Public Act 93-0632
SB1656 Enrolled LRB093 03244 RCE 03261 b
AN ACT concerning the legislature.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 1-20 as follows:
(5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
Sec. 1-20. "Agency" means each officer, board,
commission, and agency created by the Constitution, whether
in the executive, legislative, or judicial branch of State
government, but other than the circuit court; each officer,
department, board, commission, agency, institution,
authority, university, and body politic and corporate of the
State; each administrative unit or corporate outgrowth of the
State government that is created by or pursuant to statute,
other than units of local government and their officers,
school districts, and boards of election commissioners; and
each administrative unit or corporate outgrowth of the above
and as may be created by executive order of the Governor.
"Agency", however, does not include the following:
(1) The House of Representatives and Senate and
their respective standing and service committees,
including without limitation the Board of the Office of
the Architect of the Capitol and the Architect of the
Capitol established under the Legislative Commission
Reorganization Act of 1984.
(2) The Governor.
(3) The justices and judges of the Supreme and
Appellate Courts.
(Source: P.A. 87-823.)
Section 10. The Civil Administrative Code of Illinois is
amended by changing Section 5-630 as follows:
(20 ILCS 5/5-630) (was 20 ILCS 5/17)
Sec. 5-630. Department offices. Each department shall
maintain a central office in the Capitol Building, Centennial
Building, or State Office Building at Springfield, in space
rooms provided by the Secretary of State, or in the Armory
Building at Springfield, in rooms provided by the Department
of Central Management Services, or the Architect of the
Capitol, excepting the Department of Agriculture, which shall
maintain a central office at the State fair grounds at
Springfield, and the Department of Transportation, which
shall also maintain a Division of Aeronautics at Capital
Airport. The director of each department (see Section 5-10 of
this Law for the definition of "director") may, in the
director's discretion and with the approval of the Governor,
establish and maintain, at places other than the seat of
government, branch offices for the conduct of any one or more
functions of the director's department.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 13. The Governor's Office of Management and
Budget Act is amended by changing Section 5.1 as follows:
(20 ILCS 3005/5.1) (from Ch. 127, par. 415)
Sec. 5.1. Under such regulations as the Governor may
prescribe, every State agency, other than State colleges and
universities, agencies of legislative and judicial branches
of State government, and elected State executive officers not
including the Governor, shall file with the Legislative
Research Unit Illinois Commission on Intergovernmental
Cooperation all applications for federal grants, contracts
and agreements. The Legislative Research Unit Commission on
Intergovernmental Cooperation shall immediately forward all
such materials to the Office for the Office's approval. Any
application for federal funds which has not received Office
approval shall be considered void and any funds received as a
result of such application shall be returned to the federal
government before they are spent. Each State agency subject
to this Section shall, at least 45 days before submitting its
application to the federal agency, report in detail to the
Legislative Research Unit Commission on Intergovernmental
Cooperation what the grant is intended to accomplish and the
specific plans for spending the federal dollars received
pursuant to the grant. The Legislative Research Unit
Commission on Intergovernmental Cooperation shall immediately
forward such materials to the Office. The Office may approve
the submission of an application to the federal agency in
less than 45 days after its receipt by the Office when the
Office determines that the circumstances require an expedited
application. Such reports of applications and plans of
expenditure shall include but shall not be limited to:
(1) an estimate of both the direct and indirect costs in
non-federal revenues of participation in the federal program;
(2) the probable length of duration of the program, a
schedule of fund receipts and an estimate of the cost to the
State of maintaining the program if and when the federal
financial assistance or grant is terminated;
(3) a list of State or local agencies utilizing the
financial assistance as direct recipients or subgrantees;
(4) a description of each program proposed to be funded
by the financial assistance or grant; and
(5) a description of any financial, program or planning
commitment on the part of the State required by the federal
government as a requirement for receipt of the financial
assistance or grant.
All State agencies subject to this Section shall
immediately file with the Legislative Research Unit Illinois
Commission on Intergovernmental Cooperation, any awards of
federal funds and any and all changes in the programs, in
awards, in program duration, in schedule of fund receipts,
and in estimated costs to the State of maintaining the
program if and when federal assistance is terminated, or in
direct and indirect costs, of any grant under which they are
or expect to be receiving federal funds. The Legislative
Research Unit Commission on Intergovernmental Cooperation
shall immediately forward such materials to the Office.
The Office in cooperation with the Legislative Research
Unit Commission on Intergovernmental Cooperation shall
develop standard forms and a system of identifying numbers
for the applications and reports required by this Section.
Upon receipt from the State agencies of each application and
report, the Legislative Research Unit Commission shall
promptly designate the appropriate identifying number
therefor and communicate such number to the respective State
agency, the Comptroller and the Office.
Each State agency subject to this Section shall include
in each report to the Comptroller of the receipt of federal
funds the identifying number applicable to the grant under
which such funds are received.
(Source: P.A. 93-25, eff. 6-20-03.)
Section 15. The Illinois Construction Evaluation Act is
amended by changing Section 2 as follows:
(20 ILCS 3015/2) (from Ch. 127, par. 3202)
Sec. 2. (a) There is hereby created the Construction
Evaluation Council, hereinafter the "Council", which shall
consist of the Architect of the Capitol the Executive
Director of the Space Needs Commission, the Director of the
Governor's Office of Management and Budget Bureau of the
Budget, and the Director of the Department of Central
Management Services or their designees. The members of the
Council shall select from among themselves one person to act
as chairman for a term of 2 years.
(b) Members of the Council shall serve without pay, but
shall be reimbursed for necessary and reasonable costs
incurred in the performance of their duties.
(c) The Council shall meet at the call of the chairman.
(Source: P.A. 84-859; revised 8-23-03.)
Section 20. The Capital Development Board Act is amended
by changing Section 1.1 as follows:
(20 ILCS 3105/1.1) (from Ch. 127, par. 771.1)
Sec. 1.1. Nothing herein applies to the design,
planning, construction, reconstruction, improvement, and
installation of capital facilities within the State Capitol
Building and other areas of the legislative complex, as
defined in Section 8A-15 of the Legislative Commission
Reorganization Act of 1984, which functions shall be within
the exclusive jurisdiction of the Architect of the Capitol
Space Needs Commission created by "The Space Needs Act",
approved September 8, 1967, as now and hereafter amended.
(Source: P.A. 79-835.)
Section 25. The Government Buildings Energy Cost
Reduction Act of 1991 is amended by changing Section 20 as
follows:
(20 ILCS 3953/20) (from Ch. 96 1/2, par. 9820)
Sec. 20. Powers and duties. The Interagency Energy
Conservation Committee shall have the authority:
(a) to prepare an annual assessment of opportunities for
energy cost reduction in State owned and leased buildings and
facilities designated by the committee. Each assessment
shall be completed by September 15 of each year, beginning in
1992, shall be available to the public and shall include:
(1) data on energy consumption and costs for each
State building and facility designated by the committee
for the preceding 5 years and anticipated energy
consumption and cost data projected for the next 3 years;
(2) energy conservation measures deployed in State
buildings and facilities designated by the committee
during the preceding year;
(3) evaluation studies of the cost reductions and
other benefits realized through the deployment of such
measures; and
(4) energy conservation opportunities (based on
audits, technical analyses or other methods of
determining such opportunities) and associated energy
saving operation and maintenance procedures and capital
projects for each State building or facility designated
by the committee.
(b) to conduct such surveys, audits, technical analyses
and other research or investigations as may be necessary to
support the preparation of the annual plan and the objectives
of this Act.
(c) to review all proposed capital projects and energy
cost operating budgets of State agencies designated by the
committee and recommend energy conservation measures which
would reduce operating costs in buildings or facilities
affected by such capital projects.
(d) to develop, after study of existing or emerging
energy conservation technologies, guidelines as may be
necessary or desirable to further the objectives of this Act
or to aid the work of the Committee.
(e) to provide, at the request of the Secretary of
State, the Architect of the Capitol, Legislative Space Needs
Commission or any other officer or entity of State
government, technical and consultative assistance concerning
energy cost management or conservation.
(f) to annually recommend to the Governor by November
15, beginning in 1992, specific operations and maintenance
procedure modifications and capital projects for State owned
and leased buildings and facilities designed to reduce energy
consumption and costs.
(g) to issue a report to the Governor and General
Assembly by March 31 of each odd-numbered year, beginning in
1993, describing the status of government building energy
cost reduction and management efforts in the State, listing
obstacles to building energy efficiency improvement together
with related recommendations for statutory change, and
identifying opportunities for public sector energy cost
reductions not addressed by this Act or the programs
developed pursuant hereto.
(Source: P.A. 87-852.)
Section 30. The Pension Impact Note Act is amended by
changing Section 2 as follows:
(25 ILCS 55/2) (from Ch. 63, par. 42.42)
Sec. 2. Pension impact notes. The Illinois Economic and
Fiscal Pension Laws Commission, hereafter in this Act
referred to as the "Commission", shall prepare a written
pension system impact note in relation to any bill introduced
in either house of the General Assembly which proposes to
amend, revise, or add to any provision of the Illinois
Pension Code or the State Pension Funds Continuing
Appropriation Act. Upon the introduction of any such bill,
the Clerk of the House or the Secretary of the Senate shall
forward the bill to the Commission, which shall prepare such
a note within 7 calendar days after receiving the request.
The bill shall be held on second reading until the note has
been received.
Copies of each pension impact note shall be furnished by
the Commission to the presiding officer of each house, the
minority leader of each house, the Clerk of the House of
Representatives, the Secretary of the Senate, the sponsor of
the bill which is the subject of the note, the member, if
any, who initiated the request for the note, the Chairman of
the House Committee on Personnel and Pensions, and the
Chairman of the Senate Committee on Insurance, Pensions and
Licensed Activities.
(Source: P.A. 89-113, eff. 7-7-95.)
(25 ILCS 125/Act rep.)
Section 35. The Space Needs Act is repealed.
Section 40. The Legislative Commission Reorganization
Act of 1984 is amended by changing Sections 1-3, 1-5, 3A-1,
4-1, 4-3, 4-4, 4-7, 4-9, 10-3, and 10-6, by changing and
resectioning Section 4-2 as Sections 4-2 and 4-2.1, and by
adding Article 8A as follows:
(25 ILCS 130/1-3) (from Ch. 63, par. 1001-3)
Sec. 1-3. Legislative support services agencies. The
Joint Committee on Legislative Support Services is
responsible for establishing general policy and coordinating
activities among the legislative support services agencies.
The legislative support services agencies include the
following:
(1) Joint Committee on Administrative Rules;
(2) Illinois Economic and Fiscal Commission;
(3) Illinois Commission on Intergovernmental
Cooperation;
(3) (4) Legislative Information System;
(4) (5) Legislative Reference Bureau;
(5) (6) Legislative Audit Commission;
(7) Space Needs Commission;
(6) (8) Legislative Printing Unit;
(7) (9) Legislative Research Unit; and
(10) Citizens Assembly; and
(11) Pension Laws Commission
(8) Office of the Architect of the Capitol.
(Source: P.A. 89-113, eff. 7-7-95.)
(25 ILCS 130/1-5) (from Ch. 63, par. 1001-5)
Sec. 1-5. Composition of agencies; directors.
(a)(1) Each legislative support services agency listed
in Section 1-3 is hereafter in this Section referred to
as the Agency.
(2) (Blank). The Citizens Assembly shall consist of the
14 co-chairpersons of the Citizens Councils created under
Article 11A.
(2.1) (Blank). The Pension Laws Commission shall consist
of 8 members of the General Assembly, of whom 2 shall be
appointed by the President of the Senate, 2 shall be
appointed by the Minority Leader of the Senate, 2 shall be
appointed by the Speaker of the House of Representatives, and
2 shall be appointed by the Minority Leader of the House of
Representatives; plus 8 public members with knowledge of
privately funded and operated pension plans, of whom 2 shall
be appointed by the President of the Senate, 2 shall be
appointed by the Minority Leader of the Senate, 2 shall be
appointed by the Speaker of the House of Representatives, and
2 shall be appointed by the Minority Leader of the House of
Representatives. All appointments shall be in writing and
filed with the Secretary of State as a public record.
Legislative members of the Pension Laws Commission shall
be appointed during the month of January in each odd-numbered
year for 2-year terms beginning February 1. Any vacancy on
the Commission shall be filled by appointment for the balance
of the term in the same manner as the original appointment.
A vacancy exists when a legislative member ceases to hold the
elected legislative office held at the time of appointment.
The initial legislative members of the Commission shall be
appointed as soon as practicable after the effective date of
this amendatory Act and shall serve until January 31, 1997.
(2.5) The Board of the Office of the Architect of the
Capitol shall consist of the Secretary and Assistant
Secretary of the Senate and the Clerk and Assistant Clerk of
the House of Representatives.
(3) The other legislative support services agencies
shall each consist of 12 members of the General Assembly, of
whom 3 shall be appointed by the President of the Senate, 3
shall be appointed by the Minority Leader of the Senate, 3
shall be appointed by the Speaker of the House of
Representatives, and 3 shall be appointed by the Minority
Leader of the House of Representatives. All appointments
shall be in writing and filed with the Secretary of State as
a public record.
Members shall serve a 2-year two year term, and must be
appointed by the Joint Committee during the month of January
in each odd-numbered year for terms beginning February 1.
Any vacancy in an Agency shall be filled by appointment for
the balance of the term in the same manner as the original
appointment. A vacancy shall exist when a member no longer
holds the elected legislative office held at the time of the
appointment or at the termination of the member's legislative
service.
(b) (Blank).
