093_SB1656enr

 
SB1656 Enrolled                      LRB093 03244 RCE 03261 b

 1        AN ACT concerning the legislature.

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

 4        Section  5.  The Illinois Administrative Procedure Act is
 5    amended by changing Section 1-20 as follows:

 6        (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
 7        Sec.  1-20.   "Agency"   means   each   officer,   board,
 8    commission,  and  agency created by the Constitution, whether
 9    in the executive, legislative, or judicial  branch  of  State
10    government,  but  other than the circuit court; each officer,
11    department,   board,   commission,    agency,    institution,
12    authority,  university, and body politic and corporate of the
13    State; each administrative unit or corporate outgrowth of the
14    State government that is created by or pursuant  to  statute,
15    other  than  units  of  local  government and their officers,
16    school districts, and boards of election  commissioners;  and
17    each  administrative unit or corporate outgrowth of the above
18    and as may be created by executive  order  of  the  Governor.
19    "Agency", however, does not include the following:
20             (1)  The  House  of  Representatives  and Senate and
21        their  respective  standing   and   service   committees,
22        including  without  limitation the Board of the Office of
23        the Architect of the Capitol and  the  Architect  of  the
24        Capitol  established  under  the  Legislative  Commission
25        Reorganization Act of 1984.
26             (2)  The Governor.
27             (3)  The  justices  and  judges  of  the Supreme and
28        Appellate Courts.
29    (Source: P.A. 87-823.)

30        Section 10.  The Civil Administrative Code of Illinois is
 
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 1    amended by changing Section 5-630 as follows:

 2        (20 ILCS 5/5-630) (was 20 ILCS 5/17)
 3        Sec. 5-630. Department  offices.  Each  department  shall
 4    maintain a central office in the Capitol Building, Centennial
 5    Building,  or  State Office Building at Springfield, in space
 6    rooms provided by the Secretary of State, or  in  the  Armory
 7    Building  at Springfield, in rooms provided by the Department
 8    of Central Management  Services,  or  the  Architect  of  the
 9    Capitol, excepting the Department of Agriculture, which shall
10    maintain  a  central  office  at  the  State  fair grounds at
11    Springfield, and  the  Department  of  Transportation,  which
12    shall  also  maintain  a  Division  of Aeronautics at Capital
13    Airport. The director of each department (see Section 5-10 of
14    this Law for  the  definition  of  "director")  may,  in  the
15    director's  discretion and with the approval of the Governor,
16    establish and maintain, at places  other  than  the  seat  of
17    government, branch offices for the conduct of any one or more
18    functions of the director's department.
19    (Source: P.A. 91-239, eff. 1-1-00.)

20        Section   13.   The  Governor's  Office of Management and
21    Budget Act is amended by changing Section 5.1 as follows:

22        (20 ILCS 3005/5.1) (from Ch. 127, par. 415)
23        Sec. 5.1. Under such  regulations  as  the  Governor  may
24    prescribe, every State agency, other than  State colleges and
25    universities,  agencies  of legislative and judicial branches
26    of State government, and elected State executive officers not
27    including the  Governor,  shall  file  with  the  Legislative
28    Research   Unit   Illinois  Commission  on  Intergovernmental
29    Cooperation all applications for  federal  grants,  contracts
30    and  agreements.  The Legislative Research Unit Commission on
31    Intergovernmental Cooperation shall immediately  forward  all
 
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 1    such  materials  to the Office for the Office's approval. Any
 2    application for federal funds which has not  received  Office
 3    approval shall be considered void and any funds received as a
 4    result  of  such application shall be returned to the federal
 5    government before they are spent. Each State  agency  subject
 6    to this Section shall, at least 45 days before submitting its
 7    application  to  the  federal agency, report in detail to the
 8    Legislative Research  Unit  Commission  on  Intergovernmental
 9    Cooperation  what the grant is intended to accomplish and the
10    specific plans for  spending  the  federal  dollars  received
11    pursuant   to   the  grant.  The  Legislative  Research  Unit
12    Commission on Intergovernmental Cooperation shall immediately
13    forward such materials to the Office. The Office may  approve
14    the  submission  of  an  application to the federal agency in
15    less than 45 days after its receipt by the  Office  when  the
16    Office determines that the circumstances require an expedited
17    application.   Such  reports  of  applications  and  plans of
18    expenditure shall include but shall not be limited to:
19        (1)  an estimate of both the direct and indirect costs in
20    non-federal revenues of participation in the federal program;
21        (2)  the probable length of duration of  the  program,  a
22    schedule  of fund receipts and an estimate of the cost to the
23    State of maintaining the program  if  and  when  the  federal
24    financial assistance or grant is terminated;
25        (3)  a  list  of  State  or  local agencies utilizing the
26    financial assistance as direct recipients or subgrantees;
27        (4)  a description of each program proposed to be  funded
28    by the financial assistance or grant; and
29        (5)  a  description of any financial, program or planning
30    commitment on the part of the State required by  the  federal
31    government  as  a  requirement  for  receipt of the financial
32    assistance or grant.
33        All  State  agencies  subject  to  this   Section   shall
34    immediately  file with the Legislative Research Unit Illinois
 
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 1    Commission on Intergovernmental Cooperation,  any  awards  of
 2    federal  funds  and  any  and all changes in the programs, in
 3    awards, in program duration, in schedule  of  fund  receipts,
 4    and  in  estimated  costs  to  the  State  of maintaining the
 5    program if and when federal assistance is terminated,  or  in
 6    direct  and indirect costs, of any grant under which they are
 7    or expect to be  receiving  federal  funds.  The  Legislative
 8    Research  Unit  Commission  on  Intergovernmental Cooperation
 9    shall immediately forward such materials to the Office.
10        The Office in cooperation with the  Legislative  Research
11    Unit   Commission   on  Intergovernmental  Cooperation  shall
12    develop standard forms and a system  of  identifying  numbers
13    for  the  applications  and reports required by this Section.
14    Upon receipt from the State agencies of each application  and
15    report,   the  Legislative  Research  Unit  Commission  shall
16    promptly  designate  the   appropriate   identifying   number
17    therefor  and communicate such number to the respective State
18    agency, the Comptroller and the Office.
19        Each State agency subject to this Section  shall  include
20    in  each  report to the Comptroller of the receipt of federal
21    funds the identifying number applicable to  the  grant  under
22    which such funds are received.
23    (Source: P.A. 93-25, eff. 6-20-03.)

24        Section  15.  The Illinois Construction Evaluation Act is
25    amended by changing Section 2 as follows:

26        (20 ILCS 3015/2) (from Ch. 127, par. 3202)
27        Sec. 2.  (a) There is  hereby  created  the  Construction
28    Evaluation  Council,  hereinafter  the "Council", which shall
29    consist  of  the  Architect  of  the  Capitol  the  Executive
30    Director of the Space Needs Commission, the Director  of  the
31    Governor's  Office  of  Management  and  Budget Bureau of the
32    Budget,  and  the  Director  of  the  Department  of  Central
 
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 1    Management Services or their designees.  The members  of  the
 2    Council  shall select from among themselves one person to act
 3    as chairman for a term of 2 years.
 4        (b)  Members of the Council shall serve without pay,  but
 5    shall  be  reimbursed  for  necessary  and  reasonable  costs
 6    incurred in the performance of their duties.
 7        (c)  The Council shall meet at the call of the chairman.
 8    (Source: P.A. 84-859; revised 8-23-03.)

 9        Section 20.  The Capital Development Board Act is amended
10    by changing Section 1.1 as follows:

11        (20 ILCS 3105/1.1) (from Ch. 127, par. 771.1)
12        Sec.   1.1.    Nothing  herein  applies  to  the  design,
13    planning,  construction,  reconstruction,  improvement,   and
14    installation  of  capital facilities within the State Capitol
15    Building and other  areas  of  the  legislative  complex,  as
16    defined  in  Section  8A-15  of  the  Legislative  Commission
17    Reorganization  Act  of 1984, which functions shall be within
18    the exclusive jurisdiction of the Architect  of  the  Capitol
19    Space  Needs  Commission  created  by  "The Space Needs Act",
20    approved September 8, 1967, as  now and hereafter amended.
21    (Source: P.A. 79-835.)

22        Section  25.   The  Government  Buildings   Energy   Cost
23    Reduction  Act  of  1991 is amended by changing Section 20 as
24    follows:

25        (20 ILCS 3953/20) (from Ch. 96 1/2, par. 9820)
26        Sec. 20.  Powers  and  duties.   The  Interagency  Energy
27    Conservation Committee shall have the authority:
28        (a)  to prepare an annual assessment of opportunities for
29    energy cost reduction in State owned and leased buildings and
30    facilities  designated  by  the  committee.   Each assessment
 
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 1    shall be completed by September 15 of each year, beginning in
 2    1992, shall be available to the public and shall include:
 3             (1)  data on energy consumption and costs  for  each
 4        State  building  and facility designated by the committee
 5        for  the  preceding  5  years  and   anticipated   energy
 6        consumption and cost data projected for the next 3 years;
 7             (2)  energy  conservation measures deployed in State
 8        buildings and  facilities  designated  by  the  committee
 9        during the preceding year;
10             (3)  evaluation  studies  of the cost reductions and
11        other benefits realized through the  deployment  of  such
12        measures; and
13             (4)  energy  conservation  opportunities  (based  on
14        audits,   technical   analyses   or   other   methods  of
15        determining such  opportunities)  and  associated  energy
16        saving  operation  and maintenance procedures and capital
17        projects for each State building or  facility  designated
18        by the committee.
19        (b)  to  conduct such surveys, audits, technical analyses
20    and other research or investigations as may be  necessary  to
21    support the preparation of the annual plan and the objectives
22    of this Act.
23        (c)  to  review  all proposed capital projects and energy
24    cost operating budgets of State agencies  designated  by  the
25    committee  and  recommend  energy conservation measures which
26    would reduce  operating  costs  in  buildings  or  facilities
27    affected by such capital projects.
28        (d)  to  develop,  after  study  of  existing or emerging
29    energy  conservation  technologies,  guidelines  as  may   be
30    necessary  or desirable to further the objectives of this Act
31    or to aid the work of the Committee.
32        (e)  to provide, at  the  request  of  the  Secretary  of
33    State,  the Architect of the Capitol, Legislative Space Needs
34    Commission  or  any  other  officer  or   entity   of   State
 
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 1    government,  technical and consultative assistance concerning
 2    energy cost management or conservation.
 3        (f)  to annually recommend to the  Governor  by  November
 4    15,  beginning  in  1992, specific operations and maintenance
 5    procedure modifications and capital projects for State  owned
 6    and leased buildings and facilities designed to reduce energy
 7    consumption and costs.
 8        (g)  to  issue  a  report  to  the  Governor  and General
 9    Assembly by March 31 of each odd-numbered year, beginning  in
10    1993,  describing  the  status  of government building energy
11    cost reduction and management efforts in the  State,  listing
12    obstacles  to building energy efficiency improvement together
13    with  related  recommendations  for  statutory  change,   and
14    identifying  opportunities  for  public  sector  energy  cost
15    reductions   not  addressed  by  this  Act  or  the  programs
16    developed pursuant hereto.
17    (Source: P.A. 87-852.)

18        Section  30.  The Pension Impact Note Act is  amended  by
19    changing Section 2 as follows:

20        (25 ILCS 55/2) (from Ch. 63, par. 42.42)
21        Sec. 2.  Pension impact notes.  The Illinois Economic and
22    Fiscal   Pension  Laws  Commission,  hereafter  in  this  Act
23    referred to as the  "Commission",  shall  prepare  a  written
24    pension system impact note in relation to any bill introduced
25    in  either  house  of  the General Assembly which proposes to
26    amend, revise, or  add  to  any  provision  of  the  Illinois
27    Pension   Code   or   the   State  Pension  Funds  Continuing
28    Appropriation Act.  Upon the introduction of any  such  bill,
29    the  Clerk  of the House or the Secretary of the Senate shall
30    forward the bill to the Commission, which shall prepare  such
31    a  note  within  7 calendar days after receiving the request.
32    The bill shall be held on second reading until the  note  has
 
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 1    been received.
 2        Copies  of each pension impact note shall be furnished by
 3    the Commission to the presiding officer of  each  house,  the
 4    minority  leader  of  each  house,  the Clerk of the House of
 5    Representatives, the Secretary of the Senate, the sponsor  of
 6    the  bill  which  is  the subject of the note, the member, if
 7    any, who initiated the request for the note, the Chairman  of
 8    the  House  Committee  on  Personnel  and  Pensions,  and the
 9    Chairman of the Senate Committee on Insurance,  Pensions  and
10    Licensed Activities.
11    (Source: P.A. 89-113, eff. 7-7-95.)

12        (25 ILCS 125/Act rep.)
13        Section 35.  The Space Needs Act is repealed.

14        Section  40.   The  Legislative Commission Reorganization
15    Act of 1984 is amended by changing Sections 1-3,  1-5,  3A-1,
16    4-1,  4-3,  4-4,  4-7,  4-9,  10-3, and 10-6, by changing and
17    resectioning Section 4-2 as Sections 4-2 and  4-2.1,  and  by
18    adding Article 8A as follows:

19        (25 ILCS 130/1-3) (from Ch. 63, par. 1001-3)
20        Sec.  1-3.  Legislative  support  services agencies.  The
21    Joint  Committee   on   Legislative   Support   Services   is
22    responsible  for establishing general policy and coordinating
23    activities among the legislative support  services  agencies.
24    The   legislative   support  services  agencies  include  the
25    following:
26        (1)  Joint Committee on Administrative Rules;
27        (2)  Illinois Economic and Fiscal Commission;
28        (3)  Illinois     Commission     on     Intergovernmental
29    Cooperation;
30        (3) (4)  Legislative Information System;
31        (4) (5)  Legislative Reference Bureau;
 
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 1        (5) (6)  Legislative Audit Commission;
 2        (7)  Space Needs Commission;
 3        (6) (8)  Legislative Printing Unit;
 4        (7) (9)  Legislative Research Unit; and
 5        (10)  Citizens Assembly; and
 6        (11)  Pension Laws Commission
 7        (8)  Office of the Architect of the Capitol.
 8    (Source: P.A. 89-113, eff. 7-7-95.)

 9        (25 ILCS 130/1-5) (from Ch. 63, par. 1001-5)
10        Sec. 1-5. Composition of agencies; directors.
11        (a)(1)  Each legislative support services  agency  listed
12        in  Section  1-3 is hereafter in this Section referred to
13        as the Agency.
14        (2)  (Blank). The Citizens Assembly shall consist of  the
15    14  co-chairpersons  of  the  Citizens Councils created under
16    Article 11A.
17        (2.1)  (Blank). The Pension Laws Commission shall consist
18    of 8 members of the General Assembly,  of  whom  2  shall  be
19    appointed  by  the  President  of  the  Senate,  2  shall  be
20    appointed  by  the  Minority Leader of the Senate, 2 shall be
21    appointed by the Speaker of the House of Representatives, and
22    2 shall be appointed by the Minority Leader of the  House  of
23    Representatives;  plus  8  public  members  with knowledge of
24    privately funded and operated pension plans, of whom 2  shall
25    be  appointed  by  the  President  of  the Senate, 2 shall be
26    appointed by the Minority Leader of the Senate,  2  shall  be
27    appointed by the Speaker of the House of Representatives, and
28    2  shall  be appointed by the Minority Leader of the House of
29    Representatives. All appointments shall  be  in  writing  and
30    filed with the Secretary of State as a public record.
31        Legislative  members of the Pension Laws Commission shall
32    be appointed during the month of January in each odd-numbered
33    year for 2-year terms beginning February 1.  Any  vacancy  on
 
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 1    the Commission shall be filled by appointment for the balance
 2    of  the  term in the same manner as the original appointment.
 3    A vacancy exists when a legislative member ceases to hold the
 4    elected legislative office held at the time  of  appointment.
 5    The  initial  legislative  members of the Commission shall be
 6    appointed as soon as practicable after the effective date  of
 7    this amendatory Act and shall serve until January 31, 1997.
 8        (2.5)  The  Board  of  the Office of the Architect of the
 9    Capitol  shall  consist  of  the  Secretary   and   Assistant
10    Secretary  of the Senate and the Clerk and Assistant Clerk of
11    the House of Representatives.
12        (3)  The  other  legislative  support  services  agencies
13    shall each consist of 12 members of the General Assembly,  of
14    whom  3  shall be appointed by the President of the Senate, 3
15    shall be appointed by the Minority Leader of  the  Senate,  3
16    shall   be   appointed   by  the  Speaker  of  the  House  of
17    Representatives, and 3 shall be  appointed  by  the  Minority
18    Leader  of  the  House  of Representatives.  All appointments
19    shall be in writing and filed with the Secretary of State  as
20    a public record.
21        Members  shall  serve a 2-year two year term, and must be
22    appointed by the Joint Committee during the month of  January
23    in  each  odd-numbered  year  for terms beginning February 1.
24    Any vacancy in an Agency shall be filled by  appointment  for
25    the  balance  of  the term in the same manner as the original
26    appointment.  A vacancy shall exist when a member  no  longer
27    holds  the elected legislative office held at the time of the
28    appointment or at the termination of the member's legislative
29    service.
30        (b)  (Blank).
31        (c)  Every two years the members  of  each  Agency  shall
32    elect,  During  the  month  of  February of each odd-numbered
33    year, the Joint Committee  on  Legislative  Support  Services
34    shall  select from the members of each agency, other than the
 
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 1    Office of the Architect of the  Capitol,  2  co-chairmen  and
 2    such  other  officers  as the Joint Committee deems they deem
 3    necessary.  If members of the  Agency  cannot  agree  on  the
 4    co-chairmen   by  March  1  of  the  odd-numbered  year,  the
 5    co-chairmen shall be selected from among the members  by  the
 6    Joint   Committee  on  Legislative  Support  Services.    The
 7    co-chairmen of each Agency shall serve for a 2-year  two-year
 8    term,  beginning February 1 of the odd-numbered year, and the
 9    2 co-chairmen shall not be members of or identified with  the
10    same  house  or the same political party.  The co-chairmen of
11    the Board of the Office of the Architect of the Capitol shall
12    be the Secretary of the Senate and the Clerk of the House  of
13    Representatives,  each  ex  officio.  If a co-chairman of the
14    Citizens Assembly is not a member of the General Assembly, he
15    shall be considered to be identified with the house  and  the
16    political  party  of  the  legislative  leader by whom he was
17    appointed.  The co-chairmen of the  Pension  Laws  Commission
18    shall be legislative members of the Commission.
19        Each  Agency shall meet twice annually or more often upon
20    the call of the chair or any 9 members (or any 3  members  in
21    the  case  of the Office of the Architect of the Capitol).  A
22    quorum of the Agency shall  consist  of  a  majority  of  the
23    appointed members.
24        (d)  Members   of   each   Agency   shall  serve  without
25    compensation, but shall be reimbursed for  expenses  incurred
26    in  carrying  out  the duties of the Agency pursuant to rules
27    and regulations adopted by the Joint Committee on Legislative
28    Support Services.
29        (e)  Beginning February 1, 1985, and every  2  two  years
30    thereafter,  the  Joint  Committee  shall select an Executive
31    Director who shall be the chief executive officer  and  staff
32    director  of  each  Agency.   The  Executive  Director  shall
33    receive a salary as fixed by the Joint Committee and shall be
34    authorized  to  employ  and fix the compensation of necessary
 
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 1    professional, technical and secretarial staff  and  prescribe
 2    their  duties,  sign  contracts,  and  issue vouchers for the
 3    payment of obligations  pursuant  to  rules  and  regulations
 4    adopted   by  the  Joint  Committee  on  Legislative  Support
 5    Services.  The Executive Director and other employees of  the
 6    Agency shall not be subject to the Personnel Code.
 7        The  executive director of the Office of the Architect of
 8    the Capitol shall be known as the Architect of the Capitol.
 9    (Source: P.A. 89-113, eff. 7-7-95.)

