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90_HB3275
SEE INDEX
Amends the Legislative Commission Reorganization Act of
1984 and other Acts referring to the Illinois Economic and
Fiscal Commission, the Commission on Intergovernmental
Cooperation, and the Legislative Research Unit. Eliminates
the Illinois Economic and Fiscal Commission, the Commission
on Intergovernmental Cooperation, and the Legislative
Research Unit and transfers their functions to a new
legislative support services agency, the Legislative Research
Agency. Requires the Agency to also provide General Assembly
members, standing committees, and committee and caucus staff
with research in all areas covered by the General Assembly's
standing committees, including appropriations and budgeting,
and its special commissions and projects.
LRB9010542JMdv
LRB9010542JMdv
1 AN ACT to create the Legislative Research Agency,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 5
6 Section 5-5. The State Employees Group Insurance Act of
7 1971 is amended by changing Section 3 as follows:
8 (5 ILCS 375/3) (from Ch. 127, par. 523)
9 Sec. 3. Definitions. Unless the context otherwise
10 requires, the following words and phrases as used in this Act
11 shall have the following meanings. The Department may define
12 these and other words and phrases separately for the purpose
13 of implementing specific programs providing benefits under
14 this Act.
15 (a) "Administrative service organization" means any
16 person, firm or corporation experienced in the handling of
17 claims which is fully qualified, financially sound and
18 capable of meeting the service requirements of a contract of
19 administration executed with the Department.
20 (b) "Annuitant" means (1) an employee who retires, or
21 has retired, on or after January 1, 1966 on an immediate
22 annuity under the provisions of Articles 2, 14, 15 (including
23 an employee who has retired under the optional retirement
24 program established under Section 15-158.2), paragraphs (b)
25 or (c) of Section 16-106, or Article 18 of the Illinois
26 Pension Code; (2) any person who was receiving group
27 insurance coverage under this Act as of March 31, 1978 by
28 reason of his status as an annuitant, even though the annuity
29 in relation to which such coverage was provided is a
30 proportional annuity based on less than the minimum period of
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1 service required for a retirement annuity in the system
2 involved; (3) any person not otherwise covered by this Act
3 who has retired as a participating member under Article 2 of
4 the Illinois Pension Code but is ineligible for the
5 retirement annuity under Section 2-119 of the Illinois
6 Pension Code; (4) the spouse of any person who is receiving a
7 retirement annuity under Article 18 of the Illinois Pension
8 Code and who is covered under a group health insurance
9 program sponsored by a governmental employer other than the
10 State of Illinois and who has irrevocably elected to waive
11 his or her coverage under this Act and to have his or her
12 spouse considered as the "annuitant" under this Act and not
13 as a "dependent"; or (5) an employee who retires, or has
14 retired, from a qualified position, as determined according
15 to rules promulgated by the Director, under a qualified local
16 government or a qualified rehabilitation facility or a
17 qualified domestic violence shelter or service. (For
18 definition of "retired employee", see (p) post).
19 (b-5) "New SERS annuitant" means a person who, on or
20 after January 1, 1998, becomes an annuitant, as defined in
21 subsection (b), by virtue of beginning to receive a
22 retirement annuity under Article 14 of the Illinois Pension
23 Code, and is eligible to participate in the basic program of
24 group health benefits provided for annuitants under this Act.
25 (b-6) "New SURS annuitant" means a person who, on or
26 after January 1, 1998, becomes an annuitant, as defined in
27 subsection (b), by virtue of beginning to receive a
28 retirement annuity under Article 15 of the Illinois Pension
29 Code, and is eligible to participate in the basic program of
30 group health benefits provided for annuitants under this Act.
31 (c) "Carrier" means (1) an insurance company, a
32 corporation organized under the Limited Health Service
33 Organization Act or the Voluntary Health Services Plan Act, a
34 partnership, or other nongovernmental organization, which is
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1 authorized to do group life or group health insurance
2 business in Illinois, or (2) the State of Illinois as a
3 self-insurer.
4 (d) "Compensation" means salary or wages payable on a
5 regular payroll by the State Treasurer on a warrant of the
6 State Comptroller out of any State, trust or federal fund, or
7 by the Governor of the State through a disbursing officer of
8 the State out of a trust or out of federal funds, or by any
9 Department out of State, trust, federal or other funds held
10 by the State Treasurer or the Department, to any person for
11 personal services currently performed, and ordinary or
12 accidental disability benefits under Articles 2, 14, 15
13 (including ordinary or accidental disability benefits under
14 the optional retirement program established under Section
15 15-158.2), paragraphs (b) or (c) of Section 16-106, or
16 Article 18 of the Illinois Pension Code, for disability
17 incurred after January 1, 1966, or benefits payable under the
18 Workers' Compensation or Occupational Diseases Act or
19 benefits payable under a sick pay plan established in
20 accordance with Section 36 of the State Finance Act.
21 "Compensation" also means salary or wages paid to an employee
22 of any qualified local government or qualified rehabilitation
23 facility or a qualified domestic violence shelter or service.
24 (e) "Commission" means the State Employees Group
25 Insurance Advisory Commission authorized by this Act.
26 Commencing July 1, 1984, and until the effective date of this
27 amendatory Act of 1998, "Commission" as used in this Act
28 means the Illinois Economic and Fiscal Commission, and
29 beginning on the effective date of this amendatory Act of
30 1998 means the Legislative Research Agency, as established by
31 the Legislative Commission Reorganization Act of 1984.
32 (f) "Contributory", when referred to as contributory
33 coverage, shall mean optional coverages or benefits elected
34 by the member toward the cost of which such member makes
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1 contribution, or which are funded in whole or in part through
2 the acceptance of a reduction in earnings or the foregoing of
3 an increase in earnings by an employee, as distinguished from
4 noncontributory coverage or benefits which are paid entirely
5 by the State of Illinois without reduction of the member's
6 salary.
7 (g) "Department" means any department, institution,
8 board, commission, officer, court or any agency of the State
9 government receiving appropriations and having power to
10 certify payrolls to the Comptroller authorizing payments of
11 salary and wages against such appropriations as are made by
12 the General Assembly from any State fund, or against trust
13 funds held by the State Treasurer and includes boards of
14 trustees of the retirement systems created by Articles 2, 14,
15 15, 16 and 18 of the Illinois Pension Code. "Department"
16 also includes the Illinois Comprehensive Health Insurance
17 Board, the Board of Examiners established under the Illinois
18 Public Accounting Act, and the Illinois Rural Bond Bank.
19 (h) "Dependent", when the term is used in the context of
20 the health and life plan, means a member's spouse and any
21 unmarried child (1) from birth to age 19 including an adopted
22 child, a child who lives with the member from the time of the
23 filing of a petition for adoption until entry of an order of
24 adoption, a stepchild or recognized child who lives with the
25 member in a parent-child relationship, or a child who lives
26 with the member if such member is a court appointed guardian
27 of the child, or (2) age 19 to 23 enrolled as a full-time
28 student in any accredited school, financially dependent upon
29 the member, and eligible as a dependent for Illinois State
30 income tax purposes, or (3) age 19 or over who is mentally or
31 physically handicapped as defined in the Illinois Insurance
32 Code. For the health plan only, the term "dependent" also
33 includes any person enrolled prior to the effective date of
34 this Section who is dependent upon the member to the extent
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1 that the member may claim such person as a dependent for
2 Illinois State income tax deduction purposes; no other such
3 person may be enrolled.
4 (i) "Director" means the Director of the Illinois
5 Department of Central Management Services.
6 (j) "Eligibility period" means the period of time a
7 member has to elect enrollment in programs or to select
8 benefits without regard to age, sex or health.
9 (k) "Employee" means and includes each officer or
10 employee in the service of a department who (1) receives his
11 compensation for service rendered to the department on a
12 warrant issued pursuant to a payroll certified by a
13 department or on a warrant or check issued and drawn by a
14 department upon a trust, federal or other fund or on a
15 warrant issued pursuant to a payroll certified by an elected
16 or duly appointed officer of the State or who receives
17 payment of the performance of personal services on a warrant
18 issued pursuant to a payroll certified by a Department and
19 drawn by the Comptroller upon the State Treasurer against
20 appropriations made by the General Assembly from any fund or
21 against trust funds held by the State Treasurer, and (2) is
22 employed full-time or part-time in a position normally
23 requiring actual performance of duty during not less than 1/2
24 of a normal work period, as established by the Director in
25 cooperation with each department, except that persons elected
26 by popular vote will be considered employees during the
27 entire term for which they are elected regardless of hours
28 devoted to the service of the State, and (3) except that
29 "employee" does not include any person who is not eligible by
30 reason of such person's employment to participate in one of
31 the State retirement systems under Articles 2, 14, 15 (either
32 the regular Article 15 system or the optional retirement
33 program established under Section 15-158.2) or 18, or under
34 paragraph (b) or (c) of Section 16-106, of the Illinois
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1 Pension Code, but such term does include persons who are
2 employed during the 6 month qualifying period under Article
3 14 of the Illinois Pension Code. Such term also includes any
4 person who (1) after January 1, 1966, is receiving ordinary
5 or accidental disability benefits under Articles 2, 14, 15
6 (including ordinary or accidental disability benefits under
7 the optional retirement program established under Section
8 15-158.2), paragraphs (b) or (c) of Section 16-106, or
9 Article 18 of the Illinois Pension Code, for disability
10 incurred after January 1, 1966, (2) receives total permanent
11 or total temporary disability under the Workers' Compensation
12 Act or Occupational Disease Act as a result of injuries
13 sustained or illness contracted in the course of employment
14 with the State of Illinois, or (3) is not otherwise covered
15 under this Act and has retired as a participating member
16 under Article 2 of the Illinois Pension Code but is
17 ineligible for the retirement annuity under Section 2-119 of
18 the Illinois Pension Code. However, a person who satisfies
19 the criteria of the foregoing definition of "employee" except
20 that such person is made ineligible to participate in the
21 State Universities Retirement System by clause (4) of
22 subsection (a) of Section 15-107 of the Illinois Pension Code
23 is also an "employee" for the purposes of this Act.
24 "Employee" also includes any person receiving or eligible for
25 benefits under a sick pay plan established in accordance with
26 Section 36 of the State Finance Act. "Employee" also includes
27 each officer or employee in the service of a qualified local
28 government, including persons appointed as trustees of
29 sanitary districts regardless of hours devoted to the service
30 of the sanitary district, and each employee in the service of
31 a qualified rehabilitation facility and each full-time
32 employee in the service of a qualified domestic violence
33 shelter or service, as determined according to rules
34 promulgated by the Director.
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1 (l) "Member" means an employee, annuitant, retired
2 employee or survivor.
3 (m) "Optional coverages or benefits" means those
4 coverages or benefits available to the member on his or her
5 voluntary election, and at his or her own expense.
6 (n) "Program" means the group life insurance, health
7 benefits and other employee benefits designed and contracted
8 for by the Director under this Act.
9 (o) "Health plan" means a self-insured health insurance
10 program offered by the State of Illinois for the purposes of
11 benefiting employees by means of providing, among others,
12 wellness programs, utilization reviews, second opinions and
13 medical fee reviews, as well as for paying for hospital and
14 medical care up to the maximum coverage provided by the plan,
15 to its members and their dependents.
16 (p) "Retired employee" means any person who would be an
17 annuitant as that term is defined herein but for the fact
18 that such person retired prior to January 1, 1966. Such term
19 also includes any person formerly employed by the University
20 of Illinois in the Cooperative Extension Service who would be
21 an annuitant but for the fact that such person was made
22 ineligible to participate in the State Universities
23 Retirement System by clause (4) of subsection (a) of Section
24 15-107 of the Illinois Pension Code.
25 (p-6) "New SURS retired employee" means a person who, on
26 or after January 1, 1998, becomes a retired employee, as
27 defined in subsection (p), by virtue of being a person
28 formerly employed by the University of Illinois in the
29 Cooperative Extension Service who would be an annuitant but
30 for the fact that he or she was made ineligible to
31 participate in the State Universities Retirement System by
32 clause (4) of subsection (a) of Section 15-107 of the
33 Illinois Pension Code, and who is eligible to participate in
34 the basic program of group health benefits provided for
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1 retired employees under this Act.
2 (q) "Survivor" means a person receiving an annuity as a
3 survivor of an employee or of an annuitant. "Survivor" also
4 includes: (1) the surviving dependent of a person who
5 satisfies the definition of "employee" except that such
6 person is made ineligible to participate in the State
7 Universities Retirement System by clause (4) of subsection
8 (a) of Section 15-107 of the Illinois Pension Code; and (2)
9 the surviving dependent of any person formerly employed by
10 the University of Illinois in the Cooperative Extension
11 Service who would be an annuitant except for the fact that
12 such person was made ineligible to participate in the State
13 Universities Retirement System by clause (4) of subsection
14 (a) of Section 15-107 of the Illinois Pension Code.
15 (q-5) "New SERS survivor" means a survivor, as defined
16 in subsection (q), whose annuity is paid under Article 14 of
17 the Illinois Pension Code and is based on the death of (i) an
18 employee whose death occurs on or after January 1, 1998, or
19 (ii) a new SERS annuitant as defined in subsection (b-5).
20 (q-6) "New SURS survivor" means a survivor, as defined
21 in subsection (q), whose annuity is paid under Article 15 of
22 the Illinois Pension Code and is based on the death of (i) an
23 employee whose death occurs on or after January 1, 1998, (ii)
24 a new SURS annuitant as defined in subsection (b-6), or (iii)
25 a new SURS retired employee as defined in subsection (p-6).
26 (r) "Medical services" means the services provided
27 within the scope of their licenses by practitioners in all
28 categories licensed under the Medical Practice Act of 1987.
29 (s) "Unit of local government" means any county,
30 municipality, township, school district, special district or
31 other unit, designated as a unit of local government by law,
32 which exercises limited governmental powers or powers in
33 respect to limited governmental subjects, any not-for-profit
34 association with a membership that primarily includes
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1 townships and township officials, that has duties that
2 include provision of research service, dissemination of
3 information, and other acts for the purpose of improving
4 township government, and that is funded wholly or partly in
5 accordance with Section 85-15 of the Township Code; any
6 not-for-profit corporation or association, with a membership
7 consisting primarily of municipalities, that operates its own
8 utility system, and provides research, training,
9 dissemination of information, or other acts to promote
10 cooperation between and among municipalities that provide
11 utility services and for the advancement of the goals and
12 purposes of its membership; and the Illinois Association of
13 Park Districts. "Qualified local government" means a unit of
14 local government approved by the Director and participating
15 in a program created under subsection (i) of Section 10 of
16 this Act.
17 (t) "Qualified rehabilitation facility" means any
18 not-for-profit organization that is accredited by the
19 Commission on Accreditation of Rehabilitation Facilities or
20 certified by the Department of Human Services (as successor
21 to the Department of Mental Health and Developmental
22 Disabilities) to provide services to persons with
23 disabilities and which receives funds from the State of
24 Illinois for providing those services, approved by the
25 Director and participating in a program created under
26 subsection (j) of Section 10 of this Act.
27 (u) "Qualified domestic violence shelter or service"
28 means any Illinois domestic violence shelter or service and
29 its administrative offices funded by the Department of Human
30 Services (as successor to the Illinois Department of Public
31 Aid), approved by the Director and participating in a program
32 created under subsection (k) of Section 10.
33 (v) "TRS benefit recipient" means a person who:
34 (1) is not a "member" as defined in this Section;
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1 and
2 (2) is receiving a monthly benefit or retirement
3 annuity under Article 16 of the Illinois Pension Code;
4 and
5 (3) either (i) has at least 8 years of creditable
6 service under Article 16 of the Illinois Pension Code, or
7 (ii) was enrolled in the health insurance program offered
8 under that Article on January 1, 1996, or (iii) is the
9 survivor of a benefit recipient who had at least 8 years
10 of creditable service under Article 16 of the Illinois
11 Pension Code or was enrolled in the health insurance
12 program offered under that Article on the effective date
13 of this amendatory Act of 1995, or (iv) is a recipient or
14 survivor of a recipient of a disability benefit under
15 Article 16 of the Illinois Pension Code.
16 (w) "TRS dependent beneficiary" means a person who:
17 (1) is not a "member" or "dependent" as defined in
18 this Section; and
19 (2) is a TRS benefit recipient's: (A) spouse, (B)
20 dependent parent who is receiving at least half of his or
21 her support from the TRS benefit recipient, or (C)
22 unmarried natural or adopted child who is (i) under age
23 19, or (ii) enrolled as a full-time student in an
24 accredited school, financially dependent upon the TRS
25 benefit recipient, eligible as a dependent for Illinois
26 State income tax purposes, and either is under age 24 or
27 was, on January 1, 1996, participating as a dependent
28 beneficiary in the health insurance program offered under
29 Article 16 of the Illinois Pension Code, or (iii) age 19
30 or over who is mentally or physically handicapped as
31 defined in the Illinois Insurance Code.
32 (x) "Military leave with pay and benefits" refers to
33 individuals in basic training for reserves, special/advanced
34 training, annual training, emergency call up, or activation
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1 by the President of the United States with approved pay and
2 benefits.
3 (y) "Military leave without pay and benefits" refers to
4 individuals who enlist for active duty in a regular component
5 of the U.S. Armed Forces or other duty not specified or
6 authorized under military leave with pay and benefits.
7 (z) "Community college benefit recipient" means a person
8 who:
9 (1) is not a "member" as defined in this Section;
10 and
11 (2) is receiving a monthly survivor's annuity or
12 retirement annuity under Article 15 of the Illinois
13 Pension Code; and
14 (3) either (i) was a full-time employee of a
15 community college district or an association of community
16 college boards created under the Public Community College
17 Act (other than an employee whose last employer under
18 Article 15 of the Illinois Pension Code was a community
19 college district subject to Article VII of the Public
20 Community College Act) and was eligible to participate in
21 a group health benefit plan as an employee during the
22 time of employment with a community college district
23 (other than a community college district subject to
24 Article VII of the Public Community College Act) or an
25 association of community college boards, or (ii) is the
26 survivor of a person described in item (i).
27 (aa) "Community college dependent beneficiary" means a
28 person who:
29 (1) is not a "member" or "dependent" as defined in
30 this Section; and
31 (2) is a community college benefit recipient's: (A)
32 spouse, (B) dependent parent who is receiving at least
33 half of his or her support from the community college
34 benefit recipient, or (C) unmarried natural or adopted
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1 child who is (i) under age 19, or (ii) enrolled as a
2 full-time student in an accredited school, financially
3 dependent upon the community college benefit recipient,
4 eligible as a dependent for Illinois State income tax
5 purposes and under age 23, or (iii) age 19 or over and
6 mentally or physically handicapped as defined in the
7 Illinois Insurance Code.
8 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95;
9 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff.
10 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628,
11 eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
12 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
13 revised 10-13-97.)
14 Section 5-10. The Civil Administrative Code of Illinois
15 is amended by changing Section 38 as follows:
16 (15 ILCS 20/38) (from Ch. 127, par. 38)
17 Sec. 38. The Governor shall, as soon as possible and not
18 later than the third Wednesday in February of each year
19 beginning in 1998, submit a State budget, embracing therein
20 the amounts recommended by him to be appropriated to the
21 respective departments, offices, and institutions, and for
22 all other public purposes, the estimated revenues from
23 taxation, the estimated revenues from sources other than
24 taxation, and an estimate of the amount required to be raised
25 by taxation. The amounts recommended by the Governor for
26 appropriation to the respective departments, offices and
27 institutions shall be formulated according to the various
28 functions and activities for which the respective department,
29 office or institution of the State government (including the
30 elective officers in the executive department and including
31 the University of Illinois and the judicial department) is
32 responsible. The amounts relating to particular functions and
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1 activities shall be further formulated in accordance with the
2 object classification specified in Section 13 of the State
3 Finance Act.
4 The Governor shall not propose expenditures and the
5 General Assembly shall not enact appropriations that exceed
6 the resources estimated to be available, as provided in this
7 Section.
8 For the purposes of Article VIII, Section 2 of the 1970
9 Illinois Constitution, the State budget for the following
10 funds shall be prepared on the basis of revenue and
11 expenditure measurement concepts that are in concert with
12 generally accepted accounting principles for governments:
13 (1) General Revenue Fund
14 (2) Common School Fund
15 (3) Educational Assistance Fund
16 (4) Road Fund
17 (5) Motor Fuel Tax Fund
18 (6) Agricultural Premium Fund
19 These funds shall be known as the "budgeted funds". The
20 revenue estimates used in the State budget for the budgeted
21 funds shall include the estimated beginning fund balance,
22 plus revenues estimated to be received during the budgeted
23 year, plus the estimated receipts due the State as of June 30
24 of the budgeted year that are expected to be collected during
25 the lapse period following the budgeted year, minus the
26 receipts collected during the first 2 months of the budgeted
27 year that became due to the State in the year before the
28 budgeted year. Revenues shall also include estimated federal
29 reimbursements associated with the recognition of Section 25
30 of the State Finance Act liabilities. For any budgeted fund
31 for which current year revenues are anticipated to exceed
32 expenditures, the surplus shall be considered to be a
33 resource available for expenditure in the budgeted fiscal
34 year.
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1 Expenditure estimates for the budgeted funds included in
2 the State budget shall include the costs to be incurred by
3 the State for the budgeted year, to be paid in the next
4 fiscal year, excluding costs paid in the budgeted year which
5 were carried over from the prior year, where the payment is
6 authorized by Section 25 of the State Finance Act. For any
7 budgeted fund for which expenditures are expected to exceed
8 revenues in the current fiscal year, the deficit shall be
9 considered as a use of funds in the budgeted fiscal year.
10 Revenues and expenditures shall also include transfers
11 between funds that are based on revenues received or costs
12 incurred during the budget year.
13 By March 15 of each year, the Legislative Research Agency
14 Economic and Fiscal Commission shall prepare revenue and fund
15 transfer estimates in accordance with the requirements of
16 this Section and report those estimates to the General
17 Assembly and the Governor.
18 For all funds other than the budgeted funds, the proposed
19 expenditures shall not exceed funds estimated to be available
20 for the fiscal year as shown in the budget. Appropriation
21 for a fiscal year shall not exceed funds estimated by the
22 General Assembly to be available during that year.
23 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)
24 Section 5-15. The Personnel Code is amended by changing
25 Sections 4c and 9 as follows:
26 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
27 Sec. 4c. General exemptions. The following positions in
28 State service shall be exempt from jurisdictions A, B, and C,
29 unless the jurisdictions shall be extended as provided in
30 this Act:
31 (1) All officers elected by the people.
32 (2) All positions under the Lieutenant Governor,
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1 Secretary of State, State Treasurer, State Comptroller,
2 State Board of Education, Clerk of the Supreme Court, and
3 Attorney General.
4 (3) Judges, and officers and employees of the
5 courts, and notaries public.
6 (4) All officers and employees of the Illinois
7 General Assembly, all employees of legislative
8 commissions, all officers and employees of the Illinois
9 Legislative Reference Bureau, the Legislative Research
10 Agency Unit, and the Legislative Printing Unit.
11 (5) All positions in the Illinois National Guard
12 and Illinois State Guard, paid from federal funds or
13 positions in the State Military Service filled by
14 enlistment and paid from State funds.
15 (6) All employees of the Governor at the executive
16 mansion and on his immediate personal staff.
17 (7) Directors of Departments, the Adjutant General,
18 the Assistant Adjutant General, the Director of the
19 Illinois Emergency Management Agency, members of boards
20 and commissions, and all other positions appointed by
21 the Governor by and with the consent of the Senate.
22 (8) The presidents, other principal administrative
23 officers, and teaching, research and extension faculties
24 of Chicago State University, Eastern Illinois University,
25 Governors State University, Illinois State University,
26 Northeastern Illinois University, Northern Illinois
27 University, Western Illinois University, the Illinois
28 Community College Board, Southern Illinois University,
29 Illinois Board of Higher Education, University of
30 Illinois, State Universities Civil Service System,
31 University Retirement System of Illinois, and the
32 administrative officers and scientific and technical
33 staff of the Illinois State Museum.
34 (9) All other employees except the presidents,
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1 other principal administrative officers, and teaching,
2 research and extension faculties of the universities
3 under the jurisdiction of the Board of Regents and the
4 colleges and universities under the jurisdiction of the
5 Board of Governors of State Colleges and Universities,
6 Illinois Community College Board, Southern Illinois
7 University, Illinois Board of Higher Education, Board of
8 Governors of State Colleges and Universities, the Board
9 of Regents, University of Illinois, State Universities
10 Civil Service System, University Retirement System of
11 Illinois, so long as these are subject to the provisions
12 of the State Universities Civil Service Act.
13 (10) The State Police so long as they are subject
14 to the merit provisions of the State Police Act.
15 (11) The scientific staff of the State Scientific
16 Surveys and the Waste Management and Research Center.
17 (12) The technical and engineering staffs of the
18 Department of Transportation, the Department of Nuclear
19 Safety and the Illinois Commerce Commission, and the
20 technical and engineering staff providing architectural
21 and engineering services in the Department of Central
22 Management Services.
23 (13) All employees of the Illinois State Toll
24 Highway Commission.
25 (14) The Secretary of the Industrial Commission.
26 (15) All persons who are appointed or employed by
27 the Director of Insurance under authority of Section 202
28 of the Illinois Insurance Code to assist the Director of
29 Insurance in discharging his responsibilities relating to
30 the rehabilitation, liquidation, conservation, and
31 dissolution of companies that are subject to the
32 jurisdiction of the Illinois Insurance Code.
33 (16) All employees of the St. Louis Metropolitan
34 Area Airport Authority.
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1 (17) All investment officers employed by the
2 Illinois State Board of Investment.
3 (18) Employees of the Illinois Young Adult
4 Conservation Corps program, administered by the Illinois
5 Department of Natural Resources, authorized grantee under
6 Title VIII of the Comprehensive Employment and Training
7 Act of 1973, 29 USC 993.
8 (19) Seasonal employees of the Department of
9 Agriculture for the operation of the Illinois State Fair
10 and the DuQuoin State Fair, no one person receiving more
11 than 29 days of such employment in any calendar year.
12 (20) All "temporary" employees hired under the
13 Department of Natural Resources' Illinois Conservation
14 Service, a youth employment program that hires young
15 people to work in State parks for a period of one year or
16 less.
17 (21) All hearing officers of the Human Rights
18 Commission.
19 (22) All employees of the Illinois Mathematics and
20 Science Academy.
21 (23) All employees of the Kankakee River Valley
22 Area Airport Authority.
23 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
24 eff. 8-17-97.)
25 (20 ILCS 415/9) (from Ch. 127, par. 63b109)
26 Sec. 9. Director, powers and duties. The Director, as
27 executive head of the Department, shall direct and supervise
28 all its administrative and technical activities. In addition
29 to the duties imposed upon him elsewhere in this law, it
30 shall be his duty:
31 (1) To apply and carry out this law and the rules
32 adopted thereunder.
33 (2) To attend meetings of the Commission.
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1 (3) To establish and maintain a roster of all employees
2 subject to this Act, in which there shall be set forth, as to
3 each employee, the class, title, pay, status, and other
4 pertinent data.
5 (4) To appoint, subject to the provisions of this Act,
6 such employees of the Department and such experts and special
7 assistants as may be necessary to carry out effectively this
8 law.
9 (5) Subject to such exemptions or modifications as may
10 be necessary to assure the continuity of federal
11 contributions in those agencies supported in whole or in part
12 by federal funds, to make appointments to vacancies; to
13 approve all written charges seeking discharge, demotion, or
14 other disciplinary measures provided in this Act and to
15 approve transfers of employees from one geographical area to
16 another in the State, in offices, positions or places of
17 employment covered by this Act, after consultation with the
18 operating unit.
19 (6) To formulate and administer service wide policies
20 and programs for the improvement of employee effectiveness,
21 including training, safety, health, incentive recognition,
22 counseling, welfare and employee relations. The Department
23 shall formulate and administer recruitment plans and testing
24 of potential employees for agencies having direct contact
25 with significant numbers of non-English speaking or otherwise
26 culturally distinct persons. The Department shall require
27 each State agency to annually assess the need for employees
28 with appropriate bilingual capabilities to serve the
29 significant numbers of non-English speaking or culturally
30 distinct persons. The Department shall develop a uniform
31 procedure for assessing an agency's need for employees with
32 appropriate bilingual capabilities. Agencies shall establish
33 occupational titles or designate positions as "bilingual
34 option" for persons having sufficient linguistic ability or
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1 cultural knowledge to be able to render effective service to
2 such persons. The Department shall ensure that any such
3 option is exercised according to the agency's needs
4 assessment and the requirements of this Code. The Department
5 shall make annual reports of the needs assessment of each
6 agency and the number of positions calling for non-English
7 linguistic ability to whom vacancy postings were sent, and
8 the number filled by each agency. Such policies and programs
9 shall be subject to approval by the Governor. Such policies,
10 program reports and needs assessment reports shall be filed
11 with the General Assembly by January 1 of each year and shall
12 be available to the public.
13 The Department shall include within the report required
14 above the number of persons receiving the bilingual pay
15 supplement established by Section 8a.2 of this Code. The
16 report shall provide the number of persons receiving the
17 bilingual pay supplement for languages other than English and
18 for signing. The report shall also indicate the number of
19 persons, by the categories of Hispanic and non-Hispanic, who
20 are receiving the bilingual pay supplement for language
21 skills other than signing, in a language other than English.
22 (7) To conduct negotiations affecting pay, hours of
23 work, or other working conditions of employees subject to
24 this Act.
25 (8) To make continuing studies to improve the efficiency
26 of State services to the residents of Illinois, including but
27 not limited to those who are non-English speaking or
28 culturally distinct, and to report his findings and
29 recommendations to the Commission and the Governor.
30 (9) To investigate from time to time the operation and
31 effect of this law and the rules made thereunder and to
32 report his findings and recommendations to the Commission and
33 to the Governor.
34 (10) To make an annual report regarding the work of the
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1 Department, and such special reports as he may consider
2 desirable, to the Commission and to the Governor, or as the
3 Governor or Commission may request.
4 (11) To conduct research and planning regarding the
5 total manpower needs of all offices, including the Lieutenant
6 Governor, Secretary of State, State Treasurer, State
7 Comptroller, State Superintendent of Education, and Attorney
8 General, and of all departments, agencies, boards, and
9 commissions of the executive branch, except state-supported
10 colleges and universities, and for that purpose to prescribe
11 forms for the reporting of such personnel information as the
12 department may request both for positions covered by this Act
13 and for those exempt in whole or in part.
14 (12) To prepare and publish a semi-annual statement
15 showing the number of employees exempt and non-exempt from
16 merit selection in each department. This report shall be in
17 addition to other information on merit selection maintained
18 for public information under existing law.
19 (13) To authorize in every department or agency subject
20 to Jurisdiction C the use of flexible hours positions. A
21 flexible hours position is one that does not require an
22 ordinary work schedule as determined by the Department and
23 includes but is not limited to: 1) a part time job of 20
24 hours or more per week, 2) a job which is shared by 2
25 employees or a compressed work week consisting of an ordinary
26 number of working hours performed on fewer than the number of
27 days ordinarily required to perform that job. The Department
28 may define flexible time to include other types of jobs that
29 are defined above.
30 The Director and the director of each department or
31 agency shall together establish goals for flexible hours
32 positions to be available in every department or agency.
33 The Department shall give technical assistance to
34 departments and agencies in achieving their goals, and shall
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1 report to the Governor and the General Assembly each year on
2 the progress of each department and agency.
3 When a goal of 10% of the positions in a department or
4 agency being available on a flexible hours basis has been
5 reached, the Department shall evaluate the effectiveness and
6 efficiency of the program and determine whether to expand the
7 number of positions available for flexible hours to 20%.
8 When a goal of 20% of the positions in a department or
9 agency being available on a flexible hours basis has been
10 reached, the Department shall evaluate the effectiveness and
11 efficiency of the program and determine whether to expand the
12 number of positions available for flexible hours.
13 Each department shall develop a plan for implementation
14 of flexible work requirements designed to reduce the need for
15 day care of employees' children outside the home. Each
16 department shall submit a report of its plan to the
17 Department of Central Management Services and the General
18 Assembly. This report shall be submitted biennially by March
19 1, with the first report due March 1, 1993.
20 (14) To perform any other lawful acts which he may
21 consider necessary or desirable to carry out the purposes and
22 provisions of this law.
23 The requirement for reporting to the General Assembly
24 shall be satisfied by filing copies of the report with the
25 Speaker, the Minority Leader and the Clerk of the House of
26 Representatives and the President, the Minority Leader and
27 the Secretary of the Senate and the Legislative Research
28 Agency Unit, as required by Section 3.1 of "An Act to revise
29 the law in relation to the General Assembly", approved
30 February 25, 1874, as amended, and filing such additional
31 copies with the State Government Report Distribution Center
32 for the General Assembly as is required under paragraph (t)
33 of Section 7 of the State Library Act.
34 (Source: P.A. 86-1004; 87-552; 87-1050.)
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1 Section 5-20. The Civil Administrative Code of Illinois
2 is amended by changing Sections 46.4a and 46.44 as follows:
3 (20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
4 Sec. 46.4a. (a) For purposes of this Section, "foreign
5 firm" shall mean any industrial or manufacturing enterprise
6 that is domiciled in a nation other than the United States.
7 "Incentives" shall mean a loan or grant or offering,
8 abatement, reduction or deferral of any tax or regulation
9 imposed by the State of Illinois or unit of local government
10 when the aggregate total of all such incentives will exceed
11 $10,000.
12 (b) Whenever the Department offers incentives to a
13 foreign firm designed to result in the location or relocation
14 of a facility in this State which will result in the creation
15 of more than 25 new jobs, the Department shall prepare an
16 economic impact study prior to the consummation of an
17 agreement with the foreign firm. An economic impact study
18 pursuant to this Section shall, if practical, include but
19 not be limited to the following:
20 (1) an analysis of the number of direct jobs to be
21 created, the number of indirect jobs to be created, and the
22 net gain in employment in relation to jobs to be potentially
23 lost by other similar and competing firms within the industry
24 located within this State;
25 (2) the effect on local and regional competition within
26 the industry from the industry or business to be located or
27 relocated;
28 (3) the degree of economic benefits of awarding the same
29 incentives to similar and existing industries or businesses
30 located within the State;
31 (4) an examination of how the location or relocation of
32 the foreign firm complements existing industries or
33 businesses located within this State; and
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1 (5) the relationship of the fiscal costs to the State or
2 unit of local government resulting from the incentives
3 relative to the fiscal return to the State or units of local
4 government derived from the location or relocation of the
5 firm.
6 (c) A report of any economic impact studies prepared by
7 the Department in the previous 3 months pursuant to this
8 Section shall be transmitted to the Governor, members of the
9 General Assembly and the Legislative Research Agency Illinois
10 Economic and Fiscal Commission quarterly. In addition to the
11 report, the Department shall include a statement of
12 incentives subject to the agreement with the foreign firm,
13 the name and type of foreign firm involved and a description
14 of its business or industrial activity, the proposed location
15 of the foreign firm and a statement describing the rationale
16 for the location relative to other locations within the
17 State. The Legislative Research Agency Illinois Economic and
18 Fiscal Commission shall evaluate each report received from
19 the Department and present the evaluation and report to the
20 Legislative Research Agency Commission members and
21 legislative leaders within thirty days upon receipt of each
22 report from the Department.
23 (Source: P.A. 86-820.)
24 (20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
25 Sec. 46.44. By no later than February 1, 1984, the
26 Department shall prepare an economic development strategy for
27 Illinois for the year beginning on July 1, 1984 and ending on
28 June 30, 1985, and for the four years next ensuing. By no
29 later than February 1, 1985 and annually thereafter, the
30 Department shall make modifications in such economic
31 development strategy for the four years beginning on the next
32 ensuing July 1 as such modifications are warranted by changes
33 in economic conditions, or by other factors including changes
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1 in policy, shall prepare an economic development strategy for
2 the fifth year beginning after the next ensuing July 1. In
3 preparing such strategy and in making modifications to such
4 strategy, the Department shall take cognizance of the special
5 economic attributes of the various component areas of the
6 State.
7 (1) The "component areas" shall be determined by the
8 Department after a county by county economic analysis and
9 shall group counties which are close in geographical
10 proximity and share common economic traits.
11 (2) The strategy shall recommend specific legislative
12 and administrative action at both the State and area level
13 for promoting sustained economic growth at or above national
14 rates of economic growth, while keeping the rate of
15 unemployment below national levels of unemployment.
16 (3) The strategy shall include:
17 (a) an assessment of historical patterns of economic
18 activity for the State as a whole and by area;
19 (b) projections of future economic trends for the State
20 as a whole and by areas; and
21 (c) projections of the State's future educational needs.
22 (4) National economic trends and projections shall be
23 considered in the formulation of such State and area
24 projections. All assumptions made in the formulation of such
25 State and area projections shall be clearly and explicitly
26 set forth.
27 (5) The strategy shall identify, for each area those
28 economic characteristics that most likely will influence
29 whether the area will exceed or fall below the rate of
30 overall State economic growth.
31 (6) The strategy shall recommend legislative action to
32 be taken to foster and promote economic growth in specific
33 areas, taking into account the resources and economic factors
34 indigenous to such areas in preparing the strategy or
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1 modifications thereto, the Department shall consult with
2 State agencies, boards, and commissions whose programs and
3 activities significantly affect economic activity in the
4 State. The heads of such agencies, boards, and commissions
5 shall provide such assistance to the Department as the
6 Governor deems appropriate.
7 (7) The strategy shall be presented to the Governor, the
8 President of the Senate, the Speaker of the House of
9 Representatives, the minority leader of each house of the
10 General Assembly, the chairman of the Commission on
11 Intergovernmental Cooperation, the chairman of the
12 Legislative Research Agency Economic and Fiscal Commission,
13 and the chairman of the Economic Development Commission on
14 February 1, 1984 and annually thereafter.
15 (Source: P.A. 85-439.)
16 Section 5-25. The Illinois Enterprise Zone Act is
17 amended by changing Section 5.5 as follows:
18 (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
19 Sec. 5.5. High Impact Business.
20 (a) In order to respond to unique opportunities to
21 assist in the encouragement, development, growth and
22 expansion of the private sector through large scale
23 investment and development projects, the Department is
24 authorized to receive and approve applications for the
25 designation of "High Impact Businesses" in Illinois subject
26 to the following conditions:
27 (1) such applications may be submitted at any time
28 during the year;
29 (2) such business is not located, at the time of
30 designation, in an enterprise zone designated pursuant to
31 this Act;
32 (3) the business intends to make a minimum
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1 investment of $12,000,000 which will be placed in service
2 in qualified property and intends to create 500 full-time
3 equivalent jobs at a designated location in Illinois or
4 intends to make a minimum investment of $30,000,000 which
5 will be placed in service in qualified property and
6 intends to retain 1,500 full-time jobs at a designated
7 location in Illinois. The business must certify in
8 writing that the investments would not be placed in
9 service in qualified property and the job creation or job
10 retention would not occur without the tax credits and
11 exemptions set forth in subsection (b) of this Section.
12 The terms "placed in service" and "qualified property"
13 have the same meanings as described in subsection (h) of
14 Section 201 of the Illinois Income Tax Act; and
15 (4) no later than 90 days after an application is
16 submitted, the Department shall notify the applicant of
17 the Department's determination of the qualification of
18 the proposed High Impact Business under this Section.
19 (b) Businesses designated as High Impact Businesses
20 pursuant to this Section shall qualify for the credits and
21 exemptions described in the following Acts: Section 9-222 of
22 The Public Utilities Act, subsection (h) of Section 201 of
23 the Illinois Income Tax Act; and, Section 1d of the
24 Retailers' Occupation Tax Act, provided that these credits
25 and exemptions described in these Acts shall not be
26 authorized until the minimum investments set forth in
27 subsection (a) of this Section have been placed in service in
28 qualified properties and, in the case of the exemptions
29 described in the Public Utilities Act and Section 1d of the
30 Retailers' Occupation Tax Act, the minimum full-time
31 equivalent jobs or full-time jobs set forth in subsection (a)
32 of this Section have been created or retained. Businesses
33 designated as High Impact Businesses under this Section shall
34 also qualify for the exemption described in Section 5l of the
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1 Retailers' Occupation Tax Act. The credit provided in
2 subsection (h) of Section 201 of the Illinois Income Tax Act
3 shall be applicable to investments in qualified property as
4 set forth in subsection (a) of this Section.
5 (c) High Impact Businesses located in federally
6 designated foreign trade zones or sub-zones are also eligible
7 for additional credits, exemptions and deductions as
8 described in the following Acts: Section 9-221 of the Public
9 Utilities Act; and subsection (g) of Section 201, and Section
10 203 of the Illinois Income Tax Act.
11 (d) Existing Illinois businesses which apply for
12 designation as a High Impact Business must provide the
13 Department with the prospective plan for which 1,500
14 full-time jobs would be eliminated in the event that the
15 business is not designated.
16 (e) New proposed facilities which apply for designation
17 as High Impact Business must provide the Department with
18 proof of alternative non-Illinois sites which would receive
19 the proposed investment and job creation in the event that
20 the business is not designated as a High Impact Business.