(c) Every two years the members of each Agency shall
elect, During the month of February of each odd-numbered
year, the Joint Committee on Legislative Support Services
shall select from the members of each agency, other than the
Office of the Architect of the Capitol, 2 co-chairmen and
such other officers as the Joint Committee deems they deem
necessary. If members of the Agency cannot agree on the
co-chairmen by March 1 of the odd-numbered year, the
co-chairmen shall be selected from among the members by the
Joint Committee on Legislative Support Services. The
co-chairmen of each Agency shall serve for a 2-year two-year
term, beginning February 1 of the odd-numbered year, and the
2 co-chairmen shall not be members of or identified with the
same house or the same political party. The co-chairmen of
the Board of the Office of the Architect of the Capitol shall
be the Secretary of the Senate and the Clerk of the House of
Representatives, each ex officio. If a co-chairman of the
Citizens Assembly is not a member of the General Assembly, he
shall be considered to be identified with the house and the
political party of the legislative leader by whom he was
appointed. The co-chairmen of the Pension Laws Commission
shall be legislative members of the Commission.
Each Agency shall meet twice annually or more often upon
the call of the chair or any 9 members (or any 3 members in
the case of the Office of the Architect of the Capitol). A
quorum of the Agency shall consist of a majority of the
appointed members.
(d) Members of each Agency shall serve without
compensation, but shall be reimbursed for expenses incurred
in carrying out the duties of the Agency pursuant to rules
and regulations adopted by the Joint Committee on Legislative
Support Services.
(e) Beginning February 1, 1985, and every 2 two years
thereafter, the Joint Committee shall select an Executive
Director who shall be the chief executive officer and staff
director of each Agency. The Executive Director shall
receive a salary as fixed by the Joint Committee and shall be
authorized to employ and fix the compensation of necessary
professional, technical and secretarial staff and prescribe
their duties, sign contracts, and issue vouchers for the
payment of obligations pursuant to rules and regulations
adopted by the Joint Committee on Legislative Support
Services. The Executive Director and other employees of the
Agency shall not be subject to the Personnel Code.
The executive director of the Office of the Architect of
the Capitol shall be known as the Architect of the Capitol.
(Source: P.A. 89-113, eff. 7-7-95.)
(25 ILCS 130/3A-1)
Sec. 3A-1. Economic and Fiscal Pension Laws Commission;
pension laws.
(a) The Economic and Fiscal Pension Laws Commission is
hereby established as a legislative support services agency.
The Commission is subject to the provisions of this Act. It
shall have the powers, and perform the duties, and delegated
to it under this Act, the Pension Impact Note Act, and the
Illinois Pension Code and shall perform any other functions
that may be provided by law.
(b) The Pension Laws Commission shall make a continuing
study of the laws and practices pertaining to pensions and
related retirement and disability benefits for persons in
State or local government service and their survivors and
dependents, shall evaluate existing laws and practices, and
shall review and make recommendations on proposed changes to
those laws and practices.
(c) The Commission shall be responsible for the
preparation of Pension Impact Notes as provided in the
Pension Impact Note Act.
(d) The Commission shall report to the General Assembly
annually or as it deems necessary or useful on the results of
its studies and the performance of its duties.
(e) The Commission may request assistance from any other
entity as necessary or useful for the performance of its
duties.
(f) For purposes of the Successor Agency Act and Section
9b of the State Finance Act, the Economic and Fiscal
Commission is the successor to the Pension Laws Commission.
The Economic and Fiscal Commission succeeds to and assumes
all powers, duties, rights, responsibilities, personnel,
assets, liabilities, and indebtedness of the Pension Laws
Commission. Any reference in any law, rule, form, or other
document to the Pension Laws Commission is deemed to be a
reference to the Economic and Fiscal Commission. The Illinois
Economic and Fiscal Commission shall continue to perform the
functions and duties that are being transferred from it to
the Pension Laws Commission by this amendatory Act of 1995
until the Pension Laws Commission has been appointed and
funded and is prepared to begin its operations.
(Source: P.A. 89-113, eff. 7-7-95; 90-14, eff. 7-1-97.)
(25 ILCS 130/4-1) (from Ch. 63, par. 1004-1)
Sec. 4-1. For purposes of the Successor Agency Act and
Section 9b of the State Finance Act, the Legislative Research
Unit is the successor to the Illinois Commission on
Intergovernmental Cooperation. The Legislative Research Unit
succeeds to and assumes all powers, duties, rights,
responsibilities, personnel, assets, liabilities, and
indebtedness of the Illinois Commission on Intergovernmental
Cooperation. Any reference in any law, rule, form, or other
document to the Illinois Commission on Intergovernmental
Cooperation is deemed to be a reference to the Legislative
Research Unit. The Illinois Commission on Intergovernmental
Cooperation, hereinafter referred to as the "Commission", is
hereby established as a legislative support services agency.
The Commission shall perform the powers and duties delegated
to it under this Act and such other functions as may be
provided by law.
(Source: P.A. 83-1257.)
(25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)
Sec. 4-2. Intergovernmental functions. It shall be the
function of the Legislative Research Unit this Commission:
(1) To carry forward the participation of this State as
a member of the Council of State Governments.
(2) To encourage and assist the legislative, executive,
administrative and judicial officials and employees of this
State to develop and maintain friendly contact by
correspondence, by conference, and otherwise, with officials
and employees of the other States, of the Federal Government,
and of local units of government.
(3) To endeavor to advance cooperation between this
State and other units of government whenever it seems
advisable to do so by formulating proposals for, and by
facilitating:
(a) The adoption of compacts.
(b) The enactment of uniform or reciprocal
statutes.
(c) The adoption of uniform or reciprocal
administrative rules and regulations.
(d) The informal cooperation of governmental
offices with one another.
(e) The personal cooperation of governmental
officials and employees with one another individually.
(f) The interchange and clearance of research and
information.
(g) Any other suitable process, and
(h) To do all such acts as will enable this State
to do its part in forming a more perfect union among the
various governments in the United States and in
developing the Council of State Governments for that
purpose.
(Source: P.A. 87-961; revised 8-23-03.)
(25 ILCS 130/4-2.1 new)
Sec. 4-2.1. Federal program functions. (4) The
Legislative Research Unit Commission is established as the
information center for the General Assembly in the field of
federal-state relations and as State Central Information
Reception Agency for the purpose of receiving information
from federal agencies under the United States Office of
Management and Budget circular A-98 and the United States
Department of the Treasury Circular TC-1082 or any successor
circulars promulgated under authority of the United States
Inter-governmental Cooperation Act of 1968. Its powers and
duties in this capacity include, but are not limited to:
(a) Compiling and maintaining current information
on available and pending federal aid programs for the use
of the General Assembly and legislative agencies;
(b) Analyzing the relationship of federal aid
programs with state and locally financed programs, and
assessing the impact of federal aid programs on the State
generally;
(c) Reporting annually to the General Assembly on
the adequacy of programs financed by federal aid in the
State, the types and nature of federal aid programs in
which State agencies or local governments did not
participate, and to make recommendations on such matters;
(d) Cooperating with the Governor's Office of
Management and Budget Illinois Bureau of the Budget and
with any State of Illinois offices located in Washington,
D.C., in obtaining information concerning federal
grant-in-aid legislation and proposals having an impact
on the State of Illinois;
(e) Cooperating with the Governor's Office of
Management and Budget Bureau of the Budget in developing
forms and identifying number systems for the
documentation of applications, awards, receipts and
expenditures of federal funds by State agencies;
(f) Receiving from every State agency, other than
State colleges and universities, agencies of legislative
and judicial branches of State government, and elected
State executive officers not including the Governor, all
applications for federal grants, contracts and agreements
and notification of any awards of federal funds and any
and all changes in the programs, in awards, in program
duration, in schedule of fund receipts, and in estimated
costs to the State of maintaining the program if and when
federal assistance is terminated, or in direct and
indirect costs, of any grant under which they are or
expect to be receiving federal funds;
(g) Forwarding to the Governor's Office of
Management and Budget Bureau of the Budget all documents
received under paragraph (f) after assigning an
appropriate, State application identifier number to all
applications; and
(h) Reporting such information as is received under
subparagraph (f) to the President and Minority Leader of
the Senate and the Speaker and Minority Leader of the
House of Representatives and their respective
appropriation staffs and to any member of the General
Assembly on a monthly basis at the request of the member.
The State colleges and universities, the agencies of the
legislative and judicial branches of State government, and
the elected State executive officers, not including the
Governor, shall submit to the Legislative Research Unit
Commission, in a manner prescribed by the Legislative
Research Unit Commission, summaries of applications for
federal funds filed and grants of federal funds awarded.
(Source: P.A. 87-961; revised 8-23-03.)
(25 ILCS 130/4-3) (from Ch. 63, par. 1004-3)
Sec. 4-3. The Legislative Research Unit Commission shall
establish such committees as it deems advisable, in order
that they may confer and formulate proposals concerning
effective means to secure intergovernmental harmony, and may
perform other functions for the Unit Commission in obedience
to its decision. Subject to the approval of the Unit
Commission, the member or members of each such committee
shall be appointed by the co-chairmen Chairman of the Unit
Commission. State officials or employees who are not members
of the Unit Commission on Intergovernmental Cooperation may
be appointed as members of any such committee, but private
citizens holding no governmental position in this State shall
not be eligible. The Unit Commission may provide such other
rules as it considers appropriate concerning the membership
and the functioning of any such committee. The Unit
Commission may provide for advisory boards for itself and for
its various committees, and may authorize private citizens to
serve on such boards.
(Source: P.A. 83-1257.)
(25 ILCS 130/4-4) (from Ch. 63, par. 1004-4)
Sec. 4-4. The General Assembly finds that the most
efficient and productive use of federal block grant funds can
be achieved through the coordinated efforts of the
Legislature, the Executive, State and local agencies and
private citizens. Such coordination is possible through the
creation of an Advisory Committee on Block Grants empowered
to review, analyze and make recommendations through the
Legislative Research Unit Commission to the General Assembly
and the Governor on the use of federally funded block grants.
The Legislative Research Unit Commission shall establish
an Advisory Committee on Block Grants. The primary purpose
of the Advisory Committee shall be the oversight of the
distribution and use of federal block grant funds.
The Advisory Committee shall consist of 4 public members
appointed by the Joint Committee on Legislative Support
Services and the members of the Legislative Research Unit
Commission. A chairperson shall be chosen by the members of
the Advisory Committee.
(Source: P.A. 83-1257.)
(25 ILCS 130/4-7) (from Ch. 63, par. 1004-7)
Sec. 4-7. The Legislative Research Unit Commission shall
report to the Governor and to the Legislature within 15
fifteen days after the convening of each General Assembly,
and at such other time as it deems appropriate. The members
of all committees which it establishes shall serve without
compensation for such service, but they shall be paid their
necessary expenses in carrying out their obligations under
this Act. The Unit Commission may by contributions to the
Council of State Governments, participate with other states
in maintaining the said Council's district and central
secretariats, and its other governmental services.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law
in relation to the General Assembly", approved February 25,
1874, as amended, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(Source: P.A. 83-1257.)
(25 ILCS 130/4-9) (from Ch. 63, par. 1004-9)
Sec. 4-9. Intergovernmental Cooperation Conference Fund.
(a) There is hereby created the Intergovernmental
Cooperation Conference Fund, hereinafter called the "Fund".
The Fund shall be outside the State treasury, but the State
Treasurer shall act as ex-officio custodian of the Fund.
(b) The Legislative Research Unit Commission may charge
and collect fees from participants at conferences held in
connection with the Unit's Commission's exercise of its
powers and duties. The fees shall be charged in an amount
calculated to cover the cost of the conferences and shall be
deposited in the Fund.
(c) Monies in the Fund shall be used to pay the costs of
the conferences. As soon as may be practicable after the
close of business on June 30 of each year, the Unit
Commission shall notify the Comptroller of the amount
remaining in the Fund which is not necessary to pay the
expenses of conferences held during the expiring fiscal year.
Such amount shall be transferred by the Comptroller and the
Treasurer from the Fund to the General Revenue Fund. If,
during any fiscal year, the monies in the Fund are
insufficient to pay the costs of conferences held during that
fiscal year, the difference shall be paid from other monies
which may be available to the Commission.
(Source: P.A. 85-491.)
(25 ILCS 130/Art. 8A heading new)
ARTICLE 8A
(25 ILCS 130/8A-5 new)
Sec. 8A-5. Architect of the Capitol.
(a) The Architect of the Capitol must be an architect
licensed under the Illinois Architecture Practice Act of 1989
and must have at least 5 years of experience in the field of
architecture, historic preservation, or both.
(b) The offices of the Architect of the Capitol and his
or her staff shall be located in Springfield, Illinois, in a
building or facility occupied in whole or in part by the
legislative branch.
(c) The Architect of the Capitol shall have the powers
and duties provided by law and by the Board of the Office of
the Architect of the Capitol.
(25 ILCS 130/8A-10 new)
Sec. 8A-10. Capitol Historic Preservation Board.
(a) The Capitol Historic Preservation Board shall
consist of 10 persons. One member shall be appointed by each
of the following: the President and Minority Leader of the
Senate, the Speaker and Minority Leader of the House of
Representatives, the Governor, the Secretary of State, the
Attorney General, the Chief Justice of the Illinois Supreme
Court, and the Mayor of the City of Springfield. Knowledge
and experience in the areas of architecture and historic
preservation may be considered, in addition to other
appropriate qualifications, in appointing members of the
Board. In addition, the Executive Director of the Capital
Development Board, ex officio, shall serve as a member.
(b) Appointed members of the Board shall serve 4-year
terms, except that the members initially appointed by the
President and Minority Leader of the Senate, the Speaker and
Minority Leader of the House of Representatives, and the
Governor shall serve 2-year terms. Members shall serve
without compensation but shall be reimbursed for expenses
incurred in the performance of their duties.
(c) The Capitol Historic Preservation Board shall serve
as an advisory body to the Architect of the Capitol and shall
perform such advisory functions as provided by law or
requested by the Architect of the Capitol or the Board of the
Office of the Architect of the Capitol.
(25 ILCS 130/8A-15 new)
Sec. 8A-15. Master plan.
