. 7 (a) The Director, with the advice of the 8 Labor-Management-Community Cooperation Committee, shall have 9 the authority to provide grants to employee coalitions or 10 other coalitions that enhance or promote work and family 11 programs and address specific community concerns, and to 12 provide matching grants, grants, and other resources to 13 establish or assist area labor-management-community 14 committees and other projects that serve to enhance 15 labor-management-community relations. The Department shall 16 have the authority, with the advice of the 17 Labor-Management-Community Cooperation Committee, to award 18 grants or matching grants in thefollowing 4areasas19 provided in subsections (b) through (g)(e). 20 (b)To provide 60%Matching grants to existing local 21 labor-management-community committees. To be eligible for 22 matching grants pursuant to this subsection, local 23 labor-management-community committees shall meet all of the 24 following criteria: 25 (1) Be a formal, not-for-profit organization 26 structured for continuing service with voluntary 27 membership. 28 (2) Be composed of labor, management, and community 29 representatives. 30 (3) Service a distinct and identifiable geographic 31 region. 32 (4) Be staffed by a professional chief executive 33 officer. HB0708 Enrolled -92- LRB9203186EGfg 1 (5) Have been established with the Department for 2 at least 2 years. 3 (6) Operate in compliance with rules set forth by 4 the Department with the advice of the 5 Labor-Management-Community Cooperation Committee. 6 (7) Ensure that their efforts and activities are 7 coordinated with relevant agencies, including but not 8 limited to the following: 9 Department of Commerce and Community Affairs 10 Illinois Department of Labor 11 Economic development agencies 12 Planning agencies 13 Colleges, universities, and community colleges 14 U.S. Department of Labor 15 Statewide Job Training Partnership Act entities 16 or entities under any successor federal workforce 17 training and development legislation. 18 Further, the purpose of the local 19 labor-management-community committees will include, but not 20 be limited to, the following: 21 (i)(8)Enhancing the positive 22 labor-management-community relationship within the State, 23 region, community, and/or work place. 24 (ii)(9)Assisting in the retention, expansion, and 25 attraction of businesses and jobs within the State 26 through special training programs, gathering and 27 disseminating information, and providing assistance in 28 local economic development efforts as appropriate. 29 (iii)(10)Creating and maintaining a regular 30 nonadversarial forum for ongoing dialogue between labor, 31 management, and community representatives to discuss and 32 resolve issues of mutual concern outside the realm of the 33 traditional collective bargaining process. 34 (iv)(11)Acting as an intermediary for initiating HB0708 Enrolled -93- LRB9203186EGfg 1 local programs between unions and employers that would 2 generally improve economic conditions in a region. 3 (v)(12)Encouraging, assisting, and facilitating 4 the development of work-site and industry 5 labor-management-community committees in the region. 6 Any local labor-management-community committee meeting 7 these criteria may apply to the Department for annual 8 matching grants, provided that the local committee 9 contributes at least 25% in matching funds, of which no more 10 than 50% shall be "in-kind" services. Funds received by a 11 local committee pursuant to this subsection shall be used for 12 the ordinary operating expenses of the local committee. 13 (c)To provide 20%Matching grants to local 14 labor-management-community committees that do not meet all of 15 the eligibility criteria set forth in subsection (b). 16 However, to be eligible to apply for a grant under this 17 subsection (c), the local labor-management-community 18 committee, at a minimum, shall meet all of the following 19 criteria: 20 (1) Be composed of labor, management, and community 21 representatives. 22 (2) Service a distinct and identifiable geographic 23 region. 24 (3) Operate in compliance with the rules set forth 25 by the Department with the advice of the 26 Labor-Management-Community Cooperation Committee. 27 (4) Ensure that its efforts and activities are 28 directed toward enhancing the labor-management-community 29 relationship within the State, region, community, and/or 30 work place. 31 Any local labor-management-community committee meeting 32 these criteria may apply to the Department for an annual 33 matching grant, provided that the local committee contributes 34 at least 25% in matching funds of which no more than 50% HB0708 Enrolled -94- LRB9203186EGfg 1 shall be "in-kind" services. Funds received by a local 2 committee pursuant to this subsection (c) shall be used for 3 the ordinary and operating expenses of the local committee. 4 Eligible committees shall be limited to 3 years of funding 5 under this subsection. With respect to those committees 6 participating in this program prior to enactment of this 7 amendatory Act of 1988 that fail to qualify under paragraph 8 (1) of this subsection (c), previous years' funding shall be 9 counted in determining whether those committees have reached 10 their funding limit under this subsection (c)paragraph (2). 11 (d)To provide 10%Grants to develop and conduct 12 specialized education and training programs of direct benefit 13 to representatives of labor, management, 14 labor-management-community committees and/or their staff. 15 The type of education and training programs to be developed 16 and offered will be determined and prioritized annually by 17 the Department, with the advice of the 18 Labor-Management-Community Cooperation Committee. The 19 Department will develop and issue an annual request for 20 proposals detailing the program specifications. 21 (e)To provide 10%Grants for research and development 22 projects related to labor-management-community or 23 employment-related family issues. The Department, with the 24 advice of the Labor-Management-Community Cooperation 25 Committee, will develop and prioritize annually the type and 26 scope of the research and development projects deemed 27 necessary. 28 (f)(5) To provideGrants of up to a maximum of $5,000 29 to support the planning of regional work, family, and 30 community planning conferences that will be based on specific 31 community concerns. 32 (g)(6) To provideGrants to initiate or support 33 recently created employer-led coalitions to establish pilot 34 projects that promote the understanding of the work and HB0708 Enrolled -95- LRB9203186EGfg 1 family issues and support local workforce dependent care 2 services. 3 (h)(f)The Department is authorized to establish 4 applications and application procedures and promulgate any 5 rules deemed necessary in the administration of the grants. 6 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 7 91-476, eff. 8-11-99; revised 10-20-99.) 8 (20 ILCS 605/605-860) (was 20 ILCS 605/46.32a in part) 9 Sec. 605-860. Office of Work and Family IssuesLabor10Management Corporation. To administer the grant programs 11 created by this Law, the Department shall establish an Office 12 of Work and Family Issues. The purpose of this office shall 13 include, but not be limited to the following: 14 (1) To administer the grant programs, including 15 developing grant applications and requests for proposals, 16 program monitoring, and evaluation. 17 (2) To serve as State liaison with other state, 18 regional, and national organizations devoted to promoting 19 labor-management-community cooperation and 20 employment-related family issues; and to disseminate 21 pertinent information secured through these State, 22 regional, and national affiliations to local 23 labor-management-community committees, the 24 Labor-Management-Community Cooperation Committee, 25 employer coalitions, Illinois Employment and Training 26 Centers, and other interested parties throughout the 27 State. 28 (3) To provide technical assistance to area, 29 industry, or work-site labor-management-community 30 committees as requested. 31 (4) To serve as a clearinghouse for information 32 related to labor-management-community cooperation. 33 (5) To serve as a catalyst to developing and HB0708 Enrolled -96- LRB9203186EGfg 1 strengthening a partnership among local, State, regional, 2 and national organizations and agencies devoted to 3 enhancing labor-management-community cooperation and 4 employment-related family issues. 5 (6) To provide any other programs or services that 6 enhance labor-management-community cooperation or that 7 may promote the adoption of family-friendly workplace 8 practices at companies located within the State of 9 Illinois as determined by the Director with the advice of 10 the Labor-Management-Community Cooperation Committee. 11 (7) To establish an Illinois Work and Family 12 Clearinghouse to disseminate best-practice work and 13 family policies and practices throughout the State, 14 including through the Illinois Employment and Training 15 Centers; to provide and develop a computerized database 16 listing dependent care information and referral services; 17 to help employers by providing information about options 18 for dependent care assistance;,to conduct and compile 19 research on elder care, child care, and other 20 employment-related family issues in Illinois; and to 21 compile and disseminate any other information or services 22 that support the adoption of family-friendly workplace 23 practices at companies located in the State. 24 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 25 91-467, eff. 8-11-99; revised 10-20-99.) 26 (20 ILCS 605/605-940) (was 20 ILCS 605/46.37) 27 Sec. 605-940. Clearing house for local government 28 problems; aid with financial and administrative matters. The 29 Department shall provide for a central clearing house for 30 information concerning local government problems and various 31 solutions to those problems and shall assist and aid local 32 governments of the State in matters relating to budgets, 33 fiscal procedures, and administration. In performing this HB0708 Enrolled -97- LRB9203186EGfg 1 responsibility the Department shall have the power and duty 2 to do the following: 3 (1) Maintain communication with all local 4 governments and assist them, at their request, to improve 5 their administrative procedures and to facilitate 6 improved local government and development. 7 (2) Assemble and disseminate information concerning 8 State and federal programs, grants, gifts, and subsidies 9 available to local governments and to provide counsel and 10 technical services and other assistance in applying for 11 those programs, grants, gifts, and subsidies. 12 (3) Assist in coordinating activities by obtaining 13 information, on forms provided by the Department or by 14 receipt of proposals and applications, concerning State 15 and federal assisted programs, grants, gifts, and 16 subsidies applied for and received by all local 17 governments. 18 (4) Provide direct consultative services to local 19 governments upon request and provide staff services to 20 special commissions, the Governor, or the General 21 Assembly or its committees. 22 (5) Render advice and assistance with respect to 23 the establishment and maintenance of programs for the 24 training of local government officials and other 25 personnel. 26 (6) Act as the official State agency for the 27 receipt and distribution of federal funds that are or may 28 be provided to the State on a flat grant basis for 29 distribution to local governments or in the event federal 30 law requires a State agency to implement programs 31 affecting local governments and for State funds that are 32 or may be provided for the use of local governments 33 unless otherwise provided by law. 34 (7) Administer laws relating to local government HB0708 Enrolled -98- LRB9203186EGfg 1 affairs as the General Assembly may direct. 2 (8) Provide all advice and assistance to improve 3 local government administration, ensure the economical 4 and efficient provision of local government services, and 5 make the Civil Administrative Code of Illinois effective. 6 (9) Give advice and counsel on fiscal problems of 7 local governments of the State to those local 8 governments. 9 (10) Prepare uniform budgetary forms for use by the 10 local governments of the State. 11 (11) Assist and advise the local governments of the 12 State in matters pertaining to budgets, appropriation 13 requests and ordinances, the determination of property 14 tax levies and rates, and other matters of a financial 15 nature. 16 (12) Be a repository for financial reports and 17 statements required by law of local governments of the 18 State, and publish financial summaries of those reports 19 and statements. 20 (13) (Blank). 21 (14) Prepare proposals and advise on the investment 22 of idle local government funds. 23 (15) Administer the program of grants, loans, and 24 loan guarantees under the federal Public Works and 25 Economic Development Act of 1965, 42 U.S.C. 3121 and 26 following, and receive and disburse State and federal 27 funds provided for that program and moneys received as 28 repayments of loans made under the program. 29 (16) After January 1, 1985, upon the request of 30 local governments, prepare and provide model financial 31 statement forms designed to communicate to taxpayers, 32 service consumers, voters, government employees, and news 33 media, in a non-technical manner, all significant 34 financial information regarding a particular local HB0708 Enrolled -99- LRB9203186EGfg 1 government, and to prepare and provide to local 2 governments a summary of local governments' obligations 3 concerning the adoption of an annual operating budget. 4 The summary shall be set forth in a non-technical manner 5 and shall be designed principally for distribution to, 6 and the use of, taxpayers, service consumers, voters, 7 government employees, and news media. 8 (Source: P.A. 91-239, eff. 1-1-00; 91-583, eff. 1-1-00; 9 revised 10-26-99.) 10 Section 16.5. The Illinois Enterprise Zone Act is 11 amended by changing Section 5.3 as follows: 12 (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608) 13 Sec. 5.3. Certification of Enterprise Zones; Effective 14 date. 15 (a) Approval of designated Enterprise Zones shall be 16 made by the Department by certification of the designating 17 ordinance. The Department shall promptly issue a certificate 18 for each Enterprise Zone upon its approval. The certificate 19 shall be signed by the Director of the Department, shall make 20 specific reference to the designating ordinance, which shall 21 be attached thereto, and shall be filed in the office of the 22 Secretary of State. A certified copy of the Enterprise Zone 23 Certificate, or a duplicate original thereof, shall be 24 recorded in the office of recorder of deeds of the county in 25 which the Enterprise Zone lies. 26 (b) An Enterprise Zone shall be effective upon its 27 certification. The Department shall transmit a copy of the 28 certification to the Department of Revenue, and to the 29 designating municipality or county. 30 Upon certification of an Enterprise Zone, the terms and 31 provisions of the designating ordinance shall be in effect, 32 and may not be amended or repealed except in accordance with HB0708 Enrolled -100- LRB9203186EGfg 1 Section 5.4. 2 (c) An Enterprise Zone shall be in effect for 30 3 calendar years, or for a lesser number of years specified in 4 the certified designating ordinance. Enterprise Zones shall 5 terminate at midnight of December 31 of the final calendar 6 year of the certified term, except as provided in Section 7 5.4.In Vermilion County, however, an enterprise zone shall8be in effect for 30 calendar years or for a lesser number of9years specified in the certified designating ordinance.The 10 Whiteside County/Carroll County Enterprise Zone, however, 11 solely with respect to industrial purposes and uses, shall be 12 in effect for 30 calendar years or for a lesser number of 13 years specified in the certified designating ordinance. 14 (d) No more than 12 Enterprise Zones may be certified by 15 the Department in calendar year 1984, no more than 12 16 Enterprise Zones may be certified by the Department in 17 calendar year 1985, no more than 13 Enterprise Zones may be 18 certified by the Department in calendar year 1986, no more 19 than 15 Enterprise Zones may be certified by the Department 20 in calendar year 1987, and no more than 20 Enterprise Zones 21 may be certified by the Department in calendar year 1990. In 22 other calendar years, no more than 13 Enterprise Zones may be 23 certified by the Department. The Department may also 24 designate up to 8 additional Enterprise Zones outside the 25 regular application cycle if warranted by the extreme 26 economic circumstances as determined by the Department. The 27 Department may also designate one additional Enterprise Zone 28 outside the regular application cycle if an aircraft 29 manufacturer agrees to locate an aircraft manufacturing 30 facility in the proposed Enterprise Zone. Notwithstanding 31 any other provision of this Act, no more than 89 Enterprise 32 Zones may be certified by the Department for the 10 calendar 33 years commencing with 1983. The 7 additional Enterprise Zones 34 authorized by Public Act 86-15 shall not lie within HB0708 Enrolled -101- LRB9203186EGfg 1 municipalities or unincorporated areas of counties that abut 2 or are contiguous to Enterprise Zones certified pursuant to 3 this Section prior to June 30, 1989. The 7 additional 4 Enterprise Zones (excluding the additional Enterprise Zone 5 which may be designated outside the regular application 6 cycle) authorized by Public Act 86-1030 shall not lie within 7 municipalities or unincorporated areas of counties that abut 8 or are contiguous to Enterprise Zones certified pursuant to 9 this Section prior to February 28, 1990. In any calendar 10 year, the Department may not certify more than 3 Zones 11 located within the same municipality. The Department may 12 certify Enterprise Zones in each of the 10 calendar years 13 commencing with 1983. The Department may not certify more 14 than a total of 18 Enterprise Zones located within the same 15 county (whether within municipalities or within 16 unincorporated territory) for the 10 calendar years 17 commencing with 1983. Thereafter, the Department may not 18 certify any additional Enterprise Zones, but may amend and 19 rescind certifications of existing Enterprise Zones in 20 accordance with Section 5.4. 21 (e) Notwithstanding any other provision of law, if (i) 22 the county board of any county in which a current military 23 base is located, in part or in whole, or in which a military 24 base that has been closed within 20 years of the effective 25 date of this amendatory Act of 1998 is located, in part or in 26 whole, adopts a designating ordinance in accordance with 27 Section 5 of this Act to designate the military base in that 28 county as an enterprise zone and (ii) the property otherwise 29 meets the qualifications for an enterprise zone as prescribed 30 in Section 4 of this Act, then the Department may certify the 31 designating ordinance or ordinances, as the case may be. 32 (Source: P.A. 90-657, eff. 7-30-98; 91-567, eff. 8-14-99; 33 91-937, eff. 1-11-01; revised 1-15-01.) HB0708 Enrolled -102- LRB9203186EGfg 1 Section 17. The Department of Employment Security Law of 2 the Civil Administrative Code of Illinois is amended by 3 changing Sections 1005-110 and 1005-130 as follows: 4 (20 ILCS 1005/1005-110) (was 20 ILCS 1005/44a) 5 Sec. 1005-110. Board of Review. The Board of Review in 6 the Department shall exercise all powers and be subject to 7 all duties conferred or imposed upon the Board by the 8 provisions of the Unemployment Insurance Act, in its own name 9 and without any direction, supervision, or control by the 10 Director. 11 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 12 revised 8-5-99.) 13 (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14) 14 Sec. 1005-130. Exchange of information for child support 15 enforcement. 16 (a) The Department has the power to exchange with the 17 Illinois Department of Public Aid information that may be 18 necessary for the enforcement of child support orders entered 19 pursuant to the Illinois Public Aid Code, the Illinois 20 Marriage and Dissolution of Marriage Act, the Non-Support of 21 Spouse and Children Act, the Non-Support Punishment Act, the 22 Revised Uniform Reciprocal Enforcement of Support Act, the 23 Uniform Interstate Family Support Act, or the Illinois 24 Parentage Act of 1984. 25 (b) Notwithstanding any provisions in the Civil 26 Administrative Code of Illinois to the contrary, the 27 Department of Employment Security shall not be liable to any 28 person for any disclosure of information to the Illinois 29 Department of Public Aid under subsection (a) or for any 30 other action taken in good faith to comply with the 31 requirements of subsection (a). 32 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; HB0708 Enrolled -103- LRB9203186EGfg 1 91-613, eff. 10-1-99; revised 8-5-99.) 2 Section 18. The Department of Insurance Law of the Civil 3 Administrative Code of Illinois is amended by renumbering 4 Section 56.3 (as added by Public Act 91-406) as follows: 5 (20 ILCS 1405/1405-20) (was 20 ILCS 1405/56.3) 6 Sec. 1405-20.56.3.Investigational cancer treatments; 7 study. 8 (a) The Department of Insurance shall conduct an 9 analysis and study of costs and benefits derived from the 10 implementation of the coverage requirements for 11 investigational cancer treatments established under Section 12 356y of the Illinois Insurance Code. The study shall cover 13 the years 2000, 2001, and 2002. The study shall include an 14 analysis of the effect of the coverage requirements on the 15 cost of insurance and health care, the results of the 16 treatments to patients, the mortality rate among cancer 17 patients, any improvements in care of patients, and any 18 improvements in the quality of life of patients. 19 (b) The Department shall report the results of its study 20 to the General Assembly and the Governor on or before March 21 1, 2003. 22 (Source: P.A. 91-406, eff. 1-1-00; revised 10-18-99.) 23 Section 19. The Department of Professional Regulation 24 Law of the Civil Administrative Code of Illinois is amended 25 by changing Sections 2105-5, 2105-15, 2105-75, 2105-120, and 26 2105-150 and renumbering Section 60p as follows: 27 (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b) 28 Sec. 2105-5. Definitions. 29 (a) In this Law: 30 "Department" means the Department of Professional HB0708 Enrolled -104- LRB9203186EGfg 1 Regulation. 2 "Director" means the Director of Professional Regulation. 3 (b) In the construction of this Section and Sections 42105-10,2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 5 2105-120, 2105-125, 2105-175, and 2105-325, the following 6 definitions shall govern unless the context otherwise clearly 7 indicates: 8 "Board" means the board of persons designated for a 9 profession, trade, or occupation under the provisions of any 10 Act now or hereafter in force whereby the jurisdiction of 11 that profession, trade, or occupation is devolved on the 12 Department. 13 "Certificate" means a license, certificate of 14 registration, permit, or other authority purporting to be 15 issued or conferred by the Department by virtue or authority 16 of which the registrant has or claims the right to engage in 17 a profession, trade, occupation, or operation of which the 18 Department has jurisdiction. 19 "Registrant" means a person who holds or claims to hold a 20 certificate. 21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 22 revised 8-6-99.) 23 (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60) 24 Sec. 2105-15. General powers and duties. 25 (a) The Department has, subject to the provisions of the 26 Civil Administrative Code of Illinois, the following powers 27 and duties: 28 (1) To authorize examinations in English to 29 ascertain the qualifications and fitness of applicants to 30 exercise the profession, trade, or occupation for which 31 the examination is held. 32 (2) To prescribe rules and regulations for a fair 33 and wholly impartial method of examination of candidates HB0708 Enrolled -105- LRB9203186EGfg 1 to exercise the respective professions, trades, or 2 occupations. 3 (3) To pass upon the qualifications of applicants 4 for licenses, certificates, and authorities, whether by 5 examination, by reciprocity, or by endorsement. 6 (4) To prescribe rules and regulations defining, 7 for the respective professions, trades, and occupations, 8 what shall constitute a school, college, or university, 9 or department of a university, or other institution, 10 reputable and in good standing, and to determine the 11 reputability and good standing of a school, college, or 12 university, or department of a university, or other 13 institution, reputable and in good standing, by reference 14 to a compliance with those rules and regulations; 15 provided, that no school, college, or university, or 16 department of a university, or other institution that 17 refuses admittance to applicants solely on account of 18 race, color, creed, sex, or national origin shall be 19 considered reputable and in good standing. 20 (5) To conduct hearings on proceedings to revoke, 21 suspend, refuse to renew, place on probationary status, 22 or take other disciplinary action as authorized in any 23 licensing Act administered by the Department with regard 24 to licenses, certificates, or authorities of persons 25 exercising the respective professions, trades, or 26 occupations and to revoke, suspend, refuse to renew, 27 place on probationary status, or take other disciplinary 28 action as authorized in any licensing Act administered by 29 the Department with regard to those licenses, 30 certificates, or authorities. The Department shall issue 31 a monthly disciplinary report. The Department shall deny 32 any license or renewal authorized by the Civil 33 Administrative Code of Illinois to any person who has 34 defaulted on an educational loan or scholarship provided HB0708 Enrolled -106- LRB9203186EGfg 1 by or guaranteed by the Illinois Student Assistance 2 Commission or any governmental agency of this State; 3 however, the Department may issue a license or renewal if 4 the aforementioned persons have established a 5 satisfactory repayment record as determined by the 6 Illinois Student Assistance Commission or other 7 appropriate governmental agency of this State. 8 Additionally, beginning June 1, 1996, any license issued 9 by the Department may be suspended or revoked if the 10 Department, after the opportunity for a hearing under the 11 appropriate licensing Act, finds that the licensee has 12 failed to make satisfactory repayment to the Illinois 13 Student Assistance Commission for a delinquent or 14 defaulted loan. For the purposes of this Section, 15 "satisfactory repayment record" shall be defined by rule. 16 The Department shall refuse to issue or renew a license 17 to, or shall suspend or revoke a license of, any person 18 who, after receiving notice, fails to comply with a 19 subpoena or warrant relating to a paternity or child 20 support proceeding. However, the Department may issue a 21 license or renewal upon compliance with the subpoena or 22 warrant. 23 The Department, without further process or hearings, 24 shall revoke, suspend, or deny any license or renewal 25 authorized by the Civil Administrative Code of Illinois 26 to a person who is certified by the Illinois Department 27 of Public Aid as being more than 30 days delinquent in 28 complying with a child support order or who is certified 29 by a court as being in violation of the Non-Supportof30 Punishment Act for more than 60 days. The Department 31 may, however, issue a license or renewal if the person 32 has established a satisfactory repayment record as 33 determined by the Illinois Department of Public Aid or if 34 the person is determined by the court to be in compliance HB0708 Enrolled -107- LRB9203186EGfg 1 with the Non-Support Punishment Act. The Department may 2 implement this paragraph as added by Public Act 89-6 3 through the use of emergency rules in accordance with 4 Section 5-45 of the Illinois Administrative Procedure 5 Act. For purposes of the Illinois Administrative 6 Procedure Act, the adoption of rules to implement this 7 paragraph shall be considered an emergency and necessary 8 for the public interest, safety, and welfare. 9 (6) To transfer jurisdiction of any realty under 10 the control of the Department to any other department of 11 the State Government or to acquire or accept federal 12 lands when the transfer, acquisition, or acceptance is 13 advantageous to the State and is approved in writing by 14 the Governor. 15 (7) To formulate rules and regulations necessary 16 for the enforcement of any Act administered by the 17 Department. 18 (8) To exchange with the Illinois Department of 19 Public Aid information that may be necessary for the 20 enforcement of child support orders entered pursuant to 21 the Illinois Public Aid Code, the Illinois Marriage and 22 Dissolution of Marriage Act, the Non-Support of Spouse 23 and Children Act, the Non-Support Punishment Act, the 24 Revised Uniform Reciprocal Enforcement of Support Act, 25 the Uniform Interstate Family Support Act, or the 26 Illinois Parentage Act of 1984. Notwithstanding any 27 provisions in this Code to the contrary, the Department 28 of Professional Regulation shall not be liable under any 29 federal or State law to any person for any disclosure of 30 information to the Illinois Department of Public Aid 31 under this paragraph (8) or for any other action taken in 32 good faith to comply with the requirements of this 33 paragraph (8). 34 (9) To perform other duties prescribed by law. HB0708 Enrolled -108- LRB9203186EGfg 1 (b) The Department may, when a fee is payable to the 2 Department for a wall certificate of registration provided by 3 the Department of Central Management Services, require that 4 portion of the payment for printing and distribution costs be 5 made directly or through the Department to the Department of 6 Central Management Services for deposit into the Paper and 7 Printing Revolving Fund. The remainder shall be deposited 8 into the General Revenue Fund. 9 (c) For the purpose of securing and preparing evidence, 10 and for the purchase of controlled substances, professional 11 services, and equipment necessary for enforcement activities, 12 recoupment of investigative costs, and other activities 13 directed at suppressing the misuse and abuse of controlled 14 substances, including those activities set forth in Sections 15 504 and 508 of the Illinois Controlled Substances Act, the 16 Director and agents appointed and authorized by the Director 17 may expend sums from the Professional Regulation Evidence 18 Fund that the Director deems necessary from the amounts 19 appropriated for that purpose. Those sums may be advanced to 20 the agent when the Director deems that procedure to be in the 21 public interest. Sums for the purchase of controlled 22 substances, professional services, and equipment necessary 23 for enforcement activities and other activities as set forth 24 in this Section shall be advanced to the agent who is to make 25 the purchase from the Professional Regulation Evidence Fund 26 on vouchers signed by the Director. The Director and those 27 agents are authorized to maintain one or more commercial 28 checking accounts with any State banking corporation or 29 corporations organized under or subject to the Illinois 30 Banking Act for the deposit and withdrawal of moneys to be 31 used for the purposes set forth in this Section; provided, 32 that no check may be written nor any withdrawal made from any 33 such account except upon the written signatures of 2 persons 34 designated by the Director to write those checks and make HB0708 Enrolled -109- LRB9203186EGfg 1 those withdrawals. Vouchers for those expenditures must be 2 signed by the Director. All such expenditures shall be 3 audited by the Director, and the audit shall be submitted to 4 the Department of Central Management Services for approval. 5 (d) Whenever the Department is authorized or required by 6 law to consider some aspect of criminal history record 7 information for the purpose of carrying out its statutory 8 powers and responsibilities, then, upon request and payment 9 of fees in conformance with the requirements of Section 10 2605-400 of the Department of State Police Law (20 ILCS 11 2605/2605-400), the Department of State Police is authorized 12 to furnish, pursuant to positive identification, the 13 information contained in State files that is necessary to 14 fulfill the request. 