21 (f) In the event that a business is designated a High
22 Impact Business and it is later determined after reasonable
23 notice and an opportunity for a hearing as provided under The
24 Illinois Administrative Procedure Act, that the business
25 would have placed in service in qualified property the
26 investments and created or retained the requisite number of
27 jobs without the benefits of the High Impact Business
28 designation, the Department shall be required to immediately
29 revoke the designation and notify the Director of the
30 Department of Revenue who shall begin proceedings to recover
31 all wrongfully exempted State taxes with interest. The
32 business shall also be ineligible for all State funded
33 Department programs for a period of 10 years.
34 (g) The Department shall revoke a High Impact Business
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1 designation if the participating business fails to comply
2 with the terms and conditions of the designation.
3 (h) Prior to designating a business, the Department
4 shall provide the members of the General Assembly and
5 Legislative Research Agency Illinois Economic and Fiscal
6 Commission with a report setting forth the terms and
7 conditions of the designation and guarantees that have been
8 received by the Department in relation to the proposed
9 business being designated.
10 (Source: P.A. 89-89, eff. 6-30-95.)
11 Section 5-30. The Civil Administrative Code of Illinois
12 is amended by changing Section 39b51 as follows:
13 (20 ILCS 2505/39b51)
14 Sec. 39b51. Jobs Impact Committee and report. With
15 respect to the credits provided for by Sections 209 and 210
16 of the Illinois Income Tax Act, Section 3-50 of the Use Tax
17 Act, Section 2 of the Service Use Tax Act, Section 2 of the
18 Service Occupation Tax Act, and Section 2-45 of the
19 Retailers' Occupation Tax Act, there is hereby created a Jobs
20 Impact Committee which shall consist of the Director of the
21 Department of Revenue or such person or persons as he may
22 designate, and such representative or representatives as
23 shall be designated to serve on the Committee by the
24 Department of Commerce and Community Affairs, the Bureau of
25 the Budget, and the Legislative Research Agency Economic and
26 Fiscal Commission. The Committee, so assembled, shall invite
27 and appoint 2 members of the businesses that are eligible for
28 the credits provided by those Sections. The Committee shall
29 study the use and effectiveness of these credits with regard
30 to job creation relative to the revenue loss to the State
31 from the provision of these credits. The Director of the
32 Department of Revenue shall, on behalf of the Committee,
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1 submit the Committee's report to the General Assembly on or
2 before June 30, 1998.
3 (Source: P.A. 90-552, eff. 12-12-97.)
4 Section 5-35. The Bureau of the Budget Act is amended by
5 changing Sections 2.6 and 5.1 as follows:
6 (20 ILCS 3005/2.6) (from Ch. 127, par. 412.6)
7 Sec. 2.6. To provide bond indentures to the Legislative
8 Research Agency Illinois Economic and Fiscal Commission no
9 later than 7 calendar days following the sale or issuance of
10 any bonds.
11 (Source: P.A. 81-1094.)
12 (20 ILCS 3005/5.1) (from Ch. 127, par. 415)
13 Sec. 5.1. Under such regulations as the Governor may
14 prescribe, every State agency, other than State colleges and
15 universities, agencies of legislative and judicial branches
16 of State government, and elected State executive officers not
17 including the Governor, shall file with the Legislative
18 Research Agency Illinois Commission on Intergovernmental
19 Cooperation all applications for federal grants, contracts
20 and agreements. The Legislative Research Agency Commission on
21 Intergovernmental Cooperation shall immediately forward all
22 such materials to the Bureau for the Bureau's approval. Any
23 application for federal funds which has not received Bureau
24 approval shall be considered void and any funds received as a
25 result of such application shall be returned to the federal
26 government before they are spent. Each State agency subject
27 to this Section shall, at least 45 days before submitting its
28 application to the federal agency, report in detail to the
29 Legislative Research Agency Commission on Intergovernmental
30 Cooperation what the grant is intended to accomplish and the
31 specific plans for spending the federal dollars received
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1 pursuant to the grant. The Legislative Research Agency
2 Commission on Intergovernmental Cooperation shall immediately
3 forward such materials to the Bureau. The Bureau may approve
4 the submission of an application to the federal agency in
5 less than 45 days after its receipt by the Bureau when the
6 Bureau determines that the circumstances require an expedited
7 application. Such reports of applications and plans of
8 expenditure shall include but shall not be limited to:
9 (1) an estimate of both the direct and indirect costs in
10 non-federal revenues of participation in the federal program;
11 (2) the probable length of duration of the program, a
12 schedule of fund receipts and an estimate of the cost to the
13 State of maintaining the program if and when the federal
14 financial assistance or grant is terminated;
15 (3) a list of State or local agencies utilizing the
16 financial assistance as direct recipients or subgrantees;
17 (4) a description of each program proposed to be funded
18 by the financial assistance or grant; and
19 (5) a description of any financial, program or planning
20 commitment on the part of the State required by the federal
21 government as a requirement for receipt of the financial
22 assistance or grant.
23 All State agencies subject to this Section shall
24 immediately file with the Legislative Research Agency
25 Illinois Commission on Intergovernmental Cooperation, any
26 awards of federal funds and any and all changes in the
27 programs, in awards, in program duration, in schedule of fund
28 receipts, and in estimated costs to the State of maintaining
29 the program if and when federal assistance is terminated, or
30 in direct and indirect costs, of any grant under which they
31 are or expect to be receiving federal funds. The Legislative
32 Research Agency Commission on Intergovernmental Cooperation
33 shall immediately forward such materials to the Bureau.
34 The Bureau in cooperation with the Legislative Research
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1 Agency Commission on Intergovernmental Cooperation shall
2 develop standard forms and a system of identifying numbers
3 for the applications and reports required by this Section.
4 Upon receipt from the State agencies of each application and
5 report, the Legislative Research Agency Commission shall
6 promptly designate the appropriate identifying number
7 therefor and communicate such number to the respective State
8 agency, the Comptroller and the Bureau.
9 Each State agency subject to this Section shall include
10 in each report to the Comptroller of the receipt of federal
11 funds the identifying number applicable to the grant under
12 which such funds are received.
13 (Source: P.A. 87-961.)
14 Section 5-40. The Illinois Capital Budget Act is amended
15 by changing Sections 3 and 6 as follows:
16 (20 ILCS 3010/3) (from Ch. 127, par. 3103)
17 Sec. 3. Each capital improvement program shall include,
18 but not be limited to, roads, bridges, buildings, including
19 schools, prisons, recreational facilities and conservation
20 areas, and other infrastructure facilities that are owned by
21 the State of Illinois.
22 Each capital improvement program shall include needs
23 assessment of State's capital facilities. Each needs
24 assessment shall include where possible the inventory, age,
25 condition, use, sources of financing, past investment,
26 maintenance history, trends in condition, financing and
27 investment, and projected dollar amount of need in the next 5
28 years, ten years, and until the year 2000. Needs assessment
29 of State facilities shall use to the fullest extent possible,
30 existing studies and data from other agencies such as the
31 Illinois Department of Transportation, the Illinois
32 Environmental Protection Agency, the Legislative Research
-32- LRB9010542JMdv
1 Agency Illinois Economic and Fiscal Commission, Capital
2 Development Board, the Governor's Task Force on the Future of
3 Illinois, and relevant federal agencies, so that studies can
4 be completed as efficiently as possible, and so information
5 on needs can be used to seek federal funds as soon as
6 possible.
7 Each capital improvement program shall include an
8 identification and analysis of factors that affect estimated
9 capital investment needs, including but not limited to,
10 economic assumptions, engineering standards, estimates of
11 spending for operations and maintenance, federal and State
12 regulations, and estimation of demand for services.
13 Each capital improvement program shall include an
14 identification and analysis of the principle policy issues
15 that affect estimated capital investment needs, including but
16 not limited to, economic development policy, equity
17 considerations, policies regarding alternative technologies,
18 political jurisdiction over different infrastructure systems,
19 and the role of the private sector in planning for and
20 investing in infrastructure.
21 (Source: P.A. 84-838.)
22 (20 ILCS 3010/6) (from Ch. 127, par. 3106)
23 Sec. 6. The Bureau of the Budget shall prepare and
24 submit an assessment of the State's capital project needs to
25 the following: the Speaker and Minority Leader of the House
26 of Representatives, the President and Minority Leader of the
27 Senate and the Legislative Research Agency Illinois Economic
28 and Fiscal Commission. The assessment shall be included in
29 the Governor's annual State budget and shall discuss the
30 State's needs in the next fiscal year and in the next 5
31 fiscal years.
32 (Source: P.A. 86-192.)
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1 Section 5-45. The Asbestos Abatement Finance Act is
2 amended by changing Section 10 as follows:
3 (20 ILCS 3510/10) (from Ch. 111 1/2, par. 8110)
4 Sec. 10. Authority records and reports. The accounts and
5 books of the Authority in connection with this Act shall be
6 set up on and maintained in a manner approved by the Auditor
7 General, and the Authority shall file with the Auditor
8 General a certified annual report of its acts and doings
9 under this Act within 120 days after the close of its fiscal
10 year. The Authority shall also file with the Governor, the
11 Secretary of the Senate, the Clerk of the House of
12 Representatives, and the Legislative Research Agency Illinois
13 Economic and Fiscal Commission, by March 1 of each year,
14 commencing March 1, 1990, a written report covering its
15 activities under this Act for the previous fiscal year. After
16 such filing, such report shall be a public record and open
17 for inspection at the offices of the Authority during normal
18 business hours.
19 (Source: P.A. 86-976.)
20 Section 5-50. The Illinois Environmental Facilities
21 Financing Act is amended by changing Section 7 as follows:
22 (20 ILCS 3515/7) (from Ch. 127, par. 727)
23 Sec. 7. Powers. In addition to the powers otherwise
24 authorized by law, for the purposes of this Act, the State
25 authority shall have the following powers together with all
26 powers incidental thereto or necessary for the performance
27 thereof:
28 (1) to have perpetual succession as a body politic and
29 corporate;
30 (2) to adopt bylaws for the regulation of its affairs
31 and the conduct of its business;
-34- LRB9010542JMdv
1 (3) to sue and be sued and to prosecute and defend
2 actions in the courts;
3 (4) to have and to use a corporate seal and to alter the
4 same at pleasure;
5 (5) to maintain an office at such place or places as it
6 may designate;
7 (6) to determine the location, pursuant to the
8 Environmental Protection Act, and the manner of construction
9 of any environmental or hazardous waste treatment facility to
10 be financed under this Act and to acquire, construct,
11 reconstruct, repair, alter, improve, extend, own, finance,
12 lease, sell and otherwise dispose of the facility, to enter
13 into contracts for any and all of such purposes, to designate
14 a person as its agent to determine the location and manner of
15 construction of an environmental or hazardous waste treatment
16 facility undertaken by such person under the provisions of
17 this Act and as agent of the authority to acquire, construct,
18 reconstruct, repair, alter, improve, extend, own, lease, sell
19 and otherwise dispose of the facility, and to enter into
20 contracts for any and all of such purposes;
21 (7) to finance and to lease or sell to a person any or
22 all of the environmental or hazardous waste treatment
23 facilities upon such terms and conditions as the directing
24 body considers proper, and to charge and collect rent or
25 other payments therefor and to terminate any such lease or
26 sales agreement or financing agreement upon the failure of
27 the lessee, purchaser or debtor to comply with any of the
28 obligations thereof; and to include in any such lease or
29 other agreement, if desired, provisions that the lessee,
30 purchaser or debtor thereunder shall have options to renew
31 the term of the lease, sales or other agreement for such
32 period or periods and at such rent or other consideration as
33 shall be determined by the directing body or to purchase any
34 or all of the environmental or hazardous waste treatment
-35- LRB9010542JMdv
1 facilities for a nominal amount or otherwise or that at or
2 prior to the payment of all of the indebtedness incurred by
3 the authority for the financing of such environmental or
4 hazardous waste treatment facilities the authority may convey
5 any or all of the environmental or hazardous waste treatment
6 facilities to the lessee or purchaser thereof with or without
7 consideration;
8 (8) to issue bonds for any of its corporate purposes,
9 including a bond issuance for the purpose of financing a
10 group of projects involving environmental facilities, and to
11 refund those bonds, all as provided for in this Act and
12 subject to Section 13 of this Act;
13 (9) generally to fix and revise from time to time and
14 charge and collect rates, rents, fees and charges for the use
15 of and services furnished or to be furnished by any
16 environmental or hazardous waste treatment facility or any
17 portion thereof and to contract with any person, firm or
18 corporation or other body public or private in respect
19 thereof;
20 (10) to employ consulting engineers, architects,
21 attorneys, accountants, construction and financial experts,
22 superintendents, managers and such other employees and agents
23 as may be necessary in its judgment and to fix their
24 compensation;
25 (11) to receive and accept from any public agency loans
26 or grants for or in aid of the construction of any
27 environmental facility and any portion thereof, or for
28 equipping the facility, and to receive and accept grants,
29 gifts or other contributions from any source;
30 (12) to refund outstanding obligations incurred by any
31 person to finance the cost of an environmental or hazardous
32 waste treatment facility including obligations incurred for
33 environmental or hazardous waste treatment facilities
34 undertaken and completed prior to or after the enactment of
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1 this Act when the authority finds that such financing is in
2 the public interest;
3 (13) to prohibit the financing of environmental
4 facilities for new coal-fired electric steam generating
5 plants and new coal-fired industrial boilers which do not use
6 Illinois coal as the primary source of fuel;
7 (14) to set and impose appropriate financial penalties
8 on any person who receives financing from the State authority
9 based on a commitment to use Illinois coal as the primary
10 source of fuel at a new coal-fired electric utility steam
11 generating plant or new coal-fired industrial boiler and
12 later uses non-Illinois coal as the primary source of fuel;
13 (15) to fix, determine, charge and collect any premiums,
14 fees, charges, costs and expenses, including, without
15 limitation, any application fees, program fees, commitment
16 fees, financing charges or publication fees in connection
17 with its activities under this Act; all expenses of the State
18 authority incurred in carrying out this Act are payable
19 solely from funds provided under the authority of this Act
20 and no liability shall be incurred by any authority beyond
21 the extent to which moneys are provided under this Act. All
22 fees and moneys accumulated by the Authority as provided in
23 this Act or the Illinois Development Finance Authority Act
24 shall be held outside of the State treasury and in the
25 custody of the Treasurer of the Authority; and
26 (16) to do all things necessary and convenient to carry
27 out the purposes of this Act.
28 The State authority may not operate any environmental or
29 hazardous waste treatment facility as a business except for
30 the purpose of protecting or maintaining such facility as
31 security for bonds of the State authority. No environmental
32 or hazardous waste treatment facilities completed prior to
33 January 1, 1970 may be financed by the State authority under
34 this Act, but additions and improvements to such
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1 environmental or hazardous waste treatment facilities which
2 are commenced subsequent to January 1, 1970 may be financed
3 by the State authority. Any lease, sales agreement or other
4 financing agreement in connection with an environmental or
5 hazardous waste treatment facility entered into pursuant to
6 this Act must be for a term not shorter than the longest
7 maturity of any bonds issued to finance such environmental or
8 hazardous waste treatment facility or a portion thereof and
9 must provide for rentals or other payments adequate to pay
10 the principal of and interest and premiums, if any, on such
11 bonds as the same fall due and to create and maintain such
12 reserves and accounts for depreciation, if any, as the
13 directing body determines to be necessary.
14 The Authority shall give priority to providing financing
15 for the establishment of hazardous waste treatment facilities
16 necessary to achieve the goals of Section 22.6 of the
17 Environmental Protection Act.
18 The Authority shall give special consideration to small
19 businesses in authorizing the issuance of bonds for the
20 financing of environmental facilities pursuant to subsection
21 (c) of Section 2.
22 The Authority shall make a financial report on all
23 projects financed under this Section to the General Assembly,
24 to the Governor, and to the Legislative Research Agency
25 Illinois Economic and Fiscal Commission by April 1 of each
26 year. Such report shall be a public record and open for
27 inspection at the offices of the Authority during normal
28 business hours. The report shall include: (a) all
29 applications for loans and other financial assistance
30 presented to the members of the Authority during such fiscal
31 year, (b) all projects and owners thereof which have received
32 any form of financial assistance from the Authority during
33 such year, (c) the nature and amount of all such assistance,
34 and (d) projected activities of the Authority for the next
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1 fiscal year, including projection of the total amount of
2 loans and other financial assistance anticipated and the
3 amount of revenue bonds or other evidences of indebtedness
4 that will be necessary to provide the projected level of
5 assistance during the next fiscal year.
6 The requirement for reporting to the General Assembly
7 shall be satisfied by filing copies of the report with the
8 Speaker, the Minority Leader and the Clerk of the House of
9 Representatives and the President, the Minority Leader and
10 the Secretary of the Senate and the Legislative Research
11 Agency Unit, as required by Section 3.1 of "An Act to revise
12 the law in relation to the General Assembly", approved
13 February 25, 1874, as amended, and filing such additional
14 copies with the State Government Report Distribution Center
15 for the General Assembly as is required under paragraph (t)
16 of Section 7 of the State Library Act.
17 (Source: P.A. 88-519.)
18 Section 5-55. The Illinois Farm Development Act is
19 amended by changing Section 5 as follows:
20 (20 ILCS 3605/5) (from Ch. 5, par. 1205)
21 Sec. 5. The Board shall annually elect, from its
22 membership, a chairman, vice-chairman, a treasurer, and a
23 secretary. The secretary shall be the keeper of the minutes,
24 books, records, files and seal of the Authority. The
25 treasurer of the Authority shall be custodian of all
26 Authority funds, and shall be bonded in such amount as the
27 other members of the Authority may designate. The accounts
28 and books of the Authority shall be set up and maintained in
29 a manner approved by the Auditor General, and the Authority
30 shall file with the Auditor General a certified annual report
31 within 120 days after the close of its fiscal year. The
32 Authority shall also file with the State Treasurer, the
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1 Secretary of the Senate, the Clerk of the House of
2 Representatives and the Legislative Research Agency Illinois
3 Economic and Fiscal Commission, by March 1 of each year, a
4 written report covering its activities for the previous
5 calendar year and, when so filed, such report shall be a
6 public record and open for inspection at the offices of the
7 Authority during normal business hours. The report shall
8 include a complete list of (a) all applications for mortgage
9 loans and other financial assistance presented to the
10 Authority during such calendar year, (b) all persons which
11 have received any form of financial assistance from the
12 Authority during such calendar year, (c) the nature and
13 amount of all such financial assistance, and (d) projected
14 activities of the Authority for the next calendar year,
15 including a projection of the total amount of mortgage loans
16 and other financial assistance anticipated and the amount of
17 revenue bonds or other evidences of indebtedness that will be
18 necessary to provide the projected level of assistance during
19 the next calendar year.
20 As soon as may be practicable after creation of the
21 Authority, the Board shall hold a meeting at which meeting
22 elective officers of the Board shall be elected, by-laws
23 adopted, and a schedule of regular meetings adopted.
24 The by-laws and schedule may be amended from time to time
25 at the will of the Board. Special meetings of the Board may
26 be called by the chairmen or any two members, and notice of
27 special meetings shall be given to members of the Board as
28 provided in the by-laws and otherwise as provided by law.
29 Members may waive notice and do so without further action by
30 being present at any meeting. Meetings of the Board shall be
31 subject to the acts of the General Assembly as generally
32 provide for meetings of public bodies to be open to the
33 public.
34 Initial operating staff and expenses of the Authority
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1 shall be provided by the State Treasurer from appropriations
2 lawfully made by the General Assembly. As soon as may be
3 practicable, the Board shall provide for its expenses and
4 payment of employees, including salaries and contractual
5 agreements, from its operations by such charges and fees or
6 from the proceeds of Bonds as it may decide or from
7 investment earnings from special funds which the Authority is
8 empowered to use and at such time, if practicable, shall
9 reimburse the State Treasurer for prior costs and payments.
10 (Source: P.A. 89-154, eff. 7-19-95.)
11 Section 5-60. The Illinois Health Facilities Authority
12 Act is amended by changing Section 20 as follows:
13 (20 ILCS 3705/20) (from Ch. 111 1/2, par. 1120)
14 Sec. 20. The Authority shall keep an accurate account of
15 all its activities and of all its receipts and expenditures
16 and shall annually in the month of January make a report
17 thereof to its members, to the Governor, the State
18 Comptroller, to the Clerk of the House of Representatives, to
19 the Secretary of the Senate, and the Legislative Research
20 Agency Illinois Economic and Fiscal Commission. Such report
21 shall be a public record and open for inspection at the
22 offices of the Authority during normal business hours. The
23 report shall include: (a) all applications for mortgages,
24 loans and other financial assistance presented to the members
25 of the Authority during such fiscal year, (b) all projects
26 and owners thereof which have received any form of financial
27 assistance from the Authority during such year, (c) the
28 nature and amount of all such assistance, and (d) projected
29 activities of the Authority for the next fiscal year,
30 including projection of the total amount of mortgage and
31 other financial assistance anticipated and the amount of
32 revenue bonds or other evidences of indebtedness that will be
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1 necessary to provide the projected level of assistance during
2 the next fiscal year. The Auditor General of the State of
3 Illinois may, according to the provisions of the Illinois
4 State Auditing Act, investigate the affairs of the Authority,
5 may examine the properties and records of the Authority, and
6 may prescribe methods of accounting and the rendering of
7 periodical reports in relation to projects undertaken by the
8 Authority.
9 (Source: P.A. 81-660.)
10 Section 5-65. The Illinois Housing Development Act is
11 amended by changing Section 5 as follows:
12 (20 ILCS 3805/5) (from Ch. 67 1/2, par. 305)
13 Sec. 5. The Governor shall designate the Chairman, from
14 time to time, and the Authority shall annually elect from its
15 membership a vice chairman a treasurer, and a secretary. The
16 Chairman shall be the chief executive officer of the
17 Authority. The secretary shall keep a record of the
18 proceedings of the Authority. The treasurer of the Authority
19 shall be custodian of all Authority funds, and shall be
20 bonded in such amount as the other members of the Authority
21 may designate. The accounts and books of the Authority shall
22 be set up and maintained in a manner approved by the Auditor
23 General, and the Authority shall file with the Auditor
24 General a certified annual report within 120 days after the
25 close of its fiscal year. The Authority shall also file with
26 the Governor, the Secretary of the Senate, the Clerk of the
27 House of Representatives and the Legislative Research Agency
28 Illinois Economic and Fiscal Commission, by March 1 of each
29 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 and, when
32 so filed, such report shall be a public record and open for
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1 inspection at the offices of the Authority during normal
2 business hours. The report shall include a complete list of
3 (a) all applications for mortgage loans and other financial
4 assistance regarding developments of more than four living
5 units presented to the members of the Authority during such
6 fiscal year, (b) all developments and housing related
7 commercial facilities and the owners thereof which have
8 received any form of financial assistance from the Authority
9 during such fiscal year, (c) the nature and amount of all
10 such financial assistance, (d) the dwelling unit distribution
11 and estimated rent structure for each development financed by
12 the Authority during such fiscal year, (e) projected
13 activities of the Authority for the next fiscal year,
14 including a projection of the total amount of mortgages and
15 other financial assistance anticipated and the amount of
16 revenue bonds or other evidences of indebtedness that will be
17 necessary to provide the projected level of assistance during
18 the next fiscal year, and (f) activities related to
19 allocation of low-income housing credits.
20 (Source: P.A. 85-612.)
21 Section 5-70. The Illinois Research Park Authority Act
22 is amended by changing Section 1-120 as follows:
23 (20 ILCS 3850/1-120)
24 Sec. 1-120. Annual report. The Authority shall keep an
25 accurate account of all its activities and of all its
26 receipts and expenditures and shall annually, in the month of
27 January, make a report thereof to its members, the Governor,
28 the State Comptroller, the Clerk of the House of
29 Representatives, the Secretary of the Senate, and the
30 Legislative Research Agency Illinois Economic and Fiscal
31 Commission. The report shall be a public record and open for
32 inspection at the offices of the Authority during normal
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1 business hours. The report shall include: (i) all
2 applications for financial assistance presented to the
3 Authority during the fiscal year, (ii) all projects and
4 owners thereof who have received any form of financial
5 assistance from the Authority during the year, (iii) the
6 nature and amount of all assistance, and (iv) projected
7 activities of the Authority for the next fiscal year,
8 including projection of the total amount of other financial
9 assistance anticipated and the amount of bonds or other
10 evidences of indebtedness that will be necessary to provide
11 the projected level of assistance during the next fiscal
12 year. The Auditor General of the State of Illinois may,
13 according to the provisions of the Illinois State Auditing
14 Act, investigate the affairs of the Authority, may examine
15 the properties and records of the Authority, and may
16 prescribe methods of accounting and the rendering of periodic
17 reports in relation to projects undertaken by the Authority.
18 (Source: P.A. 88-669, eff. 11-29-94.)
19 Section 5-75. The General Assembly Organization Act is
20 amended by changing Section 3.1 as follows:
21 (25 ILCS 5/3.1) (from Ch. 63, par. 3.1)
22 Sec. 3.1. Whenever any law or resolution requires a
23 report to the General Assembly, that reporting requirement
24 shall be satisfied by filing one copy of the report with each
25 of the following: the Speaker, the Minority Leader and the
26 Clerk of the House of Representatives and the President, the
27 Minority Leader and the Secretary of the Senate and the
28 Legislative Research Agency Unit. Additional copies shall be
29 filed with the State Government Report Distribution Center
30 for the General Assembly as required under paragraph (t) of
31 Section 7 of the State Library Act.
32 (Source: P.A. 83-1257.)
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1 Section 5-80. The State Debt Impact Note Act is amended
2 by changing Sections 3, 5, and 7 as follows:
3 (25 ILCS 65/3) (from Ch. 63, par. 42.73)
4 Sec. 3. The Legislative Research Agency Illinois
5 Economic and Fiscal Commission shall prepare a written State
6 Debt Impact Note in relation to any bill introduced in either
7 house of the General Assembly which proposes to increase or
8 add new long term debt authorization or would require,
9 through appropriation, the use of bond financed funds. Upon
10 the assignment of any such bill to Committee, the chairperson
11 of the Committee on Assignments in the House of
12 Representatives or the chairperson of the Committee on
13 Assignment of Bills in the Senate shall forward the bill to
14 the Legislative Research Agency Illinois Economic and Fiscal
15 Commission which shall prepare such a note within 7 calendar
16 days after receiving the request and the bill shall be held
17 on second reading until the note has been received, except
18 that whenever, because of the complexity of the measure,
19 additional time is required for preparation of the note, the
20 Legislative Research Agency Commission may so inform the
21 sponsor of the bill, who may approve an extension of the time
22 within which the note is to be furnished for an additional 7
23 calendar days. Copies of each State Debt Impact Note shall
24 be furnished by the Legislative Research Agency Commission to
25 the presiding officer of each house, the minority leader of
26 each house, the Clerk of the House of Representatives, the
27 Secretary of the Senate, the sponsor of the bill which is the
28 subject of the note, the member, if any, who initiated the
29 request for the note, the Chairperson and Minority
30 Spokespersons of the House and Senate Appropriations and
31 Revenue Committees.
32 (Source: P.A. 81-615.)
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1 (25 ILCS 65/5) (from Ch. 63, par. 42.75)
2 Sec. 5. The Legislative Research Agency Illinois
3 Economic and Fiscal Commission may include in any State Debt
4 Impact Note any comment or opinion which it deems appropriate
5 with regard to the fiscal and financial impact of the measure
6 for which the note is prepared.
7 (Source: P.A. 81-615.)
8 (25 ILCS 65/7) (from Ch. 63, par. 42.77)
9 Sec. 7. Whenever any committee of either house reports
10 any bill which is required by this Act to have a long-term
11 debt note with an amendment or whenever any bill is amended
12 on the floor of either house in such manner as to
13 substantially affect the impact of the bill on the State's
14 debt service capacity, the Legislative Research Agency
15 Illinois Economic and Fiscal Commission shall upon request by
16 any member of the house by which the bill is being considered
17 prepare a new or revised State Debt Impact Note in relation
18 to the amended bill. Copies of each new or revised State
19 Debt Impact Note shall be furnished to the persons named in
20 Section 2.
21 Whenever any member of either House is of the opinion
22 that a State Debt Impact Note should be prepared on any bill
23 and such note has not been requested, the member may at any
24 time before the bill is moved to third reading request that
25 such a note be obtained, in which case the bill shall be
26 submitted to the Legislative Research Agency Economic and
27 Fiscal Commission for preparation of the note. If the
28 sponsor is of the opinion that a long-term debt note is not
29 required, the matter shall be decided by majority vote of
30 those present and voting in the House of which he is a
31 member.
32 (Source: P.A. 81-615.)
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1 Section 5-85. The State Debt Impact Note Act is amended
2 by changing the title of the Act as follows:
3 (25 ILCS 65/Act title)
4 An Act in relation to the providing of information on the
5 State's long-term debt service requirements and to amend in
6 connection therewith Section 3 of "An Act assigning economic
7 and fiscal research duties to the Legislative Research Agency
8 creating the Illinois Economic and Fiscal Commission,
9 defining its powers and duties, making an appropriation
10 therefor, repealing an Act therein named, and providing for
11 the transfer of appropriations in connection therewith",
12 approved July 13, 1972, as amended.
13 Section 5-90. The Reports to Legislative Research Unit
14 Act is amended by changing Sections 0.01 and 1 as follows:
15 (25 ILCS 110/0.01) (from Ch. 63, par. 1050)
16 Sec. 0.01. Short title. This Act may be cited as the
17 Reports to Legislative Research Agency Unit Act.
18 (Source: P.A. 86-1324.)
19 (25 ILCS 110/1) (from Ch. 63, par. 1051)
20 Sec. 1. Reporting Appointments to Legislative Research
21 Agency Unit.
22 (a) As used in this Act, "separate or interagency board
23 or commission" includes any body in the legislative,
24 executive, or judicial branch of State government that
25 contains any members other than those serving in a single
26 State agency, and that is charged with policy-making or
27 licensing functions or with making recommendations regarding
28 such functions to any authority in State government. The
29 term also includes any body, regardless of its level of
30 government, to which any constitutional officer in the
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1 executive branch of State government makes an appointment.
2 The term does not include any body whose members are elected
3 by vote of the electors.
4 (b) Within 30 days after the effective date of this Act,
5 or within 30 days after the creation of any separate or
6 interagency board or commission, whichever is later, each
7 appointing authority for that board or commission shall make
8 an initial report in writing to the Legislative Research
9 Agency Unit. Each initial report shall contain the following
10 information:
11 (1) The name of the board or commission, and a complete
12 citation or copy of the statute, order, or other document
13 creating it.
14 (2) An address and telephone number, if any, that can be
15 used to communicate with the board or commission.
16 (3) For each person appointed by that appointing
17 authority to the board or commission whose latest term has
18 not expired: the name, mailing address, residence address,
19 Representative District of residence, date of appointment,
20 and expected expiration of latest term. At the request of
21 the appointee, the report may in lieu of the appointee's
22 residence address list the municipality, if any, and county
23 in which the appointee resides. If an appointment requires
24 confirmation, the report shall state the fact, and the
25 appointing authority shall report the confirmation as a
26 report of change under subsection (c). If the statute,
27 order, or other document creating the board or commission
28 imposes any qualification or background requirement on some
29 but not all members of the board or commission, the report
30 shall state which of such requirements each person appointed
31 fulfills.
32 (c) Each appointing authority for a separate or
33 interagency board or commission, within 15 days after any
34 change in the information required by subsection (b) to be
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1 reported that concerns an appointee of that authority, shall
2 report the change in writing to the Legislative Research
3 Agency Unit. Any such report concerning a new appointment
4 shall list the name of the previous appointee, if any, who
5 the new appointee replaces.
6 (Source: P.A. 86-591.)
7 Section 5-95. The Space Needs Act is amended by changing
8 Section 3.07 as follows:
9 (25 ILCS 125/3.07) (from Ch. 63, par. 223.07)
10 Sec. 3.07. To report to the General Assembly, by
11 February 1 of each regular session, the progress made since
12 the making of the last report in providing facilities
13 adequate for the needs of the legislative branch. Such a
14 report shall include a summary of the findings of the
15 Commission respecting the space needs of the legislative
16 branch, of the construction, remodeling or refurbishing done
17 to meet those needs, and of the Commission's recommendations
18 of further action necessary or desirable to meet those needs
19 and may include drafts of suggested legislation appropriate
20 for those purposes.
21 The requirement for reporting to the General Assembly
22 shall be satisfied by filing copies of the report with the
23 Speaker, the Minority Leader and the Clerk of the House of
24 Representatives and the President, the Minority Leader and
25 the Secretary of the Senate and the Legislative Research
26 Agency Unit, as required by Section 3.1 of "An Act to revise
27 the law in relation to the General Assembly", approved
28 February 25, 1874, as amended, and filing such additional
29 copies with the State Government Report Distribution Center
30 for the General Assembly as is required under paragraph (t)
31 of Section 7 of the State Library Act.
32 (Source: P.A. 84-1438.)
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1 Section 5-100. The Legislative Commission Reorganization
2 Act of 1984 is amended by changing Sections 1-3, 1-4, 3A-1,
3 4-2, 4-3, 4-4, 4-7, 4-9, 10-2, 10-3, 10-4, 10-5, 10-6, and
4 11A-2 and adding Section 3-5 as follows:
5 (25 ILCS 130/1-3) (from Ch. 63, par. 1001-3)
6 Sec. 1-3. Legislative support services agencies. The
7 Joint Committee on Legislative Support Services is
8 responsible for establishing general policy and coordinating
9 activities among the legislative support services agencies.
10 The legislative support services agencies include the
11 following:
12 (1) Joint Committee on Administrative Rules;
13 (2) Legislative Research Agency Illinois Economic and
14 Fiscal Commission;
15 (3) (Blank) Illinois Commission on Intergovernmental
16 Cooperation;
17 (4) Legislative Information System;
18 (5) Legislative Reference Bureau;
19 (6) Legislative Audit Commission;
20 (7) Space Needs Commission;
21 (8) Legislative Printing Unit;
22 (9) (Blank) Legislative Research Unit;
23 (10) Citizens Assembly; and
24 (11) Pension Laws Commission.
25 (Source: P.A. 89-113, eff. 7-7-95.)
26 (25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
27 Sec. 1-4. In addition to its general policy making and
28 coordinating responsibilities for the legislative support
29 services agencies, the Joint Committee on Legislative Support
30 Services shall have the following powers and duties with
31 respect to such agencies:
32 (1) To approve the executive director pursuant to
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1 Section 1-5(e);
2 (2) To establish uniform hiring practices and personnel
3 procedures, including affirmative action, to assure equality
4 of employment opportunity;
5 (3) To establish uniform contract procedures, including
6 affirmative action, to assure equality in the awarding of
7 contracts, and to maintain a list of all contracts entered
8 into;
9 (4) To establish uniform travel regulations and approve
10 all travel outside the State of Illinois;
11 (5) To coordinate all leases and rental of real
12 property;
13 (6) Except as otherwise expressly provided by law, to
14 coordinate and serve as the agency authorized to assign
15 studies to be performed by any legislative support services
16 agency. Any study requested by resolution or joint resolution
17 of either house of the General Assembly shall be subject to
18 the powers of the Joint Committee to allocate resources
19 available to the General Assembly hereunder; provided,
20 however, that nothing herein shall be construed to preclude
21 the participation by public members in such studies or
22 prohibit their reimbursement for reasonable and necessary
23 expenses in connection therewith;
24 (7) To make recommendations to the General Assembly
25 regarding the continuance of the various committees, boards
26 and commissions that are the subject of the statutory
27 provisions repealed March 31, 1985, under Article 11 of this
28 Act;
29 (8) To assist the Auditor General as necessary to assure
30 the orderly and efficient termination of the various
31 committees, boards and commissions that are subject to
32 Article 12 of this Act;
33 (9) To consider and make recommendations to the General
34 Assembly regarding further reorganization of the legislative
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1 support services agencies, and other legislative committees,
2 boards and commissions, as it may from time to time determine
3 to be necessary;
4 (10) To consider and recommend a comprehensive
5 transition plan for the legislative support services
6 agencies, including but not limited to issues such as the
7 consolidation of the organizational structure, centralization
8 or decentralization of staff, appropriate level of member
9 participation, guidelines for policy development, further
10 reductions which may be necessary, and measures which can be
11 taken to improve efficiency, and ensure accountability. To
12 assist in such recommendations the Joint Committee may
13 appoint an Advisory Group. Recommendations of the Joint
14 Committee shall be reported to the members of the General
15 Assembly no later than November 13, 1984. The requirement for
16 reporting to the General Assembly shall be satisfied by
17 filing copies of the report with the Speaker, the Minority
18 Leader and the Clerk of the House of Representatives and the
19 President, the Minority Leader and the Secretary of the
20 Senate and the Legislative Research Agency Unit, as required
21 by Section 3.1 of the General Assembly Organization Act, and
22 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; and
26 (11) To contract for the establishment of child care
27 services pursuant to the State Agency Employees Child Care
28 Services Act; and
29 (12) To use funds appropriated from the General Assembly
30 Computer Equipment Revolving Fund for the purchase of
31 computer equipment for the General Assembly and for related
32 expenses and for other operational purposes of the General
33 Assembly in accordance with Section 6 of the Legislative
34 Information System Act.
-52- LRB9010542JMdv
1 (Source: P.A. 88-85.)
2 (25 ILCS 130/3-5 new)
3 Sec. 3-5. Legislative Research Agency.
4 (a) The Legislative Research Agency is established as a
5 legislative support services agency. The Legislative
6 Research Agency is subject to the provisions of this Act and
7 shall perform the powers and duties delegated to it under
8 this Act and the Illinois Economic and Fiscal Act and other
9 functions as may be provided by law.
10 (b) The Legislative Research Agency shall perform those
11 powers and duties provided by law formerly performed by the
12 Illinois Economic and Fiscal Commission, the Commission on
13 Intergovernmental Cooperation, and the Legislative Research
14 Unit. Reference in this or other Acts to any of those
15 entities is a reference to the Legislative Research Agency.
16 (c) The Legislative Research Agency shall provide
17 quality research to all members of the General Assembly, the
18 standing committees of each house of the General Assembly,
19 and the staff of the standing committees and caucuses of each
20 house of the General Assembly. The Legislative Research
21 Agency's research capabilities shall include (i) areas
22 covered by all standing committees of each house of the
23 General Assembly, including those pertaining to the State
24 appropriation and budgeting process, and (ii) areas included
25 in special legislative commissions and projects of each house
26 of the General Assembly.
27 (25 ILCS 130/3A-1)
28 Sec. 3A-1. Pension Laws Commission.
29 (a) The Pension Laws Commission is hereby established as
30 a legislative support services agency. The Commission is
31 subject to the provisions of this Act. It shall have the
32 powers and perform the duties delegated to it under this Act,
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1 the Pension Impact Note Act, and the Illinois Pension Code
2 and shall perform any other functions that may be provided by
3 law.
4 (b) The Pension Laws Commission shall make a continuing
5 study of the laws and practices pertaining to pensions and
6 related retirement and disability benefits for persons in
7 State or local government service and their survivors and
8 dependents, shall evaluate existing laws and practices, and
9 shall review and make recommendations on proposed changes to
10 those laws and practices.
11 (c) The Commission shall be responsible for the
12 preparation of Pension Impact Notes as provided in the
13 Pension Impact Note Act.
14 (d) The Commission shall report to the General Assembly
15 annually or as it deems necessary or useful on the results of
16 its studies and the performance of its duties.
17 (e) The Commission may request assistance from any other
18 entity as necessary or useful for the performance of its
19 duties.
20 (f) The Legislative Research Agency Illinois Economic
21 and Fiscal Commission shall continue to perform the functions
22 and duties that are being transferred from it to the Pension
23 Laws Commission by this amendatory Act of 1995 until the
24 Pension Laws Commission has been appointed and funded and is
25 prepared to begin its operations.
26 (Source: P.A. 89-113, eff. 7-7-95; 90-14, eff. 7-1-97.)
27 (25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)
28 Sec. 4-2. It shall be a the function of the Legislative
29 Research Agency this Commission:
30 (1) To carry forward the participation of this State as
31 a member of the Council of State Governments.
32 (2) To encourage and assist the legislative, executive,
33 administrative and judicial officials and employees of this
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1 State to develop and maintain friendly contact by
2 correspondence, by conference, and otherwise, with officials
3 and employees of the other States, of the Federal Government,
4 and of local units of government.
5 (3) To endeavor to advance cooperation between this
6 State and other units of government whenever it seems
7 advisable to do so by formulating proposals for, and by
8 facilitating:
9 (a) The adoption of compacts.
10 (b) The enactment of uniform or reciprocal
11 statutes.
12 (c) The adoption of uniform or reciprocal
13 administrative rules and regulations.
14 (d) The informal cooperation of governmental
15 offices with one another.
16 (e) The personal cooperation of governmental
17 officials and employees with one another individually.
18 (f) The interchange and clearance of research and
19 information.
20 (g) Any other suitable process, and
21 (h) To do all such acts as will enable this State
22 to do its part in forming a more perfect union among the
23 various governments in the United States and in
24 developing the Council of State Governments for that
25 purpose.