(a) The term "legislative complex" means (i) the
buildings and facilities located in Springfield, Illinois,
and occupied in whole or in part by the General Assembly or
any of its support service agencies, (ii) the grounds,
walkways, and tunnels surrounding or connected to those
buildings and facilities, and (iii) the off-street parking
areas serving those buildings and facilities.
(b) The Architect of the Capitol shall prepare and
implement a long-range master plan of development for the
State Capitol Building and the remaining portions of the
legislative complex that addresses the improvement,
construction, historic preservation, restoration,
maintenance, repair, and landscaping needs of the State
Capitol Building and the remaining portions of the
legislative complex. The Architect of the Capitol shall
submit the master plan to the Capitol Historic Preservation
Board for its review and comment. The Board must confine its
review and comment to those portions of the master plan that
relate to areas of the legislative complex other than the
State Capitol Building. The Architect may incorporate
suggestions of the Board into the master plan. The master
plan must be submitted to and approved by the Board of the
Office of the Architect of the Capitol before its
implementation.
The Architect of the Capitol may change the master plan
and shall submit changes in the master plan that relate to
areas of the legislative complex other than the State Capitol
Building to the Capitol Historic Preservation Board for its
review and comment. All changes in the master plan must be
submitted to and approved by the Board of the Office of the
Architect of the Capitol before implementation.
(c) The Architect of the Capitol must review the master
plan every 5 years or at the direction of the Board of the
Office of the Architect of the Capitol. Changes in the master
plan resulting from this review must be made in accordance
with the procedure provided in subsection (b).
(d) Notwithstanding any other law to the contrary, the
Architect of the Capitol has the sole authority to contract
for all materials and services necessary for the
implementation of the master plan. The Architect (i) may
comply with the procedures established by the Joint Committee
on Legislative Support Services under Section 1-4 or (ii)
upon approval of the Board of the Office of the Architect of
the Capitol, may, but is not required to, comply with a
portion or all of the Illinois Procurement Code when entering
into contracts under this subsection. The Architect's
compliance with the Illinois Procurement Code shall not be
construed to subject the Architect or any other entity of the
legislative branch to the Illinois Procurement Code with
respect to any other contract.
The Architect may enter into agreements with other State
agencies for the provision of materials or performance of
services necessary for the implementation of the master plan.
State officers and agencies providing normal, day-to-day
repair, maintenance, or landscaping or providing security,
commissary, utility, parking, banking, tour guide, event
scheduling, or other operational services for buildings and
facilities within the legislative complex immediately prior
to the effective date of this amendatory Act of the 93rd
General Assembly shall continue to provide that normal,
day-to-day repair, maintenance, or landscaping or those
services on the same basis, whether by contract or employees,
that the repair, maintenance, landscaping, or services were
provided immediately prior to the effective date of this
amendatory Act of the 93rd General Assembly, subject to the
provisions of the master plan and as otherwise directed by
the Architect of the Capitol.
(e) The Architect of the Capitol shall monitor
construction, preservation, restoration, maintenance, repair,
and landscaping work in the legislative complex and all other
activities that alter the historic integrity of the
legislative complex.
(25 ILCS 130/8A-20 new)
Sec. 8A-20. Space allocation. The Architect of the
Capitol has the power and duty, subject to direction by the
Board of the Office of the Architect of the Capitol, to make
space allocations for the use of the General Assembly and its
related agencies.
(25 ILCS 130/8A-25 new)
Sec. 8A-25. Historic items. In addition to any property
control activities required by law, the Architect of the
Capitol shall maintain an inventory and registry of all
historic items in the legislative complex. The Architect may
purchase or accept donations of historic items for use or
display in the legislative complex.
(25 ILCS 130/8A-30 new)
Sec. 8A-30. Acquisition of land; contract review. The
Architect of the Capitol, upon the approval of the Board of
the Office of the Architect of the Capitol, may acquire land
in Springfield, Illinois, within the area bounded by
Washington, Third, Cook, and Pasfield Streets for the purpose
of providing space for the operation and expansion of the
legislative complex or other State facilities. The Architect
of the Capitol must review and either approve or disapprove
all contracts for the repair, rehabilitation, construction,
or alteration of all State buildings within the bounded area,
except the Supreme Court Building and the Fourth District
Appellate Court Building.
(25 ILCS 130/8A-35 new)
Sec. 8A-35. Capitol Restoration Trust Fund;
appropriations.
(a) The Capitol Restoration Trust Fund is created as a
special fund within the State treasury. The Fund may accept
deposits from any source, whether private or public, and may
be appropriated only for the use of the Architect of the
Capitol in the performance of his or her powers and duties.
The Architect of the Capitol may seek private and public
funds for deposit into the Capitol Restoration Trust Fund.
(b) The Architect of the Capitol shall submit all budget
requests to implement the master plan that relate to areas of
the legislative complex other than the State Capitol Building
to the Capitol Historic Preservation Board for review and
comment. The Architect of the Capitol shall submit all
budget requests to the Board of the Office of the Architect
of the Capitol for approval.
(25 ILCS 130/8A-40 new)
Sec. 8A-40. Annual report. The Architect of the Capitol
annually shall report to the Board of the Office of the
Architect of the Capitol, the Capitol Historic Preservation
Board, and the appointing authorities of the Capitol Historic
Preservation Board. The report shall summarize (i) the
master plan, (ii) the master plan projects completed since
the previous annual report, (iii) the projects, and their
estimated costs, proposed or approved for the next 5 years
under the master plan, and (iv) the amount and sources of
moneys deposited into the Capitol Restoration Trust Fund from
sources other than the State since the previous annual
report.
(25 ILCS 130/8A-45 new)
Sec. 8A-45. State agency cooperation. The Architect of
the Capitol may request and shall receive the cooperation of
any State officer or agency in the performance of the
Architect's powers and duties.
(25 ILCS 130/8A-50 new)
Sec. 8A-50. Rules. The Architect of the Capitol may
promulgate rules necessary for the performance of his or her
powers and duties, subject to approval by the Board of the
Office of the Architect of the Capitol.
(25 ILCS 130/8A-55 new)
Sec. 8A-55. Successor agency. For purposes of the
Successor Agency Act and Section 9b of the State Finance Act,
the Office of the Architect of the Capitol is the successor
to the Space Needs Commission. The Office of the Architect of
the Capitol succeeds to and assumes all powers, duties,
rights, responsibilities, personnel, assets, liabilities, and
indebtedness of the Space Needs Commission. Any reference in
any law, rule, form, or other document to the Space Needs
Commission is deemed to be a reference to the Office of the
Architect of the Capitol.
(25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
Sec. 10-3. The Legislative Research Unit may administer a
legislative staff internship program in cooperation with a
university in the State designated by the Legislative
Research Unit. For the purpose of advising in the
administration of such a program, there is created a
sponsoring committee for legislative staff internships
consisting of the chairman of the Legislative Research Unit
or a member designated by him, the President of the Senate or
a Senator designated by him, the Speaker of the House of
Representatives or a Representative designated by him, the
Minority Leader of the Senate or a Senator designated by him,
and the Minority Leader of the House of Representatives or a
Representative designated by him, as plenary members, and as
associate members, one person from the academic staff of each
university designated by the Legislative Research Unit as a
cooperating university and agreeing to cooperate, such person
to be appointed by the ranking academic official of such
university. Until the Legislative Research Unit, by
resolution, determines otherwise, such cooperating
universities are Northwestern University, Illinois Institute
of Technology, University of Chicago, University of Illinois,
Roosevelt University, Western Illinois University, Loyola
University of Chicago, Southern Illinois University, DePaul
University, Eastern Illinois University, Northern Illinois
University, Sangamon State University, and Illinois State
University. Associate members shall serve at the pleasure of
their respective appointing authorities. Members of the
sponsoring committee shall serve without compensation, but
shall be reimbursed for necessary expenses in connection with
the performance of their duties.
(Source: P.A. 83-1257; revised 11-6-02.)
(25 ILCS 130/10-6) (from Ch. 63, par. 1010-6)
Sec. 10-6. Each quarter of the calendar year month the
Legislative Research Unit shall prepare and provide to each
member of the General Assembly abstracts and indexes of
reports filed with it as reports to the General Assembly.
With such abstracts and indexes the Legislative Research Unit
shall include a convenient form by which each member of the
General Assembly may request, from the State Government
Report Distribution Center in the State Library, copies of
such reports as the member may wish to receive. For the
purpose of receiving reports filed under this Section the
Legislative Research Unit shall succeed to the powers and
duties formerly exercised by the Legislative Council.
(Source: P.A. 83-1257.)
(25 ILCS 130/Art. 8 rep.)
(25 ILCS 130/Art. 11A rep.)
Section 45. The Legislative Commission Reorganization
Act of 1984 is amended by repealing Articles 8 and 11A.
Section 50. The Legislative Reference Bureau Act is
amended by changing Section 6 as follows:
(25 ILCS 135/6) (from Ch. 63, par. 30)
Sec. 6. The Architect of the Capitol Secretary of State
shall provide the Legislative said Reference Bureau with
suitable offices in the legislative complex, as defined in
the Legislative Commission Reorganization Act of 1984 State
Capitol, convenient to the place of meeting of the General
Assembly, and shall further provide said reference bureau
with the necessary furniture, stationery and supplies.
(Source: Laws 1913, p. 391.)
Section 55. The Legislative Information System Act is
amended by changing Sections 4, 5.07, and 8 as follows:
(25 ILCS 145/4) (from Ch. 63, par. 42.14)
Sec. 4. The Architect of the Capitol Secretary of State
shall furnish the System with suitable office space in the
legislative complex, as defined in the Legislative Commission
Reorganization Act of 1984 State Capitol, situated in a
location convenient to the chambers of the Senate and the
House of Representatives.
The Secretary of State shall, as State librarian,
cooperate with the System by making accessible to the System
the library collection and providing, on a loan basis, such
books, periodicals and other materials as relate to the
purposes of this Act.
(Source: P.A. 80-683.)
(25 ILCS 145/5.07) (from Ch. 63, par. 42.15-7)
Sec. 5.07. To make a biennial report to the General
Assembly, by April 1 of each odd-numbered year, summarizing
its accomplishments in the preceding 2 years and its
recommendations, including any proposed legislation it
considers necessary or desirable to effectuate the purposes
of this Act.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act "An Act to revise the law in relation to the
General Assembly", approved February 25, 1874, as amended,
and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 84-1438.)
(25 ILCS 145/8) (from Ch. 63, par. 42.18)
Sec. 8. The System may utilize the services of an
advisory committee for conceptualization, design and
implementation of applications considered or adopted by the
System. The advisory committee shall be comprised of (a) 8
legislative staff assistants, 2 to be appointed by the
Speaker of the House of Representatives, 2 by the Minority
Leader thereof, 2 by the President of the Senate and 2 by the
Minority Leader thereof, but at least one of the appointments
by each legislative leader must be from the staff of
legislative appropriation committees; (b) one professional
staff member from the Legislative Reference Bureau, appointed
by the Executive Director thereof; and one from the
Legislative Research Unit, appointed by the Executive
Director thereof; and one from the Intergovernmental
Cooperation Commission, appointed by the Executive Director
thereof and (c) the Executive Director of the Legislative
Information System, who shall serve as temporary chairman of
the advisory committee until a permanent chairman is chosen
from among its members. Members of the advisory committee
shall have no vote on the Joint Committee.
(Source: P.A. 84-1438.)
Section 60. The Legislative Audit Commission Act is
amended by changing Section 5 as follows:
(25 ILCS 150/5) (from Ch. 63, par. 108)
Sec. 5. The permanent office of the Legislative Audit
Commission shall be in the legislative complex, as defined in
the Legislative Commission Reorganization Act of 1984 State
Capitol Complex, wherein the Architect of the Capitol
Secretary of State shall provide suitable and sufficient
offices.
(Source: P.A. 78-884.)
Section 65. The Illinois Economic and Fiscal Commission
Act is amended by changing Sections 3, 4, and 6.2 as follows:
(25 ILCS 155/3) (from Ch. 63, par. 343)
Sec. 3. The Commission shall:
(1) Study from time to time and report to the General
Assembly on economic development and trends in the State.
(2) Make such special economic and fiscal studies as it
deems appropriate or desirable or as the General Assembly may
request.
(3) Based on its studies, recommend such State fiscal
and economic policies as it deems appropriate or desirable to
improve the functioning of State government and the economy
of the various regions within the State.
(4) Prepare annually a State economic report.
(5) Provide information for all appropriate legislative
organizations and personnel on economic trends in relation to
long range planning and budgeting.
(6) Study and make such recommendations as it deems
appropriate to the General Assembly on local and regional
economic and fiscal policy and on federal fiscal policy as it
may affect Illinois.
(7) Review capital expenditures, appropriations and
authorizations for both the State's general obligation and
revenue bonding authorities. At the direction of the
Commission, specific reviews may include economic feasibility
reviews of existing or proposed revenue bond projects to
determine the accuracy of the original estimate of useful
life of the projects, maintenance requirements and ability to
meet debt service requirements through their operating
expenses.
(8) Receive and review all executive agency and revenue
bonding authority annual and 3 year plans. The Commission
shall prepare a consolidated review of these plans, an
updated assessment of current State agency capital plans, a
report on the outstanding and unissued bond authorizations,
an evaluation of the State's ability to market further bond
issues and shall submit them as the "Legislative Capital Plan
Analysis" to the House and Senate Appropriations Committees
at least once a year. The Commission shall annually submit
to the General Assembly on the first Wednesday of April a
report on the State's long-term capital needs, with
particular emphasis upon and detail of the 5-year period in
the immediate future.
(9) Study and make recommendations it deems appropriate
to the General Assembly on State bond financing, bondability
guidelines, and debt management. At the direction of the
Commission, specific studies and reviews may take into
consideration short and long-run implications of State
bonding and debt management policy.