15 (e) The provisions of this Section do not apply to 16 private business and vocational schools as defined by Section 17 1 of the Private Business and Vocational Schools Act. 18 (f) Beginning July 1, 1995, this Section does not apply 19 to those professions, trades, and occupations licensed under 20 the Real Estate License Act of 2000, nor does it apply to any 21 permits, certificates, or other authorizations to do business 22 provided for in the Land Sales Registration Act of 1989 or 23 the Illinois Real Estate Time-Share Act. 24 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; 25 91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised 26 9-29-99.) 27 (20 ILCS 2105/2105-30) (was 20 ILCS 2105/60p) 28 Sec. 2105-30.60p.License forms; notification of abuse. 29 Beginning January 1, 2000, each license or permit application 30 or renewal form the Department provides to a person who is 31 required by law to report child abuse or elder abuse must 32 include a notification that the applicant or licensee is 33 required by law to report that abuse and must include HB0708 Enrolled -110- LRB9203186EGfg 1 telephone numbers the licensee may call to report the abuse. 2 (Source: P.A. 91-244, eff. 1-1-00; revised 11-3-99.) 3 (20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f) 4 Sec. 2105-75. Design Professionals Dedicated Employees. 5 There are established within the Department certain design 6 professionals dedicated employees. These employees shall be 7 devoted exclusively to the administration and enforcement of 8 the Illinois Architecture Practice Act, the Illinois 9 Professional Land Surveyor Act of 1989, the Professional 10 Engineering Practice Act of 1989, and the Structural 11 Engineering Practice Act of 1989. The design professionals 12 dedicated employees that the Director shall employ, in 13 conformity with the Personnel Code, at a minimum shall 14 consist of one full-time design licensing Coordinator, one 15 full-time Assistant Coordinator, 4 full-time licensing 16 clerks, one full-time attorney, and 2 full-time 17 investigators. These employees shall work exclusively in the 18 licensing and enforcement of the design profession Acts set 19 forth in this Section and shall not be used for the licensing 20 and enforcement of any other Act or other duties in the 21 Department. 22 (Source: P.A. 91-91, eff. 7-9-99; 91-239, eff. 1-1-00; 23 91-357, eff. 7-29-99; revised 8-6-99.) 24 (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g) 25 Sec. 2105-120. Board's report; registrant's motion for 26 rehearing. 27 (a) The board shall present to the Director its written 28 report of its findings and recommendations. A copy of the 29 report shall be served upon the registrant, either personally 30 or by registered mail as provided in Section 2105-10060cfor 31 the service of the citation. 32 (b) Within 20 days after the service required under HB0708 Enrolled -111- LRB9203186EGfg 1 subsection (a), the registrant may present to the Department 2 a motion in writing for a rehearing. The written motion 3 shall specify the particular grounds for a rehearing. If the 4 registrant orders and pays for a transcript of the record as 5 provided in Section 2105-11560f, the time elapsing 6 thereafter and before the transcript is ready for delivery to 7 the registrant shall not be counted as part of the 20 days. 8 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 9 revised 8-6-99.) 10 (20 ILCS 2105/2105-150) (was 20 ILCS 2105/60m) 11 Sec. 2105-150. Violations of Medical Practice Act. 12 Notwithstanding any of the provisions of Section 2105-5, 13 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, 14 2105-125, 2105-175, 2105-200, or 2105-32560a, 60d, 60g,of 15 this Law, for violations of Section 22 of the Medical 16 Practice Act of 1987, the Department shall suspend, revoke, 17 place on probationary status, or take other disciplinary 18 action as it deems proper with regard to licenses issued 19 under that Act only in accordance with Sections 7 and 36 20 through 46 of that Act. 21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 22 revised 8-6-99.) 23 Section 20. The Department of Public Health Powers and 24 Duties Law of the Civil Administrative Code of Illinois is 25 amended by changing Sections 2310-205, 2310-350, 2310-370, 26 2310-397, and 2310-430 and renumbering Sections 55.56a, 27 55.58a, 55.75a, 55.95, and multiple versions of Section 55.91 28 as follows: 29 (20 ILCS 2310/2310-205) (was 20 ILCS 2310/55.57) 30 Sec. 2310-205. Community health centers. From 31 appropriations from the Community Health Center Care Fund, a HB0708 Enrolled -112- LRB9203186EGfg 1 special fund in the State treasury which is hereby created, 2 the Department shall provide financial assistance (i)(a)to 3 migrant health centers and community health centers 4 established pursuant to Sections 329 or 330 of the federal 5 Public Health Service Act or that meet the standards 6 contained in either of those Sections and (ii) for the 7 purpose of establishing new migrant health centers or 8 community health centers in areas of need. 9 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 10 revised 8-6-99.) 11 (20 ILCS 2310/2310-227) (was 20 ILCS 2310/55.58a) 12 Sec. 2310-227.55.58a.Study; nurse assistant incentive 13 program. The Department, in cooperation with the Illinois 14 Health Care Association, Life Services Network of Illinois, 15 the Illinois Council on Long Term Care, the County Nursing 16 Home Association, organized labor, the Illinois Community 17 College Board, the Southern Illinois University at Carbondale 18 Department of Workforce Education, the Illinois State Board 19 of Education, and the Department on Aging Ombudsman Program, 20 shall undertake a study to determine what incentives might be 21 necessary to attract and retain nurse assistants to work in 22 Illinois long-term care facilities. Based on any available 23 research and the experience of other states and the private 24 sector, a variety of incentive programs shall be examined for 25 their feasibility and possible development and implementation 26 in Illinois. Based upon the results of the study, the 27 Department shall implement a nurse assistant incentive 28 program no later than January 1, 2001, subject to available 29 appropriations. 30 (Source: P.A. 91-574, eff. 8-14-99; revised 10-25-99.) 31 (20 ILCS 2310/2310-322) (was 20 ILCS 2310/55.56a) 32 Sec. 2310-322.55.56a.AIDS awareness; senior citizens. HB0708 Enrolled -113- LRB9203186EGfg 1 The Department must include within its public health 2 promotion programs and materials information targeted to 3 persons 50 years of age and more concerning the dangers of 4 HIV and AIDS and sexually transmitted diseases. 5 (Source: P.A. 91-106, eff. 1-1-00; revised 8-6-99.) 6 (20 ILCS 2310/2310-337) (was 20 ILCS 2310/55.95) 7 Sec. 2310-337.55.95.Asthma information. 8 (a) The Department of Public Health, in conjunction with 9 representatives of State and community based agencies 10 involved with asthma, shall develop and implement an asthma 11 information program targeted at population groups in Illinois 12 with high risk of suffering from asthma, including but not 13 limited to the following: 14 (1) African Americans. 15 (2) Hispanics. 16 (3) The elderly. 17 (4) Children. 18 (5) Those exposed to environmental factors 19 associated with high risk of asthma. 20 (6) Those with a family history of asthma. 21 (7) Those with allergies. 22 (b) The Department's asthma information program shall 23 include but need not be limited to information about: 24 (1) The causes and prevention of asthma. 25 (2) The types of treatment for asthma. 26 (3) The availability of treatment for asthma. 27 (4) Possible funding sources for treatment of 28 asthma. 29 (c) The Department shall report to the General Assembly 30 by January 1, 2000 upon its development and implementation of 31 the asthma information program. 32 (Source: P.A. 91-515, eff. 8-13-99; revised 10-21-99.) HB0708 Enrolled -114- LRB9203186EGfg 1 (20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70) 2 Sec. 2310-350. Penny Severns Breast and Cervical Cancer 3 Research Fund. From funds appropriated from the Penny 4 Severns Breast and Cervical Cancer Research Fund, the 5 Department shall award grants to eligible physicians, 6 hospitals, laboratories, education institutions, and other 7 organizations and persons to enable organizations and persons 8 to conduct research. For the purposes of this Section, 9 "research" includes, but is not limited to, expenditures to 10 develop and advance the understanding, techniques, and 11 modalities effective in early detection, prevention, cure, 12 screening, and treatment of breast and cervical cancer and 13 may include clinical trials. 14 Moneys received for the purposes of this Section, 15 including but not limited to income tax checkoff receipts and 16 gifts, grants, and awards from private foundations, nonprofit 17 organizations, other governmental entities, and persons shall 18 be deposited into the Penny Severns Breast and Cervical 19 Cancer Research Fund, which is hereby created as a special 20 fund in the State treasury. 21 The Department shall create an advisory committee with 22 members from, but not limited to, the Illinois Chapter of the 23 American Cancer Society, Y-Me, the Susan G. Komen Foundation, 24 and the State Board of Health for the purpose of awarding 25 research grants under this Section. Members of the advisory 26 committee shall not be eligible for any financial 27 compensation or reimbursement. 28 (Source: P.A. 91-107, eff. 7-13-99; 91-239, eff. 1-1-00; 29 revised 8-6-99.) 30 (20 ILCS 2310/2310-351) (was 20 ILCS 2310/55.91) 31 Sec. 2310-351.55.91.Ovarian cancer; Cancer Information 32 Service. The Department of Public Health, in cooperation 33 with the Cancer Information Service, shall promote the HB0708 Enrolled -115- LRB9203186EGfg 1 services of the Cancer Information Service in relation to 2 ovarian cancer. 3 (Source: P.A. 91-108, eff. 7-13-99; revised 8-6-99.) 4 (20 ILCS 2310/2310-370) (was 20 ILCS 2310/55.76) 5 Sec. 2310-370. Heart Disease Treatment and Prevention 6 Fund; grants. From funds appropriated from the Heart Disease 7 Treatment and Prevention Fund, a special fund created in the 8 State treasury, the Department shall make grants to public 9 and private agencies for the purposes of funding (i) research 10 into causes, prevention, and treatment of heart disease and 11 (ii) public education relating to treatment and prevention of 12 heart disease within the State of Illinois. 13 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 14 revised 8-6-99.) 15 (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90) 16 Sec. 2310-397. Prostate and testicular cancer program. 17 (a) The Department, subject to appropriation or other 18 available funding, shall conduct a program to promote 19 awareness and early detection of prostate and testicular 20 cancer. The program may include, but need not be limited to: 21 (1) Dissemination of information regarding the 22 incidence of prostate and testicular cancer, the risk 23 factors associated with prostate and testicular cancer, 24 and the benefits of early detection and treatment. 25 (2) Promotion of information and counseling about 26 treatment options. 27 (3) Establishment and promotion of referral 28 services and screening programs. 29 (b) Subject to appropriation or other available funding, 30 a Prostate Cancer Screening Program shall be established in 31 the Department of Public Health. 32 (1) The Program shall apply to the following persons HB0708 Enrolled -116- LRB9203186EGfg 1 and entities: 2 (A) uninsured and underinsured men 50 years of 3 age and older; 4 (B) uninsured and underinsured men between 40 5 and 50 years of age who are at high risk for 6 prostate cancer, upon the advice of a physician or 7 upon the request of the patient; and 8 (C) non-profit organizations providing 9 assistance to persons described in subparagraphs (A) 10 and (B). 11 (2) Any entity funded by the Program shall 12 coordinate with other local providers of prostate cancer 13 screening, diagnostic, follow-up, education, and advocacy 14 services to avoid duplication of effort. Any entity 15 funded by the Program shall comply with any applicable 16 State and federal standards regarding prostate cancer 17 screening. 18 (3) Administrative costs of the Department shall 19 not exceed 10% of the funds allocated to the Program. 20 Indirect costs of the entities funded by this Program 21 shall not exceed 12%. The Department shall define 22 "indirect costs" in accordance with applicable State and 23 federal law. 24 (4) Any entity funded by the Program shall collect 25 data and maintain records that are determined by the 26 Department to be necessary to facilitate the Department's 27 ability to monitor and evaluate the effectiveness of the 28 entities and the Program. Commencing with the Program's 29 second year of operation, the Department shall submit an 30 Annual Report to the General Assembly and the Governor. 31 The report shall describe the activities and 32 effectiveness of the Program and shall include, but not 33 be limited to, the following types of information 34 regarding those served by the Program: HB0708 Enrolled -117- LRB9203186EGfg 1 (A) the number; 2 (B) the ethnic, geographic, and age breakdown; 3 (C) the stages of presentation; and 4 (D) the diagnostic and treatment status. 5 (5) The Department or any entity funded by the 6 Program shall collect personal and medical information 7 necessary to administer the Program from any individual 8 applying for services under the Program. The 9 information shall be confidential and shall not be 10 disclosed other than for purposes directly connected with 11 the administration of the Program or except as otherwise 12 provided by law or pursuant to prior written consent of 13 the subject of the information. 14 (6) The Department or any entity funded by the 15 program may disclose the confidential information to 16 medical personnel and fiscal intermediaries of the State 17 to the extent necessary to administer the Program, and to 18 other State public health agencies or medical researchers 19 if the confidential information is necessary to carry out 20 the duties of those agencies or researchers in the 21 investigation, control, or surveillance of prostate 22 cancer. 23 (c) The Department shall adopt rules to implement the 24 Prostate Cancer Screening Program in accordance with the 25 Illinois Administrative Procedure Act. 26 (Source: P.A. 90-599, eff. 1-1-99; 91-109, eff. 1-1-00; 27 91-239, eff. 1-1-00; revised 8-6-99.) 28 (20 ILCS 2310/2310-398) (was 20 ILCS 2310/55.91) 29 Sec. 2310-398.55.91.Prostate Cancer Research Fund; 30 grants. From funds appropriated from the Prostate Cancer 31 Research Fund, a special fund created in the State treasury, 32 the Department of Public Health shall make grants to public 33 or private entities in Illinois, which may include the Lurie HB0708 Enrolled -118- LRB9203186EGfg 1 Comprehensive Cancer Center at the Northwestern University 2 Medical School and the Kellogg Cancer Care Center at 3 Evanston/Glenbrook Hospitals, for the purpose of funding 4 research applicable to prostate cancer patients. The grant 5 funds may not be used for institutional overhead costs, 6 indirect costs, other organizational levies, or costs of 7 community-based support services. 8 (Source: P.A. 91-104, eff. 7-13-99; revised 8-6-99.) 9 (20 ILCS 2310/2310-430) (was 20 ILCS 2310/55.69) 10 Sec. 2310-430. Women's health issues. 11 (a) The Department shall designate a member of its staff 12 to handle women's health issues not currently or adequately 13 addressed by the Department. 14 (b) The staff person's duties shall include, without 15 limitation: 16 (1) Assisting in the assessment of the health needs 17 of women in the State. 18 (2) Recommending treatment methods and programs 19 that are sensitive and relevant to the unique 20 characteristics of women. 21 (3) Promoting awareness of women's health concerns 22 and encouraging, promoting, and aiding in the 23 establishment of women's services. 24 (4) Providing adequate and effective opportunities 25 for women to express their views on Departmental policy 26 development and program implementation. 27 (5) Providing information to the members of the 28 public, patients, and health care providers regarding 29 women's gynecological cancers, including but not limited 30 to the signs and symptoms, risk factors, the benefits of 31 early detection through appropriate diagnostic testing, 32 and treatment options. 33 (6) Publishing the health care summary required HB0708 Enrolled -119- LRB9203186EGfg 1 under Section 2310-42555.66of this Act. 2 (c) The information provided under item (5) of 3 subsection (b) of this Section may include, but is not 4 limited to, the following: 5 (1) Educational and informational materials in 6 print, audio, video, electronic, or other media. 7 (2) Public service announcements and 8 advertisements. 9 (3) The health care summary required under Section 10 2310-42555.66of this Act. 11 The Department may develop or contract with others to 12 develop, as the Director deems appropriate, the materials 13 described in this subsection (c) or may survey available 14 publications from, among other sources, the National Cancer 15 Institute and the American Cancer Society. The staff person 16 designated under this Section shall collect the materials, 17 formulate a distribution plan, and disseminate the materials 18 according to the plan. These materials shall be made 19 available to the public free of charge. 20 In exercising its powers under this subsection (c), the 21 Department shall consult with appropriate health care 22 professionals and providers, patients, and organizations 23 representing health care professionals and providers and 24 patients. 25 (Source: P.A. 91-106, eff. 1-1-00; 91-239, eff. 1-1-00; 26 revised 8-6-99.) 27 (20 ILCS 2310/2310-537) (was 20 ILCS 2310/55.75a) 28 Sec. 2310-537.55.75a.Review of inspection programs. 29 The Department of Public Health shall, utilizing the 30 expertise and membership of the Hospital Licensing Board 31 created pursuant to Section 10 of the Hospital Licensing Act, 32 conduct a review of the hospital inspection programs of the 33 Department under the Hospital Licensing Act and any other HB0708 Enrolled -120- LRB9203186EGfg 1 hospital program operated by the Department. The required 2 review should include (i) a study of the basis for, and 3 establishment of, standards by the various entities who 4 regulate hospitals; (ii) the survey activities of any other 5 public or private agency inspecting hospitals; and (iii) the 6 interpretation and application of the adopted standards by 7 each of the entities. 8 The Department shall issue a report of the review and any 9 recommendations regarding the feasibility of development of a 10 consolidated or consistent set of regulations among the 11 various entities. The Department shall seek the input and 12 participation of the various federal and private 13 organizations that establish standards for hospitals. A 14 report shall be issued to the Governor and the General 15 Assembly by July 1, 2000. 16 (Source: P.A. 91-154, eff. 7-16-99; revised 8-6-99.) 17 Section 21. The Disabled Persons Rehabilitation Act is 18 amended by changing Section 12a as follows: 19 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a) 20 Sec. 12a. Centers for independent living. 21 (a) Purpose. Recognizing that persons with significant 22 disabilities deserve a high quality of life within their 23 communities regardless of their disabilities, the Department, 24 working with the Statewide Independent Living Council, shall 25 develop a State plan for submission on an annual basis to the 26 Commissioner. The Department shall adopt rules for 27 implementing the State plan in accordance with the federal 28 Act, including rules adopted under the federal Act governing 29 the award of grants. 30 (b) Definitions. As used in this Section, unless the 31 context clearly requires otherwise: 32 "Federal Act" means the federal Rehabilitation Act of HB0708 Enrolled -121- LRB9203186EGfg 1 1973, as amended. 2 "Center for independent living" means a consumer 3 controlled, community based, cross-disability, 4 non-residential, private non-profit agency that is designated 5 and operated within a local community by individuals with 6 disabilities and provides an array of independent living 7 services. 8 "Consumer controlled" means that the center for 9 independent living vests power and authority in individuals 10 with disabilities and that at least 51% of the directors of 11 the center are persons with one or more disabilities as 12 defined by this Act. 13 "Commissioner" means the Commissioner of the 14 Rehabilitation Services Administration in the United States 15 Department of Education. 16 "Council" means the Statewide Independent Living Council 17 appointed under subsection (d). 18 "Individual with a disability" means any individual who 19 has a physical or mental impairment that substantially limits 20 a major life activity, has a record of such an impairment, or 21 is regarded as having such an impairment. 22 "Individual with a significant disability" means an 23 individual with a significant physical or mental impairment, 24 whose ability to function independently in the family or 25 community or whose ability to obtain, maintain, or advance in 26 employment is substantially limited and for whom the delivery 27 of independent living services will improve the ability to 28 function, continue functioning, or move toward functioning 29 independently in the family or community or to continue in 30 employment. 31 "State plan" means the materials submitted by the 32 Department to the Commissioner on an annual basis that 33 contain the State's proposal for: 34 (1) The provision of statewide independent living HB0708 Enrolled -122- LRB9203186EGfg 1 services. 2 (2) The development and support of a statewide 3 network of centers for independent living. 4 (3) Working relationships between (i) programs 5 providing independent living services and independent 6 living centers and (ii) the vocational rehabilitation 7 program administered by the Department under the federal 8 Act and other programs providing services for individuals 9 with disabilities. 10 (c) Authority. The unit of the Department headed by the 11 vocational rehabilitation administrator shall be designated 12 the State unit under Title VII of the federal Act and shall 13 have the following responsibilities: 14 (1) To receive, account for, and disburse funds 15 received by the State under the federal Act based on the 16 State plan. 17 (2) To provide administrative support services to 18 centers for independent living programs. 19 (3) To keep records, and take such actions with 20 respect to those records, as the Commissioner finds to be 21 necessary with respect to the programs. 22 (4) To submit additional information or provide 23 assurances the Commissioner may require with respect to 24 the programs. 25 The vocational rehabilitation administrator and the 26 Chairperson of the Council are responsible for jointly 27 developing and signing the State plan required by Section 704 28 of the federal Act. The State plan shall conform to the 29 requirements of Section 704 of the federal Act. 30 (d) Statewide Independent Living Council. 31 The Governor shall appoint a Statewide Independent Living 32 Council, comprised of 18 members, which shall be established 33 as an entity separate and distinct from the Department. The 34 composition of the Council shall include the following: HB0708 Enrolled -123- LRB9203186EGfg 1 (1) At least one director of a center for 2 independent living chosen by the directors of centers for 3 independent living within the State. 4 (2) A representative from the unit of the 5 Department of Human Services responsible for the 6 administration of the vocational rehabilitation program 7 and a representative from another unit in the Department 8 of Human Services that provides services for individuals 9 with disabilities and a representative each from the 10 Department on Aging, the State Board of Education, and 11 the Department of Children and Family Services, all as 12 ex-officio, non-voting members who shall not be counted 13 in the 18 members appointed by the Governor. 14 In addition, the Council may include the following: 15 (A) One or more representatives of centers for 16 independent living. 17 (B) One or more parents or guardians of individuals 18 with disabilities. 19 (C) One or more advocates for individuals with 20 disabilities. 21 (D) One or more representatives of private 22 business. 23 (E) One or more representatives of organizations 24 that provide services for individuals with disabilities. 25 (F) Other appropriate individuals. 26 After soliciting recommendations from organizations 27 representing a broad range of individuals with disabilities 28 and organizations interested in individuals with 29 disabilities, the Governor shall appoint members of the 30 Council for terms beginning July 1, 1993. The Council shall 31 be composed of members (i) who provide statewide 32 representation; (ii) who represent a broad range of 33 individuals with disabilities from diverse backgrounds; (iii) 34 who are knowledgeable about centers for independent living HB0708 Enrolled -124- LRB9203186EGfg 1 and independent living services; and (iv) a majority of whom 2 are persons who are individuals with disabilities and are not 3 employed by any State agency or center for independent 4 living. 5 The council shall elect a chairperson from among its 6 voting membership. 7 Each member of the Council shall serve for terms of 3 8 years, except that (i) a member appointed to fill a vacancy 9 occurring before the expiration of the term for which the 10 predecessor was appointed shall be appointed for the 11 remainder of that term and (ii) terms of the members 12 initially appointed after the effective date of this 13 amendatory Act of 1993 shall be as follows: 6 of the initial 14 members shall be appointed for terms of one year, 6 shall be 15 appointed for terms of 2 years, and 6 shall be appointed for 16 terms of 3 years. No member of the council may serve more 17 than 2 consecutive full terms. 18 Appointments to fill vacancies in unexpired terms and new 19 terms shall be filled by the Governor or by the Council if 20 the Governor delegates that power to the Council by executive 21 order. The vacancy shall not affect the power of the 22 remaining members to execute the powers and duties of the 23 Council. The Council shall have the duties enumerated in 24 subsections (c), (d), and (e) of Section 705 of the federal 25 Act. 26 Members shall be reimbursed for their actual expenses 27 incurred in the performance of their duties, including 28 expenses for travel, child care, and personal assistance 29 services, and a member who is not employed or who must 30 forfeit wages from other employment shall be paid reasonable 31 compensation for each day the member is engaged in performing 32 the duties of the Council. The reimbursement or compensation 33 shall be paid from moneys made available to the Department 34 under Part B of Title VII of the federal Act. HB0708 Enrolled -125- LRB9203186EGfg 1 In addition to the powers and duties granted to advisory 2 boards by Section 5-505 of the Departments of State 3 Government Law (20 ILCS 5/5-505), the Council shall have the 4 authority to appoint jointly with the vocational 5 rehabilitation administrator a peer review committee to 6 consider and make recommendations for grants to eligible 7 centers for independent living. 8 (e) Grants to centers for independent living. Each 9 center for independent living that receives assistance from 10 the Department under this Section shall comply with the 11 standards and provide and comply with the assurances that are 12 set forth in the State plan and consistent with Section 725 13 of the federal Act. Each center for independent living 14 receiving financial assistance from the Department shall 15 provide satisfactory assurances at the time and in the manner 16 the vocational rehabilitation administrator requires. 17 Beginning October 1, 1994, the vocational rehabilitation 18 administrator may award grants to any eligible center for 19 independent living that is receiving funds under Title VII of 20 the federal Act, unless the vocational rehabilitation 21 administrator makes a finding that the center for independent 22 living fails to comply with the standards and assurances set 23 forth in Section 725 of the federal Act. 24 If there is no center for independent living serving a 25 region of the State or the region is underserved, and the 26 State receives a federal increase in its allotment sufficient 27 to support one or more additional centers for independent 28 living in the State, the vocational rehabilitation 29 administrator may award a grant under this subsection to one 30 or more eligible agencies, consistent with the provisions of 31 the State plan setting forth the design of the State for 32 establishing a statewide network for centers for independent 33 living. 34 In selecting from among eligible agencies in awarding a HB0708 Enrolled -126- LRB9203186EGfg 1 grant under this subsection for a new center for independent 2 living, the vocational rehabilitation administrator and the 3 chairperson of (or other individual designated by) the 4 Council acting on behalf of and at the direction of the 5 Council shall jointly appoint a peer review committee that 6 shall rank applications in accordance with the standards and 7 assurances set forth in Section 725 of the federal Act and 8 criteria jointly established by the vocational rehabilitation 9 administrator and the chairperson or designated individual. 10 The peer review committee shall consider the ability of the 11 applicant to operate a center for independent living and 12 shall recommend an applicant to receive a grant under this 13 subsection based on the following: 14 (1) Evidence of the need for a center for 15 independent living, consistent with the State plan. 16 (2) Any past performance of the applicant in 17 providing services comparable to independent living 18 services. 19 (3) The applicant's plan for complying with, or 20 demonstrated success in complying with, the standards and 21 assurances set forth in Section 725 of the federal Act. 22 (4) The quality of key personnel of the applicant 23 and the involvement of individuals with significant 24 disabilities by the applicant. 25 (5) The budgets and cost effectiveness of the 26 applicant. 27 (6) The evaluation plan of the applicant. 28 (7) The ability of the applicant to carry out the 29 plan. 30 The vocational rehabilitation administrator shall award 31 the grant on the basis of the recommendation of the peer 32 review committee if the actions of the committee are 33 consistent with federal and State law. 34 (f) Evaluation and review. The vocational HB0708 Enrolled -127- LRB9203186EGfg 1 rehabilitation administrator shall periodically review each 2 center for independent living that receives funds from the 3 Department under Title VII of the federal Act, or moneys 4 appropriated from the General Revenue Fund, to determine 5 whether the center is in compliance with the standards and 6 assurances set forth in Section 725 of the federal Act. If 7 the vocational rehabilitation administrator determines that 8 any center receiving those federal or State funds is not in 9 compliance with the standards and assurances set forth in 10 Section 725, the vocational rehabilitation administrator 11 shall immediately notify the center that it is out of 12 compliance. The vocational rehabilitation administrator 13 shall terminate all funds to that center 90 days after the 14 date of notification or, in the case of a center that 15 requests an appeal, the date of any final decision, unless 16 the center submits a plan to achieve compliance within 90 17 days and that plan is approved by the vocational 18 rehabilitation administrator or (if on appeal) by the 19 Commissioner. 20 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 21 90-372, eff. 7-1-98; 90-453, eff. 8-16-97; 91-239, eff. 22 1-1-00; 91-540, eff. 8-13-99; revised 10-25-99.) 23 Section 22. The Department of Revenue Law of the Civil 24 Administrative Code of Illinois is amended by changing 25 Section 2505-65 as follows: 26 (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12) 27 Sec. 2505-65. Exchange of information. 28 (a) The Department has the power to exchange with any 29 state, with any local subdivisions of any state, or with the 30 federal government, except when specifically prohibited by 31 law, any information that may be necessary to efficient tax 32 administration and that may be acquired as a result of the HB0708 Enrolled -128- LRB9203186EGfg 1 administration of the laws set forth in the Sections 2 following Section 95-10 and preceding Section 2505-60. 