26 (4) The Legislative Research Agency Commission is
27 established as the information center for the General
28 Assembly in the field of federal-state relations and as State
29 Central Information Reception Agency for the purpose of
30 receiving information from federal agencies under the United
31 States Office of Management and Budget circular A-98 and the
32 United States Department of the Treasury Circular TC-1082 or
33 any successor circulars promulgated under authority of the
34 United States Inter-governmental Cooperation Act of 1968. Its
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1 powers and duties in this capacity include, but are not
2 limited to:
3 (a) Compiling and maintaining current information
4 on available and pending federal aid programs for the use
5 of the General Assembly and legislative agencies;
6 (b) Analyzing the relationship of federal aid
7 programs with state and locally financed programs, and
8 assessing the impact of federal aid programs on the State
9 generally;
10 (c) Reporting annually to the General Assembly on
11 the adequacy of programs financed by federal aid in the
12 State, the types and nature of federal aid programs in
13 which State agencies or local governments did not
14 participate, and to make recommendations on such matters;
15 (d) Cooperating with The Illinois Bureau of the
16 Budget and with any State of Illinois offices located in
17 Washington, D. C., in obtaining information concerning
18 federal grant-in-aid legislation and proposals having an
19 impact on the State of Illinois;
20 (e) Cooperating with the Bureau of the Budget in
21 developing forms and identifying number systems for the
22 documentation of applications, awards, receipts and
23 expenditures of federal funds by State agencies;
24 (f) Receiving from every State agency, other than
25 State colleges and universities, agencies of legislative
26 and judicial branches of State government, and elected
27 State executive officers not including the Governor, all
28 applications for federal grants, contracts and agreements
29 and notification of any awards of federal funds and any
30 and all changes in the programs, in awards, in program
31 duration, in schedule of fund receipts, and in estimated
32 costs to the State of maintaining the program if and when
33 federal assistance is terminated, or in direct and
34 indirect costs, of any grant under which they are or
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1 expect to be receiving federal funds;
2 (g) Forwarding to the Bureau of the Budget all
3 documents received under paragraph (f) after assigning an
4 appropriate, State application identifier number to all
5 applications; and
6 (h) Reporting such information as is received
7 under subparagraph (f) to the President and Minority
8 Leader of the Senate and the Speaker and Minority Leader
9 of the House of Representatives and their respective
10 appropriation staffs and to any member of the General
11 Assembly on a monthly basis at the request of the member.
12 The State colleges and universities, the agencies of the
13 legislative and judicial branches of State government, and
14 the elected State executive officers, not including the
15 Governor, shall submit to the Legislative Research Agency
16 Commission, in a manner it prescribes prescribed by the
17 Commission, summaries of applications for federal funds filed
18 and grants of federal funds awarded.
19 (Source: P.A. 87-961.)
20 (25 ILCS 130/4-3) (from Ch. 63, par. 1004-3)
21 Sec. 4-3. The Legislative Research Agency Commission
22 shall establish such committees as it deems advisable, in
23 order that they may confer and formulate proposals concerning
24 effective means to secure intergovernmental harmony, and may
25 perform other functions for the Legislative Research Agency
26 Commission in obedience to its decision. Subject to the
27 approval of the Legislative Research Agency Commission, the
28 member or members of each such committee shall be appointed
29 by the Chairman of the Legislative Research Agency
30 Commission. State officials or employees who are not members
31 of the Legislative Research Agency Commission on
32 Intergovernmental Cooperation may be appointed as members of
33 any such committee, but private citizens holding no
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1 governmental position in this State shall not be eligible.
2 The Legislative Research Agency Commission may provide such
3 other rules as it considers appropriate concerning the
4 membership and the functioning of any such committee. The
5 Legislative Research Agency Commission may provide for
6 advisory boards for itself and for its various committees,
7 and may authorize private citizens to serve on such boards.
8 (Source: P.A. 83-1257.)
9 (25 ILCS 130/4-4) (from Ch. 63, par. 1004-4)
10 Sec. 4-4. The General Assembly finds that the most
11 efficient and productive use of federal block grant funds can
12 be achieved through the coordinated efforts of the
13 Legislature, the Executive, State and local agencies and
14 private citizens. Such coordination is possible through the
15 creation of an Advisory Committee on Block Grants empowered
16 to review, analyze and make recommendations through the
17 Legislative Research Agency Commission to the General
18 Assembly and the Governor on the use of federally funded
19 block grants.
20 The Legislative Research Agency Commission shall
21 establish an Advisory Committee on Block Grants. The primary
22 purpose of the Advisory Committee shall be the oversight of
23 the distribution and use of federal block grant funds.
24 The Advisory Committee shall consist of 4 public members
25 appointed by the Joint Committee on Legislative Support
26 Services and the members of the Legislative Research Agency
27 Commission. A chairperson shall be chosen by the members of
28 the Advisory Committee.
29 (Source: P.A. 83-1257.)
30 (25 ILCS 130/4-7) (from Ch. 63, par. 1004-7)
31 Sec. 4-7. The Legislative Research Agency Commission
32 shall report to the Governor and to the Legislature within
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1 fifteen days after the convening of each General Assembly,
2 and at such other time as it deems appropriate. The members
3 of all committees which it establishes shall serve without
4 compensation for such service, but they shall be paid their
5 necessary expenses in carrying out their obligations under
6 this Act. The Legislative Research Agency Commission may by
7 contributions to the Council of State Governments,
8 participate with other states in maintaining the said
9 Council's district and central secretariats, and its other
10 governmental services.
11 The requirement for reporting to the General Assembly
12 shall be satisfied by filing copies of the report with the
13 Speaker, the Minority Leader and the Clerk of the House of
14 Representatives and the President, the Minority Leader and
15 the Secretary of the Senate and the Legislative Research
16 Unit, as required by Section 3.1 of "An Act to revise the law
17 in relation to the General Assembly", approved February 25,
18 1874, as amended, and filing such additional copies with the
19 State Government Report Distribution Center for the General
20 Assembly as is required under paragraph (t) of Section 7 of
21 the State Library Act.
22 (Source: P.A. 83-1257.)
23 (25 ILCS 130/4-9) (from Ch. 63, par. 1004-9)
24 Sec. 4-9. (a) There is hereby created the
25 Intergovernmental Cooperation Conference Fund, hereinafter
26 called the "Fund". The Fund shall be outside the State
27 treasury, but the State Treasurer shall act as ex-officio
28 custodian of the Fund.
29 (b) The Legislative Research Agency Commission may
30 charge and collect fees from participants at conferences held
31 in connection with the Legislative Research Agency's
32 Commission's exercise of its powers and duties. The fees
33 shall be charged in an amount calculated to cover the cost of
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1 the conferences and shall be deposited in the Fund.
2 (c) Monies in the Fund shall be used to pay the costs of
3 the conferences. As soon as may be practicable after the
4 close of business on June 30 of each year, the Legislative
5 Research Agency Commission shall notify the Comptroller of
6 the amount remaining in the Fund which is not necessary to
7 pay the expenses of conferences held during the expiring
8 fiscal year. Such amount shall be transferred by the
9 Comptroller and the Treasurer from the Fund to the General
10 Revenue Fund. If, during any fiscal year, the monies in the
11 Fund are insufficient to pay the costs of conferences held
12 during that fiscal year, the difference shall be paid from
13 other monies which may be available to the Legislative
14 Research Agency Commission.
15 (Source: P.A. 85-491.)
16 (25 ILCS 130/10-2) (from Ch. 63, par. 1010-2)
17 Sec. 10-2. The Legislative Research Agency Unit shall
18 collect information concerning the government and general
19 welfare of the State, examine the effects of constitutional
20 provisions and previously enacted statutes, consider
21 important issues of public policy and questions of state-wide
22 interest, and perform research and provide information as may
23 be requested by the members of the General Assembly, as
24 provided in Section 3-5, or as the Joint Committee on
25 Legislative Support Services considers necessary or
26 desirable.
27 The Legislative Research Agency Unit shall maintain an
28 up-to-date computerized record of the information required to
29 be reported to it by Section 1 of "An Act concerning State
30 boards and commissions and amending a named Act", enacted by
31 the 86th General Assembly, which information shall be a
32 public record under The Freedom of Information Act. The
33 Legislative Research Agency Unit may prescribe forms for
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1 making initial reports and reports of change under that
2 Section, and may request information to verify compliance
3 with that Section.
4 (Source: P.A. 86-591.)
5 (25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
6 Sec. 10-3. The Legislative Research Agency Unit may
7 administer a legislative staff internship program in
8 cooperation with a university in the state designated by the
9 Legislative Research Agency Unit. For the purpose of advising
10 in the administration of such a program, there is created a
11 sponsoring committee for legislative staff internships
12 consisting of the chairman of the Legislative Research Agency
13 Unit or a member designated by him, the President of the
14 Senate or a Senator designated by him, the Speaker of the
15 House of Representatives or a Representative designated by
16 him, the Minority Leader of the Senate or a Senator
17 designated by him, and the Minority Leader of the House of
18 Representatives or a Representative designated by him, as
19 plenary members, and as associate members, one person from
20 the academic staff of each university designated by the
21 Legislative Research Agency Unit as a cooperating university
22 and agreeing to cooperate, such person to be appointed by the
23 ranking academic official of such university. Until the
24 Legislative Research Agency Unit, by resolution, determines
25 otherwise, such cooperating universities are Northwestern
26 University, Illinois Institute of Technology, University of
27 Chicago, University of Illinois, Roosevelt University,
28 Western Illinois University, Loyola University of Chicago,
29 Southern Illinois University, DePaul University, Eastern
30 Illinois University, Northern Illinois University, Sangamon
31 State University, and Illinois State University. Associate
32 members shall serve at the pleasure of their respective
33 appointing authorities. Members of the sponsoring committee
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1 shall serve without compensation, but shall be reimbursed for
2 necessary expenses in connection with the performance of
3 their duties.
4 (Source: P.A. 83-1257.)
5 (25 ILCS 130/10-4) (from Ch. 63, par. 1010-4)
6 Sec. 10-4. The Legislative Research Agency Unit, upon the
7 recommendation of the sponsoring committee, shall recruit,
8 select, appoint, fix the stipends of, and assign interns to
9 appropriate officers and agencies of the General Assembly for
10 the pursuit of education, study or research. Such persons
11 shall be appointed for internships not to exceed 12 months.
12 (Source: P.A. 83-1257.)
13 (25 ILCS 130/10-5) (from Ch. 63, par. 1010-5)
14 Sec. 10-5. The Legislative Research Agency Unit may
15 accept monetary gifts or grants from a charitable foundation
16 or from a professional association or from other reputable
17 sources for the operation of a legislative staff internship
18 program. Such gifts and grants may be held in trust by the
19 Legislative Research Agency Unit and expended for operating
20 the program. Expenses of operating the program may also be
21 paid out of funds appropriated to the Legislative Research
22 Agency Unit or to the General Assembly, its officers,
23 committees or agencies.
24 (Source: P.A. 83-1257.)
25 (25 ILCS 130/10-6) (from Ch. 63, par. 1010-6)
26 Sec. 10-6. Each month the Legislative Research Agency
27 Unit shall prepare and provide to each member of the General
28 Assembly abstracts and indexes of reports filed with it as
29 reports to the General Assembly. With such abstracts and
30 indexes the Legislative Research Agency Unit shall include a
31 convenient form by which each member of the General Assembly
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1 may request, from the State Government Report Distribution
2 Center in the State Library, copies of such reports as the
3 member may wish to receive. For the purpose of receiving
4 reports filed under this Section the Legislative Research
5 Agency Unit shall succeed to the powers and duties formerly
6 exercised by the Legislative Council.
7 (Source: P.A. 83-1257.)
8 (25 ILCS 130/11A-2) (from Ch. 63, par. 1011A-2)
9 Sec. 11A-2. (a) There are hereby created 7 Citizens
10 Advocacy Councils, to be known as:
11 (1) The Citizens Council on Children;
12 (2) The Citizens Council on Economic Development;
13 (3) The Citizens Council on Energy Resources;
14 (4) The Citizens Council on Mental Health and
15 Developmental Disabilities;
16 (5) The Citizens Council on Public Aid;
17 (6) The Citizens Council on School Problems; and
18 (7) The Citizens Council on Women.
19 (b) Each citizens council shall consist of 16 members,
20 of whom four shall be appointed by the Speaker of the House
21 of Representatives, four shall be appointed by the Minority
22 Leader of the House of Representatives, four shall be
23 appointed by the President of the Senate, and four shall be
24 appointed by the Minority Leader of the Senate. Each
25 appointing authority may appoint no more than two members of
26 the General Assembly to serve on each citizens council. All
27 appointments shall be in writing and filed with the Secretary
28 of State as a public record.
29 Any vacancy shall be filled by appointment in the same
30 manner as the original appointment. In the case of an
31 appointment of a member of the General Assembly, a vacancy
32 shall exist when a member no longer holds the elected
33 legislative office held at the time of the appointment.
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1 Members appointed other than to fill a vacancy shall be
2 appointed for a 2-year term. The term of all members,
3 whether appointed to fill a vacancy or otherwise, shall
4 expire on February 1 of each odd-numbered year.
5 The members of each citizens council shall elect, during
6 February of each odd-numbered year, two co-chairpersons and
7 such other officers as they deem necessary. The
8 co-chairpersons of a citizens council may not be members
9 appointed by the same legislative leader, or by leaders of
10 the same political party or of the same house of the General
11 Assembly. If members of any citizens council cannot agree on
12 two co-chairpersons by September 1, 1985, or by March 1 of
13 any subsequent odd-numbered year, they shall be selected from
14 among the members by the Joint Committee on Legislative
15 Support Services. Each citizens council shall conduct at
16 least four public hearings annually or more often upon the
17 call of the chair or any nine members. A quorum of a
18 citizens council shall consist of nine members.
19 Members of the citizens councils shall serve without
20 compensation, but shall be reimbursed for expenses incurred
21 in carrying out the duties of the citizens councils pursuant
22 to rules and regulations adopted by the Joint Committee on
23 Legislative Support Services for the legislative support
24 service agencies.
25 (c) Each citizens council shall oversee, direct and
26 approve all studies and responsibilities it assigns the
27 Citizens Assembly, including a review of federal legislation
28 and programs that pertain to its subject matter; provided,
29 however, that this shall not be construed to supersede the
30 authority granted the Citizens Assembly by law or rules and
31 regulations adopted by the Joint Committee on Legislative
32 Support Services.
33 (d) Each citizens council, upon completion of any study,
34 shall report its findings and recommendations to the General
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1 Assembly. The requirement for reporting to the General
2 Assembly shall be satisfied by filing copies of the report
3 with the Speaker, the Minority Leader and the Clerk of the
4 House of Representatives, and the President, the Minority
5 Leader and the Secretary of the Senate, and the Legislative
6 Research Agency Unit, as required by Section 3.1 of "An Act
7 to revise the law in relation to the General Assembly",
8 approved February 25, 1874, as amended, and filing such
9 additional copies with the State Government Report
10 Distribution Center for the General Assembly as may be
11 required under paragraph (t) of Section 7 of the State
12 Library Act.
13 (Source: P.A. 85-379.)
14 (25 ILCS 130/3-1 rep.)
15 (25 ILCS 130/4-1 rep.)
16 (25 ILCS 130/10-1 rep.)
17 Section 5-105. The Legislative Commission Reorganization
18 Act of 1984 is amended by repealing Sections 3-1, 4-1, and
19 10-1.
20 Section 5-110. The Legislative Reference Bureau Act is
21 amended by changing Section 5.02 as follows:
22 (25 ILCS 135/5.02) (from Ch. 63, par. 29.2)
23 Sec. 5.02. Legislative Synopsis and Digest.
24 (a) The Legislative Reference Bureau shall collect,
25 catalogue, classify, index, completely digest, topically
26 index, and summarize all bills, resolutions, and orders
27 introduced in each branch of the General Assembly, as well as
28 related amendments, conference committee reports, and veto
29 messages, as soon as practicable after they have been
30 printed.
31 (b) The Digest shall be published each week during the
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1 session of the General Assembly when practical.
2 (c) The Legislative Reference Bureau shall furnish,
3 without cost, 2 copies of the Digest to each member of the
4 General Assembly, 1 copy to each elected State officer in the
5 executive department, 40 copies to the Chief Clerk of the
6 House of Representatives and 30 copies to the Secretary of
7 the Senate for the use of the committee clerks and employees
8 of the respective offices, 15 copies to the Legislative
9 Research Agency Unit, and the number of copies requested in
10 writing by the President of the Senate, the Speaker of the
11 House, the Minority Leader of the Senate, and the Minority
12 Leader of the House.
13 (d) The Legislative Reference Bureau shall also furnish
14 to each county clerk, without cost, one copy of the Digest
15 for each 100,000 inhabitants or fraction thereof in his or
16 her county according to the last preceding federal decennial
17 census.
18 (e) Upon receipt of an application from any other
19 person, signed by the applicant and accompanied by the
20 payment of a fee of $55, the Legislative Reference Bureau
21 shall furnish to the applicant a copy of each Digest for the
22 calendar year issued after receipt of the application.
23 (Source: P.A. 87-918.)
24 Section 5-115. The Legislative Information System Act is
25 amended by changing Sections 5.05, 5.07, and 8 as follows:
26 (25 ILCS 145/5.05) (from Ch. 63, par. 42.15-5)
27 Sec. 5.05. To provide such technical services, computer
28 time, programming and systems, input-output devices and all
29 necessary, related equipment, supplies and services as are
30 required for data processing applications by the Legislative
31 Reference Bureau, the Legislative Research Agency Unit, the
32 Clerk of the House of Representatives and the Secretary of
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1 the Senate in performing their respective duties for the
2 General Assembly.
3 (Source: P.A. 84-1438.)
4 (25 ILCS 145/5.07) (from Ch. 63, par. 42.15-7)
5 Sec. 5.07. To make a biennial report to the General
6 Assembly, by April 1 of each odd-numbered year, summarizing
7 its accomplishments in the preceding 2 years and its
8 recommendations, including any proposed legislation it
9 considers necessary or desirable to effectuate the purposes
10 of this Act.
11 The requirement for reporting to the General Assembly
12 shall be satisfied by filing copies of the report with the
13 Speaker, the Minority Leader and the Clerk of the House of
14 Representatives and the President, the Minority Leader and
15 the Secretary of the Senate and the Legislative Research
16 Agency Unit, as required by Section 3.1 of "An Act to revise
17 the law in relation to the General Assembly", approved
18 February 25, 1874, as amended, and filing such additional
19 copies with the State Government Report Distribution Center
20 for the General Assembly as is required under paragraph (t)
21 of Section 7 of the State Library Act.
22 (Source: P.A. 84-1438.)
23 (25 ILCS 145/8) (from Ch. 63, par. 42.18)
24 Sec. 8. The System may utilize the services of an
25 advisory committee for conceptualization, design and
26 implementation of applications considered or adopted by the
27 System. The advisory committee shall be comprised of (a) 8
28 legislative staff assistants, 2 to be appointed by the
29 Speaker of the House of Representatives, 2 by the Minority
30 Leader thereof, 2 by the President of the Senate and 2 by the
31 Minority Leader thereof, but at least one of the appointments
32 by each legislative leader must be from the staff of
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1 legislative appropriation committees; (b) one professional
2 staff member from the Legislative Reference Bureau, appointed
3 by the Executive Director thereof and; one from the
4 Legislative Research Agency Unit, appointed by the Executive
5 Director thereof; and one from the Intergovernmental
6 Cooperation Commission, appointed by the Executive Director
7 thereof and (c) the Executive Director of the Legislative
8 Information System, who shall serve as temporary chairman of
9 the advisory committee until a permanent chairman is chosen
10 from among its members. Members of the advisory committee
11 shall have no vote on the Joint Committee.
12 (Source: P.A. 84-1438.)
13 Section 5-120. The Legislative Audit Commission Act is
14 amended by changing Section 3 as follows:
15 (25 ILCS 150/3) (from Ch. 63, par. 106)
16 Sec. 3. The Commission shall receive the reports of the
17 Auditor General and other financial statements and shall
18 determine what remedial measures, if any, are needed, and
19 whether special studies and investigations are necessary. If
20 the Commission shall deem such studies and investigations to
21 be necessary, the Commission may direct the Auditor General
22 to undertake such studies or investigations.
23 When a disagreement between the Audit Commission and an
24 agency under the Governor's jurisdiction arises in the
25 process of the Audit Commission's review of audit reports
26 relating to such agency, the Audit Commission shall promptly
27 advise the Governor of such areas of disagreement. The
28 Governor shall respond to the Audit Commission within a
29 reasonable period of time, and in no event later than 60
30 days, expressing his views concerning such areas of
31 disagreement and indicating the corrective action taken by
32 his office with reference thereto or, if no action is taken,
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1 indicating the reasons therefor.
2 The Audit Commission also promptly shall advise all other
3 responsible officials of the Executive, Judicial and
4 Legislative branches of the State government of areas of
5 disagreement arising in the process of the Commission's
6 review of their respective audit reports. With reference to
7 his particular office, each such responsible official shall
8 respond to the Audit Commission within a reasonable period of
9 time, and in no event later than 60 days, expressing his view
10 concerning such areas of disagreement and indicating the
11 corrective action taken with reference thereto or stating the
12 reasons that no action has been taken.
13 The Commission shall report its activities to the General
14 Assembly including such remedial measures as it deems to be
15 necessary. The report of the Commission shall be made to the
16 General Assembly not less often than annually and not later
17 than March 1 in each year.
18 The requirement for reporting to the General Assembly
19 shall be satisfied by filing copies of the report with the
20 Speaker, the Minority Leader and the Clerk of the House of
21 Representatives and the President, the Minority Leader and
22 the Secretary of the Senate and the Legislative Research
23 Agency Unit, as required by Section 3.1 of "An Act to revise
24 the law in relation to the General Assembly", approved
25 February 25, 1874, as amended, and filing such additional
26 copies with the State Government Report Distribution Center
27 for the General Assembly as is required under paragraph (t)
28 of Section 7 of the State Library Act.
29 In addition, the Commission has the powers and duties
30 provided for in the "Illinois State Auditing Act", enacted by
31 the 78th General Assembly, and, if the provisions of that Act
32 are conflict with those of this Act, that Act prevails.
33 (Source: P.A. 84-1438.)
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1 Section 5-125. The Illinois Economic and Fiscal
2 Commission Act is amended by changing Sections 2, 3, 4, 6,
3 and 6.2 as follows:
4 (25 ILCS 155/2) (from Ch. 63, par. 342)
5 Sec. 2. The Legislative Research Agency is referred to in
6 this Act as the Agency. Illinois Economic and Fiscal
7 Commission, hereafter in this Act referred to as the
8 Commission, is created and is established as a legislative
9 support services agency subject to the Legislative Commission
10 Reorganization Act of 1984.
11 (Source: P.A. 83-1257.)
12 (25 ILCS 155/3) (from Ch. 63, par. 343)
13 Sec. 3. The Agency Commission shall:
14 (1) Study from time to time and report to the General
15 Assembly on economic development and trends in the State.
16 (2) Make such special economic and fiscal studies as it
17 deems appropriate or desirable or as the General Assembly may
18 request.
19 (3) Based on its studies, recommend such State fiscal
20 and economic policies as it deems appropriate or desirable to
21 improve the functioning of State government and the economy
22 of the various regions within the State.
23 (4) Prepare annually a State economic report.
24 (5) Provide information for all appropriate legislative
25 organizations and personnel on economic trends in relation to
26 long range planning and budgeting.
27 (6) Study and make such recommendations as it deems
28 appropriate to the General Assembly on local and regional
29 economic and fiscal policy and on federal fiscal policy as it
30 may affect Illinois.
31 (7) Review capital expenditures, appropriations and
32 authorizations for both the State's general obligation and
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1 revenue bonding authorities. At the direction of the Agency
2 Commission, specific reviews may include economic feasibility
3 reviews of existing or proposed revenue bond projects to
4 determine the accuracy of the original estimate of useful
5 life of the projects, maintenance requirements and ability to
6 meet debt service requirements through their operating
7 expenses.
8 (8) Receive and review all executive agency and revenue
9 bonding authority annual and 3 year plans. The Agency
10 Commission shall prepare a consolidated review of these
11 plans, an updated assessment of current State agency capital
12 plans, a report on the outstanding and unissued bond
13 authorizations, an evaluation of the State's ability to
14 market further bond issues and shall submit them as the
15 "Legislative Capital Plan Analysis" to the House and Senate
16 Appropriations Committees at least once a year. The Agency
17 Commission shall annually submit to the General Assembly on
18 the first Wednesday of April a report on the State's
19 long-term capital needs, with particular emphasis upon and
20 detail of the 5-year period in the immediate future.
21 (9) Study and make recommendations it deems appropriate
22 to the General Assembly on State bond financing, bondability
23 guidelines, and debt management. At the direction of the
24 Agency Commission, specific studies and reviews may take into
25 consideration short and long-run implications of State
26 bonding and debt management policy.
27 (10) Comply with the provisions of the "State Debt
28 Impact Note Act" as now or hereafter amended.
29 (11) Comply with the provisions of the Pension Impact
30 Note Act, as now or hereafter amended.
31 The requirement for reporting to the General Assembly
32 shall be satisfied by filing copies of the report with the
33 Speaker, the Minority Leader and the Clerk of the House of
34 Representatives and the President, the Minority Leader and
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1 the Secretary of the Senate and the Legislative Research
2 Unit, as required by Section 3.1 of "An Act to revise the law
3 in relation to the General Assembly", approved February 25,
4 1874, as amended, and filing such additional copies with the
5 State Government Report Distribution Center for the General
6 Assembly as is required under paragraph (t) of Section 7 of
7 the State Library Act.
8 (Source: P.A. 86-192.)
9 (25 ILCS 155/4) (from Ch. 63, par. 344)
10 Sec. 4. (a) The Agency 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 Agency Commission shall issue a revised
17 and 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 Agency
25 Commission 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
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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 "An Act to
5 revise the law in relation to the General Assembly", approved
6 February 25, 1874, as amended, and filing such additional
7 copies with the State Government Report Distribution Center
8 for the General Assembly as is required under paragraph (t)
9 of Section 7 of the State Library Act.
10 (Source: P.A. 87-1142.)
11 (25 ILCS 155/6) (from Ch. 63, par. 346)
12 Sec. 6. All State officers and agencies shall render to
13 the Agency Commission any assistance that may be required by
14 the Agency Commission for the purpose of preparing its
15 reports and recommendations.
16 The Agency Commission shall, to the fullest extent
17 possible, utilize the services, facilities and information,
18 including statistical information, of other government
19 agencies and of private research agencies in order to avoid
20 duplication of effort and expense.
21 (Source: P.A. 77-2054.)
22 (25 ILCS 155/6.2) (from Ch. 63, par. 346.2)
23 Sec. 6.2. This Act shall be known and may be cited as the
24 Illinois Economic and Fiscal Commission Act.
25 (Source: P.A. 83-1257.)
26 Section 5-130. The Illinois Economic and Fiscal
27 Commission Act is amended by changing the title as follows:
28 (25 ILCS 155/Act title)
29 An Act assigning economic and fiscal research duties to
30 the Legislative Research Agency creating the Illinois
31 Economic and Fiscal Commission, defining its powers and
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1 duties, making an appropriation therefor, repealing an Act
2 therein named, and providing for the transfer of
3 appropriations in connection therewith.
4 Section 5-135. The Fiscal Control and Internal Auditing
5 Act is amended by changing Section 2004 as follows:
6 (30 ILCS 10/2004) (from Ch. 15, par. 2004)
7 Sec. 2004. Consultations by internal auditor. Each
8 chief internal auditor may consult with the Auditor General,
9 the Department of Central Management Services, the
10 Legislative Research Agency Economic and Fiscal Commission,
11 the appropriations committees of the General Assembly, the
12 Bureau of the Budget, or the Internal Audit Advisory Board on
13 matters affecting the duties or responsibilities of the chief
14 internal auditor under this Act.
15 (Source: P.A. 86-936.)
16 Section 5-140. The State Finance Act is amended by
17 changing Section 9 as follows:
18 (30 ILCS 105/9) (from Ch. 127, par. 145)
19 (Text of Section before amendment by P.A. 90-520)
20 Sec. 9. (a) No disbursements from appropriations shall
21 be made for rental or purchase of office or other space,
22 buildings or land, except in pursuance of a written lease or
23 purchase contract entered into by the proper State authority
24 and the owner or authorized agent of the property. Such lease
25 shall not exceed 5 years unless a greater term is authorized
26 by law, but such lease may contain a renewal clause subject
27 to acceptance by the State after that date or an option to
28 purchase. Such purchase contract may provide for the title to
29 the property to transfer immediately to the State or a
30 trustee or nominee for the benefit of the State and for the
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1 consideration to be paid in installments to be made at stated
2 intervals during a certain term not to exceed 30 years from
3 the date of the contract and may provide for the payment of
4 interest on the unpaid balance at a rate that does not exceed
5 a rate determined by adding 3 percentage points to the annual
6 yield on United States Treasury obligations of comparable
7 maturity as most recently published in the Wall Street
8 Journal at the time such contract is signed. Such lease or
9 purchase contract shall be and shall recite that it is
10 subject to termination and cancellation in any year for which
11 the General Assembly fails to make an appropriation to pay
12 the rent or purchase installments payable under the terms of
13 such lease or purchase contract. Additionally such purchase
14 contract shall specify that title to the office and storage
15 space, buildings, land and other facilities being acquired
16 under such a contract shall revert to the Seller in the event
17 of the failure of the General Assembly to appropriate
18 suitable funds. This limitation does not apply to leases for
19 office or other space, buildings, or land, where such leases
20 or purchase contracts contain a provision limiting the
21 liability for the payment of the rental or installments
22 thereunder solely to funds received from the Federal
23 Government. A copy of each such lease or purchase contract
24 shall be filed in the office of the Secretary of State within
25 15 days after execution.
26 (b) The State, through the Bureau of the Budget for real
27 property and improvements and personal property related
28 thereto, and through the Department of Central Management
29 Services for personal property, may issue or cause to be
30 issued certificates of participation or similar instruments
31 representing the right to receive a proportionate share in
32 lease-purchase or installment purchase payments to be made by
33 or for the benefit of one or more State agencies for the
34 acquisition or improvement of real or personal property, or
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1 refinancing of such property or payment of expenses related
2 to the issuance. The total principal amount of the
3 certificates issued pursuant to this Section for acquisition
4 of real property shall not exceed $125,000,000.
5 (1) Certificates may be issued if the State determines
6 that the use of certificates of participation is financially
7 desirable and in the best interest of the State. The State,
8 through the Bureau of the Budget for real property and
9 improvements and personal property related thereto, and
10 through the Department of Central Management Services for
11 personal property, may enter into arrangements for issuing,
12 securing, and marketing certificates of participation,
13 including agreements, trust indentures and other arrangements
14 necessary or desirable to carry out the foregoing, and any
15 reserve funds or other amounts securing the certificates may
16 be held and invested as provided in such agreements and trust
17 indentures.
18 (2) Certificates of participation or similar instruments
19 issued pursuant to this Section and the underlying
20 lease-purchase or installment purchase contracts shall not
21 constitute or create debt of the State as defined in the
22 Illinois Constitution, nor a contractual obligation in excess
23 of the amounts appropriated therefor, and the State shall
24 have no continuing obligation to appropriate money for said
25 payments or other obligations due under the lease-purchase or
26 installment purchase contracts; provided, however, that the
27 Governor shall include in the annual budget request to the
28 General Assembly for each relevant fiscal year appropriations
29 sufficient to permit payment of all amounts which will be due
30 and payable during the fiscal year with respect to
31 certificates of participation issued pursuant to this
32 Section.
33 (3) The Department of Central Management Services may
34 promulgate rules governing its issuance and conditions of use
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1 of certificates of participation and similar instruments.
2 (c) Amounts paid from appropriations for personal
3 service of any officer or employee of the State, either
4 temporary or regular, shall be considered as full payment for
5 all services rendered between the dates specified in the
6 payroll or other voucher and no additional sum shall be paid
7 to such officer or employee from any lump sum appropriation,
8 appropriation for extra help or other purpose or any
9 accumulated balances in specific appropriations, which
10 payments would constitute in fact an additional payment for
11 work already performed and for which remuneration had already
12 been made, except that wage payments made pursuant to the
13 application of the prevailing rate principle or based upon
14 the effective date of a collective bargaining agreement
15 between the State, or a State agency and an employee group,
16 or payment of funds as an adjustment to wages paid employees
17 or officers of the State for the purpose of correcting a
18 clerical or administrative error or oversight or pursuant to
19 a backpay order issued by an appropriate State or federal
20 administrative or judicial body or officer shall not be
21 construed as an additional payment for work already
22 performed.
23 (d) Disbursements from appropriations which are subject
24 to the approval or certification of the Department of Central
25 Management Services are subject to the following
26 restrictions.
27 Payments for personal service except for positions
28 specified in all appropriation Acts shall be made in
29 conformity with schedules and amendments thereto submitted by
30 the respective officers and approved by the Department of
31 Central Management Services before becoming effective. Such
32 schedules and amendments thereto may set up groups of
33 employment showing the approximate number to be employed,
34 with fixed or minimum and maximum salary rates.
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1 This Section is subject to the provisions of Section
2 9.02.
3 (Source: P.A. 86-11; 86-657; 86-1028.)
4 (Text of Section after amendment by P.A. 90-520)
5 Sec. 9. (a) No disbursements from appropriations shall
6 be made for rental or purchase of office or other space,
7 buildings or land, except in pursuance of a written lease or
8 purchase contract entered into by the proper State authority
9 and the owner or authorized agent of the property. Such lease
10 shall not exceed 5 years unless a greater term is authorized
11 by law, but such lease may contain a renewal clause subject
12 to acceptance by the State after that date or an option to
13 purchase. Such purchase contract may provide for the title to
14 the property to transfer immediately to the State or a
15 trustee or nominee for the benefit of the State and for the
16 consideration to be paid in installments to be made at stated
17 intervals during a certain term not to exceed 30 years from
18 the date of the contract and may provide for the payment of
19 interest on the unpaid balance at a rate that does not exceed
20 a rate determined by adding 3 percentage points to the annual
21 yield on United States Treasury obligations of comparable
22 maturity as most recently published in the Wall Street
23 Journal at the time such contract is signed. Such lease or
24 purchase contract shall be and shall recite that it is
25 subject to termination and cancellation in any year for which
26 the General Assembly fails to make an appropriation to pay
27 the rent or purchase installments payable under the terms of
28 such lease or purchase contract. Additionally such purchase
29 contract shall specify that title to the office and storage
30 space, buildings, land and other facilities being acquired
31 under such a contract shall revert to the Seller in the event
32 of the failure of the General Assembly to appropriate
33 suitable funds. This limitation does not apply to leases for
34 office or other space, buildings, or land, where such leases
-78- LRB9010542JMdv
1 or purchase contracts contain a provision limiting the
2 liability for the payment of the rental or installments
3 thereunder solely to funds received from the Federal
4 Government. A copy of each such lease or purchase contract
5 shall be filed in the office of the Secretary of State within
6 15 days after execution.
7 (b) The State, through the Bureau of the Budget for real
8 property and improvements and personal property related
9 thereto, and through the Department of Central Management
10 Services for personal property, may issue or cause to be
11 issued certificates of participation or similar instruments
12 representing the right to receive a proportionate share in
13 lease-purchase or installment purchase payments to be made by
14 or for the benefit of one or more State agencies for the
15 acquisition or improvement of real or personal property, or
16 refinancing of such property or payment of expenses related
17 to the issuance. The total principal amount of the
18 certificates issued or caused to be issued pursuant to this
19 Section for acquisition of real property shall not exceed
20 $125,000,000. Certificates issued or caused to be issued
21 pursuant to this Section shall mean certificates heretofore
22 or hereafter signed and delivered by the State or signed and
23 delivered by a trustee or fiscal agent pursuant to the
24 written direction of the State. Nothing in this Section
25 shall (i) prohibit or restrict the issuance of or affect the
26 validity or enforceability of certificates heretofore or
27 hereafter signed and delivered by any lessor or seller or an
28 assignee of either under a lease purchase or installment
29 purchase contract with the State or signed and delivered by a
30 trustee or fiscal agent pursuant to the written direction of
31 such lessor or seller or an assignee of either, or (ii)
32 affect the validity or enforceability of any such lease
33 purchase or installment purchase contract.
34 (1) Certificates may be issued or caused to be
-79- LRB9010542JMdv
1 issued pursuant to this Section if the Director of the
2 Bureau of the Budget determines that it is financially
3 desirable and in the best interest of the State to use
4 certificates of participation to finance or refinance
5 installment purchase or lease purchase contracts entered
6 into by State departments, agencies, or universities or
7 to refund or advance refund prior issuances of
8 certificates of participation or similar instruments
9 including certificates of participation issued under this
10 Section and certificates of participation issued before
11 the effective date of this amendatory Act of 1997. The
12 State, through the Bureau of the Budget for real property
13 and improvements and personal property related thereto,
14 and through the Department of Central Management Services
15 for personal property, may enter into arrangements for
16 issuing, securing, and marketing certificates of
17 participation, including agreements, trust indentures and
18 other arrangements necessary or desirable to carry out
19 the foregoing, and any reserve funds or other amounts
20 securing the certificates may be held and invested as
21 provided in such agreements and trust indentures.
22 (2) Certificates of participation or similar
23 instruments issued or caused to be issued pursuant to
24 this Section and the underlying lease purchase or
25 installment purchase contracts shall not constitute or
26 create debt of the State as defined in the Illinois
27 Constitution, nor a contractual obligation in excess of
28 the amounts appropriated therefor, and the State shall
29 have no continuing obligation to appropriate money for
30 said payments or other obligations due under the lease
31 purchase or installment purchase contracts; provided,
32 however, that the Governor shall include in the annual
33 budget request to the General Assembly for each relevant
34 fiscal year appropriations sufficient to permit payment
-80- LRB9010542JMdv
1 of all amounts which will be due and payable during the
2 fiscal year with respect to certificates of participation
3 issued or caused to be issued pursuant to this Section.
4 (3) The maximum term of certificates of
5 participation issued to finance personal property shall
6 be 10 years. The maximum term of certificates of
7 participation to finance the acquisition or improvement
8 of real property shall be 25 years. In no event,
9 however, shall the term exceed the expected useful life
10 of the property being financed, with the term calculated
11 from the date of delivery, with respect to personal
12 property, and the date of occupancy, with respect to real
13 property.
14 (4) Ten days before the issuance of certificates of
15 participation under this Section, the Director of the
16 Bureau of the Budget for real property and improvements
17 and personal property related thereto and the Department
18 of Central Management Services for personal property
19 shall transmit to the Executive Director of the
20 Legislative Research Agency Economic and Fiscal
21 Commission, to the Auditor General, to the President of
22 the Senate, the Minority Leader of the Senate, the
23 Speaker of the House of Representatives, and the Minority
24 Leader of the House of Representatives, to the Chairs of
25 the Appropriations Committees, and to the Secretary of
26 the Senate and Clerk of the House a notice providing the
27 following information pertaining to the property to be
28 financed by the certificates:
29 (1) The agency and program procuring the
30 property.
31 (2) A brief description of the property.
32 (3) The estimated cost of the property if
33 purchased outright.
34 (4) The estimated terms of the financings.
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1 (5) The estimated total lease or installment
2 purchase payments for property.
3 (6) The estimated lease or installment
4 purchase payments by fiscal year for the current
5 fiscal year and the next 5 fiscal years.
6 (7) The anticipated source of funds to make
7 lease or installment purchase payments.
8 (8) Those items not anticipated to be financed
9 upon enactment of the budget for the fiscal year.
10 A copy of the Preliminary Official Statement shall also
11 be transmitted to the Executive Director of the Legislative
12 Research Agency Economic and Fiscal Commission, to the
13 Auditor General, to the President of the Senate, the Minority
14 Leader of the Senate, the Speaker of the House of
15 Representatives, the Minority Leader of the House of
16 Representatives, to the Chairs of the Appropriations
17 Committees, and to the Secretary of the Senate and Clerk of
18 the House at the time it is submitted for publication. After
19 the issuance of the certificates, a copy of the final
20 official statement accompanying the issuance shall be filed
21 with the Legislative Research Agency Economic and Fiscal
22 Commission, with the Auditor General, with the President of
23 the Senate, the Minority Leader of the Senate, the Speaker of
24 the House of Representatives, and the Minority Leader of the
25 House of Representatives, with the Chairs of the
26 Appropriations Committees, and with the Secretary of the
27 Senate and Clerk of the House.
28 (5) The Bureau of the Budget may, based on a cost
29 benefit analysis, issue general obligation bonds to
30 finance or refinance installment purchase or lease
31 purchase contracts entered into by State departments,
32 agencies, or universities or to refund or advance refund
33 prior issuances of certificates of participation or
34 similar instruments, including certificates of
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1 participation issued under this Section and certificates
2 of participation issued before the effective date of this
3 amendatory Act of 1997.
4 (6) The Department of Central Management Services
5 may promulgate rules governing its issuance and
6 conditions of use of certificates of participation and
7 similar instruments.
8 (c) Amounts paid from appropriations for personal
9 service of any officer or employee of the State, either
10 temporary or regular, shall be considered as full payment for
11 all services rendered between the dates specified in the
12 payroll or other voucher and no additional sum shall be paid
13 to such officer or employee from any lump sum appropriation,
14 appropriation for extra help or other purpose or any
15 accumulated balances in specific appropriations, which
16 payments would constitute in fact an additional payment for
17 work already performed and for which remuneration had already
18 been made, except that wage payments made pursuant to the
19 application of the prevailing rate principle or based upon
20 the effective date of a collective bargaining agreement
21 between the State, or a State agency and an employee group,
22 or payment of funds as an adjustment to wages paid employees
23 or officers of the State for the purpose of correcting a
24 clerical or administrative error or oversight or pursuant to
25 a backpay order issued by an appropriate State or federal
26 administrative or judicial body or officer shall not be
27 construed as an additional payment for work already
28 performed.