(10) Comply with the provisions of the "State Debt
Impact Note Act" as now or hereafter amended.
(11) Comply with the provisions of the Pension Impact
Note Act, as now or hereafter amended.
(12) By August 1st of each year, the Commission must
prepare and cause to be published a summary report of State
appropriations for the State fiscal year beginning the
previous July 1st. The summary report must discuss major
categories of appropriations, the issues the General Assembly
faced in allocating appropriations, comparisons with
appropriations for previous State fiscal years, and other
matters helpful in providing the citizens of Illinois with an
overall understanding of appropriations for that fiscal year.
The summary report must be written in plain language and
designed for readability. Publication must be in newspapers
of general circulation in the various areas of the State to
ensure distribution statewide. The summary report must also
be published on the General Assembly's web site.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act "An Act to revise the law in relation to the
General Assembly", approved February 25, 1874, as amended,
and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 92-67, eff. 7-12-01.)
(25 ILCS 155/4) (from Ch. 63, par. 344)
Sec. 4. (a) The Commission shall publish, at the
convening of each regular session of the General Assembly, a
report on the estimated income of the State from all
applicable revenue sources for the next ensuing fiscal year
and of any other funds estimated to be available for such
fiscal year. On the third Wednesday in March after the
session convenes, the Commission shall issue a revised and
updated set of revenue figures reflecting the latest
available information. The House and Senate by joint
resolution shall adopt or modify such estimates as may be
appropriate. The joint resolution shall constitute the
General Assembly's estimate, under paragraph (b) of Section 2
of Article VIII of the Constitution, of the funds estimated
to be available during the next fiscal year.
(b) On the third Wednesday in March, the Commission
shall issue estimated:
(1) pension funding requirements under P.A. 86-273;
and
(2) liabilities of the State employee group health
insurance program.
These estimated costs shall be for the fiscal year
beginning the following July 1.
(c) The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report
with the Speaker, the Minority Leader and the Clerk of the
House of Representatives and the President, the Minority
Leader and the Secretary of the Senate and the Legislative
Research unit, as required by Section 3.1 of the General
Assembly Organization Act "An Act to revise the law in
relation to the General Assembly", approved February 25,
1874, as amended, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(Source: P.A. 87-1142.)
(25 ILCS 155/6.2) (from Ch. 63, par. 346.2)
Sec. 6.2. Short title. This Act shall be known and may be
cited as the Illinois Economic and Fiscal Commission Act.
(Source: P.A. 83-1257.)
Section 70. The State Finance Act is amended by adding
Sections 5.620 and 9b-5 as follows:
(30 ILCS 105/5.620 new)
Sec. 5.620. The Capitol Restoration Trust Fund.
(30 ILCS 105/9b-5 new)
Sec. 9b-5. Appropriations for capital projects.
(a) Notwithstanding any other law to the contrary, a
construction agency, as defined in the Illinois Procurement
Code, that has unobligated funds appropriated for capital
projects relating to the legislative complex that it will not
expend during the fiscal year may enter into an agreement
with the Architect of the Capitol for the expenditure of the
funds by the Architect of the Capitol on the improvement,
construction, historic preservation, restoration,
maintenance, repair, and landscaping of buildings and
facilities within the legislative complex, as defined in
Article 8A of the Legislative Commission Reorganization Act
of 1984, during the fiscal year, including any lapse period,
in which the funds were appropriated to the construction
agency. The Architect of the Capitol shall file copies of the
agreement with the State Comptroller and the State Treasurer.
(b) Funds subject to an agreement authorized by
subsection (a) are deemed to have been appropriated to the
Architect of the Capitol for the improvement, construction,
historic preservation, restoration, maintenance, repair, and
landscaping of buildings and facilities within the
legislative complex, as defined in Article 8A of the
Legislative Commission Reorganization Act of 1984, to the
same extent as if the Architect of the Capitol and that
purpose were specifically named in the appropriation law.
(30 ILCS 500/30-43 rep.)
Section 80. The Illinois Procurement Code is amended by
repealing Section 30-43.
Section 85. The State Mandates Act is amended by
changing Section 4 as follows:
(30 ILCS 805/4) (from Ch. 85, par. 2204)
Sec. 4. Collection and maintenance of information
concerning state mandates.
(a) The Department of Commerce and Economic Opportunity
Community Affairs, hereafter referred to as the Department,
shall be responsible for:
(1) Collecting and maintaining information on State
mandates, including information required for effective
implementation of the provisions of this Act.
(2) Reviewing local government applications for
reimbursement submitted under this Act in cases in which
the General Assembly has appropriated funds to reimburse
local governments for costs associated with the
implementation of a State mandate. In cases in which
there is no appropriation for reimbursement, upon a
request for determination of a mandate by a unit of local
government, or more than one unit of local government
filing a single request, other than a school district or
a community college district, the Department shall
determine whether a Public Act constitutes a mandate and,
if so, the Statewide cost of implementation.
(3) Hearing complaints or suggestions from local
governments and other affected organizations as to
existing or proposed State mandates.
(4) Reporting each year to the Governor and the
General Assembly regarding the administration of
provisions of this Act and changes proposed to this Act.
The Legislative Research Unit Illinois Commission on
Intergovernmental Cooperation shall conduct an annual public
hearings as needed hearing to review the information
collected and the recommendations made by the Department
under this subsection (a). The Department shall cooperate
fully with the Legislative Research Unit Commission,
providing any information, supporting documentation and other
assistance required by the Legislative Research Unit
Commission to facilitate the conduct of the hearing.
(b) Within 2 years following the effective date of this
Act, the Department shall collect and tabulate relevant
information as to the nature and scope of each existing State
mandate, including but not necessarily limited to (i)
identity of type of local government and local government
agency or official to whom the mandate is directed; (ii)
whether or not an identifiable local direct cost is
necessitated by the mandate and the estimated annual amount;
(iii) extent of State financial participation, if any, in
meeting identifiable costs; (iv) State agency, if any,
charged with supervising the implementation of the mandate;
and (v) a brief description of the mandate and a citation of
its origin in statute or regulation.
(c) The resulting information from subsection (b) shall
be published in a catalog available to members of the General
Assembly, State and local officials, and interested citizens.
As new mandates are enacted they shall be added to the
catalog, and each January 31 the Department shall list each
new mandate enacted at the preceding session of the General
Assembly, and the estimated additional identifiable direct
costs, if any imposed upon local governments. A revised
version of the catalog shall be published every 2 years
beginning with the publication date of the first catalog.
(d) Failure of the General Assembly to appropriate
adequate funds for reimbursement as required by this Act
shall not relieve the Department of Commerce and Economic
Opportunity Community Affairs from its obligations under this
Section.
(Source: P.A. 89-304, eff. 8-11-95; 90-372, eff. 7-1-98.)
Section 90. The Illinois Pension Code is amended by
changing Sections 3-109.3, 14-108.3, 15-158.3, 16-133.3,
22-803, 22-1001, 22-1002, and 22-1003 as follows:
(40 ILCS 5/3-109.3)
Sec. 3-109.3. Self-managed plan.
(a) Purpose. The General Assembly finds that it is
important for municipalities to be able to attract and retain
the most qualified police officers and that in order to
attract and retain these police officers, municipalities
should have the flexibility to provide a defined contribution
plan as an alternative for eligible employees who elect not
to participate in a defined benefit retirement program
provided under this Article. Accordingly, a self-managed
plan shall be provided, which shall offer participating
employees the opportunity to accumulate assets for retirement
through a combination of employee and employer contributions
that may be invested in mutual funds, collective investment
funds, or other investment products and used to purchase
annuity contracts, either fixed or variable, or a combination
thereof. The plan must be qualified under the Internal
Revenue Code of 1986.
(b) Study by Commission; Adoption of plan. The Illinois
Pension Laws Commission (or its successor, the Economic and
Fiscal Commission) shall study and evaluate the creation of a
statewide self-managed plan for eligible employees under this
Article. The Commission shall report its findings and
recommendations to the General Assembly no later than January
1, 2002.
In accordance with the recommendations of the Commission
and any action taken by the General Assembly in response to
those recommendations, a statewide self-managed plan shall be
adopted for eligible employees under this Article. The
self-managed plan shall take effect as specified in the plan,
but in no event earlier than July 1, 2002 or the date of its
approval by the U.S. Internal Revenue Service, whichever
occurs later.
The self-managed plan shall include a plan document and
shall provide for the adoption of such rules and procedures
as are necessary or desirable for the administration of the
self-managed plan. Consistent with fiduciary duty to the
participants and beneficiaries of the self-managed plan, it
may provide for delegation of suitable aspects of plan
administration to companies authorized to do business in this
State.
(c) Selection of service providers and funding vehicles.
The principal administrator of the self-managed plan shall
solicit proposals to provide administrative services and
funding vehicles for the self-managed plan from insurance and
annuity companies and mutual fund companies, banks, trust
companies, or other financial institutions authorized to do
business in this State. In reviewing the proposals received
and approving and contracting with no fewer than 2 and no
more than 7 companies, the principal administrator shall
consider, among other things, the following criteria:
(1) the nature and extent of the benefits that
would be provided to the participants;
(2) the reasonableness of the benefits in relation
to the premium charged;
(3) the suitability of the benefits to the needs
and interests of the participating employees and the
employer;
(4) the ability of the company to provide benefits
under the contract and the financial stability of the
company; and
(5) the efficacy of the contract in the recruitment
and retention of employees.
The principal administrator shall periodically review
each approved company. A company may continue to provide
administrative services and funding vehicles for the
self-managed plan only so long as it continues to be an
approved company under contract with the principal
administrator.
(d) Employee Direction. Employees who are participating
in the program must be allowed to direct the transfer of
their account balances among the various investment options
offered, subject to applicable contractual provisions. The
participant shall not be deemed a fiduciary by reason of
providing such investment direction. A person who is a
fiduciary shall not be liable for any loss resulting from
such investment direction and shall not be deemed to have
breached any fiduciary duty by acting in accordance with that
direction. The self-managed plan does not guarantee any of
the investments in the employee's account balances.
(e) Participation. An eligible employee must make a
written election in accordance with the provisions of Section
3-109.2 and the procedures established under the self-managed
plan. Participation in the self-managed plan by an eligible
employee who elects to participate in the self-managed plan
shall begin on the first day of the first pay period
following the later of the date the employee's election is
filed with the fund or the employer, but in no event sooner
than the effective date of the self-managed plan.
A police officer who has elected to participate in the
self-managed plan under this Section must continue
participation while employed in an eligible position, and may
not participate in any other retirement program administered
by the municipality while employed as a police officer by
that municipality. Participation in the self-managed plan
under this Section shall constitute membership in an Article
3 pension fund.
(f) No Duplication of Service Credit. Notwithstanding
any other provision of this Article, a police officer may not
purchase or receive service or service credit applicable to
any other retirement program administered by a fund under
this Article for any period during which the police officer
was a participant in the self-managed plan established under
this Section.
(g) Contributions. The self-managed plan shall be
funded by contributions from participants in the self-managed
plan and employer contributions as provided in this Section.
The contribution rate for a participant in the
self-managed plan under this Section shall be a minimum of
10% of his or her salary. This required contribution shall
be made as an "employer pick-up" under Section 414(h) of the
Internal Revenue Code of 1986 or any successor Section
thereof. An employee may make additional contributions to
the self-managed plan in accordance with the terms of the
plan.
The self-managed plan shall provide for employer
contributions to be credited to each self-managed plan
participant at a rate of 10% of the participating employee's
salary, less the amount of the employer contribution used to
provide disability benefits for the employee. The amounts so
credited shall be paid into the participant's self-managed
plan accounts in the manner prescribed by the plan.
An amount of employer contribution, not exceeding 1.5% of
the participating employee's salary, shall be used for the
purpose of providing disability benefits to the participating
employee. Prior to the beginning of each plan year under the
self-managed plan, the principal administrator shall
determine, as a percentage of salary, the amount of employer
contributions to be allocated during that plan year for
providing disability benefits for employees in the
self-managed plan.
(h) Vesting; Withdrawal; Return to Service. A
participant in the self-managed plan becomes fully vested in
the employer contributions credited to his or her account in
the self-managed plan on the earliest to occur of the
following:
(1) completion of 6 years of service with the
municipality; or
(2) the death of the participating employee while
employed by the municipality, if the participant has
completed at least 1.5 years of service.
A participant in the self-managed plan who receives a
distribution of his or her vested amounts from the
self-managed plan upon or after termination of employment
shall forfeit all service credit and accrued rights in the
fund of his or her employer; if subsequently re-employed, the
participant shall be considered a new employee. If a former
participant again becomes a participating employee and
continues as such for at least 2 years, all such rights,
service credit, and previous status as a participant shall be
restored upon repayment of the amount of the distribution
without interest.
(i) Benefit amounts. If a participating employee who is
fully vested in employer contributions terminates employment,
the participating employee shall be entitled to a benefit
which is based on the account values attributable to both
employer and employee contributions and any investment return
thereon.
If a participating employee who is not fully vested in
employer contributions terminates employment, the employee
shall be entitled to a benefit based on the account values
attributable to the employee's contributions and any
investment return thereon, plus the following percentage of
employer contributions and any investment return thereon: 20%
after the second year; 40% after the third year; 60% after
the fourth year; 80% after the fifth year; and 100% after the
sixth year. The remainder of employer contributions and
investment return thereon shall be forfeited. Any employer
contributions that are forfeited shall be held in escrow by
the company investing those contributions and shall be used
as directed by the municipality for future allocations of
employer contributions or for the restoration of amounts
previously forfeited by former participants who again become
participating employees.
(Source: P.A. 91-939, eff. 2-1-01.)
(40 ILCS 5/14-108.3)
Sec. 14-108.3. Early retirement incentives.