10        (25 ILCS 130/3A-1)
11        Sec. 3A-1. Economic and Fiscal Pension  Laws  Commission;
12    pension laws.
13        (a)  The  Economic  and Fiscal Pension Laws Commission is
14    hereby established as a legislative support services  agency.
15    The  Commission is subject to the provisions of this Act.  It
16    shall have the powers, and perform the duties, and  delegated
17    to  it  under  this Act, the Pension Impact Note Act, and the
18    Illinois Pension Code and shall perform any  other  functions
19    that may be provided by law.
20        (b)  The  Pension Laws Commission shall make a continuing
21    study of the laws and practices pertaining  to  pensions  and
22    related  retirement  and  disability  benefits for persons in
23    State or local government service  and  their  survivors  and
24    dependents,  shall  evaluate existing laws and practices, and
25    shall review and make recommendations on proposed changes  to
26    those laws and practices.
27        (c)  The   Commission   shall   be  responsible  for  the
28    preparation of  Pension  Impact  Notes  as  provided  in  the
29    Pension Impact Note Act.
30        (d)  The  Commission shall report to the General Assembly
31    annually or as it deems necessary or useful on the results of
32    its studies and the performance of its duties.
33        (e)  The Commission may request assistance from any other
 
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 1    entity as necessary or useful  for  the  performance  of  its
 2    duties.
 3        (f)  For purposes of the Successor Agency Act and Section
 4    9b  of  the  State  Finance  Act,  the  Economic  and  Fiscal
 5    Commission  is  the successor to the Pension Laws Commission.
 6    The Economic and Fiscal Commission succeeds  to  and  assumes
 7    all  powers,  duties,  rights,  responsibilities,  personnel,
 8    assets,  liabilities,  and  indebtedness  of the Pension Laws
 9    Commission. Any reference in any law, rule,  form,  or  other
10    document  to  the  Pension  Laws Commission is deemed to be a
11    reference to the Economic and Fiscal Commission. The Illinois
12    Economic and Fiscal Commission shall continue to perform  the
13    functions  and  duties  that are being transferred from it to
14    the Pension Laws Commission by this amendatory  Act  of  1995
15    until  the  Pension  Laws  Commission  has been appointed and
16    funded and is prepared to begin its operations.
17    (Source: P.A. 89-113, eff. 7-7-95; 90-14, eff. 7-1-97.)

18        (25 ILCS 130/4-1) (from Ch. 63, par. 1004-1)
19        Sec. 4-1.  For purposes of the Successor Agency  Act  and
20    Section 9b of the State Finance Act, the Legislative Research
21    Unit   is   the  successor  to  the  Illinois  Commission  on
22    Intergovernmental Cooperation. The Legislative Research  Unit
23    succeeds   to   and   assumes  all  powers,  duties,  rights,
24    responsibilities,   personnel,   assets,   liabilities,   and
25    indebtedness of the Illinois Commission on  Intergovernmental
26    Cooperation.  Any  reference in any law, rule, form, or other
27    document to  the  Illinois  Commission  on  Intergovernmental
28    Cooperation  is  deemed  to be a reference to the Legislative
29    Research Unit. The Illinois Commission  on  Intergovernmental
30    Cooperation,  hereinafter referred to as the "Commission", is
31    hereby established as a legislative support services  agency.
32    The  Commission shall perform the powers and duties delegated
33    to it under this Act and  such  other  functions  as  may  be
 
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 1    provided by law.
 2    (Source: P.A. 83-1257.)

 3        (25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)
 4        Sec.  4-2.  Intergovernmental functions.  It shall be the
 5    function of the Legislative Research Unit this Commission:
 6        (1)  To carry forward the participation of this State  as
 7    a member of the Council of State Governments.
 8        (2)  To  encourage and assist the legislative, executive,
 9    administrative and judicial officials and employees  of  this
10    State   to   develop   and   maintain   friendly  contact  by
11    correspondence, by conference, and otherwise, with  officials
12    and employees of the other States, of the Federal Government,
13    and of local units of government.
14        (3)  To  endeavor  to  advance  cooperation  between this
15    State  and  other  units  of  government  whenever  it  seems
16    advisable to do so  by  formulating  proposals  for,  and  by
17    facilitating:
18             (a)  The adoption of compacts.
19             (b)  The   enactment   of   uniform   or  reciprocal
20        statutes.
21             (c)  The   adoption   of   uniform   or   reciprocal
22        administrative rules and regulations.
23             (d)  The  informal   cooperation   of   governmental
24        offices with one another.
25             (e)  The   personal   cooperation   of  governmental
26        officials and employees with one another individually.
27             (f)  The interchange and clearance of  research  and
28        information.
29             (g)  Any other suitable process, and
30             (h)  To  do  all such acts as will enable this State
31        to do its part in forming a more perfect union among  the
32        various   governments   in   the  United  States  and  in
33        developing the Council  of  State  Governments  for  that
 
SB1656 Enrolled            -15-      LRB093 03244 RCE 03261 b
 1        purpose.
 2    (Source: P.A. 87-961; revised 8-23-03.)

 3        (25 ILCS 130/4-2.1 new)
 4        Sec.   4-2.1.  Federal   program   functions.    (4)  The
 5    Legislative  Research  Unit  Commission is established as the
 6    information center for the General Assembly in the  field  of
 7    federal-state  relations  and  as  State  Central Information
 8    Reception Agency for the  purpose  of  receiving  information
 9    from  federal  agencies  under  the  United  States Office of
10    Management and Budget circular A-98  and  the  United  States
11    Department  of the Treasury Circular TC-1082 or any successor
12    circulars promulgated under authority of  the  United  States
13    Inter-governmental  Cooperation  Act  of 1968. Its powers and
14    duties in this capacity include, but are not limited to:
15             (a)  Compiling and maintaining  current  information
16        on available and pending federal aid programs for the use
17        of the General Assembly and legislative agencies;
18             (b)  Analyzing   the  relationship  of  federal  aid
19        programs with state and locally  financed  programs,  and
20        assessing the impact of federal aid programs on the State
21        generally;
22             (c)  Reporting  annually  to the General Assembly on
23        the adequacy of programs financed by federal aid  in  the
24        State,  the  types  and nature of federal aid programs in
25        which  State  agencies  or  local  governments  did   not
26        participate, and to make recommendations on such matters;
27             (d)  Cooperating   with  the  Governor's  Office  of
28        Management and Budget Illinois Bureau of the  Budget  and
29        with any State of Illinois offices located in Washington,
30        D.C.,   in   obtaining   information  concerning  federal
31        grant-in-aid legislation and proposals having  an  impact
32        on the State of Illinois;
33             (e)  Cooperating   with  the  Governor's  Office  of
 
SB1656 Enrolled            -16-      LRB093 03244 RCE 03261 b
 1        Management and Budget Bureau of the Budget in  developing
 2        forms    and   identifying   number   systems   for   the
 3        documentation  of  applications,  awards,  receipts   and
 4        expenditures of federal funds by State agencies;
 5             (f)  Receiving  from  every State agency, other than
 6        State colleges and universities, agencies of  legislative
 7        and  judicial  branches  of State government, and elected
 8        State executive officers not including the Governor,  all
 9        applications for federal grants, contracts and agreements
10        and  notification  of any awards of federal funds and any
11        and all changes in the programs, in  awards,  in  program
12        duration,  in schedule of fund receipts, and in estimated
13        costs to the State of maintaining the program if and when
14        federal  assistance  is  terminated,  or  in  direct  and
15        indirect costs, of any grant  under  which  they  are  or
16        expect to be receiving federal funds;
17             (g)  Forwarding   to   the   Governor's   Office  of
18        Management and Budget Bureau of the Budget all  documents
19        received   under   paragraph   (f)   after  assigning  an
20        appropriate, State application identifier number  to  all
21        applications; and
22             (h)  Reporting such information as is received under
23        subparagraph  (f) to the President and Minority Leader of
24        the Senate and the Speaker and  Minority  Leader  of  the
25        House    of    Representatives   and   their   respective
26        appropriation staffs and to any  member  of  the  General
27        Assembly on a monthly basis at the request of the member.
28        The  State colleges and universities, the agencies of the
29    legislative and judicial branches of  State  government,  and
30    the  elected  State  executive  officers,  not  including the
31    Governor, shall  submit  to  the  Legislative  Research  Unit
32    Commission,   in  a  manner  prescribed  by  the  Legislative
33    Research  Unit  Commission,  summaries  of  applications  for
34    federal funds filed and grants of federal funds awarded.
 
SB1656 Enrolled            -17-      LRB093 03244 RCE 03261 b
 1    (Source: P.A. 87-961; revised 8-23-03.)

 2        (25 ILCS 130/4-3) (from Ch. 63, par. 1004-3)
 3        Sec.  4-3. The Legislative Research Unit Commission shall
 4    establish such committees as it  deems  advisable,  in  order
 5    that  they  may  confer  and  formulate  proposals concerning
 6    effective means to secure intergovernmental harmony, and  may
 7    perform  other functions for the Unit Commission in obedience
 8    to  its  decision.  Subject  to  the  approval  of  the  Unit
 9    Commission, the member or  members  of  each  such  committee
10    shall  be  appointed  by the co-chairmen Chairman of the Unit
11    Commission. State officials or employees who are not  members
12    of  the  Unit Commission on Intergovernmental Cooperation may
13    be appointed as members of any such  committee,  but  private
14    citizens holding no governmental position in this State shall
15    not  be  eligible. The Unit Commission may provide such other
16    rules as it considers appropriate concerning  the  membership
17    and   the   functioning  of  any  such  committee.  The  Unit
18    Commission may provide for advisory boards for itself and for
19    its various committees, and may authorize private citizens to
20    serve on such boards.
21    (Source: P.A. 83-1257.)

22        (25 ILCS 130/4-4) (from Ch. 63, par. 1004-4)
23        Sec. 4-4.  The  General  Assembly  finds  that  the  most
24    efficient and productive use of federal block grant funds can
25    be   achieved   through   the   coordinated  efforts  of  the
26    Legislature, the Executive,  State  and  local  agencies  and
27    private  citizens.  Such coordination is possible through the
28    creation of an Advisory Committee on Block  Grants  empowered
29    to  review,  analyze  and  make  recommendations  through the
30    Legislative Research Unit Commission to the General  Assembly
31    and the Governor on the use of federally funded block grants.
32        The  Legislative Research Unit Commission shall establish
 
SB1656 Enrolled            -18-      LRB093 03244 RCE 03261 b
 1    an Advisory Committee on Block Grants.  The  primary  purpose
 2    of  the  Advisory  Committee  shall  be  the oversight of the
 3    distribution and use of federal block grant funds.
 4        The Advisory Committee shall consist of 4 public  members
 5    appointed  by  the  Joint  Committee  on  Legislative Support
 6    Services and the members of  the  Legislative  Research  Unit
 7    Commission.  A  chairperson shall be chosen by the members of
 8    the Advisory Committee.
 9    (Source: P.A. 83-1257.)

10        (25 ILCS 130/4-7) (from Ch. 63, par. 1004-7)
11        Sec. 4-7. The Legislative Research Unit Commission  shall
12    report  to  the  Governor  and  to  the Legislature within 15
13    fifteen days after the convening of  each  General  Assembly,
14    and  at  such other time as it deems appropriate. The members
15    of all committees which it establishes  shall  serve  without
16    compensation  for  such service, but they shall be paid their
17    necessary expenses in carrying out  their  obligations  under
18    this  Act.  The  Unit  Commission may by contributions to the
19    Council of State Governments, participate with  other  states
20    in  maintaining  the  said  Council's  district  and  central
21    secretariats, and its other governmental services.
22        The  requirement  for  reporting  to the General Assembly
23    shall be satisfied by filing copies of the  report  with  the
24    Speaker,  the  Minority  Leader and the Clerk of the House of
25    Representatives and the President, the  Minority  Leader  and
26    the  Secretary  of  the  Senate  and the Legislative Research
27    Unit, as required by Section 3.1 of "An Act to revise the law
28    in relation to the General Assembly", approved  February  25,
29    1874,  as amended, and filing such additional copies with the
30    State Government Report Distribution Center for  the  General
31    Assembly  as  is required under paragraph (t) of Section 7 of
32    the State Library Act.
33    (Source: P.A. 83-1257.)
 
SB1656 Enrolled            -19-      LRB093 03244 RCE 03261 b
 1        (25 ILCS 130/4-9) (from Ch. 63, par. 1004-9)
 2        Sec. 4-9.  Intergovernmental Cooperation Conference Fund.
 3        (a)  There  is  hereby  created   the   Intergovernmental
 4    Cooperation  Conference  Fund, hereinafter called the "Fund".
 5    The Fund shall be outside the State treasury, but  the  State
 6    Treasurer shall act as ex-officio custodian of the Fund.
 7        (b)  The  Legislative Research Unit Commission may charge
 8    and collect fees from participants  at  conferences  held  in
 9    connection  with  the  Unit's  Commission's  exercise  of its
10    powers and duties.  The fees shall be charged  in  an  amount
11    calculated  to cover the cost of the conferences and shall be
12    deposited in the Fund.
13        (c)  Monies in the Fund shall be used to pay the costs of
14    the conferences. As soon as  may  be  practicable  after  the
15    close  of  business  on  June  30  of  each  year,  the  Unit
16    Commission   shall  notify  the  Comptroller  of  the  amount
17    remaining in the Fund which  is  not  necessary  to  pay  the
18    expenses of conferences held during the expiring fiscal year.
19    Such  amount  shall be transferred by the Comptroller and the
20    Treasurer from the Fund to the  General  Revenue  Fund.   If,
21    during   any   fiscal  year,  the  monies  in  the  Fund  are
22    insufficient to pay the costs of conferences held during that
23    fiscal year, the difference shall be paid from  other  monies
24    which may be available to the Commission.
25    (Source: P.A. 85-491.)

26        (25 ILCS 130/Art. 8A heading new)
27                             ARTICLE 8A

28        (25 ILCS 130/8A-5 new)
29        Sec. 8A-5.  Architect of the Capitol.
30        (a)  The  Architect  of  the Capitol must be an architect
31    licensed under the Illinois Architecture Practice Act of 1989
32    and must have at least 5 years of experience in the field  of
 
SB1656 Enrolled            -20-      LRB093 03244 RCE 03261 b
 1    architecture, historic preservation, or both.
 2        (b)  The  offices of the Architect of the Capitol and his
 3    or her staff shall be located in Springfield, Illinois, in  a
 4    building  or  facility  occupied  in  whole or in part by the
 5    legislative branch.
 6        (c)  The Architect of the Capitol shall have  the  powers
 7    and  duties provided by law and by the Board of the Office of
 8    the Architect of the Capitol.

 9        (25 ILCS 130/8A-10 new)
10        Sec. 8A-10.  Capitol Historic Preservation Board.
11        (a)  The  Capitol  Historic  Preservation   Board   shall
12    consist of 10 persons.  One member shall be appointed by each
13    of  the  following:  the President and Minority Leader of the
14    Senate, the Speaker and  Minority  Leader  of  the  House  of
15    Representatives,  the  Governor,  the Secretary of State, the
16    Attorney General, the Chief Justice of the  Illinois  Supreme
17    Court,  and  the Mayor of the City of Springfield.  Knowledge
18    and experience in the  areas  of  architecture  and  historic
19    preservation   may   be  considered,  in  addition  to  other
20    appropriate qualifications,  in  appointing  members  of  the
21    Board.  In  addition,  the  Executive Director of the Capital
22    Development Board, ex officio, shall serve as a member.
23        (b)  Appointed members of the Board  shall  serve  4-year
24    terms,  except  that  the  members initially appointed by the
25    President and Minority Leader of the Senate, the Speaker  and
26    Minority  Leader  of  the  House  of Representatives, and the
27    Governor shall  serve  2-year  terms.   Members  shall  serve
28    without  compensation  but  shall  be reimbursed for expenses
29    incurred in the performance of their duties.
30        (c)  The Capitol Historic Preservation Board shall  serve
31    as an advisory body to the Architect of the Capitol and shall
32    perform  such  advisory  functions  as  provided  by  law  or
33    requested by the Architect of the Capitol or the Board of the
 
SB1656 Enrolled            -21-      LRB093 03244 RCE 03261 b
 1    Office of the Architect of the Capitol.

 2        (25 ILCS 130/8A-15 new)
 3        Sec. 8A-15.  Master plan.
 4        (a)  The   term   "legislative  complex"  means  (i)  the
 5    buildings and facilities located  in  Springfield,  Illinois,
 6    and  occupied  in whole or in part by the General Assembly or
 7    any of  its  support  service  agencies,  (ii)  the  grounds,
 8    walkways,  and  tunnels  surrounding  or  connected  to those
 9    buildings and facilities, and (iii)  the  off-street  parking
10    areas serving those buildings and facilities.
11        (b)  The  Architect  of  the  Capitol  shall  prepare and
12    implement a long-range master plan  of  development  for  the
13    State  Capitol  Building  and  the  remaining portions of the
14    legislative   complex   that   addresses   the   improvement,
15    construction,     historic     preservation,     restoration,
16    maintenance, repair,  and  landscaping  needs  of  the  State
17    Capitol   Building   and   the   remaining  portions  of  the
18    legislative complex.  The  Architect  of  the  Capitol  shall
19    submit  the  master plan to the Capitol Historic Preservation
20    Board for its review and comment.  The Board must confine its
21    review and comment to those portions of the master plan  that
22    relate  to  areas  of  the legislative complex other than the
23    State  Capitol  Building.   The  Architect  may   incorporate
24    suggestions  of  the  Board into the master plan.  The master
25    plan must be submitted to and approved by the  Board  of  the
26    Office   of   the   Architect   of  the  Capitol  before  its
27    implementation.
28        The Architect of the Capitol may change the  master  plan
29    and  shall  submit  changes in the master plan that relate to
30    areas of the legislative complex other than the State Capitol
31    Building to the Capitol Historic Preservation Board  for  its
32    review  and  comment.  All changes in the master plan must be
33    submitted to and approved by the Board of the Office  of  the
 
SB1656 Enrolled            -22-      LRB093 03244 RCE 03261 b
 1    Architect of the Capitol before implementation.
 2        (c)  The  Architect of the Capitol must review the master
 3    plan every 5 years or at the direction of the  Board  of  the
 4    Office of the Architect of the Capitol. Changes in the master
 5    plan  resulting  from  this review must be made in accordance
 6    with the procedure provided in subsection (b).
 7        (d)  Notwithstanding any other law to the  contrary,  the
 8    Architect  of  the Capitol has the sole authority to contract
 9    for  all   materials   and   services   necessary   for   the
10    implementation  of  the  master  plan.  The Architect (i) may
11    comply with the procedures established by the Joint Committee
12    on Legislative Support Services under  Section  1-4  or  (ii)
13    upon  approval of the Board of the Office of the Architect of
14    the Capitol, may, but is  not  required  to,  comply  with  a
15    portion or all of the Illinois Procurement Code when entering
16    into   contracts  under  this  subsection.   The  Architect's
17    compliance with the Illinois Procurement Code  shall  not  be
18    construed to subject the Architect or any other entity of the
19    legislative  branch  to  the  Illinois  Procurement Code with
20    respect to any other contract.
21        The Architect may enter into agreements with other  State
22    agencies  for  the  provision  of materials or performance of
23    services necessary for the implementation of the master plan.
24        State officers and agencies providing normal,  day-to-day
25    repair,  maintenance,  or  landscaping or providing security,
26    commissary, utility,  parking,  banking,  tour  guide,  event
27    scheduling,  or  other operational services for buildings and
28    facilities within the legislative complex  immediately  prior
29    to  the  effective  date  of  this amendatory Act of the 93rd
30    General Assembly  shall  continue  to  provide  that  normal,
31    day-to-day  repair,  maintenance,  or  landscaping  or  those
32    services on the same basis, whether by contract or employees,
33    that  the  repair, maintenance, landscaping, or services were
34    provided immediately prior to  the  effective  date  of  this
 
SB1656 Enrolled            -23-      LRB093 03244 RCE 03261 b
 1    amendatory  Act  of the 93rd General Assembly, subject to the
 2    provisions of the master plan and as  otherwise  directed  by
 3    the Architect of the Capitol.
 4        (e)  The   Architect   of   the   Capitol  shall  monitor
 5    construction, preservation, restoration, maintenance, repair,
 6    and landscaping work in the legislative complex and all other
 7    activities  that  alter  the  historic   integrity   of   the
 8    legislative complex.