29 (d) Disbursements from appropriations which are subject
30 to the approval or certification of the Department of Central
31 Management Services are subject to the following
32 restrictions.
33 Payments for personal service except for positions
34 specified in all appropriation Acts shall be made in
-83- LRB9010542JMdv
1 conformity with schedules and amendments thereto submitted by
2 the respective officers and approved by the Department of
3 Central Management Services before becoming effective. Such
4 schedules and amendments thereto may set up groups of
5 employment showing the approximate number to be employed,
6 with fixed or minimum and maximum salary rates.
7 This Section is subject to the provisions of Section
8 9.02.
9 (Source: P.A. 90-520, eff. 6-1-98.)
10 Section 5-145. The Metropolitan Civic Center Support Act
11 is amended by changing Section 6 as follows:
12 (30 ILCS 355/6) (from Ch. 85, par. 1396)
13 Sec. 6. Annual statements of assets and expenses and
14 annual audit reports shall be submitted to the Department and
15 to the Legislative Audit Commission by each Authority
16 receiving or having received State financial support. Each
17 Authority receiving or having received State financial
18 support shall prepare an annual operating plan which details
19 income and expenditures for the proposed budget year of the
20 Authority. This plan shall contain the appropriate detail
21 for the proposed budget year and a 3 year plan which will
22 justify the project's ability to meet financial obligations
23 by producing sufficient revenue and detailing depreciation
24 and maintenance requirements. Such annual operating plan
25 shall be submitted to the Department and to the Legislative
26 Research Agency Illinois Economic and Fiscal Commission no
27 later than January 15th of each year.
28 (Source: P.A. 84-245.)
29 Section 5-150. The State Mandates Act is amended by
30 changing Section 4 as follows:
-84- LRB9010542JMdv
1 (30 ILCS 805/4) (from Ch. 85, par. 2204)
2 (Text of Section before amendment by P.A. 90-372)
3 Sec. 4. Collection and maintenance of information
4 concerning state mandates.
5 (a) The Department of Commerce and Community Affairs,
6 hereafter referred to as the Department, shall be responsible
7 for:
8 (1) Collecting and maintaining information on State
9 mandates, including information required for effective
10 implementation of the provisions of this Act.
11 (2) Reviewing local government applications for
12 reimbursement submitted under this Act in cases in which
13 the General Assembly has appropriated funds to reimburse
14 local governments for costs associated with the
15 implementation of a State mandate. In cases in which
16 there is no appropriation for reimbursement, upon a
17 request for determination of a mandate by a unit of local
18 government, or more than one unit of local government
19 filing a single request, other than a school district or
20 a community college district, the Department shall
21 determine whether a Public Act constitutes a mandate and,
22 if so, the Statewide cost of implementation.
23 (3) Hearing complaints or suggestions from local
24 governments and other affected organizations as to
25 existing or proposed State mandates.
26 (4) Reporting each year to the Governor and the
27 General Assembly regarding the administration of
28 provisions of this Act and changes proposed to this Act.
29 The Legislative Research Agency Illinois Commission on
30 Intergovernmental Cooperation shall conduct semi-annual
31 public hearings to review the information collected and the
32 recommendations made by the Department under this subsection
33 (a). The Department shall cooperate fully with the
34 Legislative Research Agency Commission, providing any
-85- LRB9010542JMdv
1 information, supporting documentation and other assistance
2 required by the Legislative Research Agency Commission to
3 facilitate the conduct of the hearings.
4 (b) Within 2 years following the effective date of this
5 Act, the Department shall collect and tabulate relevant
6 information as to the nature and scope of each existing State
7 mandate, including but not necessarily limited to (i)
8 identity of type of local government and local government
9 agency or official to whom the mandate is directed; (ii)
10 whether or not an identifiable local direct cost is
11 necessitated by the mandate and the estimated annual amount;
12 (iii) extent of State financial participation, if any, in
13 meeting identifiable costs; (iv) State agency, if any,
14 charged with supervising the implementation of the mandate;
15 and (v) a brief description of the mandate and a citation of
16 its origin in statute or regulation.
17 (c) The resulting information from subsection (b) shall
18 be published in a catalog available to members of the General
19 Assembly, State and local officials, and interested citizens.
20 As new mandates are enacted they shall be added to the
21 catalog, and each January 31 the Department shall list each
22 new mandate enacted at the preceding session of the General
23 Assembly, and the estimated additional identifiable direct
24 costs, if any imposed upon local governments. A revised
25 version of the catalog shall be published every 2 years
26 beginning with the publication date of the first catalog.
27 (d) Failure of the General Assembly to appropriate
28 adequate funds for reimbursement as required by this Act
29 shall not relieve the Department of Commerce and Community
30 Affairs from its obligations under this Section.
31 (Source: P.A. 89-304, eff. 8-11-95.)
32 (Text of Section after amendment by P.A. 90-372)
33 Sec. 4. Collection and maintenance of information
34 concerning state mandates.
-86- LRB9010542JMdv
1 (a) The Department of Commerce and Community Affairs,
2 hereafter referred to as the Department, shall be responsible
3 for:
4 (1) Collecting and maintaining information on State
5 mandates, including information required for effective
6 implementation of the provisions of this Act.
7 (2) Reviewing local government applications for
8 reimbursement submitted under this Act in cases in which
9 the General Assembly has appropriated funds to reimburse
10 local governments for costs associated with the
11 implementation of a State mandate. In cases in which
12 there is no appropriation for reimbursement, upon a
13 request for determination of a mandate by a unit of local
14 government, or more than one unit of local government
15 filing a single request, other than a school district or
16 a community college district, the Department shall
17 determine whether a Public Act constitutes a mandate and,
18 if so, the Statewide cost of implementation.
19 (3) Hearing complaints or suggestions from local
20 governments and other affected organizations as to
21 existing or proposed State mandates.
22 (4) Reporting each year to the Governor and the
23 General Assembly regarding the administration of
24 provisions of this Act and changes proposed to this Act.
25 The Legislative Research Agency Illinois Commission on
26 Intergovernmental Cooperation shall conduct an annual public
27 hearing to review the information collected and the
28 recommendations made by the Department under this subsection
29 (a). The Department shall cooperate fully with the
30 Legislative Research Agency Commission, providing any
31 information, supporting documentation and other assistance
32 required by the Legislative Research Agency Commission to
33 facilitate the conduct of the hearing.
34 (b) Within 2 years following the effective date of this
-87- LRB9010542JMdv
1 Act, the Department shall collect and tabulate relevant
2 information as to the nature and scope of each existing State
3 mandate, including but not necessarily limited to (i)
4 identity of type of local government and local government
5 agency or official to whom the mandate is directed; (ii)
6 whether or not an identifiable local direct cost is
7 necessitated by the mandate and the estimated annual amount;
8 (iii) extent of State financial participation, if any, in
9 meeting identifiable costs; (iv) State agency, if any,
10 charged with supervising the implementation of the mandate;
11 and (v) a brief description of the mandate and a citation of
12 its origin in statute or regulation.
13 (c) The resulting information from subsection (b) shall
14 be published in a catalog available to members of the General
15 Assembly, State and local officials, and interested citizens.
16 As new mandates are enacted they shall be added to the
17 catalog, and each January 31 the Department shall list each
18 new mandate enacted at the preceding session of the General
19 Assembly, and the estimated additional identifiable direct
20 costs, if any imposed upon local governments. A revised
21 version of the catalog shall be published every 2 years
22 beginning with the publication date of the first catalog.
23 (d) Failure of the General Assembly to appropriate
24 adequate funds for reimbursement as required by this Act
25 shall not relieve the Department of Commerce and Community
26 Affairs from its obligations under this Section.
27 (Source: P.A. 89-304, eff. 8-11-95; 90-372, eff. 7-1-98.)
28 Section 5-155. The Illinois Pension Code is amended by
29 changing Sections 1-103.3, 15-158.3, and 22-1002 as follows:
30 (40 ILCS 5/1-103.3)
31 Sec. 1-103.3. Application of 1994 amendment; funding
32 standard.
-88- LRB9010542JMdv
1 (a) The provisions of this amendatory Act of 1994 that
2 change the method of calculating, certifying, and paying the
3 required State contributions to the retirement systems
4 established under Articles 2, 14, 15, 16, and 18 shall first
5 apply to the State contributions required for State fiscal
6 year 1996.
7 (b) The General Assembly declares that a funding ratio
8 (the ratio of a retirement system's total assets to its total
9 actuarial liabilities) of 90% is an appropriate goal for
10 State-funded retirement systems in Illinois, and it finds
11 that a funding ratio of 90% is now the generally-recognized
12 norm throughout the nation for public employee retirement
13 systems that are considered to be financially secure and
14 funded in an appropriate and responsible manner.
15 (c) Every 5 years, beginning in 1999, the Legislative
16 Research Agency Illinois Economic and Fiscal Commission, in
17 consultation with the affected retirement systems and the
18 Bureau of the Budget, shall consider and determine whether
19 the 90% funding ratio adopted in subsection (b) continues to
20 represent an appropriate goal for State-funded retirement
21 systems in Illinois, and it shall report its findings and
22 recommendations on this subject to the Governor and the
23 General Assembly.
24 (Source: P.A. 88-593, eff. 8-22-94.)
25 (40 ILCS 5/15-158.3)
26 Sec. 15-158.3. Reports on cost reduction; effect on
27 retirement at any age with 30 years of service.
28 (a) On or before November 15, 2001 and on or before
29 November 15th of each year thereafter, the Board shall have
30 the System's actuary prepare a report showing, on a fiscal
31 year by fiscal year basis, the actual rate of participation
32 in the optional retirement program authorized by Section
33 15-158.2, (i) by employees of the System's covered higher
-89- LRB9010542JMdv
1 educational institutions who were hired on or after the
2 implementation date of the optional retirement program and
3 (ii) by other System participants.
4 The actuary's report must also quantify the extent to
5 which employee optional retirement plan participation has
6 reduced the State's required contributions to the System,
7 expressed both in dollars and as a percentage of covered
8 payroll, in relation to what the State's contributions to the
9 System would have been (1) if the optional retirement program
10 had not been implemented, and (2) if 45% of employees of the
11 System's covered higher educational institutions who were
12 hired on or after the implementation date of the optional
13 retirement program had elected to participate in the optional
14 retirement program and 10% of other System participants had
15 transferred to the optional retirement program following its
16 implementation.
17 (b) On or before November 15th of 2001 and on or before
18 November 15th of each year thereafter, the Illinois Board of
19 Higher Education, in conjunction with the Bureau of the
20 Budget, shall prepare a report showing, on a fiscal year by
21 fiscal year basis, the amount by which the costs associated
22 with compensable sick leave have been reduced as a result of
23 the termination of compensable sick leave accrual on and
24 after January 1, 1998 by employees of higher education
25 institutions who are participants in the System.
26 (c) On or before November 15 of 2001 and on or before
27 November 15th of each year thereafter, the Department of
28 Central Management Services shall prepare a report showing,
29 on a fiscal year by fiscal year basis, the amount by which
30 the State's cost for health insurance coverage under the
31 State Employees Group Insurance Act of 1971 for retirees of
32 the State's universities and their survivors has declined as
33 a result of requiring some of those retirees and survivors to
34 contribute to the cost of their basic health insurance.
-90- LRB9010542JMdv
1 These year-by-year reductions in cost must be quantified both
2 in dollars and as a level percentage of payroll covered by
3 the System.
4 (d) The reports required under subsections (a), (b), and
5 (c) shall be disseminated to the Board, the Pension Laws
6 Commission, the Legislative Research Agency Illinois Economic
7 and Fiscal Commission, the Illinois Board of Higher
8 Education, and the Governor.
9 (e) The reports required under subsections (a), (b), and
10 (c) shall be taken into account by the Pension Laws
11 Commission in making any recommendation to extend by
12 legislation beyond December 31, 2002 the provision that
13 allows a System participant to retire at any age with 30 or
14 more years of service as authorized in Section 15-135. If
15 that provision is extended beyond December 31, 2002, and if
16 the most recent report under subsection (a) indicates that
17 actual State contributions to the System for the period
18 during which the optional retirement program has been in
19 operation have exceeded the projected State contributions
20 under the assumptions in clause (2) of subsection (a), then
21 any extension of the provision beyond December 31, 2002 must
22 require that the System's higher educational institutions and
23 agencies cover any funding deficiency through an annual
24 payment to the System out of appropriate resources of their
25 own.
26 (Source: P.A. 90-9, eff. 7-1-97.)
27 (40 ILCS 5/22-1002) (from Ch. 108 1/2, par. 22-1002)
28 Sec. 22-1002. Within 3 days of the Governor's submission
29 of the State Budget, the Director of the Bureau of the Budget
30 shall provide the Legislative Research Agency Illinois
31 Economic and Fiscal Commission and the Pension Laws
32 Commission with the recommendations for budgeted annual
33 appropriations for each system as specified in the Governor's
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1 budget recommendations.
2 (Source: P.A. 89-113, eff. 7-7-95.)
3 Section 5-160. The Midwestern Higher Education Compact
4 Act is amended by changing Section 2a as follows:
5 (45 ILCS 155/2a) (from Ch. 144, par. 2803)
6 Sec. 2a. The Legislative Research Agency Illinois
7 Commission on Intergovernmental Cooperation in order to
8 ensure the purposes of this Act as determined by Section 1,
9 shall in January of 1993 and each January thereafter report
10 to the Governor and General Assembly. This report shall
11 contain a program evaluation and recommendations as to the
12 advisability of the continued participation of Illinois in
13 the Midwestern Higher Education Compact.
14 (Source: P.A. 87-147.)
15 Section 5-165. The Quad Cities Regional Economic
16 Development Authority Act, approved September 22, 1987 is
17 amended by changing Section 6 as follows:
18 (70 ILCS 510/6) (from Ch. 85, par. 6206)
19 Sec. 6. Records and Reports of the Authority. The
20 secretary shall keep a record of the proceedings of the
21 Authority. The treasurer of the Authority shall be custodian
22 of all Authority funds, and shall be bonded in such amount as
23 the other members of the Authority may designate. The
24 accounts and bonds of the Authority shall be set up and
25 maintained in a manner approved by the Auditor General, and
26 the Authority shall file with the Auditor General a certified
27 annual report within 120 days after the close of its fiscal
28 year. The Authority shall also file with the Governor, the
29 Secretary of the Senate, the Clerk of the House of
30 Representatives, and the Legislative Research Agency Illinois
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1 Commission on Intergovernmental Cooperation, by March 1 of
2 each year, a written report covering its activities and any
3 activities of any instrumentality corporation established
4 pursuant to this Act for the previous fiscal year. In its
5 report to be filed by March 1, 1988, the Authority shall
6 present an economic development strategy for the Quad Cities
7 region for the year beginning July 1, 1988 and for the 4
8 years next ensuing. In each annual report thereafter, the
9 Authority shall make modifications in such economic
10 development strategy for the 4 years beginning on the next
11 ensuing July 1, to reflect changes in economic conditions or
12 other factors, including the policies of the Authority and
13 the State of Illinois. It also shall present an economic
14 development strategy for the fifth year beginning after the
15 next ensuing July 1. The strategy shall recommend specific
16 legislative and administrative action by the State, the
17 Authority, units of local government or other governmental
18 agencies. Such recommendations may include, but are not
19 limited to, new programs, modifications to existing programs,
20 credit enhancements for bonds issued by the Authority, and
21 amendments to this Act. When filed, such report shall be a
22 public record and open for inspection at the offices of the
23 Authority during normal business hours.
24 (Source: P.A. 85-713.)
25 Section 5-170. The Quad Cities Regional Economic
26 Development Authority Act, certified December 30, 1987 is
27 amended by changing Section 6 as follows:
28 (70 ILCS 515/6) (from Ch. 85, par. 6506)
29 Sec. 6. Records and Reports of the Authority. The
30 secretary shall keep a record of the proceedings of the
31 Authority. The treasurer of the Authority shall be custodian
32 of all Authority funds, and shall be bonded in such amount as
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1 the other members of the Authority may designate. The
2 accounts and bonds of the Authority shall be set up and
3 maintained in a manner approved by the Auditor General, and
4 the Authority shall file with the Auditor General a certified
5 annual report within 120 days after the close of its fiscal
6 year. The Authority shall also file with the Governor, the
7 Secretary of the Senate, the Clerk of the House of
8 Representatives, and the Legislative Research Agency Illinois
9 Commission on Intergovernmental Cooperation, by March 1 of
10 each year, a written report covering its activities and any
11 activities of any instrumentality corporation established
12 pursuant to this Act for the previous fiscal year. In its
13 report to be filed by March 1, 1988, the Authority shall
14 present an economic development strategy for the Quad Cities
15 region for the year beginning July 1, 1988 and for the 4
16 years next ensuing. In each annual report thereafter, the
17 Authority shall make modifications in such economic
18 development strategy for the 4 years beginning on the next
19 ensuing July 1, to reflect changes in economic conditions or
20 other factors, including the policies of the Authority and
21 the State of Illinois. It also shall present an economic
22 development strategy for the fifth year beginning after the
23 next ensuing July 1. The strategy shall recommend specific
24 legislative and administrative action by the State, the
25 Authority, units of local government or other governmental
26 agencies. Such recommendations may include, but are not
27 limited to, new programs, modifications to existing programs,
28 credit enhancements for bonds issued by the Authority, and
29 amendments to this Act. When filed, such report shall be a
30 public record and open for inspection at the offices of the
31 Authority during normal business hours.
32 (Source: P.A. 85-988.)
33 Section 5-175. The Illinois Sports Facilities Authority
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1 Act is amended by changing Section 18 as follows:
2 (70 ILCS 3205/18) (from Ch. 85, par. 6018)
3 Sec. 18. Records and Reports of the Authority. The
4 secretary shall keep a record of the proceedings of the
5 Authority. The treasurer of the Authority shall be custodian
6 of all Authority funds, and shall be bonded in such amount as
7 the other members of the Authority may designate. The
8 accounts and books of the Authority shall be set up and
9 maintained in a manner approved by the Auditor General, and
10 the Authority shall file with the Auditor General a certified
11 annual report within 120 days after the close of its fiscal
12 year. The Authority shall also file with the Governor, the
13 Secretary of the Senate, the Clerk of the House of
14 Representatives, the Legislative Research Agency Illinois
15 Economic and Fiscal Commission, by March 1 of each year, a
16 written report covering its activities for the previous
17 fiscal year and so filed, such report shall be a public
18 record and open for inspection at the offices of the
19 Authority during normal business hours.
20 (Source: P.A. 84-1470.)
21 Section 5-180. The Board of Higher Education Act is
22 amended by changing Section 9.11 as follows:
23 (110 ILCS 205/9.11) (from Ch. 144, par. 189.11)
24 Sec. 9.11. Effective January 1, 1980, to require the
25 preparation of an annual capital plan which details the
26 proposed budget year and 3 year capital needs of the Board of
27 Trustees of the University of Illinois, the Board of Trustees
28 of Southern Illinois University, the Board of Trustees of
29 Chicago State University, the Board of Trustees of Eastern
30 Illinois University, the Board of Trustees of Governors State
31 University, the Board of Trustees of Illinois State
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1 University, the Board of Trustees of Northeastern Illinois
2 University, the Board of Trustees of Northern Illinois
3 University, and the Board of Trustees of Western Illinois
4 University. Such plan shall detail capital expenditures to
5 finance revenue producing facilities through the issuance of
6 revenue bonds. This plan shall detail each project and the
7 project cost in current dollar amounts. The plan shall
8 contain the appropriate detail for the proposed budget year
9 and the 3 year plan which will justify the projects ability
10 to meet: the debt service requirements by producing
11 sufficient revenue, life expectancy and maintenance
12 requirements. Such annual capital plans shall be submitted to
13 the Legislative Research Agency Illinois Economic and Fiscal
14 Commission no later than March 15th of each year.
15 (Source: P.A. 89-4, eff. 1-1-96.)
16 Section 5-185. The Baccalaureate Savings Act is amended
17 by changing Section 11 as follows:
18 (110 ILCS 920/11) (from Ch. 144, par. 2411)
19 (Section scheduled to be repealed on July 1, 1998)
20 Sec. 11. (a) There is hereby created the Baccalaureate
21 Trust Authority. The Authority shall consist of 13 members,
22 8 of whom shall be appointed as follows: the Minority Leader
23 and Speaker of the House and the President and Minority
24 Leader of the Senate shall each appoint one, and the Governor
25 shall appoint 4. The Treasurer of the State, the Executive
26 Director of the Illinois Board of Higher Education, the
27 Executive Director of the Illinois Student Assistance
28 Commission, the Director of the Bureau of the Budget, and the
29 Director of the Legislative Research Agency Illinois Economic
30 and Fiscal Commission, or their respective designees shall
31 each be a member. The Governor and legislative leaders shall
32 give consideration to selecting members that include
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1 representatives from the following categories: a trustee,
2 director, officer, or employee of a private institution of
3 higher education; a person having a favorable reputation for
4 skill, knowledge and experience in the field of state and
5 municipal finance, either as a partner, officer or employee
6 of an investment banking firm which originates and purchases
7 state and municipal securities, or as an officer or employee
8 of an insurance company or bank whose duties relate to the
9 purchase of state and municipal securities as an investment
10 and to the management and control of a state and municipal
11 securities portfolio; and a person experienced in and having
12 a favorable reputation for skill, knowledge and experience in
13 the higher education loan finance field. The Board of Higher
14 Education representative shall serve as the chairman. The
15 appointed members of the Authority first appointed shall
16 serve for terms expiring on June 30 in 1989, 1990, 1991,
17 1992, 1993, 1994, 1995 and 1996, respectively, or until their
18 respective successors have been appointed and have qualified,
19 the initial term of each such member to be determined by lot.
20 Upon the expiration of the term of any member his successor
21 shall be appointed for a term of 6 years and until his
22 successor has been appointed and has qualified. Any vacancy
23 shall be filled in the manner of the original appointment for
24 the remainder of the unexpired term. Any member of the
25 Authority may be removed by the appointing authority for
26 misfeasance, malfeasance or wilful neglect of duty or other
27 cause after notice and a public hearing unless such notice
28 and hearing shall be expressly waived in writing. Members
29 shall be compensated for reasonable actual expenses from
30 funds appropriated to the Illinois Board of Higher Education.
31 Staff assistance shall be provided to the Authority by the
32 Illinois Board of Higher Education. The Authority shall meet
33 at least annually.
34 (b) The Authority shall have the following
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1 responsibilities:
2 (1) To make recommendations to the Bureau of the Budget
3 regarding the marketing of College Savings Bonds to ensure
4 their broad distribution throughout the State for educational
5 purposes;
6 (2) To advise the Bureau of the Budget on an effective
7 advertising campaign to inform the general public about
8 College Savings Bonds and their availability;
9 (3) To advise the Governor and the Director of the
10 Bureau of the Budget regarding the increments in which to
11 market the bonds and recommend maturity dates which will make
12 funds available to purchasers at the time when such funds are
13 needed for educational purposes;
14 (4) To advise the Illinois Student Assistance Commission
15 regarding additional financial incentives as provided in this
16 Act;
17 (5) To advise the Bureau of the Budget on limits that
18 may be imposed on the amount of College Savings Bonds that
19 may be purchased by individual households;
20 (6) To advise the Bureau of the Budget on the minimum
21 denominations to market the College Savings Bonds so that
22 they are affordable by individuals;
23 (7) To evaluate the feasibility of staggered or periodic
24 forms of payments for College Savings Bonds, and to advise
25 the Bureau of the Budget regarding such evaluation;
26 (8) After the initial sale of College Savings Bonds, to
27 assess the effectiveness of the program and recommend
28 constructive changes to the Bureau of the Budget regarding
29 future bond sales;
30 (9) To study and review alternative investment
31 instruments with respect to their suitability for a college
32 savings program;
33 (10) To make recommendations to the General Assembly
34 regarding statutory changes that it deems to be necessary or
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1 desirable.
2 (c) This Section is repealed on July 1, 1998.
3 (Source: P.A. 90-372, eff. 7-1-98.)
4 Section 5-190. The Illinois Educational Facilities
5 Authority Act is amended by changing Section 18 as follows:
6 (110 ILCS 1015/18) (from Ch. 144, par. 1318)
7 Sec. 18. The Authority shall keep an accurate account of
8 all its activities and of all its receipts and expenditures
9 and shall annually in the month of January make a report
10 thereof to its members, to the Governor, the State
11 Comptroller, the Clerk of the House of Representatives, the
12 Secretary of the Senate, and the Legislative Research Agency
13 Illinois Economic and Fiscal Commission. Such report shall
14 be a public record and open for inspection at the offices of
15 the Authority during normal business hours. The report shall
16 include: (a) all applications for mortgages, loans and other
17 financial assistance presented to the members of the
18 Authority during such fiscal year, (b) all projects and
19 owners thereof which have received any form of financial
20 assistance from the Authority during such year, (c) the
21 nature and amount of all such assistance, and (d) projected
22 activities of the Authority for the next fiscal year,
23 including projection of the total amount of mortgage and
24 other financial assistance anticipated and the amount of
25 revenue bonds or other evidences of indebtedness that will be
26 necessary to provide the projected level of assistance during
27 the next fiscal year. The Auditor General of the State of
28 Illinois may, according to the provisions of the Illinois
29 State Auditing Act, investigate the affairs of the Authority,
30 may examine the properties and records of the Authority, and
31 may prescribe methods of accounting and the rendering of
32 periodical reports in relation to projects undertaken by the
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1 Authority.
2 (Source: P.A. 81-660.)
3 Section 5-195. The Partnership for Long-Term Care Act is
4 amended by changing Section 50 as follows:
5 (320 ILCS 35/50) (from Ch. 23, par. 6801-50)
6 Sec. 50. Task force.
7 (a) An executive and legislative advisory task force
8 shall be created to provide advice and assistance in
9 designing and implementing the Partnership for Long-term Care
10 Program. The task force shall be composed of representatives,
11 designated by the director of each of the following agencies
12 or departments:
13 (1) The Department on Aging.
14 (2) The Department of Public Aid.
15 (3) (Blank).
16 (4) The Department of Insurance.
17 (5) The Department of Commerce and Community
18 Affairs.
19 (6) The Legislative Research Agency Unit.
20 (b) The task force shall consult with persons
21 knowledgeable of and concerned with long-term care,
22 including, but not limited to the following:
23 (1) Consumers.
24 (2) Health care providers.
25 (3) Representatives of long-term care insurance
26 companies and administrators of health care service plans
27 that cover long-term care services.
28 (4) Providers of long-term care.
29 (5) Private employers.
30 (6) Academic specialists in long-term care and
31 aging.
32 (7) Representatives of the public employees' and
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1 teachers' retirement systems.
2 (c) The task force shall be established, and its members
3 designated, not later than March 1, 1993. The task force
4 shall make recommendations to the Department on Aging
5 concerning the policy components of the program on or before
6 September 1, 1993.
7 (Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96;
8 90-14, eff. 7-1-97.)
9 Section 5-200. The Community Mental Health Task Force
10 Act is amended by changing Section 2 as follows:
11 (405 ILCS 60/2) (from Ch. 91 1/2, par. 1552)
12 Sec. 2. The Technical Task Force on Community Mental
13 Health Services shall consist of the following individuals:
14 The Director for the Bureau of the Budget or his assignee,
15 who shall be designated chairman; the Secretary of Human
16 Services, or a designee; the Executive Director of the
17 Legislative Research Agency Intergovernmental Cooperation
18 Commission, or a designee; the Executive Director of the
19 Citizens Assembly, or a designee; 4 members of the House of
20 Representatives to be appointed 2 each by the Speaker of the
21 House of Representatives and the Minority Leader of the House
22 of Representatives; and 4 members of the Senate to be
23 appointed 2 each by the President of the Senate and the
24 Minority Leader of the Senate.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 Section 5-205. The Community Mental Health Equity
27 Funding Act is amended by changing Section 25 as follows:
28 (405 ILCS 70/25) (from Ch. 91 1/2, par. 2051-25)
29 Sec. 25. Task Force appointment. The Technical Task
30 Force on Community Mental Health Service shall consist of the
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1 following individuals: the Director for the Bureau of the
2 Budget, who shall be designated chairman; the Secretary of
3 Human Services, or a designee; the Executive Director of the
4 Legislative Research Agency Intergovernmental Cooperation
5 Commission, or a designee; the Executive Director of the
6 Citizens Assembly, or a designee; 4 members of the House of
7 Representatives to be appointed 2 each by the Speaker of the
8 House of Representatives and the Minority Leader of the House
9 of Representatives; and 4 members of the Senate to be
10 appointed 2 each by the President of the Senate and the
11 Minority Leader of the Senate.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 Section 5-210. The Toll Highway Act is amended by
14 changing Section 23 as follows:
15 (605 ILCS 10/23) (from Ch. 121, par. 100-23)
16 Sec. 23. The Authority shall file with the Governor, the
17 Clerk of the House of Representatives, the Secretary of the
18 Senate, and the Legislative Research Agency Illinois Economic
19 and Fiscal Commission, on or prior to March 15th of each
20 year, a written statement and report covering its activities
21 for the preceding calendar year. The Authority shall prepare
22 an annual capital plan which identifies capital projects by
23 location and details the project costs in correct dollar
24 amounts. The Authority shall also prepare and file a
25 ten-year capital plan that includes a listing of all capital
26 improvement projects contemplated during the ensuing ten-year
27 period. The first ten-year capital plan shall be filed in
28 1991 and thereafter on the anniversary of each ten-year
29 period.
30 It shall also be the duty of the Auditor General of the
31 State of Illinois, annually to audit or cause to be audited
32 the books and records of the Authority and to file a
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1 certified copy of the report of such audit with the Governor
2 and with the Legislative Audit Commission, which audit
3 reports, when so filed, shall be open to the public for
4 inspection.
5 (Source: P.A. 86-1164.)
6 ARTICLE 10
7 Section 10-5. The Illinois Administrative Procedure Act
8 is amended by changing Section 5-140 as follows:
9 (5 ILCS 100/5-140) (from Ch. 127, par. 1005-140)
10 Sec. 5-140. Reports to the General Assembly. The Joint
11 Committee shall report its findings, conclusions, and
12 recommendations, including suggested legislation, to the
13 General Assembly by February 1 of each year.
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, the President, the Minority Leader, and the
18 Secretary of the Senate, and the Legislative Research Agency
19 Unit, as required by Section 3.1 of the General Assembly
20 Organization Act, and filing additional copies with the State
21 Government Report Distribution Center for the General
22 Assembly as required under paragraph (t) of Section 7 of the
23 State Library Act.
24 (Source: P.A. 87-823.)
25 Section 10-10. The Election Code is amended by changing
26 Section 1A-8 as follows:
27 (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
28 Sec. 1A-8. The State Board of Elections shall exercise
29 the following powers and perform the following duties in
30 addition to any powers or duties otherwise provided for by
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1 law:
2 (1) Assume all duties and responsibilities of the State
3 Electoral Board and the Secretary of State as heretofore
4 provided in this Act;
5 (2) Disseminate information to and consult with election
6 authorities concerning the conduct of elections and
7 registration in accordance with the laws of this State and
8 the laws of the United States;
9 (3) Furnish to each election authority prior to each
10 primary and general election and any other election it deems
11 necessary, a manual of uniform instructions consistent with
12 the provisions of this Act which shall be used by election
13 authorities in the preparation of the official manual of
14 instruction to be used by the judges of election in any such
15 election. In preparing such manual, the State Board shall
16 consult with representatives of the election authorities
17 throughout the State. The State Board may provide separate
18 portions of the uniform instructions applicable to different
19 election jurisdictions which administer elections under
20 different options provided by law. The State Board may by
21 regulation require particular portions of the uniform
22 instructions to be included in any official manual of
23 instructions published by election authorities. Any manual of
24 instructions published by any election authority shall be
25 identical with the manual of uniform instructions issued by
26 the Board, but may be adapted by the election authority to
27 accommodate special or unusual local election problems,
28 provided that all manuals published by election authorities
29 must be consistent with the provisions of this Act in all
30 respects and must receive the approval of the State Board of
31 Elections prior to publication; provided further that if the
32 State Board does not approve or disapprove of a proposed
33 manual within 60 days of its submission, the manual shall be
34 deemed approved.
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1 (4) Prescribe and require the use of such uniform forms,
2 notices, and other supplies not inconsistent with the
3 provisions of this Act as it shall deem advisable which shall
4 be used by election authorities in the conduct of elections
5 and registrations;
6 (5) Prepare and certify the form of ballot for any
7 proposed amendment to the Constitution of the State of
8 Illinois, or any referendum to be submitted to the electors
9 throughout the State or, when required to do so by law, to
10 the voters of any area or unit of local government of the
11 State;
12 (6) Require such statistical reports regarding the
13 conduct of elections and registration from election
14 authorities as may be deemed necessary;
15 (7) Review and inspect procedures and records relating
16 to conduct of elections and registration as may be deemed
17 necessary, and to report violations of election laws to the
18 appropriate State's Attorney;
19 (8) Recommend to the General Assembly legislation to
20 improve the administration of elections and registration;
21 (9) Adopt, amend or rescind rules and regulations in the
22 performance of its duties provided that all such rules and
23 regulations must be consistent with the provisions of this
24 Article 1A or issued pursuant to authority otherwise provided
25 by law;
26 (10) Determine the validity and sufficiency of petitions
27 filed under Article XIV, Section 3, of the Constitution of
28 the State of Illinois of 1970;
29 (11) Maintain in its principal office a research library
30 that includes, but is not limited to, abstracts of votes by
31 precinct for general primary elections and general elections,
32 current precinct maps and current precinct poll lists from
33 all election jurisdictions within the State. The research
34 library shall be open to the public during regular business
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1 hours. Such abstracts, maps and lists shall be preserved as
2 permanent records and shall be available for examination and
3 copying at a reasonable cost;
4 (12) Supervise the administration of the registration
5 and election laws throughout the State;
6 (13) Obtain from the Department of Central Management
7 Services, under Section 35.7a of The Civil Administrative
8 Code of Illinois, such use of electronic data processing
9 equipment as may be required to perform the duties of the
10 State Board of Elections and to provide election-related
11 information to candidates, public and party officials,
12 interested civic organizations and the general public in a
13 timely and efficient manner; and
14 (14) To take such action as may be necessary or required
15 to give effect to directions of the State central committee
16 of an established political party under Sections 7-8, 7-11
17 and 7-14.1 or such other provisions as may be applicable
18 pertaining to the selection of delegates and alternate
19 delegates to an established political party's national
20 nominating conventions.
21 The Board may by regulation delegate any of its duties or
22 functions under this Article, except that final
23 determinations and orders under this Article shall be issued
24 only by the Board.
25 The requirement for reporting to the General Assembly
26 shall be satisfied by filing copies of the report with the
27 Speaker, the Minority Leader and the Clerk of the House of
28 Representatives and the President, the Minority Leader and
29 the Secretary of the Senate and the Legislative Research
30 Agency Unit, as required by Section 3.1 of "An Act to revise
31 the law in relation to the General Assembly", approved
32 February 25, 1874, as amended, and filing such additional
33 copies with the State Government Report Distribution Center
34 for the General Assembly as is required under paragraph (t)
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1 of Section 7 of the State Library Act.
2 (Source: P.A. 86-1089.)
3 Section 10-15. The Executive Reorganization
4 Implementation Act is amended by changing Section 11 as
5 follows:
6 (15 ILCS 15/11) (from Ch. 127, par. 1811)
7 Sec. 11. Every agency created or assigned new functions
8 pursuant to a reorganization shall report to the General
9 Assembly not later than 6 months after the reorganization
10 takes effect and annually thereafter for 3 years. This
11 report shall include data on the economies effected by the
12 reorganization and an analysis of the effect of the
13 reorganization on State government. The report shall also
14 include the agency's recommendations for further legislation
15 relating to reorganization.
16 The requirement for reporting to the General Assembly
17 shall be satisfied by filing copies of the report with the
18 Speaker, the Minority Leader and the Clerk of the House of
19 Representatives and the President, the Minority Leader and
20 the Secretary of the Senate and the Legislative Research
21 Agency Unit, as required by Section 3.1 of "An Act to revise
22 the law in relation to the General Assembly", approved
23 February 25, 1874, as amended, and filing such additional
24 copies with the State Government Report Distribution Center
25 for the General Assembly as is required under paragraph (t)
26 of Section 7 of the State Library Act.
27 (Source: P.A. 84-1438.)
28 Section 10-20. The Illinois Act on the Aging is amended
29 by changing Sections 4.02 and 7.09 as follows:
30 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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1 Sec. 4.02. The Department shall establish a program of
2 services to prevent unnecessary institutionalization of
3 persons age 60 and older in need of long term care or who are
4 established as persons who suffer from Alzheimer's disease or
5 a related disorder under the Alzheimer's Disease Assistance
6 Act, thereby enabling them to remain in their own homes or in
7 other living arrangements. Such preventive services, which
8 may be coordinated with other programs for the aged and
9 monitored by area agencies on aging in cooperation with the
10 Department, may include, but are not limited to, any or all
11 of the following:
12 (a) home health services;
13 (b) home nursing services;
14 (c) homemaker services;
15 (d) chore and housekeeping services;
16 (e) day care services;
17 (f) home-delivered meals;
18 (g) education in self-care;
19 (h) personal care services;
20 (i) adult day health services;
21 (j) habilitation services;
22 (k) respite care; or
23 (l) other nonmedical social services that may enable the
24 person to become self-supporting.
25 The Department shall establish eligibility standards for
26 such services taking into consideration the unique economic
27 and social needs of the target population for whom they are
28 to be provided. Such eligibility standards shall be based on
29 the recipient's ability to pay for services; provided,
30 however, that in determining the amount and nature of
31 services for which a person may qualify, consideration shall
32 not be given to the value of cash, property or other assets
33 held in the name of the person's spouse pursuant to a written
34 agreement dividing marital property into equal but separate
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1 shares or pursuant to a transfer of the person's interest in
2 a home to his spouse, provided that the spouse's share of the
3 marital property is not made available to the person seeking
4 such services. The Department shall, in conjunction with the
5 Department of Public Aid, seek appropriate amendments under
6 Sections 1915 and 1924 of the Social Security Act. The
7 purpose of the amendments shall be to extend eligibility for
8 home and community based services under Sections 1915 and
9 1924 of the Social Security Act to persons who transfer to or
10 for the benefit of a spouse those amounts of income and
11 resources allowed under Section 1924 of the Social Security
12 Act. Subject to the approval of such amendments, the
13 Department shall extend the provisions of Section 5-4 of the
14 Illinois Public Aid Code to persons who, but for the
15 provision of home or community-based services, would require
16 the level of care provided in an institution, as is provided
17 for in federal law. Those persons no longer found to be
18 eligible for receiving noninstitutional services due to
19 changes in the eligibility criteria shall be given 60 days
20 notice prior to actual termination. Those persons receiving
21 notice of termination may contact the Department and request
22 the determination be appealed at any time during the 60 day
23 notice period. With the exception of the lengthened notice
24 and time frame for the appeal request, the appeal process
25 shall follow the normal procedure. In addition, each person
26 affected regardless of the circumstances for discontinued
27 eligibility shall be given notice and the opportunity to
28 purchase the necessary services through the Community Care
29 Program. If the individual does not elect to purchase
30 services, the Department shall advise the individual of
31 alternative services. The target population identified for
32 the purposes of this Section are persons age 60 and older
33 with an identified service need. Priority shall be given to
34 those who are at imminent risk of institutionalization. The
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1 services shall be provided to eligible persons age 60 and
2 older to the extent that the cost of the services together
3 with the other personal maintenance expenses of the persons
4 are reasonably related to the standards established for care
5 in a group facility appropriate to the person's condition.
6 These non-institutional services, pilot projects or
7 experimental facilities may be provided as part of or in
8 addition to those authorized by federal law or those funded
9 and administered by the Department of Human Services. The
10 Departments of Human Services, Public Aid, Public Health,
11 Veterans' Affairs, and Commerce and Community Affairs and
12 other appropriate agencies of State, federal and local
13 governments shall cooperate with the Department on Aging in
14 the establishment and development of the non-institutional
15 services. The Department shall require an annual audit from
16 all chore/housekeeping and homemaker vendors contracting with
17 the Department under this Section. The annual audit shall
18 assure that each audited vendor's procedures are in
19 compliance with Department's financial reporting guidelines
20 requiring a 27% administrative cost split and a 73% employee
21 wages and benefits cost split. The audit is a public record
22 under the Freedom of Information Act. The Department shall
23 execute, relative to the nursing home prescreening project,
24 written inter-agency agreements with the Department of Human
25 Services and the Department of Public Aid, to effect the
26 following: (1) intake procedures and common eligibility
27 criteria for those persons who are receiving
28 non-institutional services; and (2) the establishment and
29 development of non-institutional services in areas of the
30 State where they are not currently available or are
31 undeveloped. On and after July 1, 1996, all nursing home
32 prescreenings for individuals 60 years of age or older shall
33 be conducted by the Department.
34 The Department is authorized to establish a system of
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1 recipient copayment for services provided under this Section,
2 such copayment to be based upon the recipient's ability to
3 pay but in no case to exceed the actual cost of the services
4 provided. Additionally, any portion of a person's income
5 which is equal to or less than the federal poverty standard
6 shall not be considered by the Department in determining the
7 copayment. The level of such copayment shall be adjusted
8 whenever necessary to reflect any change in the officially
9 designated federal poverty standard.