(a) To be eligible for the benefits provided in this
Section, a person must:
(1) be a member of this System who, on any day
during June, 2002, is (i) in active payroll status in a
position of employment with a department and an active
contributor to this System with respect to that
employment, and terminates that employment before the
retirement annuity under this Article begins, or (ii) on
layoff status from such a position with a right of
re-employment or recall to service, or (iii) receiving
benefits under Section 14-123, 14-123.1 or 14-124, but
only if the member has not been receiving those benefits
for a continuous period of more than 2 years as of the
date of application;
(2) not have received any retirement annuity under
this Article beginning earlier than August 1, 2002;
(3) file with the Board on or before December 31,
2002 a written application requesting the benefits
provided in this Section;
(4) terminate employment under this Article no
later than December 31, 2002 (or the date established
under subsection (d), if applicable);
(5) by the date of termination of service, have at
least 8 years of creditable service under this Article,
without the use of any creditable service established
under this Section;
(6) by the date of termination of service, have at
least 5 years of membership service earned while an
employee under this Article, which may include military
service for which credit is established under Section
14-105(b), service during the qualifying period for which
credit is established under Section 14-104(a), and
service for which credit has been established by repaying
a refund under Section 14-130, but shall not include
service for which any other optional service credit has
been established; and
(7) not receive any early retirement benefit under
Section 16-133.3 of this Code.
(b) An eligible person may establish up to 5 years of
creditable service under this Article, in increments of one
month, by making the contributions specified in subsection
(c). In addition, for each month of creditable service
established under this Section, a person's age at retirement
shall be deemed to be one month older than it actually is.
The creditable service established under this Section may
be used for all purposes under this Article and the
Retirement Systems Reciprocal Act, except for the computation
of final average compensation under Section 14-103.12 or the
determination of compensation under this or any other Article
of this Code.
The age enhancement established under this Section may
not be used to enable any person to begin receiving a
retirement annuity calculated under Section 14-110 before
actually attaining age 50 (without any age enhancement under
this Section). The age enhancement established under this
Section may be used for all other purposes under this Article
(including calculation of a proportionate annuity payable by
this System under the Retirement Systems Reciprocal Act),
except for purposes of the level income option in Section
14-112, the reversionary annuity under Section 14-113, and
the required distributions under Section 14-121.1.
The age enhancement established under this Section may be
used in determining benefits payable under Article 16 of this
Code under the Retirement Systems Reciprocal Act, if the
person has at least 5 years of service credit in the Article
16 system that was earned while participating in that system
as a teacher (as defined in Section 16-106) employed by a
department (as defined in Section 14-103.04). Age
enhancement established under this Section shall not
otherwise be used in determining benefits payable under other
Articles of this Code under the Retirement Systems Reciprocal
Act.
(c) For all creditable service established under this
Section, a person must pay to the System an employee
contribution to be determined by the System, based on the
member's rate of compensation on June 1, 2002 (or the last
date before June 1, 2002 for which a rate can be determined)
and the retirement contribution rate in effect on June 1,
2002 for the member (or for members with the same social
security and alternative formula status as the member).
If the member receives a lump sum payment for accumulated
vacation, sick leave and personal leave upon withdrawal from
service, and the net amount of that lump sum payment is at
least as great as the amount of the contribution required
under this Section, the entire contribution must be paid by
the employee by payroll deduction. If there is no such lump
sum payment, or if it is less than the contribution required
under this Section, the member shall make an initial payment
by payroll deduction, equal to the net amount of the lump sum
payment for accumulated vacation, sick leave, and personal
leave, and have the remaining amount due treated as a
reduction from the retirement annuity in 24 equal monthly
installments beginning in the month in which the retirement
annuity takes effect. The required contribution may be paid
as a pre-tax deduction from earnings. For federal and
Illinois tax purposes, the monthly amount by which the
annuitant's benefit is reduced shall not be treated as a
contribution by the annuitant, but rather as a reduction of
the annuitant's monthly benefit.
(c-5) The reduction in retirement annuity provided in
subsection (c) of Section 14-108 does not apply to the
annuity of a person who retires under this Section. A person
who has received any age enhancement or creditable service
under this Section may begin to receive an unreduced
retirement annuity upon attainment of age 55 with at least 25
years of creditable service (including any age enhancement
and creditable service established under this Section).
(d) In order to ensure that the efficient operation of
State government is not jeopardized by the simultaneous
retirement of large numbers of key personnel, the director or
other head of a department may, for key employees of that
department, extend the December 31, 2002 deadline for
terminating employment under this Article established in
subdivision (a)(4) of this Section to a date not later than
April 30, 2003 by so notifying the System in writing by
December 31, 2002.
(e) Notwithstanding Section 14-111, a person who has
received any age enhancement or creditable service under this
Section and who reenters service under this Article (or as an
employee of a department under Article 16) other than as a
temporary employee thereby forfeits that age enhancement and
creditable service and is entitled to a refund of the
contributions made pursuant to this Section.
(f) The System shall determine the amount of the
increase in unfunded accrued liability resulting from the
granting of early retirement incentives under this Section
and shall report that amount to the Governor and the Pension
Laws Commission (or its successor, the Economic and Fiscal
Commission) on or before November 15, 2003. The increase in
liability reported under this subsection (f) shall not be
included in the calculation of the required State
contribution under Section 14-131.
(g) The System shall determine the amount of the annual
State contribution necessary to amortize on a level
dollar-payment basis, over a period of 10 years at 8.5%
interest, compounded annually, an amount equal to the
increase in unfunded accrued liability determined under
subsection (f) minus $70,000,000. The System shall certify
the amount of this annual State contribution to the Governor,
the State Comptroller, the Governor's Office of Management
and Budget (formerly Bureau of the Budget), and the Pension
Laws Commission (or its successor, the Economic and Fiscal
Commission) on or before November 15, 2003.
In addition to the contributions otherwise required under
this Article, the State shall appropriate and pay to the
System (1) an amount equal to $70,000,000 in State fiscal
year 2004 and (2) in each of State fiscal years 2005 through
2013, an amount equal to the annual State contribution
certified by the System under this subsection (g).
(h) The Pension Laws Commission (or its successor, the
Economic and Fiscal Commission) shall determine and report to
the General Assembly, on or before January 1, 2004 and
annually thereafter through the year 2013, its estimate of
(1) the annual amount of payroll savings likely to be
realized by the State as a result of the early retirement of
persons receiving early retirement incentives under this
Section and (2) the net annual savings or cost to the State
from the program of early retirement incentives created under
this Section.
The System, the Department of Central Management
Services, the Governor's Office of Management and Budget
(formerly Bureau of the Budget), and all other departments
shall provide to the Commission any assistance that the
Commission may request with respect to its reports under this
Section. The Commission may require departments to provide
it with any information that it deems necessary or useful
with respect to its reports under this Section, including
without limitation information about (1) the final earnings
of former department employees who elected to receive
benefits under this Section, (2) the earnings of current
department employees holding the positions vacated by persons
who elected to receive benefits under this Section, and (3)
positions vacated by persons who elected to receive benefits
under this Section that have not yet been refilled.
(i) The changes made to this Section by this amendatory
Act of the 92nd General Assembly do not apply to persons who
retired under this Section on or before May 1, 1992.
(Source: P.A. 92-566, eff. 6-25-02; revised 8-23-03.)
(40 ILCS 5/15-158.3)
Sec. 15-158.3. Reports on cost reduction; effect on
retirement at any age with 30 years of service.
(a) On or before November 15, 2001 and on or before
November 15th of each year thereafter, the Board shall have
the System's actuary prepare a report showing, on a fiscal
year by fiscal year basis, the actual rate of participation
in the self-managed plan authorized by Section 15-158.2, (i)
by employees of the System's covered higher educational
institutions who were hired on or after the implementation
date of the self-managed plan and (ii) by other System
participants.
The actuary's report must also quantify the extent to
which employee optional retirement plan participation has
reduced the State's required contributions to the System,
expressed both in dollars and as a percentage of covered
payroll, in relation to what the State's contributions to the
System would have been (1) if the self-managed plan had not
been implemented, and (2) if 45% of employees of the System's
covered higher educational institutions who were hired on or
after the implementation date of the self-managed plan had
elected to participate in the self-managed plan and 10% of
other System participants had transferred to the self-managed
plan following its implementation.
(b) On or before November 15th of 2001 and on or before
November 15th of each year thereafter, the Illinois Board of
Higher Education, in conjunction with the
Bureau of the Budget (now Governor's Office of Management and
Budget) shall prepare a report showing, on a fiscal year by
fiscal year basis, the amount by which the costs associated
with compensable sick leave have been reduced as a result of
the termination of compensable sick leave accrual on and
after January 1, 1998 by employees of higher education
institutions who are participants in the System.
(c) On or before November 15 of 2001 and on or before
November 15th of each year thereafter, the Department of
Central Management Services shall prepare a report showing,
on a fiscal year by fiscal year basis, the amount by which
the State's cost for health insurance coverage under the
State Employees Group Insurance Act of 1971 for retirees of
the State's universities and their survivors has declined as
a result of requiring some of those retirees and survivors to
contribute to the cost of their basic health insurance.
These year-by-year reductions in cost must be quantified both
in dollars and as a level percentage of payroll covered by
the System.
(d) The reports required under subsections (a), (b), and
(c) shall be disseminated to the Board, the Pension Laws
Commission (until it ceases to exist), the Illinois Economic
and Fiscal Commission, the Illinois Board of Higher
Education, and the Governor.
(e) The reports required under subsections (a), (b), and
(c) shall be taken into account by the Pension Laws
Commission (or its successor, the Economic and Fiscal
Commission) in making any recommendation to extend by
legislation beyond December 31, 2002 the provision that
allows a System participant to retire at any age with 30 or
more years of service as authorized in Section 15-135. If
that provision is extended beyond December 31, 2002, and if
the most recent report under subsection (a) indicates that
actual State contributions to the System for the period
during which the self-managed plan has been in operation have
exceeded the projected State contributions under the
assumptions in clause (2) of subsection (a), then any
extension of the provision beyond December 31, 2002 must
require that the System's higher educational institutions and
agencies cover any funding deficiency through an annual
payment to the System out of appropriate resources of their
own.
(Source: P.A. 90-9, eff. 7-1-97; 90-766, eff. 8-14-98;
revised 8-23-03.)
(40 ILCS 5/16-133.3) (from Ch. 108 1/2, par. 16-133.3)
Sec. 16-133.3. Early retirement incentives for State
employees.
(a) To be eligible for the benefits provided in this
Section, a person must:
(1) be a member of this System who, on any day
during June, 2002, is (i) in active payroll status as a
full-time teacher employed by a department and an active
contributor to this System with respect to that
employment, or (ii) on layoff status from such a position
with a right of re-employment or recall to service, or
(iii) receiving a disability benefit under Section 16-149
or 16-149.1, but only if the member has not been
receiving that benefit for a continuous period of more
than 2 years as of the date of application;
(2) not have received any retirement annuity under
this Article beginning earlier than August 1, 2002;
(3) file with the Board on or before December 31,
2002 a written application requesting the benefits
provided in this Section;
(4) terminate employment under this Article no
later than December 31, 2002 (or the date established
under subsection (d), if applicable);
(5) by the date of termination of service, have at
least 8 years of creditable service under this Article,
without the use of any creditable service established
under this Section;
(6) by the date of termination of service, have at
least 5 years of service credit earned while
participating in the System as a teacher employed by a
department; and
(7) not receive any early retirement benefit under
Section 14-108.3 of this Code.
For the purposes of this Section, "department" means a
department as defined in Section 14-103.04 that employs a
teacher as defined in this Article.
(b) An eligible person may establish up to 5 years of
creditable service under this Article by making the
contributions specified in subsection (c). In addition, for
each period of creditable service established under this
Section, a person's age at retirement shall be deemed to be
enhanced by an equivalent period.
The creditable service established under this Section may
be used for all purposes under this Article and the
Retirement Systems Reciprocal Act, except for the computation
of final average salary, the determination of salary or
compensation under this Article or any other Article of this
Code, or the determination of eligibility for or the
computation of benefits under Section 16-133.2.
The age enhancement established under this Section may be
used for all purposes under this Article (including
calculation of a proportionate annuity payable by this System
under the Retirement Systems Reciprocal Act), except for
purposes of a retirement annuity under Section 16-133(a)(A),
a reversionary annuity under Section 16-136, the required
distributions under Section 16-142.3, and the determination
of eligibility for or the computation of benefits under
Section 16-133.2. Age enhancement established under this
Section may be used in determining benefits payable under
Article 14 of this Code under the Retirement Systems
Reciprocal Act (subject to the limitations on the use of age
enhancement provided in Section 14-108.3); age enhancement
established under this Section shall not be used in
determining benefits payable under other Articles of this
Code under the Retirement Systems Reciprocal Act.
(c) For all creditable service established under this
Section, a person must pay to the System an employee
contribution to be determined by the System, equal to 9.0% of
the member's highest annual salary rate that would be used in
the determination of the average salary for retirement
annuity purposes if the member retired immediately after
withdrawal, for each year of creditable service established
under this Section.
If the member receives a lump sum payment for accumulated
vacation, sick leave, and personal leave upon withdrawal from
service, and the net amount of that lump sum payment is at
least as great as the amount of the contribution required
under this Section, the entire contribution must be paid by
the employee by payroll deduction. If there is no such lump
sum payment, or if it is less than the contribution required
under this Section, the member shall make an initial payment
by payroll deduction, equal to the net amount of the lump sum
payment for accumulated vacation, sick leave, and personal
leave, and have the remaining amount due treated as a
reduction from the retirement annuity in 24 equal monthly
installments beginning in the month in which the retirement
annuity takes effect. The required contribution may be paid
as a pre-tax deduction from earnings.
(d) In order to ensure that the efficient operation of
State government is not jeopardized by the simultaneous
retirement of large numbers of key personnel, the director or
other head of a department may, for key employees of that
department, extend the December 31, 2002 deadline for
terminating employment under this Article established in
subdivision (a)(4) of this Section to a date not later than
April 30, 2003 by so notifying the System in writing by
December 31, 2002.