 9        (25 ILCS 130/8A-20 new)
10        Sec.  8A-20.   Space  allocation.   The  Architect of the
11    Capitol has the power and duty, subject to direction  by  the
12    Board  of the Office of the Architect of the Capitol, to make
13    space allocations for the use of the General Assembly and its
14    related agencies.

15        (25 ILCS 130/8A-25 new)
16        Sec. 8A-25.  Historic items.  In addition to any property
17    control activities required by  law,  the  Architect  of  the
18    Capitol  shall  maintain  an  inventory  and  registry of all
19    historic items in the legislative complex.  The Architect may
20    purchase or accept donations of historic  items  for  use  or
21    display in the legislative complex.

22        (25 ILCS 130/8A-30 new)
23        Sec.  8A-30.   Acquisition of land; contract review.  The
24    Architect of the Capitol, upon the approval of the  Board  of
25    the  Office of the Architect of the Capitol, may acquire land
26    in  Springfield,  Illinois,  within  the  area   bounded   by
27    Washington, Third, Cook, and Pasfield Streets for the purpose
28    of  providing  space  for  the operation and expansion of the
29    legislative complex or other State facilities.  The Architect
30    of the Capitol must review and either approve  or  disapprove
31    all  contracts  for the repair, rehabilitation, construction,
 
SB1656 Enrolled            -24-      LRB093 03244 RCE 03261 b
 1    or alteration of all State buildings within the bounded area,
 2    except the Supreme Court Building  and  the  Fourth  District
 3    Appellate Court Building.

 4        (25 ILCS 130/8A-35 new)
 5        Sec.    8A-35.     Capitol    Restoration   Trust   Fund;
 6    appropriations.
 7        (a)  The Capitol Restoration Trust Fund is created  as  a
 8    special  fund within the State treasury.  The Fund may accept
 9    deposits from any source, whether private or public, and  may
10    be  appropriated  only  for  the  use of the Architect of the
11    Capitol in the performance of his or her powers  and  duties.
12    The  Architect  of  the  Capitol  may seek private and public
13    funds for deposit into the Capitol Restoration Trust Fund.
14        (b)  The Architect of the Capitol shall submit all budget
15    requests to implement the master plan that relate to areas of
16    the legislative complex other than the State Capitol Building
17    to the Capitol Historic Preservation  Board  for  review  and
18    comment.   The  Architect  of  the  Capitol  shall submit all
19    budget requests to the Board of the Office of  the  Architect
20    of the Capitol for approval.

21        (25 ILCS 130/8A-40 new)
22        Sec. 8A-40.  Annual report.  The Architect of the Capitol
23    annually  shall  report  to  the  Board  of the Office of the
24    Architect of the Capitol, the Capitol  Historic  Preservation
25    Board, and the appointing authorities of the Capitol Historic
26    Preservation  Board.   The  report  shall  summarize  (i) the
27    master plan, (ii) the master plan  projects  completed  since
28    the  previous  annual  report,  (iii) the projects, and their
29    estimated costs,  proposed or approved for the next  5  years
30    under  the  master  plan,  and (iv) the amount and sources of
31    moneys deposited into the Capitol Restoration Trust Fund from
32    sources other  than  the  State  since  the  previous  annual
 
SB1656 Enrolled            -25-      LRB093 03244 RCE 03261 b
 1    report.

 2        (25 ILCS 130/8A-45 new)
 3        Sec.  8A-45.  State agency cooperation.  The Architect of
 4    the Capitol may request and shall receive the cooperation  of
 5    any  State  officer  or  agency  in  the  performance  of the
 6    Architect's powers and duties.

 7        (25 ILCS 130/8A-50 new)
 8        Sec. 8A-50.  Rules.  The Architect  of  the  Capitol  may
 9    promulgate  rules necessary for the performance of his or her
10    powers and duties, subject to approval by the  Board  of  the
11    Office of the Architect of the Capitol.

12        (25 ILCS 130/8A-55 new)
13        Sec.  8A-55.   Successor  agency.   For  purposes  of the
14    Successor Agency Act and Section 9b of the State Finance Act,
15    the Office of the Architect of the Capitol is  the  successor
16    to the Space Needs Commission. The Office of the Architect of
17    the  Capitol  succeeds  to  and  assumes  all powers, duties,
18    rights, responsibilities, personnel, assets, liabilities, and
19    indebtedness of the Space Needs Commission. Any reference  in
20    any  law,  rule,  form,  or other document to the Space Needs
21    Commission is deemed to be a reference to the Office  of  the
22    Architect of the Capitol.

23        (25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
24        Sec. 10-3. The Legislative Research Unit may administer a
25    legislative  staff  internship  program in cooperation with a
26    university  in  the  State  designated  by  the   Legislative
27    Research   Unit.    For   the  purpose  of  advising  in  the
28    administration  of  such  a  program,  there  is  created   a
29    sponsoring   committee   for  legislative  staff  internships
30    consisting of the chairman of the Legislative  Research  Unit
 
SB1656 Enrolled            -26-      LRB093 03244 RCE 03261 b
 1    or a member designated by him, the President of the Senate or
 2    a  Senator  designated  by  him,  the Speaker of the House of
 3    Representatives or a Representative designated  by  him,  the
 4    Minority Leader of the Senate or a Senator designated by him,
 5    and  the Minority Leader of the House of Representatives or a
 6    Representative designated by him, as plenary members, and  as
 7    associate members, one person from the academic staff of each
 8    university  designated  by the Legislative Research Unit as a
 9    cooperating university and agreeing to cooperate, such person
10    to be appointed by the  ranking  academic  official  of  such
11    university.      Until  the  Legislative  Research  Unit,  by
12    resolution,   determines    otherwise,    such    cooperating
13    universities  are Northwestern University, Illinois Institute
14    of Technology, University of Chicago, University of Illinois,
15    Roosevelt University,  Western  Illinois  University,  Loyola
16    University  of  Chicago, Southern Illinois University, DePaul
17    University, Eastern Illinois  University,  Northern  Illinois
18    University,  Sangamon  State  University,  and Illinois State
19    University.  Associate members shall serve at the pleasure of
20    their respective  appointing  authorities.   Members  of  the
21    sponsoring  committee  shall  serve without compensation, but
22    shall be reimbursed for necessary expenses in connection with
23    the performance of their duties.
24    (Source: P.A. 83-1257; revised 11-6-02.)

25        (25 ILCS 130/10-6) (from Ch. 63, par. 1010-6)
26        Sec. 10-6. Each quarter of the calendar  year  month  the
27    Legislative  Research  Unit shall prepare and provide to each
28    member of the  General  Assembly  abstracts  and  indexes  of
29    reports  filed  with  it  as reports to the General Assembly.
30    With such abstracts and indexes the Legislative Research Unit
31    shall include a convenient form by which each member  of  the
32    General  Assembly  may  request,  from  the  State Government
33    Report Distribution Center in the State  Library,  copies  of
 
SB1656 Enrolled            -27-      LRB093 03244 RCE 03261 b
 1    such  reports  as  the  member  may  wish to receive. For the
 2    purpose of receiving reports filed  under  this  Section  the
 3    Legislative  Research  Unit  shall  succeed to the powers and
 4    duties formerly exercised by the Legislative Council.
 5    (Source: P.A. 83-1257.)

 6        (25 ILCS 130/Art. 8 rep.)
 7        (25 ILCS 130/Art. 11A rep.)
 8        Section 45.  The  Legislative  Commission  Reorganization
 9    Act of 1984 is amended by repealing Articles 8 and 11A.

10        Section  50.   The  Legislative  Reference  Bureau Act is
11    amended by changing Section 6 as follows:

12        (25 ILCS 135/6) (from Ch. 63, par. 30)
13        Sec. 6. The Architect of the Capitol Secretary  of  State
14    shall  provide  the  Legislative  said  Reference Bureau with
15    suitable offices in the legislative complex,  as  defined  in
16    the  Legislative  Commission Reorganization Act of 1984 State
17    Capitol, convenient to the place of meeting  of  the  General
18    Assembly,  and  shall  further  provide said reference bureau
19    with the necessary furniture, stationery and supplies.
20    (Source: Laws 1913, p. 391.)

21        Section 55.  The Legislative Information  System  Act  is
22    amended by changing Sections 4, 5.07, and 8 as follows:

23        (25 ILCS 145/4) (from Ch. 63, par. 42.14)
24        Sec.  4.  The Architect of the Capitol Secretary of State
25    shall furnish the System with suitable office  space  in  the
26    legislative complex, as defined in the Legislative Commission
27    Reorganization  Act  of  1984  State  Capitol,  situated in a
28    location convenient to the chambers of  the  Senate  and  the
29    House of Representatives.
 
SB1656 Enrolled            -28-      LRB093 03244 RCE 03261 b
 1        The   Secretary  of  State  shall,  as  State  librarian,
 2    cooperate with the System by making accessible to the  System
 3    the  library  collection and providing, on a loan basis, such
 4    books, periodicals and  other  materials  as  relate  to  the
 5    purposes of this Act.
 6    (Source: P.A. 80-683.)

 7        (25 ILCS 145/5.07) (from Ch. 63, par. 42.15-7)
 8        Sec.  5.07.   To  make  a  biennial report to the General
 9    Assembly, by April 1 of each odd-numbered  year,  summarizing
10    its   accomplishments  in  the  preceding  2  years  and  its
11    recommendations,  including  any  proposed   legislation   it
12    considers  necessary  or desirable to effectuate the purposes
13    of this Act.
14        The requirement for reporting  to  the  General  Assembly
15    shall  be  satisfied  by filing copies of the report with the
16    Speaker, the Minority Leader and the Clerk of  the  House  of
17    Representatives  and  the  President, the Minority Leader and
18    the Secretary of the  Senate  and  the  Legislative  Research
19    Unit,  as  required  by  Section  3.1 of the General Assembly
20    Organization Act "An Act to revise the law in relation to the
21    General Assembly", approved February 25,  1874,  as  amended,
22    and  filing  such additional copies with the State Government
23    Report Distribution Center for the  General  Assembly  as  is
24    required  under  paragraph  (t)  of  Section  7  of the State
25    Library Act.
26    (Source: P.A. 84-1438.)

27        (25 ILCS 145/8) (from Ch. 63, par. 42.18)
28        Sec. 8.  The  System  may  utilize  the  services  of  an
29    advisory   committee   for   conceptualization,   design  and
30    implementation of applications considered or adopted  by  the
31    System.   The  advisory committee shall be comprised of (a) 8
32    legislative staff  assistants,  2  to  be  appointed  by  the
 
SB1656 Enrolled            -29-      LRB093 03244 RCE 03261 b
 1    Speaker  of  the  House of Representatives, 2 by the Minority
 2    Leader thereof, 2 by the President of the Senate and 2 by the
 3    Minority Leader thereof, but at least one of the appointments
 4    by  each  legislative  leader  must  be  from  the  staff  of
 5    legislative appropriation committees;  (b)  one  professional
 6    staff member from the Legislative Reference Bureau, appointed
 7    by   the   Executive  Director  thereof;  and  one  from  the
 8    Legislative  Research  Unit,  appointed  by   the   Executive
 9    Director   thereof;   and   one  from  the  Intergovernmental
10    Cooperation Commission, appointed by the  Executive  Director
11    thereof  and  (c)  the  Executive Director of the Legislative
12    Information System, who shall serve as temporary chairman  of
13    the  advisory  committee until a permanent chairman is chosen
14    from among its members.  Members of  the  advisory  committee
15    shall have no vote on the Joint Committee.
16    (Source: P.A. 84-1438.)

17        Section  60.   The  Legislative  Audit  Commission Act is
18    amended by changing Section 5 as follows:

19        (25 ILCS 150/5) (from Ch. 63, par. 108)
20        Sec. 5. The permanent office  of  the  Legislative  Audit
21    Commission shall be in the legislative complex, as defined in
22    the  Legislative  Commission Reorganization Act of 1984 State
23    Capitol  Complex,  wherein  the  Architect  of  the   Capitol
24    Secretary  of  State  shall  provide  suitable and sufficient
25    offices.
26    (Source: P.A. 78-884.)

27        Section 65.  The Illinois Economic and Fiscal  Commission
28    Act is amended by changing Sections 3, 4, and 6.2 as follows:

29        (25 ILCS 155/3) (from Ch. 63, par. 343)
30        Sec. 3.  The Commission shall:
 
SB1656 Enrolled            -30-      LRB093 03244 RCE 03261 b
 1        (1)  Study  from  time  to time and report to the General
 2    Assembly on economic development and trends in the State.
 3        (2)  Make such special economic and fiscal studies as  it
 4    deems appropriate or desirable or as the General Assembly may
 5    request.
 6        (3)  Based  on  its  studies, recommend such State fiscal
 7    and economic policies as it deems appropriate or desirable to
 8    improve the functioning of State government and  the  economy
 9    of the various regions within the State.
10        (4)  Prepare annually a State economic report.
11        (5)  Provide  information for all appropriate legislative
12    organizations and personnel on economic trends in relation to
13    long range planning and budgeting.
14        (6)  Study and make  such  recommendations  as  it  deems
15    appropriate  to  the  General  Assembly on local and regional
16    economic and fiscal policy and on federal fiscal policy as it
17    may affect Illinois.
18        (7)  Review  capital  expenditures,  appropriations   and
19    authorizations  for  both  the State's general obligation and
20    revenue  bonding  authorities.  At  the  direction   of   the
21    Commission, specific reviews may include economic feasibility
22    reviews  of  existing  or  proposed  revenue bond projects to
23    determine the accuracy of the  original  estimate  of  useful
24    life of the projects, maintenance requirements and ability to
25    meet   debt  service  requirements  through  their  operating
26    expenses.
27        (8)  Receive and review all executive agency and  revenue
28    bonding  authority  annual  and 3 year plans.  The Commission
29    shall prepare  a  consolidated  review  of  these  plans,  an
30    updated  assessment  of current State agency capital plans, a
31    report on the outstanding and unissued  bond  authorizations,
32    an  evaluation  of the State's ability to market further bond
33    issues and shall submit them as the "Legislative Capital Plan
34    Analysis" to the House and Senate  Appropriations  Committees
 
SB1656 Enrolled            -31-      LRB093 03244 RCE 03261 b
 1    at  least  once a year.  The Commission shall annually submit
 2    to the General Assembly on the first  Wednesday  of  April  a
 3    report   on   the   State's  long-term  capital  needs,  with
 4    particular emphasis upon and detail of the 5-year  period  in
 5    the immediate future.
 6        (9)  Study  and make recommendations it deems appropriate
 7    to the General Assembly on State bond financing,  bondability
 8    guidelines,  and  debt  management.   At the direction of the
 9    Commission,  specific  studies  and  reviews  may  take  into
10    consideration  short  and  long-run  implications  of   State
11    bonding and debt management policy.
12        (10)  Comply  with  the  provisions  of  the  "State Debt
13    Impact Note Act" as now or hereafter amended.
14        (11)  Comply with the provisions of  the  Pension  Impact
15    Note Act, as now or hereafter amended.
16        (12)  By  August  1st  of  each year, the Commission must
17    prepare and cause to be published a summary report  of  State
18    appropriations  for  the  State  fiscal  year  beginning  the
19    previous  July  1st.   The  summary report must discuss major
20    categories of appropriations, the issues the General Assembly
21    faced  in   allocating   appropriations,   comparisons   with
22    appropriations  for  previous  State  fiscal years, and other
23    matters helpful in providing the citizens of Illinois with an
24    overall understanding of appropriations for that fiscal year.
25    The summary report must be  written  in  plain  language  and
26    designed  for readability.  Publication must be in newspapers
27    of general circulation in the various areas of the  State  to
28    ensure  distribution statewide.  The summary report must also
29    be published on the General Assembly's web site.
30        The requirement for reporting  to  the  General  Assembly
31    shall  be  satisfied  by filing copies of the report with the
32    Speaker, the Minority Leader and the Clerk of  the  House  of
33    Representatives  and  the  President, the Minority Leader and
34    the Secretary of the  Senate  and  the  Legislative  Research
 
SB1656 Enrolled            -32-      LRB093 03244 RCE 03261 b
 1    Unit,  as  required  by  Section  3.1 of the General Assembly
 2    Organization Act "An Act to revise the law in relation to the
 3    General Assembly", approved February 25,  1874,  as  amended,
 4    and  filing  such additional copies with the State Government
 5    Report Distribution Center for the  General  Assembly  as  is
 6    required  under  paragraph  (t)  of  Section  7  of the State
 7    Library Act.
 8    (Source: P.A. 92-67, eff. 7-12-01.)

 9        (25 ILCS 155/4) (from Ch. 63, par. 344)
10        Sec.  4.  (a)  The  Commission  shall  publish,  at   the
11    convening  of each regular session of the General Assembly, a
12    report  on  the  estimated  income  of  the  State  from  all
13    applicable revenue sources for the next ensuing  fiscal  year
14    and  of  any  other  funds estimated to be available for such
15    fiscal year. On  the  third  Wednesday  in  March  after  the
16    session  convenes,  the  Commission shall issue a revised and
17    updated  set  of  revenue  figures  reflecting   the   latest
18    available   information.   The  House  and  Senate  by  joint
19    resolution shall adopt or modify such  estimates  as  may  be
20    appropriate.   The  joint  resolution  shall  constitute  the
21    General Assembly's estimate, under paragraph (b) of Section 2
22    of Article VIII of the Constitution, of the  funds  estimated
23    to be available during the next fiscal year.
24        (b)  On  the  third  Wednesday  in  March, the Commission
25    shall issue estimated:
26             (1)  pension funding requirements under P.A. 86-273;
27        and
28             (2)  liabilities of the State employee group  health
29        insurance program.
30        These  estimated  costs  shall  be  for  the  fiscal year
31    beginning the following July 1.
32        (c)  The  requirement  for  reporting  to   the   General
33    Assembly  shall  be  satisfied by filing copies of the report
 
SB1656 Enrolled            -33-      LRB093 03244 RCE 03261 b
 1    with the Speaker, the Minority Leader and the  Clerk  of  the
 2    House  of  Representatives  and  the  President, the Minority
 3    Leader and the Secretary of the Senate  and  the  Legislative
 4    Research  unit,  as  required  by  Section 3.1 of the General
 5    Assembly Organization Act  "An  Act  to  revise  the  law  in
 6    relation  to  the  General  Assembly",  approved February 25,
 7    1874, as amended, and filing such additional copies with  the
 8    State  Government  Report Distribution Center for the General
 9    Assembly as is required under paragraph (t) of Section  7  of
10    the State Library Act.
11    (Source: P.A. 87-1142.)

12        (25 ILCS 155/6.2) (from Ch. 63, par. 346.2)
13        Sec. 6.2. Short title. This Act shall be known and may be
14    cited as the Illinois Economic and Fiscal Commission Act.
15    (Source: P.A. 83-1257.)