3 (b) The Department has the power to exchange with the 4 Illinois Department of Public Aid information that may be 5 necessary for the enforcement of child support orders entered 6 pursuant to the Illinois Public Aid Code, the Illinois 7 Marriage and Dissolution of Marriage Act, the Non-Support of 8 Spouse and Children Act, the Non-Support Punishment Act, the 9 Revised Uniform Reciprocal Enforcement of Support Act, the 10 Uniform Interstate Family Support Act, or the Illinois 11 Parentage Act of 1984. Notwithstanding any provisions in this 12 Code to the contrary, the Department of Revenue shall not be 13 liable to any person for any disclosure of information to the 14 Illinois Department of Public Aid under this subsection (b) 15 or for any other action taken in good faith to comply with 16 the requirements of this subsection (b). 17 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; 18 91-613, eff. 10-1-99; revised 8-5-99.) 19 Section 23. The Department of State Police Law of the 20 Civil Administrative Code of Illinois is amended by changing 21 and resectioning material added to Section 55a as follows: 22 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part) 23 Sec. 2605-302. Arrest reports. 24 (a)5.5. Provide,When an individual is arrested,that25 the following information must be made available to the news 26 media for inspection and copying: 27 (1)(a)Information that identifies the individual 28person, including the name, age, address, and photograph, 29 when and if available. 30 (2)(b)Information detailing any charges relating 31 to the arrest. 32 (3)(c)The time and location of the arrest. HB0708 Enrolled -129- LRB9203186EGfg 1 (4)(d)The name of the investigating or arresting 2 law enforcement agency. 3 (5)(e)If the individual is incarcerated, the 4 amount of any bail or bond. 5 (6)(f)If the individual is incarcerated, the time 6 and date that the individual was received, discharged, or 7 transferred from the arresting agency's custody. 8 (b)(1)The information required by this Section 9paragraphmust be made available to the news media for 10 inspection and copying as soon as practicable, but in no 11 event shall the time period exceed 72 hours from the arrest. 12 The information described in items (3), (4), (5), and (6) of 13 subsection (a)subparagraphs (c), (d), (e), and (f) of this14paragraph, however, may be withheld if it is determined that 15 disclosure would (i) interfere with pending or actually and 16 reasonably contemplated law enforcement proceedings conducted 17 by any law enforcement or correctional agency; (ii) endanger 18 the life or physical safety of law enforcement or 19 correctional personnel or any other person; or (iii) 20 compromise the security of any correctional facility. 21 (c)(2)For the purposes of this Sectionparagraph, the 22 term "news media" means personnel of a newspaper or other 23 periodical issued at regular intervals, a news service, a 24 radio station, a television station, a community antenna 25 television service, or a person or corporation engaged in 26 making news reels or other motion picture news for public 27 showing. 28 (d)(3)Each law enforcement or correctional agency may 29 charge fees for arrest records, but in no instance may the 30 fee exceed the actual cost of copying and reproduction. The 31 fees may not include the cost of the labor used to reproduce 32 the arrest record. 33 (e)(4)The provisions of this Sectionparagraphdo not 34 supersede the confidentiality provisions for arrest records HB0708 Enrolled -130- LRB9203186EGfg 1 of the Juvenile Court Act of 1987. 2 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 3 (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part) 4 Sec. 2605-330. Firefighter background investigations. 537.Upon the request of the chief of a volunteer fire 6 department, the Department shall conduct criminal background 7 investigations of prospective firefighters and report to the 8 requesting chief any record of convictions maintained in the 9 Department's files about those persons. The Department may 10 charge a fee, based on actual costs, for the dissemination of 11 conviction information under this Sectionparagraph. The 12 Department may prescribe the form and manner for requesting 13 and furnishing conviction information under this Section 14paragraph. 15 (Source: P.A. 91-371, eff. 1-1-00; revised 11-3-99.) 16 (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part) 17 Sec. 2605-475. Wireless Emergency Telephone Safety Act. 1837.To exercise the powers and perform the duties 19 specifically assigned to the Department under the Wireless 20 Emergency Telephone Safety Act with respect to the 21 development and improvement of emergency communications 22 procedures and facilities in such a manner as to facilitate a 23 quick response to any person calling the number "9-1-1" 24 seeking police, fire, medical, or other emergency services 25 through a wireless carrier as defined in Section 10 of the 26 Wireless Emergency Telephone Safety Act. Nothing in the 27 Wireless Emergency Telephone Safety Act shall require the 28 Illinois State Police to provide wireless enhanced 9-1-1 29 services. 30 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.) 31 Section 24. The Criminal Identification Act is amended HB0708 Enrolled -131- LRB9203186EGfg 1 by changing Section 3 as follows: 2 (20 ILCS 2630/3) (from Ch. 38, par. 206-3) 3 Sec. 3. Information to be furnished peace officers and 4 commanding officers of certain military installations in 5 Illinois. 6 (A) The Department shall file or cause to be filed all 7 plates, photographs, outline pictures, measurements, 8 descriptions and information which shall be received by it by 9 virtue of its office and shall make a complete and systematic 10 record and index of the same, providing thereby a method of 11 convenient reference and comparison. The Department shall 12 furnish, upon application, all information pertaining to the 13 identification of any person or persons, a plate, photograph, 14 outline picture, description, measurements, or any data of 15 which there is a record in its office. Such information shall 16 be furnished to peace officers of the United States, of other 17 states or territories, of the Insular possessions of the 18 United States, of foreign countries duly authorized to 19 receive the same, to all peace officers of the State of 20 Illinois, to investigators of the Illinois Law Enforcement 21 Training Standards Board and, conviction information only, to 22 units of local government, school districts and private 23 organizations, under the provisions of Section 2605-10, 24 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115, 25 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205, 26 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305, 27 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 28 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 29 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 30 of the Department of State Police Law (20 ILCS 2605/2605-10, 31 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105, 32 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130, 33 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205, HB0708 Enrolled -132- LRB9203186EGfg 1 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275, 2 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325, 3 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355, 4 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390, 5 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, 6 2605/2605-435, 2605/2605-500, 2605/2605-525, or 7 2605/2605-550). Applications shall be in writing and 8 accompanied by a certificate, signed by the peace officer or 9 chief administrative officer or his designee making such 10 application, to the effect that the information applied for 11 is necessary in the interest of and will be used solely in 12 the due administration of the criminal laws or for the 13 purpose of evaluating the qualifications and character of 14 employees, prospective employees, volunteers, or prospective 15 volunteers of units of local government, school districts, 16 and private organizations. 17 For the purposes of this subsection, "chief 18 administrative officer" is defined as follows: 19 a) The city manager of a city or, if a city does 20 not employ a city manager, the mayor of the city. 21 b) The manager of a village or, if a village does 22 not employ a manager, the president of the village. 23 c) The chairman or president of a county board or, 24 if a county has adopted the county executive form of 25 government, the chief executive officer of the county. 26 d) The president of the school board of a school 27 district. 28 e) The supervisor of a township. 29 f) The official granted general administrative 30 control of a special district, an authority, or 31 organization of government establishment by law which may 32 issue obligations and which either may levy a property 33 tax or may expend funds of the district, authority, or 34 organization independently of any parent unit of HB0708 Enrolled -133- LRB9203186EGfg 1 government. 2 g) The executive officer granted general 3 administrative control of a private organization defined 4 in Section 2605-335 of the Department of State Police Law 5 (20 ILCS 2605/2605-335). 6 (B) Upon written application and payment of fees 7 authorized by this subsection, State agencies and units of 8 local government, not including school districts, are 9 authorized to submit fingerprints of employees, prospective 10 employees and license applicants to the Department for the 11 purpose of obtaining conviction information maintained by the 12 Department and the Federal Bureau of Investigation about such 13 persons. The Department shall submit such fingerprints to 14 the Federal Bureau of Investigation on behalf of such 15 agencies and units of local government. The Department shall 16 charge an application fee, based on actual costs, for the 17 dissemination of conviction information pursuant to this 18 subsection. The Department is empowered to establish this 19 fee and shall prescribe the form and manner for requesting 20 and furnishing conviction information pursuant to this 21 subsection. 22 (C) Upon payment of fees authorized by this subsection, 23 the Department shall furnish to the commanding officer of a 24 military installation in Illinois having an arms storage 25 facility, upon written request of such commanding officer or 26 his designee, and in the form and manner prescribed by the 27 Department, all criminal history record information 28 pertaining to any individual seeking access to such a storage 29 facility, where such information is sought pursuant to a 30 federally-mandated security or criminal history check. 31 The Department shall establish and charge a fee, not to 32 exceed actual costs, for providing information pursuant to 33 this subsection. 34 (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00; HB0708 Enrolled -134- LRB9203186EGfg 1 revised 10-12-99.) 2 Section 25. The Department of Transportation Law of the 3 Civil Administrative Code of Illinois is amended by changing 4 Section 2705-200 as follows: 5 (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16) 6 Sec. 2705-200. Master plan; reporting requirements. 7 (a) The Department has the power to develop and maintain 8 a continuing, comprehensive, and integrated planning process 9 that shall develop and periodically revise a statewide master 10 plan for transportation to guide program development and to 11 foster efficient and economical transportation services in 12 ground, air, water, and all other modes of transportation 13 throughout the State. The Department shall coordinate its 14 transportation planning activities with those of other State 15 agencies and authorities and shall supervise and review any 16 transportation planning performed by other Executive agencies 17 under the direction of the Governor. The Department shall 18 cooperate and participate with federal, regional, interstate, 19 State, and local agencies, in accordance with Sections 5-301 20 and 7-301 of the Illinois Highway Code, and with interested 21 private individuals and organizations in the coordination of 22 plans and policies for development of the state's 23 transportation system. 24 To meet the provisions of this Section, the Department 25 shall publish and deliver to the Governor and General 26 Assembly by January 1, 1982 and every 2 years thereafter, its 27 master plan for highway, waterway, aeronautic, mass 28 transportation, and railroad systems. The plan shall 29 identify priority subsystems or components of each system 30 that are critical to the economic and general welfare of this 31theState regardless of public jurisdictional responsibility 32 or private ownership. HB0708 Enrolled -135- LRB9203186EGfg 1 The master plan shall provide particular emphasis and 2 detail of the 5 year period in the immediate future. 3 Annual and 5 year project programs for each State system 4 in this Section shall be published and furnished the General 5 Assembly on the first Wednesday in April of each year. 6 Identified needs included in the project programs shall 7 be listed and mapped in a distinctive fashion to clearly 8 identify the priority status of the projects: (1) projects to 9 be committed for execution; (2) tentative projects that are 10 dependent upon funding or other constraints; and (3) needed 11 projects that are not programmed due to lack of funding or 12 other constraints. 13 All projects shall be related to the priority systems of 14 the master plan, and the priority criteria identified. Cost 15 and estimated completion dates shall be included for work 16 required to complete a useable segment or component beyond 17 the 5 year period of the program. 18 (b) The Department shall publish and deliver to the 19 Governor and General Assembly on the first Wednesday in April 20 of each year a 5-year Highway Improvement Program reporting 21 the number of fiscal years each project has been on previous 22 5-year plans submitted by the Department. 23 (c) The Department shall publish and deliver to the 24 Governor and the General Assembly by November 1 of each year 25 a For the Record report that shall include the following: 26 (1) All the projects accomplished in the previous 27 fiscal year listed by each Illinois Department of 28 Transportation District. 29 (2) The award cost and the beginning dates of each 30 listed project. 31 (Source: P.A. 90-277, eff. 1-1-98; 91-239, eff. 1-1-00; 32 91-357, eff. 7-29-99; revised 8-12-99.) 33 Section 25.5. The Illinois Capital Budget Act is amended HB0708 Enrolled -136- LRB9203186EGfg 1 by changing Section 3 as follows: 2 (20 ILCS 3010/3) (from Ch. 127, par. 3103) 3 Sec. 3. Each capital improvement program shall include, 4 but not be limited to, roads, bridges, buildings, including 5 schools, prisons, recreational facilities and conservation 6 areas, and other infrastructure facilities that are owned by 7 the State of Illinois. 8 Each capital improvement program shall include a needs 9 assessment of the State's capital facilities. Each needs 10 assessment shall include where possible the inventory, age, 11 condition, use, sources of financing, past investment, 12 maintenance history, trends in condition, financing and 13 investment, and projected dollar amount of need in the next 5 14 years, 10tenyears, and until the year 2000. Needs 15 assessment of State facilities shall use, to the fullest 16 extent possible, existing studies and data from other 17 agencies such as the Illinois Department of Transportation, 18 the Illinois Environmental Protection Agency, the Illinois 19 Economic and Fiscal Commission, the Capital Development 20 Board, the Governor's Task Force on the Future of Illinois, 21 and relevant federal agencies, so that studies can be 22 completed as efficiently as possible, and so information on 23 needs can be used to seek federal funds as soon as possible. 24 Each capital improvement program shall include an 25 identification and analysis of factors that affect estimated 26 capital investment needs, including but not limited to, 27 economic assumptions, engineering standards, estimates of 28 spending for operations and maintenance, federal and State 29 regulations, and estimation of demand for services. 30 Each capital improvement program shall include an 31 identification and analysis of the principalprinciplepolicy 32 issues that affect estimated capital investment needs, 33 including but not limited to, economic development policy, HB0708 Enrolled -137- LRB9203186EGfg 1 equity considerations, policies regarding alternative 2 technologies, political jurisdiction over different 3 infrastructure systems, and the role of the private sector in 4 planning for and investing in infrastructure. 5 (Source: P.A. 84-838; revised 9-22-00.) 6 Section 26. The Capital Development Board Act is amended 7 by changing Section 16 as follows: 8 (20 ILCS 3105/16) (from Ch. 127, par. 783b) 9 Sec. 16. (a) In addition to any other power granted in 10 this Act to adopt rules or regulations, the Board may adopt 11 regulations or rules relating to the issuance or renewal of 12 the prequalification of an architect, engineer or contractor 13 or the suspension or modification of the prequalification of 14 any such person or entity including, without limitation, an 15 interim or emergency suspension or modification without a 16 hearing founded on any one or more of the bases set forth in 17 this Section. 18 (b) Among the bases for an interim or emergency 19 suspension or modification of prequalification are: 20 (1) A finding by the Board that the public interest, 21 safety or welfare requires a summary suspension or 22 modification of a prequalification without hearings. 23 (2) The occurrence of an event or series of events 24 which, in the Board's opinion, warrants a summary suspension 25 or modification of a prequalification without a hearing 26 including, without limitation, (i) the indictment of the 27 holder of the prequalification by a State or federal agency 28 or other branch of government for a crime; (ii) the 29 suspension or modification of a license or prequalification 30 by another State agency or federal agency or other branch of 31 government after hearings; (iii) a material breach of a 32 contract made between the Board and an architect, engineer or HB0708 Enrolled -138- LRB9203186EGfg 1 contractor; and (iv) the failure to comply with State law 2 including, without limitation, theMinority and Female3 Business Enterprise for Minorities, Females, and Persons with 4 Disabilities Act, the prevailing wage requirements, and the 5 Steel Products Procurement Act. 6 (c) If a prequalification is suspended or modified by 7 the Board without hearings for any reason set forth in this 8 Section or in Section 10-65 of the Illinois Administrative 9 Procedure Act, as amended, the Board shall within 30 days of 10 the issuance of an order of suspension or modification of a 11 prequalification initiate proceedings for the suspension or 12 modification of or other action upon the prequalification. 13 (Source: P.A. 88-45; revised 8-23-99.) 14 Section 26.2. The Illinois Emergency Management Agency 15 Act is amended by changing Section 10 as follows: 16 (20 ILCS 3305/10) (from Ch. 127, par. 1060) 17 Sec. 10. Emergency Services and Disaster Agencies. 18 (a) Each political subdivision within this State shall 19 be within the jurisdiction of and served by the Illinois 20 Emergency Management Agency and by an emergency services and 21 disaster agency responsible for emergency management 22 programs. A township, if the township is in a county having 23 a population of more than 2,000,000, must have approval of 24 the county coordinator before establishment of a township 25 emergency services and disaster agency. 26 (b) Each county shall maintain an emergency services and 27 disaster agency that has jurisdiction over and serves the 28 entire county, except as otherwise provided under this Act 29 and except that in any county with a population of over 30 3,000,000 containing a municipality with a population of over 31 500,000 the jurisdiction of the county agency shall not 32 extend to the municipality when the municipality has HB0708 Enrolled -139- LRB9203186EGfg 1 established its own agency. 2 (c) Each municipality with a population of over 500,000 3 shall maintain an emergency services and disaster agency 4 which has jurisdiction over and serves the entire 5 municipality. A municipality with a population less than 6 500,000 may establish, by ordinance, an agency or department 7 responsible for emergency management within the 8 municipality's corporate limits. 9 (d) The Governor shall determine which municipal 10 corporations, other than those specified in paragraph (c) of 11 this Section, need emergency services and disaster agencies 12 of their own and require that they be established and 13 maintained. He shall make his determinations on the basis of 14 the municipality's disaster vulnerability and capability of 15 response related to population size and concentration. The 16 emergency services and disaster agency of a county or 17 township, shall not have a jurisdiction within a political 18 subdivision having its own emergency services and disaster 19 agency, but shall cooperate with the emergency services and 20 disaster agency of a city, village or incorporated town 21 within their borders. The Illinois Emergency Management 22 Agency shall publish and furnish a current list to the 23 municipalities required to have an emergency services and 24 disaster agency under this subsection. 25 (e) Each municipality that is not required to and does 26 not have an emergency services and disaster agency shall have 27 a liaison officer designated to facilitate the cooperation 28 and protection of that municipal corporation with the county 29 emergency services and disaster agency in which it is located 30 in the work of disaster mitigation, preparedness, response, 31 and recovery. 32 (f) The principal executive officer or his designee of 33 each political subdivision in the State shall annually notify 34 the Illinois Emergency Management Agency of the manner in HB0708 Enrolled -140- LRB9203186EGfg 1 which the political subdivision is providing or securing 2 emergency management, identify the executive head of the 3 agency or the department from which the service is obtained, 4 or the liaison officer in accordance with paragraph (d) of 5 this Section and furnish additional information relating 6 thereto as the Illinois Emergency Management Agency requires. 7 (g) Each emergency services and disaster agency shall 8 prepare and submit to the Illinois Emergency Management 9 Agency for review and approval an emergency operations plan 10 for its geographic boundaries that complies with planning 11 standards developed by the Illinois Emergency Management 12 Agency. The Illinois Emergency Management Agency shall 13 determine which jurisdictions will be required to include 14 earthquake preparedness in their local emergency operations 15 plans. 16 (h) The emergency services and disaster agency shall 17 prepare and distribute to all appropriate officials in 18 written form a clear and complete statement of the emergency 19 responsibilities of all local departments and officials and 20 of the disaster chain of command. 21 (i) Each emergency services and disaster agency shall 22 have a Coordinator who shall be appointed by the principal 23 executive officer of the political subdivision in the same 24 manner as are the heads of regular governmental departments. 25 If the political subdivision is a county and the principal 26 executive officer appoints the sheriff as the Coordinator, 27 the sheriff may, in addition to his regular compensation, 28 receive compensation at the same level as provided in Section 29 3 of "An Act in relation to the regulation of motor vehicle 30 traffic and the promotion of safety on public highways in 31 counties", approved August 9, 1951, as amended. The 32 Coordinator shall have direct responsibility for the 33 organization, administration, training, and operation of the 34 emergency services and disaster agency, subject to the HB0708 Enrolled -141- LRB9203186EGfg 1 direction and control of that principal executive officer. 2 Each emergency services and disaster agency shall coordinate 3 and may perform emergency management functions within the 4 territorial limits of the political subdivision within which 5 it is organized as are prescribed in and by the State 6 Emergency Operations Plan, and programs, orders, rules and 7 regulations as may be promulgated by the Illinois Emergency 8 Management Agency and by local ordinance and, in addition, 9 shall conduct such functions outside of those territorial 10 limits as may be required under mutual aid agreements and 11 compacts as are entered into under subparagraph (5) of 12 paragraph (c) of Section 6. 13 (j) In carrying out the provisions of this Act, each 14 political subdivision may enter into contracts and incur 15 obligations necessary to place it in a position effectively 16 to combat the disasters as are described in Section 4, to 17 protect the health and safety of persons, to protect 18 property, and to provide emergency assistance to victims of 19 those disasters. If a disaster occurs, each political 20 subdivision may exercise the powers vested under this Section 21 in the light of the exigencies of the disaster and, excepting 22 mandatory constitutional requirements, without regard to the 23 procedures and formalities normally prescribed by law 24 pertaining to the performance of public work, entering into 25 contracts, the incurring of obligations, the employment of 26 temporary workers, the rental of equipment, the purchase of 27 supplies and materials, and the appropriation, expenditure, 28 and disposition of public funds and property. 29 (k) Emergency services and disaster agency personnel 30 who, while engaged in a disaster or disaster training 31 exercise, suffer disease, injury or death, shall, for the 32 purposes of benefits under the Workers' Compensation Act or 33 Workers' Occupational Diseases Act only, be deemed to be 34 employees of the State, if (1) the claimant is a duly HB0708 Enrolled -142- LRB9203186EGfg 1 qualified and enrolled (sworn in) as a volunteer of the 2 Illinois Emergency Management Agency or an emergency services 3 and disaster agency accredited by the Illinois Emergency 4 Management Agency, and (2) if the claimant was participating 5 in an actual disaster as defined inparagraph (e) ofSection 6 4 of this Act or the exercise participated in was 7 specifically and expressly approved by the Illinois Emergency 8 Management Agency. Illinois Emergency Management Agency shall 9 use the same criteria for approving an exercise and utilizing 10 State volunteers as required for any political subdivision. 11 The computation of benefits payable under either of those 12 Acts shall be based on the income commensurate with 13 comparable State employees doing the same type work or income 14 from the person's regular employment, whichever is greater. 15 (l) If any person who is entitled to receive benefits 16 through the application of this Section receives, in 17 connection with the disease, injury or death giving rise to 18 such entitlement, benefits under an Act of Congress or 19 federal program, benefits payable under this Section shall be 20 reduced to the extent of the benefits received under that 21 other Act or program. 22 (m) (1) Prior to conducting a disaster training 23 exercise, the principal executive officer of a political 24 subdivision or his designee shall provide area media with 25 written notification of the disaster training exercise. 26 The notification shall indicate that information relating 27 to the disaster training exercise shall not be released 28 to the public until the commencement of the exercise. The 29 notification shall also contain a request that the notice 30 be so posted to ensure that all relevant media personnel 31 are advised of the disaster training exercise before it 32 begins. 33 (2) During the conduct of a disaster training 34 exercise, all messages, two-way radio communications, HB0708 Enrolled -143- LRB9203186EGfg 1 briefings, status reports, news releases, and other oral 2 or written communications shall begin and end with the 3 following statement: "This is an exercise message". 4 (Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.) 5 Section 26.4. The Illinois Research Park Authority Act 6 is amended by changing Section 1-130 as follows: 7 (20 ILCS 3850/1-130) 8 Sec. 1-130. Complete, additional, and alternative 9 methods. The foregoing Sections of this Act are deemed to 10 provideacomplete, additional, and alternative methods for 11 the doing of the things authorized thereby and shall be 12 regarded as supplemental and additional to powers conferred 13 by other laws, provided that the issuance of bonds and 14 refunding bonds under this Act need not comply with the 15 requirements of any other law applicable to the issuance of 16 bonds. Except as otherwise expressly provided in this Act, 17 none of the powers granted to the Authority under this Act 18 shall be subject to the supervision or regulation or require 19 the approval or consent of any municipality or political 20 subdivision or any department, division, commission, board, 21 body, bureau, official, or agency thereof or of the State. 22 (Source: P.A. 88-669, eff. 11-29-94; revised 2-23-00.) 23 Section 26.6. The Correctional Budget and Impact Note 24 Act is amended by changing Sections 3 and 9 as follows: 25 (25 ILCS 70/3) (from Ch. 63, par. 42.83) 26 Sec. 3. Upon the request of the sponsor of any bill 27 described in subsection (a) of Section 2, the Director of the 28 Department of Corrections, or any person within the 29 Department whom the Director may designate, shall prepare a 30 written statement setting forth the information specified in HB0708 Enrolled -144- LRB9203186EGfg 1 subsection (a) of Section 2. Upon the request of the sponsor 2 of any bill described in subsection (b) of Section 2, the 3 Director of the Administrative Office of the Illinois Courts, 4 or any person the Director may designate, shall prepare a 5 written statement setting forth the information specified in 6 subsection (b) of Section 2. 7 The statement prepared by the Director of Corrections or 8 Director of Administrative Office of the Illinois Courts, as 9 the case may be, shall be designated a Correctional Budget 10 and Impact Note and shall be furnished to the sponsor within 11 10 calendar days thereafter, except that whenever, because of 12 the complexity of the bill, additional time is required for 13 the preparation of the note, the Department of Corrections or 14 Administrative Office of the Illinois Courts may so notify 15 the sponsor and request an extension of time not to exceed 5 16 additional days within which such note is to be furnished. 17 Such extension shall not extend beyond May 15 following the 18 date of the request. 19 (Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.) 20 (25 ILCS 70/9) (from Ch. 63, par. 42.89) 21 Sec. 9. The subject matter of bills submitted to the 22 Director of the Department of Corrections or the Director of 23 the Administrative Office of the Illinois Courts shall be 24 kept in strict confidence and no information relating thereto 25 or relating to the budget or impact thereof shall be divulged 26 by an official or employee of the Department or the 27 Administrative Office of the Illinois Courts, except to the 28 bill's sponsor or his designee, prior to the bill's 29 introduction in the General Assembly. 30 (Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.) 31 Section 27. The State Finance Act is amended by changing 32 Section 6z-43 and setting forth, changing, and renumbering HB0708 Enrolled -145- LRB9203186EGfg 1 multiple versions of Sections 5.490, 5.491, 5.492, 5.505, 2 5.540, 5.541, 5.542, and 8.36 as follows: 3 (30 ILCS 105/5.490) 4 Sec. 5.490. The Horse Racing Equity Fund. 5 (Source: P.A. 91-40, eff. 6-25-99.) 6 (30 ILCS 105/5.491) 7 Sec. 5.491. The Illinois Racing Quarterhorse Breeders 8 Fund. 9 (Source: P.A. 91-40, eff. 6-25-99.) 10 (30 ILCS 105/5.492) 11 Sec. 5.492. The Horse Racing Fund. 12 (Source: P.A. 91-40, eff. 6-25-99.) 13 (30 ILCS 105/5.493) 14 Sec. 5.493.5.490.The Federal Workforce Development 15 Fund. 16 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.) 17 (30 ILCS 105/5.494) 18 Sec. 5.494.5.491.The Energy Assistance Contribution 19 Fund. 20 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.) 21 (30 ILCS 105/5.497) 22 Sec. 5.497.5.491.The Motor Vehicle License Plate Fund. 23 (Source: P.A. 91-37, eff. 7-1-99; revised 11-12-99.) 24 (30 ILCS 105/5.498) 25 Sec. 5.498.5.490.The Fund for Illinois' Future. 26 (Source: P.A. 91-38, eff. 6-15-99; revised 11-12-99.) HB0708 Enrolled -146- LRB9203186EGfg 1 (30 ILCS 105/5.499) 2 Sec. 5.499.5.490.The Video Conferencing User Fund. 3 (Source: P.A. 91-44, eff. 7-1-99; revised 11-12-99.) 4 (30 ILCS 105/5.501) 5 Sec. 5.501.5.505.The School Technology Revolving Loan 6 Fund. 7 (Source: P.A. 90-548, eff. 1-1-98; revised 12-18-99.) 