10 The Department, or the Department's authorized
11 representative, shall recover the amount of moneys expended
12 for services provided to or in behalf of a person under this
13 Section by a claim against the person's estate or against the
14 estate of the person's surviving spouse, but no recovery may
15 be had until after the death of the surviving spouse, if any,
16 and then only at such time when there is no surviving child
17 who is under age 21, blind, or permanently and totally
18 disabled. This paragraph, however, shall not bar recovery,
19 at the death of the person, of moneys for services provided
20 to the person or in behalf of the person under this Section
21 to which the person was not entitled; provided that such
22 recovery shall not be enforced against any real estate while
23 it is occupied as a homestead by the surviving spouse or
24 other dependent, if no claims by other creditors have been
25 filed against the estate, or, if such claims have been filed,
26 they remain dormant for failure of prosecution or failure of
27 the claimant to compel administration of the estate for the
28 purpose of payment. This paragraph shall not bar recovery
29 from the estate of a spouse, under Sections 1915 and 1924 of
30 the Social Security Act and Section 5-4 of the Illinois
31 Public Aid Code, who precedes a person receiving services
32 under this Section in death. All moneys for services paid to
33 or in behalf of the person under this Section shall be
34 claimed for recovery from the deceased spouse's estate.
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1 "Homestead", as used in this paragraph, means the dwelling
2 house and contiguous real estate occupied by a surviving
3 spouse or relative, as defined by the rules and regulations
4 of the Illinois Department of Public Aid, regardless of the
5 value of the property.
6 The Department shall develop procedures to enhance
7 availability of services on evenings, weekends, and on an
8 emergency basis to meet the respite needs of caregivers.
9 Procedures shall be developed to permit the utilization of
10 services in successive blocks of 24 hours up to the monthly
11 maximum established by the Department. Workers providing
12 these services shall be appropriately trained.
13 The Department shall work in conjunction with the
14 Alzheimer's Task Force and members of the Alzheimer's
15 Association and other senior citizens' organizations in
16 developing these procedures by December 30, 1991.
17 Beginning on the effective date of this Amendatory Act of
18 1991, no person may perform chore/housekeeping and homemaker
19 services under a program authorized by this Section unless
20 that person has been issued a certificate of pre-service to
21 do so by his or her employing agency. Information gathered
22 to effect such certification shall include (i) the person's
23 name, (ii) the date the person was hired by his or her
24 current employer, and (iii) the training, including dates and
25 levels. Persons engaged in the program authorized by this
26 Section before the effective date of this amendatory Act of
27 1991 shall be issued a certificate of all pre- and in-service
28 training from his or her employer upon submitting the
29 necessary information. The employing agency shall be
30 required to retain records of all staff pre- and in-service
31 training, and shall provide such records to the Department
32 upon request and upon termination of the employer's contract
33 with the Department. In addition, the employing agency is
34 responsible for the issuance of certifications of in-service
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1 training completed to their employees.
2 The Department is required to develop a system to ensure
3 that persons working as homemakers and chore housekeepers
4 receive increases in their wages when the federal minimum
5 wage is increased by requiring vendors to certify that they
6 are meeting the federal minimum wage statute for homemakers
7 and chore housekeepers. An employer that cannot ensure that
8 the minimum wage increase is being given to homemakers and
9 chore housekeepers shall be denied any increase in
10 reimbursement costs.
11 The Department on Aging and the Department of Human
12 Services shall cooperate in the development and submission of
13 an annual report on programs and services provided under this
14 Section. Such joint report shall be filed with the Governor
15 and the General Assembly on or before September 30 each year.
16 The requirement for reporting to the General Assembly
17 shall be satisfied by filing copies of the report with the
18 Speaker, the Minority Leader and the Clerk of the House of
19 Representatives and the President, the Minority Leader and
20 the Secretary of the Senate and the Legislative Research
21 Agency Unit, as required by Section 3.1 of the General
22 Assembly Organization Act and filing such additional copies
23 with the State Government Report Distribution Center for the
24 General Assembly as is required under paragraph (t) of
25 Section 7 of the State Library Act.
26 Those persons previously found eligible for receiving
27 non-institutional services whose services were discontinued
28 under the Emergency Budget Act of Fiscal Year 1992, and who
29 do not meet the eligibility standards in effect on or after
30 July 1, 1992, shall remain ineligible on and after July 1,
31 1992. Those persons previously not required to cost-share
32 and who were required to cost-share effective March 1, 1992,
33 shall continue to meet cost-share requirements on and after
34 July 1, 1992. Beginning July 1, 1992, all clients will be
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1 required to meet eligibility, cost-share, and other
2 requirements and will have services discontinued or altered
3 when they fail to meet these requirements.
4 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
5 (20 ILCS 105/7.09) (from Ch. 23, par. 6107.09)
6 Sec. 7.09. The Council shall have the following powers
7 and duties:
8 (1) review and comment upon reports of the Department to
9 the Governor and the General Assembly;
10 (2) prepare and submit to the Governor, the General
11 Assembly and the Director an annual report evaluating the
12 level and quality of all programs, services and facilities
13 provided to the aging by State agencies;
14 (3) review and comment upon the comprehensive state plan
15 prepared by the Department;
16 (4) review and comment upon disbursements by the
17 Department of public funds to private agencies;
18 (5) recommend candidates to the Governor for appointment
19 as Director of the Department;
20 (6) consult with the Director regarding the operations
21 of the Department.
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 Agency Unit, as required by Section 3.1 of "An Act to revise
28 the law in relation to the General Assembly", approved
29 February 25, 1874, as amended, and filing such additional
30 copies with the State Government Report Distribution Center
31 for the General Assembly as is required under paragraph (t)
32 of Section 7 of the State Library Act.
33 (Source: P.A. 84-1438.)
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1 Section 10-25. The Civil Administrative Code of Illinois
2 is amended by changing Section 67.02 as follows:
3 (20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
4 (Text of Section before amendment by P.A. 90-520)
5 Sec. 67.02. (a) To lease or purchase office and storage
6 space, buildings, land and other facilities for all State
7 agencies, authorities, boards, commissions, departments,
8 institutions, bodies politic and all other administrative
9 units or outgrowths of the executive branch of State
10 government except the Constitutional officers, the State
11 Board of Education and the State colleges and universities
12 and their governing bodies. However, before leasing or
13 purchasing any office or storage space, buildings, land or
14 other facilities in any municipality the Department shall
15 survey the existing State-owned and State-leased property to
16 make a determination of need. Such leases shall be for a
17 term not to exceed 5 years, except that such leases may
18 contain a renewal clause subject to acceptance by the State
19 after that date or an option to purchase. Such purchases
20 shall be made through contracts which may provide for the
21 title to the property to transfer immediately to the State or
22 a trustee or nominee for the benefit of the State and which
23 shall: provide for the consideration to be paid in
24 installments to be made at stated intervals during a certain
25 term not to exceed 30 years from the date of the contract and
26 may provide for the payment of interest on the unpaid balance
27 at a rate that does not exceed a rate determined by adding 3
28 percentage points to the annual yield on United States
29 Treasury obligations of comparable maturity as most recently
30 published in the Wall Street Journal at the time such
31 contract is signed. Such leases and purchase contracts shall
32 be and shall recite that they are subject to termination and
33 cancellation in any year for which the General Assembly fails
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1 to make an appropriation to pay the rent or purchase
2 installments payable under the terms of the lease or purchase
3 contract. Additionally such purchase contract shall specify
4 that title to the office and storage space, buildings, land
5 and other facilities being acquired under such a contract
6 shall revert to the Seller in the event of the failure of
7 the General Assembly to appropriate suitable funds.
8 However, this limitation on the term of such leases does not
9 apply to leases to and with the Illinois Building Authority,
10 as provided for in the Act enacted by the Seventy-second
11 General Assembly entitled the Building Authority Act, which
12 leases to and with said Authority may be entered into for a
13 term not to exceed 30 years and shall be and shall recite
14 that they are subject to termination and cancellation in any
15 year for which the General Assembly fails to make an
16 appropriation to pay the rent payable under the terms of such
17 lease. These limitations do not apply where the lease or
18 purchase contract contains a provision limiting the liability
19 for the payment of the rentals or installments thereof solely
20 to funds received from the Federal government.
21 (b) To lease from an airport authority office, aircraft
22 hangar and service buildings constructed upon a public
23 airport under the Airport Authorities Act for the use and
24 occupancy of the State Department of Transportation, which
25 lease may be entered into for a term not to exceed 30 years.
26 (c) To establish training programs for teaching State
27 leasing procedures and practices to new employees of the
28 Department and to keep all employees of the Department
29 informed about current leasing practices and developments in
30 the real estate industry.
31 (d) To enter into an agreement with a municipality or
32 county to construct, remodel or convert a structure for the
33 purposes of its serving as a correctional institution or
34 facility pursuant to paragraph (c) of Section 3-2-2 of the
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1 Unified Code of Corrections.
2 (e) To enter into an agreement with a private
3 individual, trust, partnership or corporation or a
4 municipality or other unit of local government, when
5 authorized to do so by the Department of Corrections, whereby
6 such individual, trust, partnership or corporation or
7 municipality or other unit of local government will
8 construct, remodel or convert a structure for the purposes of
9 its serving as a correctional institution or facility and
10 then lease such structure to the Department for the use of
11 the Department of Corrections. A lease entered into pursuant
12 to the authority granted in this subsection shall be for a
13 term not to exceed 30 years, but may grant to the State the
14 option to purchase the structure outright.
15 Such leases shall be and shall recite that they are
16 subject to termination and cancellation in any year for which
17 the General Assembly fails to make an appropriation to pay
18 the rent payable under the terms of the lease.
19 (f) On and after September 17, 1983, the powers granted
20 to the Department under this Section shall be exercised
21 exclusively by the Department and no other State agency may
22 concurrently exercise any such power, unless specifically
23 authorized otherwise by a later enacted law. This subsection
24 is not intended to impair any contract existing as of
25 September 17, 1983.
26 However, no lease for more than 10,000 square feet of
27 space shall be executed unless the Director in consultation
28 with the Executive Director of the Capital Development Board
29 has certified that leasing is in the best interest of the
30 State, considering programmatic requirements, availability of
31 vacant State-owned space, the cost-benefits of purchasing or
32 constructing new space and other criteria as he shall
33 determine. The Director shall not permit multiple leases for
34 less than 10,000 square feet to be executed in order to evade
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1 this provision.
2 (g) To develop and implement, in cooperation with the
3 Interagency Energy Conservation Committee, a system for
4 evaluating energy consumption in facilities leased by the
5 Department, and to develop energy consumption standards for
6 use in evaluating prospective lease sites.
7 (Source: P.A. 87-852.)
8 (Text of Section after amendment by P.A. 90-520)
9 Sec. 67.02. (a) To lease or purchase office and storage
10 space, buildings, land and other facilities for all State
11 agencies, authorities, boards, commissions, departments,
12 institutions, bodies politic and all other administrative
13 units or outgrowths of the executive branch of State
14 government except the Constitutional officers, the State
15 Board of Education and the State colleges and universities
16 and their governing bodies. However, before leasing or
17 purchasing any office or storage space, buildings, land or
18 other facilities in any municipality the Department shall
19 survey the existing State-owned and State-leased property to
20 make a determination of need. Such leases shall be for a
21 term not to exceed 5 years, except that such leases may
22 contain a renewal clause subject to acceptance by the State
23 after that date or an option to purchase. Such purchases
24 shall be made through contracts which may provide for the
25 title to the property to transfer immediately to the State or
26 a trustee or nominee for the benefit of the State and which
27 shall: provide for the consideration to be paid in
28 installments to be made at stated intervals during a certain
29 term not to exceed 30 years from the date of the contract and
30 may provide for the payment of interest on the unpaid balance
31 at a rate that does not exceed a rate determined by adding 3
32 percentage points to the annual yield on United States
33 Treasury obligations of comparable maturity as most recently
34 published in the Wall Street Journal at the time such
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1 contract is signed. Such leases and purchase contracts shall
2 be and shall recite that they are subject to termination and
3 cancellation in any year for which the General Assembly fails
4 to make an appropriation to pay the rent or purchase
5 installments payable under the terms of the lease or purchase
6 contract. Additionally such purchase contract shall specify
7 that title to the office and storage space, buildings, land
8 and other facilities being acquired under such a contract
9 shall revert to the Seller in the event of the failure of
10 the General Assembly to appropriate suitable funds.
11 However, this limitation on the term of such leases does not
12 apply to leases to and with the Illinois Building Authority,
13 as provided for in the Act enacted by the Seventy-second
14 General Assembly entitled the Building Authority Act, which
15 leases to and with said Authority may be entered into for a
16 term not to exceed 30 years and shall be and shall recite
17 that they are subject to termination and cancellation in any
18 year for which the General Assembly fails to make an
19 appropriation to pay the rent payable under the terms of such
20 lease. These limitations do not apply where the lease or
21 purchase contract contains a provision limiting the liability
22 for the payment of the rentals or installments thereof solely
23 to funds received from the Federal government.
24 (b) To lease from an airport authority office, aircraft
25 hangar and service buildings constructed upon a public
26 airport under the Airport Authorities Act for the use and
27 occupancy of the State Department of Transportation, which
28 lease may be entered into for a term not to exceed 30 years.
29 (c) To establish training programs for teaching State
30 leasing procedures and practices to new employees of the
31 Department and to keep all employees of the Department
32 informed about current leasing practices and developments in
33 the real estate industry.
34 (d) To enter into an agreement with a municipality or
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1 county to construct, remodel or convert a structure for the
2 purposes of its serving as a correctional institution or
3 facility pursuant to paragraph (c) of Section 3-2-2 of the
4 Unified Code of Corrections.
5 (e) To enter into an agreement with a private
6 individual, trust, partnership or corporation or a
7 municipality or other unit of local government, when
8 authorized to do so by the Department of Corrections, whereby
9 such individual, trust, partnership or corporation or
10 municipality or other unit of local government will
11 construct, remodel or convert a structure for the purposes of
12 its serving as a correctional institution or facility and
13 then lease such structure to the Department for the use of
14 the Department of Corrections. A lease entered into pursuant
15 to the authority granted in this subsection shall be for a
16 term not to exceed 30 years, but may grant to the State the
17 option to purchase the structure outright.
18 Such leases shall be and shall recite that they are
19 subject to termination and cancellation in any year for which
20 the General Assembly fails to make an appropriation to pay
21 the rent payable under the terms of the lease.
22 (f) On and after September 17, 1983, the powers granted
23 to the Department under this Section shall be exercised
24 exclusively by the Department and no other State agency may
25 concurrently exercise any such power, unless specifically
26 authorized otherwise by a later enacted law. This subsection
27 is not intended to impair any contract existing as of
28 September 17, 1983.
29 However, no lease for more than 10,000 square feet of
30 space shall be executed unless the Director in consultation
31 with the Executive Director of the Capital Development Board
32 has certified that leasing is in the best interest of the
33 State, considering programmatic requirements, availability of
34 vacant State-owned space, the cost-benefits of purchasing or
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1 constructing new space and other criteria as he shall
2 determine. The Director shall not permit multiple leases for
3 less than 10,000 square feet to be executed in order to evade
4 this provision.
5 (g) To develop and implement, in cooperation with the
6 Interagency Energy Conservation Committee, a system for
7 evaluating energy consumption in facilities leased by the
8 Department, and to develop energy consumption standards for
9 use in evaluating prospective lease sites.
10 (h) (1) After the effective date of this amendatory Act
11 of 1997, the Department shall not enter into an agreement
12 for the installment purchase or lease purchase of
13 buildings, land, or facilities unless:
14 (A) the using agency certifies to the
15 Department that the agency reasonably expects the
16 building, land, or facilities being considered for
17 purchase will meet a permanent space need;
18 (B) the building or facilities will be
19 substantially occupied by State agencies after
20 purchase (or after acceptance in the case of a build
21 to suit);
22 (C) the building or facilities shall be in new
23 or like new condition and have a remaining economic
24 life exceeding the term of the contract;
25 (D) no structural or other major building
26 component or system shall have a remaining economic
27 life of less than 10 years;
28 (E) the building, land or facilities:
29 (i) is free of any identifiable
30 environmental hazard, or
31 (ii) is subject to a management plan,
32 provided by the seller and acceptable to the
33 State, to address the known environmental
34 hazard;
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1 (F) the building, land, or facilities satisfy
2 applicable handicap accessibility and applicable
3 building codes; and
4 (G) the State's cost to lease purchase or
5 installment purchase the building, land, or
6 facilities is less than the cost to lease space of
7 comparable quality, size, and location over the
8 lease purchase or installment purchase term.
9 (2) The Department shall establish the methodology
10 for comparing lease costs to the costs of installment or
11 lease purchases. The cost comparison shall take into
12 account all relevant cost factors including, but not
13 limited to, debt service, operating and maintenance
14 costs, insurance and risk costs, real estate taxes,
15 reserves for replacement and repairs, security costs, and
16 utilities. Such methodology shall also provide:
17 (A) that the comparison will be made using
18 level payment plans; and
19 (B) that a purchase price must not exceed the
20 fair market value of the buildings, land, or
21 facilities, and that such price must be
22 substantiated by an appraisal or by a competitive
23 selection process.
24 (3) If the Department intends to enter into an
25 installment purchase or lease purchase agreement for
26 buildings, land, or facilities under circumstances that
27 do not satisfy the conditions specified by this Section,
28 it must issue a notice to the Secretary of the Senate and
29 the Clerk of the House. Such notice shall contain (i)
30 specific details of the State's proposed purchase,
31 including the amounts, purposes, and financing terms;
32 (ii) a specific description of how the proposed purchase
33 varies from the procedures set forth in this Section; and
34 (iii) a specific justification, signed by the Director,
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1 of why it is in the State's best interests to proceed
2 with the purchase. The Department may not proceed with
3 such an installment purchase or lease purchase agreement
4 if, within 60 calendar days after delivery of the notice,
5 the General Assembly, by joint resolution, disapproves
6 the transaction. Delivery may take place on a day and at
7 an hour when the Senate and House are not in session so
8 long as the offices of Secretary and Clerk are open to
9 receive the notice. In determining the 60 day period
10 within which the General Assembly must act, the day on
11 which delivery is made to the Senate and House shall not
12 be counted. If delivery of the notice to the 2 houses
13 occurs on different days, the 60 day period shall begin
14 on the day following the later delivery.
15 (4) On or before February 15 of each year, the
16 Department shall submit an annual report to the Director
17 of the Bureau of the Budget and the General Assembly
18 regarding installment purchases or lease purchases of
19 buildings, land, or facilities that were entered into
20 during the preceding calendar year. The report shall
21 include a summary statement of the aggregate amount of
22 the State's obligations under such purchases; specific
23 details pertaining to each purchase, the amounts,
24 purposes, and financing terms and payment schedule for
25 each purchase; and any other matter that the Department
26 deems advisable.
27 The requirement for reporting to the General
28 Assembly shall be satisfied by filing copies of the
29 report with the Auditor General, the Speaker, the
30 Minority Leader, and the Clerk of the House of
31 Representatives and the President, the Minority Leader,
32 and the Secretary of the Senate, the Chairs of the
33 Appropriations Committees, and the Legislative Research
34 Agency Unit, as required by Section 3.1 of the General
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1 Assembly Organization Act, and filing such additional
2 copies with the State Government Report Distribution
3 Center for the General Assembly as is required under
4 paragraph (t) of Section 7 of the State Library Act.
5 (Source: P.A. 90-520, eff. 6-1-98.)
6 Section 10-30. The Children and Family Services Act is
7 amended by changing Section 5.15 as follows:
8 (20 ILCS 505/5.15)
9 Sec. 5.15. Daycare; Department of Human Services.
10 (a) For the purpose of ensuring effective statewide
11 planning, development, and utilization of resources for the
12 day care of children, operated under various auspices, the
13 Department of Human Services is designated to coordinate all
14 day care activities for children of the State and shall
15 develop or continue, and shall update every year, a State
16 comprehensive day-care plan for submission to the Governor
17 that identifies high-priority areas and groups, relating them
18 to available resources and identifying the most effective
19 approaches to the use of existing day care services. The
20 State comprehensive day-care plan shall be made available to
21 the General Assembly following the Governor's approval of
22 the plan.
23 The plan shall include methods and procedures for the
24 development of additional day care resources for children to
25 meet the goal of reducing short-run and long-run dependency
26 and to provide necessary enrichment and stimulation to the
27 education of young children. Recommendations shall be made
28 for State policy on optimum use of private and public, local,
29 State and federal resources, including an estimate of the
30 resources needed for the licensing and regulation of day care
31 facilities.
32 A written report shall be submitted to the Governor and
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1 the General Assembly annually on April 15. The report shall
2 include an evaluation of developments over the preceding
3 fiscal year, including cost-benefit analyses of various
4 arrangements. Beginning with the report in 1990 submitted by
5 the Department's predecessor agency and every 2 years
6 thereafter, the report shall also include the following:
7 (1) An assessment of the child care services, needs
8 and available resources throughout the State and an
9 assessment of the adequacy of existing child care
10 services, including, but not limited to, services
11 assisted under this Act and under any other program
12 administered by other State agencies.
13 (2) A survey of day care facilities to determine
14 the number of qualified caregivers, as defined by rule,
15 attracted to vacant positions and any problems
16 encountered by facilities in attracting and retaining
17 capable caregivers.
18 (3) The average wages and salaries and fringe
19 benefit packages paid to caregivers throughout the State,
20 computed on a regional basis.
21 (4) The qualifications of new caregivers hired at
22 licensed day care facilities during the previous 2-year
23 period.
24 (5) Recommendations for increasing caregiver wages
25 and salaries to ensure quality care for children.
26 (6) Evaluation of the fee structure and income
27 eligibility for child care subsidized by the State.
28 The requirement for reporting to the General Assembly
29 shall be satisfied by filing copies of the report with the
30 Speaker, the Minority Leader, and the Clerk of the House of
31 Representatives, the President, the Minority Leader, and the
32 Secretary of the Senate, and the Legislative Research Agency
33 Unit, as required by Section 3.1 of the General Assembly
34 Organization Act, and filing such additional copies with the
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1 State Government Report Distribution Center for the General
2 Assembly as is required under paragraph (t) of Section 7 of
3 the State Library Act.
4 (b) The Department of Human Services shall establish
5 policies and procedures for developing and implementing
6 interagency agreements with other agencies of the State
7 providing child care services or reimbursement for such
8 services.
9 (c) In cooperation with other State agencies, the
10 Department of Human Services shall develop and implement, or
11 shall continue, a resource and referral system for the State
12 of Illinois either within the Department or by contract with
13 local or regional agencies. Funding for implementation of
14 this system may be provided through Department appropriations
15 or other inter-agency funding arrangements. The resource and
16 referral system shall provide at least the following
17 services:
18 (1) Assembling and maintaining a data base on the
19 supply of child care services.
20 (2) Providing information and referrals for
21 parents.
22 (3) Coordinating the development of new child care
23 resources.
24 (4) Providing technical assistance and training to
25 child care service providers.
26 (5) Recording and analyzing the demand for child
27 care services.
28 (d) The Department of Human Services shall conduct day
29 care planning activities with the following priorities:
30 (1) Development of voluntary day care resources
31 wherever possible, with the provision for grants-in-aid
32 only where demonstrated to be useful and necessary as
33 incentives or supports.
34 (2) Emphasis on service to children of recipients
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1 of public assistance when such service will allow
2 training or employment of the parent toward achieving the
3 goal of independence.
4 (3) Maximum employment of recipients of public
5 assistance in day care centers and day care homes,
6 operated in conjunction with short-term work training
7 programs.
8 (4) Care of children from families in stress and
9 crises whose members potentially may become, or are in
10 danger of becoming, non-productive and dependent.
11 (5) Expansion of family day care facilities
12 wherever possible.
13 (6) Location of centers in economically depressed
14 neighborhoods, preferably in multi-service centers with
15 cooperation of other agencies.
16 (7) Use of existing facilities free of charge or
17 for reasonable rental whenever possible in lieu of
18 construction.
19 (8) Development of strategies for assuring a more
20 complete range of day care options, including provision
21 of day care services in homes, in schools, or in centers,
22 which will enable a parent or parents to complete a
23 course of education or obtain or maintain employment.
24 Emphasis shall be given to support services that will
25 help to ensure such parents' graduation from high school and
26 to services for participants in the Project Chance program of
27 job training conducted by the Department.
28 (e) The Department of Human Services shall actively
29 stimulate the development of public and private resources at
30 the local level. It shall also seek the fullest utilization
31 of federal funds directly or indirectly available to the
32 Department.
33 Where appropriate, existing non-governmental agencies or
34 associations shall be involved in planning by the Department.
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1 (f) To better accommodate the child care needs of low
2 income working families, especially those who receive
3 Temporary Assistance for Needy Families (TANF) or who are
4 transitioning from TANF to work, or who are at risk of
5 depending on TANF in the absence of child care, the
6 Department shall complete a study using outcome-based
7 assessment measurements to analyze the various types of child
8 care needs, including but not limited to: child care homes;
9 child care facilities; before and after school care; and
10 evening and weekend care. Based upon the findings of the
11 study, the Department shall develop a plan by April 15, 1998,
12 that identifies the various types of child care needs within
13 various geographic locations. The plan shall include, but
14 not be limited to, the special needs of parents and guardians
15 in need of non-traditional child care services such as early
16 mornings, evenings, and weekends; the needs of very low
17 income families and children and how they might be better
18 served; and strategies to assist child care providers to meet
19 the needs and schedules of low income families.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-236, eff. 7-28-97.)
21 Section 10-35. The Energy Policy and Planning Act is
22 amended by changing Section 4 as follows:
23 (20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
24 Sec. 4. Authority. (1) The Department in addition to
25 its preparation of energy contingency plans, shall also
26 analyze, prepare, and recommend a comprehensive energy plan
27 for the State of Illinois.
28 The plan shall identify emerging trends related to energy
29 supply, demand, conservation, public health and safety
30 factors, and should specify the levels of statewide and
31 service area energy needs, past, present, and estimated
32 future demand, as well as the potential social, economic, or
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1 environmental effects caused by the continuation of existing
2 trends and by the various alternatives available to the
3 State. The plan shall also conform to the requirements of
4 Section 8-402 of the Public Utilities Act. The Department
5 shall design programs as necessary to achieve the purposes of
6 this Act and the planning objectives of The Public Utilities
7 Act. The Department's energy plan, and any programs designed
8 pursuant to this Section shall be filed with the Commission
9 in accordance with the Commission's planning responsibilities
10 and hearing requirements related thereto. The Department
11 shall periodically review the plan, objectives and programs
12 at least every 2 years, and the results of such review and
13 any resulting changes in the Department's plan or programs
14 shall be filed with the Commission.
15 The Department's plan and programs and any review
16 thereof, shall also be filed with the Governor, the General
17 Assembly, and the Public Counsel, and shall be available to
18 the public upon request.
19 The requirement for reporting to the General Assembly
20 shall be satisfied by filing copies of the report with the
21 Speaker, the Minority Leader and the Clerk of the House of
22 Representatives and the President, the Minority Leader and
23 the Secretary of the Senate and the Legislative Research
24 Agency Unit, as required by Section 3.1 of "An Act to revise
25 the law in relation to the General Assembly", approved
26 February 25, 1874, as amended, and filing such additional
27 copies with the State Government Report Distribution Center
28 for the General Assembly as is required under paragraph (t)
29 of Section 7 of the State Library Act.
30 (Source: P.A. 84-617.)
31 Section 10-40. The Disabled Persons Rehabilitation Act
32 is amended by changing Section 3 as follows:
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1 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
2 Sec. 3. Powers and duties. The Department shall have the
3 powers and duties enumerated herein:
4 (a) To co-operate with the federal government in the
5 administration of the provisions of the federal
6 Rehabilitation Act of 1973, as amended, and of the federal
7 Social Security Act to the extent and in the manner provided
8 in these Acts.
9 (b) To prescribe and supervise such courses of
10 vocational training and provide such other services as may be
11 necessary for the habilitation and rehabilitation of persons
12 with one or more disabilities, including the administrative
13 activities under subsection (e) of this Section, and to
14 co-operate with State and local school authorities and other
15 recognized agencies engaged in habilitation, rehabilitation
16 and comprehensive rehabilitation services; and to cooperate
17 with the Department of Children and Family Services regarding
18 the care and education of children with one or more
19 disabilities.
20 (c) To make such reports and submit such plans to the
21 federal government as are required by the provisions of the
22 federal Rehabilitation Act of 1973, as amended, and by the
23 rules and regulations of the federal agency or agencies
24 administering the federal Rehabilitation Act of 1973, as
25 amended, and the federal Social Security Act.
26 (d) To report in writing, to the Governor, annually on
27 or before the first day of December, and at such other times
28 and in such manner and upon such subjects as the Governor may
29 require. The annual report shall contain (1) a statement of
30 the existing condition of comprehensive rehabilitation
31 services, habilitation and rehabilitation in the State; (2) a
32 statement of suggestions and recommendations with reference
33 to the development of comprehensive rehabilitation services,
34 habilitation and rehabilitation in the State; and (3) an
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1 itemized statement of the amounts of money received from
2 federal, State and other sources, and of the objects and
3 purposes to which the respective items of these several
4 amounts have been devoted.
5 (e) To exercise, pursuant to Section 13 of this Act,
6 executive and administrative supervision over all
7 institutions, divisions, programs and services now existing
8 or hereafter acquired or created under the jurisdiction of
9 the Department, including, but not limited to, the following:
10 The Illinois School for the Visually Impaired at
11 Jacksonville, as provided under Section 10 of this Act,
12 The Illinois School for the Deaf at Jacksonville, as
13 provided under Section 10 of this Act, and
14 The Illinois Center for Rehabilitation and Education, as
15 provided under Section 11 of this Act.
16 (f) To establish a program of services to prevent
17 unnecessary institutionalization of persons with Alzheimer's
18 disease and related disorders or persons in need of long term
19 care who are established as blind or disabled as defined by
20 the Social Security Act, thereby enabling them to remain in
21 their own homes or other living arrangements. Such preventive
22 services may include, but are not limited to, any or all of
23 the following:
24 (1) home health services;
25 (2) home nursing services;
26 (3) homemaker services;
27 (4) chore and housekeeping services;
28 (5) day care services;
29 (6) home-delivered meals;
30 (7) education in self-care;
31 (8) personal care services;
32 (9) adult day health services;
33 (10) habilitation services;
34 (11) respite care; or
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1 (12) other nonmedical social services that may
2 enable the person to become self-supporting.
3 The Department shall establish eligibility standards for
4 such services taking into consideration the unique economic
5 and social needs of the population for whom they are to be
6 provided. Such eligibility standards may be based on the
7 recipient's ability to pay for services; provided, however,
8 that any portion of a person's income that is equal to or
9 less than the "protected income" level shall not be
10 considered by the Department in determining eligibility. The
11 "protected income" level shall be determined by the
12 Department, shall never be less than the federal poverty
13 standard, and shall be adjusted each year to reflect changes
14 in the Consumer Price Index For All Urban Consumers as
15 determined by the United States Department of Labor.
16 Additionally, in determining the amount and nature of
17 services for which a person may qualify, consideration shall
18 not be given to the value of cash, property or other assets
19 held in the name of the person's spouse pursuant to a written
20 agreement dividing marital property into equal but separate
21 shares or pursuant to a transfer of the person's interest in
22 a home to his spouse, provided that the spouse's share of the
23 marital property is not made available to the person seeking
24 such services.
25 The services shall be provided to eligible persons to
26 prevent unnecessary or premature institutionalization, to the
27 extent that the cost of the services, together with the other
28 personal maintenance expenses of the persons, are reasonably
29 related to the standards established for care in a group
30 facility appropriate to their condition. These
31 non-institutional services, pilot projects or experimental
32 facilities may be provided as part of or in addition to those
33 authorized by federal law or those funded and administered by
34 the Illinois Department on Aging.
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1 Personal care attendants shall be paid:
2 (i) A $5 per hour minimum rate beginning July 1,
3 1995.
4 (ii) A $5.30 per hour minimum rate beginning July
5 1, 1997.
6 (iii) A $5.40 per hour minimum rate beginning July
7 1, 1998.
8 The Department shall execute, relative to the nursing
9 home prescreening project, as authorized by Section 4.03 of
10 the Illinois Act on the Aging, written inter-agency
11 agreements with the Department on Aging and the Department of
12 Public Aid, to effect the following: (i) intake procedures
13 and common eligibility criteria for those persons who are
14 receiving non-institutional services; and (ii) the
15 establishment and development of non-institutional services
16 in areas of the State where they are not currently available
17 or are undeveloped. On and after July 1, 1996, all nursing
18 home prescreenings for individuals 18 through 59 years of age
19 shall be conducted by the Department.
20 The Department is authorized to establish a system of
21 recipient cost-sharing for services provided under this
22 Section. The cost-sharing shall be based upon the
23 recipient's ability to pay for services, but in no case shall
24 the recipient's share exceed the actual cost of the services
25 provided. Protected income shall not be considered by the
26 Department in its determination of the recipient's ability to
27 pay a share of the cost of services. The level of
28 cost-sharing shall be adjusted each year to reflect changes
29 in the "protected income" level. The Department shall deduct
30 from the recipient's share of the cost of services any money
31 expended by the recipient for disability-related expenses.
32 The Department, or the Department's authorized
33 representative, shall recover the amount of moneys expended
34 for services provided to or in behalf of a person under this
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1 Section by a claim against the person's estate or against the
2 estate of the person's surviving spouse, but no recovery may
3 be had until after the death of the surviving spouse, if any,
4 and then only at such time when there is no surviving child
5 who is under age 21, blind, or permanently and totally
6 disabled. This paragraph, however, shall not bar recovery,
7 at the death of the person, of moneys for services provided
8 to the person or in behalf of the person under this Section
9 to which the person was not entitled; provided that such
10 recovery shall not be enforced against any real estate while
11 it is occupied as a homestead by the surviving spouse or
12 other dependent, if no claims by other creditors have been
13 filed against the estate, or, if such claims have been filed,
14 they remain dormant for failure of prosecution or failure of
15 the claimant to compel administration of the estate for the
16 purpose of payment. This paragraph shall not bar recovery
17 from the estate of a spouse, under Sections 1915 and 1924 of
18 the Social Security Act and Section 5-4 of the Illinois
19 Public Aid Code, who precedes a person receiving services
20 under this Section in death. All moneys for services paid to
21 or in behalf of the person under this Section shall be
22 claimed for recovery from the deceased spouse's estate.
23 "Homestead", as used in this paragraph, means the dwelling
24 house and contiguous real estate occupied by a surviving
25 spouse or relative, as defined by the rules and regulations
26 of the Illinois Department of Public Aid, regardless of the
27 value of the property.
28 The Department and the Department on Aging shall
29 cooperate in the development and submission of an annual
30 report on programs and services provided under this Section.
31 Such joint report shall be filed with the Governor and the
32 General Assembly on or before September 30 each year.
33 The requirement for reporting to the General Assembly
34 shall be satisfied by filing copies of the report with the
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1 Speaker, the Minority Leader and the Clerk of the House of
2 Representatives and the President, the Minority Leader and
3 the Secretary of the Senate and the Legislative Research
4 Agency Unit, as required by Section 3.1 of the General
5 Assembly Organization Act, and filing additional copies with
6 the State Government Report Distribution Center for the
7 General Assembly as required under paragraph (t) of Section 7
8 of the State Library Act.
9 (g) To establish such subdivisions of the Department as
10 shall be desirable and assign to the various subdivisions the
11 responsibilities and duties placed upon the Department by
12 law.
13 (h) To cooperate and enter into any necessary agreements
14 with the Department of Employment Security for the provision
15 of job placement and job referral services to clients of the
16 Department, including job service registration of such
17 clients with Illinois Employment Security offices and making
18 job listings maintained by the Department of Employment
19 Security available to such clients.
20 (i) To possess all powers reasonable and necessary for
21 the exercise and administration of the powers, duties and
22 responsibilities of the Department which are provided for by
23 law.
24 (j) To establish a procedure whereby new providers of
25 personal care attendant services shall submit vouchers to the
26 State for payment two times during their first month of
27 employment and one time per month thereafter. In no case
28 shall the Department pay personal care attendants an hourly
29 wage that is less than the federal minimum wage.
30 (k) To provide adequate notice to providers of chore and
31 housekeeping services informing them that they are entitled
32 to an interest payment on bills which are not promptly paid
33 pursuant to Section 3 of the State Prompt Payment Act.
34 (l) To establish, operate and maintain a Statewide
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1 Housing Clearinghouse of information on available, government
2 subsidized housing accessible to disabled persons and
3 available privately owned housing accessible to disabled
4 persons. The information shall include but not be limited to
5 the location, rental requirements, access features and
6 proximity to public transportation of available housing. The
7 Clearinghouse shall consist of at least a computerized
8 database for the storage and retrieval of information and a
9 separate or shared toll free telephone number for use by
10 those seeking information from the Clearinghouse. Department
11 offices and personnel throughout the State shall also assist
12 in the operation of the Statewide Housing Clearinghouse.
13 Cooperation with local, State and federal housing managers
14 shall be sought and extended in order to frequently and
15 promptly update the Clearinghouse's information.
16 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95;
17 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)
18 Section 10-45. The Civil Administrative Code of Illinois
19 is amended by changing Sections 49.21 and 49.25g as follows:
20 (20 ILCS 2705/49.21) (from Ch. 127, par. 49.21)
21 Sec. 49.21. In cooperation with state universities and
22 other research oriented institutions, to study the extent and
23 nature of the demand for transportation and to collect and
24 assemble information regarding the most feasible, technical
25 and socio-economic solutions for meeting that demand and the
26 costs thereof. To report to the Governor and the General
27 Assembly, by February 15 of each odd-numbered year, the
28 results of such study and recommendations based thereon.
29 The requirement for reporting to the General Assembly
30 shall be satisfied by filing copies of the report with the
31 Speaker, the Minority Leader and the Clerk of the House of
32 Representatives and the President, the Minority Leader and
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1 the Secretary of the Senate and the Legislative Research
2 Agency Unit, as required by Section 3.1 of "An Act to revise
3 the law in relation to the General Assembly", approved
4 February 25, 1874, as amended, and filing such additional
5 copies with the State Government Report Distribution Center
6 for the General Assembly as is required under paragraph (t)
7 of Section 7 of the State Library Act.
8 (Source: P.A. 84-1438.)
9 (20 ILCS 2705/49.25g) (from Ch. 127, par. 49.25g)
10 Sec. 49.25g. Railroad freight service assistance. The
11 Department shall enter into such agreements with any railroad
12 as necessary to provide assistance for continuous freight
13 service on lines of railroads within Illinois designated for
14 discontinuation of service by the United States Railway
15 Association Final System Plan and not conveyed to a railroad
16 company other than Consolidated Rail Corporation. The
17 Department may enter into such agreements with any railroad
18 as necessary to provide assistance for continuous rail
19 freight service on lines of railroads within Illinois subject
20 to an abandonment proceeding in the Interstate Commerce
21 Commission or classified as potentially subject to
22 abandonment pursuant to Sections 10903 through 10905 of Title
23 49 of the United States Code or upon which a certificate of
24 discontinuance or abandonment has been issued. The
25 Department shall make rail continuation subsidy payments
26 pursuant to such agreements. Such agreements shall provide
27 for a minimum level of service at least equivalent to that
28 provided in calendar year 1975. Such agreements shall conform
29 to relevant Federal law. The Department shall determine that
30 all payments under this Section are eligible for Federal
31 share reimbursement.
32 Any nonfederal share of the assistance provided under
33 this section shall be provided by the Department. The state
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1 share may include funds, grants, gifts or donations from the
2 federal government, any local public body or any person.
3 Reimbursements shall be deposited in the State fund from
4 which the assistance was paid.
5 The Department shall provide technical assistance to any
6 local public body or rail user to insure that rail freight
7 services under these agreements are, to the extent possible,
8 adequate to the needs of Illinois citizens.
9 The Department shall review the effects of the rail
10 freight service assistance provided under this Section and
11 shall report the results of its review to the General
12 Assembly each year not later than March 15, reporting
13 particularly on the service provided through such assistance,
14 the utilization of rail freight service by shippers, and the
15 cost effectiveness of this rail freight service assistance
16 program in relation to the economy of this State.
17 The requirement for reporting to the General Assembly
18 shall be satisfied by filing copies of the report with the
19 Speaker, the Minority Leader and the Clerk of the House of
20 Representatives and the President, the Minority Leader and
21 the Secretary of the Senate and the Legislative Research
22 Agency Unit, as required by Section 3.1 of "An Act to revise
23 the law in relation to the General Assembly", approved
24 February 25, 1874, as amended, and filing such additional
25 copies with the State Government Report Distribution Center
26 for the General Assembly as is required under paragraph (t)
27 of Section 7 of the State Library Act.
28 For the purpose of promoting efficient rail freight
29 service, the Department shall have the power to either grant
30 or loan funds to any railroad or unit of local government in
31 the State to maintain, improve and construct rail facilities.
32 The Department shall also have the power to grant or loan
33 funds to any rail users located on an abandoned line, unit of
34 local government, or an owner or lessee of an abandoned
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1 railroad right-of-way to undertake substitute service
2 projects which reduce the social, economic and environmental
3 costs associated with the loss of a particular rail freight
4 service in a manner less expensive than continuing that rail
5 freight service. To facilitate the continuation of rail
6 freight services, the Department shall have the power to
7 purchase railroad materials and supplies.
8 (Source: P.A. 84-1438.)