16        Section  70.   The State Finance Act is amended by adding
17    Sections 5.620 and 9b-5 as follows:

18        (30 ILCS 105/5.620 new)
19        Sec. 5.620.  The Capitol Restoration Trust Fund.

20        (30 ILCS 105/9b-5 new)
21        Sec. 9b-5. Appropriations for capital projects.
22        (a)  Notwithstanding any other law  to  the  contrary,  a
23    construction  agency,  as defined in the Illinois Procurement
24    Code, that has unobligated  funds  appropriated  for  capital
25    projects relating to the legislative complex that it will not
26    expend  during  the  fiscal  year may enter into an agreement
27    with the Architect of the Capitol for the expenditure of  the
28    funds  by  the  Architect  of the Capitol on the improvement,
29    construction,     historic     preservation,     restoration,
30    maintenance,  repair,  and  landscaping  of   buildings   and
 
SB1656 Enrolled            -34-      LRB093 03244 RCE 03261 b
 1    facilities  within  the  legislative  complex,  as defined in
 2    Article 8A of the Legislative Commission  Reorganization  Act
 3    of  1984, during the fiscal year, including any lapse period,
 4    in which the funds  were  appropriated  to  the  construction
 5    agency. The Architect of the Capitol shall file copies of the
 6    agreement with the State Comptroller and the State Treasurer.
 7        (b)  Funds   subject   to   an  agreement  authorized  by
 8    subsection (a) are deemed to have been  appropriated  to  the
 9    Architect  of  the Capitol for the improvement, construction,
10    historic preservation, restoration, maintenance, repair,  and
11    landscaping   of   buildings   and   facilities   within  the
12    legislative  complex,  as  defined  in  Article  8A  of   the
13    Legislative  Commission  Reorganization  Act  of 1984, to the
14    same extent as if the  Architect  of  the  Capitol  and  that
15    purpose were specifically named in the appropriation law.

16        (30 ILCS 500/30-43 rep.)
17        Section  80.  The Illinois Procurement Code is amended by
18    repealing Section 30-43.

19        Section  85.  The  State  Mandates  Act  is  amended   by
20    changing Section 4 as follows:

21        (30 ILCS 805/4) (from Ch. 85, par. 2204)
22        Sec.   4.  Collection   and  maintenance  of  information
23    concerning state mandates.
24        (a)  The Department of Commerce and Economic  Opportunity
25    Community  Affairs,  hereafter referred to as the Department,
26    shall be responsible for:
27             (1)  Collecting and maintaining information on State
28        mandates, including information  required  for  effective
29        implementation of the provisions of this Act.
30             (2)  Reviewing  local  government  applications  for
31        reimbursement  submitted under this Act in cases in which
 
SB1656 Enrolled            -35-      LRB093 03244 RCE 03261 b
 1        the General Assembly has appropriated funds to  reimburse
 2        local   governments   for   costs   associated  with  the
 3        implementation of a State mandate.   In  cases  in  which
 4        there  is  no  appropriation  for  reimbursement,  upon a
 5        request for determination of a mandate by a unit of local
 6        government, or more than one  unit  of  local  government
 7        filing  a single request, other than a school district or
 8        a  community  college  district,  the  Department   shall
 9        determine whether a Public Act constitutes a mandate and,
10        if so, the Statewide cost of implementation.
11             (3)  Hearing  complaints  or  suggestions from local
12        governments  and  other  affected  organizations  as   to
13        existing or proposed State mandates.
14             (4)  Reporting  each  year  to  the Governor and the
15        General  Assembly   regarding   the   administration   of
16        provisions of this Act and changes proposed to this Act.
17        The  Legislative  Research  Unit  Illinois  Commission on
18    Intergovernmental Cooperation shall conduct an annual  public
19    hearings   as   needed  hearing  to  review  the  information
20    collected and the  recommendations  made  by  the  Department
21    under  this  subsection  (a).  The Department shall cooperate
22    fully  with  the  Legislative   Research   Unit   Commission,
23    providing any information, supporting documentation and other
24    assistance   required   by   the  Legislative  Research  Unit
25    Commission to facilitate the conduct of the hearing.
26        (b)  Within 2 years following the effective date of  this
27    Act,  the  Department  shall  collect  and  tabulate relevant
28    information as to the nature and scope of each existing State
29    mandate,  including  but  not  necessarily  limited  to   (i)
30    identity  of  type  of  local government and local government
31    agency or official to whom  the  mandate  is  directed;  (ii)
32    whether   or   not  an  identifiable  local  direct  cost  is
33    necessitated by the mandate and the estimated annual  amount;
34    (iii)  extent  of  State  financial participation, if any, in
 
SB1656 Enrolled            -36-      LRB093 03244 RCE 03261 b
 1    meeting  identifiable  costs;  (iv)  State  agency,  if  any,
 2    charged with supervising the implementation of  the  mandate;
 3    and  (v) a brief description of the mandate and a citation of
 4    its origin in statute or regulation.
 5        (c)  The resulting information from subsection (b)  shall
 6    be published in a catalog available to members of the General
 7    Assembly, State and local officials, and interested citizens.
 8    As  new  mandates  are  enacted  they  shall  be added to the
 9    catalog, and each January 31 the Department shall  list  each
10    new  mandate  enacted at the preceding session of the General
11    Assembly, and the estimated  additional  identifiable  direct
12    costs,  if  any  imposed  upon  local governments.  A revised
13    version of the catalog  shall  be  published  every  2  years
14    beginning with the publication date of the first catalog.
15        (d)  Failure  of  the  General  Assembly  to  appropriate
16    adequate  funds  for  reimbursement  as  required by this Act
17    shall not relieve the Department  of  Commerce  and  Economic
18    Opportunity Community Affairs from its obligations under this
19    Section.
20    (Source: P.A. 89-304, eff. 8-11-95; 90-372, eff. 7-1-98.)

21        Section  90.  The  Illinois  Pension  Code  is amended by
22    changing  Sections  3-109.3,  14-108.3,  15-158.3,  16-133.3,
23    22-803, 22-1001, 22-1002, and 22-1003 as follows:

24        (40 ILCS 5/3-109.3)
25        Sec. 3-109.3.  Self-managed plan.
26        (a)  Purpose.  The General  Assembly  finds  that  it  is
27    important for municipalities to be able to attract and retain
28    the  most  qualified  police  officers  and  that in order to
29    attract and  retain  these  police  officers,  municipalities
30    should have the flexibility to provide a defined contribution
31    plan  as  an alternative for eligible employees who elect not
32    to  participate  in  a  defined  benefit  retirement  program
 
SB1656 Enrolled            -37-      LRB093 03244 RCE 03261 b
 1    provided under this  Article.   Accordingly,  a  self-managed
 2    plan  shall  be  provided,  which  shall  offer participating
 3    employees the opportunity to accumulate assets for retirement
 4    through a combination of employee and employer  contributions
 5    that  may  be invested in mutual funds, collective investment
 6    funds, or other investment  products  and  used  to  purchase
 7    annuity contracts, either fixed or variable, or a combination
 8    thereof.   The  plan  must  be  qualified  under the Internal
 9    Revenue Code of 1986.
10        (b)  Study by Commission; Adoption of plan.  The Illinois
11    Pension Laws Commission (or its successor, the  Economic  and
12    Fiscal Commission) shall study and evaluate the creation of a
13    statewide self-managed plan for eligible employees under this
14    Article.    The  Commission  shall  report  its  findings and
15    recommendations to the General Assembly no later than January
16    1, 2002.
17        In accordance with the recommendations of the  Commission
18    and  any  action taken by the General Assembly in response to
19    those recommendations, a statewide self-managed plan shall be
20    adopted for eligible  employees  under  this  Article.    The
21    self-managed plan shall take effect as specified in the plan,
22    but  in no event earlier than July 1, 2002 or the date of its
23    approval by the  U.S.  Internal  Revenue  Service,  whichever
24    occurs later.
25        The  self-managed  plan shall include a plan document and
26    shall provide for the adoption of such rules  and  procedures
27    as  are  necessary or desirable for the administration of the
28    self-managed plan.  Consistent with  fiduciary  duty  to  the
29    participants  and  beneficiaries of the self-managed plan, it
30    may provide  for  delegation  of  suitable  aspects  of  plan
31    administration to companies authorized to do business in this
32    State.
33        (c)  Selection of service providers and funding vehicles.
34    The  principal  administrator  of the self-managed plan shall
 
SB1656 Enrolled            -38-      LRB093 03244 RCE 03261 b
 1    solicit proposals  to  provide  administrative  services  and
 2    funding vehicles for the self-managed plan from insurance and
 3    annuity  companies  and  mutual  fund companies, banks, trust
 4    companies, or other financial institutions authorized  to  do
 5    business  in this State.  In reviewing the proposals received
 6    and approving and contracting with no fewer  than  2  and  no
 7    more  than  7  companies,  the  principal administrator shall
 8    consider, among other things, the following criteria:
 9             (1)  the nature and  extent  of  the  benefits  that
10        would be provided to the participants;
11             (2)  the  reasonableness of the benefits in relation
12        to the premium charged;
13             (3)  the suitability of the benefits  to  the  needs
14        and  interests  of  the  participating  employees and the
15        employer;
16             (4)  the ability of the company to provide  benefits
17        under  the  contract  and  the financial stability of the
18        company; and
19             (5)  the efficacy of the contract in the recruitment
20        and retention of employees.
21        The principal  administrator  shall  periodically  review
22    each  approved  company.    A company may continue to provide
23    administrative  services  and  funding   vehicles   for   the
24    self-managed  plan  only  so  long  as  it continues to be an
25    approved  company   under   contract   with   the   principal
26    administrator.
27        (d)  Employee Direction.  Employees who are participating
28    in  the  program  must  be  allowed to direct the transfer of
29    their account balances among the various  investment  options
30    offered,  subject  to applicable contractual provisions.  The
31    participant shall not be deemed  a  fiduciary  by  reason  of
32    providing  such  investment  direction.   A  person  who is a
33    fiduciary shall not be liable for  any  loss  resulting  from
34    such  investment  direction  and  shall not be deemed to have
 
SB1656 Enrolled            -39-      LRB093 03244 RCE 03261 b
 1    breached any fiduciary duty by acting in accordance with that
 2    direction.  The self-managed plan does not guarantee  any  of
 3    the investments in the employee's account balances.
 4        (e)  Participation.   An  eligible  employee  must make a
 5    written election in accordance with the provisions of Section
 6    3-109.2 and the procedures established under the self-managed
 7    plan.  Participation in the self-managed plan by an  eligible
 8    employee  who  elects to participate in the self-managed plan
 9    shall begin  on  the  first  day  of  the  first  pay  period
10    following  the  later  of the date the employee's election is
11    filed with the fund or the employer, but in no  event  sooner
12    than the effective date of the self-managed plan.
13        A  police  officer  who has elected to participate in the
14    self-managed  plan   under   this   Section   must   continue
15    participation while employed in an eligible position, and may
16    not  participate in any other retirement program administered
17    by the municipality while employed as  a  police  officer  by
18    that  municipality.    Participation in the self-managed plan
19    under this Section shall constitute membership in an  Article
20    3 pension fund.
21        (f)  No  Duplication  of Service Credit.  Notwithstanding
22    any other provision of this Article, a police officer may not
23    purchase or receive service or service credit  applicable  to
24    any  other  retirement  program  administered by a fund under
25    this Article for any period during which the  police  officer
26    was  a participant in the self-managed plan established under
27    this Section.
28        (g)  Contributions.   The  self-managed  plan  shall   be
29    funded by contributions from participants in the self-managed
30    plan and employer contributions as provided in this Section.
31        The   contribution   rate   for   a  participant  in  the
32    self-managed plan under this Section shall be  a  minimum  of
33    10%  of  his or her salary.  This required contribution shall
34    be made as an "employer pick-up" under Section 414(h) of  the
 
SB1656 Enrolled            -40-      LRB093 03244 RCE 03261 b
 1    Internal  Revenue  Code  of  1986  or  any  successor Section
 2    thereof.  An employee may make  additional  contributions  to
 3    the  self-managed  plan  in  accordance with the terms of the
 4    plan.
 5        The  self-managed  plan  shall   provide   for   employer
 6    contributions  to  be  credited  to  each  self-managed  plan
 7    participant  at a rate of 10% of the participating employee's
 8    salary, less the amount of the employer contribution used  to
 9    provide disability benefits for the employee.  The amounts so
10    credited  shall  be  paid into the participant's self-managed
11    plan accounts in the manner prescribed by the plan.
12        An amount of employer contribution, not exceeding 1.5% of
13    the participating employee's salary, shall be  used  for  the
14    purpose of providing disability benefits to the participating
15    employee.  Prior to the beginning of each plan year under the
16    self-managed   plan,   the   principal   administrator  shall
17    determine, as a percentage of salary, the amount of  employer
18    contributions  to  be  allocated  during  that  plan year for
19    providing  disability   benefits   for   employees   in   the
20    self-managed plan.
21        (h)  Vesting;   Withdrawal;   Return   to   Service.    A
22    participant  in the self-managed plan becomes fully vested in
23    the employer contributions credited to his or her account  in
24    the  self-managed  plan  on  the  earliest  to  occur  of the
25    following:
26             (1)  completion of  6  years  of  service  with  the
27        municipality; or
28             (2)  the  death  of the participating employee while
29        employed by the  municipality,  if  the  participant  has
30        completed at least 1.5 years of service.
31        A  participant  in  the  self-managed plan who receives a
32    distribution  of  his  or  her  vested   amounts   from   the
33    self-managed  plan  upon  or  after termination of employment
34    shall forfeit all service credit and accrued  rights  in  the
 
SB1656 Enrolled            -41-      LRB093 03244 RCE 03261 b
 1    fund of his or her employer; if subsequently re-employed, the
 2    participant  shall be considered a new employee.  If a former
 3    participant  again  becomes  a  participating  employee   and
 4    continues  as  such  for  at  least 2 years, all such rights,
 5    service credit, and previous status as a participant shall be
 6    restored upon repayment of the  amount  of  the  distribution
 7    without interest.
 8        (i)  Benefit amounts.  If a participating employee who is
 9    fully vested in employer contributions terminates employment,
10    the  participating  employee  shall  be entitled to a benefit
11    which is based on the account  values  attributable  to  both
12    employer and employee contributions and any investment return
13    thereon.
14        If  a  participating  employee who is not fully vested in
15    employer contributions terminates  employment,  the  employee
16    shall  be  entitled  to a benefit based on the account values
17    attributable  to  the  employee's   contributions   and   any
18    investment  return  thereon, plus the following percentage of
19    employer contributions and any investment return thereon: 20%
20    after the second year; 40% after the third  year;  60%  after
21    the fourth year; 80% after the fifth year; and 100% after the
22    sixth  year.  The  remainder  of  employer  contributions and
23    investment return thereon shall be forfeited.   Any  employer
24    contributions  that  are forfeited shall be held in escrow by
25    the company investing those contributions and shall  be  used
26    as  directed  by  the  municipality for future allocations of
27    employer contributions or  for  the  restoration  of  amounts
28    previously  forfeited by former participants who again become
29    participating employees.
30    (Source: P.A. 91-939, eff. 2-1-01.)

31        (40 ILCS 5/14-108.3)
32        Sec. 14-108.3.  Early retirement incentives.
33        (a)  To be eligible for the  benefits  provided  in  this
 
SB1656 Enrolled            -42-      LRB093 03244 RCE 03261 b
 1    Section, a person must:
 2             (1)  be  a  member  of  this  System who, on any day
 3        during June, 2002, is (i) in active payroll status  in  a
 4        position  of  employment  with a department and an active
 5        contributor  to  this  System  with   respect   to   that
 6        employment,  and  terminates  that  employment before the
 7        retirement annuity under this Article begins, or (ii)  on
 8        layoff  status  from  such  a  position  with  a right of
 9        re-employment or recall to service,  or  (iii)  receiving
10        benefits  under  Section  14-123, 14-123.1 or 14-124, but
11        only if the member has not been receiving those  benefits
12        for  a  continuous  period of more than 2 years as of the
13        date of application;
14             (2)  not have received any retirement annuity  under
15        this Article beginning earlier than August 1, 2002;
16             (3)  file  with  the Board on or before December 31,
17        2002  a  written  application  requesting  the   benefits
18        provided in this Section;
19             (4)  terminate  employment  under  this  Article  no
20        later  than  December  31,  2002 (or the date established
21        under subsection (d), if applicable);
22             (5)  by the date of termination of service, have  at
23        least  8  years of creditable service under this Article,
24        without the use of  any  creditable  service  established
25        under this Section;
26             (6)  by  the date of termination of service, have at
27        least 5 years  of  membership  service  earned  while  an
28        employee  under  this Article, which may include military
29        service for which credit  is  established  under  Section
30        14-105(b), service during the qualifying period for which
31        credit   is  established  under  Section  14-104(a),  and
32        service for which credit has been established by repaying
33        a refund under Section  14-130,  but  shall  not  include
34        service  for  which any other optional service credit has
 
SB1656 Enrolled            -43-      LRB093 03244 RCE 03261 b
 1        been established; and
 2             (7)  not receive any early retirement benefit  under
 3        Section 16-133.3 of this Code.
 4        (b)    An  eligible person may establish up to 5 years of
 5    creditable service under this Article, in increments  of  one
 6    month,  by  making  the contributions specified in subsection
 7    (c).  In addition,  for  each  month  of  creditable  service
 8    established  under this Section, a person's age at retirement
 9    shall be deemed to be one month older than it actually is.
10        The creditable service established under this Section may
11    be  used  for  all  purposes  under  this  Article  and   the
12    Retirement Systems Reciprocal Act, except for the computation
13    of  final average compensation under Section 14-103.12 or the
14    determination of compensation under this or any other Article
15    of this Code.
16        The age enhancement established under  this  Section  may
17    not  be  used  to  enable  any  person  to  begin receiving a
18    retirement annuity calculated  under  Section  14-110  before
19    actually  attaining age 50 (without any age enhancement under
20    this Section).  The age enhancement  established  under  this
21    Section may be used for all other purposes under this Article
22    (including  calculation of a proportionate annuity payable by
23    this System under the  Retirement  Systems  Reciprocal  Act),
24    except  for  purposes  of  the level income option in Section
25    14-112, the reversionary annuity under  Section  14-113,  and
26    the required distributions under Section 14-121.1.
27        The age enhancement established under this Section may be
28    used in determining benefits payable under Article 16 of this
29    Code  under  the  Retirement  Systems  Reciprocal Act, if the
30    person has at least 5 years of service credit in the  Article
31    16  system that was earned while participating in that system
32    as a teacher (as defined in Section  16-106)  employed  by  a
33    department   (as   defined   in   Section  14-103.04).    Age
34    enhancement  established  under  this   Section   shall   not
 