8 (30 ILCS 105/5.502) 9 Sec. 5.502.5.491.The Electronic Commerce Security 10 Certification Fund. 11 (Source: P.A. 91-58, eff. 7-1-99; revised 11-12-99.) 12 (30 ILCS 105/5.503) 13 Sec. 5.503.5.490.The Prostate Cancer Research Fund. 14 (Source: P.A. 91-104, eff. 7-13-99; revised 11-12-99.) 15 (30 ILCS 105/5.504) 16 (Section scheduled to be repealed on July 16, 2003) 17 Sec. 5.504.5.490.The State Board of Education Fund. 18 This Section is repealed 4 years after the effective date of 19 this amendatory Act of the 91st General Assembly. 20 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.) 21 (30 ILCS 105/5.505) 22 (Section scheduled to be repealed on July 16, 2003) 23 Sec. 5.505.5.491.The State Board of Education Special 24 Purpose Trust Fund. This Section is repealed 4 years after 25 the effective date of this amendatory Act of the 91st General 26 Assembly. 27 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.) 28 (30 ILCS 105/5.506) HB0708 Enrolled -147- LRB9203186EGfg 1 (Section scheduled to be repealed on July 16, 2003) 2 Sec. 5.506.5.492.The Private Business and Vocational 3 Schools Fund. This Section is repealed 4 years after the 4 effective date of this amendatory Act of the 91st General 5 Assembly. 6 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.) 7 (30 ILCS 105/5.507) 8 Sec. 5.507.5.490.The Open Lands Loan Fund. 9 (Source: P.A. 91-220, eff. 7-21-99; revised 11-12-99.) 10 (30 ILCS 105/5.508) 11 Sec. 5.508.5.490.The Diesel Emissions Testing Fund. 12 (Source: P.A. 91-254, eff. 7-1-99; revised 11-12-99.) 13 (30 ILCS 105/5.509) 14 Sec. 5.509.5.490.The Death Certificate Surcharge Fund. 15 (Source: P.A. 91-382, eff. 7-30-99; revised 11-12-99.) 16 (30 ILCS 105/5.510) 17 Sec. 5.510.5.490.The Charter Schools Revolving Loan 18 Fund. 19 (Source: P.A. 91-407, eff. 8-3-99; revised 11-12-99.) 20 (30 ILCS 105/5.511) 21 Sec. 5.511.5.490.The Illinois Adoption Registry and 22 Medical Information Exchange Fund. 23 (Source: P.A. 91-417, eff. 1-1-00; revised 11-12-99.) 24 (30 ILCS 105/5.512) 25 Sec. 5.512.5.490.The Economic Development for a 26 Growing Economy Fund. 27 (Source: P.A. 91-476, eff. 8-11-99; revised 11-12-99.) HB0708 Enrolled -148- LRB9203186EGfg 1 (30 ILCS 105/5.513) 2 Sec. 5.513.5.490.The Illinois Aquaculture Development 3 Fund. 4 (Source: P.A. 91-530, eff. 8-13-99; revised 11-12-99.) 5 (30 ILCS 105/5.514) 6 Sec. 5.514. The5.490.Motor Carrier Safety Inspection 7 Fund. 8 (Source: P.A. 91-537, eff. 8-13-99; revised 11-12-99.) 9 (30 ILCS 105/5.515) 10 Sec. 5.515.5.490.The Airport Land Loan Revolving Fund. 11 (Source: P.A. 91-543, eff. 8-14-99; revised 11-12-99.) 12 (30 ILCS 105/5.516) 13 Sec. 5.516.5.490.The Illinois Value-Added Agriculture 14 Enhancement Program Fund. 15 (Source: P.A. 91-560, eff. 8-14-99; revised 11-12-99.) 16 (30 ILCS 105/5.517) 17 Sec. 5.517.5.490.The Illinois Building Commission 18 Revolving Fund. 19 (Source: P.A. 91-581, eff. 8-14-99; revised 11-12-99.) 20 (30 ILCS 105/5.518) 21 Sec. 5.518. The5.490.Capital Litigation Trust Fund. 22 (Source: P.A. 91-589, eff. 1-1-00; revised 11-12-99.) 23 (30 ILCS 105/5.519) 24 Sec. 5.519.5.490.The Small Business Incubator Fund. 25 (Source: P.A. 91-592, eff. 8-14-99; revised 11-12-99.) 26 (30 ILCS 105/5.520) 27 Sec. 5.520.5.490.The Auction Regulation Administration HB0708 Enrolled -149- LRB9203186EGfg 1 Fund. 2 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.) 3 (30 ILCS 105/5.521) 4 Sec. 5.521.5.491.The Auction Recovery Fund. 5 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.) 6 (30 ILCS 105/5.522) 7 Sec. 5.522.5.492.The Auction Education Fund. 8 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.) 9 (30 ILCS 105/5.523) 10 Sec. 5.523.5.490.The International Tourism Fund. 11 (Source: P.A. 91-604, eff. 8-16-99; revised 11-12-99.) 12 (30 ILCS 105/5.524) 13 Sec. 5.524.5.490.The NOx Trading System Fund. 14 (Source: P.A. 91-631, eff. 8-19-99; revised 11-12-99.) 15 (30 ILCS 105/5.525) 16 Sec. 5.525. The5.490.John Joseph Kelly Home Fund. 17 (Source: P.A. 91-634, eff. 8-19-99; revised 11-12-99.) 18 (30 ILCS 105/5.526) 19 Sec. 5.526.5.490.The Insurance Premium Tax Refund 20 Fund. 21 (Source: P.A. 91-643, eff. 8-20-99; revised 11-12-99.) 22 (30 ILCS 105/5.527) 23 Sec. 5.527.5.490.The Assisted Living and Shared 24 Housing Regulatory Fund. 25 (Source: P.A. 91-656, eff. 1-1-01; revised 1-19-00.) 26 (30 ILCS 105/5.528) HB0708 Enrolled -150- LRB9203186EGfg 1 Sec. 5.528.5.490.The Academic Improvement Trust Fund 2 for Community College Foundations. 3 (Source: P.A. 91-664, eff. 12-22-99; revised 1-19-99.) 4 (30 ILCS 105/5.529) 5 Sec. 5.529. The5.490.Wireless Service Emergency Fund. 6 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 7 (30 ILCS 105/5.530) 8 Sec. 5.530. The5.491.State Police Wireless Service 9 Emergency Fund. 10 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 11 (30 ILCS 105/5.531) 12 Sec. 5.531. The5.492.Wireless Carrier Reimbursement 13 Fund. 14 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 15 (30 ILCS 105/5.532) 16 Sec. 5.532.5.541.The Spinal Cord Injury Paralysis Cure 17 Research Trust Fund. 18 (Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.) 19 (30 ILCS 105/5.533) 20 Sec. 5.533.5.542.The Brain Injury and Spinal Cord 21 Injury Trust Fund. 22 (Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.) 23 (30 ILCS 105/5.534) 24 Sec. 5.534.5.541.The Organ Donor Awareness Fund. 25 (Source: P.A. 91-805, eff. 1-1-01; revised 7-13-00.) 26 (30 ILCS 105/5.535) 27 Sec. 5.535.5.540.The National World War II Memorial HB0708 Enrolled -151- LRB9203186EGfg 1 Fund. 2 (Source: P.A. 91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 3 revised 7-13-00.) 4 (30 ILCS 105/5.536) 5 Sec. 5.536.5.541.The Post Transplant Maintenance and 6 Retention Fund. 7 (Source: P.A. 91-873, eff. 7-1-00; revised 7-13-00.) 8 (30 ILCS 105/5.540) 9 Sec. 5.540. The Tobacco Settlement Recovery Fund. 10 (Source: P.A. 91-646, eff. 11-19-99.) 11 (30 ILCS 105/5.541) 12 Sec. 5.541. The Homeowners' Tax Relief Fund. 13 (Source: P.A. 91-703, eff. 5-16-00.) 14 (30 ILCS 105/5.542) 15 Sec. 5.542. The Budget Stabilization Fund. 16 (Source: P.A. 91-703, eff. 5-16-00.) 17 (30 ILCS 105/6z-43) 18 Sec. 6z-43. Tobacco Settlement Recovery Fund. 19 (a) There is created in the State Treasury a special 20 fund to be known as the Tobacco Settlement Recovery Fund, 21 into which shall be deposited all monies paid to the State 22 pursuant to (1) the Master Settlement Agreement entered in 23 the case of People of the State of Illinois v. Philip Morris, 24 et al. (Circuit Court of Cook County, No. 96-L13146) and (2) 25 any settlement with or judgment against any tobacco product 26 manufacturer other than one participating in the Master 27 Settlement Agreement in satisfaction of any released claim as 28 defined in the Master Settlement Agreement, as well as any 29 other monies as provided by law. All earnings on Fund HB0708 Enrolled -152- LRB9203186EGfg 1 investments shall be deposited into the Fund. Upon the 2 creation of the Fund, the State Comptroller shall order the 3 State Treasurer to transfer into the Fund any monies paid to 4 the State as described in item (1) or (2) of this Section 5 before the creation of the Fund plus any interest earned on 6 the investment of those monies. The Treasurer may invest the 7 moneys in the Fund in the same manner, in the same types of 8 investments, and subject to the same limitations provided in 9 the Illinois Pension Code for the investment of pension funds 10 other than those established under Article 3 or 4 of the 11 Code. 12 (b) As soon as may be practical after June 30, 2001, the 13 State Comptroller shall direct and the State Treasurer shall 14 transfer the unencumbered balance in the Tobacco Settlement 15 Recovery Fund as of June 30, 2001 into the Budget 16 Stabilization Fund. The Treasurer may invest the moneys in 17 the Budget Stabilization Fund in the same manner, in the same 18 types of investments, and subject to the same limitations 19 provided in the Illinois Pension Code for the investment of 20 pension funds other than those established under Article 3 or 21 4 of the Code. 22 (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; 23 91-797, eff. 6-9-00; revised 6-28-00.) 24 (30 ILCS 105/8.36) 25 Sec. 8.36. Airport Land Loan Revolving Fund. 26 Appropriations for loans to public airport owners by the 27 Department of Transportation pursuant to Section 34b of the 28 Illinois Aeronautics Act shall be payable from the Airport 29 Land Loan Revolving Fund. 30 (Source: P.A. 91-543, eff. 8-14-99.) 31 (30 ILCS 105/8.37) 32 Sec. 8.37.8.36.State Police Wireless Service Emergency HB0708 Enrolled -153- LRB9203186EGfg 1 Fund. 2 (a) The State Police Wireless Service Emergency Fund is 3 created as a special fund in the State Treasury. 4 (b) Grants to the Department of State Police from the 5 Wireless Service Emergency Fund shall be deposited into the 6 State Police Wireless Service Emergency Fund and shall be 7 used in accordance with Section 20 of the Wireless Emergency 8 Telephone Safety Act. 9 (c) On July 1, 1999, the State Comptroller and State 10 Treasurer shall transfer $1,300,000 from the General Revenue 11 Fund to the State Police Wireless Service Emergency Fund. On 12 June 30, 2003 the State Comptroller and State Treasurer shall 13 transfer $1,300,000 from the State Police Wireless Service 14 Emergency Fund to the General Revenue Fund. 15 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.) 16 Section 28. The General Obligation Bond Act is amended 17 by changing Section 9 as follows: 18 (30 ILCS 330/9) (from Ch. 127, par. 659) 19 Sec. 9. Conditions for Issuance and Sale of Bonds - 20 Requirements for Bonds. Bonds shall be issued and sold from 21 time to time, in one or more series, in such amounts and at 22 such prices as may be directed by the Governor, upon 23 recommendation by the Director of the Bureau of the Budget. 24 Bonds shall be in such form (either coupon, registered or 25 book entry), in such denominations, payable within 30 years 26 from their date, subject to such terms of redemption with or 27 without premium, bear interest payable at such times and at 28 such fixed rate or rates, andthe Bond Authorization Actbe 29 dated as shall be fixed and determined by the Director of the 30 Bureau of the Budget in the order authorizing the issuance 31 and sale of any series of Bonds, which order shall be 32 approved by the Governor and is herein called a "Bond Sale HB0708 Enrolled -154- LRB9203186EGfg 1 Order"; provided however, that interest shall not exceed that 2 permitted in the Bond Authorization Act, as now or hereafter 3 amended. Said Bonds shall be payable at such place or 4 places, within or without the State of Illinois, and may be 5 made registrable as to either principal or as to both 6 principal and interest, as shall be specified in the Bond 7 Sale Order. Bonds may be callable or subject to purchase and 8 retirement as fixed and determined in the Bond Sale Order.,9 (Source: P.A. 91-39, eff. 6-15-99; 91-357, eff. 7-29-99; 10 revised 8-23-99.) 11 Section 30. The Downstate Public Transportation Act is 12 amended by changing Section 2-7 as follows: 13 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) 14 Sec. 2-7. Quarterly reports; annual audit. 15 (a) Any Metro-East Transit District participant shall, 16 no later than 30 days following the end of each month of any 17 fiscal year, file with the Department on forms provided by 18 the Department for that purpose, a report of the actual 19 operating deficit experienced during that quarter. The 20 Department shall, upon receipt of the quarterly report, and 21 upon determining that such operating deficits were incurred 22 in conformity with the program of proposed expenditures 23 approved by the Department pursuant to Section 2-11, pay to 24 any Metro-East Transit District participant such portion of 25 such operating deficit as funds have been transferred to the 26 Metro-East Transit Public Transportation Fund and allocated 27 to that Metro-East Transit District participant. 28 (b) Each participant other than any Metro-East Transit 29 District participant shall, 30 days before the end of each 30 quarter, file with the Department on forms provided by the 31 Department for such purposes a report of the projected 32 eligible operating expenses to be incurred in the next HB0708 Enrolled -155- LRB9203186EGfg 1 quarter and 30 days before the third and fourth quarters of 2 any fiscal year a statement of actual eligible operating 3 expenses incurred in the preceding quarters. Within 45 days 4 of receipt by the Department of such quarterly report, the 5 Comptroller shall order paid and the Treasurer shall pay from 6 the Downstate Public Transportation Fund to each participant 7 an amount equal to one-third of such participant's eligible 8 operating expenses; provided, however, that in Fiscal Year 9 1997, the amount paid to each participant from the Downstate 10 Public Transportation Fund shall be an amount equal to 47% of 11 such participant's eligible operating expenses and shall be 12 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 13 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 14 and thereafter; however, in any year that a participant 15 receives funding under subsection (i) of Section 2705-305 of 16 the Department of Transportation Law (20 ILCS 2705/2705-305), 17 that participant shall be eligible only for assistance equal 18 to the following percentage of its eligible operating 19 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 20 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in 21 Fiscal Year 2001 and thereafter. Any such payment for the 22 third and fourth quarters of any fiscal year shall be 23 adjusted to reflect actual eligible operating expenses for 24 preceding quarters of such fiscal year. However, no 25 participant shall receive an amount less than that which was 26 received in the immediate prior year, provided in the event 27 of a shortfall in the fund those participants receiving less 28 than their full allocation pursuant to Section 2-6 of this 29 Article shall be the first participants to receive an amount 30 not less than that received in the immediate prior year. 31 (c) No later than 180 days following the last day of the 32 Fiscal Year each participant shall provide the Department 33 with an audit prepared by a Certified Public Accountant 34 covering that Fiscal Year. Any discrepancy between the HB0708 Enrolled -156- LRB9203186EGfg 1 grants paid and one-third of the eligible operating expenses 2 or in the case of the Bi-State Metropolitan Development 3 District the approved program amount shall be reconciled by 4 appropriate payment or credit. Beginning in Fiscal Year 1985, 5 for those participants other than the Bi-State Metropolitan 6 Development District, any discrepancy between the grants paid 7 and the percentage of the eligible operating expenses 8 provided for by paragraph (b) of this Section shall be 9 reconciled by appropriate payment or credit. 10 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 11 revised 8-9-99.) 12 Section 31. The State Mandates Act is amended by 13 changing Sections 8.23 and 8.24 as follows: 14 (30 ILCS 805/8.23) 15 Sec. 8.23. Exempt mandatesmandate. 16 (a) Notwithstanding Sections 6 and 8 of this Act, no 17 reimbursement by the State is required for the implementation 18 of any mandate created by Public Act 91-17, 91-56, 91-254, 19 91-401, 91-466, 91-474, 91-478, 91-486, 91-523, 91-578, 20 91-617, 91-635, or 91-651this amendatory Act of the 91st21General Assembly 1999. 22 (b) Notwithstanding Sections 6 and 8 of this Act and 23 except for the payment provided in subsection (k) of Section 24 21-14 of the School Code, no reimbursement by the State is 25 required for the implementation of any mandate created by 26 Public Act 91-102this amendatory Act of the 91st General27Assembly. 28 (Source: P.A. 91-17, eff. 6-4-99; 91-56, eff. 6-30-99; 29 91-102, eff. 7-12-99; 91-254, eff. 7-1-00; 91-401, eff. 30 1-1-00; 91-466, eff. 8-6-99; 91-474, eff. 11-1-99; 91-478, 31 eff. 11-1-99; 91-486, eff. 1-1-00; 91-523, eff. 1-1-00; 32 91-578, eff. 8-14-99; 91-617, eff. 1-1-00; 91-635, eff. HB0708 Enrolled -157- LRB9203186EGfg 1 8-20-99; 91-651, eff. 1-1-00; revised 1-19-00.) 2 (30 ILCS 805/8.24) 3 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 4 and 8 of this Act, no reimbursement by the State is required 5 for the implementation of any mandate created by Public Act 6 91-699, 91-722, 91-834, 91-852, 91-870, 91-885, 91-887, or 7 91-897.this amendatory Act of the 91st General Assembly.8 (Source: P.A. 91-699, eff. 1-1-01; 91-722, eff. 6-2-00; 9 91-834, eff. 1-1-01; 91-852, eff. 6-22-00; 91-870, eff. 10 6-22-00; 91-885, eff. 7-6-00; 91-887, eff. 7-6-00; 91-897, 11 eff. 7-6-00; revised 9-7-00.) 12 Section 32. The Illinois Income Tax Act is amended by 13 changing Sections 201, 203, 703, and 901 as follows: 14 (35 ILCS 5/201) (from Ch. 120, par. 2-201) 15 Sec. 201. Tax Imposed. 16 (a) In general. A tax measured by net income is hereby 17 imposed on every individual, corporation, trust and estate 18 for each taxable year ending after July 31, 1969 on the 19 privilege of earning or receiving income in or as a resident 20 of this State. Such tax shall be in addition to all other 21 occupation or privilege taxes imposed by this State or by any 22 municipal corporation or political subdivision thereof. 23 (b) Rates. The tax imposed by subsection (a) of this 24 Section shall be determined as follows, except as adjusted by 25 subsection (d-1): 26 (1) In the case of an individual, trust or estate, 27 for taxable years ending prior to July 1, 1989, an amount 28 equal to 2 1/2% of the taxpayer's net income for the 29 taxable year. 30 (2) In the case of an individual, trust or estate, 31 for taxable years beginning prior to July 1, 1989 and HB0708 Enrolled -158- LRB9203186EGfg 1 ending after June 30, 1989, an amount equal to the sum of 2 (i) 2 1/2% of the taxpayer's net income for the period 3 prior to July 1, 1989, as calculated under Section 202.3, 4 and (ii) 3% of the taxpayer's net income for the period 5 after June 30, 1989, as calculated under Section 202.3. 6 (3) In the case of an individual, trust or estate, 7 for taxable years beginning after June 30, 1989, an 8 amount equal to 3% of the taxpayer's net income for the 9 taxable year. 10 (4) (Blank). 11 (5) (Blank). 12 (6) In the case of a corporation, for taxable years 13 ending prior to July 1, 1989, an amount equal to 4% of 14 the taxpayer's net income for the taxable year. 15 (7) In the case of a corporation, for taxable years 16 beginning prior to July 1, 1989 and ending after June 30, 17 1989, an amount equal to the sum of (i) 4% of the 18 taxpayer's net income for the period prior to July 1, 19 1989, as calculated under Section 202.3, and (ii) 4.8% of 20 the taxpayer's net income for the period after June 30, 21 1989, as calculated under Section 202.3. 22 (8) In the case of a corporation, for taxable years 23 beginning after June 30, 1989, an amount equal to 4.8% of 24 the taxpayer's net income for the taxable year. 25 (c) Beginning on July 1, 1979 and thereafter, in 26 addition to such income tax, there is also hereby imposed the 27 Personal Property Tax Replacement Income Tax measured by net 28 income on every corporation (including Subchapter S 29 corporations), partnership and trust, for each taxable year 30 ending after June 30, 1979. Such taxes are imposed on the 31 privilege of earning or receiving income in or as a resident 32 of this State. The Personal Property Tax Replacement Income 33 Tax shall be in addition to the income tax imposed by 34 subsections (a) and (b) of this Section and in addition to HB0708 Enrolled -159- LRB9203186EGfg 1 all other occupation or privilege taxes imposed by this State 2 or by any municipal corporation or political subdivision 3 thereof. 4 (d) Additional Personal Property Tax Replacement Income 5 Tax Rates. The personal property tax replacement income tax 6 imposed by this subsection and subsection (c) of this Section 7 in the case of a corporation, other than a Subchapter S 8 corporation and except as adjusted by subsection (d-1), shall 9 be an additional amount equal to 2.85% of such taxpayer's net 10 income for the taxable year, except that beginning on January 11 1, 1981, and thereafter, the rate of 2.85% specified in this 12 subsection shall be reduced to 2.5%, and in the case of a 13 partnership, trust or a Subchapter S corporation shall be an 14 additional amount equal to 1.5% of such taxpayer's net income 15 for the taxable year. 16 (d-1) Rate reduction for certain foreign insurers. In 17 the case of a foreign insurer, as defined by Section 35A-5 of 18 the Illinois Insurance Code, whose state or country of 19 domicile imposes on insurers domiciled in Illinois a 20 retaliatory tax (excluding any insurer whose premiums from 21 reinsurance assumed are 50% or more of its total insurance 22 premiums as determined under paragraph (2) of subsection (b) 23 of Section 304, except that for purposes of this 24 determination premiums from reinsurance do not include 25 premiums from inter-affiliate reinsurance arrangements), 26 beginning with taxable years ending on or after December 31, 27 1999, the sum of the rates of tax imposed by subsections (b) 28 and (d) shall be reduced (but not increased) to the rate at 29 which the total amount of tax imposed under this Act, net of 30 all credits allowed under this Act, shall equal (i) the total 31 amount of tax that would be imposed on the foreign insurer's 32 net income allocable to Illinois for the taxable year by such 33 foreign insurer's state or country of domicile if that net 34 income were subject to all income taxes and taxes measured by HB0708 Enrolled -160- LRB9203186EGfg 1 net income imposed by such foreign insurer's state or country 2 of domicile, net of all credits allowed or (ii) a rate of 3 zero if no such tax is imposed on such income by the foreign 4 insurer's state of domicile. For the purposes of this 5 subsection (d-1), an inter-affiliate includes a mutual 6 insurer under common management. 7 (1) For the purposes of subsection (d-1), in no 8 event shall the sum of the rates of tax imposed by 9 subsections (b) and (d) be reduced below the rate at 10 which the sum of: 11 (A) the total amount of tax imposed on such 12 foreign insurer under this Act for a taxable year, 13 net of all credits allowed under this Act, plus 14 (B) the privilege tax imposed by Section 409 15 of the Illinois Insurance Code, the fire insurance 16 company tax imposed by Section 12 of the Fire 17 Investigation Act, and the fire department taxes 18 imposed under Section 11-10-1 of the Illinois 19 Municipal Code, 20 equals 1.25% of the net taxable premiums written for the 21 taxable year, as described by subsection (1) of Section 22 409 of the Illinois Insurance Code. This paragraph will 23 in no event increase the rates imposed under subsections 24 (b) and (d). 25 (2) Any reduction in the rates of tax imposed by 26 this subsection shall be applied first against the rates 27 imposed by subsection (b) and only after the tax imposed 28 by subsection (a) net of all credits allowed under this 29 Section other than the credit allowed under subsection 30 (i) has been reduced to zero, against the rates imposed 31 by subsection (d). 32 This subsection (d-1) is exempt from the provisions of 33 Section 250. 34 (e) Investment credit. A taxpayer shall be allowed a HB0708 Enrolled -161- LRB9203186EGfg 1 credit against the Personal Property Tax Replacement Income 2 Tax for investment in qualified property. 3 (1) A taxpayer shall be allowed a credit equal to 4 .5% of the basis of qualified property placed in service 5 during the taxable year, provided such property is placed 6 in service on or after July 1, 1984. There shall be 7 allowed an additional credit equal to .5% of the basis of 8 qualified property placed in service during the taxable 9 year, provided such property is placed in service on or 10 after July 1, 1986, and the taxpayer's base employment 11 within Illinois has increased by 1% or more over the 12 preceding year as determined by the taxpayer's employment 13 records filed with the Illinois Department of Employment 14 Security. Taxpayers who are new to Illinois shall be 15 deemed to have met the 1% growth in base employment for 16 the first year in which they file employment records with 17 the Illinois Department of Employment Security. The 18 provisions added to this Section by Public Act 85-1200 19 (and restored by Public Act 87-895) shall be construed as 20 declaratory of existing law and not as a new enactment. 21 If, in any year, the increase in base employment within 22 Illinois over the preceding year is less than 1%, the 23 additional credit shall be limited to that percentage 24 times a fraction, the numerator of which is .5% and the 25 denominator of which is 1%, but shall not exceed .5%. 26 The investment credit shall not be allowed to the extent 27 that it would reduce a taxpayer's liability in any tax 28 year below zero, nor may any credit for qualified 29 property be allowed for any year other than the year in 30 which the property was placed in service in Illinois. For 31 tax years ending on or after December 31, 1987, and on or 32 before December 31, 1988, the credit shall be allowed for 33 the tax year in which the property is placed in service, 34 or, if the amount of the credit exceeds the tax liability HB0708 Enrolled -162- LRB9203186EGfg 1 for that year, whether it exceeds the original liability 2 or the liability as later amended, such excess may be 3 carried forward and applied to the tax liability of the 5 4 taxable years following the excess credit years if the 5 taxpayer (i) makes investments which cause the creation 6 of a minimum of 2,000 full-time equivalent jobs in 7 Illinois, (ii) is located in an enterprise zone 8 established pursuant to the Illinois Enterprise Zone Act 9 and (iii) is certified by the Department of Commerce and 10 Community Affairs as complying with the requirements 11 specified in clause (i) and (ii) by July 1, 1986. The 12 Department of Commerce and Community Affairs shall notify 13 the Department of Revenue of all such certifications 14 immediately. For tax years ending after December 31, 15 1988, the credit shall be allowed for the tax year in 16 which the property is placed in service, or, if the 17 amount of the credit exceeds the tax liability for that 18 year, whether it exceeds the original liability or the 19 liability as later amended, such excess may be carried 20 forward and applied to the tax liability of the 5 taxable 21 years following the excess credit years. The credit shall 22 be applied to the earliest year for which there is a 23 liability. If there is credit from more than one tax year 24 that is available to offset a liability, earlier credit 25 shall be applied first. 26 (2) The term "qualified property" means property 27 which: 28 (A) is tangible, whether new or used, 29 including buildings and structural components of 30 buildings and signs that are real property, but not 31 including land or improvements to real property that 32 are not a structural component of a building such as 33 landscaping, sewer lines, local access roads, 34 fencing, parking lots, and other appurtenances; HB0708 Enrolled -163- LRB9203186EGfg 1 (B) is depreciable pursuant to Section 167 of 2 the Internal Revenue Code, except that "3-year 3 property" as defined in Section 168(c)(2)(A) of that 4 Code is not eligible for the credit provided by this 5 subsection (e); 6 (C) is acquired by purchase as defined in 7 Section 179(d) of the Internal Revenue Code; 8 (D) is used in Illinois by a taxpayer who is 9 primarily engaged in manufacturing, or in mining 10 coal or fluorite, or in retailing; and 11 (E) has not previously been used in Illinois 12 in such a manner and by such a person as would 13 qualify for the credit provided by this subsection 14 (e) or subsection (f). 15 (3) For purposes of this subsection (e), 16 "manufacturing" means the material staging and production 17 of tangible personal property by procedures commonly 18 regarded as manufacturing, processing, fabrication, or 19 assembling which changes some existing material into new 20 shapes, new qualities, or new combinations. For purposes 21 of this subsection (e) the term "mining" shall have the 22 same meaning as the term "mining" in Section 613(c) of 23 the Internal Revenue Code. For purposes of this 24 subsection (e), the term "retailing" means the sale of 25 tangible personal property or services rendered in 26 conjunction with the sale of tangible consumer goods or 27 commodities. 28 (4) The basis of qualified property shall be the 29 basis used to compute the depreciation deduction for 30 federal income tax purposes. 31 (5) If the basis of the property for federal income 32 tax depreciation purposes is increased after it has been 33 placed in service in Illinois by the taxpayer, the amount 34 of such increase shall be deemed property placed in HB0708 Enrolled -164- LRB9203186EGfg 1 service on the date of such increase in basis. 2 (6) The term "placed in service" shall have the 3 same meaning as under Section 46 of the Internal Revenue 4 Code. 5 (7) If during any taxable year, any property ceases 6 to be qualified property in the hands of the taxpayer 7 within 48 months after being placed in service, or the 8 situs of any qualified property is moved outside Illinois 9 within 48 months after being placed in service, the 10 Personal Property Tax Replacement Income Tax for such 11 taxable year shall be increased. Such increase shall be 12 determined by (i) recomputing the investment credit which 13 would have been allowed for the year in which credit for 14 such property was originally allowed by eliminating such 15 property from such computation and, (ii) subtracting such 16 recomputed credit from the amount of credit previously 17 allowed. For the purposes of this paragraph (7), a 18 reduction of the basis of qualified property resulting 19 from a redetermination of the purchase price shall be 20 deemed a disposition of qualified property to the extent 21 of such reduction. 22 (8) Unless the investment credit is extended by 23 law, the basis of qualified property shall not include 24 costs incurred after December 31, 2003, except for costs 25 incurred pursuant to a binding contract entered into on 26 or before December 31, 2003. 27 (9) Each taxable year ending before December 31, 28 2000, a partnership may elect to pass through to its 29 partners the credits to which the partnership is entitled 30 under this subsection (e) for the taxable year. A 31 partner may use the credit allocated to him or her under 32 this paragraph only against the tax imposed in 33 subsections (c) and (d) of this Section. If the 34 partnership makes that election, those credits shall be HB0708 Enrolled -165- LRB9203186EGfg 1 allocated among the partners in the partnership in 2 accordance with the rules set forth in Section 704(b) of 3 the Internal Revenue Code, and the rules promulgated 4 under that Section, and the allocated amount of the 5 credits shall be allowed to the partners for that taxable 6 year. The partnership shall make this election on its 7 Personal Property Tax Replacement Income Tax return for 8 that taxable year. The election to pass through the 9 credits shall be irrevocable. 10 For taxable years ending on or after December 31, 11 2000, a partner that qualifies its partnership for a 12 subtraction under subparagraph (I) of paragraph (2) of 13 subsection (d) of Section 203 or a shareholder that 14 qualifies a Subchapter S corporation for a subtraction 15 under subparagraph (S) of paragraph (2) of subsection (b) 16 of Section 203 shall be allowed a credit under this 17 subsection (e) equal to its share of the credit earned 18 under this subsection (e) during the taxable year by the 19 partnership or Subchapter S corporation, determined in 20 accordance with the determination of income and 21 distributive share of income under Sections 702 and 704 22 and Subchapter S of the Internal Revenue Code. This 23 paragraph is exempt from the provisions of Section 250. 24 (f) Investment credit; Enterprise Zone. 25 (1) A taxpayer shall be allowed a credit against 26 the tax imposed by subsections (a) and (b) of this 27 Section for investment in qualified property which is 28 placed in service in an Enterprise Zone created pursuant 29 to the Illinois Enterprise Zone Act. For partners, 30 shareholders of Subchapter S corporations, and owners of 31 limited liability companies, if the liability company is 32 treated as a partnership for purposes of federal and 33 State income taxation, there shall be allowed a credit 34 under this subsection (f) to be determined in accordance HB0708 Enrolled -166- LRB9203186EGfg 1 with the determination of income and distributive share 2 of income under Sections 702 and 704 and Subchapter S of 3 the Internal Revenue Code. The credit shall be .5% of the 4 basis for such property. The credit shall be available 5 only in the taxable year in which the property is placed 6 in service in the Enterprise Zone and shall not be 7 allowed to the extent that it would reduce a taxpayer's 8 liability for the tax imposed by subsections (a) and (b) 9 of this Section to below zero. For tax years ending on or 10 after December 31, 1985, the credit shall be allowed for 11 the tax year in which the property is placed in service, 12 or, if the amount of the credit exceeds the tax liability 13 for that year, whether it exceeds the original liability 14 or the liability as later amended, such excess may be 15 carried forward and applied to the tax liability of the 5 16 taxable years following the excess credit year. The 17 credit shall be applied to the earliest year for which 18 there is a liability. If there is credit from more than 19 one tax year that is available to offset a liability, the 20 credit accruing first in time shall be applied first. 