9 Section 10-50. The Arts Council Act is amended by
10 changing Section 4 as follows:
11 (20 ILCS 3915/4) (from Ch. 127, par. 214.14)
12 Sec. 4. The Council has the power and duty (a) to survey
13 and assess the needs of the arts, both visual and performing,
14 throughout the State; (b) to identify existing legislation,
15 policies and programs which affect the arts and to evaluate
16 their effectiveness; (c) to stimulate public understanding
17 and recognition of the importance of cultural institutions in
18 Illinois; (d) to promote an encouraging atmosphere for
19 creative artists residing in Illinois; (e) to encourage the
20 use of local resources for the development and support of the
21 arts; and (f) to report to the Governor and to the General
22 Assembly biennially, on or about the third Monday in January
23 of each odd-numbered year, the results of and its
24 recommendations based upon its investigations.
25 The requirement for reporting to the General Assembly
26 shall be satisfied by filing copies of the report with the
27 Speaker, the Minority Leader and the Clerk of the House of
28 Representatives and the President, the Minority Leader and
29 the Secretary of the Senate and the Legislative Research
30 Agency Unit, as required by Section 3.1 of "An Act to revise
31 the law in relation to the General Assembly", approved
32 February 25, 1874, as amended, and filing such additional
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1 copies with the State Government Report Distribution Center
2 for the General Assembly as is required under paragraph (t)
3 of Section 7 of the State Library Act.
4 (Source: P.A. 84-1438.)
5 Section 10-55. The Illinois Criminal Justice Information
6 Act is amended by changing Section 7 as follows:
7 (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
8 Sec. 7. Powers and Duties. The Authority shall have the
9 following powers, duties and responsibilities:
10 (a) To develop and operate comprehensive
11 information systems for the improvement and coordination
12 of all aspects of law enforcement, prosecution and
13 corrections;
14 (b) To define, develop, evaluate and correlate
15 State and local programs and projects associated with the
16 improvement of law enforcement and the administration of
17 criminal justice;
18 (c) To act as a central repository and clearing
19 house for federal, state and local research studies,
20 plans, projects, proposals and other information relating
21 to all aspects of criminal justice system improvement and
22 to encourage educational programs for citizen support of
23 State and local efforts to make such improvements;
24 (d) To undertake research studies to aid in
25 accomplishing its purposes;
26 (e) To monitor the operation of existing criminal
27 justice information systems in order to protect the
28 constitutional rights and privacy of individuals about
29 whom criminal history record information has been
30 collected;
31 (f) To provide an effective administrative forum
32 for the protection of the rights of individuals
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1 concerning criminal history record information;
2 (g) To issue regulations, guidelines and procedures
3 which ensure the privacy and security of criminal history
4 record information consistent with State and federal
5 laws;
6 (h) To act as the sole administrative appeal body
7 in the State of Illinois to conduct hearings and make
8 final determinations concerning individual challenges to
9 the completeness and accuracy of criminal history record
10 information;
11 (i) To act as the sole, official, criminal justice
12 body in the State of Illinois to conduct annual and
13 periodic audits of the procedures, policies, and
14 practices of the State central repositories for criminal
15 history record information to verify compliance with
16 federal and state laws and regulations governing such
17 information;
18 (j) To advise the Authority's Statistical Analysis
19 Center;
20 (k) To apply for, receive, establish priorities
21 for, allocate, disburse and spend grants of funds that
22 are made available by and received on or after January 1,
23 1983 from private sources or from the United States
24 pursuant to the federal Crime Control Act of 1973, as
25 amended, and similar federal legislation, and to enter
26 into agreements with the United States government to
27 further the purposes of this Act, or as may be required
28 as a condition of obtaining federal funds;
29 (l) To receive, expend and account for such funds
30 of the State of Illinois as may be made available to
31 further the purposes of this Act;
32 (m) To enter into contracts and to cooperate with
33 units of general local government or combinations of such
34 units, State agencies, and criminal justice system
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1 agencies of other states for the purpose of carrying out
2 the duties of the Authority imposed by this Act or by the
3 federal Crime Control Act of 1973, as amended;
4 (n) To enter into contracts and cooperate with
5 units of general local government outside of Illinois,
6 other states' agencies, and private organizations outside
7 of Illinois to provide computer software or design that
8 has been developed for the Illinois criminal justice
9 system, or to participate in the cooperative development
10 or design of new software or systems to be used by the
11 Illinois criminal justice system. Revenues received as a
12 result of such arrangements shall be deposited in the
13 Criminal Justice Information Systems Trust Fund.
14 (o) To establish general policies concerning
15 criminal justice information systems and to promulgate
16 such rules, regulations and procedures as are necessary
17 to the operation of the Authority and to the uniform
18 consideration of appeals and audits;
19 (p) To advise and to make recommendations to the
20 Governor and the General Assembly on policies relating to
21 criminal justice information systems;
22 (q) To direct all other agencies under the
23 jurisdiction of the Governor to provide whatever
24 assistance and information the Authority may lawfully
25 require to carry out its functions;
26 (r) To exercise any other powers that are
27 reasonable and necessary to fulfill the responsibilities
28 of the Authority under this Act and to comply with the
29 requirements of applicable federal law or regulation;
30 (s) To exercise the rights, powers and duties which
31 have been vested in the Authority by the "Illinois
32 Uniform Conviction Information Act", enacted by the 85th
33 General Assembly, as hereafter amended; and
34 (t) To exercise the rights, powers and duties which
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1 have been vested in the Authority by the Illinois Motor
2 Vehicle Theft Prevention Act.
3 The requirement for reporting to the General Assembly
4 shall be satisfied by filing copies of the report with the
5 Speaker, the Minority Leader and the Clerk of the House of
6 Representatives and the President, the Minority Leader and
7 the Secretary of the Senate and the Legislative Research
8 Agency Unit, as required by Section 3.1 of "An Act to revise
9 the law in relation to the General Assembly", approved
10 February 25, 1874, as amended, and filing such additional
11 copies with the State Government Report Distribution Center
12 for the General Assembly as is required under paragraph (t)
13 of Section 7 of the State Library Act.
14 (Source: P.A. 85-922; 86-1408.)
15 Section 10-60. The Guardianship and Advocacy Act is
16 amended by changing Section 5 as follows:
17 (20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
18 Sec. 5. (a) The Commission shall establish throughout
19 the State such regions as it considers appropriate to
20 effectuate the purposes of the Authority under this Act,
21 taking into account the requirements of State and federal
22 statutes; population; civic, health and social service
23 boundaries; and other pertinent factors.
24 (b) The Commission shall act through its divisions as
25 provided in this Act.
26 (c) The Commission shall establish general policy
27 guidelines for the operation of the Legal Advocacy Service,
28 Authority and State Guardian in furtherance of this Act. Any
29 action taken by a regional authority is subject to the review
30 and approval of the Commission. The Commission may
31 disapprove any action of a regional authority, in which case
32 the regional authority shall cease such action.
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1 (d) The Commission shall hire a Director and staff to
2 carry out the powers and duties of the Commission and its
3 divisions pursuant to this Act and the rules and regulations
4 promulgated by the Commission. All staff other than the
5 Director shall be subject to the Personnel Code.
6 (e) The Commission shall review and evaluate the
7 operations of the divisions.
8 (f) The Commission shall operate subject to the
9 provisions of The Illinois Purchasing Act.
10 (g) The Commission shall prepare its budget.
11 (h) The Commission shall prepare an annual report on its
12 operations and submit the report to the Governor and the
13 General Assembly.
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 Agency Unit, as required by Section 3.1 of "An Act to revise
20 the law in relation to the General Assembly", approved
21 February 25, 1874, and filing such additional copies with the
22 State Government Report Distribution Center for the General
23 Assembly as is required under paragraph (t) of Section 7 of
24 the State Library Act.
25 (i) The Commission shall establish rules and regulations
26 for the conduct of the work of its divisions, including rules
27 and regulations for the Legal Advocacy Service and the State
28 Guardian in evaluating an eligible person's or ward's
29 financial resources for the purpose of determining whether
30 the eligible person or ward has the ability to pay for legal
31 or guardianship services received. The determination of the
32 eligible person's financial ability to pay for legal services
33 shall be based upon the number of dependents in the eligible
34 person's family unit and the income, liquid assets and
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1 necessary expenses, as prescribed by rule of the Commission
2 of: (1) the eligible person; (2) the eligible person's
3 spouse; and (3) the parents of minor eligible persons. The
4 determination of a ward's ability to pay for guardianship
5 services shall be based upon the ward's estate. An eligible
6 person or ward found to have sufficient financial resources
7 shall be required to pay the Commission in accordance with
8 standards established by the Commission. No fees may be
9 charged for legal services given unless the eligible person
10 is given notice at the start of such services that such fees
11 might be charged. No fees may be charged for guardianship
12 services given unless the ward is given notice of the request
13 for fees filed with the probate court and the court approves
14 the amount of fees to be assessed. All fees collected shall
15 be deposited with the State Treasurer and placed in the
16 Guardianship and Advocacy Fund. The Commission shall
17 establish rules and regulations regarding the procedures of
18 appeal for clients prior to termination or suspension of
19 legal services. Such rules and regulations shall include,
20 but not be limited to, client notification procedures prior
21 to the actual termination, the scope of issues subject to
22 appeal, and procedures specifying when a final administrative
23 decision is made.
24 (j) The Commission shall take such actions as it deems
25 necessary and appropriate to receive private, federal and
26 other public funds to help support the divisions and to
27 safeguard the rights of eligible persons. Private funds and
28 property may be accepted, held, maintained, administered and
29 disposed of by the Commission, as trustee, for such purposes
30 for the benefit of the People of the State of Illinois
31 pursuant to the terms of the instrument granting the funds or
32 property to the Commission.
33 (k) The Commission may expend funds under the State's
34 plan to protect and advocate the rights of persons with a
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1 developmental disability established under the federal
2 Developmental Disabilities Services and Facilities
3 Construction Act (Public Law 94-103, Title II). If the
4 Governor designates the Commission to be the organization or
5 agency to provide the services called for in the State plan,
6 the Commission shall make these protection and advocacy
7 services available to persons with a developmental disability
8 by referral or by contracting for these services to the
9 extent practicable. If the Commission is unable to so make
10 available such protection and advocacy services, it shall
11 provide them through persons in its own employ.
12 (l) The Commission shall, to the extent funds are
13 available, monitor issues concerning the rights of eligible
14 persons and the care and treatment provided to those persons,
15 including but not limited to the incidence of abuse or
16 neglect of eligible persons. For purposes of that monitoring
17 the Commission shall have access to reports of suspected
18 abuse or neglect and information regarding the disposition of
19 such reports, subject to the provisions of the Mental Health
20 and Developmental Disabilities Confidentiality Act.
21 (Source: P.A. 88-380.)
22 Section 10-65. The Illinois State Auditing Act is
23 amended by changing Section 3-15 as follows:
24 (30 ILCS 5/3-15) (from Ch. 15, par. 303-15)
25 Sec. 3-15. Reports of Auditor General. By March 1, each
26 year, the Auditor General shall submit to the Commission, the
27 General Assembly and the Governor an annual report
28 summarizing all audits, investigations and special studies
29 made under this Act during the last preceding calendar year.
30 Once each 3 months, the Auditor General shall submit to
31 the Commission a quarterly report concerning the operation of
32 his office, including relevant fiscal and personnel matters,
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1 details of any contractual services utilized during that
2 period, a summary of audits and studies still in process and
3 such other information as the Commission requires.
4 The Auditor General shall prepare and distribute such
5 other reports as may be required by the Commission.
6 All post audits directed by resolution of the House or
7 Senate shall be reported to the members of the General
8 Assembly, unless the directing resolution specifies
9 otherwise.
10 The requirement for reporting to the General Assembly
11 shall be satisfied by filing copies of the report with the
12 Speaker, the Minority Leader and the Clerk of the House of
13 Representatives and the President, the Minority Leader and
14 the Secretary of the Senate and the Legislative Research
15 Agency Unit, as required by Section 3.1 of "An Act to revise
16 the law in relation to the General Assembly", approved
17 February 25, 1874, as amended, and filing such additional
18 copies with the State Government Report Distribution Center
19 for the General Assembly as is required under paragraph (t)
20 of Section 7 of the State Library Act.
21 (Source: P.A. 84-1438.)
22 Section 10-70. The Intergovernmental Drug Laws
23 Enforcement Act is amended by changing Section 6 as follows:
24 (30 ILCS 715/6) (from Ch. 56 1/2, par. 1706)
25 Sec. 6. The Director shall report annually, no later
26 than February 1, to the Governor and the General Assembly on
27 the operations of the Metropolitan Enforcement Groups,
28 including a breakdown of the appropriation for the current
29 fiscal year indicating the amount of the State grant each MEG
30 received or will receive.
31 The requirement for reporting to the General Assembly
32 shall be satisfied by filing copies of the report with the
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1 Speaker, the Minority Leader and the Clerk of the House of
2 Representatives and the President, the Minority Leader and
3 the Secretary of the Senate and the Legislative Research
4 Agency Unit, as required by Section 3.1 of "An Act to revise
5 the law in relation to the General Assembly", approved
6 February 25, 1874, as amended, and filing such additional
7 copies with the State Government Report Distribution Center
8 for the General Assembly as is required under paragraph (t)
9 of Section 7 of the State Library Act.
10 (Source: P.A. 84-1438.)
11 Section 10-75. The State Mandates Act is amended by
12 changing Section 7 as follows:
13 (30 ILCS 805/7) (from Ch. 85, par. 2207)
14 Sec. 7. Review of Existing Mandates. (a) Concurrently
15 with, or within 3 months subsequent to the publication of a
16 catalog of State mandates as prescribed in subsection (b) of
17 Section 4 the Department shall submit to the Governor and the
18 General Assembly a review and report on mandates enacted
19 prior to the effective date of this Act and remaining in
20 effect at the time of submittal of the report.
21 (b) The report shall include for each mandate the
22 following: (1) The factual information specified in
23 subsection (b) of Section 4 for the catalog; (2) extent to
24 which the enactment of the mandate was requested, supported,
25 encouraged or opposed by local governments or their
26 respective organization; (3) whether the mandate continues to
27 meet a Statewide policy objective or has achieved the initial
28 policy intent in whole or in part; (4) amendments if any are
29 required to make the mandate more effective; (5) whether the
30 mandate should be retained or rescinded; (6) whether State
31 financial participation in helping meet the identifiable
32 increased local costs arising from the mandate should be
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1 initiated, and if so, recommended ratios and phasing-in
2 schedules; and (7) any other information or recommendations
3 which the Department considers pertinent.
4 (c) The appropriate committee of each house of the
5 General Assembly shall review the report and shall initiate
6 such legislation or other action as it deems necessary.
7 The requirement for reporting to the General Assembly
8 shall be satisfied by filing copies of the report with the
9 Speaker, the Minority Leader and the Clerk of the House of
10 Representatives and the President, the Minority Leader, the
11 Secretary of the Senate, the members of the committees
12 required to review the report under subsection (c) and the
13 Legislative Research Agency Unit, as required by Section 3.1
14 of "An Act to revise the law in relation to the General
15 Assembly", approved February 25, 1874, as amended, and filing
16 such additional copies with the State Government Report
17 Distribution Center for the General Assembly as is required
18 under paragraph (t) of Section 7 of the State Library Act.
19 (Source: P.A. 84-1438.)
20 Section 10-80. The Illinois Pension Code is amended by
21 changing Sections 1A-108, 5-226, 6-220, 21-120, and 22A-109
22 as follows:
23 (40 ILCS 5/1A-108)
24 Sec. 1A-108. Report to the Governor and General Assembly.
25 On or before October 1 following the convening of a regular
26 session of the General Assembly, the Division shall submit a
27 report to the Governor and General Assembly setting forth the
28 latest financial statements on the pension funds operating in
29 the State of Illinois, a summary of the current provisions
30 underlying these funds, and a report on any changes that have
31 occurred in these provisions since the date of the last such
32 report submitted by the Division.
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1 The report shall also include the results of examinations
2 made by the Division of any pension fund and any specific
3 recommendations for legislative and administrative correction
4 that the Division deems necessary. The report may embody
5 general recommendations concerning desirable changes in any
6 existing pension, annuity, or retirement laws designed to
7 standardize and establish uniformity in their basic
8 provisions and to bring about an improvement in the financial
9 condition of the pension funds. The purposes of these
10 recommendations and the objectives sought shall be clearly
11 expressed in the report.
12 The requirement for reporting to the General Assembly
13 shall be satisfied by filing copies of the report with the
14 Speaker, the Minority Leader, and the Clerk of the House of
15 Representatives, the President, the Minority Leader, and the
16 Secretary of the Senate, and the Legislative Research Agency
17 Unit, as required by Section 3.1 of the General Assembly
18 Organization Act, and filing additional copies with the State
19 Government Report Distribution Center for the General
20 Assembly as required under paragraph (t) of Section 7 of the
21 State Library Act.
22 Upon request, the Division shall distribute additional
23 copies of the report at no charge to the secretary of each
24 pension fund established under Article 3 or 4, the treasurer
25 or fiscal officer of each municipality with an established
26 police or firefighter pension fund, the executive director of
27 every other pension fund established under this Code, and to
28 public libraries, State agencies, and police, firefighter,
29 and municipal organizations active in the public pension
30 area.
31 (Source: P.A. 90-507, eff. 8-22-97.)
32 (40 ILCS 5/5-226) (from Ch. 108 1/2, par. 5-226)
33 Sec. 5-226. Examination and report by Director of
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1 Insurance. The Director of Insurance biennially shall make a
2 thorough examination of the fund provided for in this
3 Article. He or she shall report the results thereof with such
4 recommendations as he or she deems proper to the Governor for
5 transmittal to the General Assembly, and send a copy to the
6 board and to the city council of the city. The city council
7 shall file such report and recommendations in the official
8 record of its proceedings.
9 The requirement for reporting to the General Assembly
10 shall be satisfied by filing copies of the report with the
11 Speaker, the Minority Leader and the Clerk of the House of
12 Representatives and the President, the Minority Leader and
13 the Secretary of the Senate and the Legislative Research
14 Agency Unit, as required by Section 3.1 of "An Act to revise
15 the law in relation to the General Assembly", approved
16 February 25, 1874, as amended, and filing such additional
17 copies with the State Government Report Distribution Center
18 for the General Assembly as is required under paragraph (t)
19 of Section 7 of the State Library Act.
20 (Source: P.A. 84-1438.)
21 (40 ILCS 5/6-220) (from Ch. 108 1/2, par. 6-220)
22 Sec. 6-220. Examination and report by director of
23 insurance. The Director of Insurance biennially shall make a
24 thorough examination of the fund provided for in this
25 Article. He or she shall report the results thereof with such
26 recommendations as he or she deems proper to the Governor for
27 transmittal to the General Assembly and send a copy to the
28 board and to the city council of the city. The city council
29 shall file such report and recommendations in the official
30 record of its proceedings.
31 The requirement for reporting to the General Assembly
32 shall be satisfied by filing copies of the report with the
33 Speaker, the Minority Leader and the Clerk of the House of
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1 Representatives and the President, the Minority Leader and
2 the Secretary of the Senate and the Legislative Research
3 Agency Unit, as required by Section 3.1 of "An Act to revise
4 the law in relation to the General Assembly", approved
5 February 25, 1874, as amended, and filing such additional
6 copies with the State Government Report Distribution Center
7 for the General Assembly as is required under paragraph (t)
8 of Section 7 of the State Library Act.
9 (Source: P.A. 84-1438.)
10 (40 ILCS 5/21-120) (from Ch. 108 1/2, par. 21-120)
11 Sec. 21-120. Report. The State Agency shall submit a
12 report to the General Assembly at the beginning of each
13 Regular Session, covering the administration and operation of
14 this Article during the preceding biennium, including such
15 recommendations for amendments to this Article as it
16 considers proper.
17 The requirement for reporting to the General Assembly
18 shall be satisfied by filing copies of the report with the
19 Speaker, the Minority Leader and the Clerk of the House of
20 Representatives and the President, the Minority Leader and
21 the Secretary of the Senate and the Legislative Research
22 Agency Unit, as required by Section 3.1 of "An Act to revise
23 the law in relation to the General Assembly", approved
24 February 25, 1874, as amended, and filing such additional
25 copies with the State Government Report Distribution Center
26 for the General Assembly as is required under paragraph (t)
27 of Section 7 of the State Library Act.
28 (Source: P.A. 84-1028.)
29 (40 ILCS 5/22A-109) (from Ch. 108 1/2, par. 22A-109)
30 Sec. 22A-109. Membership of board. The board shall
31 consist of the following members: (a) ex-officio members
32 consisting of the State Treasurer and the Chairman of the
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1 board of trustees of each pension fund or retirement system,
2 other than pension funds covered by Articles 3 and 4 of this
3 Code, whose investment functions have been transferred to the
4 jurisdiction of this board; and (b) 5 members appointed by
5 the Governor with the approval of the Senate, one of whom
6 shall be a senior citizen age 60 or over. The appointive
7 members shall serve for terms of 4 years except that the
8 terms of office of the original appointive members shall be
9 as follows: One member for a term of 1 year; 1 member for a
10 term of 2 years; 1 member for a term of 3 years; and 1 member
11 for a term of 4 years. The member first appointed under this
12 amendatory Act of 1984 shall serve for a term of 4 years.
13 Vacancies among the appointive members shall be filled for
14 unexpired terms by appointment in like manner as for original
15 appointments, and appointive members shall continue in office
16 until their successors have been appointed and have
17 qualified. Ex-officio members who cannot attend meetings of
18 the board or its committees may respectively designate one
19 appropriate proxy from within the office of the State
20 Treasurer or the trustees of the pension fund or retirement
21 system, which proxy shall have the same powers and authority
22 as the ex-officio member being represented, but no member may
23 designate a different proxy within one year after his last
24 designation of a proxy unless the person last so designated
25 has become ineligible to serve in that capacity.
26 Each person appointed to membership shall qualify by
27 taking an oath of office before the Secretary of State
28 stating that he will diligently and honestly administer the
29 affairs of the board and will not violate or knowingly permit
30 the violation of any provisions of this Article.
31 Members of the board shall receive no salary for service
32 on the board but shall be reimbursed for travel expenses
33 incurred while on business for the board according to the
34 standards in effect for members of the Illinois Legislative
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1 Research Agency Unit.
2 A majority of the members of the board shall constitute a
3 quorum. The board shall elect from its membership,
4 biennially, a Chairman, Vice Chairman and a Recording
5 Secretary. These officers, together with one other member
6 elected by the board, shall constitute the executive
7 committee. During the interim between regular meetings of
8 the board, the executive committee shall have authority to
9 conduct all business of the board and shall report such
10 business conducted at the next following meeting of the board
11 for ratification.
12 No member of the board shall have any interest in any
13 brokerage fee, commission or other profit or gain arising out
14 of any investment made by the board. This paragraph does not
15 preclude ownership by any member of any minority interest in
16 any common stock or any corporate obligation in which
17 investment is made by the board.
18 The board shall contract for a blanket fidelity bond in
19 the penal sum of not less than $1,000,000.00 to cover members
20 of the board, the director and all other employees of the
21 board conditioned for the faithful performance of the duties
22 of their respective offices, the premium on which shall be
23 paid by the board. The bond shall be filed with the State
24 Treasurer for safekeeping.
25 (Source: P.A. 87-1265.)
26 Section 10-85. The Illinois Fire Protection Training Act
27 is amended by changing Section 13 as follows:
28 (50 ILCS 740/13) (from Ch. 85, par. 543)
29 Sec. 13. Additional powers and Duties. In addition to
30 the other powers and duties given to the Office by this Act,
31 the Office:
32 (1) may employ a Director of Personnel Standards and
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1 Education and other necessary clerical and technical
2 personnel;
3 (2) may make such reports and recommendations to the
4 Governor and the General Assembly in regard to fire
5 protection personnel, standards, education, and related
6 topics as it deems proper;
7 (3) shall report to the Governor and the General
8 Assembly no later than March 1 of each year the affairs and
9 activities of the Office for the preceding year.
10 The requirement for reporting to the General Assembly
11 shall be satisfied by filing copies of the report with the
12 Speaker, the Minority Leader and the Clerk of the House of
13 Representatives and the President, the Minority Leader and
14 the Secretary of the Senate and the Legislative Research
15 Agency Unit, as required by Section 3.1 of "An Act to revise
16 the law in relation to the General Assembly", approved
17 February 25, 1874, as amended, and filing such additional
18 copies with the State Government Report Distribution Center
19 for the General Assembly as is required under paragraph (t)
20 of Section 7 of the State Library Act.
21 (Source: P.A. 84-1438.)
22 Section 10-90. The Emergency Telephone System Act is
23 amended by changing Section 13 as follows:
24 (50 ILCS 750/13) (from Ch. 134, par. 43)
25 Sec. 13. On or before February 16, 1979, and again on or
26 before February 16, 1981, the Commission shall report to the
27 General Assembly the progress in the implementation of
28 systems required by this Act. Such reports shall contain his
29 recommendations for additional legislation.
30 In December of 1979 and in December of 1980 the
31 Commission, with the advice and assistance of the Attorney
32 General, shall submit recommendations to the Bureau of the
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1 Budget and to the Governor specifying amounts necessary to
2 further implement the organization of telephone systems
3 specified in this Act during the succeeding fiscal year. The
4 report specified in this paragraph shall contain, in
5 addition, an estimate of the fiscal impact to local public
6 agencies which will be caused by implementation of this Act.
7 By March 1 in 1979 and every even-numbered year
8 thereafter, each telephone company shall file a report with
9 the Commission and the General Assembly specifying, in such
10 detail as the Commission has by rule or regulation required,
11 the extent to which it has implemented a planned emergency
12 telephone system and its projected further implementation of
13 such a system.
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 Agency Unit, as required by Section 3.1 of "An Act to revise
20 the law in relation to the General Assembly", approved
21 February 25, 1874, as amended, and filing such additional
22 copies with the State Government Report Distribution Center
23 for the General Assembly as is required under paragraph (t)
24 of Section 7 of the State Library Act.
25 (Source: P.A. 84-1438.)
26 Section 10-95. The Illinois Municipal Code is amended by
27 changing Section 11-4-5 as follows:
28 (65 ILCS 5/11-4-5) (from Ch. 24, par. 11-4-5)
29 Sec. 11-4-5. The books of the house of correction shall
30 be kept so as to clearly exhibit the state of the prisoners,
31 the number received and discharged, the number employed as
32 servants or in cultivating or improving the premises, the
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1 number employed in each branch of industry carried on, and
2 the receipts from, and expenditures for, and on account of,
3 each department of business, or for improvement of the
4 premises. A quarterly statement shall be made out, which
5 shall specify minutely, all receipts and expenditures, from
6 whom received and to whom paid, and for what purpose, proper
7 vouchers for each, to be audited and certified by the
8 inspectors, and submitted to the comptroller of the city, and
9 by him or her, to the corporate authorities thereof, for
10 examination and approval. The accounts of the house of
11 correction shall be annually closed and balanced on the first
12 day of January of each year, and a full report of the
13 operations of the preceding year shall be made out and
14 submitted to the corporate authorities of the city, and to
15 the Governor of the state, to be transmitted by the Governor
16 to the General Assembly.
17 The requirement for reporting to the General Assembly
18 shall be satisfied by filing copies of the report with the
19 Speaker, the Minority Leader and the Clerk of the House of
20 Representatives and the President, the Minority Leader and
21 the Secretary of the Senate and the Legislative Research
22 Agency Unit, as required by Section 3.1 of "An Act to revise
23 the law in relation to the General Assembly", approved
24 February 25, 1874, as amended, and filing such additional
25 copies with the State Government Report Distribution Center
26 for the General Assembly as is required under paragraph (t)
27 of Section 7 of the State Library Act.
28 (Source: P.A. 84-1438.)
29 Section 10-100. The Interstate Airport Authorities Act
30 is amended by changing Section 2 as follows:
31 (70 ILCS 10/2) (from Ch. 15 1/2, par. 252)
32 Sec. 2. (a) Governmental units in each of the party
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1 states are hereby authorized to combine in the creation of an
2 airport authority for the purpose of jointly supporting and
3 operating an airport terminal and all properties attached
4 thereto. The number of such governmental units are not
5 limited as to character or size except that membership shall
6 be composed of an equal number of members from each party
7 state, designated or appointed by the legislative body of the
8 participating governmental unit: Provided, That the federal
9 government may be represented by a non-voting agent or
10 representative if authorized by federal law.
11 (b) The authorized airport authority shall come into
12 being upon the passage of resolutions or ordinances
13 containing identical agreement duly and legally enacted by
14 the legislative bodies of the governmental units to be
15 combined into the airport authority. If passage is by
16 resolution, it may be joint or several, however, the
17 resolution, ordinance or enabling legislation of the
18 combining governmental units shall provide for the number of
19 members, the residence requirements of the members, the
20 length of term of the members and shall authorize the
21 appointment of an additional member to be made by the
22 governor of each party state. If the member appointed by the
23 governor shall be selected from the membership or staff of
24 the Department of Aeronautics or its successor agency or
25 aeronautics commission of his state, there shall be no
26 limitation as to place of residence, and the length of tenure
27 of office shall be at the pleasure of the governor.
28 (c) The respective members of the airport authority,
29 except any member representing the federal government, shall
30 each be entitled to one vote. Any action of the membership of
31 the airport authority shall not be official unless taken at a
32 meeting in which a majority of the voting members from each
33 party state are present and unless a majority of those from
34 each state concur: Provided, That any action not binding for
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1 such reason may be ratified within thirty days by the
2 concurrence of a majority of the members of each party state.
3 In the absence of any member, his vote may be cast by another
4 representative or member of his state if the representative
5 casting such vote shall have a written proxy in proper form
6 as may be required by the airport authority.
7 (d) The airport authority may sue and be sued, and shall
8 adopt an official seal.
9 (e) The airport authority shall have the power to
10 appoint and remove or discharge personnel as may be necessary
11 for the performance of the airport's functions irrespective
12 of the civil service, personnel or other merit system laws of
13 either of the party states.
14 (f) The airport authority shall elect annually, from its
15 membership, a chairman, a vice-chairman and a treasurer.
16 (g) The airport authority may establish and maintain or
17 participate in programs of employee benefits as may be
18 appropriate to afford employees of the airport authority
19 terms and conditions of employment similar to those enjoyed
20 by the employees of each of the party states.
21 (h) The airport authority may borrow, accept, or
22 contract for the services of personnel from any state or the
23 United States or any subdivision or agency thereof, from any
24 interstate agency, or from any institution, person, firm or
25 corporation.
26 (i) The airport authority may accept for any of its
27 purposes and functions any and all donations and grants of
28 money, equipment, supplies, materials and services,
29 conditional or otherwise, from any state, from the United
30 States, from any subdivision or agency thereof, from any
31 interstate agency, or from any institution, person, firm or
32 corporation; and may receive, utilize and dispose of the
33 same.
34 (j) The airport authority may establish and maintain
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1 such facilities as may be necessary for the transaction of
2 its business. The airport authority may acquire, hold and
3 convey real and personal property and any interest therein,
4 and may enter into such contracts for the improvements upon
5 real estate appurtenant to the airport, including farming,
6 extracting minerals, subleasing, subdividing, promoting and
7 developing of such real estate as shall aid and encourage the
8 development and service of the airport. The airport authority
9 may engage contractors to provide airport services, and shall
10 carefully observe all appropriate federal or state
11 regulations in the operation of the air facility.
12 (k) The airport authority may adopt official rules and
13 regulations for the conduct of its business, and may amend or
14 rescind the same when necessary.
15 (l) The airport authority shall annually make a report
16 to the governor of each party state concerning the activities
17 of the airport authority for the preceding year; and shall
18 embody in such report recommendations as may have been
19 adopted by the airport authority. The copies of such report
20 shall be submitted to the legislature or general assembly of
21 each of the party states at any regular session of such
22 legislative body. The airport authority may issue such
23 additional reports as may be deemed necessary.
24 The requirement for reporting to the General Assembly
25 shall be satisfied by filing copies of the report with the
26 Speaker, the Minority Leader and the Clerk of the House of
27 Representatives and the President, the Minority Leader and
28 the Secretary of the Senate and the Legislative Research
29 Agency Unit, as required by Section 3.1 of "An Act to revise
30 the law in relation to the General Assembly", approved
31 February 25, 1874, as amended, and filing such additional
32 copies with the State Government Report Distribution Center
33 for the General Assembly as is required under paragraph (t)
34 of Section 7 of the State Library Act.
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1 (Source: P.A. 84-1438.)
2 Section 10-105. The Illinois Medical District Act is
3 amended by changing Section 2 as follows:
4 (70 ILCS 915/2) (from Ch. 111 1/2, par. 5002)
5 Sec. 2. Illinois Medical District Commission.
6 (a) There is hereby created a body politic and corporate
7 under the corporate name of Illinois Medical District
8 Commission, hereinafter called the Commission, whose general
9 purpose in addition to and not in limitation of those
10 purposes and powers set forth in other Sections of this Act
11 shall be to:
12 (1) maintain the proper surroundings for a medical
13 center and a related technology center in order to
14 attract, stabilize, and retain therein hospitals,
15 clinics, research facilities, educational facilities, or
16 other facilities permitted under this Act;
17 (2) provide for the orderly creation and expansion
18 of (i) various county, and local governmental facilities
19 as permitted under this Act, including, but not limited
20 to, juvenile detention facilities, (ii) other ancillary
21 or related facilities which the Commission may from time
22 to time determine are established and operated for any
23 aspect of the carrying out of the Commission's purposes
24 as set forth in this Act, or are established and operated
25 for the study, diagnosis, and treatment of human ailments
26 and injuries, whether physical or mental, or to promote
27 medical, surgical, and scientific research and knowledge
28 as permitted under this Act, and (iii) medical research
29 and high technology parks, together with the necessary
30 lands, buildings, facilities, equipment, and personal
31 property therefore.
32 (b) The Commission shall have perpetual succession,
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1 power to contract and be contracted with, to sue and be sued
2 except in actions sounding in tort, to plead and be
3 impleaded, to have and use a common seal, and to alter the
4 same at pleasure. All actions sounding in tort against the
5 Commission shall be prosecuted in the Court of Claims. The
6 principal office of the Commission shall be in the city of
7 Chicago, and the Commission may establish such other offices
8 within the state of Illinois at such places as to the
9 Commission shall seem advisable. Such Commission shall
10 consist of 7 members, 4 of whom shall be appointed by the
11 Governor, 2 by the Mayor of Chicago, and one by the President
12 of the County Board of Cook County. All members shall hold
13 office for a term of 5 years and until their successors are
14 appointed as provided in this Act; provided, that as soon as
15 possible after the effective date of this amendatory Act, the
16 Governor shall appoint 4 members for terms expiring,
17 respectively, on June 30, 1952, 1953, 1954 and 1955. The
18 terms of all members heretofore appointed by the Governor
19 shall expire upon the commencement of the terms of the
20 members appointed pursuant to this amendatory Act. Any
21 vacancy in the membership of the Commission occurring by
22 reason of the death, resignation, disqualification, removal
23 or inability or refusal to act of any of the members of the
24 Commission shall be filled by the person who had appointed
25 the particular member, and for the unexpired term of office
26 of that particular member. A vacancy caused by the expiration
27 of the period for which the member was appointed shall be
28 filled by a new appointment for a term of 5 years from the
29 date of such expiration of the prior 5 year term
30 notwithstanding when such appointment is actually made. The
31 Commission shall obtain, pursuant to the provisions of the
32 Personnel Code, such personnel as to the Commission shall
33 seem advisable to carry out the purposes of this Act and the
34 work of the Commission. The Commission may appoint a General
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1 Attorney and define the duties of that General Attorney.
2 The Commission shall hold regular meetings annually for
3 the election of a president, vice-president, secretary, and
4 treasurer and for the adoption of a budget. Special meetings
5 may be called by the President or by any 2 members. Each
6 member shall take an oath of office for the faithful
7 performance of his duties. Four members of the Commission
8 shall constitute a quorum for the transaction of business.
9 The Commission shall submit, to the General Assembly not
10 later than March 1 of each odd-numbered year, a detailed
11 report covering its operations for the 2 preceding calendar
12 years and a statement of its program for the next 2 years.
13 The requirement for reporting to the General Assembly
14 shall be satisfied by filing copies of the report with the
15 Speaker, the Minority Leader and the Clerk of the House of
16 Representatives and the President, the Minority Leader and
17 the Secretary of the Senate and the Legislative Research
18 Agency Unit, as required by Section 3.1 of the General
19 Assembly Organization Act, and filing such additional copies
20 with the State Government Report Distribution Center for the
21 General Assembly as is required under paragraph (t) of
22 Section 7 of the State Library Act.
23 (Source: P.A. 89-356, eff. 8-17-95.)
24 Section 10-110. The Metropolitan Water Reclamation
25 District Act is amended by changing Section 4b as follows:
26 (70 ILCS 2605/4b) (from Ch. 42, par. 323b)
27 Sec. 4b. The Governor shall appoint, by and with the
28 advice and consent of the Senate, a State Sanitary District
29 Observer. The term of the person first appointed shall
30 expire on the third Monday in January, 1969. If the Senate
31 is not in session when the first appointment is made, the
32 Governor shall make a temporary appointment as in the case of
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1 a vacancy. Thereafter the term of office of the State
2 Sanitary District Observer shall be for 2 years commencing on
3 the third Monday in January of 1969 and each odd-numbered
4 year thereafter. Any person appointed to such office shall
5 hold office for the duration of his term and until his
6 successor is appointed and qualified.
7 The State Sanitary District Observer must have a
8 knowledge of the principles of sanitary engineering. He
9 shall be paid from the State Treasury an annual salary of
10 $15,000 or as set by the Compensation Review Board, whichever
11 is greater, and shall also be reimbursed for necessary
12 expenses incurred in the performance of his duties.
13 The State Sanitary District Observer has the same right
14 as any Trustee or the General Superintendent to attend any
15 meeting in connection with the business of The Metropolitan
16 Sanitary District of Greater Chicago. He shall have access
17 to all records and works of the District. He may conduct
18 inquiries and investigations into the efficiency and adequacy
19 of the operations of the District, including the effect of
20 the operations of the District upon areas of the State
21 outside the boundaries of the District.
22 The State Sanitary District Observer shall report to the
23 Governor, the General Assembly, the Department of Natural
24 Resources, and the Environmental Protection Agency annually
25 and more frequently if requested by the Governor.
26 The requirement for reporting to the General Assembly
27 shall be satisfied by filing copies of the report with the
28 Speaker, the Minority Leader and the Clerk of the House of
29 Representatives and the President, the Minority Leader and
30 the Secretary of the Senate and the Legislative Research
31 Agency Unit, as required by Section 3.1 of "An Act to revise
32 the law in relation to the General Assembly", approved
33 February 25, 1874, as amended, and filing such additional
34 copies with the State Government Report Distribution Center
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1 for the General Assembly as is required under paragraph (t)
2 of Section 7 of the State Library Act.
3 (Source: P.A. 89-445, eff. 2-7-96.)
4 Section 10-115. The Public Transit Employee Training
5 Programs Act is amended by changing Section 8 as follows:
6 (70 ILCS 3620/8) (from Ch. 111 2/3, par. 808)
7 Sec. 8. Mass Transit Employee Anti-Crime Training
8 Program Review Committee. There is created the Mass Transit
9 Employee Anti-Crime Training Program Review Committee
10 composed of 6 members as follows: 1 member appointed by the
11 Chairman of the Board of the Chicago Transit Authority; 1
12 member appointed by the Chairman of the Board of the Regional
13 Transportation Authority; 3 members, one of whom shall reside
14 in that part of Illinois served by the Bi-State Development
15 Agency, appointed by the Chairman of the Board of the
16 Illinois Public Transit Association; and 1 member, who shall
17 serve as chairman of the Committee, appointed by the Director
18 of the Illinois Department of State Police. Appointed
19 members shall be persons of proven skill and experience in
20 the field of public mass transportation anti-crime measures.
21 Appointments are to be made within 5 months of the effective
22 date of this Act and in each odd-numbered year thereafter. As
23 soon as possible after the appointment of the initial members
24 and at the beginning of each biennium, as soon as possible
25 after the appointment of members, the Committee shall choose
26 from its members a vice-chairman and secretary. The members
27 shall receive no compensation but may be reimbursed, through
28 appropriations made to the Department of State Police, for
29 expenses necessarily incurred in the performance of their
30 duties. Terms of office of members expire on June 30 of each
31 odd-numbered year. Upon the death, resignation, illness or
32 inability, neglect or refusal to act of any member of the
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1 Committee, a vacancy shall exist and a successor shall be
2 appointed in the same manner as original appointments. The
3 Committee shall meet at least twice during each fiscal year,
4 with at least one meeting held in the City of Springfield,
5 and it may hold public hearings. The Committee shall meet
6 with the carriers affected by this new Act of 1979 to review
7 the proposed curriculum for their employee training program,
8 make recommendations to the carriers for improving the
9 programs, adopt resolutions and advise the carriers on all
10 matters relating to the problems of mass transit crime. In
11 each odd-numbered year the Committee shall report to the
12 General Assembly no later than March 1 on its activities
13 during the biennium and its recommendations for legislation
14 respecting the problems of mass transit crime.
15 The requirement for reporting to the General Assembly
16 shall be satisfied by filing copies of the report with the
17 Speaker, the Minority Leader and the Clerk of the House of
18 Representatives and the President, the Minority Leader and
19 the Secretary of the Senate and the Legislative Research
20 Agency Unit, as required by Section 3.1 of "An Act to revise
21 the law in relation to the General Assembly", approved
22 February 25, 1874, as amended, and filing such additional
23 copies with the State Government Report Distribution Center
24 for the General Assembly as is required under paragraph (t)
25 of Section 7 of the State Library Act.