SB1656 Enrolled            -44-      LRB093 03244 RCE 03261 b
 1    otherwise be used in determining benefits payable under other
 2    Articles of this Code under the Retirement Systems Reciprocal
 3    Act.
 4        (c)  For  all  creditable  service established under this
 5    Section,  a  person  must  pay  to  the  System  an  employee
 6    contribution to be determined by the  System,  based  on  the
 7    member's  rate  of  compensation on June 1, 2002 (or the last
 8    date before June 1, 2002 for which a rate can be  determined)
 9    and  the  retirement  contribution  rate in effect on June 1,
10    2002 for the member (or for  members  with  the  same  social
11    security and alternative formula status as the member).
12        If the member receives a lump sum payment for accumulated
13    vacation,  sick leave and personal leave upon withdrawal from
14    service, and the net amount of that lump sum  payment  is  at
15    least  as  great  as  the amount of the contribution required
16    under this Section, the entire contribution must be  paid  by
17    the  employee by payroll deduction.  If there is no such lump
18    sum payment, or if it is less than the contribution  required
19    under  this Section, the member shall make an initial payment
20    by payroll deduction, equal to the net amount of the lump sum
21    payment for accumulated vacation, sick  leave,  and  personal
22    leave,  and  have  the  remaining  amount  due  treated  as a
23    reduction from the retirement annuity  in  24  equal  monthly
24    installments  beginning  in the month in which the retirement
25    annuity takes effect.  The required contribution may be  paid
26    as  a  pre-tax  deduction  from  earnings.   For  federal and
27    Illinois tax  purposes,  the  monthly  amount  by  which  the
28    annuitant's  benefit  is  reduced  shall  not be treated as a
29    contribution by the annuitant, but rather as a  reduction  of
30    the annuitant's monthly benefit.
31        (c-5)    The  reduction in retirement annuity provided in
32    subsection (c) of  Section  14-108  does  not  apply  to  the
33    annuity of a person who retires under this Section.  A person
34    who  has  received  any age enhancement or creditable service
 
SB1656 Enrolled            -45-      LRB093 03244 RCE 03261 b
 1    under  this  Section  may  begin  to  receive  an   unreduced
 2    retirement annuity upon attainment of age 55 with at least 25
 3    years  of  creditable  service (including any age enhancement
 4    and creditable service established under this Section).
 5        (d)  In order to ensure that the efficient  operation  of
 6    State  government  is  not  jeopardized  by  the simultaneous
 7    retirement of large numbers of key personnel, the director or
 8    other head of a department may, for  key  employees  of  that
 9    department,   extend  the  December  31,  2002  deadline  for
10    terminating employment  under  this  Article  established  in
11    subdivision  (a)(4)  of this Section to a date not later than
12    April 30, 2003 by so  notifying  the  System  in  writing  by
13    December 31, 2002.
14        (e)  Notwithstanding  Section  14-111,  a  person who has
15    received any age enhancement or creditable service under this
16    Section and who reenters service under this Article (or as an
17    employee of a department under Article 16) other  than  as  a
18    temporary  employee thereby forfeits that age enhancement and
19    creditable service  and  is  entitled  to  a  refund  of  the
20    contributions made pursuant to this Section.
21        (f)  The   System  shall  determine  the  amount  of  the
22    increase in unfunded accrued  liability  resulting  from  the
23    granting  of  early  retirement incentives under this Section
24    and shall report that amount to the Governor and the  Pension
25    Laws  Commission  (or  its successor, the Economic and Fiscal
26    Commission) on or before November 15, 2003.  The increase  in
27    liability  reported  under  this  subsection (f) shall not be
28    included  in  the   calculation   of   the   required   State
29    contribution under Section 14-131.
30        (g)  The  System shall determine the amount of the annual
31    State  contribution  necessary  to  amortize   on   a   level
32    dollar-payment  basis,  over  a  period  of  10 years at 8.5%
33    interest,  compounded  annually,  an  amount  equal  to   the
34    increase  in  unfunded  accrued  liability  determined  under
 
SB1656 Enrolled            -46-      LRB093 03244 RCE 03261 b
 1    subsection  (f)  minus $70,000,000.  The System shall certify
 2    the amount of this annual State contribution to the Governor,
 3    the State Comptroller, the Governor's  Office  of  Management
 4    and  Budget  (formerly Bureau of the Budget), and the Pension
 5    Laws Commission (or its successor, the  Economic  and  Fiscal
 6    Commission) on or before November 15, 2003.
 7        In addition to the contributions otherwise required under
 8    this  Article,  the  State  shall  appropriate and pay to the
 9    System (1) an amount equal to  $70,000,000  in  State  fiscal
10    year  2004 and (2) in each of State fiscal years 2005 through
11    2013, an  amount  equal  to  the  annual  State  contribution
12    certified by the System under this subsection (g).
13        (h)  The  Pension  Laws Commission (or its successor, the
14    Economic and Fiscal Commission) shall determine and report to
15    the General Assembly,  on  or  before  January  1,  2004  and
16    annually  thereafter  through  the year 2013, its estimate of
17    (1) the  annual  amount  of  payroll  savings  likely  to  be
18    realized  by the State as a result of the early retirement of
19    persons receiving  early  retirement  incentives  under  this
20    Section  and  (2) the net annual savings or cost to the State
21    from the program of early retirement incentives created under
22    this Section.
23        The  System,  the  Department   of   Central   Management
24    Services,  the  Governor's  Office  of  Management and Budget
25    (formerly Bureau of the Budget), and  all  other  departments
26    shall  provide  to  the  Commission  any  assistance that the
27    Commission may request with respect to its reports under this
28    Section.  The Commission may require departments  to  provide
29    it  with  any  information  that it deems necessary or useful
30    with respect to its reports  under  this  Section,  including
31    without  limitation  information about (1) the final earnings
32    of  former  department  employees  who  elected  to   receive
33    benefits  under  this  Section,  (2)  the earnings of current
34    department employees holding the positions vacated by persons
 
SB1656 Enrolled            -47-      LRB093 03244 RCE 03261 b
 1    who elected to receive benefits under this Section,  and  (3)
 2    positions  vacated by persons who elected to receive benefits
 3    under this Section that have not yet been refilled.
 4        (i)  The changes made to this Section by this  amendatory
 5    Act  of the 92nd General Assembly do not apply to persons who
 6    retired under this Section on or before May 1, 1992.
 7    (Source: P.A. 92-566, eff. 6-25-02; revised 8-23-03.)

 8        (40 ILCS 5/15-158.3)
 9        Sec. 15-158.3.  Reports  on  cost  reduction;  effect  on
10    retirement at any age with 30 years of service.
11        (a)  On  or  before  November  15,  2001 and on or before
12    November 15th of each year thereafter, the Board  shall  have
13    the  System's  actuary  prepare a report showing, on a fiscal
14    year by fiscal year basis, the actual rate  of  participation
15    in  the self-managed plan authorized by Section 15-158.2, (i)
16    by employees  of  the  System's  covered  higher  educational
17    institutions  who  were  hired on or after the implementation
18    date of the  self-managed  plan  and  (ii)  by  other  System
19    participants.
20        The  actuary's  report  must  also quantify the extent to
21    which employee optional  retirement  plan  participation  has
22    reduced  the  State's  required  contributions to the System,
23    expressed both in dollars and  as  a  percentage  of  covered
24    payroll, in relation to what the State's contributions to the
25    System  would  have been (1) if the self-managed plan had not
26    been implemented, and (2) if 45% of employees of the System's
27    covered higher educational institutions who were hired on  or
28    after  the  implementation  date of the self-managed plan had
29    elected to participate in the self-managed plan  and  10%  of
30    other System participants had transferred to the self-managed
31    plan following its implementation.
32        (b)  On  or before November 15th of 2001 and on or before
33    November 15th of each year thereafter, the Illinois Board  of
 
SB1656 Enrolled            -48-      LRB093 03244 RCE 03261 b
 1    Higher     Education,     in     conjunction     with     the
 2    Bureau of the Budget (now Governor's Office of Management and
 3    Budget)  shall  prepare a report showing, on a fiscal year by
 4    fiscal year basis, the amount by which the  costs  associated
 5    with  compensable sick leave have been reduced as a result of
 6    the termination of compensable  sick  leave  accrual  on  and
 7    after  January  1,  1998  by  employees  of  higher education
 8    institutions who are participants in the System.
 9        (c)  On or before November 15 of 2001 and  on  or  before
10    November  15th  of  each  year  thereafter, the Department of
11    Central Management Services shall prepare a  report  showing,
12    on  a  fiscal  year by fiscal year basis, the amount by which
13    the State's cost for  health  insurance  coverage  under  the
14    State  Employees  Group Insurance Act of 1971 for retirees of
15    the State's universities and their survivors has declined  as
16    a result of requiring some of those retirees and survivors to
17    contribute  to  the  cost  of  their  basic health insurance.
18    These year-by-year reductions in cost must be quantified both
19    in dollars and as a level percentage of  payroll  covered  by
20    the System.
21        (d)  The reports required under subsections (a), (b), and
22    (c)  shall  be  disseminated  to  the Board, the Pension Laws
23    Commission (until it ceases to exist), the Illinois  Economic
24    and   Fiscal   Commission,   the  Illinois  Board  of  Higher
25    Education, and the Governor.
26        (e)  The reports required under subsections (a), (b), and
27    (c)  shall  be  taken  into  account  by  the  Pension   Laws
28    Commission   (or  its  successor,  the  Economic  and  Fiscal
29    Commission)  in  making  any  recommendation  to  extend   by
30    legislation  beyond  December  31,  2002  the  provision that
31    allows a System participant to retire at any age with  30  or
32    more  years  of  service as authorized in Section 15-135.  If
33    that provision is extended beyond December 31, 2002,  and  if
34    the  most  recent  report under subsection (a) indicates that
 
SB1656 Enrolled            -49-      LRB093 03244 RCE 03261 b
 1    actual State contributions  to  the  System  for  the  period
 2    during which the self-managed plan has been in operation have
 3    exceeded   the   projected   State  contributions  under  the
 4    assumptions  in  clause  (2)  of  subsection  (a),  then  any
 5    extension of the provision  beyond  December  31,  2002  must
 6    require that the System's higher educational institutions and
 7    agencies  cover  any  funding  deficiency  through  an annual
 8    payment to the System out of appropriate resources  of  their
 9    own.
10    (Source:  P.A.  90-9,  eff.  7-1-97;  90-766,  eff.  8-14-98;
11    revised 8-23-03.)

12        (40 ILCS 5/16-133.3) (from Ch. 108 1/2, par. 16-133.3)
13        Sec.  16-133.3.   Early  retirement  incentives for State
14    employees.
15        (a)  To be eligible for the  benefits  provided  in  this
16    Section, a person must:
17             (1)  be  a  member  of  this  System who, on any day
18        during June, 2002, is (i) in active payroll status  as  a
19        full-time  teacher employed by a department and an active
20        contributor  to  this  System  with   respect   to   that
21        employment, or (ii) on layoff status from such a position
22        with  a  right  of re-employment or recall to service, or
23        (iii) receiving a disability benefit under Section 16-149
24        or  16-149.1,  but  only  if  the  member  has  not  been
25        receiving that benefit for a continuous  period  of  more
26        than 2 years as of the date of application;
27             (2)  not  have received any retirement annuity under
28        this Article beginning earlier than August 1, 2002;
29             (3)  file with the Board on or before  December  31,
30        2002   a  written  application  requesting  the  benefits
31        provided in this Section;
32             (4)  terminate  employment  under  this  Article  no
33        later than December 31, 2002  (or  the  date  established
 
SB1656 Enrolled            -50-      LRB093 03244 RCE 03261 b
 1        under subsection (d), if applicable);
 2             (5)  by  the date of termination of service, have at
 3        least 8 years of creditable service under  this  Article,
 4        without  the  use  of  any creditable service established
 5        under this Section;
 6             (6)  by the date of termination of service, have  at
 7        least   5   years   of   service   credit   earned  while
 8        participating in the System as a teacher  employed  by  a
 9        department; and
10             (7)  not  receive any early retirement benefit under
11        Section 14-108.3 of this Code.
12        For the purposes of this Section,  "department"  means  a
13    department  as  defined  in  Section 14-103.04 that employs a
14    teacher as defined in this Article.
15        (b)  An eligible person may establish up to  5  years  of
16    creditable   service   under   this  Article  by  making  the
17    contributions specified in subsection (c).  In addition,  for
18    each  period  of  creditable  service  established under this
19    Section, a person's age at retirement shall be deemed  to  be
20    enhanced by an equivalent period.
21        The creditable service established under this Section may
22    be   used  for  all  purposes  under  this  Article  and  the
23    Retirement Systems Reciprocal Act, except for the computation
24    of final average  salary,  the  determination  of  salary  or
25    compensation  under this Article or any other Article of this
26    Code,  or  the  determination  of  eligibility  for  or   the
27    computation of benefits under Section 16-133.2.
28        The age enhancement established under this Section may be
29    used   for   all   purposes  under  this  Article  (including
30    calculation of a proportionate annuity payable by this System
31    under the Retirement  Systems  Reciprocal  Act),  except  for
32    purposes  of a retirement annuity under Section 16-133(a)(A),
33    a reversionary annuity under  Section  16-136,  the  required
34    distributions  under  Section 16-142.3, and the determination
 
SB1656 Enrolled            -51-      LRB093 03244 RCE 03261 b
 1    of eligibility for  or  the  computation  of  benefits  under
 2    Section  16-133.2.   Age  enhancement  established under this
 3    Section may be used in  determining  benefits  payable  under
 4    Article   14  of  this  Code  under  the  Retirement  Systems
 5    Reciprocal Act (subject to the limitations on the use of  age
 6    enhancement  provided  in  Section 14-108.3); age enhancement
 7    established  under  this  Section  shall  not  be   used   in
 8    determining  benefits  payable  under  other Articles of this
 9    Code under the Retirement Systems Reciprocal Act.
10        (c)  For all creditable service  established  under  this
11    Section,  a  person  must  pay  to  the  System  an  employee
12    contribution to be determined by the System, equal to 9.0% of
13    the member's highest annual salary rate that would be used in
14    the  determination  of  the  average  salary  for  retirement
15    annuity  purposes  if  the  member  retired immediately after
16    withdrawal, for each year of creditable  service  established
17    under this Section.
18        If the member receives a lump sum payment for accumulated
19    vacation, sick leave, and personal leave upon withdrawal from
20    service,  and  the  net amount of that lump sum payment is at
21    least as great as the amount  of  the  contribution  required
22    under  this  Section, the entire contribution must be paid by
23    the employee by payroll deduction.  If there is no such  lump
24    sum  payment, or if it is less than the contribution required
25    under this Section, the member shall make an initial  payment
26    by payroll deduction, equal to the net amount of the lump sum
27    payment  for  accumulated  vacation, sick leave, and personal
28    leave, and  have  the  remaining  amount  due  treated  as  a
29    reduction  from  the  retirement  annuity in 24 equal monthly
30    installments beginning in the month in which  the  retirement
31    annuity  takes effect.  The required contribution may be paid
32    as a pre-tax deduction from earnings.
33        (d)  In order to ensure that the efficient  operation  of
34    State  government  is  not  jeopardized  by  the simultaneous
 
SB1656 Enrolled            -52-      LRB093 03244 RCE 03261 b
 1    retirement of large numbers of key personnel, the director or
 2    other head of a department may, for  key  employees  of  that
 3    department,   extend  the  December  31,  2002  deadline  for
 4    terminating employment  under  this  Article  established  in
 5    subdivision  (a)(4)  of this Section to a date not later than
 6    April 30, 2003 by so  notifying  the  System  in  writing  by
 7    December 31, 2002.
 8        (e)  A  person  who  has  received any age enhancement or
 9    creditable  service  under  this  Section  and  who  reenters
10    contributing service under this Article or Article  14  shall
11    thereby  forfeit that age enhancement and creditable service,
12    and become entitled to a refund  of  the  contributions  made
13    pursuant to this Section.
14        (f)  The   System  shall  determine  the  amount  of  the
15    increase in unfunded accrued  liability  resulting  from  the
16    granting  of  early  retirement incentives under this Section
17    and shall report that amount to the Governor and the  Pension
18    Laws  Commission  (or  its successor, the Economic and Fiscal
19    Commission) on or before November 15, 2003.  The increase  in
20    liability  reported  under  this  subsection (f) shall not be
21    included  in  the   calculation   of   the   required   State
22    contribution under Section 16-158.
23        (g)  The  System shall determine the amount of the annual
24    State  contribution  necessary  to  amortize   on   a   level
25    dollar-payment  basis,  over  a  period  of  10 years at 8.5%
26    interest,  compounded  annually,  an  amount  equal  to   the
27    increase  in  unfunded  accrued  liability  determined  under
28    subsection  (f)  minus  $1,000,000.  The System shall certify
29    the amount of this annual State contribution to the Governor,
30    the State Comptroller, the Governor's  Office  of  Management
31    and  Budget  (formerly Bureau of the Budget), and the Pension
32    Laws Commission (or its successor, the  Economic  and  Fiscal
33    Commission) on or before November 15, 2003.
34        In addition to the contributions otherwise required under
 
SB1656 Enrolled            -53-      LRB093 03244 RCE 03261 b
 1    this  Article,  the  State  shall  appropriate and pay to the
 2    System (1) an amount equal to $1,000,000 in State fiscal year
 3    2004 and (2) in each of State fiscal years 2005 through 2013,
 4    an amount equal to the annual State contribution certified by
 5    the System under this subsection (g).
 6        (h)  The Pension Laws Commission (or its  successor,  the
 7    Economic and Fiscal Commission) shall determine and report to
 8    the  General  Assembly,  on  or  before  January  1, 2004 and
 9    annually thereafter through the year 2013,  its  estimate  of
10    (1)  the  annual  amount  of  payroll  savings  likely  to be
11    realized by the State as a result of the early retirement  of
12    persons  receiving  early  retirement  incentives  under this
13    Section and (2) the net annual savings or cost to  the  State
14    from the program of early retirement incentives created under
15    this Section.
16        The   System,   the   Department  of  Central  Management
17    Services, the Governor's  Office  of  Management  and  Budget
18    (formerly  Bureau  of  the Budget), and all other departments
19    shall provide to  the  Commission  any  assistance  that  the
20    Commission may request with respect to its reports under this
21    Section.   The  Commission may require departments to provide
22    it with any information that it  deems  necessary  or  useful
23    with  respect  to  its  reports under this Section, including
24    without limitation information about (1) the  final  earnings
25    of   former  department  employees  who  elected  to  receive
26    benefits under this Section,  (2)  the  earnings  of  current
27    department employees holding the positions vacated by persons
28    who  elected  to receive benefits under this Section, and (3)
29    positions vacated by persons who elected to receive  benefits
30    under this Section that have not yet been refilled.
31        (i)  The  changes made to this Section by this amendatory
32    Act of the 92nd General Assembly do not apply to persons  who
33    retired under this Section on or before May 1, 1992.
34    (Source: P.A. 92-566, eff. 6-25-02; revised 8-23-03.)
 
SB1656 Enrolled            -54-      LRB093 03244 RCE 03261 b
 1        (40 ILCS 5/22-803)
 2        Sec. 22-803. Economic and Fiscal Pension Laws Commission.
 3    The  Illinois State Board of Investment and all pension funds
 4    and retirement systems subject to this Code  shall  cooperate
 5    with  the  Economic  and  Fiscal  Pension Laws Commission and
 6    shall  upon  request  provide  the   Commission   with   such
 7    information  and other assistance as it may find necessary or
 8    useful for the performance of its duties.
 9    (Source: P.A. 89-113, eff. 7-7-95.)