21 (2) The term qualified property means property 22 which: 23 (A) is tangible, whether new or used, 24 including buildings and structural components of 25 buildings; 26 (B) is depreciable pursuant to Section 167 of 27 the Internal Revenue Code, except that "3-year 28 property" as defined in Section 168(c)(2)(A) of that 29 Code is not eligible for the credit provided by this 30 subsection (f); 31 (C) is acquired by purchase as defined in 32 Section 179(d) of the Internal Revenue Code; 33 (D) is used in the Enterprise Zone by the 34 taxpayer; and HB0708 Enrolled -167- LRB9203186EGfg 1 (E) has not been previously used in Illinois 2 in such a manner and by such a person as would 3 qualify for the credit provided by this subsection 4 (f) or subsection (e). 5 (3) The basis of qualified property shall be the 6 basis used to compute the depreciation deduction for 7 federal income tax purposes. 8 (4) If the basis of the property for federal income 9 tax depreciation purposes is increased after it has been 10 placed in service in the Enterprise Zone by the taxpayer, 11 the amount of such increase shall be deemed property 12 placed in service on the date of such increase in basis. 13 (5) The term "placed in service" shall have the 14 same meaning as under Section 46 of the Internal Revenue 15 Code. 16 (6) If during any taxable year, any property ceases 17 to be qualified property in the hands of the taxpayer 18 within 48 months after being placed in service, or the 19 situs of any qualified property is moved outside the 20 Enterprise Zone within 48 months after being placed in 21 service, the tax imposed under subsections (a) and (b) of 22 this Section for such taxable year shall be increased. 23 Such increase shall be determined by (i) recomputing the 24 investment credit which would have been allowed for the 25 year in which credit for such property was originally 26 allowed by eliminating such property from such 27 computation, and (ii) subtracting such recomputed credit 28 from the amount of credit previously allowed. For the 29 purposes of this paragraph (6), a reduction of the basis 30 of qualified property resulting from a redetermination of 31 the purchase price shall be deemed a disposition of 32 qualified property to the extent of such reduction. 33 (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade 34 Zone or Sub-Zone. HB0708 Enrolled -168- LRB9203186EGfg 1 (1) A taxpayer conducting a trade or business in an 2 enterprise zone or a High Impact Business designated by 3 the Department of Commerce and Community Affairs 4 conducting a trade or business in a federally designated 5 Foreign Trade Zone or Sub-Zone shall be allowed a credit 6 against the tax imposed by subsections (a) and (b) of 7 this Section in the amount of $500 per eligible employee 8 hired to work in the zone during the taxable year. 9 (2) To qualify for the credit: 10 (A) the taxpayer must hire 5 or more eligible 11 employees to work in an enterprise zone or federally 12 designated Foreign Trade Zone or Sub-Zone during the 13 taxable year; 14 (B) the taxpayer's total employment within the 15 enterprise zone or federally designated Foreign 16 Trade Zone or Sub-Zone must increase by 5 or more 17 full-time employees beyond the total employed in 18 that zone at the end of the previous tax year for 19 which a jobs tax credit under this Section was 20 taken, or beyond the total employed by the taxpayer 21 as of December 31, 1985, whichever is later; and 22 (C) the eligible employees must be employed 23 180 consecutive days in order to be deemed hired for 24 purposes of this subsection. 25 (3) An "eligible employee" means an employee who 26 is: 27 (A) Certified by the Department of Commerce 28 and Community Affairs as "eligible for services" 29 pursuant to regulations promulgated in accordance 30 with Title II of the Job Training Partnership Act, 31 Training Services for the Disadvantaged or Title III 32 of the Job Training Partnership Act, Employment and 33 Training Assistance for Dislocated Workers Program. 34 (B) Hired after the enterprise zone or HB0708 Enrolled -169- LRB9203186EGfg 1 federally designated Foreign Trade Zone or Sub-Zone 2 was designated or the trade or business was located 3 in that zone, whichever is later. 4 (C) Employed in the enterprise zone or Foreign 5 Trade Zone or Sub-Zone. An employee is employed in 6 an enterprise zone or federally designated Foreign 7 Trade Zone or Sub-Zone if his services are rendered 8 there or it is the base of operations for the 9 services performed. 10 (D) A full-time employee working 30 or more 11 hours per week. 12 (4) For tax years ending on or after December 31, 13 1985 and prior to December 31, 1988, the credit shall be 14 allowed for the tax year in which the eligible employees 15 are hired. For tax years ending on or after December 31, 16 1988, the credit shall be allowed for the tax year 17 immediately following the tax year in which the eligible 18 employees are hired. If the amount of the credit exceeds 19 the tax liability for that year, whether it exceeds the 20 original liability or the liability as later amended, 21 such excess may be carried forward and applied to the tax 22 liability of the 5 taxable years following the excess 23 credit year. The credit shall be applied to the earliest 24 year for which there is a liability. If there is credit 25 from more than one tax year that is available to offset a 26 liability, earlier credit shall be applied first. 27 (5) The Department of Revenue shall promulgate such 28 rules and regulations as may be deemed necessary to carry 29 out the purposes of this subsection (g). 30 (6) The credit shall be available for eligible 31 employees hired on or after January 1, 1986. 32 (h) Investment credit; High Impact Business. 33 (1) Subject to subsection (b) of Section 5.5 of the 34 Illinois Enterprise Zone Act, a taxpayer shall be allowed HB0708 Enrolled -170- LRB9203186EGfg 1 a credit against the tax imposed by subsections (a) and 2 (b) of this Section for investment in qualified property 3 which is placed in service by a Department of Commerce 4 and Community Affairs designated High Impact Business. 5 The credit shall be .5% of the basis for such property. 6 The credit shall not be available until the minimum 7 investments in qualified property set forth in Section 8 5.5 of the Illinois Enterprise Zone Act have been 9 satisfied and shall not be allowed to the extent that it 10 would reduce a taxpayer's liability for the tax imposed 11 by subsections (a) and (b) of this Section to below zero. 12 The credit applicable to such minimum investments shall 13 be taken in the taxable year in which such minimum 14 investments have been completed. The credit for 15 additional investments beyond the minimum investment by a 16 designated high impact business shall be available only 17 in the taxable year in which the property is placed in 18 service and shall not be allowed to the extent that it 19 would reduce a taxpayer's liability for the tax imposed 20 by subsections (a) and (b) of this Section to below zero. 21 For tax years ending on or after December 31, 1987, the 22 credit shall be allowed for the tax year in which the 23 property is placed in service, or, if the amount of the 24 credit exceeds the tax liability for that year, whether 25 it exceeds the original liability or the liability as 26 later amended, such excess may be carried forward and 27 applied to the tax liability of the 5 taxable years 28 following the excess credit year. The credit shall be 29 applied to the earliest year for which there is a 30 liability. If there is credit from more than one tax 31 year that is available to offset a liability, the credit 32 accruing first in time shall be applied first. 33 Changes made in this subdivision (h)(1) by Public 34 Act 88-670 restore changes made by Public Act 85-1182 and HB0708 Enrolled -171- LRB9203186EGfg 1 reflect existing law. 2 (2) The term qualified property means property 3 which: 4 (A) is tangible, whether new or used, 5 including buildings and structural components of 6 buildings; 7 (B) is depreciable pursuant to Section 167 of 8 the Internal Revenue Code, except that "3-year 9 property" as defined in Section 168(c)(2)(A) of that 10 Code is not eligible for the credit provided by this 11 subsection (h); 12 (C) is acquired by purchase as defined in 13 Section 179(d) of the Internal Revenue Code; and 14 (D) is not eligible for the Enterprise Zone 15 Investment Credit provided by subsection (f) of this 16 Section. 17 (3) The basis of qualified property shall be the 18 basis used to compute the depreciation deduction for 19 federal income tax purposes. 20 (4) If the basis of the property for federal income 21 tax depreciation purposes is increased after it has been 22 placed in service in a federally designated Foreign Trade 23 Zone or Sub-Zone located in Illinois by the taxpayer, the 24 amount of such increase shall be deemed property placed 25 in service on the date of such increase in basis. 26 (5) The term "placed in service" shall have the 27 same meaning as under Section 46 of the Internal Revenue 28 Code. 29 (6) If during any taxable year ending on or before 30 December 31, 1996, any property ceases to be qualified 31 property in the hands of the taxpayer within 48 months 32 after being placed in service, or the situs of any 33 qualified property is moved outside Illinois within 48 34 months after being placed in service, the tax imposed HB0708 Enrolled -172- LRB9203186EGfg 1 under subsections (a) and (b) of this Section for such 2 taxable year shall be increased. Such increase shall be 3 determined by (i) recomputing the investment credit which 4 would have been allowed for the year in which credit for 5 such property was originally allowed by eliminating such 6 property from such computation, and (ii) subtracting such 7 recomputed credit from the amount of credit previously 8 allowed. For the purposes of this paragraph (6), a 9 reduction of the basis of qualified property resulting 10 from a redetermination of the purchase price shall be 11 deemed a disposition of qualified property to the extent 12 of such reduction. 13 (7) Beginning with tax years ending after December 14 31, 1996, if a taxpayer qualifies for the credit under 15 this subsection (h) and thereby is granted a tax 16 abatement and the taxpayer relocates its entire facility 17 in violation of the explicit terms and length of the 18 contract under Section 18-183 of the Property Tax Code, 19 the tax imposed under subsections (a) and (b) of this 20 Section shall be increased for the taxable year in which 21 the taxpayer relocated its facility by an amount equal to 22 the amount of credit received by the taxpayer under this 23 subsection (h). 24 (i) A credit shall be allowed against the tax imposed by 25 subsections (a) and (b) of this Section for the tax imposed 26 by subsections (c) and (d) of this Section. This credit 27 shall be computed by multiplying the tax imposed by 28 subsections (c) and (d) of this Section by a fraction, the 29 numerator of which is base income allocable to Illinois and 30 the denominator of which is Illinois base income, and further 31 multiplying the product by the tax rate imposed by 32 subsections (a) and (b) of this Section. 33 Any credit earned on or after December 31, 1986 under 34 this subsection which is unused in the year the credit is HB0708 Enrolled -173- LRB9203186EGfg 1 computed because it exceeds the tax liability imposed by 2 subsections (a) and (b) for that year (whether it exceeds the 3 original liability or the liability as later amended) may be 4 carried forward and applied to the tax liability imposed by 5 subsections (a) and (b) of the 5 taxable years following the 6 excess credit year. This credit shall be applied first to 7 the earliest year for which there is a liability. If there 8 is a credit under this subsection from more than one tax year 9 that is available to offset a liability the earliest credit 10 arising under this subsection shall be applied first. 11 If, during any taxable year ending on or after December 12 31, 1986, the tax imposed by subsections (c) and (d) of this 13 Section for which a taxpayer has claimed a credit under this 14 subsection (i) is reduced, the amount of credit for such tax 15 shall also be reduced. Such reduction shall be determined by 16 recomputing the credit to take into account the reduced tax 17 imposed by subsection (c) and (d). If any portion of the 18 reduced amount of credit has been carried to a different 19 taxable year, an amended return shall be filed for such 20 taxable year to reduce the amount of credit claimed. 21 (j) Training expense credit. Beginning with tax years 22 ending on or after December 31, 1986, a taxpayer shall be 23 allowed a credit against the tax imposed by subsection (a) 24 and (b) under this Section for all amounts paid or accrued, 25 on behalf of all persons employed by the taxpayer in Illinois 26 or Illinois residents employed outside of Illinois by a 27 taxpayer, for educational or vocational training in 28 semi-technical or technical fields or semi-skilled or skilled 29 fields, which were deducted from gross income in the 30 computation of taxable income. The credit against the tax 31 imposed by subsections (a) and (b) shall be 1.6% of such 32 training expenses. For partners, shareholders of subchapter 33 S corporations, and owners of limited liability companies, if 34 the liability company is treated as a partnership for HB0708 Enrolled -174- LRB9203186EGfg 1 purposes of federal and State income taxation, there shall be 2 allowed a credit under this subsection (j) to be determined 3 in accordance with the determination of income and 4 distributive share of income under Sections 702 and 704 and 5 subchapter S of the Internal Revenue Code. 6 Any credit allowed under this subsection which is unused 7 in the year the credit is earned may be carried forward to 8 each of the 5 taxable years following the year for which the 9 credit is first computed until it is used. This credit shall 10 be applied first to the earliest year for which there is a 11 liability. If there is a credit under this subsection from 12 more than one tax year that is available to offset a 13 liability the earliest credit arising under this subsection 14 shall be applied first. 15 (k) Research and development credit. 16 Beginning with tax years ending after July 1, 1990, a 17 taxpayer shall be allowed a credit against the tax imposed by 18 subsections (a) and (b) of this Section for increasing 19 research activities in this State. The credit allowed 20 against the tax imposed by subsections (a) and (b) shall be 21 equal to 6 1/2% of the qualifying expenditures for increasing 22 research activities in this State. For partners, shareholders 23 of subchapter S corporations, and owners of limited liability 24 companies, if the liability company is treated as a 25 partnership for purposes of federal and State income 26 taxation, there shall be allowed a credit under this 27 subsection to be determined in accordance with the 28 determination of income and distributive share of income 29 under Sections 702 and 704 and subchapter S of the Internal 30 Revenue Code. 31 For purposes of this subsection, "qualifying 32 expenditures" means the qualifying expenditures as defined 33 for the federal credit for increasing research activities 34 which would be allowable under Section 41 of the Internal HB0708 Enrolled -175- LRB9203186EGfg 1 Revenue Code and which are conducted in this State, 2 "qualifying expenditures for increasing research activities 3 in this State" means the excess of qualifying expenditures 4 for the taxable year in which incurred over qualifying 5 expenditures for the base period, "qualifying expenditures 6 for the base period" means the average of the qualifying 7 expenditures for each year in the base period, and "base 8 period" means the 3 taxable years immediately preceding the 9 taxable year for which the determination is being made. 10 Any credit in excess of the tax liability for the taxable 11 year may be carried forward. A taxpayer may elect to have the 12 unused credit shown on its final completed return carried 13 over as a credit against the tax liability for the following 14 5 taxable years or until it has been fully used, whichever 15 occurs first. 16 If an unused credit is carried forward to a given year 17 from 2 or more earlier years, that credit arising in the 18 earliest year will be applied first against the tax liability 19 for the given year. If a tax liability for the given year 20 still remains, the credit from the next earliest year will 21 then be applied, and so on, until all credits have been used 22 or no tax liability for the given year remains. Any 23 remaining unused credit or credits then will be carried 24 forward to the next following year in which a tax liability 25 is incurred, except that no credit can be carried forward to 26 a year which is more than 5 years after the year in which the 27 expense for which the credit is given was incurred. 28 Unless extended by law, the credit shall not include 29 costs incurred after December 31, 2004, except for costs 30 incurred pursuant to a binding contract entered into on or 31 before December 31, 2004. 32 No inference shall be drawn from this amendatory Act of 33 the 91st General Assembly in construing this Section for 34 taxable years beginning before January 1, 1999. HB0708 Enrolled -176- LRB9203186EGfg 1 (l) Environmental Remediation Tax Credit. 2 (i) For tax years ending after December 31, 1997 3 and on or before December 31, 2001, a taxpayer shall be 4 allowed a credit against the tax imposed by subsections 5 (a) and (b) of this Section for certain amounts paid for 6 unreimbursed eligible remediation costs, as specified in 7 this subsection. For purposes of this Section, 8 "unreimbursed eligible remediation costs" means costs 9 approved by the Illinois Environmental Protection Agency 10 ("Agency") under Section 58.14 of the Environmental 11 Protection Act that were paid in performing environmental 12 remediation at a site for which a No Further Remediation 13 Letter was issued by the Agency and recorded under 14 Section 58.10 of the Environmental Protection Act. The 15 credit must be claimed for the taxable year in which 16 Agency approval of the eligible remediation costs is 17 granted. The credit is not available to any taxpayer if 18 the taxpayer or any related party caused or contributed 19 to, in any material respect, a release of regulated 20 substances on, in, or under the site that was identified 21 and addressed by the remedial action pursuant to the Site 22 Remediation Program of the Environmental Protection Act. 23 After the Pollution Control Board rules are adopted 24 pursuant to the Illinois Administrative Procedure Act for 25 the administration and enforcement of Section 58.9 of the 26 Environmental Protection Act, determinations as to credit 27 availability for purposes of this Section shall be made 28 consistent with those rules. For purposes of this 29 Section, "taxpayer" includes a person whose tax 30 attributes the taxpayer has succeeded to under Section 31 381 of the Internal Revenue Code and "related party" 32 includes the persons disallowed a deduction for losses by 33 paragraphs (b), (c), and (f)(1) of Section 267 of the 34 Internal Revenue Code by virtue of being a related HB0708 Enrolled -177- LRB9203186EGfg 1 taxpayer, as well as any of its partners. The credit 2 allowed against the tax imposed by subsections (a) and 3 (b) shall be equal to 25% of the unreimbursed eligible 4 remediation costs in excess of $100,000 per site, except 5 that the $100,000 threshold shall not apply to any site 6 contained in an enterprise zone as determined by the 7 Department of Commerce and Community Affairs. The total 8 credit allowed shall not exceed $40,000 per year with a 9 maximum total of $150,000 per site. For partners and 10 shareholders of subchapter S corporations, there shall be 11 allowed a credit under this subsection to be determined 12 in accordance with the determination of income and 13 distributive share of income under Sections 702 and 704 14 andofsubchapter S of the Internal Revenue Code. 15 (ii) A credit allowed under this subsection that is 16 unused in the year the credit is earned may be carried 17 forward to each of the 5 taxable years following the year 18 for which the credit is first earned until it is used. 19 The term "unused credit" does not include any amounts of 20 unreimbursed eligible remediation costs in excess of the 21 maximum credit per site authorized under paragraph (i). 22 This credit shall be applied first to the earliest year 23 for which there is a liability. If there is a credit 24 under this subsection from more than one tax year that is 25 available to offset a liability, the earliest credit 26 arising under this subsection shall be applied first. A 27 credit allowed under this subsection may be sold to a 28 buyer as part of a sale of all or part of the remediation 29 site for which the credit was granted. The purchaser of 30 a remediation site and the tax credit shall succeed to 31 the unused credit and remaining carry-forward period of 32 the seller. To perfect the transfer, the assignor shall 33 record the transfer in the chain of title for the site 34 and provide written notice to the Director of the HB0708 Enrolled -178- LRB9203186EGfg 1 Illinois Department of Revenue of the assignor's intent 2 to sell the remediation site and the amount of the tax 3 credit to be transferred as a portion of the sale. In no 4 event may a credit be transferred to any taxpayer if the 5 taxpayer or a related party would not be eligible under 6 the provisions of subsection (i). 7 (iii) For purposes of this Section, the term "site" 8 shall have the same meaning as under Section 58.2 of the 9 Environmental Protection Act. 10 (m) Education expense credit. 11 Beginning with tax years ending after December 31, 1999, 12 a taxpayer who is the custodian of one or more qualifying 13 pupils shall be allowed a credit against the tax imposed by 14 subsections (a) and (b) of this Section for qualified 15 education expenses incurred on behalf of the qualifying 16 pupils. The credit shall be equal to 25% of qualified 17 education expenses, but in no event may the total credit 18 under this Section claimed by a family that is the custodian 19 of qualifying pupils exceed $500. In no event shall a credit 20 under this subsection reduce the taxpayer's liability under 21 this Act to less than zero. This subsection is exempt from 22 the provisions of Section 250 of this Act. 23 For purposes of this subsection; 24 "Qualifying pupils" means individuals who (i) are 25 residents of the State of Illinois, (ii) are under the age of 26 21 at the close of the school year for which a credit is 27 sought, and (iii) during the school year for which a credit 28 is sought were full-time pupils enrolled in a kindergarten 29 through twelfth grade education program at any school, as 30 defined in this subsection. 31 "Qualified education expense" means the amount incurred 32 on behalf of a qualifying pupil in excess of $250 for 33 tuition, book fees, and lab fees at the school in which the 34 pupil is enrolled during the regular school year. HB0708 Enrolled -179- LRB9203186EGfg 1 "School" means any public or nonpublic elementary or 2 secondary school in Illinois that is in compliance with Title 3 VI of the Civil Rights Act of 1964 and attendance at which 4 satisfies the requirements of Section 26-1 of the School 5 Code, except that nothing shall be construed to require a 6 child to attend any particular public or nonpublic school to 7 qualify for the credit under this Section. 8 "Custodian" means, with respect to qualifying pupils, an 9 Illinois resident who is a parent, the parents, a legal 10 guardian, or the legal guardians of the qualifying pupils. 11 (Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97; 12 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 13 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff. 14 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860, 15 eff. 6-22-00; 91-913, eff. 1-1-01; revised 10-24-00.) 16 (35 ILCS 5/203) (from Ch. 120, par. 2-203) 17 Sec. 203. Base income defined. 18 (a) Individuals. 19 (1) In general. In the case of an individual, base 20 income means an amount equal to the taxpayer's adjusted 21 gross income for the taxable year as modified by 22 paragraph (2). 23 (2) Modifications. The adjusted gross income 24 referred to in paragraph (1) shall be modified by adding 25 thereto the sum of the following amounts: 26 (A) An amount equal to all amounts paid or 27 accrued to the taxpayer as interest or dividends 28 during the taxable year to the extent excluded from 29 gross income in the computation of adjusted gross 30 income, except stock dividends of qualified public 31 utilities described in Section 305(e) of the 32 Internal Revenue Code; 33 (B) An amount equal to the amount of tax HB0708 Enrolled -180- LRB9203186EGfg 1 imposed by this Act to the extent deducted from 2 gross income in the computation of adjusted gross 3 income for the taxable year; 4 (C) An amount equal to the amount received 5 during the taxable year as a recovery or refund of 6 real property taxes paid with respect to the 7 taxpayer's principal residence under the Revenue Act 8 of 1939 and for which a deduction was previously 9 taken under subparagraph (L) of this paragraph (2) 10 prior to July 1, 1991, the retrospective application 11 date of Article 4 of Public Act 87-17. In the case 12 of multi-unit or multi-use structures and farm 13 dwellings, the taxes on the taxpayer's principal 14 residence shall be that portion of the total taxes 15 for the entire property which is attributable to 16 such principal residence; 17 (D) An amount equal to the amount of the 18 capital gain deduction allowable under the Internal 19 Revenue Code, to the extent deducted from gross 20 income in the computation of adjusted gross income; 21 (D-5) An amount, to the extent not included in 22 adjusted gross income, equal to the amount of money 23 withdrawn by the taxpayer in the taxable year from a 24 medical care savings account and the interest earned 25 on the account in the taxable year of a withdrawal 26 pursuant to subsection (b) of Section 20 of the 27 Medical Care Savings Account Act or subsection (b) 28 of Section 20 of the Medical Care Savings Account 29 Act of 2000; and 30 (D-10) For taxable years ending after December 31 31, 1997, an amount equal to any eligible 32 remediation costs that the individual deducted in 33 computing adjusted gross income and for which the 34 individual claims a credit under subsection (l) of HB0708 Enrolled -181- LRB9203186EGfg 1 Section 201; 2 and by deducting from the total so obtained the sum of 3 the following amounts: 4 (E) Any amount included in such total in 5 respect of any compensation (including but not 6 limited to any compensation paid or accrued to a 7 serviceman while a prisoner of war or missing in 8 action) paid to a resident by reason of being on 9 active duty in the Armed Forces of the United States 10 and in respect of any compensation paid or accrued 11 to a resident who as a governmental employee was a 12 prisoner of war or missing in action, and in respect 13 of any compensation paid to a resident in 1971 or 14 thereafter for annual training performed pursuant to 15 Sections 502 and 503, Title 32, United States Code 16 as a member of the Illinois National Guard; 17 (F) An amount equal to all amounts included in 18 such total pursuant to the provisions of Sections 19 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and 20 408 of the Internal Revenue Code, or included in 21 such total as distributions under the provisions of 22 any retirement or disability plan for employees of 23 any governmental agency or unit, or retirement 24 payments to retired partners, which payments are 25 excluded in computing net earnings from self 26 employment by Section 1402 of the Internal Revenue 27 Code and regulations adopted pursuant thereto; 28 (G) The valuation limitation amount; 29 (H) An amount equal to the amount of any tax 30 imposed by this Act which was refunded to the 31 taxpayer and included in such total for the taxable 32 year; 33 (I) An amount equal to all amounts included in 34 such total pursuant to the provisions of Section 111 HB0708 Enrolled -182- LRB9203186EGfg 1 of the Internal Revenue Code as a recovery of items 2 previously deducted from adjusted gross income in 3 the computation of taxable income; 4 (J) An amount equal to those dividends 5 included in such total which were paid by a 6 corporation which conducts business operations in an 7 Enterprise Zone or zones created under the Illinois 8 Enterprise Zone Act, and conducts substantially all 9 of its operations in an Enterprise Zone or zones; 10 (K) An amount equal to those dividends 11 included in such total that were paid by a 12 corporation that conducts business operations in a 13 federally designated Foreign Trade Zone or Sub-Zone 14 and that is designated a High Impact Business 15 located in Illinois; provided that dividends 16 eligible for the deduction provided in subparagraph 17 (J) of paragraph (2) of this subsection shall not be 18 eligible for the deduction provided under this 19 subparagraph (K); 20 (L) For taxable years ending after December 21 31, 1983, an amount equal to all social security 22 benefits and railroad retirement benefits included 23 in such total pursuant to Sections 72(r) and 86 of 24 the Internal Revenue Code; 25 (M) With the exception of any amounts 26 subtracted under subparagraph (N), an amount equal 27 to the sum of all amounts disallowed as deductions 28 by (i) Sections 171(a) (2), and 265(2) of the 29 Internal Revenue Code of 1954, as now or hereafter 30 amended, and all amounts of expenses allocable to 31 interest and disallowed as deductions by Section 32 265(1) of the Internal Revenue Code of 1954, as now 33 or hereafter amended; and (ii) for taxable years 34 ending on or after August 13, 1999, Sections HB0708 Enrolled -183- LRB9203186EGfg 1 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the 2 Internal Revenue Code; the provisions of this 3 subparagraph are exempt from the provisions of 4 Section 250; 5 (N) An amount equal to all amounts included in 6 such total which are exempt from taxation by this 7 State either by reason of its statutes or 8 Constitution or by reason of the Constitution, 9 treaties or statutes of the United States; provided 10 that, in the case of any statute of this State that 11 exempts income derived from bonds or other 12 obligations from the tax imposed under this Act, the 13 amount exempted shall be the interest net of bond 14 premium amortization; 15 (O) An amount equal to any contribution made 16 to a job training project established pursuant to 17 the Tax Increment Allocation Redevelopment Act; 18 (P) An amount equal to the amount of the 19 deduction used to compute the federal income tax 20 credit for restoration of substantial amounts held 21 under claim of right for the taxable year pursuant 22 to Section 1341 of the Internal Revenue Code of 23 1986; 24 (Q) An amount equal to any amounts included in 25 such total, received by the taxpayer as an 26 acceleration in the payment of life, endowment or 27 annuity benefits in advance of the time they would 28 otherwise be payable as an indemnity for a terminal 29 illness; 30 (R) An amount equal to the amount of any 31 federal or State bonus paid to veterans of the 32 Persian Gulf War; 33 (S) An amount, to the extent included in 34 adjusted gross income, equal to the amount of a HB0708 Enrolled -184- LRB9203186EGfg 1 contribution made in the taxable year on behalf of 2 the taxpayer to a medical care savings account 3 established under the Medical Care Savings Account 4 Act or the Medical Care Savings Account Act of 2000 5 to the extent the contribution is accepted by the 6 account administrator as provided in that Act; 7 (T) An amount, to the extent included in 8 adjusted gross income, equal to the amount of 9 interest earned in the taxable year on a medical 10 care savings account established under the Medical 11 Care Savings Account Act or the Medical Care Savings 12 Account Act of 2000 on behalf of the taxpayer, other 13 than interest added pursuant to item (D-5) of this 14 paragraph (2); 15 (U) For one taxable year beginning on or after 16 January 1, 1994, an amount equal to the total amount 17 of tax imposed and paid under subsections (a) and 18 (b) of Section 201 of this Act on grant amounts 19 received by the taxpayer under the Nursing Home 20 Grant Assistance Act during the taxpayer's taxable 21 years 1992 and 1993; 22 (V) Beginning with tax years ending on or 23 after December 31, 1995 and ending with tax years 24 ending on or before December 31, 2004, an amount 25 equal to the amount paid by a taxpayer who is a 26 self-employed taxpayer, a partner of a partnership, 27 or a shareholder in a Subchapter S corporation for 28 health insurance or long-term care insurance for 29 that taxpayer or that taxpayer's spouse or 30 dependents, to the extent that the amount paid for 31 that health insurance or long-term care insurance 32 may be deducted under Section 213 of the Internal 33 Revenue Code of 1986, has not been deducted on the 34 federal income tax return of the taxpayer, and does HB0708 Enrolled -185- LRB9203186EGfg 1 not exceed the taxable income attributable to that 2 taxpayer's income, self-employment income, or 3 Subchapter S corporation income; except that no 4 deduction shall be allowed under this item (V) if 5 the taxpayer is eligible to participate in any 6 health insurance or long-term care insurance plan of 7 an employer of the taxpayer or the taxpayer's 8 spouse. The amount of the health insurance and 9 long-term care insurance subtracted under this item 10 (V) shall be determined by multiplying total health 11 insurance and long-term care insurance premiums paid 12 by the taxpayer times a number that represents the 13 fractional percentage of eligible medical expenses 14 under Section 213 of the Internal Revenue Code of 15 1986 not actually deducted on the taxpayer's federal 16 income tax return; 17 (W) For taxable years beginning on or after 18 January 1, 1998, all amounts included in the 19 taxpayer's federal gross income in the taxable year 20 from amounts converted from a regular IRA to a Roth 21 IRA. This paragraph is exempt from the provisions of 22 Section 250; and 23 (X) For taxable year 1999 and thereafter, an 24 amount equal to the amount of any (i) distributions, 25 to the extent includible in gross income for federal 26 income tax purposes, made to the taxpayer because of 27 his or her status as a victim of persecution for 28 racial or religious reasons by Nazi Germany or any 29 other Axis regime or as an heir of the victim and 30 (ii) items of income, to the extent includible in 31 gross income for federal income tax purposes, 32 attributable to, derived from or in any way related 33 to assets stolen from, hidden from, or otherwise 34 lost to a victim of persecution for racial or HB0708 Enrolled -186- LRB9203186EGfg 1 religious reasons by Nazi Germany or any other Axis 2 regime immediately prior to, during, and immediately 3 after World War II, including, but not limited to, 4 interest on the proceeds receivable as insurance 5 under policies issued to a victim of persecution for 6 racial or religious reasons by Nazi Germany or any 7 other Axis regime by European insurance companies 8 immediately prior to and during World War II; 9 provided, however, this subtraction from federal 10 adjusted gross income does not apply to assets 11 acquired with such assets or with the proceeds from 12 the sale of such assets; provided, further, this 13 paragraph shall only apply to a taxpayer who was the 14 first recipient of such assets after their recovery 15 and who is a victim of persecution for racial or 16 religious reasons by Nazi Germany or any other Axis 17 regime or as an heir of the victim. The amount of 18 and the eligibility for any public assistance, 19 benefit, or similar entitlement is not affected by 20 the inclusion of items (i) and (ii) of this 21 paragraph in gross income for federal income tax 22 purposes. This paragraph is exempt from the 23 provisions of Section 250. 