26 (Source: P.A. 84-1438.)
27 Section 10-120. The School Code is amended by changing
28 Sections 2-3.39, 14B-7, and 34A-606 as follows:
29 (105 ILCS 5/2-3.39) (from Ch. 122, par. 2-3.39)
30 Sec. 2-3.39. Department of Transitional Bilingual
31 Education. To establish a Department of Transitional
32 Bilingual Education. In selecting staff for the Department of
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1 Transitional Bilingual Education the State Board of Education
2 shall give preference to persons who are natives of foreign
3 countries where languages to be used in transitional
4 bilingual education programs are the predominant languages.
5 The Department of Transitional Bilingual Education has the
6 power and duty to:
7 (1) Administer and enforce the provisions of Article 14C
8 of this Code including the power to promulgate any necessary
9 rules and regulations.
10 (2) Study, review, and evaluate all available resources
11 and programs that, in whole or in part, are or could be
12 directed towards meeting the language capability needs of
13 children and adults of limited English-speaking ability
14 residing in the State.
15 (3) Gather information about the theory and practice of
16 bilingual education in this State and elsewhere, and
17 encourage experimentation and innovation in the field of
18 bilingual education.
19 (4) Provide for the maximum practical involvement of
20 parents of bilingual children, transitional bilingual
21 education teachers, representatives of community groups,
22 educators, and laymen knowledgeable in the field of bilingual
23 education in the formulation of policy and procedures
24 relating to the administration of Article 14C of this Code.
25 (5) Consult with other public departments and agencies,
26 including but not limited to the Department of Community
27 Affairs, the Department of Public Welfare, the Division of
28 Employment Security, the Commission Against Discrimination,
29 and the United States Department of Health, Education, and
30 Welfare in connection with the administration of Article 14C
31 of this Code.
32 (6) Make recommendations in the areas of preservice and
33 in-service training for transitional bilingual education
34 teachers, curriculum development, testing and testing
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1 mechanisms, and the development of materials for transitional
2 bilingual education programs.
3 (7) Undertake any further activities which may assist in
4 the full implementation of Article 14C of this Code and to
5 make an annual report to the General Assembly to include an
6 evaluation of the program, the need for continuing such a
7 program, and recommendations for improvement.
8 The requirement for reporting to the General Assembly
9 shall be satisfied by filing copies of the report with the
10 Speaker, the Minority Leader and the Clerk of the House of
11 Representatives and the President, the Minority Leader and
12 the Secretary of the Senate and the Legislative Research
13 Agency Unit, as required by Section 3.1 of "An Act to revise
14 the law in relation to the General Assembly", approved
15 February 25, 1874, as amended, and filing such additional
16 copies with the State Government Report Distribution Center
17 for the General Assembly as is required under paragraph (t)
18 of Section 7 of the State Library Act.
19 (Source: P.A. 84-1438.)
20 (105 ILCS 5/14B-7) (from Ch. 122, par. 14B-7)
21 Sec. 14B-7. Rules and regulations. The State Board of
22 Education shall adopt such rules and regulations as are
23 necessary to enable it to carry out its duties and
24 responsibilities under this Article, including rules and
25 regulations which (a) prescribe the procedure by which
26 proposals shall be submitted for approval, (b) require the
27 submission of such reports as will permit the evaluation of
28 compensatory education programs and the accumulation of
29 information which will be useful in developing suggestions,
30 policies and requirements for improvement of such programs
31 generally.
32 By July 10, annually, the superintendent of the school
33 district or other chief administrative officer of the
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1 applicant shall certify to the County Superintendent of
2 Schools, in whose county the largest number of children in
3 the program reside, upon forms prescribed by the
4 Superintendent of Public Instruction, the applicant's claim
5 for reimbursement for the school year ending on June 30th
6 next preceding. The County Superintendent of Schools shall
7 check all such claims to ascertain compliance with the
8 prescribed standards and upon his approval shall by July 25th
9 certify to the Superintendent of Public Instruction the
10 county report of claims for reimbursements. The State
11 Superintendent of Education shall check and upon approval
12 transmit by September 15th to the State Comptroller vouchers
13 showing the amounts due respective applicants for their
14 reimbursement claims. In any year the total reimbursements
15 paid to an applicant having a population of 500,000 or more
16 inhabitants shall not exceed 5/18 of the appropriation made
17 by the General Assembly for reimbursements to school
18 districts and other applicants under Section 14B-5 of this
19 Act, and the total amount of reimbursements to all other
20 applicants shall not exceed 2/9 of such appropriation. If the
21 amount appropriated for such reimbursements for any year is
22 insufficient to pay the claims in full, the total amount
23 shall be apportioned on the basis of the claims approved.
24 On or before January 20 of the odd numbered year the
25 State Superintendent of Education shall prepare for the
26 General Assembly a report on the programs and the claims,
27 including detailed accounts for the last two years which the
28 district superintendents have submitted to the State Board of
29 Education. This will enable the General Assembly to review in
30 detail the scope of the total program and the desirability of
31 whether or not to continue such a program.
32 The requirement for reporting to the General Assembly
33 shall be satisfied by filing copies of the report with the
34 Speaker, the Minority Leader and the Clerk of the House of
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1 Representatives and the President, the Minority Leader and
2 the Secretary of the Senate and the Legislative Research
3 Agency Unit, as required by Section 3.1 of "An Act to revise
4 the law in relation to the General Assembly", approved
5 February 25, 1874, as amended, and filing such additional
6 copies with the State Government Report Distribution Center
7 for the General Assembly as is required under paragraph (t)
8 of Section 7 of the State Library Act.
9 (Source: P.A. 88-641, eff. 9-9-94.)
10 (105 ILCS 5/34A-606) (from Ch. 122, par. 34A-606)
11 Sec. 34A-606. Reports.
12 (a) The Directors, upon taking office and annually
13 thereafter, shall prepare and submit to the Governor, Mayor,
14 General Assembly, and City Council a report which shall
15 include the audited financial statement for the preceding
16 Fiscal Year of the Board, an approved Financial Plan or a
17 statement of reasons for the failure to adopt such a
18 Financial Plan, a statement of the major steps necessary to
19 accomplish the objectives of the Financial Plan, and a
20 request for any legislation necessary to achieve the
21 objectives of the Financial Plan.
22 (b) Annual reports shall be submitted on or before May 1
23 of each year.
24 (c) The requirement for reporting to the General
25 Assembly shall be satisfied by filing copies of the report
26 with the Board, the Governor, the Mayor and also the Speaker,
27 the Minority Leader and the Clerk of the House of
28 Representatives and the President, the Minority Leader and
29 the Secretary of the Senate and the Legislative Research
30 Agency Unit, as required by Section 3.1 of "An Act to revise
31 the law in relation to the General Assembly", approved
32 February 25, 1874, as amended, and filing such additional
33 copies with the State Government Report Distribution Center
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1 for the General Assembly as is required under paragraph (t)
2 of Section 7 of the State Library Act.
3 (d) Each annual report required to be submitted through
4 May 1, 1995, shall also include: (i) a description of the
5 activities of the Authority; (ii) an analysis of the
6 educational performance of the Board for the preceding school
7 year; (iii) an Approved System-Wide Educational Reform Goals
8 and Objectives Plan or a statement of reasons for the failure
9 to adopt such an Approved System-Wide Educational Reform
10 Goals and Objectives Plan; (iv) a statement of the major
11 steps necessary to accomplish the goals of the Approved
12 System-Wide Educational Reform Goals and Objectives Plan; (v)
13 a commentary with respect to those Board policies and rules
14 and those provisions of The School Code and collective
15 bargaining agreements between the Board and its employees
16 which, in the opinion of the Authority, are obstacles and a
17 hindrance to fulfillment of any Approved System-Wide
18 Educational Reform Goals and Objectives Plan; and (vi) a
19 request for any legislative action necessary to achieve the
20 goals of the Approved System-Wide Educational Reform Goals
21 and Objectives Plan.
22 (Source: P.A. 85-1418; 86-1477.)
23 Section 10-125. The School District Educational
24 Effectiveness and Fiscal Efficiency Act is amended by
25 changing Sections 4 and 9.04 as follows:
26 (105 ILCS 205/4) (from Ch. 122, par. 874)
27 Sec. 4. Reports. The Superintendent of Public
28 Instruction shall, in cooperation with school districts
29 participating under this Act, report annually to the General
30 Assembly, the School Problems Commission and the Governor on
31 the progress made in implementing this Act.
32 The requirement for reporting to the General Assembly
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1 shall be satisfied by filing copies of the report with the
2 Speaker, the Minority Leader and the Clerk of the House of
3 Representatives and the President, the Minority Leader and
4 the Secretary of the Senate and the Legislative Research
5 Agency Unit, as required by Section 3.1 of "An Act to revise
6 the law in relation to the General Assembly", approved
7 February 25, 1874, as amended, and filing such additional
8 copies with the State Government Report Distribution Center
9 for the General Assembly as is required under paragraph (t)
10 of Section 7 of the State Library Act.
11 (Source: P.A. 84-1438.)
12 (110 ILCS 205/9.04) (from Ch. 144, par. 189.04)
13 Sec. 9.04. To submit to the Governor and the General
14 Assembly on or before the first Monday in February of each
15 odd numbered year a written report covering the activities
16 engaged in and recommendations made by it during the 2
17 calendar years which ended on December 31 of the last
18 preceding even numbered year.
19 The requirement for reporting to the General Assembly
20 shall be satisfied by filing copies of the report with the
21 Speaker, the Minority Leader and the Clerk of the House of
22 Representatives and the President, the Minority Leader and
23 the Secretary of the Senate and the Legislative Research
24 Agency Unit, as required by Section 3.1 of "An Act to revise
25 the law in relation to the General Assembly", approved
26 February 25, 1874, as amended, and filing such additional
27 copies with the State Government Report Distribution Center
28 for the General Assembly as is required under paragraph (t)
29 of Section 7 of the State Library Act.
30 (Source: P.A. 84-1438.)
31 Section 10-130. The Public Community College Act is
32 amended by changing Section 2-10 as follows:
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1 (110 ILCS 805/2-10) (from Ch. 122, par. 102-10)
2 Sec. 2-10. The State Board shall make a thorough,
3 comprehensive and continuous study of the status of community
4 college education, its problems, needs for improvement, and
5 projected developments and shall make a detailed report
6 thereof to the General Assembly not later than March 1 of
7 each odd-numbered year and shall submit recommendations for
8 such legislation as it deems necessary.
9 The requirement for reporting to the General Assembly
10 shall be satisfied by filing copies of the report with the
11 Speaker, the Minority Leader and the Clerk of the House of
12 Representatives and the President, the Minority Leader and
13 the Secretary of the Senate and the Legislative Research
14 Agency Unit, as required by Section 3.1 of "An Act to revise
15 the law in relation to the General Assembly", approved
16 February 25, 1874, as amended, and filing such additional
17 copies with the State Government Report Distribution Center
18 for the General Assembly as is required under paragraph (t)
19 of Section 7 of the State Library Act.
20 (Source: P.A. 84-1438.)
21 Section 10-135. The Family Practice Residency Act is
22 amended by changing Section 9 as follows:
23 (110 ILCS 935/9) (from Ch. 144, par. 1459)
24 Sec. 9. The Department shall annually report to the
25 General Assembly and the Governor the results and progress of
26 the programs established by this Act on or before March 15th.
27 The annual report to the General Assembly and the
28 Governor shall include the impact of programs established
29 under this Act on the ability of designated shortage areas to
30 attract and retain physicians and other health care
31 personnel. The report shall include recommendations to
32 improve that ability.
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1 The requirement for reporting to the General Assembly
2 shall be satisfied by filing copies of the report with the
3 Speaker, the Minority Leader and the Clerk of the House of
4 Representatives and the President, the Minority Leader and
5 the Secretary of the Senate and the Legislative Research
6 Agency Unit, as required by Section 3.1 of the General
7 Assembly Organization Act, and filing such additional copies
8 with the State Government Report Distribution Center for the
9 General Assembly as is required under paragraph (t) of
10 Section 7 of the State Library Act.
11 (Source: P.A. 86-965; 87-430; 87-633; 87-895.)
12 Section 10-140. The Governor's Scholars Board of
13 Sponsors Act is amended by changing Section 4 as follows:
14 (110 ILCS 940/4) (from Ch. 127, par. 63b134)
15 Sec. 4. The Board of Sponsors shall make a detailed
16 report of its activities and recommendations to the 77th
17 General Assembly and to the Governor not later than February
18 1, 1971 and by February 1 of each odd numbered year
19 thereafter and shall submit recommendations for such
20 legislation as it deems necessary.
21 The requirement for reporting to the General Assembly
22 shall be satisfied by filing copies of the report with the
23 Speaker, the Minority Leader and the Clerk of the House of
24 Representatives and the President, the Minority Leader and
25 the Secretary of the Senate and the Legislative Research
26 Agency Unit, as required by Section 3.1 of "An Act to revise
27 the law in relation to the General Assembly", approved
28 February 25, 1874, as amended, and filing such additional
29 copies with the State Government Report Distribution Center
30 for the General Assembly as is required under paragraph (t)
31 of Section 7 of the State Library Act.
32 (Source: P.A. 84-1438.)
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1 Section 10-145. The Podiatric Scholarship and Residency
2 Act is amended by changing Section 25 as follows:
3 (110 ILCS 978/25)
4 Sec. 25. Annual reports. The Department shall annually
5 report to the General Assembly and the Governor the results
6 and progress of the programs established by this Act on or
7 before March 15th.
8 The Department shall, no later than July 1, 1994, report
9 to the General Assembly and the Governor concerning the
10 impact of programs established under this Act on the ability
11 of designated shortage areas to attract and retain podiatric
12 physicians and other health care personnel. The report shall
13 include recommendations to improve that ability.
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 Agency Unit, as required by Section 3.1 of the General
20 Assembly Organization Act, and filing additional copies with
21 the State Government Report Distribution Center for the
22 General Assembly that are required under paragraph (t) of
23 Section 7 of the State Library Act.
24 (Source: P.A. 87-1195.)
25 Section 10-150. The Illinois Savings and Loan Act of
26 1985 is amended by changing Section 7-8 as follows:
27 (205 ILCS 105/7-8) (from Ch. 17, par. 3307-8)
28 Sec. 7-8. Commissioner's report to the Governor and the
29 General Assembly. The Commissioner shall prepare and transmit
30 to the Governor and the General Assembly of this State on or
31 before June 30 of each year an annual report on the condition
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1 of all associations operating under this Act. Such report
2 shall include, but shall not be limited to, a condensed
3 report on the financial condition of all associations and a
4 listing and analysis of those instances where the
5 Commissioner is required to resort to the courts of this
6 State to enforce his orders, with recommendations as to
7 alternatives to such court action in each instance. The
8 Commissioner may cause a copy of such report, or any part
9 thereof, to be printed and circulated.
10 The requirement for reporting to the General Assembly
11 shall be satisfied by filing copies of the report with the
12 Speaker, the Minority Leader and the Clerk of the House of
13 Representatives and the President, the Minority Leader and
14 the Secretary of the Senate and the Legislative Research
15 Agency Unit, as required by Section 3.1 of "An Act to revise
16 the law in relation to the General Assembly", approved
17 February 25, 1874, as amended, and filing such additional
18 copies with the State Government Report Distribution Center
19 for the General Assembly as is required under paragraph (t)
20 of Section 7 of the State Library Act.
21 (Source: P.A. 84-543.)
22 Section 10-155. The Illinois Hospital Construction Act
23 is amended by changing Section 3 as follows:
24 (210 ILCS 75/3) (from Ch. 23, par. 1303)
25 Sec. 3. In carrying out the purposes of this Act, the
26 Director is authorized and directed:
27 (a) To require such reports, make such inspections and
28 investigations and prescribe such regulations as he deems
29 necessary;
30 (b) To provide such methods of administration, appoint
31 such personnel, subject to the State Civil Service Law, and
32 take such other action as may be necessary to effectuate the
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1 purposes of this Act;
2 (c) To procure in his discretion the temporary or
3 intermittent services of experts or consultants or
4 organizations thereof, by contract, when such services are to
5 be performed on a part-time or fee-for-service basis and do
6 not involve the performance of administrative duties;
7 (d) To the extent that he considers desirable to
8 effectuate the purposes of this Act, to enter into agreements
9 for the utilization of the facilities and services of other
10 departments, agencies, and institutions, public or private;
11 (e) To accept on behalf of the state and to deposit with
12 the State Treasurer, except as otherwise provided by law, any
13 grant, gift or contribution made to assist in meeting the
14 cost of carrying out the purposes of this Act, and to expend
15 the same for such purpose;
16 (f) To make an annual report to the Governor and a
17 biennial report to the General Assembly on activities and
18 expenditures pursuant to this Act, including recommendations
19 for such additional legislation as the Director considers
20 appropriate to furnish adequate hospital, clinic, and similar
21 facilities to the people of this state.
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 Agency Unit, as required by Section 3.1 of "An Act to revise
28 the law in relation to the General Assembly", approved
29 February 25, 1874, as amended, and filing such additional
30 copies with the State Government Report Distribution Center
31 for the General Assembly as is required under paragraph (t)
32 of Section 7 of the State Library Act.
33 (Source: P.A. 84-1438.)
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1 Section 10-160. The Hospital Licensing Act is amended by
2 changing Section 6.05 as follows:
3 (210 ILCS 85/6.05) (from Ch. 111 1/2, par. 147.05)
4 Sec. 6.05. The Department shall prescribe, by
5 regulation, standards for facilities for the mentally ill and
6 separate standards for facilities for the mentally retarded
7 which shall apply to State residential institutions under the
8 jurisdiction of the Department of Human Services. The
9 Department shall also prescribe, by regulation, separate
10 standards for residential facilities under the jurisdiction
11 of the Department of Public Health, Department of Veterans'
12 Affairs and Board of Vocational Rehabilitation. In
13 developing the standards, the Department of Public Health
14 shall consider the guidelines of the federal government in
15 determining eligibility under Title XVIII and Title XIX of
16 the Social Security Act. The Department shall develop the
17 standards in cooperation with the departments having
18 jurisdiction over the various facilities and shall consult
19 with the directors of the Departments before adopting or
20 amending the regulations.
21 The Department of Public Health shall inspect all State
22 owned and operated residential facilities to determine
23 whether the standards promulgated under this Section are
24 being met. Such inspections shall be made at least once each
25 year but may be conducted more frequently if the Department
26 determines it necessary or desirable.
27 Not more than 60 days after the inspection of each
28 facility conducted under this Section, the Department shall
29 make available to each State agency or person requesting it a
30 report detailing the findings of the inspection and the
31 conclusions of the Department as to whether the standards are
32 being met.
33 Not later than December 31 of each year the Department of
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1 Public Health shall submit a report to the Governor and the
2 General Assembly indicating the facilities inspected,
3 summarizing the findings, and recommending such remedies as
4 the Department of Public Health deems necessary to secure the
5 achievement of the purposes of this Act.
6 The requirement for reporting to the General Assembly
7 shall be satisfied by filing copies of the report with the
8 Speaker, the Minority Leader and the Clerk of the House of
9 Representatives and the President, the Minority Leader and
10 the Secretary of the Senate and the Legislative Research
11 Agency Unit, as required by Section 3.1 of "An Act to revise
12 the law in relation to the General Assembly", approved
13 February 25, 1874, as amended, and filing such additional
14 copies with the State Government Report Distribution Center
15 for the General Assembly as is required under paragraph (t)
16 of Section 7 of the State Library Act.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 Section 10-165. The Coal Mining Act is amended by
19 changing Section 4.18 as follows:
20 (225 ILCS 705/4.18) (from Ch. 96 1/2, par. 418)
21 Sec. 4.18. On the receipt of each State Mine Inspector's
22 report the Mining Board shall compile and summarize the data
23 to be included in the report of the Mining Board, known as
24 the Annual Coal Report, which shall within four months
25 thereafter, be printed, bound, and transmitted to the
26 Governor and General Assembly for the information of the
27 public. The printing and binding of the Annual Coal Reports
28 shall be provided for by the Department of Central Management
29 Services in like manner and numbers, as it provides for the
30 publication of other official reports.
31 The requirement for reporting to the General Assembly
32 shall be satisfied by filing copies of the report with the
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1 Speaker, the Minority Leader and the Clerk of the House of
2 Representatives and the President, the Minority Leader and
3 the Secretary of the Senate and the Legislative Research
4 Agency Unit, as required by Section 3.1 of "An Act to revise
5 the law in relation to the General Assembly", approved
6 February 25, 1874, as amended, and filing such additional
7 copies with the State Government Report Distribution Center
8 for the General Assembly as is required under paragraph (t)
9 of Section 7 of the State Library Act.
10 (Source: P.A. 84-1438.)
11 Section 10-170. The Illinois Public Aid Code is amended
12 by changing Sections 5-5, 5-5.8, and 12-5 as follows:
13 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
14 Sec. 5-5. Medical services. The Illinois Department, by
15 rule, shall determine the quantity and quality of and the
16 rate of reimbursement for the medical assistance for which
17 payment will be authorized, and the medical services to be
18 provided, which may include all or part of the following: (1)
19 inpatient hospital services; (2) outpatient hospital
20 services; (3) other laboratory and X-ray services; (4)
21 skilled nursing home services; (5) physicians' services
22 whether furnished in the office, the patient's home, a
23 hospital, a skilled nursing home, or elsewhere; (6) medical
24 care, or any other type of remedial care furnished by
25 licensed practitioners; (7) home health care services; (8)
26 private duty nursing service; (9) clinic services; (10)
27 dental services; (11) physical therapy and related services;
28 (12) prescribed drugs, dentures, and prosthetic devices; and
29 eyeglasses prescribed by a physician skilled in the diseases
30 of the eye, or by an optometrist, whichever the person may
31 select; (13) other diagnostic, screening, preventive, and
32 rehabilitative services; (14) transportation and such other
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1 expenses as may be necessary; (15) medical treatment of
2 sexual assault survivors, as defined in Section 1a of the
3 Sexual Assault Survivors Emergency Treatment Act, for
4 injuries sustained as a result of the sexual assault,
5 including examinations and laboratory tests to discover
6 evidence which may be used in criminal proceedings arising
7 from the sexual assault; (16) the diagnosis and treatment of
8 sickle cell anemia; and (17) any other medical care, and any
9 other type of remedial care recognized under the laws of this
10 State, but not including abortions, or induced miscarriages
11 or premature births, unless, in the opinion of a physician,
12 such procedures are necessary for the preservation of the
13 life of the woman seeking such treatment, or except an
14 induced premature birth intended to produce a live viable
15 child and such procedure is necessary for the health of the
16 mother or her unborn child. The Illinois Department, by rule,
17 shall prohibit any physician from providing medical
18 assistance to anyone eligible therefor under this Code where
19 such physician has been found guilty of performing an
20 abortion procedure in a wilful and wanton manner upon a woman
21 who was not pregnant at the time such abortion procedure was
22 performed. The term "any other type of remedial care" shall
23 include nursing care and nursing home service for persons who
24 rely on treatment by spiritual means alone through prayer for
25 healing.
26 The Illinois Department of Public Aid shall provide the
27 following services to persons eligible for assistance under
28 this Article who are participating in education, training or
29 employment programs operated by the Department of Human
30 Services as successor to the Department of Public Aid:
31 (1) dental services, which shall include but not be
32 limited to prosthodontics; and
33 (2) eyeglasses prescribed by a physician skilled in
34 the diseases of the eye, or by an optometrist, whichever
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1 the person may select.
2 The Illinois Department, by rule, may distinguish and
3 classify the medical services to be provided only in
4 accordance with the classes of persons designated in Section
5 5-2.
6 The Illinois Department shall authorize the provision of,
7 and shall authorize payment for, screening by low-dose
8 mammography for the presence of occult breast cancer for
9 women 35 years of age or older who are eligible for medical
10 assistance under this Article, as follows: a baseline
11 mammogram for women 35 to 39 years of age and an annual
12 mammogram for women 40 years of age or older. All screenings
13 shall include a physical breast exam, instruction on
14 self-examination and information regarding the frequency of
15 self-examination and its value as a preventative tool. As
16 used in this Section, "low-dose mammography" means the x-ray
17 examination of the breast using equipment dedicated
18 specifically for mammography, including the x-ray tube,
19 filter, compression device, image receptor, and cassettes,
20 with an average radiation exposure delivery of less than one
21 rad mid-breast, with 2 views for each breast.
22 Any medical or health care provider shall immediately
23 recommend, to any pregnant woman who is being provided
24 prenatal services and is suspected of drug abuse or is
25 addicted as defined in the Alcoholism and Other Drug Abuse
26 and Dependency Act, referral to a local substance abuse
27 treatment provider licensed by the Department of Human
28 Services or to a licensed hospital which provides substance
29 abuse treatment services. The Department of Public Aid shall
30 assure coverage for the cost of treatment of the drug abuse
31 or addiction for pregnant recipients in accordance with the
32 Illinois Medicaid Program in conjunction with the Department
33 of Human Services.
34 All medical providers providing medical assistance to
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1 pregnant women under this Code shall receive information from
2 the Department on the availability of services under the Drug
3 Free Families with a Future or any comparable program
4 providing case management services for addicted women,
5 including information on appropriate referrals for other
6 social services that may be needed by addicted women in
7 addition to treatment for addiction.
8 The Illinois Department, in cooperation with the
9 Departments of Human Services (as successor to the Department
10 of Alcoholism and Substance Abuse) and Public Health, through
11 a public awareness campaign, may provide information
12 concerning treatment for alcoholism and drug abuse and
13 addiction, prenatal health care, and other pertinent programs
14 directed at reducing the number of drug-affected infants born
15 to recipients of medical assistance.
16 Neither the Illinois Department of Public Aid nor the
17 Department of Human Services shall sanction the recipient
18 solely on the basis of her substance abuse.
19 The Illinois Department shall establish such regulations
20 governing the dispensing of health services under this
21 Article as it shall deem appropriate. In formulating these
22 regulations the Illinois Department shall consult with and
23 give substantial weight to the recommendations offered by the
24 Citizens Assembly/Council on Public Aid. The Department
25 should seek the advice of formal professional advisory
26 committees appointed by the Director of the Illinois
27 Department for the purpose of providing regular advice on
28 policy and administrative matters, information dissemination
29 and educational activities for medical and health care
30 providers, and consistency in procedures to the Illinois
31 Department.
32 The Illinois Department may develop and contract with
33 Partnerships of medical providers to arrange medical services
34 for persons eligible under Section 5-2 of this Code.
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1 Implementation of this Section may be by demonstration
2 projects in certain geographic areas. The Partnership shall
3 be represented by a sponsor organization. The Department, by
4 rule, shall develop qualifications for sponsors of
5 Partnerships. Nothing in this Section shall be construed to
6 require that the sponsor organization be a medical
7 organization.
8 The sponsor must negotiate formal written contracts with
9 medical providers for physician services, inpatient and
10 outpatient hospital care, home health services, treatment for
11 alcoholism and substance abuse, and other services determined
12 necessary by the Illinois Department by rule for delivery by
13 Partnerships. Physician services must include prenatal and
14 obstetrical care. The Illinois Department shall reimburse
15 medical services delivered by Partnership providers to
16 clients in target areas according to provisions of this
17 Article and the Illinois Health Finance Reform Act, except
18 that:
19 (1) Physicians participating in a Partnership and
20 providing certain services, which shall be determined by
21 the Illinois Department, to persons in areas covered by
22 the Partnership may receive an additional surcharge for
23 such services.
24 (2) The Department may elect to consider and
25 negotiate financial incentives to encourage the
26 development of Partnerships and the efficient delivery of
27 medical care.
28 (3) Persons receiving medical services through
29 Partnerships may receive medical and case management
30 services above the level usually offered through the
31 medical assistance program.
32 Medical providers shall be required to meet certain
33 qualifications to participate in Partnerships to ensure the
34 delivery of high quality medical services. These
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1 qualifications shall be determined by rule of the Illinois
2 Department and may be higher than qualifications for
3 participation in the medical assistance program. Partnership
4 sponsors may prescribe reasonable additional qualifications
5 for participation by medical providers, only with the prior
6 written approval of the Illinois Department.
7 Nothing in this Section shall limit the free choice of
8 practitioners, hospitals, and other providers of medical
9 services by clients.
10 The Department shall apply for a waiver from the United
11 States Health Care Financing Administration to allow for the
12 implementation of Partnerships under this Section.
13 The Illinois Department shall require health care
14 providers to maintain records that document the medical care
15 and services provided to recipients of Medical Assistance
16 under this Article. The Illinois Department shall require
17 health care providers to make available, when authorized by
18 the patient, in writing, the medical records in a timely
19 fashion to other health care providers who are treating or
20 serving persons eligible for Medical Assistance under this
21 Article. All dispensers of medical services shall be
22 required to maintain and retain business and professional
23 records sufficient to fully and accurately document the
24 nature, scope, details and receipt of the health care
25 provided to persons eligible for medical assistance under
26 this Code, in accordance with regulations promulgated by the
27 Illinois Department. The rules and regulations shall require
28 that proof of the receipt of prescription drugs, dentures,
29 prosthetic devices and eyeglasses by eligible persons under
30 this Section accompany each claim for reimbursement submitted
31 by the dispenser of such medical services. No such claims for
32 reimbursement shall be approved for payment by the Illinois
33 Department without such proof of receipt, unless the Illinois
34 Department shall have put into effect and shall be operating
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1 a system of post-payment audit and review which shall, on a
2 sampling basis, be deemed adequate by the Illinois Department
3 to assure that such drugs, dentures, prosthetic devices and
4 eyeglasses for which payment is being made are actually being
5 received by eligible recipients. Within 90 days after the
6 effective date of this amendatory Act of 1984, the Illinois
7 Department shall establish a current list of acquisition
8 costs for all prosthetic devices and any other items
9 recognized as medical equipment and supplies reimbursable
10 under this Article and shall update such list on a quarterly
11 basis, except that the acquisition costs of all prescription
12 drugs shall be updated no less frequently than every 30 days
13 as required by Section 5-5.12.
14 The rules and regulations of the Illinois Department
15 shall require that a written statement including the required
16 opinion of a physician shall accompany any claim for
17 reimbursement for abortions, or induced miscarriages or
18 premature births. This statement shall indicate what
19 procedures were used in providing such medical services.
20 The Illinois Department shall require that all dispensers
21 of medical services, other than an individual practitioner or
22 group of practitioners, desiring to participate in the
23 Medical Assistance program established under this Article to
24 disclose all financial, beneficial, ownership, equity, surety
25 or other interests in any and all firms, corporations,
26 partnerships, associations, business enterprises, joint
27 ventures, agencies, institutions or other legal entities
28 providing any form of health care services in this State
29 under this Article.
30 The Illinois Department may require that all dispensers
31 of medical services desiring to participate in the medical
32 assistance program established under this Article disclose,
33 under such terms and conditions as the Illinois Department
34 may by rule establish, all inquiries from clients and
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1 attorneys regarding medical bills paid by the Illinois
2 Department, which inquiries could indicate potential
3 existence of claims or liens for the Illinois Department.
4 The Illinois Department shall establish policies,
5 procedures, standards and criteria by rule for the
6 acquisition, repair and replacement of orthotic and
7 prosthetic devices and durable medical equipment. Such rules
8 shall provide, but not be limited to, the following services:
9 (1) immediate repair or replacement of such devices by
10 recipients without medical authorization; and (2) rental,
11 lease, purchase or lease-purchase of durable medical
12 equipment in a cost-effective manner, taking into
13 consideration the recipient's medical prognosis, the extent
14 of the recipient's needs, and the requirements and costs for
15 maintaining such equipment. Such rules shall enable a
16 recipient to temporarily acquire and use alternative or
17 substitute devices or equipment pending repairs or
18 replacements of any device or equipment previously authorized
19 for such recipient by the Department. Rules under clause (2)
20 above shall not provide for purchase or lease-purchase of
21 durable medical equipment or supplies used for the purpose of
22 oxygen delivery and respiratory care.
23 The Department shall execute, relative to the nursing
24 home prescreening project, written inter-agency agreements
25 with the Department of Human Services and the Department on
26 Aging, to effect the following: (i) intake procedures and
27 common eligibility criteria for those persons who are
28 receiving non-institutional services; and (ii) the
29 establishment and development of non-institutional services
30 in areas of the State where they are not currently available
31 or are undeveloped.
32 The Illinois Department shall develop and operate, in
33 cooperation with other State Departments and agencies and in
34 compliance with applicable federal laws and regulations,
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1 appropriate and effective systems of health care evaluation
2 and programs for monitoring of utilization of health care
3 services and facilities, as it affects persons eligible for
4 medical assistance under this Code. The Illinois Department
5 shall report regularly the results of the operation of such
6 systems and programs to the Citizens Assembly/Council on
7 Public Aid to enable the Committee to ensure, from time to
8 time, that these programs are effective and meaningful.
9 The Illinois Department shall report annually to the
10 General Assembly, no later than the second Friday in April of
11 1979 and each year thereafter, in regard to:
12 (a) actual statistics and trends in utilization of
13 medical services by public aid recipients;
14 (b) actual statistics and trends in the provision
15 of the various medical services by medical vendors;
16 (c) current rate structures and proposed changes in
17 those rate structures for the various medical vendors;
18 and
19 (d) efforts at utilization review and control by
20 the Illinois Department.
21 The period covered by each report shall be the 3 years
22 ending on the June 30 prior to the report. The report shall
23 include suggested legislation for consideration by the
24 General Assembly. The filing of one copy of the report with
25 the Speaker, one copy with the Minority Leader and one copy
26 with the Clerk of the House of Representatives, one copy with
27 the President, one copy with the Minority Leader and one copy
28 with the Secretary of the Senate, one copy with the
29 Legislative Research Agency Unit, such additional copies with
30 the State Government Report Distribution Center for the
31 General Assembly as is required under paragraph (t) of
32 Section 7 of the State Library Act and one copy with the
33 Citizens Assembly/Council on Public Aid or its successor
34 shall be deemed sufficient to comply with this Section.
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1 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
2 89-517, eff. 1-1-97; 90-7, eff. 6-10-97; 90-14, eff. 7-1-97.)
3 (305 ILCS 5/5-5.8) (from Ch. 23, par. 5-5.8)
4 Sec. 5-5.8. Report on nursing home reimbursement. The
5 Illinois Department shall report annually to the General
6 Assembly, no later than the first Monday in April of 1982,
7 and each year thereafter, in regard to:
8 (a) the rate structure used by the Illinois Department
9 to reimburse nursing facilities;
10 (b) changes in the rate structure for reimbursing
11 nursing facilities;
12 (c) the administrative and program costs of reimbursing
13 nursing facilities;
14 (d) the availability of beds in nursing facilities for
15 public aid recipients; and
16 (e) the number of closings of nursing facilities, and
17 the reasons for those closings.
18 The requirement for reporting to the General Assembly
19 shall be satisfied by filing copies of the report with the
20 Speaker, the Minority Leader and the Clerk of the House of
21 Representatives and the President, the Minority Leader and
22 the Secretary of the Senate and the Legislative Research
23 Agency Unit, as required by Section 3.1 of "An Act to revise
24 the law in relation to the General Assembly", approved
25 February 25, 1874, as amended, and filing such additional
26 copies with the State Government Report Distribution Center
27 for the General Assembly as is required under paragraph (t)
28 of Section 7 of the State Library Act.
29 (Source: P.A. 84-1438.)
30 (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
31 Sec. 12-5. Appropriations; uses; federal grants; report
32 to General Assembly. From the sums appropriated by the
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1 General Assembly, the Illinois Department shall order for
2 payment by warrant from the State Treasury grants for public
3 aid under Articles III, IV, V and VII, including grants for
4 funeral and burial expenses, and all costs of administration
5 of the Illinois Department and the County Departments
6 relating thereto. Moneys appropriated to the Illinois
7 Department for public aid under Article VI may be used, with
8 the consent of the Governor, to co-operate with federal,
9 State, and local agencies in the development of work projects
10 designed to provide suitable employment for persons receiving
11 public aid under Article VI. The Illinois Department, with
12 the consent of the Governor, may be the agent of the State
13 for the receipt and disbursement of federal funds or
14 commodities for public aid purposes under Article VI and for
15 related purposes in which the co-operation of the Illinois
16 Department is sought by the federal government, and, in
17 connection therewith, may make necessary expenditures from
18 moneys appropriated for public aid under any Article of this
19 Code and for administration. The Illinois Department, with
20 the consent of the Governor, may be the agent of the State
21 for the receipt and disbursement of federal funds pursuant to
22 the Immigration Reform and Control Act of 1986 and may make
23 necessary expenditures from monies appropriated to it for
24 operations, administration, and grants, including payment to
25 the Health Insurance Reserve Fund for group insurance costs
26 at the rate certified by the Department of Central Management
27 Services. All amounts received by the Illinois Department
28 pursuant to the Immigration Reform and Control Act of 1986
29 shall be deposited in the Immigration Reform and Control
30 Fund. All amounts received into the Immigration Reform and
31 Control Fund as reimbursement for expenditures from the
32 General Revenue Fund shall be transferred to the General
33 Revenue Fund.
34 All grants received by the Illinois Department for
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1 programs funded by the Federal Social Services Block Grant
2 shall be deposited in the Social Services Block Grant Fund.
3 All funds received into the Social Services Block Grant Fund
4 as reimbursement for expenditures from the General Revenue
5 Fund shall be transferred to the General Revenue Fund. All
6 funds received into the Social Services Block Grant fund for
7 reimbursement for expenditure out of the Local Initiative
8 Fund shall be transferred into the Local Initiative Fund.
9 Any other federal funds received into the Social Services
10 Block Grant Fund shall be transferred to the Special Purposes
11 Trust Fund. All federal funds received by the Illinois
12 Department as reimbursement for Employment and Training
13 Programs for expenditures made by the Illinois Department
14 from grants, gifts, or legacies as provided in Section
15 12-4.18 or made by an entity other than the Illinois
16 Department shall be deposited into the Employment and
17 Training Fund, except that federal funds received as
18 reimbursement as a result of the appropriation made for the
19 costs of providing adult education to public assistance
20 recipients under the "Adult Education, Public Assistance
21 Fund" shall be deposited into the General Revenue Fund;
22 provided, however, that all funds, except those that are
23 specified in an interagency agreement between the Illinois
24 Community College Board and the Illinois Department, that are
25 received by the Illinois Department as reimbursement under
26 the JOBS program for expenditures that are made by the
27 Illinois Community College Board or any public community
28 college of this State shall be credited to a special account
29 that the State Treasurer shall establish and maintain within
30 the Employment and Training Fund for the purpose of
31 segregating the reimbursements received for expenditures made
32 by those entities. As reimbursements are deposited into the
33 Employment and Training Fund, the Illinois Department shall
34 certify to the State Comptroller and State Treasurer the
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1 amount that is to be credited to the special account
2 established within that Fund as a reimbursement for
3 expenditures under the JOBS program made by the Illinois
4 Community College Board or any of the public community
5 colleges. All amounts credited to the special account
6 established and maintained within the Employment and Training
7 Fund as provided in this Section shall be held for transfer
8 to the AFDC Opportunities Fund as provided in subsection (d)
9 of Section 12-10.3, and shall not be transferred to any other
10 fund or used for any other purpose.
11 Any or all federal funds received as reimbursement for
12 food and shelter assistance under the Emergency Food and
13 Shelter Program authorized by Section 12-4.5 may be
14 deposited, with the consent of the Governor, into the
15 Homelessness Prevention Fund.
16 Eighty percent of the federal financial participation
17 funds received by the Illinois Department under the Title
18 IV-A Emergency Assistance program as reimbursement for
19 expenditures made from the Illinois Department of Children
20 and Family Services appropriations for the costs of providing
21 services in behalf of Department of Children and Family
22 Services clients shall be deposited into the DCFS Children's
23 Services Fund.
24 All federal funds, except those covered by the foregoing
25 3 paragraphs, received as reimbursement for expenditures from
26 the General Revenue Fund shall be deposited in the General
27 Revenue Fund for administrative and distributive expenditures
28 properly chargeable by federal law or regulation to aid
29 programs established under Articles III through XII and
30 Titles IV, XVI, XIX and XX of the Federal Social Security
31 Act. Any other federal funds received by the Illinois
32 Department under Sections 12-4.6, 12-4.18 and 12-4.19 that
33 are required by Section 12-10 of this Code to be paid into
34 the Special Purposes Trust Fund shall be deposited into the
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1 Special Purposes Trust Fund. Any other federal funds
2 received by the Illinois Department pursuant to the Child
3 Support Enforcement Program established by Title IV-D of the
4 Social Security Act shall be deposited in the Child Support
5 Enforcement Trust Fund as required under Section 12-10.2 of
6 this Code. Any other federal funds received by the Illinois
7 Department for medical assistance program expenditures made
8 under Title XIX of the Social Security Act and Article V of
9 this Code that are required by Section 5-4.21 of this Code to
10 be paid into the Medicaid Developmentally Disabled Provider
11 Participation Fee Trust Fund shall be deposited into the
12 Medicaid Developmentally Disabled Provider Participation Fee
13 Trust Fund. Any other federal funds received by the Illinois
14 Department for medical assistance program expenditures made
15 under Title XIX of the Social Security Act and Article V of
16 this Code that are required by Section 5-4.31 of this Code to
17 be paid into the Medicaid Long Term Care Provider
18 Participation Fee Trust Fund shall be deposited into the
19 Medicaid Long Term Care Provider Participation Fee Trust
20 Fund. Any other federal funds received by the Illinois
21 Department for hospital inpatient, hospital ambulatory care,
22 and disproportionate share hospital expenditures made under
23 Title XIX of the Social Security Act and Article V of this
24 Code that are required by Section 14-2 of this Code to be
25 paid into the Hospital Services Trust Fund shall be deposited
26 into the Hospital Services Trust Fund. Any other federal
27 funds received by the Illinois Department for expenditures
28 made under Title XIX of the Social Security Act and Articles
29 V and VI of this Code that are required by Section 15-2 of
30 this Code to be paid into the County Provider Trust Fund
31 shall be deposited into the County Provider Trust Fund. Any
32 other federal funds received by the Illinois Department for
33 hospital inpatient, hospital ambulatory care, and
34 disproportionate share hospital expenditures made under Title
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1 XIX of the Social Security Act and Article V of this Code
2 that are required by Section 5A-8 of this Code to be paid
3 into the Hospital Provider Fund shall be deposited into the
4 Hospital Provider Fund. Any other federal funds received by
5 the Illinois Department for medical assistance program
6 expenditures made under Title XIX of the Social Security Act
7 and Article V of this Code that are required by Section 5B-8
8 of this Code to be paid into the Long-Term Care Provider Fund
9 shall be deposited into the Long-Term Care Provider Fund.