10        (40 ILCS 5/22-1001) (from Ch. 108 1/2, par. 22-1001)
11        Sec. 22-1001. Submission of information.  By March  1  of
12    each  year,  the retirement systems created under Articles 2,
13    14, 15, 16  and  18  of  this  Code  shall  each  submit  the
14    following information to the Economic and Fiscal Pension Laws
15    Commission:
16        (1)  the  most  recent actuarial valuation computed using
17    the  projected  unit  credit  actuarial   cost   method   for
18    retirement and ancillary benefits.
19        (2)  a  full  disclosure  of  the provisions of the plan;
20    economic, mortality, termination, and demographic assumptions
21    used  for  the  valuation;  methods  used  to  determine  the
22    actuarial values; the impact of significant  changes  in  the
23    actuarial assumptions and methods; the most recent experience
24    review;  and other information affecting the plan's actuarial
25    status.
26        (3)  the State's share of the amount  necessary  to  fund
27    the  normal  cost  plus  interest  on  the  unfunded  accrued
28    liability  for  the  next  fiscal  year  as determined by the
29    projected unit credit computations.
30        (4)  a five-year history  of  the  system's  liabilities,
31    assets (valued at cost), and unfunded liabilities.
32        (5)  the  July  1  market  value  of  system assets and a
33    five-year history of annual and annualized investment returns
 
SB1656 Enrolled            -55-      LRB093 03244 RCE 03261 b
 1    of the system's total  portfolio  and  each  segment  of  the
 2    portfolio; and
 3        (6)  measures  of  financial  status,  including ten-year
 4    trends  of:  unfunded  liabilities,  funded   ratios,   quick
 5    liability  ratios, current reserves, and other solvency tests
 6    requested by the Commission.
 7        For plan years ending prior to  December  31,  1984,  the
 8    historical  data submitted by the retirement systems pursuant
 9    to items (4) and (6) above may be  based  on  a  cost  method
10    other  than  the projected unit credit actuarial cost method.
11    In submitting the data, the retirement systems shall  specify
12    the method used.
13    (Source: P.A. 89-113, eff. 7-7-95.)

14        (40 ILCS 5/22-1002) (from Ch. 108 1/2, par. 22-1002)
15        Sec. 22-1002.  Within 3 days of the Governor's submission
16    of the State Budget, the Director of the Governor's Office of
17    Management  and Budget Bureau of the Budget shall provide the
18    Illinois Economic and Fiscal Commission and the Pension  Laws
19    Commission  with  the  recommendations  for  budgeted  annual
20    appropriations for each system as specified in the Governor's
21    budget recommendations.
22    (Source: P.A. 89-113, eff. 7-7-95; revised 8-23-03.)

23        (40 ILCS 5/22-1003) (from Ch. 108 1/2, par. 22-1003)
24        Sec.  22-1003.   The  Economic  and  Fiscal  Pension Laws
25    Commission shall receive the information specified in Section
26    22-1001 and Section 22-1002 of this  Act.   Commission  staff
27    shall  examine  the  information  and  submit a report of the
28    analysis thereof to the General Assembly.  The  report  shall
29    also  include  either  an  analysis  of  the  effect  of  the
30    different  economic  assumptions  used  by  the 5 systems, or
31    supplemental valuations using the same  economic  assumptions
32    for  all  5  systems.   The Commission shall compare (1) each
 
SB1656 Enrolled            -56-      LRB093 03244 RCE 03261 b
 1    system's  required  actuarial  funding  computed  using   the
 2    projected  unit  credit  actuarial  cost  method, and (2) the
 3    required State contribution levels established by Public  Act
 4    88-593.   The  report  shall  also identify the amount of the
 5    required funding for each system expected to  come  from  (i)
 6    budgeted    annual   appropriations   and   (ii)   continuing
 7    appropriations  under  the  State  Pension  Funds  Continuing
 8    Appropriation Act.
 9        The  Commission  shall   also   compute   multiple   year
10    projections  showing the effect on system liabilities and the
11    State's annual cost (1) if the  systems  were  to  be  funded
12    according  to  actuarial  recommendations that the Commission
13    deems reasonable, (2)  if  each  system  were  to  be  funded
14    according  to  recommendations  made by the system's actuary,
15    and (3) if the systems were to be  funded  according  to  the
16    required  State contribution levels established by Public Act
17    88-593;  including  (i)  comparisons  of  State  costs   with
18    projected  benefit  payments,  payroll, and the general funds
19    budget, and (ii) comparisons of unfunded liabilities,  funded
20    ratios,   solvency   tests,   and  projected  reserves.   The
21    Commission may conduct additional analyses and projections as
22    it deems useful.
23    (Source: P.A. 89-113, eff. 7-7-95.)

24        Section 95.  The Midwestern Higher Education Compact  Act
25    is amended by changing Section 2a as follows:

26        (45 ILCS 155/2a) (from Ch. 144, par. 2803)
27        Sec.   2a.    The   Legislative  Research  Unit  Illinois
28    Commission  on  Intergovernmental  Cooperation  in  order  to
29    ensure the purposes of this Act as determined by  Section  1,
30    shall  in  January of 1993 and each January thereafter report
31    to the Governor and  General  Assembly.   This  report  shall
32    contain  a  program  evaluation and recommendations as to the
 
SB1656 Enrolled            -57-      LRB093 03244 RCE 03261 b
 1    advisability of the continued participation  of  Illinois  in
 2    the Midwestern Higher Education Compact.
 3    (Source: P.A. 87-147.)

 4        Section   100.  The   Quad   Cities   Regional   Economic
 5    Development  Authority  Act,  approved September 22, 1987, is
 6    amended by changing Section 6 as follows:

 7        (70 ILCS 510/6) (from Ch. 85, par. 6206)
 8        Sec. 6.  Records  and  Reports  of  the  Authority.   The
 9    secretary  shall  keep  a  record  of  the proceedings of the
10    Authority.  The treasurer of the Authority shall be custodian
11    of all Authority funds, and shall be bonded in such amount as
12    the other  members  of  the  Authority  may  designate.   The
13    accounts  and  bonds  of  the  Authority  shall be set up and
14    maintained in a manner approved by the Auditor  General,  and
15    the Authority shall file with the Auditor General a certified
16    annual  report  within 120 days after the close of its fiscal
17    year.  The Authority shall also file with the  Governor,  the
18    Secretary   of   the  Senate,  the  Clerk  of  the  House  of
19    Representatives, and the Legislative Research  Unit  Illinois
20    Commission  on  Intergovernmental  Cooperation, by March 1 of
21    each year, a written report covering its activities  and  any
22    activities  of  any  instrumentality  corporation established
23    pursuant to this Act for the previous fiscal  year.   In  its
24    report  to  be  filed  by  March 1, 1988, the Authority shall
25    present an economic development strategy for the Quad  Cities
26    region  for  the  year  beginning  July 1, 1988 and for the 4
27    years next ensuing.  In each annual  report  thereafter,  the
28    Authority   shall   make   modifications   in  such  economic
29    development strategy for the 4 years beginning  on  the  next
30    ensuing  July 1, to reflect changes in economic conditions or
31    other factors, including the policies of  the  Authority  and
32    the  State  of  Illinois.   It also shall present an economic
 
SB1656 Enrolled            -58-      LRB093 03244 RCE 03261 b
 1    development strategy for the fifth year beginning  after  the
 2    next  ensuing  July 1.  The strategy shall recommend specific
 3    legislative and  administrative  action  by  the  State,  the
 4    Authority,  units  of  local government or other governmental
 5    agencies.  Such recommendations  may  include,  but  are  not
 6    limited to, new programs, modifications to existing programs,
 7    credit  enhancements  for  bonds issued by the Authority, and
 8    amendments to this Act.  When filed, such report shall  be  a
 9    public  record  and open for inspection at the offices of the
10    Authority during normal business hours.
11    (Source: P.A. 85-713.)

12        Section   105.  The   Quad   Cities   Regional   Economic
13    Development Authority Act, certified December  30,  1987,  is
14    amended by changing Section 6 as follows:

15        (70 ILCS 515/6) (from Ch. 85, par. 6506)
16        Sec.  6.   Records  and  Reports  of  the Authority.  The
17    secretary shall keep a  record  of  the  proceedings  of  the
18    Authority.  The treasurer of the Authority shall be custodian
19    of all Authority funds, and shall be bonded in such amount as
20    the  other  members  of  the  Authority  may  designate.  The
21    accounts and bonds of the  Authority  shall  be  set  up  and
22    maintained  in  a manner approved by the Auditor General, and
23    the Authority shall file with the Auditor General a certified
24    annual report within 120 days after the close of  its  fiscal
25    year.   The  Authority shall also file with the Governor, the
26    Secretary  of  the  Senate,  the  Clerk  of  the   House   of
27    Representatives,  and  the Legislative Research Unit Illinois
28    Commission on Intergovernmental Cooperation, by  March  1  of
29    each  year,  a written report covering its activities and any
30    activities of  any  instrumentality  corporation  established
31    pursuant  to  this  Act for the previous fiscal year.  In its
32    report to be filed by March  1,  1988,  the  Authority  shall
 
SB1656 Enrolled            -59-      LRB093 03244 RCE 03261 b
 1    present  an economic development strategy for the Quad Cities
 2    region for the year beginning July 1,  1988  and  for  the  4
 3    years  next  ensuing.   In each annual report thereafter, the
 4    Authority  shall  make   modifications   in   such   economic
 5    development  strategy  for  the 4 years beginning on the next
 6    ensuing July 1, to reflect changes in economic conditions  or
 7    other  factors,  including  the policies of the Authority and
 8    the State of Illinois.  It also  shall  present  an  economic
 9    development  strategy  for the fifth year beginning after the
10    next ensuing July 1.  The strategy shall  recommend  specific
11    legislative  and  administrative  action  by  the  State, the
12    Authority, units of local government  or  other  governmental
13    agencies.   Such  recommendations  may  include,  but are not
14    limited to, new programs, modifications to existing programs,
15    credit enhancements for bonds issued by  the  Authority,  and
16    amendments  to  this Act.  When filed, such report shall be a
17    public record and open for inspection at the offices  of  the
18    Authority during normal business hours.
19    (Source: P.A. 85-988.)

20        Section  110.  The Illinois Public Aid Code is amended by
21    changing Sections 3-13, 5-5, 5-5.5, 5-15, 9-6.1,  9-8,  11-5,
22    12-4.30, 12-5, and 12-8 as follows:

23        (305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
24        Sec.    3-13.    Federal   program   -   Declaration   of
25    responsibilities: It is the position of this State  that  the
26    Federal  Government  should  meet  its  obligation to provide
27    financial aid  to  those  aged,  blind  or  disabled  persons
28    eligible  under  Article  III  hereof  so  as to assure those
29    persons a standard  of  living  compatible  with  health  and
30    well-being,  including any supplementary aid program provided
31    to meet special or emergency needs, and it is the position of
32    this State  that  the  Federal  Government  should  meet  its
 
SB1656 Enrolled            -60-      LRB093 03244 RCE 03261 b
 1    obligation to provide continuing supplemental nutritional aid
 2    for  such  persons  through the Federal Food Stamp Program or
 3    through full reimbursement for expenditures made in  lieu  of
 4    such Food Stamp Program.
 5        (a)  The    Illinois   Department   may,   from   federal
 6    reimbursements   received   under    this    Section,    make
 7    disbursements  to any attorney, or advocate working under the
 8    supervision of an attorney, who  represents  a  recipient  of
 9    assistance  under  Article  VI  of  this  Code  in  a program
10    administered by the Illinois Department, in an appeal of  any
11    claim  for  federal  Supplemental  Security  Income  benefits
12    before  an administrative law judge which is decided in favor
13    of such recipient.  The amount of such disbursement shall  be
14    equal  to  25%  of  the maximum federal Supplemental Security
15    Income grant payable to an individual for  a  period  of  one
16    year.   No  such disbursement shall be made unless a petition
17    and a copy of the favorable decision  is  submitted  by  such
18    attorney  or  advocate  to  the Illinois Department within 60
19    days of the date of such decision.  The disbursement shall be
20    made within 30 days after  the  petition  is  received.   The
21    Illinois  Department  shall  promulgate rules and regulations
22    necessary to implement this subsection.
23        (b)  The Illinois  Department  shall  institute  a  State
24    program to fully supplement the federal Supplemental Security
25    Income  grants of all persons in the aged, blind, or disabled
26    categories who meet the eligibility and need requirements  of
27    this  Code,  after  having  given  prior notice to and having
28    consulted with the Citizens Assembly/Council  on  Public  Aid
29    under  the  procedures established by Section 12-4.11 hereof.
30    The amount or amounts of such supplementary payments shall be
31    established by the Director of the Illinois Department  in  a
32    manner  consistent  with the other provisions of this Article
33    III.
34        (c)  The Illinois Department,  the  Comptroller  and  the
 
SB1656 Enrolled            -61-      LRB093 03244 RCE 03261 b
 1    Treasurer,   are   authorized  to  disburse  to  the  Federal
 2    Government amounts appropriated to  the  Illinois  Department
 3    for  use  in furnishing aid to persons eligible under Article
 4    III of this Code, to receive reimbursements from the  Federal
 5    Government   therefor,   and   to   establish  administrative
 6    procedures necessary for the accomplishment of such a payment
 7    system.
 8    (Source: P.A. 89-21, eff. 7-1-95.)

 9        (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
10        Sec. 5-5.  Medical services. The Illinois Department,  by
11    rule,  shall  determine  the  quantity and quality of and the
12    rate of reimbursement for the medical  assistance  for  which
13    payment  will  be  authorized, and the medical services to be
14    provided, which may include all or part of the following: (1)
15    inpatient  hospital   services;   (2)   outpatient   hospital
16    services;  (3)  other  laboratory  and  X-ray  services;  (4)
17    skilled  nursing  home  services;  (5)  physicians'  services
18    whether  furnished  in  the  office,  the  patient's  home, a
19    hospital, a skilled nursing home, or elsewhere;  (6)  medical
20    care,  or  any  other  type  of  remedial  care  furnished by
21    licensed practitioners; (7) home health  care  services;  (8)
22    private  duty  nursing  service;  (9)  clinic  services; (10)
23    dental services; (11) physical therapy and related  services;
24    (12)  prescribed drugs, dentures, and prosthetic devices; and
25    eyeglasses prescribed by a physician skilled in the  diseases
26    of  the  eye,  or by an optometrist, whichever the person may
27    select; (13) other  diagnostic,  screening,  preventive,  and
28    rehabilitative  services;  (14) transportation and such other
29    expenses as may  be  necessary;  (15)  medical  treatment  of
30    sexual  assault  survivors,  as  defined in Section 1a of the
31    Sexual  Assault  Survivors  Emergency  Treatment   Act,   for
32    injuries  sustained  as  a  result  of  the  sexual  assault,
33    including  examinations  and  laboratory  tests  to  discover
 
SB1656 Enrolled            -62-      LRB093 03244 RCE 03261 b
 1    evidence  which  may  be used in criminal proceedings arising
 2    from the sexual assault; (16) the diagnosis and treatment  of
 3    sickle  cell anemia; and (17) any other medical care, and any
 4    other type of remedial care recognized under the laws of this
 5    State, but not including abortions, or  induced  miscarriages
 6    or  premature  births, unless, in the opinion of a physician,
 7    such procedures are necessary for  the  preservation  of  the
 8    life  of  the  woman  seeking  such  treatment,  or except an
 9    induced premature birth intended to  produce  a  live  viable
10    child  and  such procedure is necessary for the health of the
11    mother or her unborn child. The Illinois Department, by rule,
12    shall  prohibit  any   physician   from   providing   medical
13    assistance  to anyone eligible therefor under this Code where
14    such  physician  has  been  found  guilty  of  performing  an
15    abortion procedure in a wilful and wanton manner upon a woman
16    who was not pregnant at the time such abortion procedure  was
17    performed.  The  term "any other type of remedial care" shall
18    include nursing care and nursing home service for persons who
19    rely on treatment by spiritual means alone through prayer for
20    healing.
21        Notwithstanding any other provision of  this  Section,  a
22    comprehensive  tobacco  use  cessation  program that includes
23    purchasing prescription drugs or prescription medical devices
24    approved by the Food and Drug administration shall be covered
25    under the medical assistance program under this  Article  for
26    persons  who are otherwise eligible for assistance under this
27    Article.
28        Notwithstanding any other provision  of  this  Code,  the
29    Illinois  Department  may  not  require,  as  a  condition of
30    payment  for  any  laboratory  test  authorized  under   this
31    Article,  that  a physician's handwritten signature appear on
32    the laboratory test order form.  The Illinois Department may,
33    however,  impose  other  appropriate  requirements  regarding
34    laboratory test order documentation.
 
SB1656 Enrolled            -63-      LRB093 03244 RCE 03261 b
 1        The Illinois Department of Public Aid shall  provide  the
 2    following  services  to persons eligible for assistance under
 3    this Article who are participating in education, training  or
 4    employment  programs  operated  by  the  Department  of Human
 5    Services as successor to the Department of Public Aid:
 6             (1)  dental services, which shall include but not be
 7        limited to prosthodontics; and
 8             (2)  eyeglasses prescribed by a physician skilled in
 9        the diseases of the eye, or by an optometrist,  whichever
10        the person may select.
11        The  Illinois  Department,  by  rule, may distinguish and
12    classify  the  medical  services  to  be  provided  only   in
13    accordance  with the classes of persons designated in Section
14    5-2.
15        The Illinois Department shall authorize the provision of,
16    and  shall  authorize  payment  for,  screening  by  low-dose
17    mammography for the presence  of  occult  breast  cancer  for
18    women  35  years of age or older who are eligible for medical
19    assistance  under  this  Article,  as  follows:   a  baseline
20    mammogram for women 35 to 39  years  of  age  and  an  annual
21    mammogram for women 40 years of age or older.  All screenings
22    shall   include   a  physical  breast  exam,  instruction  on
23    self-examination and information regarding the  frequency  of
24    self-examination  and  its  value as a preventative tool.  As
25    used in this Section, "low-dose mammography" means the  x-ray
26    examination   of   the   breast   using  equipment  dedicated
27    specifically  for  mammography,  including  the  x-ray  tube,
28    filter, compression device, image  receptor,  and  cassettes,
29    with  an average radiation exposure delivery of less than one
30    rad mid-breast, with 2 views for each breast.
31        Any medical or health  care  provider  shall  immediately
32    recommend,  to  any  pregnant  woman  who  is  being provided
33    prenatal services and  is  suspected  of  drug  abuse  or  is
34    addicted  as  defined  in the Alcoholism and Other Drug Abuse
 
SB1656 Enrolled            -64-      LRB093 03244 RCE 03261 b
 1    and Dependency Act,  referral  to  a  local  substance  abuse
 2    treatment  provider  licensed  by  the  Department  of  Human
 3    Services  or  to a licensed hospital which provides substance
 4    abuse treatment services.  The Department of Public Aid shall
 5    assure coverage for the cost of treatment of the  drug  abuse
 6    or  addiction  for pregnant recipients in accordance with the
 7    Illinois Medicaid Program in conjunction with the  Department
 8    of Human Services.
 9        All  medical  providers  providing  medical assistance to
10    pregnant women under this Code shall receive information from
11    the Department on the availability of services under the Drug
12    Free  Families  with  a  Future  or  any  comparable  program
13    providing  case  management  services  for  addicted   women,
14    including  information  on  appropriate  referrals  for other
15    social services that may  be  needed  by  addicted  women  in
16    addition to treatment for addiction.
17        The   Illinois   Department,   in  cooperation  with  the
18    Departments of Human Services (as successor to the Department
19    of Alcoholism and Substance Abuse) and Public Health, through
20    a  public  awareness  campaign,   may   provide   information
21    concerning  treatment  for  alcoholism  and  drug  abuse  and
22    addiction, prenatal health care, and other pertinent programs
23    directed at reducing the number of drug-affected infants born
24    to recipients of medical assistance.
25        Neither  the  Illinois  Department  of Public Aid nor the
26    Department of Human Services  shall  sanction  the  recipient
27    solely on the basis of her substance abuse.
28        The  Illinois Department shall establish such regulations
29    governing  the  dispensing  of  health  services  under  this
30    Article as it shall deem appropriate.  In  formulating  these
31    regulations  the  Illinois  Department shall consult with and
32    give substantial weight to the recommendations offered by the
33    Citizens Assembly/Council  on  Public  Aid.   The  Department
34    should  seek  the  advice  of  formal  professional  advisory
 