24 (b) Corporations. 25 (1) In general. In the case of a corporation, base 26 income means an amount equal to the taxpayer's taxable 27 income for the taxable year as modified by paragraph (2). 28 (2) Modifications. The taxable income referred to 29 in paragraph (1) shall be modified by adding thereto the 30 sum of the following amounts: 31 (A) An amount equal to all amounts paid or 32 accrued to the taxpayer as interest and all 33 distributions received from regulated investment 34 companies during the taxable year to the extent HB0708 Enrolled -187- LRB9203186EGfg 1 excluded from gross income in the computation of 2 taxable income; 3 (B) An amount equal to the amount of tax 4 imposed by this Act to the extent deducted from 5 gross income in the computation of taxable income 6 for the taxable year; 7 (C) In the case of a regulated investment 8 company, an amount equal to the excess of (i) the 9 net long-term capital gain for the taxable year, 10 over (ii) the amount of the capital gain dividends 11 designated as such in accordance with Section 12 852(b)(3)(C) of the Internal Revenue Code and any 13 amount designated under Section 852(b)(3)(D) of the 14 Internal Revenue Code, attributable to the taxable 15 year (this amendatory Act of 1995 (Public Act 89-89) 16 is declarative of existing law and is not a new 17 enactment); 18 (D) The amount of any net operating loss 19 deduction taken in arriving at taxable income, other 20 than a net operating loss carried forward from a 21 taxable year ending prior to December 31, 1986; 22 (E) For taxable years in which a net operating 23 loss carryback or carryforward from a taxable year 24 ending prior to December 31, 1986 is an element of 25 taxable income under paragraph (1) of subsection (e) 26 or subparagraph (E) of paragraph (2) of subsection 27 (e), the amount by which addition modifications 28 other than those provided by this subparagraph (E) 29 exceeded subtraction modifications in such earlier 30 taxable year, with the following limitations applied 31 in the order that they are listed: 32 (i) the addition modification relating to 33 the net operating loss carried back or forward 34 to the taxable year from any taxable year HB0708 Enrolled -188- LRB9203186EGfg 1 ending prior to December 31, 1986 shall be 2 reduced by the amount of addition modification 3 under this subparagraph (E) which related to 4 that net operating loss and which was taken 5 into account in calculating the base income of 6 an earlier taxable year, and 7 (ii) the addition modification relating 8 to the net operating loss carried back or 9 forward to the taxable year from any taxable 10 year ending prior to December 31, 1986 shall 11 not exceed the amount of such carryback or 12 carryforward; 13 For taxable years in which there is a net 14 operating loss carryback or carryforward from more 15 than one other taxable year ending prior to December 16 31, 1986, the addition modification provided in this 17 subparagraph (E) shall be the sum of the amounts 18 computed independently under the preceding 19 provisions of this subparagraph (E) for each such 20 taxable year; and 21 (E-5) For taxable years ending after December 22 31, 1997, an amount equal to any eligible 23 remediation costs that the corporation deducted in 24 computing adjusted gross income and for which the 25 corporation claims a credit under subsection (l) of 26 Section 201; 27 and by deducting from the total so obtained the sum of 28 the following amounts: 29 (F) An amount equal to the amount of any tax 30 imposed by this Act which was refunded to the 31 taxpayer and included in such total for the taxable 32 year; 33 (G) An amount equal to any amount included in 34 such total under Section 78 of the Internal Revenue HB0708 Enrolled -189- LRB9203186EGfg 1 Code; 2 (H) In the case of a regulated investment 3 company, an amount equal to the amount of exempt 4 interest dividends as defined in subsection (b) (5) 5 of Section 852 of the Internal Revenue Code, paid to 6 shareholders for the taxable year; 7 (I) With the exception of any amounts 8 subtracted under subparagraph (J), an amount equal 9 to the sum of all amounts disallowed as deductions 10 by (i) Sections 171(a) (2), and 265(a)(2) and 11 amounts disallowed as interest expense by Section 12 291(a)(3) of the Internal Revenue Code, as now or 13 hereafter amended, and all amounts of expenses 14 allocable to interest and disallowed as deductions 15 by Section 265(a)(1) of the Internal Revenue Code, 16 as now or hereafter amended; and (ii) for taxable 17 years ending on or after August 13, 1999, Sections 18 171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i) 19 of the Internal Revenue Code; the provisions of this 20 subparagraph are exempt from the provisions of 21 Section 250; 22 (J) An amount equal to all amounts included in 23 such total which are exempt from taxation by this 24 State either by reason of its statutes or 25 Constitution or by reason of the Constitution, 26 treaties or statutes of the United States; provided 27 that, in the case of any statute of this State that 28 exempts income derived from bonds or other 29 obligations from the tax imposed under this Act, the 30 amount exempted shall be the interest net of bond 31 premium amortization; 32 (K) An amount equal to those dividends 33 included in such total which were paid by a 34 corporation which conducts business operations in an HB0708 Enrolled -190- LRB9203186EGfg 1 Enterprise Zone or zones created under the Illinois 2 Enterprise Zone Act and conducts substantially all 3 of its operations in an Enterprise Zone or zones; 4 (L) An amount equal to those dividends 5 included in such total that were paid by a 6 corporation that conducts business operations in a 7 federally designated Foreign Trade Zone or Sub-Zone 8 and that is designated a High Impact Business 9 located in Illinois; provided that dividends 10 eligible for the deduction provided in subparagraph 11 (K) of paragraph 2 of this subsection shall not be 12 eligible for the deduction provided under this 13 subparagraph (L); 14 (M) For any taxpayer that is a financial 15 organization within the meaning of Section 304(c) of 16 this Act, an amount included in such total as 17 interest income from a loan or loans made by such 18 taxpayer to a borrower, to the extent that such a 19 loan is secured by property which is eligible for 20 the Enterprise Zone Investment Credit. To determine 21 the portion of a loan or loans that is secured by 22 property eligible for a Section 201(f)201(h)23 investment credit to the borrower, the entire 24 principal amount of the loan or loans between the 25 taxpayer and the borrower should be divided into the 26 basis of the Section 201(f)201(h)investment credit 27 property which secures the loan or loans, using for 28 this purpose the original basis of such property on 29 the date that it was placed in service in the 30 Enterprise Zone. The subtraction modification 31 available to taxpayer in any year under this 32 subsection shall be that portion of the total 33 interest paid by the borrower with respect to such 34 loan attributable to the eligible property as HB0708 Enrolled -191- LRB9203186EGfg 1 calculated under the previous sentence; 2 (M-1) For any taxpayer that is a financial 3 organization within the meaning of Section 304(c) of 4 this Act, an amount included in such total as 5 interest income from a loan or loans made by such 6 taxpayer to a borrower, to the extent that such a 7 loan is secured by property which is eligible for 8 the High Impact Business Investment Credit. To 9 determine the portion of a loan or loans that is 10 secured by property eligible for a Section 201(h) 11201(i)investment credit to the borrower, the entire 12 principal amount of the loan or loans between the 13 taxpayer and the borrower should be divided into the 14 basis of the Section 201(h)201(i)investment credit 15 property which secures the loan or loans, using for 16 this purpose the original basis of such property on 17 the date that it was placed in service in a 18 federally designated Foreign Trade Zone or Sub-Zone 19 located in Illinois. No taxpayer that is eligible 20 for the deduction provided in subparagraph (M) of 21 paragraph (2) of this subsection shall be eligible 22 for the deduction provided under this subparagraph 23 (M-1). The subtraction modification available to 24 taxpayers in any year under this subsection shall be 25 that portion of the total interest paid by the 26 borrower with respect to such loan attributable to 27 the eligible property as calculated under the 28 previous sentence; 29 (N) Two times any contribution made during the 30 taxable year to a designated zone organization to 31 the extent that the contribution (i) qualifies as a 32 charitable contribution under subsection (c) of 33 Section 170 of the Internal Revenue Code and (ii) 34 must, by its terms, be used for a project approved HB0708 Enrolled -192- LRB9203186EGfg 1 by the Department of Commerce and Community Affairs 2 under Section 11 of the Illinois Enterprise Zone 3 Act; 4 (O) An amount equal to: (i) 85% for taxable 5 years ending on or before December 31, 1992, or, a 6 percentage equal to the percentage allowable under 7 Section 243(a)(1) of the Internal Revenue Code of 8 1986 for taxable years ending after December 31, 9 1992, of the amount by which dividends included in 10 taxable income and received from a corporation that 11 is not created or organized under the laws of the 12 United States or any state or political subdivision 13 thereof, including, for taxable years ending on or 14 after December 31, 1988, dividends received or 15 deemed received or paid or deemed paid under 16 Sections 951 through 964 of the Internal Revenue 17 Code, exceed the amount of the modification provided 18 under subparagraph (G) of paragraph (2) of this 19 subsection (b) which is related to such dividends; 20 plus (ii) 100% of the amount by which dividends, 21 included in taxable income and received, including, 22 for taxable years ending on or after December 31, 23 1988, dividends received or deemed received or paid 24 or deemed paid under Sections 951 through 964 of the 25 Internal Revenue Code, from any such corporation 26 specified in clause (i) that would but for the 27 provisions of Section 1504 (b) (3) of the Internal 28 Revenue Code be treated as a member of the 29 affiliated group which includes the dividend 30 recipient, exceed the amount of the modification 31 provided under subparagraph (G) of paragraph (2) of 32 this subsection (b) which is related to such 33 dividends; 34 (P) An amount equal to any contribution made HB0708 Enrolled -193- LRB9203186EGfg 1 to a job training project established pursuant to 2 the Tax Increment Allocation Redevelopment Act; 3 (Q) An amount equal to the amount of the 4 deduction used to compute the federal income tax 5 credit for restoration of substantial amounts held 6 under claim of right for the taxable year pursuant 7 to Section 1341 of the Internal Revenue Code of 8 1986; 9 (R) In the case of an attorney-in-fact with 10 respect to whom an interinsurer or a reciprocal 11 insurer has made the election under Section 835 of 12 the Internal Revenue Code, 26 U.S.C. 835, an amount 13 equal to the excess, if any, of the amounts paid or 14 incurred by that interinsurer or reciprocal insurer 15 in the taxable year to the attorney-in-fact over the 16 deduction allowed to that interinsurer or reciprocal 17 insurer with respect to the attorney-in-fact under 18 Section 835(b) of the Internal Revenue Code for the 19 taxable year; and 20 (S) For taxable years ending on or after 21 December 31, 1997, in the case of a Subchapter S 22 corporation, an amount equal to all amounts of 23 income allocable to a shareholder subject to the 24 Personal Property Tax Replacement Income Tax imposed 25 by subsections (c) and (d) of Section 201 of this 26 Act, including amounts allocable to organizations 27 exempt from federal income tax by reason of Section 28 501(a) of the Internal Revenue Code. This 29 subparagraph (S) is exempt from the provisions of 30 Section 250. 31 (3) Special rule. For purposes of paragraph (2) 32 (A), "gross income" in the case of a life insurance 33 company, for tax years ending on and after December 31, 34 1994, shall mean the gross investment income for the HB0708 Enrolled -194- LRB9203186EGfg 1 taxable year. 2 (c) Trusts and estates. 3 (1) In general. In the case of a trust or estate, 4 base income means an amount equal to the taxpayer's 5 taxable income for the taxable year as modified by 6 paragraph (2). 7 (2) Modifications. Subject to the provisions of 8 paragraph (3), the taxable income referred to in 9 paragraph (1) shall be modified by adding thereto the sum 10 of the following amounts: 11 (A) An amount equal to all amounts paid or 12 accrued to the taxpayer as interest or dividends 13 during the taxable year to the extent excluded from 14 gross income in the computation of taxable income; 15 (B) In the case of (i) an estate, $600; (ii) a 16 trust which, under its governing instrument, is 17 required to distribute all of its income currently, 18 $300; and (iii) any other trust, $100, but in each 19 such case, only to the extent such amount was 20 deducted in the computation of taxable income; 21 (C) An amount equal to the amount of tax 22 imposed by this Act to the extent deducted from 23 gross income in the computation of taxable income 24 for the taxable year; 25 (D) The amount of any net operating loss 26 deduction taken in arriving at taxable income, other 27 than a net operating loss carried forward from a 28 taxable year ending prior to December 31, 1986; 29 (E) For taxable years in which a net operating 30 loss carryback or carryforward from a taxable year 31 ending prior to December 31, 1986 is an element of 32 taxable income under paragraph (1) of subsection (e) 33 or subparagraph (E) of paragraph (2) of subsection 34 (e), the amount by which addition modifications HB0708 Enrolled -195- LRB9203186EGfg 1 other than those provided by this subparagraph (E) 2 exceeded subtraction modifications in such taxable 3 year, with the following limitations applied in the 4 order that they are listed: 5 (i) the addition modification relating to 6 the net operating loss carried back or forward 7 to the taxable year from any taxable year 8 ending prior to December 31, 1986 shall be 9 reduced by the amount of addition modification 10 under this subparagraph (E) which related to 11 that net operating loss and which was taken 12 into account in calculating the base income of 13 an earlier taxable year, and 14 (ii) the addition modification relating 15 to the net operating loss carried back or 16 forward to the taxable year from any taxable 17 year ending prior to December 31, 1986 shall 18 not exceed the amount of such carryback or 19 carryforward; 20 For taxable years in which there is a net 21 operating loss carryback or carryforward from more 22 than one other taxable year ending prior to December 23 31, 1986, the addition modification provided in this 24 subparagraph (E) shall be the sum of the amounts 25 computed independently under the preceding 26 provisions of this subparagraph (E) for each such 27 taxable year; 28 (F) For taxable years ending on or after 29 January 1, 1989, an amount equal to the tax deducted 30 pursuant to Section 164 of the Internal Revenue Code 31 if the trust or estate is claiming the same tax for 32 purposes of the Illinois foreign tax credit under 33 Section 601 of this Act; 34 (G) An amount equal to the amount of the HB0708 Enrolled -196- LRB9203186EGfg 1 capital gain deduction allowable under the Internal 2 Revenue Code, to the extent deducted from gross 3 income in the computation of taxable income; and 4 (G-5) For taxable years ending after December 5 31, 1997, an amount equal to any eligible 6 remediation costs that the trust or estate deducted 7 in computing adjusted gross income and for which the 8 trust or estate claims a credit under subsection (l) 9 of Section 201; 10 and by deducting from the total so obtained the sum of 11 the following amounts: 12 (H) An amount equal to all amounts included in 13 such total pursuant to the provisions of Sections 14 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 15 408 of the Internal Revenue Code or included in such 16 total as distributions under the provisions of any 17 retirement or disability plan for employees of any 18 governmental agency or unit, or retirement payments 19 to retired partners, which payments are excluded in 20 computing net earnings from self employment by 21 Section 1402 of the Internal Revenue Code and 22 regulations adopted pursuant thereto; 23 (I) The valuation limitation amount; 24 (J) An amount equal to the amount of any tax 25 imposed by this Act which was refunded to the 26 taxpayer and included in such total for the taxable 27 year; 28 (K) An amount equal to all amounts included in 29 taxable income as modified by subparagraphs (A), 30 (B), (C), (D), (E), (F) and (G) which are exempt 31 from taxation by this State either by reason of its 32 statutes or Constitution or by reason of the 33 Constitution, treaties or statutes of the United 34 States; provided that, in the case of any statute of HB0708 Enrolled -197- LRB9203186EGfg 1 this State that exempts income derived from bonds or 2 other obligations from the tax imposed under this 3 Act, the amount exempted shall be the interest net 4 of bond premium amortization; 5 (L) With the exception of any amounts 6 subtracted under subparagraph (K), an amount equal 7 to the sum of all amounts disallowed as deductions 8 by (i) Sections 171(a) (2) and 265(a)(2) of the 9 Internal Revenue Code, as now or hereafter amended, 10 and all amounts of expenses allocable to interest 11 and disallowed as deductions by Section 265(1) of 12 the Internal Revenue Code of 1954, as now or 13 hereafter amended; and (ii) for taxable years ending 14 on or after August 13, 1999, Sections 171(a)(2), 15 265, 280C, and 832(b)(5)(B)(i) of the Internal 16 Revenue Code; the provisions of this subparagraph 17 are exempt from the provisions of Section 250; 18 (M) An amount equal to those dividends 19 included in such total which were paid by a 20 corporation which conducts business operations in an 21 Enterprise Zone or zones created under the Illinois 22 Enterprise Zone Act and conducts substantially all 23 of its operations in an Enterprise Zone or Zones; 24 (N) An amount equal to any contribution made 25 to a job training project established pursuant to 26 the Tax Increment Allocation Redevelopment Act; 27 (O) An amount equal to those dividends 28 included in such total that were paid by a 29 corporation that conducts business operations in a 30 federally designated Foreign Trade Zone or Sub-Zone 31 and that is designated a High Impact Business 32 located in Illinois; provided that dividends 33 eligible for the deduction provided in subparagraph 34 (M) of paragraph (2) of this subsection shall not be HB0708 Enrolled -198- LRB9203186EGfg 1 eligible for the deduction provided under this 2 subparagraph (O); 3 (P) An amount equal to the amount of the 4 deduction used to compute the federal income tax 5 credit for restoration of substantial amounts held 6 under claim of right for the taxable year pursuant 7 to Section 1341 of the Internal Revenue Code of 8 1986; and 9 (Q) For taxable year 1999 and thereafter, an 10 amount equal to the amount of any (i) distributions, 11 to the extent includible in gross income for federal 12 income tax purposes, made to the taxpayer because of 13 his or her status as a victim of persecution for 14 racial or religious reasons by Nazi Germany or any 15 other Axis regime or as an heir of the victim and 16 (ii) items of income, to the extent includible in 17 gross income for federal income tax purposes, 18 attributable to, derived from or in any way related 19 to assets stolen from, hidden from, or otherwise 20 lost to a victim of persecution for racial or 21 religious reasons by Nazi Germany or any other Axis 22 regime immediately prior to, during, and immediately 23 after World War II, including, but not limited to, 24 interest on the proceeds receivable as insurance 25 under policies issued to a victim of persecution for 26 racial or religious reasons by Nazi Germany or any 27 other Axis regime by European insurance companies 28 immediately prior to and during World War II; 29 provided, however, this subtraction from federal 30 adjusted gross income does not apply to assets 31 acquired with such assets or with the proceeds from 32 the sale of such assets; provided, further, this 33 paragraph shall only apply to a taxpayer who was the 34 first recipient of such assets after their recovery HB0708 Enrolled -199- LRB9203186EGfg 1 and who is a victim of persecution for racial or 2 religious reasons by Nazi Germany or any other Axis 3 regime or as an heir of the victim. The amount of 4 and the eligibility for any public assistance, 5 benefit, or similar entitlement is not affected by 6 the inclusion of items (i) and (ii) of this 7 paragraph in gross income for federal income tax 8 purposes. This paragraph is exempt from the 9 provisions of Section 250. 10 (3) Limitation. The amount of any modification 11 otherwise required under this subsection shall, under 12 regulations prescribed by the Department, be adjusted by 13 any amounts included therein which were properly paid, 14 credited, or required to be distributed, or permanently 15 set aside for charitable purposes pursuant to Internal 16 Revenue Code Section 642(c) during the taxable year. 17 (d) Partnerships. 18 (1) In general. In the case of a partnership, base 19 income means an amount equal to the taxpayer's taxable 20 income for the taxable year as modified by paragraph (2). 21 (2) Modifications. The taxable income referred to 22 in paragraph (1) shall be modified by adding thereto the 23 sum of the following amounts: 24 (A) An amount equal to all amounts paid or 25 accrued to the taxpayer as interest or dividends 26 during the taxable year to the extent excluded from 27 gross income in the computation of taxable income; 28 (B) An amount equal to the amount of tax 29 imposed by this Act to the extent deducted from 30 gross income for the taxable year; 31 (C) The amount of deductions allowed to the 32 partnership pursuant to Section 707 (c) of the 33 Internal Revenue Code in calculating its taxable 34 income; and HB0708 Enrolled -200- LRB9203186EGfg 1 (D) An amount equal to the amount of the 2 capital gain deduction allowable under the Internal 3 Revenue Code, to the extent deducted from gross 4 income in the computation of taxable income; 5 and by deducting from the total so obtained the following 6 amounts: 7 (E) The valuation limitation amount; 8 (F) An amount equal to the amount of any tax 9 imposed by this Act which was refunded to the 10 taxpayer and included in such total for the taxable 11 year; 12 (G) An amount equal to all amounts included in 13 taxable income as modified by subparagraphs (A), 14 (B), (C) and (D) which are exempt from taxation by 15 this State either by reason of its statutes or 16 Constitution or by reason of the Constitution, 17 treaties or statutes of the United States; provided 18 that, in the case of any statute of this State that 19 exempts income derived from bonds or other 20 obligations from the tax imposed under this Act, the 21 amount exempted shall be the interest net of bond 22 premium amortization; 23 (H) Any income of the partnership which 24 constitutes personal service income as defined in 25 Section 1348 (b) (1) of the Internal Revenue Code 26 (as in effect December 31, 1981) or a reasonable 27 allowance for compensation paid or accrued for 28 services rendered by partners to the partnership, 29 whichever is greater; 30 (I) An amount equal to all amounts of income 31 distributable to an entity subject to the Personal 32 Property Tax Replacement Income Tax imposed by 33 subsections (c) and (d) of Section 201 of this Act 34 including amounts distributable to organizations HB0708 Enrolled -201- LRB9203186EGfg 1 exempt from federal income tax by reason of Section 2 501(a) of the Internal Revenue Code; 3 (J) With the exception of any amounts 4 subtracted under subparagraph (G), an amount equal 5 to the sum of all amounts disallowed as deductions 6 by (i) Sections 171(a) (2), and 265(2) of the 7 Internal Revenue Code of 1954, as now or hereafter 8 amended, and all amounts of expenses allocable to 9 interest and disallowed as deductions by Section 10 265(1) of the Internal Revenue Code, as now or 11 hereafter amended; and (ii) for taxable years ending 12 on or after August 13, 1999, Sections 171(a)(2), 13 265, 280C, and 832(b)(5)(B)(i) of the Internal 14 Revenue Code; the provisions of this subparagraph 15 are exempt from the provisions of Section 250; 16 (K) An amount equal to those dividends 17 included in such total which were paid by a 18 corporation which conducts business operations in an 19 Enterprise Zone or zones created under the Illinois 20 Enterprise Zone Act, enacted by the 82nd General 21 Assembly, and which does not conduct such operations 22 other than in an Enterprise Zone or Zones; 23 (L) An amount equal to any contribution made 24 to a job training project established pursuant to 25 the Real Property Tax Increment Allocation 26 Redevelopment Act; 27 (M) An amount equal to those dividends 28 included in such total that were paid by a 29 corporation that conducts business operations in a 30 federally designated Foreign Trade Zone or Sub-Zone 31 and that is designated a High Impact Business 32 located in Illinois; provided that dividends 33 eligible for the deduction provided in subparagraph 34 (K) of paragraph (2) of this subsection shall not be HB0708 Enrolled -202- LRB9203186EGfg 1 eligible for the deduction provided under this 2 subparagraph (M); and 3 (N) An amount equal to the amount of the 4 deduction used to compute the federal income tax 5 credit for restoration of substantial amounts held 6 under claim of right for the taxable year pursuant 7 to Section 1341 of the Internal Revenue Code of 8 1986. 9 (e) Gross income; adjusted gross income; taxable income. 10 (1) In general. Subject to the provisions of 11 paragraph (2) and subsection (b) (3), for purposes of 12 this Section and Section 803(e), a taxpayer's gross 13 income, adjusted gross income, or taxable income for the 14 taxable year shall mean the amount of gross income, 15 adjusted gross income or taxable income properly 16 reportable for federal income tax purposes for the 17 taxable year under the provisions of the Internal Revenue 18 Code. Taxable income may be less than zero. However, for 19 taxable years ending on or after December 31, 1986, net 20 operating loss carryforwards from taxable years ending 21 prior to December 31, 1986, may not exceed the sum of 22 federal taxable income for the taxable year before net 23 operating loss deduction, plus the excess of addition 24 modifications over subtraction modifications for the 25 taxable year. For taxable years ending prior to December 26 31, 1986, taxable income may never be an amount in excess 27 of the net operating loss for the taxable year as defined 28 in subsections (c) and (d) of Section 172 of the Internal 29 Revenue Code, provided that when taxable income of a 30 corporation (other than a Subchapter S corporation), 31 trust, or estate is less than zero and addition 32 modifications, other than those provided by subparagraph 33 (E) of paragraph (2) of subsection (b) for corporations 34 or subparagraph (E) of paragraph (2) of subsection (c) HB0708 Enrolled -203- LRB9203186EGfg 1 for trusts and estates, exceed subtraction modifications, 2 an addition modification must be made under those 3 subparagraphs for any other taxable year to which the 4 taxable income less than zero (net operating loss) is 5 applied under Section 172 of the Internal Revenue Code or 6 under subparagraph (E) of paragraph (2) of this 7 subsection (e) applied in conjunction with Section 172 of 8 the Internal Revenue Code. 9 (2) Special rule. For purposes of paragraph (1) of 10 this subsection, the taxable income properly reportable 11 for federal income tax purposes shall mean: 12 (A) Certain life insurance companies. In the 13 case of a life insurance company subject to the tax 14 imposed by Section 801 of the Internal Revenue Code, 15 life insurance company taxable income, plus the 16 amount of distribution from pre-1984 policyholder 17 surplus accounts as calculated under Section 815a of 18 the Internal Revenue Code; 19 (B) Certain other insurance companies. In the 20 case of mutual insurance companies subject to the 21 tax imposed by Section 831 of the Internal Revenue 22 Code, insurance company taxable income; 23 (C) Regulated investment companies. In the 24 case of a regulated investment company subject to 25 the tax imposed by Section 852 of the Internal 26 Revenue Code, investment company taxable income; 27 (D) Real estate investment trusts. In the 28 case of a real estate investment trust subject to 29 the tax imposed by Section 857 of the Internal 30 Revenue Code, real estate investment trust taxable 31 income; 32 (E) Consolidated corporations. In the case of 33 a corporation which is a member of an affiliated 34 group of corporations filing a consolidated income HB0708 Enrolled -204- LRB9203186EGfg 1 tax return for the taxable year for federal income 2 tax purposes, taxable income determined as if such 3 corporation had filed a separate return for federal 4 income tax purposes for the taxable year and each 5 preceding taxable year for which it was a member of 6 an affiliated group. For purposes of this 7 subparagraph, the taxpayer's separate taxable income 8 shall be determined as if the election provided by 9 Section 243(b) (2) of the Internal Revenue Code had 10 been in effect for all such years; 11 (F) Cooperatives. In the case of a 12 cooperative corporation or association, the taxable 13 income of such organization determined in accordance 14 with the provisions of Section 1381 through 1388 of 15 the Internal Revenue Code; 16 (G) Subchapter S corporations. In the case 17 of: (i) a Subchapter S corporation for which there 18 is in effect an election for the taxable year under 19 Section 1362 of the Internal Revenue Code, the 20 taxable income of such corporation determined in 21 accordance with Section 1363(b) of the Internal 22 Revenue Code, except that taxable income shall take 23 into account those items which are required by 24 Section 1363(b)(1) of the Internal Revenue Code to 25 be separately stated; and (ii) a Subchapter S 26 corporation for which there is in effect a federal 27 election to opt out of the provisions of the 28 Subchapter S Revision Act of 1982 and have applied 29 instead the prior federal Subchapter S rules as in 30 effect on July 1, 1982, the taxable income of such 31 corporation determined in accordance with the 32 federal Subchapter S rules as in effect on July 1, 33 1982; and 34 (H) Partnerships. In the case of a HB0708 Enrolled -205- LRB9203186EGfg 1 partnership, taxable income determined in accordance 2 with Section 703 of the Internal Revenue Code, 3 except that taxable income shall take into account 4 those items which are required by Section 703(a)(1) 5 to be separately stated but which would be taken 6 into account by an individual in calculating his 7 taxable income. 