(e) A person who has received any age enhancement or
creditable service under this Section and who reenters
contributing service under this Article or Article 14 shall
thereby forfeit that age enhancement and creditable service,
and become entitled to a refund of the contributions made
pursuant to this Section.
(f) The System shall determine the amount of the
increase in unfunded accrued liability resulting from the
granting of early retirement incentives under this Section
and shall report that amount to the Governor and the Pension
Laws Commission (or its successor, the Economic and Fiscal
Commission) on or before November 15, 2003. The increase in
liability reported under this subsection (f) shall not be
included in the calculation of the required State
contribution under Section 16-158.
(g) The System shall determine the amount of the annual
State contribution necessary to amortize on a level
dollar-payment basis, over a period of 10 years at 8.5%
interest, compounded annually, an amount equal to the
increase in unfunded accrued liability determined under
subsection (f) minus $1,000,000. The System shall certify
the amount of this annual State contribution to the Governor,
the State Comptroller, the Governor's Office of Management
and Budget (formerly Bureau of the Budget), and the Pension
Laws Commission (or its successor, the Economic and Fiscal
Commission) on or before November 15, 2003.
In addition to the contributions otherwise required under
this Article, the State shall appropriate and pay to the
System (1) an amount equal to $1,000,000 in State fiscal year
2004 and (2) in each of State fiscal years 2005 through 2013,
an amount equal to the annual State contribution certified by
the System under this subsection (g).
(h) The Pension Laws Commission (or its successor, the
Economic and Fiscal Commission) shall determine and report to
the General Assembly, on or before January 1, 2004 and
annually thereafter through the year 2013, its estimate of
(1) the annual amount of payroll savings likely to be
realized by the State as a result of the early retirement of
persons receiving early retirement incentives under this
Section and (2) the net annual savings or cost to the State
from the program of early retirement incentives created under
this Section.
The System, the Department of Central Management
Services, the Governor's Office of Management and Budget
(formerly Bureau of the Budget), and all other departments
shall provide to the Commission any assistance that the
Commission may request with respect to its reports under this
Section. The Commission may require departments to provide
it with any information that it deems necessary or useful
with respect to its reports under this Section, including
without limitation information about (1) the final earnings
of former department employees who elected to receive
benefits under this Section, (2) the earnings of current
department employees holding the positions vacated by persons
who elected to receive benefits under this Section, and (3)
positions vacated by persons who elected to receive benefits
under this Section that have not yet been refilled.
(i) The changes made to this Section by this amendatory
Act of the 92nd General Assembly do not apply to persons who
retired under this Section on or before May 1, 1992.
(Source: P.A. 92-566, eff. 6-25-02; revised 8-23-03.)
(40 ILCS 5/22-803)
Sec. 22-803. Economic and Fiscal Pension Laws Commission.
The Illinois State Board of Investment and all pension funds
and retirement systems subject to this Code shall cooperate
with the Economic and Fiscal Pension Laws Commission and
shall upon request provide the Commission with such
information and other assistance as it may find necessary or
useful for the performance of its duties.
(Source: P.A. 89-113, eff. 7-7-95.)
(40 ILCS 5/22-1001) (from Ch. 108 1/2, par. 22-1001)
Sec. 22-1001. Submission of information. By March 1 of
each year, the retirement systems created under Articles 2,
14, 15, 16 and 18 of this Code shall each submit the
following information to the Economic and Fiscal Pension Laws
Commission:
(1) the most recent actuarial valuation computed using
the projected unit credit actuarial cost method for
retirement and ancillary benefits.
(2) a full disclosure of the provisions of the plan;
economic, mortality, termination, and demographic assumptions
used for the valuation; methods used to determine the
actuarial values; the impact of significant changes in the
actuarial assumptions and methods; the most recent experience
review; and other information affecting the plan's actuarial
status.
(3) the State's share of the amount necessary to fund
the normal cost plus interest on the unfunded accrued
liability for the next fiscal year as determined by the
projected unit credit computations.
(4) a five-year history of the system's liabilities,
assets (valued at cost), and unfunded liabilities.
(5) the July 1 market value of system assets and a
five-year history of annual and annualized investment returns
of the system's total portfolio and each segment of the
portfolio; and
(6) measures of financial status, including ten-year
trends of: unfunded liabilities, funded ratios, quick
liability ratios, current reserves, and other solvency tests
requested by the Commission.
For plan years ending prior to December 31, 1984, the
historical data submitted by the retirement systems pursuant
to items (4) and (6) above may be based on a cost method
other than the projected unit credit actuarial cost method.
In submitting the data, the retirement systems shall specify
the method used.
(Source: P.A. 89-113, eff. 7-7-95.)
(40 ILCS 5/22-1002) (from Ch. 108 1/2, par. 22-1002)
Sec. 22-1002. Within 3 days of the Governor's submission
of the State Budget, the Director of the Governor's Office of
Management and Budget Bureau of the Budget shall provide the
Illinois Economic and Fiscal Commission and the Pension Laws
Commission with the recommendations for budgeted annual
appropriations for each system as specified in the Governor's
budget recommendations.
(Source: P.A. 89-113, eff. 7-7-95; revised 8-23-03.)
(40 ILCS 5/22-1003) (from Ch. 108 1/2, par. 22-1003)
Sec. 22-1003. The Economic and Fiscal Pension Laws
Commission shall receive the information specified in Section
22-1001 and Section 22-1002 of this Act. Commission staff
shall examine the information and submit a report of the
analysis thereof to the General Assembly. The report shall
also include either an analysis of the effect of the
different economic assumptions used by the 5 systems, or
supplemental valuations using the same economic assumptions
for all 5 systems. The Commission shall compare (1) each
system's required actuarial funding computed using the
projected unit credit actuarial cost method, and (2) the
required State contribution levels established by Public Act
88-593. The report shall also identify the amount of the
required funding for each system expected to come from (i)
budgeted annual appropriations and (ii) continuing
appropriations under the State Pension Funds Continuing
Appropriation Act.
The Commission shall also compute multiple year
projections showing the effect on system liabilities and the
State's annual cost (1) if the systems were to be funded
according to actuarial recommendations that the Commission
deems reasonable, (2) if each system were to be funded
according to recommendations made by the system's actuary,
and (3) if the systems were to be funded according to the
required State contribution levels established by Public Act
88-593; including (i) comparisons of State costs with
projected benefit payments, payroll, and the general funds
budget, and (ii) comparisons of unfunded liabilities, funded
ratios, solvency tests, and projected reserves. The
Commission may conduct additional analyses and projections as
it deems useful.
(Source: P.A. 89-113, eff. 7-7-95.)
Section 95. The Midwestern Higher Education Compact Act
is amended by changing Section 2a as follows:
(45 ILCS 155/2a) (from Ch. 144, par. 2803)
Sec. 2a. The Legislative Research Unit Illinois
Commission on Intergovernmental Cooperation in order to
ensure the purposes of this Act as determined by Section 1,
shall in January of 1993 and each January thereafter report
to the Governor and General Assembly. This report shall
contain a program evaluation and recommendations as to the
advisability of the continued participation of Illinois in
the Midwestern Higher Education Compact.
(Source: P.A. 87-147.)
Section 100. The Quad Cities Regional Economic
Development Authority Act, approved September 22, 1987, is
amended by changing Section 6 as follows:
(70 ILCS 510/6) (from Ch. 85, par. 6206)
Sec. 6. Records and Reports of the Authority. The
secretary shall keep a record of the proceedings of the
Authority. The treasurer of the Authority shall be custodian
of all Authority funds, and shall be bonded in such amount as
the other members of the Authority may designate. The
accounts and bonds of the Authority shall be set up and
maintained in a manner approved by the Auditor General, and
the Authority shall file with the Auditor General a certified
annual report within 120 days after the close of its fiscal
year. The Authority shall also file with the Governor, the
Secretary of the Senate, the Clerk of the House of
Representatives, and the Legislative Research Unit Illinois
Commission on Intergovernmental Cooperation, by March 1 of
each year, a written report covering its activities and any
activities of any instrumentality corporation established
pursuant to this Act for the previous fiscal year. In its
report to be filed by March 1, 1988, the Authority shall
present an economic development strategy for the Quad Cities
region for the year beginning July 1, 1988 and for the 4
years next ensuing. In each annual report thereafter, the
Authority shall make modifications in such economic
development strategy for the 4 years beginning on the next
ensuing July 1, to reflect changes in economic conditions or
other factors, including the policies of the Authority and
the State of Illinois. It also shall present an economic
development strategy for the fifth year beginning after the
next ensuing July 1. The strategy shall recommend specific
legislative and administrative action by the State, the
Authority, units of local government or other governmental
agencies. Such recommendations may include, but are not
limited to, new programs, modifications to existing programs,
credit enhancements for bonds issued by the Authority, and
amendments to this Act. When filed, such report shall be a
public record and open for inspection at the offices of the
Authority during normal business hours.
(Source: P.A. 85-713.)
Section 105. The Quad Cities Regional Economic
Development Authority Act, certified December 30, 1987, is
amended by changing Section 6 as follows:
(70 ILCS 515/6) (from Ch. 85, par. 6506)
Sec. 6. Records and Reports of the Authority. The
secretary shall keep a record of the proceedings of the
Authority. The treasurer of the Authority shall be custodian
of all Authority funds, and shall be bonded in such amount as
the other members of the Authority may designate. The
accounts and bonds of the Authority shall be set up and
maintained in a manner approved by the Auditor General, and
the Authority shall file with the Auditor General a certified
annual report within 120 days after the close of its fiscal
year. The Authority shall also file with the Governor, the
Secretary of the Senate, the Clerk of the House of
Representatives, and the Legislative Research Unit Illinois
Commission on Intergovernmental Cooperation, by March 1 of
each year, a written report covering its activities and any
activities of any instrumentality corporation established
pursuant to this Act for the previous fiscal year. In its
report to be filed by March 1, 1988, the Authority shall
present an economic development strategy for the Quad Cities
region for the year beginning July 1, 1988 and for the 4
years next ensuing. In each annual report thereafter, the
Authority shall make modifications in such economic
development strategy for the 4 years beginning on the next
ensuing July 1, to reflect changes in economic conditions or
other factors, including the policies of the Authority and
the State of Illinois. It also shall present an economic
development strategy for the fifth year beginning after the
next ensuing July 1. The strategy shall recommend specific
legislative and administrative action by the State, the
Authority, units of local government or other governmental
agencies. Such recommendations may include, but are not
limited to, new programs, modifications to existing programs,
credit enhancements for bonds issued by the Authority, and
amendments to this Act. When filed, such report shall be a
public record and open for inspection at the offices of the
Authority during normal business hours.
(Source: P.A. 85-988.)
Section 110. The Illinois Public Aid Code is amended by
changing Sections 3-13, 5-5, 5-5.5, 5-15, 9-6.1, 9-8, 11-5,
12-4.30, 12-5, and 12-8 as follows:
(305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
Sec. 3-13. Federal program - Declaration of
responsibilities: It is the position of this State that the
Federal Government should meet its obligation to provide
financial aid to those aged, blind or disabled persons
eligible under Article III hereof so as to assure those
persons a standard of living compatible with health and
well-being, including any supplementary aid program provided
to meet special or emergency needs, and it is the position of
this State that the Federal Government should meet its
obligation to provide continuing supplemental nutritional aid
for such persons through the Federal Food Stamp Program or
through full reimbursement for expenditures made in lieu of
such Food Stamp Program.
(a) The Illinois Department may, from federal
reimbursements received under this Section, make
disbursements to any attorney, or advocate working under the
supervision of an attorney, who represents a recipient of
assistance under Article VI of this Code in a program
administered by the Illinois Department, in an appeal of any
claim for federal Supplemental Security Income benefits
before an administrative law judge which is decided in favor
of such recipient. The amount of such disbursement shall be
equal to 25% of the maximum federal Supplemental Security
Income grant payable to an individual for a period of one
year. No such disbursement shall be made unless a petition
and a copy of the favorable decision is submitted by such
attorney or advocate to the Illinois Department within 60
days of the date of such decision. The disbursement shall be
made within 30 days after the petition is received. The
Illinois Department shall promulgate rules and regulations
necessary to implement this subsection.
(b) The Illinois Department shall institute a State
program to fully supplement the federal Supplemental Security
Income grants of all persons in the aged, blind, or disabled
categories who meet the eligibility and need requirements of
this Code, after having given prior notice to and having
consulted with the Citizens Assembly/Council on Public Aid
under the procedures established by Section 12-4.11 hereof.
The amount or amounts of such supplementary payments shall be
established by the Director of the Illinois Department in a
manner consistent with the other provisions of this Article
III.
(c) The Illinois Department, the Comptroller and the
Treasurer, are authorized to disburse to the Federal
Government amounts appropriated to the Illinois Department
for use in furnishing aid to persons eligible under Article
III of this Code, to receive reimbursements from the Federal
Government therefor, and to establish administrative
procedures necessary for the accomplishment of such a payment
system.