SB1656 Enrolled            -65-      LRB093 03244 RCE 03261 b
 1    committees   appointed   by  the  Director  of  the  Illinois
 2    Department for the purpose of  providing  regular  advice  on
 3    policy  and administrative matters, information dissemination
 4    and  educational  activities  for  medical  and  health  care
 5    providers, and consistency  in  procedures  to  the  Illinois
 6    Department.
 7        The  Illinois  Department  may  develop and contract with
 8    Partnerships of medical providers to arrange medical services
 9    for  persons  eligible  under  Section  5-2  of  this   Code.
10    Implementation  of  this  Section  may  be  by  demonstration
11    projects  in certain geographic areas.  The Partnership shall
12    be represented by a sponsor organization.  The Department, by
13    rule,  shall   develop   qualifications   for   sponsors   of
14    Partnerships.   Nothing in this Section shall be construed to
15    require  that  the  sponsor   organization   be   a   medical
16    organization.
17        The  sponsor must negotiate formal written contracts with
18    medical  providers  for  physician  services,  inpatient  and
19    outpatient hospital care, home health services, treatment for
20    alcoholism and substance abuse, and other services determined
21    necessary by the Illinois Department by rule for delivery  by
22    Partnerships.   Physician  services must include prenatal and
23    obstetrical care.  The Illinois  Department  shall  reimburse
24    medical   services  delivered  by  Partnership  providers  to
25    clients in target  areas  according  to  provisions  of  this
26    Article  and  the  Illinois Health Finance Reform Act, except
27    that:
28             (1)  Physicians participating in a  Partnership  and
29        providing  certain services, which shall be determined by
30        the Illinois Department, to persons in areas  covered  by
31        the  Partnership  may receive an additional surcharge for
32        such services.
33             (2)  The  Department  may  elect  to  consider   and
34        negotiate   financial   incentives   to   encourage   the
 
SB1656 Enrolled            -66-      LRB093 03244 RCE 03261 b
 1        development of Partnerships and the efficient delivery of
 2        medical care.
 3             (3)  Persons   receiving  medical  services  through
 4        Partnerships may  receive  medical  and  case  management
 5        services  above  the  level  usually  offered through the
 6        medical assistance program.
 7        Medical providers  shall  be  required  to  meet  certain
 8    qualifications  to  participate in Partnerships to ensure the
 9    delivery   of   high   quality   medical   services.    These
10    qualifications shall be determined by rule  of  the  Illinois
11    Department   and   may  be  higher  than  qualifications  for
12    participation in the medical assistance program.  Partnership
13    sponsors may prescribe reasonable  additional  qualifications
14    for  participation  by medical providers, only with the prior
15    written approval of the Illinois Department.
16        Nothing in this Section shall limit the  free  choice  of
17    practitioners,  hospitals,  and  other  providers  of medical
18    services by clients. In order to ensure  patient  freedom  of
19    choice,  the Illinois Department shall immediately promulgate
20    all rules and  take  all  other  necessary  actions  so  that
21    provided   services  may  be  accessed  from  therapeutically
22    certified optometrists to the full  extent  of  the  Illinois
23    Optometric   Practice  Act  of  1987  without  discriminating
24    between service providers.
25        The Department shall apply for a waiver from  the  United
26    States  Health Care Financing Administration to allow for the
27    implementation of Partnerships under this Section.
28        The  Illinois  Department  shall  require   health   care
29    providers  to maintain records that document the medical care
30    and services provided to  recipients  of  Medical  Assistance
31    under  this  Article.   The Illinois Department shall require
32    health care providers to make available, when  authorized  by
33    the  patient,  in  writing,  the  medical records in a timely
34    fashion to other health care providers who  are  treating  or
 
SB1656 Enrolled            -67-      LRB093 03244 RCE 03261 b
 1    serving  persons  eligible  for Medical Assistance under this
 2    Article.   All  dispensers  of  medical  services  shall   be
 3    required  to  maintain  and  retain business and professional
 4    records sufficient  to  fully  and  accurately  document  the
 5    nature,  scope,  details  and  receipt  of  the  health  care
 6    provided  to  persons  eligible  for medical assistance under
 7    this Code, in accordance with regulations promulgated by  the
 8    Illinois Department.  The rules and regulations shall require
 9    that  proof  of  the receipt of prescription drugs, dentures,
10    prosthetic devices and eyeglasses by eligible  persons  under
11    this Section accompany each claim for reimbursement submitted
12    by the dispenser of such medical services. No such claims for
13    reimbursement  shall  be approved for payment by the Illinois
14    Department without such proof of receipt, unless the Illinois
15    Department shall have put into effect and shall be  operating
16    a  system  of post-payment audit and review which shall, on a
17    sampling basis, be deemed adequate by the Illinois Department
18    to assure that such drugs, dentures, prosthetic  devices  and
19    eyeglasses for which payment is being made are actually being
20    received  by  eligible  recipients.  Within 90 days after the
21    effective date of this amendatory Act of 1984,  the  Illinois
22    Department  shall  establish  a  current  list of acquisition
23    costs  for  all  prosthetic  devices  and  any  other   items
24    recognized  as  medical  equipment  and supplies reimbursable
25    under this Article and shall update such list on a  quarterly
26    basis,  except that the acquisition costs of all prescription
27    drugs shall be updated no less frequently than every 30  days
28    as required by Section 5-5.12.
29        The  rules  and  regulations  of  the Illinois Department
30    shall require that a written statement including the required
31    opinion  of  a  physician  shall  accompany  any  claim   for
32    reimbursement  for  abortions,  or  induced  miscarriages  or
33    premature   births.    This  statement  shall  indicate  what
34    procedures were used in providing such medical services.
 
SB1656 Enrolled            -68-      LRB093 03244 RCE 03261 b
 1        The Illinois Department shall require all  dispensers  of
 2    medical  services,  other  than an individual practitioner or
 3    group  of  practitioners,  desiring  to  participate  in  the
 4    Medical Assistance program established under this Article  to
 5    disclose all financial, beneficial, ownership, equity, surety
 6    or  other  interests  in  any  and  all  firms, corporations,
 7    partnerships,  associations,  business   enterprises,   joint
 8    ventures,  agencies,  institutions  or  other  legal entities
 9    providing any form of health  care  services  in  this  State
10    under this Article.
11        The  Illinois  Department may require that all dispensers
12    of medical services desiring to participate  in  the  medical
13    assistance  program  established under this Article disclose,
14    under such terms and conditions as  the  Illinois  Department
15    may  by  rule  establish,  all  inquiries  from  clients  and
16    attorneys  regarding  medical  bills  paid  by  the  Illinois
17    Department,   which   inquiries   could   indicate  potential
18    existence of claims or liens for the Illinois Department.
19        Enrollment  of  a  vendor  that  provides   non-emergency
20    medical  transportation,  defined  by the Department by rule,
21    shall be conditional for 180  days.  During  that  time,  the
22    Department   of   Public   Aid  may  terminate  the  vendor's
23    eligibility to participate in the medical assistance  program
24    without  cause.   That  termination  of  eligibility  is  not
25    subject to the Department's hearing process.
26        The   Illinois   Department   shall  establish  policies,
27    procedures,  standards  and  criteria   by   rule   for   the
28    acquisition,   repair   and   replacement   of  orthotic  and
29    prosthetic devices and durable medical equipment.  Such rules
30    shall provide, but not be limited to, the following services:
31    (1) immediate  repair  or  replacement  of  such  devices  by
32    recipients  without  medical  authorization;  and (2) rental,
33    lease,  purchase  or  lease-purchase   of   durable   medical
34    equipment   in   a   cost-effective   manner,   taking   into
 
SB1656 Enrolled            -69-      LRB093 03244 RCE 03261 b
 1    consideration  the  recipient's medical prognosis, the extent
 2    of the recipient's needs, and the requirements and costs  for
 3    maintaining  such  equipment.   Such  rules  shall  enable  a
 4    recipient  to  temporarily  acquire  and  use  alternative or
 5    substitute  devices   or   equipment   pending   repairs   or
 6    replacements of any device or equipment previously authorized
 7    for  such recipient by the Department. Rules under clause (2)
 8    above shall not provide for  purchase  or  lease-purchase  of
 9    durable medical equipment or supplies used for the purpose of
10    oxygen delivery and respiratory care.
11        The  Department  shall  execute,  relative to the nursing
12    home prescreening project,  written  inter-agency  agreements
13    with  the  Department of Human Services and the Department on
14    Aging, to effect the following:  (i)  intake  procedures  and
15    common   eligibility  criteria  for  those  persons  who  are
16    receiving   non-institutional   services;   and   (ii)    the
17    establishment  and  development of non-institutional services
18    in areas of the State where they are not currently  available
19    or are undeveloped.
20        The  Illinois  Department  shall  develop and operate, in
21    cooperation with other State Departments and agencies and  in
22    compliance  with  applicable  federal  laws  and regulations,
23    appropriate and effective systems of health  care  evaluation
24    and  programs  for  monitoring  of utilization of health care
25    services and facilities, as it affects persons  eligible  for
26    medical  assistance  under this Code. The Illinois Department
27    shall report regularly the results of the operation  of  such
28    systems  and  programs  to  the  Citizens Assembly/Council on
29    Public Aid to enable the Committee to ensure,  from  time  to
30    time, that these programs are effective and meaningful.
31        The  Illinois  Department  shall  report  annually to the
32    General Assembly, no later than the second Friday in April of
33    1979 and each year thereafter, in regard to:
34             (a)  actual statistics and trends in utilization  of
 
SB1656 Enrolled            -70-      LRB093 03244 RCE 03261 b
 1        medical services by public aid recipients;
 2             (b)  actual  statistics  and trends in the provision
 3        of the various medical services by medical vendors;
 4             (c)  current rate structures and proposed changes in
 5        those rate structures for the  various  medical  vendors;
 6        and
 7             (d)  efforts  at  utilization  review and control by
 8        the Illinois Department.
 9        The period covered by each report shall be  the  3  years
10    ending  on the June 30 prior to the report.  The report shall
11    include  suggested  legislation  for  consideration  by   the
12    General  Assembly.  The filing of one copy of the report with
13    the Speaker, one copy with the Minority Leader and  one  copy
14    with the Clerk of the House of Representatives, one copy with
15    the President, one copy with the Minority Leader and one copy
16    with   the  Secretary  of  the  Senate,  one  copy  with  the
17    Legislative Research Unit, and such  additional  copies  with
18    the  State  Government  Report  Distribution  Center  for the
19    General Assembly  as  is  required  under  paragraph  (t)  of
20    Section  7  of  the  State  Library Act and one copy with the
21    Citizens Assembly/Council on  Public  Aid  or  its  successor
22    shall be deemed sufficient to comply with this Section.
23    (Source:  P.A.  91-344,  eff.  1-1-00;  91-462,  eff. 8-6-99;
24    91-666, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-651,  eff.
25    7-11-02; 92-789, eff. 8-6-02.)

26        (305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5)
27        Sec. 5-5.5.  Elements of Payment Rate.
28        (a)  The   Department  of  Public  Aid  shall  develop  a
29    prospective method for determining payment rates for  skilled
30    nursing  and intermediate care services in nursing facilities
31    composed of the following cost elements:
32             (1)  Standard  Services,  with  the  cost  of   this
33        component  being  determined  by  taking into account the
 
SB1656 Enrolled            -71-      LRB093 03244 RCE 03261 b
 1        actual costs to the facilities of these services  subject
 2        to cost ceilings to be defined in the Department's rules.
 3             (2)  Resident   Services,  with  the  cost  of  this
 4        component being determined by  taking  into  account  the
 5        actual costs, needs and utilization of these services, as
 6        derived  from  an assessment of the resident needs in the
 7        nursing facilities.  The  Department  shall  adopt  rules
 8        governing  reimbursement  for resident services as listed
 9        in Section 5-1.1.  Surveys  or  assessments  of  resident
10        needs  under  this  Section shall include a review by the
11        facility  of  the  results  of  such  assessments  and  a
12        discussion of issues in dispute  with  authorized  survey
13        staff,  unless  the facility elects not to participate in
14        such  a  review  process.   Surveys  or  assessments   of
15        resident  needs  under  this  Section  may  be  conducted
16        semi-annually  and  payment  rates  relating  to resident
17        services may be changed  on  a  semi-annual  basis.   The
18        Illinois Department shall initiate a project, either on a
19        pilot  basis  or  Statewide,  to  reimburse  the  cost of
20        resident services based on a methodology  which  utilizes
21        an assessment of resident needs to determine the level of
22        reimbursement.  This  methodology shall be different from
23        the payment criteria for resident  services  utilized  by
24        the  Illinois  Department  on  July 1, 1981.  On March 1,
25        1982, and each year thereafter, until such time when  the
26        Illinois  Department  adopts the methodology used in such
27        project for use  statewide  or  the  Illinois  Department
28        reports  to  the  Citizens Assembly/Council on Public Aid
29        that the methodology did not meet the Department's  goals
30        and objectives and therefore is ceasing such project, the
31        Illinois  Department shall report to the General Assembly
32        on the implementation and progress of such  project.  The
33        report shall include:
34                  (A)  A  statement  of the Illinois Department's
 
SB1656 Enrolled            -72-      LRB093 03244 RCE 03261 b
 1             goals and objectives for such project;
 2                  (B)  A description of such  project,  including
 3             the  number  and type of nursing facilities involved
 4             in the project;
 5                  (C)  A description of the methodology  used  in
 6             such project;
 7                  (D)  A description of the Illinois Department's
 8             application of the methodology;
 9                  (E)  A statement on the methodology's effect on
10             the quality of care given to residents in the sample
11             nursing facilities; and
12                  (F)  A statement on the cost of the methodology
13             used  in  such project and a comparison of this cost
14             with the cost of the current payment criteria.
15             (3)  Ancillary Services, with the payment rate being
16        developed for each individual type of  service.   Payment
17        shall  be  made  only  when  authorized  under procedures
18        developed by the Department of Public Aid.
19             (4)  Nurse's Aide Training, with the  cost  of  this
20        component  being  determined  by  taking into account the
21        actual cost to the facilities of such training.
22             (5)  Real  Estate  Taxes,  with  the  cost  of  this
23        component being determined by  taking  into  account  the
24        figures  contained  in  the most currently available cost
25        reports (with no imposition of maximums) updated  to  the
26        midpoint  of  the  current  rate  year for long term care
27        services rendered between July 1, 1984 and June 30, 1985,
28        and with the cost of this component being  determined  by
29        taking  into  account the actual 1983 taxes for which the
30        nursing  homes  were  assessed  (with  no  imposition  of
31        maximums) updated to the midpoint  of  the  current  rate
32        year for long term care services rendered between July 1,
33        1985 and June 30, 1986.
34        (b)  In  developing  a prospective method for determining
 
SB1656 Enrolled            -73-      LRB093 03244 RCE 03261 b
 1    payment rates  for  skilled  nursing  and  intermediate  care
 2    services  in nursing facilities, the Department of Public Aid
 3    shall consider the following cost elements:
 4             (1)  Reasonable capital cost determined by utilizing
 5        incurred interest rate  and  the  current  value  of  the
 6        investment, including land, utilizing composite rates, or
 7        by  utilizing  such other reasonable cost related methods
 8        determined by the Department. However, beginning with the
 9        rate reimbursement period effective  July  1,  1987,  the
10        Department   shall   be   prohibited  from  establishing,
11        including, and implementing any  depreciation  factor  in
12        calculating the capital cost element.
13             (2)  Profit,  with  the actual amount being produced
14        and accruing to the providers in the form of a return  on
15        their  total investment, on the basis of their ability to
16        economically and efficiently deliver a type  of  service.
17        The  method  of  payment may assure the opportunity for a
18        profit, but shall not guarantee or establish  a  specific
19        amount as a cost.
20        (c)  The Illinois Department may implement the amendatory
21    changes  to  this Section made by this amendatory Act of 1991
22    through the use of emergency rules  in  accordance  with  the
23    provisions  of  Section  5.02  of the Illinois Administrative
24    Procedure Act. For purposes of  the  Illinois  Administrative
25    Procedure  Act,  the  adoption  of  rules  to  implement  the
26    amendatory  changes  to  this Section made by this amendatory
27    Act of 1991 shall be deemed an emergency  and  necessary  for
28    the public interest, safety and welfare.
29        (d)  No  later  than  January  1, 2001, the Department of
30    Public  Aid  shall  file  with   the   Joint   Committee   on
31    Administrative Rules, pursuant to the Illinois Administrative
32    Procedure Act, a proposed rule, or a proposed amendment to an
33    existing  rule,  regarding  payment for appropriate services,
34    including assessment, care planning, discharge planning,  and
 
SB1656 Enrolled            -74-      LRB093 03244 RCE 03261 b
 1    treatment  provided  by  nursing  facilities to residents who
 2    have a serious mental illness.
 3    (Source: P.A. 91-799, eff. 6-13-00.)

 4        (305 ILCS 5/5-15) (from Ch. 23, par. 5-15)
 5        Sec. 5-15.  (a) The Illinois Department is authorized  to
 6    contract  with  community  based  organizations  serving  low
 7    income communities for a three year period to demonstrate how
 8    and  the  extent  to  which  preventive  health  programs can
 9    decrease utilization of medical care services and/or  improve
10    health status.
11        (b)  As  used  in  this  Section  (1)  a  community based
12    organization   is   an   organization   established   as    a
13    not-for-profit   corporation  under  laws  of  the  State  of
14    Illinois which serves a defined geographic community  and  is
15    governed  by  members of that community; and (2) a preventive
16    health program is any program, service  or  intervention  the
17    purpose  of  which  is  to  identify,  resolve, or ameliorate
18    problems which  contribute  to  the  utilization  of  medical
19    services.
20        (c)  The   Illinois   Department   is   authorized,   for
21    evaluation purposes, to release names of recipients and other
22    pertinent  identification and medical utilization information
23    to the community organizations under contract.
24        (d)  Contractors shall maintain strict confidentiality of
25    information released by the Illinois Department by  following
26    guidelines  established  by  the  Illinois  Department, which
27    shall require that recipients sign a release for any  further
28    use or disclosure of such information.
29        (e)  The Illinois Department shall report to the Citizens
30    Assembly/Council  on  Public  Aid  annually  on the costs and
31    benefits of preventive health care projects.
32    (Source: P.A. 86-651.)
 
SB1656 Enrolled            -75-      LRB093 03244 RCE 03261 b
 1        (305 ILCS 5/9-6.1) (from Ch. 23, par. 9-6.1)
 2        Sec.  9-6.1.  Housing  Education  Program.  The  Illinois
 3    Department, upon consultation with and advice of the Citizens
 4    Assembly/Council  on  Public  Aid,  shall  establish,  either
 5    directly or by  contract,  a  pilot  project  for  a  housing
 6    education  program  that  will  provide persons receiving aid
 7    under Articles III, IV, V, and VI with  instructions  in  the
 8    care  and maintenance of dwelling units, in the essentials of
 9    adequate housekeeping, and the problems of urban  living.  If
10    in  accord  with Federal law and regulations governing grants
11    to this State for public aid  purposes,  the  Department  may
12    require  recipients  to  attend  a housing education program.
13    Non-recipients to whom services have been extended under  the
14    provisions  of Section 9-8 may also attend and participate in
15    a housing education program established hereunder.
16    (Source: P.A. 92-111, eff. 1-1-02.)