8 (f) Valuation limitation amount. 9 (1) In general. The valuation limitation amount 10 referred to in subsections (a) (2) (G), (c) (2) (I) and 11 (d)(2) (E) is an amount equal to: 12 (A) The sum of the pre-August 1, 1969 13 appreciation amounts (to the extent consisting of 14 gain reportable under the provisions of Section 1245 15 or 1250 of the Internal Revenue Code) for all 16 property in respect of which such gain was reported 17 for the taxable year; plus 18 (B) The lesser of (i) the sum of the 19 pre-August 1, 1969 appreciation amounts (to the 20 extent consisting of capital gain) for all property 21 in respect of which such gain was reported for 22 federal income tax purposes for the taxable year, or 23 (ii) the net capital gain for the taxable year, 24 reduced in either case by any amount of such gain 25 included in the amount determined under subsection 26 (a) (2) (F) or (c) (2) (H). 27 (2) Pre-August 1, 1969 appreciation amount. 28 (A) If the fair market value of property 29 referred to in paragraph (1) was readily 30 ascertainable on August 1, 1969, the pre-August 1, 31 1969 appreciation amount for such property is the 32 lesser of (i) the excess of such fair market value 33 over the taxpayer's basis (for determining gain) for 34 such property on that date (determined under the HB0708 Enrolled -206- LRB9203186EGfg 1 Internal Revenue Code as in effect on that date), or 2 (ii) the total gain realized and reportable for 3 federal income tax purposes in respect of the sale, 4 exchange or other disposition of such property. 5 (B) If the fair market value of property 6 referred to in paragraph (1) was not readily 7 ascertainable on August 1, 1969, the pre-August 1, 8 1969 appreciation amount for such property is that 9 amount which bears the same ratio to the total gain 10 reported in respect of the property for federal 11 income tax purposes for the taxable year, as the 12 number of full calendar months in that part of the 13 taxpayer's holding period for the property ending 14 July 31, 1969 bears to the number of full calendar 15 months in the taxpayer's entire holding period for 16 the property. 17 (C) The Department shall prescribe such 18 regulations as may be necessary to carry out the 19 purposes of this paragraph. 20 (g) Double deductions. Unless specifically provided 21 otherwise, nothing in this Section shall permit the same item 22 to be deducted more than once. 23 (h) Legislative intention. Except as expressly provided 24 by this Section there shall be no modifications or 25 limitations on the amounts of income, gain, loss or deduction 26 taken into account in determining gross income, adjusted 27 gross income or taxable income for federal income tax 28 purposes for the taxable year, or in the amount of such items 29 entering into the computation of base income and net income 30 under this Act for such taxable year, whether in respect of 31 property values as of August 1, 1969 or otherwise. 32 (Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 33 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff. HB0708 Enrolled -207- LRB9203186EGfg 1 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, 2 eff. 12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01; 3 revised 1-15-01.) 4 (35 ILCS 5/703) (from Ch. 120, par. 7-703) 5 Sec. 703. Information statement. Every employer required 6 to deduct and withhold tax under this Act from compensation 7 of an employee, or who would have been required so to deduct 8 and withhold tax if the employee's withholding exemption were 9 not in excess of the basic amount in Section 204(b), shall 10 furnish in duplicate to each such employee in respect of the 11 compensation paid by such employer to such employee during 12 the calendar year on or before January 31 of the succeeding 13 year, or, if his employment is terminated before the close of 14 such calendar year, on the date on which the last payment of 15 compensation is made, a written statement in such form as the 16 Department may by regulation prescribe showing the amount of 17 compensation paid by the employer to the employee, the amount 18 deducted and withheld as tax, the tax-exempt amount 19 contributed to a medical savings account, and such other 20 information as the Department shall prescribe. A copy of such 21 statement shall be filed by the employee with his return for 22 his taxable year to which it relates (as determined under 23 Section 601(b)(1)). 24 (Source: P.A. 90-613, eff. 7-9-98; 91-841, eff. 6-22-00; 25 revised 9-1-00.) 26 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 27 Sec. 901. Collection Authority. 28 (a) In general. 29 The Department shall collect the taxes imposed by this 30 Act. The Department shall collect certified past due child 31 support amounts under Section 2505-650 of the Department of 32 Revenue Law (20 ILCS 2505/2505-650). Except as provided in HB0708 Enrolled -208- LRB9203186EGfg 1 subsections (c) and (e) of this Section, money collected 2 pursuant to subsections (a) and (b) of Section 201 of this 3 Act shall be paid into the General Revenue Fund in the State 4 treasury; money collected pursuant to subsections (c) and (d) 5 of Section 201 of this Act shall be paid into the Personal 6 Property Tax Replacement Fund, a special fund in the State 7 Treasury; and money collected under Section 2505-650 of the 8 Department of Revenue Law (20 ILCS 2505/2505-650) shall be 9 paid into the Child Support Enforcement Trust Fund, a special 10 fund outside the State Treasury, or to the State Disbursement 11 Unit established under Section 10-26 of the Illinois Public 12 Aid Code, as directed by the Department of Public Aid. 13 (b) Local Governmental Distributive Fund. 14 Beginning August 1, 1969, and continuing through June 30, 15 1994, the Treasurer shall transfer each month from the 16 General Revenue Fund to a special fund in the State treasury, 17 to be known as the "Local Government Distributive Fund", an 18 amount equal to 1/12 of the net revenue realized from the tax 19 imposed by subsections (a) and (b) of Section 201 of this Act 20 during the preceding month. Beginning July 1, 1994, and 21 continuing through June 30, 1995, the Treasurer shall 22 transfer each month from the General Revenue Fund to the 23 Local Government Distributive Fund an amount equal to 1/11 of 24 the net revenue realized from the tax imposed by subsections 25 (a) and (b) of Section 201 of this Act during the preceding 26 month. Beginning July 1, 1995, the Treasurer shall transfer 27 each month from the General Revenue Fund to the Local 28 Government Distributive Fund an amount equal to 1/10 of the 29 net revenue realized from the tax imposed by subsections (a) 30 and (b) of Section 201 of the Illinois Income Tax Act during 31 the preceding month. Net revenue realized for a month shall 32 be defined as the revenue from the tax imposed by subsections 33 (a) and (b) of Section 201 of this Act which is deposited in 34 the General Revenue Fund, the Educational Assistance Fund and HB0708 Enrolled -209- LRB9203186EGfg 1 the Income Tax Surcharge Local Government Distributive Fund 2 during the month minus the amount paid out of the General 3 Revenue Fund in State warrants during that same month as 4 refunds to taxpayers for overpayment of liability under the 5 tax imposed by subsections (a) and (b) of Section 201 of this 6 Act. 7 (c) Deposits Into Income Tax Refund Fund. 8 (1) Beginning on January 1, 1989 and thereafter, 9 the Department shall deposit a percentage of the amounts 10 collected pursuant to subsections (a) and (b)(1), (2), 11 and (3), of Section 201 of this Act into a fund in the 12 State treasury known as the Income Tax Refund Fund. The 13 Department shall deposit 6% of such amounts during the 14 period beginning January 1, 1989 and ending on June 30, 15 1989. Beginning with State fiscal year 1990 and for each 16 fiscal year thereafter, the percentage deposited into the 17 Income Tax Refund Fund during a fiscal year shall be the 18 Annual Percentage. For fiscal years 1999 through 2001, 19 the Annual Percentage shall be 7.1%. For all other 20 fiscal years, the Annual Percentage shall be calculated 21 as a fraction, the numerator of which shall be the amount 22 of refunds approved for payment by the Department during 23 the preceding fiscal year as a result of overpayment of 24 tax liability under subsections (a) and (b)(1), (2), and 25 (3) of Section 201 of this Act plus the amount of such 26 refunds remaining approved but unpaid at the end of the 27 preceding fiscal year, the denominator of which shall be 28 the amounts which will be collected pursuant to 29 subsections (a) and (b)(1), (2), and (3) of Section 201 30 of this Act during the preceding fiscal year. The 31 Director of Revenue shall certify the Annual Percentage 32 to the Comptroller on the last business day of the fiscal 33 year immediately preceding the fiscal year for which it 34 is to be effective. HB0708 Enrolled -210- LRB9203186EGfg 1 (2) Beginning on January 1, 1989 and thereafter, 2 the Department shall deposit a percentage of the amounts 3 collected pursuant to subsections (a) and (b)(6), (7), 4 and (8), (c) and (d) of Section 201 of this Act into a 5 fund in the State treasury known as the Income Tax Refund 6 Fund. The Department shall deposit 18% of such amounts 7 during the period beginning January 1, 1989 and ending on 8 June 30, 1989. Beginning with State fiscal year 1990 and 9 for each fiscal year thereafter, the percentage deposited 10 into the Income Tax Refund Fund during a fiscal year 11 shall be the Annual Percentage. For fiscal years 1999, 12 2000, and 2001, the Annual Percentage shall be 19%. For 13 all other fiscal years, the Annual Percentage shall be 14 calculated as a fraction, the numerator of which shall be 15 the amount of refunds approved for payment by the 16 Department during the preceding fiscal year as a result 17 of overpayment of tax liability under subsections (a) and 18 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 19 Act plus the amount of such refunds remaining approved 20 but unpaid at the end of the preceding fiscal year, the 21 denominator of which shall be the amounts which will be 22 collected pursuant to subsections (a) and (b)(6), (7), 23 and (8), (c) and (d) of Section 201 of this Act during 24 the preceding fiscal year. The Director of Revenue shall 25 certify the Annual Percentage to the Comptroller on the 26 last business day of the fiscal year immediately 27 preceding the fiscal year for which it is to be 28 effective. 29 (3) The Comptroller shall order transferred and the 30 Treasurer shall transfer from the Tobacco Settlement 31 Recovery Fund to the Income Tax Refund Fund (i) 32 $35,000,000 in January, 2001, (ii) $35,000,000 in 33 January, 2002, and (iii) $35,000,000 in January, 2003. 34 (d) Expenditures from Income Tax Refund Fund. HB0708 Enrolled -211- LRB9203186EGfg 1 (1) Beginning January 1, 1989, money in the Income 2 Tax Refund Fund shall be expended exclusively for the 3 purpose of paying refunds resulting from overpayment of 4 tax liability under Section 201 of this Act, for paying 5 rebates under Section 208.1 in the event that the amounts 6 in the Homeowners' Tax Relief Fund are insufficient for 7 that purpose, and for making transfers pursuant to this 8 subsection (d). 9 (2) The Director shall order payment of refunds 10 resulting from overpayment of tax liability under Section 11 201 of this Act from the Income Tax Refund Fund only to 12 the extent that amounts collected pursuant to Section 201 13 of this Act and transfers pursuant to this subsection (d) 14 and item (3) of subsection (c) have been deposited and 15 retained in the Fund. 16 (3) As soon as possible after the end of each 17 fiscal year, the Director shall order transferred and the 18 State Treasurer and State Comptroller shall transfer from 19 the Income Tax Refund Fund to the Personal Property Tax 20 Replacement Fund an amount, certified by the Director to 21 the Comptroller, equal to the excess of the amount 22 collected pursuant to subsections (c) and (d) of Section 23 201 of this Act deposited into the Income Tax Refund Fund 24 during the fiscal year over the amount of refunds 25 resulting from overpayment of tax liability under 26 subsections (c) and (d) of Section 201 of this Act paid 27 from the Income Tax Refund Fund during the fiscal year. 28 (4) As soon as possible after the end of each 29 fiscal year, the Director shall order transferred and the 30 State Treasurer and State Comptroller shall transfer from 31 the Personal Property Tax Replacement Fund to the Income 32 Tax Refund Fund an amount, certified by the Director to 33 the Comptroller, equal to the excess of the amount of 34 refunds resulting from overpayment of tax liability under HB0708 Enrolled -212- LRB9203186EGfg 1 subsections (c) and (d) of Section 201 of this Act paid 2 from the Income Tax Refund Fund during the fiscal year 3 over the amount collected pursuant to subsections (c) and 4 (d) of Section 201 of this Act deposited into the Income 5 Tax Refund Fund during the fiscal year. 6 (4.5) As soon as possible after the end of fiscal 7 year 1999 and of each fiscal year thereafter, the 8 Director shall order transferred and the State Treasurer 9 and State Comptroller shall transfer from the Income Tax 10 Refund Fund to the General Revenue Fund any surplus 11 remaining in the Income Tax Refund Fund as of the end of 12 such fiscal year; excluding for fiscal years 2000, 2001, 13 and 2002 amounts attributable to transfers under item (3) 14 of subsection (c) less refunds resulting from the earned 15 income tax credit. 16 (5) This Act shall constitute an irrevocable and 17 continuing appropriation from the Income Tax Refund Fund 18 for the purpose of paying refunds upon the order of the 19 Director in accordance with the provisions of this 20 Section. 21 (e) Deposits into the Education Assistance Fund and the 22 Income Tax Surcharge Local Government Distributive Fund. 23 On July 1, 1991, and thereafter, of the amounts collected 24 pursuant to subsections (a) and (b) of Section 201 of this 25 Act, minus deposits into the Income Tax Refund Fund, the 26 Department shall deposit 7.3% into the Education Assistance 27 Fund in the State Treasury. Beginning July 1, 1991, and 28 continuing through January 31, 1993, of the amounts collected 29 pursuant to subsections (a) and (b) of Section 201 of the 30 Illinois Income Tax Act, minus deposits into the Income Tax 31 Refund Fund, the Department shall deposit 3.0% into the 32 Income Tax Surcharge Local Government Distributive Fund in 33 the State Treasury. Beginning February 1, 1993 and 34 continuing through June 30, 1993, of the amounts collected HB0708 Enrolled -213- LRB9203186EGfg 1 pursuant to subsections (a) and (b) of Section 201 of the 2 Illinois Income Tax Act, minus deposits into the Income Tax 3 Refund Fund, the Department shall deposit 4.4% into the 4 Income Tax Surcharge Local Government Distributive Fund in 5 the State Treasury. Beginning July 1, 1993, and continuing 6 through June 30, 1994, of the amounts collected under 7 subsections (a) and (b) of Section 201 of this Act, minus 8 deposits into the Income Tax Refund Fund, the Department 9 shall deposit 1.475% into the Income Tax Surcharge Local 10 Government Distributive Fund in the State Treasury. 11 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98; 12 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; 91-700, eff. 13 5-11-00; 91-704, eff. 7-1-00; 91-712, eff. 7-1-00; revised 14 6-28-00.) 15 Section 33. The Use Tax Act is amended by changing 16 Sections 3-55 and 9 as follows: 17 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55) 18 Sec. 3-55. Multistate exemption. The tax imposed by 19 this Act does not apply to the use of tangible personal 20 property in this State under the following circumstances: 21 (a) The use, in this State, of tangible personal 22 property acquired outside this State by a nonresident 23 individual and brought into this State by the individual for 24 his or her own use while temporarily within this State or 25 while passing through this State. 26 (b) The use, in this State, of tangible personal 27 property by an interstate carrier for hire as rolling stock 28 moving in interstate commerce or by lessors under a lease of 29 one year or longer executed or in effect at the time of 30 purchase of tangible personal property by interstate carriers 31 for-hire for use as rolling stock moving in interstate 32 commerce as long as so used by the interstate carriers HB0708 Enrolled -214- LRB9203186EGfg 1 for-hire, and equipment operated by a telecommunications 2 provider, licensed as a common carrier by the Federal 3 Communications Commission, which is permanently installed in 4 or affixed to aircraft moving in interstate commerce. 5 (c) The use, in this State, by owners, lessors, or 6 shippers of tangible personal property that is utilized by 7 interstate carriers for hire for use as rolling stock moving 8 in interstate commerce as long as so used by the interstate 9 carriers for hire, and equipment operated by a 10 telecommunications provider, licensed as a common carrier by 11 the Federal Communications Commission, which is permanently 12 installed in or affixed to aircraft moving in interstate 13 commerce. 14 (d) The use, in this State, of tangible personal 15 property that is acquired outside this State and caused to be 16 brought into this State by a person who has already paid a 17 tax in another State in respect to the sale, purchase, or use 18 of that property, to the extent of the amount of the tax 19 properly due and paid in the other State. 20 (e) The temporary storage, in this State, of tangible 21 personal property that is acquired outside this State and 22 that, after being brought into this State and stored here 23 temporarily, is used solely outside this State or is 24 physically attached to or incorporated into other tangible 25 personal property that is used solely outside this State, or 26 is altered by converting, fabricating, manufacturing, 27 printing, processing, or shaping, and, as altered, is used 28 solely outside this State. 29 (f) The temporary storage in this State of building 30 materials and fixtures that are acquired either in this State 31 or outside this State by an Illinois registered combination 32 retailer and construction contractor, and that the purchaser 33 thereafter uses outside this State by incorporating that 34 property into real estate located outside this State. HB0708 Enrolled -215- LRB9203186EGfg 1 (g) The use or purchase of tangible personal property by 2 a common carrier by rail or motor that receives the physical 3 possession of the property in Illinois, and that transports 4 the property, or shares with another common carrier in the 5 transportation of the property, out of Illinois on a standard 6 uniform bill of lading showing the seller of the property as 7 the shipper or consignor of the property to a destination 8 outside Illinois, for use outside Illinois. 9 (h) The use, in this State, of a motor vehicle that was 10 sold in this State to a nonresident, even though the motor 11 vehicle is delivered to the nonresident in this State, if the 12 motor vehicle is not to be titled in this State, and if a 13 driveaway decal permit is issued to the motor vehicle as 14 provided in Section 3-603 of the Illinois Vehicle Code or if 15 the nonresident purchaser has vehicle registration plates to 16 transfer to the motor vehicle upon returning to his or her 17 home state. The issuance of the driveaway decal permit or 18 having the out-of-state registration plates to be transferred 19 shall be prima facie evidence that the motor vehicle will not 20 be titled in this State. 21 (i) Beginning July 1, 1999, the use, in this State, of 22 fuel acquired outside this State and brought into this State 23 in the fuel supply tanks of locomotives engaged in freight 24 hauling and passenger service for interstate commerce. This 25 subsection is exempt from the provisions of Section 3-90. 26 (Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97; 27 91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 91-587, eff. 28 8-14-99; revised 9-29-99.) 29 (35 ILCS 105/9) (from Ch. 120, par. 439.9) 30 Sec. 9. Except as to motor vehicles, watercraft, 31 aircraft, and trailers that are required to be registered 32 with an agency of this State, each retailer required or 33 authorized to collect the tax imposed by this Act shall pay HB0708 Enrolled -216- LRB9203186EGfg 1 to the Department the amount of such tax (except as otherwise 2 provided) at the time when he is required to file his return 3 for the period during which such tax was collected, less a 4 discount of 2.1% prior to January 1, 1990, and 1.75% on and 5 after January 1, 1990, or $5 per calendar year, whichever is 6 greater, which is allowed to reimburse the retailer for 7 expenses incurred in collecting the tax, keeping records, 8 preparing and filing returns, remitting the tax and supplying 9 data to the Department on request. In the case of retailers 10 who report and pay the tax on a transaction by transaction 11 basis, as provided in this Section, such discount shall be 12 taken with each such tax remittance instead of when such 13 retailer files his periodic return. A retailer need not 14 remit that part of any tax collected by him to the extent 15 that he is required to remit and does remit the tax imposed 16 by the Retailers' Occupation Tax Act, with respect to the 17 sale of the same property. 18 Where such tangible personal property is sold under a 19 conditional sales contract, or under any other form of sale 20 wherein the payment of the principal sum, or a part thereof, 21 is extended beyond the close of the period for which the 22 return is filed, the retailer, in collecting the tax (except 23 as to motor vehicles, watercraft, aircraft, and trailers that 24 are required to be registered with an agency of this State), 25 may collect for each tax return period, only the tax 26 applicable to that part of the selling price actually 27 received during such tax return period. 28 Except as provided in this Section, on or before the 29 twentieth day of each calendar month, such retailer shall 30 file a return for the preceding calendar month. Such return 31 shall be filed on forms prescribed by the Department and 32 shall furnish such information as the Department may 33 reasonably require. 34 The Department may require returns to be filed on a HB0708 Enrolled -217- LRB9203186EGfg 1 quarterly basis. If so required, a return for each calendar 2 quarter shall be filed on or before the twentieth day of the 3 calendar month following the end of such calendar quarter. 4 The taxpayer shall also file a return with the Department for 5 each of the first two months of each calendar quarter, on or 6 before the twentieth day of the following calendar month, 7 stating: 8 1. The name of the seller; 9 2. The address of the principal place of business 10 from which he engages in the business of selling tangible 11 personal property at retail in this State; 12 3. The total amount of taxable receipts received by 13 him during the preceding calendar month from sales of 14 tangible personal property by him during such preceding 15 calendar month, including receipts from charge and time 16 sales, but less all deductions allowed by law; 17 4. The amount of credit provided in Section 2d of 18 this Act; 19 5. The amount of tax due; 20 5-5. The signature of the taxpayer; and 21 6. Such other reasonable information as the 22 Department may require. 23 If a taxpayer fails to sign a return within 30 days after 24 the proper notice and demand for signature by the Department, 25 the return shall be considered valid and any amount shown to 26 be due on the return shall be deemed assessed. 27 Beginning October 1, 1993, a taxpayer who has an average 28 monthly tax liability of $150,000 or more shall make all 29 payments required by rules of the Department by electronic 30 funds transfer. Beginning October 1, 1994, a taxpayer who has 31 an average monthly tax liability of $100,000 or more shall 32 make all payments required by rules of the Department by 33 electronic funds transfer. Beginning October 1, 1995, a 34 taxpayer who has an average monthly tax liability of $50,000 HB0708 Enrolled -218- LRB9203186EGfg 1 or more shall make all payments required by rules of the 2 Department by electronic funds transfer. Beginning October 1, 3 2000, a taxpayer who has an annual tax liability of $200,000 4 or more shall make all payments required by rules of the 5 Department by electronic funds transfer. The term "annual 6 tax liability" shall be the sum of the taxpayer's liabilities 7 under this Act, and under all other State and local 8 occupation and use tax laws administered by the Department, 9 for the immediately preceding calendar year. The term 10 "average monthly tax liability" means the sum of the 11 taxpayer's liabilities under this Act, and under all other 12 State and local occupation and use tax laws administered by 13 the Department, for the immediately preceding calendar year 14 divided by 12. 15 Before August 1 of each year beginning in 1993, the 16 Department shall notify all taxpayers required to make 17 payments by electronic funds transfer. All taxpayers required 18 to make payments by electronic funds transfer shall make 19 those payments for a minimum of one year beginning on October 20 1. 21 Any taxpayer not required to make payments by electronic 22 funds transfer may make payments by electronic funds transfer 23 with the permission of the Department. 24 All taxpayers required to make payment by electronic 25 funds transfer and any taxpayers authorized to voluntarily 26 make payments by electronic funds transfer shall make those 27 payments in the manner authorized by the Department. 28 The Department shall adopt such rules as are necessary to 29 effectuate a program of electronic funds transfer and the 30 requirements of this Section. 31 Before October 1, 2000, if the taxpayer's average monthly 32 tax liability to the Department under this Act, the 33 Retailers' Occupation Tax Act, the Service Occupation Tax 34 Act, the Service Use Tax Act was $10,000 or more during the HB0708 Enrolled -219- LRB9203186EGfg 1 preceding 4 complete calendar quarters, he shall file a 2 return with the Department each month by the 20th day of the 3 month next following the month during which such tax 4 liability is incurred and shall make payments to the 5 Department on or before the 7th, 15th, 22nd and last day of 6 the month during which such liability is incurred. On and 7 after October 1, 2000, if the taxpayer's average monthly tax 8 liability to the Department under this Act, the Retailers' 9 Occupation Tax Act, the Service Occupation Tax Act, and the 10 Service Use Tax Act was $20,000 or more during the preceding 11 4 complete calendar quarters, he shall file a return with the 12 Department each month by the 20th day of the month next 13 following the month during which such tax liability is 14 incurred and shall make payment to the Department on or 15 before the 7th, 15th, 22nd and last day of the month during 16 which such liability is incurred. If the month during which 17 such tax liability is incurred began prior to January 1, 18 1985, each payment shall be in an amount equal to 1/4 of the 19 taxpayer's actual liability for the month or an amount set by 20 the Department not to exceed 1/4 of the average monthly 21 liability of the taxpayer to the Department for the preceding 22 4 complete calendar quarters (excluding the month of highest 23 liability and the month of lowest liability in such 4 quarter 24 period). If the month during which such tax liability is 25 incurred begins on or after January 1, 1985, and prior to 26 January 1, 1987, each payment shall be in an amount equal to 27 22.5% of the taxpayer's actual liability for the month or 28 27.5% of the taxpayer's liability for the same calendar month 29 of the preceding year. If the month during which such tax 30 liability is incurred begins on or after January 1, 1987, and 31 prior to January 1, 1988, each payment shall be in an amount 32 equal to 22.5% of the taxpayer's actual liability for the 33 month or 26.25% of the taxpayer's liability for the same 34 calendar month of the preceding year. If the month during HB0708 Enrolled -220- LRB9203186EGfg 1 which such tax liability is incurred begins on or after 2 January 1, 1988, and prior to January 1, 1989, or begins on 3 or after January 1, 1996, each payment shall be in an amount 4 equal to 22.5% of the taxpayer's actual liability for the 5 month or 25% of the taxpayer's liability for the same 6 calendar month of the preceding year. If the month during 7 which such tax liability is incurred begins on or after 8 January 1, 1989, and prior to January 1, 1996, each payment 9 shall be in an amount equal to 22.5% of the taxpayer's actual 10 liability for the month or 25% of the taxpayer's liability 11 for the same calendar month of the preceding year or 100% of 12 the taxpayer's actual liability for the quarter monthly 13 reporting period. The amount of such quarter monthly 14 payments shall be credited against the final tax liability of 15 the taxpayer's return for that month. Before October 1, 16 2000, once applicable, the requirement of the making of 17 quarter monthly payments to the Department shall continue 18 until such taxpayer's average monthly liability to the 19 Department during the preceding 4 complete calendar quarters 20 (excluding the month of highest liability and the month of 21 lowest liability) is less than $9,000, or until such 22 taxpayer's average monthly liability to the Department as 23 computed for each calendar quarter of the 4 preceding 24 complete calendar quarter period is less than $10,000. 