10 Any other federal funds received by the Illinois Department
11 for medical assistance program expenditures made under Title
12 XIX of the Social Security Act and Article V of this Code
13 that are required by Section 5C-7 of this Code to be paid
14 into the Developmentally Disabled Care Provider Fund shall be
15 deposited into the Developmentally Disabled Care Provider
16 Fund. Any other federal funds received by the Illinois
17 Department for trauma center adjustment payments that are
18 required by Section 5-5.03 of this Code and made under Title
19 XIX of the Social Security Act and Article V of this Code
20 shall be deposited into the Trauma Center Fund. Any other
21 federal funds received by the Illinois Department as
22 reimbursement for expenses for early intervention services
23 paid from the Early Intervention Services Revolving Fund
24 shall be deposited into that Fund.
25 The Illinois Department shall consult with the Citizens
26 Assembly/Council on Public Aid in respect to the expenditure
27 of federal funds from the Special Purposes Trust Fund under
28 Section 12-10 and the Local Initiative Fund under Section
29 12-10.1. It shall report to the General Assembly at the end
30 of each fiscal quarter the amount of all funds received and
31 paid into the Social Service Block Grant Fund and the Local
32 Initiative Fund and the expenditures and transfers of such
33 funds for services, programs and other purposes authorized by
34 law. Such report shall be filed with the Speaker, Minority
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1 Leader and Clerk of the House, with the President, Minority
2 Leader and Secretary of the Senate, with the Chairmen of the
3 House and Senate Appropriations Committees, the House Human
4 Resources Committee and the Senate Public Health, Welfare and
5 Corrections Committee, or the successor standing Committees
6 of each as provided by the rules of the House and Senate,
7 respectively, with the Legislative Research Agency Unit and
8 with the State Government Report Distribution Center for the
9 General Assembly as is required under paragraph (t) of
10 Section 7 of the State Library Act and one copy with the
11 Citizens Assembly/Council on Public Aid or its successor
12 shall be deemed sufficient to comply with this Section.
13 (Source: P.A. 88-45; 88-412; 88-429; 88-553, eff. 7-14-94;
14 88-554, eff. 7-26-94; 88-670, eff. 12-2-94; 89-235, eff.
15 8-4-95; 89-499, eff. 6-28-96.)
16 Section 10-175. The Interagency Board for Children who
17 are Deaf or Hard-of-Hearing and have an Emotional or
18 Behavioral Disorder Act is amended by changing Section 11 as
19 follows:
20 (325 ILCS 35/11) (from Ch. 23, par. 6711)
21 Sec. 11. Reports. The Board shall make a report of its
22 work annually to the State Superintendent of Education and to
23 the Governor and to each regular session of the General
24 Assembly.
25 The requirement for reporting to the General Assembly
26 shall be satisfied by filing copies of the report with the
27 Speaker, the Minority Leader and the Clerk of the House of
28 Representatives and the President, the Minority Leader and
29 the Secretary of the Senate and the Legislative Research
30 Agency Unit, as required by Section 3.1 of the General
31 Assembly Organization Act and filing such additional copies
32 with the State Government Report Distribution Center for the
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1 General Assembly as is required under paragraph (t) of
2 Section 7 of the State Library Act.
3 (Source: P.A. 86-1200; 87-1127.)
4 Section 10-180. The Environmental Protection Act is
5 amended by changing Section 6.1 as follows:
6 (415 ILCS 5/6.1) (from Ch. 111 1/2, par. 1006.1)
7 Sec. 6.1. The Department of Commerce and Community
8 Affairs shall conduct studies of the effects of all State and
9 federal sulfur dioxide regulations and emission standards on
10 the use of Illinois coal and other fuels, and shall report
11 the results of such studies to the Governor and the General
12 Assembly. The reports shall be made by July 1, 1980 and
13 biennially thereafter.
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 Agency Unit, as required by Section 3.1 of "An Act to revise
20 the law in relation to the General Assembly", approved
21 February 25, 1874, as amended, and filing such additional
22 copies with the State Government Report Distribution Center
23 for the General Assembly as is required under paragraph (t)
24 of Section 7 of the State Library Act.
25 (Source: P.A. 89-445, eff. 2-7-96.)
26 Section 10-185. The Illinois Highway Code is amended by
27 changing Section 4-201.16 as follows:
28 (605 ILCS 5/4-201.16) (from Ch. 121, par. 4-201.16)
29 Sec. 4-201.16. Land acquired for highway purposes,
30 including buildings or improvements upon such property, may
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1 be rented between the time of acquisition and the time when
2 the land is needed for highway purposes.
3 The Department shall file an annual report with the
4 General Assembly, by October 1 of each year, which details,
5 by county, the number of rented parcels, the total amount of
6 rent received from these parcels, and the number of parcels
7 which include buildings or improvements.
8 The requirement for reporting to the General Assembly
9 shall be satisfied by filing copies of the report with the
10 Speaker, the Minority Leader and the Clerk of the House of
11 Representatives and the President, the Minority Leader and
12 the Secretary of the Senate and the Legislative Research
13 Agency Unit, as required by Section 3.1 of "An Act to revise
14 the law in relation to the General Assembly", approved
15 February 25, 1874, as amended, and filing such additional
16 copies with the State Government Report Distribution Center
17 for the General Assembly as is required under paragraph (t)
18 of Section 7 of the State Library Act.
19 (Source: P.A. 84-1438.)
20 Section 10-190. The Rivers, Lakes, and Streams Act is
21 amended by changing Sections 14a, 16, and 20 as follows:
22 (615 ILCS 5/14a) (from Ch. 19, par. 61a)
23 Sec. 14a. It is the express intention of this
24 legislation that close cooperation shall exist between the
25 Pollution Control Board, the Environmental Protection Agency,
26 and the Department of Natural Resources and that every
27 resource of State government shall be applied to the proper
28 preservation and utilization of the waters of Lake Michigan.
29 The Environmental Protection Agency shall work in close
30 cooperation with the City of Chicago and other affected units
31 of government to: (1) terminate discharge of pollutional
32 waste materials to Lake Michigan from vessels in both
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1 intra-state and inter-state navigation, and (2) abate
2 domestic, industrial, and other pollution to assure that Lake
3 Michigan beaches in Illinois are suitable for full body
4 contact sports, meeting criteria of the Pollution Control
5 Board.
6 The Environmental Protection Agency shall regularly
7 conduct water quality and lake bed surveys to evaluate the
8 ecology and the quality of water in Lake Michigan. Results of
9 such surveys shall be made available, without charge, to all
10 interested persons and agencies. It shall be the
11 responsibility of the Director of the Environmental
12 Protection Agency to report annually or at such other times
13 as the Governor shall direct; such report shall provide
14 hydrologic, biologic, and chemical data together with
15 recommendations to the Governor and members of the General
16 Assembly.
17 The requirement for reporting to the General Assembly
18 shall be satisfied by filing copies of the report with the
19 Speaker, the Minority Leader and the Clerk of the House of
20 Representatives and the President, the Minority Leader and
21 the Secretary of the Senate and the Legislative Research
22 Agency Unit, as required by Section 3.1 of "An Act to revise
23 the law in relation to the General Assembly", approved
24 February 25, 1874, as amended, and filing such additional
25 copies with the State Government Report Distribution Center
26 for the General Assembly as is required under paragraph (t)
27 of Section 7 of the State Library Act.
28 In meeting the requirements of this Act, the Pollution
29 Control Board, Environmental Protection Agency and Department
30 of Natural Resources are authorized to be in direct contact
31 with individuals, municipalities, public and private
32 corporations and other organizations which are or may be
33 contributing to the discharge of pollution to Lake Michigan.
34 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (615 ILCS 5/16) (from Ch. 19, par. 63)
2 Sec. 16. The Department of Natural Resources shall plan
3 and devise methods, ways and means for the preservation and
4 beautifying of the public bodies of water of the State, and
5 for making the same more available for the use of the public,
6 and it shall from time to time report its findings and
7 conclusions to the Governor and general assembly, and from
8 time to time submit to the general assembly drafts of such
9 measures as it may deem necessary to be enacted for the
10 accomplishment of such purpose, or for the protection of such
11 bodies of water.
12 The requirement for reporting to the General Assembly
13 shall be satisfied by filing copies of the report with the
14 Speaker, the Minority Leader and the Clerk of the House of
15 Representatives and the President, the Minority Leader and
16 the Secretary of the Senate and the Legislative Research
17 Agency Unit, as required by Section 3.1 of "An Act to revise
18 the law in relation to the General Assembly", approved
19 February 25, 1874, as amended, and filing such additional
20 copies with the State Government Report Distribution Center
21 for the General Assembly as is required under paragraph (t)
22 of Section 7 of the State Library Act.
23 (Source: P.A. 89-445, eff. 2-7-96.)
24 (615 ILCS 5/20) (from Ch. 19, par. 67)
25 Sec. 20. The Department of Natural Resources shall
26 obtain data and information as to the availability of the
27 various streams of Illinois for water power, and preserve all
28 such data, and report to the Governor and the general
29 assembly such facts as to the amount of water power which can
30 be so developed, from time to time, as in its judgment should
31 be communicated, looking to the preservation of the rights of
32 the State of Illinois in the water power and navigation of
33 this State.
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1 The requirement for reporting to the General Assembly
2 shall be satisfied by filing copies of the report with the
3 Speaker, the Minority Leader and the Clerk of the House of
4 Representatives and the President, the Minority Leader and
5 the Secretary of the Senate and the Legislative Research
6 Agency Unit, as required by Section 3.1 of "An Act to revise
7 the law in relation to the General Assembly", approved
8 February 25, 1874, as amended, and filing such additional
9 copies with the State Government Report Distribution Center
10 for the General Assembly as is required under paragraph (t)
11 of Section 7 of the State Library Act.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 Section 10-195. The Flood Control Act of 1945 is amended
14 by changing Section 5 as follows:
15 (615 ILCS 15/5) (from Ch. 19, par. 126e)
16 Sec. 5. It shall be the duty of the Department of
17 Natural Resources to execute examinations and surveys of the
18 scope necessary and practical under this Act: The Director of
19 Natural Resources may in his discretion or at the direction
20 of the General Assembly cause an examination of any project
21 for the improvement of any of the rivers and waters of
22 Illinois for any improvements authorized under this Act and a
23 report on the improvements shall be submitted to the
24 Governor, the members of the General Assembly of the
25 Legislative Districts in which the improvements are located,
26 and the General Assembly. The requirement for reporting to
27 the General Assembly shall be satisfied by filing copies of
28 the report with the Speaker, the Minority Leader, and the
29 Clerk of the House of Representatives; and the President, the
30 Minority Leader, and the Secretary of the Senate; and the
31 Legislative Research Agency Unit, as required by Section 3.1
32 of the General Assembly Organization Act, and filing any
-200- LRB9010542JMdv
1 additional copies with the State Government Report
2 Distribution Center for the General Assembly as required
3 under paragraph (t) of Section 7 of the State Library Act.
4 All reports shall include, as may be practicable, a
5 comprehensive study of the watersheds involved, any other
6 matter required by the Director of Natural Resources, and any
7 or all data as may be pertinent in regard to:
8 (a) the extent and character of the area affected;
9 (b) the hydrography of the area affected, including
10 rainfall and run-off, frequency and severity of floods,
11 frequency and degree of low flows;
12 (c) flood damages to rural property, growing crops,
13 urban property, industrial property, and communications,
14 including highways, railways, and waterways;
15 (d) the probable effect upon any navigable water or
16 waterway;
17 (e) the possible economical development and
18 utilization of water power;
19 (f) the possible economical reclamation and
20 drainage of the bottomland and upland areas;
21 (g) any other allied uses that may be properly
22 related to or coordinated with the project, including but
23 not limited to, any benefits for public water supply
24 uses, public recreational uses, or wild life
25 conservation;
26 (h) the estimated cost of the improvement and a
27 statement of special or local benefit that will accrue to
28 localities affected by the improvement and a statement of
29 general or state wide benefits, with recommendations as
30 to what local cooperation, participation, and cost
31 sharing should be required, if any, on account of the
32 special or local benefit.
33 The heads of the several Departments of the State shall,
34 upon the request of the Director of Natural Resources, detail
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1 representatives from their respective Departments to assist
2 the Department of Natural Resources in the study of the
3 watersheds, to the end that duplication of work may be
4 avoided and the various services of the State economically
5 coordinated therein.
6 In the exercise of its duties under this Section, the
7 Department may accept or amend a work plan of the United
8 States government. The federal work plan as accepted by the
9 Department shall be filed as provided for in this Section.
10 (Source: P.A. 88-517; 89-445, eff. 2-7-96.)
11 Section 10-200. The Illinois Vehicle Code is amended by
12 changing Section 15-203 as follows:
13 (625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
14 Sec. 15-203. Records of violations. The Department of
15 State Police shall maintain records of the number of
16 violators of such acts apprehended and the number of
17 convictions obtained. A resume of such records shall be
18 included in the Department's annual report to the Governor;
19 and the Department shall also present such resume to each
20 regular session of the General Assembly.
21 The requirement for reporting to the General Assembly
22 shall be satisfied by filing copies of the report with the
23 Speaker, the Minority Leader and the Clerk of the House of
24 Representatives and the President, the Minority Leader and
25 the Secretary of the Senate and the Legislative Research
26 Agency Unit, as required by Section 3.1 of "An Act to revise
27 the law in relation to the General Assembly", approved
28 February 25, 1874, as amended, and filing such additional
29 copies with the State Government Report Distribution Center
30 for the General Assembly as is required under paragraph (t)
31 of Section 7 of the State Library Act.
32 (Source: P.A. 84-1438.)
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1 Section 10-205. The Illinois Abortion Law of 1975 is
2 amended by changing Section 10 as follows:
3 (720 ILCS 510/10) (from Ch. 38, par. 81-30)
4 Sec. 10. A report of each abortion performed shall be
5 made to the Department on forms prescribed by it. Such report
6 forms shall not identify the patient by name, but by an
7 individual number to be noted in the patient's permanent
8 record in the possession of the physician, and shall include
9 information concerning:
10 (1) Identification of the physician who performed the
11 abortion and the facility where the abortion was performed
12 and a patient identification number;
13 (2) State in which the patient resides;
14 (3) Patient's date of birth, race and marital status;
15 (4) Number of prior pregnancies;
16 (5) Date of last menstrual period;
17 (6) Type of abortion procedure performed;
18 (7) Complications and whether the abortion resulted in a
19 live birth;
20 (8) The date the abortion was performed;
21 (9) Medical indications for any abortion performed when
22 the fetus was viable;
23 (10) The information required by Sections 6(1)(b) and
24 6(4)(b) of this Act, if applicable;
25 (11) Basis for any medical judgment that a medical
26 emergency existed when required under Sections 6(2)(a) and
27 6(6) and when required to be reported in accordance with this
28 Section by any provision of this Law; and
29 (12) The pathologist's test results pursuant to Section
30 12 of this Act.
31 Such form shall be completed by the hospital or other
32 licensed facility, signed by the physician who performed the
33 abortion or pregnancy termination, and transmitted to the
-203- LRB9010542JMdv
1 Department not later than 10 days following the end of the
2 month in which the abortion was performed.
3 In the event that a complication of an abortion occurs or
4 becomes known after submission of such form, a correction
5 using the same patient identification number shall be
6 submitted to the Department within 10 days of its becoming
7 known.
8 The Department may prescribe rules and regulations
9 regarding the administration of this Law and shall prescribe
10 regulations to secure the confidentiality of the woman's
11 identity in the information to be provided under the "Vital
12 Records Act". All reports received by the Department shall
13 be treated as confidential and the Department shall secure
14 the woman's anonymity. Such reports shall be used only for
15 statistical purposes.
16 Upon 30 days public notice, the Department is empowered
17 to require reporting of any additional information which, in
18 the sound discretion of the Department, is necessary to
19 develop statistical data relating to the protection of
20 maternal or fetal life or health, or is necessary to enforce
21 the provisions of this Law, or is necessary to develop useful
22 criteria for medical decisions. The Department shall
23 annually report to the General Assembly all statistical data
24 gathered under this Law and its recommendations to further
25 the purpose of this Law.
26 The requirement for reporting to the General Assembly
27 shall be satisfied by filing copies of the report with the
28 Speaker, the Minority Leader and the Clerk of the House of
29 Representatives and the President, the Minority Leader and
30 the Secretary of the Senate and the Legislative Research
31 Agency Unit, as required by Section 3.1 of "An Act to revise
32 the law in relation to the General Assembly", approved
33 February 25, 1874, as amended, and filing such additional
34 copies with the State Government Report Distribution Center
-204- LRB9010542JMdv
1 for the General Assembly as is required under paragraph (t)
2 of Section 7 of the State Library Act.
3 (Source: P.A. 84-1438.)
4 Section 10-210. The Illinois Controlled Substances Act
5 is amended by changing Section 201 as follows:
6 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
7 Sec. 201. (a) The Department shall carry out the
8 provisions of this Article. The Department or its successor
9 agency may add substances to or delete or reschedule all
10 controlled substances in the Schedules of Sections 204, 206,
11 208, 210 and 212 of this Act and shall determine "designated
12 products" as required under Sections 308, 309, 311 and 312 of
13 this Act. In making a determination regarding the addition,
14 deletion, or rescheduling of a substance, the Department
15 shall consider the following:
16 (1) the actual or relative potential for abuse;
17 (2) the scientific evidence of its pharmacological
18 effect, if known;
19 (3) the state of current scientific knowledge regarding
20 the substance;
21 (4) the history and current pattern of abuse;
22 (5) the scope, duration, and significance of abuse;
23 (6) the risk to the public health;
24 (7) the potential of the substance to produce
25 psychological or physiological dependence;
26 (8) whether the substance is an immediate precursor of a
27 substance already controlled under this Article;
28 (9) the immediate harmful effect in terms of potentially
29 fatal dosage; and
30 (10) the long-range effects in terms of permanent health
31 impairment.
32 (b) In making a determination regarding a "designated
-205- LRB9010542JMdv
1 product," the Department shall consider the above criteria,
2 and in addition shall consider whether use of the official
3 prescription blank is required to control significant actual
4 illicit traffic of the substance.
5 After considering the factors enumerated in subsection
6 (a) or in the case of making a determination of a "designated
7 product," the additional factors of subsection (b), the
8 Department shall publish its determination. If, within 30
9 days from such publication, a party adversely affected files
10 with the Department substantial written objections to
11 inclusion, rescheduling, or deletion of a substance, or to a
12 determination of a "designated product," the Department shall
13 publish the substantial written objections and afford all
14 interested parties an opportunity to be heard. At the
15 conclusion of the hearing, the Department shall make findings
16 with respect thereto and issue a rule controlling the
17 substance if the Department has determined that the substance
18 has a potential for abuse and submits to the General Assembly
19 a written report of its findings with respect thereto. Each
20 such rule adding, deleting or rescheduling a controlled
21 substance or determining a "designated product" shall then be
22 submitted to the General Assembly, in the form of a proposed
23 law amending this Act, and unless the proposed law is adopted
24 by the General Assembly and enacted into law within 2 years
25 after the Department has issued the rule, such rule shall
26 expire and have no further force and effect.
27 The requirement for reporting to the General Assembly
28 shall be satisfied by filing copies of the report with the
29 Speaker, the minority Leader and the Clerk of the House of
30 Representatives and the President, the Minority Leader and
31 the Secretary of the Senate and the Legislative Research
32 Agency Unit, as required by Section 3.1 of "An Act to revise
33 the law in relation to the General Assembly", approved
34 February 25, 1874, as amended, and filing such additional
-206- LRB9010542JMdv
1 copies with the State Government Report Distribution Center
2 for the General Assembly as is required under paragraph (t)
3 of Section 7 of the State Library Act.
4 (c) If the Department designates a substance as an
5 immediate precursor, substances which are precursors of the
6 controlled precursor shall not be subject to control solely
7 because they are precursors of the controlled precursor.
8 (d) If any substance is designated, rescheduled, or
9 deleted as a controlled substance under Federal law and
10 notice thereof is given to the Department, the Department
11 shall similarly control the substance under this Act after
12 the expiration of 30 days from publication in the Federal
13 Register of a final order designating a substance as a
14 controlled substance or rescheduling or deleting a substance,
15 unless within that 30 day period the Department objects, or a
16 party adversely affected files with the Department
17 substantial written objections objecting to inclusion,
18 rescheduling, or deletion. In that case, the Department
19 shall publish the reasons for objection or the substantial
20 written objections and afford all interested parties an
21 opportunity to be heard. At the conclusion of the hearing,
22 the Department shall publish its decision, by means of a
23 rule, which shall be final unless altered by statute. Upon
24 publication of objections by the Department, similar control
25 under this Act whether by inclusion, rescheduling or deletion
26 is stayed until the Department publishes its ruling.
27 (e) The Department shall by rule exclude any
28 non-narcotic substances from a schedule if such substance
29 may, under the Federal Food, Drug, and Cosmetic Act, be
30 lawfully sold over the counter without a prescription.
31 (f) Dextromethorphan shall not be deemed to be included
32 in any schedule by reason of enactment of this title unless
33 controlled after the date of such enactment pursuant to the
34 foregoing provisions of this section.
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1 (g) Authority to control under this section does not
2 extend to distilled spirits, wine, malt beverages, or tobacco
3 as those terms are defined or used in The Liquor Control Act
4 and the Tobacco Products Tax Act.
5 (Source: P.A. 84-1438.)
6 Section 10-215. The Code of Criminal Procedure of 1963
7 is amended by changing Sections 108A-11 and 108B-13 as
8 follows:
9 (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
10 Sec. 108A-11. Reports Concerning Use of Eavesdropping
11 Devices. (a) In January of each year the State's Attorney of
12 each county in which eavesdropping devices were used pursuant
13 to the provisions of this Article shall report to the
14 Department of State Police the following with respect to each
15 application for an order authorizing the use of an
16 eavesdropping device, or an extension thereof, made during
17 the preceding calendar year:
18 (1) the fact that such an order, extension, or
19 subsequent approval of an emergency was applied for;
20 (2) the kind of order or extension applied for;
21 (3) a statement as to whether the order or extension was
22 granted as applied for was modified, or was denied;
23 (4) the period authorized by the order or extensions in
24 which an eavesdropping device could be used;
25 (5) the felony specified in the order extension or
26 denied application;
27 (6) the identity of the applying investigative or law
28 enforcement officer and agency making the application and the
29 State's Attorney authorizing the application; and
30 (7) the nature of the facilities from which or the place
31 where the eavesdropping device was to be used.
32 (b) Such report shall also include the following:
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1 (1) a general description of the uses of eavesdropping
2 devices actually made under such order to overheard or record
3 conversations, including: (a) the approximate nature and
4 frequency of incriminating conversations overheard, (b) the
5 approximate nature and frequency of other conversations
6 overheard, (c) the approximate number of persons whose
7 conversations were overheard, and (d) the approximate nature,
8 amount, and cost of the manpower and other resources used
9 pursuant to the authorization to use an eavesdropping device;
10 (2) the number of arrests resulting from authorized uses
11 of eavesdropping devices and the offenses for which arrests
12 were made;
13 (3) the number of trials resulting from such uses of
14 eavesdropping devices;
15 (4) the number of motions to suppress made with respect
16 to such uses, and the number granted or denied; and
17 (5) the number of convictions resulting from such uses
18 and the offenses for which the convictions were obtained and
19 a general assessment of the importance of the convictions.
20 (c) In April of each year, the Department of State
21 Police shall transmit to the General Assembly a report
22 including information on the number of applications for
23 orders authorizing the use of eavesdropping devices, the
24 number of orders and extensions granted or denied during the
25 preceding calendar year, and the convictions arising out of
26 such uses.
27 The requirement for reporting to the General Assembly
28 shall be satisfied by filing copies of the report with the
29 Speaker, the Minority Leader and the Clerk of the House of
30 Representatives and the President, the Minority Leader and
31 the Secretary of the Senate and the Legislative Research
32 Agency Unit, as required by Section 3.1 of "An Act to revise
33 the law in relation to the General Assembly", approved
34 February 25, 1874, as amended, and filing such additional
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1 copies with the State Government Report Distribution Center
2 for the General Assembly as is required under paragraph (t)
3 of Section 7 of the State Library Act.
4 (Source: P.A. 86-391.)
5 (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
6 Sec. 108B-13. Reports concerning use of eavesdropping
7 devices.
8 (a) Within 30 days after the expiration of an order and
9 each extension thereof authorizing an interception, or within
10 30 days after the denial of an application or disapproval of
11 an application subsequent to any alleged emergency situation,
12 the State's Attorney shall report to the Department of State
13 Police the following:
14 (1) the fact that such an order, extension, or
15 subsequent approval of an emergency was applied for;
16 (2) the kind of order or extension applied for;
17 (3) a statement as to whether the order or
18 extension was granted as applied for was modified, or was
19 denied;
20 (4) the period authorized by the order or
21 extensions in which an eavesdropping device could be
22 used;
23 (5) the offense enumerated in Section 108B-3 which
24 is specified in the order or extension or in the denied
25 application;
26 (6) the identity of the applying electronic
27 criminal surveillance officer and agency making the
28 application and the State's Attorney authorizing the
29 application; and
30 (7) the nature of the facilities from which or the
31 place where the eavesdropping device was to be used.
32 (b) In January of each year the State's Attorney of each
33 county in which an interception occurred pursuant to the
-210- LRB9010542JMdv
1 provisions of this Article shall report to the Department of
2 State Police the following:
3 (1) a general description of the uses of
4 eavesdropping devices actually made under such order to
5 overhear or record conversations, including: (a) the
6 approximate nature and frequency of incriminating
7 conversations overheard, (b) the approximate nature and
8 frequency of other conversations overheard, (c) the
9 approximate number of persons whose conversations were
10 overheard, and (d) the approximate nature, amount, and
11 cost of the manpower and other resources used pursuant to
12 the authorization to use an eavesdropping device;
13 (2) the number of arrests resulting from authorized
14 uses of eavesdropping devices and the offenses for which
15 arrests were made;
16 (3) the number of trials resulting from such uses
17 of eavesdropping devices;
18 (4) the number of motions to suppress made with
19 respect to such uses, and the number granted or denied;
20 and
21 (5) the number of convictions resulting from such
22 uses and the offenses for which the convictions were
23 obtained and a general assessment of the importance of
24 the convictions.
25 On or before March 1 of each year, the Director of the
26 Department of State Police shall submit to the Governor a
27 report of all intercepts as defined herein conducted pursuant
28 to this Article and terminated during the preceding calendar
29 year. Such report shall include:
30 (1) the reports of State's Attorneys forwarded to
31 the Director as required in this Section;
32 (2) the number of Department personnel authorized
33 to possess, install, or operate electronic, mechanical,
34 or other devices;
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1 (3) the number of Department and other law
2 enforcement personnel who participated or engaged in the
3 seizure of intercepts pursuant to this Article during the
4 preceding calendar year;
5 (4) the number of electronic criminal surveillance
6 officers trained by the Department;
7 (5) the total cost to the Department of all
8 activities and procedures relating to the seizure of
9 intercepts during the preceding calendar year, including
10 costs of equipment, manpower, and expenses incurred as
11 compensation for use of facilities or technical
12 assistance provided to or by the Department; and
13 (6) a summary of the use of eavesdropping devices
14 pursuant to orders of interception including (a) the
15 frequency of use in each county, (b) the frequency of use
16 for each crime enumerated in Section 108B-3 of the Code
17 of Criminal Procedure of 1963, as amended, (c) the type
18 and frequency of eavesdropping device use, and (d) the
19 frequency of use by each police department or law
20 enforcement agency of this State.
21 (d) In April of each year, the Director of the
22 Department of State Police and the Governor shall each
23 transmit to the General Assembly reports including
24 information on the number of applications for orders
25 authorizing the use of eavesdropping devices, the number of
26 orders and extensions granted or denied during the preceding
27 calendar year, the convictions arising out of such uses, and
28 a summary of the information required by subsections (a) and
29 (b) of this Section.
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
-212- LRB9010542JMdv
1 Agency Unit, as required by Section 3.1 of the General
2 Assembly Organization Act, and filing such additional copies
3 with the State Government Report Distribution Center for the
4 General Assembly as is required under paragraph (t) of
5 Section 7 of the State Library Act.
6 (Source: P.A. 85-1203; 86-1226; 86-1475.)
7 Section 10-220. The State Appellate Defender Act is
8 amended by changing Section 10 as follows:
9 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
10 Sec. 10. Powers and duties of State Appellate Defender.
11 (a) The State Appellate Defender shall represent
12 indigent persons on appeal in criminal and delinquent minor
13 proceedings, when appointed to do so by a court under a
14 Supreme Court Rule or law of this State.
15 (b) The State Appellate Defender shall submit a budget
16 for the approval of the State Appellate Defender Commission.
17 (c) The State Appellate Defender may:
18 (1) maintain a panel of private attorneys available
19 to serve as counsel on a case basis;
20 (2) establish programs, alone or in conjunction
21 with law schools, for the purpose of utilizing volunteer
22 law students as legal assistants;
23 (3) cooperate and consult with state agencies,
24 professional associations, and other groups concerning
25 the causes of criminal conduct, the rehabilitation and
26 correction of persons charged with and convicted of
27 crime, the administration of criminal justice, and, in
28 counties of less than 1,000,000 population, study,
29 design, develop and implement model systems for the
30 delivery of trial level defender services, and make an
31 annual report to the General Assembly;
32 (4) provide investigative services to appointed
-213- LRB9010542JMdv
1 counsel and county public defenders.
2 The requirement for reporting to the General Assembly
3 shall be satisfied by filing copies of the report with the
4 Speaker, the Minority Leader and the Clerk of the House of
5 Representatives and the President, the Minority Leader and
6 the Secretary of the Senate and the Legislative Research
7 Agency Unit, as required by Section 3.1 of the General
8 Assembly Organization Act and filing such additional copies
9 with the State Government Report Distribution Center for the
10 General Assembly as is required under paragraph (t) of
11 Section 7 of the State Library Act.
12 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.)
13 Section 10-225. The State's Attorneys Appellate
14 Prosecutor's Act is amended by changing Section 4.06 as
15 follows:
16 (725 ILCS 210/4.06) (from Ch. 14, par. 204.06)
17 Sec. 4.06. The board shall submit an annual report to
18 the General Assembly and Governor regarding the operation of
19 the Office of the State's Attorneys Appellate Prosecutor.
20 The requirement for reporting to the General Assembly
21 shall be satisfied by filing copies of the report with the
22 Speaker, the Minority Leader and the Clerk of the House of
23 Representatives and the President, the Minority Leader and
24 the Secretary of the Senate and the Legislative Research
25 Agency Unit, as required by Section 3.1 of "An Act to revise
26 the law in relation to the General Assembly", approved
27 February 25, 1874, as amended, and filing such additional
28 copies with the State Government Report Distribution Center
29 for the General Assembly as is required under paragraph (t)
30 of Section 7 of the State Library Act.
31 (Source: P.A. 84-1438.)
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 375/3 from Ch. 127, par. 523
4 15 ILCS 20/38 from Ch. 127, par. 38
5 20 ILCS 415/4c from Ch. 127, par. 63b104c
6 20 ILCS 415/9 from Ch. 127, par. 63b109
7 20 ILCS 605/46.4a from Ch. 127, par. 46.4a
8 20 ILCS 605/46.44 from Ch. 127, par. 46.44
9 20 ILCS 655/5.5 from Ch. 67 1/2, par. 609.1
10 20 ILCS 2505/39b51
11 20 ILCS 3005/2.6 from Ch. 127, par. 412.6
12 20 ILCS 3005/5.1 from Ch. 127, par. 415
13 20 ILCS 3010/3 from Ch. 127, par. 3103
14 20 ILCS 3010/6 from Ch. 127, par. 3106
15 20 ILCS 3510/10 from Ch. 111 1/2, par. 8110
16 20 ILCS 3515/7 from Ch. 127, par. 727
17 20 ILCS 3605/5 from Ch. 5, par. 1205
18 20 ILCS 3705/20 from Ch. 111 1/2, par. 1120
19 20 ILCS 3805/5 from Ch. 67 1/2, par. 305
20 20 ILCS 3850/1-120
21 25 ILCS 5/3.1 from Ch. 63, par. 3.1
22 25 ILCS 65/3 from Ch. 63, par. 42.73
23 25 ILCS 65/5 from Ch. 63, par. 42.75
24 25 ILCS 65/7 from Ch. 63, par. 42.77
25 25 ILCS 65/Act title
26 25 ILCS 110/0.01 from Ch. 63, par. 1050
27 25 ILCS 110/1 from Ch. 63, par. 1051
28 25 ILCS 125/3.07 from Ch. 63, par. 223.07
29 25 ILCS 130/1-3 from Ch. 63, par. 1001-3
30 25 ILCS 130/1-4 from Ch. 63, par. 1001-4
31 25 ILCS 130/3-5 new
32 25 ILCS 130/3A-1
33 25 ILCS 130/4-2 from Ch. 63, par. 1004-2
34 25 ILCS 130/4-3 from Ch. 63, par. 1004-3
-215- LRB9010542JMdv
1 25 ILCS 130/4-4 from Ch. 63, par. 1004-4
2 25 ILCS 130/4-7 from Ch. 63, par. 1004-7
3 25 ILCS 130/4-9 from Ch. 63, par. 1004-9
4 25 ILCS 130/10-2 from Ch. 63, par. 1010-2
5 25 ILCS 130/10-3 from Ch. 63, par. 1010-3
6 25 ILCS 130/10-4 from Ch. 63, par. 1010-4
7 25 ILCS 130/10-5 from Ch. 63, par. 1010-5
8 25 ILCS 130/10-6 from Ch. 63, par. 1010-6
9 25 ILCS 130/11A-2 from Ch. 63, par. 1011A-2
10 25 ILCS 130/3-1 rep.
11 25 ILCS 130/4-1 rep.
12 25 ILCS 130/10-1 rep.
13 25 ILCS 135/5.02 from Ch. 63, par. 29.2
14 25 ILCS 145/5.05 from Ch. 63, par. 42.15-5
15 25 ILCS 145/5.07 from Ch. 63, par. 42.15-7
16 25 ILCS 145/8 from Ch. 63, par. 42.18
17 25 ILCS 150/3 from Ch. 63, par. 106
18 25 ILCS 155/2 from Ch. 63, par. 342
19 25 ILCS 155/3 from Ch. 63, par. 343
20 25 ILCS 155/4 from Ch. 63, par. 344
21 25 ILCS 155/6 from Ch. 63, par. 346
22 25 ILCS 155/6.2 from Ch. 63, par. 346.2
23 30 ILCS 10/2004 from Ch. 15, par. 2004
24 30 ILCS 105/9 from Ch. 127, par. 145
25 30 ILCS 355/6 from Ch. 85, par. 1396
26 30 ILCS 805/4 from Ch. 85, par. 2204
27 40 ILCS 5/1-103.3
28 40 ILCS 5/15-158.3
29 40 ILCS 5/22-1002 from Ch. 108 1/2, par. 22-1002
30 45 ILCS 155/2a from Ch. 144, par. 2803
31 70 ILCS 510/6 from Ch. 85, par. 6206
32 70 ILCS 515/6 from Ch. 85, par. 6506
33 70 ILCS 3205/18 from Ch. 85, par. 6018
34 110 ILCS 205/9.11 from Ch. 144, par. 189.11
-216- LRB9010542JMdv
1 110 ILCS 920/11 from Ch. 144, par. 2411
2 110 ILCS 1015/18 from Ch. 144, par. 1318
3 320 ILCS 35/50 from Ch. 23, par. 6801-50
4 405 ILCS 60/2 from Ch. 91 1/2, par. 1552
5 405 ILCS 70/25 from Ch. 91 1/2, par. 2051-25
6 605 ILCS 10/23 from Ch. 121, par. 100-23
7 5 ILCS 100/5-140 from Ch. 127, par. 1005-140
8 10 ILCS 5/1A-8 from Ch. 46, par. 1A-8
9 15 ILCS 15/11 from Ch. 127, par. 1811
10 20 ILCS 105/4.02 from Ch. 23, par. 6104.02
11 20 ILCS 105/7.09 from Ch. 23, par. 6107.09
12 20 ILCS 405/67.02 from Ch. 127, par. 63b13.2
13 20 ILCS 505/5.15
14 20 ILCS 1120/4 from Ch. 96 1/2, par. 7804
15 20 ILCS 2405/3 from Ch. 23, par. 3434
16 20 ILCS 2705/49.21 from Ch. 127, par. 49.21
17 20 ILCS 2705/49.25g from Ch. 127, par. 49.25g
18 20 ILCS 3915/4 from Ch. 127, par. 214.14
19 20 ILCS 3930/7 from Ch. 38, par. 210-7
20 20 ILCS 3955/5 from Ch. 91 1/2, par. 705
21 30 ILCS 5/3-15 from Ch. 15, par. 303-15
22 30 ILCS 715/6 from Ch. 56 1/2, par. 1706
23 30 ILCS 805/7 from Ch. 85, par. 2207
24 40 ILCS 5/1A-108
25 40 ILCS 5/5-226 from Ch. 108 1/2, par. 5-226
26 40 ILCS 5/6-220 from Ch. 108 1/2, par. 6-220
27 40 ILCS 5/21-120 from Ch. 108 1/2, par. 21-120
28 40 ILCS 5/22A-109 from Ch. 108 1/2, par. 22A-109
29 50 ILCS 740/13 from Ch. 85, par. 543
30 50 ILCS 750/13 from Ch. 134, par. 43
31 65 ILCS 5/11-4-5 from Ch. 24, par. 11-4-5
32 70 ILCS 10/2 from Ch. 15 1/2, par. 252
33 70 ILCS 915/2 from Ch. 111 1/2, par. 5002
34 70 ILCS 2605/4b from Ch. 42, par. 323b
-217- LRB9010542JMdv
1 70 ILCS 3620/8 from Ch. 111 2/3, par. 808
2 105 ILCS 5/2-3.39 from Ch. 122, par. 2-3.39
3 105 ILCS 5/14B-7 from Ch. 122, par. 14B-7
4 105 ILCS 5/34A-606 from Ch. 122, par. 34A-606
5 105 ILCS 205/4 from Ch. 122, par. 874
6 110 ILCS 205/9.04 from Ch. 144, par. 189.04
7 110 ILCS 805/2-10 from Ch. 122, par. 102-10
8 110 ILCS 935/9 from Ch. 144, par. 1459
9 110 ILCS 940/4 from Ch. 127, par. 63b134
10 110 ILCS 978/25
11 205 ILCS 105/7-8 from Ch. 17, par. 3307-8
12 210 ILCS 75/3 from Ch. 23, par. 1303
13 210 ILCS 85/6.05 from Ch. 111 1/2, par. 147.05
14 225 ILCS 705/4.18 from Ch. 96 1/2, par. 418
15 305 ILCS 5/5-5 from Ch. 23, par. 5-5
16 305 ILCS 5/5-5.8 from Ch. 23, par. 5-5.8
17 305 ILCS 5/12-5 from Ch. 23, par. 12-5
18 325 ILCS 35/11 from Ch. 23, par. 6711
19 415 ILCS 5/6.1 from Ch. 111 1/2, par. 1006.1
20 605 ILCS 5/4-201.16 from Ch. 121, par. 4-201.16
21 615 ILCS 5/14a from Ch. 19, par. 61a
22 615 ILCS 5/16 from Ch. 19, par. 63
23 615 ILCS 5/20 from Ch. 19, par. 67
24 615 ILCS 15/5 from Ch. 19, par. 126e
25 625 ILCS 5/15-203 from Ch. 95 1/2, par. 15-203
26 720 ILCS 510/10 from Ch. 38, par. 81-30
27 720 ILCS 570/201 from Ch. 56 1/2, par. 1201
28 725 ILCS 5/108A-11 from Ch. 38, par. 108A-11
29 725 ILCS 5/108B-13 from Ch. 38, par. 108B-13
30 725 ILCS 105/10 from Ch. 38, par. 208-10
31 725 ILCS 210/4.06 from Ch. 14, par. 204.06