17        (305 ILCS 5/9-8) (from Ch. 23, par. 9-8)
18        Sec. 9-8. Extension of  Coverage.)   If  appropriate  and
19    sufficient   facilities   are  not  available  through  other
20    agencies, and  upon  consultation  with  and  advice  of  the
21    Citizens   Assembly/Council   on  Public  Aid,  the  Illinois
22    Department may extend those services provided in this Article
23    which relate to work  adjustment,  education,  training,  and
24    counseling  and  guidance  on  problems of child care, family
25    relationships, home and money management, transportation, and
26    health, to one or both of the following:
27        (1)  persons and families who have been recipients of aid
28    within 1 year preceding their request for the  services,  and
29    who  are  likely  to  become  recipients  of aid again unless
30    needed services are provided;
31        (2)  other persons and families who request the  services
32    and  whose  economic, personal or social situation is such as
33    to make it likely that without counseling, training or  other
 
SB1656 Enrolled            -76-      LRB093 03244 RCE 03261 b
 1    services  financial  aid  could  reasonably be expected to be
 2    required within 6 months.
 3        The services may be continued for such  time  as  may  be
 4    necessary  to  overcome  the  conditions  which may result in
 5    dependency upon financial aid but each case shall be reviewed
 6    at least quarterly  to  assure  that  the  services  are  not
 7    continued beyond a reasonable period of time.
 8        Any  extension of services under the foregoing provisions
 9    shall be limited to a pilot county or counties, or other test
10    area, until  the  cost  and  effectiveness  of  the  services
11    provided  are  determined  to  be in the public interest. The
12    initiation in any county or the extension in any  county,  of
13    the services specified in the first paragraph of this Section
14    shall  require  prior  consultation  with  and  advice of the
15    Citizens Assembly/Council on Public Aid.
16        Upon  consultation  with  and  advice  of  the   Citizens
17    Assembly/Council  on  Public Aid, The Illinois Department may
18    also extend the educational and vocational training  programs
19    provided  under  Section  9-5 or Section 9-7 to persons whose
20    income does not exceed the standard established to  determine
21    eligibility  for  aid  as  a  medically indigent person under
22    Article  V,  subject  to   the   minimum   quarterly   review
23    requirement   established   in   this   Section  for  persons
24    designated in subparagraphs (1) and (2).
25    (Source: P.A. 86-651.)

26        (305 ILCS 5/11-5) (from Ch. 23, par. 11-5)
27        Sec. 11-5.  Investigation  of  applications.  The  County
28    Department  or  local  governmental unit shall promptly, upon
29    receipt of an application, make the necessary  investigation,
30    as  prescribed  by  rule  of  the  Illinois  Department,  for
31    determining the eligibility of the applicant for aid.
32        A  report of every investigation shall be made in writing
33    and become a part of the record in each case.
 
SB1656 Enrolled            -77-      LRB093 03244 RCE 03261 b
 1        The  Illinois  Department,  upon  consultation  with  and
 2    advice of the Citizens Assembly/Council on Public Aid, may by
 3    rule prescribe  the  circumstances  under  which  information
 4    furnished  by  applicants in respect to their eligibility may
 5    be presumed prima facie correct, subject  to  all  civil  and
 6    criminal  penalties  and  recoveries provided in this Code if
 7    the additional investigation establishes that  the  applicant
 8    made false statements or was otherwise ineligible for aid.
 9    (Source: P.A. 86-651.)

10        (305 ILCS 5/12-4.30) (from Ch. 23, par. 12-4.30)
11        Sec.   12-4.30.    Demonstration   programs.    Establish
12    demonstration   programs,   authorized  by  federal  law  and
13    pursuant to State regulations.  Such  demonstration  programs
14    shall  be  subject  to  the  prior  review  of  the  Citizens
15    Assembly/Citizens  Council on Public Aid and may include, but
16    shall not be limited to: cashing out  welfare  benefits  such
17    as,  but  not  limited  to,  food  stamps,  energy assistance
18    payments and medical  benefits;  providing  medical  benefits
19    through  the  purchase of health insurance; and capping grant
20    amounts at certain levels regardless of the number of persons
21    in the case.  Such demonstration programs may be  limited  to
22    particular geographic areas.
23    (Source: P.A. 85-1209.)

24        (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
25        Sec.  12-5.  Appropriations; uses; federal grants; report
26    to General Assembly.   From  the  sums  appropriated  by  the
27    General  Assembly,  the  Illinois  Department shall order for
28    payment by warrant from the State Treasury grants for  public
29    aid  under  Articles  III,  IV,  and  V, including grants for
30    funeral and burial expenses, and all costs of  administration
31    of   the  Illinois  Department  and  the  County  Departments
32    relating  thereto.  Moneys  appropriated  to   the   Illinois
 
SB1656 Enrolled            -78-      LRB093 03244 RCE 03261 b
 1    Department  for public aid under Article VI may be used, with
 2    the consent of the  Governor,  to  co-operate  with  federal,
 3    State, and local agencies in the development of work projects
 4    designed to provide suitable employment for persons receiving
 5    public  aid  under  Article VI. The Illinois Department, with
 6    the consent of the Governor, may be the agent  of  the  State
 7    for   the  receipt  and  disbursement  of  federal  funds  or
 8    commodities for public aid purposes under Article VI and  for
 9    related  purposes  in  which the co-operation of the Illinois
10    Department is sought  by  the  federal  government,  and,  in
11    connection  therewith,  may  make necessary expenditures from
12    moneys appropriated for public aid under any Article of  this
13    Code  and  for administration.  The Illinois Department, with
14    the consent of the Governor, may be the agent  of  the  State
15    for the receipt and disbursement of federal funds pursuant to
16    the  Immigration  Reform and Control Act of 1986 and may make
17    necessary expenditures from monies  appropriated  to  it  for
18    operations,  administration, and grants, including payment to
19    the Health Insurance Reserve Fund for group  insurance  costs
20    at the rate certified by the Department of Central Management
21    Services.   All  amounts  received by the Illinois Department
22    pursuant to the Immigration Reform and Control  Act  of  1986
23    shall  be  deposited  in  the  Immigration Reform and Control
24    Fund.  All amounts received into the Immigration  Reform  and
25    Control  Fund  as  reimbursement  for  expenditures  from the
26    General Revenue Fund shall  be  transferred  to  the  General
27    Revenue Fund.
28        All  grants  received  by  the  Illinois  Department  for
29    programs  funded  by  the Federal Social Services Block Grant
30    shall be deposited in the Social Services Block  Grant  Fund.
31    All  funds received into the Social Services Block Grant Fund
32    as reimbursement for expenditures from  the  General  Revenue
33    Fund  shall  be transferred to the General Revenue Fund.  All
34    funds received into the Social Services Block Grant fund  for
 
SB1656 Enrolled            -79-      LRB093 03244 RCE 03261 b
 1    reimbursement  for  expenditure  out  of the Local Initiative
 2    Fund shall be transferred into  the  Local  Initiative  Fund.
 3    Any  other  federal  funds  received into the Social Services
 4    Block Grant Fund shall be transferred to the Special Purposes
 5    Trust Fund.  All  federal  funds  received  by  the  Illinois
 6    Department  as  reimbursement  for  Employment  and  Training
 7    Programs  for  expenditures  made  by the Illinois Department
 8    from grants,  gifts,  or  legacies  as  provided  in  Section
 9    12-4.18  or  made  by  an  entity  other  than  the  Illinois
10    Department   shall  be  deposited  into  the  Employment  and
11    Training  Fund,  except  that  federal  funds   received   as
12    reimbursement  as  a result of the appropriation made for the
13    costs of  providing  adult  education  to  public  assistance
14    recipients  under  the  "Adult  Education,  Public Assistance
15    Fund" shall be  deposited  into  the  General  Revenue  Fund;
16    provided,  however,  that  all  funds,  except those that are
17    specified in an interagency agreement  between  the  Illinois
18    Community College Board and the Illinois Department, that are
19    received  by  the  Illinois Department as reimbursement under
20    Title IV-A of the Social Security Act for  expenditures  that
21    are  made  by  the  Illinois  Community  College Board or any
22    public community college of this State shall be credited to a
23    special account that the State Treasurer shall establish  and
24    maintain  within  the  Employment  and  Training Fund for the
25    purpose  of  segregating  the  reimbursements  received   for
26    expenditures  made  by those entities.  As reimbursements are
27    deposited into the Employment and Training Fund, the Illinois
28    Department shall certify to the State Comptroller  and  State
29    Treasurer  the  amount  that is to be credited to the special
30    account established within that Fund as a  reimbursement  for
31    expenditures under Title IV-A of the Social Security Act made
32    by  the Illinois Community College Board or any of the public
33    community colleges.  All  amounts  credited  to  the  special
34    account  established and maintained within the Employment and
 
SB1656 Enrolled            -80-      LRB093 03244 RCE 03261 b
 1    Training Fund as provided in this Section shall be  held  for
 2    transfer  to  the  TANF  Opportunities  Fund  as  provided in
 3    subsection  (d)  of  Section  12-10.3,  and  shall   not   be
 4    transferred to any other fund or used for any other purpose.
 5        Any  or  all  federal funds received as reimbursement for
 6    food and shelter assistance  under  the  Emergency  Food  and
 7    Shelter   Program   authorized   by  Section  12-4.5  may  be
 8    deposited,  with  the  consent  of  the  Governor,  into  the
 9    Homelessness Prevention Fund.
10        Eighty percent of  the  federal  financial  participation
11    funds  received  by  the  Illinois Department under the Title
12    IV-A  Emergency  Assistance  program  as  reimbursement   for
13    expenditures  made  from  the Illinois Department of Children
14    and Family Services appropriations for the costs of providing
15    services in behalf  of  Department  of  Children  and  Family
16    Services  clients shall be deposited into the DCFS Children's
17    Services Fund.
18        All federal funds, except those covered by the  foregoing
19    3 paragraphs, received as reimbursement for expenditures from
20    the  General  Revenue  Fund shall be deposited in the General
21    Revenue Fund for administrative and distributive expenditures
22    properly chargeable by  federal  law  or  regulation  to  aid
23    programs  established  under  Articles  III  through  XII and
24    Titles IV, XVI, XIX and XX of  the  Federal  Social  Security
25    Act.   Any  other  federal  funds  received  by  the Illinois
26    Department under Sections 12-4.6, 12-4.18  and  12-4.19  that
27    are  required  by  Section 12-10 of this Code to be paid into
28    the Special Purposes Trust Fund shall be deposited  into  the
29    Special   Purposes  Trust  Fund.   Any  other  federal  funds
30    received by the Illinois Department  pursuant  to  the  Child
31    Support  Enforcement Program established by Title IV-D of the
32    Social Security Act shall be deposited in the  Child  Support
33    Enforcement  Trust  Fund as required under Section 12-10.2 of
34    this Code.  Any other federal funds received by the  Illinois
 
SB1656 Enrolled            -81-      LRB093 03244 RCE 03261 b
 1    Department  for  medical assistance program expenditures made
 2    under Title XIX of the Social Security Act and Article  V  of
 3    this Code that are required by Section 5-4.21 of this Code to
 4    be  paid  into the Medicaid Developmentally Disabled Provider
 5    Participation Fee Trust Fund  shall  be  deposited  into  the
 6    Medicaid  Developmentally Disabled Provider Participation Fee
 7    Trust Fund.  Any other federal funds received by the Illinois
 8    Department for medical assistance program  expenditures  made
 9    under  Title  XIX of the Social Security Act and Article V of
10    this Code that are required by Section 5-4.31 of this Code to
11    be  paid  into  the  Medicaid   Long   Term   Care   Provider
12    Participation  Fee  Trust  Fund  shall  be deposited into the
13    Medicaid Long Term  Care  Provider  Participation  Fee  Trust
14    Fund.   Any  other  federal  funds  received  by the Illinois
15    Department for hospital inpatient, hospital ambulatory  care,
16    and  disproportionate  share hospital expenditures made under
17    Title XIX of the Social Security Act and Article  V  of  this
18    Code  that  are  required  by Section 14-2 of this Code to be
19    paid into the Hospital Services Trust Fund shall be deposited
20    into the Hospital Services Trust  Fund.   Any  other  federal
21    funds  received  by  the Illinois Department for expenditures
22    made under Title XIX of the Social Security Act and  Articles
23    V  and  VI  of this Code that are required by Section 15-2 of
24    this Code to be paid into  the  County  Provider  Trust  Fund
25    shall  be deposited into the County Provider Trust Fund.  Any
26    other federal funds received by the Illinois  Department  for
27    hospital    inpatient,    hospital   ambulatory   care,   and
28    disproportionate share hospital expenditures made under Title
29    XIX of the Social Security Act and Article  V  of  this  Code
30    that  are  required  by  Section 5A-8 of this Code to be paid
31    into the Hospital Provider Fund shall be deposited  into  the
32    Hospital  Provider Fund.  Any other federal funds received by
33    the  Illinois  Department  for  medical  assistance   program
34    expenditures  made under Title XIX of the Social Security Act
 
SB1656 Enrolled            -82-      LRB093 03244 RCE 03261 b
 1    and Article V of this Code that are required by Section  5B-8
 2    of this Code to be paid into the Long-Term Care Provider Fund
 3    shall  be  deposited  into  the Long-Term Care Provider Fund.
 4    Any other federal funds received by the  Illinois  Department
 5    for  medical assistance program expenditures made under Title
 6    XIX of the Social Security Act and Article  V  of  this  Code
 7    that  are  required  by  Section 5C-7 of this Code to be paid
 8    into the Developmentally Disabled Care Provider Fund shall be
 9    deposited into the  Developmentally  Disabled  Care  Provider
10    Fund.   Any  other  federal  funds  received  by the Illinois
11    Department for trauma center  adjustment  payments  that  are
12    required  by Section 5-5.03 of this Code and made under Title
13    XIX of the Social Security Act and Article  V  of  this  Code
14    shall  be  deposited  into the Trauma Center Fund.  Any other
15    federal  funds  received  by  the  Illinois   Department   as
16    reimbursement  for  expenses  for early intervention services
17    paid from the  Early  Intervention  Services  Revolving  Fund
18    shall be deposited into that Fund.
19        The  Illinois  Department shall consult with the Citizens
20    Assembly/Council on Public Aid in respect to the  expenditure
21    of  federal  funds from the Special Purposes Trust Fund under
22    Section 12-10 and the Local  Initiative  Fund  under  Section
23    12-10.1.   It shall report to the General Assembly at the end
24    of each fiscal quarter the amount of all funds  received  and
25    paid  into  the Social Service Block Grant Fund and the Local
26    Initiative Fund and the expenditures and  transfers  of  such
27    funds for services, programs and other purposes authorized by
28    law.   Such  report shall be filed with the Speaker, Minority
29    Leader and Clerk of the House, with the  President,  Minority
30    Leader  and Secretary of the Senate, with the Chairmen of the
31    House and Senate Appropriations Committees, the  House  Human
32    Resources Committee and the Senate Public Health, Welfare and
33    Corrections  Committee,  or the successor standing Committees
34    of each as provided by the rules of  the  House  and  Senate,
 
SB1656 Enrolled            -83-      LRB093 03244 RCE 03261 b
 1    respectively, with the Legislative Research Unit and with the
 2    State  Government  Report Distribution Center for the General
 3    Assembly as is required under paragraph (t) of Section  7  of
 4    the  State  Library  Act  and  one  copy  with  the  Citizens
 5    Assembly/Council  on  Public  Aid  or  its successor shall be
 6    deemed sufficient to comply with this Section.
 7    (Source: P.A. 92-111, eff. 1-1-02.)

 8        (305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
 9        Sec. 12-8.  Public Assistance Emergency Revolving Fund  -
10    Uses.    The  Public  Assistance  Emergency  Revolving  Fund,
11    established by Act approved July 8, 1955 shall be held by the
12    Illinois Department and  shall  be  used  for  the  following
13    purposes:
14             1.  To provide immediate financial aid to applicants
15        in  acute  need who have been determined eligible for aid
16        under Articles III, IV, or V.
17             2.  To provide emergency  aid  to  recipients  under
18        said  Articles  who  have  failed to receive their grants
19        because of mail box or other thefts, or who  are  victims
20        of  a  burnout,  eviction, or other circumstances causing
21        privation, in which cases  the  delays  incident  to  the
22        issuance   of  grants  from  appropriations  would  cause
23        hardship and suffering.
24             3.  To provide  emergency  aid  for  transportation,
25        meals  and  lodging  to  applicants  who  are referred to
26        cities  other  than  where  they  reside   for   physical
27        examinations  to establish blindness or disability, or to
28        determine the incapacity of the  parent  of  a  dependent
29        child.
30             4.  To   provide  emergency  transportation  expense
31        allowances to recipients engaged in  vocational  training
32        and rehabilitation projects.
33             5.  To  assist  public  aid  applicants in obtaining
 
SB1656 Enrolled            -84-      LRB093 03244 RCE 03261 b
 1        copies  of  birth   certificates,   death   certificates,
 2        marriage  licenses or other similar legal documents which
 3        may facilitate the verification of eligibility for public
 4        aid under this Code.
 5             6.  To provide  immediate  payments  to  current  or
 6        former  recipients of child support enforcement services,
 7        or refunds to responsible relatives,  for  child  support
 8        made  to  the Illinois Department under Title IV-D of the
 9        Social Security Act when such recipients of  services  or
10        responsible relatives are legally entitled to all or part
11        of  such child support payments under applicable State or
12        federal law.
13             7.  To provide payments to individuals or  providers
14        of  transportation  to  and  from  medical  care  for the
15        benefit of recipients under Articles III, IV, V, and VI.
16        Disbursements  from  the  Public   Assistance   Emergency
17    Revolving Fund shall be made by the Illinois Department.
18        Expenditures   from   the   Public  Assistance  Emergency
19    Revolving Fund shall  be  for  purposes  which  are  properly
20    chargeable to appropriations made to the Illinois Department,
21    or,  in  the  case  of  payments under subparagraph 6, to the
22    Child  Support  Enforcement  Trust  Fund,  except   that   no
23    expenditure  shall  be  made  for purposes which are properly
24    chargeable  to  appropriations  for  the  following  objects:
25    personal  services;  extra  help;  state   contributions   to
26    retirement  system;  state  contributions to Social Security;
27    state contributions for employee group insurance; contractual
28    services;   travel;   commodities;    printing;    equipment;
29    electronic  data  processing;  operation  of  auto equipment;
30    telecommunications services; library books; and refunds.  The
31    Illinois  Department  shall  reimburse  the Public Assistance
32    Emergency Revolving Fund  by  warrants  drawn  by  the  State
33    Comptroller  on the appropriation or appropriations which are
34    so chargeable, or, in the case of payments under subparagraph
 
SB1656 Enrolled            -85-      LRB093 03244 RCE 03261 b
 1    6, by warrants drawn on the Child Support  Enforcement  Trust
 2    Fund, payable to the Revolving Fund.
 3        The  Illinois  Department shall consult, in writing, with
 4    the Citizens Assembly/Council on Public Aid with  respect  to
 5    the  investment of funds from the Public Assistance Emergency
 6    Revolving Fund outside the State Treasury in certificates  of
 7    deposit or other interest-bearing accounts.
 8    (Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)

 9        Section  115.   The  Supreme  Court  Act  is  amended  by
10    changing Section 17 as follows:

11        (705 ILCS 5/17) (from Ch. 37, par. 22)
12        Sec.  17. The judges of the Supreme Court shall appoint a
13    librarian for the  Supreme  Court  Library,  located  at  the
14    Supreme  Court  Building  State  Capitol,  and  prescribe his
15    duties and fix his compensation to be paid as other  expenses
16    of  the  Supreme  Court  are  paid.  Such  librarian,  before
17    entering  upon  the  duties  of  his  office, shall give bond
18    payable to the People of the State of Illinois in  the  penal
19    sum  of  $5,000  with  security to be approved by 2 judges of
20    said court conditioned for the due preservation of the  books
21    belonging to the library, in his charge, and for the faithful
22    performance of his duties as such librarian.
23    (Source: Laws 1965, p. 766.)

24        Section  999.   Effective date.  This Act takes effect on
25    February 1, 2004.