25 However, if a taxpayer can show the Department that a 26 substantial change in the taxpayer's business has occurred 27 which causes the taxpayer to anticipate that his average 28 monthly tax liability for the reasonably foreseeable future 29 will fall below the $10,000 threshold stated above, then such 30 taxpayer may petition the Department for change in such 31 taxpayer's reporting status. On and after October 1, 2000, 32 once applicable, the requirement of the making of quarter 33 monthly payments to the Department shall continue until such 34 taxpayer's average monthly liability to the Department during HB0708 Enrolled -221- LRB9203186EGfg 1 the preceding 4 complete calendar quarters (excluding the 2 month of highest liability and the month of lowest liability) 3 is less than $19,000 or until such taxpayer's average monthly 4 liability to the Department as computed for each calendar 5 quarter of the 4 preceding complete calendar quarter period 6 is less than $20,000. However, if a taxpayer can show the 7 Department that a substantial change in the taxpayer's 8 business has occurred which causes the taxpayer to anticipate 9 that his average monthly tax liability for the reasonably 10 foreseeable future will fall below the $20,000 threshold 11 stated above, then such taxpayer may petition the Department 12 for a change in such taxpayer's reporting status. The 13 Department shall change such taxpayer's reporting status 14 unless it finds that such change is seasonal in nature and 15 not likely to be long term. If any such quarter monthly 16 payment is not paid at the time or in the amount required by 17 this Section, then the taxpayer shall be liable for penalties 18 and interest on the difference between the minimum amount due 19 and the amount of such quarter monthly payment actually and 20 timely paid, except insofar as the taxpayer has previously 21 made payments for that month to the Department in excess of 22 the minimum payments previously due as provided in this 23 Section. The Department shall make reasonable rules and 24 regulations to govern the quarter monthly payment amount and 25 quarter monthly payment dates for taxpayers who file on other 26 than a calendar monthly basis. 27 If any such payment provided for in this Section exceeds 28 the taxpayer's liabilities under this Act, the Retailers' 29 Occupation Tax Act, the Service Occupation Tax Act and the 30 Service Use Tax Act, as shown by an original monthly return, 31 the Department shall issue to the taxpayer a credit 32 memorandum no later than 30 days after the date of payment, 33 which memorandum may be submitted by the taxpayer to the 34 Department in payment of tax liability subsequently to be HB0708 Enrolled -222- LRB9203186EGfg 1 remitted by the taxpayer to the Department or be assigned by 2 the taxpayer to a similar taxpayer under this Act, the 3 Retailers' Occupation Tax Act, the Service Occupation Tax Act 4 or the Service Use Tax Act, in accordance with reasonable 5 rules and regulations to be prescribed by the Department, 6 except that if such excess payment is shown on an original 7 monthly return and is made after December 31, 1986, no credit 8 memorandum shall be issued, unless requested by the taxpayer. 9 If no such request is made, the taxpayer may credit such 10 excess payment against tax liability subsequently to be 11 remitted by the taxpayer to the Department under this Act, 12 the Retailers' Occupation Tax Act, the Service Occupation Tax 13 Act or the Service Use Tax Act, in accordance with reasonable 14 rules and regulations prescribed by the Department. If the 15 Department subsequently determines that all or any part of 16 the credit taken was not actually due to the taxpayer, the 17 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced 18 by 2.1% or 1.75% of the difference between the credit taken 19 and that actually due, and the taxpayer shall be liable for 20 penalties and interest on such difference. 21 If the retailer is otherwise required to file a monthly 22 return and if the retailer's average monthly tax liability to 23 the Department does not exceed $200, the Department may 24 authorize his returns to be filed on a quarter annual basis, 25 with the return for January, February, and March of a given 26 year being due by April 20 of such year; with the return for 27 April, May and June of a given year being due by July 20 of 28 such year; with the return for July, August and September of 29 a given year being due by October 20 of such year, and with 30 the return for October, November and December of a given year 31 being due by January 20 of the following year. 32 If the retailer is otherwise required to file a monthly 33 or quarterly return and if the retailer's average monthly tax 34 liability to the Department does not exceed $50, the HB0708 Enrolled -223- LRB9203186EGfg 1 Department may authorize his returns to be filed on an annual 2 basis, with the return for a given year being due by January 3 20 of the following year. 4 Such quarter annual and annual returns, as to form and 5 substance, shall be subject to the same requirements as 6 monthly returns. 7 Notwithstanding any other provision in this Act 8 concerning the time within which a retailer may file his 9 return, in the case of any retailer who ceases to engage in a 10 kind of business which makes him responsible for filing 11 returns under this Act, such retailer shall file a final 12 return under this Act with the Department not more than one 13 month after discontinuing such business. 14 In addition, with respect to motor vehicles, watercraft, 15 aircraft, and trailers that are required to be registered 16 with an agency of this State, every retailer selling this 17 kind of tangible personal property shall file, with the 18 Department, upon a form to be prescribed and supplied by the 19 Department, a separate return for each such item of tangible 20 personal property which the retailer sells, except that if, 21 in the same transaction, (i) a retailer of aircraft, 22 watercraft, motor vehicles or trailers transfers more than 23 one aircraft, watercraft, motor vehicle or trailer to another 24 aircraft, watercraft, motor vehicle or trailer retailer for 25 the purpose of resale or (ii) a retailer of aircraft, 26 watercraft, motor vehicles, or trailers transfers more than 27 one aircraft, watercraft, motor vehicle, or trailer to a 28 purchaser for use as a qualifying rolling stock as provided 29 in Section 3-55 of this Act, then that seller may report the 30 transfer of all the aircraft, watercraft, motor vehicles or 31 trailers involved in that transaction to the Department on 32 the same uniform invoice-transaction reporting return form. 33 For purposes of this Section, "watercraft" means a Class 2, 34 Class 3, or Class 4 watercraft as defined in Section 3-2 of HB0708 Enrolled -224- LRB9203186EGfg 1 the Boat Registration and Safety Act, a personal watercraft, 2 or any boat equipped with an inboard motor. 3 The transaction reporting return in the case of motor 4 vehicles or trailers that are required to be registered with 5 an agency of this State, shall be the same document as the 6 Uniform Invoice referred to in Section 5-402 of the Illinois 7 Vehicle Code and must show the name and address of the 8 seller; the name and address of the purchaser; the amount of 9 the selling price including the amount allowed by the 10 retailer for traded-in property, if any; the amount allowed 11 by the retailer for the traded-in tangible personal property, 12 if any, to the extent to which Section 2 of this Act allows 13 an exemption for the value of traded-in property; the balance 14 payable after deducting such trade-in allowance from the 15 total selling price; the amount of tax due from the retailer 16 with respect to such transaction; the amount of tax collected 17 from the purchaser by the retailer on such transaction (or 18 satisfactory evidence that such tax is not due in that 19 particular instance, if that is claimed to be the fact); the 20 place and date of the sale; a sufficient identification of 21 the property sold; such other information as is required in 22 Section 5-402 of the Illinois Vehicle Code, and such other 23 information as the Department may reasonably require. 24 The transaction reporting return in the case of 25 watercraft and aircraft must show the name and address of the 26 seller; the name and address of the purchaser; the amount of 27 the selling price including the amount allowed by the 28 retailer for traded-in property, if any; the amount allowed 29 by the retailer for the traded-in tangible personal property, 30 if any, to the extent to which Section 2 of this Act allows 31 an exemption for the value of traded-in property; the balance 32 payable after deducting such trade-in allowance from the 33 total selling price; the amount of tax due from the retailer 34 with respect to such transaction; the amount of tax collected HB0708 Enrolled -225- LRB9203186EGfg 1 from the purchaser by the retailer on such transaction (or 2 satisfactory evidence that such tax is not due in that 3 particular instance, if that is claimed to be the fact); the 4 place and date of the sale, a sufficient identification of 5 the property sold, and such other information as the 6 Department may reasonably require. 7 Such transaction reporting return shall be filed not 8 later than 20 days after the date of delivery of the item 9 that is being sold, but may be filed by the retailer at any 10 time sooner than that if he chooses to do so. The 11 transaction reporting return and tax remittance or proof of 12 exemption from the tax that is imposed by this Act may be 13 transmitted to the Department by way of the State agency with 14 which, or State officer with whom, the tangible personal 15 property must be titled or registered (if titling or 16 registration is required) if the Department and such agency 17 or State officer determine that this procedure will expedite 18 the processing of applications for title or registration. 19 With each such transaction reporting return, the retailer 20 shall remit the proper amount of tax due (or shall submit 21 satisfactory evidence that the sale is not taxable if that is 22 the case), to the Department or its agents, whereupon the 23 Department shall issue, in the purchaser's name, a tax 24 receipt (or a certificate of exemption if the Department is 25 satisfied that the particular sale is tax exempt) which such 26 purchaser may submit to the agency with which, or State 27 officer with whom, he must title or register the tangible 28 personal property that is involved (if titling or 29 registration is required) in support of such purchaser's 30 application for an Illinois certificate or other evidence of 31 title or registration to such tangible personal property. 32 No retailer's failure or refusal to remit tax under this 33 Act precludes a user, who has paid the proper tax to the 34 retailer, from obtaining his certificate of title or other HB0708 Enrolled -226- LRB9203186EGfg 1 evidence of title or registration (if titling or registration 2 is required) upon satisfying the Department that such user 3 has paid the proper tax (if tax is due) to the retailer. The 4 Department shall adopt appropriate rules to carry out the 5 mandate of this paragraph. 6 If the user who would otherwise pay tax to the retailer 7 wants the transaction reporting return filed and the payment 8 of tax or proof of exemption made to the Department before 9 the retailer is willing to take these actions and such user 10 has not paid the tax to the retailer, such user may certify 11 to the fact of such delay by the retailer, and may (upon the 12 Department being satisfied of the truth of such 13 certification) transmit the information required by the 14 transaction reporting return and the remittance for tax or 15 proof of exemption directly to the Department and obtain his 16 tax receipt or exemption determination, in which event the 17 transaction reporting return and tax remittance (if a tax 18 payment was required) shall be credited by the Department to 19 the proper retailer's account with the Department, but 20 without the 2.1% or 1.75% discount provided for in this 21 Section being allowed. When the user pays the tax directly 22 to the Department, he shall pay the tax in the same amount 23 and in the same form in which it would be remitted if the tax 24 had been remitted to the Department by the retailer. 25 Where a retailer collects the tax with respect to the 26 selling price of tangible personal property which he sells 27 and the purchaser thereafter returns such tangible personal 28 property and the retailer refunds the selling price thereof 29 to the purchaser, such retailer shall also refund, to the 30 purchaser, the tax so collected from the purchaser. When 31 filing his return for the period in which he refunds such tax 32 to the purchaser, the retailer may deduct the amount of the 33 tax so refunded by him to the purchaser from any other use 34 tax which such retailer may be required to pay or remit to HB0708 Enrolled -227- LRB9203186EGfg 1 the Department, as shown by such return, if the amount of the 2 tax to be deducted was previously remitted to the Department 3 by such retailer. If the retailer has not previously 4 remitted the amount of such tax to the Department, he is 5 entitled to no deduction under this Act upon refunding such 6 tax to the purchaser. 7 Any retailer filing a return under this Section shall 8 also include (for the purpose of paying tax thereon) the 9 total tax covered by such return upon the selling price of 10 tangible personal property purchased by him at retail from a 11 retailer, but as to which the tax imposed by this Act was not 12 collected from the retailer filing such return, and such 13 retailer shall remit the amount of such tax to the Department 14 when filing such return. 15 If experience indicates such action to be practicable, 16 the Department may prescribe and furnish a combination or 17 joint return which will enable retailers, who are required to 18 file returns hereunder and also under the Retailers' 19 Occupation Tax Act, to furnish all the return information 20 required by both Acts on the one form. 21 Where the retailer has more than one business registered 22 with the Department under separate registration under this 23 Act, such retailer may not file each return that is due as a 24 single return covering all such registered businesses, but 25 shall file separate returns for each such registered 26 business. 27 Beginning January 1, 1990, each month the Department 28 shall pay into the State and Local Sales Tax Reform Fund, a 29 special fund in the State Treasury which is hereby created, 30 the net revenue realized for the preceding month from the 1% 31 tax on sales of food for human consumption which is to be 32 consumed off the premises where it is sold (other than 33 alcoholic beverages, soft drinks and food which has been 34 prepared for immediate consumption) and prescription and HB0708 Enrolled -228- LRB9203186EGfg 1 nonprescription medicines, drugs, medical appliances and 2 insulin, urine testing materials, syringes and needles used 3 by diabetics. 4 Beginning January 1, 1990, each month the Department 5 shall pay into the County and Mass Transit District Fund 4% 6 of the net revenue realized for the preceding month from the 7 6.25% general rate on the selling price of tangible personal 8 property which is purchased outside Illinois at retail from a 9 retailer and which is titled or registered by an agency of 10 this State's government. 11 Beginning January 1, 1990, each month the Department 12 shall pay into the State and Local Sales Tax Reform Fund, a 13 special fund in the State Treasury, 20% of the net revenue 14 realized for the preceding month from the 6.25% general rate 15 on the selling price of tangible personal property, other 16 than tangible personal property which is purchased outside 17 Illinois at retail from a retailer and which is titled or 18 registered by an agency of this State's government. 19 Beginning August 1, 2000, each month the Department shall 20 pay into the State and Local Sales Tax Reform Fund 100% of 21 the net revenue realized for the preceding month from the 22 1.25% rate on the selling price of motor fuel and gasohol. 23 Beginning January 1, 1990, each month the Department 24 shall pay into the Local Government Tax Fund 16% of the net 25 revenue realized for the preceding month from the 6.25% 26 general rate on the selling price of tangible personal 27 property which is purchased outside Illinois at retail from a 28 retailer and which is titled or registered by an agency of 29 this State's government. 30 Of the remainder of the moneys received by the Department 31 pursuant to this Act, (a) 1.75% thereof shall be paid into 32 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 33 and on and after July 1, 1989, 3.8% thereof shall be paid 34 into the Build Illinois Fund; provided, however, that if in HB0708 Enrolled -229- LRB9203186EGfg 1 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 2 as the case may be, of the moneys received by the Department 3 and required to be paid into the Build Illinois Fund pursuant 4 to Section 3 of the Retailers' Occupation Tax Act, Section 9 5 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 6 Section 9 of the Service Occupation Tax Act, such Acts being 7 hereinafter called the "Tax Acts" and such aggregate of 2.2% 8 or 3.8%, as the case may be, of moneys being hereinafter 9 called the "Tax Act Amount", and (2) the amount transferred 10 to the Build Illinois Fund from the State and Local Sales Tax 11 Reform Fund shall be less than the Annual Specified Amount 12 (as defined in Section 3 of the Retailers' Occupation Tax 13 Act), an amount equal to the difference shall be immediately 14 paid into the Build Illinois Fund from other moneys received 15 by the Department pursuant to the Tax Acts; and further 16 provided, that if on the last business day of any month the 17 sum of (1) the Tax Act Amount required to be deposited into 18 the Build Illinois Bond Account in the Build Illinois Fund 19 during such month and (2) the amount transferred during such 20 month to the Build Illinois Fund from the State and Local 21 Sales Tax Reform Fund shall have been less than 1/12 of the 22 Annual Specified Amount, an amount equal to the difference 23 shall be immediately paid into the Build Illinois Fund from 24 other moneys received by the Department pursuant to the Tax 25 Acts; and, further provided, that in no event shall the 26 payments required under the preceding proviso result in 27 aggregate payments into the Build Illinois Fund pursuant to 28 this clause (b) for any fiscal year in excess of the greater 29 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 30 for such fiscal year; and, further provided, that the amounts 31 payable into the Build Illinois Fund under this clause (b) 32 shall be payable only until such time as the aggregate amount 33 on deposit under each trust indenture securing Bonds issued 34 and outstanding pursuant to the Build Illinois Bond Act is HB0708 Enrolled -230- LRB9203186EGfg 1 sufficient, taking into account any future investment income, 2 to fully provide, in accordance with such indenture, for the 3 defeasance of or the payment of the principal of, premium, if 4 any, and interest on the Bonds secured by such indenture and 5 on any Bonds expected to be issued thereafter and all fees 6 and costs payable with respect thereto, all as certified by 7 the Director of the Bureau of the Budget. If on the last 8 business day of any month in which Bonds are outstanding 9 pursuant to the Build Illinois Bond Act, the aggregate of the 10 moneys deposited in the Build Illinois Bond Account in the 11 Build Illinois Fund in such month shall be less than the 12 amount required to be transferred in such month from the 13 Build Illinois Bond Account to the Build Illinois Bond 14 Retirement and Interest Fund pursuant to Section 13 of the 15 Build Illinois Bond Act, an amount equal to such deficiency 16 shall be immediately paid from other moneys received by the 17 Department pursuant to the Tax Acts to the Build Illinois 18 Fund; provided, however, that any amounts paid to the Build 19 Illinois Fund in any fiscal year pursuant to this sentence 20 shall be deemed to constitute payments pursuant to clause (b) 21 of the preceding sentence and shall reduce the amount 22 otherwise payable for such fiscal year pursuant to clause (b) 23 of the preceding sentence. The moneys received by the 24 Department pursuant to this Act and required to be deposited 25 into the Build Illinois Fund are subject to the pledge, claim 26 and charge set forth in Section 12 of the Build Illinois Bond 27 Act. 28 Subject to payment of amounts into the Build Illinois 29 Fund as provided in the preceding paragraph or in any 30 amendment thereto hereafter enacted, the following specified 31 monthly installment of the amount requested in the 32 certificate of the Chairman of the Metropolitan Pier and 33 Exposition Authority provided under Section 8.25f of the 34 State Finance Act, but not in excess of the sums designated HB0708 Enrolled -231- LRB9203186EGfg 1 as "Total Deposit", shall be deposited in the aggregate from 2 collections under Section 9 of the Use Tax Act, Section 9 of 3 the Service Use Tax Act, Section 9 of the Service Occupation 4 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 5 into the McCormick Place Expansion Project Fund in the 6 specified fiscal years. 7 Fiscal Year Total Deposit 8 1993 $0 9 1994 53,000,000 10 1995 58,000,000 11 1996 61,000,000 12 1997 64,000,000 13 1998 68,000,000 14 1999 71,000,000 15 2000 75,000,000 16 2001 80,000,000 17 2002 84,000,000 18 2003 89,000,000 19 2004 93,000,000 20 2005 97,000,000 21 2006 102,000,000 22 2007 108,000,000 23 2008 115,000,000 24 2009 120,000,000 25 2010 126,000,000 26 2011 132,000,000 27 2012 138,000,000 28 2013 and 145,000,000 29 each fiscal year 30 thereafter that bonds 31 are outstanding under 32 Section 13.2 of the 33 Metropolitan Pier and 34 Exposition Authority HB0708 Enrolled -232- LRB9203186EGfg 1 Act, but not after fiscal year 2029. 2 Beginning July 20, 1993 and in each month of each fiscal 3 year thereafter, one-eighth of the amount requested in the 4 certificate of the Chairman of the Metropolitan Pier and 5 Exposition Authority for that fiscal year, less the amount 6 deposited into the McCormick Place Expansion Project Fund by 7 the State Treasurer in the respective month under subsection 8 (g) of Section 13 of the Metropolitan Pier and Exposition 9 Authority Act, plus cumulative deficiencies in the deposits 10 required under this Section for previous months and years, 11 shall be deposited into the McCormick Place Expansion Project 12 Fund, until the full amount requested for the fiscal year, 13 but not in excess of the amount specified above as "Total 14 Deposit", has been deposited. 15 Subject to payment of amounts into the Build Illinois 16 Fund and the McCormick Place Expansion Project Fund pursuant 17 to the preceding paragraphs or in any amendment thereto 18 hereafter enacted, each month the Department shall pay into 19 the Local Government Distributive Fund .4% of the net revenue 20 realized for the preceding month from the 5% general rate, or 21 .4% of 80% of the net revenue realized for the preceding 22 month from the 6.25% general rate, as the case may be, on the 23 selling price of tangible personal property which amount 24 shall, subject to appropriation, be distributed as provided 25 in Section 2 of the State Revenue Sharing Act. No payments or 26 distributions pursuant to this paragraph shall be made if the 27 tax imposed by this Act on photoprocessing products is 28 declared unconstitutional, or if the proceeds from such tax 29 are unavailable for distribution because of litigation. 30 Subject to payment of amounts into the Build Illinois 31 Fund, the McCormick Place Expansion Project Fund, and the 32 Local Government Distributive Fund pursuant to the preceding 33 paragraphs or in any amendments thereto hereafter enacted, 34 beginning July 1, 1993, the Department shall each month pay HB0708 Enrolled -233- LRB9203186EGfg 1 into the Illinois Tax Increment Fund 0.27% of 80% of the net 2 revenue realized for the preceding month from the 6.25% 3 general rate on the selling price of tangible personal 4 property. 5 Of the remainder of the moneys received by the Department 6 pursuant to this Act, 75% thereof shall be paid into the 7 State Treasury and 25% shall be reserved in a special account 8 and used only for the transfer to the Common School Fund as 9 part of the monthly transfer from the General Revenue Fund in 10 accordance with Section 8a of the State Finance Act. 11 As soon as possible after the first day of each month, 12 upon certification of the Department of Revenue, the 13 Comptroller shall order transferred and the Treasurer shall 14 transfer from the General Revenue Fund to the Motor Fuel Tax 15 Fund an amount equal to 1.7% of 80% of the net revenue 16 realized under this Act for the second preceding month. 17 Beginning April 1, 2000, this transfer is no longer required 18 and shall not be made. 19 Net revenue realized for a month shall be the revenue 20 collected by the State pursuant to this Act, less the amount 21 paid out during that month as refunds to taxpayers for 22 overpayment of liability. 23 For greater simplicity of administration, manufacturers, 24 importers and wholesalers whose products are sold at retail 25 in Illinois by numerous retailers, and who wish to do so, may 26 assume the responsibility for accounting and paying to the 27 Department all tax accruing under this Act with respect to 28 such sales, if the retailers who are affected do not make 29 written objection to the Department to this arrangement. 30 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 31 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 32 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, 33 eff. 1-1-01; revised 8-30-00.) HB0708 Enrolled -234- LRB9203186EGfg 1 Section 34. The Service Use Tax Act is amended by 2 changing Sections 3-5 and 3-45 as follows: 3 (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5) 4 Sec. 3-5. Exemptions. Use of the following tangible 5 personal property is exempt from the tax imposed by this Act: 6 (1) Personal property purchased from a corporation, 7 society, association, foundation, institution, or 8 organization, other than a limited liability company, that is 9 organized and operated as a not-for-profit service enterprise 10 for the benefit of persons 65 years of age or older if the 11 personal property was not purchased by the enterprise for the 12 purpose of resale by the enterprise. 13 (2) Personal property purchased by a non-profit Illinois 14 county fair association for use in conducting, operating, or 15 promoting the county fair. 16 (3) Personal property purchased by a not-for-profit arts 17 or cultural organization that establishes, by proof required 18 by the Department by rule, that it has received an exemption 19 under Section 501(c)(3) of the Internal Revenue Code and that 20 is organized and operated for the presentation or support of 21 arts or cultural programming, activities, or services. These 22 organizations include, but are not limited to, music and 23 dramatic arts organizations such as symphony orchestras and 24 theatrical groups, arts and cultural service organizations, 25 local arts councils, visual arts organizations, and media 26 arts organizations. 27 (4) Legal tender, currency, medallions, or gold or 28 silver coinage issued by the State of Illinois, the 29 government of the United States of America, or the government 30 of any foreign country, and bullion. 31 (5) Graphic arts machinery and equipment, including 32 repair and replacement parts, both new and used, and 33 including that manufactured on special order or purchased for HB0708 Enrolled -235- LRB9203186EGfg 1 lease, certified by the purchaser to be used primarily for 2 graphic arts production. 3 (6) Personal property purchased from a teacher-sponsored 4 student organization affiliated with an elementary or 5 secondary school located in Illinois. 6 (7) Farm machinery and equipment, both new and used, 7 including that manufactured on special order, certified by 8 the purchaser to be used primarily for production agriculture 9 or State or federal agricultural programs, including 10 individual replacement parts for the machinery and equipment, 11 including machinery and equipment purchased for lease, and 12 including implements of husbandry defined in Section 1-130 of 13 the Illinois Vehicle Code, farm machinery and agricultural 14 chemical and fertilizer spreaders, and nurse wagons required 15 to be registered under Section 3-809 of the Illinois Vehicle 16 Code, but excluding other motor vehicles required to be 17 registered under the Illinois Vehicle Code. Horticultural 18 polyhouses or hoop houses used for propagating, growing, or 19 overwintering plants shall be considered farm machinery and 20 equipment under this item (7). Agricultural chemical tender 21 tanks and dry boxes shall include units sold separately from 22 a motor vehicle required to be licensed and units sold 23 mounted on a motor vehicle required to be licensed if the 24 selling price of the tender is separately stated. 25 Farm machinery and equipment shall include precision 26 farming equipment that is installed or purchased to be 27 installed on farm machinery and equipment including, but not 28 limited to, tractors, harvesters, sprayers, planters, 29 seeders, or spreaders. Precision farming equipment includes, 30 but is not limited to, soil testing sensors, computers, 31 monitors, software, global positioning and mapping systems, 32 and other such equipment. 33 Farm machinery and equipment also includes computers, 34 sensors, software, and related equipment used primarily in HB0708 Enrolled -236- LRB9203186EGfg 1 the computer-assisted operation of production agriculture 2 facilities, equipment, and activities such as, but not 3 limited to, the collection, monitoring, and correlation of 4 animal and crop data for the purpose of formulating animal 5 diets and agricultural chemicals. This item (7) is exempt 6 from the provisions of Section 3-75. 7 (8) Fuel and petroleum products sold to or used by an 8 air common carrier, certified by the carrier to be used for 9 consumption, shipment, or storage in the conduct of its 10 business as an air common carrier, for a flight destined for 11 or returning from a location or locations outside the United 12 States without regard to previous or subsequent domestic 13 stopovers. 14 (9) Proceeds of mandatory service charges separately 15 stated on customers' bills for the purchase and consumption 16 of food and beverages acquired as an incident to the purchase 17 of a service from a serviceman, to the extent that the 18 proceeds of the service charge are in fact turned over as 19 tips or as a substitute for tips to the employees who 20 participate directly in preparing, serving, hosting or 21 cleaning up the food or beverage function with respect to 22 which the service charge is imposed. 23 (10) Oil field exploration, drilling, and production 24 equipment, including (i) rigs and parts of rigs, rotary rigs, 25 cable tool rigs, and workover rigs, (ii) pipe and tubular 26 goods, including casing and drill strings, (iii) pumps and 27 pump-jack units, (iv) storage tanks and flow lines, (v) any 28 individual replacement part for oil field exploration, 29 drilling, and production equipment, and (vi) machinery and 30 equipment purchased for lease; but excluding motor vehicles 31 required to be registered under the Illinois Vehicle Code. 32 (11) Proceeds from the sale of photoprocessing machinery 33 and equipment, including repair and replacement parts, both 34 new and used, including that manufactured on special order, HB0708 Enrolled -237- LRB9203186EGfg 1 certified by the purchaser to be used primarily for 2 photoprocessing, and including photoprocessing machinery and 3 equipment purchased for lease. 4 (12) Coal exploration, mining, offhighway hauling, 5 processing, maintenance, and reclamation equipment, including 6 replacement parts and equipment, and including equipment 7 purchased for lease, but excluding motor vehicles required to 8 be registered under the Illinois Vehicle Code. 9 (13) Semen used for artificial insemination of livestock 10 for direct agricultural production. 11 (14) Horses, or interests in horses, registered with and 12 meeting the requirements of any of the Arabian Horse Club 13 Registry of America, Appaloosa Horse Club, American Quarter 14 Horse Association, United States Trotting Association, or 15 Jockey Club, as appropriate, used for purposes of breeding or 16 racing for prizes. 17 (15) Computers and communications equipment utilized for 18 any hospital purpose and equipment used in the diagnosis, 19 analysis, or treatment of hospital patients purchased by a 20 lessor who leases the equipment, under a lease of one year or 21 longer executed or in effect at the time the lessor would 22 otherwise be subject to the tax imposed by this Act, to a 23 hospital that has been issued an active tax exemption 24 identification number by the Department under Section 1g of 25 the Retailers' Occupation Tax Act. If the equipment is leased 26 in a manner that does not qualify for this exemption or is 27 used in any other non-exempt manner, the lessor shall be 28 liable for the tax imposed under this Act or the Use Tax Act, 29 as the case may be, based on the fair market value of the 30 property at the time the non-qualifying u