(Source: P.A. 89-21, eff. 7-1-95.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the
rate of reimbursement for the medical assistance for which
payment will be authorized, and the medical services to be
provided, which may include all or part of the following: (1)
inpatient hospital services; (2) outpatient hospital
services; (3) other laboratory and X-ray services; (4)
skilled nursing home services; (5) physicians' services
whether furnished in the office, the patient's home, a
hospital, a skilled nursing home, or elsewhere; (6) medical
care, or any other type of remedial care furnished by
licensed practitioners; (7) home health care services; (8)
private duty nursing service; (9) clinic services; (10)
dental services; (11) physical therapy and related services;
(12) prescribed drugs, dentures, and prosthetic devices; and
eyeglasses prescribed by a physician skilled in the diseases
of the eye, or by an optometrist, whichever the person may
select; (13) other diagnostic, screening, preventive, and
rehabilitative services; (14) transportation and such other
expenses as may be necessary; (15) medical treatment of
sexual assault survivors, as defined in Section 1a of the
Sexual Assault Survivors Emergency Treatment Act, for
injuries sustained as a result of the sexual assault,
including examinations and laboratory tests to discover
evidence which may be used in criminal proceedings arising
from the sexual assault; (16) the diagnosis and treatment of
sickle cell anemia; and (17) any other medical care, and any
other type of remedial care recognized under the laws of this
State, but not including abortions, or induced miscarriages
or premature births, unless, in the opinion of a physician,
such procedures are necessary for the preservation of the
life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable
child and such procedure is necessary for the health of the
mother or her unborn child. The Illinois Department, by rule,
shall prohibit any physician from providing medical
assistance to anyone eligible therefor under this Code where
such physician has been found guilty of performing an
abortion procedure in a wilful and wanton manner upon a woman
who was not pregnant at the time such abortion procedure was
performed. The term "any other type of remedial care" shall
include nursing care and nursing home service for persons who
rely on treatment by spiritual means alone through prayer for
healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of
payment for any laboratory test authorized under this
Article, that a physician's handwritten signature appear on
the laboratory test order form. The Illinois Department may,
however, impose other appropriate requirements regarding
laboratory test order documentation.
The Illinois Department of Public Aid shall provide the
following services to persons eligible for assistance under
this Article who are participating in education, training or
employment programs operated by the Department of Human
Services as successor to the Department of Public Aid:
(1) dental services, which shall include but not be
limited to prosthodontics; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for
women 35 years of age or older who are eligible for medical
assistance under this Article, as follows: a baseline
mammogram for women 35 to 39 years of age and an annual
mammogram for women 40 years of age or older. All screenings
shall include a physical breast exam, instruction on
self-examination and information regarding the frequency of
self-examination and its value as a preventative tool. As
used in this Section, "low-dose mammography" means the x-ray
examination of the breast using equipment dedicated
specifically for mammography, including the x-ray tube,
filter, compression device, image receptor, and cassettes,
with an average radiation exposure delivery of less than one
rad mid-breast, with 2 views for each breast.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided
prenatal services and is suspected of drug abuse or is
addicted as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, referral to a local substance abuse
treatment provider licensed by the Department of Human
Services or to a licensed hospital which provides substance
abuse treatment services. The Department of Public Aid shall
assure coverage for the cost of treatment of the drug abuse
or addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program
providing case management services for addicted women,
including information on appropriate referrals for other
social services that may be needed by addicted women in
addition to treatment for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Illinois Department of Public Aid nor the
Department of Human Services shall sanction the recipient
solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this
Article as it shall deem appropriate. In formulating these
regulations the Illinois Department shall consult with and
give substantial weight to the recommendations offered by the
Citizens Assembly/Council on Public Aid. The Department
should seek the advice of formal professional advisory
committees appointed by the Director of the Illinois
Department for the purpose of providing regular advice on
policy and administrative matters, information dissemination
and educational activities for medical and health care
providers, and consistency in procedures to the Illinois
Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall
be represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to
clients in target areas according to provisions of this
Article and the Illinois Health Finance Reform Act, except
that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and
negotiate financial incentives to encourage the
development of Partnerships and the efficient delivery of
medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating
between service providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. The Illinois Department shall require
health care providers to make available, when authorized by
the patient, in writing, the medical records in a timely
fashion to other health care providers who are treating or
serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be
required to maintain and retain business and professional
records sufficient to fully and accurately document the
nature, scope, details and receipt of the health care
provided to persons eligible for medical assistance under
this Code, in accordance with regulations promulgated by the
Illinois Department. The rules and regulations shall require
that proof of the receipt of prescription drugs, dentures,
prosthetic devices and eyeglasses by eligible persons under
this Section accompany each claim for reimbursement submitted
by the dispenser of such medical services. No such claims for
reimbursement shall be approved for payment by the Illinois
Department without such proof of receipt, unless the Illinois
Department shall have put into effect and shall be operating
a system of post-payment audit and review which shall, on a
sampling basis, be deemed adequate by the Illinois Department
to assure that such drugs, dentures, prosthetic devices and
eyeglasses for which payment is being made are actually being
received by eligible recipients. Within 90 days after the
effective date of this amendatory Act of 1984, the Illinois
Department shall establish a current list of acquisition
costs for all prosthetic devices and any other items
recognized as medical equipment and supplies reimbursable
under this Article and shall update such list on a quarterly
basis, except that the acquisition costs of all prescription
drugs shall be updated no less frequently than every 30 days
as required by Section 5-5.12.
The rules and regulations of the Illinois Department
shall require that a written statement including the required
opinion of a physician shall accompany any claim for
reimbursement for abortions, or induced miscarriages or
premature births. This statement shall indicate what
procedures were used in providing such medical services.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the
Medical Assistance program established under this Article to
disclose all financial, beneficial, ownership, equity, surety
or other interests in any and all firms, corporations,
partnerships, associations, business enterprises, joint
ventures, agencies, institutions or other legal entities
providing any form of health care services in this State
under this Article.
The Illinois Department may require that all dispensers
of medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department
may by rule establish, all inquiries from clients and
attorneys regarding medical bills paid by the Illinois
Department, which inquiries could indicate potential
existence of claims or liens for the Illinois Department.
Enrollment of a vendor that provides non-emergency
medical transportation, defined by the Department by rule,
shall be conditional for 180 days. During that time, the
Department of Public Aid may terminate the vendor's
eligibility to participate in the medical assistance program
without cause. That termination of eligibility is not
subject to the Department's hearing process.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and
prosthetic devices and durable medical equipment. Such rules
shall provide, but not be limited to, the following services:
(1) immediate repair or replacement of such devices by
recipients without medical authorization; and (2) rental,
lease, purchase or lease-purchase of durable medical
equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent
of the recipient's needs, and the requirements and costs for
maintaining such equipment. Such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department. Rules under clause (2)
above shall not provide for purchase or lease-purchase of
durable medical equipment or supplies used for the purpose of
oxygen delivery and respiratory care.
The Department shall execute, relative to the nursing
home prescreening project, written inter-agency agreements
with the Department of Human Services and the Department on
Aging, to effect the following: (i) intake procedures and
common eligibility criteria for those persons who are
receiving non-institutional services; and (ii) the
establishment and development of non-institutional services
in areas of the State where they are not currently available
or are undeveloped.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code. The Illinois Department
shall report regularly the results of the operation of such
systems and programs to the Citizens Assembly/Council on
Public Aid to enable the Committee to ensure, from time to
time, that these programs are effective and meaningful.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision
of the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors;
and
(d) efforts at utilization review and control by
the Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the
General Assembly. The filing of one copy of the report with
the Speaker, one copy with the Minority Leader and one copy
with the Clerk of the House of Representatives, one copy with
the President, one copy with the Minority Leader and one copy
with the Secretary of the Senate, one copy with the
Legislative Research Unit, and such additional copies with
the State Government Report Distribution Center for the
General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act and one copy with the
Citizens Assembly/Council on Public Aid or its successor
shall be deemed sufficient to comply with this Section.
(Source: P.A. 91-344, eff. 1-1-00; 91-462, eff. 8-6-99;
91-666, eff. 12-22-99; 92-16, eff. 6-28-01; 92-651, eff.
7-11-02; 92-789, eff. 8-6-02.)
(305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5)
Sec. 5-5.5. Elements of Payment Rate.
(a) The Department of Public Aid shall develop a
prospective method for determining payment rates for skilled
nursing and intermediate care services in nursing facilities
composed of the following cost elements:
(1) Standard Services, with the cost of this
component being determined by taking into account the
actual costs to the facilities of these services subject
to cost ceilings to be defined in the Department's rules.
(2) Resident Services, with the cost of this
component being determined by taking into account the
actual costs, needs and utilization of these services, as
derived from an assessment of the resident needs in the
nursing facilities. The Department shall adopt rules
governing reimbursement for resident services as listed
in Section 5-1.1. Surveys or assessments of resident
needs under this Section shall include a review by the
facility of the results of such assessments and a
discussion of issues in dispute with authorized survey
staff, unless the facility elects not to participate in
such a review process. Surveys or assessments of
resident needs under this Section may be conducted
semi-annually and payment rates relating to resident
services may be changed on a semi-annual basis. The
Illinois Department shall initiate a project, either on a
pilot basis or Statewide, to reimburse the cost of
resident services based on a methodology which utilizes
an assessment of resident needs to determine the level of
reimbursement. This methodology shall be different from
the payment criteria for resident services utilized by
the Illinois Department on July 1, 1981. On March 1,
1982, and each year thereafter, until such time when the
Illinois Department adopts the methodology used in such
project for use statewide or the Illinois Department
reports to the Citizens Assembly/Council on Public Aid
that the methodology did not meet the Department's goals
and objectives and therefore is ceasing such project, the
Illinois Department shall report to the General Assembly
on the implementation and progress of such project. The
report shall include:
(A) A statement of the Illinois Department's
goals and objectives for such project;
(B) A description of such project, including
the number and type of nursing facilities involved
in the project;
(C) A description of the methodology used in
such project;
(D) A description of the Illinois Department's
application of the methodology;
(E) A statement on the methodology's effect on
the quality of care given to residents in the sample
nursing facilities; and
(F) A statement on the cost of the methodology
used in such project and a comparison of this cost
with the cost of the current payment criteria.
(3) Ancillary Services, with the payment rate being
developed for each individual type of service. Payment
shall be made only when authorized under procedures
developed by the Department of Public Aid.
(4) Nurse's Aide Training, with the cost of this
component being determined by taking into account the
actual cost to the facilities of such training.
(5) Real Estate Taxes, with the cost of this
component being determined by taking into account the
figures contained in the most currently available cost
reports (with no imposition of maximums) updated to the
midpoint of the current rate year for long term care
services rendered between July 1, 1984 and June 30, 1985,
and with the cost of this component being determined by
taking into account the actual 1983 taxes for which the
nursing homes were assessed (with no imposition of
maximums) updated to the midpoint of the current rate
year for long term care services rendered between July 1,
1985 and June 30, 1986.
(b) In developing a prospective method for determining
payment rates for skilled nursing and intermediate care
services in nursing facilities, the Department of Public Aid
shall consider the following cost elements:
(1) Reasonable capital cost determined by utilizing
incurred interest rate and the current value of the
investment, including land, utilizing composite rates, or
by utilizing such other reasonable cost related methods
determined by the Department. However, beginning with the
rate reimbursement period effective July 1, 1987, the
Department shall be prohibited from establishing,
including, and implementing any depreciation factor in
calculating the capital cost element.
(2) Profit, with the actual amount being produced
and accruing to the providers in the form of a return on
their total investment, on the basis of their ability to
economically and efficiently deliver a type of service.
The method of payment may assure the opportunity for a
profit, but shall not guarantee or establish a specific
amount as a cost.
(c) The Illinois Department may implement the amendatory
changes to this Section made by this amendatory Act of 1991
through the use of emergency rules in accordance with the
provisions of Section 5.02 of the Illinois Administrative
Procedure Act. For purposes of the Illinois Administrative
Procedure Act, the adoption of rules to implement the
amendatory changes to this Section made by this amendatory
Act of 1991 shall be deemed an emergency and necessary for
the public interest, safety and welfare.
(d) No later than January 1, 2001, the Department of
Public Aid shall file with the Joint Committee on
Administrative Rules, pursuant to the Illinois Administrative
Procedure Act, a proposed rule, or a proposed amendment to an
existing rule, regarding payment for appropriate services,
including assessment, care planning, discharge planning, and
treatment provided by nursing facilities to residents who
have a serious mental illness.
(Source: P.A. 91-799, eff. 6-13-00.)
(305 ILCS 5/5-15) (from Ch. 23, par. 5-15)
Sec. 5-15. (a) The Illinois Department is authorized to
contract with community based organizations serving low
income communities for a three year period to demonstrate how
and the extent to which preventive health programs can
decrease utilization of medical care services and/or improve
health status.
(b) As used in this Section (1) a community based
organization is an organization established as a
not-for-profit corporation under laws of the State of
Illinois which serves a defined geographic community and is
governed by members of that community; and (2) a preventive
health program is any program, service or intervention the
purpose of which is to identify, resolve, or ameliorate
problems which contribute to the utilization of medical
services.
(c) The Illinois Department is authorized, for
evaluation purposes, to release names of recipients and other
pertinent identification and medical utilization information
to the community organizations under contract.
(d) Contractors shall maintain strict confidentiality of
information released by the Illinois Department by following
guidelines established by the Illinois Department, which
shall require that recipients sign a release for any further
use or disclosure of such information.
(e) The Illinois Department shall report to the Citizens
Assembly/Council on Public Aid annually on the costs and
benefits of preventive health care projects.
(Source: P.A. 86-651.)
(305 ILCS 5/9-6.1) (from Ch. 23, par. 9-6.1)
Sec. 9-6.1. Housing Education Program. The Illinois
Department, upon consultation with and advice of the Citizens
Assembly/Council on Public Aid, shall establish, either
directly or by contract, a pilot project for a housing
education program that will provide persons receiving aid
under Articles III, IV, V, and VI with instructions in the
care and maintenance of dwelling units, in the essentials of
adequate housekeeping, and the problems of urban living. If
in accord with Federal law and regulations governing grants
to this State for public aid purposes, the Department may
require recipients to attend a housing education program.
Non-recipients to whom services have been extended under the
provisions of Section 9-8 may also attend and participate in
a housing education program established hereunder.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/9-8) (from Ch. 23, par. 9-8)
Sec. 9-8. Extension of Coverage.) If appropriate and
sufficient facilities are not available through other
agencies, and upon consultation with and advice of the
Citizens Assembly/Council on Public Aid, the Illinois
Department may extend those services provided in this Article
which relate to work adjustment, education, training, and
counseling and guidance on problems of child care, family
relationships, home and money management, transportation, and
health, to one or both of the following:
(1) persons and families who have been recipients of aid
within 1 year preceding their request for the services, and
who are likely to become recipients of aid again unless
needed services are provided;
(2) other persons and families who request the services
and whose economic, personal or social situation is such as
to make it likely that without counseling, training or other
services financial aid could reasonably be expected to be
required within 6 months.
The services may be continued for such time as may be
necessary to overcome the conditions which may result in
dependency upon financial aid but each case shall be reviewed
at least quarterly to assure that the services are not
continued beyond a reasonable period of time.
Any extension of services under the foregoing provisions
shall be limited to a pilot county or counties, or other test
area, until the cost and effectiveness of the services
provided are determined to be in the public interest. The
initiation in any county or the extension in any county, of
the services specified in the first paragraph of this Section
shall require prior consultation with and advice of the
Citizens Assembly/Council on Public Aid.
Upon consultation with and advice of the Citizens
Assembly/Council on Public Aid, The Illinois Department may
also extend the educational and vocational training programs
provided under Section 9-5 or Section 9-7 to persons whose
income does not exceed the standard established to determine
eligibility for aid as a medically indigent person under
Article V, subject to the minimum quarterly review
requirement established in this Section for persons
designated in subparagraphs (1) and (2).
(Source: P.A. 86-651.)
(305 ILCS 5/11-5) (from Ch. 23, par. 11-5)
Sec. 11-5. Investigation of applications. The County
Department or local governmental unit shall promptly, upon
receipt of an application, make the necessary investigation,
as prescribed by rule of the Illinois Department, for
determining the eligibility of the applicant for aid.
A report of every investigation shall be made in writing
and become a part of the record in each case.
The Illinois Department, upon consultation with and
advice of the Citizens Assembly/Council on Public Aid, may by
rule prescribe the circumstances under which information
furnished by applicants in respect to their eligibility may
be presumed prima facie correct, subject to all civil and
criminal penalties and recoveries provided in this Code if
the additional investigation establishes that the applicant
made false statements or was otherwise ineligible for aid.
(Source: P.A. 86-651.)
(305 ILCS 5/12-4.30) (from Ch. 23, par. 12-4.30)
Sec. 12-4.30. Demonstration programs. Establish
demonstration programs, authorized by federal law and
pursuant to State regulations. Such demonstration programs
shall be subject to the prior review of the Citizens
Assembly/Citizens Council on Public Aid and may include, but
shall not be limited to: cashing out welfare benefits such
as, but not limited to, food stamps, energy assistance
payments and medical benefits; providing medical benefits
through the purchase of health insurance; and capping grant
amounts at certain levels regardless of the number of persons
in the case. Such demonstration programs may be limited to
particular geographic areas.
(Source: P.A. 85-1209.)
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
Sec. 12-5. Appropriations; uses; federal grants; report
to General Assembly. From the sums appropriated by the
General Assembly, the Illinois Department shall order for
payment by warrant from the State Treasury grants for public
aid under Articles III, IV, and V, including grants for
funeral and burial expenses, and all costs of administration
of the Illinois Department and the County Departments
relating thereto. Moneys appropriated to the Illinois
Department for public aid under Article VI may be used, with
the consent of the Governor, to co-operate with federal,
State, and local agencies in the development of work projects
designed to provide suitable employment for persons receiving
public aid under Article VI. The Illinois Department, with
the consent of the Governor, may be the agent of the State
for the receipt and disbursement of federal funds or
commodities for public aid purposes under Article VI and for
related purposes in which the co-operation of the Illinois
Department is sought by the federal government, and, in
connection therewith, may make necessary expenditures from
moneys appropriated for public aid under any Article of this
Code and for administration. The Illinois Department, with
the consent of the Governor, may be the agent of the State
for the receipt and disbursement of federal funds pursuant to
the Immigration Reform and Control Act of 1986 and may make
necessary expenditures from monies appropriated to it for
operations, administration, and grants, including payment to
the Health Insurance Reserve Fund for group insurance costs
at the rate certified by the Department of Central Management
Services. All amounts received by the Illinois Department
pursuant to the Immigration Reform and Control Act of 1986
shall be deposited in the Immigration Reform and Control
Fund. All amounts received into the Immigration Reform and
Control Fund as reimbursement for expenditures from the
General Revenue Fund shall be transferred to the General
Revenue Fund.
All grants received by the Illinois Department for
programs funded by the Federal Social Services Block Grant
shall be deposited in the Social Services Block Grant Fund.
All funds received into the Social Services Block Grant Fund
as reimbursement for expenditures from the General Revenue
Fund shall be transferred to the General Revenue Fund. All
funds received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative
Fund shall be transferred into the Local Initiative Fund.
Any other federal funds received into the Social Services
Block Grant Fund shall be transferred to the Special Purposes
Trust Fund. All federal funds received by the Illinois
Department as reimbursement for Employment and Training
Programs for expenditures made by the Illinois Department
from grants, gifts, or legacies as provided in Section
12-4.18 or made by an entity other than the Illinois
Department shall be deposited into the Employment and
Training Fund, except that federal funds received as
reimbursement as a result of the appropriation made for the
costs of providing adult education to public assistance
recipients under the "Adult Education, Public Assistance
Fund" shall be deposited into the General Revenue Fund;
provided, however, that all funds, except those that are
specified in an interagency agreement between the Illinois
Community College Board and the Illinois Department, that are
received by the Illinois Department as reimbursement under
Title IV-A of the Social Security Act for expenditures that
are made by the Illinois Community College Board or any
public community college of this State shall be credited to a
special account that the State Treasurer shall establish and
maintain within the Employment and Training Fund for the
purpose of segregating the reimbursements received for
expenditures made by those entities. As reimbursements are
deposited into the Employment and Training Fund, the Illinois
Department shall certify to the State Comptroller and State
Treasurer the amount that is to be credited to the special
account established within that Fund as a reimbursement for
expenditures under Title IV-A of the Social Security Act made
by the Illinois Community College Board or any of the public
community colleges. All amounts credited to the special
account established and maintained within the Employment and
Training Fund as provided in this Section shall be held for
transfer to the TANF Opportunities Fund as provided in
subsection (d) of Section 12-10.3, and shall not be
transferred to any other fund or used for any other purpose.
Any or all federal funds received as reimbursement for
food and shelter assistance under the Emergency Food and
Shelter Program authorized by Section 12-4.5 may be
deposited, with the consent of the Governor, into the
Homelessness Prevention Fund.
Eighty percent of the federal financial participation
funds received by the Illinois Department under the Title
IV-A Emergency Assistance program as reimbursement for
expenditures made from the Illinois Department of Children
and Family Services appropriations for the costs of providing
services in behalf of Department of Children and Family
Services clients shall be deposited into the DCFS Children's
Services Fund.
All federal funds, except those covered by the foregoing
3 paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and
Titles IV, XVI, XIX and XX of the Federal Social Security
Act. Any other federal funds received by the Illinois
Department under Sections 12-4.6, 12-4.18 and 12-4.19 that
are required by Section 12-10 of this Code to be paid into
the Special Purposes Trust Fund shall be deposited into the
Special Purposes Trust Fund. Any other federal funds
received by the Illinois Department pursuant to the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act shall be deposited in the Child Support
Enforcement Trust Fund as required under Section 12-10.2 of
this Code. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.21 of this Code to
be paid into the Medicaid Developmentally Disabled Provider
Participation Fee Trust Fund shall be deposited into the
Medicaid Developmentally Disabled Provider Participation Fee
Trust Fund. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.31 of this Code to
be paid into the Medicaid Long Term Care Provider
Participation Fee Trust Fund shall be deposited into the
Medicaid Long Term Care Provider Participation Fee Trust
Fund. Any other federal funds received by the Illinois
Department for hospital inpatient, hospital ambulatory care,
and disproportionate share hospital expenditures made under
Title XIX of the Social Security Act and Article V of this
Code that are required by Section 14-2 of this Code to be
paid into the Hospital Services Trust Fund shall be deposited
into the Hospital Services Trust Fund. Any other federal
funds received by the Illinois Department for expenditures
made under Title XIX of the Social Security Act and Articles
V and VI of this Code that are required by Section 15-2 of
this Code to be paid into the County Provider Trust Fund
shall be deposited into the County Provider Trust Fund. Any
other federal funds received by the Illinois Department for
hospital inpatient, hospital ambulatory care, and
disproportionate share hospital expenditures made under Title
XIX of the Social Security Act and Article V of this Code
that are required by Section 5A-8 of this Code to be paid
into the Hospital Provider Fund shall be deposited into the
Hospital Provider Fund. Any other federal funds received by
the Illinois Department for medical assistance program
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5B-8
of this Code to be paid into the Long-Term Care Provider Fund
shall be deposited into the Long-Term Care Provider Fund.
Any other federal funds received by the Illinois Department
for medical assistance program expenditures made under Title
XIX of the Social Security Act and Article V of this Code
that are required by Section 5C-7 of this Code to be paid
into the Developmentally Disabled Care Provider Fund shall be
deposited into the Developmentally Disabled Care Provider
Fund. Any other federal funds received by the Illinois
Department for trauma center adjustment payments that are
required by Section 5-5.03 of this Code and made under Title
XIX of the Social Security Act and Article V of this Code
shall be deposited into the Trauma Center Fund. Any other
federal funds received by the Illinois Department as
reimbursement for expenses for early intervention services
paid from the Early Intervention Services Revolving Fund
shall be deposited into that Fund.
The Illinois Department shall consult with the Citizens
Assembly/Council on Public Aid in respect to the expenditure
of federal funds from the Special Purposes Trust Fund under
Section 12-10 and the Local Initiative Fund under Section
12-10.1. It shall report to the General Assembly at the end
of each fiscal quarter the amount of all funds received and
paid into the Social Service Block Grant Fund and the Local
Initiative Fund and the expenditures and transfers of such
funds for services, programs and other purposes authorized by
law. Such report shall be filed with the Speaker, Minority
Leader and Clerk of the House, with the President, Minority
Leader and Secretary of the Senate, with the Chairmen of the
House and Senate Appropriations Committees, the House Human
Resources Committee and the Senate Public Health, Welfare and
Corrections Committee, or the successor standing Committees
of each as provided by the rules of the House and Senate,
respectively, with the Legislative Research Unit and with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act and one copy with the Citizens
Assembly/Council on Public Aid or its successor shall be
deemed sufficient to comply with this Section.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
Sec. 12-8. Public Assistance Emergency Revolving Fund -
Uses. The Public Assistance Emergency Revolving Fund,
established by Act approved July 8, 1955 shall be held by the
Illinois Department and shall be used for the following
purposes:
1. To provide immediate financial aid to applicants
in acute need who have been determined eligible for aid
under Articles III, IV, or V.
2. To provide emergency aid to recipients under
said Articles who have failed to receive their grants
because of mail box or other thefts, or who are victims
of a burnout, eviction, or other circumstances causing
privation, in which cases the delays incident to the
issuance of grants from appropriations would cause
hardship and suffering.
3. To provide emergency aid for transportation,
meals and lodging to applicants who are referred to
cities other than where they reside for physical
examinations to establish blindness or disability, or to
determine the incapacity of the parent of a dependent
child.
4. To provide emergency transportation expense
allowances to recipients engaged in vocational training
and rehabilitation projects.
5. To assist public aid applicants in obtaining
copies of birth certificates, death certificates,
marriage licenses or other similar legal documents which
may facilitate the verification of eligibility for public
aid under this Code.
6. To provide immediate payments to current or
former recipients of child support enforcement services,
or refunds to responsible relatives, for child support
made to the Illinois Department under Title IV-D of the
Social Security Act when such recipients of services or
responsible relatives are legally entitled to all or part
of such child support payments under applicable State or
federal law.
7. To provide payments to individuals or providers
of transportation to and from medical care for the
benefit of recipients under Articles III, IV, V, and VI.
Disbursements from the Public Assistance Emergency
Revolving Fund shall be made by the Illinois Department.
Expenditures from the Public Assistance Emergency
Revolving Fund shall be for purposes which are properly
chargeable to appropriations made to the Illinois Department,
or, in the case of payments under subparagraph 6, to the
Child Support Enforcement Trust Fund, except that no
expenditure shall be made for purposes which are properly
chargeable to appropriations for the following objects:
personal services; extra help; state contributions to
retirement system; state contributions to Social Security;
state contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment;
electronic data processing; operation of auto equipment;
telecommunications services; library books; and refunds. The
Illinois Department shall reimburse the Public Assistance
Emergency Revolving Fund by warrants drawn by the State
Comptroller on the appropriation or appropriations which are
so chargeable, or, in the case of payments under subparagraph
6, by warrants drawn on the Child Support Enforcement Trust
Fund, payable to the Revolving Fund.
The Illinois Department shall consult, in writing, with
the Citizens Assembly/Council on Public Aid with respect to
the investment of funds from the Public Assistance Emergency
Revolving Fund outside the State Treasury in certificates of
deposit or other interest-bearing accounts.
(Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
Section 115. The Supreme Court Act is amended by
changing Section 17 as follows:
(705 ILCS 5/17) (from Ch. 37, par. 22)
Sec. 17. The judges of the Supreme Court shall appoint a
librarian for the Supreme Court Library, located at the
Supreme Court Building State Capitol, and prescribe his
duties and fix his compensation to be paid as other expenses
of the Supreme Court are paid. Such librarian, before
entering upon the duties of his office, shall give bond
payable to the People of the State of Illinois in the penal
sum of $5,000 with security to be approved by 2 judges of
said court conditioned for the due preservation of the books
belonging to the library, in his charge, and for the faithful
performance of his duties as such librarian.
(Source: Laws 1965, p. 766.)
Section 999. Effective date. This Act takes effect on
February 1, 2004.